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Home My WebLink AboutCC 2008-03-13 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 13, 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 Maria J. Chiaro, Interim City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 13, 2008 CONTENTS Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES 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 4/1/2008 City Commission Meeting Minutes March 13, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE On the 13th day of March 2008, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Joe Sanchez at 9:18 a.m., recessed at 12: 01 p.m., reconvened at 2:10 p.m., recessed at 5:26p.m., reconvened at 5:52 p.m., and adjourned at 8: 58 p.m. Note for the Record: Commissioner Sarnoff entered the Commission chambers at 9: 20 a.m. and Commissioner Gonzalez entered the Commission chambers at 9: 33 a.m. Commissioner Spence -Jones entered the Commission chambers at 2: 15 p.m. ALSO PRESENT: Maria J. Chiaro, Interim City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chair Sanchez: We'll go ahead and start with the invocation, followed with the pledge of allegiance, and then we'll go to the protocol programs for the Commission meeting. There are several items in the protocol. I believe all except two are here. If they are not here for the presentation, we will either continue it to the next Commission meeting, regular Commission meeting or, if it's agreed upon by the Commission, we could take it up after lunch, first item after lunch. So at this time, please stand up as we do the invocation, followed by the pledge of allegiance by Commissioner Regalado. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-00272 CEREMONIAL ITEM Honoree Miami Bicycle Month Volunteers for IRS VITA Sites for EITC Carolina Rabasa Filomena Lopez Presenter Protocol Item Mayor Diaz Proclamation Mayor Diaz Mayor Diaz Certificate of Appreciation Certificate of Appreciation 08-00272 Protocol List.pdf PRESENTED 1. Mayor Diaz presented a Proclamation in honor ofMiami Bicycle Month, in an effort to promote bicycling as an environmentally safe form of transit. 2. Mayor Diaz presented Certificates of Appreciation to Carolina Rabasa and Filomena Lopez in recognition for assisting City ofMiami residents with their federal tax obligations. Chair Sanchez: Okay. At this time, the protocol program of the day, I would like to recognize the Mayor of the City ofMiami, Mayor Manny Diaz, who will be presenting a proclamation to Miami -- reference honoring Miami Bicycle Month and then volunteers for IRS (Internal Revenue Service) vital [sic] sites for EITC (Earned Income Tax Credit), and then he's got certificates of appreciation for two individuals that the Mayor will be presenting. City ofMiami Page 3 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: Okay. For the record, there are no mayoral vetoes. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sarnoff ORDER OF THE DAY Chair Sanchez: We need to approve the minutes of the following meetings -- there's only one meeting, the regular Commission meeting of February 14, 208 [sic]. We need a motion. Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Regalado. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice Chair Spence -Jones. 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. Chair Sanchez: (INAUDIBLE) to order. Want to take this opportunity to welcome each and every one of you to our historical City Hall. The order of the day is the agenda that is in front of us today. Those are the items that'll be taken up during this meeting. [Later...] Chair Sanchez: We move on to the consent agenda. Before we move on to the consent agenda, Mr. City Manager, are there any items the Administration or Legal may want to pull from the agenda? Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, we are withdrawing item PH.10 and continuing FR.1. Chair Sanchez: Okay. FR.1 is being continued to the next regular Commission meeting -- Mr. Hernandez: Correct. Chair Sanchez: -- and the reason why that is being done, that's the panhandling ordinance. They're still working on a fiscal impact study that should be prepared to accompany that resolution, and also, the mapping was not correct on this agenda book. The mapping has been changed, so therefore, we felt that the ordinance, although it is prepared to move, it did not have the proper documentation in this agenda. And therefore, as the Chair and someone who continues to require that all ordinance that come in front of this Commission have a fiscal impact study, we requested, through the Administration, that this item be continued to the next regular Commission meeting. All right. For the record, those are the items that have been City ofMiami Page 4 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 withdrawn and continued. [Later...] Chair Sanchez: All right. FR.6 is the art entertainment mural regulation. I had stated -- andl need to clarify -- that at 2 o'clock -- that was going to be the first item after 2 o'clock. Well, it's going to be the second item after 2 o'clock because we're going to take up RE. 2, which is the Museum Park, and the reason is we're paying this consultant a lot of money for being here, so let's get him out of here quick. All right, but it'll be the second item coming back after lunch. [Later..] Commissioner Gonzalez: RE. 2. Vice Chair Spence -Jones: RE.2, we just said that we're not going to take up until after -- Commissioner Gonzalez: Oh, I'm sorry. Vice Chair Spence -Jones: -- lunch, so we're going to move to RE.3. Well, actually, RE.4. Is there anybody from --? -- okay -- Capital Improvements. Ola O. Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. RE.4 CONSENT AGENDA CA.1 08-00203 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING TWO GRANT AWARDS, IN AN Improvements AGGREGATE NOT TO EXCEED AMOUNT OF $650,000, FROM THE STATE Program DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR DRAINAGE IMPROVEMENT PROJECTS, CONSISTING OF $250,000, FOR THE FAIRLAWN STORM SEWER PUMP STATION - PHASE III, PROJECT B-50704 AND $400,000, FOR THE MIAMI FLAGAMI/WEST END STORM SEWERS IMPROVEMENTS -PHASE II, PROJECT B-50695; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM(S), TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANTS; ALLOCATING THE REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $250,000, FROM PROJECT B-50704, AND IN THE AMOUNT OF $400,000, FROM PROJECT B-50695. City ofMiami Page 5 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00203 Legislation.pdf 08-00203 Exhibit.pdf 08-00203 Exhibit2.pdf 08-00203 Exhibit3.pdf 08-00203 Exhibit4.pdf 08-00203 Exhibit5.pdf 08-00203 Exhibit6.pdf 08-00203 Exhibit7.pdf 08-00203 Exhibit8.pdf 08-00203 Exhibit9.pdf 08-00203 Exhibitl0.pdf 08-00203 Summary Form.pdf 08-00203 Text File Report.pdf 08-00203 Text File Report2.pdf 08-00203 Amendment.pdf 08-00203 Attachment A-1pdf 08-00203 Attachment D-1pdf 08-00203 Exhibit 1.pdf 08-00203 Agreement.pdf 08-00203 Attachment A.pdf 08-00203 Attachment B.pdf 08-00203 Attachment C.pdf 08-00203 Attachment D.pdf 08-00203 Attachment E.pdf 08-00203 Attachment F.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0104 CA.2 08-00204 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JANUARY 23, 2008, PURSUANT TO REQUEST FOR QUALIFICATION ("RFQ") NO. 69034, FOR THE PROVISION OF LATENT PRINT EXAMINATION SERVICES, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; APPROVING THE ESTABLISHMENT OF A PRE -QUALIFIED LIST, COMPRISED OF TWO (2) QUALIFIED PROPOSERS, AS LISTED ON "EXHIBIT A," ATTACHED AND INCORPORATED; ALLOCATING FUNDS FROM THE VARIOUS FUNDING SOURCES, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ, TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH EACH OF THE PROPOSERS. City ofMiami Page 6 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00204 Legislation.pdf 08-00204 Exhibit.pdf 08-00204 Exhibit2.pdf 08-00204 Exhibit3.pdf 08-00204 Exhibit4.pdf 08-00204 Exhibit5.pdf 08-00204 Exhibit6.pdf 08-00204 Exhibit7.pdf 08-00204 Summary Form.pdf 08-00204 Award Recommendation.pdf 08-00204 List of Proposers.pdf 08-00204-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0105 CA.3 08-00205 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID OF ENVIROWASTE SERVICES GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 06-07-041, RECEIVED DECEMBER 27, 2007, FOR THE PROJECT ENTITLED "SLAB COVER TRENCH CLEANING PROJECT, M-0001," FOR A ONE-YEAR TERM PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $357,900, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS IN THE AMOUNT OF $357,900 FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000.0000.00000 FOR THE TOTAL BID; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 08-00205 Legislation.pdf 08-00205 Exhibit.pdf 08-00205 Exhibit2.pdf 08-00205 Exhibit3.pdf 08-00205 Summary Form.pdf 08-00205 Bid Tabulation.pdf 08-00205 Bid Form.pdf 08-00205 Power Attorney.pdf 08-00205 Reporting Services.pdf 08-00205 Webpage.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 7 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 R-08-0106 CA.4 08-00206 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF FIRE EQUIPMENT AND SUPPLIES, FROM VARIOUS VENDORS, ON AN AS -NEEDED BASIS, CITYWIDE, UTILIZING EXISTING LAKE COUNTY, FLORIDA, CONTRACT NO. CT070811G5, EFFECTIVE THROUGH MARCH 31, 2008, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL, ONE (1) YEAR PERIODS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS ISSUED BY LAKE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00206 Legislation.pdf 08-00206 Summary Form.pdf 08-00206 Quotation.pdf 08-00206 Terms.pdf 08-00206 Fax Coverpage.pdf 08-00206 Fax Coverpage2.pdf 08-00206 Sales Quote.pdf 08-00206 Modification.pdf 08-00206 Pricing-Certification.pdf 08-00206 I nsurance. pdf 08-00206 Letter.pdf 08-00206 Invitation to Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0107 CA.5 08-00207 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Recreation COOPERATIVE INTERAGENCY AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), THROUGH THE DEPARTMENT OF PARKS AND RECREATION, MIAMI-DADE COUNTY PUBLIC SCHOOLS, AND THE MIAMI-DADE AREA VI OFFICE OF THE FLORIDA DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION, FOR THE PURPOSE OF IMPLEMENTING THE NATIONAL ACCLAIMED PROJECT SEARCH PROGRAM AT THE CITY, WITH SAID PROGRAM DESIGNED TO PROVIDE MARKETABLE JOB TRAINING AND SOCIAL SKILLS FOR YOUTHS WITH DISABILITIES, TO ACHIEVE THE GOAL OF SUSTAINABLE EMPLOYMENT. 08-00207 Legislation.pdf 08-00207 Exhibit.pdf 08-00207 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 8 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 CA.6 08-00208 Department of Parks and Recreation CA.7 08-00237 Department of Police Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0108 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "CITY OF MIAMI, DEPARTMENT OF PARKS AND RECREATION, PROGRAMS FOR PERSONS WITH DISABILITIES PROJECT SEARCH MIAMI," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $10,000, CONSISTING OF A GRANT AWARD RECEIVED FROM THE FLORIDA DEVELOPMENTAL DISABILITIES COUNCIL, INC., FOR THE PURPOSE OF FUNDING TRAVEL AND PROGRAM RELATED EXPENSES ASSOCIATED WITH THE IMPLEMENTATION OF SAID PROGRAM; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 08-00208 Legislation.pdf 08-00208 Summary Form.pdf 08-00208 Letter.pdf 08-00208 Letter of Agreement.pdf 08-00208 Insurance Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0109 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE TERMS OF THE MAINTENANCE AGREEMENT WITH PRINTRAK, A MOTOROLA COMPANY, FOR THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS) AND OMNITRAK SYSTEMS, PURSUANT TO RESOLUTION NO. 06-0145, ADOPTED MARCH 9, 2006, BY DECREASING THE SECOND YEAR COST FROM AN AMOUNT NOT TO EXCEED $35,299 TO AN AMOUNT NOT TO EXCEED $12,816, AND TO REFLECT AN EXTENSION EFFECTIVE FROM MARCH 1, 2008 THROUGH MAY 15, 2009, IN AN AMOUNT NOT TO EXCEED $9,376.50; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING BUDGET, ACCOUNT CODE NO. 00001.191002.546000.0000.00000. City ofMiami Page 9 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00237 Legislation.pdf 08-00237 Exhibit.pdf 08-00237 Exhibit2.pdf 08-00237 Summary Form.pdf 08-00237 Text File Report.pdf 08-00237 Letter.pdf 08-00237 Exhibit A.pdf 08-00237 Exhibit B.pdf 08-00237 Exhibits C & D.pdf 08-00237 Signature Page.pdf 08-00237-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0110 CA.8 08-00247 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF BETTY MAJEWSKI, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $41,074, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING PERMANENT TOTAL DISABILITY BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00247 Legislation.pdf 08-00247 Cover Memo.pdf 08-00247 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0111 CA.9 08-00209 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING MIAMI-DADE COUNTY (THE "COUNTY") USE OF THE MARINE STADIUM PARKING LOT AND A PORTION OF VIRGINIA KEY ALONG ARTHUR LAMB JR. ROAD, EAST TO THE MIAMI-DADE WATER AND SEWER PLANT, MIAMI, FLORIDA, TO PROVIDE TEMPORARY PARKING FOR THE 2008 SONY ERICSSON TENNIS TOURNAMENT, SCHEDULED TO BE HELD MARCH 26 TO APRIL 6, 2008, AT CRANDON PARK, KEY BISCAYNE, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE City ofMiami Page 10 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 COUNTY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE, IN EXCHANGE FOR THE COUNTY PROVIDING IN -KIND SERVICES TO THE CITY OF MIAMI. 08-00209-Legislation-SUB. pdf 08-00209 Exhibit.pdf 08-00209 Exhibit2.pdf 08-00209 Exhibit3.pdf 08-00209 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.10 08-00211 Honorable Mayor Manny Diaz R-08-0114 Chair Sanchez: Okay. We'll pick up CA.9, which is the Sony Ericsson Tennis Tournament. All right. You're recognized for the record, Madam Director. Laura Billberry (Director, Public Facilities): Thank you. Lori Billberry. Basically, we have just deleted reference to the dollar amount of the in -kind services. What they have agreed to do at this point is to do cleanup on the island in the areas that they are using, which they have estimated is in the ballpark of about $20, 000 worth of in -kind services. They will additionally -- the County will be laying a light asphalt on an area that is approximately 60,000 square feet, and that also has significant value for us as we will be able to better utilize that area in the future. Chair Sanchez: All right. The amendment has been proffered on the floor. Is there a motion and a second for the purpose of discussion? Commissioner Regalado: I move it. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Sarnoff. The item is under discussion. Any discussion on the item? We're taking a vote on CA.9, as amended, for the record. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that takes care of the consent agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A DONATION OF GOODS AND SERVICES VALUED IN THE AMOUNT OF $140,000, CONSISTING OF SOLAR SYSTEM INSTALLATION ON THE SOUTH LAWN OF CITY HALL, IN THE AMOUNT OF $100,000, AND AN INTERIOR LIGHTING RETROFIT OF CITY HALL, IN THE AMOUNT OF $40,000, FROM ECOMEDIA TO THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID IN -KIND DONATION AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID DONATION. City ofMiami Page 11 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00211-Legislation-SUB.pdf 08-00211 Exhibit.pdf 08-00211 Exhibit2.pdf 08-00211 Exhibit3.pdf This Matter was ADOPTED WITH MODIFICATIONS on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0112 Chair Sanchez: I've been advised by the City Clerk we have minor housecleaning [sic] here. CA.10 was approved, but it was not stated on the record that it was modified. Priscilla A. Thompson (City Clerk): That's correct. Chair Sanchez: So does that take care of it or do we have -- Ms. Thompson: Yes, it does. Chair Sanchez: -- to vote again? Ms. Thompson: We just need it for the record, and that way we can show it in the minutes that it was -- Chair Sanchez: All right. Ms. Thompson: -- duly noted by the Commission. Chair Sanchez: All right. Ms. Thompson: Thank you. Chair Sanchez: As so stated by the Clerk. Ms. Thompson: Thank you. CA.11 08-00278 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Public Works RECEIVED DECEMBER 3, 2007, PURSUANT TO INVITATION FOR BIDS NO. 64041, FROM NAVIGATION SOLUTIONS, INC., FOR THE PURCHASE OF GLOBAL POSITIONING EQUIPMENT FOR THE DEPARTMENT OF PUBLIC WORKS, AT AN AMOUNT NOT TO EXCEED $57,785; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL FUND ACCOUNT CODE 13680.208000.664000.0000.00000. 08-00278 Legislation.pdf 08-00278 Summary Form.pdf 08-00278 Award Recommendation.pdf 08-00278 Bid Tabulation.pdf 08-00278 I FB. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 12 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 R-08-0113 Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: Consent agenda. Any Commissioner want to pull the consent agenda for discussion or --? Mr. City -- Pedro G. Hernandez (City Manager): Mr. Chairman, in the consent agenda, I need to pull CA.9 because we do have a substitute, so I need to pull it and vote on it separately. Chair Sanchez: All right. CA.9 has been pulled for discussion and amendment. Mr. Hernandez: Yes. Chair Sanchez: An amendment on the floor? Mr. Hernandez: Lori Billberry. Laura Billberry (Director): Lori Billberry, Public Facilities. A substitute item was delivered to you earlier in the week. And basically, we have just deleted reference to the dollar amount. Chair Sanchez: All right. Before we move on on that item, is there any other items that are being pulled for discussion on consent agenda? No? Need a motion to approve the remaining items. Commissioner Sarnoff. So move. Chair Sanchez: There's a -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. No discussion on the item. We are approving the consent agendas [sic]. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." City ofMiami Page 13 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 PERSONAL APPEARANCES PA.1 08-00225 DISCUSSION ITEM MR. IVAN E. HERNANDEZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR, CORPORATION TO ADDRESS THE COMMISSION CONCERNING THE 26TH FAIR OF THE CUBAN MUNICIPALITIES IN EXILE TO TAKE PLACE FROM APRIL 3 - 6, 2008, ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK, N.W. 37TH AVENUE AT 7TH STREET, MIAMI, FLORIDA. HIS REQUEST IS FOR A WAIVER THAT THE EVENT NOT COUNT AS ONE OF THE TWO ALLOCATED EVENTS FOR THE SITE. 08-00225 Summary Form.pdf 08-00225 Letter.pdf DISCUSSED (PA.1) 08-00225a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE REQUEST OF MR. IVAN E. HERNANDEZ-DIAZ, EXECUTIVE DIRECTOR OF THE CUBAN MUNICIPALITIES FAIR CORPORATION, FOR A WAIVER OF THE TWO EVENTS PER YEAR, PER SITE, LIMITATION ON TEMPORARY EVENTS FOR THE FLAGLER DOG TRACK PROPERTY LOCATED AT 450 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, TO ALLOW THE CUBAN MUNICIPALITIES FAIR, SCHEDULED TO TAKE PLACE FROM APRIL 3, 2008 THROUGH APRIL 6, 2008, TO OCCUR ON THE PREMISES OF THE PARKING LOT ADJACENT TO THE FLAGLER DOG TRACK. 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 R-08-0115 Chair Sanchez: All right. Personal Appearances. Personal Appearances, we have PA.1, which is Municipio -- La Feria de Municipio. You're recognized for the record. Welcome. Hugo Arza: Like every year, coming from the Cuban Municipality [sic] Fairs [sic] and ask that the Mayor and the City Commissioner and the City Manager to help us to do the Cuban Municipality [sic] Fairs [sic], and want to -- the help for every year who is coming, and that's all. I don't have anything else special, just invite all of you to be there with the Cuban people in Miami. Chair Sanchez: Okay. Priscilla A. Thompson (City Clerk): Excuse me, Chair. May we get a name for the record? Chair Sanchez: Por favor, su nombre, y su direccion. Mr. Arza: My name -- yeah. My name is Hugo Arza, andl am assistant of the director of the Fair. City ofMiami Page 14 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: All right. So we -- Commissioner Gonzalez: So move, Mr. Chairman. Chair Sanchez: -- do this every year. Mr. Arza: Yes. Chair Sanchez: There is a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Gonzalez, second by Commissioner Regalado. Discussion on the item. I have that -- one discussion. Why don't we make this even an annual exception? I mean, it comes in front of us every year -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- and we approve it. I mean, why does [sic] they have to come out here if we've done it every year for the last -- God knows how many years? Maria J. Chiaro (Interim City Attorney): It's not part of the Code. I'll bring back an amendment to the City Code to include this as an ongoing event that would be exempt from the limitation of number of events in the area. Chair Sanchez: Okay. All right. You're recognized, Vice Chair. Vice Chair Spence -Jones: Yes. I just wanted to also ask Maria -- Ms. City Attorney -- is there also -- can you also look to see if there's any other organizations that do the same thing every year so we don't have to -- we can just do it all at once? Ms. Chiaro: Yes. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. No further 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. Congratulations. And hopefully, when we amend the ordinance, you won't have to come in front of us. Mr. Arza: Okay. Chair Sanchez: Automatically. Mr. Arza: Thank you very much for that thing, but it's our pleasure to be here and see all of you every year anyway. Chair Sanchez: Thank you. Mr. Arza: Thank you for everythings [sic]. Commissioner Gonzalez: Thank you. City ofMiami Page 15 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 PA.2 08-00243 DISCUSSION ITEM District4- MR. JORGE MADURO TO PRESENT AN OFFER TO THE CITY OF MIAMI Commissioner FROM THE FRIENDS OF BOBBY MADURO. Tomas Regalado 08-00243 Memo.pdf DISCUSSED Chair Sanchez: All right. PA.2 is a discussion item. Do we have Mr. Jorge Maduro? Pedro G. Hernandez (City Manager): Mr. Chairman, while he comes up, this morning Director Burkeen from Parks and myself had an opportunity to meet with Mr. Maduro, and he's going to do a brief presentation on a proposal that he has to provide free baseball clinics at City parks. Chair Sanchez: Okay. Jorge Maduro: Yes. I want to thank -- Chair Sanchez: Good morning, sir, and -- Mr. Maduro: Good morning. Chair Sanchez: -- first thing is, I need your name and address for the record. Mr. Maduro: Oh. Jorge Maduro, 11781 Southwest 94 Street, Miami 33186. Andl want to thank Commissioner Regalado for inviting us today. With me is my son, Jorge, Mickey, who play professional baseball, Mickey Lopez, who finished his career with the Marlins in spring training, and Jose Nicolas, who signed with the Pirates. And we want to propose a partnership between the City ofMiami and the Maduro Family, that we would offer baseball clinics in the parks of the City ofMiami where there's no academies. It would -- the -- there would be no cost to the City and no cost to the participant either. Chair Sanchez: Wow. Mr. Maduro: The partnership will be the City will put the parks and transportation when we need it, and we would conduct the program not only on the field, but also classroom instructions. We will raise the funds, and we commit to be positive role models for the youth and the coaches of the area. So, basically, that's it, as simple as that. We put in the work, the sweat power, and then we work together to develop healthier Miami. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think it's important in what Jorge has done, and it's important that the City welcomes, especially now with the environment of the possible new stadium in the City ofMiami -- and it is important to notice that the Maduro Family has been a tradition in baseball in Cuban [sic] and in the United States. It is -- Jorge is a very modest person, but he comes from a family -- his father, whom I had the honor of meeting here, is the person that pushed baseball in Cuba for many years, and the stadium in Miami was called Bobby Maduro because -- and the Sugar Cuban -- the -- Mr. Maduro: Cuban Sugar Kings. Commissioner Regalado: -- Cuban Sugar Kings, right? -- the international baseball team, and Jorge is a dedicated person, and he goes around with his son -- Jorge was also a player -- around the parks in Miami -Dade County, and he wanted to do something in the City ofMiami, City ofMiami Page 16 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 andl think that the Manager has received all the information, andl think that it's important that we decide that we should move forward with this because baseball is the national pastime, and there are many, many, many kids who will benefit from this. Andl -- you know, when I mentioned this to the Manager several days ago, he said, oh, I remember him, you know, from the UM (University ofMiami). Andl said, no, because you didn't play baseball in the UM, and - - but, yes, it turn out that -- Mr. Hernandez: But, Commissioner, if you don't mind, we are from the same era, by the way, same year out of UM. Commissioner Regalado: I know, but I thought that he was the catcher and you were the pitcher, but no. But Mr. Manager -- so where we go from here? Mr. Hernandez: As I said this morning, I met with Mr. Maduro and Director Burkeen, and we're going to work with him and the director in making sure that we identf opportunities where there are no conflicts with other academies, other programs to move forward on that, and then I'll bring a report back to the City Commission. Commissioner Regalado: Thank you. Thank you, Jorge. Mr. Maduro: Thank you. Chair Sanchez: Discuss -- any -- Commissioner Sarnoff. Mr. Chairman. Chair Sanchez: -- further discussion? Yes, sir. You're recognized for the record. Commissioner Sarnoff. Yeah. I just thought I'd kind of pitch a movie that we showed here in City Hall of the Maduro Family, and it's called White Elephant, and it does a very good depiction of your family and its history with the City and you know, our maybe lack of concern for some of our historic baseball stadiums, but let me pitch it for your family 'cause it's a great -- it was a great honor to have you here. It was a lot of fun having an answer -- a question and answer session with you here at City Hall, and the movie's called White Elephant, and it's made by a Miami producer and a Miami director, and it's actually doing very, very well in the video rentals. Mr. Maduro: Thank you very much. Chair Sanchez: All right. Any further discussion on the item? If not, the direction has been made to the Administration and the Parks Department. The only thing that I would ask -- Mr. Maduro -- that this be citywide, of course. You know, being that we do have already a lot of clinics in the Hispanic community, this would allow us an opportunity to reach a lot of kids that may -- Mr. Maduro: Well, the main thrust of this is to teach African American kids -- Chair Sanchez: Perfect. Mr. Maduro: -- baseball. In fact, we -- last Saturday, we were at the Liberty City Community Center, and the staff there got so excited that they suggested that I -- we meet with you and your counterpart from the County because they saw that, you know, what we did that they -- you know, that they -- you know, regarding healthcare, and they got very excited, so maybe we can meet with you too because we have -- City ofMiami Page 17 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Well, I would -- Mr. Maduro: -- the first one scheduled for in about three weeks in a park that is pending in your area. Vice Chair Spence -Jones: I definitely would love to definitely -- Mr. Maduro: It's going to be at Northwestern High School -- Vice Chair Spence -Jones: Oh. Mr. Maduro: -- the first one. Vice Chair Spence -Jones: Okay. I would definitely love to have you and definitely love to participate not only in the Liberty City area; I know that they're starving in the Overtown area for -- Mr. Maduro: Right. Vice Chair Spence -Jones: -- baseball. We do have -- andBurkeen knows this -- a baseball -- one baseball diamond there, but the kids really, really would value and appreciate having a program there. Mr. Maduro: Well, this is basically going to be countywide. Yesterday, we met with the Goulds Pastors Association, through a lady named Teresa Miller, and they're going to work very closely with us. In the morning had met with the city of Homestead. Vice Chair Spence -Jones: Okay. Mr. Maduro: We just thought that we wanted to formalize it because of my past relationship with Tomas for a long time, and Commissioner Sarnoff also honored my family. We had like a gathering here, about 300 family and friends and older professional baseball players, and you know, the professional baseball players also are going to -- you know, backing this up, so we're quite excited. We think we can make a huge difference in the City, and hopefully, baseball will become the national pastime here in Miami too and be recognized as such, so thank you. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Thank you so much. Commissioner Gonzalez: Thank you, sir. City ofMiami Page 18 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 PH.1 08-00148 RESOLUTION Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "PATEL'S TRACT," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-00148 Legislation.pdf 08-00148 Exhibit.pdf 08-00148 Exhibit2.pdf 08-00148 Exhibit3.pdf 08-00148 Exhibit4.pdf 08-00148 Exhibit5.pdf 08-00148 Exhibit6.pdf 08-00148 Summary Form.pdf 08-00148 Memo.pdf 08-00148 Notice of Public Hearing.pdf 08-00148 Memo2.pdf 08-00148 Notice of Public Hearing2.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-08-0116 Chair Sanchez: All right. Moving on, we go to the public hearings, and these are -- I believe we have seven plats. Stephanie Grindell (Director, Public Works): Seven? Chair Sanchez: Are they? Ms. Grindell: No. Chair Sanchez: Okay. All right. We'll start with PH.1. PH.1 is a resolution. Ms. Grindell: Stephanie Grindell, director of Public Works. PH.1 is a resolution accepting the plat of Paters Tract. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. City ofMiami Page 19 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Stephanie, this is -- these are the tracts that are up on Biscayne Boulevard, correct? Ms. Grindell: These are -- Commissioner Sarnoff. Or just off of it. Ms. Grindell: It's just one tract. Commissioner Sarnoff Right. I'm sorry. Ms. Grindell: It's on the south side of 70 -- Northeast 72nd Street, between Biscayne Boulevard and Northeast 5th Avenue. Commissioner Sarnoff. Is there any -- Ms. Grindell: And there's a map in the back. Commissioner Sarnoff. -- opportunity to get any kind of parking spaces out of this? Ms. Grindell: No. Commissioner Sarnoff. Not at all? Ms. Grindell: This is just a lot that is a little bit under the minimum of 5, 000. It's a nonconforming lot. They're adding a five-foot strip on the bottom, on the south side, so that it becomes a 5, 000 foot minimum conforming lot. Commissioner Sarnoff. I just wanted to check to see if there's any opportunity for parking. Chair Sanchez: All right. Any further discussion on PH.1 ? Hearing no discussion, it's time for deliberation. 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.2 08-00212 ORDINANCE Public Hearing Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," TO MODIFY THE WIDTH OF SOUTHWEST AND NORTHWEST NORTH RIVER DRIVE BETWEEN SOUTHWEST 3RD STREET AND NORTHWEST 5TH STREET, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND PROVIDING City ofMiami Page 20 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 FOR AN EFFECTIVE DATE. 08-00212 Legislation.pdf 08-00212 Summary Form.pdf 08-00212 Location Map.pdf 08-00212 Type B Section.pdf 08-00212 Memo.pdf 08-00212 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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: And we move to PH.2. PH.2 is also a public hearing. It is an ordinance that comes from Department of Public Works. You're recognized for the record, Madam Director. Stephanie Grindell (Director, Public Works): PH.2 is an ordinance amending the base building line chapter of the Code so that the zoned street right-of-way width of Southwest -- Northwest North River Drive, between 3rd Street -- north -- Southwest 3rd Street and Northwest 5th Street is changing the zoned street right-of-way from 60 feet to 50 feet, and there will be no visual impact there because the greenway was already built to that 50-foot right-of-way. Chair Sanchez: All right. It's an ordinance. PH.2, is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, it's a public hearing. It's an ordinance. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, for the record, the public hearing is closed; coming back to the Commission for further discussion on the item. Discussion. Commissioner Sarnoff. Yes, sir. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff. Stephanie, has the Miami River Commission -- have they come in and put in any kind of input to you on the reduction? Ms. Grindell: Yes. They recommend approval. Commissioner Sarnoff. They do recommend? Ms. Grindell: Yes. Commissioner Sarnoff. Okay. Chair Sanchez: Any further discussion on -- Commissioner Regalado: Question. Chair Sanchez: -- PH.2? Commissioner Regalado. City ofMiami Page 21 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: You know, because the bridge on 5th is closed, it's very difficult to get there. What are the possibilities for all the businesses in the area on Northwest North River Drive to have vehicular access and parking during the construction? Ms. Grindell: I'm not -- during the construction of the bridge? Commissioner Regalado: No. The construction of the road, the widening of the road. Ms. Grindell: Well, the road's almost finished being widened. Commissioner Regalado: Right, but is there any more construction planned further on --? Ms. Grindell: That's a Capital Improvement [sic] item. I'm sorry I can't -- Commissioner Regalado: Oh, okay. Vice Chair Spence -Jones: Is Capital Improvement [sic] here? Chair Sanchez: Any further discussion on this item? Vice Chair Spence -Jones: Capital -- is there anyone from Capital Improvement [sic] that can answer the Commissioner's question? Oh, okay. Chair Sanchez: All right. Commissioner Gonzalez: There is or there is not? Ola O. Aluko (Director, Capital Improvements Program): Madam Commissioner. Vice Chair Spence -Jones: Oh, actually, it was Commissioner -- Chair Sanchez: There's a question from Commissioner Regalado addressing this -- Commissioner Regalado: Northwest North River Drive, if there's going to be more construction other than the one done already. Mr. Aluko: We do have greenway projects scheduled already, Mr. Commissioner, for that particular area. What we can do is we'll -- I'll go back to the office and we'll confirm on our schedule. Commissioner Regalado: No. I'm just saying because the 5th Street Bridge, you know, is still closed, and it's very difficult to get in and out of Northwest North River Drive. Mr. Aluko: I could confirm that and bring it back to staff. Commissioner Regalado: Okay. Chair Sanchez: Any further discussion? Commissioner -- Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yeah. This is really for Stephanie. Basically, this is within my district, but wanted to ask you a question, Stephanie. As that road goes around on North River Drive, right by the Garcia area, that has become a very dangerous -- more so now than anything else, andl don't know why -- Is there anything that we can look to do to calm that traffic as it City ofMiami Page 22 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 comes around that --? 'Cause that would be a Public Works -- no? Ms. Grindell: No, it's not. Vice Chair Spence -Jones: It's not? Ms. Grindell: No. That's -- traffic calming is not handled through the Public Works Department. Vice Chair Spence -Jones: Oh, it's not? Okay. Mr. Aluko: We can look at the road, Madam Commissioner. Vice Chair Spence -Jones: Yeah. Mr. Aluko: There are several traffic calming devices that could be instituted, stop signs, speed tables. But we can investigate. Vice Chair Spence -Jones: Yeah, because when those -- it's a valet parking area right there, right off of Garcia's -- and I don't know if you guys have been there before, but if you try to back your car out of there and there are cars coming around that curve, it is a real problem, and we invested so -- invest so much money to make it look beautiful, but I don't know if we took the time to make sure that it was safe. Mr. Aluko: When we get back to the office, we can -- I'll have one of our consultants do an analysis. Again, it doesn't take a rocket scientist to understand what you're saying -- Vice Chair Spence -Jones: Yeah. Mr. Aluko: -- but we can do an analysis and implement the correct traffic calming measures, if required. Vice Chair Spence -Jones: All right. Thank you so much, Ola. Mr. Aluko: You're welcome. Vice Chair Spence -Jones: Thank you, Stephanie. Chair Sanchez: All right. Any further discussion on this item, which is an ordinance? Hearing no discussion, the public hearing was opened and closed. It's an ordinance. Madam Attorney, read the -- Commissioner Gonzalez: No. It's a resolution -- Chair Sanchez: -- ordinance -- Commissioner Gonzalez: -- isn't it? Maria J. Chiaro (Interim City Attorney): It is an ordinance -- Chair Sanchez: It is an ordinance. Commissioner Gonzalez: It is an ordinance? Ms. Chiaro: -- of the Miami City Commission. City ofMiami Page 23 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Chair Sanchez: Roll call, Madam Clerk. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. PH.3 08-00213 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP OF LAND AT GRAPELAND HEIGHTS PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND SEWER FACILITIES, (SEWER -PHASE I), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 08-00213 Legislation.pdf 08-00213 Exhibit.pdf 08-00213 Exhibit2.pdf 08-00213 Exhibit3.pdf 08-00213 Summary Form.pdf 08-00213 Memo.pdf 08-00213 Notice of Public Hearing.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-08-0117 Chair Sanchez: All right. PH.3 is a resolution from the Department of Public Facilities. You're recognized for the record. Laura Billberry (Director): Morning. Public Facilities, Lori Billberry. Item PH.3 through PH.7 are very similar, but we've been required by WASA (Water and Sewer Authority) to do these separately. So PH.3 is the granting of an easement for Phase I of a sewer easement for the Grapeland Heights Park. Commissioner Gonzalez: I'll move it. Chair Sanchez: All right. There's -- City ofMiami Page 24 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: -- a motion by Commissioner Gonzalez, second by the Chair [sic]. It's a resolution. Before we open it up for discussion, 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. Discussion on the item. Hearing none, I have a question. We did the easement for Florida Power & Light. This is the WASA. Ms. Billberry: Correct. This one is a sewer easement for Phase I of the Grapeland Heights project. Chair Sanchez: Okay. Well, we have a possible ordinance to be naming some of our signature parks. With all the easements that we've given Florida Power & Light and WASA, we should have them name one of the parks, take the name up, either Florida Power & Light Park or WASA Park. Just a little humor. All right. 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." Motion carries. That item has been approved, Madam Clerk. PH.4 08-00214 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY FIFTEEN (15) FOOT WIDE STRIP OF LAND AT GRAPELAND HEIGHTS PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND SEWER FACILITIES, (SEWER -PHASE II), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN SAID EASEMENT. 08-00214 Legislation.pdf 08-00214 Exhibit.pdf 08-00214 Exhibit2.pdf 08-00214 Exhibit3.pdf 08-00214 Summary Form.pdf 08-00214 Memo.pdf 08-00214 Notice of Public Hearing.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-08-0118 Chair Sanchez: We move on to PH.4. PH.4 is also -- City ofMiami Page 25 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Is also -- Chair Sanchez: -- granting an easement. Commissioner Gonzalez: -- another easement -- Chair Sanchez: It is a -- Commissioner Gonzalez: -- for Grapeland Chair Sanchez: -- it's a resolution for the Grapeland Heights Park. It's basically same as PH.3. Just state something for the record, and we'll take -- Laura Billberry (Director, Public Facilities): This easement is, again, a sewer easement, but this is for Phase II Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: So move it. Chair Sanchez: Motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Before we open it up for discussion, it requires 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. It is a resolution. No discussion on the item. There's a motion and a second. We are on PH.4. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, have the same right, say "nay." Madam Clerk, for the record, PH.4 has been approved. PH.5 08-00215 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY TWELVE (12) FOOT WIDE STRIP OF LAND AT GRAPELAND HEIGHTS PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES (WATER -PHASE I), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 08-00215 Legislation.pdf 08-00215 Exhibit.pdf 08-00215 Exhibit2.pdf 08-00215 Exhibit3.pdf 08-00215 Summary Form.pdf 08-00215 Memo.pdf 08-00215 Notice of Public Hearing.pdf City ofMiami Page 26 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 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-08-0119 Chair Sanchez: All right. PH.5 is also granting an easement, same Grapeland Heights Park, same as PH.3. Need a motion. Commissioner Gonzalez: Move PH.5. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair Michelle Spence -Jones. Before we open it up for discussion, it is a resolution needing a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. The public hearing is open at this time. The public hearing is closed at this time, coming back to the Commission for a discussion. Hearing no further discussion, it is a resolution. PH.5. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.6 08-00216 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY TWELVE (12) FOOT WIDE STRIP OF LAND AT GRAPELAND HEIGHTS PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES (WATER -PHASE II), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 08-00216 Legislation.pdf 08-00216 Exhibit.pdf 08-00216 Exhibit2.pdf 08-00216 Exhibit3.pdf 08-00216 Summary Form.pdf 08-00216 Memo.pdf 08-00216 Notice of Public Hearing.pdf 08-00216-Submittal-Legal Description.pdf Motion by Commissioner Gonzalez, 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-08-0120 City ofMiami Page 27 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Move PH.6. Laura Billberry (Director, Public Facilities): IfI may, for the record. Chair Sanchez: All right. Ms. Billberry: On PH.6, we would like to substitute the legal description and sketch survey in the packet. It's been a minor adjustment in the legal description. It actually shortens the easement slightly. Chair Sanchez: All right. Commissioner Gonzalez: All right. Move it with the amendment. Chair Sanchez: There's been -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- a motion by Commissioner Gonzalez, as amended by the Administration. It has been second by the Vice Chair, Michelle Spence -Jones. Before we open it up for discussion, as amended, it is 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. We are on PH.6, which is a resolution. It has been amended on the floor. Any further discussion on this item? Hearing no discussion, as amended, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, as amended. PH.7 08-00217 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ON CITY OF MIAMI OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, OF AN APPROXIMATELY TWELVE (12) FOOT WIDE STRIP OF LAND AT GRAPELAND HEIGHTS PARK, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF UNDERGROUND WATER FACILITIES (WATER -PHASE III), WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 08-00217 Legislation.pdf 08-00217 Exhibit.pdf 08-00217 Exhibit2.pdf 08-00217 Exhibit3.pdf 08-00217 Summary Form.pdf 08-00217 Memo.pdf 08-00217 Notice of Public Hearing.pdf 08-00217-Submittal-Legal Description.pdf City ofMiami Page 28 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 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-08-0121 Laura Billberry (Director, Public Facilities): HI may, we have a similar situation on PH.7, where (UNINTELLIGIBLE) have indicated that the legal description needed a slight modification. The resolution is correct, however, so we will be just substituting the exhibit. Chair Sanchez: All right. The item on PH.7 has been amended on the floor. It is a resolution. Commissioner Gonzalez, do you accept --? Commissioner Gonzalez: I'll move it, as amended. Chair Sanchez: Commissioner Gonzalez -- Commissioner Regalado: Second. Chair Sanchez: -- moves the item, as amended. It has been second by Commissioner Regalado. The item is under discussion. Before we open it up for discussion, requires a public hearing. Anyone from the public wishing to address this item? Public hearing is opened. Public hearing is closed for the record, coming back to the Commission for discussion. Hearing no discussion on the item, we are on PH.7. It's a resolution, as amended on the floor. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Billberry: Thank you. Chair Sanchez: That takes care of that. 10:30 A.M. PH.8 08-00227 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE Development AMOUNT OF $250,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 BUSINESS CORRIDOR EXPANSION AND REHABILITATION ACCOUNT; ALLOCATING SAID FUNDS TO NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO PROVIDE SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES FOR THE COMMERCIAL REHABILITATION OF THE PROPERTIES LEGALLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City ofMiami Page 29 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00227 Legislation.pdf 08-00227 Exhibit.pdf 08-00227 Exhibit2.pdf 08-00227 Exhibit3.pdf 08-00227 Exhibit4.pdf 08-00227 Exhibit5.pdf 08-00227 Exhibit6.pdf 08-00227 Exhibit7.pdf 08-00227 Exhibit8.pdf 08-00227 Exhibit9.pdf 08-00227 Ex h i bit 10. pdf 08-00227 Exhibitl 1pdf 08-00227 Exhibit12.pdf 08-00227 Exhibitl3.pdf 08-00227 Summary Form.pdf 08-00227 Public Notice.pdf 08-00227 Pre-Legislation.pdf 08-00227 Policy Attachment.pdf 08-00227 Attachment A.pdf 08-00227 Pre-Legislation2.pdf 08-00227 Pre-Legislation3.pdf 08-00227 Attachment A2.pdf 08-00227 Pre-Legislation4.pdf 08-00227 Exhibit A.pdf 08-00227 Policy Attachment2.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-08-0122 Chair Sanchez: Public hearing, Community Development. Do we have the translator? All right. The meeting was properly advertised after 10:30. It is after 10: 30, so we'll take up the first item, which is PH.8. It's a resolution in the amount of $250, 000 from the City ofMiami Department of Community Development District 5 business corridor expansion and rehabilitation account. Sir, you're recognized for the record. Alfredo Duran (Assistant Director): Thank you. Good morning. My name's Alfredo Duran, with the Department of Community Development. This is a resolution authorizing the transfer of $250, 000 to NANA (Neighbors and Neighbors Association) for the rehabilitations and economic development project, rehabilitation of two privately -owned businesses in District 5, Northwest 58th Street on the corridor of 17th Avenue. Chair Sanchez: All right. It's a resolution. Need a motion. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a -- Commissioner Gonzalez: Second. Chair Sanchez: -- motion by the Vice Chair, Michelle Spence -Jones, second by Commissioner Gonzalez. Before we open it up for discussion, Mr. Leroy Jones, you're recognized for the City ofMiami Page 30 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 record. Leroy Jones: Good morning. I'll be very brief. Leroy Jones, executive director, Neighbors and Neighbors Association, 180 Northwest 62nd Street. First, I'd like to thank City ofMiami for working with us on this project. It's a special economic development project, which we feel that will benefit the Model City/Liberty City area due to the new housing that just was developed on that block, so we want to thank the City for recognizing that and recognize our efforts in helping these two projects get underway. The second thing I just want to make clear is that we looking forward to this project to move fast, very quickly, so I'm hoping that we don't have no hang-ups and tie-up, as relates to this project. Because every time we involved in a project and the project take well longer than what it should, I'm responsible for it, so the community look to me for the project to move forward, not the Commissioner, not CD (Community Development), not the City ofMiami, but me because we have direct relationship with the business owners, so I just wanted to say -- one of the property owners is here -- You want to stand up, Mr. Ford? -- which is one of the properties that's being developed. He expanding his daycare. Eddie Ford: Good morning. Vice Chair Spence -Jones: Morning. Mr. Ford: With the present -- Chair Sanchez: Sir. Vice Chair Spence -Jones: Your name. Chair Sanchez: Need your name and -- Mr. Ford: Oh. Chair Sanchez: -- address for the record. Mr. Ford: Eddie Ford, address 5861 Northwest 17th Avenue, Mother's Care Learning Center. We currently own the whole property, whole corner of that property. We've been doing the best we could to develop out of pocket. Everything we've done has been out of pocket so far, and we've done the best we can. We're trying to expand, and we're trying to keep up with the community, with the expansion of the new houses and new homes and new apartments coming up around the area, but also too, it does another great thing for the corridor. That corridor needs to be upgraded and built up with the rest of the City ofMiami, and we kind offalling behind. You got the new houses, the beautiful homes, and the 17th Avenue corridor seems to be lagging behind, but also, too, with the addition of the school, this school is going to bring about evening time tutoring in FCAT (Florida Comprehensive Assessment Test) for those kids that's lagging behind in that area. It's going to bring about adult education as far as teen pregnancies and what have you. We got tutoring for SAT (Scholastic Aptitude Test); ACT (American College Testing) tutoring going to be going on inside the center after hours, and also special needs. And this project will bring about -- will bring -- it's only going to bring a positive to the area. It's only going to help move the area further and help us along. And I'm one business owner that's really been trying to make this thing go and get it to where it should be, and I'm going to keep trying 'til -- I'll die getting to the finish line to make it go and to make it -- to make a positive of it. You know, just -- Vice Chair Spence -Jones: Thank you. Mr. Ford: Okay. City ofMiami Page 31 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Thank you so much. All right. Anyone else? If not, it's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. The public meeting was opened and closed, coming back to the Commission. There is a motion and a second. Any further discussion on the item? Hearing no -- Commissioner -- Vice Chair Spence -Jones: No. Chair Sanchez: -- Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: I'll make a comment afterwards. Go ahead. Do you want me to make -- 2 Chair Sanchez: After the vote? Vice Chair Spence -Jones: Yeah. Chair Sanchez: Okay. It is a resolution. It has 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. Vice Chair Spence -Jones, you're recognized for a comment. Vice Chair Spence -Jones: The only thing that I wanted to say, once again, commending CD for their hard work on pulling together this special project, of course, NANA and all of their great work in the area to make sure that we support the businesses in the area. As we know, NANA has been a dependable organization with a great track record, and Leroy has done an outstanding job with supporting the businesses in the area, so you know I'm in full support of this motion and the adoption of this item. I also want to say, as you know, as was stated earlier, this is a part of our efforts, through the Liberty City Trust, to do the 17th Avenue business corridor. Back in 2004, the Commission authorized the allocation for economic development as a part of the Martin Luther King initiative. We have been trying to move these monies to get projects happening, and for some reason, it's just been extremely difficult working with the County to move these projects. So the reason why we're making this adjustment is these businesses are there. I've had opportunity to visit Mother's Daycare. It is servicing a lot of the children and families in the area. With this expansion and the new houses that are coming in the area now, the families in the area will have a place to take their kids, so I just wanted to at least say congratulations and we will continue to work along with you to make sure that you remain successful. The only thing want to say to Leroy, with all the businesses that we are working with to do improvements of their buildings, I would like to also make sure that we provide, through CD, or we can work together, some sort of training program to better -- to just assist you with better operating your business from that perspective. There's a daycare program that I just went to visit in Broward County called Jack and Jill Learning Center, which is excellent. It's been around for a very long time. I'm going to have them touring all my daycare centers, andl definitely would love to have them come in to work and mentor and tutor you guys in whatever way that you may feel possible. So with that being said, congratulations. Chair Sanchez: All right. Mr. Ford: Thank you. Chair Sanchez: Leroy, it's -- your continuous support of this Commission is based on your track record -- Mr. Jones: Thank you. City ofMiami Page 32 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: -- that you're a doer. Mr. Jones: Thank you. Chair Sanchez: All right. So I praise you for that. All right. Thank you. PH.9 08-00226 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF FUNDS, IN THE Development AMOUNT OF $225,315, FROM THE ACCOUNTS LISTED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, INC., FOR THE EXTERIOR REHABILITATION OF FOR -PROFIT BUSINESSES SPECIFIED IN EXHIBIT "B," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-00226 Legislation.pdf 08-00226 Exhibit.pdf 08-00226 Exhibit2.pdf 08-00226 Exhibit3.pdf 08-00226 Exhibit4.pdf 08-00226 Exhibit5.pdf 08-00226 Exhibit6.pdf 08-00226 Exhibit7.pdf 08-00226 Exhibit8.pdf 08-00226 Exhibit9.pdf 08-00226 Exhibitl0.pdf 08-00226 Exhibitl l.pdf 08-00226 Exhibit12.pdf 08-00226 Exhibitl3.pdf 08-00226 Summary Form.pdf 08-00226 Public Notice.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-08-0123 Chair Sanchez: We move on to the next item, which is PH.9. It's also a resolution. Alfredo Duran (Assistant Director, Community Development): Yes. PH.9 is also a resolution authorizing the award of $225, 315 to Rafael Hernandez Economic Development Corporation. This is another economic development rehabilitation project for privately -owned businesses in the Little Haiti neighborhood, Northeast 59th Street and 2ndAvenue. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. It is a resolution. Commissioner Regalado: Second. City ofMiami Page 33 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: There's been a motion by the Vice Chair Spence -Jones, second by Commissioner Regalado. Before we open it up for discussion, it is a public hearing -- requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. The public hearing is closed, coming back to the Commission. There is a motion and a second. Any discussion on the item? Vice Chair Spence -Jones: Yes. Chair Sanchez: Discussion. Vice Chair Spence -Jones: Well, actually, let's just go ahead and vote, and then I'll make a statement. Go ahead and vote, and then I'll make a -- Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, it was a resolution on PH.9. Commissioner Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Once again, I want to thank Rafael Hernandez, which is one of my CBOs (Community -Based Organizations) in the Wynwood area that's stepping in to assist organizations in Little Haiti. As you know, we're making this huge investment, the City, with Little Haiti Park, about $30 million with the cultural complex and the park. One of my main concerns with Northeast 2ndAvenue is we're going to have this beautiful park sitting on the corridor and many of the businesses surrounding it, they're suffering, so I'm glad to see that we're actually being able to work along with CD (Community Development). These buildings are actually attached to the cultural complex in Little Haiti, so the whole block -- I call this my super block -- will at least have a facelift, along with the Northeast 2ndAvenue roadway improvement project, so I just want to basically say thatl think it's really important that we continue to work along with these organizations to better improve the communities in those areas. Chair Sanchez: All right. PH.10. Pedro G. Hernandez (City Manager): It was withdrawn. Chair Sanchez: It was withdrawn. PH.10 08-00218 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, TWO (2) CITY OF MIAMI OWNED PARCELS OF LAND, LOCATED AT 6200 NORTHWEST 17 AVENUE AND 6201 NORTHWEST 17 AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, DIRECTLY TO CARRFOUR SUPPORTIVE HOUSING, INC., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT(S), IN THE ATTACHED FORM(S), WITH SAID ENTITY FOR SAID PURPOSE. City ofMiami Page 34 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00218 Legislation.pdf 08-00218 Exhibit.pdf 08-00218 Exhibit2.pdf 08-00218 Summary Form.pdf 08-00218 Public Notice.pdf 08-00218 Memo.pdf 08-00218 Summary.pdf 08-00218 Evaluation.pdf 08-00218 Receipt.pdf 08-00218 Evaluation2.pdf 08-00218 Receipt2.pdf 08-00218 Evaluation3.pdf 08-00218 Receipt3.pdf 08-00218 Summary2.pdf 08-00218 Evaluation4.pdf 08-00218 Receipt4.pdf 08-00218 Evaluation5.pdf 08-00218 Receipt5.pdf 08-00218 Evaluation6.pdf 08-00218 Receipt6.pdf 08-00218 Summary3.pdf 08-00218 Evaluation7.pdf 08-00218 Receipt7.pdf 08-00218 Evaluation8.pdf 08-00218 Receipt8.pdf 08-00218 Evaluation9.pdf 08-00218 Receipt9.pdf 08-00218 Webpage.pdf 08-00218 Webpage2.pdf WITHDRAWN City ofMiami Page 35 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 SR.1 07-01449 ORDINANCE City Manager's Office ORDINANCES - SECOND READING Second 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 FR/SR.pdf 07-01449 Summary Form FR/SR.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, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez 12976 Chair Sanchez: All right. 10: 30. It is not 10: 30 yet, so we cannot take up the public hearings on the Community Development, so we'll get back to that. All right. Let's take up SR.1. SR.1 is an ordinance on second reading. This is the ordinance that amends -- entitled "Administration/Board [sic], Committee [sic], Commission [sic]/City ofMiami Arts and Entertainment Council." Okay. It is an ordinance on second reading. Is there anyone from the Administration who would like to speak on this ordinance? Pedro G. Hernandez (City Manager): Commissioner, the membership of this board is 11 members, and one of the proposed changes is to reduce the Chair appointments from two to one and to increase the Mayor appointments from five to six. And there is also a proposed change to the quorum in order to have a majority, to five. Commissioner Regalado: Mr. Chairman. Chair Sanchez: We need a motion or a second for the purpose of discussion. Is there a -- Commissioner Gonzalez: All right. Chair Sanchez: -- motion? Commissioner Gonzalez: I'll move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff. I'll second for discussion. Chair Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Commissioner Regalado, you're recognized for the purpose of discussion. Commissioner Regalado: Thank you, Mr. Chairman. While I think it's important that we address the quorum in all the boards, it's paramount that they can meet without problem as frequently as they can, andl don't have the -- any issue with the change of appointment. However, I was looking and understand that one of the issues is to take out the issues of the museums, and when I asked the Administration, they said -- and the City Attorney's Office -- that City ofMiami Page 36 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 the reason that museums should not be discussed in the Arts and Entertainment Council is that it has never been discussed. But now that the City is about to partner with the County and museums, I see a contradiction in getting the issues of the museum off the Art [sic] and Entertainment Council. Museums are a major component of the arts, and now that we have museums, the Arts and Entertainment Council cannot discuss museums? It doesn't make sense to me, so I would ask the City Attorney to amend the ordinance and bring back the museums issue, and as a matter of fact, that the museum should be discussed as part of the arts and entertainment of the protocol of this board, so that's basically an amendment that I'm trying to bring to this board. Chair Sanchez: Could you elaborate a little bit on that? Robert Parente (Director): Absolutely. Thank you, Mr. Chair, Commissioners. Good morning. Robert Parente, Mayor's Office of Film and Cultural Affairs. Commissioner Regalado, all that was done in striking item "G"from the list that was created in 2002 is -- the language is "establishing a Miami art museum and such branches as necessary." When that was written, Museum Park wasn't on the drawing board, none of that was happening, so by striking "establishing a Miami art museum," I just wanted to -- we wanted to see that this ordinance that has the board not be off creating -- or thought to be creating another art museum, but discussion of and involvement with, absolutely still on the table and very much part of our work. We work with the -- Commissioner Regalado: No, but I really don't understand. I really don't understand the fear of -- the Art Council cannot create a museum. Mr. Parente: True. Well, and that's why -- Commissioner Regalado: So I mean, you know -- Mr. Parente: -- the language in there was -- Commissioner Regalado: -- well, I will say to you, I think that we should say it is the duty of the Arts and Entertainment Council to discuss and approve and recommend to the City Commission all the issues relating to museums in the City ofMiami. Mr. Parente: I mean, that's -- Commissioner Regalado: I mean, you know, why not have the art and entertainment volunteers get involved in museum? That, I don't understand. Mr. Parente: Well, Commissioner, you're absolutely right. We -- that's part of our work already. It's not expressly stated as such, but we assume that to be one of our responsibilities now. But item "G" specifically said "establishing a Miami art museum and such branches; " was such a specific direction that's no longer necessary, we -- I just felt that we should clean that up 'cause that was created in the very early days of this Arts and Entertainment Council formation and is no longer needed, the establishing of a Miami art museum. But what you're asking us to do, if you would like specific language to that, absolutely fine. We already do that. That's already our mission statement to do that. Commissioner Regalado: Yeah. I would really like that to be included, if possible. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. Well, maybe I'm not understanding your mission statement. I mean, you -- this board is, I think, going to be a reasonably popular board. If we pass the murals City ofMiami Page 37 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 ordinance, it's going to be a well funded board. What is your mission statement? Mr. Parente: We are the eyes and ears of this Commission and the Mayor in regards to those things that fall under the heading arts and entertainment. Each of you have an appointee. I encourage your appointees to try to meet with you monthly to find out what the issues are in your districts. That doesn't always happen, but we try, but through that council, the issues pertaining to arts and entertainment in this City are discussed, brought -- just like the Waterfront Board discusses those things pertaining to the waterfront, that's what the Arts and Entertainment Council's mission is to this body and to its citizens, to bring it together and have those issues aired. We meet monthly, and then subcommittees meet, as determined by the Chair, on a regular basis. Commissioner Sarnoff. And have you had difficulty getting quorums? Mr. Parente: On occasion, we have. Commissioner Sarnoff.. And -- Mr. Parente: It's getting better. We've really ramped up, talking to our members and telling them that attendance is mandatory, and we're doing much better at getting quorum. Commissioner Sarnoff.. So if that's the case, why are we changing quorum? Mr. Parente: Well, so that the times we didn't have -- you know, our quorum requirements are -- were much -- more stringent than most boards in the City. Most of them -- some of them, three people can come and it makes a quorum. I understood your disapproval of that; we changed it to five. If you would like to make it seven, as it is now, and keep it at seven, so be it. We'll get the members to show up, but a lot of the City boards, the quorum requirements are much less stringent than ours. Commissioner Sarnoff.. Do you foresee this as being a more popular board now that it has a funding source? Mr. Parente: Of course when there's money attached to any board and the ability to grant -- to give out grants and things like that, obviously, I think people are going to pay attention. Commissioner Regalado: And that was the purpose of that board since the beginning, to be able to facilitate grants to, you know, aspiring companies, ballet or, you know, sponsor any events that need sponsorship so we can reach out to all the communities so they can participate in the arts, so this is why now that park museum is apparently on its way, it should be the main focus of the agency because, I mean, they have been fighting. Andl have followed that board. That board has met more times than any other board. I mean, they -- rarely, I think that there is no quorum that I remember. But I, you know -- 'cause I know of the appointee that I have. As you know, he meets with you and communicates and attend that. So Madam City Attorney, how can we incorporate in the language as mandatory the discussion of the -- all the museums in that board? Maria J. Chiaro (Interim City Attorney): We can just substitute the language that is stricken in "G" to be more directing in terms of the activities of the museums. Mr. Parente can give me a word, or you can, to coordinate with City events, all activities and programs at the museums. If you wish to -- Chair Sanchez: All right. Ms. Chiaro: -- have general language such as that substitute for the establishment language City ofMiami Page 38 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 that's currently there. Chair Sanchez: Okay. Hold on 'cause I'm trying to get an understanding of where we're at right here, okay? The ordinance that's in front of us is just basically changing the quorum. Mr. Parente: No. Mostly, Commissioner, as you remember, the issue was the Chair had two appointments -- Chair Sanchez: The Chair has been affected. I give up two memberships -- I give up one, which is fine -- Mr. Parente: Right. Chair Sanchez: -- 'cause the Chair changes every year, so -- Mr. Parente: Right. Chair Sanchez: -- I'm okay with that. Mr. Parente: That was the main thrust of this -- Chair Sanchez: But I got to get some order here. The -- there's been a motion and a second on this ordinance. What need to know is if the maker of the motion accepts that amendment, which I don't understand the amendment yet. But let me tell you what -- the little that I understand that Commissioner Regalado has said. I don't have a problem with the -- this board making recommendations or discussing items pertaining to the arts museum, but I'll tell you this much. We should be here to do away with bureaucracy instead of creating bureaucracy. And if it becomes where the museums has to come in front of this board to bring an exhibit or a program, I think we'll be doing a horrible injustice to the museums 'cause all we're creating is just another layer of bureaucracy where we have an opportunity to politicize it, and that's something that we don't want to do because I feel that art should not be based on politics, nor should it be censored. So if it's got anything to do to have the museums come in front of this board to request permission to bring an exhibit or anything, I want nothing to do with that. So as it is, I support this ordinance as it is. So -- but the language -- does the maker of the motion accept the language, which was to create language where this board will have -- make recommendations and suggestions -- and is it the intent to have the museums come in front of this board? Is that your intent? Commissioner Regalado: No, not at all. The -- actually, nor the board, nor the City has the authority because, number one, the museums belongs to the County, and number two, the building of the museums are -- will be owned by the Trust of the Miami Art Museum and the Miami Science Museum, so there is no authority that the City -- not even the City Commission has the authority -- not even the County Commission has the authority now to approve an exhibit or show. These museum have -- they're independent. They have their own trust and they do. What I was saying is that since the museums are going to be in the process of being built for several years, the Arts and Entertainment Council can and should discuss the way the museums are going and support any and all event that could in turn raise funds for the Trust of the museum. Use the sites of the future museums to organize events in support of the museums; partner with the Museum of Science and the City ofMiami to do clinics, say, on a Saturday, to bring kids to show the future plans of the museums. In no way -- nor the County Commission has authority, not the City Commission has authority to approve or disapprove any exhibit because no government in the United States has authority over any -- actually, that's first amendment, and no one wants to deal with that. What I'm saying is that we should partner. I mean, the City is going all the way in supporting Park Museum, and the City ofMiami has an entity that could discuss and recommend and be proactive in promoting, in studying, in partnering with the City ofMiami Page 39 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 museums, and it should be like that. If you all don't want to do it, fine. You know what? The Cultural Affairs of Miami -Dade County will take care of that, and they will do what they think is best to partner with the art museum, to do the same events in the City ofMiami but with the County's ideas and with the County's authority. If you want to pass to the County the lead on the culture of the City ofMiami, fine. You know, we could just stand on the sidelines and just attend a meeting that the County Cultural office -- which, by the way, is really well funded, as you know -- organize. So it's either we would like to do it, we will try to do it, or just let the County. That's the decision we need to make today. That's all that there is to it. That -- I mean, that's all that it's about the museums item in the arts and cultural center. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Before you do -- Mr. Director, just one question for you. Mr. Parente: Sure. Chair Sanchez: Couldn't you accomplish that under the current ordinance you have? Mr. Parente: I believe so -- Chair Sanchez: You can. Mr. Parente: -- Mr. Chair 'cause it said -- Chair Sanchez: Nothing prohibits you from doing exactly what Commissioner Regalado said. Mr. Parente: Article I, it says to serve in advisory capacity and make recommendations and guide the Mayor and City Commission and City Manager regarding endorsement of all specific art, entertainment, special events, performance and productions. And Commissioner Regalado, I completely agree that we shouldn't acquiesce to anybody. I make it a point to attend every month the County Cultural Affairs meetings. I'm always there, and if I'm not there, one of my staff goes. So I don't see -- you know, we don't take a backseat. We are very actively involved, and through your appointee, any specific issues or general issues you want brought to the board, I'd be happy to meet with you and him on a monthly basis because we are involved in these things, andl agree with you; we shouldn't be letting anybody else run our ship, and we don't. And we -- Commissioner Sarnoff. Well -- Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. -- let me, as -- I guess you made the motion, and I'm the seconder. I'm going to accept Commissioner Regalado's amendment and -- Chair Sanchez: Well, before you do that, I think the maker of the motion needs to accept it. Do you accept it? Commissioner Gonzalez: Yeah, I'll accept the amendment. Chair Sanchez: Okay. Commissioner Sarnoff. Let me tell you why -- or my experience why I think Commissioner Regalado's right, and he's put a very good legislative his -- intent behind this. The County is sort of the de facto in charge of the Coconut Grove Playhouse, and that has sat dormant for three years. And while they're making little baby steps and incremental -- well, I don't even know ifI City ofMiami Page 40 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 can give them that credit. They're in charge, and they have the $20.5 million bond that can someday resurrect the Playhouse. The City seems almost impotent in what we can do for that Playhouse, and it sits dormant and it sits closed, and Coconut Grove suffers. And it's time for us to have a cultural and arts entertainment board that is well funded; that can at least do what we need to do in the City ofMiami for our venues, andl happen to agree with you. And -- Commissioner Regalado: Makes sense. Commissioner Sarnoff. -- to take -- I agree with him -- second seat to the County, they will do what they find important, and what they don't find important, the lights are off the doors are closed, and graffiti grows on the building. So I agree with Commissioner Regalado on this. I'm Commissioner Sarnoff. All right. The motion -- the maker of the motion and the second has accepted it, the amendment. Commissioner -- Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Thank you, Mr. Chairman. My only comments regarding the issue -- andl support the changes on it, so whatever you need to do to get the board moving and things happening, I support that 100 percent. Mr. Parente: Thank you, Commissioner. Vice Chair Spence -Jones: As you know, and probably some of the board members know, I was very much involved in the creation of the -- of this particular board -- Mr. Parente: Absolutely. Vice Chair Spence -Jones: -- and -- as a staffer. My only concern with, you know, as we move ahead with the board now, is the board's ability to really reach out into the community, andl know that I'm hearing -- sitting on the dais, I'm hearing that one of the issues has been not having the resources to fund to local community -based organizations to do art -based programs, but -- and I'm sure that once we get the monies from the mural, we'll be able to do more, butl think that there's things that the board could be actively doing that does not really cost any money. That board itself has great resources already on the board that could provide support services or lend their services to our existing City -based programs in our parks. The board could be also sponsoring, or at least bringing legislation in front of the City Commission to push key issues that really affect artists in the area. As you know, I've created in my district an artist panel, and the whole purpose of the artist panel was to really empower the artists living in my district so that they could participate in existing programs. And I've been doing that without absolutely no monies, so -- and the only reason I'm doing it because there is -- is because there is a shortfall with the board or the board has not really actively been involved in doing those type of things. I'm hoping that now that we do have a new chairman, Mr. Goldman, my concern would be to really make sure that if we're going to have these boards that are sitting and supposed to be providing services to the residents, that something actually happens and gets done. As Commissioner Sarnoff mentioned, you know, it's extremely difficult to, you know, work with the County and the Cultural Affairs office at times to even support our existing venues that are in our City. He mentioned the Coconut Grove Playhouse, which has been struggling for many years. I'm going to mention the Lyric -- Mr. Parente: Lyric. Vice Chair Spence -Jones: -- Theater, and now we have a new facility where we spent about $30 million in Little Haiti to put a cultural complex there, which we're going to have the same type of issues. I'm hoping that our board will focus on -- it's great, Museum Park and museums that are City ofMiami Page 41 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 -- you know, but these buildings and organizations that have the ability to get resources to run their programs -- Commissioner Gonzalez: Right. Vice Chair Spence -Jones: -- but when we start talking about Lyric Theater or we start talking about Little Haiti, those are the -- that's where I would like to see the major focus of this board is the areas that -- or the -- or even Jose Marti -- not Jose Marti. What's your theater in --? Chair Sanchez: Jose Marti -- oh, Artime. Vice Chair Spence -Jones: Artime. I would want to see the board focusing their energies on areas that are just not getting that kind of attention, not the things that are like huge, big projects in the City ofMiami and now everybody wants to jump on board. So that would be my only recommendation. I support the changes on this ordinance, so that -- I just wanted to make sure I said that to you. Mr. Parente: Commissioner, I hear you. I'm proud to say that there was -- my office was able to arrange for a donation of 16Purvis Young paintings to the Lyric. Ms. Williams is incredibly dynamic and wonderful to work with. We have spoken to Marvin about doing a spoken word event that he wants to do, so -- but you're absolutely right. I think Museum Park has a momentum and a huge cadre of people behind it. We certainly have to be involved, but it's the neighborhood things that are very, very -- Vice Chair Spence -Jones: It's the most important thing for us -- Mr. Parente: -- very critical. Vice Chair Spence -Jones: -- at least. Mr. Parente: I agree, Commissioner, completely. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Commissioner Regalado: Mr. Chairman, ifI may, just a point about your counterpart in the County and what Commissioner Sarnoff said and what the Vice Chair just said. I got the minutes of the last two meetings of the County cultural agency, and I'm sure that you were there. Eighty percent of all the discussion was about the Performing Arts Center in the south, which, as you know, it's delay, over budget, and they are really into that. So they have not discussed anything else within the City ofMiami, which, by the way, is the core of the cultural -- of all the cultural events, the Gusman, the Performing Arts, you know. Most of the cultural activities in Miami -Dade County are held in the City ofMiami, and yet, that board has been focusing on the one in Naranja, you know, the little elephant -- Mr. Parente: South Dade Cultural Center. Commissioner Regalado: -- that they're building there, which is over budget, so it is important - Commissioner Gonzalez: Is that elephant the son of the elephant downtown or --? Commissioner Regalado: No. That's the brother. City ofMiami Page 42 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Are they related? Mr. Parente: The baby brother. Commissioner Regalado: They're related. That's the brother. Commissioner Gonzalez: Okay. Commissioner Regalado: The little brother. But I'm telling you, I know -- I'm sure that you were there, but was surprised to see that their focus is only on that. Mr. Parente: Commissioner, just to clam it for you, that particular meeting, that's true, but that -- South Dade Center rarely dominates their meetings. It happened to be the focus because it was a staff report giving them an update as to where they were being, as you said, over budget and not on time -- Chair Sanchez: All right. Mr. Parente: -- but it's not a major focus of their work. Commissioner Regalado: Well, I'm just saying -- Mr. Parente: And you know, Michael Spring is considered one of the best of his class in the country, and yeah, we have to go in there and remind them that Miami's here. I have -- I say something that I don't know if Michael agrees with me on because people come to us and say, well, how come the City doesn't give as much money away as the County? And remind them that the money that the County is giving out came from our citizens. Commissioner Regalado: It's ours. Mr. Parente: It's ours. Commissioner Regalado: It's ours. Mr. Parente: And don't want to get into a percentage thing with them and say, well, "X" percent of your ad valorem collections comes -- but we remind them, don't forget -- I remind art organizations all the time the money that's given out by the County has come, a large part, from our citizens, and that's our money that's being given away too. Chair Sanchez: All right. Mr. Parente: So -- Chair Sanchez: No further discussion. Just for the point of clarification, Madam Attorney, could you just read the amendment into the record so I could get a better understanding on it? Ms. Chiaro: Yes. I understand the amendment to be a substitution for the struck language in Section 2-1141(2) (g), coordinating activities with programs and support of museums located within the City ofMiami. Commissioner Sarnoff. Mr. Maker, would you accept one more amendment? And that would be to leave the quorum in place. I suspect you're going to have a very active board, and think as many people should make decisions as possible. Commissioner Gonzalez: Yes, sir. I accept it. City ofMiami Page 43 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: All right. It's an ordinance. It's been amended with two amendments, and the maker of the motion accepts the amendment and second. Read the ordinance into the record, as amended, followed by a roll call. Madam Clerk. Priscilla A. Thompson (City Clerk): Your public hearing. Chair Sanchez: Oh, I apologize. Anyone from the public wishing to address this item? Linda Carroll: Yes, I do. Chair Sanchez: Please step forward and be recognized. I do apologize for not remembering to open up the public meeting. It is open for the record. Ms. Carroll: Thank you very much. Good morning, Commissioners. My name is Linda Carroll. My office is in Southeast -- the SunTrust building downtown, Southeast 3rdAvenue. I would suggest and request that you not make the changes that are being proposed here because I think you're going to create confusion, and quite possibly, even a turf war, andl agree with you, Commissioner Sanchez, that you don't need and want to have a lot of bureaucratic layers in here, but I think that's where you're going to be going what -- if you do make these changes. And if -- what I -- I would like to put in for the record here two documents, which I will explain. I'll just give -- do I give them to the -- Mr. Parente: City Clerk. Ms. Carroll: -- Clerk? All right. I'll explain them as (INAUDIBLE). Chair Sanchez: Okay. Hold on. Don't -- please, we got to make sure that every word you say is on the record, so once you walk away from the mike, we need you to come back and state your name for the record and continue so we could keep the proper records for the meetings. Ms. Carroll: I want to have those documents in the records, andl'll explain them now. As the present Code reads, the Miam -- this council is the one that is responsible -- in fact, I believe it's the only board or council that had any, by definition, power, if you wish, subject, of course, to the Commission, over creation of an art museum, the operation, or however you want to describe it, influences the -- in the community with regard to the arts. The document that I just put into the record, however, is a document that I got in January. The first document, the smaller of the two, is a memorandum from the County Manager to the County Commissioners discussing the second document, which is a memorandum of understanding, and these two documents combined, it appears, somehow or other, that the Sports Authority ofMiami thinks it's in the museum business. And I've checked, andl haven't been able to find any minutes of any Sports Authority meeting in which the Sports Authority thought it was in the business of museums. But according to the memorandum and the discussion of these documents that's in the record here, the Sports Authority is going to be a signatory to an agreement between the City, the museum, and the County to essentially lease -- the City will be leasing part of Museum Park land, but it won't be leasing it to the museums, the not -for -profit entities; it's going to be leasing it to the Sports Authority. And now, Commissioner Sanchez, I think you're right. If you just put, all of a sudden, another board in there, who's going to have responsibility or jurisdiction? Why is the Sports Authority all of a sudden injecting itself into some type of a lease? Commissioner Regalado: IfI may, just, Mr. Chairman, to respond. Chair Sanchez: The Chair -- the question has been asked through the Chair. Commissioner Regalado, you're recognized -- City ofMiami Page 44 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: Yes. Chair Sanchez: -- for responding to the question. Commissioner Regalado: Thank you very much, Mr. Chairman. I have attended all the meetings, never failed one single meeting ofMiami Sports and Exhibition Authority. I have been appointed by this Commission as the vice chair. Three members of the City Commission are sitting board members of the Miami Sports and Exhibition Authority. Never ever we have discussed anything about having MSEA (Miami Sports and Exhibition Authority) being the owner of the site for the museums. It has never ever been discussed, never has been approved. Actually, MSEA only meets three times a year. The last meeting was about other issues, a project, water park project in Watson Island. Never ever there's been a discussion of any museums regarding MSEA, so I think that the County Manager or whatever the County has done, they are wrong. They don't -- MSEA has never approved -- or MSEA has never received or participated in anything related to the museums in Bicentennial Park, so that's my recollection. So the manager in the County is wrong in saying that MSEA is leasing. They don't know what they're talking about. MSEA has never discussed that item, nor has been approved. Ms. Carroll: It's for that reason then -- it may be a housekeeping item, an appearance because you have -- because the museum is the museum, but to delete it now, even with the amendment that Commissioner Regalado has proposed, I think is going to create confusion that doesn't exist now. Andl think it's unnecessary, and the last thing you want is -- you just said, Commissioner Sanchez, is confusion or more layers of bureaucracy, so I would respectfully suggest that you not approve the amendment, and in fact, you vote against the amendment and leave it the way it is because it is working. Just like the old expression, why try to fix something that's not broken. Chair Sanchez: Thank you. Anyone else from the public wishing to address this item? I do apologize for not opening up the public meeting. For the record, it was open. We had one speaker, and the public hearing has been closed, coming back to the Commission. No further discussion. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Chair Sanchez: All right. Roll call. Ms. Thompson: Roll call. Chair Sanchez: As amended, with two amendments. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. City ofMiami Page 45 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 SR.2 07-01548 Department of Public Works Ms. Thompson: Chairman Sanchez? Chair Sanchez: No. Ms. Thompson: Then the ordinance has been adopted on second reading, 4/1. Chair Sanchez: All right. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 FR/SR.pdf 07-01548 Summary Form FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones 12977 Chair Sanchez: All right. SR.2. Stephanie Grindell: Stephanie Grindell, director of Public Works. If you recall in July of 2001, the Florida Legislature passed the Consumer Choice Act. The Commission meeting -- last Commission meeting ofJune, the City changed some of our right-of-way ordinances in preparation for that change. This ordinance change is a housekeeping item to get rid of inconsistencies that were created when we did the change in June. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Before we open it up for a discussion, it's an ordinance, second reading. 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 a discussion on SR. 2. No further discussion on the ordinance. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. City ofMiami Page 46 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3/0. City ofMiami Page 47 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 ORDINANCES - FIRST READING FR.1 07-01555 ORDINANCE First Reading Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Development 37, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Authority ENTITLED "OFFENSES -MISCELLANEOUS," BY ADDING A NEW SECTION 37-8, ENTITLED "PANHANDLING PROHIBITED IN CERTAIN AREAS;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01555 Legislation.pdf 07-01555 Cover Memo.pdf 07-01555 Pre-Legislation.pdf 07-01555 Map.pdf 07-01555 Ordinance Description.pdf CONTINUED FR.2 08-00228 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE Public Works COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00228 Legislation.pdf 08-00228 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones Chair Sanchez: All right. FR.1 has been continued to the next regular Commission meeting. FR.2 is an ordinance on first reading. This ordinance is from the Department of Public Works sunsetting the committee of beautification and environmental [sic]. All right. Is there a motion? Commissioner Gonzalez: I'll move -- Commissioner Sarnoff. So move. Commissioner Gonzalez: -- that. Chair Sanchez: These are some of the committees that we need to start sunsetting, and hopefully, we'll have more in the next Commission meetings. Commissioner Sarnoff. Second. Chair Sanchez: All right. There's a motion by Gonzalez, second by Sarnoff. It is an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. The ordinance is on first reading. The public hearing is open and closed; coming back to the Commission. Read the ordinance into the record, followed by a roll call, Madam Attorney. City ofMiami Page 48 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted [sic] on first reading, 3/0. FR.3 08-00229 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/NAMING OF STREETS AND NUMBERING OF BUILDINGS," MORE PARTICULARLY BY REPEALING SECTION 54-140, ENTITLED, "STREET CODESIGNATION REVIEW COMMITTEE," THEREBY SUNSETTING THE MIAMI STREET CODESIGNATION REVIEW COMMITTEE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00229 Legislation.pdf 08-00229 Summary Form.pdf 08-00229 Sec. 54-137.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: All right. FR.2 [sic] is an ordinance on first reading. It's also sunsetting a board, the Miami Streets Codesignation Review Committee. Is there a motion? Commissioner Gonzalez: I'll move it. Chair Sanchez: Motion by Commissioner Gonzalez, second by Commissioner Sarnoff. It is an ordinance on first reading. Anyone from the public wishing to address this item? The public hearing is open. Commissioner Gonzalez: It's FR.3 instead of FR.2. Chair Sanchez: I'm sorry. For the record, FR.2 [sic]. Public hearing is open. Commissioner Sarnoff. FR. 3. Chair Sanchez: Public hearing is closed. Commissioner Sarnoff. FR (First Reading) -- Chair Sanchez: This is FR.2 -- 3. Commissioner Gonzalez: No, FR.3. 3. Chair Sanchez: FR.3. All right. We got it. FR.3, ordinance on first reading. All right. It comes back to the Commission. There's a motion and a second. Any discussion on this? This is FR.3, okay. All right. No further discussion on the item. Madam Attorney, read the ordinance City ofMiami Page 49 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 FR.4 08-00240 Department of Community Development into the record, followed by a roll call. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Chair Sanchez: All right. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, ABOLISHING THE LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD, MORE PARTICULARLY BY REPEALING IN THEIR ENTIRETY CHAPTER 12.5/ ARTICLE I/ DIVISION 3, ENTITLED "LITTLE HAVANA HOMEOWNERSHIP ADVISORY BOARD," SECTIONS 12.5-56 THROUGH 12.5-65, OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CODE") AND BY AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2/ ENTITLED "STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," SECTION 2-892(4)(J), OF THE CODE, ALL AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00240 Legislation.pdf 08-00240 Summary Form.pdf 08-00240 Ordinance.pdf 08-00240 Resolution.pdf 08-00240 Program Policy.pdf 08-00240 Annual Report.pdf 08-00240 Abolition of Board.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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: FR (First Reading) -- Commissioner Gonzalez: 4. Chair Sanchez: -- 4. It's also sunsetting the -- well, it's not sunsetting, it's abolishing the Little Havana Homeownership Advisory Board. Okay. Could you just state something on the record on that? George Mensah: George Mensah, assistant director of Department of Community Development. This is an ordinance to abolish the Little Havana Advisory -- Homeownership Advisory Board, more particularly by repealing the entirety of Chapter 12.5, Article I, Division 3, entitled "Little Havana Homeownership Advisory Board" Basically, they have completed their work, to the satisfaction of the Commission, I hope, and we're just here to abolish it. Commissioner Gonzalez: All right. Chair Sanchez: Okay. City ofMiami Page 50 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 FR.5 07-01371A District 5- Vice Chair Michelle Spence -Jones Commissioner Gonzalez: I move the -- FR.4. Chair Sanchez: There's a motion, a second. Commissioner Sarnoff. Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. The public meeting is open. Seeing no one, the public hearing is closed, coming back to the Commission. Let me just take a moment on this board. I realize that after this board, the responsibility of that falls in Commissioner Gonzalez, which will create a similar board. Let me just give you a little history about this board. This board did a tremendous job -- the greatest -- and it's got many accomplishment. One of the accomplishment I'm very proud of that this group never spent a penny on salary or any other overhead. It took $7 million, which was given by the federal government, allocated to an area where all the studies showed that it had the lowest percentage of home ownership. It took that money, it partnered up with the private sector, the development -- the developers, and it accomplished getting a lot of people who, if they had not had that assistance from the first-time buyer program, from the City, would have never accomplished the American Dream. I can't say enough to thank the various individuals who served voluntarily on that board, people who took time away from their family and their business and came to those meetings and sat down and interviewed developers who came in to partnering up. At the end, there was a million dollar [sic] left over from that allocation. That money was put towards down payment assistant [sic] program that is counting on Community Development to distribute rapidly to get people that are on that program to get them moved into their apartments. It's not houses, folks. You know, it's apartments. It's just the way -- it's hard to be able to purchase anybody nowadays to buy a home anywhere, but still, they're able to purchase condominiums, whether it's a one -bedroom, two -bedroom, and at times, even three -bedroom, so I just think that this was a great program for the City. I thank Community Development. I thank my staff and all those who labored so hard to get this done. It's being sunsetted. It did its job, and it's something thatl am very proud of so I just wanted to state that for the record. All right. We need to vote on it. Madam Attorney, could you read the ordinance into the record on the -- abolishing the Little Havana Homeownership Advisory Board, followed by a roll call. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. 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. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER- --, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "---," TO CREATE A NEW SECTION ENTITLED "NAMING RIGHTS," TO ESTABLISH UNIFORM CITY OF MIAMI ("CITY") POLICIES FOR THE DESIGNATION AND NAMING OF CERTAIN BUILDINGS IN REGIONAL PARKS WITHIN THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. (ADVERTISING DEADLINE: 3/28/08 BY NOON) City ofMiami Page 51 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 07-01371a Legislation.pdf 07-01371 A-Submittal-Arti cl e. pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the City Manager to instruct the Parks Director to consult with the communities in the areas surrounding the regional parks regarding companies interested in the naming rights of said parks located in the individual communities. Chair Sanchez: FR.5 is an ordinance on first reading, naming rights to establish uniform City of Miami City policies for the designation and naming of certain buildings and regional parks -- in regional parks within the City. Who will be speaking on this item? This is -- Vice Chair Spence -Jones has pushed this item. Who will be speak on this item from the Administration, Mr. City Manager? Pedro G. Hernandez (City Manager): It will be the Parks Director. Chair Sanchez: All right. Mr. Hernandez: Mr. Burkeen. Chair Sanchez: We'll be easy on you today. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is the ordinance to establish naming rights for various facilities within the parks. Chair Sanchez: Commissioner -- Vice Chair Spence -Jones: Thank you, Ernest. Chair Sanchez: Well, can we get a --? Let's get a motion and a second on it before we discuss it. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion by the Vice Chair. Is there a second? Commissioner Gonzalez: Second for the purpose of discussion. Chair Sanchez: Second by Commissioner Gonzalez for the purpose of discussion. Commissioner -- Vice Chair Spence -Jones. Vice Chair Spence -Jones: Actually, I'd like Commissioner -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- Gonzalez -- Chair Sanchez: The Vice Chair yields to Commissioner Gonzalez. You're recognized for the record. Commissioner Gonzalez: Well, I -- you know, this is something that we're trying to introduce into the Code, andl would like to -- I haven't been really briefed that much on it, andl would like to know what -- you know, what are we trying to do? What's --? City ofMiami Page 52 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: I can speak to it. Commissioner Gonzalez: Okay. Vice Chair Spence -Jones: As you know, this is an ordinance that I brought back in July, and one of the main purposes for this ordinance -- as you know, we -- myself you, and especially Commissioner Sanchez have three great parks that are actually going up in our districts, and as we have seen sitting in City government right now with the lack of resources that are available for programming, for maintenance and all of those other things that are now being reduced through the parks and through City government, I thought that it was really important that we introduce an ordinance to allow for us to have the ability to raise monies to assist us with those items. So, basically, this is a naming right ordinance to allow for your park, for instance, if that building -- if you'd like, I don't know, whatever company that, you know, has an interest in naming that particular building that you have at Grapeland, they would have the ability to sponsor that building, and those dollars would go into a special revenue account or fund for your park. My biggest concern is a lot of times we get monies in to the parks from grants and all other things, and a lot of times it's not focused a lot of times in our park, so -- Commissioner Gonzalez: In our park. Vice Chair Spence -Jones: -- Little Haiti -- you know, I have several different buildings that are happening with that, the galleries, the auditorium, the soccer stadium. I would like to have the opportunity to go to major corporations and say, hey, look, if you want this gallery to be named on behalf of your company or corporation, you can have it for the next four or five years, but you have to make a commitment to the children in that park to provide these "X" amount dollars to provide programming maintenance or whatever. So this is just an extra pot of money that would assist us in better serving our residents in those parks. Commissioner Gonzalez: All right. Chair Sanchez: All right. Any discussion on it? Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Yeah. Who'll decide the naming right? In other words, will this Commission do it? Will the Commissioner of the district do it? How does it occur? Vice Chair Spence -Jones: I -- do you -- does anybody -- you want to speak on it? Maria J. Chiaro (Interim City Attorney): The way the ordinance is set up is that there will be a committee to make a recommendation to the City Commission, but the ultimate contract will come back to the City Commission for approval. Commissioner Sarnoff. The only reason I bring that up is -- andl have copies for everybody here -- March 12, the New York Times did an article exactly on this issue, and I'll distribute it, and you'll see how there's some criticism lodged regarding -- unfortunately for this, it was Abercrombie & Fitch, where they named a trauma center and it apparently upset some people. So I just wanted to make everybody aware that think it's a good idea. I just think we should be a little bit careful about who we allow to have naming rights. Vice Chair Spence -Jones: Right. And as Madam City Attorney has stated before, that this would come definitely in front of the City Commission for our approval. At this point, we know that our children in our districts, especially in our particular communities, really need as much help as possible, so this provides us with an additional source of revenue to be able to provide support services to them and their families, so -- City ofMiami Page 53 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: And -- Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you. I think that more important is that we make sure that this is no Florida Lonely scenario; that this is to supplement that park, not to substitute. We -- Is that what the ordinance says? Vice Chair Spence -Jones: Yes. Chair Sanchez: Yes. It stays in that park. Commissioner Regalado: And -- Ms. Chiaro: It -- the language in the ordinance is all funds generated by naming rights agreements shall be allocated to programs in the regional parks where the facilities are located. No reduction in budgetary funding levels shall occur because of revenues generated by naming rights agreements. Commissioner Regalado: Okay, but suppose that we have another constitutional amendment on property taxes. All the departments are going to be affected. I mean, we all know that, so that money stays in that park at least to cover the normal operations. That's what -- that's the intent. The money stays in the same park, right? Mr. Hernandez: Commissioner, that's the intent. Commissioner Regalado: Forever. Mr. Hernandez: That's the intent, for the monies to remain in that park. But you were right that other funding going to that park may be impacted by budgetary issues beyond our control. But the intent is that this ordinance would be for the monies received to stay in that regional facility. Commissioner Regalado: Okay. Chair Sanchez: On the issue, I think this is a good -- Commissioner Gonzalez: But -- Chair Sanchez: I'll yield. Commissioner Gonzalez: I'm sorry. Chair Sanchez: Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: No. I was going to say that, you know, looking at -- in reality, if one park has the privilege of having extra money and we have another tax cut and another park doesn't have the same privilege, it's only fair that if we're going to be covered by these naming right, you now, financially, then we use some of the money assigned to this particular park to subsidize another park because, you know, all parks in the City -- within the City should be treated equally. So, you know, I think it's only fair. Now if we -- Commissioner Regalado: And that was my question. Commissioner Gonzalez: -- don't have any cuts, then I will oppose cutting funding assigned to a park because they're going to get extra money. City ofMiami Page 54 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: And l just want to addl think that we all have, except -- with the exception of our Chairman -- he only has two parks -- additional parks in our districts, outside of the big park, so if there is going to be some sort of cut, for whatever reason, then, of course, I'm hoping that those dollars stay within those districts, so I mean, you know, that's really what it's all about. The whole purpose of the ordinance is just to be able to give us an opportunity to raise monies to support our children in the parks. Chair Sanchez: The -- once again, as I stated, I think this is a great ordinance. We need to start thinking outside the box when it comes to the City being run as a business, where we need to generate funds when we can do it, and we cannot be dependent on state and federal support. But I think the issue here falls on whether individual versus corporate business sponsorship of naming of a rights. You know, there's a big difference if Charles Cutler wants to give a million dollars to name a park. Charles, you got a million dollars to name a park? He's not even listening. Mr. Burkeen: 'Cause he ain't got a million dollars. Chair Sanchez: You know, there's a big different if you, as an individual, want to name a facility and you want to donate a million dollars. It's your name. But corporate sponsorship is completely different Comfort [sic] sponsorship, if you really look at it through the marketing aspect of it, if Ford decides to name the Grapeland Park water theme park Ford Motor Company, well, they're going to want exclusivity to make sure that Dodge doesn't get -- Commissioner Gonzalez: Let me tell you. If it is Ford Motor, it is going to cost them. Vice Chair Spence -Jones: I know, right. Chair Sanchez: Well, that's good. I'm glad we're looking in that direction, but the issue comes here -- it's an issue of exclusivity, where you will have maybe Ford taking your park and then Dodge may want mine, but then, of course, the contract that you're going to write is going to make sure that no other automobile company or manufacturing company is going to be able to advertise, so those are the things that I think we need to be very aware as we start focusing on getting these companies to pick up the naming rights. That's one of the issues that I have. The other issue that was brought up was what Commissioner Sarnoff said, that this Commission should have the final say as to the naming of the facility, for the reason of protecting the integrity and protecting us from being, once again, just like this article, where it raises protests and it's damaging to our community. And there was another issue that I wanted to bring out. We should, through your department, through your leadership as the director of the park, you should be the one negotiating with these companies. 171 tell you one that I think would love to be a part of this would be Nike or Adida [sic] or any other footwear or sporting gear that are out there promoting their equipment and promoting -- and marketing their brand to partner up with the City, so I think we have a perfect opportunity -- at least the last time that I looked at it, I think there's four good facilities which I think will be able to attract corporate America to partner up with the City, allowing us an opportunity to partner up with the private sector to create revenues to supplement the parks, so I think it's a great idea. Those are the only concerns that I have. Mr. City Manager. Mr. Hernandez: Commissioner, Mr. Chairman, you touched upon it, the fact that this does not discourage a citywide sponsorship of a Nike, for example, that you mentioned that could sponsor programs at all City parks. It would be a citywide. I think that this is more focused on a specific facility at a regional park, but the citywide sponsorship is still something available that we can do. Nike, I understand, from talking to the director, normally would be involved in programming, right? City ofMiami Page 55 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Burkeen: Right. Mr. Hernandez: And you could have that approach for a citywide sponsorship of programming like a Nike, and you could still have specific buildings have a specific name within a regional park, and those are things that think that we need to further explore with the director of Parks and -- Chair Sanchez: The only thing that I ask you, Mr. Parks Director, is whatever you do, on the first negotiated name, don't sell yourself short because then I think the other ones that come behind may not be able to capitalize on -- it's all about value. It's -- everything has a value. Everything is perceived as a value, so -- but I think, once again, this is a good ordinance. Is that it? Vice Chair Spence -Jones: That's it. Chair Sanchez: All right. Commissioner Regalado: No. Chair Sanchez: It's -- Commissioner Regalado: Chairman. Chair Sanchez: Yes. Commissioner Regalado: Just a question. Chair Sanchez: Commissioner Regalado, you're recognized. Commissioner Regalado: Twice you said regional park. What is a regional park? Mr. Hernandez: I think that we do have a listing of them. Mr. Burkeen: In your -- Commissioner Regalado: Well, how do you determine a regional park? I'll tell you why. Bryan Park is a small park right in the middle of Shenandoah. It's not considered a regional park. However, it has a tennis program that children from Key Biscayne, Westchester, Allapattah, Brickell come to. Is that a regional park? Mr. Burkeen: Commissioner, you're looking at primarily two things; its size and its use. While Bryan Park gets a number of people to come from a program, which is a tennis program, they don't normally come there for any other reason except the tennis program. Commissioner Regalado: Exactly, and that was my point. How 'bout Adidas buying -- targeting the parents and the children of tennis sportswear and they want to sponsor and name the community center? That will not be allowed because they're not a regional park. Mr. Burkeen: They could sponsor programs. If they want to name the facility, I think it's simply a matter of coming before the City Commission to do that. Commissioner Regalado: Yeah, but that was my point. What is a regional park? And I'm just saying, I understand marketing, and I'm telling you what we're doing here is very easy money for one reason. Every January all the 500 Fortune companies that have foundations and divisions in public services and public relations, they assess grants and naming rights, and like say, City ofMiami Page 56 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Phillip Morris, you know, cigarettes, they do that; Ford, the Chairman mentioned. They go around the country and they assess naming rights and grants. They do that on a year cycle in January so they award the money in December of that same year, and there are companies that have scouts searching for target audiences. So if you have a hockey program in a miniscule park, they will be interest by hockey manufacturer to buy the naming rights of that park, and the same thing with tennis. So this is why I think it's wrong to decide what is a regional park by size. When you have pools, even if the park is small, there will be the possibility that sportswear would want to have the naming rights of that pool. Mr. Burkeen: Commissioner, the example that you used, Adidas -- Adidas is not going to be interested in the building. They're going to be interested in the program itself. Commissioner Regalado: Oh, how do you know that? Mr. Burkeen: Because that's what they do. They provide sportswear; shoes, shirts. And so they're interested in the program -- Commissioner Regalado: Mr. Director -- Mr. Burkeen: -- because they want to -- Commissioner Regalado: Excuse me -- Mr. Burkeen: Excuse me. Commissioner Regalado: -- Mr. Director. You know a lot of park -- about parks. I know a little about advertising, andl will tell you that having a permanent name on a facility that parents and children see twice a day is the standard protocol in advertising. Now, if you know something else, I'm sorry, but that's the way advertising world work. Mr. Burkeen: With all due respect, in the 30 years that I've been operating in parks and rec. and negotiating these kinds of things, Adidas, Nike comes to you, they're not interested in the building; they're interested in children advertising their wear. They'll give you shirts, shoes. They'll do floors. They'll do any number of things. It is the building that they're least interested in. It is -- Commissioner Regalado: So you're [sic] -- Mr. Burkeen: -- about people. Commissioner Regalado: -- been selling naming rights in the past? Mr. Burkeen: I've been selling sponsorships. Commissioner Regalado: No, no, naming rights. Mr. Burkeen: Sponsorships. Commissioner Regalado: Naming rights of buildings. Mr. Burkeen: It's very hard to get -- I haven't done any naming rights of -- Commissioner Regalado: Oh, okay. Mr. Burkeen: -- buildings. City ofMiami Page 57 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: No. I'm just -- no, because the Chairman told you to do it. I think you should, but naming rights is different than a sponsorship. Mr. Burkeen: Correct. Commissioner Regalado: You understand that, right? Mr. Burkeen: Yes. Commissioner Regalado: Okay. Vice Chair Spence -Jones: Mr. Chairman, can I just add on to this? I would be willing -- I mean, at the end of the day, I know that we passed prior legislation regarding regional parks, andl believe in that legislation it included Bayfront Park, Bicentennial Park, Melreese, Grapeland, Virginia Key Beach, Little Havana, Hadley, and Jose Marti. We did that a few months ago, so we all voted and supported these regional parks. I don't have an issue with opening it up to include naming rights for additional -- outside of regional parks, green spaces, or just regular parks, so I mean, that's -- Chair Sanchez: All right. Vice Chair Spence -Jones: I don't have an issue with that. Chair Sanchez: You don't have a problem, but we have a problem 'cause the maker of the motion is not here and he can't amend it. I don't have a problem either. I mean, we should start with the regional parks, and if any other parks so deem -- the executive -- the Parks Director could bring it to this Commission and we could vote on it. I mean, let's not throw out the baby with the bathwater on this one. All right. But we still need the maker of the motion to accept the amendment. Commissioner Regalado: I don't have a problem either in doing what you're saying we should do. Chair Sanchez: All right. Well, then let's -- could somebody just call the question on this one? All right. No further discussion. It's an ordinance. Hold on. I got to find -- where are we at? Priscilla A. Thompson (City Clerk): First -- Commissioner Sarnoff. FR. 5. Ms. Thompson: -- reading. Chair Sanchez: FR.5. Okay. FR.5 is an ordinance on first reading. We could always amend it on second reading. All right. Read the ordinance into the record, followed by a roll call. Ms. Thompson: Excuse me, Chair. Are you going to have a public hearing? Chair Sanchez: What is with me and the public hearings today? All right. I do apologize. FR (First Reading) -- that's why we have you here, Madam Clerk, to make sure that -- Ms. Thompson: Thank you. Chair Sanchez: -- we don't skip any public hearings. FR.5. It requires a public hearing. You've heard the discussion and the debate. Anyone from the public wishing to address this item? I City ofMiami Page 58 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 knew this debate was going to bring somebody up. Sir, you're -- Gene Tinnie: Good morning -- Chair Sanchez: -- recognized for the record. Mr. Tinnie: -- Mr. Chair, and -- Chair Sanchez: Good morning. Mr. Tinnie: -- Commissioners. My name is Gene Tinnie. I reside at 74 Northwest 51st Street, in the City ofMiami. I -- this issue, as you can tell, has lots of sides to it, and as a member of the Virginia Key Beach Park Trust, I can share with you that we've had very extensive discussion over the years of this. We all see the rationale for it, the wisdom of it, certainly, the wisdom as the ordinance is written of having a citywide policy. I would just want to share with you that we have brought forward all the concerns -- the -- you know, the slippery slope that this might get us on. Commissioner Regalado, you brought up the analogy of the Florida Lottery. That's just a very haunting and daunting prospect that we can't really lose site of. But what I'd like to share with you is that what really struck us mostly was that while we all recognize that -- you know, what's happening with public spaces, public parks, that the private sector is becoming more and more of a necessary player as, you know, funding is reduced and so forth, we do have a concern that buildings, for example, be -- if they're going to be named, they ought to really be named in honor of people, local national heroes. I think we just want to be aware of how we go about it when we invite corporations. At Virginia Key Beach, we have a carousel. We've got a museum coming. We've got a mini train and so forth, and these are the like classic things that can be thrown open to naming rights, but our feeling has really been that this -- that park, in particular, has such a history of people who heroically struggled to make that happen, going all the way back to 1945, that if there are corporations that would like to come in and be generous sponsors, they should be duly recognized in a very appropriate and dignified way, but that the names should not go on the building. We -- in other words, to have the carousel where everybody who goes to the park has to see that this is named after some corporation just seems that it's not really in the spirit of the -- you know what the whole park is about, the whole -- and l just wanted to really second all of the concerns that were brought up, including the wisdom of bringing this whole issue up in the first place 'cause we do need to do that. Chair Sanchez: You have a valid concern, and you know, we're -- the final vote's going to be this Commission to protect the integrity of whatever we name, and you're -- you know, you're going to have a role in it; the public's going to have a role in it -- Mr. Tinnie: Right. Chair Sanchez: -- when it comes in front of the Commission. Mr. Tinnie: Right. Vice Chair Spence -Jones: AndMr. Chair -- Chair Sanchez: We'll be very sensitive to the community. Vice Chair Spence -Jones: AndMr. Chairman, let me just also add -- 'cause I think it's really important, andl do understand why Mr. Tinnie would definitely be saying that when it comes to a historic beach like Virginia Key Beach, and it's important that, you know, we recognize, before we go naming anything, that there are people that came before us that got -- that came before us, that they are acknowledged in their plight in Miami. I think that one of the things that I'm almost clear and sure on from the Parks Department, that even before we get to the point of naming a City ofMiami Page 59 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 building, there will be some sort of process put in place, not just like, for instance, Virginia Key Beach, but any other parks that are regional parks -- I don't want to use the word "regional" again. I don't want to hear my colleague down on the other end -- but any park that is coming from the neighborhood should be involved in that process before it even reaches us. And I'm sure you know this whole naming rights thing is going to become very valuable to Virginia Key Beach when you start trying to really raise money from the corporate community, and with the money drying up left and right in the City and in the County, that might be the only thing that's going to help you survive. I mean, I have visited all of -- many of the African American -based museums. I'm sure you know that did my research on that. And Detroit, which, you know, that whole African heritage museum that they have there in Detroit was named after Ford, and they gave a million -- I think a million dollars a year towards having their name, and of course, it was named after heroic person in Detroit, so those kind of funds are unrestricted dollars that will allow you to do some of the things that you want to do, but I just want you to be assured that before anything gets done, even before it gets to us, it should be vetted out with the Parks Department and community -based organizations or community folks that are actually doing their projects. I don't really want to -- I just wanted to make sure I made that statement. Mr. Tinnie: Right. And if I may add, I think that -- Chair Sanchez: Name. Got to state your name. Mr. Tinnie: Oh, once again? Gene Tinnie, 74 Northwest 51st Street, Miami, Florida. I think the avenue that, you know, the discussion sort of morphed into sponsorship. I think getting naming rights for programs, I think, can be a very viable source of support from the private sector that does not entail the kinds of controversy that, you know, permanently naming a building. Andl think the last thing I'll just mention, as you all know, and guess others should know, I think tomorrow Miami is hoping -- hosting the summit for parks at Fairchild, and I think the keynote speaker is the former mayor of Bogota, Colombia, who has lots of wonderful things to say about public spaces and parks, in particular, including this whole issue of how we, you know, work cooperatively with the private sector, so keep up the good -- thank you. Commissioner Sarnoff. Gene, I think what you're saying is that there can be tasteful ways of accepting a gift from a large corporate sponsor with the proviso that that corporate sponsor doesn't put a 30-foot sign up saying "Donated by Ford Motor Company" versus a small plaque that might suggest "In Honor of the Virginia Key Beach, Donated by the Ford Motor Company, 2009. We thank them for their donation." Everything is taste. Mr. Tinnie: Exactly. Commissioner Sarnoff. Yeah, I agree. Mr. Tinnie: That's exactly -- that's been our consensus and our sentiment for -- really, from the outset of when this whole discussion started. Commissioner Sarnoff. And you guys are good stewards with your land and good stewardship means when you accept a gift, that you certainly take recognition and think about what that plaque is going to look like, and you know, it's a matter of taste. Mr. Tinnie: Exactly. Thank you. Vice Chair Spence -Jones: Mr. Chairman, ifI can just add on that as we close out. Again, I'd like to direct the City Parks Director to make sure that, in any case -- 'cause every community is different -- that the communities in those particular areas are consulted with whoever is coming to the table because every community has a different perspective, so I just think that needs to be vetted out first between the neighborhoods or whoever's bringing the sponsor, and then it comes City ofMiami Page 60 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 to us. With that being said, I'm fine with that. Commissioner Gonzalez: Through the Manager. Vice Chair Spence -Jones: Through the Manager. Chair Sanchez: All right. The public hearing is closed, coming back to the Commission for a discussion. Hearing no further discussion, we are on FR.5. It's an ordinance on first reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.6 07-00937a ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "ZONING AND PLANNING," TO CREATE A NEW ARTICLE XIII, CONSISTING OF SECTIONS 62-601 THROUGH 62-617 TO BE ENTITLED "MURAL REGULATIONS", CREATING DEFINITIONS; PROVIDING A SELECTION CRITERIA, CLASS I PERMIT REQUIREMENTS; PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; PROVIDING FOR VIOLATIONS AND ENFORCEMENT PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00937a Legislation.pdf 07-00937a-Exhibit-SUB. pdf 07-00937a Exhibit2.pdf 07-00937a Summary Form.pdf 07-00937a-Submittal-Document-Changes to Mural Ordinance. pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, 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: So we'll move on to SR.2. Let's -- why don't we agree on something. Why don't we do the murals after lunch, at 2 o'clock. First item after lunch, at 2 o'clock. Commissioner Regalado: Okay. Chair Sanchez: I mean, we -- Commissioner Regalado: Good. Chair Sanchez: -- we're trying to get -- I'm trying to get through this agenda. I mean, I think 2 o'clock, go and have yourself [sic] a good lunch. Go to Scotty's. You know, we got to support Scotty's; got good dolphin sandwich. City ofMiami Page 61 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 [Later...] Chair Sanchez: All right. Let's go ahead and do the murals. Are we ready for the mural? All right. Let's get the murals out of the way. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, on the mural ordinance, I would like to, of course, you know, thank staff who's worked very hard on this item, and especially, Mayor Diaz and Commissioner Sarnoff, who also participated in creating this item. I'm going to go real quick over some of the highlights from the mural ordinance, and then I'm going to have Pieter Bockweg put some additional comments on the record. The total of murals that we're allowed -- that we're talking about is 35, with no more than 20 mural permits per any Commission district. The fee distribution is 25 percent to arts and entertainment, 25 percent to Mayor's poverty initiative for senior citizen feeding programs, 15 percent to parks and open space trust fund half of which will go toward park acquisition and the other half will go towards green space and public realm enhancements. Illumination will be from 6 p.m. to midnight. The mural size is capped at 80 percent of a blank wall, not to exceed 10,000 square feet, and 33 percent of a wall if covering windows. The commercial message is 50 percent of text only. And the monthly fee is based on a per square foot basis, with a floor or a minimum of $4, 000 per month and a maximum of $10, 000 per month. The fees are to be paid in its entirety for one year at the issuance of permit. We also have something very significant, the change of copy, which is whenever they change the mural itself originally, it was $1, 500 for each time that they were to do a change of copy. The way that we now have it is a lump sum of $6, 000 that they have to pay upfront and that will cover any number of copy changes that they do have during the one year. I think it makes it a lot easier to process and to even enforce. The minimum number of leases required per qualified applicant is five. The minimum experience is -- per qualified applicant is three years. And the last time that we were before you, we had two ordinances and we had a very good workshop. What we have before you today I believe is a very good work product and the result of a lot of work by a lot of people in this building andl do sincerely appreciate their involvement. There were -- was at least one meeting with the industry. I think there was another one that Commissioner Sarnoff held, and my understanding is that there are -- there's an agreement by the industry. There's a certain number of comments that we need to put into the record because when we were printing the item that you have in your agenda, one of those meetings was going on last Thursday evening, and want Pieter Bockweg to go page -by -page on the redline copy that you were given and identify what those changes are. Pieter. Pieter Bockweg (Assistant to the Senior Director): Good afternoon. Pieter Bockweg, Building, Planning & Zoning. I handed out a copy of what I am about to read to you this morning, so if you'd like to follow along. The first amendment will be on page 3, under geographical area. We will include -- there is a mural free zone of 500 feet from the PAC (Performing Arts Center) building to any mural. The next amendment will be on page 4, on the middle of the page. In no event may a building -- may a mural be placed so as to cover any residential units instead of buildings. The next amendment is on page 5, letter "G, "proof in the form of copies, a memorandum of lease sworn to by affidavit is the change. The sec -- the other change on page 5 is on the bottom of the page, on letter "I," the City shall be authorized to collect against the bond or letter of credit all fines -- all fees, fines, and penalties together with will be included. On page 7, letter "J" has been moved to Section 62-605 on the very next page, number 8. The other amendment is on letter "E, " on the top of the page, on page 8, and it's -- the change is at the end of each round a qualified applicant may reprioritize their list of sites. The following change is on page 11, Section 62-609 "III," an annual copy change of $6, 000 shall be paid for every permitted location, and on the bottom of page 11 as well, the City Zoning Administrator shall within five business days instead of ten. The next change is on page 12, at the top of the page. We are excluding "approve or deny the copy change application in accordance with the provisions of this article, " and we're replacing that with "The City shall have the opportunity to deny with written notice. Failure to do so will be deemed approved." The next change is on the City ofMiami Page 62 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 bottom of page 12, 62-610, Assignment; upon the payment of a $2,500 assignment fee, a mural permit may be transferred to an entity found to be a qualified applicant by the Zoning Administrator. Next page, on page 13, under Enforcement, in the event of a violation of the terms of this article, including the erection of a mural without a permit will be added. In the middle of that, we are adding the City shall be authorized to collect against the bond or letter of credit all fines, fees, and penalties, as well as expenses incurred by the enforcement of this ordinance. And the last change is on page 14, under the renewal section, 62-615, and we are changing the -- we are adding the word "annual," as you can see on your page. Chair Sanchez: All right. Why don't we open it up. Anyone -- Mr. Hernandez: Mr. Chairman, I think that -- Chair Sanchez: Mr. City Manager, you're recognized for the record. Mr. Hernandez: -- in doing the briefings with the various Commissioners, Commissioner Spence -Jones requested additional amendments that would like to have Pieter now read into the record so we also have that in consideration. I believe that you also have that; those are comments in blue. Mr. Bockweg: The blue amendments will be -- the first one will be on page 3. And we are in the mural definition. Instead of -- we're crossing out "commercial" and including "or service" into the mural definition. The next addition will be on page 4 in the definitions. Small business enterprise is a business enterprise that qualifies as a small business enterprise pursuant to applicable County, state, or federal laws, as amended from time to time. And then the next addition will be on page 6, letter "K, " proof that the applicant has contracted with one or more small business enterprise as a consultant, joint venture partner, vendor, or otherwise to which five percent or more of the applicant's operating expenses would be paid in the event the applicant is approved as a qualified applicant and obtains a permit for a mural and that the applicant consents to the submitting financial records demonstrating compliance with this provision. Chair Sanchez: All right. Let me just stop you right there. Madam Attorney, on that set aside language, is that legal? Ms. Chiaro: There have been cases that challenge set asides as -- such as this; however, they've been interpreted to read as aspirational and they can be included in this ordinance as aspirational. Chair Sanchez: Okay. All right. Are there any more? Mr. Bockweg: No. That's it, sir. Vice Chair Spence -Jones: We want it to be more than aspirational (INAUDIBLE). Mr. Bockweg: I'm sorry? Chair Sanchez: All right. Why don't we have the industry, and then we'll open it up to the public. Anyone from the -- Do we have just one spokesperson for the industry? Lucia Dougherty: Probably not. Chair Sanchez: All right. Well -- Commissioner Gonzalez: Before open it to the public, I have a question -- City ofMiami Page 63 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Sure. Commissioner Gonzalez: -- on the legality of the proposed amendment. Because I'm not going to vote in anything thatl have a doubt that it's legal or illegal. I'm not going to put myself in that position. I did that once in my life in this City Commission andl will never do it again. Chair Sanchez: All right. Before -- Commissioner Gonzalez: So my question is -- it's not a matter of it is -- What was the word that you used? Ms. Chiaro: I used aspirational. Commissioner Gonzalez: -- aspirational or not aspirational. My question is very direct, andl want a clear answer. Is this legal? Ms. Chiaro: The way -- the language needs to be altered in order to make it -- Commissioner Gonzalez: I'm asking -- Ms. Chiaro: -- completely sustainable. Commissioner Gonzalez: -- a direct question -- Ms. Chiaro: As written, no, sir. Commissioner Gonzalez: -- andl want a direct answer. Because based on your recommendation as the City Attorney, is my vote is going to be. Ms. Chiaro: Okay. Commissioner Gonzalez: If you tell me it is legal, I'm going to vote on the item based on your recommendation and you are my attorney, and then you are responsible for my vote. Ms. Chiaro: I understand. Commissioner Gonzalez: All right? So my question again: Very simple, yes or no; is this legal? Ms. Chiaro: This language, no. I can fix it -- Commissioner Gonzalez: It's not? Commissioner Sarnoff. It's not legal. Ms. Chiaro: -- so that it is. Commissioner Gonzalez: That's the answer. Commissioner Sarnoff. We'll be sued. Vice Chair Spence -Jones: Mr. Chairman -- Commissioner Gonzalez: So -- City ofMiami Page 64 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: Okay. Vice Chair Spence -Jones: -- I would -- Are you finished, Mr. -- Commissioner -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- Gonzalez? Commissioner Gonzalez: Yeah. Chair Sanchez: Okay, but let's try to stay -- so we're focused on that clause. Vice Chair Spence -Jones: Right. Chair Sanchez: That's the issue we're addressing. Let's stay focused on this ordinance, okay? So you're organized on that clause. Vice Chair Spence -Jones: Thank you, Mr. Chairman. Madam City Attorney, can you now please add how we can make the language, in your opinion, legal? Ms. Chiaro: So that it is clear that this is not a firm requirement and that it is aspirational, that is, that's what the City would like to see but does not require it and does not preclude permittees from having a permit if, in fact, this provision is not complied with. Vice Chair Spence Jones: And you would feel comfortable adding it? Ms. Chiaro: Yes, if that's the amendment that this Commission wishes -- Chair Sanchez: All right. Ms. Chiaro: -- to have. Chair Sanchez: Are there any questions pertaining to this clause as explained by the City Attorney? There shouldn't be a problem now. Commissioner Gonzalez: I -- Commissioner Sarnoff. You're -- Commissioner Gonzalez: -- still have a problem. Chair Sanchez: Okay. Commissioner Sarnoff. Madam City Attorney, you're going to say that it is strongly urged but not required? Ms. Chiaro: That is -- Chair Sanchez: That's it. Ms. Chiaro: -- correct. Commissioner Gonzalez: Okay. Chair Sanchez: Okay. Why don't we allow -- City ofMiami Page 65 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: If you use the word "urge," okay, then it's different. But you cannot condition a contract -- Commissioner Sarnoff. Right. Commissioner Gonzalez: -- on those terms because -- Commissioner Sarnoff. Yeah. Commissioner Gonzalez: -- that's illegal. Here and in China. Chair Sanchez: I think that point has been made very clear. All right. Let's go ahead and open up to the industry, then we'll open it up to the public, then it'll come back to the City Commission for deliberation. Ms. Dougherty: Thank you, Mr. Chairman, members of the Commission. Lucia Dougherty, with offices at 1221 Brickell, here today on behalf of several members of the industry. Andl want you to know that I echo the Manager's sentiments and thank Commissioner Sarnoff, the Manager and the Mayor and their staffs, who have worked very hard on this ordinance. And believe me, it was not easy because the industry itself is very diverse and we didn't actually have a complete consensus on what we wanted either, so it was a very difficult thing for the Commission and their staffs and the Mayor and the Manager. And I said to Commissioner Sarnoff at the end of our meeting, you know, we should send you to the Middle East after this because he was able to actually get somewhat of a consensus. Now, not -- that doesn't mean everybody is happy, but we want to support this ordinance. It does give you the largest fees of anywhere in the country. There isn't anyplace that we're -- that our people know of in the country that has more fees and that will go to your arts and entertainment and parks and your senior citizens. It is also a less -- smaller geographic area than is permitted by the County. It has less signs than is permitted by the County, and as the Manager said, you only have 20 signs in any one district. So you may have folks come up here and ask you to delay this, we hope you don't do that because, in fact, if you pass it today on first reading, the soonest you're going to have a legal sign will probably be in July. And as you know, the -- Dade County has only given us a one-year pilot program, and that'll be literally a year from that time, so we hope that you don't delay it. And if there are folks who come up here and ask -- or threaten litigation, I'd ask that the Commissioner or the Chairman let me respond to that. Chair Sanchez: All right. Anyone else? Rosario Kennedy: Good afternoon, Mr. Chairman, Commissioners. Rosario Kennedy, with offices at 2645 South Bayshore Drive. It was Prime Minister (UNINTELLIGIBLE) who once said that legislation, like sausage, to be appreciated should not be seen in the making. However, had he been part of this ordinance, he would have had a different mind because the City has worked arduously with us. I'm not going to repeat what Lucia said, so I just want to tell you that the civility and the willingness to compromise by both the City and the industry throughout this process has been outstanding and we commend all of you, Commissioner Sarnoff, the Mayor, your staff the Administration and anyone who worked on this ordinance for their diligence. I would like to leave with the City Clerk some bullet points that we think will make this legislation clearer. Thank you. Chair Sanchez: All right. Anyone else? The industry. And then we'll open it up to the public. That way we'll -- All right. Sir. Herminio San Roman: Good afternoon, Mr. Chairman, members of the Commission. My name is Herminio San Roman, with offices at 12515 Kendall Drive. I'm here representing Carter City ofMiami Page 66 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Outdoor Advertising. As I raised an issue last time we met, I will raise it once again. We feel that this ordinance, as written, may conflict with Florida Stats 479, which regulates the outdoor advertising industry, andl believe that it could be easily fixed with including language that says that a permittee must be -- must meet the requirements of Section 479, if applicable. I think that's the easiest way to solve any potential litigation if, in fact, that is correct, our interpretation. Otherwise, I strongly urge you to go ahead and pass this ordinance. Thank you. Chair Sanchez: Thank you, sir. Anyone else? Tony Recio: Mr. Chairman, members of the Commission. For the record, my name is Tony Recio, law office at 2525 Ponce Boulevard, in Coral Gables. We just wanted to echo the sentiments of Lucia; basically, we worked real hard on this ordinance. City staff is to be commended. Commissioner Sarnoffs office is to be commended. There are a few little housekeeping items that we can take care of before second reading, but otherwise, we're fully in support and we're looking forward to a mutually beneficial partnership with the City ofMiami. Chair Sanchez: Thank you, sir. Anyone else from the industry to address this Commission? If not, anyone from the public wishing to address this item, please step forward and be recognized. Barbara Bisno: Good afternoon. Thank you for the opportunity to address the Commission on this item. I'm not going to ask you to delay it, and I'm not going to threaten you with litigation. Ms. Thompson: Excuse me, Chair. Can we get a name for the record? Ms. Bisno: Oh, I'm so sorry. Chair Sanchez: Barbara. Ms. Bisno: Barbara Bisno, president, Venetian Causeway Neighborhood Alliance, 1000 Venetian Way, Apartment 603, Miami. I want to take 30 seconds to thank everybody because this -- and say I am -- we are here in support of this ordinance, in support of Commissioner Spence -Jones's amendments. But it is so much better than the Administration's original ordinance, not quite to the liking of most citizens that Commissioner Sarnoffs ordinance was, but it is tremendous -- a tremendous improvement over the Administration ordinance proposed before. And so I'd like to thank Commissioner Sarnoff and Peter Ehrlich of his staff for working so diligently, for taking on this issue against an enormously difficult industry to work with; high paid lawyers, lobbyists, and all that. Andl would like to thank Commissioner Spence -Jones for being responsive to many issues that we raised. Andl would like to thank the Commissioner -- the City Manager's office. I think this is another example of listening to some community input through Commissioner Sarnoff, and we appreciate it. Some of the wonderful things that are includedl would just like to mention, and then I have a few things that I would like considered, just as others have asked for amendments. The fact that no -- none of these off -premises signs can face a residence is fantastic. Chair Sanchez: It's in the ordinance. Ms. Bisno: Right. I'm not sure now if the amendment that Pieter read about only -- that it can't cover residential units instead of buildings removes another thing that we thought was great, which was that it couldn't be on a residential building. Is -- Commissioner Sarnoff It can be on the parking pedestal. Ms. Bisno: It can be on the parking pedestal of a residential building. Commissioner Sarnoff Right. City ofMiami Page 67 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: But it cannot cover a window of a residential area. Ms. Bisno: I understand. So it's sort of half and half, got it. We appreciate the high prequalcation fee. We appreciate that a dis -- an applicant will be disqualified if they haven't fully resolved their Code enforcement violations. And the requirement that any applicant who's displayed one of these signs, illegal signs, within five years has to pay three times the qualification fee, I believe, remains in the ordinance, and we wholeheartedly applaud that. One other question we have, I know -- we know that there's not more than 20 of these signs in one district. I thought it read at one district or at one time. Does that mean --? I thought it read that there could be -- there's going to be 35 -- Chair Sanchez: No more than 20 in a district. Ms. Bisno: But there can be 35 at one time? Chair Sanchez: Not in a district. Ms. Bisno: Not in a district, but citywide. Commissioner Sarnoff. Citywide. Chair Sanchez: Yeah, citywide. Ms. Bisno: Okay, so I misread. I thought it was 20 at one time, even though there would be potentially 35 permits. And then no signs on unoccupied buildings, I think, is a great thing, and putting social services into the mix of the -- of getting funds is great. Andl -- we very much appreciate the new amendment that there's a free area within the Performing Arts Cen -- Chair Sanchez: Five hundred feet of the Performing Arts Center. Ms. Bisno: Perfect. My question about the 10,000-square-foot sign, in the last few days, I posed a question to the City Manager's office, how big is that sign. And there are two very large illegal signs on Biscayne now, one at Northwest 2nd Street and one somewhat north of that. Andl asked Mr. Toledo to see, is that 10,000 square feet 'cause if that's 10,000 square feet, we're used to that. If it's not, we can't imagine a sign bigger than those, andl wonder, through the Chair, if the City Manager is able to answer that question today. Chair Sanchez: All right. There's a question through the Chair. Orlando Toledo: Orlando Toledo, Senior director of Building Planning & Zoning. The largest sign -- or the actual largest mural that actually has ever been up is 10,000 square feet. When we went ahead and we looked, there's a number of signs. I didn't know exactly which was the one that she -- that was mentioned on Biscayne. That one, right now is 5,000 square feet. It's been larger, but right now it's 5,000 square feet. Ms. Bisno: Are you referring to the sign on the not -completed -yet high-rise that's 5,000? There's also a Cadillac sign on Northwest 2nd. Mr. Toledo: The Cadillac sign is 5,000 square feet. The sign of the building that hasn't been completed is almost 10,000 square feet. Ms. Bisno: It is? Mr. Toledo: Yes. City ofMiami Page 68 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Bisno: All right. Well, that helps us. It's hard to picture 10,000 square feet. One further request. In many aspects of permitting in the City at this point, a applicant needs to get a Class II Permit and that allows for notice to the neighborhoods -- neighborhood associations that an application has been put in. As far as I know from reading this suggested ordinance, this application is not for a Class II Permit, so there will be no notice to anybody when an application is put in. Is -- do I understand that correctly? Chair Sanchez: I believe you are correct. Ms. Bisno: We would ask -- Chair Sanchez: This is not a Class II, so there is no notification. Mr. Hernandez: There is no Class II application. Chair Sanchez: Yeah. Ms. Bisno: We would strongly urge that this be a Class II Permit. Commissioner Sarnoff. There's a reason you don't want that, Barbara. Chair Sanchez: Yeah. Ms. Bisno: There is? Commissioner Sarnoff. Yeah. Ms. Bisno: Well, tell me, then I'll know. Commissioner Sarnoff. Well, you're going to get into a free -speech argument -- Ms. Bisno: I see. Commissioner Sarnoff. -- and that's probably not where this City needs to be -- Ms. Bisno: Okay. Commissioner Sarnoff. -- with the amount of money these folks have. Ms. Bisno: Okay. Well, you don't know until you ask. Again, we appreciate the time you've given us and the thought and effort that's gone into this. Thank you very much. Chair Sanchez: Thank you so much. Anyone else from the public wishing to address the Commission? Yes. Gil Terem: Gil Terem, 780 Northeast 69th Street, Miami, Florida. Mr. Chairman and Commissioners, whatl like to talk to is about the fact thatl own a building in downtown Miami, in the Park West area, andl think that it's necessary to distinguish when we are passing an ordinance to which neighborhood we're imposing it. There is a big difference if it's a residential neighborhood or if it's an area like Park West, which has special qualities or whatever. Same token that we're having there 24-hour liquor license, I think that you should be more liberal, without too many restrictions like you can have in a different district to allow, let's say, more signage and less restrictions. We can see an area like this in a lot of cities in United States, like the Time Square, in New York. If you drive through the Time Square, you'll see the amount of City ofMiami Page 69 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 signage with light that -- and nobody is complaining it's deceiving somebody from driving or making their neighborhood ugly. I think that, on the contrary, something like that can help the area, especially like -- places like Park West and part of the Omni, and make it more visible and more lighted with more life. The buildings there are not, unfortunately, as nice as other buildings in the City. Another thing is the amount of money that the City is charging for those signage. A lot of our properties -- for a lot of our properties, this is the only source of income, and since I'm there, 1999 till now, that was one of the only source of income to support the building to be able to pay the taxes that are going up every year. Imposing this amount of fee on that, I think it's pretty high, andl would like for you to consider to give a break in area, special areas in need, like this CRA (Community Redevelopment Agency) area of the Park West, and so to speak, free some of the restrictions that you're imposing on the ordinance for other part of the City. Chair Sanchez: Thank you. Mr. Terem: Thanks. Chair Sanchez: Anyone else to speak on the item? Babba Mehrpouyan: My name is Babba. I'm a property owner. I own several properties in downtown Miami. Chair Sanchez: What's your name? Mr. Mehrpouyan: Babba. Chair Sanchez: That's just -- Mr. Mehrpouyan: That's my first name; it's Babba. My last name is Mehrpouyan. Chair Sanchez: All right. Need a full name. Mr. Mehrpouyan: My office is at 2032 Hollywood Boulevard, in Hollywood, Florida. I have to agree with Gil. I'm a property owner as well, and on some of my properties, there are wallscapes placed at this time, and have to agree with him that I feel that the fees that you guys are charging for some of these wallscapes is a little exorbitant. I do definitely think that an ordinance needs to be placed, and believe that it shouldn't be a Wild West for advertising; some rules definitely need to be written down in black and white. I think that they maybe should be a little bit more lenient as far as pricing goes. Another thing that wanted to ask the Commission - - 'cause I wasn't really clear about it -- is if a wallscape is erected on a property as it stands right now and the property has received violations, what -- is there any danger of that property in the future to obtain a license? Does that make the process more difficult -- Commissioner Sarnoff. You won't get one. Mr. Mehrpouyan: -- and if so, how much more difficult? Commissioner Sarnoff. You won't get one. Mr. Mehrpouyan: You will not get one? Commissioner Sarnoff. No. Mr. Mehrpouyan: So if you had a violation in the past, let's say -- City ofMiami Page 70 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. If you don't come clean within the next 60 days -- Chair Sanchez: Forty-five days. Commissioner Sarnoff. Well, I'm just thinking by second reading. Chair Sanchez: Oh. Commissioner Sarnoff. So if you don't come clean by 45 days after the second reading, you don't have an eligible property; in which case then you'll have a $1, 000 per day fine. Mr. Mehrpouyan: Okay. By come clean, what do you mean, take the sign down? Commissioner Sarnoff. I always say, in 60 days, we're about to see what the City looks like, and we'll see that for the next 45 days, and then you'll see murals go up. But at least you'll get a peek at the City as to what she looks like undressed. Mr. Mehrpouyan: Okay. Thank you. Chair Sanchez: And that could be a ugly sight. All right. Anyone else? If not, the public hearing is closed and it comes back to the Commission. All right. Before we open it up for discussion, we need a motion and a second. Commissioner Sarnoff. Let me make a motion. Chair Sanchez: There -- Commi -- a motion has been made by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Sarnoff, second by Vice Chair Spence -Jones. The item is under discussion. Commissioner Sarnoff, you're recognized for the record. Madam Clerk. Ms. Thompson: It's as amended. Commissioner Sarnoff. As amended. Chair Sanchez: As amended. Ms. Thompson: Thank you. Commissioner Sarnoff. First off I want to -- I really want to thank Pete Hernandez on this. I think he lived up to his word -- andl shouldn't be calling him by his first name. I should be saying Mr. Manager. You really lived up to your word on this. You allowed a very engaged process, and Orlando Toledo and Pieter Bockweg probably didn't see their wives for the better part of 30 days. As soon as the last Commission meeting was over, Pete Hernandez andl sat in a room together for the better part of two and a half hours. We subsequently had the better part of another two-hour meeting. I met with Orlando and Pieter Bockweg pretty consistently for the past two or three weeks, and then I finally had a meeting with the mural industry, andl want to give them some credit because if it was up to me, there would not be murals in the City ofMiami. Andl know they tried to convert me and if -- I know how to count to three, andl suspect that there would be three votes without mine. And what I decided to do is fashion a remedy that I think the people that I represent care the most about, they could live with. Right now District 2 has about 30 murals in it, so we're going to reduce our mural load to 20. You're going to get what I think is a very fair rate, and I think the industry thinks it's fair, too, because what I made them do after we spent the better part of probably two hours in a room together -- andl might be City ofMiami Page 71 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 low on that; it might have been three hours -- you'll see in front of you they all signed off on the ordinance, each and every one of them. Andl strongly urge any time a Commissioner is going to meet on an issue that he has, that he is going to shepherd or at least get in front of make everybody sign that document right then and there so when they all have amnesia or forgetful memories -- and to the credit they don't -- they come before you and they say, yes, these are the agreements we had. Now the redline changes you're seeing are actually the ones that occurred that night. Not going to tell you that there needs to be some cleanup language 'cause there probably does. But you're really writing legislation that has never been written pretty much before. It just hasn't really occurred. It was no real city or state to look at and say let's just copy theirs. Andl have to credit the Mayor as well because some of the complicated language he cleaned up, and it's made to read very simple. Andl want to compliment the Administration because I think that what they knew was important to District 2 remained in there, and they certainly moved me and) think) moved them, and in the words of Rosario Kennedy, legislation is like making sausage; you really don't want to be there during the process. I think I punched more people in the nose and) got my nose punched quite a few times, and there were some words exchanged, and this goes over a four- or five -month process. But the end of the day, I think we made sausage, and) think any Sicilian would be proud of what we just made. I think it's a pretty good product. It can be improved. It should be improved. We may want to put sunsets in this so that if there is a challenge we might want to consider that in the future, but) strongly urge each and every one of my Commissioners to at least realize the process that went into this, realize the number of raw man-hours of Pete Hernandez, Pieter Bockweg, Orlando Toledo, of the murals industry themselves, and at least solemnifies this process by saying this is a good first effort. We can improve it and we can do better, but this is something) strongly urge my Commissioners to vote for. Chair Sanchez: All right. Anyone else? Commissioner Regalado, you're recognized in deliberation. Commissioner Regalado: Thank you very much, Mr. Chairman. I was surprised during the first discussions that we were discussing whether we should have or not have any murals in the City ofMiami 'cause that was the first discussion. We always said that -- or everybody says that we want to be an international city, and to me, any international city has murals all over the city, all major metropolitan centers in the United States. Andl mean, like we said before, the murals were invented by the Japanese because they didn't have the space for billboards. The good thing about this discussion -- and we have to thank Commissioner Gonzalez for -- is that we are going to be getting some money for social services, which is and should be a paramount priority for this Commission, especially in these hard times that we are going to face. What I don't understand is why we didn't fought in the County for a different area. I understand this is a pilot program. I understand that come next year, I'm sure that many members of the County Commission will be pushing for pilot programs, whether in Doral or Kendall Lakes or Miami Gardens or different areas, and that will in turn affect the rates that you all have decided, and that is my main point. Actually, my main point is about the rates and also about some changes made here, which I really don't understand and) want to understand. Number one, the rates. The advertising industry is market -driven. It's not about regulations. You see, when you don't sell in radio a 30-second spot today, you will never be able to sell that spot anymore because it's gone. It's not a pair of shoes. It's not a lettuce that you can keep in the refrigerator in the market and sell it next day, so the mural is like that. If you don't sell the space, you don't pay. So this is why I keep questioning the Manager the other day in the briefing about the numbers that we were given. We were given numbers that account for full price, 12 month a year, 365 years [sic] of murals and fees paid by the industry, and I just don't think that that is the case. This is just a concern that I have because we need to project in our social services, especially, budget some of the monies that we'll -- we will be getting. So having said that, there's one thing) don't understand here. The change -- the redline change is about the change of copy. It says an annual copy change of $6, 000 shall be paid for every permitted location. How about if they don't change the copy? Will the money be refunded? City ofMiami Page 72 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hernandez: No. It's a one-time lump sum to, in essence, make the process easier; so if they change it six times, they get it for the same amount. Commissioner Regalado: Okay. Mr. Hernandez: Originally, it was based at 1,500 per, so the 6,000 allows for four changes, and I think that it expedites the approval process. Commissioner Regalado: I knew you said that. So what it brings me to this one, the following. Now, the City Zoning Administration shall, within -- used to be ten, now it's five business days after receipt of the copy change application with the provision of this article strike that redline the City shall have the opportunity to deny with written notice; failure to do so will be deemed approved. The written denial shall be provided to the permittee indicating the reasons for the denial and refunding the copy change fee. So explain to me, translation. Mr. Hernandez: I'll ask for help. Pieter. Mr. Bockweg: Pieter Bockweg, Building, Planning & Zoning. That is one of the inconsistencies that we have to clean up between first and second reading. Commissioner Regalado: It's not redlined. Mr. Bockweg: No. I understand that, but that's one of the things that is inconsistent with the changes that we've made that we have to change between first and second reading. Commissioner Regalado: It's very simple. Mr. Bockweg: No. That will be taken out. Commissioner Regalado: I know that, but it's very simple to do it last night. What time did you say -- 10 o'clock? You could have stayed until 10:15. I mean, why confuse? What is the purpose of confusing? 'Cause that is confusing. The other thing that I don't understand, why would the Zoning Administration deny a copy change? Commissioner Sarnoff. Well, it could be that the -- let's say there's 20 percent commercial message, and they think it's not, and he says this is 20 percent. Mr. Bockweg: Exactly. Commissioner Regalado: Anybody could interpret that it's the content. Mr. Bockweg: No, it clearly says that it is text. Commissioner Regalado: No. It doesn't clearly says. No. Excuse me. It doesn't clearly said it. Mr. Bockweg: There's reasons why the Zoning Administrator could deny it. One would be, like Commissioner Sarnoffjust said, if the text is more than 15 percent, then it will be denied. The other way also what could be done is that instead of the mural being 10,000 square feet, it's 12,000 square feet, so for that reason, it will be denied. And the way it reads is that the mural face shall be predominantly pictorial, nonverbal with texture matter limited to no more than 15 percent of the mural face, so we will be looking at the text to make sure that it's 15 percent. If it's more, we will be denying it. Commissioner Regalado: So it's not about the content? You cannot regulate -- City ofMiami Page 73 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Bockweg: No, we can't. That's under the First Amendment. Commissioner Regalado: You understand that. Mr. Bockweg: Yes. Commissioner Regalado: And so either we refund or we don't refund. That's the question, right? Mr. Hernandez: No, we don't. And when we -- Commissioner Regalado: We don't, but we do? Mr. Hernandez: We do not. When we -- Commissioner Regalado: Even if we deny the copy change? Mr. Hernandez: Even if we deny the change, there is no refund of the $6, 000, which is a lump sum amount for the year. The refund applies to when we were changing for the copy change on a per basis or a unit basis. Commissioner Regalado: So plainly, in English, the fees is how much, 10,000? Mr. Hernandez: It's -- there is a floor or a minimum of 4, 000, and there is a maximum of 10,000, and it's based on a per square foot basis, so if you have a sign or a mural that is 5,000 square feet, they will be paying $5, 000 per month. Commissioner Regalado: $5, 000? Mr. Hernandez: Because between the minimum -- Commissioner Regalado: No, no, I understand. The fee. Mr. Hernandez: Right. Commissioner Regalado: But you haven't built the $6, 000 into it. Mr. Hernandez: Okay. The way the ordinance reads today, the City will be collecting the yearly fee, which will fluctuate between 48,000 and 120, 000, plus the copy change of $6, 000; all of that will be collected upfront. Commissioner Regalado: Okay. So actually, the copy change is a fee that is built into every mural. So we're talking -- if it's -- if you say it's $4,000, it's $10,000. If you say it's $10,000, the fee is $16,000 because the fee is nonrefundable and it's upfront? Mr. Hernandez: But you would have to, in essence, analyze it because it's not -- you can't just -- you can't charge it to -- Commissioner Regalado: It's the same money. Mr. Hernandez: Well, right, but -- Commissioner Regalado: If we are not going to refund it -- City ofMiami Page 74 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hernandez: No. Commissioner Regalado: -- it's part of the fee. Mr. Hernandez: But let's say that it's a 4,000 square foot mural, it would be 48,000 a year plus the 6; it'll be 54,000. Commissioner Regalado: That's what -- Mr. Hernandez: That's it. Commissioner Regalado: -- I'm saying. Mr. Hernandez: Right. Commissioner Regalado: So the fees -- maybe -- I don't -- Mr. Hernandez: And we were doing it -- Commissioner Regalado: -- know then. Maybe the industry didn't pick up on that. Mr. Hernandez: -- separately before, but I think that the -- Commissioner Sarnoff. Actually, Tom, that was a request of the industry themselves. We actually had it as a requisite fee for every time they would come to us with a copy change. Commissioner Regalado: But if they're not going to get a refund ever, what is -- are they -- Commissioner Sarnoff. Well -- Commissioner Regalado: -- going to charge that to the new client or --? Commissioner Sarnoff. The industry was pretty clear that, of course, no mural will stay up for one year because you couldn't have a mural last a year just by its nature of the weathering. We had discussed doing it the way that we talked about it, which was $1, 500 per copy change, and they actually didn't want that. They wanted to pay a one-time fee. Then we got into whether we should charge them -- how many times they would be allowed to do that, whether it would be four times, as we anticipated, and they wanted to have an unlimited amount to do it, and we said, okay, unlimited amount. They want to change it every month, they could change it every month. They wanted to wait every quarter; they could wait every quarter. But -- I mean, to the -- not in defense of the Administration or of my office or of myself, it wasn't actually our idea. It was theirs. Commissioner Regalado: I don't care whose idea it was. I'm just saying that in terms of budget, this is the fee that they need to pay. If they agreed to pay, I just think that it was important to clam this, that I understand either you refund or you don't refund. And the other thing that I wanted to ask you. How do [sic] you going to measure distance? Mr. Bockweg: Commiss -- the distance -- would you like me to answer the distance question or the -- Commissioner Regalado: Yes, the distance. Mr. Bockweg: -- refund -- no refund? City ofMiami Page 75 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hernandez: No, the size. Commissioner Regalado: No, no, no. The refund, I know that it will be done in the future. Mr. Bockweg: The size of the -- Commissioner Regalado: The distance between one and another. Mr. Bockweg: The distance will start from one edge from one mural to the closest edge of the other mural in a straight linear line -- a straight line. Commissioner Regalado: And billboards doesn't count? Mr. Bockweg: Not in this ordinance, no. Commissioner Regalado: And Madam City Attorney, billboards and murals are considered outdoor advertising. Have they been defined by the state and by federal to be different? Ms. Chiaro: Based on federal law and state law, we combine outdoor advertising to include murals and billboards. Commissioner Regalado: So they're the same? Ms. Chiaro: They have not been defined as different. They are outdoor advertising. Commissioner Regalado: So what if somebody comes up with you cannot place this mural there because there is a billboard very close? Mr. Bockweg: Are you (UNINTELLIGIBLE) question at me? Commissioner Regalado: Anybody. Mr. Bockweg: The state has defined an outdoor advertisement as a sign. Recently the state -- what they did was they defined a wall mural separately from an outdoor sign. When doing that, in the state regulation it states that the city or municipality will have the control of regulating its size, lighting, or spacing requirements. And by doing that, they claim -- they state that we are not subject to the distance requirements that the state has with billboards, or the murals don't have to -- the same guidelines for the distance required for billboards. Commissioner Regalado: The reason I ask this is because, you know, what you guys drawn, or the County, or whoever did, it's all around state and federal roads. Everything is very close to state and federal roads; be Flagler, Southwest 1st Street, Biscayne Boulevard, Brickell, 1-395, 1-95, 836, Northwest 20th Street; everything is surrounded by state and federal highways, andl guess everything will be subjected to the state and federal regulations. So you are sure that no one is going to challenge the closeness if they indeed are defined as different? Mr. Bockweg: No, sir, I'm not. Commissioner Regalado: Huh? Mr. Bockweg: I'm not sure. Commissioner Regalado: Okay. Last question I have. You have a free zone from the Performing Arts, right? City ofMiami Page 76 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hernandez: Yes. Commissioner Regalado: Is it 500 feet north, south, or around? Mr. Hernandez: It's -- maybe in a simpler way, it's 500 feet from each one of the exterior corners of the building -- Commissioner Regalado: There are two buildings. Mr. Hernandez: -- or buildings. Commissioner Regalado: So there are two buildings? Mr. Hernandez: There are two buildings. So it would be the exterior corners of the two buildings. Commissioner Regalado: Okay. And just for curiosity, have you measured the exterior east building of the Performing Art [sic] to the Miami Herald? Mr. Bockweg: Yes. Commissioner Regalado: Is it 500 feet? Mr. Bockweg: It's -- no. It's less. Commissioner Regalado: It's less. So they cannot place any more murals? Mr. Bockweg: The Miami Herald places Class I Special Permit signs, meaning PSAs -- Commissioner Regalado: So I thought it was -- Mr. Bockweg: -- Public Service Announcements. Commissioner Regalado: --free. It was a free zone, but it's not a free zone? Mr. Bockweg: Well, it's a free -- it's a -- the Miami Herald building, with their PSAs, are not subject to this ordinance because I'm -- well, I can't say that for a fact. If they come in for a permit, then they will be subject to this ordinance, and they would not be able to put a mural on their building. But if it's a PSA, they are not subject to this ordinance. Commissioner Regalado: How do you know it's a PSA? Mr. Bockweg: Well, they come in with a Class I Permit to -- they show us for approval. Commissioner Regalado: If the Homestead Grand Prix is -- they have a race for a benefit, is that a PSA? Mr. Bockweg: That would be up to the Zoning Administration -- Commissioner Regalado: Oh. Mr. Bockweg: -- interpretation -- Zoning Administrator. Mr. Hernandez: But it would be a major special event for the whole Miami -Dade County area like, for example, the tennis tournament, Super Bowl, those kind of things. City ofMiami Page 77 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: So we can place PSA in the MRC (Miami Riverside Center) building? Mr. Hernandez: We did. Yes. And we've done it once. Commissioner Regalado: We can do that? Mr. Hernandez: Yes. Commissioner Regalado: We can do that. And the County can, too? Mr. Hernandez: Yes. Commissioner Regalado: And the state -- Mr. Hernandez: They -- Commissioner Regalado: -- and the federal? Mr. Hernandez: Yes. Commissioner Regalado: All PSAs? Mr. Hernandez: Actually, the state and federal buildings are not or may not be governed by this ordinance, and if they so desire to go into the mural business by themselves, I don't think that we can govern -- well, they're not exempted from the ordinance. Commissioner Sarnoff. Right. Mr. Hernandez: They're not exempted, but the federal building could have a mural. Now, if they have a mural, it would have to be included as part of our 35. Commissioner Regalado: If they have a mural? So they have to participate in the lottery? Mr. Hernandez: If it's a commercial mural, it would have to be part of this ordinance or governed by the ordinance. Commissioner Regalado: Say the U.S. (United States) Post Office, the U.S. Postal Service. Vice Chair Spence -Jones: Or the U.S. Marines. If it's a federal building, you know, and they want to put something up on their buildings. Commissioner Regalado: So you're saying that the federal government can compete with the industry in the lottery? Mr. Hernandez: Well, the ones that were mentioned, I think that those are, in essence -- I don't think those would be considered commercial. Commissioner Regalado: Of course. We pay for the stamps. Mr. Hernandez: And, you know, a mural in a federal building endorsing the U.S. Army, for example, or promoting it -- Commissioner Regalado: The army is a business. City ofMiami Page 78 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence Jones: It is. Commissioner Regalado: But my question was because then we will be able to get the fees from the federal government, too, right? Mr. Hernandez: Well, let me see ifI can correct this. The ordinance, as we have it, does not exempt government buildings. However -- on this I may need some legal assistance -- when we're dealing with a federal building, I think the federal government does not have to abide by our ordinance; do they? Ms. Chiaro: I think that's generally a correct answer for -- if the federal building were to put up a commercial mural, say, a Nike sign on the federal building, I don't know what our level of enforcement capabilities would be. The way the ordinance is written, if the federal government wished to put up such a mural, then the federal government could compete in the lottery. Whether the federal government would or not, I don't know. I'm -- that's something that we would need to deal with if, in fact, an unpermitted commercial mural went up on a federal building. Commissioner Regalado: And the last question that have, Mr. Chairman, is after this is approved, after this is in place, after this pilot program is working, what are we going to do with the illegal murals? Mr. Bockweg: Along -- the -- between first and second reading, we'll bring an ordinance amending our Code enforcement code to say a thousand dollars a day for illegal murals. Every mural that will be illegal after this passes, along with second reading of the Code enforcement amendment, will be a thousand dollars a day fine. Commissioner Regalado: But not force them to take them down; just get the fine, right? Mr. Bockweg: We have to work on that language for the Code enforcement amendment, but as of right now, yes. Commissioner Regalado: So you're going to stay until 10 p.m. again? Mr. Bockweg: 10:15. Commissioner Regalado: 10:15. Okay. Madam Chair -- Vice Chair Spence Jones: Yes. Commissioner Regalado: -- I am finished. I -- Vice Chair Spence -Jones: No problem. Commissioner Regalado: There's still more questions than answers, but anyway -- Vice Chair Spence Jones: Well, hopefully, they can have it together by the second reading. Commissioner Gonzalez, do you have any questions or comments? Commissioner Gonzalez: No. I have my comment at the time of my vote. Vice Chair Spence Jones: Okay. All right. Chair Sanchez: You're recognized for the record. City ofMiami Page 79 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Sure. First of all, I do want to commend the Administration for the work regarding this whole issue of the murals. Orlando -- Where is Orlando? Orlando, I know that you've been working on this probably for at least almost two years trying to -- close to two years trying to pull it together, and your staff Pieter, for, you know, just really pushing to finally get it done, and of course, working with Commissioner Sarnoff to make that happen. And of course, you, Pete; I know that we've been driving you nuts around this whole mural situation, so I just want to commend staff for finally getting it handled. My only -- and also, I want to acknowledge Barbara Bisno because every time I hear about the mural project, I'm always hearing staff and the Administration talk about industry, industry, industry and how important it is to get the industry's point of view on what needs to happen with this ordinance, andl always say what, Pete? What about the what? The community's input on the murals and what should happen. Andl want to thank personally Barbara Bisno and the Miami Neighborhoods United group -- Barbara -- Ms. Bisno -- for remaining relentless to make sure that those things were included. I think that when we start looking at issues like this, we need to not only include the industry, but we need to be considerate of the residents. I just want to go back to one point, and hopefully, we can get it resolved by the next reading. You know, I recognize the need for the mural ordinance after the County gave us the authority to act and prescribe the boundaries. From day one, I've never really had an issue with murals or billboards. What I'm a little disturbed by is that, from the outset, my office has made it known that there's a need for small business participation involved in this, and I'm not saying -- andl understand when we start talking about minority, you know, people, you know, remind us of the federal laws and things that we can and cannot do, but ifI don't speak on the issue of including -- making sure that women and people of color are included on these type of projects, they will always be forgotten. And the language is always, you know, shall be included or, you know, if they feel like including them, then we get included, so it's only the right thing for me to do, as I sit here in this position, to make sure thatl advocate for that. But every time that this happens -- you know, I've always told the City Administration, including Pete, you know, we've been talking about this mural for months, and I've been saying the same thing over and over again, and that is that the small businesses deserve to have opportunities, and that the small businesses pay taxes to the City, and that the small businesses employ local residents. And today even we had a 45-minute discussion and debate about how important it was on catering to make sure that local businesses and small businesses participate on this so-called catering list. I mean, we had a 45-minute debate on this issue about procurement, andl agreed with a lot of those comments. You're right, we shouldn't have to go to North Miami. We shouldn't have to go to Broward County to find caterers. Well, the same thing, to me, applies for this particular issue, you know. And just as this gentleman came and spoke on the mike -- he's not a big businessperson and he doesn't probably have a mural company out of L.A. (Los Angeles) or New York -- andl'm not taking anything away from those guys 'cause that's what they do for a living, but if we don't support at least small businesses from our City -- just like we talked about for 45 minutes -- and we don't push or encourage it, then who else is going to do it? So while I do understand what some of my colleagues feel about this issue, I think that it's important that we, as a Commission, stand united on supporting local small businesses so that they have the opportunity to participate. To me, five percent is not a lot to ask for. It's not a lot to ask for, so I'm going to ask -- or request that our Madam City Attorney, when she does come back for the second reading, please, let's be considerate, like you said and like everyone has said, of the small businesses and the small businesses are located within the City ofMiami so that they have the opportunity to participate and gain wealth from this whole process. So that's my only, you know, discussion on the whole thing. It just seems like to me sometimes I feel like the Administration does not care about the smaller business, and they deserve attention just like the big businesses that want to do business with us. And l just think that it's really important that -- when it all boils down to it, these small businesses can't really afford to hire these high paid lobbyists to come and sit down and do these meetings regarding what needs to happen with the mural or whatever. Their only opportunity a lot of times to be able to express their opinion about having participation is coming to this particular meeting. I don't think that I'm wrong for advocating that, andl hope thatl have my colleagues' support on that, you know, andl'm hoping that, Madam City Attorney, when it comes City ofMiami Page 80 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 back in front of us, there is some consideration on making sure that that type of participation is in this overall ordinance. Chair Sanchez: All right. Discussion. Gene, I know I stole this one from you, but how was it? Like King Henry VIII told his eight wives, I shall not take much of your time. I promise I won't take much of your time on this one. This -- Commissioner Gonzalez: Call the question. Chair Sanchez: I want to address the issue. It's an important issue. I mean, this is something that we worked on for quite some time, and really, it really shows the spirit -- when everybody works together, we're able to accomplish something. Although this was an ordinance that was presented by the Mayor, Commissioner Sarnoff took an ordinance also, butl think all the Commissioners basically had -- at one time was able to put the spoon in and make some recommendations, and also, the public made some recommendations, and overall, I think that we do have a good ordinance, which is a pilot program that we're going to have an opportunity to see how it works. I think when you compare everything in life, you're talking about value, and what value do we get out of this? There's two components that I think are very important to us here in government. One is the compliance. This was an industry that did not have any rules and regulations. It was the Wild Wild West of murals out there. All right. So it gave us, government, an opportunity to sit down with the industry, work out our differences, come together with some rules and recommendation. And the other component is recurring revenues, which is something that the City continues to look for with all these tax cuts. We able -- we're able to generate in this pilot program 2.4 to $2.6 million. That's serious money that will be going directly towards four allocations, broken into 25 percent. You have social services; it's something that we fight every year in this Commission to try to come through on the social service feeding programs; 25 percent to the Arts and Entertainment Council, which is something this Commission is very dedicated to; and then, of course, 50 percent broken into 25 for land acquisition for new parks and green space. So overall, this is an ordinance that has been put together by the people and it's going to benefit the entire City. There's one issue that I just want to elaborate on the legal aspect of it. There are some modifications which we'll get to second reading that we'll be able to work out, but there's one issue here that think that we need to be very careful, and that is that we need to have language in here to protect the City and the taxpayers of the City ofMiami. I think that by sitting down with the industry, how both -- several Commissioners have done, we have been able to come to an agreement but, ladies and gentlemen, there's always gentlemens [sic] in the room when everybody is in agreement. When there is no agreement, you can't find a gentleman, and that's the issue that we don't want to get into here. I want to make sure that we have in this ordinance a declaration or an affidavit or indemnification that clearly says that if somehow, for whatever reason, there is litigation between the industry and the City, the following day the murals come down, and that protects the City, andl think it's something that should be included in there. I think that whether we address this issue today or we address this issue in second reading, it's an issue that we need to address. Commissioner Sarnoff Can I just say something? Chair Sanchez: Sure. Commissioner Sarnoff You may want to -- and we've talked about this for second reading. In the application itself, you may want to get a hold harmless and indemnity agreement. We talked about your issue, and we weren't confident we could do it that way. I know what you're looking for. You're looking for some protection for somebody who sues us. We think that we can still fashion a remedy that will, you know, work for us and for the industry. We want the industry's support if we are sued, and we want the mural permittees to help us. So it's been discussed and thought about. I think your way of doing it may not be totally legal. City ofMiami Page 81 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Well, I'm open to suggestions. The only thing that I ask for is not -- in the past where we ended up in litigation, their signs were up, their signs stayed on; they were collecting fees; they were collecting rent -- Commissioner Sarnoff. You're right. Chair Sanchez: -- and therefore, they came to mitigation and they mitigated the process. I'm not for -- against due process, but I want to make sure that there's a language in place where we're protected under that. So having said that, there's a motion and a second. It is an ordinance on first reading. We could address the modifications on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call and a vote. The Ordinance was read by title into the public record by Interim City Attorney Maria J. Chiaro. Chair Sanchez: Madam Clerk, the ordinance, as amended. Ms. Thompson: Thank you. Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: One question before voting on it. Is Borinquen Clinic included in the map? Mr. Hernandez: Yes. Commissioner Gonzalez: All right. Second, in order for my vote to be positive, the language on the Commissioner Spence -Jones' amendment must include strongly urge but not demand the minority participation. Ms. Chiaro: Yes, sir, I understand. Commissioner Gonzalez: That's the way it's going to be. Ms. Chiaro: Yes. Commissioner Gonzalez: All right. My vote is yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence Jones: Yes, with the understanding that Maria will look at the language (INAUDIBLE). Ms. Thompson: I'm sorry, Commissioner. Can you come closer to your mike? Vice Chair Spence Jones: No. I do -- I just had it off. Ms. Thompson: Oh. Vice Chair Spence -Jones: My vote is yes, with the understanding that Maria will -- excuse me, Madam City Attorney will look at that language to make sure that it includes small business participation. Ms. Chiaro: Small business participation and then aspirational language as to minority City ofMiami Page 82 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 participation. Vice Chair Spence -Jones: Yes. Thank you, ma'am. Chair Sanchez: All right. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yeah. After all this work, yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed, as modified on first reading, 5/0. Chair Sanchez: All right. Hopefully, on second reading, we won't have much discussion. Thank you. All right. Applause. City ofMiami Page 83 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 RE.1 07-01551 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES CONTRACT FOR MISCELLANEOUS STORM WATER SEWER/ROAD IMPROVEMENT/DREDGING SERVICES, DATED OCTOBER 26, 2004, WITH CAMP DRESSER & MCKEE, INC., IN AN AMOUNT NOT TO EXCEED $350,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $600,000 TO $950,000, FOR ADDITIONAL SERVICES REQUIRED; ALLOCATING FUNDS, FOR SAID INCREASE, FROM PROJECT B-50705, 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. 07-01551 Legislation.pdf 07-01551 Exhibit.pdf 07-01551 Summary Form.pdf 07-01551 Text File Report.pdf 07-01551 Amendment 1.pdf 07-01551 Corporate Resolution.pdf 07-01551 Agreement.pdf 07-01551 Attachment A.pdf 07-01551 WorkOrder.pdf 07-01551 WorkOrder Proposal.pdf 07-01551 Estimate.pdf 07-01551 Attachment B.pdf 07-01551 Attachment B2.pdf 07-01551 Workorder2.pdf 07-01551 Workorder Proposa12.pdf 07-01551 Analysis Form2.pdf 07-01551 WorkOrder3.pdf 07-01551 WorkOrder Proposa13.pdf 07-01551 Fees.pdf 07-01551 Analysis3.pdf 07-01551 WorkOrder4.pdf 07-01551 WorkOrder Proposa14.pdf 07-01551 Estimate2.pdf 07-01551 Analysis Form4.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Sarnoff and Sanchez R-08-0124 Chair Sanchez: Let's take up RE.1. RE.1, that is the Department of Capital Improvement [sic] Program [sic]. Ola O. Aluko: Good morning, Mr. Chair. Ola Aluko, director of Capital Improvements, City of Miami. RE.1 is a resolution to approve amendment number two for the professional services City ofMiami Page 84 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 RE.2 08-00219 Department of Capital Improvements Program agreement with Camp Dresser & McKee for the Kinloch storm sewer improvement project. Basically, we are -- we, the City, are asking the designer to include additional work into his design, and the cost of this additional work is 600 -- $350, 000, which raises his contract from $600,000 to $950,000. Vice Chair Spence -Jones: Is there a motion on this item? Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Thank you. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING IN PRINCIPLE, THE MUSEUM PARK MASTER PLAN, AS PREPARED BY COOPER ROBERTSON & PARTNERS LLP, AND DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT OF BICENTENNIAL PARK, CREATING AN IMAGE FOR SAID PARK'S CHARACTER AND ITS CONTINUED VITALITY. 08-00219 Legislation.pdf 08-00219 Exhibit.pdf 08-00219 Summary Form.pdf 08-00219-Submittal-Miami-Dade County Memo.pdf 08-00219-Submittal-Memorandum of Understanding.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0126 Chair Sanchez: (INAUDIBLE) two-hour lunch recess. We'll go ahead and take up item number RE.2, which is the Museum Park, followed by R -- FR. 6, which is the murals ordinance. So at this time -- the City Manager is running a little late, but he has authorized the Assistant City Manager to sit in on this issue, and we do have the experts out of town that are here to address this Commission pertaining to this item, so you're recognized for the record. Ola O. Aluko: Thank you, Mr. Chair. Ola Aluko, director of Capital Improvements, the City of Miami. This -- Chair Sanchez: All right. Once again, for the record, this is RE. 2, Museum Park Master Plan. Mr. Aluko: Mr. Chair and Commissioners, this resolution is a resolution accepting and approving the Museum Park Master Plan. As you're aware, back in July -- on July 10, we were requested to hold additional public meetings prior to the presentation of the Museum Park Master Plan for acceptance before this Board. We've done such. However, to elaborate about City ofMiami Page 85 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 the meetings, I would like to ask Enrique Nunez, our City planner, to come in and elaborate on those. Enrique Nunez (Chief of Urban Design, Planning Department): Okay. Chair Sanchez: You're recognized for the record. State your name. Mr. Nunez: Yes. Good afternoon, Mr. Chairman and members of the City Commission. My name is Enrique Nunez, with the City ofMiami Planning Department. Before I introduce Cooper Robertson & Partners, I would like to provide a little background regarding this project. A public presentation of the design development drawings was held on March 21, 2007, at the Performing Arts Center's green room. As a result of that meeting, the following additional meetings were held to receive public input and in order to refine, value engineer, and reach consensus on the park design. The first of those additional public meetings was held on -- the first one was held on October 4, 2007, at the Orange Bowl Athletic Club for an open dialogue. On November 13, 2007, a second meeting was held at the Coconut Grove Exhibition Center, where ideas for refining the plan were heard. And on January 17, 2008, a presentation was made at the Miami Science Museum, which was a presentation of the final consensus plan. In addition to that, there was a presentation to the Waterfront Advisory Board on February 12, which recommended approval of the plan. At this time, it is my pleasure to introduce Alexander Cooper, partner of Cooper Robertson & Partners. Thank you, Alex. Chair Sanchez: All right. Alexander Cooper: Thank you, Enrique. I've been asked to give a very brief overview of where the design stands right now because through the process that was just mentioned, indeed, the plan did modin, substantially. It, in fact, got better and less expensive at the same time, so I'm going to show you how that happened, and we're going to start -- let's -- might as well -- John (UNINTELLIGIBLE) is going to help with this. On the screen are the two plans, the earlier one and then how it got modified on the right side. It may look similar from a distance, but in fact, I'm going to show you the details of how it got substantially different over the course of those public meetings. There are seven elements in the park. I'm going to try to go through each of those rather quickly. We have some new images that are quite beautiful that will show you how this is working out at this point, but start with the museum area. The museum area is the one that changed the least. It is the siting of the two museums with the art museum on the waterfront site and the science museum on the Biscayne Boulevard site. You'll notice that there's a road to the north between the museums and 395, which is called Museum Drive, and that is where trucks service the museums and where cars come to the parking lots that are underneath each of the buildings; and between them is a plaza which is shared, and the entrances to the museums will be from that plaza, and it's very accessible to the Metromover immediately behind it. This is the original entry on Biscayne Boulevard, between 10th and 11 th Street. There were some criticisms of this, and that has been modified to a different image. There is far less roadway in here now than there was originally. There are more trees. The water, in fact, is more organized, and the plan is now much clearer. We eliminated a rotary. And there were questions about what will the entry look like. It'll be a very dramatic way for the park to come to Biscayne Boulevard. There will be trees apparently floating in the water, and this will be lit at night. It'll be very dramatic. And this is the image from walking on Biscayne Boulevard. You will look across this water into the park. The -- there's actually a slope here where it tilts up to the top. There's a rise of about five feet from Biscayne Boulevard to the top of the park, and the trees will march right through the water. That water is a couple inches deep, so it's very shallow and decorative water; the kids will be able to play in it. If you come into the park by vehicle and take a right, there's a cluster of buildings toward the slip. There are two in particular; one is a restaurant at the bottom and the lozenge -shaped building is in fact a pavilion that houses toilets and food service and has a rental concession in it and some parks offices in it. The change that was made through the process was to the road system. The park in between got much bigger and more drop-off space City ofMiami Page 86 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 was provided for the buses that will be bringing kids to the park right at this spot, and the access to the garage underneath that green space has been simplified The terrace area, which is between the museums and the lower park, has changed very little from the original. It is the way that one gets most quickly and directly to the water from Biscayne Boulevard, and it stretches along at the front of the museums. The changes that were made were rather simple. There is less paving; there is more shade, and there's more groundcover, so it got simpler actually. And you can see the kind of planting that will be there. The royal palms on the left will march all the way down; on the right, there are small rooms with hedges and seating in there for reading and quiet contemplation. And this is the image of what that terrace is going to look like, and you can see it's -- it is rather formal on the left because it is a straight shot, but on the right, the scale of the small garden rooms is quite beautiful and you see the great lawn just beyond that. You can see to the water from the terrace as well. The clearing -- that's the word we're using for the big green space in the center of the park -- it had been criticized for being too large and not enough shade and too much paving, and all those have been adjusted. There are now many more trees, especially to the inside. The green is slightly smaller, although one can still have informal sport games in there, but it is now a much simpler walk. And that's the view once you're inside of that green space. You'll be looking out to the right toward to the gardens, and to the left are the museums, and straight ahead, you'll see the turning basin in the harbor. This is probably the biggest change that happened in the park. The original version had five different gardens that were quite complex, and the complexity was criticized, so we went and modified this to a much simpler and greener experience. There are now just three small parks, a children's and there's a palm garden and a flower garden, and a new element called a mound that you see going through the middle of the site. That's actually just a grass hill, and so we finally came to the realization you can't have a park without a hill, and so kids will be able to picnic and have, you know, wonderful times on that. Now this is a couple of images of some of the gardens, the palm garden itself and the color garden. There will be displays -- the educational purpose of many, many kinds offlowers throughout this garden. So this shows now the -- composed the two different views, the bay walk itself which is now about three-quarters of a mile long. It's a serious walk. We were originally criticized that it was too open and exposed, and in fact, now we have planted many more trees along the bay walk, and the walk is going to be probably the most beautiful experience in the park. That's an image that shows the Eagle docked on the left, and the additional row of palms, and this will be how one now goes back to Biscayne Boulevard from being out at the edge of the water. It'll be gloriously shaded the whole way. Now this -- just next to the last slide, in summary, the plan from the year '06 had a $60 million price tag, and we were directed to try to get money out of that. This plan, as it now stands, the January '08 plan, is estimated to be 40 to 45 million, a substantial reduction. One of the major ways we did that was to change materials. We had less grass. We used different kinds of paving, and we changed the palm trees. And in point offact, we took the parking garage out, which was a substantial number in the '06 budget, on the theory that the parking garage, if built, would be built by private funds on a turnkey basis, so that dropped the price down to 40 to 45 million. Now that's the construction cost and does not include any of the soft costs that would have to attend the park. So the last item on schedule, we're at a period where the design development set for the original park has to now be modified based on these changes that have been made. There in point offact, 180 drawings in that set and probably 160 of them have to be changed. We will then go into a construction document period at the end of this year, which will detail how this will actually build. It'll finish in June of '09. We are then having a bidding negotiating period If that goes well, there's no reason this couldn't start in the fall or late fall of '09 for a two-year construction period, which will be ending in 11 -- 2011, not -- it's a relatively aggressive schedule. It assumes all approvals are available and made in a timely way, but it's a schedule that can be made, and it would have the park finished slightly ahead of the museums, which I think is perfectly fine. It's -- that the park would be in place while the museums are, you know, substantially finishing their construction. So the final image shows all of the changes that have been made. The Eagle will still fit. We are very pleased that, again -- and I'll just summarize that we do think this is a much better plan and a less expensive plan, so thank you for your time. City ofMiami Page 87 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: All right. Thank you. Why don't we listen from the public. Public meeting -- public hearing is open at this time. Anyone from the public wishing to address this item, please step forward and be recognized. All right. The public hearing is closed. The item comes back to the Commission. Oh, I believe -- you wanted to speak on the item, sir? Warren Hopkins: Yes. Chair Sanchez: Okay. Mr. Hopkins: My name is Warren Hopkins, andl live at 555 Northeast 15th Street, in Miami. And I think this is a pretty nice thing because Igo by that park and I try to go fishing from time to time, and you know, a lot of people don't even go by that park, and I've seen all kinds of criticism of the park because the fact that it's occupied by the homeless. I think we all know that the homeless have to have a place to go, and that's pretty much where they hang out during the day. They're all over downtown, but they hang out there quite a lot. They fish there; they do all kinds of things. But if you build a park there -- you ever go to Philadelphia, they've got a park just like this in the center of city, Philadelphia, Big Circle, andl don't know if anybody's ever been there, but it's got all these beautiful statues, and they got some of this pretty little water down low. Who's there? Homeless laying around in there, bathing in it; pets bathing in it. It stinks and nobody wants to go there. The public doesn't use it. So the one thing want to say is, if you're going to build it, at least try to make sure that somebody's there making sure that the homeless aren't living in it because then the public's not going to use it. Another thing is, it's a nice proposal and everything. It seems like everything's good, but I didn't hear anything -- and maybe I missed it, maybe it was done at a different meeting, but I didn't hear anybody say how much was going to be given to the local community and the local businesses and things like that. I want to see, you know, somebody maybe can tell the public here today how that money is going to be spread, how much of it's going to be used with people locally, and how much of it's going to be -- Chair Sanchez: Well -- Mr. Hopkins: -- you know, that type of thing. Maybe I missed that, but -- Chair Sanchez: No. That -- Mr. Hopkins: -- my important thing is they need to have security there to make sure that the homeless don't live in that park because otherwise nobody's going to use it. That's all have to say. Chair Sanchez: Thank you. But that question, if you get with the Administration, they'll answer that question for you. It's a very valid question. Next speaker. Please state your name and address for the record. You're recognized. Gillian Thomas: I'm Gillian Thomas, from the Miami Science Museum, 3280 South Bayshore Drive. I just wanted to say that we appreciate the development of the plan, which has retained the main and very good location for the two museums, while providing a much simplified plan, which responds much more to many of the requests that have come in from members of the public, and it's also a much more realistic plan so that we're comfortable that we think this could be achieved within the time frame that's required. I'd like just to make two further comments that for this park to be successful, as the previous speaker has said, it's very important that it's fully used and the two museums are the main assurance of that happening. And the second thing is that if this could be expedited as speedily as possible, that would make a great deal of difference to the museums and of course, to the City and all its residents. Thank you. Chair Sanchez: Thank you so much. Next speaker. Anyone else? If not, the public hearing is City ofMiami Page 88 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 closed, coming back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff. I kind of laud Mr. Cooper on doing this plan. I think he listened to the community. I still have one or two fixes I'd like to talk about, but -- and it really deals with the FEC. I want to make sure that we have ample space to allow people to queue up to go on boats because I suspect this will become a true destination for a lot of large ships in the City ofMiami, andl think people from all over the southeast, and maybe even from South America, will be coming here with their ships and doing just like the Eagle did and has done. Andl applaud the City Manager, who I believe is going to be putting some bollards out there, hopefully, not waiting for the completion of the park because I don't think we need to. I think we need to encourage all the big ships, including the Eagle and the Eagle -likes to come out here to the City ofMiami and to, you know, have -- make Miami its home port, especially in the right time of the year. You know, this is a case, Mr. Cooper, where public input only made it better, and this is a case where, to the City Manager's credit, he inherited a plan. He inherited a situation that maybe a lot of people weren't all that satisfied with, and he said, you know what? Let's open up the public process, andl think you saw the number of people that came to the various processes. You'll never please everybody. This is Miami, after all. And if you please everybody, you're probably doing something wrong. You pleased about 85 percent of the people, andl really -- my hat's off to you, Mr. City Manager. You taught us a good lesson in civics. You took the ball; you ran with it, and you said, I don't care what's been done; I'm here now, and this is what we're going to go to and how we're going to enforce a public process and take some more public input. So my hat's off to you too. I really think this is a stellar plan. Chair Sanchez: All right. We need a -- Pedro G. Hernandez (City Manager): Thank you. Chair Sanchez: -- motion and a second. Commissioner Sarnoff. I'll make a motion to approve. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. I thinkl have to agree with Commissioner Sarnoff that the public input was important, andl really like what Mr. Cooper said, that it's better and cheaper. Andl was wondering if he would take Miami 21, but have a question for the Manager. And the money that is here in the project as the estimated cost in 2006 dollars, do we have that now in order to start the park project -- the park, not the museums? Mr. Hernandez: Commissioner, I believe that we have the monies in place for the design of the plan, the final design, the preparation of the construction documents, and the monies for the construction will be anticipated to come from -- that will be the Omni CRA (Community Redevelopment Agency), so that's subject to that process. So the money that we have available right now is to proceed with the design of the project with, as a matter of fact, the Cooper Robertson firm, and we plan to bring that item to you next month -- right? However -- Commissioner Regalado: So -- Mr. Hernandez: -- the construction dollars are the ones that are identified but haven't been yet totally resolved because it requires amendments to the Omni CRA. Commissioner Regalado: Okay, so it's -- this is all tied to the global agreement. If we were to City ofMiami Page 89 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 have problems with the global agreements in terms of delays, has the City explore, I don't know, the State or any other funding to at least start the park construction? Mr. Hernandez: Commissioner, we can definitely -- we're always open to look for other, let's say, funding sources, although I think that the CRA funding from the Omni, in this particular case, has a very direct nexus as it's an improvement that is going to definitely have an impact on that whole Biscayne corridor, the Omni, and even the park -- Southeast Overtown area. Commissioner Regalado: And the last question is, we -- on the documents that I have read, the museums have to come up with several millions of dollars in order to complete the project. Should there be a delay, the -- in case that everything goes well and the CRA money can be used, is there any connection of timeline between the museum construction and the park construction? Any relation in terms --? Mr. Hernandez: Commissioner, if -- let's say -- let's be on the optimistic side and say that we are on time with our project. If we are, our project should be done by the time that the Museum of Art is ready, or maybe before. Let's assume that we're ready before. Let's assume the museums are delayed. I want to ask for Mr. Cooper to help me out on this, but if the museums are not in place or are delayed, I would imagine that that would be open space, green space, that would be grassed. Mr. Cooper: Yeah. We have two points. First is that the siting of the museums themselves, up at the north edge, we had in mind at the time that if the construction was out of sync, the park at least could be finished completely and be whole, and you would have a construction fence between a completed park and the museum area so that construction could go on. Alternately, we have, in fact, calculated a price for an interim treatment of the museum sites, if they're delayed -- if construction's delayed completely, and some of it is to be grassed and some of it is to be gravel, but it would permit access to the park from the north, so there's -- there are two kinds of plans that we could do, depending upon the museum schedule. But right now, I think the -- as I mentioned earlier, an aggressive park schedule would finish in 2011, and the last I heard from, at least the art museum, was 2012, so there's going to be a delay, but the park could operate under those conditions. Commissioner Regalado: And the last question is -- Mr. Cooper, if you don't mind -- suppose that there is a year more delay of six months, that would be eighteen month and the park is done and the museums are still under construction, what can we expect in terms of construction damage, if there is any, because of the trucks and the construction equipment to the park itself? Mr. Cooper: I think the only element that would be affected, frankly, is the maintenance facility for the park, which is located north of the museums, but I think we could access that from the bay walk, as well, so I think, frankly, the museum area is quite isolated up until it starts to be used. I mean, it's absolutely necessary for the parking, which wouldn't be needed yet. The buses wouldn't be needed yet, so I think it really is quite separable. So I think the park would function perfectly. Commissioner Regalado: Thank you. Mr. Cooper: Yeah. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: Commissioner Sarnoff -- Commissioner Gonzalez: All right. City ofMiami Page 90 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: -- coming back. All right. Let me just take the opportunity to address this issue. First of all, it's been three years in the making, and finally, I think we have a final product that has made better by public input in making it much, much better, and of course, I like the word better and less expensive. But I think the opportunity that we have here in that site -- and we just have to go back to the history of that site. You know, let us learn from our lesson. The last time that the City had the courage to build a park there, they built a park that was not used; it was the [sic] waste of taxpayers' money. Everyone who drove through downtown criticized the park because it just wasn't what it really was supposed to be in the core of downtown Miami. This plan brings downtown an incredible amount of not only the revenue the site is going to bring, but people coming in now and having the opportunity to have two museums, a great park, a place of gathering, a place where downtown is our economic engine, and still, that piece of land there is underutilized by our city. So this plan, when it's all said and done -- andl have the outmost [sic] respect for all those who work on it; Cooper Robertson did a great job, the Administration did a good job putting this plan together. When this is said and done, it's going to be something that we could be very proud of in the City 'cause, ladies and gentlemen, although there's a lot of people that may not believe what the City and the County are doing -- you know, I'm a big promoter of the arts and cultural aspect of it. If we are a city that -- can you just imagine the world without music? Can you just imagine the world without art? Can you just imagine the world without drama? I mean, it would just be a plain world. And Miami, for many, many years, was just a plain city who did not focus on the aspect of arts and cultural aspect of it. We're doing that today. You could criticize and they could criticize the Performing Arts Center all they want, ladies and gentlemen, but we have a beautiful performing arts that it's known throughout the world now, and I'm sure with time, it'll get better, and you know, the greatest thing is to have a five year old or a seven year old from the inner city go and see an opera, or a play, or a ballet. You know, those are things that you don't forget your entire life. You're just like blend -- you know, you're hit with a wand that opens up your horizon to the arts and cultural aspect that we have here in the City. So this plan, when it's all said and done, it's going to be something that we could all be very proud of. And, yes, there are growing pains for a city that's only 110 years old, but if we're going to compare ourselves to great cities, not only in the United States, but throughout the world, this is a step in the right direction. So I just want to, once again, praise everyone who's worked so hard to put this together and want to show my support in supporting this resolution. So having said that, there's a motion and a second. You know, this is an item -- and some of the items that we have here should really have five Commissioners voting on it. All right. Commissioner Sarnoff. Call the question. Commissioner Gonzalez: Let's vote on it. Chair Sanchez: Call -- the question has been called. 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. Congratulations. RE.3 08-00221 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), AUTHORIZING AN INCREASE OF NOT TO EXCEED EIGHTY-TWO THOUSAND SEVEN HUNDRED AND TWENTY-EIGHT DOLLARS AND SIXTY-FOUR CENTS ($82,728.64) IN THE AUTHORIZED AMOUNT OF THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT, AS PREVIOUSLY AMENDED BY THE FIRST AMENDMENT AND THE SECOND AMENDMENT (COLLECTIVELY, THE "AGREEMENT") WITH COOPER ROBERTSON AND PARTNERS LLP (" COOPER ROBERTSON"), City ofMiami Page 91 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 FOR ADDITIONAL SERVICES REQUIRED FOR THE MASTER PLANNING OF THE MUSEUM PARK PROJECT, INCREASING THE AGREEMENT TO A TOTAL AUTHORIZED AMOUNT NOT TO EXCEED ONE MILLION, FIVE HUNDRED AND EIGHTY-TWO THOUSAND, SIX HUNDRED AND EIGHTY-THREE DOLLARS AND SIXTY-FOUR CENTS ($1,582,683.64); AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH COOPER ROBERTSON THROUGH SEPTEMBER 12, 2008 (THE "THIRD AMENDMENT), IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSES; AUTHORIZING THE APPROPRIATION OF THE AMOUNT OF SAID INCREASE FOR THE THIRD AMENDMENT FROM ACCOUNT 00001.351000.53100. 08-00221 Legislation.pdf 08-00221 Exhibit.pdf 08-00221 Exhibit2.pdf 08-00221 Summary Form.pdf 08-00221 Text File Report.pdf 08-00221 Services Agreement.pdf 08-00221 Pre-Legislation.pdf 08-00221 Recommendation.pdf 08-00221 RFQ.pdf 08-00221 Designation Status.pdf 08-00221 Text File Report2.pdf 08-00221 First Amendment.pdf 08-00221 Exhibit A-1. pdf 08-00221 Exhibit B-1.pdf 08-00221 Second Amendment.pdf 08-00221 Composite.pdf 08-00221 Text File Report3.pdf 08-00221 Text File Report4.pdf 08-00221 Master Report.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0127 Chair Sanchez: We move on to the next item. The next item on the agenda is RE (Resolution) -- Enrique Nunez (Chief of Urban Design, Planning Department): 3. Commissioner Gonzalez: RE.3, additional services -- Chair Sanchez: -- 3. Commissioner Gonzalez: -- Museum Park, right? Chair Sanchez: RE. 3 is also a resolution, and that's the allocation of $82, 000. Commissioner Sarnoff, you were the one that had some concern with this issue the last time. Commissioner Sarnoff. Correct. I'm more than prepared to move it forward. Chair Sanchez: All right. City ofMiami Page 92 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. So I'll make a motion. Chair Sanchez: There's a motion. Is there a -- Commissioner Gonzalez: I'll second. Chair Sanchez: -- second? Commissioner Gonzalez: Second -- Chair Sanchez: Okay. Commissioner Gonzalez: -- the motion. Chair Sanchez: There's a motion and a second. Why don't you go ahead and put something on the record for those that are watching on TV (Television)? Mr. Nunez: Very well. Item RE.3, this item is an increase in the previously amended PSA (Professional Services Agreement) with Cooper Robertson & Partners. The proposed third amendment for additional services, scope of work were provided under two work authorizations, totaling $82, 728.64, as requested by the City Manager. The additional services included project management, studying the relationship between the proposed museums and their impact on the Performing Arts Center, preparing montage views, which are perspectives from the bay, amending the museum area guidelines, and preparing PowerPoint presentations, boards, and exhibits. Work products were completed, delivered, and require authorization by the City Commission to increase the authorized amount of the amended PSA. Commissioner Sarnoff. All right. Public hearing is open. Anyone from the public wishing to address this item, please step forward. Seeing none, hearing none, the public hearing is closed. We come back to RE.3. It's a resolution. There's been a motion and a second. Any discussion on the item? If not, Madam Clerk, roll call. 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 adopted, 4/0. Chair Sanchez: All right. RE.4 is -- Mr. Nunez: Thank you. Chair Sanchez: -- a resolution. RE.4 comes to us, Capital Improvements -- Priscilla A. Thompson (City Clerk): It's -- RE.4 is -- Chair Sanchez: -- Program -- Commissioner Gonzalez: RE.4 -- Chair Sanchez: -- Project. Commissioner Gonzalez: -- was already done. City ofMiami Page 93 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 RE.4 08-00220 Department of Capital Improvements Program Ms. Thompson: We've done RE.4, 5. We're now on RE.6. Chair Sanchez: I apologize. RE.5, we took two hours to discuss and no action was taken on it. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 08-0027, ADOPTED JANUARY 10, 2008, TO APPROPRIATE NEW FUNDING. 08-00220 Legislation.pdf 08-00220 Exhibit.pdf 08-00220 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Sarnoff and Sanchez R-08-0125 Direction by Vice Chair Spence -Jones to the City Manager to instruct the Capital Improvements Director to provide the Vice Chair with information and guidelines regarding the financial integrity section of the CIP ordinance. Vice Chair Spence -Jones: Well, actually, RE.4. Is there anybody from? -- okay -- Capital Improvements. Ola O. Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. RE.4 is a resolution amending the capital projects appropriations for the -- for 2008. Basically, we are appropriating the funds that we receive from different agencies into the different City funds. Vice Chair Spence -Jones: Do we have a --? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: I have a motion. Commissioner Regalado: Move it. Vice Chair Spence -Jones: I have a motion. I need a second. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Great. Ola -- this motion -- this item passes. Ola, I just have one quick question for you. Based upon the financial integrity CIP (Capital Improvements Program) ordinance for quality of life funds, I just wanted to get some clarity from you regarding our quality of life dollars that we have for projects that are within our district. What is the normal step in utilizing or drawing down those dollars? Do they normally -- does it normally go in front of the Bond Oversight Board and then come to us, or how does that work? Mr. Aluko: Basically, the quality of life dollars is part of the -- it's an allocation from the City ofMiami Page 94 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Homeland Defense bond series. Vice Chair Spence -Jones: Yes. Mr. Aluko: Once the Homeland Defense bonds are accepted by the Commission, a certain amount of quality of life is divided upon the -- divided with -- Vice Chair Spence -Jones: Amongst the five of us. Mr. Aluko: -- exactly, among the five Commissioners. Vice Chair Spence -Jones: Right. Mr. Aluko: What we will do is we will present all of the Homeland Defense bond projects to Commission, and at that same time, we will appropriate the required amount of dollars. In that case, I believe it was $5 million at the time it was done -- Vice Chair Spence -Jones: Yeah. Mr. Aluko: -- to Commission. Now, if the Commissioner wanted to use his or her QL (Quality of Life) funds, she or he will direct the Manager that I would like to use "XYZ" amount of monies for a particular project, and at that time, staff will allocate those funds to that project, and we will take the project before the Bond Oversight Board. Vice Chair Spence -Jones: Okay. Mr. Aluko: Once the Bond Oversight Board approves of the project, then we will implement the project. Vice Chair Spence -Jones: Okay. So after the Bond Oversight Board approves it, then it comes to -- Mr. Aluko: It goes straight to implementation. Vice Chair Spence -Jones: Okay, so it does not have to come to the City Commission. Mr. Aluko: No. Vice Chair Spence -Jones: I just want to have clarity on it. Mr. Aluko: No, it doesn't. The allocation -- Vice Chair Spence -Jones: Okay, so -- Mr. Aluko: -- was already approved, but the actual project is approved by the Bond Oversight Board. Vice Chair Spence -Jones: Okay, so in the financial integrity section of the CIP ordinance on this issue, the financial integrity in -- Mr. Aluko: I'm hearing you. Vice Chair Spence -Jones: Right. Can you --? Mr. Aluko: I don't have that document with me, Commissioner. City ofMiami Page 95 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: If you can provide that information with me -- Mr. Aluko: Okay. Vice Chair Spence -Jones: -- I would definitely want to see because I'm under the understanding, based upon the financial integrity portion of that ordinance, the CIP -- Mr. Aluko: Okay. Vice Chair Spence -Jones: -- ordinance -- Mr. Aluko: Very well. Vice Chair Spence -Jones: -- that the steps are it should go in front of the -- Mr. Aluko: The BOB (Bond Oversight Board) and then Commission. Vice Chair Spence -Jones: -- Bond Oversight Board and then it comes to the City Commission for final approval for any projects that are taking place. Mr. Aluko: Very well. Vice Chair Spence -Jones: If you could just provide me with that information, I'd greatly appreciate it. Mr. Aluko: I will do so. Vice Chair Spence -Jones: And thank you for a job well done on everything else. Mr. Aluko: Thank you very much. Vice Chair Spence -Jones: All right. RE.5 08-00077 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE Purchasing RECOMMENDATION OF THE CITY MANAGER, APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR QUALIFICATIONS ("RFQ") NO. 31027, TO ACCEPT THE SUBMITTALS OF THE VARIOUS PRE -QUALIFIED CATERING FIRMS AS LISTED ON "ATTACHMENT A," DEEMED QUALIFIED UNDER THE MENU CATEGORIES AS SPECIFIED IN "ATTACHMENT A," TO PROVIDE CATERING SERVICES CITYWIDE, ON AN AS -NEEDED BASIS, FOR A BASE TERM OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER, IN ACCORDANCE WITH THE RFQ ,TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. City ofMiami Page 96 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00077 Legislation.pdf 08-00077 Summary Form.pdf 08-00077 List of Caterers.pdf 08-00077 Memo.pdf 08-00077 Qualifications.pdf 08-00077 Pre-Qualification.pdf 08-00077 Award Recommendation.pdf 08-00077 Pre-Qualification2.pdf 08-00077 Request for Qualification.pdf 08-00077-Submittal-Supplier List.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado Direction by Vice Chair Spence -Jones to the City Manager to bring back, at the next City Commission meeting, a revision of the catering services resolution that includes the additional catering companies from the prequaled list. Direction by Vice Chair Spence -Jones to the City Manager to instruct a representative from the Economic Development Division of the Department of Community Development to work along with the Purchasing Department to conduct an outreach process to bring in additional catering companies to participate in this process. Direction by Commissioner Gonzalez to the City Manager to provide the Commissioner with a detailed report of every party held in the City last year and the amount of funds expended on each party; further, directing the City Manager to provide the Commissioner with a list of the companies in the City ofMiami utilized for automobile paint and body work. Vice Chair Spence -Jones: All right. We're going to move on to the next item, which is RE.5, catering services citywide. Commissioner Gonzalez: Well, RE.5, I had a problem the last time it came before us, and my problem was that there was no company in the City ofMiami, and still, they insist that there is no company inside the City limits that provide catering service, andl can't understand it. Commissioner Regalado: They add one, but it's farther. Vice Chair Spence -Jones: Mr. Glenn -- Commissioner Regalado: You know, Madam Chair -- Vice Chair Spence -Jones: Yes, sir. Commissioner Regalado: -- I don't understand this. This been for like a month, right? Didn't anybody could find one or two or three, you know, possible -- or if we can't -- if you can't find it, if you cannot find it, if they didn't apply, then the item should have appear here. Let's do a new RFP (Request for Proposals) and invite all the -- but you keep insisting like if we would forget. Commissioner Gonzalez: right. Commissioner Regalado: And we won't forget. You know, you're going to bring it back next month, the same -- with the same addresses, and we're going to keep doing -- meanwhile, you keep buying from what you have, which maybe, that's what you want. I don't understand because it doesn't make sense that the five members of the Board specifically said you need to City ofMiami Page 97 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 bring and none has appeared. Either we have a serious problem in the City ofMiami because we don't have business -- Commissioner Gonzalez: Catering companies. Vice Chair Spence -Jones: Commissioner -- Commissioner Regalado: -- catering company. I mean, either we need to go to the Beacon Council -- Commissioner Gonzalez: Right. Commissioner Regalado: -- and lobby for money to bring catering companies, I mean, to Allapattah and -- I mean, I don't understand what is going on in here. Glenn Marcos (Director, Purchasing): Commissioner -- Vice Chair Spence -Jones: Just real fast. I just -- Commissioner Gonzalez, you have anything you want to add to --? Commissioner Gonzalez: No. I'm on the same line that Commissioner Regalado is; that, you know, if we can't find anybody, let's do a new RFP and make sure that we invite everybody to participate. Vice Chair Spence -Jones: Let me just add on this. I can't really see what -- say what anybody else has done, but I do know, from my perspective, my office has been actually pushing very hard to get people to come in based upon -- I believe you've advertised this for the second time around, correct? Mr. Marcos: Commissioner, what I do have in front of me is a list of 44 local companies that have we -- we have reached out to. The qualification ends up closing, that deadline for qualification to be submitted closes next Thursday. I have a list here that can provide to you that we have identified 44 local caterers, possible local caterers. Again, like I mentioned before, you cannot force anybody to submit their qualifications, but we are doing our best as far as doing a tremendous retail effort to these caterers. I have the list. I have copies for all of you. You can go ahead and review the list. We will continue to end up reaching out to the local community, but right now we have identified 44. Chair Spence -Jones: Commissioner Sarnoff, do you have a comment? Commissioner Regalado: I -- Vice Chair Spence -Jones: Oh. Commissioner Regalado: -- ifI may, just -- Vice Chair Spence -Jones: I just saw his hand up. I didn't -- Commissioner Regalado: The list I have -- Vice Chair Spence -Jones: Okay. Commissioner Regalado: -- it's prequalf, right? Mr. Marcos: The list that you have are prequalified. Those are the ones that they initially City ofMiami Page 98 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 submitted their qualifications and the committee has qualified. Now we're reaching out once again to local caterers so they can submit their qualifications. The evaluation selection committee reviews those qualifications, and then we will qualin, them -- Commissioner Regalado: Why -- Mr. Marcos: -- on an as -needed, when -needed basis. Commissioner Regalado: -- do we need to vote in something that is not complete? I mean, what is the sense in voting for what -- we're voting for this list, not for the list of 40. We're voting for one in 17th Avenue, North Miami, North Miami Beach, another one in North Miami Beach, another one in North Miami Beach, the same one in North Miami Beach, another one in Westchester, another one in North Miami -- the same in North Miami Beach, the same in Westchester, the same in North Miami Beach, one in Coral Gables, one -- and the same in Coral Gables, one in Westchester. Tell you what -- Mr. Marcos: Let me -- Commissioner Regalado: -- I'm going to move to either North Miami Beach or Westchester so I can get good cateringfrom -- I mean, is this the only place where they have good catering companies? Pedro G. Hernandez (City Manager): Commissioner -- Commissioner Regalado: I understand that you cannot force anyone to apply, but it doesn't make sense that we vote on a list that is prequalf and you tell us that there are 40 locals that you're thinking in qualifying. Well, when you qualin, them, you come back and we vote. Mr. Marcos: Commissioner, the actual catering needs, that doesn't go away. Those catering needs are still here, and departments continue to end up requesting for those catering needs, so we do need a catering contract. When it comes to the list that you're voting on, yes, you are voting on that list today, but you also are voting on the fact that you're giving the City Manager the authorization that we can continue to add on vendors to the actual contract. So be mindful of the fact that you're voting for that list, but you're also voting on allowing us to expand the list so we can have local vendors to be added on an as -needed basis. But the catering needs of the City doesn't go away, so if the Commission -- if it's the Commission's will that you don't want to vote on this contract now, all I'm going to tell you is is that whenever the request comes into my office, the answer's going to be no. Vice Chair Spence -Jones: Commissioner Sarnoff, do you have a comment? Commissioner Regalado: And the world would end. Mr. Hernandez: No, sir. Commissioner, ifI may. I think it's important to note that this is a -- an open pool, right, Glenn? We're qualfing -- prequaliing for an open pool so we can continue to add catering firms at any time; can we? Commissioner Regalado: Yeah, but -- Mr. Marcos: That's correct. Commissioner Regalado: -- Mr. Manager, listen. Mr. Hernandez: So -- City ofMiami Page 99 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: I want to understand something. Remember the Christmas party -- 'cause I'm a very simple person. Remember the -- andl am not that intelligent, like all of you. Remember the Christmas party? We were asked by the Mayor and by the Manager's office to bring food We were never told that we need to pick the catering service from any certain catering business. Was that an oversight, or --? I did not use City fund because I happen to had this guy that this (UNINTELLIGIBLE) very good, and we pay it from my pocket. But the question is, how 'bout ifI wanted to say, okay, I am going to get the food as the Manager and the Mayor requested; go out and buy a paella or something, or somebody that buys a paella. In the rush, I will tell the guy, okay, I will pay you later with funds from our office because I wasn't told that needed to use this prequalf from North Miami or prequalf from North Miami Beach, and then -- I would be in violation of the procurement list. So you put us in a very difficult position by not telling us that we needed to use certain catering agencies that were approve by the procurement process. Mr. Marcos: You would have never had that information 'cause that contract was not in effect. That's why we're here today is for you to go ahead and approve that contract. Commissioner Regalado: Then at Christmas it was a free-for-all? Mr. Marcos: No. There's -- Commissioner Regalado: You can buy from anywhere? Mr. Marcos: -- no free-for-all here at the City ofMiami, Commissioner. Commissioner Regalado: Okay. What contract was on on Christmas? Mr. Marcos: In the -- during the Christmas event, it's my understanding that they would -- they had to go to an -- through an informal competitive process, meaning that that actual procurement fell under $25, 000, and that there was -- Commissioner Regalado: The guy -- Mr. Marcos: -- still -- Commissioner Regalado: -- that did the tamales for me didn't participate in any informal -- so you explain to me. Rules are here to comply for everyone all the time, so rule -- it's okay if sometimes we don't follow the rules or we don't comply with the rules. That is my point. Your point is that you just said that if we don't approve this, there's not going to be any pastellitos for anyone in the City ofMiami. Commissioner Gonzalez: No food. Everybody will go -- Commissioner Regalado: No food. Commissioner Gonzalez: -- on a diet. Commissioner Regalado: Actually -- Mr. Marcos: I can -- Commissioner Regalado: -- it's a good idea because, I mean, it's Lent and we should fast, but you just said -- and that's incredible. And when we were asked to bring food, no one told us that we have to go through a competitive informal process, so what is wrong here with this picture? City ofMiami Page 100 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Marcos: Commissioner, at that particular point in time when you had the need of catering services, we continue to do a spending analysis to see whether the same needs are being purchased time and time again, okay? When you end up -- when the City, in its entirety, comes up to $25, 000 in buying the same needs -- and in this case, it's catering -- then it's our job in procurement to end up having a contract in place, taking that catering need away from the open market and putting it under contract, and that's what you have here today. Commissioner Regalado: So I got the -- I got a solution to all your problems. If we have a really, really, really big dinner, steak dinner before we approve this, whenever the Commission decides, you just buy $24,999 in food and you won't have any problem. See, because this is wrong. Let me tell you why this is wrong. Let me tell you why you are putting this Commission in harm's way. You're asking us to vote what the public will know and give them all the business of the City ofMiami, and that will be the perception to firms and businesses outside of the City of Miami, which goes against the philosophical idea of this Commission, that we should help the people that we tax. And then we say, but we trust the City Manager, with his wisdom, that he will be able to incorporate here and there the business, but at the end of the day, history will say -- if history ever will record catering services -- that the City Commission gave all the contracts to business outside the City ofMiami, and this is why I cannot vote for this. You want to put it to a vote? Fine. I'll vote no because, philosophically, it's wrong. You're putting this Commission in a very difficult position to trust the City Manager -- and we do that -- but to publicly approving something that goes against the will of this City Commission, which is help the people that pay taxes in the City ofMiami. That's all -- Vice Chair Spence -Jones: Commissioner -- Commissioner Regalado: -- I'm saying. That's all I'm saying. Vice Chair Spence -Jones: -- Regalado, are you -- is -- are you making a request for the Procurement Department to put the bid back out, to put it out again? Is that -- Commissioner Regalado: No. I'm making -- Vice Chair Spence -Jones: -- your recommend --? Commissioner Regalado: -- a request that if we vote, I'll vote no. Vice Chair Spence -Jones: Yeah, but -- okay. But we want to find -- we want -- but the issue, though, Commissioner Regalado, we do want to find a -- we want to resolve the issue. I mean, the reality is, Parks Department does have events. Commissioner Regalado: Look, it's very easy. It's very easy. He just gave you and gave me a list. When you finish with this list, you come back, and until now, no parties. Vice Chair Spence -Jones: Okay. So, Commiss -- so I just want to be clear because, again, we're trying to find a solution to the issue. Is it your recommendation that Mr. Marcos puts the RFP out again to ensure that we have --? Commissioner Regalado: No, no, no, no, no. He just said that he's looking for prequalin, 40 local companies to see if they quali. When he does that, he could bring the list and say to the members of the City Commission, we have prequalified -- Vice Chair Spence -Jones: So -- Commissioner Regalado: -- 20 in the City ofMiami -- City ofMiami Page 101 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Marcos: Yeah. Commissioner Regalado: -- so you can vote. If we vote now, I'll vote no. Vice Chair Spence -Jones: Okay, so Commissioner Regalado -- are you hearing his -- hearing Commissioner Regalado's request? He's asking that you take this existing list that you have now, maybe bring it for the next Commission meeting, Glenn, to include a list of 20, 30 prequaled people, and then at that point, then he'd be willing to support it. And let me just add -- I mean, I don't disagree with what Commissioner Regalado nor what Commissioner Gonzalez is saying about how important it is for us to support local businesses in the area. I do know, though -- you know, and this is the truth. It is extremely difficult to get these small businesses or these catering companies in our communities to become vendors or to be a part of the City system because it is very -- it's extremely difficult to do business with the City a lot of the times. Commissioner Gonzalez: I know it is. Vice Chair Spence -Jones: So it's not even about the procurement process. Glenn can work very hard to get them in, but then the reality is, a lot of these companies cannot afford to wait a certain period of time before they get paid for a lot of these projects. So a lot of times when you see, you know, a resistance of caterers or companies wanting to come forth, it's really because, at the end of the day, they don't want to wait 60 days, 90 days, six months to get paid. So -- and I know for a fact the Parks Department does events almost every month in all of our districts, and they have to feed children, families, or support programs, so I understand the frustration that Glenn has because they are going to be knocking, andl see Parks -- Zack sitting right in front of me from the special events department. They're going to be knocking on the door saying, hey, we have these activities coming up, and we can't, you know, fund the catering portion of this so we can't do it. So I'm just going to make this suggestion, Glenn, so that we can move on off of this item. I would like to see that -- or at least direct the City Manager to bring back, at the next City Commission meeting, the revision on this, which will include the extra 20, 30 names added to the list, andl think that you would definitely have the support. We have -- both of us, Commissioner Gonzalez and myself, have grand openings for our park in May, which I'm sure that all of the community is going to come out. Yours is Memorial Day Weekend; mine is the first week in May. I do not want to be in the position where we're not able to do the activities in a big kind of way because we don't have anyone on-line to cater those events, so I'm going to ask -- and I don't know if you -- if there's some support for that, that you please come back at the next City Commission meeting with a prequalified list along with this item. Mr. Marcos: Commissioner, I'll -- you know, my office will continue to try its best to qualify the caterers, but I can't walk away from this podium to the number of 20 to 30. I can't guarantee you what the number's going to be. Vice Chair Spence -Jones: Okay. Mr. Marcos: What can go ahead and guarantee you is is that we're going to continue to work with our local vendors to, you know, get them under this contract. Obviously, it would behoove the City to have local vendors. Vice Chair Spence -Jones: Yes. Mr. Marcos: I mean, they're going to be right in our neighborhoods. Vice Chair Spence -Jones: Yes. Mr. Marcos: They can get to these events a lot quicker than any other caterers. City ofMiami Page 102 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Yes, I agree. Mr. Marcos: So it would just be reasonable to think that way. Vice Chair Spence -Jones: And let me just add -- Commissioner Gonzalez: I'm sorry. No, go ahead. Vice Chair Spence -Jones: Let me just add too, Glenn. Andl know that, you know, your department, period, and you are a upright guy, and you're going to try to do whatever it takes to make sure it's done right, and we appreciate that and value that in you as an employee. So by all means, we know that if you have your hands in it, it's going to be done right and correctly, so I don't think that that's what this is about. At the end of the day, I think that all of us, as City Commissioners, we just want to be in a position that if there is a local caterer in our communities, they have the opportunity to participate. I would like to direct the City Manager, if I can, to ask maybe a representative from the Economic Development Department or somebody like that -- or excuse me, Economic Development Office in Community Development, to work along with Procurement to maybe do some sort of serious outreach to get those businesses and those caterers to -- in those -- in all of our communities to participate in this, so maybe, perhaps, that assistance can help you. So -- Mr. Hernandez: Madam Chair -- Vice Chair Spence -Jones: -- Mr. City Manager -- Mr. Hernandez: -- we'll -- Vice Chair Spence -Jones: -- can you, please -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- step in to -- Mr. Hernandez: Yes, and we'll -- Vice Chair Spence -Jones: -- get that department --? 'Cause -- Mr. Hernandez: -- take this list -- Vice Chair Spence -Jones: -- that's really what their focus should be. Mr. Hernandez: Yes, I will. Vice Chair Spence -Jones: Okay. Mr. Hernandez: And we'll take this list back and make the best possible efforts to try to have the largest numbers of local firms. I think that, yes, we would like to ideally have all the firms be local, but we'll do the best we can in bringing you as many local firms, catering companies as we can. Vice Chair Spence -Jones: No problem. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: I have a couple of questions and a couple of comments. One, you mean that if we don't approve your item, there will be no more parties in the City ofMiami? City ofMiami Page 103 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Marcos: One of the things that I would want to go back to was Regalado went ahead and mentioned -- Commissioner Regalado went ahead and mentioned about the fact that you can get a caterer for twenty-four thousand and change and we will issue a PO (Purchase Order). No. The essence of the matter is is that -- the spending analysis is, Commissioner Gonzalez, that if you have 10 to 15 catering events and it adds up to $25, 000, at that particular point in time, we are obligated to put a formal bid out there so we can have a contract. Commissioner Gonzalez: IfI -- if one particular Commissioner has three events, right, that add up to 25,000, but let's say that I have an event -- first of all, how much did we spend in every party that we throw here? Because that -- now I'm curious. Now I'm curious to know how much money we're spending in parties. Mr. Marcos: I mean, it all depends on how many people we're serving. I mean, that number, I wouldn't be able to go ahead and provide to you. Commissioner Gonzalez: Because you throw a $25, 000 figure. Mr. Marcos: Twenty -- when I say $25, 000, Commissioner, it's actually -- the spending analysis is done citywide. Commissioner Gonzalez: You know what? Mr. Manager, I want a complete detail of every party that we had in the City throughout last year and how much we spent in each party, all right? I want that information. Another information that I want in reference to procurement, I want to know how many companies do we utilize in the City ofMiami for automobile body work and paint shop -- paint jobs and all that? Mr. Marcos: Okay. I mean, that, I would have to -- Commissioner Gonzalez: Okay. Mr. Marcos: -- come back. Commissioner Gonzalez: I also want a list of the company -- because we -- I don't know how many you have in your district, butt have a whole bunch of body shops in my district -- Vice Chair Spence -Jones: I have -- Commissioner Gonzalez: -- okay? Andl don't see a City car in any of my body shops in the City ofMiami. And as a matter of fact, some of them do work for the County, and they don't do work for the City, so I want a list of the body shops and paint shops that we use in the City ofMiami. All right. The other issue is that I agree with you, Commissioner Spence -Jones, that we make it very difficult for a small business to do business with the City, but it is our obligation, as representative of this -- of the citizens and businesspeople of this area, of this City ofMiami, to make sure that our Administration work with the small business because we're here proclaiming everyday that we need to have more jobs for minorities and more jobs and more jobs, but on the other hands, we're not doing anything to -- you know, to get the more jobs. So if the small businesses are having problems doing business with the City ofMiami, we need to find the way to make sure that we make the City accessible to those small business that, in fact, provide the jobs in our community, in our city. We have to sit down with the Administration and make sure that they do their diligence to work with the small businesses instead of keep, you know, doing -- sending every job outside the City limits and sometimes outside the County. Vice Chair Spence -Jones: Mr. Chairman, I just want -- again, I just want -- I totally agree with all three things that you said. I just want to add -- and let's be very clear. Procurement has the responsibility to only make sure that you put the information out, to collect that information. The City ofMiami Page 104 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 reality is a lot of times, once it actually comes in-house, and these smaller businesses that we're talking about actually get funded or get a gig or is hired by the City, it's another department that's responsible for paying them, which is a whole nother animal, so then you start having people calling you and everybody else because that particular department has not paid them, which has nothing to do with Procurement paying them. So I just want to be very clear, Mr. City Manager, from my perspective. I think that we all have things that are coming up within our parks, within our areas for our communities. I think it's important to bring the item back, and if you can have the Economic Development person in CD (Community Development) work along with us -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- to identify those businesses. I have a list of caterers that have already been turned in to Glenn, and it is extremely difficult for us to get them. They might give us their names, but their follow-through has not happened, but we will work hard on our side to make sure that that happens from District 5. So I just wanted to make sure we get Economic -- your Economic Development person in CD to work with us on doing that. Mr. Hernandez: We will, Commissioner. My -- Commissioner Gonzalez: Last -- Mr. Hernandez: -- understanding -- I'm sorry, Commissioner. Commissioner Gonzalez: -- question. IfI have to have the ribbon -cutting at Grapeland, andl don't -- and this item hasn't been approved yet, ifI pay the expenses through my office budget, do I have to go through Procurement or --? Mr. Hernandez: I -- Vice Chair Spence -Jones: Yeah. Mr. Hernandez: Glenn, is there a way that we can handle -- Commissioner Gonzalez: Using my own -- Mr. Hernandez: -- single events? Commissioner Gonzalez: -- money? Mr. Marcos: The Procurement Code says that regardless of the sources of funds -- Vice Chair Spence -Jones: We still have to do it. Mr. Marcos: -- you have to go through a competitive process. Commissioner Gonzalez: Well, I guess then I will have a ribbon -cutting without any food Mr. Hernandez: Glenn, if you have a -- one or two special events, can we do a separate informal process, contact -- Commissioner Gonzalez: No problem. Mr. Hernandez: -- half a dozen firms -- City ofMiami Page 105 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. It's even if you use your own funds. Mr. Hernandez: -- and do it? Commissioner Sarnoff. But you didn't know that. Mr. Marcos: Mr. City Manager -- Commissioner Sarnoff. You didn't know that. Commissioner Gonzalez: No. Commissioner Sarnoff. I've learned that. Chair Sanchez: All right. Listen, are we going to vote on this item? Mr. Hernandez: I just wanted to have -- Chair Sanchez: Yes or no? Commissioner Gonzalez: No. I'm going to -- Chair Sanchez: No, no, no, no, no. We've been -- listen, this catering stuff -- I mean, I lost my appetite. I mean, you've been at it -- last time we debated for an hour -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- I walked away, had a couple of meetings, came back, you're still on this item. Are we prepared to vote on it or not? Vice Chair Spence -Jones: I think -- Commissioner Gonzalez: I'm ready to defer. Chair Sanchez: Okay. There's a motion to defer. Is there a second? Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: I mean, to continue it. To continue. Chair Sanchez: Sec -- to continue. There's a motion and a second. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: All right. The item has been continued to the next Commission meeting. We stand in recess for lunch. We'll be back at 2 o'clock. RE.6 08-00210 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Information INCREASE TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT Technology ("AGREEMENT") WITH ORACLE CORPORATION ("ORACLE"), PURSUANT TO RESOLUTION NO. 04-0508, ADOPTED JULY 22, 2004, FOR ADDITIONAL SUPPORT AND MAINTENANCE, FOR ORACLE'S City ofMiami Page 106 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 ENTERPRISE RESOURCE PLANNING APPLICATION, DATABASE, TOOLS, AND SOFTWARE, IN THE AMOUNT NOT TO EXCEED $492,000, THEREBY INCREASING THE TOTAL AGREEMENT AMOUNT FROM $1,009,320 TO $1,501,320; ALLOCATING FUNDS FOR SAID INCREASE, FROM VARIOUS CAPITAL IMPROVEMENT PROJECT ACCOUNTS, FROM THE OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, AND VARIOUS DEPARTMENTS CITYWIDE SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00210 Legislation.pdf 08-00210 Summary Form.pdf 08-00210 Ordering Document.pdf 08-00210 License & Rules.pdf 08-00210 Pre-Legislation.pdf 08-00210 Pre-Legislation2.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-08-0128 Chair Sanchez: RE. 6. RE.6, Department of Information Technology. Peter Korinis: Good afternoon, Commissioners. Peter Korinis, Chief Information Technology Officer. As you know, we've been modernizing our computer systems for several years now. The goal is to reduce the risk to the City of the old, sometimes 10- to 15 year -old systems, and to have an opportunity to improve services with better methods and new technologies. Major projects we've done have included our public safety 911 dispatch system, land management, Code enforcement, GIS (Geographic Information System), and the most recent one is our ERP (Enterprise Resource Planning) system, which is a complete modernization of our back office, if you will, processes, such as Finance, Purchasing -- we have yet to do Human Resources and Payroll and Budget. Our new Finance system and Purchasing system have been operation now for 18 months, and we're having success with that system from Oracle Corporation. Oracle Corporation provides maintenance service, fixes to problems that we ident, as well as provide new products. This resolution requests an additional authorization of $492, 000 to pay for the next 18 months worth of this contract support service from Oracle. The money is in the IT (Information Technology) operating budget for the year. It's been programmed. We spend approximately $320, 000 a year on this service. It's a critical system, andl request your approval to at least have -- Commissioner Gonzalez: So this amount was already budgeted? It's in -- Mr. Korinis: Already -- Commissioner Gonzalez: -- your budget? Mr. Korinis: Yes, Commissioner, already in the budget. Commissioner Gonzalez: All right. I'll move the resolution. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, it's a City ofMiami Page 107 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 RE.7 08-00238 District 2- Commissioner Marc David Sarnoff resolution. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Madam Clerk, we're on RE.6. It's a resolution. 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." Motion carries. RE.6 has been approved by the Commission. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF THE PAWN SHOP LOUNGE, LOCATED AT 1222 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, KARU & Y RESTAURANT, LOCATED AT 71 NORTHWEST 14 STREET, MIAMI, FLORIDA, AND AT ICE PALACE, LOCATED AT 59 NORTHWEST 14 STREET, MIAMI, FLORIDA, TO ACCOMMODATE THREE VENUES ASSOCIATED WITH THE WINTER MUSIC CONFERENCE, FROM 5:00 A.M.-7:00 A.M. ON TUESDAY, MARCH 25, 2008, THROUGH SATURDAY, MARCH 29, 2008, AND FROM 5:00 A.M. -12:00 P.M. ON SUNDAY, MARCH 30, 2008, PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." 08-00238-Legislation-SUB. pdf Motion by Commissioner Sarnoff, 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-08-0129 Chair Sanchez: Okay. RE.7. RE.7, Commissioner Marc Sarnoff, that's an item from your district. Extending the hours of sale for alcohol beverages for consumption on the premises of the Pawn Shop Lounge. Commissioner Sarnoff. Okay. That must sound worse than it really is. I think this is a -- for Karu & Y, andl think this is an issue that comes about. It's the special event that they do every year. It's for the Winter Music Conference. It's been done every year, I've been told, for the past number of years. You know, I ask the fellow Commissioners to approve it. It's never had a problem in the past; we checked. So I'll make the motion. Commissioner Gonzalez: I'll second the motion. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. It is a resolution. Anyone from the public wishing to address this item, please step forward and be recognized. The open -- the meeting has been open; the public hearing has been closed; coming back to the Commission. No further discussion. It is a re -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. We do -- we did receive a substitute for this one, RE.7. Chair Sanchez: I'm not aware of a substitute. Vice Chair Spence -Jones: Yeah, there was. City ofMiami Page 108 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: There is a substitute? All right. What -- could you just -- somebody state on the record what has been amended? What's the substitution? Ms. Thompson: I don't know the details. We got this from the Law Department. Maybe some -- Maria," Chiaro (Interim City Attorney): I don't know what the changes are. Commissioner Sarnoff. You want to -- Rosario Kennedy: Mr. Chair. Chair Sanchez: Well -- Ms. Chiaro: You want to pull it? Chair Sanchez: -- you know, this is -- Ms. Kennedy: There is no substitute. It's just clarification of the language. Rosario Kennedy, with offices at 2645 South Bayshore Drive. It's a yearly event that is something that the City looks forward to. It brings in a lot of people from the music industry, and we're just extending the liquor license waiver from -- for those two days until Sunday, March 30, at 12 noon. Commissioner Sarnoff. What is --? Ms. Kennedy: It was done exactly the same last year. Commissioner Sarnoff. No. But his question to you is why is there now one being handed out to the Commission right now? Ms. Kennedy: You have to ask your office -- Ms. Chiaro: Let me -- Ms. Kennedy: -- Commissioner Sarnoff but we -- Ms. Chiaro: -- try to clarify for the record. The original item was submitted and the way the hours were designated, it wasn't clear that it wasn't continuous Tuesday through Sunday. So -- Ms. Kennedy: Okay. Ms. Chiaro: -- when we saw that, we clamed that language. So it's -- Commissioner Sarnoff. So the correct reading is -- Ms. Chiaro: The correct reading is -- Commissioner Sarnoff. -- Tuesday, March 25 -- Ms. Chiaro: -- the way the substitute item -- Commissioner Sarnoff. -- 2008 -- Ms. Chiaro: -- is now. City ofMiami Page 109 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. -- through Sunday, March 30 -- Chair Sanchez: March 29. Commissioner Sarnoff. -- 2008, from 5 a.m. -- Chair Sanchez: From 5 a.m. Commissioner Sarnoff. -- to 7 a.m. Chair Sanchez: Okay. That's fine. Ms. Kennedy: From 5 a.m. to 12 o'clock noon. Chair Sanchez: All right. But that's all. The only issue is -- Ms. Kennedy: That's all. Chair Sanchez: -- that -- Ms. Kennedy: That's it. We do it every year. Chair Sanchez: I know. But, hopefully, you don't do this every year where you give us a substitute at the last second, so that's -- I just wanted to clam that. Ms. Kennedy: Okay. Chair Sanchez: I'm okay with it now. I don't have a problem. Ms. Kennedy: Right. Thanks. Appreciate it. Chair Sanchez: All right. No further discussion on the item. As amended, for the record. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It carries. RE.8 08-00248 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF GEORGE LANE BRADFORD, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $116,286, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00248 Legislation.pdf 08-00248 Cover Memo.pdf 08-00248 Memo.pdf City ofMiami Page 110 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 RE.9 08-00241 Department of Fire -Rescue Motion by Chair Sanchez, 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-08-0130 Chair Sanchez: Moving along, we go to RE (Resolution) -- Priscilla A. Thompson (City Clerk): 8. Chair Sanchez: -- 8. RE.8, the Legal Department. It's a settlement. Maria J. Chiaro (Interim City Attorney): RE.8 is a settlement of a workers comp claim. This is a retired police officer. We are settling everything except that which we cannot settle statutorily, and that is under the Heart bill. I believe each of you have been briefed on this item. Chair Sanchez: So move. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATION #1 TO THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO EXTEND THE URBAN AREA SECURITY INITIATIVE ("UASI") PROGRAM III (FISCAL YEAR 2006) ORIGINAL AGREEMENT, TO JUNE 30, 2009, PURSUANT TO RESOLUTION NO. 06-0668, ADOPTED NOVEMBER 9, 2006; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID GRANT AWARD AND TO EXECUTE ANY OTHER RELATED AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON THE FUNDING OF THE PROJECT BEING SECURED IN THE FORM OF GRANTS, FROM THE OFFICE OF GRANTS AND TRAINING THROUGH THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT. 08-00241 Legislation.pdf 08-00241 Exhibit.pdf 08-00241 Summary Form.pdf 08-00241 Master Report.pdf 08-00241 Pre- Summary Form.pdf 08-00241 Pre-Legislation.pdf 08-00241 Agreement.pdf 08-00241 Memo of Agreement.pdf 08-00241 FY 2006.pdf City ofMiami Page 111 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 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-08-0132 Vice Chair Spence -Jones: Okay. We're going to move on to item number 9 [sic]. Is the Administration ready to --? Chair Sanchez: I move that item. Can we do something before --? Can I take back the gavel? Vice Chair Spence -Jones: Sure. Chair Sanchez: I'm sorry. Vice Chair Spence -Jones: No problem. [Later...] Chair Sanchez: All right. Let's go to the board appointees. Let's go BC.1, Equal Opportunity -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Just a question. Do you want to finish your REs (Resolutions)? Vice Chair Spence -Jones: RE.9. Pedro G. Hernandez (City Manager): Yes. We -- Chair Sanchez: Yeah. Let's go to RE.9. Mr. Hernandez: -- have RE. 9 and RE.10. Chair Sanchez: All right. Try to make some progress here. I think there was a motion -- I made a motion for RE.9. Ms. Thompson: You started off. Chair Sanchez: I started off with a motion. I still -- well, I need a motion. Commissioner Sarnoff. So move. Commissioner Gonzalez: I'll move RE.9. Commissioner Sarnoff. So -- Commissioner Gonzalez: Second. Chair Sanchez: Commissioner Gonzalez moves the item; Commissioner Sarnoff seconds the item. Just put something on the record. I know this is a grant. Deputy Chief Maurice Kemp: Maurice Kemp, deputy Fire Chief. It's a resolution authorizing the City Manager to extend the 2006 UASI (Urban Areas Security Initiative) grant award until June 30, 2009. Chair Sanchez: I don't think we've ever turned away any grants. All right. There's a motion City ofMiami Page 112 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 RE.10 08-00271 District 2- Commissioner Marc David Sarnoff and a second. It is a resolution. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. No discussion on the item. Madam Clerk, RE.9 is a resolution. 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 WAIVING THE FEES FOR THE USE OF THE PARKING LOT AT MARINE STADIUM FOR THE MIAMI INTERNATIONAL TRIATHLON ON SUNDAY, MARCH 16, 2008. 08-00271 Legislation.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-08-0133 Chair Sanchez: RE.10. Commissioner Gonzalez: Move RE.10. Chair Sanchez: Okay. Vice Chair Spence -Jones: Second. Chair Sanchez: RE.10 is a resolution waiving the fees for the use of the parking lots at Marine Stadium for the Miami International Triathlon. This item is being sponsored by Commissioner Marc David Sarnoff. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff [sic]. Discussion on the item. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. I want to thank Commissioner Gonzalez for his support. No. Just to let you know, we're waiving the cleanup fees 'cause they're actually going to perform the cleanup themselves, and they're actually going to leave it in a better condition than when they found it. Andl can't think of a higher better use for us using Virginia Key as part of a triathlon. Get the kids out there. No. To hell with that, get the adults out there. Commissioner Gonzalez: Right. Commissioner Sarnoff. Let everybody start using Virginia Key. Let us all start enjoying it for whatever reasons we can, and then we'll -- let's use what we got, and this is a great idea. Chair Sanchez: All right. 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. City ofMiami Page 113 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 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: NOMINATED BY: Anthony Cutler Vice Chair Michelle Spence -Jones Luis Meurice Commissioner Marc David Sarnoff 07-01218 memo.pdf 07-01218 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0138 A motion was made by Commissioner Regalado, seconded by Vice Chair Spence -Jones, and was passed unanimously, to appoint Anthony Cutler as a member of the Equal Opportunity Advisory 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 Anthony Cutler as a member of the Equal Opportunity Advisory Board. Chair Sanchez: Let's go to the board appointments. BC.1, Equal Opportunity Advisory Board. Commissioner Sarnoff. I think this is mine. I would thank Wilfrid Pierre for his service, but I would appoint Luis Maurice. Chair Sanchez: All right. There is a motion -- all right, let's -- why don't we get all the Commissioners that have appointment, let's get them out of the way. If they require a waiver, Madam Clerk, state the waiver for the record; and we'll see if we have the votes, whether it's a four fifth or unanimous vote. All right, one name has been proffered. Any other Commissioners who have appointments? Commissioner Gonzalez: I'm deferring mine. Chair Sanchez: Okay. Commissioner -- Vice Chair Spence -Jones. Vice Chair Spence -Jones: Yes. I'm going to go 'head [sic] and do all of mine now. Do you want me to do all of them now? Chair Sanchez: No, not all of yours. Vice Chair Spence -Jones: Okay. Chair Sanchez: Just the Equal -- City ofMiami Page 114 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Equal Opportunity -- Chair Sanchez: -- Opportunity Advisory -- Vice Chair Spence -Jones: -- Advisory Board, I'd like to nominate Anthony Cutler. Commissioner Sarnoff. Okay, Anthony Cutler, and the name that was proffered by Commissioner Sarnoff. Commissioner Regalado. Commissioner Regalado: No, I'm not -- I -- Priscilla A. Thompson (City Clerk): No, he's not. Commissioner Regalado: -- don't have any appointment. Chair Sanchez: Okay. Commissioner Regalado: I already did it. Chair Sanchez: I will defer mine. Okay. Both names that have been proffered, do they need any waivers? I don't believe so. Ms. Thompson: No. I'm sorry. Anthony Cutler does need a waiver for absences. He needs a four -fifth. Chair Sanchez: All right. Let's take that one up first. Is there a motion for a -- for the waiver four -fifth? Vice Chair Spence -Jones: So move. Commissioner Regalado: Move it. Chair Sanchez: All in favor -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." And the motion was made by Commissioner Regalado, second by the Vice Chair. All right, so he gets a four fifth vote. Now, Commissioner Spence -Jones -- Commissioner Sarnoffs appointment does not need a four -fifth. Commissioner Sarnoff. That was a new appointment. Ms. Thompson: That is correct. Chair Sanchez: It's a new appointment. Okay. Ms. Thompson: Correct. Chair Sanchez: Okay, so there is a motion by Commissioner Sarnoff. Is there a second? City ofMiami Page 115 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Second by -- Commissioner Gonzalez: Second. Chair Sanchez: -- Commissioner Regalado. Discussion -- Commissioner Gonzalez: Second. Chair Sanchez: -- 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. BC.2 08-00023 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Janet McAliley Civilian Investigative Panel Timothy C. Moore Civilian Investigative Panel Hector Schwerert Civilian Investigative Panel Bess L. McElroy Civilian Investigative Panel 08-00023 members.pdf 08-00023-CIP Memo.pdf 08-00023 Memo cip.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to urge the Civilian Investigative Panel to tailor the demographics of their staff and board to mirror the existing demographics of the City ofMiami. Chair Sanchez: And we move on to the Civilian Investigative Panel. Priscilla A. Thompson (City Clerk): Those names are proffered to you from the Panel. Chair Sanchez: All right. There's four confirmation [sic] by the Commission -at -large. Those names have been proffered. They're all incumbents. Is there a motion to -- Commissioner Gonzalez: Okay. Are -- Chair Sanchez: -- approve? Commissioner Regalado: I move to -- City ofMiami Page 116 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: -- we on the Civilian Panel? Chair Sanchez: Yes, sir. Commissioner Gonzalez: Okay. I do have a comment that I want it to be on record. Chair Sanchez: Okay. You're recognized for -- Commissioner Gonzalez: Hispanics are about 60 or more than 60 percent of the population of this county and this city, okay; and we only have a very few Hispanics on this board. I don't know how we, the Commission, only have two. Commissioner Regalado is letting me know that we only have two Hispanics serving on this board. Commissioner Regalado: Yeah, but the problem -- Commissioner Gonzalez: So we need to -- Commissioner Regalado: -- we don't appoint. Commissioner Gonzalez: Pardon me? Commissioner Regalado: We don't appoint. They have a selection committee, and we should make a recommendation that they -- Commissioner Gonzalez: Well -- but we need to do something. Commissioner Regalado: -- mirror the community. That's all that there is to it. Commissioner Gonzalez: If it is a recommendation -- but they have to be aware that we know that we only have two Hispanics serving on this board, having us -- more than 60 percent of the population, okay, of this City. Commissioner Sarnoff. Well, let me second Commissioner Gonzalez's motion to urge the CIP (Civilian Investigative Panel) panel to take a good look at the demographics ofMiami and to more carefully tailor their selections based on the demographics ofMiami. Chair Sanchez: Well, that -- Commissioner Gonzalez: Thank you. I'll second that motion. Chair Sanchez: Okay. That's a good motion, but that doesn't resolve the issue. You're still appointing the four individuals here, and you still have that problem. And since you're on that issue -- andl didn't bring it up -- I received a phone call to my office, someone who complained that they called the CIP office and they couldn't get somebody who spoke Spanish. Commissioner Regalado: Right. Commissioner Gonzalez: But that would be the staff. Chair Sanchez: I'm just saying. You brought up the issue about not having enough Hispanics. Well, I'm just adding that someone -- a constituent called my office -- andl think we have the documentation -- I think we have it where the individual said, look, I called. I wanted to file a complaint against, apparently, a police officer or something; and she couldn't get no one who spoke Spanish at the office. So since you brought it up, I think it's a good point to -- City ofMiami Page 117 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: And let me tell you. Chair Sanchez: -- put it on the table. Commissioner Gonzalez: If you want to talk more about it, the issue that forced the creation of this panel -- Commissioner Regalado: Was Elian -- Commissioner Gonzalez: -- was the Elian case. Commissioner Regalado: Yeah. Commissioner Gonzalez: Okay. And it -- there were the Hispanics that -- Chair Sanchez: Could --? Commissioner Gonzalez: -- really push for this board to be created. Chair Sanchez: As the Chair -- Commissioner Gonzalez: And now we're not represented, and on top of that, if you go to that -- to file a report and you don't speak English, you can't file a claim or a report. Vice Chair Spence -Jones: Mr. Chairman, can I ask the City Manager is --from a staffing standpoint, is there anybody in the office that speaks Spanish? Pedro G. Hernandez (City Manager): I'm not sure, Commissioner. I -- Vice Chair Spence -Jones: You don't know? Mr. Hernandez: No. Chair Sanchez: All right. Commissioner Regalado: What did he --? Commissioner Sarnoff. Is there anyone there that speaks Spanish. Commissioner Regalado: No. Commissioner Sarnoff. There's not. Commissioner Regalado: No, there's none. Chair Sanchez: Okay. Could proffer --? Couldl -- listen, could l just proffer something? Could we defer the votes on these four names? Vice Chair Spence -Jones: And then I just have -- does anybody --? Chair Sanchez: And then we could address the Civilian Investigative Panel, the chair, to see if, somehow, they could go through the process and maybe get more Hispanics involved in the process? City ofMiami Page 118 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff Well, I still think that we both made a motion, and I'm okay with our motion. Chair Sanchez: No. It's fine. I mean -- but -- yeah, your motion's fine, but if you appoint -- Commissioner Sarnoff No. I agree. I agree with what you're saying. You're -- Chair Sanchez: -- so let's put a hold on the appoint -- Commissioner Sarnoff -- doing a motion to defer. Chair Sanchez: All right. So there's a motion, and that motion has been -- it was motion by Commissioner Gonzalez, second by Commissioner Sarnoff, directing the Citizens [sic] Investigative Panel to look at possibly getting more Hispanic members to the board or appointing more Hispanic members to the board. That's the motion that's out there. Vice Chair Spence -Jones: Finish. Chair Sanchez: And staff. Not only the board; they need staff. Commissioner Sarnoff As amended. Chair Sanchez: So maybe as amended to staff. All right. It is under discussion. Commiss -- Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: This is just another question for the City Manager. Mr. City Manager, is there anyone in the office that speaks Creole? Or I might be reaching for it now, right? Mr. Hernandez: I don't know, Commissioner, but I think that we need to find out. Their staff is probably not very, I would say, populated -- they probably don't have that large of a staff so I don't know. I would have to check. Vice Chair Spence -Jones: Okay. Chair Sanchez: Listen, the amendment should be Spanish and Creole. Commissioner Gonzalez: Spanish -- Chair Sanchez: Okay. Commissioner Gonzalez: -- and Creole. Chair Sanchez: Yeah. Commissioner Gonzalez: Both. Chair Sanchez: So, all right. Commissioner Gonzalez: I mean, you know, we have to be able to serve -- Chair Sanchez: Everyone. Commissioner Gonzalez: -- the entire community. City ofMiami Page 119 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 BC.3 08-00037 Office of the City Clerk Chair Sanchez: All right, so the friendly amendment is to add Spanish and Creole. Commissioner Sarnoff. Correct. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. And we'll -- Commissioner Sarnoff. Second. Chair Sanchez: -- go ahead and -- there's a motion to defer -- Commissioner Sarnoff. Second. Chair Sanchez: -- the appointments. There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. Vice Chair Spence -Jones: Second. Chair Sanchez: 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. BC.2 has been continued to the next board meeting or till names -- other names are proffered. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: Lourdes Solera (Restoration Architect) Dr. James Broton (Citizen) Gary Appel (Real Estate Broker) Timothy Barber (Architectural Historian) Miguel Seco (Alternate) David Freedman (Business/Finance/Law) NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff City ofMiami Page 120 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Thorn Grafton (Architect) Enid Lorenzo (Citizen) 08-00037 memo.pdf 08-00037 members.pdf 08-00037 HEP Applications.pdf Commissioner Tomas Regalado Commissioner Tomas Regalado Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0153 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Timothy Barber, Miguel Seco as members of the Historic and Environmental Preservation Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miguel Seco as a member of the Historic and Environmental Preservation Board, further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Miguel Seco as a member of the Historic and Environmental Preservation Board. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Gary Appel as member of the Historic and Environmental Preservation Board. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint David Freedman, Thorn Grafton and Enid Lorenzo as members of the Historic and Environmental Preservation Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint James Broton and Lourdes Solera as members of the Historic and Environmental Preservation Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Lourdes Solera as a member of the Historic and Environmental Preservation Board, further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Lourdes Solera as a member of the Historic and Environmental Preservation Board. Chair Sanchez: BC. 3. BC.3 is the Hispanic [sic] Preservation Board. Commissioner Sarnoff. Historic. Priscilla A. Thompson (City Clerk): Historic. Chair Sanchez: Two appointments. Commissioner Sarnoff. Historic. Ms. Thompson: Historic. Vice Chair Spence -Jones: Historic. City ofMiami Page 121 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: I'm sorry. Historic. Historic Preservation Board. Vice Chair Spence -Jones: What'd you say, Hispanic? Chair Sanchez: All right. I don't even know what I said. Since we're on the issue of that, I just stuck with the Hispanic. Vice Chair Spence -Jones: I'd like to -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- proffer -- Chair Sanchez: Historic Preservation Board. Vice Chair Spence -Jones: -- Gary Appel, reappoint him. Chair Sanchez: All right. Commissioner Gonzalez: I'll reappoint my two appointments. Chair Sanchez: No, no. Wait, wait. The -- it's -- Madam Clerk, correct me on this. There's only -- how many people --? Two individuals that have qualified? Ms. Thompson: No, no, no. Your encumbrance [sic] -- you still have incumbents on the board, and you have other individuals who applied. Commissioner Gonzalez's two incumbents still on the record. Chair Sanchez: Okay. Ms. Thompson: One of which, if he reappoints him, does have to have a four fifth. That being Tim -- I'm sorry, the two incumbents, Timothy Baker and then Miguel Seco, and Miguel is -- Commissioner Gonzalez: Right. Chair Sanchez: Okay. Ms. Thompson: -- Miguel would need a four fifth waiver. Is that correct? Commissioner Gonzalez: I'll reappoint with waivers, but if they're looking at this meeting, they should know that next time they're going down. Chair Sanchez: All right. So -- Commissioner Gonzalez: Very simple. Chair Sanchez: -- let's go ahead and just have all the Commissioners make their appointments, because I think all of them are going to need four fifth vote. No? Commissioner Regalado: Not mine. Ms. Thompson: It's according to who they do. Chair Sanchez: All right. Let's just do one at a time then. All right. So Commissioner Gonzalez City ofMiami Page 122 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 proffered two names, requiring a four fifth vote. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. We're going to take one commissioner at a time. All right. 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. " Motion carries. Those two individuals have been appointed with waivers. Michelle. Vice Chair Spence -Jones: Yes. I'd like to -- Commissioner Sarnoff. Historic Preservation Board. HEP (Historic & Environmental Preservation) Board. Vice Chair Spence -Jones: I just got through appointing (INAUDIBLE). Chair Sanchez: Tell me what? Ms. Thompson: She -- Commissioner -- I'm sorry. Chair, Vice Chair proffered Gary Appel, but now if you're going to take them separately, that is why he's saying to you, Vice Chair -- Chair Sanchez: Right, because we're -- Ms. Thompson: Okay. Chair Sanchez: -- does yours need waivers? Ms. Thompson: No. Vice Chair Spence -Jones: No. Chair Sanchez: Okay. So the name has been proffered. Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " That individual has been appointed. Commissioner Sarnoff? Commissioner Sarnoff. I have David Freedman. He's a new appointee. Chair Sanchez: No waivers? Commissioner Sarnoff. No. He's new. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Okay. Architect, Tom [sic] Grafton; citizen, Enid Lorenzo. City ofMiami Page 123 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Okay. Do any of them require waivers? Ms. Thompson: No. Chair Sanchez: No. Let's take those two then, okay? Ms. Thompson: Correct. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. The item is under discussion. Ms. Thompson: No. I'm sorry. Commissioner Regalado: I did the -- Ms. Thompson: The motion is by -- Commissioner Regalado: -- motion. Ms. Thompson: -- Commissioner Regalado, right? It's -- Chair Sanchez: Yeah. Ms. Thompson: Oh. Commissioner Regalado: I did the motion and -- Chair Sanchez: And second -- Commissioner Regalado: -- he did the second. Chair Sanchez: -- by Commissioner Sarnoff. The 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. Those two individuals have been reappointed. Could someone proffer my two reappointments, and they -- one of them does require a four -fifth waiver? Commissioner Sarnoff. What's the name? Chair Sanchez: That's Lourdes Solera [sic] and then Dr. James Burton [sic]. Commissioner Sarnoff. I -- Commissioner Regalado: Okay. Commissioner Sarnoff. -- proffer Lourdes Solera [sic] and Dr. James Burton [sic] on behalf of the Chair. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion and a second. Its does require a four fifth waiver of City ofMiami Page 124 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mrs. Solera [sic]. All right. No discussion in the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. BC.4 08-00040 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eduardo Durazo Commissioner Marc David Sarnoff John El Masry Commissioner Marc David Sarnoff Rick Kalwani Commissioner Marc David Sarnoff Sylvano Bignon Commissioner Marc David Sarnoff 08-00040 memo.pdf 08-00040 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0139 Chair Sanchez: All right. BC.5, Community Technology Advisory Board. Priscilla A. Thompson (City Clerk): I'm sorry, sir. Are you going to --? Commissioner Sarnoff. You skipped BC.4, which is the BIC (Business Improvement Committee). Chair Sanchez: You know what, I'm going through my list, andl don't have any appointment there. I'm sorry. Commissioner Sarnoff. That's all right. Chair Sanchez: BC.4, Coconut -- Commissioner Sarnoff. I'll do it quick -- Chair Sanchez: -- Grove Business Improvement Committee, the BIC. Commissioner Sarnoff. Let me re -- let me appoint -- reappoint Edward Durazo, John El Masry, Rick Kalwani, and Sylvan Bignon; and so moved. Chair Sanchez: All right. There's -- City ofMiami Page 125 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: Second. Chair Sanchez: -- a motion, those four names that have been proffered; second by Commissioner Regalado. The item is under discussion. Hearing no discussion on 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. And those names have been proffered. Okay. BC.5 08-00042 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: Jacqueline Zelman Commissioner Marc David Sarnoff 08-00042 memo.pdf 08-00042 members.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-08-0140 Chair Sanchez: Community Technology Advisory Board. Who's got appointments there? Priscilla A. Thompson (City Clerk): You -- the Chair, Sanchez -- Commissioner Sarnoff. All right. I defer mine. Ms. Thompson: -- Vice Chair and Commissioner Sarnoff. Chair Sanchez: I defer mine. Vice Chair? Vice Chair Spence -Jones: I defer mine. Chair Sanchez: BC.5, she's also deferring her -- Commissioner Sarnoff. Jacqueline Zelman. Chair Sanchez: Okay, there's a name been proffered by Commissioner Sarnoff. Is there a second? Somebody make a second. Vice Chair Spence -Jones: Second. Commissioner Regalado: Second. City ofMiami Page 126 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 BC.6 08-00043 Office of the City Clerk Chair Sanchez: Second by the Vice Chair. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ralph Duharte Commissioner Angel Gonzalez Bob Powers Commissioner Marc David Sarnoff Nathan Kurland Commission -at -Large Steve Alexander Commission -at -Large Elena Carpenter Commission -at -Large 08-00043 memo.pdf 08-00043 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0143 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; 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 Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Bob Powers as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Nathan Kurland Steve Alexander, and Elena Carpenter as members of the Bayfront Park Management Trust. Chair Sanchez: We go to BC. 6, Bayfront Park Trust. City ofMiami Page 127 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: I'll reappoint Ralph Duharte, with the waivers. Chair Sanchez: Okay, but aren't they -- Commissioner [sic] at -large, there's three seats? Ms. Thompson: No. Commissioner Gonzalez does have an appointment, so does Commissioner Sarnoff, and the remainder are at -large. Chair Sanchez: Okay. All right, Commissioner Gonzalez proffers Ralph -- Commissioner Gonzalez: Ralph Duharte -- Chair Sanchez: -- Duharte with -- Commissioner Gonzalez: -- with waivers. Chair Sanchez: -- waivers. Is there a second? Commissioner Sarnoff Second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Sarnoff. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition? It passes. Who else has an appointment? Commissioner Sarnoff Bob -- Ms. Thompson: Commissioner -- Commissioner Sarnoff -- Powers. I'll appoint -- reappoint Bob Powers. Commissioner Sarnoff All right, Bob Powers. 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: Anyone in opposition, having the same right, say "nay." Motion carries. And then there are three at -large. If someone could proffer the name of Nathan Kurland Steven Alexander, and Elena Carpenter? Commissioner Sarnoff I'll proffer Nathan Kurland, Steven Alexander, and Elena Carpenter. Commissioner Regalado: Second. Chair Sanchez: Okay. There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. The names have been proffered. They don't need any waivers, do they? Ms. Thompson: No, sir. City ofMiami Page 128 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Okay. They're in good standings with the Trust. 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. And all the individuals that have been proffered have been appointed to the Bayfront Park Trust. BC.7 08-00044 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: M. Lee Smith Chair Joe Sanchez Charles Flowers Vice Chair Michelle Spence -Jones Harry Horgan Commissioner Marc David Sarnoff Ashley Chase Commissioner Marc David Sarnoff 08-00044 memo.pdf 08-00044 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0145 Chair Sanchez: Miami Waterfront Advisory Board. Names. Vice Chair Spence -Jones: Yes. I'd like to proffer Charles Flowers, please. Chair Sanchez: Charles Flowers has been proffered Does he need any waivers? Priscilla A. Thompson (City Clerk): No, sir. Chair Sanchez: All right. Any other names to be proffered? Commissioner Gonzalez: I'll defer mine. Chair Sanchez: Okay. Commissioner Sarnoff. I'll reappoint Harry Horgan andl will appoint Ashley Chase. Chair Sanchez: I'm sorry? What did you just say? Commissioner Sarnoff. I will reappoint Harry Horgan and appoint Ashley Chase. City ofMiami Page 129 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Okay. Commissioner Sarnoff. I have two appointments. Chair Sanchez: Commissioner Regalado? Commissioner Regalado: I don't have any appointment. Ms. Thompson: No. You do, Chair. Chair Sanchez: I do? Ms. Thompson: Yes. Chair Sanchez: All right. I would -- could somebody just proffered [sic] my reappointment, which is Lee Smith? Commissioner Sarnoff. I proffer Lee Smith. Chair Sanchez: All right. There's a motion -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. There are no waivers on these appointees, name that have been proffered. Motion and second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 08-00046 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Karen Cartwright Vice Chair Michelle Spence -Jones Shane Graber Commissioner Marc David Sarnoff 08-00046 memo.pdf 08-00046 members.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-08-0146 Chair Sanchez: BC.9. BC.9 [sic] is the Nuisance Abatement Board. City ofMiami Page 130 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Priscilla A. Thompson (City Clerk): BC.8. Chair Sanchez: Sorry, BC.8, Nuisance Abatement Board. Commissioner Sarnoff. Oh, I'm sorry. I'll proffer Shane Graber, an incumbent. Chair Sanchez: Okay. Name have been proffered. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: Anyone else? Any other names? Ms. Thompson: Yes. District 5, Vice Chair. Chair Sanchez: District 5. Vice Chair Spence -Jones: Karen Cartwright. Chair Sanchez: Okay. Two names have been proffered. Any of those need any type of --? Ms. Thompson: No, sir. Chair Sanchez: Okay. There's a motion and a second. The motion is made by Commissioner Sarnoff, second by Vice Chair Spence -Jones. No discussion on the items [sic]. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.9 08-00047 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Hugh Ryan Commissioner Tomas Regalado Mike Butler Commission -at -Large 08-00047 memo.pdf 08-00047 members.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 131 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 R-08-0148 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Hugh Ryan as a member of the Code Enforcement Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Hugh Ryan as a member of the Code Enforcement Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Mike Butler as a member of the Code Enforcement Board. Chair Sanchez: BC.9. BC.9 is Code Enforcement Board. All right. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Allyson Warren, she needs a waiver. Priscilla A. Thompson (City Clerk): That's correct, a five five -- Chair Sanchez: Five -- Ms. Thompson: -- term -- Chair Sanchez: -- five. Ms. Thompson: -- limit. Chair Sanchez: Okay. Commissioner Regalado: I have an appointment, Hugh Ryan. He needs a waiver for absence because, as you know, he had an accident, but now he's done -- Chair Sanchez: That's -- Commissioner Regalado: -- with the therapy. Chair Sanchez: -- a four fifth vote, correct? Commissioner Regalado: Yes. Ms. Thompson: Correct. Chair Sanchez: Okay. Any other names proffered? Commissioner Regalado: No. Hugh Ryan, that's my appointment. Chair Sanchez: Is there a second? Commissioner Sarnoff. Second. Chair Sanchez: Okay. Any discussion on the item. Second was made by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 132 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Any further appointments on Code Enforcement? Commissioner Sarnoff. I'll make an at -large for my alternate. His name is Mike Butler. Chair Sanchez: All right, Mike Butler. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. He is an incumbent, right? Commissioner Sarnoff. He's a alternate, right. Chair Sanchez: Alternate, okay. Yes? Does he need any waivers? Ms. Thompson: No. I just wanted to make sure that the Commission is clear on what you're doing here. Commissioner Regalado: Yeah. Ms. Thompson: Commissioner Regalado had an appointment for, and he reappointed Hugh Ryan at -large. You had an appointment, so is Mr. Mike Butler your now at -large appointment? That's what I need clarity on. Commissioner Regalado: Right. Commissioner Sarnoff. Yes. Ms. Thompson: Thank you. Chair Sanchez: Okay. And there's a second for the record, right? Any other names proffered for Code Enforcement? All right, so vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Vice Chair Spence -Jones: Mr. Chairman, I just want to make sure. Just for clarity, was Allyson -- she definitely was included in that, right? Chair Sanchez: Her name was not proffered in that. She needs a fifth fifth [sic]. Vice Chair Spence -Jones: Okay. Chair Sanchez: I mean, do you want to proffer her name? Vice Chair Spence -Jones: I'd like to proffer her name. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Okay, there's a motion by Commission -- Vice Chair, second by Commissioner Gonzalez, proffering -- she does need a five fifth vote. City ofMiami Page 133 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Thompson: But we --I'm sorry. Andl apologize -- Commissioner Regalado: But you just appoint somebody -- Chair Sanchez: Yeah. He reappoints -- Commissioner Regalado: -- at -large. That's the problem. I mean, I appointed my appointment. He appointed an at -large, which anybody can appoint. That's what I -- that's what we did. You just voted for somebody else. That's the problem. Commissioner Sarnoff. Right. Chair Sanchez: So there's no more appointments. Commissioner Regalado: There's no more appointment, in terms of -- Vice Chair Spence -Jones: Can you recognize --? Do you --? Mr. Chairman, can you at least recognize --? Chair Sanchez: Alice [sic] -- Vice Chair Spence -Jones: Allyson has been a -- Chair Sanchez: -- I mean, after so many years of service -- Vice Chair Spence -Jones: Yeah. I mean -- Chair Sanchez: -- you're entitled to -- Vice Chair Spence -Jones: -- you can't -- Allyson Warren: Eight years. I thought Commissioner Sarnoff said he was reappointing Mr. Butler as an alternate at -large, which is -- Commissioner Regalado: No. Ms. Warren: -- what he is currently. Chair Sanchez: No, he did not. Commissioner Regalado: No. He said -- Commissioner Sarnoff. No. I was -- Commissioner Regalado: -- regular. Commissioner Sarnoff. -- I offered -- Commissioner Regalado: That's what he said. That's what -- it was second. Ms. Warren: I thought you had already brought my name in there first. Chair Sanchez: No. Your name was not brought up. Vice Chair Spence -Jones: That's what l thought I understood, was that -- City ofMiami Page 134 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: That's why she brought it up because your name was not brought up. She called your name and said "Was she included?" Vice Chair Spence -Jones: But when I heard her name in the beginning, that's why I questioned it to staff because I wanted to make sure Allyson's name was in it; and then that's why staff came back over and told me make sure that Allyson name was in it. So the name was brought up in the beginning because I heard it. Ms. Warren: I thought so, so is this something that could be reconsidered, because this is an eight year waiver? Vice Chair Spence -Jones: Yeah. And let me just say this. I mean, we all know how difficult it is to get people to serve on these boards, you know; and Allyson has done an outstanding job servicing this community for eight years, and you know, it's a shame that we just push people aside, you know, after giving all their services and all their time for free, mind you, for long, long hearings without allowing them, you know, the opportunity to at least be heard. So I'm going to just tell you, as sitting here, the only reason why I didn't chime in on it andl asked the question was because I heard her name in the beginning. Ms. Warren: Mr. Butler's -- Vice Chair Spence -Jones: So I would ask -- Ms. Warren: -- already on the board as an alternate. Vice Chair Spence -Jones: -- for us to -- yes -- reconsider, if that's not an issue. Chair Sanchez: All right, there's a motion to reconsider, but what are we -- what are you reconsidering, her appointment? You would have to remove somebody because Commissioner Sarnoff just appointed somebody to that board. Ms. Warren: Who already sits on the board as an alternate. Chair Sanchez: Well, the individual who could only do that would be if Commissioner Marc Sarnoff makes a motion to reconsider to remove that individual. Because, you know, listen, I agree with Michelle Spence -Jones; you've served eight years here at the Commission -- at the board. Your time and dedication -- I mean, we should thank you for what you've done for this City, but it's not up to the Chair or this Commission; it is up to whoever appointed the last person or appointed somebody and filled that gap. So is there a motion to reconsider? There is none. Ms. Warren: I thought Commissioner Spence -Jones made a motion -- Chair Sanchez: There's no second -- Ms. Warren: -- to reconsider. Chair Sanchez: -- to reconsider. Commissioner Gonzalez: The motion to reconsider will have to come from Commissioner Sarnoff Chair City ofMiami Page 135 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: -- who made the appointment of Commissioner -- Chair Sanchez: -- the last person -- Commissioner Gonzalez: -- Regalado. Chair Sanchez: -- taking your gap -- Ms. Warren: Commissioner? Chair Sanchez: -- taking your seat. Commissioner Regalado: The -- Commissioner Sarnoff. You know, Allyson, I want to thank you for your service, but it's my intention to change the board. I mean, I want -- I think you've done a great job, but think it's time for change. Leroy Jones: Commissioner, can I say something -- Vice Chair Spence -Jones: Yes. Mr. Jones: -- because I sit on the Code Enforcement Board? Chair Sanchez: Absolutely. Mr. Jones: You know, I think it will be a great tragedy for us to lose Ms. Allyson, as long as she been on the board. Not only that, she serves as the vice chair when the chair is not seated. And with all her knowledge, everybody that sit there has been learning things. You know, this is almost my second year of sitting on the Code Enforcement Board, so a lot of things I've learnt, I've learnt from listening to Ms. Warren. So I just think it will be a sad mistake to remove her when she attends all the meetings. And you got to understand, sometimes we meet three times a month, and that's difficult Sometimes we here 11 o'clock at night. Chair Sanchez: I see you on TV (Television). Mr. Jones: So, you know, it's like -- I mean, to lose her will be a shame. It really would. Vice Chair Spence -Jones: And I'm just going to say again -- andl understand that, you know, Commissioner Sarnoff has already, you know, proffered it, but I -- the only reason why I did not chime in was because I heard the name. And, you know, I would like to appeal to Commissioner Sarnoff to reconsider. I mean, you know, Allyson has done a wonderful, you know, job servicing this community. Commissioner Sarnoff. Andl want to thank her for her years of service, andl appreciate the fact -- Allyson sits on two other boards in this city. She dedicates a lot of her time and a lot of life to the City, but I -- you know, I proffered a name that I thought would move this city along, and -- Ms. Warren: Who's already on the board -- Commissioner Sarnoff. Correct. Ms. Warren: -- so the rest of you understand that. The gentleman already sits on the board. City ofMiami Page 136 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. He sits there as an alternate. Now he'll sit as a regular member. Chair Sanchez: Alice [sic], some of us may not agree, but we have to respect the Commissioner. I do want to take this opportunity to thank you for your service to the City in what you've done. I mean, as Leroy has stated, you hardly -- you never miss the meetings; you're always there, you know. And it isn't fair -- it really isn't fair just to say thank you for your time and effort; you know, go home. Ms. Warren: Thank you, Commissioner Sarnoff. I will remember this. Chair Sanchez: All right. Okay. Vice Chair Spence -Jones: Can I ask just a -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: -- question, Madam Chair [sic]? Just -- and I'm sorry, Mr. Chairman. How many appointees do I have on this board? It's just -- I know Leroy is one. Who's the other? Priscilla A. Thompson (City Clerk): Just one second. I'll tell you. On the Code Enforcement Board, each Commissioner has one separate one, and then we have three at -large. Chair Sanchez: At -large. Ms. Thompson: Okay. Chair Sanchez: That's the thing. Vice Chair Spence -Jones: Okay. And all three at -large positions are gone, right? Chair Sanchez: Look -- Ms. Thompson: Yes. Chair Sanchez: -- we could always revisit that issue, okay? Let's move on. We could always revisit the issue. Vice Chair Spence -Jones: Thank you, Allyson. BC.10 08-00048 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez City ofMiami Page 137 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Tomas Regalado 08-00048-Ap pl i cati o ns. pdf 08-00048 Memo UDRB.pdf 08-00048 UDRB Current_Members.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to waive the residency requirements in Section 2-884(a) by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to Robert Behar, who was appointed by Chair Sanchez on 10/11/2007 by Resolution R-07-0596, as a member of the Urban Development Review Board. Chair Sanchez: All right. We move on. Next, the Urban Development Review Board. They proffered any names? Who has an appointment? Commissioner Gonzalez: I'll reappoint Julio Diaz and Robin Bosco. Chair Sanchez: All right. There's a name for Julio Diaz. Does he need any waivers? Priscilla A. Thompson (City Clerk): Yes, sir. Mr. Diaz needs to have an absentee waiver of four -fifths, as well as a term limit waiver offive out offive. Chair Sanchez: Oh, my goodness. Commissioner Gonzalez: Waive the waivers. Chair Sanchez: Four fifth and a five five? Ms. Thompson: The four fifth would be due to absences; during 2007 there were four. And then, of course, his term limit. He's gone beyond the regular eight years, so he would need to have five out of -- Commissioner Gonzalez: Let me ask you, do you send them a letter telling them that they have been reappointed? Ms. Thompson: Oh, yes. We send them -- Commissioner Gonzalez: All right. Could you include in the letter that the Commissioner that is appointing them will not reappoint unless they have a very, very justified cause for missing the meetings. Ms. Thompson: We can include that language, yes. Commissioner Gonzalez: Huh? Ms. Thompson: We will include that language for you, yes. Commissioner Gonzalez: Please. Thank you. Chair Sanchez: All right. So we're going to need -- Commissioner Gonzalez: Either you serve or you don't serve. City ofMiami Page 138 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: -- a fifth -- well, we're going to need a fifth fifth [sic] vote to cover it, cover the four fifth and the fifth fifth, unanimous. I'm all confused here. So what do we need, five five votes? Ms. Thompson: No. It's entirely up to you all. If you want to do it separately, you can do the four -fifths -- Commissioner Sarnoff. Well -- Ms. Thompson: -- on the absentee, and then handle the -- Chair Sanchez: It wouldn't make sense. Why don't we just do the five five; it covers the four -fifth? Ms. Thompson: I leave that at -- Chair Sanchez: These boards are just getting way out of hand Go ahead, Madam Attorney. Maria J. Chiaro (Interim City Attorney): If you have five votes, then you can do it in one vote -- Commissioner Sarnoff. Right. Ms. Chiaro: -- but -- with both items. Commissioner Sarnoff. And if -- you -- Ms. Chiaro: The question -- Ms. Thompson: Which one --? And guess this -- then you would be handling the five five first, correct? Ms. Chiaro: That's correct. Ms. Thompson: Thank you. Chair Sanchez: All right. Look, is there a motion? Commissioner Gonzalez: I'll move it. Commissioner Regalado: Second. Chair Sanchez: Is there a second? Commissioner Regalado: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Regalado. It requires a five five. Roll call. Commissioner Sarnoff. But wait. Before we do this, what is the reason for the absences? Does anybody know? Commissioner Gonzalez: We don't know. That's why I say that for me to reappoint these persons again, if they miss -- Chair Sanchez: How many --? City ofMiami Page 139 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: -- that has to be justified Commissioner Sarnoff. But whose appointment is this? Commissioner Gonzalez: Huh? Chair Sanchez: His. Commissioner Sarnoff. It's your appointment? Chair Sanchez: His. Commissioner Gonzalez: Yeah. But this is happening in every board. I mean, you know, a lot of boards -- Chair Sanchez: It gets harder and harder to get people to -- Commissioner Gonzalez: -- are not -- they're not having quorum. Andl was one of the Commissioners that criticize whenever they brought the legislation to require that people needed to live in the City. Because we had people that didn't live in the City -- inside the city limits -- Chair Sanchez: Right. Commissioner Gonzalez: -- but they will come to every meeting and they will serve at every meeting. Chair Sanchez: I voted against that. Commissioner Gonzalez: I voted against that, too. I give you a perfect example. Jack Blumenfeld, who's an attorney, and you know him. Jack doesn't need to be in any board in the City of Miami. And he (UNINTELLIGIBLE) -- he was part of the Community Relation [sic] Board, all right. He attended every meeting. He attended every protest. He -- you know. And we -- I had to remove him because the new code or the new regulation didn't allow him to serve on the board because he live outside -- Chair Sanchez: All right. Commissioner Gonzalez: -- the City ofMiami limits -- Chair Sanchez: Okay. Commissioner Gonzalez: -- so -- Chair Sanchez: So do we move on? Roll call on -- Commissioner Gonzalez: But that's no problem. Chair Sanchez: -- the five five. Commissioner Gonzalez: We kill -- keep dissolving boards and dissolving boards, and pretty soon we don't have any boards. Commissioner Sarnoff. But couldn't we defer -- City ofMiami Page 140 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Make it easier. Commissioner Sarnoff. -- this just to find out what his reason for his absence is? I mean -- Commissioner Gonzalez: We could. Commissioner Sarnoff. -- if he was sick -- Commissioner Gonzalez: Hey, listen -- Commissioner Sarnoff. -- I agree. Commissioner Gonzalez: -- the problem is that, you know, by deferring, we don't do anything because they will serve -- Commissioner Sarnoff. Right. Commissioner Gonzalez: -- until I replace them. Commissioner Sarnoff. But you would bring it back to the next meeting? Commissioner Gonzalez: Yeah. I have no problem. I'll -- Chair Sanchez: All right. He'll change -- Commissioner Gonzalez: -- have Frank -- Chair Sanchez: -- he'll pull his motion. Commissioner Gonzalez: -- call them and find out what the reason are for their absences. Chair Sanchez: All right. That -- Commissioner Gonzalez withdraws his motion -- Commissioner Gonzalez: Right. Chair Sanchez: -- and, therefore, the -- his appointment will be deferred. All right. Who else has an appointment? Urban Development Review Board. Ms. Thompson: We have -- Vice Chair has two appointments -- Chair Sanchez: (UNINTET,TIGIBT,F). Ms. Thompson: -- and then -- Vice Chair Spence -Jones: Deferring. Ms. Thompson: -- Commissioner -- Commissioner Regalado: I will defer mine too. Chair Sanchez: All right. I would -- could somebody proffer the name -- my appointment, which is Robert Behar? Ms. Thompson: I'm sorry. City ofMiami Page 141 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: You don't have an appointment. Ms. Thompson: You don't have one. Chair Sanchez: Urban Development Review Board? Ms. Thompson: BC.10. Unidentified Speaker: Urban Design [sic] Review Board. Chair Sanchez: Urban -- BC.10. I do have an appointment in BC.10, unless we -- Commissioner Sarnoff. No, you don't. Chair Sanchez: I don't? Ms. Thompson: No. Commissioner Regalado: No, because the person is already serving. Ms. Thompson: Oh, I know what it is. I apologize. It's not that you have an appointment, Chair, and I apologize to you. It says here that Robert Behar -- Chair Sanchez: Right. I would -- Ms. Thompson: -- needs a four fifth waiver -- Chair Sanchez: All right. Ms. Thompson: -- for the residency. Chair Sanchez: Okay. Could someone make the motion for the four fifth vote? Commissioner Sarnoff. So moved. Chair Sanchez: All right. There's -- Commissioner Regalado: Second. Chair Sanchez: -- a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Regalado. No discussion on the item. This is a vote for the four fifth waiver for the residency requirement. All right. 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. " Are there any more appointments on BC.10? We're almost there. BC.11 08-00049 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY City ofMiami Page 142 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Stanley Foodman Commissioner Marc David Sarnoff 08-00049 memo.pdf 08-00049 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-08-0150 Chair Sanchez: All right. BC.11 is the Audit Advisory Committee. Commissioner Sarnoff. You have one andl have one. Chair Sanchez: I'm deferring mine. Commissioner Sarnoff. All right. I'll reappoint Stanley Foodman. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Discussion on the item. Hearing 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. BC.12 08-00066 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Arva Moore Parks -McCabe Chair Joe Sanchez Donna Milo Chair Joe Sanchez Maria Beatriz Gutierrez Commissioner Marc David Sarnoff Regina West Commissioner Marc David Sarnoff Janice I. Tarbert Commissioner Tomas Regalado City ofMiami Page 143 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Maria Sardine Mann Commissioner Tomas Regalado 08-00066 memo.pdf 08-00066 members.pdf 08-00066-Application. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0151 A motion was made by Vice Chair Spece-Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Janice I Tarbert, Maria Sardina Mann, Arva Moore Parks McCabe, and Donna Milo as members of the Planning Advisory Board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Maria Beatriz Gutierrez, and Regina West as members of the Planning Advisory Board. Chair Sanchez: PAB (Planning Advisory Board). All right. Who's got appointments? Vice Chair Spence -Jones: I have an appointment on that. Chair Sanchez: All right. You're rec -- Vice Chair Spence -Jones: But I understand -- I just want to be very clear from Madam Clerk. Madam Clerk, there is an application process that one has to go through to sit on that board, correct? Priscilla A. Thompson (City Clerk): What has -- yes. For -- andl can -- ifI can, the -- for the board that we're talking about, the Planning Advisory Board, yes, there is an application process. You still have your incumbents on the board. During the application process, we did receive one application during that advertising process. Vice Chair Spence -Jones: Okay. What --? Okay. I want to defer that -- can I --? I do have the right to defer it, correct? Ms. Thompson: Your appointments? Vice Chair Spence -Jones: Yes. Ms. Thompson: Sure. Vice Chair Spence -Jones: On that one. I'd like to defer it because I want to consider Allyson Warren for that position, so ifI can just defer it until the next meeting, that would be great. Ms. Thompson: We have to go through the application process -- Chair Sanchez: Application process. Vice Chair Spence -Jones: Not a problem. City ofMiami Page 144 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Thompson: -- don't forget. Vice Chair Spence -Jones: Not a problem. Chair Sanchez: All right. Anyone else? If not -- Commissioner Regalado: I have -- Chair Sanchez: Commissioner Regalado. I know I have two. Commissioner Regalado: Janice Tarbert and Maria Sardiha Mann. Chair Sanchez: All right. Do they need any waivers? Ms. Thompson: No, they don't. Chair Sanchez: All right. Could you proffer both of my names, which is Arva Moore Park [sic] and Donna Milo? Ms. Thompson: And, Commissioner. Chair Sanchez: Yeah. Ms. Thompson: One of your individuals does sit as an alternate on that board. Chair Sanchez: Who is that? Ms. Thompson: Your alternate is currently Donna Milo. I need to know if that's [sic] person is still going to serve as your alternate. Chair Sanchez: Yes. Ms. Thompson: Thank you. Chair Sanchez: So I would proffer -- or have someone -- or pass the gavel -- Vice Chair Spence -Jones: So -- Chair Sanchez: -- if they could proffer both of those names. Commissioner Regalado: I'll proffer -- Vice Chair Spence -Jones: I proffer. Commissioner Regalado: -- the names of the Chairman also, Arva Parker [sic] and Donna Milo, right? Chair Sanchez: Yes. They don't need any waivers? Ms. Thompson: No, sir. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. There's a motion by the Vice Chair. Is there a second? City ofMiami Page 145 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Discussion on the item. Hearing 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. Commissioner Sarnoff. Wait a minute. Didl have any appointments on that --? Chair Sanchez: Does that take care of all the boards? Commissioner Sarnoff. Didn't I have an appointment --? Ms. Thompson: No. We had -- Commissioner Sarnoff. Didl have an appointment on PAB? Ms. Thompson: On the -- did you have one, you said, sir? Commissioner Sarnoff. BC.12, right? Ms. Thompson: Yes. I'm sorry. Yes, you do. I apologize. Chair Sanchez: All right. Proffer the name. Commissioner Sarnoff. I think they gave me the -- I think they mistake -- who are my two incumbents? Ms. Thompson: Your two incumbents, Maria Beatriz Gutierrez and Regina West. Commissioner Sarnoff. Okay. Let me reappoint them. Chair Sanchez: Both? Commissioner Sarnoff. Yes. Chair Sanchez: All right. There's a motion to reappoint both. Is there a second? Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Regalado. They don't need any waivers, do they? Ms. Thompson: No, sir. 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. That takes care of the board appointments. Thank -- BC.13 08-00067 RESOLUTION City ofMiami Page 146 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Cornelius Shiver Vice Chair Michelle Spence -Jones Ron Cordon (Alternate) Vice Chair Michelle Spence -Jones Brett Berlin Commissioner Marc David Sarnoff Joseph Ganguzza Commissioner Marc David Sarnoff Angel Urquiola Commissioner Tomas Regalado Charles Garavaglia Commissioner Tomas Regalado 08-00067 memo.pdf 08-00067 members.pdf 08-00067-Application. 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-08-0152 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Cornelius Shiver, Ron Cordon (as Alternate), Brett Berlin, Joseph Ganguzza, Angel Urquiola, and Charles Garavaglia as members of the Zoning Board A motion was made by Commissioner Sarnoff, seconded by Vice -Chair Spence -Jones, and was passed unanimously, further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Joseph Ganguzza and Angel Urquiola as members of the Zoning Board. Priscilla A. Thompson (City Clerk): BC.13. Commissioner Regalado: No. We got BC (Boards and Committees) -- Commissioner Sarnoff. You got one more. Now you got Zoning. Vice Chair Spence -Jones: BC.13. Chair Sanchez: Man, can't get away from these boards. What is P --? Vice Chair Spence -Jones: Zoning Board. Commissioner Regalado: Zoning Board. Vice Chair Spence -Jones: I'd like to proffer Cornelius Shiver and Ron Cordon, with Ron Cordon being designated as my alternate. City ofMiami Page 147 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: BC -- Vice Chair Spence -Jones: BC.13, Zoning. Chair Sanchez: All right. Commissioner Sarnoff. All right. I'm sorry. Bret Berlin, Joseph Ganguzza. Chair Sanchez: All right. Just toss in the names. If they don't require any waivers, we'll just take them all at a time. Commissioner Regalado: Angel Urquiola and Charles Garavaglia. Ms. Thompson: And we do have one. Chair Sanchez: Madam Clerk, who --? Ms. Thompson: Ganguzza, he has a term limit waiver, so that would be five five. Chair Sanchez: Okay. All right. All the names that have been proffered -- Commissioner Sarnoff. What does he need? How much does he need? Chair Sanchez: -- for the record. Ms. Thompson: He needs a five five. Commissioner Sarnoff. Five five waiver. Chair Sanchez: Okay. Ms. Thompson: Missed -- yeah -- Chair Sanchez: Let's -- Ms. Thompson: -- a term limit waiver. Chair Sanchez: -- take him out. Commissioner Sarnoff. Yeah. Chair Sanchez: And let's vote on everybody else on the names that have been proffered, okay? There's a motion and a second. I believe the motion was made by Commissioner Sarnoff, second by Commissioner Regalado. 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. Now let's take the five five. What is it, absentees [sic]? Ms. Thompson: No, no. Term limit. He served more than eight years. Chair Sanchez: Okay. But he's showing up to the meetings? City ofMiami Page 148 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Thompson: Oh, yes. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff. So moved. Chair Sanchez: So moved by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: Second by Vice Chair Spence -Jones. Discussion on the item. No discussion. It's going to require a five five vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right? Madam Clerk, record five votes in favor. Ms. Thompson: Thank you. Chair Sanchez: All right. That takes care of all the -- okay. City ofMiami Page 149 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 DI.1 08-00234 DISCUSSION ITEM City Manager's Office DISCUSSION ITEMS PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: -PLANNING ADVISORY BOARD -ZONING BOARD -STREET CODESIGNATION BOARD -COMMITTEE ON ECOLOGY AND BEAUTIFICATION -COMMISSION ON THE STATUS OF WOMEN -ORANGE BOWL ADVISORY BOARD -VIRGINIA KEY BEACH PARK TRUST -COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE 08-00234 Memo.pdf Annual Board Reports and Presentations .pdf 08-00234-Submittal-Annual report -Planning Advisory Board. pdf DISCUSSED A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to direct the City Manager to bring back a resolution or ordinance sunsetting the Orange Bowl Advisory Board. Chair Sanchez: Listen, we have certain individuals that are here to give us a report on the boards that they represent. These are individuals that really are very dedicated and committed. They don't get paid for what they do in our city, and sure don't want to have them here for hours. So let's just -- whoever wants to just come up and give us a report. This is an annual report given to us. The report by the boards are given to the City Manager in March, if I'm not mistaken. Pedro G. Hernandez (City Manager): In January. Chair Sanchez: In January. Mr. Hernandez: Yes. Chair Sanchez: And then they come to the Commission and give us a report. So let's just take them out of order. Whoever is here first, let's go. Mr. Hernandez: I would take the -- Chair Sanchez: Let's just make it brief. Mr. Hernandez: -- first one that we have, Planning Advisory Board. Chair Sanchez: All right. Arva Moore Parks: Good afternoon, Chairman Sanchez and members of the Commission. I'm here today as chairman [sic] of the Planning Advisory Board to give our annual report for 2007. Priscilla A. Thompson (City Clerk): Excuse me. If we can just get your name for the record. Thank you. City ofMiami Page 150 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Parks: Oh, I'm sorry. Arva Moore Parks. I live at 1601 South Miami Avenue, City of Miami. The Planning Advisory Board has met 19 times, and we've discussed 47 different items. What I have found at the Planning Advisory Board, since I've been on it and chairing it, is the fact that we don't always agree with each other, but don't think have ever been on a government board where people don't pay as much attention. They are very diligent. They're very passionate about the issues. They always come prepared, and we have never not had a quorums for many, many years. As we often -- as I said, don't always agree; and sometimes you all don't agree with us, but we have -- I think you would have to admit that this is a very dedicated board. And with that, I'd like to present our annual report for 2007. Commissioner Sarnoff. You know, Arva, some of us have perfect voting records with you. Commissioner Regalado: Can I --? Arva, I would like to -- you go to a mike. You are a person that is very dedicated. I see the hearings in TV (Television), andl trust your knowledge, and all the other board members, and you have a very professional board, and it's something that we should be proud of. So I'd like to ask you -- you know, we -- we've been called to discuss Miami 21 on a special meeting, and although I believe it wasn't what the Commission intended, we are supposed to vote in the Code for all the City, but there have been some modification. Do you think that your board should go back to hearing the Miami 21 issue before the City Commission votes on it? Ms. Moore Parks: Well, I don't believe that can speak for the board. Commissioner Regalado: Well, I mean, I'm asking you your opinion as the -- Ms. Moore Parks: Well, I had -- what I had asked -- what I'd hoped to do at the next board meeting on Monday night is ask that question to get an explanation from the City about the process, which has not been explained to the board. Commissioner Regalado: Well, I think you should andl hope you do, andl think that before we hear Miami 21 on that certain date, your board should be allowed to discuss in a public forum that. Ms. Moore Parks: Thank you. Commissioner Regalado: Thank you. Chair Sanchez: Thank you. Juvenal Pina: Good evening. Chair Sanchez: Thank you very much for your service to the City. Thank you. Mr. Pina: Good evening. Juvenal Pina, chairman of the City of Miami Zoning Board. Mr. Chairman, Commissioners, I will -- I'm going to make it brief. I know you have a long agenda. I would like to state that the Zoning Board met on 17 occasions; they heard 112 items. The -- there were 40,000 legally required letters sent within 500 feet, and they were 7,000 certified letters sent within the 350 feet requirement. I would like to state that the NET (Neighborhood Enhancement Team) office has been more involved than previous years. They have -- through either communications and/or presence and that has affected greatly in our input and our decisions. Also, you might have seen some zoning changes that required -- were recommended denials. A lot of the sentiment on the board was that since they were not tied to the project, it made a big change, and obviously, we can't make those decisions; those are decisions made by you. Finally, I would like to say that -- at your request, and respectfully request that you order, City ofMiami Page 151 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 through the Department of Hearing Boards, that the Zoning Board conduct workshops. I think that at this stage of the game, the Zoning Board needs to conduct workshops in order to have their members involved in the various procedures of the quasi-judicial power they hold. Thank you. Chair Sanchez: All right. Juve, once again, thank you for the service. You've been in that board now for how many years? Mr. Pina: Nine years, sir. Chair Sanchez: Nine years, and we really appreciate it. So it's your recommendation to the Commission and the City Manager that workshops be performed so people have a better understanding of -- Mr. Pina: Yes, sir. Chair Sanchez: -- their role in that board? Mr. Pina: Yes, sir. Chair Sanchez: All right. How can we -- Mr. City Manager, through that -- would that be through Teresita Fernandez to put together a workshop for the board members to get a better understanding of what their scope of service, their mission, their responsibilities on that board? Because, you know, lately this board has not been in agreement, and there's been some situations where, I believe, have been even an embarrassment to the board and the City, so I think that we need to address those issues. It's getting out of hand at times. I mean, I just -- I've seen them on TV 'cause I watch the boards every now and then. Mr. Hernandez: Mr. Chairman, I'll have Teresita Fernandez coordinate those meetings -- or that workshop. Chair Sanchez: Okay. Mr. Pina: Thank you. Chair Sanchez: Thank you. Mr. Pina: Thank you. Good evening. Chair Sanchez: Next board. Gene Tinnie: Good afternoon, Mr. Chair and Commissioners. My name is Gene Tinnie. Chair Sanchez: Gene, I'm sorry about stealing your line. I thought it was a great line. Mr. Tinnie: Yeah, yeah. I stole that from a friend of mine. I thought it was -- Chair Sanchez: It's all right. Mr. Tinnie: -- great too, you know. Chair Sanchez: I'm sure Marc will steal it from me. Mr. Tinnie: Andl'll use it right now, too, you know. City ofMiami Page 152 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. And I thought you were around during Henry VIII. Commissioner Regalado: Don't feel bad. Presidential candidates do that all the time. Mr. Tinnie: Exactly. Your lines are like hubcaps. I mean, everybody's -- My name is Gene Tinnie. I reside at 74 Northwest 51st, in the City ofMiami, andl have the honor of chairing the Virginia Key Beach Park Trust and presenting our annual report. As you know, the big news since last time you were here is that Historic Virginia Key Beach Park is now open to the public after 25 years, open to everybody. And what we did is -- I'll go through this rather briefly. We formatted our annual report as responses to the standard questions that are asked, so in order -- whether the board is serving the purpose for which it was created, the short answer to that is yes. We did make a minor change in our -- in the wording of the mission statement, which I'll come back to. Whether the board is serving the current community needs. I think we can very honestly say yes. And even more so, as looking ahead, we are incorporating more green technology and so forth as we plan and design so that we're keeping up not only with the community aspirations but also the more efficient ways of doing that. A list of the board's major accomplishments. Well, certainly taking the neglected old County park and bringing it back to being alive and well has been a major one, andl don't think I'd be out of order to mention here that one of our exciting developments as we go on is the challenge that was launched by Commissioner Sarnoff for the acquisition of the merry-go-round. This is a fundraising effort that is going on as we speak. Commissioner Sarnoff has pledged the first $100, 000 toward the $250, 000 purchase price. So all of those with deep pockets that who are listening, or the many with shallow pockets who are listening, all donations are welcome. Is there any other board, public or private, which serves our function? No, there are not. And -- well, I think that one speaks for itself. And whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. No substantive changes are made, but in the course of the year, we did make a minor change in the mission statement from the original mission that said that our mission was to create a vision. We now reworded it to say our mission is to carry forward a vision; that is the vision that was already put forth by the community. And lastly, whether the board's membership requirements should be modified Our answer to that is no. The number -- the quantity and quality of our trustees has been, I think, very satisfactory, and with that, I thank you. If you have any questions, I'll be glad to answer -- Chair Sanchez: All right. Mr. Tinnie: -- the ones I know. Chair Sanchez: Thank you very much, and good luck to you, and thank you for the service you provide the City. Questions? Commissioner Sarnoff. Gene, I just want to make sure that that's a challenge bid. A challenge - Mr. Tinnie: Challenge, yes. A challenge, right. That -- righ, right, right. In other words, for us to get that, folks have to come through. Commissioner Sarnoff. Right. Chair Sanchez: All right. Mr. Tinnie: And I'll just say one last parting remark. Kudos to our executive director and the staff for extraordinary professionalism all the way up to opening day and going forward. Chair Sanchez: Hear, hear. City ofMiami Page 153 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Tinnier Thank you. Chair Sanchez: All right. BIC (Business Improvement Committee). David Collins: Thank you, Chairman Sanchez. David Collins, executive director, Coconut Grove Business Improvement Committee. It is my pleasure to present for -- to you our 2007 annual report. The answers to the questions are enclosed in the report. We are the committee. We are doing what we were set out to do when we were founded in July of 2004. Our committee members are satisfactory. They're extremely hardworking stakeholders in the Coconut Grove area, and they meet all of the requirements of the ordinance. Basically, our mission was enunciated to us by Commissioner Winton, and he said, your goal, if it's agreeable to the property owners of Coconut Grove, is to move towards a business improvement district by vote of property owners and with the agreement of merchants in Coconut Grove. Since 2004, we've done that. We were also charged with the inch by inch recommendation to you, the City Commission, of matters that affected marketing, infrastructure improvements, maintenance, special events, funding and dates of special events. Under the current leadership of Chairman Sarnoff, the Coconut Grove Business Improvement Committee has accelerated our progress towards the formation of a business improvement district. What this means is that property owners in Coconut Grove will essentially self -levy, assess themselves a specific amount of money, once they've voted and agreed to it, which will supplement what the City ofMiami currently does described as the base level of city services. This is an extraordinary moment for both the City, and very importantly, for Coconut Grove. It's -- during the course of our process in the last year, we've brought in a well-known expert on business improvement districts, Mr. Dan Biederman, from the 34th Street Partnership in New York City, a man whose expertise is known to you through his good work with Bayfront. Additionally, we have been very blessed with the assistance of the City Attorney's Office, in the form of Assistant City Attorney Robin Jackson and Veronica Xiques, complemented by outside attorney, who's an improvement district specialist from Orlando, Mr. David Cardwell, who works with the Florida League of Cities. We're extremely excited, and in fact, during the past six weeks, have met once a week as an entire body to move this process forward. Last year we established a parking valet pilot project, completed a wonderful new Web site, wwwcoconutgrove. com [sic], conducted a summer media campaign with financial partners at GMCBB and the luxury hotels of Coconut Grove, thereby augmenting the money that we had with funds from the private sector. We continued and are on the verge of closing out the blue signage agreement, those wonderful blue signs you see in the Grove. We paid for nonemergency cell phone use to be carried by Coconut Grove police at all shifts, 24 hours a day, and we have begun the process for the first time anywhere in the City of Miami of setting the new standard for public right-of-way low voltage T,FD (Light -Emitting Diode) holiday lights. This took months of negotiation with the City and with Richard Way, the chief electrician for the City ofMiami. It was an exciting process, and hopefully, will result in a more beautiful City ofMiami, as they pick up on the new standards that we've been working for. I have nothing but compliments for the extremely busy individuals who serve on the BIC. They are the correct individuals. They are the property owners and the members from the neighborhoods who inform our process. This has been an exciting year also because it was the first one in which we, for a full 12 months, had our own 9 to 5, Monday through Friday, often Sunday through Saturday, BIC office open in Coconut Grove so you could walk in on the ground floor and talk to us about anything at any point. Our philosophy is to keep it ground level, street level, and to move inch by inch until we make the place better and the place flourishes again. I will be delighted to answer any questions you have. Chair Sanchez: Any questions pertaining to the BIC? Commissioner Sarnoff. Thank you, David. Chair Sanchez: Thank you. City ofMiami Page 154 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Collins: Thankyou, Marc. Thankyou, sir. Chair Sanchez: All right. How 'bout Commission on the Status of Women? Maria Mascarenas (NET Administrator, Upper Eastside): Good afternoon, Commissioners. Chair Sanchez: Good afternoon. Ms. Mascarenas: My name is Maria Mascarenas. I'm a City employee, Upper Eastside NET Administrator, but today, I am here before you as a proud chair to the Miami on the Commission of [sic] the Status of Women Board. We're here to present the board's annual report, which was prepared by the previous chair. There's no other City board in either the private or the public sector that serves the same functions as the Miami Commission on the Status of Women Board. I'll give you some of our highlights, major accomplishments. From the year 2007 to 2008, we implemented a butterfly garden. The Board partnered with Girl Power, Women in Transition, City ofMiami Parks and Recreation, the Upper Eastside NET. The butterfly garden, planted on February 29, will serve as a catalyst for future projects and workshops from Girl Power, Women in Transition, or for the pure enjoyment of the entire community. We also had the Women's History Month recognition breakfast 2008. It's an annual event that was held last Friday at the American Legion Post. We recognized 11 outstanding women in our community, including the presentation of the Julia Tuttle Award to Ms. Adrian Arscht. A copy of the program listing the honorees and a brief description of their life's accomplishments is available upon your request. In addition, we're continue in our quest for a Julia Tuttle statue. Our project up to date, our board, and the Miami -Dade County Commission for Women have raised $196, 350. In addition, there's an approximate $4, 000 of accumulated interest. A copy of an itemized list of donations is also available upon request. The contract agreement has been reviewed and revised by an Assistant City Attorney and forward to the artist's attorneys for their comments. Estimated date of completion will be March 2009, in celebration of Women's History Month. Future projects for 2008. The board is currently engaging in a preliminary discussions on an empowerment fair for women to be held later in the year, perhaps, in October. Be more than happy to answer any questions. Chair Sanchez: Thank you. Any questions pertaining to the Status of Women Board? Okay. Thank you. Ms. Mascarenas: Thankyou. Chair Sanchez: Any other board that's here to give us an annual report? Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Gonzalez: I would like to take the opportunity to tell you about the Orange Bowl Committee. Chair Sanchez: Okay. Commissioner Gonzalez: As you know, the Orange Bowl has -- the City have been in the process of demolishing the Orange Bowl for the last year or year and a half. Actually, we had one meeting, and it was to discuss the possibility of the University ofMiami leaving the City of Miami, as they did, in fact. So now that the Orange Bowl is in the process of being demolished, I would like to direct the City Manager to bring back a resolution sunsetting the Orange Bowl Committee Board. City ofMiami Page 155 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: One more board down. Commissioner Gonzalez: All right. Chair Sanchez: All right. Commissioner Sarnoff. Second. Mr. Hernandez: I will do that, Commissioner. Mr. Chairman, also -- Chair Sanchez: Mr. City Manager, there's a motion. There's a second, for the record, by Commissioner Sarnoff. The item is under discussion. Hearing no discussion to sunset the Orange Bowl Advisory Board, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " The motion carries. Mr. City Manager, you're recognized for the record. Mr. Hernandez: Thank you. Mr. Chairman, I just wanted to put on the record that the other two boards that are listed on today's agenda for reports are two of the ones that you already voted on first reading -- Chair Sanchez: To sunset. Mr. Hernandez: -- to sunset. Chair Sanchez: All right. That takes care of the annual reports. DI.2 08-00249 DISCUSSION ITEM DISCUSSION REGARDING THE APPOINTMENT PROCESS OF THE CITY ATTORNEY. 08-00249 Discussion Page.pdf DISCUSSED (DI.2) 08-00249a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: ELECTING AND APPOINTING JULIE O. BRU AS CITY ATTORNEY OF THE CITY OF MIAMI, FLORIDA, WITH COMPENSATION AND EMOLUMENTS TO BE DETERMINED BY THE CITY COMMISSION.) Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0141 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed, with Vice Chair Spence -Jones and Commissioner Sarnoff voting no, to appoint Julie O. Bru as the City ofMiami City Attorney. A motion was made by Commissioner Gonzalez, seconded by Chair Sanchez, and was passed unanimously, to direct the City Attorney to hire outside counsel to draft a contract between the City ofMiami Page 156 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 City Commission and the City Attorney, to be reviewed by Commissioner Sarnoff prior to submittal for final approval by the City Commission. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously urging the City Attorney to appoint Maria J. Chiaro as the deputy City Attorney. Chair Sanchez: All right. So where do we go now, the attorney? All right, D1.1. Commissioner Gonzalez, you're recognized for your D1.1. Commissioner Gonzalez: Yes, Mr. Chairman. I understand that we have two attorneys running for the position, andl believe that -- I know a proffer is going to be made on one of them, and I'm going to proffer the other one. So I'm going to take this opportunity to proffer Julie Bru. Commissioner Sarnoff. Could l just -- Commissioner Gonzalez: Yes, sir. Chair Sanchez: -- for a minute? Why don't we establish a process, and -- Commissioner Gonzalez: Okay. Chair Sanchez: -- this process is if we happen to have the votes for an appointment today, we'll proceed with that. If we don't, then what we need to do is establish a process for a search for the next City ofMiami attorney. So what we'll do for the process is -- I do believe there may be the votes for an appointment. Let's open up the floor for nominations -- Commissioner Gonzalez: Okay. Chair Sanchez: -- and then we'll take the nominations and then we'll vote on the nominations. Is there any of the Commissioners that would like to proffer a name for nomination? It will require a vote. Is there any names? Commissioner Gonzalez: I proffer Julie Bru. Chair Sanchez: All right, Commissioner Gonzalez proffers Julia [sic] Bru. Is there a second? Commissioner Regalado: Well, you don't need a second for nomination. Chair Sanchez: Okay. For nominations, okay. Is there another proffer? Is there anyone -- Commissioner who wants to proffer another name? Commissioner Sarnoff. I proffer Maria Chiaro. Chair Sanchez: Okay. Any other names proffered by the Commission? Okay. If not, Commissioner Gonzalez, you would make a motion? Commissioner Gonzalez: I'll make a motion to appoint Julie Bru. Chair Sanchez: Okay. There's a motion to approve Julia [sic] Bru as the next City ofMiami attorney. Is there a second? Commissioner Regalado: Don't need a second. For nomination, we don't need a second. Chair Sanchez: There's nomination. They've already nominated two people. City ofMiami Page 157 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: We're doing an appointment. Chair Sanchez: We're (UNINTET,TIGIBT,F) for a vote. Commissioner Gonzalez: It's an appointment. Chair Sanchez: Is there a second? Commissioner Regalado: Do we need a second, City Attorney? Vice Chair Spence -Jones: For an appointment? Chair Sanchez: For an appointment -- Commissioner Regalado: Yes. Chair Sanchez: -- we need three votes. Commissioner Gonzalez: For an appointment, yes. Commissioner Regalado: No. We need three votes, but the procedure is that we don't need a second, but I'll second. Chair Sanchez: No, no, no, no. Commissioner, I want you to understand this. Commissioner Regalado: No. I want you to -- I just want to clam -- remember that -- Chair Sanchez: Commissioner -- Commissioner Regalado: -- when -- Chair Sanchez: -- would you allow me? We don't need a second to nominate names -- Commissioner Regalado: I understand that. Chair Sanchez: -- and we've nominated -- I have not, but Commissioner Gonzalez -- Commissioner Gonzalez: Now we're voting -- Chair Sanchez: -- Julia [sic] -- Commissioner Gonzalez: -- actually -- Chair Sanchez: -- Bru and Commissioner Sarnoff nominated Maria Chiaro. Those are the two names that are out there for nomination. So we close the nominations; there weren't any more names. So there's been a motion to appoint Julia [sic] Bru as the City ofMiami attorney. The motion was made by Commissioner Gonzalez. We need a second. Is there a second? Commissioner Regalado: I'll second it. Chair Sanchez: Is there a second? Commissioner Regalado: I'll second it. City ofMiami Page 158 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Okay. It's been second by Commissioner Regalado. The item is under discussion. Any Commissioner who want to discuss the item or you just want to take it to a vote? Okay. Commissioner Sarnoff. Well -- Chair Sanchez: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. This is not an easy choice because both these people come from within. Chair Sanchez: I don't think it's an easy choice for none of us here. Commissioner Sarnoff. I agree. I think what it comes down to is oftentimes, I felt that there have been times that our City Attorney is just that, the City Attorney not for the Administration, but the City Attorney for this Board. I'm not sure that, in the past, we've always gotten the most stellar advice, and oftentimes, I've questioned whether that advice was truly independent or -- you only serve one master. The City Attorney only serves this Board. He serves or she serves no one else. And to me, the attorney needs to serve this Board exclusively and not the Administration and not the City Manager. There are times that they can help you, but it's really for this Board that the City Attorney serves. There's really only two people that we really -- three people, I guess, that we hire, the Clerk, the auditor general, and the City Attorney. Andl can't think of a job that's more difficult, because we look at some -- a lawyer over there to our left and we expect him or her to have an answer off the top of his or her head, andl don't begrudge Commissioner Gonzalez, but sometimes he goes, I'm going to hold it on your head, and I want to have that answer now. Andl know, as a lawyer, they're doing the best they can, and they don't really have the answer, but they're giving the most informed advice you can give. That takes a very well-rounded person in many, many areas of the law. You know, I'm a litigator by trade, and I'm not sure that a litigator serves that role the best because you're really general counsel to the City ofMiami. Julie Bru also happens to be a litigator like myself, andl often wonder, as a litigator, whether we could give you the answers that we demand sitting to that chair -- andl know Commissioner Gonzalez wants the best answer he can get, andl don't blame him; so do I. Andl think the one asset Maria has is that she is an extremely well-rounded attorney beyond that of a litigator. And I've never known, when I've asked her a question, that when she gives me the response, what I often do oftentimes is I go home later at night and I just check to see whether the answers they gave are accurate. Too often, in the early days when I was here, they weren't all that accurate. They were just the answers that they gave. I find that when I deal with Maria, the answers tend to be accurate and they tend to be right, because when I go home andl look up the case law, they're right on point. That's pretty important because I guess my first two months of being here, I was sued by a billionaire personally; andl wanted to have some accurate answers. I don't know if anybody really sue -- I don't know that anybody really signs up here to be sued personally. You know, I guess we get sued every day and we don't even know about it because we're in our official capacities, but when you get sued personally, it's a whole different vehicle. It actually does change your life for the time that the lawsuit exists. You'll find that you can no longer get a mortgage. You'll find that you can have difficulty selling your property. You'll even find it's difficult to buy a car. So I think the person we need to our left is a person that has a dearth of experience and can give us an answer as best as she or he can. Now, I have the utmost respect for Julie Bru, and in some respects, I share a little more of a kindred spirit with her because she's a litigator, and we often time look at each other and we know we don't know the answer, and we give each other a smile. I just think, in this circumstance, Maria is a slight cut above, andl think what you're looking for is general counsel experience. You're looking for somebody to counsel you in the best possible way that that person can. And I think, in this circumstance, if you look at what we ask a City Attorney to do, they're -- in some respects, they have to be a municipal attorney. I think that's completely overrated by the way, saying I'm a municipal lawyer. I think that's a very easy shoe to put your foot in, but then you get into land use law, and then you get into corporate law, and then you get City ofMiami Page 159 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 into tort law, and then you get into contracts, and then you get into negotiating a memorandum of agreement between the City, the County, the State; then you deal with the Marlins; then you deal with Major Legal Baseball, and those are very sophisticated, very complicated agreements. In some respects, they have to be outsourced, and in some respects, I will tell the City and my Commissioners, we may be better suited in a lot of circumstances to start thinking about better use of outside counsel, and that's a subject that the new City Attorney will have to address. When I think it comes down to the one straight -- my wife said to me, she goes, close your eyes and ask yourself -- forget what they look like and forget what you know about them -- who is going to serve the City better? Andl think, to me, it came down to an independence -- I think Maria is more independent. I think she's more independent when it comes to the Administration. She's much more aggressive in her representation of the Commission versus the Administration. And if there's one thing that this body needs is to have confidence that, on a two -minute conversation with a lawyer, when you're about to make a vote that could cost you a lot of money -- because it can cost you a lot of money -- that you feel like you're getting the very, very best advice that you can get. So, you know, I thought -- I was actually hoping never to have this conversation with you all because I like them both, but I really thought that it's appropriate for me to say, I think you've always looked at me when it comes to legal issues, to some degree. When it comes to looking to legal issues with Maria up there, I feel very confident that we're getting the right answer, so I want to strongly urge this Commission to heed my advice and to provide Maria Chiaro as the City Attorney and maybe, very possibly, as -- Julie Bru as her first assistant. Chair Sanchez: All right. Anyone else? Commissioner Gonzalez: Mr. Chairman, can I rebuttal? Chair Sanchez: I'm sorry? Commissioner Gonzalez: Can I rebuttal? Chair Sanchez: Absolutely. Commissioner Gonzalez: All right. Chair Sanchez: You're recognized, Commissioner Gonzalez. Commissioner Gonzalez: I believe that both of them are good attorneys, but I can also tell you that Julie has been with the City for many, many years, and he [sic] has been serving the City in different capacities in the City Attorney's Office; and what you think about Maria being -- I mean, Julie being more Administration -- pro -Administration than Maria, I think it's a matter of perception. I think it's the other way around, okay. As far as having the knowledge of every area in law, I don't think you or anybody, any attorney have knowledge in every area of law. That's why you have people that specializes in different areas of law. And whenever they have, through the years, had Planning and Zoning, they have had an attorney attending Planning and Zoning, and they have had an attorney attending the different boards, and they have another attorney attending other City issues. So I really believe that the City Attorney needs to be a person that can delegate. It can be -- it needs to be a person that can delegate. It needs to be a person, like you said, sometimes realize that it's better to go outside and hire outside attorneys to defend a case and to defend the City than just, you know, insist on being -- them defending the City. Because in some areas, I'm sure they don't have the expertise. But I think that if we have a good leader, a good leader in the Attorney's Office -- department, with the amount of attorneys that they have, okay, inside that department, they should be able to defend the City, they should be able to defend and represent the City properly and represent us properly; and either one of them that be elected today or appointed today need to know that, that they work for us; they don't work for the Mayor, they don't work for the Manager. They might provide a legal advice, but City ofMiami Page 160 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 they respond to us, they work for us, and they are hired by us. Thank you. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Vice Chair Spence -Jones. Commissioner Gonzalez: And I'm sorry that my speech is not as eloquent as you -- Commissioner Sarnoff Actually, I thought it was better than mine. Commissioner Gonzalez: -- but I'm not an attorney. Commissioner Sarnoff I thought it was better than mine; it had passion. Commissioner Gonzalez: But I'm not an attorney. Chair Sanchez: Vice -- Vice Chair Spence -Jones: I'll yield -- I'm going to go ahead and yield to Commissioner Regalado. Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you very much. I think that whoever it is, we should do it, but we should come out of this meeting stating very clearly what you both have said; that the next City Attorney, whoever that person is, does work for the Commission. And this is not about it's us versus them. Problem is that we carry all the responsibility. When there is a vote on a zoning issue that is overturned by the ThirdDCA (District Court of Appeals), the headline on the paper the next morning says 'Third DCA overturns City Commission decision." It doesn't say Mayor decision or Administration decision or Orlando Toledo's decision; it says City Commission decision. When the tragic episode of the former City Attorney was published -- the headlines was appointed by the City Commission -- the severance package approved by the City Commission, and it didn't say Mayor or the City Manager or, you know, somebody in the staff so we carry responsibilities. So what we need is real professional advice of not telling us what we want to hear, but what we need to hear and -- you know, the next City Attorney, I hope, understand that this Commission has been burned so much by the issue of the City Attorney that we will be so much aware of the performance of the City Attorney and not the contract. Let me not mention the word contract, but the benefits package and the duties, and the way that the person is running the office that, you know -- I think it would be the first time in the City of Miami ever where all the members of the City Commission will be supervising one by one the CityAttorney's office; and l just hope that we have a benefits package that is clearly discussed in public, in a public hearing so we don't repeat the same mistake that was done, nor we are embarrassed again. I just hope that the next City Attorney will have the courage to tell us upfront, in public, live, in color, no, you cannot do this because you're going to get sue; because the City now is being sue left and right for a decision that this City Commission made; because the only -- there are only two things that create legal cases against a City, either accidents, trip and fall, or you know, a police car crashing, and the votes of the City Commission. Nothing else. And so, hopefully, we will be very, very alert as the performance of the next City Attorney. Thank you. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Yes, Mr. Chairman. Wow. I just -- there's a couple of things that I do want to say. Now, while we don't always agree on every single item, District 2's Commissioner, Commissioner Sarnoff, and I, I have to say that we -- I definitely agree with him on Maria City ofMiami Page 161 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chiaro. For all of us that know Maria, we've had the opportunities to not only work with your -- with her from a City Commission standpoint in our capacity, but staff members themselves have worked with Maria for many years here in City government; and everyone can say the same thing about Maria. No matter what -- no matter whether or not you want to hear what she has to say or agree with what she has to say, I can honestly say that Maria is a very fair person. I never have to worry about whatever I say behind closed doors with Maria going to another Commissioner or staff member. I can always trust and believe that whatever's stated between the both of us stays there, and that's really important when you sit in a seat like this trying to make a difference for the people that you serve. You want to make sure that your counsel, the individual that's giving you great, solid information is a fair person. I have to also add -- and she never takes sides. I don't care what it is; she will not take a side. I have to also say that, you know, I think that when we think about a City Attorney, someone -- you know, after all of these issues that we've had just recently with our past City Attorney, it should be apparent to all of us that we truly need to have somebody that has the real ability to lead us out of all of the issues that we just came out of. I can also say just not from Maria's perspective, but from other City Attorneys, with Maria taking over, the morale in the department has changed. For a very long time, in that department people really felt -- the attorneys really felt that they were not being really listened to or were not -- I don't want to get into all the details, but for the most part, there is a different change or a change in just the morale in the department. She has definitely -- you know, she's a take -charge person, andl think that that's what we need is a take -charge person. We were all, as Commissioners -- andl remember this when we were appointed or directed to evaluate the City Clerk, the City auditor, and also, of course, the City Attorney. I believe I had the City Clerk, andl believe -- I'm not -- I don't remember who had the City Attorney, but it was one of the Commissioners sitting up here. Andl know you guys recall, I had a big issue and the former City Commissioner had a big issue with the last City Attorney, and we felt that we needed a little bit more time to assess what was going on in the department; and we got outvoted on that issue. My biggest issue and concern -- and not even an issue. I think Julie is a wonderful person, andl think that she adds so much value to the department; andl really appreciate and value her. And Julie has always been very supportive to me and my department -- me and my office and everything that happens in my district, so I'm not saying that Julie -- but what I am saying, and what I want everyone up here to think about -- and when we and the opportunity over the last four weeks for both City Attorneys to come and sit with each one of us to kind of go over what they felt -- what value they brought to the position and why it was it really important for them to be in that position and make a difference in our City, I had to ask the question. Because I remember a lot of times being in meetings with the former City Attorney and Maria being in the same meeting, and when certain things were said in those meetings, when most City Attorneys would just sit there and not really communicate, Maria was -- would always stand up and disagree if she thought that it was wrong, regardless of whether or not it was -- the person was the City Attorney at the time. If she felt that it wasn't right, she would always voice her opinion. And my question for Julie during my evaluation -- and just basically talking to her about, you know, her being in that position was, well, Julie, you know, there were a lot of things that happened in the last year in this department, and you know, the public trust, you know, was really tested around a lot of key issues in the department; and one of the things thatl was very concerned about your leadership in this whole -- in that role under the City Attorney's office was your inability to step up, you know, to say when you thought things were wrong. And Julie responded to me that particular time -- and you remember this, Julie. You communicated -- and I really appreciate it and value it -- was that when you work for someone, that you're totally loyal to that person and you follow, you know, the lead of that person. And I -- while I do value and respect that, part of me felt like, well, you know, if we would have had somebody on the side of the City Attorney at that particular time when all these issues were going on stepping up to the plate and saying no, you're not right and you're incorrect, you're wrong, maybe we wouldn't have gone down a road -- that road the way that we did. And that was the only thing about Julie that just really made me uncomfortable because -- andl don't want to get into a Julie and a Maria and a Julie and a Maria because I love the both of them, and I'm glad to see that we have some more estrogen coming up on the dais because we need it, but I think that at the end of day, City ofMiami Page 162 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 though, you know, being right next to a person in a leadership role and clearly feeling -- because she did communicate she was not comfortable with a lot of decisions that were made, she was not happy with some of the things that were happening, but never really was vocal about that with the former City Attorney; never was that ever an issue with Maria. And I'm just telling you guys, we -- you know, we need to really make sure we're not rushing into something just because we like someone or just because we think that person -- is someone, you know, that is a good person, you know; andl'm not saying that we don't want a good person, but I think we want the best person that's going to serve the department, serve the residents, our constituents. That's what this is really all about. That's what the residents and the constituents elected us for, is to make sure that we put the right person there, to make sure things get handled. I can tell you over the last three weeks -- andl'm going to close on this issue -- things that have been sitting on the desk of key attorneys -- andl don't want to get into it -- regarding major projects happening within my district -- I can't speak for any others -- as soon as Maria got in that chair, in that seat, she immediately made the adjustments; she immediately made the changes, and things were moving. So -- I mean, for me, I think that -- you know, if it has to come down -- I mean, clearly, if we put a process in place -- andl know that's what the Chairman was asking for in the beginning, was a process. I mean, I'm sure, if we put a process and came back with the results from the process, the evidence would be clear who would be the best person to lead as City Attorney. So, you know, if a decision's going to be made based on personalities or based upon, you know, how great the person is, I mean, that's not how we determine whether or not that person leads the City, you know. And when you look at leadership, you know, and you look at the people that are in the current City Attorney office, I'm just letting you know, the morale issue was in the toilet. People now feel like they have somebody that's listening to them. They feel now that it's not an issue of more of the same old thing, you know. You know, when you're in a leadership position and somebody sitting on the side of you and, you know, all these things are happening and you're right there and you don't step up to the plate, you know -- not saying anything negative about Julie. And she explained to me, you know, that's how she is when -- you know, when she's -- whoever her person is that she's working with, she's totally loyal to them. That's great. But if we're totally loyal to somebody that's not doing the right thing, that becomes a problem. So I stand by my original motion from the first time and the second time, you know, with Maria; andl just would advise all of us sitting up here on this dais that before we make a decision about something if we're not clear about it and if it's not based on true facts, you know, I think that it's really important that we put a process in place and let somebody else evaluate and come back and give us a recommendation before we get in the position that we're not going to be able to handle. And with that being said, I just want to say to Julie, I still look forward to working with you on all of the things that we do for, you know, my district; and you have been 100 percent supportive of those things, but for me, I really -- with my district being Overtown, Liberty City, Little Haiti, I mean, these are clear big issues that, under the administration that you worked very close to, a lot of my projects didn't move. So I'm just going to say that, in closing, my support remains with Maria Chiaro. Chair Sanchez: All right. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Well -- Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes, sir. Commissioner Gonzalez: I believe that the idea to even suggest to change the process that we have just got -- Chair Sanchez: No, no, no. City ofMiami Page 163 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: -- involved in -- Chair Sanchez: There's a motion and a second. Commissioner Gonzalez: -- right now at this stage is totally absurd. Chair Sanchez: There is a motion and a second -- Commissioner Gonzalez: If we wanted to go through another avenue, we should have done it from the beginning. We should have done it at the first time that the first person was appointed. We should have said let's establish a committee and let's go outside on a national search, but now that it's the time to vote it up or down, we need to vote it up or down. Chair Sanchez: All right. I agree with you. I think everybody has had an opportunity to speak on the issue. I'm going to be very, very careful and limit my words because I do not want to either offend or hurt a friend. Commissioner Gonzalez: Exactly. Chair Sanchez: Both of these individuals I have worked with for the last ten years. I consider them to be excellent attorneys. They've been at the City through the good, the bad, and the ugly, okay. But we have to make a decision, and that decision that I make today, for me it's a very hard decision because, once again, I consider both attorneys to be very good attorneys, but have to do what's right for this City, and to make sure that this City continue forward and that we do have an attorney in place and that we do have a department that could pick up and catch up as quickly as possible. So I'm going to be very careful in the words that I'm going to use, and that's all that I have to say, okay. So Madam Clerk, there is a motion and a second. There is no further discussion. Roll call on appointing Julia [sic] Bru as the next City Miami Attorney. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sarnoff? Commissioner Sarnoff. No. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: No. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: I knew it was going to come down to me. Vice Chair Spence -Jones: Of course. Chair Sanchez: But you know what, I stand by my decision, and the next City of Miami Attorney is Julia [sic] Bru. Yes. City ofMiami Page 164 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Mr. Chairman, I would also like to make another motion now. I would like to assign Commissioner Marc Sarnoff to negotiate the new contract for the new City Attorney. Commissioner Sarnoff. I -- Commissioner Regalado: Not to negotiate; to write. Commissioner Gonzalez: To write the new contract. Chair Sanchez: Hey, let me pass the gavel and I'm going to second that one. Second it for the purpose of discussion. Commissioner Sarnoff. No. I absolutely agree. I think we should actually have contracts. Chair Sanchez: You're going to have an opportunity to speak, but Commissioner, I think overall, all of us that are here today -- I think, you being an attorney, you're more capable than us to making sure that a contract could be prepared between the City Attorney and yourself. However, I do think that once that contract is prepared, it needs to focus on a couple of things. I think there needs to be, not only the severance package, but also you need to have in that a morale clause, a termination -- Commissioner Gonzalez: Right. Chair Sanchez: -- clause, to make sure that the language on this contract -- which we will probably -- as the Chair, I will be requesting that the City Clerk and the City auditor general present their contracts to the Chair. Under the City Charter and the rules that we hold, we could amend those contracts, andl think that we need to do that for we have learned from the past. However, the one thing that I would like to add to this is that once that contract is prepared, that it does go out through a third party, independent counsel to make sure -- and I'll explain to you why. She -- we are her client, okay. She's going to look at the contract and present the contract to us. I think from the last time, we learned from the mistakes -- that we should have an independent counsel body, another outside law firm to review that contract to make sure that it's -- of course, we'll take your advisement -- the Commission will take your advisement; would also take the advisement of another attorney to make sure that that contract is a well -written -- protecting the interests of the City ofMiami and the taxpayers and this Commission from another future embarrassment to this City, so that's all thatl want to state for the record. Commissioner Sarnoff. Well, let me -- who would -- who do we use for our labor lawyers here? Commissioner Regalado: What did you ask? Commissioner Sarnoff. Who do we use for our labor lawyers? I mean, they're going to have contracts growing out of their ears. Instead of having me draft the contract, for -- as long as we're going to have a -- we're going to hire somebody, let him draft it; 171 take a look at it. Chair Sanchez: Well -- Commissioner Gonzalez: All right. Commissioner Sarnoff. I have no reason to invent the wheel. I don't mind looking at the wheel, but I don't have to invent it. Chair Sanchez: Well, here's another thing. I think that we need to have those clause [sic] in there, but think the language that needs to be in there -- City ofMiami Page 165 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: But -- Chair Sanchez: -- that the final determination will be made by this legislative body. In other words, whatever should happen, we're the ones that say yea or nay on your severance package, yea or nay on your vacation package, nay or yea on your computer, nay or yea whatever she's walking out with. We should have that decision, not being based on a legal determination by an attorney or the City or the City Manager. It should be this legislative body that makes that final decision. Maria J. Chiaro (Interim City Attorney): I would just ask the Board if they wish to have a recount on the vote on the appointment? Normally, these votes come unanimous, and so if you wish to have a recount, you may ask the Clerk to do that. Chair Sanchez: Guys, you know, they got to work together. We all have to work together. I tend to agree with that, so therefore, we should basically make another -- do another recount and we should vote 5/0 to appoint Julia [sic] Bru. Commissioner Sarnoff. Second. Chair Sanchez: For the sake of harmony. Commissioner Sarnoff. I agree. Chair Sanchez: All right. So I would make that motion. Is there a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: He just second. Chair Sanchez: Second, okay. Madam Clerk, roll call. Ms. Thompson: Roll call. Chair Sanchez: Yet -- well -- Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: And then Chair Sanchez? Chair Sanchez: Yes, ma'am. City ofMiami Page 166 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Thompson: Thank you. Chair Sanchez: Ladies and gentlemen, I'd like to introduce to you the next City ofMiami Attorney, Julia [sic] Bru. Applause. Julie O. Bru (Deputy City Attorney): Thank you, Mr. Chairman and Commissioners. I want to say that I've been privileged for the last 18 years of my professional career to have served the City of Miami as an assistant City Attorney, not just as a litigator, Commissioner Sarnoff. When I first came to the City, I did civil service, then I did contracts for many years; I negotiated and participated in the American Airlines Arena deal with the -- with Miami -Dade County; then I did labor and employment law for many years; and just recently, I've been administering the office; I've been a deputy, so I'm not just a litigator. But think, if, at all, being a litigator makes me a hell of a lot more beneficial to you because litigators think on their feet, and as you well know, I think that's the kind of thing that you need up there. But anyway, thank you for giving me the confidence now to serve as your City Attorney, and look forward to working with each and every one of you as hard as I can, as hard as I've always been working. Thank you very much. Chair Sanchez: All right. Ladies and gentlemen -- Commissioner Gonzalez: Thank you. Chair Sanchez: -- we're going to take a 15-minute recess. [Later...] Vice Chair Spence -Jones: Mr. Chairman, can I just ask a quick question? Andl know that, from a Charter perspective, we can't really get into who does what, but I do remember before we proffered the name of Julie as the City Attorney, you mentioned that you would not have an issue with -- if Chiaro was the -- how do you say it? -- City Attorney; that Julie Bru would be the deputy City Attorney. Chair Sanchez: I didn't make that statement. Who made that statement? Commissioner Sarnoff. No, no. I suggested that -- Vice Chair Spence -Jones: Yes. Somebody made the suggestion. Commissioner Sarnoff. -- correct. Chair Sanchez: Not me. Commissioner Regalado: I didn't say anything because the City Attorney appoints -- Chair Sanchez: Yeah. Vice Chair Spence -Jones: Right. Commissioner Sarnoff. Right. Commissioner Regalado: -- whoever. Vice Chair Spence -Jones: But I -- andl know we can't do that because of the Charter, so I don't City ofMiami Page 167 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 want to get into that. Chair Sanchez: That's -- Vice Chair Spence -Jones: But I do -- I would like to at least make the same recommendation, even though we can't make the decision -- and Julie just -- I just spoke to Julie a minute ago, and she assured that, you know, she's definitely going to work along with Maria; and that there will not be an issue. I just want them to be able to work together. Chair Sanchez: All right. Commissioner Sarnoff. Oh, you could make a motion urging, but not mandating. Vice Chair Spence -Jones: Urging. Commissioner Gonzalez: Not mandating. Vice Chair Spence -Jones: That word urging again. Commissioner Sarnoff. Right. Vice Chair Spence -Jones: I'd like to urge. Ms. Bru: Aspirational. Vice Chair Spence -Jones: Right. Commissioner Sarnoff. Aspiration. I'll second that motion. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. Do you want to use urge or aspiration? Vice Chair Spence -Jones: Urge. Chair Sanchez: Urge. Commissioner Sarnoff. Strongly urge, right? Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " All right. Let's move on. Commissioner Regalado: Mr. Chairman? Chair Sanchez: Let's try to get some order here. We're going to the district pages? Oh, no, no, no. There is one item that had a motion and a second on the table and that was the motion directing Commissioner Sarnoff to sit down with Julia [sic] Bru work out on a contract and severance package, all right. The only thing that I'd like to recommend is that you get an outside counsel. Commissioner Sarnoff. Right. What -- can I amend your motion a little bit? City ofMiami Page 168 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Fine. Commissioner Sarnoff. Let's do this. Let's authorize this Commiss -- well, (UNINTET,TIGIBT,F) authorize ourselves. Yeah, you could appoint me to hire outside counsel to -- I guess we can. Chair Sanchez: No, you can't do that. Commissioner Sarnoff. You cannot do that? Chair Sanchez: You can't -- Ms. Chiaro: No. Chair Sanchez: -- hire outside counsel. Violation of the City Charter. After -- Commissioner Regalado: You can -- Ms. Chiaro: Normally -- Commissioner Regalado: -- if you pay it yourself. Chair Sanchez: No. Commissioner Sarnoff. We'll authorize the City Manager to hire outside counsel? Commissioner Regalado: No. Authorize the City -- Ms. Chiaro: The City -- Commissioner Regalado: -- Attorney's Office. Ms. Chiaro: -- Attorney retains the outside counsel on your behalf. Commissioner Sarnoff. Okay. Authorizing the City Attorney to hire outside counsel to create an -- a contract between the City Commission and the City Attorney, and I'd be more than glad to review and work with that counsel. Chair Sanchez: All right. Final approval will be from the Commission. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " It passes, Madam Clerk, 5/0. [Later..] Commissioner Gonzalez: All right. Anything else? Meet -- Chair Sanchez: No, no, no, no. Commissioner Gonzalez: We're going to do the swearing in, but meeting needs to be adjourned, right? Or we do it during the meeting? City ofMiami Page 169 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: No, no, no, no. We'll do it while (INAUDIBLE). Well, the last -- Commissioner Regalado: Listen, Chairman, they are broadcasting, and they can take off the video. They can take pictures. Chair Sanchez: The last item on our agenda is when we swear in our new City Attorney for the City ofMiami, Julia [sic] Bru. Let's give a round of applause. Applause. At this time Julie O. Bru was sworn in as the City ofMiami City Attorney by the City Clerk. Priscilla A. Thompson (City Clerk): Congratulations. Julie O. Bru (City Attorney): Thank you. Applause. City ofMiami Page 170 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ M.1 08-00275 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RECOGNIZING AND SUPPORTING THE FLORIDA FOREVER PROGRAM; URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO CREATE AND FUND A SUCCESSOR PROGRAM TO THE FLORIDA FOREVER PROGRAM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 08-00275 Legislation.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 Absent: 1 - Commissioner Sarnoff R-08-0134 Chair Sanchez: Let's -- is Dennis [sic] Wallace here? Vice Chair Spence -Jones: Denise. Chair Sanchez: Denise. I'm sorry. Denise, I'm sorry. I apologize. Denise Wallace (Director, Policy and Legislation, Mayor's Office). That's okay. I was going to correct you for the record. Chair Sanchez: Yeah. All right. Denise, you're recognized. Ms. Wallace: Denise Wallace. Chair Sanchez: This is the Mayor's item. Ms. Wallace: That's correct. Denise Wallace, director of Policy and Legislation for the Office ofMayor. This is the Mayor's item. The Mayor has put before you a proposed resolution to support the Florida Forever program or any successive program that may be appointed by the Legislature. The Florida Forever Program basically is a program that takes public money to buy land that is -- that needs to be conserved and to have it for the public to continue to use it for the rest of I guess, as long as it's necessary. This program, like other State programs, is in jeopardy of not being funded, as we all know, because of State budget cuts. And so this is a proposed resolution to show the City's support for this program or any successive program that may be funded by the State Legislature. And, basically, what happens is that the monies from the Florida Forever Program has been used to purchase parks. For example, roughly $8 million was used to publish approximately eight acres, including Little Haiti Park. So the Mayor would appreciate the Commission supporting this resolution that is to help any successive program or the Florida Forever program. Chair Sanchez: All right. It is a resolution. City ofMiami Page 171 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: I'll move the resolution. Chair Sanchez: The resolution is being moved by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Gonzalez, second by Commissioner Regalado. Discussion on the item. 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. All right. I'm -- when I do my district blue page, I want the City Manager sitting right there, so -- DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-00246a DISCUSSION ITEM DISCUSSION REGARDING THE FENCE BY PERCIVAL AND MARGARET STREET ON A RIGHT-OF-WAY VARIOUSLY CALLED MARGARET STREET POCKET PARK AND GROVE HERITAGE GARDEN PARK. 08-00246a E-mail.pdf 08-00246a-Submittal-Memo. pdf 08-00246a-Submittal-Back Up Documentation Submitted by Commissioner Sarnoff.pdf DISCUSSED Chair Sanchez: Okay. Marc, you're recognized for your item. Pedro G. Hernandez (City Manager): Mr. Chairman, there is an M.1 item. If you want, we can handle that item? Chair Sanchez: Listen, let's try to get some control here, you know, because we were doing great. Marc, how long is your presentation going to be? Commissioner Sarnoff. Twenty minutes. Chair Sanchez: Twenty minutes, okay. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Commissioner, you're recognized for your presentation or your discussion item. Commissioner Sarnoff. I thought it would be in my interest, in the interest of District 2, to give you some background on the issue with Margaret Street Park or the Margaret Street Garden, if you will, and describe to you what exactly happened with the famous fence or infamous fence, if you will. You know, it's a little difficult to come here to you today and try to describe what it was like to be in City Hall December or January -- December '06 or January '07 because I certainly City ofMiami Page 172 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 wasn't the favorite son in this city, and many things didn't really happen for me, let's say, for the first six months, so there was a sense of what can we do to make a difference as quickly as we can. And we looked around in our office, and once we got the files back, we saw what was what we called fruit that could be hung very easily. And we knew that there was the streets or these places -- and I'm going to invite each one of you to go to the photo section. If you just to the back of your file folder, you'll see two photographs. One is a photograph of what is known as Margaret Street, and the one above it, you'll see equally, is Margaret Street. And to give you a way of background, in January of 2001, the City Commission passed a resolution recommending that all sections of the streets within the City limits be paved. One of those sections included three blocks on Margaret Street. It was Frow Avenue to Day Avenue, which is approximately 825 feet. Some time in 2003, the City was about to proceed with the paving project, but the owners on Frow and Day Avenue, the three blocks, as the City notified the adjacent owners, agreed to have their lands paved, and there you see at the bottom of the photograph in the section marked 'photographs" what the street looks like paved; and above that, you'll see what is known as the gardens that were created. The folks at Frow and Percival did not want these two blocks paved, and instead, requested the City Commission to direct that the underdeveloped street be opened as a green space, paving the two streets; the portions you see above was cancelled. Now, what I've provided to you is an e-mail (electronic) of every -- or a document of every issue we could find. It starts back in 2001. It proceeds as far -- forward as the procurement issue. Back in January 19, 2001, then City Manager, Carlos Gimenez, provided to the City Commission a list of all streets not paved, Margaret and Plaza were on it. On 17 December 2003, the City administration, understanding that the Parks Department and Public Works work together, were going to make a micro park. Now, these aren't my words. These are the words of the City. The issue, in a nutshell, was CIP (Capital Improvement Programs) was to pave through one of the Margaret Street sections, between Day and Percival, and have the next two sections, the right-of-way south of Percival, converted into what they called two enclosed micro parks, which is green space for future generations. This got the community going. And if you look right there, you'll see the charrette. The charrette is a 2003 charrette, and what it is is the community coming together. And l just want to give you the level of involvement of this community coming together and give you just a brief history as to how they worked together on what they did; and they did their due diligence. This community created off the Internet, the Denver Urban Gardens, and the Denver Urban Gardens described in it the word community. It is a word that says too much and not enough. It is the sharing of interests, a listening ear, a sense of safety, a place of pride. You won't find a definition explaining how community works or why, but in the coming together, here is a sense of hope. They found something called Montgomery Parks. Residents make decisions about the park in an informal, ad hoc manner. They talk to each other and they form an informal consensus. They saw something called the Community Greens, one of the worst spots in Minneapolis. A block containing five crack houses and high crime is now rated the best garden in the United States. Chandlers Yard, Baltimore, Maryland, right in the federal housing neighborhood project; they got their due diligence. They looked at that and they said, these people did it. Jackson Heights, Queens, a sanctuary of trees. I grew up right next to Jackson Heights. Pocket parks gather, the people -- they turned around and they looked at what have other people done -- have done, and they created something called the Coconut Grove West Island District Urban Tropical Garden Club, nine residents, and guess what? The City, the City together with the nine residents. It was the NET (Neighborhood Enhancement Team) administrator at the time, Homer Whitaker. And this is what they said to each other, because it's in the minutes. "The garden could be designed to be more secure be having a garden fence." On 2 March 2004, they started to meet; seven residents. They got University ofMiami involved, but guess what UM (University ofMiami) said? They didn't have the resources. They asked if UF (University of Florida) could help, and believe it or not, UF did come down, but they didn't have the resources either. On 30 March 2004, nine residents came, and guess what they called themselves? By unanimous vote, the Grove Heritage Garden was its name. And they had 12 people come together. And who was there? The City ofMiami. On 11 May 2004, they created what was known as the People's Plan, and what you're seeing up here is the very drawings of what is described as the People's Plan. The director of Public Works, City ofMiami Page 173 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Spence -Jones, sent an agreement to the City called the 5510 Northwest 1st Avenue. It's called the Saint -- Northwest 54 Saint Garden agreement. That agreement was the blueprint under which they expected to work. They expected to have a groundbreaking on 17 July 2004; didn't happen. The group was to invite newly elected -- now, just think about this -- official Carlos Gimenez, Commissioner Winton, and the City Mayor to hear the agenda and the plans. On 16 November 2004, they finally decided where to plant the trees; and you're seeing right up there what they're doing. They continue to meet, 15 February 2005. They continued to meet 18 March 2005, and the Friends of the Everglades came and they said, we can help you with trees. On 12 April 2005, they created a survey, but what they needed to do was get rid of older trees, rocks, stumps because hurricanes had come, and they were asking everyone for help. They even asked Home Depot for help. Finally, the Tree -Man Trust came in and said, we can help plant trees. And you'll see that they met on 5 May 2005, 19 July 2005. They got e-mails from the City saying don't worry; the NET administrator will facilitate the tree planting. On October 18, 2005, they had permits issued to the City ofMiami to Homer Whitaker. On 8 September 2005, this is an e-mail -- I'm sorry. If you listen to this, the last e-mail we could locate was 18 October 2005. The next e-mail we were able to locate is 8 September 2006, almost one year went by. The director of CIP communicates to the director of Public Works, have you heard of pocket park on Margaret, between Frow and Percival? And operation's responds, initially, it was to clean up the area and keep the grass mowed until landscaping and designation as a park. And (UNINTET ,T IGIBT,F) Helmer's responds, Margaret Street is an unpaved, dedicated right-of-way. Several years ago the City was going to pave and open Margaret Street between Frow Avenue and Day Avenues, three blocks, and notified adjacent property owners. The property owners between Percival and Day Avenues, agreed, and this one block was paved. The property owners between Frow and Percival Avenues requested the City Commission to direct the underdeveloped street to be preserved as an open park space. The paving of the block -- or the two -block portion ofMargaret Street was cancelled. The unpaved portion ofMargaret Street is still dedicated right-of-way and is not officially dedicated as an official park. Subsequently, the homeowners created Grove Heritage Tropical Garden Committee, and wanted to create a garden within the City right-of-way. That is the last communication you will ever see about that park until my office came [sic] involved. On 14 March 2007, Ryan Alexander wrote to the director of Parks. Through the generosity of area contractors, our office is removing some debris at Coconut Grove Elementary on 21 May 2007. Now, let me tell you the debris that we removed from Coconut Grove Elementary. There had been a playground set that had been cordoned off with police tape for the past seven years. It was laden with arsenic. When I tried to find out when it was going to be removed, I was told three more years, so we turned around and we removed it; maybe not the right thing to do; maybe thinking outside of a box, but I thought, you know what? Coconut Grove Elementary is certainly not high on somebody's priority list, so we took out the arsenic -laden playground equipment. Ryan goes on to ask. He asked for the director of Parks approval to remove the debris in Margaret Street pocket/linear park. He says, we would only remove the low-lying stumps and the debris at the border, and the centerline of the park. The same contractors have offered to complete fencing at the sides of the park and provide fencing at the end of the park. That is their way of saying thank you to the community that has allowed them to prosper. We can work out the details of the fencing another day. However, time is limited for the cleanup. That day the director of Parks responds, please move forward, with our blessing. Now, I could tell you that it was our office that rekindled this whole plan. I could tell you on 23 March 2007, Grove Heritage Gardens actually hires Patrick Range. I could tell you that on 27April 2007, tree planting permits were starting to be issued; and was directing some people who had owed plantings in the Village West to start planting in this particular section with the permission of the City. New trees are finally put in. On 3 June 2007, Grove Heritage meets and there's a grand opening planned for 22 June 2007. Now, I'm going to ask you just to go to one section of this trifold It's the very end. It says "the fence." This is a synopsis of every e-mail that Ryan Alexander experienced. And I told you about the 14 March 2007 e-mail to Ernest Burkeen outlining the cleanup. On 21 March 2007 Ryan actually cleaned up and got the debris removal and spent $1, 457.50, which was approximately three truckloads of debris; and he took that off City ofMiami Page 174 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 and paid for that himself. On 23 April 2007 he hadAmajuwon Fencing and Welding Company provide him a $14,600 bid for the gate, and on 2 May 2007 he had a survey performed on Margaret Street pocket park, and he paid $495. Now, Ryan Alexander personally has $16,250 of his own money into this park. I'm not going to tell you everything he did was absolutely correct, but am going to tell you what he did; and to his credit, he did something. On 16 July 2007 there are e-mails to the Park Department explaining that the location ofMargaret Street and a request for some maintenance was made, and they're advising that it's now called Grove Heritage Garden. On 27 July 2007 there's an e-mail to Maria Perez, with a wish list of the park and a mention of possible reimbursement of the Margaret Street fencing costs. What had happened was the two people who had agreed to help pay for the fencing with him had reneged, and he was now bearing the entire expense of the fence; and that fence was $14, 600. On 13 September 2007 there's an e-mail from Maria Perez to Michael Barachio (Phonetic), who's a very good operations guy, and Rafael Gonzalez, requesting a request to Ryan Alexander. Mid September, Fermin Alvarez, a person I do know from Parks, mentioned that Maria may need additional bids; so what Ryan did at this time was, he said to a contractor, he said, there are two fences up here. Go take a look at these two fences and tell me what you would charge to build these fence [sic]; and he does. And he gets a bid. And to backtrack a moment with you, he also put in some cyclone fencing as well on the sides. At any rate, if you just look at the date, you'll see that it's 15 October 2007, Ryan inevitably passes those on to the City so that he now thinks he's given what's called competitive bidding. It also goes to show he doesn't know the procurement process, whatsoever. Ryan submits those bids, informing of the two estimates for the picket fencing and requesting a procedure to Fermin Alvarez, who I spoke to you a moment ago, with fax information. What happens is nothing is said to Ryan for the next month, month and a half; and then it's not until 13 February of 2008 that we actually get a phone call from the Miami Herald Now, I'm not here to tell you that we did absolutely everything correct. Whatl am here to tell you is when I learned that Ryan had submitted an invoice for payment to the City, the first reaction I had to him was, you just donated a fence to the City. Now, most of you have gotten to where you are -- andl don't mean this disrespectfully, at all -- with a lot of support from this Administration to get here. I was not so fortunate. I didn't get to your dais, to your chairs with support. As a matter of fact, none of you supported me. Chair Sanchez: Neither did I, Marc. Commissioner Sarnoff. Okay. Fair enough, Joe. Chair Sanchez: So take me out of that one. Commissioner Sarnoff. But my point is it took time to get any kind of job done here with the City, andl think part of that is a modicum of trust, part of that is a modicum of everybody learning each other; but I was very hard on my office. I wanted things to move. I wanted my office to accomplish some things, andl did it not just in the good neighborhood; I did it across the city. And this neighborhood was a neglected neighborhood. And if you just look at the book that's in front of you, 2001 this starts, and it is now April of 2007;; and we're talking about trees, we're talking about a fence; and we couldn't accomplish that. Now, again, I'm not here to tell you every i was dotted, every t was crossed, but there's a saying in law, what was his mal intent? What was his bad intention here? Ryan Alexander submitted -- he said, what about the possibility -- he didn't make a demand of the City. He said what about the possibility of getting some reimbursement? He asked for $14, 500 and submitted the invoice. He had already shorted himself $100 on the Imagewon (Phonetic) invoice. He didn't even ask for the survey. He didn't askfor the cyclone fencing. He didn't even askfor the front-end loader to help get the stumps out. This man is out $16, 250, and any suggestion of anyone in this City that he needs further punishment, other than the fact that he just bought the City a fence, rented a front loader, or put some cyclone fencing up and a survey, I think is not consistent with how we've treated each other. I've learned things in this process. Commissioner Gonzalez, who I wish was here right now, this morning said something, which I thought was -- spoke volumes. He said to Glenn City ofMiami Page 175 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Marcos, what do you mean; we have to get competitive bids when we use our own discretionary dollars? Now, Commissioner Gonzalez has been on that dais for a long time. I don't think all of us absolutely understand procurement, andl guess I'm a private sector guy; I don't absolutely understand it. And ifI brought any kind of shame on this Commission, it is with deep regret and it is with my host of apologies; but when I learned that somebody in my office had done something wrong, I took what I thought was the corrective, proper action. I made sure he wasn't reimbursed for it. Now, he doesn't sit there bellyaching and saying I'm out $16, 250. And any of you that know Ryan know that he's a man of character, and he's a great person; and in some respects, the heartbeat of my office has been wrenched out of it because he was the glue that kept my office together. I just wanted to give you, as my Commissioners -- because the bottom line is you have to trust each other. I want you to know exactly what happened with this fence issue. You know, I want you to know -- I have nothing to hide here. You're welcome to take the book; read it in total. What have told you is not inconsistent with the City Manager's memorandum. It is not inconsistent with any findings. And you know what? I'm okay with the investigation that's being prosecuted. If the Ethics Commission wishes to continue, more power to them. I acted as I deemed prudent when I learned that somebody had -- didn't -- had tried to perform a procurement that they should not have done. I don't fault him for it because I don't think he understood procurement procedures. Chair Sanchez: All right. Marc, you're done? Commissioner Sarnoff. I'm done. Chair Sanchez: All right. Commissioner Gonzalez. Commissioner Gonzalez: Just one second. I want you to know that even though I was not sitting here, I was watching your presentation, so -- Commissioner Sarnoff. Probably ran out when I mentioned your name. Vice Chair Spence -Jones: I got a question. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Were you going to say something? Chair Sanchez: No. Go ahead. Vice Chair Spence -Jones: Okay. You don't have to do it from there, Marc. Are you finished? Commissioner Sarnoff. Yeah, yeah. Vice Chair Spence -Jones: Okay, because I don't want to -- Commissioner Sarnoff. I don't mind. Vice Chair Spence -Jones: Okay. Let me just say this because I think -- well, I do want clarity on a couple of things, because you said something that kind of stuck out to me. You said -- you mentioned that they hired Patrick Range. Who's --? Commissioner Sarnoff. Oh, Patrick Range was hired by the committee. I think he volunteer -- I'm reasonably sure he volunteered his services for what is called the -- let me get the right name of the group. I think it's called the Virginia Garden -- let me go to my other pages. What happenend -- and probably didn't explain it well, Commissioner. City ofMiami Page 176 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: When you said Patrick Range, I was like Patrick Range -- Commissioner Sarnoff. Coconut Grove Heritage Garden was the name -- what this group inevitably became, and they met -- by the way, I've totaled it up -- about 26 times. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. And -- Vice Chair Spence -Jones: So that group actually hired Patrick or he -- Patrick just volunteered? Commissioner Sarnoff. I suspect. I didn't -- I never asked Patrick. Vice Chair Spence -Jones: Or was he a -- oh, he was a staff member, you mean? Commissioner Sarnoff. Well, know. I suspect that he volunteered his services -- Vice Chair Spence -Jones: Oh, okay. Commissioner Sarnoff. -- is my guess. Vice Chair Spence -Jones: All right. Commissioner Sarnoff. I didn't -- never spoke to Patrick about it. I'm not trying to suggest to you that Patrick has any involvement. What I'm trying to demonstrate to you is how much effort went into making a garden. Vice Chair Spence -Jones: Yeah. I just want -- I wanted to clear it up because when you say Patrick Range's name just on TV -- Commissioner Sarnoff. Correct. Vice Chair Spence -Jones: -- people think, okay, something else. Commissioner Sarnoff. And -- fair enough. Vice Chair Spence -Jones: And then the other question I had -- and then I'll just -- I'll make my statement on it. The contractors that were going to donate the fence, do now know who they were and why they backed out? Commissioner Sarnoff. I don't know who they are. I only know Ryan's explanation. Ryan is here, if you want to speak to him. Vice Chair Spence -Jones: I don't know Ryan. Who's Ryan? Commissioner Sarnoff. He's right there. Vice Chair Spence -Jones: Ryan, who was --? Ryan, can you come to the --? I just want to know who the contractors were. Commissioner Sarnoff. Well, let me -- Vice Chair Spence -Jones: You don't -- Commissioner Sarnoff. Their name -- he's -- you know, he's subject to discipline, and he's -- City ofMiami Page 177 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Oh, okay. I just want to know who the contractors were, Charlie, so we know not to go to them to have them donate anything else. Can you please tell us who the contractors were? Charlie Cox: No. And I understand what you're saying -- Vice Chair Spence -Jones: Yeah. Mr. Cox: -- but you know what? He's walking a fine line. I am his union representative -- Vice Chair Spence -Jones: Okay. Mr. Cox: -- and I'm advising him -- unless you're going to order him to testify -- to please not say anything. Chair Sanchez: Charlie -- Vice Chair Spence -Jones: No, I'm not. I just wanted to ask who -- Chair Sanchez: -- that's a good advice. Vice Chair Spence -Jones: Yeah. Mr. Cox: Okay. Vice Chair Spence -Jones: So -- Mr. Cox: So -- Vice Chair Spence -Jones: -- Marc, do you know? Commissioner Sarnoff. Let me try -- yeah. I don't actually know their names, Commissioner. I mean -- because I never needed to know their names, so I didn't actually know that this was actually going on; but they're guys who were building in Village West, and were prospering at one time. And as you all know, the economy has absolutely -- Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff. -- changed. The verbal commitment they made to him, they said, hey, Ryan, I just can't do it anymore. Vice Chair Spence -Jones: Right. Okay. Well, I just thought that it wouldn't be an issue, Charlie, for you to tell me who was doing it, but it is an issue for you to tell me who -- Chair Sanchez: No, no, no, no, no. Forget it, forget it. Don't -- Vice Chair Spence -Jones: Okay. All right. Not a problem. All right. This is my comment -- I'm done on that end. I don't want to have you standing at the podium because this is really not about you, and this is really about the Administration and the concerns I have with the Administration; and I'm sure I'm not the only one feeling this way, so I don't want you to stand there like I'm -- so for me, I really would like to remove the District 2 Commissioner from the equation. Like the rest of the Commission, I understand how difficult it is to transition from private industry to government. At the end of the day, we're all just trying to get things done; and sometimes the bureaucracy does slow things down, and exactly what the District 2 City ofMiami Page 178 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner has just stated is absolutely true, you know, and I'm sure when me got in office, he was busy trying to get things moving and happening, and sometimes, like I said, it doesn't really happen or move the way we want it to move when we first get here. Butl do have some questions for my Manager because, you know -- and this is something that's been going on for the last, at least, month, you know, on this issue of not just the park and the fence, but just making sure there's a clear understanding with us, as Commissioners, as to how the process actually work. So I'm glad that Marc was able to come today and bring some sort of clarity, Marc -- Commissioner Sarnoff on the issue of the -- I guess, I can't call it a park now because it's not a park; it's call a public right-of-way. Commissioner Sarnoff. Garden. Vice Chair Spence -Jones: Okay. So I'm glad that you were able to bring and show that there was a -- some sort of community process that took place over a certain period of time to even get you there, because when we asked -- or when I asked a question from the Administration, you know, how did we get here and where -- and why were we so confused about whether or not it was a park or street, I couldn't get a straight answer. So I'm going to ask my Manager, you know, which actually came on board later on, why was there confusion about whether or not it was a park or a street? I mean, I just don't understand. I mean, if we're getting briefed and ask you if it's a park or a street, you know, a public right-of-way, nobody knows that it's even a park -- how do we get to the point that we were so confused about what was what? Mr. Hernandez: It was and it is a dedicated, unimproved right-of-way. Vice Chair Spence -Jones: See -- but, see, you're saying the same thing. Mr. Hernandez: Well -- Vice Chair Spence -Jones: It was and it is. And I'm telling you, not just for me, but for the other Commissioners sitting up here. But then if you say that, then why was there a fence with locks on it, pavers, uplighting, and signage that said 'park"? Then why was -- if it was a public right-of-way project, why was -- why didn't Stephanie's office issue the permits or issue -- or do the bids? Because my understanding it always went through Ernest. Mr. Hernandez: My understanding, Commissioner, is that even though this goes back to 2001 and there is e-mails in '03 and '04, in '07, when the fence went up, the Public Works Department was not asked for their approval and/or permission for the installation of that fence. Vice Chair Spence -Jones: Who was respon -- so Public Works was not asked? Mr. Hernandez: Public Works -- Vice Chair Spence -Jones: Please, Stephanie, please clear -- you were not asked about putting up a fence? Stephanie Grindell: Stephanie Grindell, director of Public Works. Actually, Ryan Alexander asked me if, conceptually, I would have a problem with putting a fence around the right-of-way. Vice Chair Spence -Jones: Right. Ms. Grindell: Andl told him that I did not, provided that it remained accessible to the public. It's not out of the ordinary; we have many locations throughout the City where the community has an unimproved area and they want to have plantings that are over what Public Works can maintain. City ofMiami Page 179 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Right. Ms. Grindell: So when the community's interested in doing that, I reach out to Ernest andl ask him if he would be willing to maintain those items. Vice Chair Spence -Jones: Right. Ms. Grindell: So, in this case, I reached out to Ernest and he said yes. Vice Chair Spence -Jones: Right. Ms. Grindell: Now, my understanding was that -- regarding the fence, that Ryan would come back with a set of plans for an official approval. That did not happen. Vice Chair Spence -Jones: But I want to just be clear because I don't want to put the Parks Director under the bus either. I'm -- so the Parks Department was only responsible for maintaining the park? Ms. Grindell: Well, technically, yes. Vice Chair Spence -Jones: Because I thought the Parks Department -- see, and this is what I'm saying, Commissioner Gonzalez. It's like nobody knows who's doing what. And my understanding, if you're saying that they were only responsible for the maintenance -- Ms. Grindell: Well, once -- Vice Chair Spence -Jones: Ernest actually did the bids for -- Ms. Grindell: Yes. Once he agreed to maintain it, at that point I stepped out of it. And I don't know -- at that point Ernest took over the improvements. Vice Chair Spence -Jones: So Ernest, why didn't you ask for permits? Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. Wasn't about -- I wasn't going to ask for a permit because that wasn't a part of what we do. I was agreeing to maintain it, and in the process of maintaining it, there was a desire to improve it. We work with community groups to improve areas all the time; it was nothing out of the ordinary for us. Vice Chair Spence -Jones: Right. But this is my -- Ms. Grindell: Also, the electrical -- Vice Chair Spence -Jones: -- do you understand my frustration here? My frustration -- it's not even about the District 2 Commissioner. It's really not about you, Marc. It's about who -- if we ask a question, who is responsible for a particular -- whether or not it be a street or a park or something that's put there, somebody should be able to say who's responsible. If it's public right-of-way, what my City Manager told me -- I'm just telling you, Stephanie, basically what's communicated to me was that it was your responsibility to make sure that all the permits were handled, and if that was the case -- Ms. Grindell: Those permits -- Vice Chair Spence -Jones: -- your -- Ms. Grindell: -- the permits for the lighting were obtained. There were no permits required for City ofMiami Page 180 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 the pavers, and the fence -- Vice Chair Spence -Jones: I was told that there was permits for the pavers and the -- Commissioner Gonzalez: There were no -- Vice Chair Spence -Jones: -- lightings. Commissioner Gonzalez: -- requirement for pavers -- Ms. Grindell: No, no. They -- Commissioner Gonzalez: -- permit? Ms. Grindell: -- were not required because -- Commissioner Gonzalez: Then how come in a private home -- Vice Chair Spence -Jones: Yes. You (UNINTELLIGIBLE) -- Commissioner Gonzalez: How come in a private home -- Ms. Grindell: Because -- Commissioner Gonzalez: -- I have a case that a la -- an old lady, 85 years old, has been fined because she didn't get a permit to put pavers in her driveway? Ms. Grindell: Because when an outside person comes to the City to put something nonstandard in the right-of-way, they sign a maintenance agreement. In this case, the Parks Department agreed to maintain it, so there was no need. I mean, it would be like me asking Ernest to sign a maintenance agreement. Vice Chair Spence -Jones: Okay. Then why are we asking him for a permit for the fence, then? Ms. Grindell: Because that is a Building Department item, not a Public Works item. Vice Chair Spence -Jones: Oh -- do you see my frustration? Commissioner Gonzalez: Let me -- -- could you allow -- would you yield to me for a moment? Vice Chair Spence -Jones: Well, I -- I mean -- and -- Commissioner Gonzalez: I would like to ask you a couple of -- first of all, you say this goes back to 2001. Mr. Hernandez: There's material here that shows that there were some e-mails, neighborhood meetings, et cetera, going back to '01. Commissioner Gonzalez: But in -- Mr. Hernandez: -- or '03. Commissioner Gonzalez: -- 2001, Commissioner Sarnoff was not the Commissioner. Commissioner Sarnoff. Correct. City ofMiami Page 181 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: It didn't come -- Mr. Hernandez: I think that -- Vice Chair Spence -Jones: -- it didn't start happening until -- Mr. Hernandez: Back in 2001, from looking at -- Vice Chair Spence -Jones: -- 2007. Mr. Hernandez: -- the history of this, the City Commission had passed some sort of resolution directing that all unimproved right-of-ways [sic] were paved, okay, and Margaret had three blocks that were not paved. Commissioner Gonzalez: But how do we allow to put pavers on a public right-of-way, something that was supposed to be a street? Vice Chair Spence -Jones: That -- thank you. Commissioner Gonzalez: Isn't that supposed to be in a street? Mr. Hernandez: Yes. Commissioner Gonzalez: Because let me give you another case in my district, unless we're going to start treating areas differently here. I had a case in my district of a gentleman that had an unimproved area that people were using to consume drugs, to run from police, to vandalism; they used to drive cars into that alley and disassemble cars; so the owner of this property decided to fence the area and to have it secured; and he was maintaining the area clean; he was doing everything. He had flowers, everything. Code Enforcement went to this guy's house and made this guy's life miserable until he -- they brought him to Code Enforcement. He had to knock down the fence. He had to remove all the flowers. He had to bring it back to the status, so you're treating one case one way and you're treating another case -- Vice Chair Spence -Jones: Another case -- Commissioner Gonzalez: -- another way? Vice Chair Spence -Jones: That's my point. That's my -- Commissioner Gonzalez: What is the -- Mr. Hernandez: Well, out of -- Commissioner Gonzalez: -- problem? Mr. Hernandez: -- let me see ifI can fill in the story here. Out of the three blocks that were not constructed, one was paved and the residents of the other two blocks asked that their two blocks not be paved. There were no homes -- there are no homes facing Margaret on those two blocks, so those two streets were not paved And apparently, years later, in '03, '04, '05, there was communication with the neighbors where they wanted to beautify that unimproved right-of-way. Commissioner Gonzalez: Yeah, but -- Mr. Hernandez: As long as -- City ofMiami Page 182 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chairman Gonzalez: -- Mr. Manager, but you -- you know, with all due respect, ifI have a group of neighbors now in Allapattah that decide that they want to close a street and make a garden, can I tell them to go ahead and do it because no problem? Ms. Grindell: If they sign a maintenance -- Mr. Hernandez: No. Commissioner Gonzalez: You're going to support it? Ms. Grindell: -- agreement. Commissioner Gonzalez: Are you going to support them? Ms. Grindell: If they sign -- execute a maintenance agreement, yes, they can do that. Commissioner Gonzalez: They can do that? Okay, great. Ms. Grindell: As long -- Vice Chair Spence -Jones: So it doesn't have to come in -- Commissioner Gonzalez: Listen, hey -- Vice Chair Spence -Jones: -- it doesn't have -- Ms. Grindell: If it's unimproved, yeah. Vice Chair Spence -Jones: So it does not have to come in front of the City Commission? Commissioner Sarnoff. That's not what they said. Ms. Grindell: No, it does not. Vice Chair Spence -Jones: Okay. All right. I don't want to go back and forth. I think the issue for me, what I had on all of this is what -- is no one knew who was responsible for overseeing the project. When I asked Parks, Parks said it was Public Works. When I asked Public Works, they said it was Parks. No one knew what it was, and that is definitely an issue. Hector, you know, I was told that the only thing that got permits was the pavers and the uplighting. Is that not true? Were permits pulled for those two things? Hector Lima: Hector Lima, director of Building. Just to set the record clear, any time you do an improvement on a property, either public or private, a permit is required. Vice Chair Spence -Jones: So was there a permit pulled for pavers and for uplighting? Mr. Lima: I checked today and there is no permit for lighting under Westco, which I was given the name, through the Building Department. I also checked for the address that we normally use for public right-of-way improvements, andl didn't see any permits here either. There might be some. If they were pulled under maybe the specific address, I don't know. But under the address that we use for public right-of-way and under the name that was given to me, the contractor, I could not find one. Vice Chair Spence -Jones: Okay, so -- I just want to finish my statement, and I'm done on it. City ofMiami Page 183 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 This is the problem that I'm having. It's like I get briefed in my office about an issue, and I'm told, Commissioner Spence -Jones, we had permits for light and pavers. Mr. Hernandez: Lights. Vice Chair Spence -Jones: We didn't have the permits for the fences, okay. I said, okay, well fine. I understand how that -- no one knows who's responsible for anything; it's a shame, and I'm just going to say this. I'm glad in the last City Commission meeting, I'm so glad in the last City Commission meetingl asked for the quality of life funds that, no matter what -- andl understand you guys keep saying this over and over again, but I'm saying we need to look at the financial integrity ordinance. Any time any project, whether or not it be quality of life or whatever the case may be, even if the Bond Oversight Board says, yes, we support -- because they can only support or recommend; they can't direct or tell anybody to spend any money -- those projects are -- you guys are responsible for taking it or bringing it back in front of the City Commission to make sure we approve it, and that -- you know, and the reason why that ordinance was created was to make sure that one particular district did not get more work or more projects happening than the others; to always make sure if there was a four- or five-year plan put in place, all of us had a clear understanding of what our projects were; and we were not overloading one department with one district. That's why the ordinance was put in place. So I know we can -- and at this point, I can't really even believe if any of it's true because, at this point, I'm seeing that there were no permits pulled for nothing. So my question is how do we have the public walking in -- on a public right-of-way with electricity, pavers, and all of that without getting a permit to get it officially signed off on? This is the even bigger question is (UNINTELLIGIBLE) -- Commissioner Gonzalez: Let me ask -- Vice Chair Spence -Jones: -- who's going to be -- Commissioner Gonzalez: -- another question. Vice Chair Spence -Jones: -- responsible when someone gets hurt? Will the City be responsible? Commissioner Gonzalez: Who's paying for the electricity? Who's paying Florida Power & Light for the electricity? Mr. Hernandez: The City. I'm quite sure the City's paying for it, sir. Commissioner Gonzalez: The City. Vice Chair Spence -Jones: Because I got a lot of dark, green, small pocket parks in my district with no lights in them, but I'm not -- again, I'm not making a -- I want to be very clear, Marc. I'm not making this about you. Commissioner Sarnoff. Well, I -- Vice Chair Spence -Jones: I'm simply trying to bring a point out here is that there's a double standard, and things are not happening like it's being communicated in our briefings. And clearly, our districts are not getting the same kind of support to move our projects to make them happen like that. I mean, I have to literally run people down just to get a project moving, and that's a shame. And I'm going to say this in closing -- Hector, thank you for responding. Mr. Lima: But I need to make one clarification. Vice Chair Spence -Jones: Sure. No problem. City ofMiami Page 184 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Lima: Okay. I only represent the Building Department. Vice Chair Spence -Jones: I know. Mr. Lima: The City ofMiami has a lot of other departments that also issue permits. Not all permits go through the Building Department. Vice Chair Spence -Jones: So where do the other -- where do the permits go through? What other departments besides -- Mr. Lima: Public Works issues permits. There's other departments that issue permits, such as NET -- Vice Chair Spence -Jones: So if this is a Public Works project or a public right-of-way, then it would seem that it would be something that Public Works would have pulled the permits on, correct? Ms. Grindell: It's not based on what department is handling the item. It's based on the type of -- Mr. Lima: Scope of work. Ms. Grindell: -- the scope of work. Vice Chair Spence -Jones: Yeah, but what -- who's responsible for the project, though, Stephanie? Somebody -- the buck got to stop with somebody. Which department? It's not Building. It's not you. It's not Parks. It ain't a park. The park has been ruled out, so it ain't Ernest. It's not Building, so the only -- and the Manager sat with me for 15, 20 minutes yesterday. Mr. Hernandez: Commissioner. Vice Chair Spence -Jones: No. Let me finish. Let me finish. No, Commissioner, it's not a park. It's not a green space. It is a public right-of-way that people could continue to walk through and utilize as much as they want to utilize. I said, okay. Well, then, that means Stephanie should have pulled all the damn -- excuse me, all the darn permits. Why didn't that happen? Andl didn't mean to say darn. You know what I mean. Ms. Grindell: No. That's okay. It is difficult to explain, but in every particular location, this one being an example, the permits would not just come from Public Works. And I'll give you a different example. Do you recall the sign on South Miami Avenue, the one that a couple of years ago somebody hit and we tore it down and rebuilt it? Public Works issued a permit for that for location. Vice Chair Spence -Jones: Yeah. Ms. Grindell: But Building Department issues a permit for structures, and if it's something that has lighting, Building Department would do it, even though it's in the public right-of-way. Vice Chair Spence -Jones: Who did the one on Main Highway? Ms. Grindell: I don't know. Vice Chair Spence -Jones: The Main Highway, Coral Way. Who's responsible for that? City ofMiami Page 185 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Ms. Grindell: For Coral Way? Vice Chair Spence -Jones: Main High -- Coconut Grove, Main Highway, who's responsible for the lighting and the uplighting and the pavers that are put in there? Ms. Grindell: Oh, I think that's being done by Capital Improvements. Vice Chair Spence -Jones: So that's not a public -- Chair Sanchez: CIP. Ms. Grindell: It's a County road. Vice Chair Spence -Jones: That's not a public --? Okay. All right. Let me just close out on my issue because I hope you got my point today -- tonight. Mr. Hernandez: Yes. Vice Chair Spence -Jones: The fence has been the one thing that has been the main spotlight of this issue, and I'm glad that Commissioner Sarnoff has addressed it. I asked the question how did a fence get up without a permit, and why was the City asked for it -- why was the City asked to pay it? Andl guess Marc explained that tonight how that happens; somebody was supposed to pay for it and they didn't. And then my question was why was the request made four months after the fact to be paid? Glenn, can you --? I just want you to speak to why there was confusion -- Glenn, if you don't mind. If you can speak to why there was confusion around this happening four months after the fact, the fence actually being placed up. Why did this happen four months after the fact? Like why didn't the approvals happen before the fence went up? Was it because they thought the money was coming? Glenn Marcos (Director, Purchasing): That wouldn't be able to go ahead and know. I mean, obviously, the matter came to the Purchasing Department after the fact. We became aware of it several months afterwards. It's my understanding that the actual fence was installed, and it was installed around anywhere between May to July of 2007. What I can end up saying is is that when it came to me, obviously, the conversation of the installation of the fence was taken, already placed amongst City employees. What I received was basically a request to end up compensating a City employee for a job that the City would have to end up paying a company that was owned by that City employee. And pursuant to the procurement code, I had a duty; and that procurement code says, and pretty much, under the Ethics section, that any attempt by a City employee to realize gain is a mistrust of the public trust. And have to end up contacting local authorities. And if local or state laws are being violated, and even County ordinances, then we would have to end up taking a look into the matter. Vice Chair Spence -Jones: But what was your concern about the three bids, just so that I'm clear? What was your concern? I mean, if he turned in the three bids, what was your concern about the three bids? The fact that he was a City employee and had his outside company or what was it that was -- Mr. Marcos: Well, I mean -- Vice Chair Spence -Jones: -- wrong with the three bids? Mr. Marcos: -- when you look at the actual documentation that's provided to the Purchasing Department, you already have the fact that the employee already had knowledge that the job was already done. The attempt to end up coming after the fact and get quotes, what purpose is that serving? That's where the issue and the crux of the issue is, is that if, after the fact, you know for City ofMiami Page 186 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 a fact that a mistake is being done, then why is -- are the -- why are the quotes being received after the fact? I think that what you've heard today is is that at no particular point in time, the expert department, when it comes to procurement, was never contacted within this entire process; and so, obviously, the matter is brought to my attention; I have the duty to act. Vice Chair Spence -Jones: Yeah. Mr. Marcos: And ifI don't act, then I'm an embarrassment to you all. Vice Chair Spence -Jones: Right. Mr. Marcos: Andl can tell you that might have done the most unpopular thing, but after all, you know, I think that good directors and great leaders would have to end up doing the right thing, even though it's the most unpopular thing. Vice Chair Spence -Jones: Yeah. Mr. Marcos: And, obviously, it's not a very good position to be put in where, basically, you're looking at an employee that you don't know -- because I don't know Ryan Alexander -- Vice Chair Spence -Jones: Right. Mr. Marcos: It's something that it doesn't serve well Commissioner -- the Commissioner's office, so it's an uncanny position to be in -- Vice Chair Spence -Jones: Right. Mr. Marcos: -- but at the end of the day, I serve you all as your Purchasing director, andl'm here to do the right thing. Vice Chair Spence -Jones: Andl appreciate that, Glenn. I just wanted to be clear as to, you know, what was the issue as why was there a concern. My last -- and closing out -- the -- you mentioned -- I think we mentioned it or at least that Ryan is a City employee, andl'm assuming for which department is --? Mr. Hernandez: Building. Vice Chair Spence -Jones: -- Building. Hector, do not -- what is it Building inspector? Mr. Hernandez: Yes. Vice Chair Spence -Jones: Okay. Do not -- do building inspectors, do they not know that it's before they issue anything or put anything up that it -- their responsible for having a permit before they place it? Is that --? I'm just trying to understand -- can I ask you this because it's your department, andl'm trying to understand how your building inspector does not know, before he puts a fence up, regardless of who's paying for it, that you need to have a permit first. I mean, do the --? Mr. Lima: A building inspector should know that a permit is required, not necessarily from the Building Department, but it could have been from Public Works or another department. Vice Chair Spence -Jones: But if that build -- if that person was the contractor, they would -- and a building inspector, they would know that a permit was necessary, right? Mr. Lima: That's correct. For erecting the fence, a permit would be required -- City ofMiami Page 187 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: And how long -- Mr. Lima: --from some agency, yes. Vice Chair Spence -Jones: And I'm closing. How long was Mr. Alexander in your department? How long has he worked for your department? Mr. Lima: Ryan's worked with the department for over 12 years. Vice Chair Spence -Jones: Okay. All right. That was really my question. Mr. City Manager, as I close out for the third time, what steps -- andl see Charlie, so that at least lets me know there is a step being taken -- are you taking to address this issue with the City employee to ensure that this does not happen again, not just because of someone trying to do something out of the goodness of your heart, but anybody else? How -- what are we doing to address this issue with Ryan and any other employee around this outside employee -- employment issue? Because it is a problem. If there's not a true communication on how this thing is done, there becomes issues. So what are you doing to address this current issue right now, Mr. City Manager? Mr. Hernandez: Commissioner -- Mr. Chairman, Commissioners, I, myself am extremely upset with the fact that have activities going on in the City ofMiami that I'm not aware of. Things that go back to, I don't know, '03, '04, and what I've told all the directors that are involved in any kind of construction from CIP to Public Works to Parks, et cetera, any project -- and this addresses two issues; number one, the activity, and number two, the use of in this case, quality of life discretionary funds. Nothing gets moving unless I'm aware of it. And if we have an issue of even using quality of life funds, I need to know; and that's an item that is going to come before this City Commission so we all are aware of how the moneys are spent, even though it's at the discretion of the Commissioners. The only -- even when you, Commissioners, you know, talk to a director, if you ask him to do a project that is not in an approved program, that is not part of the homeland defense, part of streets bonds, or whatever, and it's already listed and approved, they need to come to me directly -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- so I know that that's happening. That's -- and I'll make the determination if it's something that has to come to the City Commission or not, but it has to come to my attention immediately. Vice Chair Spence -Jones: And think it's important for you to say to the public that the current employee that was working in Commissioner Sarnoffs office as a -- not as a building inspector, but working with -- in his office is now back in the department. You need to say that -- Mr. Hernandez: That -- Vice Chair Spence -Jones: -- so that the public hears -- Mr. Hernandez: -- person is back -- has been back in the department for the last two weeks, I would say, plus or minus. Vice Chair Spence -Jones: Okay. In closing, we know, as elected officials, that residents put their trust in us to do the right thing. Every district has needs, and I'm just hoping that -- you know, and a lot of our needs have been on waiting lists; as Commissioner Sarnoff mentioned earlier, almost seven years in some cases. I just hope that all of us get the same type of support when it's time for us to move projects in our district, you know, that are coming from our quality of life funds, and obviously, that has not really happened. I haven't seen -- Commissioner -- it City ofMiami Page 188 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 was great to see Commissioner Sarnoff get in office in 2006 and to be able to get that park done in less than a year is wonderful, you know, when we tried for four or five, you know, whatever, trying to just get something done, you know. So I'm just hoping that we get the same type of push in our districts to make sure that those projects happen and come out of the ground. Mr. Hernandez: There is no question, Commissioner. I have addressed that with all the directors and there is -- nothing can be moved forward -- Vice Chair Spence -Jones: With permits. Chair Sanchez: I mean, you could get anything -- Mr. Hernandez: In the proper legal way. Chair Sanchez: -- done if you cut corners. Mr. Hernandez: Nothing should be done in the City unless I'm aware of it. Chair Sanchez: All right. Listen, I think the issue has been addressed -- Commissioner Gonzalez: On closing -- I just have another question because I've been -- everybody has -- keep talking and I've been thinking and thinking. You say that the City's paying for the electricity. My other -- Mr. Hernandez: Commissioner, I have -- Commissioner Gonzalez: -- next question is -- Mr. Hernandez: -- I haven't confirmed that, but I'm quite sure that FP&L doesn't -- Commissioner Gonzalez: Okay. Mr. Hernandez: -- give it away free. Commissioner Gonzalez: My other question is who connected the electricity? Because Florida Power & Light requires a permit to connect the electricity, right? Who connected the electricity? Somebody went to the pole and hook up Allapattah style? Mr. Hernandez: No, no. It was done by a contractor. The work was done by a contractor and connected by FP&L. Commissioner Gonzalez: It was connected by FP&L? Mr. Burkeen: Correct. Commissioner Gonzalez: Without a permit? Mr. Burkeen: No. FP&L's not going to turn the lights on without a permit. Commissioner Gonzalez: Pardon me? Mr. Burkeen: FP&L's not going to turn the lights on without a meter. We have a contractor, andl think that Hector said he looked under a person's name. I don't think he had the right person's name. But we had a contractor, and the contractor pulled a permit. And we -- we're going to go back and get it. City ofMiami Page 189 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: The contractor pull a permit? Mr. Burkeen: Yes. Vice Chair Spence -Jones: See, we don't -- they don't know, so -- Mr. Burkeen: Yes, a contractor pulled the permit. Chair Sanchez: All right. Mr. Burkeen: We're going to go back and get who it was. Commissioner Gonzalez: All right. Chair Sanchez: We'll -- I'm sure we'll -- Commissioner Gonzalez: We -- I'm curious -- Chair Sanchez: -- have another chapter in the Fencegate. Commissioner Gonzalez: Yeah. Chair Sanchez: All right, folks. I mean, let's move on. All right. [Later..] Mr. Hernandez: Mr. Chairman, Hector just -- has an update on an item that we were discussing before. Chair Sanchez: The fence? Mr. Hernandez: No, no, the lighting. Mr. Lima: The lighting. Mr. Hernandez: He found -- Chair Sanchez: The lighting. Look -- Mr. Hernandez: -- the permits. Chair Sanchez: Just listen. Man, hakuna matata; it's behind us. Just don't keep bringing -- You know what? It's like a wound. All you do is add salt to it. Just let it go. That's it. You don't need to justify and -- it's, you know. D2.2 08-00255 DISCUSSION ITEM DISCUSSION OF URBAN EMPOWERMENT COUNCIL'S SUCCESSFUL HISTORY. DISCUSSION WILL INCLUDE SUGGESTION FOR ECONOMIC DEVELOPMENT FUNDING, COMMUNITY DEVELOPMENT DEPARTMENT FUNDING WITH CDBG FUNDING AND HOUSING AND URBAN DEVELOPMENT (HUD) RULES. City ofMiami Page 190 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 08-00255 E-mail.pdf 08-00255-Submittal-Urban Empowerment Corp..pdf 08-00255-Submittal-Positive Notes Newsletter.pdf 08-00255-Submittal-Petition ibn Support of the Urban Empowerment Corp..pdf DISCUSSED Chair Sanchez: All right. Commissioner Sarnoff, do you have another item? Commissioner Sarnoff. Yeah. I wanted to speak a little bit on the Urban Empowerment Corporation, and that was an issue that come up with -- Chair Sanchez: Can it be brief please? Commissioner Sarnoff. I could try to be brief. Chair Sanchez: Thank you. Commissioner Sarnoff. Residents, the Ministerial Alliance is here. Partnerships, members, business owners, and UEC (Urban Empowerment Corporation) clients are present this evening, unfortunately, to support the UEC program's employment services technical assistance to businesses, andl want to thank them all for coming. I know a lot of them have left. There is a petition, there's a newsletter for the Commission that you can all take a look at. I just wanted to give you a basis as to what went on. The UEC wrote a proposal with the work that it had been doing in support of small businesses in District 2. The grant was for the much -needed services for providing job creation, technical assistance, and building capacity of small businesses in District 2. The proposal was scored based on a published criteria and got a passing grading so that the Community Development Department recommended the UEC receive the grant. The UEC approved the recommendation -- I'm sorry -- the City Commission approved the recommendation of the Community Development by unanimous vote in September '07. Subsequently, the Community Development Department came to realize that there was a City HUD (US. Department of Housing and Urban Development) -- I'm sorry -- a HUD policy 570.611 that requires a full year of separation from the former agency for a former employee of a nonprofit who hires within the City and is a decision -making position to approve the grants to the former agency. I can assure you Yvonne McDonald was not in a decision -making capacity; only I am. But you know what, we said let's avoid the appearance. So the Community Development Department advised the Commissioner that the award would not be granted until Yvonne McDonald, who's in my office, had completed a full year of separation, so December '07 -- because she came on in December '06 -- despite the fact -- in '07. Now, Yvonne made a mistake and filled out a corporate document for the UEC that said she was the resident agent. Now, as you all know, being a resident agent means you don't do anything for a corporation, especially for a not -for -profit corporation. She didn't work at the UEC. She spent no time at the UEC. She's a full-time City ofMiami employee staff in my office. Should she have signed that document? Probably not, but I don't think Yvonne, who is legally blind, always can see exactly what the small print says; andl think she just signed it out of convenience because the corporation had nobody to sign it at that time. But this technical drawback created a delay and it, truthfully, is an oversight on her part. Now we have a claim that there's a bona fide conflict of interest that would trigger this action. I want you to know something, that Yvonne McDonald makes no decision -making capacity. She does not approve Community Development recommendation. But we agreed to follow the CD (Community Development) Department and ask HUD for an interpretation. We agreed to this delay to the award of -- to assure the -- even the appearance of impropriety would not be breached, and as a result, as you all know in January '07, the award was deobligated And l just want you to know that by deobligating this, 60 percent of the black males in Village West are unemployed. Most residents earn less than $28, 000 a year. The UEC has and continues to successfully provide necessary essential services to unemployed residents and small businesses in District 2. Now, they have been able to operate on a skeleton staff. And they have been able to -- over a hundred people have come in there, and City ofMiami Page 191 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 they've been able to produce about 34 jobs. I just wanted you all to know what the issue is, and the issue is that Yvonne McDonald signed as a registered agent for the UEC for 2000 -- I think it was 2007, in January 2007. I've tried to get a legal determination to tell me whether, under our guidelines, we can fund this. I'm still waiting on that legal determination. And l just wanted to explain to my fellow Commissioners that anything you've read, I can assure you that Yvonne McDonald does not make decisions. I'm sure, just like in your office, you make your own decisions as to who you're going to fund and who you're not going to fund. That is my presentation. Chair Sanchez: Thank you. [Later...] Chair Sanchez: Let me do something. We had residents that wanted to speak on an item, that was D2-2 [sic]. I do apologize for that. I don't want to deny you the due process, so please accept my apologies. I thought there was nobody here to speak on the item. Usually, people don't speak on pocket items. Commissioner Gonzalez: D2 what? Vice Chair Spence -Jones: Sarnoff. Chair Sanchez: It was Commissioner Sarnoffs. If you will -- Commissioner Gonzalez: Oh. Commissioner Sarnoff UEC (Urban Empowerment Corporation). I apologize. Chair Sanchez: Yeah. If you would like to come up, I would allow you the opportunity to speak, and then I will take both of my items. Cecilia Holloman: Okay. Thank you, Commissioners. I'm Cecilia Holloman, the executive director of the Urban Empowerment Corporation. Please call me Cece. Andl will be brief because we have been here since 9 o'clock, and we've had about 30 people from the community, who include residents, businesses, business owners, small business owners, microenterprise applicants that we're working with, and people who are unemployed and looking for jobs, and some of our clients who have been here. And additionally, we've had some of our partners, the 21 partners and organizations in Coconut Grove who partner with the UEC to help provide employment services to unemployed clients, not only in Coconut Grove but in the surrounding communities that are most disinvested. And so those persons have been here since -- coming in and out since 9 o'clock just kind of waiting for an opportunity to impress upon you how important job services are in Coconut Grove, the Village West. St. Alban's is one of those organizations that we partner with and that we have supported and who participate in our monthly meetings. Coconut Grove Cares, the Barnyard, is one of those partners, and we talked about those community groups. We work with the community. We have 21 of the community organizations working directly with UEC to try to improve this disinvested community. Right now we know that this country is in a recession, and it is very strongly felt in our community, in the small community of Coconut Grove/Village West. And so the UEC has, for 28 years, been providing services to the lowest -income people in Coconut Grove. We work with folks that other folks aren't working with, and we are currently and have been the only employment program in Coconut Grove and Village West. Recently, we formalized our adult services. We provide services to youth in employment and after school. We also provide informal. We provided informal job services, and we just recently formalized that in a partnership with South Florida Workforce, where we had eight computers installed in our incubator; and we began to provide those services to adults. We have had, since November, with our grand opening, well over 200 City ofMiami Page 192 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 people that are unemployed come into our office for services. As of January, we actually employed 57 of those people in permanent full-time jobs that had never been -- have never worked before and were very low income. We also provide support services and technical assistance to the small businesses. Most of them are minority businesses, mom-and-pop shops in Coconut Grove. We have worked with NANA (Neighbors and Neighbors Association), and we've provided all gratis free services to them for the last six years. And must say that we were very touched at the way that the Commission has handled St. Alban's because it is a sister organization, and because those are the babies in the community; and we very -- we strongly support them. The UEC has been a leader in the Coconut Grove community and has worked with all of the organizations in their time of need Recently, there was a grant from a developer. It was a developer exaction from the Grovenor Company. UEC was one of the organizations that worked strongly to get that money allocated to the small village of Coconut Grove/Village West. When the funds came out, UEC deferred asking for any of those funds. We deferred so that groups like St. Alban's and groups like the Barnyard and other organizations in Coconut Grove could access that money. At the time, we deferred because we had applied for a grant, successfully won the approval, and was scored highly on the grant; and we anticipated that we would not have a cash flow problem. And so in our leadership role, we stepped back from applying for other funding so that we could help out the other small organizations in our community that were at risk. Little did we know that we would be six months waiting to get this grant through. And so the reason that we have come is because we need to make you understand how critical this employment service is in Coconut Grove. It's an employment service. It's our only economic development organization, and it's a service that not only prepares people for jobs, but it's also a service that prepares small businesses, builds their capacity, and makes it possible for them to -- I'll be brief but we have been here 12 hours, just like you. Chair Sanchez: Ma'am? Ms. Holloman: And it is very important, so what I want to do -- Chair Sanchez: Ma'am? Ms. Holloman: Yes. Chair Sanchez: Take your time. Ms. Holloman: Okay. Thank you. What I want to do is just piggyback on some of the issues that have been brought up. One, 60 percent of the black males in our community are unemployed, and yet, we deal with the issues of crime in Coconut Grove. We're going to have new development coming along the Grand Avenue corridor, and the UEC is the organization that is going to be working with those people who are unemployed to get them jobs, to prepare them to go to work, to make sure that they are attending their jobs, getting up on time. Our 21 organizations come in and work with us, and they provide support services for these persons to be able to get jobs and stay in jobs. They help them get job ready. We only have a staff of three. Now, the critical thing is that while St. Alban's is sending out its SOS signal -- and we are strongly supporting them -- we're also sending out one because St. Alban's has not closed its doors, but the job program in Coconut Grove had to close its doors on February 15. Our staff has been coming in and working volunteer since February 15 because we simply cannot turn away the 20 or 30 people who come to our door every single day pounding at the door wanting to get in to get a job. Now, when crime is up and when you see people out in the community committing crimes, then everybody has something to say, and generally, what we hear is those folks don't want anything. Well, these folks are coming to our doors early in the morning. They get there before we even get to work, and they're standing out there, and they're waiting for our three -member staff to come in and serve over 30 people every day. We've had to move to three different sessions just to help them, because we've only got eight computers. We've moved to three different sessions because we just don't have the capacity to work with all of the people City ofMiami Page 193 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 who are coming in and knocking at our doors and saying we need a job. We need a job. Can you help me get anything? We had a job fair. We started off with a job fair that we did without asking anybody for any money. We just pulled it together. We contacted the employers. We got people to come out. We had 67 employers come out. We had 250 people come out to that job fair looking for jobs. The need is tremendous. The need to support our small businesses is incredible. Our small businesses are going under. Some of them can't keep their leases together. Some of them have -- they basically are mom-and-pop shops in our community. They live in the community, and their business is their only source of income. And UEC is the only organization that is providing these services. So I think it's very, very important that, as you take a look at what's going on in Coconut Grove, it's -- one of the most important things that we can do right now is to promote economic development and make sure that this organization continues to thrive, that we open our doors back up, and that we're able to continue to meet the needs of people to provide jobs. I'm going to give to the City Clerk our latest newsletter -- Chair Sanchez: Thank you, ma'am. Ms. Holloman: -- that really basically tells you and shows you pictures about what's going on in our organization. And I'm going to ask if one of our other member organizations up here -- Sands was the president of Homeowners and Tenants Association -- would have an opportunity to speak briefly. And then one of our clients, who I think -- we had brought several people down here to talk to you about what their dire need is. He's the only one that stayed, but he's been here since 9 o'clock, so if you'll just bear with him and give him a chance to speak to you, too. Chair Sanchez: Thank you. Ms. Holloman: And l just thank you for your time, andl also want to say thank you very much to Commissioner Sarnoff and to Yvonne McDonald. You have been very supportive of the jobs program and the needs in the community and have partnered with us, and so we're very appreciative of it. At this point we're not asking for extra money. We just want the grant that we applied for that was approved to go through, and we want to be able to open our doors back up. Thank you so much. Chair Sanchez: Thank you so much, ma'am. Yes, sir. Pierre Sands: Good afternoon. My name is Pierre Sands. I've actually enjoyed the marathon session today, but what it does to me is it demonstrates -- I'm a gardener. I work -- my easily -- my jobs are bid by the day, and sometimes the days run long. And whatl love is the fact that you stop watching the clock and you just keep your focus on the work that is necessary to get done. And so then when every -- the room is clear, we are very grateful that we have a good hard workers who have our community interest at heart. So I enjoyed today. I like grinding. It's kind of -- it's a labor of love. So I'm grateful for y'all who grind for us day in and day out. We -- as the new incoming president -- or the incoming president of ROTA, which is the Homeowners and Tenants Association, we had a loss this past week of our leader, Will Johnson, and Will Johnson had a real focus for the good of the entire community. UEC is just one of the organizations that work for the betterment of Coconut Grove. We certainly want to see that the funds that we knew or heard on January 30, Mr. Hernandez said was due to the UEC, we'd still like to see them get it. But at the same time, the real focus -- and know y'all are tired, but the real focus, again, is that we continue to make sure that every service comes to all of Coconut Grove. The Homeowners and Tenants Association had the great privilege of inviting various elected officials to come, and we continue to invite and encourage that y'all participate in this, our meetings, to do just what you stated your mission is today, is to make sure that people get served. So we do encourage UEC receiving those $167, 000. We expect that the UEC will be doing its great part of really servicing the people who don't have a voice. And so I just thank you very much. If you can just really stay focused on that, that West Grove will be really needing and all of your districts, District 2 -- Mr. Regalado, I'm very grateful that you were really focused on one of our City ofMiami Page 194 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 issues in West Village, which is St. Albans. Ms. Spence -Jones, we're very grateful. We're grateful to all of y'all in whatever you can do to really make sure that the people of Coconut Grove remain here and receive the help that is necessary to be here. Andl thank you very much. Chair Sanchez: Thank you. Appreciate (INAUDIBLE). Commissioner Sarnoff. Mr. Manager, what -- and know we probably need Alfredo, but what is involved in reallocating those funds? Alfredo Duran (Assistant Director): Commissioner, Alfredo Duran, Community Development. The first thing we need to address is the issue at hand, which is the conflict of interest, 570.611. Commissioner Sarnoff. Where do we stand on that? Mr. Duran: Well, as it is right now, we have -- there's two things we did. Commissioner Sarnoff. Right. Mr. Duran: There's a process that we need to follow when an employee of the City who was removed for less than one year from the organization that is being considered for funding with HUD (Department of Housing and Urban Development), and that is to request a waiver. Now, to do so we need to send them certain information, one of which is a legal opinion from our own counsel, which is in process. Commissioner Sarnoff. Where do you stand on that? You were supposed to get that today. Mr. Duran: We have requested it from the Law Department, andl believe that it should be coming shortly. Veronica Xiques (Assistant City Attorney): Commissioner Sarnoff, you will have it shortly. Commissioner Sarnoff. Today is shortly. Since I have a new City Attorney, I'm going to make my demand today. It was supposed to be today, and today's the day we're going to get it. Ms. Xiques: I will make sure that I speak with her and see who is the attorney handling it, and make sure that it gets done. Commissioner Sarnoff. Well, Alfredo will give you the name of the lawyer. Ms. Xiques: Okay. Commissioner Sarnoff. What's the name of the lawyer? Mr. Duran: Kirk Menendez is working on that. Commissioner Sarnoff. Let's get Kirk Menendez on the phone before this Commission's over and let's find out where it is. Ms. Xiques: Absolutely. Mr. Duran: Okay, so that process has not begun because we have not yet determined when that start -off date is. If it is -- if the date of her departure is a year after or removed for a year, we don't need to go through that process. So that's where we are right now. As far as your question, once that's been resolved, the monies are there, we could allocate those funds back to the organization. City ofMiami Page 195 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Sarnoff. Do we have to go through a public hearing all over again? Mr. Duran: No. Commissioner Sarnoff. No? Mr. Duran: No. Commissioner Sarnoff. Okay. Mr. Duran: No, no, no. It would need to be advertised again, 30 -- Commissioner Sarnoff. That's what I thought. Mr. Duran: -- days, okay? We do need to advertise again 30 days prior to coming to this body and getting those monies requested -- Commissioner Sarnoff. And shouldl bring it in front of the Commission once that occurs? Mr. Duran: Once we have satisfied the issue with the conflict, yes. Commissioner Sarnoff. Thank you. Chair Sanchez: All right. Mr. Sands: Question. Chair Sanchez: No, no, no, no, no. Next speaker. Ladies and gentlemen, I've been extremely patient today because the district Commission items have turned all into public appearances, but I guarantee you, that shall not happen at the next meeting, so rest assured. So, sir, take your time. Warren Hopkins: My name is Warren Hopkins, andl live at 555 Northeast 15th Street, Suite 23H, in Miami. I went to the center today looking for a job, and the reason I went looking for a job was because I've had small businesses of my own, I've been raised and trained and educated; and I've trained other people in different professions. And l found myself in a job that was pretty physical, maintaining my customers' yachts, and they have a real high level of expectation. I have to bring them a real high level of quality, andl have to do it when they need it. So through all of my training from the time I was a little kid, I worked with my hands because I was told that you get an education and you work because nobody has to give you anything. There's a whole lot of people out in the street that don't work. I pass them every day. I can't help everybody. Sometimes I can't even put gas in my car when I got to go to a job, but that's just how it is. I see a lot of people have a lot of money, but it doesn't cause me a problem. I'm glad to see that they have it. But I learned to work hard. I don't ask anybody to give me anything, andl don't take anything from anybody. There's been times when I had to make a decision, whether I was going to do something legal or illegal, andl chose to do without because I chose to do it right. Where I grew up, people didn't -- people that looked like me didn't have a whole lot, and not too many of them ran their own businesses and not too many of them were independent, but they tried A lot didn't. I saw a lot of examples of people who just laid around and waited for society to take care of them. My parents told me that nobody gives you anything that you don't have to pay for eventually. Trying not to make this a long story, but you need to hear the point. This center earned the money. This shouldn't even be here as a discussion. It should be on the book as a resolution because maybe by the next meeting, it should be on the book as a resolution, and maybe the attorney would have gotten the information, and maybe they can resolve the small City ofMiami Page 196 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 little details that the lady had no mal intent. She simply did what happened. It wasn't anybody trying to do something wrong. Nobody tried to abscond with some funds. Nobody trying to steal anything. Nobody trying to do anything illegal. It was simply a mistake. They happen. You all have the power to fix that. So if you fix that, the doors can be open. Why did) go there looking for a job? The reason I went there looking for a job is because I've been by there a couple of times, and) saw the door was closed. Why am I even in the area? Because I go by that area to get a haircut maybe once a week, once every ten days or something, when I have the time; and) go to get a haircut, and) stop to see the people to see how they're doing because I see that they're trying to do something for the community. Andl go, and when I go there, there's nobody there; or if they're there, they're saying, I'm sorry. We can't help you. And today it just didn't go well. I went there. I carried my little thumb drive here with my resume on here, andl'm thinking, okay, I could go out here and start another small business, and) can watch it flounder, I can watch myself make a little bit of money. But to make real money, maybe I need to do some things differently. I need to look back inside. Maybe I need some education. Maybe I need somebody to help me make a better resume. Maybe I need somebody to make some minor changes in myself. So instead of thinking I know it all, I go to the people who might be able to help me, and) can help them. Because not only do I want a job, a good job, a good -paying job where I can be a decent, contributing citizen to this society, but I want to make sure that I can stand up for things that I believe in. But who's going to listen to me? I'm just another guy. I want to be able to set an example. I want to be one of these people -- these philanthropists and all these other entrepreneurs who can make an example, who can (UNINTELLIGIBLE) and make a difference. That's what I planned all my life. Now, I'm in this position where I go to these folks andl'm asking them maybe for a job, so I knock on the door, I ring the bell, and the place is closed, but she's nice enough to answer the door. When she answers the door, she tells me the program is closed. The door -- we don't have any money to run the program. I said that's ridiculous. Chair Sanchez: All right. Mr. Hopkins: I said how could you not have money? And she says, well, we were granted the money, but they won't give us the money. And then she goes to describe what just happened, the reason why the money's not there. So I have to go away, but) don't just go away. I tell her, I says, so what's going to happen? She says, it just so happens that today we have this meeting, and we're going to go there and we're going to hopefully get our voice heard. I said, well, I'll go there with you. So all day today I just put on hold everything I had to do because I think it's important that I'm just another person who's looking for a job. Maybe something that I say might help get this money back into this place where I can go there with my little thumb drive, and I can sit with them and we could put together something for me; and I can go away with a real job and go out there and make a contribution to this society, and I can go back -- because they're trying to teach -- Chair Sanchez: Sir? Mr. Hopkins: Yes. Chair Sanchez: With all due respect -- Mr. Hopkins: Yes. Chair Sanchez: -- you got-- please, you know, in conclusion. I mean, we've got a long meeting today -- Mr. Hopkins: Okay. Chair Sanchez: -- and I've offered everybody -- City ofMiami Page 197 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hopkins: In concluding -- Chair Sanchez: -- an opportunity to speak -- Mr. Hopkins: Okay. Chair Sanchez: -- and you know. Mr. Hopkins: In concluding, they're trying to establish -- Chair Sanchez: We -- Mr. Hopkins: -- a program for people to -- Chair Sanchez: -- understand what they're trying -- we understand clearly what they're trying to do here, but let me be just very honest with you. You know, you're involved in bureaucratic B you know what -- Mr. Hopkins: I know. And we're trying to get through that. Chair Sanchez: -- and it's not our fault. Mr. Hopkins: I -- Chair Sanchez: It's the State -- Mr. Hopkins: -- know. I realize that. Chair Sanchez: -- HUD regulation that has all this language where the money's very restricted with all this language that it's beyond our control. Mr. Hopkins: I realize that. Chair Sanchez: I think we've been very patient to listen to your concerns. We're going to do everything we can. I think the district Commissioner has taken upon himself -- Mr. Hopkins: Okay. Chair Sanchez: -- to see how we could work this through HUD and just get this thing taken care of. Commissioner Sarnoff. Well, let me -- I just got to know -- Mr. Hopkins: Well, I apologize for taking too much of your time. Commissioner Sarnoff. Wait, wait, wait. Let me give you a little bit of good news because I just got some good news. Veronica -- I hope I can say her name right -- Xiques spoke to Kirk Mendez [sic], stated there is no conflict; you'll have a written opinion tomorrow, andl hope that can be sent -- Chair Sanchez: Congratulations. Commissioner Sarnoff. -- by Alfredo -- is he still here? Well, I hope he can send that on to HUD, and hope we can get this resolved in the next 30 days. City ofMiami Page 198 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hopkins: Thank you. There's about 150 names on these petitions. Chair Sanchez: We don't need them. Mr. Hopkins: These are people who wanted to help say what I'm saying. Commissioner Sarnoff. I feel -- Mr. Hopkins: So thank you all. Commissioner Sarnoff. -- I sit here before you -- Mr. Hopkins: Appreciate it. Commissioner Sarnoff. -- feeling pretty impotent -- Chair Sanchez: All right. Commissioner Sarnoff. -- in that there's not much I can do. Mr. Hopkins: But we thank everybody. You guys put a lot of times in it, and we appreciate everything you do. Commissioner Sarnoff. But the good news, Alfredo, is that Veronica Xiques just spoke to Kirk Mendez [sic], and there is no conflict; you'll have a written opinion tomorrow. Chair Sanchez: All right. Thank you. We'll move on. We have other items. Ms. Holloman: Thank you so much. Chair Sanchez: Jesus. You're quite welcome. Look, before the -- before my colleagues leave, I do want to apologize for today. I could assure you, at the next Commission meeting, this will not happen again. Your blue pages will not turn into personal appearance. If you want a personal appearance, put it on the agenda, go through the proper channels, and have people come here and speak in the morning because you know what? We can't spend three -- two and a half hours, an hour and a half on these blue pages. It's an injustice to this Commission and the people that show up and the people that are here working at the City. I just want to be extremely honest with you. I mean, we've got to get control of this Commission or else we end up doing a disservice. But I'm glad your issue was taken care of. All right. DISTRICT 3 CHAIR JOE SANCHEZ D3.1 08-00273 DISCUSSION ITEM DISCUSSION CONCERNING THE POLICE ATHLETIC LEAGUE. 08-00273 E-mail.pdf DISCUSSED Direction by Chair Sanchez to the City Manager to draft an ordinance creating a one -dollar administrative fee for hiring off -duty police officers that will be utilized to assist the funding shortfalls of the Police Athletic League program. City ofMiami Page 199 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: All right. If you could just allow me the opportunity, I just have two items, all right? But I wanted the City Manager to be here. Commissioner Gonzalez: Let's move on. Let's finish (UNINTELLIGIBLE). You're recognized. Chair Sanchez: Thank you. I'm glad somebody's got control of this Commission meeting because I lost it a long time ago. Commissioner Gonzalez: D3.1. Chair Sanchez: D3.1 is a discussion concerning the Police Athletic League. Mr. City Manager, we had discussed this not too long ago in this Commission that we directed the Administration to put together an ordinance similar to the one in Jacksonville, which I will get into, okay, to try to assist PAL (Police Athletic League) funding the programs in the City. You've all heard today the two-hour presentation -- well, better yet, not discussion; public appearance -- of an organization worthy of looking for funding, and this Commission will bend backwards to provide the funds for them. Yet, we have an organization that's ours, PAL, which works with the Police Department, citywide, that does tremendous service to our children. These are kids that are in parks, in programs, whether it's boxing, football, whatever programs. These kids are in parks and not out in the streets committing crime. I am one that strongly believes that I'd rather spend $7, 000 in educating a child than spending $48, 000 to incarcerate him; and yet, because of funding -- and things will get bad, trust me. This is just the beginning of these organizations coming in front of this Commission begging and threatening for funds. But we have a moral obligation, as citizens of the City of Miami and Commissioners and people that work in the City, to help PAL come up with money. The solution that I presented to this Administration was a simple one. Jacksonville already has in place an ordinance and a system where they allocate $1 administrative fee from their off -duty police officers, okay, which has been in place for three years now, and it raises $450, 000 a year to fund those programs. I personally -- well, my staff personally contacted Jacksonville and spoke to the director, Lieutenant Bobby Diehl, who is the Jacksonville PAL's director. He said at first, when this ordinance was passed some of the businesses quietly objected to it, but they supported it because $1 of surcharge per hour for off -duty went into that program. Now, PAL is associated with the Police Department. Now, I heard that there are concerns that the last time that this was raised about big -ticket items, like, you know, if we build up the PAC center, or if we -- if they work off duty at the PAC center or they work off duty at Marlins Stadium. We could create, as they did in Jacksonville, where the convention center and stadium and other facilities are exempt from those charges because they serve as management of public venues, and the costs would have simply been added to the ticket surcharge. So we have a perfect opportunity here, as we start getting very creative in finding funds, to work with the Police Department. I can't even fathom to have the chief or any police officer tell me that they cannot support this, because I guarantee you that the people that are paying for that off -duty are not going to mind paying another dollar or 50 cents or whatever we agree on crafting this ordinance. But it will generate 400, 000, $300, 000 of funds, which they don't have right now. I'm personally working on putting together a golf tournament for PAL because they're down to bare bones. They're not here today, but we do have the Police Department that represents PAL on this, so I'll let you just elaborate a little bit on that and -- Steven Caceres: Good evening, Commissioners. Yes. My name is Steven Caceres, major of Police for the Police Department. Right now the funds -- andl spoke to the PAL director this morning -- they're down to $17, 000. In the last two years, they have collected through grants and donations approximately 125,000. They received LETF (Law Enforcement Trust Fund) funds last year, and we're going to try to give them funds -- Chair Sanchez: Yeah, but hold on. Law Enforcement Trust funds continue to dwindle, and they have been reduced severely. City ofMiami Page 200 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Major Caceres: Correct. Chair Sanchez: All right. If you look at what they've got at one time, what they were getting -- what they're getting today, it's a reduction of almost like 80 percent, if I'm -- Major Caceres: That's correct. Chair Sanchez: -- not mistaken. Major Caceres: That is correct. Chair Sanchez: Okay. So I just wanted to put that on the record. So what I would suggest -- andl had an opportunity to sit down with Frank Fernandez and speak to him about this -- is that we will sit down with the Administration and Legal Department, my office, and craft an ordinance similar to that. The only thing that we ask when it comes to this Commission, that will work to get the Police to support it, andl will get PAL to be here to support it. Because I think that if we're able to accomplish this, just like Jacksonville did, it is a good ordinance that will benefit, once again, the children of our community. And it's a shame. It's really a shame when we have our own programs, $17, 000 in funding in our own program, something at one time we took pride. I used to hear people say, oh, you know, PAL, football league, and all over the place, and this -- and we're all proud of this department. Today we don't have such a program, and we are in dire need of programs to get these kids off of the streets. And believe it or not, the money we spend today is money we save in the future, whether it's incarcerating them because of drug problems, because of other evil things that they do out on the streets, because of the bad elements they get associated with, well we have an opportunity to prevent that if we do this. So I'm not making a motion or anything. I'm just putting it as a discussion item because the Administration should have had that ordinance, and I'm going to find out why it was pulled. I think that -- my understanding is that the chief pulled it, which I will sit down with the chief. Yeah, I was -- was my understanding that the chief pulled it, and I'll sit down with him. Butl guarantee you that we'll bring that ordinance back to the Commission on that one. Pedro G. Hernandez (City Manager): Mr. Chairman, I -- Chair Sanchez: Yes. Mr. Hernandez: -- believe that the Police Department does fully support the item. There appear to be some issues in drafting it or from the legal concern that they are working with the attorneys on. Chair Sanchez: But, Pete, what does it take? Mr. Hernandez: But they do support it. Chair Sanchez: Does it take eight months, a year to draft an ordinance? I hope not. I mean, I certainly -- not with the new attorney. I mean, I'm hoping that we draft it in about a week or two. I mean, all we have to do is contact Jacksonville and just plagiarize it, change it a little bit. I mean, we're -- why reinvent the wheel when the wheel's already created? Commissioner Gonzalez: Invented. Chair Sanchez: And Jacksonville has not been challenged. They have never been challenged, which is a concern -- the last time that I spoke to Legal was, oh, they're going to challenge us. Oh, we're going to end up in court. So what? Sometimes you've got to crack a few eggs to make an omelet. City ofMiami Page 201 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Get in line. Chair Sanchez: Yeah, get in line if you want to sue us, all right? On that one. So I'm asking, directing -- respectfully directing -- andl know the powers that are bestowed on this Commission -- is to direct the Administration to sit down with Legal and craft the proper legislation to be brought to this Commission for a vote, okay? That's one item. D3.2 08-00152 DISCUSSION ITEM DISCUSSION CONCERNING ANIMAL PROTECTION. 08-00152 E-mail.pdf 08-00152-Submittal-PowerPoint-Presentation-Tethering Ban.pdf DISCUSSED Chair Sanchez: The other item that I have is an item that was taken up in the County Commission, and the County Commission deferred it but brought it back; and really, it pertains to tethering of dogs. And when I say tethering of dogs -- like first, I didn't know what tethering was. It's usually a leach [sic] where they tie a dog. Well, ladies and gentlemen, we have -- let me refract. First of all, if you own a pet, you're responsible for that pet. You should take care of that pet. You should make sure that that pet has water, food. You're taking to the veterinarian. You should treat that pet like a child. I don't have a dog; I have three children. I don't have a dog because I don't have the time for the dog, nor my wife has the time for the dog. But ifI had a dog, I'd take care of the dog. If you drive around the City -- and I've seen already three instances, two in Allapattah and one in Little Havana -- where these animals are tied with a rope against a tree, and the rope's like three feet long, with no water because they usually spill the water or whatever, and there's no protections of these animals. So the County passed an ordinance that really protects the dogs, but it puts the burden on the owner because the dog cannot take care of itself; it needs an owner to take care of. And it really lays out -- and I'm just going to read a couple of things here for you, which the ordinance that I have, I'm not going to read it because I'm sure we're tired and we want to get home. I'll give it to the City Clerk. I'll pass it out to all my colleagues. And, Commissioner Sarnoff, I know you're a dog lover, so. If you could just pass this. It's very simple. Okay. Well, I've just been informed that it's not been passed by the County, but it will be introduced. So part of this will be that we draft a resolution in support of the County, and then we also bring a resolution back supporting our own legislation. One, the dog is a [sic] visual range of all responsible parties, and the parties is located outside with the dog. The tether is connected to the dog by a buckle -type collar of the body, and that's one of the things that we want to do is to make sure that the rope isn't just tied around the neck of the dog. The dogs are out there in extreme heat, cold weather, no food, no water. And basically, when you treat those animals in such a way, you give them no choice but to be aggressive, and that pertains to dog bites, aggressive dogs that get loose on the streets. So, listen, I don't want to bore you with this. I just want to have a commitment from us that we're going to support a resolution and work with Code Enforcement. Mariano, you know better than I do. I mean, drive around Allapattah, drive around Little Havana. You certainly don't see this in the Grove. You certainly don't see this around Shenandoah area. But you do see it in certain areas of our community where people are picking up dogs and not giving them the attention and love that they deserve. So we would need to pass a resolution and make sure that these animals are protected, all right? So I'm not going to bore you with the language. The language just basically says that the dogs have to be tied six -- you know, six feet of tether with a buckle so it doesn't tie themselves. They have to have water. They have to have shade. They have to have food. They have to be in visual sight of the owner. So the legislation will come back to you written in a resolution form, which I will champion, and I'm sure that Commissioner Marc Sarnoff will cosponsor this legislation with me. Commissioner Sarnoff. I didn't know that we could actually legislate for dogs. I thought animal control was left at the County. City ofMiami Page 202 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: No. We -- Manuel Loret de Mola (Director, Code Enforcement): That one is not. Commissioner Sarnoff. Sorry? Chair Sanchez: -- could. Go ahead. We've researched this because I thought -- you know how I Commissioner Sarnoff. I didn't know that. Chair Sanchez: -- found this? I was driving through Allapattah. I was going -- as a matter of fact, I was going to go play golf, andl saw this dog tied to a tree, and the leach [sic] was about this big. Commissioner Gonzalez: That's inhumane. Chair Sanchez: The leach [sic] was about this big, and the dog was tied around the free; didn't have any water, didn't have -- I stopped, you know. The owner wasn't there. Spoke to the neighbor. I said, look, I mean, that dog is going to choke. Oh, I don't talk to my neighbor. We don't talk. We don't get along, which is shame because, you know, it's a shame that we don't talk to our neighbors. Oh, but he ties his dog. I said, well, you know what? We're going to call animal control on him, Humane Society. We're going to call. And we did call. And then I spoke to the officer, and the officer, well, you know, the County's passing an ordinance similar to this, and you know, we encourage your government to do the same, so therefore, we're preparing the language to make sure that we have legislation to protect -- Mr. Loret de Mola: Loret de Mola, Code Enforcement. That's the only thing that is not in our ordinance, specifically what he says. Commissioner Sarnoff. Is that animal control or --? Mr. Loret de Mola: It's animal control, yeah. Commissioner Sarnoff. Yeah, 'cause I didn't think that we had the ability to enforce animal -- Mr. Loret de Mola: No. County enforce it, but we got an ordinance that cover all of that, except what he's talking about. Commissioner Sarnoff. Well, I didn't know that. Okay. Chair Sanchez: And listen, one of the conditions is that the dog is at least six months of age in order to be tethered up. Puppies should not be tethered. So, you know, the language is there to protect them. I mean -- all right. That's just it. It's just a discussion item that will come to us in a resolution form, andl want you -- I think that's the proper process, so when it comes to us, we know what we're addressing. DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00256 DISCUSSION ITEM DISCUSSION REGARDING THE ST. ALBAN'S ENRICHMENT CENTER. 08-00256 E-mail.pdf City ofMiami Page 203 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 DISCUSSED (D4.1) 08-00256a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: REQUESTING THAT THE CHILDREN'S TRUST INCLUDE THE ST. ALBAN'S CHILD ENRICHMENT CENTER ISSUE AS AN AGENDA ITEM FOR THE NEXT SESSION OF THEIR BOARD.) 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-08-0144 Direction by Vice Chair Spence -Jones to the City Manager to come back at the next City Commission meeting with the funding amount available from special events items that can be defunded to be utilized to assist the St. Alban's Child Enrichment Center. Chair Sanchez: Okay. Let's move. Commissioner Regalado: Chairman. Chair Sanchez: All right. Commissioner Regalado: I wanted to see, if possible, the -- on my blue page, there is one item, and there are some persons that are here -- Chair Sanchez: Is that D4.1, St. Alban's Children -- Commissioner Regalado: Right. Chair Sanchez: -- Enrichment Center? Commissioner Regalado: Right, right. Chair Sanchez: Okay. Commissioner Regalado: If you would agree, because they have to leave? Chair Sanchez: No. Let's -- point of privilege, we'll get them out of order so we could get you out of here. Okay, come on up. Commissioner Regalado: Okay. Basically, Chairman and members of the Commission, we read in the newspapers that St. Albans, especially the Child Enrichment Center, St. Alban's Day Nursery in Coconut Grove, which is a historic school, was in trouble because of funding. Andl requested from Community Development the information, and indeed, as every agency in the City ofMiami, your agency has been receiving less and less and less funding from the City, and I'm sure, having experience this morning the tragedy of the possibility of not getting more service for citywide clients ofAccion Transportation Service and the fact that the Chairman let the issue with putting our money from our office to fill the gap at least for this year. I have also been contacted by members of the community sort of as a media person that read and heard my comments and watch, and they're willing to help. And the reason why I placed this in the blue page, Chairman and members of the Commission, is that if we can only save one project, one agency, one day at a time -- andl know we cannot do everything at the same time, but today, in City ofMiami Page 204 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 the morning, we were able to save an agency from closing its doors and made recommendations to the County. And if we can, today, think what can we do, the City, the County, the State, the Federal Government and the private sector, I think that we will be very happy that we can achieve something good done by government. So that's my proposal. By the way, in 2003 St. Alban's receive $50, 000 from the City, and in 2007, $23, 000 from the City; andl am sure that you were defunded also by the County. And this is what we want to hear. Thank you for coming. Bernard Griffith: Thank you, Commissioner. My name is Father BernardM. Griffith. I'm director of Christ Episcopal Church in Coconut Grove. This is my first appearance here, andl hope that it will be my last. But it is important enough to bring me from my day off to speak on behalf of St. Alban's Child Enrichment Center. Commissioner Regalado: And by the way, one of the reasons that are very interested in this is because one of my dearest friend is your bishop, Leo Frade. Mr. Griffith: Leo Frade. Commissioner Regalado: And Bishop Frade has been a friend of me and my family for more than 30 years, and -- Mr. Griffith: Yes. Commissioner Regalado: -- we love him. Mr. Griffith: He's one of my dearest friends, too, because I place second to him as bishop. So I am the bishop in waiting. But from the St. Alban's Industrial Center in the 1940s through St. Alban's Day Care Center, and then to St. Alban's Child Enrichment Center, this place, in almost a nondescript street, Brooker Street, where the main building is, has served residents of Coconut Grove and people around Coconut Grove admirably. And we have been mostly under the radar because there have been no major scandals, as far as I know, and also because most of the members of the various boards have tried their best to work through all of the hardships and difficulties as far as not to appear to be a beggar anywhere, anytime. There was always a sense of pride in the fact that this place was started by Christ Episcopal Church and then it became its own 501(c)3, and that Christ Church has given for almost what we calla peppercorn rent the building and the space on Brooker Street, as well as the rectory in which I should be living, but I am not living, as a place where children from zero to five can receive adequate education. This place has provided a very safe environment for these children, and we work with all of the groups that we can find and all of the City agencies and County agencies, and also with the federal agencies to provide as best place a place we can. Right now we are not just squealing or squeaking, but we are mourning and growling. The agency is in danger of closing its doors. After over 60 years of dedicated service, providing a place that not only children can come from early and receive education, but also a place where families can bring their children in, lower -income families, and they can go off to work and not be on welfare, which we think is of great value and benefit to the City ofMiami and to any interested person. And so we are here in the midst of developments and redevelopments and massive developments to come as an agency that still wants to be open, that still has a group to serve, that still has a constituency, and that can still provide quality education for a whole group of kids. We are about 200 strong right now, as far as children are concerned, and that's a lot of children. And if we have to close our doors, we will have to put them out, and we don't know where. There would, of course, be transportation problems and other financial problems for the parents that are still having children there. I brought with me some members of the staff who are sitting behind there. Some of them have served that agency for over 40 years and some for 30 years, some for 20 years. I'm here to ask for your help, and I'm going to use the word I've just heard, I am urging you to help us. I -- City ofMiami Page 205 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Thank you. Mr. Griffith: -- think that's a good word. We unfortunately have been linked with the rest of Coconut Grove all down through the years when it came to things like Empowerment Zones and so on. We are considered a very high -income area. After all, Coconut Grove does have some affluent people. But there is that pocket of people that live in what we now affectionately call West Grove; that have been there all the time, almost from the beginning of any place called Coconut Grove; that have been striving to make a living and create institutions that are meaningful for them. This is one such institution, andl think it will be a shame if it is closed. And so I would ask you at this time to consider as much as you can how you can help us. We have three categories at St. Albans, and all three are important. We do have the Head Start component, ages three to five, and they do fund us, but not adequately. Obviously, they have limited funds, too. They fund about 80 percent, and United Way gives maybe 10 to 15 percent, but we're always struggling because in the midst of all of that, things are increasing in price. Agencies are demanding higher standards for educational institutions. They're demanding better qualified staff which means accompanying increase in salaries, and all of the building codes have increased. We also have the component of zero to three, we call them, from the time they're thought of until they get to us, zero to three, and those are the ones that are not funded by Head Start. Those are the ones we have to seek and find funds in order to keep them going. We have about 60 of those, and those kids are there in an educational institution supervised by those who are educational authorities in this City, and these kids are provided a very healthy, wholesome, safe place, and we hope that will help to develop healthy and wholesome minds that, in the long run, we may not have to spend money on them if they do get into trouble. Too many of our people are now in jail, and we think that the money should be spent upfront rather than at the end. And the third component is the family day care homes. We do have family day care homes, and they are mostly situated in Little Havana. And we have about ten of those homes right now, each one has five children, supervised by a provider, who has to be licensed and is also supervised by headquarters on Brooker Street. And so it's a varied agency serving all kinds of races, and all kind of creeds and religions. We are now almost, I believe, half Hispanic and half black, and that's good, and that trend will continue, no doubt. But we hope to stay focused on our purpose, if you would grant us the help. I'm not going to ask for anything directly. I have some other worthy people who are following me. I have with me Tracy Mourning, and guess some of you know Tracy Mourning. I also have Martin Margulies, and I have Dr. Frank Sands, and they will give brief reports to you. Thank you. Thank you for your time. Chair Sanchez: Good afternoon, sir. State your name and address for the record. Welcome to City Hall. Franklin Sands: Mr. Chairman and members of the Commission. My name is Dr. Franklin Sands. I'm the executive director, recently appointed to St. Alban's. I was born here in Coconut Grove, in 1939, and my parents and grandparents, who were pioneers and who worked for David Fairchild and the Grovenor's at (UNINTELLIGIBLE) down on Douglas Road. I count myself among the more than 20,000 plus children who have received day care at a St. Alban's facility over the more than 60 years. Back then making a living was hard, but most managed to not just make a living, but get enough ahead to purchase land, build a house. Those who did not have the luxury of an older relative to watch the children were disadvantaged and fell behind in the race to middle-class status or getting out of poverty. You see, this is the major niche that continues to be served today, the careful nurturing and positioning of mostly disadvantaged children to succeed in school. Presently, St. Alban's provides comprehensive child development services to 214 children from six weeks to five years of age. We have 180 children enrolled in Head Start program, 34 children enrolled in the child development services, and others. St. Alban's is an organization that will, in my estimation, my recent estimation, continually expand its capacity to create its future, if, indeed, it can survive, survive gentrification of its surrounding neighborhoods and its chronic financial shortfalls, but it is not enough for St. Alban's to merely survive in competition with other competing Head Start programs, which would exclude City ofMiami Page 206 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 categories of need for which St. Alban's has been historically responsible. One would ask what the impact of the community would be if St. Alban's failed. You know, it's all about giving second chances and opportunities and uplifting. St. Alban's represents a critical asset in West Grove or, better known now as Village West. Parents can't do what this enrichment center does and has done for children over the past 60 years. We cannot let this school fail because the children, the parents, and the teachers -- you see some of them in the back here -- will suffer the lost. Parents are assigned to social service specialists and provided resources to find a job while their child is cared for at the center. We must solve the financial crisis that plagues the center, has plagued the center over years because it has never been adequately funded. We must pay down old debts that are currently now non -reimbursable; cash flow we need, sufficient to front payroll and expenses to enable preparation of timely reimbursement packages. We are currently establishing a new vision for St. Alban's Enrichment Center to include an honorary board of directors for fundraising, comprehensive strategic planning and more community involvement. We must look forward, and we must look toward the future. While respecting the historic significance of the past, we are learning from past and present difficulties, though we must all be dedicated to providing St. Alban's Enrichment Center with a new birth of hope. I wanted to stay strictly with the script in order to just get some emotional items out in a fairly systematic fashion. However, what I really want to say to you is I've come out of retirement to take on this challenge. IfI can go around the world and travel to the republic of South Korea to repair its secondary and elementary system, which we did from Florida State University, I feel that I could come back to my backyard, my home, and give myself to the kids, their parents, to the teachers of this great institution, which is an historic asset of this community. Be clear, we do have serious financial problems. What will it take? We need cash flow. We need approximately $250, 000 a year for the next five years. If this City ofMiami could see to it that this agency can pay off all of the old debts -- and the old debts are not reimbursable any longer, you see -- and we continue to get further and further behind -- and this has happened to every other executive director who's taken over and tried to lead at St. Albans. I beg you to give me a chance to turn St. Alban's around. It can happen. That whole community wants it to happen. And now I'd like to call upon Tracy Mourning. Tracy Mourning: Good late afternoon. Good evening, everyone. I'm not going to repeat everything that has been said because I know we all have something to say, but I would like to speak as an individual who feels that I've been brought full term back to Miami. I used to live in Miami when I was a little girl right down in Goulds, as my mom worked at the jail and cleaned houses right here in South Florida; and an amazing lady, Ms. Annie Lou Johnson, used to take care of me. My husband andl and our family have resided in the Grove for more than ten years -- the past ten years, and in coming back to this area, I see exactly what my mom spoke about. We left this community because she said -- she recognized that, as a little girl, I was not being educated as -- when she'd come pick me up, I was the little girl shooting craps on the doorstep of the pool hall, and the one thing chunked the ball and tote the bag, and having conversations where she couldn't understand me. And ever since I was a little girl, she would say, Tracy, if they can keep you uneducated, they can control you. As a little girl, you don't know who "they" are, butl can tell you that as I've come full circle back to this community, I see what "they" are. They -- it's a system that continues to tell us that we're not so important, and us being the young people of this community. You know, when we're in Coconut Grove, whether it's Overtown, and we see all of these amazing high-rises and great buildings and apartment buildings going up all around us; and living in Coconut Grove where you just cross the street, and you're in a totally different environment; and you're being told all the time that's not for you, we don't have it for you, that plays on a person's mind, and that leads to other things. So I'm very thankful that I had the mother that had, you know, that made the decision that education was the key. For these young people, education is the key. You all know that education is how you came to be where you are. Education is the only way out, and if we don't start early, it just makes the tough -- the job even tougher. I'm a mother of two children, and know the importance of education because I've had to do my homework to try to find the best schools for my children. I have been blessed to be able to afford the private schools that are here, you know, but had it not been for my City ofMiami Page 207 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 mother and the circumstances and God that's bigger than us, I could have been very well one of those little kids right there in the Grove, in -- way down south, you know, that are trying to find other ways to support myself. Education is the key, and we have to take care of our young people. You know, it's very hard to explain to your children and children that you work with how this community, this state, and this country can spend billions of dollars on other things, like changing other places in the world, and fighting other places in the world, but we don't have a couple of hundred thousand dollars to support the education system here or the programs that are here. And I'm sure that you all see it more clearly than anyone that there are a lot of more cuts that are coming, a lot of more changes that are going to happen. And it's very clear that those that are going to be affected first and foremost are the ones at the bottom of the totem pole, the bottom of the list, and those are our children; you know, not just my children, you know, because they're the same color as I am, but they're our children because we have a responsibility to them, and that early education -- parents are dealing with things that we had no clue about. Our children are dealing with situations that we, as young people, had no clue about; the same chances that we took as young adults, as young people, they cannot take those same chances because the outcome will not be the same. That second chance will not be there. I ask that you find a way to support this program. I -- I'm sure people stand in front of you all the time asking for money. I wouldn't want your job for all the tea in China, you know, because you have a tough job ahead of you in making decisions and deciding who gets what, when, where, and how, and who's more deserving. Everyone's deserving, but we have to find a way to show our children that they are important, that they matter, you know. And if your parents are out working -- like I said, my mom scuffled and worked her butt off andl didn't realize that we didn't have, you know, because it was the type of mother that she is, you know; and I've been very blessed with that. And being here today, you know, just like a lot of other people here, you could be doing tons of other things, you know. Thank God for my mom. She's picking my kids up from school today so I could be here, you know, but there are a lot of parents who do not have that opportunity, and there are a lot of children who will never have that opportunity unless they get a head start; and truly, how much of a head start are they really getting with what's ahead of them, you know? So if it's money, let's find a way to provide that and provide the services. And if it's volunteering your time, finding a way to put your time out there as well -- I know you all are very busy, you're here for God knows how long, and the time you have to put in -- but we, as a community, we see -- we have to do something because we know that we can't just rely on government, but we also know that we need our government to support us in everything we do. So I thank you for your time. Chair Sanchez: Thank you. Martin Margulies: Hello. I'm Martin Margulies. I live on Key Biscayne. I'm fairly active in the Overtown community. Tracy andAlonso Mourning and myself developed the Overtown Youth Center, which the City owns, and gave us the property to do that; services hundreds of kids after school; and I'm also very active in the optimist football league, servicing 420 kids, and also the Lotus House, a homeless shelter for 50 women and 16 infants, butl didn't come here to boast about what I've done. I read in a newspaper about St. Alban's, so I decided to look at it. It's a very impressive school. You must not let it fail You must not let it close. You -- where are those kids going to go? They can't go to public school because they're underage. The kids, the parents, are struggling to make a living so their kids can have a life. I went to that school. It's clean. It -- they take meals. They take good care of the children. There's a 120 years combined of service to that school. You can't buy that. This is a facility that must be saved. This is your legacy; you cannot let it fail. Otherwise, it will be something that you will be responsible for. The federal government has given over a $1, 000, 000, the State has given money, the County has given money, and on the low end of the totem pole is the City ofMiami. We cannot be a great city unless we take care of kids. We are now the poorest large city in the United States. You can build tunnels. You can build stadiums. You can build anything. But without the kids, you're kidding yourself. It's not a great city unless you take care of these kids. Thank you. City ofMiami Page 208 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: Thank you. Mr. Margulies: Oh, by the way, to make things easy for you, the request was $250, 000, andl will pledge $50, 000 a year for five years. Thank you. Chair Sanchez: Thank you. Okay. Nina. Nina West: Nina West, 3690 Avocado Avenue, Coconut Grove. Everybody who lives in Coconut Grove knows about St. Albans, and St. Alban's predates everybody on this Commission by a few years in terms of what organizations you may have supported as Commissioners. St. Alban's was here before that, and they have -- they've done a wonderful job where nobody will work; and they have always had outreach so that poor people, not just in Coconut Grove, but also in Little Havana, can take part in this excellent program. I was shocked to hear that they needed money. I can guarantee you, if you give them some, you're going to get wonderful letter and great pictures from their children as thank you notes. I hope you will not let this institution die. I doubt if there is anyone -- any institution of this type, of this age, in the City ofMiami. I urge you to please, please support them. Thank you. Chair Sanchez: Thank you. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman, and I'm -- I didn't know that we are going - - we were going to have so many important speakers. This was an item that I thought it was good to be discussed, and as we said this morning, there is so much we can do, the City. I wish that we could have all the money to support all the good agencies, but there is -- there are things that we can do and it's to bring this to the public domain and make of the St. Alban's situation more than a newspaper story or a comment on a radio talk show. Number one, I think that we need to be proactive in saving our institutions in the City, but we also need to share with other governments the needs to support these programs because all of us are residents of the County, of the state, and the federal level; and we need to be more aggressive in coming to the County, in coming to the State seeking funds for that. There's one thing that we should do, and we can do as a city -- andl am sure that we have not explore that avenue -- and it is the Children's Trust. The Children's Trust, we support. We, each resident; you, each property owner pays 50 cent for every $1, 000 of your property value; andl am -- and you know, I pay the Children's Trust maybe 70, 80, 90, $100 a year andl don't complain because, eventually, it's for the children, like Martin had said. But we need to be on record going to Dave Lawrence, my dear friend, Dave Lawrence, who is the president/CEO (Chief Executive Officer), and bring this case and lobby before the board as a City because basically, Head Start and the attention to children who cannot access the school -- the public school system is the mission of the Children's Trust. So the City -- you know, if we had $250, 000 right now, we'll give it, but we have to divide $250, 000 in 250 projects that are so important and necessary to the City, but we should do it. And we should take Martin's commitment and have other people in our community repeat what he had promised. I think that we have the staff here from Community Development, Hector and Alfredo, and of course, we need to understand -- I mean, even, if we called him and said -- and the Manager -- is there money? They're going to say there is no money, but there is money. We could do several things. We could ask our Congress Delegation to seek a waiver from HUD (Department of Housing and Urban Development) so we can use more money in social programs, and this has been done in the past in the City ofMiami. And we are entitled because we are one of the poorest city in the country. We could go to our Congresswoman of this area, Ileana Ros-Lehtinen and Kendrick Meek -- as a matter of fact, it was Congresswoman Meek who did the waiver for the City ofMiami back in '98 where we could use more money. We could go to Congress -- if we get that waiver, we will be able to scrap maybe several thousand dollars more for public service program, and if we go to the Children's Trust, maybe we can get -- but we need also to go to the County, and we were talking this -- about this this morning. We need to go to the County government and seek their help. We can do many things, but we cannot do it alone in the City. There is so much. And know that everybody looks at the City because it's the City ofMiami Page 209 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 oldest, the most well-known -- I mean, Miami -Dade County had to change their name because nobody knew Dade County in the world, but everybody knew Miami, so this is why they change the name. So Mr. Chairman, if you allow, I would ask for a vote on a resolution requesting -from the Children's Trust that this issue will be put in the agenda in the next session of the board and for Community Development and the representative to go there and seek support from the Children's Trust to keep the center running -- Chair Sanchez: All right. Commissioner Regalado: -- and then come back to Community Development for more information. Chair Sanchez: All right. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. 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." Resolution passes. Vice Chair Spence -Jones: All right. Commissioner Regalado: I will not take more time. I know that this is -- it's a -- one of Commissioners' page, and we heard what we needed to hear, but I think that we should walk all avenues and go to the County -- and my commitment, I will go before the Children's Trust Board with the Administration and anybody. I know some of the members, andl think that they will be more than interested in knowing the good work that you all do, and other than that, get some information on the City possibility, butt guess that the message should be that we're not going to let you like die alone; that we will not be holding your hand, but trying to give you an adrenaline shot, so thank you. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff. Yeah. Just so you know, Commissioner Regalado, that both the Mayor, the City Manager, myself went out there last Friday; we approached the Children's Trust. Unfortunately, the Children's Trust was not amenable to -- I guess we don't fit the right shoe for them. And want to thank Mr. Margulies, andl understand he's very generous, andl wish there were 20 others like him, so what I've done is I've actually met with Tibor Hollo and other philanthropic people in the City ofMiami, and we are going to attempt to create an endowment for this organization. In the interim, what I did was I did secure $50, 000 to prevent their doors from closing within the past two weeks, andl know that Mr. Margulies had made a sizable $10, 000 donation, followed by his $50, 000 donation, andl don't think there's an imperative that the doors will close in the next 30 or 60, 90 days. I think we've got to get real to some extent and I think the private sector needs to step up. And when Mr. Margulies addressed me in the Miami Herald -- and if you should ever need my address at City Hall, I'd be glad to give it to you. But you did address me in the Miami Herald. I did step up. And am stepping up. And I'm going to the most philanthropic people in the City ofMiami, andl am trying to secure from them -- you know, I know I could raise $100, 000. That's not the issue. The issue is how do I create a sustainable environment for the next 15 years, one that you, sir, will be proud of andl would be proud of that a legacy would be built upon? Unfortunately, legacies are not built in ten days. It's going to take a little bit of time. Now, I may not be the greatest at city government, but I do understand charitable donations, andl do understand how philanthropic people work, and that is the means that I'm going to try to work to resolve this issue, once and for all, by providing an City ofMiami Page 210 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 endowment for them so that they can govern their own course. As far as going to the Children's Trust, Commissioner Regalado, if you know a way of doing it, other than the Mayor and myself tried you might know something) don't. The United Way -- Commissioner Regalado: I know just -- I know that they have elections in August 26 of this year, and that election in Miami -Dade County will decide whether or not they close their doors and not charge any more of your taxes and mine, or to become a permanent agency in Miami -Dade County. Commissioner Sarnoff. Correct. Commissioner Regalado: That, I know. I know that they have done polls. I know that five years ago, only six percent of the population knew of the Children's Trust; now, it's only 42 percent. I know that they need 51 percent to succeed. And because I know that, now is the time to lobby them. August 29, it will be too late, but before. Commissioner Sarnoff. Then I will more than be glad -- andI think the folks at the -- at St. Alban's be more than happy and I'd be more than glad to attend any meeting you have. I want you to know that we tried that route. I want you to know that United Way recently cut them in half, and this City is a big to contributor to United Way, and) want you to know that the major Mayor is actually working with the City Manager on trying to get their funding back to full level. Now, on a more grandiose idea, I did get the Mayor, the City Manager out there, and we did look at an opportunity here, which is the opportunity that right across the street from them happens to be the Barnyard. And if you know anything about Village West or West Grove, it is how an entire society has raised its children. From zero to three, they essentially don't get funded. Out of their good graces, they take care of the infants. From three to five, they fund themselves with Head Start. From five to probably about nine or ten years old, the kids go to school, and then the after school program is the Barnyard. And if you've never been to the Barnyard, it's probably one of the most magnificent places in all of Coconut Grove, and) would suggest to you the City ofMiami, to see just how much fun kids can have and see how little they have fun with. And the last time that place had a renovation was by NBC (National Broadcasting Company) in New York City, about ten or fifteen years ago, when they built the basketball court. Both places is directly across the street from each other, and if you just think, if we just did a little bit of master planning -- and) actually e-mailed (electronic) the City Manager on this, and) said, what if we were to take down all of the fences and treat this as a campus and suggest that it's really not about St. Alban's and it's really not about the Barnyard, but it is a campus on how an entire segment ofMiami has raised their children. Andl think the City Manager -- and) hope he was very receptive to that idea. I know he was very interested. Andl think what we have is an opportunity here to create a campus. Now, I'm trying to look at this from a very large standpoint, not from a small standpoint. I know that we can keep your doors open. I know I could raise enough money so I could walk out of here and say I know for the next year you're fine, but it's not about next year; its about the next -- Vice Chair Spence -Jones: Commissioner Sarnoff, can -- is that a challenge for us all to try to do the same? Commissioner Sarnoff. I'm not sure I follow. Vice Chair Spence -Jones: Meaning, I think that you're actually issuing a challenge, which I think is a great idea. If you're willing to do that and you've stepped up to the plate to do that, I would like to join your challenge to help you raise the same. So whatever you do on your end -- and) would like to appeal to my other Commissioners. I think that, you know, if you're willing to go to people that have had an interest in supporting, I'm willing to go -- even though it's not in my district and it's in the West Grove, I do understand how important it is to support the school - - I would be willing to join my efforts with you, and maybe perhaps we can do something almost City ofMiami Page 211 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 immediately to help raise money for St. Albans, because I think that's what their issue is right -- I'm sure you know that. They just need dollars right now. Commissioner Sarnoff. Well, I -- they -- I don't think they're in the dire straights of right now, andl could -- the easiest thing could have done, Commissioner Spence -Jones, would have been to have a fundraiser; I would have satisfied a lot of people; I believe I would have raised the $67, 000 that they need to pay off on a debt as a result of moving their pension funds and using them on a summer program; I believe I could have raised them another $35, 000 and felt pretty good about myself, but I'm moving a little more slow andl'm moving a little more deliberate in trying to see -- instead of raising a hundred or 150, 000, is it possible, with some of the philanthropists that we have in the City ofMiami, to get a $1 million grant -- or I should say that right -- $1 million endowment so that simply the interest alone keeps them sustainable for the next ten or fifteen years? Then is it possible, from the City ofMiami standpoint, to create a campus effect for not only St. Albans, but for the Barnyard; and I've got news for you, they take turns getting in financial trouble, you know. The problem is neither one -- both face diminishing financial ability when it comes to government, as we're all facing it. Coconut Grove and District 2 get the least amount of money of any CDBG (Community Development Block Grant) grant simply because we're not a poor enough community. I don't get what District 5 gets. I don't get what District, you know, 4 gets; and yet, I have a pocket of the community that is in dire straights and dire needs; not just them, but equally in Wynwood So, you know, if it comes time and we could do it together, I absolutely welcome everything you're suggesting. I just -- I want you to know that a couple of people, very philanthropic people said leave this with me for two weeks; I'm going to have some people work on this. I'll get back to you as to what an action plan will be. Now, that meeting occurred not a week ago, so I'm still waiting one more week, and I'll be honest with you, it's Tibor Hollo, and to his credit, he stepped up and said, you know what? I'm going to help you with this. And from there, I hope Ellis Cisneros will come on board and a number of other people that I think you probably know the names to, and instead of them showing up with a check for $5, 000, we can create something that maybe we can model after for a number of other communities and a number of other, you know, worthy agencies; and this is a very worthy agency. This is about kids. You know, who was it that said it a moment ago? Father -- father said, you know what? I'd rather spend the money now than on the prisons later? And you're dead right. You're absolutely right. I'd rather spend the money on a basketball and have a basketball program than I would to pay for prison for ten or fifteen years later. And you know, midnight basketball, we've started that over in the Grove. The optimist football program, we funded that. You know, I feel a little bit like I've taken it on the chin because everybody's thinking, well, this guy really hasn't helped. I don't think that's true. Mr. Margulies, you certainly called me out in the Miami Herald, andl'm more than willing to take your challenge, but if you want to write to me again, you don't have to do it through the Herald; I have a mailing address. But I appreciate your waking up the sleeping dog that I might have been. Chair Sanchez: All right. Sir. Mr. Margulies: Well, I'm a little confused by his statements. I'm not talking about the Miami Herald now. I'm talking about 200 kids, andl don't need to hear a speech regarding kids and your sensitive feelings because I said something in the Herald about helping these kids. And you said, well, we'll go to the private sector. I can go to the private sector. We're asking the City for help right now. This facility will not be opened 15 years from now with you saying we're going to do this, we're going to solve this; we're going to rip down some fences and start with urban planning, and this institution is not in dire straights. How can you even say something like that? You don't know what the situation is. I can tell you it's in dire straights, and we need the City to step forward. That's why we're here. That's why we waited three hours. That's why Tracy and Alonso Mourning andl succeeded with the Overtown Youth Center. We need help now. You're going to Tibor Hollo -- I've known Tibor Hollo for 30 years. I say to you, writing a check is easy. The Children's Trust turned them down already, so that's not going to work. As a matter offact, I have a meeting with David Lawrence on the 25th of March andl'm going to ask him City ofMiami Page 212 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 why he turned down this institution. What is his criteria [sic]? Where does it fit? So while I can appreciate your sensitivity, I don't agree with it toward the Miami Herald or anybody else. Let's keep things in perspective. This is about 200 children who have nowhere to go if this facility turns down. And it is your legacy because it is your district, and if this closes, the City should really be ashamed of themselves. Andl don't want to get myself all embroiled if this, andl don't need any patronizing about my donation. Why don't you put your vote where your speech was and vote to give this money -- I'm sure the capable hands of the Manager, Mr. Hernandez, can find 200,000 and change after spending millions of dollars on consultants in the parks, the museums, the monumental buildings that you're doing to make this a great city. This will not be a great city unless you help those children and other children in this community. That's why this man is going out there and doing the Overtown Youth Center raising money for -- because he understands -- he's not a politician -- you need to take care of the children because the children are the future, the children are now. Chair Sanchez: Thank you. All right. Vice Chair Spence -Jones: Thank you, Mr. Margulies. Chair Sanchez: Close the public hearing, coming back and we're going to put this to rest. Let's go. Vice Chair Spence -Jones: Right. Thank you, Mr. Chairman. First of all, let me just say this. I really appreciate St. Alban's and you guys coming and sitting for three hours, andl appreciate Commissioner Regalado thinking that it was really important enough for it to even -- for him to even put it on the agenda today for us to address it. We all know that St. Alban's has been having issues, and we've been seeing it all over the paper for the last four weeks. Mr. Margulies and his supporters are to be commended for stepping up to the plate for at least trying to do something to save the school. The discussion really today was not about future planning. It was about how do we save the school right now. The issue is in order for them to keep the doors open, there's key things that must be done right now to assist them. I would -- I'm glad that -- here's one more thing we agree on, Commissioner Sarnoff, that we would be willing to at least do something almost immediately to try to raise some immediate funds to assist with the endeavor to support the school, andl'm willing to do that in the next 30 days; andl'm sure Commissioner Regalado and my wonderful Chairman that's sitting here like he's exhausted and tired and ready to go, all of us will pitch in to make that happen in Coconut Grove. I would like to ask -- because I want to give you something definitive, you know, because I think that that's what the whole purpose of the discussion is. Mr. City Manager, I had asked earlier about -- I know a lot of times we have these signature events or special events that that have taken place in the City and some of them have not happened or have not -- have been cancelled for whatever reason, and that is one pot of money that we've discussed at one time or the other that there might be some resources that -- not to the tune of $250, 000, but ifMr. Margulies has proffered that he would put $50, 000 in for whatever the match was, I wanted to find out from you if there's anything that could be made available for those events that are no longer happening because they're cancelled? And I'm -- want to ask the district Commissioner if he would be comfortable with that, if these events are no longer there and these are rollover dollars that could be utilized to assist them immediately because they have an immediate issue, would you have a problem with that? Commissioner Sarnoff. No. But I'm not aware of the rollover dollars that were even donated this morning at the behest of the Chair, andl hope I -- those rollover dollars exist because the last report I got, I didn't have those rollover dollars. But if he's seen a report more recently than me, I'd be more than glad. Vice Chair Spence -Jones: Yeah. Andl don't want to spend a lot of more time on it. I just want - - I don't want your -- you coming here to be in vain, so what -- and if the district Commissioner City ofMiami Page 213 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 has said that he doesn't have a problem with any of the special events, that there are some events that might have been cancelled (UNINTELLIGIBLE) -- I think Roger might have mentioned or the Manager might have mentioned around 48, if that is something that we have that you can look into, Mr. Manager, that would be greatly appreciated. Pedro G. Hernandez (City Manager): Commissioner, we briefly discussed this with our Budget Director, Michael Boudreaux, and he tells me, yes, that there's a possibility of being able to find a certain amount of money in the range of maybe 40, $50, 000, in that range. Vice Chair Spence -Jones: Okay. And if the district Commissioner is comfortable with that, you know -- ifMarty -- Mr. Margulies, if you're still willing to do that as a match -- I mean, I just want to -- because it's your district and I'm trying to respect it. If -- Commissioner Sarnoff. You know, it isn't about my district. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. It's about saving a center. Vice Chair Spence -Jones: Okay. So -- Commissioner Sarnoff. And if the City has that ability, you know, I'm more in favor of doing it. I want you to know that when I went to our Community Development Department andl wanted to trade my economic development dollars for my social service dollars, I was told couldn't do it. I said -- I was told it just couldn't be done, and then when I suggested that anything that I wanted to do couldn't be done. You know, the Mayor and the City Manager only went out there last Friday, and the City Manager has yet to get back to me; and we were supposed to meet next week and go through whatever plan that could be mustered to figure out what moneys could be transferred. Because all dollars are restricted, you know that andl know that. Vice Chair Spence -Jones: Yeah. Well, I just want to add -- because I never had a chance to go to St. Albans, and the first time that I got a chance to visit it was with Commissioner Sarnoff when we were doing the district ride, so I had an opportunity to visit; and the school is a beautiful school. I'm the only mommy up here that has a three -year -old child, so I understand how important it is to have good day care services for kids, so -- andl think Commissioner Sanchez has a six -year -old boy. So the Commission's all in support of making something happen. Andl think the purpose of you coming today is there's an immediate need, I think, that you have -- Commissioner Regalado that has brought it up. I think you have Commissioner -- the Commissioner of that district that's now saying that he's in support of it. Now we're just going to ask that the City Manager comes back to the next meeting -- because I understand that my Chairman, we do not deal with money items on our blue pages, but if you could please come back to the next City Commission meeting with that dollar amount. And Commissioner Sarnoff, do you want to bring that on your --? Well, you can't bring it on your blue pages. Commissioner Sarnoff. No, no. I'd like to bring it as a discussion item, one that's capable of voting off of it to find out what special events have not been better allocated, but not funded that we can defund and put towards a -- put towards the school. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Mr. Hernandez: I want to be on the record that from the Community Development perspective, they don't have any dollars available. City ofMiami Page 214 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: It's not -- he knows that. Commissioner Sarnoff. They don't have what? Mr. Hernandez: (UNINTELLIGIBLE) -- there are no dollars available from -- Commissioner Sarnoff. No. I -- Mr. Hernandez: -- Community Development. Commissioner Sarnoff. -- that's what -- Vice Chair Spence -Jones: Yeah. He says special events. Mr. Hernandez: What we're trying to do -- Commissioner Sarnoff. If they came up there and told you that now, then that would be a direct contrary -- Mr. Hernandez: No, no. They -- Commissioner Sarnoff. -- statement that they -- Mr. Hernandez: -- don't have any money. Commissioner Sarnoff. Right. Mr. Hernandez: They don't. What we're doing here is trying to look at other sources. The Commissioner suggested the special events and to look there to see if we have less (UNINTELLIGIBLE) expenditures than anticipated and see if we can round up enough money to be able to have -- Vice Chair Spence -Jones: That would at least give them some relief -- Mr. Hernandez: -- that kind of an amount. Vice Chair Spence -Jones: -- at this point. That's the point. Andl think that we all want to do that, give them some relief. Andl do agree that there needs to be an overall endowment plan or something put in place immediately to assist you, so I don't want to like throw the other thing away, butl want to help the school right now and I'm sure that's what you are trying to do here. So I don't know if you want to bring it back as a discussion. You want to bring it back as a discussion item at the next meeting, or if he's able to find it, then bring it as a --? Commissioner Sarnoff. Well, I'd like to bring it as a resolution -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. -- if we could? Mr. Hernandez: I'll -- Chair Sanchez: All right. Mr. Hernandez: -- confirm with budget and get back to all of you and let you know what the situation is. City ofMiami Page 215 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Vice Chair Spence -Jones: Thank -- Chair Sanchez: Please do. Vice Chair Spence -Jones: -- you so much. Chair Sanchez: All right. Okay. I want to take this opportunity to invite all to support the St. Albans; they're having the Grove Art Stroll on Sunday, which is this Sunday, March 16, so all those that are watching home, that are watching on TV (television), it would be a good event to go and maybe help out the organization. That's on Gifford Lane? Commissioner Sarnoff. Gifford. Chair Sanchez: Gifford And what's the cross? Commissioner Sarnoff. Gifford -- Pierre Sands: Oak. Commissioner Sarnoff. -- and Oak or Gifford or -- Gifford and Oak is really it. Mr. Sands: Yeah: Chair Sanchez: Is it? Mr. Sands: It's Oak -- Dave and Oak. Chair Sanchez: Okay. Commissioner Sarnoff. Yeah, Dave. I -- Chair Sanchez: So we'll invite all those to attend the event and help them -- Commissioner Sarnoff. All proceeds are going to -- Chair Sanchez: Yeah. Commissioner Sarnoff. -- St. Albans. Chair Sanchez: All right. Thank you. Okay. Let's -- let me just -- if you would allow me just an opportunity here, because I have to try to get control of these meetings. This item should have been a personal appearance. I'm going to ask you very nicely again -- Commissioner Regalado: Mr. Chairman, I did not know that people were going to show up. Chair Sanchez: But it's fine; people could show up on a -- Commissioner Regalado: No, no, no. Chair Sanchez: -- personal appearance item, Commissioner. Commissioner Regalado: But I did not invite -- Chair Sanchez: All right. City ofMiami Page 216 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: -- anyone. Chair Sanchez: I don't -- this is a public hearing; people -- but it needs -- Commissioner Regalado: And -- Chair Sanchez: -- to be on the agenda, because you know what? We're going to start having different organizations now coming in front of us with all these state cuts in Tallahassee and the federal government, and there are a lot of organizations out there that are hurting and they're going to be -- you're here opening up the floodgate and every one of them has a reason and a valid argument as to be looking for money, because the federal government is not sending it down to the State or the City. The State continues to cut our budget, and we're the ones local, which have to deal with the people; and we have to sit here and go, you know what? You're absolutely right, we got to find a way to help them out, but we got to be honest with the people. We can't lie to people. The money is limited, and we have to make sure that we do fund great organizations that are able to provide. The ones that are not providing, they shouldn't get any money. So I just want to tell you that next time that we bring this up, you can invite anybody, as long as you go through the process -- we can have all the personal appearances you want. We could have five or six Commission meetings, Monday through Friday, if you want, but when we go to the discussion items, it's a discussion item brought by the Commissioner. It's got nothing to do with you. We're glad to have you here. It's just a process that we're trying to establish here because, ladies and gentlemen, we have a crisis, whether people want to accept it or not. Things are going to get much, much worse. And you're going to have great organizations struggling looking for money, whether it's through the private sector or their government, and they all come down here to City Hall, where local government is the one that you could reach, unless you want to get on a plane and go to Tallahassee and speak to your senator or your representative or fly to Washington and see your congressman or your senator. I think your best bet is to drive down to City Hall where, odds are, you'll run into your elected official and he'll give you the time of day. Thank you. Okay, let's move on. Commissioner Regalado does not have an item. Do you have another one? Commissioner Regalado: I just have a pocket item, but -- Chair Sanchez: Well, pocket items will come in at the end. Commissioner Regalado: Okay. DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 08-00274 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON THE OSHUN VILLAGE PROJECT ALONG 54TH THROUGH 58TH STREET, ALONG 7TH AVENUE. 08-00274 E-mail.pdf 08-00274 Background Material.pdf NO ACTION TAKEN Vice Chair Spence -Jones: All right. Can we go ahead and take this --? I'm not taking my item - Chair Sanchez: Okay. Go ahead and take up your item, and I'll yield mine. Thank you. City ofMiami Page 217 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Denise Wallace: Thankyou, sir. Thankyou, Commissioners. Vice Chair Spence -Jones: Thanks, Denise. Chair Sanchez: Thank you, Denise. Vice Chair Spence -Jones: Not Dennis. City ofMiami Page 218 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 NON -AGENDA ITEMS NA.1 08-00308 RESOLUTION District 3- Chair Joe Sanchez A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS IN THE AMOUNT OF $40,000, TO ACTION COMMUNITY CENTER; ALLOCATING FUNDS IN THE AMOUNT OF $10,000, FROM THE DISTRICT 3 ROLLOVER ACCOUNT NO. 001000.920918.6.930, $10,000, FROM THE DISTRICT 4 ROLLOVER ACCOUNT NO. 001000.920919.6.930, $10,000, FROM THE DISTRICT 1 ROLLOVER ACCOUNT NO. 001000.920921.6.930, AND $10,000, FROM THE DISTRICT 2 ROLLOVER ACCOUNT NO. 001000.920920.6.930; URGING THE MAYOR OF MIAMI-DADE COUNTY AND THE MIAMI-DADE COUNTY COMMISSIONERS, TO PROVIDE FUNDS TO ACCION COMMUNITY CENTER; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0131 Chair Sanchez: Okay. So that takes care of -- on the issue of Community Development, Mr. City Manager, I read the copy of the letter sent to you by the County Manager in reference to the lack of funding for Action Community Center, the organization that provides transportation in this community, and they've been doing that for quite some time now, over many years. I'm very concerned that our residents will be denied transportation and the services that that agency provides. On this letter, what the County clearly states that there is no funding from the County. I know that that organization attended my community meeting pertaining to community development, and I know they attended most of the other Commissioners' district asking for the need of money with the situation that they're faced. I would like to make this offer -- and it's -- I would like to donate $10,000 from the District 3 rollover account to the Action Community Center to help them continue service to the seniors in our community. But I would take this opportunity also to challenge my fellow Commissioners to help on their end. This is an organization that provides a great service. They are faced with cuts, just like a lot of social services organizations are being faced with cuts. Ladies and gentlemen, you read the paper, what's happening in Tallahassee. There's a perfect storm brewing out there. There'll be more coming. There'll be more cuts. The burden will continue to fall on local governments to provide to those agencies, agencies that do provide a good service. And I've been a strong supporter of agencies that have a good track record, agencies that provide. And based on the situation that they're in, it's my understanding they need to come up with about $80, 000. The letter that was sent out, there's eight Commissioners from the County and the City that most of them benefit from the services they provide, so that's why it's important for me to put my money where my mouth is and allocate $10,000 of my rollover account and ask this Commission to support that organization if they have some money; and also, encourage the County to put some money until they're able to come up with the funding, or we're going to have to end up coming up with the funding 'cause that's an organization that not only do I have the outmost [sic] respect for, but you do too, so -- Commissioner Regalado: Mr. Chairman. Chair Sanchez: -- stating that on the record. City ofMiami Page 219 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: Chairman. Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: I will follow your lead also with $10,000 of rollover. And I think that they're more than that. Accion services citywide in the City ofMiami, and l just got today -- and I hope that the Manager have it also -- the different areas where Accion serves as a County Commission areas. There are five County Commission districts that are served by Accion within the City of Miami, five; so it's five here and five there. I would follow the Chairman's lead with $10, 000 for the budget shortfall from our rollover account, but I would request that Accion will deliver a letter to every client telling them that the City Commission has taken this emergency action, and that they should contact their County Mayor and their County Commissioner because they do vote for them. There is County elections in August 26. Now, more than ever -- and this is not about politics. This is about social services, but the only chance that these residents have to have a voice is the window between now and the County elections where seven County Commissioners are up for reelection. I would request, as a condition, that Accion sends -- delivers a letter or brings a letter to every client requesting them -- identi their County Commissioner and their County Mayor and requesting them to plead with them so funding for next year will be increased instead of being decreased. You know, the funding has gone down, down, down from 20,000 two years ago to 16,000 this year from the County, and the City of Miami is taking all the responsibility, which I'm sure we don't mind, but it is important that the County partners with this agency, which serve the same amount of clients that respond to elected officials in the City ofMiami is the same amount that respond to County officials -- to elected County officials. So, Mr. Chairman, you did the right thing, and l follow your lead, but it is important that we make the County elected officials, that they also have a responsibility; that if we find the money -- I mean, you have a rollover, I have a rollover, and some of us have a rollover. The County Commission district have a discretionary account of more than $2 million each County Commissioner, and they can -- Chair Sanchez: Each County Commissioner -- Commissioner Regalado: Yes. Chair Sanchez: -- has a $2 million --? Commissioner Regalado: Yes. They're rich, but we're poor. But you know, that's why your $10,000 and my $10,000 means more because I only have, I think, 12,000 or 13,000 in the rollover. They have a discretionary fund, and they can come up -- and the Mayor of the County has also discretionary fund, so I'm just saying that, you know, they need to know that, you know, we can do so much. Pedro G. Hernandez (City Manager): Commissioner, ifI may. Chair Sanchez: Before we do that -- Mr. Hernandez: When we said -- Chair Sanchez: Hold, hold, hold, hold, hold, hold. Commissioner Gonzalez. Commissioner Gonzalez: Yeah. These are the things that don't understand about this County government. Andl don't understand how come the County government can spend $500 million on a tunnel, $700 million on the Performing Arts; they come up with this fabulous agreement that is going to cost I don't know how many billions of dollars, the super deal, and they don't have $80, 000 to provide transportation for the senior citizens of this County, some of which are City ofMiami Page 220 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 even disabled. Those are things that can't understand from this County, and that's why, you know, each day I be [sic] more and more and more pro -vote anything that has to do with the County because they're very insensitive. They don't really care. They're all -- you know, they're on their big business deals, and all they care about is big business deals. They don't seem to care about the people below, the people down on the ground. And you know, we could be telling the seniors to appeal to the County, butAccion already did appeal to the County, and read a letter from the County Manager saying that they don't have any money. They don't have $80, 000, and you see this County Manager come to this Commission advocating for a super deal that is going to cost the County I don't know how many millions of dollars. And you see this same County Manager at the County Commission advocating for a stadium that is going to cost $500 million. So, you know, I mean, this is a joke. This is a joke. And I'm going to add to your 10,000. I'm going to add 10, 000 from my account too, but you know -- andl agree with you, Commissioner Regalado, you know. The seniors have to know that we, the City Commissioners, are doing everything that we can to give them the support that they need, but also, they need to be aware that the County is not doing the same for them. Thank you. Chair Sanchez: I'm going to make it easy for Commissioner Marc Sarnoff. You might as well then throw 10,000 too 'cause they benefit your district too. Commissioner Sarnoff. Oh, I would love to. I'm not aware of whether I have that in the account. IfI do have it in the account, I'd be more than -- Chair Sanchez: Oh, you have it. Commissioner Sarnoff. Then I will certainly -- since Joe knows my budget better than me -- Chair Sanchez: I know everybody's budget. I'm the Chair. Commissioner Sarnoff. Okay. Then I will certainly -- Chair Sanchez: All right. Commissioner Sarnoff. -- welcome the light competition. Chair Sanchez: I have passed the gavel. Mr. City Manager, what would request, through a resolution, a resolution where four out of the five Commissioners have allocated from the rollover account 10,000, which is a total of $40, 000, to be allocated to Accion in a resolution form; and also, accept the amendment that was made by Commissioner Regalado to include letters to the following County Commissioners who also benefit from their service; the Honorable Chair Bruno Barreiro, Honorable Audrey Edmonson, Honorable Carlos Gimenez, Honorable Rebeca Sosa. Those County Commissioners, it's my understanding that they receive service from this agency. Commissioner Regalado: Commissioner Rollins [sic]. Chair Sanchez: Excuse me? Commissioner Regalado: Commissioner Rollins -- Rolle. Chair Sanchez: I'm not sure if you want to add -- Commissioner Regalado: Yeah. Chair Sanchez: -- his name too. We'll add his name too. Commissioner Rolle. City ofMiami Page 221 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Regalado: Yes. Chair Sanchez: All right. So that's the motion that I made. I've passed the gavel to Commissioner Sarnoff. I need a second on that. Commissioner Sarnoff. Second. Commissioner Gonzalez: I'll second. Chair Sanchez: All right. Commissioner Sarnoff. I'll second. Chair Sanchez: You're the Chair. Commissioner Sarnoff. Oh, I'm sorry. I'm the Chair right now. Commissioner Gonzalez: I already second the motion. Chair Sanchez: Call the -- Commissioner Sarnoff. All right. Chair Sanchez: -- question. Commissioner Sarnoff. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: You know -- andl also want to add that, you know, we should request from the County the money that we receive from -- for transportation from the County, we should be allowed to use some of that money for this type of purpose, andl don't know if we should put that in the form of a resolution to send it to the County. Mr. Manager. Mr. Hernandez: Commissioner, my understanding is that there is an audit process going on and that the use of those transportation dollars are not eligible for this type of service, only where you have specific routes provided by Accion, so only a portion of it, I think, could be used. Commissioner Gonzalez: All right. Well, now you can see when we were discussing the murals, the last time that we were discussing the murals, why I insisted on the social service side of it until we can find some more money somewhere else because I knew this was coming, and more is coming. More is coming, and you know -- and unfortunately -- and you should see what I'm telling you about, Commissioner Sarnoff. I go out there, and even though the County Commissioners receive services from this company or from this agency, the people blame us for not having transportation. It's our fault that they don't have transportation. They don't say you and the County; no, you, the City Commissioners. That's why I believe that the amendment that Commissioner Regalado presented is so important because people need to be inform that we are supporting them but the other counterpart of the government is not supporting them. They need to know that. Chair Sanchez: All right. NA.2 08-00309 DISCUSSION ITEM BRIEF DISCUSSION RECOGNIZING BOY SCOUT TROOP 575 FROM SAINT PETER AND PAUL CATHOLIC SCHOOL. City ofMiami Page 222 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 DISCUSSED Chair Sanchez: Before we move on to the appointments of board by the Commissioners, I want to take the opportunity to recognize the Boy Scout Troop 575 from Saint Peter/Saint Paul, if they could stand up, and their mothers -- their parents that are here. Applause. Chair Sanchez: They're here on part of the activity where they have to have community activity to be able to get the citizens in the community badge, and that's why they're here today. And not only that, but they were also the winners of this year Jose Marti Boy Scouts Jamboree, and they came in first place. And I'm -- if I'm not mistaken, they've come in first place a couple of times in the past, so I'm very proud of them. Congratulations and welcome to City Hall. All right. Applause. NA.3 08-00311 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION (subject matter: PROVIDE MARIA J. CHIARO WITH COMPENSATION FOR ONE MONTH OF SERVICE AS INTERIM CITY ATTORNEY AT THE BASE SALARY OF THE PREVIOUS CITY ATTORNEY.) Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0142 Chair Sanchez: All right. So, Mr. City Manager, what is required of this Commission to compensate Maria Chiaro, who served as the interim City Attorney? We need to compensate her for the time that she served as the interim City Attorney. Pedro G. Hernandez (City Manager): Mr. Chairman, I'll talk to the attorney, and I'll also talk to the director of Human Resources, Employee Relations, Rosalie Mark, and we'll determine what the proper amount is. Chair Sanchez: All right. Bring that back to the Commission for -- Commissioner Regalado: Can I -- Chair Sanchez: -- approval or denial. Mr. -- Commissioner Regalado, you're recognized. Commissioner Regalado: -- make a suggestion? We all said that the City Attorney doesn't work for the Manager. Can we adjust her salary for the month to the salary of the past City Attorney, regardless of any new arrangement that we all decide to reach with the new City Attorney? So what I mean is for the month that Maria was interim, we should adjust her salary to the salary of the former City Attorney. Chair Sanchez: Well, that's fine, but I'd rather get an opinion from the Human Resource [sic], who could provide us with the proper language and the proper methodology to determine whatever the amount is, and then, you know -- Mr. Hernandez: Mr. Chairman -- Chair Sanchez: -- we could vote on it. City ofMiami Page 223 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hernandez: -- we can do it in the fashion or in the way expressed by Commissioner Regalado. Rosalie Mark (Director): Rosalie Mark, Employee Relations. You're asking for the period of time that she served for her to be compensated at the rate of the previous City Attorney, right? Commissioner Sarnoff. Of course. Ms. Mark: You're talking just salary or additional benefits? Commissioner Regalado: No, just the salary. Ms. Mark: Just the salary. Chair Sanchez: Just the salary. Ms. Mark: Okay. Commissioner Sarnoff. You don't want to give that severance, huh? Ms. Mark: That's not a problem. Commissioner Regalado: I mean, are you going to take a computer or something -- Commissioner Sarnoff. And the chair. Commissioner Regalado: -- and the chair? Chair Sanchez: All right. Commissioner Regalado: You're not going to take a chair or something. Chair Sanchez: Okay. Commissioner Regalado: I mean -- Chair Sanchez: Listen -- Commissioner Regalado: -- you're staying, right? Chair Sanchez: -- is there a motion? Commissioner Sarnoff. I'll make a motion. Chair Sanchez: There's a motion. Commissioner Regalado: Second. Chair Sanchez: The motion is made by Commissioner Sarnoff, second by Commissioner Regalado. Discussion -- Commissioner Gonzalez: What was the --? Chair Sanchez: -- on the item. City ofMiami Page 224 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: Sorry. What was the motion? Chair Sanchez: The motion is to have -- Commissioner Regalado: To compensate Maria for the month that she was the City Attorney with the same salary that the former City Attorney, per month, had. Commissioner Gonzalez: Yes. Chair Sanchez: With the same salary? Commissioner Sarnoff. Right. In other words -- Commissioner Regalado: Yeah. Commissioner Sarnoff. -- to make the difference between -- Commissioner Regalado: To adjust the salaries. Commissioner Regalado: -- her -- differential between her salary -- Commissioner Regalado: Differential between her salary and the -- Commissioner Sarnoff. -- and the previous City Attorney. 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. NA.4 08-00305 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), RATIFYING, APPROVING, AND CONFIRMING THE CITY OF MIAMI'S ENTERING INTO AND PARTICIPATION IN A PUBLIC -PRIVATE PARTNERSHIP AND THE CITY MANAGER'S EXECUTION OF A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AMONG THE CITY OF MIAMI, MIAMI-DADE COUNTY, AND MODEL CITY PLAZA, LLC (THE "DEVELOPER), REGARDING THE CREATION OF A PUBLIC -PRIVATE PARTNERSHIP IN ORDER TO PLAN, TO APPLY FOR, AND TO IMPLEMENT A SUBMISSION TO THE FLORIDA HOUSING FINANCE CORPORATION FOR A FIVE MILLION DOLLAR ($5,000,000) COMMUNITY WORKFORCE HOUSING INNOVATION PROGRAM LOAN TO THE DEVELOPER TO FUND AND TO PROVIDE AFFORDABLE RENTAL COMMUNITY WORKFORCE HOUSING FOR ESSENTIAL SERVICES PERSONNEL TO BE DEVELOPED AT MODEL CITY PLAZA LOCATED AT 740 NORTHWEST 71ST STREET, MIAMI, FLORIDA. 08-00305-Legislation. pdf 08-00305-Exhibit .pdf 08-00305-Agenda Item Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 225 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0135 Vice Chair Spence -Jones: I -- well, I need the City Manager. This is a pocket item that came from the County that we have to -- you know about this, Hector, this surtax appli --? Hector Mirabile (Director, Community Development): We do. Vice Chair Spence -Jones: Oh, George. Mr. Mirabile: Yes, we do. Vice Chair Spence -Jones: Do you --? Okay. All right. Does everybody have a copy of this pocket item? Okay, great. All right. Commissioner Gonzalez: Okay. Vice Chair Spence -Jones: Okay. Somebody should be sit -- this is a pocket item, right? It's the revised one? George Mensah (Assistant Director, Community Development): No. It's the same one. Vice Chair Spence -Jones: George. Commissioner Gonzalez: (UNINTET,TIGIBT,F) two. Mr. Mensah: George Mensah, Assistant Director, Department of Community Development. It's the same one. Vice Chair Spence -Jones: Go 'head [sic], George. Mr. Mensah: This is a resolution of the Miami City Commission, with attachments, ratifying, approving, and confirming the City's -- the City entering into and participation in a public private partnership and the City Manager's execution of a memorandum of understanding, in substantially the attached form, among the City ofMiami, Miami -Dade County, and Model City Plaza, the developer, regarding the creation of a public -private partnership in order to plan, to apply for and to implement a submission to Florida Housing Finance Corporation for a $5 million community workforce housing innovation program. Just want to let you know that this project is a 141-unit project. The City is not providing any funding to the project. The only commitment that the City's making is to provide deferral of impact fees and expedited permitting, and a waiver in parking. And these are incentives that we provide to any other developer who meets the same qualifications. Chair Sanchez: Okay. Come on, let's vote on the issue. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion. Commissioner Gonzalez: Second. Chair Sanchez: Second. There's a motion by the Vice Chair, second by Commissioner Gonzalez. Discussion on the item. Hearing no discussion, all in favor, say "aye." City ofMiami Page 226 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.5 08-00297 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO Tomas Regalado THE AMERICAN CANCER SOCIETY, TO CO-SPONSOR THE AMERICAN CANCER SOCIETY'S RELAY FOR LIFE EVENT TO BE HELD AT SHENANDOAH PARK, MAY 17, 2008 THROUGH MAY 18, 2008; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289. 08-00297-Legislation. pdf Motion by Commissioner Regalado, seconded by Chair Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0136 Commissioner Sarnoff. All right. Pocket items. Commissioner Gonzalez: All right. Any pocket items? Commissioner Regalado: I have one. Commissioner Gonzalez: Go ahead. Commissioner Regalado: Well, I have two, but whatever you allow me. Commissioner Gonzalez: Go ahead. Commissioner Regalado: Number one, it's a resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $1, 000, to the American Cancer Society, to cosponsor the American Cancer Society -- Chair Sanchez: Second. Commissioner Regalado: -- Relay for Life, to be held in Shenandoah Park May 17, from the District 4 special event budget. Commissioner Gonzalez: All right. We have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. NA.6 08-00312 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CANCELLING THE SPECIAL CITY COMMISSION MEETING CURRENTLY SCHEDULED FOR APRIL 8, 2008. City ofMiami Page 227 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Spence -Jones R-08-0147 Commissioner Regalado: Number two is yesterday I attended the Coral Gate once -a -year general meeting, and the hot topic was Miami 21. Today you'll find in Miami Today, on front page, a note about the Miami Commission has called a special meeting April 8 to consider Miami 21, its proposed zoning code and blueprint. However, the map delineating which zoning designations apply to which property could take six months. Representatives of the City's Planning Department did not respond to repeated phone calls and e-mails (electronic) requesting an explanation of how the City could have a code for month without an accompanying map informing land owners what their property is zoned. This note is just the tip of the iceberg. I would ask my colleagues to support a resolution to defer this special meeting about Miami 21, and I'll tell you why. Number one, yesterday, at the meeting of Coral Gate, somebody said, I heard that it's April 21, and they said -- and somebody said, but I heard that they were going to discuss eliminating the conservation district that we approve ten years ago here in Coral Gate. And somebody else said, well, somebody told me that they will allow buildings up to 20 stories in Coral Way. I realize that, if we do this, even on first reading, it would be very damaging to the credibility of the City because -- yeah, you had 340 meetings in one quadrant, but not meetings in all the resi -- and this is not about meetings. This is about information and education. So if you all support it, I would present a motion to cancel the April 8 meetings in order for the Administration to prepare an information plan in every district. And until that is in place, which it's not in place, we should not call a special meeting. That is my motion. Commissioner Gonzalez: All right. We have a motion. Is there a second? Commissioner Sarnoff. Second. Commissioner Gonzalez: And there is a second. Commissioner Sarnoff. I'd like to speak, if possible, Mr. Chairman. Commissioner Gonzalez: Go ahead. You're recognized. Commissioner Sarnoff. You know, I happen to be one of the people that probably spent the most time on Miami 21. Sometimes the more time I spend on it, sometimes I think the less I know about it. But I happen to agree with Commissioner Regalado on this. I think, if we're going to bring Miami 21, let's bring it when it's done. Let's bring it so that he can complain about what's going on in his district, you can complain what's going on in your district. And I've been given explanations. I'm a lawyer. I think I'm pretty bright, and sometimes I just don't get it. The bottom line is why don't we get it done, everybody have their quadrants done. If you need to have further public meetings, you know, that's -- I read Commissioner Sanchez's -- and that was very astute of you to ask everybody how much have we spent in public meetings? And it was eye-opening. It was absolutely eye-opening. But here's the thing we should do. Let's get the City map done, ready so that -- it may take two days to pass this. It may take three days to pass this. Let's face it, we're only having about 2,000 zoning meetings in a one -day change. But let's do it right, and let's do it so that we don't piss off the citizens. There's no reason that we should do this so that they feel in the least bit disenfranchised or put upon. Andl don't quite understand how we can do something on first reading, then remap the whole City, and then say to ourselves with a straight face, this isn't a substantial change for the second reading. It couldn't be. By City ofMiami Page 228 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 definition, you haven't done three fourths of the City. So look, I happen to be one of the people up here that is looking forward to Miami 21, but don't think it's got the support of what it needs to have up here until you all feel comfortable with your quadrants, until you feel comfortable with this process. And every time you think you have it, it'll slip through your hands. Chair Sanchez: Commissioner, I'm prepared to make another motion. Why don't we just do away with Miami 21? You know what? We're going to save money because we spent already -- we pissed off $1.6 million of taxpayers' dollars. We've had 3,658 public meetings, and it's -- between Regalado and yourself, we're going to have 7,000 more meetings. Why don't we just do away with Miami 21; let's continue on 11,000, and then let there be more development encroaching on R-1 s and R-2. Let's not focus on improving our transportation. Let's not focus on improving our parks and our greenways. Because you know what, all we're going to do is we're going to continue to expand it and expand it and expand it, and it's going to be 1.5, 1.8, 2.4, 2.8, 3 million. And then at the end, I think what's going to happen here is look, let's have the courage to say we're not going to vote for it. Might as well just cut it off right now and we leave it like it is. Because if we continue -- we make a decision and then we back offfrom it. We make another decision, we back offfrom it. So, you know, then we -- we, ourselves, the legislative body, is sending out a signal where it's like, we're not certain ourselves. We don't know if it's good for the City or not good for the City. You know better than I do that Miami 21 is much better than 11,000, much, much better. But there's a political movement, and there's always people with intent, whether it's malice or not, to try to hamper that process; andl welcome that. This is a free country. We all have difference of opinions. At the end of the day, we vote our separate ways, we -- different ways. We go have a beer. We go home. We see each other at events. We say hello. But it's time for this Commission to say whether we want Miami 21 or we don't want Miami 21 because we're continuing to waste our times, taxpayers' times, City's time, public meetings' time. In every meeting that I've gone to -- and I've gone to plenty of meeting -- it's the same five individuals -- Commissioner Sarnoff No. I agree with -- Chair Sanchez: -- the same five individuals complaining, the same five individuals. It's up to you, guys. I've had enough. I'm almost to a point don't even want to talk about Miami 21. I'm sick of Miami 21. Commissioner Regalado: Can I say something? Commissioner Gonzalez: Commissioner Regalado, you're recognized. Commissioner Regalado: Can I -- but can I say something, because the Chairman wasn't listening when I was talking? I never asked for another 7,000 meeting. Actually, I mentioned that was told by the Administration that there were 340 meeting. I never asked for any meeting. I asked for information. Actually, if we follow his advice, we would have killed the park museum master plan several month ago. Because today -- because of the more money that we spend with the new second round of meetings, Mr. Cooper and the five of us praise the new master plan because it was better and cheaper. So the second round of more public input was much better. My district, your district, Commissioner Gonzalez and I'm sure Commissioner Sanchez' district have not had the opportunity, only two meetings. Andl am not asking for a meeting. I am just asking for information, simple questions. Yesterday I was bombarded by question at the Coral Gate general assembly meeting. And they even appointed a Miami 21 ambassador. You want to do this meeting on the 9th [sic]? Fine, do it. You're going to have people here that are not going to go to work. You're going to have people outside that maybe don't care, but when they realize that what is going on, they're going to be upset. And simply, maybe one of us or two of us will vote no and that's the end of the story; and then everybody's happy. You can claim that you did the new Miami, but it's wrong. You need to let the people be informed and participate. So I, respectfully, request that you call the question. It was a motion with a second. City ofMiami Page 229 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Commissioner Gonzalez: There was a motion, and there was -- and there is a second. All in favor, say "aye." Chair Sanchez: No. Commissioner Gonzalez: Commissioner Sarnoff? Commissioner Sarnoff I said aye. Commissioner Gonzalez: 'Aye." Commissioner Regalado: Okay. Commissioner Gonzalez: Want to defer it, let's defer it. Commissioner Regalado: The meeting is canceled. NA.7 08-00306 RESOLUTION District S- Vice A RESOLUTION OF THE MIAMI CITY COMMISSION STRONGLY Chair Michelle OPPOSING THE MIAMI-DADE COUNTY BOARD OF COUNTY Spence -Jones COMMISSIONERS ("COUNTY COMMISSION") SUPPORT OF THE COUNTY COMMISSION ECONOMIC DEVELOPMENT AND HUMAN SERVICES COMMITTEE'S RECOMMENDATION WHICH WOULD LIMIT THE USE OF STATE HOUSING INITIATIVE PARTNERSHIP FUNDS AND DOCUMENTARY STAMP SURTAX FUNDS TO ONLY THOSE HOUSING UNITS DEVELOPED WITH COUNTY ASSISTANCE BECAUSE SUCH LIMITATION WOULD SEVERELY IMPACT THE CITY OF MIAMI AND OTHER MUNICIPALITIES' HOMEOWNERSHIP PROGRAMS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF SAID RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 08-00306-Legislation. pdf 08-00306-Submittal-Miami-Dade County Memo. pdf Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0137 Commissioner Gonzalez: Any other pocket items? Pedro G. Hernandez (City Manager): Yes. Commissioner Gonzalez: Go ahead. Mr. Hernandez: Commissioner Spence -Jones -- Commissioner Gonzalez: We need to -- Mr. Chairman, we need to do the swearing in of the -- Chair Sanchez: Oh, I can't leave for that. Commissioner Gonzalez: -- City Attorney. City ofMiami Page 230 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Chair Sanchez: I got to stay for that. Commissioner Gonzalez: I'm sorry. Mr. Hernandez: Commissioner -- Commissioner Gonzalez: Mr. Manager, go ahead. Mr. Hernandez: -- ifI may, Commissioner Spence -Jones, before leaving, asked me to read her pocket item into the record. Commissioner Gonzalez: Go ahead. Mr. Hernandez: It's a resolution of the Miami City Commission strongly opposing the Miami -Dade County Board of County Commissioners support of the County Commission Economic Development and Human Services Committee's recommendation which would limit the use of State Housing Initiative Partnership funds and documentary stamp surtax funds to only those housing units developed with County assistance, because such a limitation would severely impact the City ofMiami and other municipalities' homeownership programs; directing the Clerk to transmit the -- a copy of said resolution -- Commissioner Gonzalez: That is totally unfair. Mr. Hernandez: -- to the County. Commissioner Sarnoff. Thatl only read that in the Herald. That's where the County will only allow surtax to be used on County projects. Commissioner Gonzalez: On County projects. Mr. Hernandez: What has happened is that there has been a significant reduction in the surtax monies coming to the County, and the County has been reprioritizing their needs, and as a result of that, they are funneling the dollars towards their projects. Andl attended a meeting today at the County during the break asking for their support for a couple of projects that we have that are completed, that we have buyers already approved, but we need their support in order to be able to occupy those buildings. And they are trying to help us on those two cases, but they had a change in policy that, in essence -- Commissioner Sarnoff. How much -- Mr. Hernandez: -- puts us -- Commissioner Sarnoff. -- of a reduction did they have? Like I wasn't aware that surtax is being reduced at all. Mr. Hernandez: Well, in surtax they had like 30 -- in the high 30s, 30 million, 38 million, 40 million, and it's down in the 20s, so -- Commissioner Sarnoff. What -- why was it reduced? Because that comes from the State, right? Mr. Hernandez: The surtax comes from the State, and that's -- as a result of less activity, there is less monies in the surtax. Commissioner Sarnoff. From the selling of real estate? City ofMiami Page 231 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 Mr. Hernandez: From -- on the surtax. Commissioner Sarnoff. Right. Okay. Mr. Hernandez: Now, in here there's also mention of the State Housing Initiative Partnership funds, which is the SHIP, and those also might have been reduced. But the bottom line here is that our projects are projects that the City has been sponsoring are now short of that County subsidy to help us make them a reality. And the position of the County today was that they have a lot less money, and they've had to reprioritize, and we're short. Commissioner Sarnoff. Okay. Hector Mirabile: Good evening, Commissioners. Hector Mirabile, director, Community Development. SHIP dollars are also impacted. In fact, it's a wide impact throughout the financial aspects of what (UNINTELLIGIBLE) CD (Community Development). Chair Sanchez: You guys ever been choked before -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- you pass out? Mr. Mirabile: Yes, sir. Chair Sanchez: That's what's happening to us. Commissioner Gonzalez: All right. Chair Sanchez: Little by little the State is choking us, and the County -- Commissioner Gonzalez: So do we have -- Chair Sanchez: -- is helping them. Commissioner Gonzalez: -- a motion on that resolution? We do, and -- Commissioner Sarnoff. So moved. Commissioner Gonzalez: -- we have a second. Chair Sanchez: Second. Commissioner Gonzalez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Let me tell you, I'm very concerned because I started my homeownership zone, I think it was a year ago, two years ago, andl only got -- I think -- I'm hoping thatl got the first $1.5 million. I'm hoping. I might be disillusioned when I'm told that no, I don't have anything. Mr. Mirabile: Commissioners, we'll try every possible way to make that happen, but we just -- you know, we're receiving word from every one of our grantors, HUD (U.S. Department of Housing and Urban Development) and State, that there are shortfalls. And we received an City ofMiami Page 232 Printed on 4/1/2008 City Commission Meeting Minutes March 13, 2008 e-mail from State, you know, regarding that issue telling us that there are significant shortfalls through the SHIP funding, and unfortunately, that's going to migrate to us in how we distribute those funds. It's unfortunate. Commissioner Gonzalez: Listen, it's not your fault. I mean, people want taxes eliminated, people want to pay no taxes, well, there's no housing, and there will be no parks, and there will be no sidewalks, and there will be no roads because you can't have it both ways, you know. Mr. Mirabile: That's correct. Commissioner Gonzalez: That's the true of -- reality of life. Mr. Mirabile: That's -- City ofMiami Page 233 Printed on 4/1/2008