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HomeMy WebLinkAboutCC 2008-04-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 10, 2008 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 10, 2008 CONTENTS 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 PART B PZ - PLANNING AND ZONING ITEM(S) 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 5/1/2008 City Commission Meeting Minutes April 10, 2008 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the loth day ofApril 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 9:17 a.m., recessed at 11:57 a.m., reconvened at 2:12 p.m., and adjourned at 5:55 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9:18 a.m. and Commissioner Gonzalez entered the Commission chambers at 9:36 a.m. Commissioner Sarnoff entered the Commission chambers at 2:14 p.m. We'll go ahead and start with the invocations -- the invocation and the pledge of allegiance. We have three Commissioners -- four, so we'll go ahead and start with the invocation. If you could please rise and bow your heads, and then Commissioner Sarnoff will do the pledge of allegiance. Invocation and pledge of allegiance delivered. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk PRESENTATIONS AND PROCLAMATIONS PR.1 08-00394 CEREMONIAL ITEM Honoree Helena Del Monte Marta R. Torres Allan Cohen Presenter Protocol Item Chairman Sanchez Certificate of Appreciation Commissioner Sarnoff Certificate of Merit Commissioner Sarnoff Salute 08-00394 Protocol List.pdf PRESENTED Note for the Record: Presentation for Helena Del Monte was not presented. 1. Commissioner Sarnoff paid tribute to Allan "AC" Cohen for being a source of good will and a neighborhood fixture in Kennedy Park on South Bayshore Drive in Coconut Grove for 30 years, hailing his "Icee" business for having received the first mobile concession permit granted by the City ofMiami. 2. Commissioner Sarnoff presented a Certificate ofMerit to Marta R. Torres for her inspiring leadership, noteworthy dedication, and exemplary accomplishments as a public school teacher at Paul Laurence Dunbar Elementary School in encouraging student involvement in municipal government. 3. Mayor Diaz presented Certificates ofAppreciation to employees of the Departments of Solid Waste, Code Enforcement, Public Works, and Neighborhood Enhancement Team for their steadfast service and contributions to beautifying the City ofMiami by keeping it clean, especially their outstanding work performance and commitment to a humane and healthy urban City ofMiami Page 3 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 environment; further recognizing the City ofMiami as the municipality recently named by Forbes Magazine as the 2008 Cleanest City in America. Chair Sanchez: We'll go ahead and start with the first item of presentation and proclamations. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: For the record, there are no mayoral vetoes. "[Later...]" Chair Sanchez: Once again, as I stated, there are no mayoral vetoes for the record. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Let's go ahead and approve the minutes from the regular Commission meeting on March 13, 208 [sic]. Need a motion. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion by Vice Chair Spence -Jones. Is there a second? Need a second for the minutes. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chair Sanchez: Second both by Regalado and Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 4 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 ORDER OF THE DAY Chair Sanchez: (INAUDIBLE), ladies and gentlemen. Welcome to the City ofMiami City Hall, here at our historical City Hall. The order of the day is the agenda that's in front of us today. Mr. City Attorney -- Madam Attorney, Mr. City Manager -- Madam Attorney, this agenda has been properly advertised to the public? Julie O. Bru (City Attorney): Yes, it has, Mr. Chairman. Chair Sanchez: Okay. The items -- we will follow the items as to the order of the agenda. "[Later...]" Chair Sanchez: Ladies and gentlemen, the City ofMiami Commission meeting is back in order. We've taken up a lot of the items this morning that were noncontroversial. We saved the best for last, as always. And the first item that we'll be bringing up this afternoon will be the murals regulation, which is SR.6. Vice Chair Spence -Jones: We have our 2 o'clock CRA (Community Redevelopment Agency) meeting. We have to convene that. Do you know about this meeting? Chair Sanchez: Okay. Vice Chair Spence -Jones: The emergency meeting. Did you --? Chair Sanchez: All right. Well, then we have to -- Vice Chair Spence -Jones: Madam Clerk, is that -- are you aware of this meeting? 'Cause the City Manager told me that -- Priscilla A. Thompson (City Clerk): Oh, yeah. It was advertised to begin after 2 o'clock today. Chair Sanchez: After 2 o'clock. Okay. Vice Chair Spence -Jones: Okay. Chair Sanchez: It's a matter of after 2 o'clock. Vice Chair Spence -Jones: Okay, so you want -- Chair Sanchez: Do you want to do it now or do you want to wait? Vice Chair Spence -Jones: No. We can wait, if you want. Chair Sanchez: Okay. I -- Vice Chair Spence -Jones: Yeah. Chair Sanchez: -- was thinking about taking it up maybe around 3:30, 4 o'clock. Vice Chair Spence -Jones: That's fine. I'm fine with it. Chair Sanchez: Okay. Yes, sir. You want to be recognized? Which item would you like? Ola Aluko (Director, Capital Improvements Program): The last resolution, RE.7. City ofMiami Page 5 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: RE.7. Did we vote on RE.7? Ms. Thompson: No, not yet. Chair Sanchez: Okay. Well, yeah. Well take that one up. City ofMiami Page 6 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 CONSENT AGENDA CA.1 08-00321 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, PROJECT NO. 19-690001, ACCOUNT CODE NO. 12500.191602.896000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-00321 Legislation.pdf 08-00321 Summary Form.pdf 08-00321 Affidavit.pdf 08-00321 Certification.pdf 08-00321-Summary Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0186 Chair Sanchez: Well go ahead and pull CA.1 for discussion. Commissioner Spence -Jones, you're recognized for the record. Commissioner Spence -Jones: Sure. Is there anyone here from the Police Department regarding PAL (Police Athletic League)? Deputy Chief Fernandez, good morning. Deputy Chief Frank Fernandez (Police): Good morning, Commissioner. Vice Chair Spence -Jones: I just wanted to ask you one quick question regarding the Law Enforcement Trust Fund. I'd like to have -- I wanted to get a sense of the funds and how they're allocated from the standpoint of -- I know it comes from the overall budget. Can you just give me just a quick, little breakdown of how we get to that fund balance? 'Cause I understand that PAL itself has been struggling, surviving with its programs and, quite frankly, you know, my push has always been more prevention -based programs than anything else. And I know now we're putting, hopefully, a karate -based program in Liberty Square, so all these different needs are happening in many of our areas and not enough monies. Can you explain to me just briefly how we get to the bal -- that balance -- that fund balance for the Law Enforcement -- where does that monies [sic] come from? And why are we seeing such a decrease in --? Deputy Chief Fernandez: Commissioner, Frank Fernandez, deputy chief Miami Police. Vice Chair Spence -Jones: Sure. Deputy Chief Fernandez: So I understand your question correct, you're asking for the funding for PAL or for the funding for LETF (Law Enforcement Trust Fund)? Vice Chair Spence -Jones: For LETF. Deputy Chief Fernandez: Okay. The LETF funding comes from two different sources; one from City ofMiami Page 7 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 the federal source and from the state source. Vice Chair Spence -Jones: Right. Deputy Chief Fernandez: How it's allocated, we have to contribute a certain percentage into a community -based event or function. Vice Chair Spence -Jones: Right. Deputy Chief Fernandez: PAL is one of those. We also do it for Do the Right Thing. Commissioner Spence -Jones: Is it broken up into percentages that you do it? Deputy Chief Fernandez: Yes. Vice Chair Spence -Jones: Like -- Is there a certain percentage for prevention or a certain -- Deputy Chief Fernandez: There's certain percentages -- Vice Chair Spence -Jones: -- percentage for --? Deputy Chief Fernandez: -- for each one of them. Each one of them have different percentages. Vice Chair Spence -Jones: Okay. And who -- I just want to understand -- determines what percentage goes where? Deputy Chief Fernandez: The state and the federal legislative body -- Vice Chair Spence -Jones: Okay. Deputy Chief Fernandez: -- governs what percentage. Vice Chair Spence -Jones: So I'm just -- I guess I'm asking the question then, what is the percentage that's set aside for prevention -based programs like PAL? Deputy Chief Fernandez: I don't have that funding -- that number available. I could certainly get it for you. Chief John F. Timoney (Police): Good morning, Commissioner. Vice Chair Spence -Jones: Good morning. Chief Timoney: John Timoney, chief of Police. It's around -- the requirements for community -based groups, around ten percent. Every year we exceed that. Commissioner Spence -Jones: Okay. That's what I wanted to have a sense of. 'Cause I know this -- when I looked at the budget, it was $621, 000 that was part of the LETF. Chief Timoney: That's correct. And we give about 100, 000 to PAL; about 110,000 to Do the Right Thing, and then during the course of the year there are special things that come up, special needs. So we are -- Vice Chair Spence -Jones: Okay. Chief Timoney: -- more -- well above what's required by law. City ofMiami Page 8 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: Okay, but we still have an issue with paying for the programs for PAL? We don't have -- Chief Timoney: Yeah. No, no. As you're well aware, we're -- we've been expanding PAL -- Vice Chair Spence -Jones: Yeah. Chief Timoney: -- over the last couple years, including to Liberty City, and also we're incorporating the karate class into PAL, under the auspices, and so the more we expand, the more the bills go up, and so -- Vice Chair Spence -Jones: Okay. Chief Timoney: -- not only are we doing LETF funding, what we did last year we did a thing -- a breakfast with the Chief of Police, and we had local businesspeople came in, contribute money. Myself and Chief Fernandez, we get honorariums for giving speeches; we give that to PAL. Vice Chair Spence -Jones: Yeah. Chief Timoney: So there's a whole host of monies coming up. Vice Chair Spence -Jones: Okay. Thank you. I just wanted to get clarity on it. So it's ten percent. Thank you so much. Chair Sanchez: On that item -- Chief if you could just stay there for a minute -- I have been working with the assistant chief and we've had lengthy meetings to see how we could come up for funding for PAL. Chief Timoney: Yes. Chair Sanchez: I believe that if there's a program that the Police Department has that is very successful in not only promoting inner communication and inner relationships with our youth and our community, PAL is one of those that's out there. Chief Timoney: Right. Chair Sanchez: I know that last time that I looked at the budget, we were down to $17, 000. I have committed to work with the Police Department to see if we could find recurring funding for it. Chief Timoney: Right. Chair Sanchez: I realize that the budget itself was $700, 000. I think that we could work with the Administration, and we are exploring every possibility to see how we could come up with a funding source that they do not rely only on the Trust money that we get from law enforcement because that every year has been reduced, and it's getting to a point where -- Chief Timoney: That's correct. Chair Sanchez: -- it's very unpredictable. So I would -- just want to focus on the key element here is that we have an opportunity to provide mentoring programs for children in our community that possibly parents are working two and three jobs and they feel safe dropping their children off in a park where they're able to be supervised and they're able to be taken care of by the Police Department. My son participated in PAL's flag football about two or three years City ofMiami Page 9 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 ago, and I followed him in every game that they went, and they went throughout the entire community. It was just great to see that type of relationship between the Police Department, the children, and the parents. So what I've asked the Administration to do is to explore a possibility -- and we have two options right now that we're exploring with the Legal Department. One is that if we can look into the surcharge, the off -duty surcharge, which we're still negotiating and fine-tuning it to make sure that if that's the option that we do take and it's presented to the Commission, you know, it's all done correctly. The other option was to put on a volunteer base [sic] on the form of off -duty where, you know, I don't see anyone who is going to be spending a lot of money on an event making a small donation knowing that that program is not only going to help the Police Department but also help our youth in our community. So we are working at that. I think that we do have another meeting coming up -- Chief Timoney: Correct. Chair Sanchez: -- and I think that after we're able to fine-tune all this, I'm looking forward to bringing a solution, an amicable solution to the Commission to be approved where I think that you might be able to raise about $200, 000, and of course, we'll be depending on that 100,000 from the Trust for now, but I think that amount of money will get us -- keep that program going, which I don't want it to die. Also, we have committed ourselves to do a golf tournament with PAL. The golf tournament is going to be called the Stephen Clark Classic, which was a golf tournament that was done here many years ago and was one of the most famous golf tournaments in our community, and we are working with Mel Reese and Charlie Delucca and his son to put together that tournament that will -- the first event will benefit PAL, so I just want to let you know where we're at on that. I'm very committed to PAL. It's going to be one of the challenges that I have accepted to make sure that that program does not go away because it is a great program for the Police Department, for our children, and our community. Chief Timoney: Commissioner, thank you very much for your support and your continued support for the PAL program. Chair Sanchez: All right. Next item pulled for discussion -- We need a motion to approve CA.1. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Gonzalez, second by Vice Chair Spence Jones. Mr. City Manager, did you have anything to add to that? Pedro G. Hernandez (City Manager): No, Mr. Chair. What I wanted to bring up is that there is an item that -- Chair Sanchez: No. We have to vote -- Mr. Hernandez: -- we would -- Chair Sanchez: -- on this item. Does it pertain to this item? Mr. Hernandez: No. No, sir. Chair Sanchez: Okay. There's a motion and a second. No discussion on the item. All in favor, say "aye." City ofMiami Page 10 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, CA.1 has been approved. CA.2 08-00322 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "EMS COUNTY GRANT C #7013 AWARD (FISCAL YEAR 2007-2008)", CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES," IN AN AMOUNT NOT TO EXCEED $95,742; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT. 08-00322 Legislation.pdf 08-00322 Exhibit.pdf 08-00322 Exhibit2.pdf 08-00322 Exhibit3.pdf 08-00322 Exhibit4.pdf 08-00322 Summary Form.pdf 08-00322 Letter.pdf 08-00322 Expenditures.pdf 08-00322 Web Page.pdf 08-00322 Revenue Spreadsheet.pdf 08-00322 Balance Spreadsheet.pdf 08-00322 Memo.pdf 08-00322 Grant Award.pdf 08-00322 Attachment 2.pdf 08-00322 Attachment 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0177 CA.3 08-00323 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED MARCH 3, 2008, PURSUANT TO INVITATION FOR BIDS NO. 77047, FROM PRO STAR POOL SUPPLIES, FOR THE DELIVERY OF BULK LIQUID CHLORINE FOR SWIMMING POOLS, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 11 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 08-00323 Legislation.pdf 08-00323 Summary Form.pdf 08-00323 Award Recommendation.pdf 08-00323 Tabulation.pdf 08-00323 Sourcing.pdf 08-00323 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0178 CA.4 08-00324 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED FEBRUARY 20, 2008, PURSUANT TO INVITATION FOR BID NO. 70055,1, FROM ALTEC INDUSTRIES, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF ONE AUGER TRUCK FOR THE CITY OF MIAMI DEPARTMENT OF PUBLIC WORKS, IN AN AMOUNT NOT TO EXCEED $280,575; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC WORKS ACCOUNT CODE 40-B30156, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00324 Legislation.pdf 08-00324 Summary Form.pdf 08-00324 Award Recommendation.pdf 08-00324 Award Sheet.pdf 08-00324 Tabulation.pdf 08-00324 Sourcing.pdf 08-00324 Sourcing2.pdf 08-00324 Invitation for Bid.pdf 08-00324 Revision 1.pdf 08-00324 Corporation.pdf 08-00324 Picture Page.pdf 08-00324 Sourcing3.pdf 08-00324 Sourcing4.pdf 08-00324 Bid List.pdf 08-00324 Addendum 1.pdf 08-00324 Invitation for Bid2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.5 08-00325 Department of Capital Improvements Program R-08-0179 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF THE PROFESSIONAL SERVICES AGREEMENT WITH WEIDENER SURVEYING AND MAPPING, P.A. TO MILLER LEGG AND ASSOCIATES, INC., FOR THE PROVISION OF MISCELLANEOUS SURVEYING AND MAPPING SERVICES City ofMiami Page 12 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 FOR THE CITY OF MIAMI. 08-00325 Legislation.pdf 08-00325 Exhibit.pdf 08-00325 Exhibit2.pdf 08-00325 Exhibit3.pdf 08-00325 Summary Form.pdf 08-00325 Agreement.pdf 08-00325 Attachment A.pdf 08-00325 Work Order.pdf 08-00325 Work Order Proposal.pdf 08-00325 Estimate.pdf 08-00325 Attachment B.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0180 CA.6 08-00330 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED FEBRUARY 25, 2008, PURSUANT TO INVITATION FOR BIDS NO. 70060, FROM BIODIESEL OF SOUTH FLORIDA, FOR THE PURCHASE OF BIODIESEL FUEL, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00330 Legislation.pdf 08-00330 Summary Form.pdf 08-00330 Award Recommendation.pdf 08-00330 Tabulation.pdf 08-00330 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0181 CA.7 08-00331 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED FEBRUARY 6, 2008, PURSUANT TO INVITATION FOR BID NO. 61028,2, FROM EDU-TECH, INC. (PRIMARY), C AND W LAWN CARE, INC. (SECONDARY), AND WEED A WAY, INC. (TERTIARY), THE THREE (3) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF LOT CLEARING SERVICES -CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND City ofMiami Page 13 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00331 Legislation.pdf 08-00331 Summary Form.pdf 08-00331 Award Recommendation.pdf 08-00331 Award Sheet.pdf 08-00331 Tabulation.pdf 08-00331 Addendum 2.pdf 08-00331 Contract Award.pdf 08-00331 Addendum 1.pdf 08-00331 Sign in Sheet.pdf 08-00331 Invitation for Bid.pdf 08-00331 Public Notice.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0187 Direction by Commissioner Gonzalez to the City Attorney to create a procedure to foreclose on lots that require repeated lot clearing services provided by the City, resulting in the issuance of multiple liens on said properties. Chair Sanchez: The next item on the agenda is CA.7; that's the item that's being pulled for discussion. Commissioner -- Vice Chair Spence -Jones, you're recognized for the record on CA. 7. Vice Chair Spence -Jones: Yes. Thank you. Really, I just have one question. I definitely support this bid, so that's no issue. I want to commend the Public Works Department, Stephanie and you guys for -- and Lorraine. I got to definitely commend Lorraine. You have a wonderful team and staff in your department, and Lorraine has been extremely, extremely awesome in our areas, Liberty City, Overtown, and Little Haiti. So I wanted to at least publicly acknowledge her personally and you, Stephanie, for all that you do for my district. I truly appreciate it. The only question I had, Glenn -- and it's really more of a City Manager question than anything 'cause I don't have any issues -- the contractors are all diverse and I really appreciate that happening. My question is really for the City Manager. I just want to understand the rotational schedule for the lot clearing for the residents because I think that we talked about this. It's not really pertaining to you, Glenn. I'm satisfied with the process, and you guys did a great job on it. Glenn Marcos (Director, Purchasing): Thank you. Vice Chair Spence -Jones: I just want to make sure that there is some sort of rotational kind of schedule that happens for the lot clearing and cleaning up many of these vacant and abandoned properties in the area. I think it's important for residents to go online to kind of get a sense of when these lots are scheduled to be cleaned. We talked about this yesterday, I believe, Mr. Manager. I know that I call and report all the time, or at least people in my district do, but is there a schedule that's put in place, Stephanie, or Mr. Manager, on how often many of these lots are cut? And if there is, I would like to see that be put online so that at least the residents can have a sense of when these lots are actually going to be cut and cleaned. Pedro G. Hernandez (City Manager): Commissioner, the issue of the list and scheduling -- the rotation of the clean-ups applies mostly to the City -owned properties that are handled by the Public Works Department. We have a list of locations that we do -- Vice Chair Spence -Jones: Yes. City ofMiami Page 14 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Hernandez: -- and we can provide the schedule for those. In this contract I think that it applies more to, let's say, a Code enforcement of private lots, and we do those on an as -needed basis. Vice Chair Spence -Jones: Okay. Mr. Hernandez: Because, in one case, they may comply when we notice them. In other cases, they may not. So that's on an as -needed basis. However, the ones that Public Works handles, we do provide -- we can provide a list and a frequency of clean-ups. Vice Chair Spence -Jones: Okay. So -- I just want to be clear. So, in other words, the only way the other lots really get cut is if someone has actually -- or Code Enforcement has fined them. Mr. Hernandez: Exactly. Right. Vice Chair Spence -Jones: Okay. So that's only going to happen if the neighbors themselves or Code Enforcement -- Mr. Hernandez: Code Enforcement. Vice Chair Spence -Jones: -- discovers them, so there's no rotational schedule -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- for that. Mr. Hernandez: But on the ones that are City -owned properties, the Public Works Department handles the maintenance of those and there is a list -- Commissioner Spence -Jones: No. I'm clear on that. Mr. Hernandez: -- and there's a frequency. Vice Chair Spence -Jones: I'm really more concerned about the people that have their own properties in the area and they just let them over -- you know, they're overgrown lots, and I know that we have cleaned some of those in the past. Mr. Hernandez: Yes. Vice Chair Spence -Jones: When does it get to the point that we decide, okay, we've cleaned it enough? After they get enough liens on it, and then the City decides, okay, you haven't taken care of this property so now we take -- the City takes it? Is that how it works? Mr. Hernandez: Right, but we -- I don't think that we take it over. We respond on an as -needed basis whenever it exceeds the minimum standards as far as the growth of the vegetation. Mariano. Vice Chair Spence -Jones: Right, 'cause the -- yeah. Mariano Loret de Mola: All right. Code Enforcement director, Loret de Mola. Yes. Every time that the grass is more than 12 inches, we can require them to cut it. Commissioner Spence -Jones: Okay, but Mariano -- City ofMiami Page 15 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Loret de Mola: So we open a case and then they -- we give the opportunity for the owner to cut the grass or clean the lot. And then -- Vice Chair Spence -Jones: Okay. Mr. Loret de Mola: -- if they don't do it, then we do it ourself [sic], if the lot does not have a fence and it's an open one. If they do have a fence and we cannot enter into the lot, we have to take it to the Code Enforcement Board. Vice Chair Spence -Jones: Okay. So -- and then, in closing, 'cause I know we have to continue the agenda. So, in closing, is there like a standard where if this -- we've sent out Code Enforcement persons ten times and this company has come out to cut this lot ten times -- Mr. Loret de Mola: No, ma'am. Vice Chair Spence -Jones: -- is it -- after that particular point, we decide, okay, this person's obviously not going to clean their lot and this has become really a part of our maintenance schedule as to whether or not, you know, lots get cleaned and cleared; is there like a cutoff point in all of that before we decide --? Mr. Loret de Mola: No. Every time that they don't cut it or they don't maintain it, we open a case. Every time. Vice Chair Spence -Jones: Okay. I -- Mr. Loret de Mola: Because we lien the -- Vice Chair Spence -Jones: We'll have a sidebar. Mr. Loret de Mola: -- property if they don't cut it and we have to cut it ourself [sic]. Vice Chair Spence -Jones: Because I've been here for three years, and there are certain people - - I'm just telling you -- Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: -- that we've been cutting they [sic] lots for -- I know one in Floral Park, for instance. Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: We've been cutting that since I've been in office -- Mr. Loret de Mola: Yeah. Vice Chair Spence -Jones: -- and this person refuses to, you know, cut this lot. You know, so my question becomes when is the cutoff point before we decide that we -- is there a cutoff point before we decide, okay, you're not obviously going to take care of this lot; we're going to take this lot, put affordable housing or whatever else on it or green park -- green space. When do we get to the point where we say enough is enough, or we just keep paying for it? Mr. Loret de Mola: Every time that we cut the lot -- the City cut the lots, we lien the property, okay. So it's a lien against that property. The problem is that lot -- you cut a lot, it goes in between $300 and 1,200, you know. City ofMiami Page 16 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: So your -- it sounds like then the fine may -- we need to maybe look at the fine because I'm just telling you. I can -- Lorraine you know this, and Stephanie too. There's some people, we cut that -- they don't -- they rely on us cutting it. Mr. Loret de Mola: That's correct. Vice Chair Spence -Jones: So -- Mr. Loret de Mola: We charge also administrative fees for cutting the lot and handling the whole process. Vice Chair Spence -Jones: If we can sit down later and talk about it, Mr. Manager -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- and Mariano, we really need to look at another option -- Mr. Loret de Mola: Maybe we can -- Vice Chair Spence -Jones: -- on addressing us constantly cutting these people lots. And we -- you know, we just keep doing it over and over again and there's no real punishment behind it because we keep doing it. Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: You know, so I just would like for us to look at maybe a way to address the fees. Mr. Loret de Mola: Probably, the only time that they do have a problem is when they want to do something with the property, then they have to pay the whole thing to the City. Vice Chair Spence -Jones: Okay. Well, I definitely want us to look -- Commissioner Gonzalez: But my question is, in this particular case that the Commissioner is referring to where she has been -- she has seen for the last three years this lot being cut by the City -- Mr. Loret de Mola: By the City. Commissioner Gonzalez: -- over and over and over and over again, if the property has been liened, can we foreclose on the lien? Mr. Hernandez: Yes, Commissioner. Commissioner Gonzalez: That's what we need to do, move on the foreclosure. Close up the -- close the lien and then take possession of the property and that's it. Kiss it goodbye. Mr. Loret de Mola: That's an option. Vice Chair Spence -Jones: I mean, I would just rather see that happen. I'm going to be honest with you because I have seniors in one particular lot that every other month they're calling me. They're 70, 80 years old. Snakes are coming out of -- and we try our best to help them, but it just seems like, to me, after three years of doing this -- you know, in a minute, the fines are going to be more than the lots. City ofMiami Page 17 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Loret de Mola: Yeah. Vice Chair Spence -Jones: So I just want us to -- Mr. Loret de Mola: We got some of those cases that the lien on the property is more than the value of the lot. Yes. Commissioner Spence -Jones: So if we can just really look at this, guys, because this -- I would rather have a house sitting on that lot or a green space sitting on the lot. That's just my suggestion. Commissioner Gonzalez: Those are cases that we have to give enclosure [sic] -- Madam City Attorney, I believe that we need to move in that direction -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- and start a procedure to foreclose the lien and that's it. Julie O. Bru (City Attorney): Yeah. Well -- Mr. Hernandez: Commissioner, I think that you're -- Commissioner Gonzalez: Get it over with. Mr. Hernandez: -- absolutely right. Where we have a recurring problem and we're constantly cleaning it and placing liens, we have to determine whether it's economically feasible for us to step in and actually take over the property. Commissioner Gonzalez: Well, it's always feasible -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- to take over the property because, like the Commissioner says, you can build affordable housing on it and it's a public purpose. So it's always feasible to do that. Vice Chair Spence -Jones: IfI can just request -- Thank you, Commissioner Gonzalez -- from Stephanie, and even you, Mariano, if you guys can give me, at least in my district, at least the properties that we've cut more than ten times in the last three years, because at this point, if they ain't cutting it in ten -- in three years, and we've paid for it ten times or more, I would like for us to decide what we're going to do with these lots because, you know, it's crazy. Mr. Loret de Mola: Yeah. That's no problem. Vice Chair Spence -Jones: But thank you. So if we could have a -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- sidebar on that, I'd really appreciate it. Thank you, Mr. Chairman, for indulging -- Chair Sanchez: All right. That's CA.7. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Is there a motion to approve CA.7? City ofMiami Page 18 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a -- Commissioner Gonzalez: Second. Chair Sanchez: -- motion by the Vice Chair, second by Commissioner Gonzalez. Any discussion on the item? I think we've had plenty. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." CA.8 08-00332 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT ("LEASE"), BETWEEN THE CITY OF MIAMI ("LESSEE") AND WEST FLAGLER PARK BAPTIST CHURCH, A FLORIDA NON-PROFIT CORPORATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE USE OF A VACANT LOT CONSISTING OF APPROXIMATELY 13,650 SQUARE FEET LOCATED AT THE REAR NORTHERN PORTION OF 5911 WEST FLAGLER STREET, MIAMI, FLORIDA, WITH A TERM OF TWO (2) YEARS THAT SHALL COMMENCE WHEN THE LESSEE PHYSICALLY OCCUPIES THE PREMISES, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR TERMS; PROVIDING FOR RENT FOR THE FIRST YEAR AT A RATE OF $1,500, PER MONTH PLUS UTILITIES, WITH RENT TO BE INCREASED BY THREE PERCENT (3%) ANNUALLY, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE LEASE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT B-60452B 32000-181000-670000-0000-00000. 08-00332 Legislation.pdf 08-00332 Exhibit.pdf 08-00332 Exhibit2.pdf 08-00332 Exhibit3.pdf 08-00332 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0182 CA.9 08-00333 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED DECEMBER 10, 2007, PURSUANT TO INVITATION FOR BIDS NO. 62031, FROM PUMPOUT USA, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF A PUMPOUT VESSEL, IN AN AMOUNT NOT TO EXCEED $88,432; ALLOCATING FUNDS, IN THE AMOUNT OF $85,127, FROM THE CLEAN VESSEL ACT GRANT, PTAEO ACCOUNT NO. 40-B30528-02-1357-534-221001, AND IN THE AMOUNT OF $3,305, FROM THE CLEAN VESSEL ACT GRANT, PTAEO ACCOUNT NO. City ofMiami Page 19 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 40-B30528-02-1212-534-221001. 08-00333 Legislation.pdf 08-00333 Summary Form.pdf 08-00333 Award Recommendation.pdf 08-00333 Tabulation.pdf 08-00333 Memo.pdf 08-00333 Narrative.pdf 08-00333 Invitation for Bid.pdf 08-00333 Addendum 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0183 CA.10 08-00334 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing CONTRACT FOR OILS AND LUBRICANTS FROM VARIOUS VENDORS, PURSUANT TO THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE GROUP BID NO. 76042, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP, TO BE UTILIZED ON AN AS -NEEDED CONTRACTUAL BASIS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00334 Legislation.pdf 08-00334 Summary Form.pdf 08-00334 Award Recommendation.pdf 08-00334 Tabulation.pdf 08-00334 Inivtation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0184 CA.11 08-00368 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 MACHAL MEEKS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM City ofMiami Page 20 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00368 Legislation.pdf 08-00368 Cover Memo.pdf 08-00368 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0185 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: Before we go on with the agenda, the consent agenda -- are there any items to be pulled from the consent agenda for discussion, either by the Administration or the Commission? Vice Chair Spence -Jones: CA.7. Chair Sanchez: CA.7 is being requested by Vice Chair to be pulled for discussion. Vice Chair Spence -Jones: Actually, and CA.1, I just have a question on both. Chair Sanchez: Okay. I was going to pull CA.1, but -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- that's good. Okay, so CA.7 and CA.1 have been pulled for discussion. Any other consent agenda being pulled for discussion by the Commission? Hearing none, is there a motion to -- Commissioner Sarnoff So move. Vice Chair Spence -Jones: Second. Chair Sanchez: -- approve the remaining consent agenda? There's a motion by Commissioner Sarnoff, second by Vice Chair Spence Jones. No further discussion on the item. All in favor, say "aye." Chair Sanchez: Anyone in opposition, having the same right. PERSONAL APPEARANCE PA.1 08-00338 DISCUSSION ITEM City ofMiami Page 21 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 District 4- MS. LILLIAM MACHADO, CHAIR OF THE AMERICAN CANCER SOCIETY Commissioner - MIAMI-DADE COUNTY EXECUTIVE BOARD TO ADDRESS THE Tomas Regalado COMMISSION REGARDING THE RELAY FOR LIFE WHICH WILL BE HELD AT SHENANDOAH PARK ON MAY 17, 2008 AND THE CONCEPT OF A PROGRAM DESIGNED TO PROMOTE CANCER PREVENTION. 08-00338 Memo.pdf 08-00338-Submittal-American Cancer Society.pdf DISCUSSED Direction by Chair Sanchez to the Administration to work with Lilliam Machado to provide assistance on the Relay For Life to be held at Shenandoah Park on May 17, 2008 and the event to be held at Peacock Park. Note for the Record: Commissioner Gonzalez advised he would provide financial support with the donation of $1, 000 from his personal office budget. Chair Sanchez: All right. Let's go ahead with the personal appearance. We have the Relay for Life, promote the cancer prevention. Pedro G. Hernandez (City Manager): Mr. Chairman -- Chair Sanchez: You're recognized for the record. Mr. Hernandez: -- we have Lilliam Machado, who's the chair of the American Cancer Society. I met with her last week. There are two events that are planned for this year in the City ofMiami of Relay, you know, for Life events; one at Shenandoah in May, and one at Peacock Park in the month ofJune. Ms. Machado will be asking the City to support those events and to allow the promotion within -- with the employees of the City. And the idea is for the City to promote it not just internally but actually externally. Ms. Machado. Lilliam Machado: Thank you. Thank you, Mr. Hernandez. And I want to thank the Commission for the opportunity to be present here today, and my name is Lilliam Machado. I have been a volunteer for the American Cancer Society for 20 years. At the present time, I am the chairperson for the Miami -Dade unit. Unfortunately, cancer is a disease that touch each and every one of us one way or the other one. This year it is estimated that more than 1,500 people each day will die from cancer. But we want -- we are making a difference, and our mission in the American Cancer Society is to reduce the amount of deaths in -- reduce cancer by 15 percent in the year 2000 -- by 50 percent in the year 2015. And we can make -- we will reach that goal and ultimately to find a cure and -- for this terrible disease. We make a difference by -- with all our programs and definitely we need to raise the funds to go with the program. We have -- we want to build a sfrong relationship between American Cancer Society and the City ofMiami. And we have two events within this area. One is the Relay for Life of Shenandoah, the Roads, which I want to thank Commissioner Regalado because he's fully supporting that event, and the Relay for life of Coconut Grove that Commissioner Marc Sarnoff -- we got together with his staff too, and he's supporting too. And also, I would like to thank, Mr. Chairman, for your support with this event from the very beginning when we did at the Orange Bowl and in the -- all of the previous years. So thank you very much, and to Teresa Zorrilla, too, who was very helpful to us. Chair Sanchez: Thank you. Ms. Machado: Actually, what we're asking here today is for both of these event -- and we want to grow within all the community. This is a community event that we get together, but also to bring a message of education and prevention. We have -- the Shenandoah, the Roads, Relay on May 17 and -- at the Shenandoah Park, and the Relay for Life of Coconut Grove at Peacock Park on June 21. Like I said, we want to have a sfrong relationship with the City employees. City ofMiami Page 22 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 And what we ask here today is to have employee participation. We would like to have a letter of endorsement for the -- to the community from the Mayor and each Commissioner supporting this event. Commissioner Regalado have already done that with the schools too. And we are asking each of you to be generous and contribute some funds from your discretionary fund to support this fight and this event; and definitely, to have this event be known to all the community and then grow up to other communities within the City limits. And I have -- I would like to introduce today two survivors, two City employee survivors; one is Ada Rojas and Olga Bello, that would like also to give you some message. Thank you so much for your attention. Commissioner Gonzalez: Thank you. Ada Rojas (Community Relations Coordinator): Good morning, Commissioners, City Manager, and distinguished others. My name is Ada Rojas, and I am the coordinator for the Office of Community Relations for the City ofMiami. I'm also a survivor. I'm very honored to be here not only with the American Cancer Society, with my peer, Olga Bello, and you obviously can see that this disease affects all; does not discriminate by age, by sex, by religion, by gender, by race; it affects all. In 2004, as I sat with my doctor and listened carefully as he explained the diagnosis to me, I did not know what to think. My first thought was hopelessness. To a certain level, I felt uncertainty. Thanks to the American Cancer Society and the University ofMiami Sylvester Cancer, I was able to understand, deal, cope, survive this deadly disease. As the cochair of this wonderful event, I come before you to ask that you join me in the American Cancer Society with a commitment to find a medical breakthrough by raising awareness and the resources needed. I, too, also have a dream, as I'm sure my colleague, Olga, does, and that dream is a hope that one day there will be a cure and our loved ones too will be able to have that second chance. I'm trying to make this -- hopefully, I won't get so personal and -- join me in making a difference today. I ask the Commission for fully support the American Cancer Society. Once again, this disease does not discriminate. The T-shirts that we wear today state "Celebrate, Remember, Fight Back. There is a hope." I'm here to tell you all there is a hope. We are the survivors. Thank you. Applause. Chair Sanchez: All right. Ms. Machado: Any questions? Chair Sanchez: Any questions from the Commissioners? If not, Mr. City Manager, what have you -- you've had an opportunity to meet with Ms. Martinez and what -- has been --? Ms. Machado: Machado. Chair Sanchez: -- I'm sorry. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Ms. Machado, I'm sorry. I do apologize. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Ms. Machado, I do apologize. You did have an opportunity to meet with her? Mr. Hernandez: I met with her last week and with other assistants in the project, and we are, in essence, providing the necessary support so this can be communicated through our employee database as to the events so it can be promoted, and we also plan to promote it through our City ofMiami Page 23 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 CITYFLASH and through other means that the City has externally. Ms. Machado: And I also want to mention that Commissioner Regalado have already help us in -- he presented before to this Commission in reference to the logistic and all the support that we need in that issue. So we are more than grateful for that. And we're -- Chair Sanchez: Commissioner Regalado. Ms. Machado: -- waiting for Commissioner Sarnoff on his help for the Coconut Grove relay. Commissioner Regalado: Thank you, Mr. Chairman. Last year's Relay for Life in Shenandoah was a success because not only it brought survivors, but it brought the people from the area. Many residents of the Shenandoah -- and you were there -- we walk, and we noticed that dozens of dozens of residents that weren't aware of what is going on. They went to the park, got the information to participate, and it was an extraordinary event, a whole day event, and the people in the area really appreciate it. The only question still pending, Mr. Manager, is the City of Miami television. One of the things proposed was that on the days before the event, City of Miami will run some programs of cancer awareness either done with the volunteers and the staff of the American Cancer Society or prerecorded programs that they do have mentioning that we will have that relay at Shenandoah Park and then on Peacock Park later on. So that's, I guess, the only thing missing, other than more cooperation from the City in terms of helping the event itself. Mr. Hernandez: Commissioner, we can do that. That's part of what I mentioned as far as the promoting the event externally. So we'll be happy to cooperate. Chair Sanchez: All right. Vice Chair Michelle Spence Jones. Vice Chair Spence -Jones: First of all, I want to commend Ada and my favorite person from Commissioner Gonzalez's office for their courage and their strength to stand up and tell their personal stories. I think that there's several other City employees that, you know, you speak for, and I wanted to at least publicly acknowledge you for your ability to do that. Of course, any way that we can support -- I'm sure all the City Commissioners are in agreement with how important it is to support the American Cancer Society. I just had one question for you guys. Are there any current events similar to this happening in any of the inner-city areas from the standpoint of the District 5 areas, like Little Haiti, Liberty City, or Overtown? Ms. Machado: We -- Vice Chair Spence -Jones: If it has not happened, I would love to talk to you further about it because I know that we -- there's -- I don't recall really any strong events ever happening really in those particular areas, and I know that there's a great need for it. So I would love to have you stop by my office before you leave. Ms. Machado: And like I said before, we want to grow. Vice Chair Spence -Jones: Okay. Ms. Machado: Each year we want to really grow into more and more areas, and that is an area that we have been working, and we will love to get together with you and really form a group and an event there because we are working with the 100 Black Men group, and the -- over there, and they are doing a great job in reference to the education -- Vice Chair Spence -Jones: Okay. City ofMiami Page 24 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms Machado: -- program. But then we need the help to form this event -- Vice Chair Spence -Jones: Okay. Ms. Machado: -- and continue there with that. Vice Chair Spence -Jones: Well, by all means, please, if you can, just stop by my office before you leave and leave all your information. I would love to look at -- Ms. Machado: We sure will. Vice Chair Spence -Jones: -- doing something in my district. Ms. Machado: We sure will. Vice Chair Spence -Jones: Thank you so much. Chair Sanchez: Ms. Machado, as always, I want to praise you for your dedication, your commitment to this wealthy -- worthy cause in our community. And you're always pushing for -- whether it's a golf tournament or all these events, you -- you're a star of hope for a lot of the victims. And it's just great to have -- the City should participate, the City should stand behind these worthy cause and, you know, as always, we hope to see you next year here. Hopefully, you've had a very good turnout in both of these events. Ms. Machado: As I explained to the Manager that we have so many programs that -- within our organization that the employees itself can benefit ftom this. I mean, we have a transportation program free for the cancer patients, and who knows if an employee have a family that need these type of services; we provide that. So that's what we want to, first of all, offer our programs to the City employees, to the community so they can be aware of what we can -- what we have to offer. And last but not least, I consider my work a blessing in my life, Mr. Chairman. Chair Sanchez: Well, it's people like -- Ms. Machado: And -- Chair Sanchez: -- you that make a difference in this community. Ms. Machado: Okay, and I will like also to mention that Commissioner Regalado already contributed $1, 000 to the event, and I will ask the rest of the Commissioners to be generous enough and make a contribution to this event, to these two events. Chair Sanchez: I will do it privately. Ms. Machado: Thank you so much. Chair Sanchez: Okay. Commissioner Gonzalez: I will support the cause with $1, 000 from my personal office budget. Ms. Machado: Thank you, Commissioner Gonzalez. Chair Sanchez: Okay. So having said that, the directive is to the Administration to work with Ms. Machado, provide all the assistance that we could provide to this worthy cause. Commissioner Gonzalez: Also make sure that, through my office, Olga, you remind me to make City ofMiami Page 25 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 a donation from the Allapattah Chamber of Commerce of another $1, 000. Olga Bello (Receptionist, Office of Commissioner Gonzalez): Okay. Ms. Machado: Oh, thank you so much. Commissioner Gonzalez: All right. Chair Sanchez: To provide the services to both events, the Shenandoah -- Ms. Machado: Yes. Chair Sanchez: -- event and the Peacock Park event. Commissioner Sarnoff, I believe you -- Commissioner Sarnoff No. I'll go -- just come back -- Chair Sanchez: -- don't want to be left out. Commissioner Sarnoff -- to my -- I want her to come back to my office and we will talk and we'll discuss how much, and some of it will be private and some of it will be from the office account. Ms. Machado: Thank you so much, sir. Chair Sanchez: All right. Thank you so much. Ms. Machado: Thank you. Chair Sanchez: Always a pleasure to see you. Ms. Machado: Thank you. It's an honor for me to be here. And thank you so much for your -- Chair Sanchez: It's an honor -- Ms. Machado: -- help, all of you. Chair Sanchez: -- to have you here. Thank you. Ms. Machado: Thank you. City ofMiami Page 26 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 PUBLIC HEARINGS PH.1 08-00339 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS General Services (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE Administration CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROVISION OF SERVICES AND REPLACEMENT PARTS/EQUIPMENT FOR THE AUTOMATED COMPUTERIZED FUEL FACILITY SYSTEM (FUELOMAT SYSTEM), FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION AND DEPARTMENT OF FIRE -RESCUE, FROM AHA ELECTRONIC AND FUEL SYSTEMS, INC., FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; 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. 08-00339 Legislation.pdf 08-00339 Summary Form.pdf 08-00339 Memo.pdf 08-00339 Memo2.pdf 08-00339 Memo3.pdf 08-00339 Notice to Public.pdf 08-00339 Fax Page.pdf 08-00339 Letter.pdf 08-00339 Letter2.pdf 08-00339 E-mail.pdf 08-00339 Letter3.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, 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-08-0190 Chair Sanchez: All right. Listen, let's try to catch up on non -- some of the noncontroversial items. Let's go to -- we voted -- Madam Clerk, did we vote on that last item? Vice Chair Spence -Jones: On -- huh? Priscilla A. Thompson (City Clerk): Yes, sir, you did. Chair Sanchez: All right. Ms. Thompson: The comments were made afterwards. Chair Sanchez: Let's go to PH.1. PH.1 is a four fifth vote. It's being brought to us by the Department of GSA (General Services Administration). City ofMiami Page 27 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Gonzalez: Move PH 1. Chair Sanchez: All right. There's a motion. We need four fifth vote. There's four Commissioners on the dais. Just briefly state what it's about. Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. In front of you is an item that has to do with a sole source purchase for parts and repairs for the FuelOmat Fuel Management System. This is a system that's currently used by GSA, and we can only use the authorized distributor to procure these services, and we're recommending award. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by Commissioner -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Vice Chair Spence -Jones. It is a resolution. Before we open it up for discussion, 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. Commissioner Sarnoff. Commissioner Sarnoff Mr. Marcos, what does this apparatus do? Mr. Marcos: One of the apparatus that GSA uses is a fuel collar, and that fuel collar is to prevent any spills of the fuel. If they drive away, there's a tendency of driving away with the hose, the fuel hose. Chair Sanchez: It breaks off. Mr. Marcos: It's a fuel collar. Commissioner Sarnoff And I'm just curious 'cause when I go to the gas station, I pump my gas in my car. I don't know ifI have or don't have this fuel collar. It's $48, 000, and I'm just curious why anyone -- any employee from the City ofMiami requires to have a fuel collar at the cost of $48,000 when everybody else drives their car and knows to take their fuel pump out of the car. Mr. Marcos: Commissioner, the $48, 000 is just an estimated amount, but it's not just for the fuel collar. It's for parts and repair services, so it's not only to procure the actual collar themselves, but when you have the actual equipment, which is the FuelOmat system, any repairs that's required on the actual system itself that $48, 000 is part of that estimate amount. So it's just -- it goes beyond -- Commissioner Sarnoff So just stick with me on the collar. Why do we have to have collars? Mr. Marcos: Again, it's to prevent any fuel spills once a car drives away and might be driving away with the actual hose. I have Kelly Barket next to me. He's the GSA director, and I think he can maybe provide some further information on this. Kelly Barket: Kelly Barket, director of GSA. It also gives us the mileage, Commissioner, and it gives us information about the car as well, but it is a safety concern. When a car does drive away, it has the ability to cut off -- we could cut off the car from that mechanism that's installed in it. Commissioner Sarnoff The gas stations that I visit, the Shells, the Amocos, they all have this? Mr. Barket: No, they don't. This is a device put into the car by our department. City ofMiami Page 28 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff And that's because you've experienced people driving away with -- Mr. Barket: It has happened. Commissioner Sarnoff So the citizens ofMiami are paying for something because certain employees have -- Mr. Barket: Well -- Commissioner Sarnoff -- driven away with fuel --? Mr. Barket: -- that's one of the features. The other feature, as I said, is the data that we collect from the collar itself installed in each of the vehicles. Commissioner Sarnoff Okay. Chair Sanchez: All right. It requires a four fifth vote, so -- the public hearing was opened and closed; it comes back to the Commission. There is a motion and a second. 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. PH.2 08-00344 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING A THIRTY Public Works (30) DAY EXTENSION OF THE PLAT ENTITLED "EVANRAFY SUBDIVISION;" FURTHER PROVIDING THAT APPROVAL OF SAID PLAT SHALL BE RESCINDED IF NOT RECORDED BY MAY 10, 2008. 08-00344 Legislation.pdf 08-00344 Summary Form.pdf 08-00344 Memo.pdf 08-00344 Notice of Public Hearing.pdf 08-00344 Memo2.pdf 08-00344 Notice of Public Hearing2.pdf 08-00344 Pre Legislation.pdf 08-00344 Attachment 1pdf 08-00344 Exhibit A.pdf 08-00344 Report.pdf 08-00344 Legal Description.pdf 08-00344 Map.pdf 08-00344 Map2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0191 Chair Sanchez: All right. We go to PH.2. Commissioner Gonzalez: Move PH.2. City ofMiami Page 29 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: PH.2 -- Commissioner Sarnoff Second. Chair Sanchez: There's a motion and a second. It's coming to us from the Department of Public Works. What is it they're --? Stephanie Grindell: City of -- Stephanie Grindell, director of Public Works. This is a resolution rescinding the plat of Evanrabi Subdivision. This is really a formality. After the Commission accepts the plat, the applicant has 120 days to record it at the County. There was an issue regarding taxes in between that 120 days, and so the County wouldn't record it until the taxes were paid. The applicant is here to request an extension, which would allow them additional time -- Chair Sanchez: Okay. Ms. Grindell: -- and I recommend that we approve it. Chair Sanchez: The applicant, you're recognized for the record. State your name and address for the record. Olga Garcia: Olga Garcia, 501 Southwest 39th Avenue. Chair Sanchez: Okay. And you're asking for a 30-day extension? Ms. Garcia: Yes, correct. Chair Sanchez: Is there a specific reason why you're asking for that extension? Ms. Garcia: Yes, exactly what she said. I have to pay the taxes before they could record this, so Chair Sanchez: And you did that? Ms. Garcia: Yes. I have a final plat punchlist from Metro -Dade that states that everything has been done, and I just need this 30-day approval to finalize and get this recorded. Chair Sanchez: So you complied with all that? Ms. Garcia: Yes. Chair Sanchez: All right. There is -- for the record, there's been a motion to rescind. Commissioner Gonzalez, you made that motion. Are you still with the motion, or you're willing to grant the 30-day extension? Commissioner Gonzalez: No. I grant the 30 days. Chair Sanchez: Okay. So he is withdrawing his motion. Commissioner Gonzalez: I withdraw my motion, and making a new motion for -- Chair Sanchez: There is a motion -- Commissioner Gonzalez: -- a 30-day extension. City ofMiami Page 30 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: -- to accept your recommendation, which is -- Commissioner Regalado: Second. Chair Sanchez: -- you're asking, which is to extend 30 days. Ms. Garcia: Okay. Chair Sanchez: There's a motion and a second. It is a resolution. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "nay." Congratulations. You got 30-day extension. Ms. Garcia: Thank you. Chair Sanchez: Okay. PH.3 08-00346 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND ("TRUSTEES"): (1) A MODIFICATION OF DEEDS NOS. 19447, 19448, 18030, 18450 AND SENATE BILL 640, IN SUBSTANTIALLY THE ATTACHED FORM, AS EXHIBIT "A," TO SPECIFICALLY ALLOW FOR OPEN TO THE PUBLIC, "FIRST COME, FIRST SERVED" FACILITIES RUN BY PRIVATE ENTITIES, THE CITY OF MIAMI ("CITY") AND/OR GOVERNMENTAL ENTITIES; (2) A DETERMINATION THAT THE BISCAYNE BAY RESTAURANT (D/B/A RUSTY PELICAN), THE RICKENBACKER MARINA AND THE COCONUT GROVE SAILING CLUB ARE CONSISTENT WITH THE PURPOSES OF THE DEEDS AS MODIFIED; (3) A WAIVER BY THE TRUSTEES OF THE RIGHT TO ANY FEES THAT MAY BE DUE TO THE STATE OF FLORIDA ("STATE") ON ANY LEASES OR LICENSES THAT DID NOT HAVE A WAIVER OF DEED RESTRICTION IN PLACE AT THE TIME THIS DEED MODIFICATION IS APPROVED; AND (4) AN ACKNOWLEDGEMENT THAT NO FEES ARE DUE TO THE STATE FOR LEASES OR AGREEMENTS, OR EXTENSIONS THERETO, THAT ARE FOUND IN COMPLIANCE WITH THE DEED RESTRICTIONS AS MODIFIED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED TO THE TRUSTEES OF CERTAIN SUBMERGED LAND IN CONSIDERATION OF THE ABOVE MODIFICATION OF DEEDS AND SENATE BILL; AUTHORIZING THE ALLOCATION OF UP TO FIFTEEN PERCENT (15%) OF ALL REVENUES RECEIVED BY THE CITY FROM ANY NEW LEASES WITH PRIVATE ENTITIES OPERATING WITHIN THE DEED RESTRICTED AREAS FOR THE PURPOSE OF FUNDING MAINTENANCE AND IMPROVEMENTS OF WATERFRONT PROPERTIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY TO ACCOMPLISH THE ABOVE. City ofMiami Page 31 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 08-00346 Legislation.pdf 08-00346 Exhibit.pdf 08-00346 Summary Form.pdf 08-00346 Memo.pdf 08-00346 Notice of Public Hearing.pdf 08-00346 Draft Agenda item.pdf 08-00346 Deed.pdf 08-00346 Corrective Deed.pdf 08-00346 Deed2.pdf 08-00346 Deed3.pdf 08-00346 Deed4.pdf 08-00346 Senate Bill.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0192 Chair Sanchez: Let's take up RE.3 -- no. I'm sorry. Commissioner Regalado: PH (Public Hearing). Chair Sanchez: PH 3. PH 3, from the Department of Public Facility [sic]. You're -- Laura Billberry (Director, Public Facilities): Lori -- Chair Sanchez: -- recognized for the record. Ms. Billberry: -- Billberry, Public Facilities. This is a resolution to authorize the Manager to accept from the Board of Trustees of the Internal Improvement Trust Fund a modification of certain deeds to specifically allow for open -to -the -public, first come, first serve facilities run by private entities, the City, and/or other governmental entities. This modification will also provide a determination that existing leases with Rusty Pelican, Rickenbacker Marina, and Coconut Grove Sailing Club are consistent with the deeds as modified; will provide a waiver by the trustees for any fees that may be due as a result of leases and licenses that did not previously have a waiver of deed restriction, and acknowledgement by the State that no fees will be due for any leases that are found in compliance. In consideration for waiving all these past due fees, we will be -- we are recommending that we quit claim to the trustees the submerged land that we previously leased to Brickell Place I and II. Additionally, in exchange for this deed modification, we are suggesting that the City proffer to allocate 15 percent of all revenues received by the City from any new leases within these deeded areas with private entities for the purpose of funding maintenance and improvements of waterfront properties. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So move. Chair Sanchez: There's a motion by Commissioner Sarnoff, second -- Commissioner Gonzalez: I'll second for the purpose of discussion. Chair Sanchez: Okay. There is a second for the purpose of discussion. It is a resolution. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. The public hearing is open. Seeing no one, the public hearing is City ofMiami Page 32 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 closed; coming back to the Commission. The item is under discussion. That is PH.3. Commissioner Gonzalez: I just have a question. How does this affect -- this resolution affect these businesses negatively? Ms. Billberry: It does not affect them negatively. In fact, what this will do with Rusty Pelican, Rickenbacker Marina, and the sailing club, it allows them, pursuant to their existing lease, to continue to operate. However, with the Coconut Grove Sailing Club, any new lease, they will have to come into compliance with the deed restriction, which means they have to be on a first come, first serve basis. Commissioner Gonzalez: But in one word, it won't have any negative effect in any of these businesses. Ms. Billberry: No. This corrects -- Commissioner Gonzalez: All right. Ms. Billberry: -- the matter by putting them in compliance -- Commissioner Gonzalez: All right. Ms. Billberry: -- with the deed. Commissioner Gonzalez: That was my question. Chair Sanchez: All right. My question is the deed change would put the City in permanent compliance, right? Ms. Billberry: As it relates to these, yes. Chair Sanchez: And we won't have to pay the State anything? Ms. Billberry: I'm sorry? Chair Sanchez: We don't have to pay the State anything. Ms. Billberry: As it relates to these three, no, or any -- Chair Sanchez: And -- Ms. Billberry: -- other leases or licenses that we have entered -- Chair Sanchez: -- the only thing -- Ms. Billberry: -- into to date. Chair Sanchez: -- is that we're giving two bay bottoms back to the State? Ms. Billberry: Correct. Chair Sanchez: Okay. No further discussion on the item. There's a motion and a second. Mr. City Manager, you want to be recognized on this item? Pedro G. Hernandez (City Manager): Mr. Chairman, I just wanted to clarify a point here that City ofMiami Page 33 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 there is a proposal for us to contribute 15 percent of our revenues that normally would go to the State. And the way that this reads, that 15 percent would be invested in water -type improvements, marine improvements. Commissioner Gonzalez: Marine improvements. Mr. Hernandez: So we get to retain those monies down here and invest them in our, you know, waterfront. Chair Sanchez: Well, it's maintenance -- Ms. Billberry: That is what we are proffering, yes. Chair Sanchez: -- or improvements on waterfront properties. Mr. Hernandez: Right. Ms. Billberry: Correct. That is what we are -- recommend be proffered to the State. Mr. Hernandez: And this is an item that has to also be approved by the Florida Cabinet. So with -- you, in essence, are approving a proposal that we can take to the Florida Cabinet. Chair Sanchez: And as always, the devil is in the detail. I want an explanation as is it up to 15 percent or is it going to be 15 percent 'cause the language states allocation of up to 15 percent. Ms. Billberry: It does say up to. We have continued to talk to DEP (Department of Environmental Protection). Very likely they are going to want the 15 percent. Chair Sanchez: All right. Ms. Billberry: We're hoping nothing more. Chair Sanchez: Okay. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Regalado: Mr. Chairman, before -- I have a question for the Manager regarding this items [sic]. Chair Sanchez: Which item? Commissioner Regalado: This -- Chair Sanchez: This item? Commissioner Regalado: -- we just passed and the next one. If you want to go ahead and do the next one -- PH.4 08-00347 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST City ofMiami Page 34 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 FUND ("TRUSTEES"): (1) A MODIFICATION OF DEED NO. 18730-A, IN SUBSTANTIALLY THE ATTACHED FORM ATTACHED, EXHIBIT "A," TO SPECIFICALLY ALLOW FOR OPEN TO THE PUBLIC, "FIRST COME, FIRST SERVED" FACILITIES RUN BY PRIVATE ENTITIES, THE CITY OF MIAMI ("CITY") AND/OR GOVERNMENTAL ENTITIES; AND (2) AN ACKNOWLEDGMENT THAT NO FEES ARE DUE TO THE STATE OF FLORIDA FOR LEASES OR AGREEMENTS, OR EXTENSIONS THERETO, WHICH ARE IN COMPLIANCE WITH THE DEED RESTRICTION AS MODIFIED HEREIN; AUTHORIZING THE ALLOCATION OF UP TO FIFTEEN PERCENT (15%) OF REVENUES RECEIVED BY THE CITY FROM ANY NEW LEASES WITH PRIVATE ENTITIES OPERATING WITHIN THE DEED RESTRICTED AREA FOR THE PURPOSE OF FUNDING MAINTENANCE AND IMPROVEMENTS OF WATERFRONT PROPERTIES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY ADDITIONAL DOCUMENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AS DEEMED NECESSARY TO ACCOMPLISH THE ABOVE. 08-00347 Legislation.pdf 08-00347 Exhibit.pdf 08-00347 Summary Form.pdf 08-00347 Memo.pdf 08-00347 Notice of Public Hearing.pdf 08-00347 Draft Agenda Item.pdf 08-00347 Deed.pdf 08-00347 Deed2.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0193 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, rescinding the previous resolution which placed a hold on the new lease agreement for the Rusty Pelican. Chair Sanchez: Well go to PH 4, and PH 4, it's also from the Department of Public Facilities. You could be recognized on that one. Okay. Laura Billberry (Director, Public Facilities): PH 4 is a very similar item. The only difference is that the deed restriction on the prior item with those deeds was that the property be used for municipal and public purpose. This property, pursuant to deed 18730a, is what we call the north point on Virginia Key and it had a different deed restriction of harbor and airport construction. So they've just asked that we freat this as a separate item. However, the terms as far as the modification being first come, first serve facilities being run by private entities, the City, or other governmental entities is the same. And the proffering of the 15 percent of the revenues of any new leases that the City may enter into with private entities is the same as the prior item. Chair Sanchez: Okay. Need a motion and a second on whether to approve or for the purpose of discussion. Commissioner Regalado: Move it. Commissioner Sarnoff Second. City ofMiami Page 35 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Sarnoff. Before we open it up for discussion, it is a resolution requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed; coming back to the Commission. On the item, discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: On the briefing that we got from Lori and the Manager, we discussed also the lease agreement approved by the voters on the Rusty Pelican, and it was my understanding that the Manager said that the area Commissioner agreed that the Rusty Pelican should remain in that place within the framework of the planning that has been done for the whole Virginia Key area, and that also there have been renderings that are acceptable to the Manager. So, since the voters approved this and since there is more money in the City in terms of the new lease, I would like to make a motion, Mr. Chairman, ifI may, to direct the Manager to explore bringing the lease back to the Commission for discussion regarding the extension of the Rusty Pelican as approved by the voters. Commissioner Gonzalez: I second the motion. Chair Sanchez: All right. It's a motion. Pedro G. Hernandez (City Manager): Just clarification. The -- following that referendum, Commissioner, that you mentioned, my understanding is that the last City Commission action with reference to the Rusty Pelican lease was to place that on hold until the master plan was completed, and the master plan has taken, you know, longer than anticipated. What you're, in essence, saying and directing me to do is to explore options where the Rusty Pelican stays in its present location, and I have to look at option that would be compatible with the remainder of the master planning going on for the remainder of the Key, and then bring that to you. Commissioner Regalado: We're talking about the lease, the lease agreement. I mean, I'll defer - Mr. Hernandez: Okay, but I -- Commissioner Regalado: -- to the -- Mr. Hernandez: -- think it's the -- Commissioner Regalado: But what you need is to rescind the resolution saying that you need to put in -- Mr. Hernandez: That was saying hold. Commissioner Regalado: Okay. So, Mr. Chairman, my motion will be to rescind the resolution approved putting a hold on the new lease approved by the voters on the Rusty Pelican. Commissioner Gonzalez: I'll second that motion. Chair Sanchez: Okay. There's a second. Any discussion? Commissioner Sarnoff. Commissioner Sarnoff Yeah. Mr. Manager, you're aware that we have spent some time, you and I, going over the Rusty Pelican -- Mr. Hernandez: Yes. Commissioner Sarnoff -- modifications. I am not opposed, for the record. Your last City ofMiami Page 36 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 recommendation that the public facility go completely around the building, I happen to be in agreement with you. But basically what we've seen is a very public modification to the entire structure, and what we also have seen is a severe reduction in the parking on that Key so it greens up not only in terms of turf block, but it greens up in terms of the very edges of the water facility, if you will. I want to make sure that whatever you negotiate is in compatence -- compatible with the renderings that we've seen, with the proviso, as you said, you'd like to see it go around the entire building. I happen to agree with that. Mr. Hernandez: Right. I think the idea is to be able to further enhance that point, that area in such a way that it becomes more of a public amenity. Commissioner Sarnoff Absolutely. It's something we could all be proud of. Mr. Hernandez: Right. And then the idea would be how to best develop the remote parking that would be needed in a way that it would fit with the ongoing master planning. Commissioner Sarnoff I agree. Chair Sanchez: All right. Madam Clerk -- Commissioner Regalado: So it's -- Chair Sanchez: -- for the point of clarification. Priscilla A. Thompson (City Clerk): Yes. Excuse me, Chair, and I do apologize. According to my notes, I have three motions. Chair Sanchez: I know. Ms. Thompson: Okay. Chair Sanchez: Well, we're going to do -- we're not going to accept the first or the second. The last one that was proffered was to rescind. Commissioner Regalado: To rescind the resolution putting a hold on the lease agreement -- Chair Sanchez: That's all this -- Commissioner Regalado: -- extension. Chair Sanchez: -- resolution does, so I'm okay with that language. Okay. No further discussion on that motion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. PH 4, we haven't voted on that. Commissioner Gonzalez: Move that. Commissioner Sarnoff Second. Commissioner Gonzalez: I think we move it and second it. Chair Sanchez: Okay. City ofMiami Page 37 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Gonzalez: You move it, and I second it, right? Commissioner Sarnoff Right. Chair Sanchez: Okay. Commissioner Sarnoff made the motion on PH.4, which is a resolution. No? Ms. Thompson: No. The original -- Commissioner Regalado: I made the motion. Chair Sanchez: Okay. Regalado made the motion. Who second? Ms. Thompson: Commissioner Sarnoff. Chair Sanchez: Sarnoff. Okay. We did open it up for the public. Ms. Thompson: Yes. Chair Sanchez: It came back. No further discussion on PH.4. It 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. PH.5 08-00393 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Planning ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A DULY NOTICED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY THAT IT IS IN THE BEST INTEREST OF THE CITY OF MIAMI ("CITY") TO WAIVE THE REQUIREMENTS FOR COMPETITIVE BID PROCEDURES PROVIDED IN THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE") IN SECTIONS 18-85, 18-87, 18-90 AND UNDER FLORIDA STATUTES SECTION 287.055; AUTHORIZING AN INCREASE IN THE AUTHORIZED AMOUNT BY AN AMOUNT NOT TO EXCEED FIVE HUNDRED AND TEN THOUSAND DOLLARS ($510,000) TO THE PREVIOUSLY AUTHORIZED SECOND WORK ORDER AMOUNT OF ONE MILLION SEVEN HUNDRED THOUSAND DOLLARS ($1,700,000) FOR THE NEGOTIATED PROFESSIONAL SERVICES AGREEMENT (" AGREEMENT") WITH DUANY PLATER-ZYBERK & COMPANY, LLC F/K/A DUANY PLATER-ZYBERK & COMPANY, INC. FOR WORK REQUIRED FOR CITYWIDE TOWN PLANNING, PUBLIC MEETINGS, AND URBAN DESIGN SERVICES FOR THE MIAMI 21 MASTER PLAN PROJECT WORK ORDER, INCREASING THE NEW TOTAL AUTHORIZED SECOND WORK ORDER AMOUNT NOT TO EXCEED TWO MILLION, TWO HUNDRED AND TEN THOUSAND DOLLARS ($2,210,000), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE AND TO EXTEND, CONTINUE AND AMEND THE SECOND WORK ORDER AND THE AGREEMENT THROUGH DECEMBER 31, 2009 City ofMiami Page 38 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 WITH FUNDING TO BE APPROPRIATED FROM GENERAL FUND ACCOUNT NO. 00001.980000.891000.0000.00000, ALLOCATING TO PLANNING DEPARTMENT ACCOUNT NO. 310000.351000.531000.0000.00000. 08-00393 Legislation.pdf 08-00393 Exhibit 1.pdf 08-00393 Exhibit 2 .pdf 08-00393 Exhibit 3 .pdf 08-00393 Exhibit 4.pdf 08-00393 Summary Form.pdf 08-00393 Amendment to PSA.pdf 08-00393 Fees.pdf 08-00393 Map.pdf 08-00393 Master Report.pdf 08-00393 Memo.pdf 08-00393 Minutes.pdf 08-00393 Notice of Public Hearing.pdf 08-00393 Notice of Public Hearing 2.pdf 08-00393 Pre-Attachment.pdf 08-00393 Pre-Legislation.pdf 08-00393 Pre -Legislation 2.pdf 08-00393 Project Schedule.pdf 08-00393 PSA.pdf 08-00393 Scope of Services.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, with Chair Sanchez and Commissioner Sarnoff voting no, directing the City Manager to provide each Commissioner with a line -item description of how the additional $500, 000 were spent on Miami 21; further continuing item PH.5 to the Commission meeting currently scheduled forMay 8, 2008. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Votes: Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Manager to report back to the Commission with an account stated and owed in reference to Miami 21 in order to bring the Commission up-to-date with said project's current status. Chair Sanchez: All right. Commissioner Gonzalez: Next. Chair Sanchez: PH.5. City ofMiami Page 39 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: PH.5? Chair Sanchez: Yep. Commissioner Gonzalez: PH.5. Vice Chair Spence -Jones: What happened to RE. 7? Commissioner Gonzalez: What's that? Chair Sanchez: Well get to it. Vice Chair Spence -Jones: Okay. Chair Sanchez: Well get to it. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, PH.5 is an amendment to the confract with Duany Plater-Zyberk, which is the consulting firm that has been doing the study on Miami 21 for the preparation of the Miami 21 Zoning Code. Chair Sanchez: This requires a four fifth vote. Mr. Hernandez: It does require a four fifths vote, yes. Commissioner Gonzalez: I'll move it. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Sarnoff I'll second it for discussion. Chair Sanchez: OK. Discussion on the item. Unidentified Speaker: Is this about the confract on --? Chair Sanchez: Yes, Miami 21. Unidentified Speaker: Sorry. Commissioner Gonzalez: Discussion. Chair Sanchez: Well, hold on. What --? The item has been -- for discussion. Commissioner Sarnoff Let the public hearing -- Chair Sanchez: Yeah. Anyone from the public wishing to address this item? We are on PH.5. The public -- you're recognized for the record. Barbara Bisno: Thank you for the opportunity to speak to you. My name is Barbara Bisno. I live at 1000 Venetian Way, Apartment 603. As I understand, this is for $500, 000. Is that correct? Chair Sanchez: Yes. Ms. Bisno: And it's for the meetings that were held already, the past meetings, is that correct? City ofMiami Page 40 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Hernandez: That would -- it would be, I would say most of it, maybe 80 percent of it, is for past meetings from the end of '06 through most of '07. It also includes 95,000 of additional work that relates to the rest of the City, meaning the other three quadrants. So it's 400, 000, plus or minus, for work that has been done and it's about 100, 000 for additional work. Ms. Bisno: And is that additional work, ifI may, through the Chair, the mapping of the other three quadrants? Chair Sanchez: Yes. Mr. Hernandez: OK. In the work order for the Miami 21 project, we do have sufficient monies left over to be able to complete the work on the remaining three quadrants and to be able to complete the total project. Ms. Bisno: So -- oh, I'm sorry. The 95,000 -- you don't need the 95, 000 for the mapping of the next three quadrants, is that what you're saying? I'm sorry. I'm just frying to understand. Ana Gelabert-Sanchez (Director, Planning): The 95,000 would be for -- it's a citywide, but it's for economic development component and the public benefit. It's not for the mapping. The remaining money that we have in the contract, it is for the mapping of the remaining three quadrants of the City. Ms. Bisno: All right. And so -- but DPZ (Duany Plater-Zyberk) is getting the money for those two, the economic development and the public benefits? Ms. Gelabert-Sanchez: It is the contract for Miami 21, which is -- DPZ is the lead consultant, but it's also transportation; and there's also the economic resource associates. So the 95 -- what the Manager just said is 400,000 are for the additional meetings we've had that exceeded the scope. The 95,000, it is going to be in addition to, and that's for the -- when we start doing the remaining part of the City, we would like to have those additional monies for the economic consultant and for the public benefit trust. Ms. Bisno: Thank you. Ms. Gelabert-Sanchez: That's where that 95 is going to, not for the mapping. Ms. Bisno: Thank you. My comment would be that all of this should have been anticipated or at least negotiated before the meetings occurred. The -- there is always going to have to be an economic report and a public benefit report for the other three quadrants and would have been part of the original contract, I would have thought; and the meetings that were held, four hun -- the four hun -- the meetings, I assume, are the ones that were held after this Commission asked for additional meetings throughout the City. I'm surprised that, at that time, the contractor and the City Manager didn't meet to say this is the amount -- and decide how much money you had. An enormous amount of money has been spent on -- with this contractor, and it would seem that all of the meetings that have occurred so far should have been anticipated. How can you have a plan for the City without having these meetings? And the fact that the meetings were held without mapping is another indication of poor planning. I mean, this is the Planning Department, and I don't mean to be facetious -- Commissioner Regalado: She's right. Ms. Bisno: -- or sarcastic. I'm sorry. I didn't -- it may have sounded that way; I didn't -- Chair Sanchez: All right. City ofMiami Page 41 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Bisno: -- mean it that way, but the point is -- Chair Sanchez: Barbara, this is an opportunity for you to have your questions answered. Those are good questions. Through the Chair, you could get them answered. Ms. Bisno: Well, I appreciate that. And now I think we all know better -- if they were -- they're talking about items that should have been covered by their original contract. There should be no need for additional monies, and there should have been no meetings held for which they were going to come forward -- Chair Sanchez: Well -- Ms. Bisno: -- without a plan -- an agreement before the meetings were held. Chair Sanchez: OK. Listen -- Mr. Hernandez: Ms. Bisno -- Chair Sanchez: -- let me tell you something. The Administration, your department better stand up and address the concerns and answer questions. I don't mind, if I'm a Commissioner and staff tells me that they're wrong, because I've been wrong before. But you need to stand up and address the concerns. Say the meetings, how the money was spent, and don't be timid about it because the money that's -- additional money that has been spent has been because this Commission has the directed the Administration to have additional meetings; and every time we have meeting, the consultants cost money, the meetings cost money, so we need to find out whether we draw the line on Miami 21, we continue to spend money, but we can't continue to spend taxpayers' dollars on this. Let me know now 'cause I'm tired. I'm tired ofMiami 21. I'm - - you know, you need to decide, you need to stand up and address those issues when they tell you how -- additional money, yes, it was for those meetings; and it was directed by the Commission; and we had these meetings; and we had to have these meetings because the -- the understanding thatl have here we're going to continue to have more meetings, andl don't want you to be coming in front of this Commission every five or six months asking for additional money. So address the issue. Tell us it was the -- this is the amount -- Commissioner Gonzalez: That is basically the problem. The problem is that we've been asking for more meetings and more meetings -- Chair Sanchez: More meetings and more meetings -- Commissioner Gonzalez: -- and more meetings -- Chair Sanchez: -- and people expect that it's free. Commissioner Gonzalez: -- and more meetings, and the meetings cost money, you know; and the community and the citizens are the one that want to have more meetings so, you know -- I mean, you get what you ask for. I mean, you know. Ms. Bisno: I will sit down, but I just have to say to the Commission, we wanted these meetings, but everybody that knew that this plan was going to cover the City -- Commissioner Gonzalez: No, no, no. But the plan had a budget for `X" amount of -- for a job description of what the budget was about and the plan was about and anything that you ask in addition you have to pay for. Ms. Bisno: I don't mean to -- I'm -- City ofMiami Page 42 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Gonzalez: I'm sorry. Ms. Bisno: -- may I just --? I don't mean to -- Commissioner Regalado: Barbara, can I say something? And, Mr. Chairman, ifI may. I thought that when that contract was signed with DPZ was to do Miami 21 for the four quadrants for the whole City, not just one quadrant, right? Mr. Hernandez: That's correct. Commissioner Gonzalez: Yes, it is. Commissioner Regalado: OK So I am being told now that the meetings that we requested were additional, so does that mean that in my district, in Gonzalez district, in Sanchez district, we were not going to have any meetings? 'Cause we were told that you had to do 320 meetings, which, by the way, 90 percent were not public; just meetings between developers and -- but all participated. Now, let me just say this. The response -- and this is in response to Commissioner Gonzalez -- that I got when I asked that question, it was because of the turnover in your district. First Commissioner Winton, then Commissioner Haskins, and then you, and -- that everybody wanted a meeting, but that is not his fault. He needed to be informed, nor the predecessor, nor the other Commi -- it's not our fault. So you're saying, you are trying to send a message that because we requested two additional meetings in each of the different district, we need to come up with 400 and -- or $500, 000. Well, you know what, you need to pay this money from the $719, 000 that they haven't used that, and they need to adjust. After all, I mean, I was hoping that we could have a better understanding for the benefit of the residents of the City of Miami of Miami 21, and maybe a campaign that would not involve DPZ and more meetings and parks, where people would or would not go; but to do a more simple grassroot [sic] campaign of information. But I think that we won't be able to do it. The Manager wants to bring the Miami 21 Code on May 15 for the first reading, and second reading on June 17, which, by the way, this is not what the Commission said. We said that you do first the information package and the mapping, and then come back. So I will not vote for additional money. You have to pay from the money that they have not used. If -- Chair Sanchez: All right. Commissioner Regalado: -- they need to do -- Chair Sanchez: All right. Commissioner Regalado: -- listen -- Ms. Gelabert-Sanchez: Can I --? Chair Sanchez: There was a motion and a second. Ms. Gelabert-Sanchez: Yeah. Commissioner Regalado: -- Ana -- Mr. Hernandez: No. Commissioner Regalado: -- if you want to, you come here and you sit and you vote. But you are -- you have not been able to convince me that this was necessary. City ofMiami Page 43 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: (UNINTELLIGIBLE). Ms. Gelabert-Sanchez: I just -- Commissioner Gonzalez: Yeah. Ms. Gelabert-Sanchez: -- would like -- Mr. Hernandez: Allow me to -- Ms. Gelabert-Sanchez: -- to be able to, I guess, clarify. And I was just letting you state the position that you just stated. I just wanted to clarify there was a planning, there was a scope, and there were certain amount of meetings that were scoped for. The remaining balance that has not been paid because it -- we would be exceeding the scope, and that's why we're here, is 719,000; so there was a scope. There were meetings. And we did meet with the Commissioners. We met with the people. So that part was done. Why we're here is because we have an additional 90 meetings that went above the scope that are -- an amount of money that -- Commissioner Regalado: But the 90 meetings -- you see, the misconception here is that the 90 meetings were ordered by this Commission. Ms. Gelabert-Sanchez: It -- Commissioner Regalado: So you mean to tell me that if we requested two meetings for each disfrict that we weren't already allowed meetings in our disfrict in the first scope? Ms. Gelabert-Sanchez: In the first -- what we have -- and we have remaining meetings that are part of the 719 that are part of the scope. The way the scope was done, it was per quadrant; so there were additional meetings. So it's not that the other quadrants ran out of meetings; we do have the meetings, but they're part of the scope of the 719 that we have left that we cannot pay the consultant because it would be exceed -- the ones we are here for is for the additional ones that went beyond the 90. It went -- the amount -- the June 28, when we were asked to go out to the community, and there are certain things that did happen as a result ofAdministration and direction that we received. Now, it is not to say -- and I just would like to clarify that it's not the other districts ran out of meetings; they still have the same scope that we had when we started it; and perhaps the amount -- Commissioner Regalado: So don't blame the Commission because we requested meeting. We just took, in advance, the meetings that you have program in our disfrict. That's it. Don't tell me that these are -- that the 419 whatever dollars, it's -- the Commission is to blame because we keep requesting meetings. No, we didn't. We were allowed meetings within the original scope, several in our disfrict, in our quadrants; and -- Ms. Gelabert-Sanchez: The -- Commissioner Regalado: -- we just moved those meeting forward and -- instead of -- Ms. Gelabert-Sanchez: Not quite, Commissioner -- Commissioner Regalado: Well -- Ms. Gelabert-Sanchez: -- because -- Commissioner Regalado: -- I mean -- City ofMiami Page 44 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Gelabert-Sanchez: --I -- well -- Commissioner Regalado: -- you know -- Ms. Gelabert-Sanchez: -- I just -- Commissioner Regalado: -- you're trying to convince me of something that I know makes sense. I -- what I really don't understand at this moment is why Miami 21 is back in the agenda on May 15. IfI can -- that means that the Manager believes that the people ofMiami have been informed. Is that --? If it's your belief then it's fine. We'll -- we are going to sit here and vote yes or no to whatever on May 15. Mr. Hernandez: Mr. Chairman, if you allow me. I think that it was -- they didn't have the opportunity before to maybe present the case the way it should be presented, and I'm going to take the time and go line item by line item. We have an additional expenditure of $411, 000 for work that has been done by DPZ. Part of it is additional meetings as a result of requests by the Administration and the elected officials and those are 90 additional meetings to date. The original scope contemplated 57 meetings for quadrant one and the preparation of the Zoning Code, and we ended up having 147 meetings. That's an additional 90 meetings. There were meetings with civic and homeowner associations, neighborhoods, like Edgewater; groups like MNU (Miami Neighborhoods United); representatives of the development industry, land -use attorneys, architects, developers; workshops and work sessions with Planning Advisory Boards [sic], with Commissioners, et cetera. Commissioner Gonzalez: Mr. Chairman. Mr. Hernandez: Those 90 meetings. Chair Sanchez: Let me save you some time, if you may. Sorry for the interruption. Commissioner Gonzalez -- Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: -- you're recognized for the record. Commissioner Gonzalez: Let me tell you, I suggest, under the present circumstances -- first of all, there's two issues, okay? One of the issues is that we have been talking about Miami 21 for how many years? Chair Sanchez: Three. Commissioner Gonzalez: Please? Chair Sanchez: Three years. Ms. Gelabert-Sanchez: Three years. Commissioner Gonzalez: Three years. How much money have -- no, don't go, please. Mr. Hernandez: Ana. Commissioner Gonzalez: How much money have we spent so far? Chair Sanchez: One point seven. City ofMiami Page 45 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Hernandez: Commissioner, the work order was for 1.7, and about a million -- Ms. Gelabert-Sanchez: Nine -- Mr. Hernandez: -- dollars has been spent. Ms. Gelabert-Sanchez: -- nine -- Commissioner Gonzalez: How much money have we spent so far? Ms. Gelabert-Sanchez: -- hundred and eighty thousand. Commissioner Gonzalez: Nine hundred and eighty thousand? OK. It's very simple. We need to define and decide if we really want approve Miami 21 or if we want to kill Miami 21; and we will do the pleasure of the major -- majority of the Commission. I mean, you -- to me, to be honest with you, I don't care. I haven't been against development. Miami 21 was an invention to stop development. Actually, that's what it was about, so it be contrary to my belief. I support development. I think development is good. Look at how many unemployment we have. Look at the crime. We're going to have more people unemployed eventually. A lot more people's going to be unemployed once development completely stops. Crime is going to continue to increase. So you know, those that were opposing to development in the City ofMiami will pay the consequences, but the reality is that if we continue -- now we're going to take this issue of how much money was spent, how it was spent. I -- my suggestion is, Mr. Chairman, that the Manager provide each one of us a description by line item of how those $500, 000 were spent; we defer this item today, and bring it back once we are all been informed of how the money was spent. Another issue is that Commissioner Regalado suggested that the Administration take the $500, 000 from the money that they still have to do the other three quadrants. If already one Commissioner is committing not to approve an additional penny and a second Commissioner on this dais decide to second that proposal -- Chair Sanchez: It's dead. Commissioner Gonzalez: -- Miami 21 is dead, so you know -- I mean, let's disconnect it. Let's, you know, disconnect the tubes and let it die and it's over, it's finished, kaput. Let's start working on something -- you know, another program. You know, America 67 or, you know, Cuban 140 or, you know. Commissioner Sarnoff Mr. Chair. Judith Sandoval: Mr. Chairman, this was a -- Chair Sanchez: Hold on. Ms. Sandoval: -- public hearing. Chair Sanchez: There's enough debate here. Hold on, please. Commissioner Gonzalez: And this is not a public hearing. Ms. Sandoval: But I just wanted -- Commissioner Gonzalez: This is a discussion between the Commission, and we need to define -- my proposal is to continue this item, have the Administration pro -- because I agreed with Commissioner Regalado's concern -- have the Administration provide each Commissioner a detail bill of how this money was spent, and then we'll decide if we want to approve it. If we City ofMiami Page 46 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 don't want to approve it, like I said, we disconnect Miami 21. Commissioner Sarnoff Mr. Chair. Vice Chair Spence -Jones: Miss -- Commissioner Gonzalez: Very simple. Ms. Sandoval: It's a public hearing. Chair Sanchez: Commissioner -- excuse me. Ms. Sandoval: I'm sorry. Chair Sanchez: You will speak when the Commission -- Ms. Sandoval: Okay. Chair Sanchez: -- speaks. Thank you. Vice Chair, Commissioner Sarnoff. Vice Chair Spence -Jones: Let me just add this. It seems as though you're -- you -- you're deferring the item. Do you need a second on the deferral? Chair Sanchez: No action has been taken yet. Let's just -- Commissioner Gonzalez: Huh? Vice Chair Spence -Jones: He just said he -- you just -- Chair Sanchez: Well -- but -- Commissioner Gonzalez: It was a motion. If you want to second it -- Vice Chair Spence -Jones: I'll second the motion. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. Chair Sanchez: There's a motion to continue the item, not defer the item, right? We're continuing the item. Commissioner Gonzalez: Um -hum. Chair Sanchez: And he's -- also in that directive he asks that the City Manager come back with a line item as to how the half a million dollar was spent, okay. The item is under discussion. That's the only motion that's on the table right now. Unidentified Speaker: Excuse me. Vice Chair Spence -Jones: I'm sorry. Let me just say this. I think that, you know, to -- at this point, Ana, to waste -- because that's what it would be, Mr. Manager -- $973, 000, Ana, is what you said has been spent? Ms. Gelabert-Sanchez: Nine hundred and eighty-seven. Yes. City ofMiami Page 47 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: Right. Over the last three years. I mean -- Commissioner Gonzalez has said it best, you know, at this point. You know, if he didn't make this motion to continue the item, three years of work would have gone down the drain along with the money. So I think that if it appears as though the Commission is not all the way on the same page on this that it makes more sense for staff and the Manager to get back together to figure out or at least respond to some of the questions that the Commissioners have around the expenses. My concern -- and I don't know if Commissioner Sarnoff has the same issues. I think District 2 and District 5, at least on my end, I know that -- and I want to commend Ana and her staff and her team because everything that I've basically requested regarding Miami 21, you guys have -- or at least -- you're at least 90 percent there. There are still some things that I'm working on with MNU, and I know Barbara and the MNU organization, along with my staff is working through some of those issues, but for the most part we're -- you know, a lot of the things that we've asked for, you guys have gone above and beyond the call of duty to make it happen. So I don't want you to feel in any way that what you have done is not appreciated or valued. I think that what you have, though, is three Commissioners that have not had the opportunity to have the same type of exposure that District 2 and District 5 has because we were in the first quad. So we're like Miami 21 -- exhausted with Miami 21 at this point. But I do want to make sure, because the Code is going to be changing once we vote on this, the key issues that still remain, the 10 percent or whatever that number is, that we continue to hammer out -- because I think there are some great things about Miami 21. By all means, I do. I do agree with Commissioner Regalado. I am requested -- in my district, as you know, I have a large population of Haitian Americans that speak Creole; and in the beginning, we didn't have the Creole element added to the whole Miami 21; and you guys made those kind of adjustments and really made sure we got information out there. I just think that Commissioner Regalado, one of his main points is that -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- you know, there needs to be some sort of -- Chair Sanchez: And we're deferring -- Vice Chair Spence -Jones: -- exfra push to -- Chair Sanchez: -- the item. Vice Chair Spence -Jones: -- make sure information gets out into his area, but I can't -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- really speak -- excuse me, excuse me. Let me finish. Let me finish, all right. So I just wanted to officially acknowledge that. I have to put on the record, though, my concerns. And my concerns would be, after almost a half a -- and I told you this yesterday, Mr. Manager, so this is not a surprise -- after half -- almost a half a million dollars worth of additional dollars, you know, being spent by Miami 21 -- when I asked the question in my briefing, you know, well, why is it necessary for us to vote and approve on this, you know, item? It was communicated to me that 90 percent of the work has already been done. So then my question became well, how does staff get to the point of 90 percent of the work being done, spending almost a half a million dollars, even if the Commission has made statements on the dais about more meetings, or whatever the case may be, then it becomes staffs responsibility to say at that point when we direct you from the dais, you know, that, OK, I just want you to be mindful at this point we're at this amount, and in order for us to complete any additional things, we need these additional dollars. I just -- I would hate to see this happen on any other project. Half a million dollars to just pull from -- well, I don't know where you're pulling it from, but apparently you're pulling it from somewhere, when all of us have serious needs in our district on -- whether City ofMiami Page 48 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 or not it be social service or additional police, you know. If we can find the monies for these type of things but can't find the monies for -- so that's what my concern would be is you got so far down the line and then, after getting so far down the line, instead of it coming in -- back in front of the Commission for us to vote and approve on it -- approve it, you know, we wait till we're half a million dollars in the hole. Now, what happens if we say we don't want to pay 'em? They could sue us, right? Right, Ms. City Attorney? Ms. Bru: I'd rather not comment on that, but obviously, the work has been done; and there are theories of law under which they may be able to bring an action and for which we may liable. Commissioner Gonzalez: Oh, yeah. Vice Chair Spence -Jones: That's my only point. But I just wanted to make sure that I acknowledge you guys and your work. I don't want you to feel, in no way, that -- you know, sometimes I know you feel like you're getting beat up, but -- up here about this whole issue, but -- Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: -- that's my point. Chair Sanchez: -- and a second to continue the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Okay. Vice Chair Spence -Jones: Wait. Mr. Hernandez: Mr. Chair. Vice Chair Spence -Jones: You had Commissioner Sarnoff that wanted to say -- Chair Sanchez: No, no. Listen, we're going to discuss -- this is coming back, and we're going to discuss it. Now, let me tell you something. I think -- it's very frustrating, Mr. City Manager. Miami 21 is getting to be very frustrating. Thank God that the development boom is over because I guarantee you, if it wasn't, our PZ (Planning & Zoning) item agenda would be voluminous; all the developers coming in here trying to cram in on 11000, which is a Frankenstein, OK? Because all it does, it allow projects to go out there that were -- you know, did not have reviews, and it allowed developers to come in here and say "Super size it," like Igo with my kids to Burger King and they have a number one, super size it, all right. So thank God that that development boom is over and still you're getting buildings that are going up that are very poor quality as of right and they're sneaking in, but that'll be up to us to decide when the time is right. The longer we wait, the more money we spend, I believe the more harm that is done to this City on Miami 21. And I've studied Miami 21. I've studied 11000. People say, well, I don't know Miami 21. Well, some people don't know 11000. But Miami 21 is predictable, but we'll get to those arguments when the item is being brought to the Commission for a vote. But it's getting very frustrating, all these issues -- Mr. Hernandez: Mr. Chair. Chair Sanchez: -- on Miami 21. All right. Mr. Hernandez: Mr. Chair, if you'll allow me? Chair Sanchez: Yeah. City ofMiami Page 49 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Hernandez: I was going through a brief presentation before to justify the expenses, and -- but there were other comments that I need to address. Commissioner Regalado, the reason that I put dates on that memo is because I feel that with respect to the Zoning Code, the Zoning Code applies citywide; and I felt that it was a moment of facing up to the Code and determine if it's valid -- if there is validation at the Commission level to be able to approve it. If there is not, heck, that will be the end ofMiami 21. That's why I was really against waiting until the very end because you continue to spend money, and if you wait to have the Code with the maps at the very end, I would do the whole mapping when the Commission was opposed. And by going through a review and a vote on a Zoning Code, you would know upfront whether you wanted to support the new Zoning Code at a citywide level, and that was the spirit. I want to also expedite and bring this condition to a head or this situation to a point of solution. Commissioner Sarnoff Let the record reflect that I never got to put my comments on the record, so my vote would be no. Priscilla A. Thompson (City Clerk): Chair, ifI can get clarification. I just want to make sure. On the continuance, are we talking about continued to the next meeting, which is May 8? Chair Sanchez: It would be a continuance to May 8. Ms. Thompson: Thank you. Chair Sanchez: And also, I would change my vote to a no also. I think it's time for us to decide a process, stick to that process, instead of sending the wrong vibes as to every time that we meet here, something's presented and things are changing; it just sends the wrong message to the people that have elected us to make decisions for 'em, decisions that are going to affect their daily lives, not only their lives but the next generations to come. Leadership, you've got to make tough decisions for leadership. And the longer we wait, the more money it's going to cost us; and I believe the more harm that's going to happen to the City because Miami 21 is a thousand times better than 11000, by far. Commissioner Gonzalez: All right. Based -- Chair Sanchez: Okay. Commissioner Gonzalez: -- on that, I'll reconsider my motion. Chair Sanchez: All right. So, Madam Attorney, there is no deferring the item. The item comes back up, and I guess we're going to have to vote on the issue. There's nothing on the table yet. Commissioner Sarnoff I'd like to make -- Commissioner Gonzalez: Commissioner Sarnoff -- Commissioner Sarnoff -- I have some -- Commissioner Gonzalez: -- is on record -- Chair Sanchez: Whoa, whoa, whoa, whoa. Let me clear this. Listen, let's simplify it. If you made the motion, then you need to -- motion to reconsider. That's more -- Commissioner Gonzalez: Motion to reconsider. Chair Sanchez: All right. There's a motion to reconsider. City ofMiami Page 50 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff Second. Chair Sanchez: You would second it. It opens it up. There is no motion on the table, except just a motion to reconsider. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Commissioner Regalado, did you vote aye to reconsider? Commissioner Regalado: Yes, sir. Chair Sanchez: Okay. So there is no item on the table. Commissioner Gonzalez: All right. Now -- Chair Sanchez: The only item that's being discussed now -- Commissioner Gonzalez: --I make motion to approve. Chair Sanchez: To approve with the additional expenditure. Commissioner Gonzalez: Exactly. Chair Sanchez: Is there a second? Commissioner Sarnoff Second. Commissioner Gonzalez: The same -- Chair Sanchez: Second. Commissioner Gonzalez: -- motion that made in the first place. Chair Sanchez: All right. Vice Chair Spence -Jones: Your motion -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- is to approve it? Chair Sanchez: Listen -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- I have afford you the opportunity to speak. It's a new motion and a second. I have to open up the public hearing again. Very briefly, please. Ms. Sandoval: Thank you very much. Judy Sandoval, 2536 Southwest 25th Terrace. First of all, I want to say something about these dozens and dozens of meetings, hundreds of meetings. Chair Sanchez: Briefly, please. Ms. Sandoval: I'm -- this is important; you should hear it. Andl have been to dozens and City ofMiami Page 51 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 dozens of these meetings from the very beginning. Part of the reason that you need too many meetings is that this DPZ firm is incapable of explaining this new Code and system in plain English. They might as well be speaking Chinese; that nobody in the public, the general public of this City, can understand what they're talking about, so they have to have more meetings. They don't answer letters and requests and ideas that are sent to them. Our -- the Coral Way NET (Neighborhood Enhancement Team) Office, all of the neighborhoods -- there are about eight of them -- got together. Commissioner Regalado knows this very well -- spent a whole year saying what we wanted in our neighborhoods; sent it all to DPZ; they never even sent us an acknowledgment. DPZ and the City have not worked honestly and openly with the neighborhoods, with MNU, with the heads of the NET offices that sent out these notices and everything. That's why you have run up this additional expense. That's what's wrong with the way Miami 21 has been conducted. And you cannot vote on Miami 21 until you do the maps for the other quadrants of the City, because the neighborhoods and individual property owners cannot tell what is going to happen in their neighborhoods. This Code cannot be applied without us having that information. It will be a disgrace for you to rush Miami through 21 when the public has not been responded to you. And other people have said -- I'm not going to say it today because I'm not a lawyer -- that if you try to run the City on different codes at the same time, that you can be subject to lawsuits. Thank you. Chair Sanchez: OK, but wait a minute. Hold, hold. Wait. Judy, you need to understand, that's not -- Mr. Hernandez: No. Chair Sanchez: -- how you're saying, that's not how it's going to happen, please. Mr. Hernandez: Even -- Chair Sanchez: That's where you need to stand up and clarify these things. Ms. Gelabert-Sanchez: What -- Mr. Hernandez: Let me try to explain this, and you know more of the detail; but think can get to it right away. There is a Zoning Code. The Zoning Code is like a book of rules. However, without the land -use maps, it's nothing. They have to come together at some point in order to form the new Zoning Code. The reason that was advocating for having a review of the Zoning Code in advance is because it's a citywide application of rules; it's where these citizens, many, many citizens for many months have worked on this and they deserve that, at least, there be some validation of the Zoning Code. And then you validate it, you support Miami 21, and then you continue on to develop the land -use applications. Once the whole thing is done, then it comes together; and then it will be in effect hopefully in early '09; but, definitely, the Zoning Code itself does not become effective. And the idea here is never to have two codes at the same time. That would be totally ineffective, so we're totally against that; and we're working not to have it. Ms. Sandoval: The citizens will never agree to this and never understand unless you do the maps. They should be considered together. And wanted to say one more thing that I forgot. I am in communication with city planners all over the country, and one of the best-known, whose name I will not mention, I sent some of the recent articles in the Herald which were critical of Miami 21, and the time it's taken, and the money that it's cost and everything; and he replied back to me. And this is a man who's every bit as known in his company as DPZ. He said it's become already the most expensive rezoning of a city in the history of the country. Chair Sanchez: Thank you. Commissioner Gonzalez: All right. I -- City ofMiami Page 52 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Barbara, briefly. Commissioner Gonzalez: -- just have one single question. Oh, go ahead, please. Ms. Bisno: Well -- I just want to take a moment. I live in quadrant one. I just -- what Pete said. I live in quadrant one, and I don't consider myself to be a completely out -of -it person. I paid attention to all the meetings, and I can tell you that no one, including people who understand planning, understands what the rules mean until you see the maps. To put the -- to say you want to put the rules out there and then you'll wait to do the maps, and at the end of the day, when it's all put together, the City will know what's -- what is -- have their new -- but just -- you -- Ms. Gelabert-Sanchez: But that's not the case, and it's just clarify what we were doing, what we were proposing. It was -- the Code, it's, like the City Manager has said, the Code of rules. It's like the Zoning ordinance, and the rules apply -- the rules is how it would apply. The mapping is where are we going to place them, and that -- if -- just ifI may. So the legislation, as we were proposing to present it, was going to be -- it would say that the Code, which is like the Manager just said, validation and it's -- that we are actually going out to the quadrants and saying these are the rules that the Commission have support. Now, it does not come into effect -- we would still have to go through the exercise, which is the one that -- also this Commission, on February 14, passed the motion for us to go back to the remaining three quadrants, finish the meetings that we've had, and then come back to this City Commission and back to the Planning Advisory Board and be able to say, Okay. But that exercise has not happened yet. So with -- Ms. Sandoval to clarify, in Coral Way we do not have an answer because we still have to go out to Coral Way and be able to map them. When it comes back with the mapping, it comes back to the City Commission; and the City Commission, once they see the whole mapping of the City, if, in fact, it comes -- if Miami 21 comes in -- because the legislation, it wasn't that it's in, and then it's depending of the mapping, it will not come into effect until this City Commission approves the mapping. Chair Sanchez: The mapping. Ms. Gelabert-Sanchez: And that would -- it has to be very clear. It was a way of -- these are the rules -- even to make it clear to the people when we go out to the community and say these are the rules that we have. Where do we place them? And with -- you know, and I know you've come to all the meetings. I know the Commissioners have been briefed, and we said -- we talked about the rules; where do we apply them? I think that's the critical exercise when we do go out to the rest of the three remaining quadrants, and that was the -- but that was what we were putting out and that was what being considered as the City Manager just explained. Ms. Bisno: These five Commissioners, you need to know what your constituents think of the rules, I think, before you vote on them. I think that's what you all want to know before you cast your vote. And I guess what I'm saying is that nobody knows what the rules mean until they see the maps. Because it sound -- what sounds like an appropriate rule only when you see how it's applied to the existing City of Miami do you know how you feel about it, so -- Chair Sanchez: Barbara. Ms. Bisno: -- well, I just -- just one second more. So to require the City Commissioners to vote on it to, quote, validate it so that they can go through their exercise -- we know now what's proposed. It's been validated by the Planning Department and the Administration. It doesn't have to be validated by the City Commission to go through this exercise, and then constituents are able to tell you yes, we like these rules; please vote for it, after they see the maps. That's -- I don't -- she's asking that it be validated by the City Commission before the citizens know the maps. That makes -- to a citizen, it makes no sense. I just -- that's it. City ofMiami Page 53 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: All right. Ms. Bisno: Thank you. Chair Sanchez: Thank you. Commissioner Gonzalez: How many -- Chair Sanchez: Public hearing is closed. Commissioner Gonzalez: -- meetings have we had on Miami 21 ? Chair Sanchez: Oh, my gosh. Five hundred -- Commissioner Sarnoff Hundred and twenty-seven. Chair Sanchez: -- and something. Commissioner Sarnoff Hundred and twenty-seven. Chair Sanchez: Huh? Commissioner Gonzalez: A hundred and -- Ms. Gelabert-Sanchez: Yeah. Commissioner Gonzalez: -- twenty-seven meetings -- Commissioner Sarnoff Hundred and twenty-seven. Commissioner Gonzalez: -- and it's still -- Ms. Gelabert-Sanchez: A hundred and -- Commissioner Gonzalez: -- we hear this lady -- Ms. Gelabert-Sanchez: -- forty-seven. Commissioner Gonzalez: -- says that nobody understand Miami 21 -- Chair Sanchez: My question -- Commissioner Gonzalez: -- in Miami. Chair Sanchez: -- here's my questions. Do people understand 11000? Mr. Hernandez: No. Commissioner Gonzalez: I don't know. Maybe they will. Mr. Hernandez: No. Commissioner Gonzalez: You know, one comment that I have heard is the T5, the T3, the T66, the T44, the T --Miami was very simple; R-1, R-2, R-3; C-1, C-2, but you know, very simple. I City ofMiami Page 54 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 don't know. It's kind of complicated. And I know the more people who get involve in this, the worse it's going to be because less people are going to understand this program, so you know -- I mean, they want to make it so sophisticated and so eloquent -- Chair Sanchez: Well, some -- Commissioner Gonzalez: -- that -- Chair Sanchez: -- people -- Commissioner Regalado: You know -- Chair Sanchez: -- want to confuse the issue. Commissioner Regalado: No. You know, I just want to ask one question, which I think is simple, but before that -- I don't know if you've seen -- I think it was two Sundays ago -- Meet the Press, the national network, and Richard Cheney, vice president, was asked, well, do you know that all the polls said that 70 percent of the American people opposed the war in Iraq? And the response was "so." So, you know, it's -- Chair Sanchez: What does that have to do with the price of rice in China? Commissioner Regalado: It has to do with the fact that it's easier to approve Miami 21 without people knowing because we know that people don't understand it, and why bother? Why have - -? I mean, you said a hundred and some meetings. How many meeting -- public meetings. Commissioner Sarnoff Hundred and twenty-seven, right? Ms. Gelabert-Sanchez: Hundred and -- Commissioner Regalado: A hundred and twenty-seven meetings. Ms. Gelabert-Sanchez: -- well, we've had a hundred and -- Mr. Hernandez: Hundred and forty-seven. Commissioner Regalado: To my knowledge -- Commissioner Sarnoff How many? Mr. Hernandez: One forty-seven. Ms. Gelabert-Sanchez: A hundred and forty-seven. Vice Chair Spence -Jones: One forty-seven. Commissioner Sarnoff One forty-seven. Commissioner Regalado: -- Disfrict 4 has 88,000 residents, according to the last Census Tract. To my knowledge, there's only been two meetings in Disfrict 4. Eighty-eight thousand residents had the opportunity of meeting twice. So my question is very simple. Why it's so difficult to bring Miami 21 when the whole city is done, like it was done in one quadrant? Why it's so difficult to bring it, have a public hearing; have a special meeting; have people from throughout the county -- from throughout the city, and then, you know, decide yes or no; or vote the good thing, the bad thing; a publicize meeting. What is the mystery behind rushing and approving the City ofMiami Page 55 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Code without the maps? And then you tell us that even ifyou approve it, it will not -- Chair Sanchez: All right. Commissioner Gonzalez: -- be law because the Code needs the map. So if the Code needs the map and if we approve it, it still won't be law; why do we need to approve it? And why can we just have the whole city map and vote on Miami 21 on the merits, under the merits ofMiami 21? I mean, I'm stupid; I know that, and -- but can you answer me that? Mr. Hernandez: Commissioner, it's obvious that the only way or the better way for residents to connect and to understand is when you get to the land -use maps because they can actually see what can be proposed near where they live, and they can interpret more the potential impact on their residents. If the will of the Commission is to, in essence, hold back the Code itself or the book of rules, to go together with the land -use maps, I'm fine. I was trying to propose the other way because I felt that it would be expeditious. However -- Commissioner Sarnoff Mr. Manager -- Mr. Hernandez: -- if that's the desire, I'm fine. Commissioner Sarnoff -- I have not -- Mr. Chair, I've not spoken yet. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff I think what the people are saying is you're giving them a game board, a chess game board. You're giving them the rules, but you're not letting them look at the board; and they're saying we can read where queens to --king brook two goes, but we've never seen the chess board to actually see a three-dimensional display of what it could or will look like. Now, some of us have had a great many meetings. I know I've sat with you for more than a day and gone through this. I know it helped to do that. And we have seen the maps in the first quadrant, and I don't necessarily agree with Plater-Zyberk's map; but you create your own map to what you think your constituents want and what you think is the appropriate dimensions. The other Commissioners have not had that opportunity to do that same exercise. I think Commissioner Sanchez may have had that opportunity in a small part of his quadrant. And you know, forgive me for not understanding the amount of money that DPZ has been spent [sic]; I wasn't here for the first contract. I don't know the scope of services for the first contract. But let me ask the City Attorney this question because this may help. Is it feasible under this contract because, on my estimation -- and my number's going to be a little off -- it's about $6, 500 a meeting is what it cost to have a meeting, is my estimation. I may be wrong on that. I don't have my calculator up here, and at this time of night, I'm not going to trust my math. But could the meetings be considered to be part and parcel of the original scope of contract? Because when you went into Commissioner Regalado's disfrict, when you went into Gonzalez's disfrict, and you went into Sanchez's disfrict, weren't you really having meetings to promote Miami 21 and couldn't they -- that be construed under the contract to be part of the seven -- whatever the remainder is so that you can -- Commissioner Regalado: That's what I said. Commissioner Sarnoff -- have the offset? Commissioner Regalado: That's what I said. Commissioner Sarnoff No. I -- Mr. Hernandez: Commissioner -- City ofMiami Page 56 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff -- and -- I'm -- Mr. Hernandez: -- I -- Commissioner Sarnoff -- asking if that can be done? Mr. Hernandez: Right. I looked into that because I've spoken to Commissioner Regalado about it, you know, last Monday, andl was told that cannot; that in order to do that, I need to amend the present scope of the contract in order to then be able to utilize the $700, 000 that have in balance to complete the rest of the project -- Commissioner Sarnoff Can this Commission amend it? Mr. Hernandez: -- for these additional expenses. In essence, what we're doing here today is an amendment to the scope -- Commissioner Sarnoff Can this Commission amend --? Mr. Hernandez: Yes, yes. Commissioner Sarnoff Let me ask the question this way. And Madam City Attorney, can this Commission amend the contract such that we can go into the seven -- I don't know. What is it, 700,000? I forgot the number you told me. Ms. Gelabert-Sanchez: There's a remaining of 719, 000. Commissioner Sarnoff Seven nineteen. So could we take -- can we take the, what is it, 490 that's actually been spent? Ms. Gelabert-Sanchez: It's 400 and -- Mr. Hernandez: Four eleven. Ms. Gelabert-Sanchez: -- 411. Commissioner Sarnoff Four eleven. So could we take the 411s [sic] from the 790, still leaving us a resulting balance, and -- Mr. Hernandez: From -- Commissioner Sarnoff -- amend it fi^om the floor here today so that we are not in debt --? Well, no, no, no. Chair Sanchez: It's still got to come back. Commissioner Sarnoff You may have to come back, but you know what? Right now you're playing with somebody's contract that has done work -- Mr. Hernandez: Yes. Commissioner Sarnoff -- and has -- Chair Sanchez: You're stealing from Peter to give to Paul. Commissioner Sarnoff Actually, you're not. What you're doing is what think is practical, good City ofMiami Page 57 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 business sense, and what you're doing is you're making sure that a vendor of the City ofMiami is paid in full, up to today, and then you can make any decisions you choose to go forward. Ms. Gelabert-Sanchez: The scope of services -- and Glenn is here -- would not allow us. We would have to amend the -- Commissioner Sarnoff And the City -- Ms. Gelabert-Sanchez: -- scope and that's what you -- yeah. Commissioner Sarnoff Can the City Commission make the amendment from the floor? Unidentified Speaker: Yes. Commissioner Sarnoff Then I'm going to make a motion to amend the scope of services to fit within the scope of services that have been provided to date. Chair Sanchez: All right. There was already a motion on the table. If no action is taken, then the motion dies; to state that for the record, that no action was taken on that motion. Madam Clerk, are we clear on that? Ms. Thompson: Very. We're clear. Chair Sanchez: Okay. So now there's a new motion, and that motion has been proffered by Commissioner Sarnoff-- Commissioner Regalado: Second. Chair Sanchez: -- and second by Commissioner Regalado. Okay. All right. And there is no further discussion. Commissioner Sarnoff Am I doing something illegal here? Chair Sanchez: Hold on. Commissioner Sarnoff Then somebody needs to tell us that. Chair Sanchez: I knew you can't. Legal is -- apparently, Legal or -- Procurement has a problem or Legal has a problem, and -- you'll end up in the same situation two months from now. Mr. Hernandez: Right. In essence, Commissioner, you're right. I mean, the item today before us, in essence, amends the contract, allow us to have the additional 500,000 so we can pay the 411 that we owe; and with the remaining monies that we have in the work order for Miami 21, I can complete the project without having to come back. Chair Sanchez: You know, we're going to end up with -- Commissioner Regalado: Well, how do you know that? You don't know that. Ms. Gelabert-Sanchez: Well -- Mr. Hernandez: Commissioner, you're right. I mean, ifI -- Commissioner Regalado: You don't know that. City ofMiami Page 58 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Hernandez: -- abide by the number of meetings that are programmed for the rest of the City, then I will be okay. Commissioner Regalado: But you don't know that. Mr. Hernandez: No, I don't know. Commissioner Regalado: That's the point. Mr. Hernandez: And the idea would be to -- Ms. Gelabert-Sanchez: But if we -- Mr. Hernandez: -- manage it within those dollars. Commissioner Regalado: And why are we waiving the bidding process? What is that --? Ms. Gelabert-Sanchez: But -- Commissioner Regalado: Can you, City Attorney, explain this? Ms. Bru: The resolution that's before you today is an emergency resolution because the scope of services that has been now added to this project goes beyond what was originally bid out, because the threshold amount exceeds what the Florida State Statutes would require for bidding, which is $25, 000. You could have either had to rebid out the scope of services or bring it in as an emergency, which is what the Manager has determined this was an emergency. Chair Sanchez: All right. Time out. Commissioner Gonzalez: All right. Mr. Chairman. Chair Sanchez: Whoa, whoa, whoa, whoa. Time out. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Yes, sir. I'd like to withdraw my motion. Chair Sanchez: All right. Commissioner Gonzalez -- Commissioner Gonzalez: All right. Chair Sanchez: -- the motion -- Commissioner Gonzalez: Motion to -- well, I'll withdraw my motion. Chair Sanchez: No. You need to make a motion to defer it. That's what you proffered at the beginning. Commissioner Gonzalez: Okay. Then I'll make a motion to continue. Commissioner Sarnoff Second. Commissioner Gonzalez: And let me tell you something. Chair Sanchez: Second. City ofMiami Page 59 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Gonzalez: On my motion to continue, let me make a comment, okay. My personal belief-- and this is my personal belief and I might be wrong -- is that not even the Administration believe in Miami 21 because on these past three years -- when you believe in something, you defend it with passion, with, you know, force, and you fight for it. And I haven't seen anybody here standing in that podium defending Miami 21 -- Chair Sanchez: True. Commissioner Gonzalez: -- with the passion and the effort and the -- and you know, with the real support that you need to defend something that you're presenting. That is my personal observation and my personal appreciation ofMiami 21. Commissioner Sarnoff Commissioner, can I just comment on that? I mean, we've gone through two District 2 Commissioners, we've gone through a City Manager; it's no easy task to come up to speed on being a Commissioner. It's at least five times, maybe seven times as hard to be a City Manager; and I don't know that he's ever had the time to gain the passion for it. I know it's not the easiest -- you know, this is like sitting through a thousand Planning & Zoning meetings, all condensed in a book the size that we usually have for Commission meeting; every word having a meaning to it. So it's really hard to gain the passion until you understand the issue, and it is hard to understand the issue, Mr. Manager, until you see the map. It fruly is. Mr. Hernandez: I -- Commissioner Sarnoff, I do agree that -- Commissioner Gonzalez: Well, then let me tell you. Mr. Hernandez: -- people -- Commissioner Gonzalez: I have my concerns, and my concern is the mapping is a serious concern -- Commissioner Sarnoff I -- Commissioner Gonzalez: -- thatl have. And let me tell you. I have my doubts thatl definitely going to support Miami 21 whenever I see the mapping in my district. And once we change the Code, that's it; we already change the Code. So, you know --I mean, we all have questions, but we need to come up to an end. I mean, either we support it or we kill it. I've been saying it meeting after -- Chair Sanchez: All right. Commissioner Gonzalez: -- meeting after meeting after meeting. Chair Sanchez: Listen, we beat this horse -- Commissioner Gonzalez: To death. Chair Sanchez: -- with a stick. Commissioner Gonzalez: Yeah. Chair Sanchez: All right. We're not going to debate it anymore. There's a motion to continue the item -- Commissioner Gonzalez: To me -- Chair Sanchez: -- and a second. City ofMiami Page 60 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Gonzalez: -- this is like the Iraq war, you know. We knew when we started, but we know -- we never -- we will never know when it will end. Mr. Hernandez: Mr. Chair, let me make one final plea to all ofyou Commissioners. I think that it's obvious that we do owe this company the 411, no question. As a matter of fact, they probably done work beyond that value. What I'm asking ofyou is to actually approve the item, authorize the item so we can go forward, so we can -- we'll hold off the book of rules. We'll hold off the book until the land -use maps are done, and then bring it up on the end. I don't have a problem. I -- it can be done in that fashion. But what I'm asking all ofyou is to actually support this item so we can go forward and complete Miami 21 and bring it to you as a final document. Chair Sanchez: All right. The motion that's on the table is to continue. There's been a motion and a second. All -- Commissioner Regalado: Second. Chair Sanchez: -- in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: How many "no's"? Okay, aye. It's been continued. Commissioner Gonzalez: Item has been continued. Chair Sanchez: All right. It's being continued. Commissioner Sarnoff Mr. Manager, maybe you should bring this back with an account stated and owed, and just bring us up to speed as to where we are today because -- and nobody here wants anyone to not be compensated for the work they've already done. Where we go from here beyond that --? I mean -- you know, I see the City Attorney nodding. I think we're thinking the same way, which is we just don't want to owe them money. Mr. Hernandez: No. Commissioner Sarnoff But maybe the next Commission meeting you could bring an item that gives us an accounts stated. We know that under quantum meruit that they'll be entitled to their fees. And let's -- Mr. Hernandez: You mean, a listing of all the meetings that they actually had and a more detailed accounting? Commissioner Sarnoff Whatever they've earned to date that we need to pay, and then Commissioner Regalado will know that we'll always have $790, 000, or something like that, to spend if we decide to go forward. Chair Sanchez: All right. Okay. Miami 21. "[Later...]" Chair Sanchez: We're going to skip 5. Let's fry to get some of these noncontroversial out of the way. Let's go to SR.1. Commissioner Gonzalez: Why are we skipping 5? City ofMiami Page 61 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Because we're going to fry to get some of the noncontroversial out of the way. We're almost -- Commissioner Gonzalez: Oh. Chair Sanchez: -- at 12. Commissioner Gonzalez: All right. Chair Sanchez: We're going to break at 12. Let's try to get the noncontroversial items out of the way. Commissioner Gonzalez: SR (Second Reading) -- Chair Sanchez: Then in the afternoon, we'll pick up the -- Commissioner Gonzalez: SR.1 ? Chair Sanchez: Yeah. Commissioner Gonzalez: -- controversial items after 2. 10:30 AM PH.6 08-00348 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $35,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PUBLIC SERVICE RESERVE ACCOUNT FOR DISTRICT 5; ALLOCATING SAID FUNDS TO THE SUNDARI FOUNDATION, INC., TO CONTINUE TO PROVIDE PUBLIC SERVICE ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-00348 Legislation.pdf 08-00348 Exhibit.pdf 08-00348 Exhibit2.pdf 08-00348 Exhibit3.pdf 08-00348 Exhibit4.pdf 08-00348 Summary Form.pdf 08-00348 Public Notice.pdf 08-00348 Agreement.pdf 08-00348 Exhibit B.pdf 08-00348 Exhibit C.pdf 08-00348 Pre Legislation.pdf 08-00348 Attachment A.pdf 08-00348 Corporation Papers.pdf 08-00348 Agency List.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 62 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0188 Chair Sanchez: All right. Let's try to get this frain back on track here. Let's take up PH 6 and PH.7. It was properly advertised for 10: 30 a.m. We do have the sign language translator here. Let's take those items up. It's transferring funds, PH 6. Alfredo Duran (Assistant Director): Good morning. Alfredo Duran, with the Department of Community Development. PH 6 is a resolution authorizing the transfer of $35, 000 from CDBG (Community Development Block Grant) public service funding from District 5 reserve to the Sundari Foundation, who operate the Lotus House in Overtown. Chair Sanchez: All right. It is a resolution. It requires a public meeting. Let's get a motion and a second. Commissioner Regalado: Second. Vice Chair Spence -Jones: Mo -- Chair Sanchez: Motion is made by Vice Chair Spence -Jones, second by Regalado. Before we open it up for discussion, this is a public meeting. Anyone from the public wishing to address this item, please step forward and be recognized. You're recognized for the record. Good morning. Ciara Jones: My name is Ciara Jones. I'm the community outreach specialist for the Lotus House women's shelter. Chair Sanchez: All right. Ms. Jones: I am a successful completer of the program at the shelter, and I now am an employee of the foundation which operates the Lotus House women's shelter. And I would just like to say that without the help of the Community Development Team, the Lotus House would not be what it is today. Myself and others may not have been able to achieve the level of clarity that I have right now because of the Lotus House. It is truly a place for healing and it has shown me that my potential is limitless and to never stop seeking a better sense of self. I would like to thank the Community Development Team and all of the Commissioners, especially Commissioner Spence -Jones and Regalado. This is truly a cause to be supported because it is touching the mind, body, and spirit of many women in our community, the same women who are raising the children who will hold your positions in the future. These women will be -- these women and children will be responsible for making ethical and good decisions, and these women have a direct impact on our future and hopefully we can impact as many women and children as possible to ensure a better future for the lives of our community. Thank you. Chair Sanchez: Thank you so much. Anyone else? Constance Collins: Yes. Thank you. My name is Constance Collins Margulies, and I'm the president of the foundation which founded the Lotus House women's shelter. Thanks to the support of the Community Development Team and to all of the Commissioners, we celebrated our second birthday on March 30 at the shelter. We have served over 200 women since we opened our doors. And since the maternity wing opened a year ago, we are the proud mothers to over 13 newborns. Lotus House is, in many ways, a shelter of last resort. We take from homeless shelters that are temporary. We take from safe houses, rehab centers, prison and straight off the streets. We are the only facility of our kind in Miami -Dade because we do have facilities for women who are homeless and pregnant and their infants. We thank you very much for your support. It makes a -- truly a difference in the lives of so many women. City ofMiami Page 63 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 PH.7 08-00349 Department of Community Development Chair Sanchez: Thank you so much. All right. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: Yes, Mr. Chairman. I just want to publicly acknowledge all the wonderful work that the Lotus House is doing for the residents in the Overtown area for the children that they serve and the women that they serve. I see one of my Lilies of the Valley here. We've created a mentorship program. Rosario Kennedy and many other women that give back of their time and their resources to help these women get back on the right track. And I'm so proud to see you stand in front of that mike because I remember the first day you arrived to Lotus House; to see your leadership and how much you have blossomed from being at the Lotus. It's great to see that you're doing well. I just want to also just add -- I did ask the question from the City Attorney, before my trustee, which is Marty Margulies from our Legal Defense Fund, was my -- is my Legal Defense Fund trustee married just recently -- so I want to say congratulations to Constance. They just recently got married. This was prior to me being -- or at least Marty coming on board to handle my fund. I asked the City Attorney if there was any conflicts because I wanted to make sure we had no issues, and it was communicated to me that there were none. I just wanted to verify that on the record. Julie O. Bru (City Attorney): Yes, Commissioner. There is no conflict under either State, County, or City law. Chair Sanchez: All right. Vice Chair Spence -Jones: Thank you very much and good luck. And anything that we can do to support the women, we definitely do. 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND CHARLIE PARKER JR. D/B/A JUST FOR KIDS, FROM SEPTEMBER 30, 2007 TO SEPTEMBER 30, 2008, PURSUANT TO RESOLUTION NO. 06-0325, ADOPTED MAY 25, 2006, TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE MICRO -ENTERPRISE ASSISTANCE GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID ENTITY, FOR SAID PURPOSE. City ofMiami Page 64 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 08-00349 Legislation.pdf 08-00349 Exhibit .pdf 08-00349 Exhibit2.pdf 08-00349 Summary Form.pdf 08-00349 Public Notice.pdf 08-00349 Agreement.pdf 08-00349 Exhibit C.pdf 08-00349 Pre Legislation.pdf 08-00349 Text File Report.pdf 08-00349 Attachment A.pdf 08-00349 Letter.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0189 Chair Sanchez: Well take up PH 7. Alfredo Duran (Assistant Director, Community Development): PH 7 is a resolution requesting the extension of an existing contract with Just for Kids, Charlie Parker, Jr. It's a for profit business who is -- was approved back in -- Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Michelle Spence -Jones. It is a resolution requiring a public hearing. Anyone from the public wishing to address this Commission, please step forward. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for a vote. Discussion. Hearing -- Vice Chair Spence -Jones: No. I'm going to go ahead and vote on -- we already -- Chair Sanchez: Okay. No discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Okay. Ladies and gentlemen -- Vice Chair Spence -Jones: Mr. Chairman, I don't have a discussion on the item, but I do have a comment to CD (Community Development). I just wanted to have -- get a update from you guys regarding the issue -- I know I only have a certain amount of monies left in my CD account; one -- some of it we gave to FANM (Fanm Ayisyen Nan Miyami, Inc.), and some of it we're giving to Sundari. My next question is, I know that there was an issue around JESCA (James E. Scott Community Association) and my seniors feeding program. I just want you to put on record -- or at least give me some sort of update because the seniors are in dire need of having the resources for their meals. Mr. Duran: Yes, Commissioner. The Department has been working with JESCA in addressing and resolving certain issues that arose from an independentA-133 audit on the organization. City ofMiami Page 65 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 They have been working closely with us in resolving these matters. They have resolved most of them. We're working with them to resolve them all. And they have, as a matter of fact, continued to feed those City ofMiami residents that have been assisted with our funds -- Vice Chair Spence -Jones: Yes. Mr. Duran: -- and so we're working with them, and hopefully, we can resolve these matters shortly. Vice Chair Spence -Jones: Okay. Thank you very much. I just want to make sure we're moving in that direction. City ofMiami Page 66 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 ORDINANCES - SECOND READINGS SR.1 08-00212 ORDINANCE Second Reading 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 FOR AN EFFECTIVE DATE. 08-00212 Legislation SR.pdf 08-00212 Summary Form SR.pdf 08-00212 Legislation FR.pdf 08-00212 Summary Form FR/SR.pdf 08-00212 Location Map FR/SR.pdf 08-00212 Type B Section FR/SR.pdf 08-00212 Memo FR/SR.pdf 08-00212 Notice of Public Hearing FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 12979 Stephanie Grindell (Director, Public Works): Stephanie -- Chair Sanchez: All right. SR.1. Ms. Grindell: -- Grindell, director of Public Works. SR.1. is an ordinance amending the base building line of North and Southwest North River Drive, between Northwest 3rd and 5th Streets - - I'm sorry, between Southwest 3rd Sfreet and Northwest 5th Sfreet, from 60 feet to 50 feet. Chair Sanchez: Okay. Is there a motion? Commissioner Gonzalez: I move it. Commissioner Sarnoff Second. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. It's an ordinance on second reading. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. For the record, the public meeting was opened and closed; coming back to the Commission for a discussion. Hearing no discussion on this ordinance, Madam Attorney, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. City ofMiami Page 67 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 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, 5/0. SR.2 08-00229 ORDINANCE Second 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 SR .pdf 08-00229 Summary Form SR.pdf 08-00229 Sec. 54-137 FR/SR.pdf 08-00229 Legislation FR.pdf 08-00229 Summary Form FR.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, Samoff, Sanchez, Regalado and Spence -Jones 12980 Chair Sanchez: All right. Sunsetting of some of these boards, that's SR.2. It's an ordinance on second reading and -- Commissioner Gonzalez: Move SR. 2. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. It is an ordinance on second reading. Anyone from the public wishing to address this item? The public hearing is opened. Seeing no one, the public hearing is closed, coming back to the Commission. No discussion on the item. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Okay. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.3 08-00228 ORDINANCE Second Reading City ofMiami Page 68 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION SUNSETTING THE COMMITTEE ON BEAUTIFICATION AND ENVIRONMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00228 Legislation SR.pdf 08-00228 Summary Form SR.pdf 08-00228 Legislation FR.pdf 08-00228 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12981 Chair Sanchez: All right. SR.3. SR.3 is an ordinance on second reading. It's also sunsetting the committee of Beautification and Environment. Commissioner Gonzalez: Move SR.3. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by Vice Chair Spence -Jones. It is an ordinance on second reading. Anyone from the public wishing to address this item, please step forward and be recognized. Mariano, always a pleasure to see you. You're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. I don't bring any -- I just seeing that - - and you know, that should be sunsetting a long time ago because some of these committee, they nominate people. My wife was nominated. You know, she's raising grandchildren. She doesn't have time to go to anyplace out there. The little grandchildren and grandchild -- Megan is 18 months, so she's there busy with her. She doesn't have time to go to a committee or go to the street and drive. That's good for other people. Who appoint her to the committee? That's what is going on. And one thing I got to say today, I -- Commissioner Gonzalez -- I called Commissioner Gonzalez. He got his voicemail; he called me back right away, and it's Commissioner Gonzalez. I call some department in here three times. I give them my house phone, two cell phones; they never call me back. IfI call a department in here, it's because I got something important, a complaint. And I reside in the City 45 years in the City; since 1963 I been in the City. I don't go to -- I could go to Pinecrest like by my family; Palmetto Bay, Coral Gables, everything. I have enough wherewithal to go there, butt stay in Allapattah because that's where the action is. Chair Sanchez: That's where the action is. Mr. Cruz: Right. You -- my brother live in Kendall. He always asking me what happened. You live Kendall; that's a -- how you call it? -- very clean place. You know Reuben. Chair Sanchez: Yeah. I -- Mr. Cruz: He live there. He's always calling me, what happened. No. I live there, Allapattah. City ofMiami Page 69 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 SR.4 08-00240 Department of Community Development I go there to 17th Avenue to the mall, go La Mia, that's the mall there. (UNINTELLIGIBLE) look at me here. What do I got here? I go tonight to a meeting (UNINTELLIGIBLE). Chair Sanchez: All right. Mr. Cruz: That's what it is, but -- Chair Sanchez: Thank you. Mr. Cruz: -- I'm not going to say names, but (UNINTELLIGIBLE) I call people; leave with the PBX (Private Branch Exchange) call -- I call the number line because I know how to get -- I know all -- everybody line here. They don't call me back. Why? (UNINTELLIGIBLE) public servant is a public servant; otherwise, leave. Also, one thing. I am soon to be retiring 'cause now I'm not retired. I want to be a double-dipper too, like many people, a double-dipper, so we'll see what you -- Chair Sanchez: All right. Mr. Cruz: -- put me someplace there. Chair Sanchez: Thank you. The public hearing is closed, coming back to the Commission. We are on SR.3. All right. Madam Attorney -- no discussion from the Commission -- read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance is adopted on second reading, 4/0. Chair Sanchez: All right. ORDINANCE Second 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. City ofMiami Page 70 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 08-00240 Legislation SR.pdf 08-00240 Summary Form SR.pdf 08-00240 Legislation FR.pdf 08-00240 Summary Form FR/SR.pdf 08-00240 Ordinance FR/SR.pdf 08-00240 Resolution FR/SR.pdf 08-00240 Program Policy FR/SR.pdf 08-00240 Annual Report FR/SR.pdf 08-00240 Abolition of Board FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 12982 Direction by Chair Sanchez to the City Manager to have a board member from the Little Havana Homeownership Advisory Board, which will be abolished pursuant to Ordinance 12982, come before the City Commission on a quarterly calendar basis to provide an update on its expenditure offunds and a status report on all outstanding projects. Chair Sanchez: All right. SR.4 is an ordinance also on second reading. This ordinance pertain to abolishing the Little Havana Homeownership Advisory Board. Is there a motion? Commissioner Sarnoff So move. Chair Sanchez: There's a -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by the Vice Chair. It is an ordinance on second reading. Before discussion, it is open to the public. 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 on discussion. On discussion on that item, it requires a four fifth vote. The only thing that would ask, Mr. City Manager -- Mr. City Manager. Pedro G. Hernandez (City Manager): I'm sorry. Chair Sanchez: On SR.4, the only thing thatl am requesting is that someone from the board, selected by the board, which has been abolished or will be sunset, will come forth to the Commission on a quarterly calendar and provide an update on the expenditures offunds and the projects and where they're at. I think it's important basically that we allocated those funds that we know exactly how those funds are being used because now we just can't break away, and we need to follow up on that. That's -- after all, it's tax dollars -- Mr. Hernandez: Commissioner, I'll be glad -- Chair Sanchez: -- taxpayers' dollars. Mr. Hernandez: -- to set that up so you have the progress reports. Chair Sanchez: Okay. All right. So, Madam Attorney, read the ordinance into the record, followed by a roll call. City ofMiami Page 71 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 SR.5 07-01371A District 5- Vice Chair Michelle Spence -Jones The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Before we -- I'm sorry, before we go on the roll call, let me just put on the record I have here on my notes that the board did pass a resolution at the final meeting. And they're basically going to be ask -- they will be coming in -- or asking to come in front of the Commission to give us a quarterly update on the progress of Latin Q, Via Teafro Marti, and the down payment assistance and other projects funded by the board. So they will be doing that quarterly. All right. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USE REGULATIONS," MORE PARTICULARLY BE CREATING A NEW SECTION ENTITLED "NAMING RIGHTS," TO ESTABLISH UNIFORM CITY OF MIAMI ("CITY") POLICIES FOR THE DESIGNATION AND NAMING OF CERTAIN BUILDINGS IN CITY OF MIAMI PARKS WITHIN THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 07-01371 a Legislation FR/SR.pdf 07-01371a Legislation FR.pdf 07-01371A-Submittal-Article FR.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, Samoff, Sanchez, Regalado and Spence -Jones 12986 Chair Sanchez: Okay. Let's take up the next item on the agenda, and that would be the naming right [sic]. That's SR.5. It's also an ordinance on -- Commissioner Gonzalez: I'll move it. Chair Sanchez: I'm sorry. It's an ordinance on second reading. Commissioner Gonzalez: I'll move SR.5. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: SR.5, there's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. That is the naming right [sic]. It is an ordinance on second reading. It does require a public hearing. Anyone from the public wishing to address this item, please step forward. Mariano Cruz: (INAUDIBLE). Chair Sanchez: No. No, no. City ofMiami Page 72 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: No. (INAUDIBLE) Chair Sanchez: We passed that one. We did that one. You're -- of course you're in support of that. Mr. Cruz: (INAUDIBLE). Chair Sanchez: There you go. All right, naming rights. "[Later...]" Chair Sanchez: Okay. Naming rights. Judith Sandoval: Okay, naming rights. Chair Sanchez: That's SR.5. Ms. Sandoval: We have to be very careful about this, and I want to know -- I haven't seen the whole decisions that are being made and how this is going to be established. And I hope that the advertising community is not able to run off with this like they ran off with the mural ordinance. So I think this has to be watched very carefully. It has been done very successfully in other cities. The City can make a great deal of money on this. One of the things this should not be in perpetuity. They should get naming rights for a specific amount of time, and I would like to suggest -- I understand that this is a committee being formed by the City Manager to consider this. It should be opened to the public, and what would like to suggest is that think among you on the Commission, the one person who knows the most about advertising and has a great deal of experience is Commissioner Regalado. And I would like to see a committee headed by Mr. Regalado to consider this, and I think that the size and character of the credits given to any advertiser should be very controlled. And in great cities, in great parks in great cities -- and we're all aspiring to that. We heard a lot about it today in reference to Grapeland and other places -- that these announcements, these names should be very small on bronze plaques. And like they put names of people -- I don't know how much it cost to have your name on a brick at the PAC (Performing Arts Center), but not much bigger than that. And that is what is done in other cities. Now, there is a city in Australia -- Steve Hagan wrote to me yesterday about this, and I think sent copies to you -- where Microsoft sponsored an arbor. Chair Sanchez: In conclusion, Judy. Ms. Sandoval: In conclusion, they got $300, 000 for doing that for three years, and all they got was a small plaque. I think that's the kind of bargain we should be getting here, and I really hope you seriously put Mr. Regalado on top of this issue. Chair Sanchez: Thank you -- Ms. Sandoval: Thank you. Chair Sanchez: -- very much. All right. Anyone else in the naming rights? That is SR.5. It's an ordinance on second reading. We went through first reading. The public hearing is closed; coming back to the Commission. Any discussion on that item? Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. I do think that the public needs to participate, and I think that this is the right thing for the Parks committee, the new Parks committee to discuss. Not to just rubber stamp the decision that someone will make in terms of selling, but to have the -- to give the public the opportunity to discuss each park area, and I think City ofMiami Page 73 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 it is important that everything is done in a public forum. I do think there is a lot of money. I do think that Judy is right, that this cannot be sold at perpetuity; that this should have contracts that last maybe two or three years because, you know, you buy some -- and I still want to understand what is a regional park, and I still want to understand if this include all parks or some parks? Julie O. Bru (City Attorney): Commissioner Regalado, the ordinance that is in my packet includes all parks. Commissioner Regalado: Well -- Commissioner Sarnoff No, no, no, no, no. Ms. Bru: I think -- Commissioner Regalado: -- the first -- no. The first time -- Commissioner Sarnoff Regional parks. Commissioner Regalado: -- we were told regional park -- Commissioner Sarnoff Right. Commissioner Regalado: -- and so I kept asking what is a regional park and no one would tell me. So now it's changed. I don't know who change it, but -- Commissioner Sarnoff There's a change to this? Commissioner Regalado: Huh? Commissioner Sarnoff There's a change to this? Chair Sanchez: I think it's still in the regional parks. Vice Chair Spence -Jones: Can we get -- Commissioner Sarnoff Is there a change this? Vice Chair Spence -Jones: -- clarity on that issue? Pedro G. Hernandez (City Manager): Commissioners, I understand that when it first came up when it was first discussed that it was regional -- Commissioner Sarnoff Right. Mr. Hernandez: -- but then I believe that as a result of the discussion on first reading, it was changed -- Vice Chair Spence -Jones: Yes. You asked -- Mr. Hernandez: -- I believe to all parks -- Vice Chair Spence -Jones: -- for the change. Mr. Hernandez: -- with the understanding that every one of those cases has to come back to the City Commission for you to approve -- City ofMiami Page 74 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: For us to put on anyway. Mr. Hernandez: -- so if you have a park that is not regional but has a special use or a special benefit or attraction, it would have to come to you in any event for your approval. Chair Sanchez: As long as it comes back to this Commission, I don't have a problem with it. All right. So -- Commissioner Regalado: Okay. Chair Sanchez: -- the ordinance has been amended on second reading, with the language that it includes all parks, but it must come back to this Commission for approval of whatever it may be, sponsorship, naming rights, whatever the issue is. Mr. Hernandez: In every case. Chair Sanchez: Okay. Any further discussion on the item? Commissioner Regalado: IfI may, Mr. Chairman, I would like to -- Chair Sanchez: You're recognized for the record. Commissioner Regalado: -- amend the second reading by stating that this -- each of these parks that are being considered should go before the Parks committee for a public hearing before it comes to the City Commission for approval, so we can have the recommendation of the Parks committee. Chair Sanchez: Doesn't it do that automatically? Commissioner Regalado: Huh? Chair Sanchez: It does. Doesn't it do that? Ernest Burkeen: Ernest Burkeen, director of Parks -- Chair Sanchez: Doesn't go in front of the Park -- Mr. Burkeen: -- and Recreation. Chair Sanchez: -- Board? Mr. Burkeen: We would automatically take it to the Parks Advisory Board -- Vice Chair Spence -Jones: And then you guys'll bring it to us. Mr. Burkeen: -- and have them -- Commissioner Sarnoff Is it in the ordinance that way? Commissioner Regalado: No, it's not in the ordinance. Mr. Burkeen: It's not in the ordinance, no. Commissioner Regalado: Well, then, you need to put it. City ofMiami Page 75 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Burkeen: But as a matter -- you can -- as a matter of policy -- Chair Sanchez: It doesn't -- we need to pass policy. It's not you need to put it; it's we need to pass policy. Commissioner Regalado: But you need to write it in the ordinance. It's -- Vice Chair Spence -Jones: So do you want to just amend this to include that the -- Mr. Burkeen: I mean, you can, but -- Vice Chair Spence -Jones: -- step would be to take it to the Park Advisory Board, and then the Park Advisory Board brings it to the Commission for final -- Commissioner Regalado: To recommend to the City Commission -- Mr. Burkeen: The Park Advisory Board would make a recommendation to the Commission. Commissioner Regalado: Right. Vice Chair Spence -Jones: Okay. So just amend it to include that. Commissioner Regalado: So it needs to be include in the language. Ms. Bru: It's not in the language now, so we will revise it to provide for that. Commissioner Gonzalez: The maker of the motion accepts the amendment to be included in the ordinance. Chair Sanchez: All right. So there's a motion and a second. This is an ordinance on second reading, as amended. Once again, I did open it up to the public, and I closed the public hearing. Madam Attorney, read the ordinance into the record, as amended, followed by a roll call. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Sarnoff? Commissioner Sarnoff You know, I was going to vote no on this, but with the amended language, I'm going to vote yes because I think this needs to be vetted in front of some citizen board, and I know it needs to come back to this Commission; and we're passing a lot of commercialization of the City ofMiami, and this is part of it because we're passing a mural ordinance -- we passed one, so I just want to take note this could be a slope that we need to be careful of. It can be tasteful, but it can also be untasteful or non -tasteful; so my vote is yes. Chair Sanchez: All right. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. City ofMiami Page 76 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been adopted as modified on second reading, 5/0. "[Later...]" Chair Sanchez: You guys want to skip over to FR.1 ? Try to get some of the noncontroversial and then start addressing some of the confroversials [sic], or do you want to do the naming --? You think the naming rights going to be controversial? Vice Chair Spence -Jones: It's not controversial for me. I mean, is it controversial for anyone else? Commissioner Regalado: I have -- I would like to have an amendment. Chair Sanchez: On that one? All right. We'll bring that one back. SR.6 07-00937a ORDINANCE Second 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 SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 07-00937a Legislation V3.pdf 07-00937a Summary Form V3.pdf 07-00937a Exhibit V3.pdf 07-00937a Exhibit2 V3.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 12983 Chair Sanchez: But let's go ahead -- let's do the murals ordinance. Let's get that one out of the way. So let's go ahead with the murals ordinance. All right. Come on. Let's go. Unidentified Speaker: Come on, Pieter. Let's go. City ofMiami Page 77 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: All right. For the record, all the Commissioners are here. The order of the day is the agenda that's in front of us, and we are now on SR.6, which is the murals regulations. Sorry. You're recognized for the record. Pieter Bockweg (Assistant to Senior Director): Pieter Bockweg, Planning -- Building, Planning & Zoning. This is an ordinance amending Chapter 62 of the Code of the City ofMiami, entitled "Zoning and Planning, " to create a new Article 13 consisting of Section 6201 through definitions of -- entitled `Mural Regulations," creating definitions, providing a selection criteria, Class I Permit requirements, providing for an application approval process, providing for violations and enforcement process; containing a severability clause, and providing for an effective date. Chair Sanchez: All right. Why don't we --? How do you want to handle this? You want to let - -? Who's going to be speaking from the industry? I mean, there shouldn't be much said. I mean, there's been agreements made, but I'm sure there's some issues that someone may want to bring up. All right. Anyone from the industry wishing to address the Commission? Let's go. No one from the industry? 'Cause we'll close it quick. Lucia Dougherty: Mr. Chairman, members of the Commission, Lucia Dougherty, with offices at 1221 Brickell Avenue. We are here on behalf of several members of the industry and in support of the ordinance as written. I understand that Commissioner Spence -Jones may want to change the disadvantaged business enterprises to ten percent. We are fine with that. We would also be fine with Dade County administering it because if Dade County doesn't administer it, we're going to need more time to comply. But anyway, we would -- we are in support of this ordinance. Chair Sanchez: All right. Ms. Dougherty: Thank you. Chair Sanchez: Anyone else wishing to speak, please step forward and be recognized. Manny Prieguez: Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Florida, Miami, Florida. I had spoken to some of the Commissioners earlier in the last couple of weeks and the Administration about making a recommendation for a -- an amendment today. But I'm going to withdraw that recommendation and ask you to support the ordinance as is. Thank you. Ben Fernandez: Good afternoon, Commissioners. Ben Fernandez, 200 South Biscayne Boulevard. I only want to point out a -- what believe is a inadvertent omission from page 8 of the ordinance, 62-606, paragraph (b), entitled "Zoning Districts." I believe that SD-6.1 should be added to that list of zoning districts under that paragraph. That would be my only comment. I've discussed this with your City Attorney, and CityAttorney's in agreement, so I would ask that you support the ordinance as well. Chair Sanchez: All right. Thank you. Mr. Fernandez: Thank you. Chair Sanchez: Next speaker. Rosario Kennedy: Rosario Kennedy, with offices at 2645 South Bayshore Drive, for (UNINTELLIGIBLE) to say that we also are in support with your ordinance and the ten percent for the small businesses. Barbara Bisno: Good afternoon. My name is Barbara Bisno. I'm president of the Venetian City ofMiami Page 78 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Causeway Neighborhood Alliance. And I would appreciate it -- several people who spoke with amendments in fa -- that citizens may wish to add to the ordinance can't be here today; Judy Sandoval is, and I -- if you would be a little -- give me a few minutes more than two minutes, I'm going to be as fast as I can. I appreciate it. There's really four or five items that -- and I haven't had the opportunity to talk to the City Attorney, as apparently, industry people have, butt would suggest some amendments. I understand that the Administration has agreed and the industry has agreed that no out town -- outside advertising -- outdoor advertising on buildings will face a residential. Chair Sanchez: That's been agreed on. Ms. Bisno: Yes. But the language in the ordinance does not provide for a certain situation. What it does provide is if there's windows covered on a commercial building, it can't be directly facing a residential unit. It does provide that on a wall of a parking pedestal, it can't be directly facing a residential unit, and there can't be any murals on a residential -- covering a residential unit itself. What it doesn't provide for is a commercial building that has a wall that's above the pedestal; no windows, just a wall on a commercial building. There's no prohibition that that will face a residential unit, and our suggestion would be that at the end of the definition of wall, a simple statement, no mural shall directly face a residential unit so that there's no question. As to the schedule, which we have been told had to be so that they could get their year, it's mind -boggling, and certainly, citizens will have a very difficult time keeping up because we get no notice of when an application is put in. And ifI could, through the Chair, ask the City Manager if a resident does learn of a application for outdoor advertising on a building and we believe that it does not meet the regulations, what do we do? Who do we go to to tell? And if -- I assume -- Chair Sanchez: That's a very valid question. I think it needs to be answered by the Administration. Pedro G. Hernandez (City Manager): I think in a case like that, the concern should be coming directly to my office or Zoning, through Orlando Toledo or Pieter Bockweg. Ms. Bisno: Okay. So it comes to you or to Zoning? Mr. Hernandez: Right. And Ms. Bisno, I think that -- I understand your concern on the notice, but we're dealing with a pilot after all. And I think that we have enough regulations in the ordinance to be able to govern it, and hopefully, through this one year, we'll be able to learn enough -- Ms. Bisno: Yes. I know. Mr. Hernandez: -- to see ifwe need to do any amendments or modifications. Ms. Bisno: Well, City Manager, I have said often from this podium that I know you are frying to reach a compromise that will meet the citizens' needs as well as the industry's needs, but it is a pilot, and from our point of view, that's why it's very important that the citizen input is part of the pilot. You -- we have been told that Class I Permit regulations will apply, which, in our view, are totally inappropriate. It's not a temporary banner. This is a permanent outdoor advertising sign and Class I does not apply. Therefore, we respectfully request that it (UNINTELLIGIBLE) be a Class II Permit, which would meet the definitions properly under the City Code and would require notice. Chair Sanchez: Thank you, Barbara. Ms. Bisno: Okay. That's point two. I'm sorry, I thought -- said I'd go -- City ofMiami Page 79 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: I'm -- Ms. Bisno: This was to get an answer from the Chair -- through the Chair. The -- again -- and when we were here in the first reading, we asked about this 10,000-square-foot size for an outdoor advertising sign. And I asked, "Is that what those big signs on Biscayne, is that 10,000 square feet?" And no answer was really put on the record. And if you would, through the Chair, could we --? Commissioner Sarnoff Bockweg did. Bockweg gave you an answer. Ms. Bisno: Pardon? Commissioner Sarnoff You gave her an answer. Ms. Bisno: Who gave an answer? Commissioner Sarnoff Pieter Bockweg did. Mr. Bockweg: Yeah. That answer was raised on the March 24 question regarding -- Ms. Bisno: Right. Mr. Bockweg: -- two signs, one on Biscayne, and I believe that was -- 5,000 square feet was the answer that we gave you. Ms. Bisno: Well, I'm sorry, then. I didn't catch that. So what we're allowing now, is that the Cadillac sign that you're talking about on Biscayne? Mr. Bockweg: I believe so, yes. Ms. Bisno: Mr. Toledo is answering yes. Mr. Bockweg: Yes. Ms. Bisno: So what we're allowing is twice the size of the largest sign that occurs today? Mr. Bockweg: The size of the wall will determine the size of the mural, and they can only cover 80 percent of the wall. Ms. Bisno: Granted. But the point is that we are giving to the industry twice the size of the largest sign we have now. We would respectfully request that that be amended to back down to 5,000, which is the largest sign we have today. We would strongly support at least ten percent on the small business enterprise. It would be great if it went back up to 15 percent. And that'll do it, sir. Thank you so much. Chair Sanchez: Thank you so much. Next speaker. Mr. Hernandez: Mr. Chairman, it's important to put on the record the fact that the ones that we had -- either have or had out there are in the range of 8, 000, and maybe a couple at 10,000. Chair Sanchez: Yeah. Mr. Bockweg: Right. There are -- the 5,000-square-foot sign is not the largest that we have in the City today. There are a number out there that are 8,000 square feet, and a couple even City ofMiami Page 80 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 10,000 square feet. Ms. Bisno: Could you tell me where the 10,000-square-foot sign is? Mr. Bockweg: I believe, the -- well, the 8,000 one for sure is the one by Jackson Hospital, and the four -- the $10, 000 -- the 10,000 square foot is 100 Biscayne Boulevard. Ms. Bisno: Since, out of the 35, they said there's two that reach that, we would respectfully request there would be a limit on the hundred -- on the 10,000 square feet signs. Thank you. Chair Sanchez: Thank you. Next speaker. Jaron Freeman: Hi. My name's Jaron Freeman, and --1350 Northwest 8th Court. And I think that this ordinance is a little bit bogus because I think it's violating my first amendment as a small business owner. And it is not allowing me to do whatl need to get done. Thank you. Chair Sanchez: Thank you. Next speaker. Sean McCormick: Good afternoon. Sean McCormick, with McCormick Place, at 111 Southwest 3rd Street. First off I want to thank the City Commission, also the City staff for putting in a lot of hard work into this mural ordinance. It's been a long time in coming, and we appreciate it. However, we do have one slight problem with it as a property owner. And to give you a little bit of backdrop that we have a property right in downtown as you get off the expressway ramps near the City building, and we're a C class office building, who has really suffered along in probably the last 15 or 20 years with what's been happening in downtown Miami. Our rents that we're able to achieve in that property are anywhere from 12 to $15 a foot, if we're lucky to find a tenant. Since we've been doing muraling [sic], we've actually been able to attract tenants at those rates. However, we're still subsidizing because it costs us about $22 a square foot to run the property, with property taxes and insurances and mortgage payments being as high as they are. So we respectfully ask that -- you know, ever since this economy has changed, that the -- our tenant base, we've had to reduce tenant sizes and their offices, we've also lost some tenants; and so it's even become more important for us to have these murals. I respectfully ask that part of the ordinance that talks about a wall only being able to be covered 33 percent with windows be changed to at least 60 percent and/or to have somebody who has these murals with windows to be grandfathered in, due to the fact that basically it would just diminish our wall to -- the value of our wall so tremendously thatl don't even know if we could continue to be in the -- be involved with wall murals. And so I'd respectfully ask is this something that we could do? Chair Sanchez: OK. Anyone else wishing to address this Commission? Judy, you'll try to keep it at two minutes, right? Judith Sandoval: Oh, no, I (UNINTELLIGIBLE). You don't mind, do you? Chair Sanchez: I do mind. Ms. Sandoval: I know. Chair Sanchez: Two minutes -- Vice Chair Spence -Jones: Commissioner San -- Chair Sanchez: -- is enough. Mr. McCormick: I'm sorry, Commissioner. City ofMiami Page 81 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: He was just waiting -- Mr. McCormick: I didn't hear an answer -- Vice Chair Spence -Jones: -- for a response from some -- Mr. McCormick: -- to my question. Is this something that we can amend --? Chair Sanchez: The Commission will take it under advisement, and then when we open it up for discussion, it might be an issue that one of the Commissioners may bring up. I don't think you're going to get an answer now from -- Mr. McCormick: Okay. Chair Sanchez: -- the Commission. Mr. McCormick: Thank you very much. Chair Sanchez: Thank you. Judy, you're recognized for three minutes. Ms. Sandoval: Thank you. Chair Sanchez: Thank you. Ms. Sandoval: Judy Sandoval, 2536 Southwest 25th Terrace. I simply wanted to refer to the first paragraph where it used to be that the proceeds -- part of the proceeds would go to arts, parks, and cultural things; and now all of the money is ever -- evidently going to promote the quality of life. That is too vague. It should be as it was originally because who's to determine what the quality of life is? And I think, in consideration of the legalities or the priorities of the City, that we have hard enough time raising money for those things. So if you would change that back, please. Thank you. Chair Sanchez: Thank you. Commissioner Sarnoff Judy, just so you know, it's under legal advice that we're leaving it vague. Chair Sanchez: Yeah. Commissioner Sarnoff It's not our choice, but we're just taking advice of counsel. Ms. Sandoval: Okay. Commissioner Sarnoff I mean, I hear what you're saying, and I think every Commissioner in the back of their mind is going to, I think, keep in the back of our minds that -- exactly the apportionment that we had envisioned, but to put it in the ordinance will be a problem, we're told. Ms. Sandoval: Oh. Well, you're a lawyer, too, so (UNINTELLIGIBLE) lawyers (UNINTELLIGIBLE) lawyers. Chair Sanchez: All right. Ms. Sandoval: Thank you. City ofMiami Page 82 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Thank you. Is there anyone else from the public wishing to address this item? It is an ordinance on second reading. Anyone else from the public? All right. At this time, the public hearing is closed, and it comes to the Commission. Commissioner Sarnoff, you're recognized on the item. Commissioner Sarnoff Yeah. I'd like to -- a motion to approve the ordinance as stated. Chair Sanchez: All right. Is there a second? Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: All right. The -- there's -- the maker of the motion is Commissioner Sarnoff, second has been made by the Vice Chair. The item is under discussion. Mr. City Manager -- Mr. Hernandez: Mr. Chairman, I just wanted to -- Chair Sanchez: -- you're recognized for the record. Mr. Hernandez: -- clarify that, you know, since first reading, we have incorporated into the ordinance the changes that you approved in first reading, and then a series of I would say, housekeeping items, plus other elements that were added. And I want to confirm with Commissioner Sarnoff that the -- what we're talking about is the final substitute that incorporates all those changes. Commissioner Sarnoff Yeah. My motion should reflect the ordinance as presented today with those changes. A number of the dates were impossible to figure out until we knew exactly when - Chair Sanchez: But that's been taken care of. Commissioner Sarnoff It has. The bottom line is this will be a mural free city for 45 days -- Mr. Hernandez: Yes, it will be. Commissioner Sarnoff -- which is what we were looking for. Chair Sanchez: All right. Commiss -- Vice Chair Spence -Jones, then Commissioner Regalado. Mr. Fernandez: I'm sorry, Mr. Chair. A point of clarification. Chair Sanchez: Public hearing is closed. Mr. Fernandez: I did mention that one clarification. I just wanted it to be noted for the record. Chair Sanchez: Public hearing is closed, sir. The public hearing is closed, unless you have a question from one of the Commissioners. Mr. Fernandez: I would have a question. Chair Sanchez: All right. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Oh, okay. I thought he had a question. I just wanted to be clear on -- I know that there were some issues and some concerns around the percentages that would be set aside for small businesses in this. I'm hearing from the industry -- and we've heard from the industry that they're fine with us going to at least the ten percent. I just want to see by a show of City ofMiami Page 83 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 hand [sic] from the industry -- because I'm hearing back and forth yes and no -- by a show of hands, do we have the support to do at least ten percent for the businesses -- small businesses? By a show of hands. Okay. So if the industry's fine with it -- and by a show of hands from my residents for the ten percent -- the only resident that actually came -- two residents that came out for the small businesses. We fruly appreciate that. I just wanted to make sure that it's reflected with the City Manager that ten percent of this would be identified for small businesses in the City ofMiami. Mr. Hernandez: Right, so that would be an amendment to the one -- Chair Sanchez: You would -- Mr. Hernandez: -- you have before you now. Chair Sanchez: Vice Chair -- Vice Chair Spence -Jones: Yes, sir. Chair Sanchez: -- that is not in the ordinance that's in front of us, and therefore, you would have to make an amendment, a friendly amendment to the ordinance. Vice Chair Spence -Jones: Okay. I'd like to make a friendly amendment to the ordinance to include ten percent going to small businesses. Chair Sanchez: All right. Madam Attorney, before she does that, could you proffer the correct language for the ordinance? Julie O. Bru (City Attorney): Well, the language is in the ordinance, andl can read the clause, but -- Chair Sanchez: Read -- Ms. Bru: -- right now it reflects 15 percent, so we're change -- Chair Sanchez: Just to change it to ten percent. Ms. Bru: -- changing it to ten percent. Chair Sanchez: All right. Is there -- Ms. Bru: Everything else remains the -- Chair Sanchez: -- a second? And does the maker of the motion accept the friendly amendment? Commissioner Sarnoff I accept it. Chair Sanchez: All right. So the amendment has been added to the ordinance. Any further discussion on this? Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. I'm curious, Madam City Attorney. The funds were to be used, a certain part, for social services, the rest for parks, and now I just heard that, under your advice, it has to be for quality of life. Well, back in 1965, the Congress of the United States adopted the Lady Bird Act, which, in fact, was an effort for green space and parks throughout the United States and to regulate billboards and any outdoor advertising. So help me understand, why would we be challenged if we designate the money for parks and not City ofMiami Page 84 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 challenged if we designate the money for quality of life, which could be more police? Ms. Bru: Commissioner, what did between first and second was just simply deal with some of the issues that would have posed a problem with respect to State constitutional requirements that govern what authority local governments have to raise revenue. The scheme that you have before you that you're getting ready to vote on is a regulatory scheme. And it is permissible, both under the first amendment, federal constitution and under State law, to charge fees that are commensurate with the cost of the regulation, which is what you're doing here. And because we're dealing with an issue that does involve aesthetics and quality of life, courts have recognized that it's appropriate to use some of the funds to defray the visual clutter, the blight that is created by the signs and the murals and so forth and so on. So it is appropriate to use some of those funds for mitigation such as things that involve, perhaps, open space, maintenance of parks, you know, sort of to give the individual citizen a reprieve, a little bit of rest from perhaps the visual clutter that would be caused by these signs or murals and so forth and so on. But we can't use that money for purposes of funding just general operating revenue expenses. Commissioner Regalado: So if the State were to be watching us, we won't be able to spend that money citywide, but we have to spend it around the area that is locked with the outdoor advertising in order to satisfy what you just said. Is that a correct assessment? Ms. Bru: There has to be a rational relationship, a reasonable fit between the cost of regulating the activity and those funds and how you're using it. Obviously, clearly it's permissible to fund the cost of the staff that's going to review the applications, inspect the signs or the murals, and to the extent that some of those funds would be available to, in some way, in a very rational and reasonable way, go towards mitigating any blight that might be created or visual clutter, then, yes, and I don't know how far it can extend; if it has to be in the immediate area. Those are things that we can deal with on a case -by -case basis. Commissioner Regalado: Did your office had time to review the letter from the State, the letter that -- they didn't --? Ms. Bru: Yes, Commissioner. I reviewed it, thanks to the fact that you brought it to my attention, quite frankly. Commissioner Regalado: And that was my point. Ms. Bru: Yes. Commissioner Regalado: My point was that the City Attorney of the City ofMiami did not have the letter sent by the State of Florida, FDOT (Florida Department of Transportation), to the City ofMiami, which is -- Ms. Bru: Commissioner, it could very well have been, since there's been a transition in my office, that perhaps the prior attorney had knowledge of that. I'm frying to catch up with things. Butl thank you for having brought it to my attention, and we've looked at the issue. Commissioner Regalado: And it's okay because most of the area is surrounded by state or federal -- Ms. Bru: Yeah. Well, there's -- Commissioner Regalado: -- roads. Ms. Bru: -- obviously a dispute, perhaps, if you want to refer to it as a dispute, between the way that FDOT, under its rule -making authority, is interpreting the Florida chapter that has City ofMiami Page 85 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 authorized us to regulate these wall murals and the way that we are interpreting, and that will be resolved eventually through either an administrative process or at the judicial level. Commissioner Regalado: So are we going to be sued or are we suing FDOT? Ms. Bru: I don't think that the way we're proceeding right now exposes us to any liability currently. We are -- we have a reasonable interpretation of the Florida chapter that authorizes us to regulate this activity. Commissioner Regalado: Okay. The last question that have is -- and this is for the Manager, and maybe you too. IfI have a building or somebody has a building within the area and they want to sell condos in that building and they want to advertise -- Chair Sanchez: Want to sell what? Commissioner Regalado: -- those condos, is that a mural? Ms. Bru: That's what's called an on -site sign in our sign code, and there's a different regulatory scheme that governs that. It wouldn't be the same size as what's being permitted under the mural ordinance, but there are regulations that govern on -site signage in the City, and the Administration can give you the details about that. Mr. Hernandez: Commissioner, it's a -- it would be a Class I special event sign that they have -- Mr. Bockweg: They have two 2-week periods. Commissioner Regalado: Yeah, I understand that. But what I'm trying to find out is ifI or somebody else wants to advertise, I cannot compete with established companies to have a sign as bigger as theirs; is that correct? Mr. Hernandez: Well, the sign that you would be installing would be governed under different rules, which is this Class I special event that you can do twice a year. The -- I don't think the size -- Commissioner Regalado: But it doesn't deal with size? Mr. Hernandez: Orlando, can you respond to that? Orlando Toledo: Senior director of Building, Planning and Zoning. I think, Commissioner, what you're frying to say is if there's a condo that wants to go ahead and sell units, what type of sign are they going to be allowed? As Julie and the Manager said, the way that the Zoning Code allows it, it gives you a certain allowed square footage that you could actually put the sign. You have to differ what that does and what the mural ordinance does. The mural ordinance only gives you 15 percent of actual lettering, when the sign that you're going to be putting up to be able to sell these units actually are going to have more lettering than what the mural ordinance allows. So that's where -- Commissioner Regalado: Not necessarily, because I can paint the building and just put a phone number. Mr. Toledo: Yes, you can. Commissioner Regalado: And the other question that have -- and as you know, that you and I have discussed this, and it's something that pertains to District 4. If somebody wants to advertise something, some product, and they paint a mural, is that -- that sign that it's been there, would it City ofMiami Page 86 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 be grandfathered forever, or would it have to go through the new -- not the mural ordinance because it doesn't cover any area of District 4, but to -- within the framework of us raising the penalties for people with illegal murals, does it have to go back to you for a Class I Permit? Mr. Toledo: Commissioner, the only way -- Yes. They would have to go back to a Class I Permit, but you got to understand that the Class I Permit only allows you two times a year, two weeks each. So the most you're going to be able to have it up as a special event would be for four weeks, a month. Commissioner Regalado: So what do you think of the entrance to the City ofMiami? Mr. Toledo: Which one? Commissioner Regalado: On Coral Way. Mr. Toledo: Right now -- Commissioner Regalado: Yes. Mr. Toledo: -- as it stands, can't do it. Commissioner Regalado: But it's there. Mr. Toledo: What do you mean by the entrance? You mean the small monument sign? Commissioner Regalado: No, no, I mean the pawn shop giant mural. Mr. Toledo: That is something that we will send Code Enforcement out there and they would have to change it. They could advertise a certain amount of square footage because the property is being used as a pawn shop, but not as the size as you know that we're talking about. You're absolutely right. Commissioner Regalado: Well, that's what I'm trying to -- Mr. Toledo: Yes. Commissioner Regalado: -- understand because I have been frying to understand that for years and no one will -- Mr. Toledo: There are certain limits -- Commissioner Regalado: -- was able to -- Mr. Toledo: -- how big you could go, and we -- and that's not one. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Chair Sanchez: All right. I just have one question. This has always been about fairness. I think this Commission has focused on this because it was an industry that was way out of control. We did not have the proper mechanism in place or the teeth in place to bring regulations to it. This ordinance that has been in the making for many years, with the hard labor of the Administration, the Mayor, Commissioner Sarnoff and this Commission, I think has crafted a pilot program, which is only for a year, that has addressed all the concerns that allows us to start at a turn -- at a starting point. One question that have is that want you to walk me through the process of how the affidavit works and how the mural companies resolve its pending fines as to, you know, City ofMiami Page 87 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 when -- if they had fines in the past -- 'cause that's been a question that someone has always brought forward and said, you know, these companies violated in the past; they've cleared their name, they've gone through the special master and -- you know, walk me through that process so the people that are watching on TV (Television) know that the companies that are coming on board have to pay all their fines, have to pay the amount that they have to pay to start with a clear slate. Mr. Bockweg: As it states in the ordinance, the applications for the murals are due on May 6. From now until May 6, they can go to the Code Enforcement Board or a special master and pay all the fines that they are owed or penalties that they have related to putting up murals. They have to be -- the slate has to be clean, whether it's the City or County; any fines, liens or penalties that they have before the application comes in on May 6. Chair Sanchez: And if not, they can't participate. Mr. Bockweg: And if not, then that application is invalid and we won't accept it. Commissioner Sarnoff There's one more thing, the 45 days. Chair Sanchez: Right. Commissioner Sarnoff If they display within -- Mr. Bockweg: Right, but -- yes, absolutely. But the 45 days won't be calculated until time of permits because of the overlapping of the prequalification period and a qualified applicant. Commissioner Sarnoff Every wall -- every permittee has got to demonstrate that they have had no mural up for 45 days. In addition, one of the things you forgot to say was if you've been found to be in violation, you pay a $30, 000 permit fee versus a $10, 000 permit fee. So if you've been a violator, you pay three times the permitting fee. Mr. Bockweg: That's correct. Yes, you're right. Sorry. Commissioner Sarnoff Want to make sure you didn't wipe that out or anything. Mr. Bockweg: No. It's still in there, sir. Chair Sanchez: All right. No further discussion -- oh, Commissioner Gonzalez. Mr. Bockweg: Mr. Chairman. Chair Sanchez: Well, go ahead and finish -- Commissioner Gonzalez: Yeah. I -- Mr. Bockweg: One clarification is that -- Chair Sanchez: -- your answer. Mr. Bockweg: -- it's $30, 000 per application not per permit. Chair Sanchez: Right, 10,000 -- Commissioner Sarnoff Correct. City ofMiami Page 88 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: -- per. So it's three time -- so it's 30. Mr. Bockweg: Well, yeah, but it's -- Chair Sanchez: Or -- Mr. Bockweg: -- per the applications -- Chair Sanchez: Application. Mr. Bockweg: -- not per the permits. Commissioner Sarnoff That's correct. Chair Sanchez: All right. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: I do have a question for the City Attorney. Madam City Attorney, at the last -- at the first reading I had a concern about the legality of imposing whatever percent on these companies for minorities or for a small business or for whatever you want to call it. And I was told by the prior -- by the interim City Attorney, after a very long exercise frying to get a legal opinion, I was told that it was illegal; that it was unconstitutional. Today I ask you the same question. Is this constitutional or unconstitutional? Ms. Bru: The small business enterprise is a defined term that is used both by the federal government and by the County, and it's not -- we're not talking about minorities or women. We're talking about small business enterprise, and the definition goes to the volume of business, the number of employees, and that is permissible. It's permissible to regulate and to encourage and to actually mandate participation by small businesses. Commissioner Gonzalez: OK. My other question is who's going to be --? I understand that this is going to be worked throughout Miami -Dade County. Ms. Bru: You mean the location of the small business -- Commissioner Gonzalez: No. I mean the process of selecting these minority businesses. Ms. Bru: Well -- Vice Chair Spence -Jones: It's not minority businesses. Commissioner Gonzalez: Well, small business, whatever you want to call it; you know, whatever name you want to give to the thing. Ms. Bru: The way that that provision is included in our ordinance now, it's something that would have to be part of the proof that the applicant brings in in order to be able to participate in this lottery. The details of how it's going to be enforced, who's going to monitor it, what level of accuracy or oversight -- Commissioner Gonzalez: Let me make it easier. Who's going to select the small business? Mr. Bockweg: Commissioner, the -- on -- after the lottery date, we are submitting the applications to the County. The small business provision will be regulated or will be verified by the County 'cause in the County ordinance they have a provision that they need to review each application for 30 days. As far as the selection of the small business, we would leave that up to the industry. City ofMiami Page 89 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Gonzalez: It would be up to the industry? Mr. Bockweg: Well, there are certain criteria that enables somebody to be categorized as a small business, and they have to follow those criterias [sic] as set by the County, and they would have to follow that criteria. Mr. Hernandez: But the selection is theirs. Theirs -- Mr. Bockweg: Yes. Mr. Hernandez: They're the ones that proffer or provide the names of who they want to use. Mr. Bockweg: Right. Commissioner Gonzalez: So it would be up to them. Mr. Hernandez: Yes. Mr. Bockweg: Correct. Commissioner Gonzalez: The government won't be imposing on them. Mr. Hernandez: No, sir. Mr. Bockweg: No. Chair Sanchez: No, no, no. Commissioner Gonzalez: All right. Chair Sanchez: All right. Commissioner Gonzalez: That's clear. Vice Chair Spence -Jones: Thank you. Commissioner Sarnoff Can I ask a question, Mr. Chair? Chair Sanchez: Sure. Commissioner Sarnoff 'Cause I had an understand -- you're saying the City's not going to regulate whether they've complied with the small business percentage; it's the -- Commissioner Gonzalez: No. It's -- Commissioner Sarnoff -- County that's going to do it? Commissioner Gonzalez: -- the County. Mr. Bockweg: Well -- Commissioner Sarnoff And how's the County going to do that? 'Cause now I don't understand the process. City ofMiami Page 90 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Bockweg: The County will verify that part of the application there is a small business entity in their application. Chair Sanchez: But I think the City does it, not the County, pal. Mr. Bockweg: No, no. What we -- Chair Sanchez: If I'm not mistaken, I think -- Mr. Bockweg: -- ultimately -- Chair Sanchez: -- you're wrong. Mr. Bockweg: -- we also verify that for ourselves. Commissioner Sarnoff So let me just one -- understand one other thing. You're going to submit every mural application to the County. Mr. Bockweg: Correct. Commissioner Sarnoff And they're going to permit you to permit the applicant? Mr. Bockweg: Correct. Commissioner Sarnoff And that's a 30-day process. Mr. Bockweg: In their ordinance, it stipulates they need a minimum of 30 days -- or a maximum of 30 days. Commissioner Gonzalez: Yeah. You wait -- Commissioner Sarnoff You know the County that well? Commissioner Regalado: You wish. Mr. Bockweg: That's what it says in their ordinance. Commissioner Sarnoff What does it say after 30 days, or do you just assume they did something? Mr. Bockweg: I believe it says that it would be deemed approved -- Commissioner Sarnoff Oh, okay. Mr. Bockweg: -- after 30 days. Chair Sanchez: It does say that on the language. After 30 days, it's deemed approved. Mr. Bockweg: Correct. Commissioner Sarnoff So they have 30 days to object, essentially. Mr. Bockweg: Yes. Commissioner Sarnoff OK City ofMiami Page 91 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: All right. No further discussion on the ordinance. There was a -- Commissioner Sarnoff I do have one discussion, Mr. Chair. Chair Sanchez: All right. Chair Sanchez: I think the ordinance -- and I hope the seconder will accept this. There needs to be a reference to SD-6.1 in the ordinance. It's no big deal. And the other thing I want to put on the record -- it's not part of an amendment, butt would like to put on the record -- I think it's imperative that this industry understand that this is a pilot project. I think it's imperative that this Commission also believe and understand that we will not freat the permits like a taxi medallion. A taxicab driver when he gets a medallion is a very happy person 'cause he can keep that the rest of his life; he can sell it; he can change it. I know this is a pilot project of which we're talking about one year. I strongly urge this Commission to consider giving the applicant and, thus, permittees, an additional year on their permit; but thereafter, every two years there should be a new lottery. And the reason being is that everybody should have an opportunity to continue to participate in this process, so I -- while it's not in this ordinance -- and the reason it's not in this ordinance is because I know we're going to amend this ordinance again, and I know that this ordinance sunsets in one year so we have to do something with it; butt hope you would join me in considering and putting on the record that these -- that there will be a lottery two years from today; that this will be moved along and that the process will be re -brought up all over again. Commissioner Gonzalez: I support that amendment. Chair Sanchez: Well, it's not an amendment. Commissioner Gonzalez: Well -- Chair Sanchez: He's not proffering it as an amendment. He's just saying this is a pilot program, and when it comes back again, it's something that we should be exploring. So there's a motion and a second on the ordinance, with an amendment, the ten percent. Madam Attorney, read the ordinance into the record, followed by a roll call vote. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And there was a amendment made changing the 15 percent to 10 percent with respect to the SBE (Small Business Enterprise) participation, and Section 62-606(b) is to include SD-6.1. Chair Sanchez: We are on item SR.6. Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Vice Chairman [sic] Spence -Jones? Vice Chair Spence -Jones: Yes, with the amendment. Ms. Thompson: Commissioner Sarnoff? City ofMiami Page 92 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes, ma'am, as amended. All right. Ms. Thompson: The ordinance has been adopted on second reading, 5/0. SR.7 08-00314 ORDINANCE Second Reading District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Commissioner (4/5THS) AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE X OF THE Marc David Sarnoff CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTIONS 2-814(C) AND 2-817(B), TO INCREASE THE MAXIMUM DAILY FINES FOR MURAL REGULATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00314 Legislation FR/SR.pdf 08-00314 Cover Memo SR.pdf 08-00314 Cover Memo FR.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, Samoff, Sanchez, Regalado and Spence -Jones 12984 Chair Sanchez: All right. Let's do SR.7. It requires a four fifth vote, and that is pertaining to the Administration and Code Enforcement fines. So let's go ahead and take up SR.7. Commissioner Sarnoff, you want -- Commissioner Sarnoff Yeah, I -- well -- sorry, Mr. Chair. This is an ordinance of the City of Miami Commission, by a four fifths vote we'll need, to amend our Zoning Code to allow Code Enforcement specifically for murals. And let me ask Pieter something. Did we amend this pursuant to Mr. de Mola's recommendations? Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): Yes, sir. You -- a substitute was provided, I believe, Tuesday. Chair Sanchez: Right. Commissioner Sarnoff And this will allow us, Mr. Chair -- I apologize for speaking for you, Pieter -- but this will allow us, Mr. Chair, to allow people that don't participate in the mural ordinance to be subject to the same level of fines that those who do participate in the mural ordinance, so now you're actually getting control of the city; now you actually have a thousand dollars a day. I believe it goes to $5, 000 on a repeat, up to 15,000 should we ever hit that criteria [sic], which I doubt we could; but it will be from one to $5, 000 per day, which I think we all would agree no mural company could afford that. Commissioner Gonzalez: I'll second that motion. Chair Sanchez: All right. And this is basically just a clean-up of the fines. All right, there's a motion and a second. It is an ordinance on second reading. The motion was made by City ofMiami Page 93 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff, second by Commissioner Gonzalez. It requires a public hearing, being that it's an ordinance on second reading. Is there anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, hearing none, the public hearing is closed, coming back to the Commission for deliberation. Any further discussion from the Commission? If not, Madam Attorney, read SR.7 into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): The roll call is being taken on the ordinance as modified. Chair Sanchez: Yes, ma'am, SR.7 is modified. Ms. Thompson: Thank you. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as modified, 5/0. City ofMiami Page 94 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 ORDINANCES - FIRST READINGS FR.1 08-00350 ORDINANCE First Reading Department of Public Facilities AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 50 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SHIPS, VESSELS AND WATERWAYS," TO MODIFY REGULATIONS RELATING TO THE ANCHORING, MOORING AND USE OF VESSELS IN THE CITY OF MIAMI'S ("CITY") WATERWAYS BY ADDING NEW DEFINITIONS, REVISING REGULATIONS, PROVIDING NEW REGULATIONS RELATING TO CITY MARINAS AND MOORING FACILITIES; PROVIDING FOR THE ADMINISTRATION AND OPERATION OF CITY MARINAS AND MOORING FACILITIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00350 Legislation.pdf 08-00350 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: Let's go ahead and -- let's go to FR.1 FR.1 is an ordinance on first reading amending Chapter 50, Ships and Vessels and Waterways. I don't think that's going to be controversial, so let's pick that one up. Okay. That is being presented to us by the Department of Public Facilities. Laura Billberry (Director): Yes. Lori Billberry, Public Facilities. This is an ordinance amending Chapter 50 of the City Code entitled "Ships, Vessels and Waterways," to modify and update all the regulations related to anchoring, mooring, and the use of vessels in the City's waterways. We have basically gone and rewritten the entire chapter to update it and bring it into compliance with various Florida Statute definitions, and we've also added a few provisions. In particular, a couple things that we have changed that are probably most noteworthy are that we, instead of using the Code enforcement process regarding the vessels that are constituting a nuisance, are allowing now the Police Department to help us in the enforcement of these matters. Additionally, in a better -- in an effort to better protect our environment and promote safety for persons and property, we've included a provision that requires live -aboard vessels to be docked and moored only at private mooring or marina facilities or City marinas or mooring facilities. It will also be unlawful for any person to anchor or leave at anchor in the navigable waters of the City a non -live -aboard vessel -- Chair Sanchez: Yeah. Ms. Billberry: -- that is no longer exercising their rights of navigation. We have gone also on to define that a vessel is no longer exercising their rights of navigation when they have not moved that vessel for seven days. The City of Miami Waterfront Board and the Miami River Commission have recommended approval of this ordinance. Chair Sanchez: All right. It's an ordinance on first reading. Is there a motion? Commissioner Sarnoff So -- Commissioner Regalado: Move it. City ofMiami Page 95 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. Before we open it up for discussion, it's an ordinance requiring two readings. It's in front of us on first reading. The item is open to the public. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed for the record; coming back to the Commission for discussion. Hearing no discussion on the item, Commissioner Regalado, you're -- I mean, Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff Just real briefly. Lori, this will help some of the people at some of the Grove properties that have mooring problems right directly off there, whether it's Camp Biscayne, or whether it's any of the other Grove properties. This will allow the police to actually monitor and effectuate misdemeanor citations? Ms. Billberry: It will. But I don't want to suggest that it will be an immediate reaction because we would like to educate people about the new ordinance and, we would like to have our new mooring field up, open and operational so they have an opportunity of somewhere else to go. Commissioner Sarnoff Thank you. Chair Sanchez: Okay. Madam Attorney, read the ordinance on first reading into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chair Sanchez: Yes, ma'am. Ms. Thompson: The ordinance has been passed on first reading, 4/0. FR.2 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 Boundary Description.pdf 07-01555 Map.pdf 07-01555 E-mail.pdf 07-01555-Submittal-Downtown Development Authority Reso. No. 06-2008.pdf 07-01555-Submittal-Map.pdf Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 96 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 12985 Chair Sanchez: Okay. Let's move on to ordinances on first reading. Let's take up FR.2, which is the panhandling ordinances. Vice Chair Spence -Jones: (INAUDIBLE) we're going to do SR.5 (INAUDIBLE) or --? Chair Sanchez: We're going to get to all of 'em. Vice Chair Spence -Jones: SR.5. Chair Sanchez: Yeah, we'll get to SR.5. All right. Commissioner Sarnoff What are we on? Chair Sanchez: Panhandling. Commissioner Sarnoff What number is this? Chair Sanchez: Huh? Commissioner Sarnoff Which number is that? Vice Chair Spence -Jones: SR.2. Chair Sanchez: Pan -- no, that's -- yeah, it's FR.2. Commissioner Sarnoff FR (First Reading). Chair Sanchez: FR.2. All right. Sir, you're recognized for the record. State your name and address and who you represent. Jay Solowsky: Good afternoon. My name is Jay Solowsky. I'm a member of the board of the Downtown Development Authority. I also work and live in Miami. I live on 2127 Brickell Avenue. I've worked downtown for 32 years. I am here on behalf of the Downtown Development Authority. Also present is our new interim director, Alice Robertson; a member of the board, Jose Goyanes; and several members of our staff. We are the proponent of the following an ordinance of the Miami City Commission amending Chapter 37 of the Code of the City ofMiami, Florida, as amended, 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. If there are any questions or any concerns, I would be happy to address them. Chair Sanchez: All right. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Mr. Chairman. Number one, I have to say that the City Attorney asked me ifI was briefed by the DDA (Downtown Development Authority) on this ordinance, and told 'em that wasn't. No one wanted to spend the time briefing us on this, and yet, I need to vote. But want to understand is it the philosophy of the stakeholders in downtown to bring people to live in downtown? Mr. Solowsky: Absolutely. Commissioner Regalado: Okay. City ofMiami Page 97 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Solowsky: You can look at downtown, Commissioner, and you see all the new cranes; you see all the buildings coming in. We want to make it a live, work and play environment. Commissioner Regalado: So can you tell me who came up with the idea of leaving out one single apartment building not being protected by the ordinance? Mr. Solowsky: Commissioner, you're referring to the -- Commissioner Regalado: I'm referring to the one in the paper, the one -- Mr. Solowsky: Northeast 2nd that cut out. Commissioner Regalado: Right. Mr. Solowsky: Ordinances of this nature are -- have to be very narrowly drawn in order for them to be upheld by courts. There is law in this circuit, in the 1lth circuit, where we are -- Commissioner Regalado: I know. Mr. Solowsky: -- and I think that it would be permitted to be upheld. Now, I also tell you that based upon the concerns that I have heard, I have done a calculation. Should we include the additional street, that we would be with the additional sfreet, based upon linear miles -- there are in the City ofMiami 965 linear miles of street. The proposed panhandling ordinance is at 3.96 linear miles. If we would include the 2nd Avenue street, it would bring us up only to 1.7, which would be literally, on a linear basis, four tenths of one percent of the streets in Miami. I am confident -- and I am a litigator and an attorney -- that we have a substantial likelihood of success if this is challenged in the courts, should we add the additional sfreet onto Northeast 2nd Avenue. Commissioner Regalado: Yeah. And that could be done by this Commission, if we wanted, you know -- Chair Sanchez: It's a policy issue. Mr. Solowsky: Absolutely. Commissioner Regalado: -- because it's a policy issue. What I still don't understand is if you are going out in public and celebrating every time that one single resident comes to downtown -- and what you want 24 hours of work and live and pleasure in downtown Miami, which I think is great, why the DDA, which is supposed to know every single inch of downtown Miami, will miss an apartment with residents? Is that --? I mean, I understand what you're saying. Fort Lauderdale -- I understand that Fort Lauderdale went to court and, you know, there is the debate. This is not, I think, an anti -homeless ordinance; this is -- and I sit on the Homeless Trust, and frust me, I would have fight [sic] this if this is an anti -homeless ordinance, but it isn't;; and I will tell you why it's not. But help me to understand what's the reasoning of not saying, well, we do have to protect the big business industry, you know, Bayside and, you know, Flagler; but if we really need people to come and live in downtown Miami -- OK. If we really need and want people to come in downtown Miami, what was the criteria [sic] of leaving out a building? Mr. Solowsky: It was a question of priorities in looking at the area so that we would have the greatest chance of having our ordinance withstand a challenge, and I think that it would. Now, I also think it would -- Commissioner Regalado: But -- City ofMiami Page 98 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Solowsky: -- (UNINTELLIGIBLE) the additional area. Commissioner Regalado: -- you're telling me that there is no -- bringing people to live in downtown is not a priority? Mr. Solowsky: Of course not. It is -- Commissioner Regalado: Then -- Mr. Solowsky: -- absolutely a priority. Commissioner Regalado: -- what kind of message -- if I'm a resident, what kind of message are you sending to me? Mr. Solowsky: We're telling people that we are doing the best we can within -- Commissioner Regalado: No, no. Mr. Solowsky: -- the parameters -- Commissioner Regalado: IfI reside -- Mr. Solowsky: -- of the law. Commissioner Regalado: -- in that building? Mr. Solowsky: If there are specific concerns that would justify the Commission incorporating that area into the ordinance, then it would be a legitimate exercise of the discretion of the Commission. Commissioner Regalado: Excuse me. I -- look, I want to be educated. I'm not here arguing with you because you are an attorney, and you will probably win. But I just want to be educated. Mr. Sarnoff Not necessarily. Commissioner Regalado: I just want to be educated. Educate me. You're saying that the priority is to bring residents downtown; and then you say that you left that building out because of priorities, so which is which? Mr. Solowsky: Well, it is not -- they're not mutually exclusive. Commissioner Regalado: Okay. Mr. Solowsky: Because you have an area where you have residents. You also have areas in the City where you have residents, you have employers; you have employees; you have tourists, and those are more of the Flagler Street -type locations; and we had to narrowly draw it, and frankly, if we need to, it will be increased to a point that we believe, subject to the will of the Commission, that it will withstand a court challenge. That's all. Commissioner Regalado: Okay. And the last question that have is -- I mean, you did not educated [sic] me because I still don't understand the philosophy, but then, you know, it's -- you are an attorney, and you are able to -- listen, today -- I don't know if you are aware -- we had a long discussion about the need for more police officers. CRAs (Community Redevelopment Agencies) throughout the state of Florida have been known to get waivers to pay for police. Redevelopment agencies or development agencies have been known in -- throughout the state of City ofMiami Page 99 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Florida to get waivers to pay for police. Probably the ones in Miami would tell you that no, we cannot use. But my question is, until we get out of this crisis with the Police Department, is the DDA willing to participate with funding in implementing this ordinance? Mr. Solowsky: I think that to the extent that there is a concern regarding funding, and that was submitted to the DDA, it would be considered by the board. I certainly cannot commit the DDA without it being considered by the board and determine whether or not the board could or would be able to approve it based upon its current funding level. I wouldn't be able to answer that question. Commissioner Regalado: No, but -- Madam City Attorney, is it legal? Julie O. Bru (City Attorney): To utilize funding for additional -- to cover the cost of additional policing? Commissioner Regalado: Right, right. Ms. Bru: I'd have to look at the way that the taxing structure is meant, but believe it's one of the purposes for which the DDA has been constituted; and that is to permit -- to promote the health and welfare of the economic success of the downtown area, so most likely, yes. Commissioner Regalado: Right. Because the policy here is that we cannot listen to anything that does not have an economic impact. And Mr. Manager, do we know how much implementing this ordinance is going to require in terms of manpower from the Police? Pedro G. Hernandez (City Manager): Commissioner, we have looked into it, and we do not believe that it's significant. We have today enough of a police force downtown that it would not be a burden. It's just another charge under which they could arrest someone. Today they even arrest panhandlers for aggressively doing it. So it's not a burden. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Chair Sanchez: Thank you. At this time what I'd like to do is have the City Attorney walk you through the panhandling ordinance and what we need to establish here in this proceedings. Madam Attorney, you're recognized for the record. Veronica Xiques (Assistant City Attorney): Mr. Chairman, Commissioners, Veronica Xiques, CityAttorney's Office. The ordinance before you today asks that you ban panhandling in a minute area within the City ofMiami, specifically point one percent of the City's land area. In order to do so, the ordinance has to be content -neutral, narrowly tailored, leave open ample alternative channels of communication, and serve a significant governmental interest. Commissioner Regalado, to specifically answer your question, when the map was created, it wasn't meant to exclude any particular street. It was meant to include the areas where the greatest economic impact, i.e., the greatest economic benefit would come to the area at this particular time. At this particular time, it was not -- the DDA was not aware that there were already residents in the building that would -- Commissioner Regalado: Excuse me? Ms. Xiques: At this -- Commissioner Regalado: The DDA was not aware that there were residents -- Ms. Xiques: The discussion at -- City ofMiami Page 100 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Regalado: -- in downtown? Ms. Xiques: No, no, no. No. Commissioner Regalado: In that building? Ms. Xiques: No, no, no. No. The discussion at the -- Commissioner Regalado: Oh, my God. Ms. Xiques: -- DDA board meetings was not intended -- because you've asked if somebody was specifically included, my answer to you is specifically that it was not excluded. The areas that were included is where the greatest economic impact would be. That is a compelling governmental interest that is going to move this ordinance forward should the Commission decide that it's going forward. So the greatest governmental -- the greatest economic impact would come when the ordinance is implemented in the areas that the initial map was drawn on. The idea here is that the City ofMiami and the DDA have invested hundreds of millions of dollars in the downtown business district, and they're going to continue to invest even more with the purpose of expanding the economic base of the community. Because that is, again, the governmental interest, we think that this ordinance is content -neutral as it applies to everyone who is panhandling, not just to a specific class of person or a specific message that they're bringing forward. It's narrowly tailored because it applies, again, only to point one percent of the City ofMiami. It leaves open ample alternative channels of communication because you can obviously still panhandle in the remaining 99.9 percent of the City area; and it serves a significant governmental interest to revitalize downtown. Any questions? Chair Sanchez: Any questions? All right. What we'll do is we'll go ahead and -- if there's any question of the Commission. If not, we'll open it up to the public, and then we'll go ahead and debate it in the Commission. All right, the public hearing is open. Anyone wishing to address this item, please step forward and be recognized. You'll be afforded two minutes to speak. Jose Goyanes: Two minutes. Chair Sanchez: Maybe -- how many speakers do we have? Mr. Goyanes: Mine'll be quick. Chair Sanchez: All right. Two minutes. Mr. Goyanes: Jose Goyanes, with offices at 4 Southeast 1st Street, in Miami, Florida. Commissioners, thank you for allowing me to come up here and speak in front of you. I have prepared some notes here, butt saw that it went off a tangent when Mr. Solowsky came up to speak. I am the original person that voted in the DDA and made the motion to pass this ordinance and take it to the City Commission. When we originally sat down in the first meeting, I had blocked out all of downtown Miami; and then I was tapped on the back and said "You can't do this; it's illegal." So I had every single residential building, Loft I, LoftH, who I know is the owner of and the proprietor of those buildings. I even spoke to him when he got here today and I said we're going to push to make sure that we include 2ndAvenue there because not only is it a residential building, Commissioner Regalado; it also has retail on the bottom floor, and we're very aware of all the buildings that are in downtown, especially me. I spend more down in -- more time in downtown Miami than I do in my own home. I spend more nights in downtown Miami than probably the Police Department does because I'm the only business owner that operates a business on Flagler Street that opens up at night; and has to continually, continually, on a daily and nightly basis, fend off panhandlers from my patrons, whether if it's in one of my retail stores, whether if it's in one of my service businesses, or whether if it's in front of my City ofMiami Page 101 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 restaurant. I think that it gives me a competitive disadvantage from South Miami, from Coconut Grove, which the Commissioner sees me there all the time, from Brickell, from Lincoln Road. When's the last time that you went to Lincoln Road and you were sitting down and a panhandler pulled up his chair and sat down in the table with you? And there's nobody there to do anything about it. That doesn't happen there. It only happens in downtown Miami. And this has become the blight that has allowed everybody else to do whatever they want in downtown. There's no order, and this is the first step that you guys need to do to start placing order in downtown Miami. Thank you. Chair Sanchez: Thank you. Next speaker. State your name and address for the record. Josie Correa: Yes. Josie Correa, executive director of Downtown Miami Partnership, 25 Southeast 2nd Avenue, Suite 240. Most of you already know me, but as you know, our organization represents businesses in downtown Miami. We have over 230 members that employ thousands of workers every day. I, myself as you know, have been in downtown for the past 18 years; executive director of this organization for 14, and I can tell you that this is not a homeless issue. This is an issue of people panhandling. The vast majority of these panhandlers are not homeless. We see them every day. Panhandling in downtown creates a negative experience for our customers in cafes, banks, and retail establishments. The substantial investments that the City, the private businesses, and the property owners have made over the recent years are damaged when workers, visitors, and the general public feel threatened and intimidated and unsafe in the public areas of your city, of our downtown. I respectfully ask that you support this panhandling ordinance. Thank you very much. Chair Sanchez: Thank you. Next speaker. Claudia Bergouignan: Good afternoon. My name is Claudia Bergouignan, and I work at TotalBank, vice president, 21 West Flagler Street. I have been in downtown for 20 years with TotalBank. I, myself am here because on a day-to-day basis, we have panhandlers that are standing outside of the bank. I have customers every day that are concerned for their safety coming in and out of the bank as well as my employees. We have an ATM (Automated Teller Machine) outside of the bank, which also causes an issue because the panhandlers are standing right outside of the door of the bank waiting and -- for our customers to come in and out of the bank. So that -- thank you so much. Chair Sanchez: Thank you. Next speaker. Pamela Weller: Good afternoon. Pamela Weller. I'm here representing Bayside Marketplace, General Growth Properties, 401 Biscayne Boulevard. I've been at Bayside for five years, but twenty-one years ago Jim Rous had a vision. And Jim Rous's vision was to go into blight [sic] downtown areas and develop them. And we have been waiting 21 years for what is happening right now throughout downtown and along Biscayne Boulevard. And I commend this Commission for finally getting us to where Jim Rous dreamt we could be many years before. I am here to support this ordinance because panhandling is a huge problem. We have 217 business owners in Bayside Marketplace that I represent that are all affected by this. Our employees, our consumers, our Heat customers, our Bayfront Park patrons; we're all affected by panhandling, and it's not about homeless. It's about business and the economic vitality of Bayside Marketplace and Jim Rous's 21-year-old dream. Thank you. Chair Sanchez: Thank you, ma'am. Next speaker. Rafael Kapustin: My name is Rafael Kapustin, 25 Southeast 2nd Avenue, downtown property owner. Thank you for the opportunity. I'm here, number one, to support the panhandling ordinance; and, two, to make a respectful request that one particular block is added. Just for the record, I'd like to make a statement to the fact that I was among the pioneers in downtown who, City ofMiami Page 102 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 with Alvah Chapman and with Ron Book, said yes, in downtown. We want a homeless center in downtown. We did what maybe many neighborhoods are not doing today, and we did it many, many years ago. We understood there was a need. So homelessness that was a problem, we addressed it. And I think you'll find that no place, other than in the areas of downtown in the City ofMiami, you have more assistance to the homeless. We also have, unfortunately -- and I've been only seeing this over the last 30 years -- whatl like to call, respectfully, professional homeless and professional people panhandling; and there is a difference. And I believe that while these people have rights, so does everybody else. Therefore, I'm here to support, in a hundred percent, the -- this ordinance. I hope you pass it. I'd like to respectfully request -- and I'm going to pass this on for the record. The map that you have in front of you is precisely the panhandling ordinance. I circled the one particular block that was excluded. Back in October or November, I discussed with Dana Nottingham this particular situation. He understood at the time that, perhaps, it ought to be included. I guess he didn't have time to make the changes. I raise a lot of questions, just like Commissioner Regalado did today. I'm going to -- I would prefer to assume that this was a inadvertent mistake, and we all are human. We all can make an error, and perhaps, somebody forgot to highlight the one block between Northeast 2ndAvenue and Biscayne Boulevard, which, by the way, is a gateway to over 20,000 square foot of commercial space and access to over 2,000 residents, so I request you include it. Thank you very much. Chair Sanchez: Thank you very much. Next speaker, please. David Lithgow: Good afternoon. My name is David Lithgow. I'm corporate director of the Biscayne Building. We are a historic landmark in downtown Miami, built in 1925. On behalf of myself and our 83 tenants, I'd like to respectfully request that you all consider this wholeheartedly. There's no mistaking that downtown Miami, from about 5 p.m. to about 6 in the morning, has an unmistakable jailhouse, recreation yard -like atmosphere. I get complaints from government agencies in my building. I get complaints from attorneys, from their customers, couriers, court reporters; basically everyone in our building, including our TotalBank, who preceded me. It's the intimidation and consistent harassment by the panhandling community that is taking its toll in downtown Miami. Some of these people own homes. Some of them rent condominiums. Some of them happen to be homeless. It's a panhandling issue that has to stop in downtown Miami 'cause it is not a safe environment. Thank you. Chair Sanchez: Thank you. Next speaker. Ben Burton: I'm Ben Burton with the Miami Coalition for the Homeless, 3550 Biscayne Boulevard. I have to take a deep breath because I hear people saying things like "professional panhandlers" and 'professional homeless people." I think that that's just outrageous. I do think that this ordinance is great for business, but bad for residents. The people that they're talking about are residents of our City. They also live here. One of the things that this ordinance does is makes criminals of them very, very quickly; and this doesn't solve the underlying problem why people are panhandling, and that's poverty. It just simply moves it around. At a time in Miami when we're third in poverty, we have a shortage of police officers, our jails are overcrowded, we're in a recession, we're third in foreclosures, we're going to crack down on people who have the least. I can just give you an example. Let's say that someone's down and out and they're in this area, and they've been found asking for bus fare. On a first offense, you get a criminal record; 30 days in jail, then a hundred -dollar fine. Thirty days in jail and a hundred -dollar fine. Let's say you get out and you don't have any money, and you try to get some money for a phone call. The second offense is 60 days in jail and $200. You can never get ahead with this kind of criminal record. In addition, if you can't pay your fines in America -- this is double whammy -- you get bad credit and you have a criminal record. Even McDonald's does a criminal background check, Commissioners. It's really hard for these people to ever really truly get out of poverty in this type of situation. And the stipulation in the ordinance that's [sic] calls for alternate programs is a Disney fantasy. Our shelter programs are full and so are our treatment City ofMiami Page 103 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 programs; they're at capacity, especially for single men and especially for those who have a substance abuse problem and many of those people are the ones that we're talking about. I encourage you to come up with some creative solutions. I don't think we ought to blame the victim, and I think that we ought to look at this problem in a -- as a community and fry to come up with some creative solutions. It may not be the DDA's intent to hurt people, but the impact will be that it will hurt people; and I think that the impact will be one that people will be fighting for -- fighting with for years and years and years to ever get their lives back on track. Chair Sanchez: Thank you, sir. Next speaker. David Raymond: Good afternoon, Commissioners. David Raymond, executive director of Miami -Dade County Homeless Trust. Thank you for the opportunity to speak with you. And I'm here in partnership on this issue. Commissioner Regalado's on our board, your Manager is on our board. We're very happy to be working with you in partnership. I will tell you this, this item come -- came to us as somewhat of a surprise; we were unaware of this particular issue. And let me just say from the onset, the Homeless Trust is -- we are not advocates of panhandling. We think it enables homelessness. We do not think it's a good thing. We have a video program we do in conjunction with Miami -Dade County Public Schools; it's in every school, and we tell children it's not a good idea to give panhandlers money. We do, as an alternative though, give them the number of our homeless help line, and we refer people back to our oufreach teams; and we think that that is the way to engage people in services. We, however, do not support legislation which could criminalize homelessness, and that is really the concern that we have. A couple of things in the language. There are no warning provisions in here. As the previous speaker stated, Mr. Burton, the first offense -- there's no opportunities for warnings. The alternate language in here also refers people back to the Miami -Dade County Homeless Assistance Program. I'm not quite sure what that is, just for clarification. I don't know if that was supposed to be the City ofMiami Homeless Assistance Program. It's not our programs. And the City's programs, by the way, they have outreach; and then the people who are brought in through that, which this is -- sounds somewhat similar to Pottinger, where someone would be offered services rather than incarceration -- we would really like to be engaged in those conversations because they would be coming into our beds and our programs, so we'd like the opportunity to figure out how that might work; and are also concerned with the workload that this might have not only for law enforcement, as Commissioner Regalado brought up, but also for the jails, the courts. And your oufreach team, by the way, City ofMiami outreach team, we fund to be at the jails to take people out of the receive -- when they come out of jail so they don't wind up back on the streets, so we'd be kind of creating more work for them. We really would like the opportunity to come back to you and to work group this issue. I am here on behalf of Ron Book, our board chair. He's in Tallahassee working very hard, as all of you know, during this session. He has offered to lead a group through the Homeless Trust to do what we do. We've done this before with the street feeding issue, as Commissioner Regalado knows, with good success. We'd like to bring everybody together to look at the language, to come up with creative solutions, and to have that opportunity to be able to do that. Some of the things, just to let you know what we're thinking about, is again, a public relations campaign in the downtown businesses and in other businesses throughout the County where we encourage people to call our help line; and we have our help line cards available for people. We have another one with the City on the Hands Up campaign, referring people to the street feeding program; and we also would like to talk to you about this concept that we're looking to do with parking meters. They've done this in Denver. They've done it in Baltimore. They're not real parking meters; they're homeless parking meters. It says "Help the Homeless." You put a quarter in there so that -- there are a lot of people who want to help homeless, so rather than have them just feel like they're not doing anything, they can put a quarter, or dollar, or whatever they'd like to put in there and those monies go back in to serve homeless people and programs. In the city of Denver, it's reduced panhandling by 92 percent. And what we'd like to do, we'd like to do citywide and countywide, so our request would be if you could defer this item, or at the very least, through the Chair -- I'm not sure what the time frame is between the first reading and the second reading, but City ofMiami Page 104 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 if we had the time to go back -- again, our chair is in Tallahassee for the next three weeks through session -- to give us sufficient time, however much time that might be, to get everybody together who's interested in this issue and look at the language and come back with something that might be beneficial to everyone. Thank you. Chair Sanchez: Okay. Anyone else? Yes. Nury Enamorado: Good afternoon. Nury Enamorado, 234 Northeast 3rd Street, downtown Miami, Loftl building. I'm a resident of downtown. I have worked in downtown for the past ten years now, and a resident for two years. I respectfully request that you do pass the panhandling. Although unfortunate about the homeless and their situation, I am a young professional. I have worked very hard from -- to where I have reached for everything that have, and sometimes we have rights too. And I think that, although unfortunate -- and I keep saying because I don't agree -- I feel bad for the homeless, but sometimes we need things too; and in order for this to flourish and for us to maintain living here and to grow families in downtown, which is also something that we need to focus, I think that this should be passed. Thank you. Chair Sanchez: Thank you. Anyone else? All right, the public hearing is closed, coming back to the Commission. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Just in listening to the Homeless Trust on this issue and just listening to, you know, the residents and the business owners and -- in the downtown area, I really would like to at least move that we defer the item until the Homeless Trust, Josie, and the key people from -- it seems like there's a communication breakdown. I mean, some of these suggestions seem as though they're wise suggestions. I'm not really understanding why there's such a rush to - - is there something going to happen right now that we have to do this right now or --? Chair Sanchez: If you would allow me, Vice Chair. We have been working on this ordinance now for close to about eight months. Vice Chair Spence -Jones: Was the Homeless Trust involved in that? Chair Sanchez: Well, no, they were not, but there's plenty of time from this meeting to the next meeting for them to sit down and review the language and come in front of this Commission. We - - I wanted to save my arguments till the end, and I would -- I want to hear from my colleagues. I think you've heard from the residents and the business owners of downtown. I think the attorney did a good job in putting the economic aspect of it, but think that by us delaying this ordinance further -- I think there's plenty of time that we could meet. They could sit down with our City Attorney on this and see if we could work this out, but by us deferring this ordinance today, it will be another two months before it comes in front of us; it'll be another -- probably another month or two months before it's -- coming in front of us, and the concern thatl have is that economic times are tough not only for the homeless, but for everyone in the city. And I would respectfully request that we do not defer the item; we listen to this item and vote on the item today. Vice Chair Spence -Jones: Mr. Chairman, can I just add on this? I mean -- and, you know, if -- and no disrespect, you know, to you or anybody else, but if we had been working on an item for eight months, then why didn't we have the Homeless Trust at the table? Chair Sanchez: Counsel. Ms. Xiques: Commissioner, the DDA board felt that there was sufficient time between first and second reading to address any issues, and so -- Vice Chair Spence -Jones: That's -- City ofMiami Page 105 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Xiques: -- for that reason, we decided to proceed with the ordinance as drafted with the -- Vice Chair Spence -Jones: But -- Ms. Xiques: -- input of only the DDA -- Vice Chair Spence -Jones: -- how --? Ms. Xiques: -- and then open it up to public discussion at that time. Vice Chair Spence -Jones: Right. But, ma'am, this is what I'm not understanding -- and maybe I'm missing it. I mean, I truly do understand the importance of us addressing and supporting the businesses. I'm not taking any -- I'm probably going to be asking for the same type of support once we start building up 3rdAvenue and the things that we're doing in Overtown because I do know that there's going to be issues too. But can't see how we could work on something for eight months and then rush it for four weeks until the next meeting and not give the folks that do this every single day or address -- try to address this issue every single day the opportunity to sit down and work with you on this ordinance. I don't under -- I mean, I know you're not frying to explain to me that this was the logical reason why you did that. Ms. Xiques: Commissioner, the DDA board was simply -- Vice Chair Spence -Jones: I understand, and I just -- that's my only one comment. And then we all are City Commissioners when we sit up here and ask each other to defer an item. We respectively [sic] support each other. And I don't think that there's anything wrong with me if my -- if Commissioner Sanchez or Commissioner Gonzalez says I think we little -- need a little bit more time; I'd like to defer an item, it's always respected, so I don't understand why we can't do that now. Chair Sanchez: And respect that, butt want you to know that this item has been on the agenda for quite some time; was deferred, and never once did the Homeless Trust contact us either to sit down on this issue. Vice Chair Spence -Jones: But why didn't we do that? Chair Sanchez: Well, listen, we'll vote on it. I mean, this is -- you know, it's just not one Commission [sic] who runs this Commission. If there is a motion and there's three votes to defer the item, then we'll defer the item. If not, I'm prepared to move forward and make arguments for this legislation because I don't -- you know, this is not a homeless issue. To me it is not a homeless issue. To me it is focus on an economic develop -- vitality issue of downtown and the businesses that are suffering in downtown because of this. And in many cases, it's not only panhandling; it's aggressive panhandling in downtown. So if there's three votes to defer the item, we'll defer the item. If not, then we would hear the item today, and hopefully, giving us enough time to sit down and bring it back in second reading; and then this Commission will decide what is the future of this legislation. Commissioner Regalado: Mr. Chairman, iflmay. Chair Sanchez: Yes, sir, you're recognized. Well, let's do something. We're not going to continue to -- is there a motion to defer the item? Vice Chair Spence -Jones: Yes. Chair Sanchez: There's a motion by Commissioner Spence -Jones to defer the item. Is there a City ofMiami Page 106 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 second? There is no second, so it dies; so we hear the item. All right. Do you want to be recognized on the item or anyone else? Commissioner Regalado: I want. Chair Sanchez: All right. Commissioner Regalado: I wanted. Chair Sanchez: We'll allow Commissioner Sarnoff, and then Regalado, and I will close on the ordinance. Commissioner Regalado: Can I say something? Commissioner Sarnoff I'll yield. Commissioner Regalado: Just -- thank you. You know, I could say that we should defer this and -- along with Michelle, probably have a vote -- two votes, but I think that we need to make a decision and send a message. What I really don't understand here is the disconnect that this City has within its own agencies and with other entities. Chairman Sanchez is right; this is not a homeless issue. However, if you ask the media, the homeless advocates, the Homeless Trust, it is a homeless issue. David Rosenbaum (phonetic), he sits on the board of the Homeless Trust in behalf of the City Manager. I sit on the board on behalf of this Commission. The Homeless Trust has teams of workers, and the City ofMiami also has teams of work [sic], working in downtown in the homeless issue. The recent survey done in January by the Homeless Trust showed that the largest concentration of homeless people in Miami -Dade County is in downtown Miami. Has ever been in downtown Miami. So it would have been simpler for the DDA to engage the advocates, Ben and David and Camillus House, and figure out something; because what we are sending a message that is not clear out there is that this could be something against the homeless, and it's not; it's about panhandling. But why do we have to do everything wrong? I mean, why is it that we have always this problems with the -- we have to defer this because we need to do this? I'm ready to vote, and I will favor the ordinance because I think that we need, first of all, do something to clarify that panhandling is not about being homeless, and I will tell you why. In the district that I represent, especially in Shenandoah, there is an adult living facility called Pioneer House on 14 Terrace Southwest between 21 st and 22nd Avenue. They have, at the last count, 113 patients. These 113 patients, some of them mentally challenged, some of them on Medicaid Medicare, do not have supervision; and they walk the streets of Shenandoah in front of my house and in the corner of my house and in the corner of my daughter's house; and they panhandle on the intersection of Southwest 22nd Avenue and 16th Street. Some of them have been hurt in accidents because they are -- unfortunately, they don't know better -- very aggressive in panhandling, and people will tend to rush out of there. And this is why we're going to the state -- and Ron Book is the lobbyist of the City -- asking for security and supervision in the adult living facility. So these panhandlers do have a home, do have a place to be, people that take care of them, but they are not supervised; and they panhandle 24 hours a day, seven days a week, 365 days a year; and some of them get hurt, and they are very aggressive, by the way. And by the way, we do not have the resources in Shenandoah. I have been told by the police that we do not have the resources to take care of the aggressive panhandling in Shenandoah. That is the response that we have from the police, butt understand that downtown is downtown. I think that we should ask David and Ben -- and David Rosenbaum (phonetic) that understand the homeless issue to work with the CityAttorney's Office. I don't know what else the board of the DDA can do, if they already voted and send it to us. So it's about us and the City Attorney and the City Manager; because if the intent of this is to displace panhandling to other areas, then it's wrong. And, you know, the feeding ordinance worked very well, and this Commission supported it in downtown. And there are some people that are violating the ordinance, but most of them are working very well, those people that are helping City ofMiami Page 107 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 the homeless, feeding the homeless. So I would just say that I hope that the City Attorney, especially the City Attorney, and the City Administration will work with David Raymond, the executive director of the Homeless Trust because, you know, he has more resources than the DDA does; and he has more knowledge in this issue than the DDA does. He knows where the homeless are. He knows where the panhandler, and he knows the difference; and with Ben, which is a person that has dedicated his life to the cause of homeless and understand the needs of certain people. So I will support this ordinance if we have the commitment of the City Attorney and the City Manager to work with them to give us, on the second reading, the modified version, if needed, in terms of -- not the map, but the modified language because they do have attorneys in their board working, County attorneys, of course, that could help us on that, so -- Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff Yeah. I'd like to make a motion to approve the ordinance, but also include Northeast 2nd Street between Northeast 2nd Avenue and Biscayne Boulevard; and for a second reading to come back on May 22, which should give everybody enough time. Chair Sanchez: Second. Commissioner Sarnoff Mr. Chair, oftentimes I sit up here in the City Commission and I wonder how we get our priorities and whether we have our priorities straight. You have a downtown that has a chance. In my opinion, the downtown is the heartbeat ofMiami. If we fix the heart of Miami, the rest ofMiami will cure itself. How anybody could be considering right up here right now not to allow -- or to allow aggressive panhandling to go on defies me. It just simply defies me how we cannot support a woman -- I think it was -- it's Nury Enamorado -- how we cannot support her, who just bought or is leasing in Lofts [sic] I, who is working -- going to work everyday and simply does not want to be panhandled; and how we're expected to compete with the City ofMiami Beach, how we're expected to compete with any large city in America and still allow panhandling to go on, it won't work, it doesn't work; and guess what happens in downtown? Hasn't worked in 20 or 30 years, and why do you suppose it hasn't worked in 20 or 30 years? Because you have panhandling going on there with a great deal of other problems and issues as well. You just had a great initiative. The DDA just turned around and put a significant amount of money in to do some great sidewalks and street improvements. What is the worth of those street improvements if every 35 or 40 feet you have panhandlers? You know, there's an old expression in law, "You can shine a you know what, but it still makes it a you know what." And all that means is just because you build something, you got to take care of it as well. Taking care of it is part of panhandling. Taking care of it is policing it. Policing means so much more than just protecting you. You know, you take a young lady downtown, you go to La Loggia; the first place you walk out, do you want to be panhandled? She's in a dress. You're taking her to the Performing Arts Center. She's in high -heeled shoes; somebody approaches very quickly. Are you going to defend her? To allow panhandling downtown is simply not to allow the downtown to prosper. You know, I have a brother who, to this day, is still on the streets; and he's been on the streets since he was 30 years old. He's been through 33 rehab centers. Should he go through 34? I don't know. After about 30, we gave up. Not everybody is going to be cured, and not everybody is going to be rehabilitated. But that doesn't mean those that refuse get to stay in our lives. That doesn't mean that they get to be downtown and impinge upon your right. This society, in my opinion, really does nothing for the victim, doesn't care about the victim; doesn't care about people who get victimized. All we care about are the people that are the defendants. We care about coddling their issues. Well, they're certainly entitled to their day in court, but I think the people who get victimized are certainly entitled to this Commission's attention, and it is my intention to give you my attention. Applause. Chair Sanchez: Thank you, Commissioner. I couldn't have said it best [sic]. First of all, as I City ofMiami Page 108 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 stated before, this issue has nothing to do with homeless. It's a sensitive issue. Any time that you take any type of legal action that might offend someone or, in any way, be perceived as unsensitive [sic], it's something that may not be looked upon by others as good legislation. We have worked -- and when I say "we," it's because of the labor of many individuals; hard, dedicating [sic] members of the DDA and the staff who has worked on coming up with an ordinance that we believe will withhold [sic] any challenges in court; and we had to be very, very careful how we did this. I think that the record that needs to be put on the record today is why is this ordinance so important to the City ofMiami, and above all, to downtown Miami? Downtown Miami is the economic engine of this City, ladies and gentlemen, and I think these numbers have to be put on the record. Downtown today brings in $9 billion to the City's tax base. Twenty-five percent of the City's total tax comes from downtown. There are over 225 million in development impact fees alone into downtown, not to mention the millions of dollars that has been invested by this City to make sure that if we are going to become a world -class city, that we have a vibrant downtown for all those who want to live, work, or play. Seventy-four percent of the City jobs are located in downtown or around downtown. And ladies and gentlemen, there are more than 10,000 businesses in downtown that need to have that economic engine, a downtown where people who travel from abroad or people who work here or people that just -- may just want to go downtown go to a downtown that's a pleasant downtown where they don't fear intimidation or they're not harassed by somebody panhandling, asking them for money; so that's why it's important. This ordinance, what it focuses on is improving the quality of life and maintaining a downtown that's a pleasant downtown. I think you've heard all the arguments here today. I think, if we are going to be doing what's right for this City, I think that we need to start focusing on the things that make this City, our City, a great city, and it's downtown. Downtown has been abandoned for a hundred years. It's time that we put our resource into it. Ladies and gentlemen, anyone who wants to panhandle has 97 percent of the city to go and panhandle. Homeless is not a crime. If you're homeless, you could still walk through downtown; you could go to our parks, but when you panhandle and you interfere with the daily lives of people that are either sitting in a restaurant or taking money out of their ATM card, it is, to a resident, very uncomfortable. And, you know, I'm sure they have a tear in their eye when they have to turn their cheek and walk away, but they need to feel a downtown that is safe, a downtown where people are not harassed; and it's very important that we pass this legislation. We also need to make very sure that if it's challenged in court, that we do have the proper language in the ordinance in itself to withhold [sic] a challenge. Compared to Hollywood, it is very, very similar. And I think, overall, it's an ordinance that will make this City a better place for all of us. So that's why we're bringing this. I do take into heart what has been said. There's plenty of time on second reading; we could always -- if we can't work out some things, we could always continue the second reading and bring it back. But anytime you have a legislation, you need a starting point to be able to start that process. Overall, this ordinance, which is a tough ordinance to present because it's sensitive, it's a sensitive ordinance -- people could put the spin to it and say you're anti -homeless, you're anti -human being. No. We have two of the greatest organizations in the United States that provide the best assistance to the homeless in our community. But we need to take into consideration that when one individual's right ends, it begins for another one. And when you talk about economic vitality to our City, it's something that I, as the Chair of the DDA, take to heart. All right. Vice Chair Spence -Jones: Commissioner Gonzalez. Commissioner Gonzalez: Yes. Once again, my concern is the constitutionality of this ordinance. Ms. Bru: Commissioner, as with any kind of regulation that governs conduct that enjoys the protection of the First Amendment, one is always subject to challenge. What we have done here, though, is provided you with an ordinance that we believe is as narrowly tailored as possible to withstand such challenge; and we have put enough evidence on the record, anecdotal and otherwise, so as to provide the basis for the substantial governmental interest that we're trying to promote by this ordinance; and we are doing no more than necessary to promote that interest; City ofMiami Page 109 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 and I think that we can sustain a challenge. Commissioner Gonzalez: But it is your legal opinion -- your professional legal opinion that this ordinance is constitutional? Ms. Bru: Yes. Based on the Hollywood case, which we have from the 11 th Circuit, this ordinance is legal. Commissioner Gonzalez: Listen, all I need is your professional legal opinion, and I'm going to base my vote on your opinion, on your legal opinion; and that will protect me for any personal suit. Chair Sanchez: Madam Chair -- Commissioner Gonzalez: Now, let's -- Chair Sanchez: -- could I re --? Commissioner Gonzalez: -- go to the issue. I was listening to Commissioner Marc Sarnoff arguments, and I have to agree, and I also have to agree with the Chair. You know, we continuously criticize downtown, and we continually criticize the condition of downtown. And let me tell you, I had the privilege of knowing downtown back in 1960. What a difference. What a difference. Okay. So if we're serious about improving downtown and bringing back life to downtown and, you know, the standard of downtown that we would love to see and that we see in other cities, it's time that we start acting. And I had a concern about the Homeless Trust, and I had a concern about the advocates for the homeless, that they didn't had enough time to sit down and work out a program, but Commissioner Sarnoff, you allowed sufficient time to be all kind of discussions, all kind of meetings, and then on the second reading, come back with something that we can all feel good and proud to support. But I'm definitely a hundred percent in support of improving downtown, supporting downtown; and like everybody knows, that's the economic engine of the City ofMiami, and we need to support it. I mean -- and every visitor that comes to the City, the truth of the matter is, that is going to visit downtown. So that's -- that will reflect the image of our city, so I'm in support of the ordinance. Vice Chair Spence -Jones: Okay. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Sure. Let me just -- I just want to be very clear about my position on this issue because I do not want anyone to walk away from my --from this dais not understanding what my position was. Never did I not support the businesses or the residents in the downtown area. It was not about that. Robert can tell you we've had a discussion about this, and we know that -- (UNINTELLIGIBLE) and I have had this discussion, and we know that it is an issue. That's not what this -- that was not the point of my discussion. As Commissioner Sanchez stated -- or Chairman Sanchez stated earlier, we have an organization, like the Homeless Trust, that is this awesome organization that's doing awesome things, and not just has been recognized in the City ofMiami but across the country; and we never went to that organization to have a discussion with them over the last eight months about initiatives that we could put in place to address the issue. I support the ordinance. It's not even about me not supporting the ordinance, and I support us -- and I'm sure all of us are going to agree with -- something needs to be done. My point in the discussion was why -- I -- within those eight months, was there no discussion between this so-called wonderful, great organization and staff on the issue? That was my point. And the whole purpose of me saying that -- asking for a deferral was to give them time to do that. Now, if you're saying -- or Commissioner Sarnoff has proffered -- I'm assuming he's proffered to -- after we vote on this for the first -- from the first City ofMiami Page 110 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 reading that we'll take the time to work out the issues with the Homeless Trust and the downtown partnership and any organizations, DDA, I'm fine and cool with that. I just think that one of the things we must consider in all of this is that once we start enforcing -- and this is the reality -- in the downtown area, we do know where this is going to now start leading. It's going to push to the Performing Arts district. It's going to push to the Overtown area. It's going to push to the Omni area. So then we're going to come back in front of the City Commission and say, yeah, we've cleaned up downtown, but now we have it happening in the Omni; now we have it happening in Performing Arts district, and Lord knows, I don't need anything else going on in Overtown. I already got enough issues that I got to deal with. So my point in all of that was not to say that I did not support the businesses and the residents in the downtown area; of course I do. I definitely want us to have a vibrant downtown. That's not what this is about. This is about making sure that if you have an organization that we say is an awesome organization, then why are we not communicating with them to make sure that we get their input? So with that being said, that is my only issue and my only concern; and I think that, hopefully, when you guys sit down to have a discussion, that we think of something, or hopefully, between both the NET (Neighborhood Enhancement Team), City staff DDA, and of course, the Homeless Trust, that we deal with initiatives that are -- that's going to address the issue of this overflowing into other areas 'cause it will. And Commissioner Sarnoff knows this -- it was before he got here, but in the Upper Eastside, when they did the whole sting and the operations happening with the prostitution rings, you know where all the prostitutes ended up going? Across the railroad tracks to District 5. So not only do I have a drug issue; now I got a drug and prostitution issue because you've pushed one problem to another district. And I don't think that I'm wrong for asking or requesting from my fellow colleagues that before we make decisions that are going to impact everybody else's district, that we sit down and find a viable solution with addressing the issue. So with that being said, Commissioner -- Madam Clerk, if you could please do a roll call, and then we can move on. Ms. Thompson: Before the roll call, I just need to make sure that the record reflects that our office received an additional attachment to this first reading ordinance, so we will be showing it as modified because we have a new piece of legislation -- Chair Sanchez: Yes. Ms. Thompson: -- along with what was stated on the record. Chair Sanchez: As stated on the record, yes, you are correct, Madam Clerk. Ms. Thompson: Thank you. Roll call. Ms. Bru: Okay. We need to read the ordinance into the record. Commissioner Gonzalez: What is the modification? Commissioner Sarnoff It includes Northeast 2nd Street between Northeast 2nd Avenue and Biscayne Boulevard, and the second reading will occur May 22. Commissioner Gonzalez: All right. Chair Sanchez: OK. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. City ofMiami Page 111 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes, with the understanding that you will sit down with the Homeless Trust and come up with an initiative that makes sense by May 22. Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Oh, yes. Ms. Thompson: Chairman Sanchez? Chair Sanchez: Yes, ma'am. Ms. Thompson: The ordinance has been passed on -- Chair Sanchez: All right. Ms. Thompson: -- first reading, as modified, 5/0. Chair Sanchez: All right. Congratulations to everyone. FR.3 08-00351 ORDINANCE Department of Public Facilities First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ABOLISHING THE ORANGE BOWL ADVISORY BOARD, BY REPEALING IN ITS ENTIRETY CHAPTER 53/ ARTICLE II/ DIVISION 4, ENTITLED "ORANGE BOWL ADVISORY BOARD," SECTIONS 53-121 THROUGH 53-127, OF THE CODE OF THE CITY OF MIAMI, AS AMENDED ("CITY CODE"), AND BY AMENDING CHAPTER 2/ ARTICLE XI/ DIVISION 2, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/STANDARDS FOR CREATION AND REVIEW OF BOARDS GENERALLY," SECTION 2-892(4)(F), OF THE CITY CODE, ALL AS STATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00351 Legislation.pdf 08-00351 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: All right. Let's skip to FR.3. It's an ordinance on first reading, and it's abolishing the Orange Bowl Advisory Board. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Sarnoff. It is an ordinance on first reading. Before we open it up for discussion, it requires a public hearing. City ofMiami Page 112 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 FR.4 08-00384 District 3- Chair Joe Sanchez 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. No further discussion. The chair of the Orange Bowl Advisory Board is Commissioner Gonzalez, and he is in favor of abolishing this board, so let's have the ordinance read into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 6/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ANIMALS/DOGS," MORE PARTICULARLY BY AMENDING SECTION 6-41, ENTITLED "CRUELTY TO DOGS; PENALTIES;" TO PROHIBIT TETHERING UNDER CERTAIN CONDITIONS; PROVIDING DEFINITIONS AND PENALTIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00384 Legislation.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, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Okay. Let's go ahead up and -- let's take up FR.4 -- Commissioner Regalado: 4. Chair Sanchez: -- which is the cruelty to dogs. Commissioner Gonzalez: I'll move FR.4. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: There's a motion -- Commissioner Sarnoff Second. Chair Sanchez: -- and a second. Commissioner Gonzalez: I own two, so -- and I love them. Chair Sanchez: All right. Let's go ahead and open it up to the public. Ma'am. Yes. State your name an address for the record. City ofMiami Page 113 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Marjery Glickman: Yes, sure. Chair Sanchez: What is that? Ms. Glickman: These are petitions. Chair Sanchez: How much? Ms. Glickman: Thousands and thousands of signatures. I'll explain it to you. Chair Sanchez: I'm not going to tell you how many e-mails (electronic) I received reference this ordinance, but I can tell you that I received e-mails from all over the world. I don't know how you got -- how it was put out there, but -- Ms. Glickman: There are -- Chair Sanchez: From Europe. Ms. Glickman: I'm sure there are many people all over the world who believe that animals should be treated humanely, and they are looking -- Chair Sanchez: Your name and address, ma'am. Ms. Glickman: -- for this -- oh, sure. Chair Sanchez: I'm sorry. Your name and address for the record. Ms. Glickman: Sorry. Marjery Glickman, 13740 Southwest 78th Court, Palmetto Bay, Florida 33158. I'm the director of Protect Children and Dogs in Miami -Dade. We have been sponsoring a petition that asks Miami -Dade County Commissioners to pass an ordinance restricting tethering. Many City ofMiami residents signed the petition and are participating in the petition drive. The petition drive is ongoing. Here are the signed petitions that I've received thus far, and as you can see, there are thousands and thousands upon signatures. Chair Sanchez: Afterwards, give them to the Clerk, please. Ms. Glickman: I -- well, I can show them, but I -- Chair Sanchez: Yeah, okay. Ms. Glickman: -- need to -- okay. The petition says -- and I will give you a copy of that -- as residents ofMiami-Dade County, we, the undersigned, support legislation banning the tethering of dogs in this County. If you want, I will make you copies of these petitions. Commissioner Sarnoff No. His office will do it; don't worry about it. Chair Sanchez: Yeah, don't worry about it. Ms. Glickman: Okay, okay, okay. Chair Sanchez: They don't need anymore -- Ms. Glickman: Veterinarian Dr. Patty Cooley (phonetic) e-mailed me the South Florida Veterinarian Medical Association's tethering physician statement. The statement says tethering, the act of confining an animal to a fixed location with a collar and line is an inappropriate City ofMiami Page 114 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 method of confinement for dogs. As representatives of the South Florida Veterinary Medical Association, we disavow this practice on the grounds that it is inhumane. Tethering is not only unsafe for dogs due to collar injuries and exposure -related illnesses, but has also been shown to increase aggression in pets maintained under these conditions. In 1996, United States Department ofAgriculture said our experience in enforcing the Animal Welfare Act has led us to conclude that continuous confinement of a dog by a tether is inhumane. In 2003, the American Veterinary Medical Association said never tether or chain your dog because this can contribute to aggressive behavior. Miami -Dade should enact legislation to reflect the prevailing wisdom on this issue and the values of its local veterinary community. The community, as you can see, supports this strong tethering ordinance, and I encourage you to pass the tethering proposal that Commissioner Sanchez proposed. Chair Sanchez: Thank you. Ms. Glickman: Thank you. Chair Sanchez: And it's got the full support from the Commission also. Vice Chair Spence -Jones: Yes. Chair Sanchez: Anyone else, please step forward. Joan Morris: Joan Morris, 3803 Little Avenue. I want to say how proud I am of my Commission. I have been to quite a few of these meetings, and it's just different than it used to be, and -- Chair Sanchez: A lot different. Ms. Morris: A lot different. And I really thank you all for everything. Well, I think it's appropriate that dog tethering is right after panhandling because we're talking about victims. We're talking about victimization. We're talking about being safe. All of that has -- also applies to dog tethering, and animal rights. What rights does a dog have when its owner ties him up? It's unbelievable. We have a dog sitter who came to pick up our dogs one time, and she was so beside herself because the day before she had gone to pick up some dogs in the late afternoon, the owners had tied the dogs to a tall free with no shade, left no water, and when she arrived to get those dogs, they were both dead. Now, if that's not victimization, I don't know what is. I don't think I need to urge you, but I'm going to give you some more petitions just in case. Commissioner Sarnoff Joan, you got a minute? State of Florida like probably 46 states, utilize language that suggests we own our pets. California and I think Oregon and I think two other states suggest that we are the custodian of our pets. If you would like to work with my -- am I wrong on that? I am? Which state uses custodial language? Priscilla A. Thompson (City Clerk): I'm sorry. We cannot record if they're off the mike, so she'll have to speak on the mike. Chair Sanchez: Can you just step up? Ms. Glickman: Sure. Chair Sanchez: I believe it's California, the entire state of California. Ms. Glickman: Well, the entire state of California does have a tethering restriction law -- Chair Sanchez: Right. City ofMiami Page 115 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Glickman: -- butl think you're talking here about saying that we don't own our pets. Commissioner Sarnoff Right, we're custodians. Ms. Glickman: Correct, and there are jurisdictions that do have that language, but it's not language throughout the entire state of California. Commissioner Sarnoff Oh, it's not? Ms. Glickman: No. Commissioner Sarnoff That's even better. Ms. Glickman: Not as far as I know. Commissioner Sarnoff Then that's even better because I thought the state of Florida in our constitution had language that talked about ownership of animals -- Ms. Glickman: Correct. Commissioner Sarnoff -- and that's why I thought it would have to happen in Tallahassee. I'd be more than glad to sponsor a bill with either one of you ladies talking about custodianship of pets versus ownership, and you'll find that rights will flow once -- if there is, in fact, a state law that the animals will then have rights they don't have now, so if you want to work with my office, I'll be more than glad to look into that with you. Ms. Morris: Thank you. Marjery and I'll be back with you. Chair Sanchez: All right. Anyone else? Please step forward. Yes. Two minutes. Silvia Valles: Yes. Silvia Valles, 2314 Southwest 59th Avenue. I support this ordinance, and there are a lot of people that cannot -- Chair Sanchez: Yeah. Ms. Valles: -- be here tonight or this afternoon because they have to work. The economy is very bad and they cannot afford to miss time from work, but do appreciate your help. Ifyou can help us, that will be great. Chair Sanchez: Thank you. Next speaker, please. Norma Santana: Good afternoon, Commissioners. I just want to say thank you -- oh, first of all, my name, Norma Santana. I'm from Southwest 120th Place. I am so grateful for the opportunity to be here. I've gotten petitions and letters and things to get the public informed about the anti -tethering ban, and unfortunately, all the information came to us late, so this is a great opportunity for me to be here and represent those that can't speak for themselves. I also am working with a group called Dogs Deserve Better. I am the only rep here in the Miami area, and what our organization does is that we go out to people who have their dogs tethered and try to educate them as to why they should not be tethered. And I've had cases where they are open and they listen, and I've also had cases where I've gone back and found the animal dead, so this would be an awesome ordinance to pass. And I am praying that it does. Chair Sanchez: Thank you. Anyone else from the public? If not, the public hearing is closed; coming back to the Commission. Anyone want to speak on this item? I just would like to say City ofMiami Page 116 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 that if we're going to be known throughout the world as the glamorous and fun tourist destination, certainly a dog suffering tied up to a chain, to a mango free with a two foot rope with no water, with no food, and certainly not -- no shade and maybe 99 degrees, is certain not the image that we want, and I think after -- out of all the ordinances that have been presented today, this is certainly one that has been the one that has gotten to me the most, because I have -- I'll tell you, e-mails have not stopped, phone calls have not stopped because, you know, when you have a pet and you take on that pet, it's like adopting a family member, and today, during the whole research that my staff did a great job, we find out that, you know, the animal control only holds 300 pets just alone last year was a 1,300 and -- no, 136, 000 pets that were abandoned, so it goes to show you, yeah, the economy's bad, the foreclosures, people are leaving and leaving their pets behind, and it's really -- you know, it's just sickening to know that if you can't take care of a dog -- and I know that there are at least two Commissioners that I know up here who have pets because I either have heard or I've been to their house -- three that have pets that I know of -- and let me just say that this ordinance is really a touchy ordinance from the heart, and this is a clear message to the County that we, as a city, have passed this ordinance, and we will push the County to make sure that they also pass this ordinance. This ordinance was not prepared by me. This ordinance was prepared by Miami -Dade Animal Service, and who better than them to draft an ordinance such as this? That will provide protection for those who cannot protect themselves. Vice Chair Spence -Jones: And Mr. -- I want to also publicly acknowledge you for your leadership. Originally, when I saw the -- all of the -- yes. Applause. Chair Sanchez: Thank you. For the record, a lot of cities, including some entire states, have passed this ordinance, including Fort Worth, St. Louis, Washington DC, not too far from here, Fort Lauderdale, Dania Beach, Hollywood, even Macon, Georgia, passed an ordinance such as this. And then, of course, the entire state of California, Texas, Virginia, and Connecticut have passed this ordinance, so it is -- it's something that was way overdue here, and I hope that the County -- I've gotten phone calls from other cities. I'm hoping that the other 38 municipalities will have it in their heart to pass a similar ordinance in their cities, so having said that and no further discussion, there's been a motion and a second. I certainly appreciate the support that I've gotten from the Commission on this and from the public, and it's an ordinance on first reading, so, Madam Attorney, read it into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. Chair Sanchez: Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. City ofMiami Page 117 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes, and everybody should be aware that the number -one area that's being hit for cuts by the County is the dog -- their dog department, if you will, the animal services department. Ms. Thompson: Continuing with your roll call. Chair Sanchez? Vice Chair Spence -Jones: Sanchez? Commissioner Sarnoff Yes. He'll say yes. Chair Sanchez: Absolutely. Ms. Thompson: The ordinance has been passed on first reading, 5/0. Applause. Chair Sanchez: All right. Okay. Thank you. You want to take --? Yeah. All right. If you could go ahead and make copies of those petitions and turn them into the City Clerk, we will take them. Okay. All the petitions. I mean, you've gone through some hard work to get those petitions; I think it's important that they're in the record as showing support, please. "[Later...]" Chair Sanchez: You don't have a pet? You don't have a dog? Judith Sandoval: Me? Chair Sanchez: Yeah. Ms. Sandoval: All right. I wasn't going to stand up and say this, but I am now. I love dogs so much that I once had a very real dream giving birth to my dog. I looked down and there was this fuzzy little thing, white with brown and white spots coming out like a baby. So I love dogs. Vice Chair Spence -Jones: Okay. Ms. Sandoval: Okay? Chair Sanchez: All right. Listen, I think you've said enough. Ms. Sandoval: It's no sillier than some of the other stuff that's been said today. Chair Sanchez: You convinced me. City ofMiami Page 118 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 RE.1 08-00337 RESOLUTION Department of Public Facilities RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONCESSION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND KARLEN FOODS, INC., A FLORIDA FOR PROFIT CORPORATION, D/B/A, TROPICS, FOR THE USE OF CERTAIN PORTIONS OF THE GRAPELAND AQUATIC CENTER, WITHIN THE CITY -OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37TH AVENUE, MIAMI, FLORIDA, ALSO KNOWN AS GRAPELAND HEIGHTS PARK, FOR USE AS A FOOD AND BEVERAGE CONCESSION FACILITY AND ADDITIONAL VENDING MACHINE AND CATERING USES, FOR A PERIOD OF THREE YEARS, WITH TWO ADDITIONAL ONE-YEAR RENEWAL TERMS; PROVIDING FOR: A $250, MONTHLY USE FEE AND A MONTHLY PERCENTAGE FEE BASED ON TEN PERCENT (10%) OF GROSS REVENUE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SAID AGREEMENT AS NEEDED. 08-00337 Legislation.pdf 08-00337 Exhibit.pdf 08-00337 Exhibit2.pdf 08-00337 Exhibit3.pdf 08-00337 Exhibit4.pdf 08-00337 Exhibit5.pdf 08-00337 Exhibit6.pdf 08-00337 Exhibit7.pdf 08-00337 Exhibit8.pdf 08-00337 Exhibit9.pdf 08-00337 Exhibitl0.pdf 08-00337 Exhibitl 1.pdf 08-00337 Exhibit12.pdf 08-00337 Summary Form.pdf 08-00337 Memo.pdf FAILED Chair Sanchez: All right. RE.1. Yeah, that's -- Vice Chair Spence -Jones: That's Commissioner -- Chair Sanchez: Yeah. We'll -- Pedro G. Hernandez (City Manager): Mr. -- Chair Sanchez: -- go ahead and skip RE.1 till Commissioner Gonzalez is here. Mr. Hernandez: Okay. "[Later...]" Chair Sanchez: All right. Do you want to take up RE.1? City ofMiami Page 119 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Mr. Hernandez: Mr. Chairman, if -- unless Commissioner wants to go first. I would like to put - Chair Sanchez: Concession agreement. Mr. Hernandez: -- on the record that on RE.1, I've revisited the item myself and I've been hearing your comments on catering services and your desire to have more competition on those contracts. This is one in which we have only one bidder. And also, in looking at the Grapeland facility, this is the first aquatic park that we'll be having, and we're not totally certain as to how this is going to operate as a business, as far as days, working hours, et cetera. And I don't feel that it's appropriate right now to go forward with a long-term three-year confract until we have more experience in how to move forward with the aquatic park. So, personally, I would like to withdraw the item. Commissioner Gonzalez: I wouldn't agree with you more. First of all, we have the same issue that we had before. I can't understand how we can only have one bidder to operate this facility when it's supposed to generate good business. I can't understand what's going on. Second, it's a new thing in the City ofMiami. We -- it's the first water theme park that we're going to have. We don't know how many hours it's going to operate. We don't know how many days. We don't know how many shifts. You know, we need to start operating that facility on a day-by-day basis until we can establish exactly what kind of needs we're going to have and then come out with an RFP (Request for Proposals) for a long-term confract, but not ftom the beginning. We don't know what is going to happen there. Maybe 2, 000 people will go, maybe nobody will go. We never know. We don't know what's going to happen, okay. Mr. Hernandez: I agree, Commissioner. Commissioner Gonzalez: So I agree with you. I make a motion to withdraw the item. Commissioner Regalado: Second. Commissioner Sarnoff Second. Chair Sanchez: Second. The item has been withdrawn. Let me just add on to that. I think we're doing the right thing. First, let me just say that that is going to be one of our premiere parks in the City ofMiami. I have gotten so many compliments from people that drive by 836 and they see the water theme park, and they go, that is -- finally, the City is taking the correct initiative to create parks that we could all be very proud of. Every time I pass by there, my kids, they want to jump out the car and run in. So we have an opportunity here to provide not only a great service to our constituents for their enjoyment but, if we don't do it right, we'll end up with eggs in our face. Now, having said that, we could learn from others. We're not the first city who's ever put together a water theme park. Hialeah has had one for quite some time. And I don't know if you've sat down with Hialeah and see how they work, but they have run a very successful water theme park in Hialeah. Not only in Hialeah, Broward also has another theme park that we should learn from their mistakes in many ways. So I think this is a good idea to pull back and see exactly how this is going to be. How -- when are we going to be open. I think that we have an opportunity here with our climate to be open not all year-round, but certainly, you know, maybe eight months or seven months, even nine months. That's up to -- you know, we still have tourists that come down here, and you know, you see them out on the beach, and you go, I wouldn't be in there, but they're out there having a great time, and that's what our city's all about. So let's explore those opportunities because we're going to have a great opportunity here to have something that, you know, we're going to be very proud of and people from other cities in the United States are going to be coming down to see what we've created in the City ofMiami. Commissioner -- Vice Chair Spence -Jones. City ofMiami Page 120 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: I just want to also commend the staff and Commissioner Gonzalez for the water theme park. This is fruly going to be a regional park. Commissioner Gonzalez: Oh, regional. Vice Chair Spence -Jones: When we say regional, this is going to be regional because I believe kids and families from all over the City ofMiami and Miami -Dade County will come to this park. And I agree with Commissioner Regalado from the stand -- I mean, excuse me, Commissioner Gonzalez from the standpoint of really making sure that there is some -- something put in place to know exactly how the park is going to operate. Me, I'm going to be opening -- I'm not sure when your park is scheduled to -- When is your park scheduled to open? Commissioner Gonzalez: It is scheduled to open Memorial Day weekend. I also want to add -- andl want to inform all of you that I have been in conversations with the Parks Department, and one thing that I've been asking from -- right from the beginning is that I want to make sure that during the summer, one day a week we have a free park for the inner kid -- inner-city kids. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Make sure that every kid in the City ofMiami has the opportunity to go to that park -- Chair Sanchez: For free. Commissioner Gonzalez: -- even those -- for free -- Chair Sanchez: Free. Commissioner Gonzalez: -- kids that can't afford to pay for the entrance of the park. Vice Chair Spence -Jones: Wow. I just wanted to commend you on that, and I do want to say to Mr. City Manager, we had a discussion about your park yesterday in our briefing, and I'm just -- every time I pass by it, I'm just in amazement because these are the kind of things that we need to see happening within our parks. But I -- one of the things we discussed -- and I think that you should also consider -- and that was the issue of -- you know, once that park opens, you're going to have people coming from all over. So you're going to have the park happening, you're going to have the baseball area happening, and the golfing area happening. Commissioner Gonzalez: The golf -- and also, we're going to have tennis courts. Vice Chair Spence -Jones: So I just -- my question -- or our question was for the City Manager, do we have enough parking, if everything's happening all at the same time? Commissioner Gonzalez: Yeah. I believe -- and correct me if I'm wrong -- that we have about 750 parking spaces. Mr. Hernandez: I believe that we do, sir. And the idea -- also, I think that we discussed the potential of when we do the final parking for Melreese that during day -- opportunities when they don't have an event there, that maybe we can use that as overflow. Vice Chair Spence -Jones: Yeah. Mr. Hernandez: So we're thinking along those lines too. City ofMiami Page 121 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: 'Cause I know you're going to have a lot of people in that park. Commissioner Gonzalez: Oh, yeah. Vice Chair Spence -Jones: So I think it's going to be great. Chair Sanchez: All right. So the motion is to defer the item, correct? Commissioner Gonzalez: To withdraw the item. Chair Sanchez: Hold, whoa, whoa, whoa, whoa. Commissioner Gonzalez: Withdraw the item. Mr. Hernandez: Could you please --? Chair Sanchez: Oh, to withdraw the item. Glenn Marcos (Director, Purchasing): Commissioner -- Mr. Hernandez: Mr. Chairman, he's got a different option that does the same, I think. Chair Sanchez: Okay. Let's hear your option. Mr. Marcos: Commissioner -- Glenn Marcos, Purchasing director -- I couldn't agree more with the Commissioner. I do believe that this is a jewel that we're going to have here in the City. And because of the fact that I do believe competition is of the utmost importance and that quality of the food is of the utmost importance, it's my recommendation to the Commissioner and to the Commission body to actually instruct the City Manager to reject the proposal and reissue the actual solicitation. Chair Sanchez: So you want to start from scratch? Mr. Marcos: Start from scratch. Mr. Hernandez: Well, in essence, it would be a rejection and then a reissuance when we are ready to do so following our experience. Chair Sanchez: So -- Commissioner Gonzalez: Oh, okay. Chair Sanchez: All right. Commissioner Gonzalez: On those terms, I agree. Mr. Hernandez: After we gain that experience. Commissioner Gonzalez: 'Cause I wouldn't want to reissue another RFP at this point. Mr. Hernandez: Until we're comfortable. Commissioner Gonzalez: Until we're comfortable, right. Chair Sanchez: All right. So -- City ofMiami Page 122 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 RE.2 08-00352 Department of Capital Improvements Program Commissioner Gonzalez: All right. Chair Sanchez: -- listen. The proper motion would be to rescind, right? Commissioner Gonzalez: Reject. Mr. Marcos: Reject. Chair Sanchez: Reject? Okay. So -- Commissioner Gonzalez: I'll withdraw my motion to withdraw. And I will make a new motion to reject. Chair Sanchez: To reject. All right. There's a motion to reject -- Commissioner Regalado: Second. Chair Sanchez: -- the concession agreement. It has been second by Commissioner Regalado. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." And that was RE.1. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE AGREEMENT WITH INTERCOUNTY LABORATORIES-USL, INC.,D/B/A BUREAU VERITAS, INC., DATED FEBRUARY 23, 2007, THAT PROVIDED ENVIRONMENTAL SERVICES FOR THE VIRGINIA KEY ENVIRONMENTAL ASSESSMENT AND REMEDIATION PROJECT, B-35002, IN AN AMOUNT NOT TO EXCEED $711,293, FOR THE CONTINUATION OF WORK TO PERFORM ADDITIONAL SERVICES REQUIRED AND THE RELATED INCREASE IN FEES, THEREBY INCREASING THE AGREEMENT FROM AN AMOUNT NOT TO EXCEED $650,000 TO AN AMOUNT NOT TO EXCEED $1,361,293; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $711,293, FOR SAID INCREASE, FROM PROJECT B-35002, CONSISTING OF VARIOUS FUNDING SOURCES INCLUDING CAPITAL FUNDS AND OTHER SOURCES AS MAY BECOME AVAILABLE; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 123 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 08-00352 Legislation.pdf 08-00352 Exhibit.pdf 08-00352 Exhibit2.pdf 08-00352 Summary Form.pdf 08-00352 Text File Report.pdf 08-00352 Text File Report2.pdf 08-00352 Text File Report3.pdf 08-00352 Agreement.pdf 08-00352 Proposal.pdf 08-00352 Amendment 1.pdf 08-00352 Text File Report4.pdf 08-00352 Master Report.pdf 08-00352 Master Report2.pdf 08-00352 Corporation Papers.pdf 08-00352 Corporate Resolution.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0194 Chair Sanchez: All right. Let's go to RE.2. RE.2 is being brought to us by the Department of Capital Improvement [sic]. Ola Aluko: Ola Aluko, director of Deparhnent of Capital Improvements. Good aft -- good morning, Commissioners. RE. 2 is a resolution to approve amendment number one to the agreement of the Intercounty U.S. (United States) Laboratories, Incorporated, also doing business as Bureau Veritas, for the provisions of the environmental assessment and remediation services for the Virginia Key landfill project. In short, we're adding additional tasks to their original assigned tasks and that assignment will be in the amount of $711, 000, which will eventually be reimbursed by the County. The City is requested to provide these funds upfront. However, after a landfill closure plan is completed, we shall enter into an interlocal agreement with the County and this amount will be reimbursed back to the City. Chair Sanchez: Okay. It is a resolution. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: So moved -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed; coming back to the Commission. So the County will be reimbursing us on this, right? Mr. Aluko: That is correct. Chair Sanchez: Okay. Any discussion -- any further discussion on the -- from the Commission? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 124 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Have the record reflect that Commissioner Gonzalez voted on this item. Commissioner Gonzalez, you want to take RE.1 ? Commissioner Gonzalez: To clear the record, I voted on the item because I was watching it on my TV (Television) back there. Chair Sanchez: Okay. We all have TVs in our office, and we do watch the Commission meeting when we're back there. RE.3 08-00353 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED MARCH 3, 2008, PURSUANT TO INVITATION FOR BIDS NO. 73036, FROM QUALITY WIRING, INC. (PRIMARY VENDOR) AND MIAMI BUSINESS TELEPHONES CORPORATION (SECONDARY VENDOR), FOR THE PROVISION OF TELECOMMUNICATIONS WIRING SERVICES CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00353 Legislation.pdf 08-00353 Summary Form.pdf 08-00353 Award Recommendation.pdf 08-00353 Tabulation.pdf 08-00353 Sourcing.pdf 08-00353 Letters.pdf 08-00353 Customer List.pdf 08-00353 Sourcing2.pdf 08-00353 License.pdf 08-00353 Letter.pdf 08-00353 Letter2.pdf 08-00353 List of Clients.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0195 Chair Sanchez: Let's go to RE.3. RE.3 is accepting bid, Quality Wiring, Inc. and Business Telephones Corporation. That item is being presented to us by the Department of Purchasing. Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. The item before you is a telecommunications wiring services confract; it's citywide. We're recommending the award to a primary and secondary vendor; primary vendor being Quality Wiring, Inc., secondary being Miami Business Telephone [sic]. The extent of the contract -- it is a two-year contract with option -- I'm sorry. It is a one-year contract with options to renew for four additional one-year periods. We did receive four bids. We ended up deeming one bidder nonresponsive. And if you take a look at the tabulations, it's very, very competitive, and we're recommending awards to those particular vendors. Thank you. Chair Sanchez: Okay. We need a motion. Is there a motion? City ofMiami Page 125 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Vice Chair Spence Jones. Before we open it up for discussion, it is a resolution requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed; coming back to the Commission for deliberation. Hearing no discussion on the item, it's a resolution. RE.3, going for a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Resolution RE.3 is adopted, 5/0. RE.4 08-00356 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "URBAN AREAS SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007)," AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $11,620,600, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, PASSED DIRECTLY TO THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT ("DEM"); AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE, MONROE AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED IN THE FORM OF GRANTS FROM THE STATE OF FLORIDA DEM. 08-00356 Legislation.pdf 08-00356 Exhibit.pdf 08-00356 Exhibit2.pdf 08-00356 Exhibit 3.pdf 08-00356 Exhibit 4.pdf 08-00356-Submittal-E-mail-Maurice L. Kemp.pdf 08-00356 Summary Form.pdf 08-00356 Grant Program.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, Samoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 126 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 R-08-0196 Note for the Record: Subsequent to the City Commission meeting, notification was provided that Item RE.4 instead should have had the substitution agreements originally proferred as pertaining to RE.5, resulting in a modified resolution for RE.4. See attached notification. Chair Sanchez: RE.4. RE.4 is being presented to us by the Department of Fire -Rescue. Deputy ChiefMaurice Kemp (Fire -Rescue): Maurice Kemp, deputy fire chief. RE.4 is a resolution, with attachments, establishing a new special revenue fund, which is the 27 -- 2007 UASI (Urban Areas Security Initiative) grant. Commissioner Gonzalez: I'll move RE.4. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez, second by the Chair [sic]. The item is -- before we open it up for discussion, anyone from the public wishing to address RE.4, which is a resolution? Seeing no one, the public hearing is closed; coming back to the Commission. Any further discussion on RE.4? Hearing -- Julie O. Bru (City Attorney): Mr. Chairman. Chair Sanchez: Madam Attorney, you're recognized for the record. Ms. Bru: Just for the record, the item, as was sent to the agenda for print, did not include one of the attachments. Priscilla A. Thompson (City Clerk): Two. Deputy ChiefKemp: That's 5. Ms. Bru: Oh, that's 5? Okay. The MOU (Memorandum of Understanding). Deputy Chief Kemp: The next one. Ms. Thompson: I'm sorry. According to my records -- Ms. Bru: Sorry. Ms. Thompson: -- I have that two -- Chair Sanchez: There is no supplement on this item; it's the next item, if I'm not correct [sic]. Deputy Chief Kemp: Yes, sir. You're correct. It's the next -- Chair Sanchez: Okay. Deputy ChiefKemp: -- item. Ms. Thompson: I'm sorry. Just for my records because -- Chair Sanchez: Yes. Ms. Thompson: -- in my office, I received two additional attachments for the UASI grant. Did City ofMiami Page 127 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 someone confuse our paperwork? Deputy Chief Kemp: Both item 4 and item 5 referenced UASI grant. The one that needs the substitution will be RE.5. Ms. Thompson: Thank you. Chair Sanchez: All right. So I think we've clarified that issue. 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." RE.4 has been approved, 5/0. RE.5 08-00358 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF MODIFICATION #3 TO THE GRANT AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, OFFICE OF GRANTS AND TRAINING, IN ORDER TO EXTEND THE URBAN AREA SECURITY INITIATIVE ("UASI") PROGRAM IV (FISCAL YEAR 2005), FROM MARCH 31, 2008, TO MARCH 31, 2009, PURSUANT TO RESOLUTION NO. 05-0629, ADOPTED NOVEMBER 3, 2005; 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. 08-00358 Legislation.pdf 08-00358 Exhibit.pdf 08-00358 Summary Form.pdf 08-00358 Master Report.pdf 08-00358 Pre Legislation.pdf 08-00358 Agreement.pdf 08-00358 Exhibit A.pdf 08-00358 Scope of Work.pdf 08-00358 Agreement2.pdf 08-00358 Pre Summary Form.pdf 08-00358 E-mail.pdf 08-00358-Submittal-E-mail. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0197 City ofMiami Page 128 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Note for the Record: Subsequent to the City Commission meeting, notification was provided that Item RE.4 instead should have had the substitution agreements originally proferred as pertaining to RE.5, resulting in a modified resolution for RE.4 instead of RE.5. See attached notification. Chair Sanchez: Now RE.6 [sic] does have a supplement. Deputy ChiefMaurice Kemp (Fire -Rescue): 5. Priscilla A. Thompson (City Clerk): 5. Chair Sanchez: I'm sorry. RE.5 does have a supplement. All right. Deputy Chief Kemp: Yes, sir, it does. Chair Sanchez: So you're recognized on the record on RE.5. Deputy Chief Kemp: The supplement on RE.5 is simply an oversight whereas the agreements between Monroe County and the City of Hialeah was left out of your package. It has -- they have always been included, so your offices were distributed the supplements, and if you need a copy, I have copies here. Chair Sanchez: But basically all this does is grant -- it grants -- it extends the grant to -- Deputy Chief Kemp: Yes, sir. Chair Sanchez: -- until March 31, 209 [sic]? Deputy Chief Kemp: That's correct. This is a resolution extending a 2005 UASI grant agreement until March of '09. Chair Sanchez: From the United States Department of Homeland Security, Office of Grants and Training in order to extend the Urban Areas Security Initiative. Deputy Chief Kemp: That is correct. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: I'll move RE.5. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. It's a resolution. 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. Hearing no further discussion on the item, it's a resolution. We'll be voting on RE.5. All right. With the supplement. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RE.6 08-00367 RESOLUTION City ofMiami Page 129 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY ATTORNEY TO ISSUE A REQUEST FOR QUALIFICATIONS, IN SUBSTANTIALLY THE ATTACHED FORM, TO ESTABLISH A LIST COMPRISING NOT MORE THAN FIVE (5) LAW FIRMS QUALIFIED TO PROVIDE BOND COUNSEL AND DISCLOSURE COUNSEL SERVICES TO THE CITY OF MIAMI. 08-00367 Legislation.pdf 08-00367 Cover Memo.pdf 08-00367 Exhibit.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0198 Chair Sanchez: Okay. We move on to RE.6. Commissioner Gonzalez: I'll move RE.6. Chair Sanchez: RE.6. There's a motion -- Can I have the City Attorney just put something in the record -- Commissioner Gonzalez: Of course. Chair Sanchez: -- as to what the item is? Julie O. Bru (City Attorney): Mr. Chairman, RE.6 is a resolution that -- which simply authorizes the City Attorney to issue a request for qualifications in order to procure a list of qualified firms to provide bond and disclosure counsel services to the City. We have been operating from a list that we had compiled I think about five years ago, and I think it's time to get some new bond counsel on board. Chair Sanchez: All right. It's a resolution. There's a motion and a second. Commissioner Regalado: Move -- Priscilla A. Thompson (City Clerk): No. Chair Sanchez: It doesn't require a public hearing, but if you want to speak on the item -- Ms. Thompson: I'm sorry, Chair. Commissioner Regalado: I move it. Ms. Thompson: We had a mover, but we -- Commissioner Gonzalez: I move it. Ms. Thompson: -- need a seconder. Chair Sanchez: All right. Commissioner Regalado: I'll second. City ofMiami Page 130 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: For the record -- Ms. Thompson: Thank you. Chair Sanchez: -- there's a motion by Commissioner Gonzalez, second by Commissioner Regalado. Mariano, you're recognized for the record on RE.5. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street, in Allapattah, City of Miami. Now, I wonder --I said the same thing in the County. How much -- outside counsel, how much are we going to farm out all the time? Do we (UNINTELLIGIBLE) a law department, or we just need administrative -- (UNINTELLIGIBLE) it's going to be litigated or this is going to be farmed out because most of the things going outside, they use expertise. How they going to get expertise if they don't litigate in court? Oh, they don't have experience. Let them go to court and litigate. Then we got the expertise. No, we got to farm out. (UNINTELLIGIBLE) litigation. You know how much we farm out every year? I receive the agenda. I can tell you it's a lot of money being farm out. (UNINTELLIGIBLE), get that. You pay political favors through farming it out. I don't come here to ask for money. Ninety percent of the people here are asking for money. I came here to make sure that taxes are paid and using properly to repave my streets there in Allapattah; pave the potholes there, the water that's going inside houses when it rains (UNINTELLIGIBLE). Now it's going to be -- start fixing on Monday. That's very good. Municipal services, no (UNINTELLIGIBLE) all that. No, because this is -- Miami is a poor city. It's a poor city. Go there to the neighborhood. People (UNINTELLIGIBLE) -- a Nicaraguan lady, she told me, I got no paper; I can't find work. She's selling (UNINTELLIGIBLE) was a little girl; 2.50 each tamale. Think about the people that get their retirement and then work for the City too, making 200, $300, 000 a year. That's -- maybe it's legal, but it's obscene, unethical and immoral what they do here. Chair Sanchez: Okay. Thank you, Mariano. All right. On that item -- Marian, I'm not too thrilled about going out to outside counsel, but there are certain situations -- Mr. Cruz: Yeah. Chair Sanchez: -- where because of the expertise in the field on a business sense as to whether you could end up paying millions of dollars, I think it's worth going out there and hiring attorneys that specialize in a certain field where we may not have the adequate resources. You want to represent us in court? I think it comes down to a business sense where, yes, I agree with you; we can't outsource everything and we can't go out for legal -- but there's going to be times that think we need to defend our legal department as to certain situations where we're going to have to hire true experts because if we don't, then we'll let them lost it in court, and we end up losing in the long run. Mr. Cruz: I can give you expertise in the grand jury of Dade County. I was very responsible on bringing that. That was being formed by (UNINTELLIGIBLE) by at large. (UNINTELLIGIBLE) I worked before. It was a blue ribbon system. People see (UNINTELLIGIBLE) when they were in the grand jury system -- Chair Sanchez: All right. Mr. Cruz: -- and they were investigating me. And, no, a jury of your peers, common law. No. I know about code, Roman, and all -- French and the whole thing, but here is jurisprudence case law. You don't need to be a lawyer. You don't need to be -- something hanging on the wall. Read the paper. Go into the Internet; everything there. When you go to the bathroom, when you brush your teeth; everything is in Internet now. Chair Sanchez: Thank you. Ladies and gentlemen, I do want to thank the Commission. We City ofMiami Page 131 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 basically have caught up on a lot of the items. The items that we'll bring up this afternoon are the items that are going to require, I think, more time, and I think that if we break now and we go to lunch, we'll come back at 2 o'clock. "[Later...]" Commissioner Gonzalez: I do have a question. Chair Sanchez: Yes. Commissioner Gonzalez: Did we pass -- Commissioner Sarnoff No. We need to vote. Commissioner Gonzalez: -- FR.4? Commissioner Sarnoff We need to vote on this one. Chair Sanchez: Okay. FR.4. We did not vote on it and -- Ms. Thompson: We -- no. Vice Chair Spence -Jones: And RE.7. You don't want to get that out of the way either? Chair Sanchez: No. RE.7 is going to take some time too. Vice Chair Spence -Jones: It's controversial? Chair Sanchez: Yeah. Vice Chair Spence -Jones: Oh, okay. Ms. Thompson: I'm sorry, Chair. According -- Chair Sanchez: RE.6. Ms. Thompson: -- to our notes, we did not vote -- Chair Sanchez: Okay. Ms. Thompson: -- on RE. 6 yet. Chair Sanchez: All right. But we did follow the process, and we had a motion and a second. Ms. Thompson: Yes. Chair Sanchez: The public -- Ms. Thompson: Yes. Chair Sanchez: It's a resolution, so it doesn't require a public hearing. So we're just ready to vote? Ms. Thompson: Yes. City ofMiami Page 132 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 RE.7 08-00359 Department of Capital Improvements Program Votes: Chair Sanchez: All right. We're voting on RE. 6. RE. 6, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.6 has been approved, 5/0. The City ofMiami Commission meeting stands in recess. We will be back at 2 o'clock. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE TWO SEPARATE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH POST BUCKLEY SCHUH AND JERNIGAN, INC. ("PBSJ"), AND DMJM HARRIS, INC. ("DMJM"), THE HIGHEST -RANKED FIRMS PURSUANT TO REQUEST FOR PROPOSALS NO. 06-07-034, TO PROVIDE CAPITAL PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN, FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN THE TOTAL AMOUNT NOT TO EXCEED $5,555,886, CONSISTING OF $5,055,886, FOR THE AGREEMENT WITH PBSJ AND $500,000, FOR THE AGREEMENT WITH DMJM; ALLOCATING SAID FUNDS, FROM VARIOUS CAPITAL PROJECT ACCOUNTS, AS MAY BE ADJUSTED FROM TIME TO TIME BY THE CITY COMMISSION IN THE ANNUAL APPROPRIATIONS/CAPITAL IMPROVEMENTS ORDINANCES. 08-00359 Legislation.pdf 08-00359 Exhibit.pdf 08-00359 Exhibit2.pdf 08-00359 Exhibit3.pdf 08-00359 Exhibit4.pdf 08-00359 Summary Form.pdf 08-00359 Memo.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0199 Chair Sanchez: Let's move on to RE.7, and then we'll go with the Board and Commission appointments -- and Committee appointments. RE.7. That's going to be another dandy [sic]. Commissioner Gonzalez: I'll move RE.7. Chair Sanchez: RE.7. Vice Chair Spence -Jones: Second. Chair Sanchez: Hold on. Let me get to it. Ola Aluko: Thank you, Commissioner. RE.7 -- Ola Aluko, director of Capital Improvements, City ofMiami -- is a resolution to award the agreements to Post Buckley and Schuh and Jernigan, Incorporated, and DMJM Harris, to provide a capital program support services for the multi year capital improvement plan. Commissioner, on July 10, 2007 we agreed to stop our program manager's -- HDR's contract on -- in January of 2008 with a one -month contract City ofMiami Page 133 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 extension that will end in April; and we have selected a new program manager support for the CIP (Capital Improvements Program) Department, and the operative word is "support." Chair Sanchez: Okay. Mr. Aluko: The CIP Department will manage all the projects, and Post Buckley will act as a support staff to the CIP Department. Chair Sanchez: All right. Would the maker of the motion accept a friendly amendment that we accept this for two years, and then have the renewal come back to the City Commission? Commissioner Gonzalez: As amended. Chair Sanchez: Accepted? Vice Chair Spence -Jones: Second. Commissioner Gonzalez: I accept -- Chair Sanchez: All right. Commissioner Gonzalez: -- the amendment. Chair Sanchez: So, Madam Clerk, there's been a motion and a second. It's been amended for two years, and then bring it back for renewal from the Commission; and that's -- I think we've learned from the past that we could always have a better understanding and we could control more. If the services are not being provided, it'll come back to the Commission for renewal, and we'll make that decision, the five Commissioners. Having stated that for the record, there's a motion and a second. This is an ordinance [sic]. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BOARDS AND COMMITTEES BC.1 07-01217 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz City ofMiami Page 134 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 BC.2 08-00315 Office of the City Clerk Mayor Manuel A. Diaz Mayor Manuel A. Diaz 07-01217 memo.pdf 07-01217 members.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item BC.1 to the Commission meeting currently scheduled for May 8, 2008. Chair Sanchez: All right. Any other items? Madam Clerk. Priscilla A. Thompson (City Clerk): Chair, we would like to continue BC.1 to your May -- to the May 8 meeting, please. Chair Sanchez: Which item is that? Ms. Thompson: BC.1 -- Vice Chair Spence -Jones: BC.1. Ms. Thompson: -- Boards and Committees. Chair Sanchez: Okay. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion and a second to continue BC.1. 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 passes, and BC.1, for the record, has been continued. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 08-00315 memo.pdf 08-00315 members.pdf CONTINUED Chair Joe Sanchez City ofMiami Page 135 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: All right, gentlemen [sic], let's -- Ola Aluko (Director, Capital Improvements Program): Thank you. Chair Sanchez: -- try to get through the Boards and Committee [sic]. Madam Clerk. Priscilla A. Thompson (City Clerk): We're staring with BC.2. Chair Sanchez: BC.2. Commissioner Gonzalez: I'll -- Mr. Chairman, I'll defer all my appointments. Chair Sanchez: Okay. Commissioner Gonzalez is going to be deferring or continuing, Madam Clerk -- Ms. Thompson: Yes, sir. Chair Sanchez: -- okay, his board appointments. Let's -- Ms. Thompson: On BC.2, you have an appointment. Chair Sanchez: BC.2, I will defer my appointment. BC.3 08-00276 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk ELECTION OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. ELECTED REPRESENTATIVES: SEATS REPRESENTED: Jessica Angel-Capo Seat #1 William J. Scarola Seat #2 08-00276 Memo CSB.pdf 08-00276 CSB Current_Members.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0202 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, to confirm the election of Jessica Angel-Capo and William J. Scarola as members of the Civil Service Board. Priscilla A. Thompson (City Clerk): BC. 3 would be the -- accepting of the election results for the Civil Service Board. Chair Sanchez: Need a motion to appoint Jessica Angel-Capo and then William -- City ofMiami Page 136 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff Second. Ms. Thompson: Scarola. Chair Sanchez: -- Scarola. Commissioner Sarnoff Scarola. Chair Sanchez: Scarola -- for seat number two. All right. 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. BC.4 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 Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff and was passed unanimously, to continue Item BC.4. Chair Sanchez: We go to BC.4. Commissioner Gonzalez: That's the Civilian Investigative Panel? Chair Sanchez: Yes. Commissioner Gonzalez: All right. Register one no vote. Chair Sanchez: Okay. Well, "no" vote on what? Commissioner Gonzalez: Huh? City ofMiami Page 137 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: We haven't even voted on anything. On the appointments? Vice Chair Spence -Jones: Somebody has to appoint somebody. They haven't appointed anybody. Commissioner Gonzalez: Oh, we haven't voted. Okay. Chair Sanchez: Okay. So the nominees for CIP (Civilian Investigative Panel) are? They're all incumbents. Give me the name. Priscilla A. Thompson (City Clerk): Janet McAliley, Timothy C. Moore, Hector Schwerert, and Bess L. McElroy. Chair Sanchez: Okay. Four confirmations by Commision-at-Large. Is there a motion? Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Sarnoff. Commissioner Gonzalez: Discussion. Chair Sanchez: Discussion on the item. You're recognized, Commissioner Gonzalez. Commissioner Gonzalez: I expressed my concern at the last Commission meeting in reference to the lack of representation of the Hispanic community in this board. There was a board meeting after that of the Civilian Investigative Panel, and jokes were make [sic] about my comments; and it was a joke. Whatever I discuss in this Commission meeting was taken as a joke by them. I got resumes of the people that had been appointed to this Board, and let me tell you, this board is going to be composed by Coconut Grove residents and Grove Isle residents, so we might as well change the name to investi -- instead of Civilian Investigative Panel, let's call it the Coconut Grove/Grove Isle Investigative Panel and that make more -- you know -- Commissioner Sarnoff If it makes you -- Commissioner Gonzalez: -- I don't if -- pardon me? Commissioner Sarnoff -- feel any better, it was the only thing I ever fried to get on in the City that they would never let me on. Commissioner Gonzalez: Well, you know, to the -- Commissioner Regalado: Why would they do that? Commissioner Gonzalez: -- people that are looking at this -- Commissioner Sarnoff No. Commissioner Gonzalez: -- you know, Hispanics that understand English and are looking at this meeting, I believe that you're being segregated and you're being discriminated by this board; and that is my point. And I oppose to this appointment. I'm voting against it. Chair Sanchez: Okay. There has been proffered the four names. All in favor, say "aye." City ofMiami Page 138 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 BC.5 08-00316 Office of the City Clerk Commissioner Sarnoff Well, wait, wait. Let me withdraw my second out of respect, and maybe we should do it -- I'm not suggesting -- maybe we should do a deferral in respect to him -- Chair Sanchez: Okay. Commissioner Sarnoff -- to see if -- Chair Sanchez: Well, that's always -- if you withdraw your second, then the proper motion -- there is no motion on the table. Commissioner Gonzalez, want to defer the item? Commissioner Gonzalez: Let's continue the item -- Chair Sanchez: The item has been continued. The second -- Commissioner Gonzalez: -- until they find a solution. Commissioner Sarnoff Second. Commissioner Gonzalez: There needs to be -- I'm sure that there are prominent attorneys, Hispanic attorneys, and they don't necessarily have to be Cubans; let's make that clear, okay? Hispanics, Puerto Ricans, Venezuelans. Hispanics. Chair Sanchez: Okay. Commissioner Gonzalez: We need to have Hispanics on this board. Chair Sanchez: A motion has been made by Commissioner Gonzalez to continue the item, second by Commissioner Sarnoff. We are on BC.4, so therefore, no action will be taken. 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 APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mia Stierheim Commissioner Marc David Sarnoff 08-00316 Memo BIC.pdf 08-00316 BIC Current_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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0203 City ofMiami Page 139 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Mia Stierheim as a member of the Coconut Grove Business Improvement Committee (BIC). Chair Sanchez: We move on to the next item on the agenda, which is BC. 6 [sic]. That's Code Enforcement. All right. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Sarnoff BC.5. Ms. Thompson: BC.5, please. Chair Sanchez: I'm sorry. BC.5. Commissioner Sarnoff Just a quick -- Mia Steirheim, and the other one will be left vacant. Commissioner Gonzalez: Second. Chair Sanchez: Those are your appointments? Commissioner Sarnoff Yes. Chair Sanchez: All right. There's a -- Commissioner Gonzalez: Second. Chair Sanchez: -- motion by Commissioner Sarnoff, second by Commissioner Gonzalez. I do not believe they need any waivers? No waivers required? Ms. Thompson: No, no. Chair Sanchez: Okay. 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.6 08-00365 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Oscar Rodriguez -Fonts Commission -at -Large (Alternate) 08-00365 Memo code.pdf 08-00365 CODE Current_Members.pdf City ofMiami Page 140 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0204 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Oscar Rodriguez -Fonts as the Alternate Commission -at -Large member of the Code Enforcement Board. Chair Sanchez: And now we go to BC.6. BC.6, there's a vacancy. Commissioner Sarnoff I'll defer. Chair Sanchez: All right. There's a -- Commissioner Regalado: The Commission -at -Large alternate, Oscar Rodriguez -Fonts. Commissioner Gonzalez: Second. Priscilla A. Thompson (City Clerk): I'm sorry. Can you repeat that for me, please, Commissioner? Commissioner Regalado: Oscar Rodriguez -Fonts. He used to be at the board. Ms. Thompson: So he would be your nomination for the alternate at -large -- Commissioner Regalado: That -- the Commission alternate. Commissioner Sarnoff Commission -at -Large. Ms. Thompson: That's right. Commissioner Regalado: Yeah. Chair Sanchez: Is he a reappointment or is he an incumbent? Commissioner Regalado: No, no. Ms. Thompson: He's new. Commissioner Regalado: He was there two years ago, but he's coming back. Chair Sanchez: Okay. Madam Clerk, does he need any waivers? Ms. Thompson: No. Chair Sanchez: All right. There's a motion; was made by Commissioner Regalado, second by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" BC.7 08-00363 RESOLUTION City ofMiami Page 141 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Lyse Cuellar Commissioner Tomas Regalado 08-00363 Memo CRB.pdf 08-00363 CRB Current_Members.pdf 08-00363-Community Relations Board Nominees.pdf 08-00363-Resumes.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0205 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Lyse Cuellar as a member of the Community Relations Board. Chair Sanchez: We move on to the next item on the agenda, BC. 7. Priscilla A. Thompson (City Clerk): That would leave -- since Commissioner Gonzalez is deferring his, then we would need an appointment from Commissioner Regalado. Chair Sanchez: Commissioner Regalado, do you have any appointments for that? Commissioner Regalado: Yes, Mr. Chairman. Lyse Cuellar. Ms. Thompson: Okay. Chair Sanchez: Okay. Is there a second? Commissioner Sarnoff Second. I'm -- Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Motion carries. BC.8 08-00317 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. City ofMiami Page 142 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 APPOINTEES: 08-00317 memo.pdf 08-00317 members.pdf NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones CONTINUED Chair Sanchez: BC (Boards and Committees) -- Commissioner Gonzalez: 8. Priscilla A. Thompson (City Clerk): 8. Chair Sanchez: -- 8. I have an appointment. I will defer my appointment. Anyone else has an appointment on this? Ms. Thompson: Spence -Jones does. Chair Sanchez: Vice Chair? Vice Chair Spence -Jones: I'm deferring mine also. Chair Sanchez: All right. Anyone else? Ms. Thompson: Chair, you're getting a question from the floor, but they need to ask it through you, please. Chair Sanchez: A question from the floor reference appointments of boards? Unidentified Speaker: No, just -- I thought the Mayor had an appointment to the Community Relations Board. It's on the agenda. Chair Sanchez: If he didn't proffer a name -- Ms. Thompson: Thank you. If he didn't proffer a name -- Chair Sanchez: -- if he has not proffered a name, and usually the City Clerk proffers the name for him. BC.9 08-00326 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez City ofMiami Page 143 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Tomas Regalado Commissioner Tomas Regalado Maria Bao Commission -at -Large Viona Brown Commission -at -Large James Dixon Commission -at -Large 08-00326 memo.pdf 08-00326 members.pdf 08-00326-Lette rs. pdf CONTINUED Chair Sanchez: Okay. BC.9. BC.9 is Equal Opportunity Advisory Board. There's one appointment. Commissioner Sarnoff I will defer. Chair Sanchez: Okay. Anyone else? Priscilla A. Thompson (City Clerk): You -- Commissioner Gonzalez: Well -- Chair Sanchez: I will -- Ms. Thompson: -- have -- Chair Sanchez: -- I have one. I'll defer mine, too. Anyone else? Any names proffered? None? Okay. BC.10 08-00327 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Humberto Rodriguez Chair Joe Sanchez Juan Martinez Commissioner Marc David Sarnoff Eli Feinberg Commissioner Tomas Regalado City ofMiami Page 144 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Diana Gomez City Manager Pedro G. Hernandez 08-00327 Memo FINANCE.pdf 08-00327 Finance Current_Members.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0206 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Juan Martinez, Humberto Rodriguez, and Diana Gomez as members of the Finance Committee. A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Eli Feinberg as a member of the Finance Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee. Chair Sanchez: BC.10. BC.10, that's the Finance Committee. Commissioner Sarnoff I'll reappoint Juan Martinez. Chair Sanchez: I will reappoint Humberto Rodriguez. Commissioner Regalado: Second. Chair Sanchez: All right. Pedro G. Hernandez (City Manager): Mr. Chairman. Chair Sanchez: There's a motion -- Mr. Hernandez: Mr. Chairman. Chair Sanchez: -- and a second. Mr. Hernandez: I have an appointment on this committee, and I would like to reappoint the Finance director. Chair Sanchez: Oh. I'm going to have pleasure voting against that one. No, no. Okay. Are you -- you're throwing in -- you're throwing his name in the hat? Unidentified Speaker: Her. Chair Sanchez: Her. I'm sorry. Mr. Hernandez: Her name. Chair Sanchez: I apologize. Yes. Commissioner Regalado: In the Finance Committee -- the Finance Committee we're doing? City ofMiami Page 145 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Yes. Commissioner Regalado: It's Eli Feinberg, but he needs a waiver for term limits. Chair Sanchez: All right, but let's do them separately. Let's do them separately with the waivers. So the names that have been proffered is -- Commissioner Sarnoff Oh, I'm sorry. Juan Martinez. Chair Sanchez: Humberto Rodriguez. Mr. Hernandez: Diana Gomez. Chair Sanchez: Okay. Those names have been proffered. They don't need any waivers of any kind. There was a motion made by Commissioner Sarnoff -- Commissioner Gonzalez: I'll second the motion. Chair Sanchez: -- second by Commissioner Regalado and Commissioner Gonzalez. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Regalado proffers Eline [sic] Feinberg with the waivers [sic]; need a second. Commissioner Gonzalez: I'll second that. Chair Sanchez: Second by Commissioner Gonzalez. No discussion on the item with the waivers [sic]. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Passes. BC.11 08-00318 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Angel Gonzalez 08-00318 memo.pdf 08-00318 members.pdf CONTINUED Chair Sanchez: BC.11. Commissioner Gonzalez: I'll defer. Chair Sanchez: Anyone else? City ofMiami Page 146 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Priscilla A. Thompson (City Clerk): No. Commissioner Regalado: Okay. Chair Sanchez: B -- all right. Anyone else on BC.10 [sic]? No appointments on BC.10 [sic]? All right. BC.11 [sic]. Ms. Thompson: He's -- Chair Sanchez: BC.11? Ms. Thompson: Commissioner Gonzalez is deferring. Chair Sanchez: Commissioner Gonzalez, I believe you have an appointment -- Ms. Thompson: He -- Chair Sanchez: -- on BC.11. Commissioner Gonzalez: I'll defer. Chair Sanchez: All right. Commissioner Gonzalez: I'll defer mine. BC.12 08-00357 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Dr. William E. Hopper, Jr. Commissioner Marc David Sarnoff (Citizen) 08-00357 Memo HEP.pdf 08-00357 HEP Current_Members.pdf 08-00357 HEP Applications.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0207 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Dr. William E. Hopper, Jr. as a member of the Historic and Environmental Preservation Board. Chair Sanchez: BC.12. Commissioner Sarnoff I have an appointment, William Hopper. City ofMiami Page 147 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Okay. William Harper? Commissioner Sarnoff Hopper, H-O-P -- Chair Sanchez: Hopper. Commissioner Sarnoff -- P-E-R. Chair Sanchez: Hopper has been proffered. Need a second. Commissioner Gonzalez: I'll second it. Chair Sanchez: Second. Any discussion on the item? Any other names anyone may want to proffer as a nominees [sic]? Priscilla A. Thompson (City Clerk): We have -- District 5 Commissioner, Vice Chair Spence -Jones has a vacancy. Chair Sanchez: You have a vacancy, Vice Chair. Ms. Thompson: Actually, you have an incumbent in that position, and his term would expire on 11 -- expired 11/8/07; and he would need a waiver for absentees [sic]. Chair Sanchez: Yeah, BC.12. Vice Chair Spence -Jones: I think I'm going to appoint Gary Appel. Ms. Thompson: I'm sorry? Chair Sanchez: Gary -- Vice Chair Spence -Jones: Gary Appel. Chair Sanchez: --Appel? Ms. Thompson: His name is not listed in the current applications. If I'm not mistaken, he was appointed earlier, like last month, at a position. So he's already been appointed. Vice Chair Spence -Jones: Okay. Well -- the other person I'm not going to appoint. Chair Sanchez: All right. Vice Chair Spence -Jones: So I'm going to defer. Chair Sanchez: She's deferring, okay. Any other -- anybody else? If not, no names have been proffered on this one. No, no name were proffered on this one; and we move to BC.13. Ms. Thompson: I need a vote. The one -- Commissioner Gonzalez: Commissioner Sarnoff. Ms. Thompson: -- I'm sorry. The name was proffered was Dr. William -- Commissioner Sarnoff Hopper. City ofMiami Page 148 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Thompson: -- Hopper. Chair Sanchez: Oh, yes, yes. Okay. The only name that have been proffered has been by Commissioner Sarnoff. Ms. Thompson: Yes. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Motion carries. BC.13 08-00335 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rolando Aedo Chair Joe Sanchez Eileen Broton Vice Chair Michelle Spence -Jones 08-00335 Memo homeland.pdf 08-00335 Homeland Current_Members.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0208 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Rolando Aedo and Eileen Broton as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chair Sanchez: BC.13. I would -- Ramon de la Cabada had not been attending the meetings. As a matter of fact, he hasn't been there in quite some time. So I'm going to go ahead and reappoint Rolando Aedo. Commissioner Gonzalez: Second. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Can you repeat the name? Orlando -- Chair Sanchez: Rolando Aedo, A-E-D-O. Ms. Thompson: Thank you. City ofMiami Page 149 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Anyone else? Vice Chair Spence -Jones: Yes. I'd like to appoint Eileen Broton. Commissioner Gonzalez: Second. Chair Sanchez: All right. No waivers required? Anyone else that has an appointment on BC.13? Ms. Thompson: That's it. Chair Sanchez: All right. BC.14. Ms. Thompson: We need a vote. Chair Sanchez: Huh? Ms. Thompson: We need a vote. Vice Chair Spence -Jones: Oh. Chair Sanchez: Oh. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" All right. BC.14 08-00039 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Patricia Chestang Duncan Zarifa Brown Reynolds Eric Thompson 08-00039 Memo Liberty City.pdf 08-00039 Liberty Current_Members.pdf 08-00039-Advertise ment. pdf 08-00039-Applications.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones 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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0212 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was City ofMiami Page 150 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 passed unanimously, to appoint Pafricia Chestang Duncan, Zarifa Brown Reynolds, and Eric Thompson as members of the Liberty City Community Revitalization Trust. Chair Sanchez: BC (Boards and Committees) -- Vice Chair Spence -Jones: 14. Chair Sanchez: --14. Vice Chair Spence -Jones: Yes. Mr. Chairman, I'd like to proffer Patricia for the Liberty City Trust. Pafricia Chestang Duncan. She's a principal in the area. Zarifa Brown Reynolds and Eric Thompson. Commissioner Gonzalez: I'll second. Chair Sanchez: All right. There's a second. No waivers needed. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Okay, motion carries. BC.15 07-01213 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Doris Freudman Commissioner Marc David Sarnoff 07-01213 Memo MSEA .pdf 07-01213 MSEA Current_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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0209 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Chair Joe Sanchez as a member of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Doris Freudman as a member of the Miami Sports and Exhibition Authority. Chair Sanchez: BC.15. I need someone to reappoint me to the Miami Sports and Exhibition Authority -- Vice Chair Spence -Jones: I move. City ofMiami Page 151 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: -- to see how long it's going to last. Vice Chair Spence -Jones: I move -- Commissioner Sarnoff So moved. Vice Chair Spence -Jones: -- Commissioner. Chair Sanchez: All right. There's a motion by -- Commissioner Gonzalez: Second. Chair Sanchez: -- the Vice Chair, second by Commissioner Sarnoff and Gonzalez. Any discussion. I don't need any waivers? Priscilla A. Thompson (City Clerk): Right. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, is there anything you want to say? Ms. Thompson: Yeah. You have -- Chair -- Vice Chair Spence -Jones has a vacancy, and then Commissioner Sarnoff does have an appointment as well. Commissioner Sarnoff I'll nominate -- Chair Sanchez: Sports and Exhibition. Commissioner Sarnoff -- Doris Freudman, F R E U D M-A-N. Chair Sanchez: Okay. Vice Chair Spence -Jones: I'm deferring my item -- my person. Chair Sanchez: All right. Commissioner Sarnoff proffers a name. Did you get the name for the record -- Ms. Thompson: Yes. Chair Sanchez: -- Madam Clerk? Ms. Thompson: Yes. Chair Sanchez: We need a second on that. Commissioner Gonzalez: I'll second. Chair Sanchez: Second by Commissioner Gonzalez. The item is under discussion. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 152 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 BC.16 08-00340 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ernest Martin Vice Chair Michelle Spence -Jones 08-00340 Memo planning.pdf 08-00340 Planning Current_Members.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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0210 A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Ernest Martin as a member of the Planning Advisory Board. Chair Sanchez: All right. Vice Chair Spence -Jones: I'd like to prof -- Chair Sanchez: 16, PAB (Planning Advisory Board). Vice Chair Spence -Jones: Yes. Priscilla A. Thompson (City Clerk): Yes. Vice Chair Spence -Jones: I'd like to proffer Dr. Ernie Martin -- Ernest Martin. Chair Sanchez: Oh, yes. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Good choice. All right. He doesn't need any waivers? Ms. Thompson: No. Chair Sanchez: He's a City resident? Ms. Thompson: Correct. And you have another vacancy, Commissioner. Vice Chair Spence -Jones: I'm going to defer that one. Chair Sanchez: Okay. Anyone else, PAB? Ms. Thompson: We need a vote. Chair Sanchez: All right. All in favor, say "aye." City ofMiami Page 153 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.17 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: Rudolph Moreno Commissioner Marc David Sarnoff Todd Tragash Commissioner Marc David Sarnoff 08-00048-Applications.pdf 08-00048 Memo UDRB.pdf 08-00048 UDRB Current_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, Samoff, Sanchez, Regalado and Spence -Jones R-08-0211 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Rudolph Moreno and Todd Tragash as members of the Urban Development Review Board. Chair Sanchez: We move on to RE -- BC.17, which is the Urban Development Review Board. Any reappointments? Anyone may want to proffer a name? Commissioner Sarnoff I proffer Rudolph Moreno and Todd Tragash. Chair Sanchez: Okay. Commissioner Regalado: Second. Chair Sanchez: Any other name? Any other appointments to those boards by any other Commissioner? Priscilla A. Thompson (City Clerk): Vice Chair Spence -Jones has an appointment -- in fact, she has one appointment and one vacancy. Vice Chair Spence -Jones: I'm deferring them. Chair Sanchez: Okay. Anyone else? Commissioner Regalado: Deferring -- Chair Sanchez: If not -- City ofMiami Page 154 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Regalado: -- mine. Chair Sanchez: Okay. Does Commissioner Sarnoff need any waivers? Ms. Thompson: No, he doesn't. Chair Sanchez: All right, he does not. There was a motion and a second on his appointments, and that's BC.17, Urban Development Review Board. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.18 08-00341 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: 08-00341 memo.pdf 08-00341 members.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Mayor Manuel A. Diaz CONTINUED Chair Sanchez: We go to BC.17 [sic], WAB -- Priscilla A. Thompson (City Clerk): 18. Chair Sanchez: -- Waterfront Advisory Board. Vice Chair Spence -Jones: I'd like to proffer Charles Flowers. Chair Sanchez: All right. Ms. Thompson: I'm sorry. Commissioner Sarnoff 18. Ms. Thompson: He's already on that board, ma'am -- Vice Chair Spence -Jones: Okay. Ms. Thompson: -- Vice Chair. He's -- Vice Chair Spence -Jones: Oh. City ofMiami Page 155 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Thompson: -- already there. Vice Chair Spence -Jones: Well, I'd like to keep him then. Ms. Thompson: His term has not expired. Chair Sanchez: Okay. Ms. Thompson: So are you going to then --? Chair Sanchez: She wants to reappoint him. Commissioner Gonzalez: I will defer my appointment. Vice Chair Spence -Jones: I'll defer it. Chair Sanchez: All right. Anyone else on BC.18? Ms. Thompson: Just for the record then, Vice Chair, we'll show yours as a deferral then, right? Vice Chair Spence -Jones: Yes, ma'am. Ms. Thompson: Thank you. Chair Sanchez: Okay. That should take care of all the boards, correct? Vice Chair Spence -Jones: Yes. Ms. Thompson: Correct. Chair Sanchez: Thank God. DISCUSSION ITEMS DI.1 07-01211 DISCUSSION ITEM Department of DISCUSSION CONCERNING A QUARTERLY UPDATE OF Finance NON -REIMBURSABLE GRANT EXPENDITURES. 07-01211 Summary Form.pdf DISCUSSED Chair Sanchez: All right. Let's go on to the blue pages or Commission items, as the Clerk would tell me. District items. Pedro G. Hernandez (City Manager): Mr. Chairman, we're -- we have gone over an item, DI.1. She has to make a ten -second statement. Chair Sanchez: All right. We'll recognize you, and then I have some clean-up language -- clean-up matter that we need to address as to the remaining of the calendar of the year -- Mr. Hernandez: Yes. Chair Sanchez: -- that we discussed; that you proffered some changes that we need to put those City ofMiami Page 156 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 on the record. You're recognized for the record. Diana Gomez: Diana Gomez, Finance director. In an effort to maintain compliance with the requirements of the Financial Integrity Ordinance principles, I will present a quarterly update of nonreimbursable grant expenditures. For the first quarter of fiscal 2008, which is ending December 31, 2007, there are no amounts reported as nonreimbursable grant expenditures. If you have any questions, I'd be happy to answer them. Chair Sanchez: Any reported conditions we should be made aware of? Anything out of the norm that this Commission should be made aware of? Ms. Gomez: right now we're in the process of finalizing our financial statements for the fiscal year 2007. I do not have anything ready right now to present, but we will be bringing it to the Commission once the report has been issued. Chair Sanchez: All right. Any other questions? If not, thank you. Ms. Gomez: Thank you. PART B PZ.1 08-00133zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 8, SECTION 803.6, "COCONUT GROVE NCD-3 COMMERCIAL DISTRICTS", RELATING TO INDIVIDUAL RETAIL ESTABLISHMENTS LOCATED IN THE NEIGHBORHOOD CONSERVATION DISTRICTS (NCD); PROVIDING FOR AN INCREASE IN INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED USES ONLY BY SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Item #2- 08-00133zt- NCD3_PAB 2.20.08-rev.pdf Item #2- 08-00133zt- NCD3_PAB 2.20.08.pdf 08-00133zt PAB Reso.PDF 08-00133zt 03-27-08 Legislation (Version 2) - OLD.pdf 08-00133zt CC FR 03-27-08 Fact Sheet.pdf 08-00133zt 04-10-08 Legislation (Version 2) - OLD.pdf 08-00133zt CC FR 04-10-08 Fact Sheet.pdf 08-00133zt 04-10-08 Legislation (Version 2) - NEW.PDF 08-00133zt CC FR 04-24-08 Fact Sheet.pdf APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 20, 2008 by a vote of 9-0. PURPOSE: This will increase the square footage for grocery stores to be permitted without Special Exception requirement. DEFERRED City ofMiami Page 157 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to defer item PZ.1 to the Commission meeting currently scheduled forApril 24, 2008. Chair Sanchez: Before we go into the personal appearances and before we get into the regular agenda, are there any items to be pulled from the regular agenda so we don't keep people -- busy people sitting here for hours? Are there any items to be pulled from the regular agenda? Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, there's an item on the agenda, which is a zoning item, PZ.1. I've talked to Commissioner Sarnoff and he's supportive of deferring the item, and I think it's proper to do it at this point, so if there's anything -- anybody in the audience that is here for that item that knows that we're deferring the item. Chair Sanchez: All right. We're continuing the item; we're not deferring the item. Commissioner Sarnoff Correct. Mr. Hernandez: It will be to the April 24 agenda. Chair Sanchez: All right. Is there a motion? Motion is made by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Gonzalez. The item has been continued to the April 24 meeting. Priscilla A. Thompson (City Clerk): Actually, it is deferred because it's not the next like meeting, so it is deferred until -- because they stated the date. Chair Sanchez: I stand corrected. Ms. Thompson: Thank you, 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" It is -- the item has been deferred. MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ City ofMiami Page 158 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 D1.1 08-00383 DISCUSSION ITEM DISCUSSION CONCERNING THE ADEQUACY OF STAFFING LEVEL IN THE POLICE DEPARTMENT. DISCUSSION MAY RESULT IN A REQUEST THAT THE CITY MANAGER BRING BACK RECOMMENDATIONS INCLUDING LEGISLATION THAT WOULD EXTEND THE PERIOD FOR POLICE OFFICERS DROP PARTICIPATION PERIOD BEYOND 48 MONTHS. 08-00383 Email.pdf 08-00383-Submittal-Memo. pdf MOTION A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, directing the City Manager to draft and approve a memorandum of understanding (MOU) with the Fraternal Order ofPolice (FOP), Miami Lodge 20, and the International Association of Firefighters, (IAFF), Local 587, to be effective in 45 days, authorizing an additional three-year extension of the Deferred Retirement Option Plan (DROP) for eligible employees, to be independent of any other negotiations pending with the FOP. Direction by Commissioner Gonzalez to the City Manager for him to meet with the Fraternal Order ofPolice (FOP) to discuss the implementation of utilizing detention officers to process detainees instead of sworn police officers. Direction by Vice Chair Spence -Jones to the City Manager to additionally include Solid Waste and its union, Florida Public Employees Council 79, Local 871, in the discussion of the extension of the DROP program for eligible solid waste employees. Chair Sanchez: All right. We'll move on. Let's go ahead and try to get some of the public hearings. First public hearing is RE (Resolution) -- public hearing number 1, and that's going to require a four fifth vote, if I'm not mistaken. Commissioner Gonzalez: Mr. Chairman, are we taking my item because I have -- Chair Sanchez: Oh, I -- Commissioner Gonzalez: -- the -- Chair Sanchez: Yes. I do apologize. Commissioner Gonzalez: -- unions waiting here? Chair Sanchez: If may -- yes. Let me apologize for that. I did receive a memo from Commissioner Gonzalez asking that his item DI [sic], pertaining to adequacy of staffing level in the Police Department, be taken up. As the Chair, I feel that that is a very important item of great concern to this Commission and to the residents of the City ofMiami, so therefore, we'll bring this item out of order, and Commissioner Gonzalez, you are recognized for the record. If we could -- if we're going to have individuals speaking on this item, could we limit the presentation to maybe just the presidents of the unions, if you would allow that? Commissioner Gonzalez: I beg your pardon? Chair Sanchez: If we would allow discussion not -- just to the presidents of the unions instead of Commissioner Gonzalez: Well, I will -- in case we need to ask any questions from the union City ofMiami Page 159 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 presidents -- Chair Sanchez: Okay, perfect. Commissioner Gonzalez: -- that's all -- Chair Sanchez: Perfect. Commissioner Gonzalez: -- but no public comment. Chair Sanchez: Okay. You're recognized for the record on this item, Commissioner Gonzalez. Commissioner Gonzalez: Thank you. I want to thank you and I want to thank my colleagues for allowing me to bring this item out of order. And the reason that I asked for that privilege was based on the fact that I needed to give a time certain to the union presidents for the time that this item was going to be heard. We all know the crisis that our police department has gone through recruiting new officers. Now we're doing better, but we're losing many experienced officers due to retirement and not recruiting enough to compensate the loss. One that I consider a serious problem that should concern all of us is the amount of experienced officers that we're losing, most of them with 25 and 30 years of service, and within every rank and unit. We have the responsibility to help stop that and make sure that we have enough experienced officers in our department until the new recruits gain some of the experience, and at the same time, we achieve satisfactory levels of officers. Let me tell you that I got a report from Miami -Dade County Police Department yesterday, last night. I've been working on this item -- on this issue for the last two months. I have been requesting information from every agency, from every department in our City; some of the information has been provided, some hasn't been provided, but that's part of the game. But I know how to play the game. I got a report from the --from Dade County yesterday. And you should know that in the entire Miami -Dade County, including Unincorporated Dade County, Doral, Palmetto Bay, Miami Lakes, and Cutler Bay, they had 63 robberies last week. In comparison, the City ofMiami by itself had 63 robberies, which means that we has -- are having as many robberies as the entire Dade County in one week. And I haven't brought this statistic to light to blame anybody or to finger point anybody, but to make a point that we need to continue to recruit more officers and keep what we have until we achieve the levels that we need to achieve. I've been asking for some information for, like I say, two months, and finally, I got it this morning. You know, I don't know why they didn't give it to me before. And the -- my questions were simple. How many officers have we lost from 2001 to today? How many officers have we gained from 2001 to today? I believe that with the amount of money that this Commission approves for computers and technology, that should be a question that should be answered in ten minutes. It's a matter of pushing a button on the computer, and we -- you know, it will give you a -- the answer. I don't know why it took two months. I requested it for yesterday at 5 o'clock; it was given to me this morning. But once again, that's the name of the game in this City. According to this report -- and I'm not going to doubt the report -- we have gained about 26 officers in eight years. Chair Sanchez: Since 201 [sic]? Commissioner Gonzalez: Gained 26 officers. Chair Sanchez: Since 201 [sic]? Commissioner Gonzalez: Yeah -- Chair Sanchez: 2001. Commissioner Gonzalez: -- since 201 [sic]. Well, I would like to know how many more City ofMiami Page 160 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 residents do we have in the City. Andl bet you it's thousands. I would like to know how many more businesses we have in the City, which would probably be hundreds. And I would like to know how many other events and things are happening in the City that require more police officers. That tell us that we are not recruiting at the speed that we need to recruit to have proper staffing. Many of the rank in Fire are retiring will stay in the City ofMiami if they could remain in the force for some more years. I have had conversation with the Manager and the unions about extending the DROP (Deferred Retirement Option Plan) for three more years. I also got information -- and I have the bill in my office -- that Tallahassee is right now in the process of passing -- adopting a bill extending their DROP for three more years. As you all know, recruiting police officers is a serious problem nationally. It's not only the City ofMiami; it's all over the nation. Another point that -- another significant point is that there may be a question how much is this going to cost? Well, for your knowledge, the budget that we have for overtime last year in 2007 was $6 million. We had to adjust the budget to 10, 800, 000. Our current year budget for overtime was $6 million for the entire year. We have spend in the first three months of this year 6,188, 674, which tell us that we already are over budget and we will have to adjust the budget again, and we may end up spending $12 million in overtime. So if there is a concern about how much money this is going to cost, there you have your answer. I have consulted with our Legal Department, and I have -- I wanted to cover all bases to make sure that when I do my presentation, you were all inform -- and our Legal Department gave me a legal opinion that says that the Commission can direct the City Manager to work with the police union in order to achieve the goal of extending the DROP. All that it is required to extend the DROP is a memorandum of understanding between the City and the union. I believe that, like I said before, we need to retain the experience that we have in our department. We cannot afford to have a department that is only living on recruits. And that's why I have a motion to make, but I want to know if any of my colleagues have any questions on this matter. I'd be glad to answer to the best of my ability. Yes, Com -- Chair Sanchez: Commissioner Regalado. I would just like to add a friendly amendment to your motion. Commissioner Regalado, you're recognized. Commissioner Regalado: Oh. Thank you very much. First of all, I second the motion, Mr. Chairman, by Commissioner Gonzalez, and ifI understood, the motion is to direct the City Manager to -- Commissioner Gonzalez: I would like -- ifyou allow me, I would like to make the motion so you Commissioner Regalado: Right, right. Commissioner Gonzalez: -- understand what my -- Commissioner Regalado: But -- Commissioner Gonzalez: -- motion is because it's going to be kind of complicated because -- Commissioner Regalado: Right, because -- Commissioner Gonzalez: -- Commissioner Regalado, as you know, there are some games being played -- Commissioner Regalado: And I was -- Commissioner Gonzalez: -- and I don't want to use my motion as a gamble piece by the Administration, so I want to make my motion very clear, and I hope to have the support of my colleagues on this motion. My motion is to direct the City Manager to draft and approve an City ofMiami Page 161 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 MOU (Memorandum of Understanding) with the FOP (Fraternal Order ofPolice), to take effect in the next 45 days, independently of any other matters or negotiations pending with the FOP. What I don't want them to do, I don't want the Administration to take my motion or our motion and use it as a leverage and then prolong it and prolong it and be playing with this motion for the next five years, as they did on extending -- on renewing their contract. They were without a contract for four years. I don't want them to use this motion to play games and hold the union hostage for five years. Commissioner Regalado: And I was going to mention that because on the memo that was distributed -- Chair Sanchez: Commissioner Regalado -- Commissioner Regalado: -- this morn -- Chair Sanchez: -- do you second that motion? Commissioner Regalado: Yes, I second that motion. Chair Sanchez: Okay. For the record, there's a motion and a second, as stated by Commissioner Gonzalez. Commissioner Regalado: And my comment was that in the memo distributed this morning, the only issue was the cost, and as you explained, we are paying more because we have less officers. Not only that, we are about to approve this morning another ordinance that would require a police action throughout downtown Miami because it's a police matter, the panhandling ordinance. That would not be Code Enforcement nor NET (Neighborhood Enhancement Team) or -- but it would be police department. We cannot keep throwing more work on a police force that is overworked and that has many, many issues of morale in this moment. So I am -- I just want to congratulate you. Because let me tell you, in our office -- and I'm sure in your office and everyone's office -- the major complaint everyday are robberies, crime. I can document it for you, and I don't want to extend this, but the main concern of the people in the areas that we represent is the need for more police. If we can get those who are experienced -- and mind you, yesterday, just yesterday, some -- an experienced police officer was able to bring down a drug house that it was operating half a block from a church and in the middle of a residential where underage kids were given drugs and drinks, and that house was the main concern for so many residents of the area. So I congratulate you for your work and your diligence, and I just hope that this resolution, this direction to the Manager will be complied exactly as directed by the City Commission because on the other matter relating to the police, the direction that the Manager received was not followed in terms of the work for the future stadium in the Orange Bowl. But I just want to make that comment and congratulate you, Commissioner Gonzalez, for -- Commissioner Gonzalez: Thank you. Commissioner Regalado: -- your homework on this. Chair Sanchez: Commissioner Gonzalez -- Julie O. Bru (City Attorney): Mr. Chairman, ifI may? Chair Sanchez: Could you hold on for a minute? Ms. Bru: Sure. Chair Sanchez: Unless -- City ofMiami Page 162 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Bru: Well -- Chair Sanchez: -- Commissioner Gonzalez, you want to be recognized? Ms. Bru: Yes, Mr. Chairman. It's just with respect to the motion. I just want to make sure for the record that there may be some technical and legal requirements regarding an amendment to an existing ordinance that codifies the DROP program. We would have to follow up on that too and perhaps a ratification by the parties of the memorandum of understanding. Chair Sanchez: That -- Ms. Bru: So -- Commissioner Gonzalez: Okay. Whatever it takes, what I want is -- Chair Sanchez: Yeah. Commissioner Gonzalez: --I want to make sure that it gets done in the next 45 days. I will be available 24 hours, 7 days a week, okay, to work with you on whatever you need. And I'm sure the unions are ready and, you know, willing to cooperate and to work with you. But we want to expedite the process and we'll get it done within the next 45 days. Chair Sanchez: Let me just take the opportunity, Commissioner, to praise you on that legislative work. The reports clearly state that we're spending more money on overtime that we could be using those monies to hire new police officers, and above all, to keep the resource, the experience that a police officer who's been on for 20 to 25 or 23 to 28 years has -- really, it's -- you can't put a price on that experience. So this is something that we need to look at. It -- whatever the legality may need, you could come back with it, Madam Attorney, and we'll explore that. I wanted to present a friendly amendment looking at -- on what this does to the police and fire; both of them are under the same pension. And what I would ask is a friendly amendment to include the Fire Department just to have them take it to their department, doesn't mean that they're going to agree with it. They may not opt for it. But at least it allows them the opportunity to take it back to their union and have it discussed and debated upon [sic] their members and then whether they agree for it or not. Because, you know, you also have a lot of firefighters that are under that situation where they maybe have -- you know, they have an opportunity that they leave today or they could stay. And also, once again, you can't put a price on experience when it comes to public safety. Commissioner Gonzalez: I'll accept -- Chair Sanchez: So, if you would allow me to accept that -- Commissioner Gonzalez: -- the amendment. Chair Sanchez: -- proffer that amendment. Okay. Thank you. Any further discussion? Commissioner Sarnoff Yeah. Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Well, I just want to commend you, Commissioner Gonzalez, 'cause you've know said the second most profound thing I've heard on the dais, and you said the most profound thing on the dais when you said during budgets, I may not matter 364 days a year, but today I matter." And I think all of us believed when we passed the budget -- and we didn't -- we City ofMiami Page 163 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 actually had to override Tallahassee's indication to us. We believed that we were putting about 100 more police officers on the street, and that was the overriding reason that I approved that budget was because I believed we were putting more police officers on that street. So what we've learned through you is that we've put, I think, 26 more police officers on the street since 2001. So I really commend you on the efforts that you've done. I just want to bring one slight issue to bear to mind for everyone. 'Cause we had a crime forum about six weeks ago. And one of the reasons I wanted to have the forum was I've heard Chief Fernandez time and time again say show me somebody I haven't arrested before and I'll take you to lunch. And he was unfortunately right. We have a recidivism problem in the City ofMiami or in, actually, Miami -Dade County that is nothing short of stellar. And I wanted to bring some things to mind for you guys. Coconut Grove, we had an operation. Fifty-one people were arrested in a span of about six hours, all felonies. By the next day, 40 were out on release. Chair Sanchez: All right. Revolving door syndrome. Commissioner Sarnoff The revolving door. Now we did identify a very interesting issue. I'm working with the City Manager on it, and he's graciously agreed to help. Let me just describe something to you when a person gets arrested. Person gets arrested, they get placed to central lockup in Dade County. They then spend between five and a half to six hours sitting, waiting from their shift for the intake of the prisoner. To give you a comparable, because of a computer system, Orange County, Florida, which is Orlando, it takes them 20 minutes to book the person. And that's something we identified, and we even have the name of the computer system, and the Manager and I are going to meet with Tim Ryan, who is the director of the Dade County lockup. So what we learned is -- and I know we all want to put more police officers on the street, but you don't want them arresting the same guy 40, 50, 60 times. And you also may want to look at how is it people can be released on felony charges. 'Cause these cops get frustrated. I mean, 51 -- you know -- and do you know how many of the 51 are under arrest today? This operation was six weeks ago. Fifty are on release. Five -oh. So that means only one person, who were all charged with felonies, remains in jail today. How frustrating is it for a commander, how frustrating is it for a major, how frustrating is it for a uniformed police officer to say, "What's the use? He'll be back on the street tomorrow." So I commend you, I laud you. I think you did a fantastic job here, but it's only part of the answer. And including the jail system, again, is only part of the answer. I could tell you one last thing with regard to this jail system. It was built in 1961. It was built to house 5, 000 prisoners. It was intended to take in 70 to 80 prisoners a day. It takes in presently 4 to 500 prisoners per day. It has had two major renovations; one was an elevator and the other were cameras. It presently houses 7, 600 prisoners; many have been there over three years and one has been there over 7 years. If you don't think our system is broken, you haven't looked at our system. And what I presented to the City Manager was a system that they thought was broken in Orange County. We don't even come close. They don't even come close to the studies that they've done to what they have worked on, and we don't need to reinvent the wheel here, folks. We can simply -- one of the areas of fixing is to take the Orange County system, make our 38 municipal police departments capable of only handing over a prisoner and spending 20 minutes in bringing them in. 'Cause think about this for one moment. You're a police officer. You're four hours into your shift. You've just -- you contemplate arresting somebody. Are you going to make that arrest and spend 5.5 hours waiting for the system to take it in? You're 7 hours into your shift, you're contemplating arresting somebody. You going to spend another 5.5 hours arresting that person? I just -- I applaud you. Again, I absolutely endorse this, I support it, but I think it's only part of the answer. We've got to get these police officers, we've got to get our citizens out of the revolving door of -- Commissioner Gonzalez: Would you yield? Would you yield? Commissioner Sarnoff Would --? Excuse me? Commissioner Gonzalez: Would you yield to me? City ofMiami Page 164 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff Yes. Commissioner Gonzalez: On the issue -- Commissioner Sarnoff Absolutely. Commissioner Gonzalez: -- you touched a very important point, and it was something that I also wanted to address today. As you remember, we approved -- I don't know if it was 10 or 12 positions for detention officers. Commissioner Sarnoff Right. Commissioner Gonzalez: I don't know if you're aware that every time that one of our officers make an arrest, they have to spend between one and a half and two hours to transport and book that prisoner. It's one and a hour or two hours that we're losing, sometimes even more. It all depends on the deadlock of the jail and where do they have to transport that prisoner. And that is something that the union has been trying to work with the Adminisfration and the Adminisfration hasn't, I believe, been responsive. And I want to include in our direction today to the Manager that finally sit down with the union and go through the proper procedure and paperwork and whatever to implement the detention officers because that is going to relieve whatever it is, 10 or 12 police officers in every shift working with the detainees instead of having sworn police officers spending the time at the jailhouse. Commissioner Sarnoff No. I -- Commissioner Gonzalez: Thank you. Commissioner Sarnoff -- agree with you, but I -- but this is not just a City ofMiami problem; this is a Dade County problem. Commissioner Gonzalez: It's a Dade County problem. Commissioner Sarnoff And we are one of thirty-eight municipalities -- Commissioner Gonzalez: Yeah. Commissioner Sarnoff -- that have to spend that length of time. And you're dead right. All I'm -- what I'm suggesting is that we have more here to fix and we're a big player but a bit of the player. And I think, from our citizen standpoint, we've got to get a grip on crime. You could show me any statistic 'cause I think you can show you any statistic, and you can believe it, disbelieve it, but you know crime is on the rise. Commissioner Gonzalez: Oh, definitely. Chair Sanchez: All right. Commissioner Sarnoff And this is -- I completely applaud you on this, and I absolutely wish I was the seconder. Commissioner Gonzalez: Thank you, sir. Chair Sanchez: All right. Vice Chair Spence -Jones, you're recognized, and then we'll take it to a vote. City ofMiami Page 165 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: Sure. First of all, I want to commend Commissioner Gonzalez once again for, you know, his leadership on this issue. I think all of us are in agreement with you and -- on this issue and we support you 100 percent. I want to just touch on one quick, little issue real fast. One, Commissioner Sarnoff totally agree with you on the issue of the revolving door. Overtown is a prime example or breeding ground of that. You know, as soon as we arrest one person, then you're -- once again, they're back on the streets again. But you know, I want everyone to also be very clear, though, as the economy gets worse, and I'm saying it gets worse, that means that the crime is only going to get worse. People are desperate for whatever reason, and you think we have a crime issue right now, with gas going up to four dollars, with people not being able to afford their rents, you're going to see even more crime happening in the City of Miami. So that's why I'm always a big proponent for prevention and coming up with ways to support youth so they don't take those alternatives or utilize those alternatives and also supporting social services that provides these families with alternatives. So while I do understand how important it is to arrest the bad guy, I think that it's also extremely important for us to come up with measures to prevent the crimes from happening in the first place. So I wanted to at least make that statement. I think that it's also -- I know that we've talked about police. We've talked about fire, and I understand that these issues are public safety issues, and quite frankly, they do rank higher on the list, butl do want to at least make sure that we're also clear -- I'd like to at least make this recommendation to the City Manager, as our city grows by leaps and bounds and the number of people that are going to be coming to live in our city or that are already living in our city, I think that it's extremely important for us also to look at Solid Waste. So I'm going to ask for the City Manager to please also look at the Solid Waste issue because I'm sure that we're going to have issues with DROP -- with the DROP happening with Solid Waste and we already don't have enough garbage workers already as it is even picking up the trash. So I'm going to ask that at least you also at least, Mr. City Manager, consider that as a part of this overall initiative because I think that it's important. If our streets are dirty and they're not clean because we don't have enough good workers working on the street, then guess what? We're going to still have a crime issue because dirty neighborhoods equal also more crime happening in the community, so I would like to make that recommendation. In closing, I would like for the City Police Department -- I think that we've heard a sentiment to a certain extent of a morale issue happening on a lot of these things that we've heard today, and I'm hoping that we're going to see changes, you know, as we move forth. Butl would like to get -- I don't know if Chief Burden is -- is he here? Mr. Hernandez: Yes. Vice Chair Spence -Jones: I'd like for him to step to the mike for one second for me, please. Because this is an issue that think that this is really important; it ties into Commissioner Gonzalez's motion today or item today. I think that it's really important. I would like to have -- with the number of experienced officers leaving for whatever reason, I would like for you to provide us with the number of minorities in leader -- that are in a leadership level that are going to be affected by this issue of the DROP because we already don't have enough lieutenants. And how many lieutenants do we have that are African American on the force now? Assistant ChiefAdam Burden (Police): Right now we have three. Vice Chair Spence -Jones: Sir, state your name for the record. Assistant Chief Burden: Assistant ChiefAdam Burden, Administration Division. African American lieutenants, we have three. Vice Chair Spence -Jones: Okay. And how many sergeants? Assistant Chief Burden: I would have to double-check, but as far as sergeants are concerned, we don't see a problem right now as far as the ratio ofAfrican Americans compared to the other City ofMiami Page 166 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 groups. Vice Chair Spence -Jones: But do we -- the lieutenants part of it, we do, right? Assistant Chief Burden: The lieutenants, there is definitely a problem as far as African Americans. Vice Chair Spence -Jones: Okay. And so -- do you -- and in closing, do you feel that the DROP also is going to be -- create a even bigger effect for the number of women and minorities that are going to be affected by this issue? Assistant Chief Burden: Well, because there's, you know, not that many, I -- the lieutenants that we do have, they aren't in the DROP. We have some upper -level African American staff members who are in the DROP, and you know, that could affect them. Vice Chair Spence -Jones: So we will see a serious decrease from -- or at least a decrease from that -- from the DROP -- Assistant Chief Burden: Yes. That -- Vice Chair Spence -Jones: -- a loss of them. Assistant Chief Burden: -- could affect them, yes. Vice Chair Spence -Jones: Okay. I would like for you to provide me, in closing, just a -- some sort of corrective plan or some sort of plan that you guys are putting in place to address this issue of the number ofAfrican Americans and women that are lacking in the police department because of the issue or -- Assistant Chief Burden: Yes. And -- Vice Chair Spence -Jones: -- that can be affected by the DROP because of this. Assistant Chief Burden: A plan is in place, and you know -- Vice Chair Spence -Jones: Okay, good. Assistant Chief Burden: -- we met with City Administration, and there're some things that are taking place to address those issues. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Thank you very much, chief. Chair Sanchez: All right. Assistant Chief Burden: You're welcome. Chair Sanchez: Thank you. There's a motion and a second. Mr. Hernandez: Mr. Chair. Commissioner Gonzalez: Before calling the question, I would like to give the union presidents an opportunity to address the Commission, just two minutes. City ofMiami Page 167 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Okay. Two minutes. We'll have -- Commissioner Gonzalez: And I want to also add another point. In support of whatI'm trying to propose, we lost eight people in January; we lost nine in February, and we lost thirty-one in March. Commissioner Regalado: Thirty-one? Chair Sanchez: Sir, you're recognized for the record. Name and title. Armando Aguilar: Good morning, Commissioners. Armando Aguilar, president ofMiami Fraternal Order of Police, 710 Southwest 12th Avenue. And I want to thank you, Commissioner, for coming up with this idea. But just got this report about an hour ago, where the City is saying that there is actually a cost to the DROP program. Mind you, we've done a bunch of studies, of actuarial studies, even prior to this when we initiated the DROP, and the DROP is cost neutral to the City. They point out a lot of things thatl don't agree with in this report. A lot of them being that these officers have extra years in the department and they will be getting more longevity raises and step raises. By the time you get to the DROP program, you already past all that. Never mind after you've already done your first four years -- Commissioner Gonzalez: Right. Mr. Aguilar: -- so I really question the numbers in the study, not to mention the fact that you're no longer contributing to the pension. And I'm glad you actually put a deadline for us to meet 'cause I'm still waiting to fry to save the City millions of dollars by stabilizing the pension cost. I gave the Manager the numbers in December and we haven't met once. So I'm glad there's a deadline on that; as well as the convicted felon policy, which we never got done. So I wish there were deadlines on everything around here. Thank you, sir. Chair Sanchez: Thank you. Next speaker. Commissioner Gonzalez: Thank you. Commissioner Regalado: Mr. Chairman, can I ask a question? Mr. Aguilar, you -- you're saying that you don't agree with some of the information on this report that we have today. Mr. Aguilar: That is correct, sir. Commissioner Gonzalez: Me neither. By the way, me neither. Commissioner Regalado: Huh? Commissioner Gonzalez: I didn't want to bring -- me neither. I didn't want to bring it up, butl also don't agree with the information. I think the information is misleading. Commissioner Regalado: Okay. Which brings me to this, which I think is very important because the only tool that we have here is information at the time we vote. And if we don't get the right information -- thanks to Commissioner Gonzalez now we know that there are 102 officers in the DROP; that we have only been able to acquire 25 new police officers since 2000 -- Chair Sanchez: Twenty-six. Commissioner Regalado: -- 26, although we announced to the people ofMiami that we have hired -- the word was, when we approved the budget, we will have 100 new police officers. I'm troubled because last March 17, the Manager sent a response of a request that this Commission City ofMiami Page 168 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 had regarding information provided to the media by the chief and by the union. In that case we got an e-mail (electronic) from the chief saying that what the union had said to the media was a lie, and it had to do with the issue of public record request and the so-called investigation about the stats and all that and the morale. And I'm troubled because what the Manager responded was that there was no issue, that you were wrong. But then you come back and said you were -- nobody talked to you, nobody got the facts. I have the facts. It contradicts what the Manager said, and I wonder if we got wrong information in this report that you send, Mr. Manager, because that would be a matter of concern in this very important issue. They called you a liar. Mr. Aguilar: Yes, sir, they did. Commissioner Regalado: So what is the result? How would you respond to the respond [sic] that we got from the Manager? Mr. Aguilar: Well, Commissioner, on October 12, 2007, Chief Timoney sent an e-mail, as you said, to all the Commissioners at the request of the City Manager. The e-mail was an attempt by Chief Timoney to contradict information given out by Channel 4 News. Chief Timoney claimed that the information that gave Channel 4 was a deliberate lie. Feeling insulted, I responded to it and gave the response to all of you. During a subsequent Commission meeting, you ordered an investigation to be done. On March 17, 2008, the City Manager submitted the results of the investigation to you. And I was very surprised that the investigation had been concluded in light of the fact thatl was never interviewed in order to get both sides of the story. As a result, this one-sided investigation contained a number of errors; one being the public records request was May -- September 7, 2007. After repeated requests for the information, a lawsuit was filed September 27, 2007. The investigation states that the lawsuit was filed September 21, which is totally erroneous, and it says that the same day the information was filed -- the same day that the information was requested, it was made available to us the same day we filed the lawsuit, which is totally incorrect. We did not receive the information until October 1, 2007. By that time, we not only filed a lawsuit, but we already had a hearing date. Timoney said that it was a lie that we even had to file a lawsuit to get a public records request. I don't know how that can be construed as a misunderstanding. On the second issue that addressed was a part of the investigation that had to do on whether a report was needed in an incident where a man was shot and taken to veteran's hospital. Manager's response to this was that there's an ongoing investigation by FDLE (Florida Department of Law Enforcement) and the FBI (Federal Bureau of Investigations) on the falsification of crime statistic, which is correct. But my complaint accused the chief of giving false information to the Commission on whether a report was needed to be made in this case. I cited that the chiefs own departmental order, which showed that the information that was being provided to the Commission was incorrect. Our departmental orders, which he should well know, clearly states that a report had to be made in that case. I did not expect the Manager to investigate whether the crime statistics were being falsified or not; that wasn't part of my complaint. Once again, it appears that we're covering up things here and you're not getting the right information on several arenas. Chair Sanchez: Commissioner Regalado, with all due respect, sir, let's get back to the DROP -- the item that's being discussed. That's irrelevant to this discussion. So let's take a vote on this. Commissioner Regalado: I would love to vote, but don't think it's irrelevant. I think that any matter related to the police, to the morale, to the position of the union -- actually, Commissioner Gonzalez did and said a very intelligent thing. Do this without negotiating any other issues because you have the issue of the stadium, you have the issue -- I mean, the president of the union just said on the record that we were given wrong information by the Manager regarding the Police Department. That is a matter of concern. So I think it's relevant. I think that -- Chair Sanchez: Well -- City ofMiami Page 169 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Regalado: -- it needs to be discussed as a -- Chair Sanchez: -- with all due respect -- Commissioner Regalado: -- whole and -- Chair Sanchez: -- I think it's irrelevant -- Commissioner Regalado: -- Mr. Chairman, I'm -- Chair Sanchez: -- and I'm the Chair. Commissioner Regalado: -- willing to vote. Chair Sanchez: And I'm asking you to respect the Chair. The item that's being -- Commissioner Regalado: Absolutely. Chair Sanchez: -- discussed is based on the plan for the DROP of sworn officers, and you're taking this into other fields that I think it's completely irrelevant, and I've got to get some order in this agenda or else it's just going to get -- Commissioner Regalado: Absolutely. Chair Sanchez: -- out of order. So with all due respect -- Commissioner Regalado: I'm ready to vote. Chair Sanchez: -- I ask you to work with me. Are you prepared to vote on this item? Commissioner Regalado: I'm ready to vote. Chair Sanchez: All right. There's a motion, second. See, Commiss -- it's going to get -- you want -- Mr. Hernandez: No. I'm talking about the issue of -- Chair Sanchez: If it's pertaining to this issue -- Mr. Hernandez: Exactly. That's what it -- Chair Sanchez: Okay. Mr. Hernandez: -- is. Chair Sanchez: Nothing else. You know, not -- Mr. Hernandez: But it's very important to note when I came to the City, you didn't have a fire or police contract. You were losing police right and left. I think that that was my first priority, and I got that done. And since that time the recruitment has taken off. Right now we have two classes that have started. We have a third one that is going to start very soon, and we're planning to do another recruiting class in this year. I support what the Commissioner was proposing because we need to catch up, okay, and we've been behind for a long time. Now we have an opportunity to catch up. The recruitment is finally moving because now we're atfractive. It's an atfractive place for people to work in the City ofMiami. The DROP provides officers that City ofMiami Page 170 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 have experience to be able to stay around while we bring in new faces, new officers. So that will give us stability and allow us -- for us to be able to do that catching up that we need to do. Otherwise, we'll be in the same boat that we were before, just gaining one or two a year because we hardly could keep with attrition. So that's very important. But it goes back to the fact that we were able to negotiate that contract and to be able to then do aggressive recruiting. And that's, I think, very significant to be mentioned. And I'm very committing [sic] to increase the strength of our force. I think that's -- Chair Sanchez: All right. Mr. Hernandez: -- extremely important. And -- Chair Sanchez: All right. Mr. Hernandez: -- there are no, you know, games at all on the Administration side, and we did provide the information like three weeks ago or so, and stand behind that, but I'm here, more than anything else, to help in moving this forward. Commissioner Gonzalez: Mr. Manager, we all applaud you for what you did with the contract, but it is very important that we continue to take up issues and work on them. And the issue of the DROP is important, and the issue of the detention officers is also very important because it will help us relieve many of the officers that are spent -- like I said before, and Commissioner Sarnoff mentioned it, we have officers that spend hours and hours just sitting at the Dade County Jail trying to book a prisoner. So -- Mr. Hernandez: You're right, you're right. Commissioner Gonzalez: -- both issues are very important. Mr. Hernandez: Yes, and we're working on that one, too. Commissioner Gonzalez: Thank you. Chair Sanchez: All right. There's a motion -- Vice Chair Spence -Jones: I know you got a motion and second. I just want to add, Commissioner Sanchez, I agree with Commissioner Gonzalez andl agree with Commissioner Regalado on the issues and the concerns regarding FOP and the Police Department. Pete, I don't think anyone is really questioning your leadership or your commitment to get things done. And we understand -- most of us understand that most of the time you're frying to be a peacemaker on both sides of the track. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: And sometimes, you know, you have to shake things up because, you know, they need to be shooken [sic] up. And I think that that's been -- I think the frustration you hear from Armando and FOP is that, you know, they want to make sure that they have a solid relationship with their manager on key issues regarding their officers, and I don't think that they're wrong for that. I think that ifArmando and FOP is requesting -- I mean, I'm glad that he even mentioned the issue, Armando, on the policy that I've been waiting on that we've been talking about for almost nine months, you know. And I understand, you know, you don't want to shake things up, you know; you're trying to be the peacemaker. I think the most important thing, though, is, you know, if we make a decision on this dais and we all agree on it and vote on it, that it should not change once it leaves the dais. And I think that that's what you're hearing today. I don't think anyone is questioning your leadership or your commitment, Mr. Manager. City ofMiami Page 171 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 And we all -- Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: -- let me finish -- appreciate everything that you do for our disfrict, working with us to get things done. So I just want you to be clear on -- I don't want you to feel like this is a roundup on the Manager. I think that, you know, the reality is we cannot skate around the issue that we do have a morale issue happening in the Police Department, and I think that what you're hearing today is just an example of the many things that, you know, are mounting, so I'm hoping FOP, even on -- down to the stadium issue -- and every time I get briefed, I get -- you know, one meeting I get one different briefing, and then another meeting I get another briefing. I'm just hoping that, you know, we can continue to build our relationship with FOP so that we could support our officers the way that they need to be supported, so that's - - I just want you to at least leave away from this conversation not feeling like the Commissioners are trying to round you up. Butl do think that you need to acknowledge and understand that you do have a issue happening in the department. Mr. Hernandez: There's no question, Commissioner. And the union cannot say that don't have a good relationship with them, but it cuts both ways. I think that if they have information that disputes my numbers or information, they should be coming to see me. We have an open door. I'm always there for them. So I wish that rather than being -- distributing information in other places, that they should be talking to me. Chair Sanchez: All right. There's a motion and a second. The item has been amended. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Commissioner Gonzalez: I would like to acknowledge and recognize the president of the HOA, and also, a representative of the Afro-American officers, Officer Reynolds. Thank you for being here today. I appreciate your support, and we'll continue to work with you. Chair Sanchez: Thank you. DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-00385 DISCUSSION ITEM DISCUSSION REGARDING THE WALL WHICH RUNS ADJACENT TO US1 THROUGH COCONUT GROVE AKA THE PINK WALL. 08-00385 Email.pdf CONTINUED Item D2.1 was continued to the Commission meeting currently scheduled for May 8, 2008. Chair Sanchez: Okay. Let's go to the disfrict items. It's my understanding that the Mayor has no items. Commissioner Sarnoff will defer his item. I have no items. DISTRICT 3 CHAIR JOE SANCHEZ City ofMiami Page 172 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00302 DISCUSSION ITEM DISCUSSION CONCERNING THE FUNDING SHORTFALL FOR ACTION COMMUNITY CENTER INC. 08-00302 Memo.pdf DISCUSSED Commissioner Regalado: No. But do have an item that was defer the other day, and I know that you also have taken the lead on this case. It's the funding for Action Community Center, Inc. And the reason that wanted to discuss is because I have this letter from Mayor Carlos Alvarez from the County. I think -- I decided to write to Mayor Alvarez and several County Commissioners asking for funding so we can help the City in helpingAccion to continue. And there is something here in this letter that don't understand, and maybe Pilar can probably help us understand. The letter says, "Dear Commissioner Regalado, thank you for your recent letter" -- this was date four -- let me see -- five days ago -- "regarding funding for the Action Community Center, also known asAccion. As you are aware, the fiscal year 2007/2008 adopted budget included 16, 000 for elderly transportation services. Please be advised that there is an additional award of 15, 000 through a disfrict response grant previously awarded to the agency. This additional funding requires Board of County Commission approval. The resolution authorizing the award has been prepared and will be presented to the Board for consideration as soon as possible. The Department of Human Services will contact the agency as soon as the funds become available. Should you have additional concern, " blah, blah. Mayor Alvarez. What don't understand here is that he says that there is an additional award of 15, 000 through a disfrict response, district Commissioner, previously award to the agency. So it was previously, but he says that this needs board approval. I have no idea what he means with it. Maria Del Pilar Aldo: I have no idea either. Commissioner Regalado: Okay. I will give you the letter, Ms. Aldo, and maybe you can sort out this; because if it's $15, 000 additional, it's $15, 000 additional. I don't understand what he means by that, but maybe she knows. Ms. Del Pilar Aldo: My name is Maria Del Pilar Aldo, 2900 Southwest 4 Avenue, Miami, Florida. I have the idea -- I have from Dade County only in this fiscal year $16,000. This is the 16,000 he's talking about. Chair Sanchez: Sixty or --? Ms. Del Pilar Aldo: 16, one -- Commissioner Regalado: sixteen. Ms. Del Pilar Aldo: -- six. Chair Sanchez: Oh, (UNINTELLIGIBLE). Ms. Del Pilar Aldo: Sixteen. Commissioner Regalado: Yeah, but he says that there is 15,000 additional -- City ofMiami Page 173 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Del Pilar Aldo: No, I don't -- Commissioner Regalado: -- from a disfrict -- Ms. Del Pilar Aldo: -- have anyone. Commissioner Regalado: Well -- Ms. Del Pilar Aldo: That's the only have. Commissioner Regalado: -- maybe you are getting that. Maybe you will be getting that from a disfrict Commission [sic] -- Ms. Del Pilar Aldo: Maybe -- Commissioner Regalado: -- grant. Ms. Del Pilar Aldo: -- in the future, I have 15 more. Commissioner Regalado: I don't -- I just think that, you know, when we ask, sometimes we get. And I just think that regardless of all the cuts that the County is announcing that they well be doing, I just think that we need to be proactive and request them that they should also be responsible because these resident are the same residents that they represent. They live in the City ofMiami, but the City ofMiami is within Miami -Dade County. All of us, we pay taxes. If -- even the elderly pay taxes to Miami -Dade County by the sales tax, by the gas tax, by everything. So it is a shared responsibility. The State soon be cutting a lot of funds. We will hear from the State and probably be shock in the next two weeks of the cuts that they are going to have in different areas of their budget, but think that we should be very proactive. And I really thank the Administration because they were really active in getting the letter out. I have a very good working relationship with Commissioner Rebecca Sosa and Commissioner Bruno Barreiro. He is my Commissioner, my district Commissioner. Commissioner Rebecca Sosa was my youngest son teacher for many years, and she call me to said [sic] (comments in Spanish), "You're driving me crazy" because more than 600 persons have gone or call -- Ms. Del Pilar Aldo: Call. Commissioner Regalado: -- her office, and this is important, you know. I think that if we make a team, County Commissioners and City Commissioners and -- because you do -- I have -- and mind you, in Commissioner Gonzalez disfrict, you transport 44 percent of the people. Ms. Del Pilar Aldo: He the highest percent. Commissioner Regalado: In our disfrict, 15 percent, but only one person that does not receive that service is a reason enough to go fight -- Ms. Del Pilar Aldo: That's right. Commissioner Regalado: -- because you know, the people that you are transporting are the people that did all the work for us to be where we are today, and if we don't respect our elders, there is nothing else that we respect. So I am willing to go again to the County. I think that the response from Mayor Alvarez is encouraging because at least he's saying that you will be getting $15, 000 more. And I think we should go, and I will make a commitment to ask other County Commissioners from the discretionary fund to go help you, but please do not stop the service. That's all will say. City ofMiami Page 174 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Ms. Del Pilar Aldo: Thank you. Chair Sanchez: I must be having a deja vu 'cause about the Commission -- one Commission ago or two Commission ago we sat here and each Commissioner, knowing what your crisis was, some of the Commissioners -- and one Commissioner, not having the money, digged [sic] into his office account, and we were able to raise you like $30, 000; and this was a letter that was written, that same letter; and we basically spoke about getting all the other Commissioners from the County to come on board, and they have way more money than we do in their accounts to help you overcome the crisis that you're going through. Because we're all very concerned, and not only are we very concerned -- I mean, we need to be -- we need to start getting very creative, you, yourself going out and frying to find money in the private sector and us doing whatever we can to make sure that your services are still provided, so -- I mean, what was said here was -- already been said in the past, so -- Ms. Del Pilar Aldo: That's right. Chair Sanchez: -- I think everyone's going to have to lobby. The Administration, you're going to have to lobby the County to make sure that they provide the funds that they need to provide because they benefit from those services. Ms. Del Pilar Aldo: Okay. I tried to contact the Commissioner in Dade County, and they have part of his district into the City ofMiami, like Bruno Barreiro is in District 3, part of them, and the other part is in South Beach. And Commissioner Gimenez and Commissioner -- Commissioner Regalado: Sosa. Ms. Del Pilar Aldo: -- Sosa because I have a lot of people if her district -- Commissioner Regalado: Commissioner Edmondson, too. Ms. Del Pilar Aldo: -- and this -- I need to -- and I have the first meeting Monday. Next coming Monday, I have a meeting with Bruno Barreiro; let me see what happen. Not only for -- because I need to complete my money for the year, but for next year. If the 16 is a little more. Chair Sanchez: Well, keep us abreast -- Ms. Del Pilar Aldo: I serve the -- all your districts in the City ofMiami. Some have a higher percent and other are small, but serve the whole City ofMiami completely. The high is your district because they have more people in the hot meal program. Chair Sanchez: Thank you, and keep us abreast. And we'll help you lobby the County to make sure you get your funding. Thank you. Ms. Del Pilar Aldo: And for the next year, took my (UNINTELLIGIBLE) preoccupation, too. IfI can't find the money, I can't do nothing. Because this happen to me, I don't want to happen anymore. Chair Sanchez: Okay. Ms. Del Pilar Aldo: After 30 -- almost 37 years, this happen for the first time, and it's really very hard. Chair Sanchez: Thank you. Ms. Del Pilar Aldo: I take this opportunity to thanks again all of you for all your time, for help City ofMiami Page 175 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 me all the time in the past, in the present, and I hope in the future, too. Thank you from the bottom of my heart. Thank you so much. Chair Sanchez: You're quite welcome. God bless you. Thank you. Ms. Del Pilar Aldo: Okay. Thank you. D4.2 08-00342 DISCUSSION ITEM DISCUSSION CONCERNING A PROPOSAL FOR A CAMPAIGN TO DISSEMINATE INFORMATION ABOUT MIAMI 21. 08-00342 Memo.pdf NO ACTION TAKEN Chair Sanchez: Commission -- the only one who has two items is Commissioner Regalado. Commissioner Regalado, your district items. Commissioner Regalado: Thank you very much. I will not be talking about Miami 21. Chair Sanchez: Hopefully not. City ofMiami Page 176 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES NON AGENDA NA.1 08-00412 DISCUSSION ITEM DISCUSSION CONCERNING DONATIONS TO THE RELIEF FUND ESTABLISHED FOR THE FAMILY OF FORMER CITY OF MIAMI DETECTIVE JAMES WALKER. DISCUSSED Commissioner Sarnoff Commissioner -- Mr. Chair -- Chair Sanchez: Yes, sir. Commissioner Sarnoff -- just two small items, ifI could? Chair Sanchez: Of recognition? You're recognized -- Commissioner Sarnoff It's -- Chair Sanchez: -- for the record. Commissioner Sarnoff We -- as everybody remembers, James -- Officer James Walker was killed about two months back, and we opened and started something called the fund to help James Walker's family, and it really is his dad and his stepmom. And I just want everyone to know that we've been sending around on CITYFLASH the requisites to help donate to this fund. And I want everybody to know that James Walker's family is -- has not received any money for insurance or anything like that. This is not his wife. This is his father, who he helped support. I've handed out to everybody in the Commission today and on the City ofMiami Web site and on my Web site at info@maresarnoff there is a way to see how you donate to it, and it goes to Washington Mutual Bank, and the money goes directly to Mr. Walker himself. And once again, he has received no money, no insurance money whatsoever, and Detective Walker was a big part of his dad's support, and he died in the line of duty. He died on January 8, 2008. He was 30 years old, and I'm asking everybody to open up their hearts and open up their wallets just a little bit to help the dad who is struggling because, again, Detective Walker was a big part of his support. I've handed out the material to the audience. Again, ifyou just go to infomamaresarnoff, you'll see exactly how you can donate. It's not tax deductible, but I think you'll feel better knowing that you helped support a City ofMiami police officer who was killed in the line of duty. Chair Sanchez: All right. Thank you. NA.2 08-00419 DISCUSSION ITEM DISCUSSION CONCERNING MOVIE NIGHT AT MIAMI CITY HALL. DISCUSSED Commissioner Sarnoff The other thing, ifI could just mention very quickly? Chair Sanchez: Yes, sir. City ofMiami Page 177 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Commissioner Sarnoff I wanted to thank Pete Hernandez. If you all look just above me, and if you look just back there, you'll see projection equipment. We initiated something in City Hall which we call movie night. And what we try to do is bring people to City Hall for movies, hopefully, thought provoking and compelling movies, but the idea behind it was to allow folks to get used to coming to City Hall and have a good time here, not necessarily a tough issue. So I want to thank Kelly Penton, Sandra Carballosa, and Ricardo Noyes for actually procuring the projection equipment so that you can have movie night at City Hall. This Friday night we're actually showing a movie called "Who killed the Electric Car?," and that's at 7 o'clock this Friday night. And by the way, we're going to have a series of electric cars here at City Hall at 5:30 in the afternoon. And I would ask everybody to come, butt want everyone to know that it's because of the City Manager and it's because of Kelly Penton that we actually have the ability to show movies, and I would certainly, you know, ask the fellow Commissioners, come up with thought -provoking good movies, and you'll have a good time here on a Friday or a Saturday or whatever day you pick and bring your constituents here because it's a happy time to bring them here. And I just want to thank again the Administration for doing it. Chair Sanchez: Thank you. NA.3 08-00413 DISCUSSION ITEM DISCUSSION CONCERNING THE RESPONSE LETTER THE COMMISSION RECEIVED FROM THE CIVILIAN INVESTIGATIVE PANEL PERTAINING TO HISPANIC REPRESENTATION ON SAID PANEL. DISCUSSED Direction by Chair Sanchez to the City Manager to schedule the Civilian Investigative Panel on a future City Commission meeting agenda as a personal appearance item. Chair Sanchez: But I do want to state for the record that I want to recognize the chair of the Civilian Investigative Panel who is here, and I do want to thank her for the letter. They did respond with the concerns that we had pertaining to representation in their board, and I'm pleased with the letter. And thank you for being here. So what we're going to do is we're going to go into recess -- Commissioner Gonzalez: I -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. Commissioner Sarnoff We need to take the vote. Commissioner Gonzalez: On the -- Commissioner Sarnoff We need to vote, Joe. Commissioner Gonzalez: -- issue, I have a different opinion. Chair Sanchez: Okay. Commissioner Gonzalez: Okay, and I watched the video of their last meeting, and the comments that I made in reference to the lack of representation for the -- from the Hispanic community seems to be a joke to -- Chair Sanchez: All right. Commissioner Gonzalez: -- their membership. City ofMiami Page 178 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Chair Sanchez: Well, let's do something. Commissioner Gonzalez: So -- Chair Sanchez: Let's put it on -- Commissioner Gonzalez: Okay. Chair Sanchez: -- we should put it on an agenda for a discussion item, and that way we could discuss it and they could bring -- or do a presentation -- a personal appearance. We could put you on the agenda as a personal appearance, and then we will have an opportunity to ask you questions. Let's go ahead and do that. NA.4 08-00414 DISCUSSION ITEM DISCUSSION CONCERNING THE APPOINTMENT OF GEORGE MENSAH AS DIRECTOR OF THE DEPARTMENT OF COMMUNITY DEVELOPMENT. DISCUSSED Pedro G. Hernandez (City Manager): Mr. Chair. Chair Sanchez: Yes. Mr. Hernandez: On a good note, can you allow me one minute? I would like to take this opportunity to announce to the City Commission my selection as director of Community Development, the individual is George Mensah. He's been with the City for the last four years. Applause. Mr. Hernandez: He comes to us with experience from New York City in various levels of housing offices, and also worked for the State Housing Finance in Tallahassee; so he's well armed with a lot of experience, and somebody who's demonstrated a lot of passion, desire in working on Housing matters in the City ofMiami. So I welcome George as the director. Chair Sanchez: George, I don't know whether to congratulate you or give you my condolence. Vice Chair Spence -Jones: I know, right. Chair Sanchez: But I do want to take the opportunity to congratulate you. Yes, sir, you're recognized for the record. George Mensah (Director, Community Development): Mr. Chair, members of the City Commission, Mr. Manager, Larry, and Hector, I want to thank you for giving me the opportunity to be the director of Community Development. In the last four years since I've been with the City, I have really worked hard to ensure that everything that we do in Community Development is aboveboard, and I will continue in this new role to ensure that everything continues smoothly; and I'll work in the stead of what Hector had set up. And I'm sure that you all will be pleased with the work that we produce in Community Development. Thank you very much. Chair Sanchez: You're quite welcome. Applause. Vice Chair Spence -Jones: I, too, want to congratulate George Mensah in the selection process that took place. I mean, I know it was a tough thing to do. And I think George has been absolutely outstanding. My projects are truly moving in the District 5 area. Hector, you will be City ofMiami Page 179 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 missed, but we fruly appreciate everything that you've done for our district. And your wonderful team -- your new team, George, they're awesome; and I'll continue -- I look forward to working with them. Congratulations. Chair Sanchez: All right. Hoorah. Vice Chair Spence -Jones: Hoorah. NA.5 08-00415 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CANCELLING THE NOVEMBER 27, 2008 COMMISSION MEETING AND CONSOLIDATING THE REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO TAKE PLACE ON NOVEMBER 13, 2008; CANCELLING THE DECEMBER 25, 2008 COMMISSION MEETING AND CONSOLIDATING THE REGULAR AND PLANNING AND ZONING CITY COMMISSION MEETINGS TO TAKE PLACE ON DECEMBER 11, 2008; RESCHEDULING THE JANUARY 8, 2009 AND JANUARY 22, 2009 COMMISSION MEETINGS TO TAKE PLACE ON JANUARY 15, 2009 AND JANUARY 29, 2009, RESPECTIVELY; AND FURTHER SCHEDULING A SPECIAL CITY COMMISSION MEETING TO TAKE PLACE ON JUNE 5, 2008 TO RECOMMEND THE ALLOCATION OF COMMUNITY DEVELOPMENT FUNDING. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0213 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, cancelling the November 27, 2008 Commission meeting and consolidating the Regular and Planning and Zoning City Commission meetings to take place on November 13, 2008; cancelling the December 25, 2008 Commission meeting and consolidating the Regular and Planning and Zoning City Commission meetings to take place on December 11, 2008; rescheduling the January 8, 2009 and January 22, 2009 Commission meetings to take place on January 15, 2009 and January 29, 2009, respectively; and further scheduling a Special City Commission meeting to take place on June 5, 2008 to recommend the allocation of Commmunity Development funding. Chair Sanchez: Mr. City Manager, why don't we address the issue of the changes of the meetings that we have that you proffered as to the remaining of the calendar year, especially in November and December? We discussed that, I think at the last Commission meeting or the previous Commission meeting, but we didn't vote on it; and we certainly need to vote on that. It's basically accepting your recommendations as to the changes as to some of the dates. Pedro G. Hernandez (City Manager): Right. That would be the date for our November and December. Chair Sanchez: Right. It said -- I mean, I want you to read -- do you have the memo that you sent? Mr. Hernandez: No, I don't have it with me at this time, sir. Chair Sanchez: All right. I have it. I'll give it to you, but I want you to read that into the record. Here you go. And the reason this was done is in anticipation with the Chair and the City ofMiami Page 180 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 City Manager, we were able to lay out the full year; in that way, we don't end up getting close to the holiday season and having to start changing dates. That's way -- that way, far in advance we have an opportunity to change the dates, and maybe combine some of the Commission meetings so we have a more effective Commission meeting. Mr. City Manager -- Mr. Hernandez: Thank you -- Chair Sanchez: -- you're recognized -- Mr. Hernandez: -- Mr. Chairman. Chair Sanchez: -- for the record. Mr. Hernandez: These are the recommendations as to meeting date changes to address the holiday conflicts. First, we're cancelling -- proposing to cancel the November 27, 2008 meeting, which falls on Thanksgiving, and in turn, have a single meeting to address both the regular and the Planning and Zoning agenda on November 13, 2008. The next item is to cancel the December 25, 2008 City Commission meeting, which falls on Christmas, and in turn, have a single meeting to address both the Regular and Planning and Zoning agenda on December 11, 2008. Additionally, as the first Commission meeting in January 2009 would be scheduled on January 8, which will currently require agenda distribution the day after New Year's, I'm proffering that the first meeting of January move to January 15, 2009, allowing for staff to return from holiday and provide ample time to prepare and distribute the meeting's agenda. We could then move the January 22 meeting to January 29 in order to continue a two -week timeframe between meetings. We were able to do that because between the January 22 and the first meeting in February, we have a three-week timeframe. So by making these changes, we still have two weeks between meetings. And finally -- and this is not related to holidays, but this is for -- Chair Sanchez: Community Development. Mr. Hernandez: -- the Community Development -- Chair Sanchez: Right. Mr. Hernandez: -- annual funding allocations that I'm proposing that on June 5, 2008, that we have a special meeting of the City Commission to handle the Community Development's annual funding allocations. Chair Sanchez: And that has to be properly advertised 30 days in advance. Mr. Hernandez: Yes, sir. Chair Sanchez: All right. Mr. Hernandez: That's right. Chair Sanchez: All right. We need a motion to accept the City Manager's recommendation as to the changes. Is there a motion? Commissioner Gonzalez: I'll move it. Chair Sanchez: There's a motion by Commissioner Gonzalez -- Commissioner Regalado: Second. City ofMiami Page 181 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 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 -- Madam Clerk, it's passed; and those days have been selected for the calendar -- the remaining calendar. NA.6 08-00409 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS' FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF ROBERT T. KOFMAN AND THE LAW FIRM OF STEARNS, WEAVER, MILLER ET. AL, IN CONNECTION WITH PROCEEDINGS IN THE CASE OF JORGE L. FERNANDEZ VS. CITY OF MIAMI, CASE NO. 08-17486 CA 13; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL, PROFESSIONAL SERVICES - LEGAL ACCOUNT NO. 00001.980000.531010. 08-00409-Submittal-Memorandum-Julie O. Bru.pdf 08-00409-Leg islation. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0214 Chair Sanchez: All right, pocket items. Anybody got any pocket items? Pocket items? All right, I have a pocket item, and Commissioner Gonzalez has a pocket item. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: Yes. I have one pocket item from the City Attorney. It's to authorize the expenditure of attorney's fees and costs in an amount approved by the City Attorney for the engagement of Robert T. Kofman and the law firm of Stearns, Weaver, and Miller in connection with the proceeding in the case oflorge L. Fernandez versus the City ofMiami, case number 08-17486 CA-13. That's my motion. Chair Sanchez: Okay. There's a motion. Second? We need a second. Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. The item under discussion. 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." NA.7 08-00416 DISCUSSION ITEM DISCUSSION CONCERNING THE SCHEDULING OF AN EXECUTIVE SESSION FOR APRIL 24, 2008 AT 2 P.M. IN REFERENCE TO THE CASE JERRY FRANK TOWNSEND VERSUS CITY OF MIAMI. City ofMiami Page 182 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 DISCUSSED Chair Sanchez: Commissioner Gonzalez, you're recognized for another pocket item. Commissioner Gonzalez: All right. The other is -- well, this is in reference to the executive session. That you're going to -- Julie O. Bru (City Attorney): Yeah, let me do that -- Chair Sanchez: Yes. Ms. Bru: -- Commissioner. Commissioner Gonzalez: Right. Ms. Bru: Thank you. Members of the Commission, I'm requesting an executive session. On the April 24 agenda, you will have a resolution that will seek to either authorize or reject a settlement in a matter that's pending in federal court, the Townsend case. I would like to have an opportunity to discuss it with you at an executive session before you vote on it. So, therefore, I'm asking that at the next City Commission meeting, we have an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case ofJerry Frank Townsend versus City ofMiami, pending in the United States District Court case number 03-21072, civil, before Judge Jordan; and the subject of the meeting will be confined to settlement negotiations or strategies sessions related to litigation for expenditures. Chair Sanchez: But we don't have to take any action on that. Do we have to vote on that to have a shade meeting? Ms. Bru: No. I'm -- Commissioner Gonzalez: No. Ms. Bru: -- just requesting -- Chair Sanchez: Okay. Ms. Bru: -- it, and we will now advertise it. And the only thing I'd like to know is what time would you like to have that meeting so we can advertise it? Chair Sanchez: Well, we usually have it right after lunch. Is 2 o'clock fine, gentlemen, ladies [sicJ? Commissioner Gonzalez: Two o'clock, ready, yeah. Chair Sanchez: Lady, gentlemen. Vice Chair Spence -Jones: Yes. Chair Sanchez: Two o'clock. So it'll -- Ms. Bru: Thank you. Chair Sanchez: -- be advertised at 2 o'clock -- Ms. Bru: Thank you. City ofMiami Page 183 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 NA.8 08-00407 District 1 - Commissioner Angel Gonzalez Chair Sanchez: -- at the Commission meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF THREE SCULPTURES, SCULPTED BY RENOWNED ARTIST ROMERO BRITTO, AT A MARKET VALUE OF $154,000, TO BE PLACED AT GRAPELAND AQUATIC PARK, MIAMI, FLORIDA, WITH THE CITY OF MIAMI PURCHASING CONCRETE BASES FOR THE SCULPTURES. 08-00407-Leg islation. 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 NA.9 08-00396a R-08-0200 Commissioner Gonzalez: I do have another pocket item, and it is a resolution of the City of Miami City Commission authorizing the City Manager to accept the donation of three sculptures, sculpted by renowned artist Romero Britto, at a market value of 154, 000, to be placed at GrapelandAquatic Park, Miami, Florida, with the City of Miami purchasing the concrete bases for the sculptures. That's my motion. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by all the Commissioners. All right. No discussion on the item. We always accept donations, especially when they're art donations for parks. 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 A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF ISRAEL "CACHAO" LOPEZ UPON HIS UNTIMELY DEATH. 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-08-0201 Chair Sanchez: I have one pocket item, then we adjourn the meeting; and then we have a CRA (Community Redevelopment Agency) meeting -- Vice Chair Spence -Jones: One item. Chair Sanchez: -- which is one item, okay. So let's follow the procedures here. I have a City ofMiami Page 184 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 resolution of the City ofMiami Commission expressing deepest sympathy and sincere condolence on behalf of the City ofMiami and its citizens to the family and friends of Israel "Cachao" Lopez upon his untimely death. If somebody could make a motion and a second? Vice Chair Spence -Jones: Second. Chair Sanchez: And the resolution will be signed by all the Commissioners, including the Mayor. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition? Madam Clerk. Priscilla A. Thompson (City Clerk): I'm sorry, I only heard Vice Chair Spence Jones second it. Who made the motion? I didn't hear that. Gonzalez. Thank you. Commissioner Gonzalez: I'll -- I did made -- Chair Sanchez: Yeah. Commissioner Gonzalez: -- a motion. Ms. Thompson: Thank you. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. NA.10 08-00417 DISCUSSION ITEM DISCUSSION CONCERNING THE UNTIMELY DEATH OF THE MOTHER (NORMA GRIFFITH) OF REVEREND FATHER BERNARD GRIFFITH OF CHRIST EPISCOPAL CHURCH, COCONUT GROVE, FLORIDA. DISCUSSED Chair Sanchez: All right. If there's no more -- Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff Just one thing. I was just informed that Father Bernard Griffith, the director at Christ Episcopal Church in Coconut Grove Village West, his mother passed away in Barbados in West Indies yesterday. I thought we could just take a brief moment of silence. Chair Sanchez: Okay. Commissioner Sarnoff Thank you. Chair Sanchez: Thank you. Our hearts and prayers are with his family. Okay that concludes the City ofMiami Commission meeting. Need a motion to adjourn. Commissioner Sarnoff So move. City ofMiami Page 185 Printed on 5/1/2008 City Commission Meeting Minutes April 10, 2008 Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion and -- Commissioner Gonzalez: Second. Chair Sanchez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." MOTION A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 186 Printed on 5/1/2008