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Home My WebLink AboutCC 2008-06-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 12, 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 June 12, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES PART B PZ - PLANNING AND ZONING ITEM(S) City ofMiami Page 2 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 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. 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 12th day ofJune 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 9:14 a.m., recessed at 11:56 p.m., reconvened at 2:02 p.m., recessed at 3:44 p.m., reconvened at 3:53 p.m., and adjourned at 4: 30 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:18 a.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 2:04 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: I want to welcome all of you to the June 12, 208 [sic] meeting of the City of Miami Commission in these historic chambers. The members of the City Commission are Vice Chair Michelle Spence -Jones, Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner Marc David Sarnoff, and myself Joe Sanchez, as your Chair. Also on the dais is Pete Hernandez, our City Manager, and also our City Attorney, Julie O. Bru; also with us is our City Clerk, Priscilla A. Thompson. I want to open up the meeting with a prayer, and then we'll have the pledge of allegiance by Vice Chair Spence -Jones. If you would please rise. PRESENTATIONS AND PROCLAMATIONS PR.1 08-00682 CEREMONIAL ITEM 9:00 AM Honoree Helena Del Monte Special Presentation Delegates from the City of Qingdao, Presenter Protocol Item Chairman Sanchez Certificate of Appreciation People's Republic of China,will be received by Mayor Diaz City ofMiami Page 3 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 MAYORAL VETOES 08-00682 Protocol.pdf 1. Thomas D. Wood, Jr. and Chief Executive Officer Eric Poms of the Orange Bowl Committee presented to the Mayor, Commissioners, City Manager Pedro Hernandez, and Chief Financial Officer Larry Spring the 74th Orange Bowl Commemorative Helmet for their support during last year's successful event. 2. Mayor Manuel A. Diaz recognized delegates from the foreign affairs and education offices from the City of Qingdao, the People's Republic of China; further expressing the City's condolences for the tragic earthquake that recently occurred in China. 3. Chair Sanchez presented a Certificate ofAppreciation to Helena Del Monte for her demonstrated commitment and creative involvement in support of important initiatives in the community, as well as her dependability and overall responsiveness as a member of the City of Miami Community Relations Board. Chair Sanchez: Ladies and gentlemen, the order of the day is the agenda that's in front of us. We'll go now to the presentation and proclamations. Presentations made. NO MAYORAL VETOES Chair Sanchez: All right. First item on the agenda is there are no mayoral vetoes, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct, sir. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. We'll move on to the AM, which is approving the minutes of the following meetings, and it's only one meeting; that's the regular meeting ofMay 8, 208 [sic]. Need a motion to approve the minutes. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Gonzalez, second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES Order of the Day City ofMiami Page 4 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: As we bow our heads, before we pray, I have some sad news for all of you. As you know, William D. [sic] Seidel passed away at the age of 82. He was part of the history of Miami's car business, and we ask that -- his motto was `Justify Your Existence, " and he surely lived up to that, so our condolence and prayers go out to his family. May he rest in peace. Prayer and pledge of allegiance delivered. "[Later...]" Chair Sanchez: All right. We will now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. Any person who is a lobbyist must register with the City Clerk before appearing in front of the City Commission. The materials in connection with each item appearing on this agenda is available for inspection during business hours at the City Clerk's office and online at www.miamigov.com, okay. And individuals retained or employed by a principal as a lobbyist, as defined in Section 2-653 and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant or owner's, legal representative, are not required to submit a Disclosure of Consideration provided, and this is a Disclosure of Consideration Provided or Committed For Agreement to Support or Withhold Objection Affidavit, which is part of our Code of Ethics. This disclosure form is available from the City Clerk and should be read into the record. Please, anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item on which the appeal is based. Absolutely no cell phones, beepers, or other audible, sound or ringing devices are permitted. Please silence those now. And persons may address the City Commission on items appearing on the public hearings portion of the agenda and on items where public input is solicited. Persons wishing to speak should inform the City Clerk as soon as possible of the desire to speak, giving the City Clerk their names. At the time the person who is wishing to speak is heard, they should approach the microphone and wait to be recognized. Thank you. "[Later...]" Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me, I have two additional items that I would like to continue and/or withdrawn [sic] -- Chair Sanchez: All right. Wait, wait, wait. Mr. Hernandez: -- and those are -- Chair Sanchez: Whoa, whoa, whoa, whoa. Let's -- we're done with the consent agenda. Are those -- are they the public hearings? Mr. Hernandez: Yes, one of them is. Chair Sanchez: Okay. Mr. Hernandez: It's PH.3. Chair Sanchez: PH.3 -- Mr. Hernandez: And that's to be continued. City ofMiami Page 5 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: -- is being continued. Any other item? Just go through all the -- rest of the Commission [sic]. Mr. Hernandez: I would say the next one, Commissioner, would be RE.1 to be withdrawn. Chair Sanchez: RE.1. Mr. Hernandez: And that's itfrom my end. Chair Sanchez: Okay. Let's fry to get through some -- we could get through some of these items as we move along. Let's go to the PH 1. PH 1 is a resolution, Department of Public -- Priscilla A. Thompson (City Clerk): Excuse me -- Chair Sanchez: -- Facility [sic]. Ms. Thompson: -- Chair. For the record, PH.3 has been continued? Chair Sanchez: Yes. Ms. Thompson: Okay. RE.1 has been withdrawn? Chair Sanchez: Yes. Ms. Thompson: And I need a motion on the continuance, please. Chair Sanchez: Oh, that's correct. Commissioner Sarnoff So moved. Chair Sanchez: All right. Motion by Commissioner Sarnoff, second by Commissioner Regalado. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Thompson: Thank you. Chair Sanchez: And R -- PH.3 has been continued. "[Later...]" Chair Sanchez: (INAUDIBLE) item. The order of the day is the agenda. We've taken a lot of the items in the morning. City ofMiami Page 6 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 CONSENT AGENDA CA.1 08-00579 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION TO THE FLORIDA MISSING CHILDREN'S DAY 2008, HOSTED BY THE FLORIDA POLICE CHIEFS AND THE FLORIDA SHERIFFS ASSOCIATIONS, AS FINANCIAL SUPPORT TO SPONSOR THE FLORIDA MISSING CHILDREN'S DAY 2008 CEREMONY TO BE HELD ON SEPTEMBER 8, 2008, IN AN AMOUNT NOT TO EXCEED $500; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-00579 Legislation.pdf 08-00579 Summary Form.pdf 08-00579 Affidavit.pdf 08-00579 Letter.pdf 08-00579 Certification.pdf 08-00579-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0311 CA.2 08-00580 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI RIVER FUND, INC., THE FINANCIAL AGENCY FOR THE MIAMI RIVER COMMISSION, TO CONTINUE PROVIDING EDUCATIONAL PROGRAMS RELATED TO THE MIAMI RIVER, FOR A THREE (3) YEAR TERM WHICH BEGAN ON OCTOBER 1, 2007 AND ENDING ON SEPTEMBER 30, 2010, IN AN ANNUAL AMOUNT NOT TO EXCEED $25,000, FOR A TOTAL AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS FROM THE GENERAL FUND NON -DEPARTMENTAL ACCOUNTS, ACCOUNT NO. 0001.980000.882000.0000.00000. 08-00580 Legislation.pdf 08-00580 Exhibit.pdf 08-00580 Exhibit2.pdf 08-00580 Exhibit3.pdf 08-00580 Summary Form.pdf CONTINUED Item CA.2 was continued to the Commission meeting currently scheduled for July 10, 2008. CA.3 08-00582 RESOLUTION City ofMiami Page 7 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRITTO CENTRAL, INC., A FLORIDA CORPORATION, FOR A TERM OF FIVE (5) YEARS, ALLOWING THE CITY OF MIAMI THE EXCLUSIVE RIGHTS TO MANUFACTURE AND SELL ITEMS AT GRAPELAND PARK USING AND INCORPORATING CERTAIN IMAGES FROM THE SCULPTURE CREATED BY ARTIST ROMERO BRITTO, LOCATED AT GRAPELAND PARK;PROVIDING FOR THE CITY TO PAY THE SUM OF $10,000, ANNUALLY, TO THE BRITTO FOUNDATION DURING THE TERM OF SAID AGREEMENT; ALLOCATING FUNDS FROM ACCOUNT NO. 0001.295999.531000.0000, FOR SAID PURPOSE. 08-00582 Legislation.pdf 08-00582 Exhibit.pdf 08-00582 Exhibit2.pdf 08-00582 Exhibit3.pdf 08-00582 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.4 08-00583 Department of Capital Improvements Program R-08-0312 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT BETWEEN THE CITY OF MIAMI AND NCI CONSTRUCTION, INC., DATED JUNE 11, 2004, PURSUANT TO RESOLUTION NO. 04-0250, ADOPTED APRIL 11, 2004, AS AMENDED, FOR ADDITIONAL SERVICES REQUIRED (MISCELLANEOUS UPGRADES), FOR THE PROJECT ENTITLED "ORANGE BOWL STORM WATER PUMP STATION UPGRADES (THIRD BIDDING)," PROJECT B-50653 ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $4,730, THEREBY INCREASING THE AMOUNT OF THE CONTRACT FROM $378,127 TO AN AMOUNT NOT TO EXCEED $382,857; ALLOCATING FUNDS FROM THE PROJECT'S CONTINGENCY FUNDS WITHIN CAPITAL IMPROVEMENT PROJECT B-50653; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00583 Legislation.pdf 08-00583 Exhibit.pdf 08-00583 Summary Form.pdf 08-00583 Amendment 2.pdf 08-00583 Amendment 1.pdf 08-00583 Contract.pdf 08-00583 Pre-Legislation.pdf 08-00583 Pre-Legislation2.pdf 08-00583 Pre-Legislation3.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 8 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 CA.5 08-00585 Department of Public Facilities CA.6 08-00586 Department of General Services Administration R-08-0313 RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LAND LEASE, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION ("LESSEE"), A FEDERAL AGENCY, FOR THE USE OF THE APPROXIMATELY 1.3774 ACRES OR 60,000 SQUARE FEET ON VIRGINIA KEY, MIAMI, FLORIDA, TO OPERATE A VERY HIGH FREQUENCY OMNI-DIRECTIONAL RANGE AND TACTICAL AIR NAVIGATIONAL FACILITY, TO PROVIDE FOR A ONE-YEAR TERM BEGINNING OCTOBER 1, 2008 TO SEPTEMBER 30, 2009, WITH AUTOMATIC YEAR-TO-YEAR RENEWALS NOT TO EXCEED NINE (9) YEARS TO SEPTEMBER 30, 2018, UNLESS LESSEE GIVES THIRTY DAYS NOTICE TO THE CITY OF MIAMI, WITH AN ANNUAL RENT OF $21,500 OR $1,791.67, PER MONTH, WITH OTHER TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN SAID LEASE. 08-00585 Legislation.pdf 08-00585 Exhibit.pdf 08-00585 Exhibit2.pdf 08-00585 Summary Form.pdf WITHDRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 5, 2008, PURSUANT TO INVITATION FOR BID NO. 75141, FROM MICROWAVE NETWORKS, INC, THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR MICROWAVE INFRASTRUCTURE ADJUSTMENT, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN A TOTAL AMOUNT NOT TO EXCEED $80,939; ALLOCATING FUNDS FROM ACCOUNT CODE NO. P-40-B30153F-T-02-A-1184- E-CONSTRUCTION-O-401000. 08-00586 Legislation.pdf 08-00586 Summary Form.pdf 08-00586 Award Recommendation.pdf 08-00586 Tabulation of Bids.pdf 08-00586 Bid List.pdf 08-00586 Sourcing.pdf 08-00586 Sourcing2.pdf 08-00586 Certification.pdf 08-00586 Quote.pdf 08-00586 Clarifications.pdf 08-00586 References.pdf 08-00586 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 9 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 R-08-0314 CA.7 08-00587 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Transportation ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE IMPLEMENTATION OF A STREETSCAPE PROJECT ALONG NORTHWEST 12 AVENUE, (A PRINCIPAL ARTERIAL AND GATEWAY CORRIDOR, FOR THE MIAMI HEALTH DISTRICT/CIVIC CENTER), FROM NORTHWEST 14 STREET TO NORTHWEST 20 STREET, MIAMI, FLORIDA, WHICH PROVIDES FOR A FINANCIAL CONTRIBUTION FROM THE FDOT IN THE AMOUNT OF $100,000, AND REQUIRES A MATCH FROM THE CITY IN THE AMOUNT OF $100,000; ALLOCATING FUNDS IN THE AMOUNT OF $100,000, FROM THE STREETS BOND PROGRAM PROCEEDS. 08-00587 Legislation.pdf 08-00587 Exhibit.pdf 08-00587 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0315 CA.8 08-00588 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED MARCH 31, 2008, PURSUANT TO INVITATION FOR BID NO. 74051,1, FROM ROBBIE'S FEED & SUPPLY, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF FOOD FOR CANINE, FOR THE DEPARTMENT OF POLICE, 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 OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00588 Legislation.pdf 08-00588 Summary Form.pdf 08-00588 Bid Tabulation.pdf 08-00588 Sourcing.pdf 08-00588 Sourcing2.pdf 08-00588-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0316 City ofMiami Page 10 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 CA.9 08-00589 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing CONTRACT FOR LABORATORY AND SAFETY SUPPLIES AND EQUIPMENT WITH FISHER SCIENTIFIC COMPANY, LLC, PURSUANT TO THE STATE OF FLORIDA CONTRACT NO. 490-000-07-1, EFFECTIVE THROUGH APRIL 30, 2012, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL YEAR PERIODS, SUBJECT TO FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS THERETO BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00589 Legislation.pdf 08-00589 Summary Form.pdf 08-00589 Certification.pdf 08-00589 Contact Information.pdf 08-00589 ITB.pdf 08-00589 Contract Forms.pdf 08-00589 Ordering Form.pdf 08-00589 Price Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0317 CA.10 08-00593 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED MARCH 31, 2008, PURSUANT TO INVITATION FOR BID NO. 77045,4, FROM HARRISON UNIFORMS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF BADGES, INSIGNIAS AND WALLETS, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00593 Legislation.pdf 08-00593 Summary Form.pdf 08-00593 Bid Tabulation.pdf 08-00593 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0318 CA.11 08-00594 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED APRIL 28, 2008, PURSUANT TO INVITATION FOR BID NO. City ofMiami Page 11 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 76046, FROM GOLD NUGGET UNIFORM, INC. D/B/A ARGO UNIFORM CO., THE LOWEST AND ONLY RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF BREECHES, PUTTEES AND BOOTS, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS SUBJECT TO SATISFACTORY PERFORMANCE AND FUNDING AVAILABILITY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00594 Legislation.pdf 08-00594 Summary Form.pdf 08-00594 Award Recommendation.pdf 08-00594 Bid Tabulation.pdf 08-00594 Sourcing.pdf 08-00594 Sourcing2.pdf 08-00594 Invitation for Bid.pdf 08-00594 Corporation Papers.pdf 08-00594-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0319 CA.12 08-00595 RESOLUTION Department of Risk A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Management ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL 50031,THAT THE TOP -RANKED FIRM TO PROVIDE GROUP HEALTH BENEFITS FOR PART-TIME AND TEMPORARY PERSONNEL IS CIGNA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CIGNA, FOR AN INITIAL PERIOD OF EIGHTEEN (18) MONTHS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, AT AN ESTIMATED TOTAL CONTRACT AMOUNT OF $720,000; ALLOCATING FUNDS FROM THE DEPARTMENT OF RISK MANAGEMENT, ACCOUNT CODE NO. 05002.302001.545000. City ofMiami Page 12 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00595 Legislation.pdf 08-00595 Exhibit.pdf 08-00595 Exhibit2.pdf 08-00595 Exhibit3.pdf 08-00595 Exhibit4.pdf 08-00595 Exhibit5.pdf 08-00595 Exhibit6.pdf 08-00595 Exhibit7.pdf 08-00595 Exhibit8.pdf 08-00595 Exhibit9.pdf 08-00595 Exhibitl0.pdf 08-00595 Exhibitl 1.pdf 08-00595 Exhibit12.pdf 08-00595 Exhibit13.pdf 08-00595 Exhibit14.pdf 08-00595 Exhibit15.pdf 08-00595 Exhibit16.pdf 08-00595 Exhibit17.pdf 08-00595 Exhibit18.pdf 08-00595 Exhibit19.pdf 08-00595 Exhibit20.pdf 08-00595 Exhibit21.pdf 08-00595 Summary Form.pdf 08-00595 Memo.pdf 08-00595 Summary Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0320 CA.13 08-00596 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED APRIL 23, 2008, PURSUANT TO INVITATION FOR BID NO. 71043,1, FROM ABC RADIATOR AND AIR, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE FURNISHING OF NEW AUTOMOTIVE AND TRUCK RADIATORS, RECORING AND REPAIR SERVICES FOR EXISTING RADIATORS AND FOR STATIONARY/PORTABLE GENERATORS, 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 SUBJECT TO SATISFACTORY PERFORMANCE AND AVAILABILITY OF FUNDING; 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. City ofMiami Page 13 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00596 Legislation.pdf 08-00596 Summary Form.pdf 08-00596 Award Recommendation.pdf 08-00596 Award Sheet.pdf 08-00596 Tabulation Sheet.pdf 08-00596 Addendum 1.pdf 08-00596 Invitation for Bid.pdf 08-00596 Corporation Papers.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0321 CA.14 08-00597 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED APRIL 2, 2008, PURSUANT TO INVITATION FOR BID NO. 75115, FROM HOIST LIFTRUCK MFG., INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF ONE NEW MARINA LIFTRUCK FOR THE DEPARTMENT OF PUBLIC FACILITIES/MARINE STADIUM MARINA, IN AN AMOUNT NOT TO EXCEED $218,500; ALLOCATING FUNDS FROM THE DEPARTMENT OF PUBLIC FACILITIES, ACCOUNT CODE NO. 34000.221001.664000.0000.00000, AND FROM CAPITAL IMPROVEMENT PROJECT NOS. 40-B30595 05 1350 AND 40-B30595 05 1437. 08-00597 Legislation.pdf 08-00597 Summary Form.pdf 08-00597 Award Recommendation.pdf 08-00597 Award of Bid.pdf 08-00597 Bid Tabulation.pdf 08-00597 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0322 CA.15 08-00598 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Employee Relations ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING, THE MEMORANDUM OF UNDERSTANDING CLARIFYING ARTICLE 39.14 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND THE MIAMI GENERAL EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1907, AFL-CIO, FOR OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, TO INCREASE THE PAYMENT AMOUNT FOR THE SELECTED PERFECT ATTENDANCE EMPLOYEES TO ALLOW THEM TO RECEIVE A $100, NET PAYM ENT. City ofMiami Page 14 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00598 Legislation.pdf 08-00598 Exhibit.pdf 08-00598 Exhibit2.pdf 08-00598 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0323 CA.16 08-00599 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMPASSION CAPITAL DEMONSTRATION FUND PROGRAM GRANT FUNDS, FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN THE AMOUNT NOT TO EXCEED $200,000, FOR A ONE-YEAR PERIOD EFFECTIVE JUNE 12, 2008, TO THE AGENCIES AND IN THE AMOUNTS AS SPECIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, FOR CAPACITY BUILDING ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 08-00599 Legislation.pdf 08-00599 Exhibit.pdf 08-00599 Exhibit2.pdf 08-00599 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0324 CA.17 08-00518 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED:"2008 MEMORANDUM OF UNDERSTANDING FOR THE MIAMI HOMELESS ASSISTANCE PROGRAM'S DISCHARGE PLANNING GRANT," CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, IN THE AMOUNT OF $113,333, FOR A FOUR MONTH PERIOD, TO PROVIDE EXTENDED OUTREACH, AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF AGREEMENT SERVICES CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT ACCEPTANCE OF SAID GRANT. City ofMiami Page 15 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00518 Legislation.pdf 08-00518 Summary Form.pdf 08-00518 Letter.pdf 08-00518 Agreement.pdf 08-00518 Attachments.pdf 08-00518 Attachment C-1.pdf 08-00518 Attachment D.pdf 08-00518 Attachment e.pdf 08-00518 Attachment F.pdf 08-00518 Attachment G.pdf 08-00518 Attachment G-1.pdf 08-00518 Attachment H.pdf 08-00518 Attachment I.pdf 08-00518 Attachment J.pdf 08-00518 Attachment K.pdf 08-00518 Attachment I.pdf 08-00518 Attachment N.pdf 08-00518 Attachment O.pdf 08-00518 Attachment P.pdf 08-00518 Attachment Q.pdf 08-00518 Attachment Q-1.pdf 08-00518 Attachment R.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0329 Chair Sanchez: Let's start with CA.17, which is the establishing new fund, Homeless Assistance Program. Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, the only change here is that we're adding the attachment that was left out with the original that is in the agenda. That's the only substitution. Chair Sanchez: All right. Commissioner Sarnoff Move it. Commissioner Regalado: Second. Chair Sanchez: There's a motion. Motion was made by Commissioner Sarnoff second by Commissioner Regalado. Any discussion, as amended, or with the substitution? Madam Clerk, we are on CA.17, voting on CA.17. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. CA.18 08-00600 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "2008 SUPPORTIVE SERVICES GRANT" AND APPROPRIATING City ofMiami Page 16 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 FUNDS, IN AN AMOUNT NOT TO EXCEED $245,093, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A ONE YEAR-PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 08-00600 Legislation.pdf 08-00600 Exhibit.pdf 08-00600 Exhibit2.pdf 08-00600 Exhibit3.pdf 08-00600 Exhibit4.pdf 08-00600 Exhibit5.pdf 08-00600 Exhibit6.pdf 08-00600 Exhibit7.pdf 08-00600 Summary Form.pdf 08-00600 Letter.pdf 08-00600 W-9.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0325 CA.19 08-00615 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT ONE HUNDRED AND FIFTY-TWO (152) RIGHT-OF-WAY DEEDS OF DEDICATION, FOR HIGHWAY PURPOSES; APPROVING AND AUTHORIZING THE RECORDATION OF SAID DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-00615 Legislation.pdf 08-00615 Exhibit.pdf 08-00615 Summary Form.pdf 08-00615 Address List.pdf 08-0061 5-Submittal-Deeds.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0326 CA.20 08-00601 RESOLUTION District 1 - Commissioner Angel Gonzalez A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $20,000, TO THE ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC., A 501(C)3 CORPORATION LOCATED AT 1500 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, TO ASSIST WITH THEIR DAY CARE ACTIVITIES; ALLOCATING SAID FUNDS FROM THE DISTRICT 1 ELECTED City ofMiami Page 17 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 OFFICIALS ROLLOVER ACCOUNT NO. 15500.114000.882000.0000.00000. 08-00601 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0327 CA.21 08-00546 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO Commissioner OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA Marc David Sarnoff LEGISLATURE, PURSUANT TO SENATE BILL 1604, DESIGNATING SOUTHWEST 40TH STREET (STATE ROAD 976), FROM HIBISCUS STREET TO OHIO STREET, MIAMI, FLORIDA, AS "WILL JAMES JOHNSON ROAD;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 08-00546 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0330 Chair Sanchez: CA.21, codesignation Will James Johnson Road. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff This is Will Johnson, who, unfortunately, passed away about two months ago. He was an aide to Commissioner Gimenez, and more importantly, he was probably the leader of the Village West, as he designated that. Some of us know it as the West Grove, but he designated it as Village West. He was a true leader in his community, and this designation will designate Will Johnson Road -- Will James Johnson Road, and that will be on Southwest 40th Street, from -- and it'll be from Hibiscus to Ohio Street, and it'll be right in the center of really where he was the most qualified and certainly the namesake of the leadership for the Village West, so I would move it. And to his wife, I would say this is a real tribute to her, as well, and namesake of the James -- William James Johnson Road. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion and a second. Any discussion on the item. Just to add to what Commissioner Sarnoff stated. Will Johnson was a big proponent of the concept of One Grove. I remember him being here at meetings when times were (UNINTELLIGIBLE) the East Grove or the Central Grove or the West Grove and he wasn't too kind to that. He thought there was only one Grove, Coconut Grove. I just hope that this -- the streets that's being named by him really does connect the West Grove to the Central Grove by renaming that street. I'm sure that we'll unite the Grove as a testament of Will Johnson, what he stood for, so I praise you City ofMiami Page 18 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 CA.22 08-00635 District 1 - Commissioner Angel Gonzalez for naming that street to someone who really deserve to be recognized for what he did and what he stood for in the Grove, being one Grove. All right. Any further discussion? No discussion. 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 AUTHORIZING THE ALLOCATION OF FUNDS, IN THE AMOUNT NOT TO EXCEED $3,500, TO LA PRENSA DOMINICANA DE LA FLORIDA CORPORATION, FOR THE "SECOND DOMINICAN PARADE AND CARNIVAL" EVENT TO BE HELD ON SUNDAY, AUGUST 17, 2008; ALLOCATING SAID FUNDS FROM THE DISTRICT 1 SPECIAL EVENTS/FESTIVAL ACCOUNT NO. 001000.921054.6.289. 08-00635 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.23 08-00636 District 3- Chair Joe Sanchez R-08-0328 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 1604, DESIGNATING WEST FLAGLER STREET FROM 13TH AVENUE TO 14TH AVENUE, MIAMI, FLORIDA, AS "MONSIGNOR EMILIO VALLINA AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 08-00636 Legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0332 Chair Sanchez: Next item that we pulled was CA.23, which is mine, codesignation ofMonsignor Emilio Vallina Avenue. I don't know how this -- I'm sure you'll -- if it's a state road, the State that is the one that handles it. I'm sure if it's a County road, the County handles it. If it's a City road, the City handles it, but all of us who know Monsignor Vallina know that this gentleman, who has stood on a church that is -- has been a pillar in our community for so many years deserves more than just having one block, folks, just one block. This is a guy who has helped the hungry, the poor, the needy; who has gone out of his way and made the ultimate sacrifice in his profession -- Commissioner Gonzalez: And the -- City ofMiami Page 19 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 CA.24 08-00637 District 2- Commissioner Marc David Sarnoff Chair Sanchez: -- to serve the people -- Commissioner Gonzalez: -- sick. Chair Sanchez: -- and the sick. Commissioner Gonzalez: Because he established a clinic for poor people in that church. Chair Sanchez: Exactly, in San Juan Bosco, which, you know, has served hundreds of thousands of people in our community. And here he is not getting a boulevard, not getting three blocks, four blocks, five blocks; he's getting one block, one little block. So I think it's an insult, butt don't know how that came about for just to name one block for this gentleman, so I don't know how it's -- that's determined, Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, this is -- Flagler is a state road in this area, and it was an act passed by the State Legislature; we would have to go back through the State Legislature and ask them to -- Chair Sanchez: Well -- Mr. Hernandez: -- amend the codesignation to a longer section of the Flagler corridor. Chair Sanchez: -- you know, it really adds to an insult, and I've never been one to point fingers and criticize people. But you know, the State has named streets after drug dealers, people who have been an embarrassment, who have later on in their career have been an embarrassment to the City and the State and the people they serve, and here the State is coming up with one block for a gentleman who has served his entire life, who has never been arrested, who may have never said a bad word in his life, who has been a law-abiding citizen, and it's shameful that he gets one block, but as I stated before, the State handles the State roads, the County handles the County roads and the City handles the City roads. So that's something that maybe we should work at in reaching out and amending that state codesignation street to add more than just one block, which is an embarrassment. Mr. Hernandez: Commissioner, we will check to see what other designations are on Flagler and what opportunities do we have there, and we'll contact the State to see how can this be remedied. Chair Sanchez: All right, CA.23, need a motion. Chairman Gonzalez: Move it. Commissioner Sarnoff Second. Chair Sanchez: Second. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. It's been discussed. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 1604, DESIGNATING SOUTHWEST 27TH AVENUE FROM FLAGLER STREET TO SOUTHWEST 5TH STREET, MIAMI, FLORIDA, AS "RAQUEL REGALADO AVENUE;" City ofMiami Page 20 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 08-00637 Legislation.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 R-08-0331 Chair Sanchez: CA.24, Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Thank you, Mr. Chair. I have an honor to bring before you the naming of a street on behalf of Commissioner Regalado's wife, Raquel, who, as you know, unfortunately passed away recently, and this will fruly be a tribute to not only Commissioner Regalado, but it's a tribute to I know who was his life partner, Raquel. It designates Southwest 27th Avenue from Flagler Street, which I think are two great streets, to Southeast 5th Avenue in Miami -- or 5th Street in Miami, and it will be known as Raquel Regalado Avenue. Has a certain ring to it. It has a certain cache. Commissioner, I know what she meant to you. I know it must not be easy everyday to not have her, but I know in your heart she stays there every moment, but this is the least I think we can do for you as a City. I know this was sponsored in the legislature by Carlos Lopez Quintero. I wish it were a bigger street, but it certainly is a beautiful street. Commissioner Regalado: Thank you. Chair Sanchez: All right. Commissioner Gonzalez: I'll second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Any further discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That - Priscilla A. Thompson (City Clerk): Excuse me, Chair. For the record, I just need to bring to your attention we did have a scrivener's error in the title, so that has to be corrected. So we will show this as a modified resolution with the correction. Chair Sanchez: Okay. Ms. Thompson: Thank you. Chair Sanchez: So stated on the record. That concludes the consent agenda. Adopted the Consent Agenda Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: City ofMiami Page 21 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: We go to the consent agenda. Are there any consent agenda items that any of the Commissioners or the Administration wants to pull for discussion? Commissioner Sarnoff Mr. Chair? Chair Sanchez: Yes, sir. You're recognized. Commissioner Sarnoff CA.21 and CA.24. Chair Sanchez: 21 and 24, okay. Any other item? Pedro G. Hernandez (City Manager): Mr. Chairman. Chair Sanchez: Yes, sir. Mr. Hernandez: IfI may, I would like to -- Chair Sanchez: Just on the consent agenda. Mr. Hernandez: On the consent. I would like to continue CA.2. Chair Sanchez: CA.2 is being continued. Mr. Hernandez: And would like to withdraw CA.5. Chair Sanchez: CA.5 has been withdrawn, Madam Clerk. For the record, CA.2, which is the Miami River Fund, is being continued; CA.5, which is the execute land lease for VORTAC (Very High Frequency Omni -Directional Range and Tactical Air Navigational) is being withdrawn -- Mr. Hernandez: Yeah. Chair Sanchez: -- and the two items -- three -- I'm going to pull CA.23 for discussion, so 21 -- Mr. Hernandez: Mr. Chairman. Chair Sanchez: -- 23 and 24 are the -- Mr. Hernandez: I have another one. CA.17 has a substitution that corrects the reference to the attachment. The original stated that it had no attachment and the substitute adds the attachment. Chair Sanchez: All right, so we'll pull that one for discussion so we can remedy it. Is that what you want to do? Mr. Hernandez: Yes. Chair Sanchez: Okay. So that's CA.17? Mr. Hernandez: Yes. Chair Sanchez: All right. Let's go ahead and start with CA.17. All right. Other than that, those -- the remaining consent agenda, need a motion to approve. City ofMiami Page 22 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff So moved. Commissioner Gonzalez: Move the balance of -- Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the consent agenda. Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The remaining consent agenda, Madam Clerk, have been approved, 5/0. City ofMiami Page 23 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PH.1 08-00603 RESOLUTION Department of Public Facilities PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED, IN SUBSTANTIALLY THE ATTACHED FORM, CONVEYING TO THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, AT NO COST, SIX (6) PARCELS OF LAND DESCRIBED IN EXHIBITS "A" THROUGH "F," ATTACHED AND INCORPORATED TO BE USED FOR TRANSPORTATION PURPOSES IN CONNECTION WITH THE I-395 IMPROVEMENTS PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS THAT MAY BE NECESSARY TO EFFECTUATE SAID CONVEYANCES. 08-00603 Legislation.pdf 08-00603 Exhibit.pdf 08-00603 Exhibit2.pdf 08-00603 Exhibit3.pdf 08-00603 Exhibit4.pdf 08-00603 Exhibit5.pdf 08-00603 Exhibit6.pdf 08-00603 Exhibit7.pdf 08-00603 Memo.pdf 08-00603 Notice of Public Hearing.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0333 Chair Sanchez: All right. Let's go to PH.1. PH.1 is a resolution and that's being brought to us by the Department of Public Facility [sic]. You're recognized, Madam Director. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a resolution to convey, at no cost, six small parcels to FDOT (Florida Department of Transportation). These are parcels that were conveyed to the City by the County from being on the taxes avail -- properties available on the list of lands due to unpaid taxes, and these are very small parcels, ranging from 18 square feet up to 633 square feet and would be used in connection with any 1-395 improvements. Chair Sanchez: All right. Need a motion and a second -- Commissioner Sarnoff So moved. Commissioner Gonzalez: Move it. Chair Sanchez: -- and then we'll -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- open it up to the public hearing. There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. Before we open PH.1 for discussion, we're going to open up the public hearing. Anyone from the public wishing to address this item, please step forward City ofMiami Page 24 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 and be recognized. Seeing no one, the public hearing is closed; coming back to the Commission for discussion. Any discussion on PH.1, which is a resolution? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.1 has been approved, 5/0. PH.2. Priscilla A. Thompson (City Clerk): Sir -- Chair Sanchez: No, that's been 10:30, so we can't do that. Let's go -- the following item [sic], PH.2 through PH 10, were properly advertised for 10:30, so therefore, we'll get to them after 10: 30. 10:30 AM PH.2 08-00439 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH Development TITLE REVERTER PROVISIONS, THE CITY OF MIAMI OWNED PARCEL OF LAND LOCATED AT 1477 NORTHWEST 60TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PALMETTO HOMES OF MIAMI, INC. FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE. 08-00439 Legislation.pdf 08-00439 Exhibit.pdf 08-00439 Exhibit2.pdf 08-00439 Summary Form.pdf 08-00439 Public Notice.pdf 08-00439 Text File Report.pdf 08-00439 Attachments.pdf 08-00439 Text File Report2.pdf 08-00439 Exhibits.pdf 08-00439 Warranty Deed.pdf 08-00439 Webpage.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-08-0334 Chair Sanchez: Let's go to the public hearings. Let's go to PH.2. All right, properly advertised for 10:30, let's get these items out of the way. Madam Clerk, for the record, there was no action taken on that item. George Mensah (Director, Community Development): Mr. Chair. Chair Sanchez: PH.2. City ofMiami Page 25 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PH.3 08-00435 Department of Community Development Mr. Mensah: George Mensah, Department of Community Development. PH.2 is a resolution of the Miami City Commission, with attachments, authorizing the City Manager to convey, with title reverter provisions, the City ofMiami-owned parcel located at 1477 Northwest 60th Street, described in Exhibit A, attached and incorporated, to Palmetto Homes ofMiami, for the development of affordable green housing. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: So moved. Vice Chair Spence -Jones: Sec -- Commissioner Gonzalez: I'll move -- Chair Sanchez: Motion by Commissioner Gonzalez, second by Vice Chair Spence Jones. It is a resolution. It is 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. Discussion. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Yeah. I just want to just put on the record and also make sure with Mr. Mensah that all of these agreements that we have regarding the land and a lot of stuff is happening in the Liberty City area, and I'm so thankful for the Liberty City Trust for the houses that are finally being built in the area. I just want to make sure, as the land is being transferred to these builders and developers, they understand that they have a responsibility to keep the lots clean, cut, and fenced;; and also any -- you know, I know one of the issues, I had a concern that there was a tractor that's been on this particular lot for at least almost six, seven months, and children were playing on it; and I've asked to have it removed several times. So I'm just -- I want to make sure that that is somewhere in the agreements, that they understand that they have a responsibility to do those things when they get the lots. Mr. Mensah: Yes, Commissioner. The tractor, I fruly understand, has been removed. I have not been there on the site; I'll go there after the meeting to ensure that it's been removed. Vice Chair Spence -Jones: Okay. Thank you so much, sir. Chair Sanchez: All right. Any further discussion on PH 2, which is a resolution? Hearing no discussion, Madam Clerk, you have the maker of the motion and the second? All right. No further discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. 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 ("CITY")AND NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., FROM MAY 10, 2008 TO SEPTEMBER 30, 2009, WITH THE CITY RETAINING THE OPTION TO EXTEND FOR AN ADDITIONAL YEAR, TO ALLOW FOR THE COMPLETION OF THE REHABILITATION OF THE BUILDING FACADES FOR BUSINESSES BETWEEN NORTHWEST 54TH AND NORTHWEST 58TH STREET ALONG NORTHWEST 7TH AVENUE, MIAMI, FLORIDA AND AUTHORIZING THE REPLACEMENT OF THE DECLINING RATE SCHEDULE City ofMiami Page 26 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PH.4 08-00604 Department of Community Development WITH A FIVE YEAR COVENANT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID ENTITY, FOR SAID PURPOSES. 08-00435 Legislation.pdf 08-00435 Exhibit.pdf 08-00435 Exhibit 2.pdf 08-00435 Exhibit 3.pdf 08-00435 Exhibit 4.pdf 08-00435 Exhibit 5.pdf 08-00435 Exhibit 6.pdf 08-00435 Exhibit 7.pdf 08-00435 Exhibit 8.pdf 08-00435 Exhibit 9.pdf 08-00435 Summary Form.pdf 08-00435 Public Notice.pdf 08-00435 Letter.pdf 08-00435 Text File Report.pdf 08-00435 Attachment A.pdf 08-00435 Grant Agreement.pdf 08-00435 Resolution.pdf 08-00435 Exhibit B.pdf 08-00435 Addendum 1pdf 08-00435 Addendum 2.pdf 08-00435 Addendum 3.pdf 08-00435 Exhibit C.pdf 08-00435 Exhibit D.pdf 08-00435 Attachment A 2.pdf 08-00435 Attachment B.pdf 08-00435 Attachment C.pdf 08-00435 Exhibit A.pdf 08-00435 Attachment D.pdf 08-00435 Exhibit E.pdf 08-00435 Exhibit F.pdf 08-00435 Exhibit G.pdf 08-00435 Master Report.pdf 08-00435 Attachment A3.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to continue item PH.3 to the Commission meeting currently scheduled for July 10, 2008. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT HOUSING ACTIVITIES FUNDS, IN THE AMOUNT OF $500,000, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PERMANENT RELOCATION ASSISTANCE ACCOUNT FOR TENANTS DISPLACED FROM THE PROPERTY LOCATED AT 1240 NORTHWEST 61ST STREET, MIAMI, City ofMiami Page 27 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 FLORIDA, KNOWN AS KING HEIGHTS APARTMENTS, ACQUIRED BY THE CITY OF MIAMI BY FORECLOSURE IN JUNE, 2000; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 08-00604 Legislation.pdf 08-00604 Exhibit.pdf 08-00604 Summary Form.pdf 08-00604 Public Notice.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-08-0335 Direction made by Vice Chair Spence -Jones to the Administration to determine how housing can be made available at King Heights Apartments, located at 1240 Northwest 61 Street, for returning veterans. Chair Sanchez: And we go to PH -- Commissioner Gonzalez: 4. George Mensah (Director, Community Development): 4. Chair Sanchez: -- 4. PH -- Commissioner Gonzalez: Move -- Chair Sanchez: -- 3, for the record, was continued. We go to PH.4. Need a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- for PH.4. There's a motion by Commissioner Gonzalez? Commissioner Gonzalez: Yes, sir. Chair Sanchez: Second by Vice Chair Spence Jones. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed for the record, coming back for a discussion. Any discussion on PH.4, which is a resolution? All right. Mr. Director, would you put something on the record on PH -- Mr. Mensah: Yes. Chair Sanchez: -- 4? Mr. Mensah: PH.4 is the transfer of an amount of $500, 000 from housing reserve to tenants as permanent replacement of 1240 Northwest 61 st Street, and this is a property that is currently owned by the City ofMiami, which is not in a situation that it can be occupied. Chair Sanchez: Bottom line is we're obligated to pay this, right? Mr. Mensah: Yes, we are. City ofMiami Page 28 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PH.5 08-00605 Department of Community Development Chair Sanchez: All right. No further -- discussion? Vice Chair Spence -Jones: Yes, second for discussion. Chair Sanchez: Okay, discussion. Vice Chair Spence -Jones: Yes. Again, this is a building that's in the heart of Liberty City. There's about 33 units, and I want to commend the CD (Community Development) Department for -- and the Liberty City Trust for their outstanding work with getting those folks relocated. This particular building was a City building, and there was a lot of issues going on from a criminal perspective, and it was just in horrible shape; so I want to commend the departments for that. But I'd like to also state for the record, Mr. Chairman, I know that you and I have been trying to figure out what we're going to do for housing for veterans, and this is 33 units that's in the heart of Liberty City, butl really would like -- I know that you've done a lot of great work with the Veterans --Association or Administration? Chair Sanchez: Administration. Vice Chair Spence -Jones: -- Administration that would really love to ask for the CD Department to look at how we could make this housing available for vets that are returning back home, and that's my only statement. 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." RE.4 [sic] has been approved, 4/0. Commissioner Sarnoff PH.4, was it? Chair Sanchez: PH.4 has been approved, 4/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR- FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, THAT MAY BE APPLICABLE TO THE CONVEYANCE, BY THE CITY OF MIAMI, OF TWO PARCELS OF LAND LOCATED AT 5435 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA AND 5515 NORTHWEST 1ST COURT, MIAMI, FLORIDA, TO COMMUNITY DEVELOPMENT GROUP MIA CORP., FOR THE DEVELOPMENT OF AFFORDABLE HOUSING UNITS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-00605 Legislation.pdf 08-00605 Summary Form.pdf 08-00605 Public Notice.pdf 08-00605 Minutes.pdf 08-00605 Corp Papers.pdf 08-00605 Article V.pdf City ofMiami Page 29 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 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 PH.6 08-00606 Department of Community Development R-08-0336 Chair Sanchez: PH 5 is also a resolution. Director, put something on the record. George Mensah (Director, Community Development): Yes. PH.5 is a waiver of conflict of interest provisions contained in Section 2-612 of the City Code that will allow the conveyance of the City -owned -- two City -owned parcels at 5435 Northwest 1st Avenue and 5515 Northwest 1st Court to Ms. Hattie Willis as a developer. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: Motion. Chair Sanchez: Motion is made by the Vice Chair. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Before we open it up for discussion, public hearing. Anyone from the public wishing to address this item, please step up and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. There's a motion and a second. No further discussion. Vice Chair Spence -Jones: Mr. -- Chair Sanchez: It's a resolution. Discussion? Vice Chair Spence -Jones: I just want to add something, Mr. Chairman. Chair Sanchez: Okay, you're recognized for the record. Vice Chair Spence -Jones: I just wanted to add that I do support this waiver. Of course, we know that Ms. Hattie Willis has been a strong advocate not only in the community, but she's also been a strong advocate on one of our boards; and the reason that we're requesting for this waiver is, quite frankly, it's very hard to get people to serve on boards and still serve the community at the same time. So I just wanted to also thank and praise Ms. Hattie Willis for all of her great work, and we look forward to seeing houses being built in your area. Chair Sanchez: Here, here. This requires a four fifth vote for the record. Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution has been adopted, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, CERTAIN CITY OF MIAMI OWNED City ofMiami Page 30 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PARCELS OF LAND, LOCATED AT 1544 NORTHWEST 58TH TERRACE, 1590 NORTHWEST 54TH STREET, 5435 NORTHWEST 1ST AVENUE, 5515 NORTHWEST 1ST COURT AND 1230 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, DIRECTLY TO DEVELOPERS, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE AND SALE AGREEMENT(S) SUBSTANTIALLY IN THE ATTACHED FORM FOR SAID PURPOSE. 08-00606 Legislation.pdf 08-00606 Exhibit.pdf 08-00606 Summary Form.pdf 08-00606 Public Notice.pdf 08-00606 Exhibit A.pdf 08-00606 Letter.pdf 08-00606 Webpage.pdf 08-00606 Picture.pdf 08-00606 Warranty Deed.pdf 08-00606 Pre Legislation.pdf 08-00606 Approval.pdf 08-00606 Corp Paper.pdf 08-00606 Webpage2.pdf 08-00606 Tax Deed.pdf 08-00606 Corp Paper2.pdf 08-00606 WebPage3.pdf 08-00606 Warranty Deed2.pdf 08-00606 Corp Paper3.pdf 08-00606 WebPage4.pdf 08-00606 Quit Claim Deed.pdf 08-00606 Exhibit A2.pdf 08-00606 Corp Paper4.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-08-0337 Chair Sanchez: PH 6. PH 6 is also a resolution. Could you put something on the record? George Mensah (Director, Community Development): PH 6 is a resolution authorizing the City Manager to convey, with parcel reverter provisions, certain City ofMiami-owned parcels of land, located at 1544 Northwest 58 Terrace, 1590 Northwest 54th Street, 5435 Northwest 1st Avenue, 5515 Northwest 1st Court and 1230 Northwest 58th Terrace, directly to developers attached as described. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. There's a motion by the Vice Chair, second by Commissioner -- Commissioner Gonzalez: Yes, sir. Chair Sanchez: -- Gonzalez. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address PH.6, which is a resolution, please identify yourself. Seeing no one, the public hearing is closed, coming back to the Commission on PH 6. Any discussion City ofMiami Page 31 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PH.7 08-00608 Department of Community Development on PH 6? Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulation. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE MODIFICATION OF AN AGREEMENT BETWEEN THE CITY OF MIAMI AND ONE TOUCH CHANGES EVERYTHING, LLC TO REFLECT THE NEW ENTITY NAME AS ONETOUCHCHANGESEVERYTHINGLLC; AUTHORIZING THE CITY MANAGER TO EXTEND SAID AGREEMENT'S END TERM DATE FROM SEPTEMBER 30, 2007 TO SEPTEMBER 30, 2008, TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE MICRO -ENTERPRISE ASSISTANCE GRANT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00608 Legislation.pdf 08-00608 Exhibit.pdf 08-00608 Summary Form.pdf 08-00608 Public Notice.pdf 08-00608 Pre Legislation.pdf 08-00608 Pre Legislation2.pdf 08-00608 Attachment A.pdf 08-00608 Pre Legislation3.pdf 08-00608 Exhibit A.pdf 08-00608 Exhibit B.pdf 08-00608 Exhibit C.pdf 08-00608 Corporation.pdf 08-00608 Letter.pdf 08-00608 Letter2.pdf 08-00608 LLC Papers.pdf 08-00608 Agreement.pdf 08-00608 Text File.pdf 08-00608 Attachment A2.pdf 08-00608 Resolution.pdf 08-00608 Exhibit B2.pdf 08-00608 Project Costs.pdf 08-00608 Exhibit C2.pdf 08-00608 Certification.pdf 08-00608 Text File2.pdf 08-00608 Attachment A3.pdf 08-00608 Text File3.pdf 08-00608 Attachment A4.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 City ofMiami Page 32 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 R-08-0338 Chair Sanchez: We move on to PH.7. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. Could you put something on the record as to the motion [sic]? Alfredo Duran (Assistant Director): Yes, sir. Good morning. Alfredo Duran, with the Department of Community Development. This is a resolution authorizing the extension of micro enterprise contract to September of this year, and also to correct the name of the corporation as it is registered. Chair Sanchez: All right. Anyone from the public wishing to address this item? The public hearing is open. You're recognized for the record, ma'am. State your name and address for the record. Carolyn Umobit: Carolyn Umobit, 1940 Northwest 65th Street. I'm ownership of One Touch Changes Everything, and there's a change in the structure of business, not the name. I -- Mr. Duran: That is the reason why we're extending. Ms. Umobit: Oh. Mr. Duran: One of the reasons (INAUDIBLE), the change in structure of the business. Ms. Umobit: I didn't obtain my license to be certified on the board of Florida for a Massage therapist, so I changed it to pharmaceutical goods to sell. Chair Sanchez: But are you still pursuing it? Ms. Umobit: Yes. Chair Sanchez: Okay. So -- Ms. Umobit: I finished -- Chair Sanchez: -- you might have to come back? Vice Chair Spence -Jones: No. Chair Sanchez: No. Mr. Duran: She has until -- Ms. Umobit: No. Mr. Duran: -- September of this year to finish. Chair Sanchez: Okay. Ms. Umobit: No. City ofMiami Page 33 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. Ms. Umobit: I finish -- completed school. I've obtained my City and County license. I'm ready for -- to sell. Chair Sanchez: All right. Ms. Umobit: I'm ready to work. Chair Sanchez: All right. Thank you. Anyone else from the public wishing to address this item? If not, the public hearing is closed; coming back to the Commission. Commissioner Sarnoff. Commissioner Sarnoff How does this work? I mean, I take it that these are RFPs (Requests For Proposals) that have been responded to by people? Mr. Duran: Correct. Commissioner Sarnoff And they came in and they beat somebody else out who was in the competitive process, correct? Mr. Duran: They are reviewed by the -- they do need to comply with the RFP, and then they're reviewed by a committee. Yes. Commissioner Sarnoff Right. So they -- so a person comes in, they have one idea, and they went out based on your rating system for that idea, and now they -- so they displace somebody who didn't win out on that set -- on those body of people that were competing, and now they come in to you and they ask for a change. Aren't you, in some respects, harming those that didn't make the cut? Mr. Duran: The ones that don't make the cut are basically those that just fail completely to meet the minimum thresholds of an RFP. In the three years that we've been having this program, pretty much everybody that has met that RFP has been able to -- Commissioner Sarnoff Okay. Mr. Duran: -- get award. Commissioner Sarnoff I just want to make sure that's clear. Vice Chair Spence -Jones: And also, I just want to add, this young lady is someone that has actually completed the whole program at Miami Dade Community [sic] College, has been an outstanding business person and community person in my district, and I fully support her in her endeavors, and that's what I need to see happening within my district is entrepreneurs frying to do positive things for their community. So I fully support this change. Chair Sanchez: On -- Vice Chair Spence -Jones: I do want to add, though -- and I did have a conversation, Mr. Chairman, with Mr. Jones this week regarding the issue of the delay. A lot of times when the businesses receive recommendations from us, it takes a while because of changes. So I know Leroy said he's been trying to -- I see Mr. Jones here from NANA (Neighbors And Neighbors Association) -- at least connect with you based from the last meeting that you were going to set with him. If this is -- this particular item is an example of some of the things that happen and why the delays take a long time, so I'm just hoping that you're able to still sit down with NANA to work through those issues. Yes or no, NANA? City ofMiami Page 34 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PH.8 08-00610 Department of Community Development Chair Sanchez: Yeah. We're going to have a meeting. We have a meeting scheduled, correct? Leroy Jones: It hasn't been scheduled yet. Vice Chair Spence -Jones: He's been frying to do it. Chair Sanchez: Okay. Vice Chair Spence -Jones: That's why mentioned it. Chair Sanchez: We're going to meet. We're going to address those issues. On your case, which you don't need to come back up, I think we should be sympathetic to businesses, especially young people that are frying to start their own business. I mean, we have to reach out to them. At times we fund them enough just to fail, butl think that there are certain exceptions. However, on another note, I think that we also may have to look at tightening up the rules a little bit. That's something that we might have to do. There's always exceptions to -- I mean, she's fried. She's -- I'm sure she's given 150 percent and there's always exceptions. But think if you're going to come in and you're going to apply for a banker -- you know, should be a banker, not a baker. So we need to tighten up maybe the rules a little bit in the future. I know that, when you don't have rules, you can't make the rules as you go along in the game. You have to have certain established rules, and then those are the rules that we abide, but think, once again, we need to tighten up the rules on this to make sure that people that have applied and maybe were left out may not come back and say, "Well, I was treated unfairly." It's all a matter of fair and balance. But once again, I'm very sympathetic to you. I wish you the best with this micro loan. I hope you pick up your business and your -- you'll be an example as what these services could do to small businesses, especially minority businesses, so -- all right. No further discussion on PH 7? Priscilla A. Thompson (City Clerk): 7. Chair Sanchez: 7? Commissioner Sarnoff Yes. Ms. Thompson: 7. Chair Sanchez: All right. Commissioner Gonzalez: Yeah. Chair Sanchez: PH 7, the public hearing was open and closed. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" PH 7 has been approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $25,296, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PUBLIC SERVICE RESERVE ACCOUNT FOR DISTRICT 5; ALLOCATING SAID FUNDS TO NEW PROVIDENCE City ofMiami Page 35 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 DEVELOPMENT CENTER, INC., TO CONTINUE TO PROVIDE PUBLIC SERVICE ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-00610 Legislation.pdf 08-00610 Exhibit.pdf 08-00610 Exhibit 2.pdf 08-00610 Exhibit 3.pdf 08-00610 Exhibit 4.pdf 08-00610 Summary Form.pdf 08-00610 Public Notice.pdf 08-00610 Attachment A.pdf 08-00610 Letter.pdf 08-00610 Proposed Budget.pdf 08-00610 Agreement.pdf 08-00610 Resolution.pdf 08-00610 Master Report.pdf 08-00610 Funding Sheet.pdf 08-00610 Exhibit B.pdf 08-00610 Budget Form.pdf 08-00610 Lobbying.pdf 08-00610 Sworn Statement.pdf 08-00610 Exhibit G.pdf 08-00610 Insurance.pdf 08-00610 Letters.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-08-0339 Chair Sanchez: PH.8. PH.8, motion by Vice Chair Spence -Jones, second by -- Commissioner Gonzalez: By me. Chair Sanchez: -- Commissioner Gonzalez. Director [sic], could you put something on the record? Alfredo Duran (Assistant Director, Community Development): Yes. PH.8 is a resolution transferring $25, 296 from the District 5 public service reserve account to New Providence Development Center, Inc., a non-profit organization that will provide summer camp program to the area youth. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's already been a motion and a second for the record. The motion was made by the Vice Chair, second by Commissioner Gonzalez. Before we open it up for discussion, it is a public hearing, a resolution -- public hearing on PH.8. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be City ofMiami Page 36 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on PH8, we're going to be voting on PH8, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH 8, Madam Clerk, has been approved, 5/0. PH.9 08-00609 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF COMMUNITY Development DEVELOPMENT BLOCK GRANT ("CDBG") FUNDS, IN THE AMOUNT OF $3,000,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT CDBG HOUSING RESERVE TO MODEL HOUSING COOPERATIVE, INC., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE PURCHASE OF THE SUNTRUST BANK SENIOR CONSTRUCTION LOAN FOR THE VILLAS DR. GODOY HOUSING PROJECT LOCATED AT 1455-1479 WEST FLAGLER STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING SAID PURCHASE TO BE SUBSTANTIALLY ON THE TERMS STATED IN EXHIBIT "C" ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 08-00609 Legislation.pdf 08-00609 Exhibit.pdf 08-00609 Summary Form.pdf 08-00609 Public Notice.pdf 08-00609 Webpage.pdf 08-00609 Letters.pdf 08-00609 Letter.pdf 08-00609 Memo.pdf 08-00609 Attachment A.pdf 08-00609 Letter2.pdf 08-00609 Memos.pdf 08-00609 Letter3.pdf 08-00609-Submittal-Villas Godoy Condominium.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-08-0340 Chair Sanchez: PH.9. George Mensah (Director, Community Development): Mr. Chair. Chair Sanchez: It's a resolution. Mr. Mensah: PH.9 is a resolution authorizing the transfer of 33rd Year Community Development grant funds in an amount of $3 million from the City ofMiami Department of Community Development housing reserve, allocating said funds to Model Housing Cooperative, City ofMiami Page 37 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 as specified in Exhibit A, attached, for the purchase of SunTrust bank loan in accordance with the development of the Villas Godoy project, located at 1455-1479 West Flagler Street. Commissioner Gonzalez: I'll move PH9. Chair Sanchez: Okay. There is a motion on PH5 [sic], which is a resolution by -- Commissioner Sarnoff Nine. Chair Sanchez: -- Commissioner Gonzalez. Commissioner Sarnoff Nine. PH9. Commissioner Gonzalez: And let me tell you, the -- Chair Sanchez: Nine. PH9. I need a second. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, it is a public hearing. Sir, you're recognized for the record. Anyone else wishing to speak on this item, please step forward and be recognized. Okay. Mr. Godoy, you're recognized for the record. Roberto Godoy: Okay. My name is Robert Godoy. I am the executive director ofModel House [sic] Cooperative. I have with me several people; Ralph Puig is the architect of this project. We have John Little that is the attorney of the project. We have two -- Jorge Ramirez is a commercial broker only for the office. We have here two -- and (UNINTELLIGIBLE) Guerrero that is the secretary/bookkeeper of the Model House [sic], and we have Roberto Rodriguez that is one of the buyers because the other cannot come because everybody's working, but he doesn't work today. He has -- he work tomorrow. What I going to say that I am completely in favor of this approval. This is not -- this is only to take over the SunTrust because the SunTrust is the one that cause all the delay in this project. That mean that this amount will be pay from the selling of the apartment. This is not a grant. This is not a different loan. What I would like is, later on, to get in touch with the Manager and with the Attorney in relation to -- and with the -- and the board in relation to the budget because according to the information that we have, I am presented, you know, a budget because it's -- you know, it's -- this money is going to be paid for the construction, exclusive for the construction, but there are other money from the selling of the office that we -- Commissioner Gonzalez: Mr. Chairman, may I ask a couple of questions? Chair Sanchez: Sure. Commissioner Gonzalez: -- that I think that are very important and pertinent to this item? Is this project completed? Mr. Mensah: This project -- this is their project. Commissioner Gonzalez: Pardon me? It is completed? Chair Sanchez: It's 95 percent -- Commissioner Gonzalez: I know it's completed, butt want to put it in the record because I go by that project -- City ofMiami Page 38 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Vice Chair Spence -Jones: It's 95 percent -- Commissioner Gonzalez: -- every week, so I know -- Pedro G. Hernandez (City Manager): Commissioner -- Commissioner Gonzalez: -- it's completed. Mr. Hernandez: -- my understanding is that they do have a TCO (Temporary Certificate of Occupancy). Commissioner Gonzalez: Okay, they do have a TCO. My other question is, are all the units sold or qualified? Mr. Mensah: No. We have 18 that are sold and some of them are currently with the lenders. We don't have all of them, so no. Commissioner Gonzalez: How many units do we have in the project? Mr. Mensah: We have 32 units. Commissioner Gonzalez: Fifty-two units? Mr. Mensah: Thirty-two units. Commissioner Gonzalez: Thirty-two? Mr. Mensah: Yes. Commissioner Gonzalez: And you got 18 sold? Mr. Mensah: I have 18 sold, yes. Commissioner Gonzalez: Okay. What are the prices of these units? Mr. Mensah: The price of the units -- these four units selling for 112,315; two units selling for 125,000; 22 units selling for 190, 000, and four units selling for 209, 000. Commissioner Gonzalez: All right. Thank you. Mr. Godoy: Mr. -- Commissioner, ifI can explain to you what was the delay. The delay was that beside the SunTrust give the money for the construction, we were using SunTrust for -- to certify to these buyer, and there was a lot of delay of the SunTrust and other bank. Commissioner Gonzalez: You were using SunTrust for your buyers? Mr. Godoy: Yes. Because the -- Commissioner Gonzalez: Okay. Let me tell you. That was the biggest mistake that you could have made, and I'm going to say it publicly. Because working for the CBO (Community -Based Organization) in Allapattah, we had -- we fried to do business with SunTrust and we would have had failed, okay. We were intelligent enough to go to another bank, and they are -- the four project has been built, the four project had been sold. And John, welcome to City Hall. And John, you have been the -- our -- their attorney and my attorney while I was the executive City ofMiami Page 39 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 director ofAllapattah Business Development. But you can't deal with SunTrust when it has to do with affordable housing. They keep proclaiming -- as a matter of fact, I believe that about a year ago there was a suit, a class action or something against this bank because they were not participating in community issues. They are not pro -community, and I'm going to say it because we -- they held us -- on one of our projects, they held us eight months and they never gave us an answer if they were going to provide financing or not. Intelligent enough, I told those people start looking for another bank, move in another direction, and guess what? They got financing, Mr. Manager, from another bank. They completed their project. So far, up to date, SunTrust hasn't yet given an answer on the loan that they requested for construction, so -- Mr. Godoy: Commissioner, we are not using no longer -- you know, SunTrust is more -- the City and us, we took every case that were pending with SunTrust, and the City is with us. We are giving to others bank. That mean that this is going to go very fast because that was really (INAUDIBLE). Commissioner Gonzalez: I want to apologize to my colleagues because I'm -- you know, I'm asking of this line of questioning, but think that have a little bit of knowledge of you know, building affordable housing and all that because that's what did for quite a few years. How much subsidies are these units that they're selling going to have? Because we need to make sure that these units are going to be sold and are going to be occupied. And I know these are directed to low- and moderate -income families and they won't qualify unless they have the proper amount of subsidies from the City or from the County or from the State. Mr. Godoy: Commissioner, between the City and the County, they are given to each of the buyer that qualify over $70, 000; that this will be forgiven loan. That mean that they don't need to pay if they fulfill their require -- if they live so many years -- Chair Sanchez: First-time buyer program. Mr. Godoy: Yes, first-time buyer program. And like I say, six apartments, they are being selling [sic] to very, very low-income people. The rest is selling to very low income. We are not selling any one to medium or to high income. They are very, very low income and low income. Now, we are going to be -- already we are put in -- you know, we are going to the radio, to the television, to the newspaper (UNINTELLIGIBLE) to sell the other. I don't expect any problems because what the delay -- the problem was that the SunTrust -- Commissioner Gonzalez: Right. Let me give you a word of advice. You should get a hold of Allapattah Business Development. These people have a list of probably about 50 or 60 buyers that will probably qualify for your project, and they could assist you in providing you leads so you can -- you know, between -- both of you can share the clients, okay. Mr. Godoy: The problem was when they gave the loan to buy -- to the construction, they ask -- they wanted to have -- to qualify the buyer. We have a wonderful person there, Rubin Padron, but Rubin Padron is not longer. They took him from this project. Commissioner Gonzalez: All right. Thank you, Mr. Chairman. I'm done with my questions. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. You have some questions -- Commissioner Sarnoff I do. Chair Sanchez: -- Commissioner Sarnoff? City ofMiami Page 40 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff Mr. Mensah, it's my understanding that the City gave $1, 500, 000 some years ago. Mr. Mensah: That's correct. Commissioner Sarnoff Then it's my understanding the City gave another $417, 000 some years ago. Mr. Mensah: That has not been disbursed. That's -- we don't have a contract yet. Commissioner Sarnoff No, no. Mr. Mensah: It's contingent upon this. Vice Chair Spence -Jones: It's been allocated. Mr. Mensah: Allocated, yes. Commissioner Sarnoff Okay. So the City will have a $1,917, 000 into this project? Mr. Mensah: All said and done, yes. Commissioner Sarnoff The County is giving them $2,100, 000? Mr. Mensah: Yes, approximately. Commissioner Sarnoff So the total amount of taxpayer subsidy to this project is $4, 017, 000? Mr. Mensah: Yes. Commissioner Sarnoff That means that for the 65 units that -- the taxpayers have paid $220, 000 -- Chair Sanchez: Thirty-two units. Vice Chair Spence -Jones: It's 32 units. Mr. Mensah: No, no. Commissioner Sarnoff Sorry. -- for the number of units that they have paid $220, 000 per unit? Mr. Mensah: Not -- no, it doesn't work out that way because the money that we provided is supposed to be paid back. That money goes to the buyer when they sell the property. Commissioner Sarnoff Well, you're now asking the City to take on another $3 million, correct? Mr. Mensah: We're asking -- yes. Commissioner Sarnoff Am I right on that? Mr. Mensah: Yes. Commissioner Sarnoff If this City -- and by the way, let me just get a question. Are there any liens on this, Ms. City Attorney? I mean plumber's liens. City ofMiami Page 41 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Ilene Temchin (Assistant City Attorney): Yes, sir. Mr. Mensah: There are two liens, and those two liens are from I think a plumber and another one is a roofer, and those liens are due to the fact that the retainage [sic] has not been paid and their retainage [sic] are part of the SunTrust loan. Commissioner Sarnoff Well, the point is whenever anybody's going to close, the liens have to be satisfied. Mr. Mensah: Yes. Commissioner Sarnoff And these liens are in the hundreds of thousands of dollars, correct? Mr. Mensah: No. Chair Sanchez: No, no. Mr. Mensah: The liens are about 60, 70 -- approximately $70, 000. Commissioner Sarnoff Is there a plumber's lien right now for $300, 000, Madam City Attorney? Mr. Mensah: No, there's not. Ms. Temchin: Well, Commissioner, our last title search shows a plumber's lien of $300, 000. If staff has determined that that's been satisfied -- Mr. Mensah: No. If -- Ms. -- Ms. Temchin: Yes. Mr. Mensah: -- Assistant City Attorney, if you look at the document, it says they furnish a total amount of $308, 000 -- Ms. Temchin: Three hundred thousand. Mr. Mensah: Amount remaining is about $30, 000. Commissioner Sarnoff All right. Let me ask this. Why would this City put three million more dollars into a project that in taxpayers' subsidies already has $4, 017, 000 into the project? Wouldn't we be better suited to allow the marketplace in this circumstance to take its own action, allow Sun -- allow this bank to foreclose; they will be able to sell these units for between 120,000 and $170, 000 versus the City ofMiami using taxpayer dollars imperiling itself and just allow the market to happen? And the reason I say this to you is right next to their building, right -- and Commissioner Sanchez should know this. We got a phone call from Havana Lofts, located at 605 West Flagler. It's that very pretty, tall building that's right on the river. This is waterfront property. Chair Sanchez: But it's not next to that building. Commissioner Sarnoff Close. I apologize. Chair Sanchez: It's several blocks that way. Commissioner Sarnoff All right. They are now willing -- and this goes to my scattered site housing. You're asking the City ofMiami to put three million into this building, in which case all City ofMiami Page 42 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 we're going to do is drive up the cost of the unit. You could put $3 million, if you chose to, City Manager, into a building where there are 70 units available and they've told us that they would sell them at $170 a square foot. Remember that threshold? We're building affordable housing at between 280 and $320 a square foot. The numbers have come down such that there is a place, never been lived in, brand-new apartments, right on the river, waterfront, afford -- Commissioner Gonzalez: No, no, no. Let me correct the record. They are not on the water. They are not on the river. They are at the corner of Northwest 6th Avenue and Flagler Street, across the street from Robert's Pharmacy. To begin with, you can't compare that area with this other area. The area where this building is -- had been build used to be called Little Vietnam. Chair Sanchez: Yeah. Commissioner Gonzalez: Okay. So you can't compare this neighborhood to this other neighborhood, even though -- and I have to -- when I make this derogatory comment about the area being called Vietnam, Commissioner Joe Sanchez has to be recognized for having cleaned up that area the way that he has done because I remember those years. My uncle used to have different properties that he acquire back in the '60s in that neighborhood, and the properties, at one point, they weren't worth nothing, okay? So -- of how bad that neighborhood was. It has been cleaned up a lot, but still, you can't compare this neighborhood to the other neighborhood, and it's not on the river, Commissioner. It's not on the river. Commissioner Sarnoff But my point is, wouldn't we be better suited to put $3 million into $170 a square foot affordable housing and then be able to sell that off recoup our money, and do like I suggested with scattered site housing versus putting $3 million into a building that you're only going to drive up the cost of the actual condominium itself? Mr. Mensah: I just want to say that, first of all, adding the $3 million does not drive up the cost. The cost -- current cost includes the $3 million, which SunTrust owns. The only thing that we doing here is swapping the SunTrust loan for City ofMiami dollars. Now, we also had to do this for the reason that we have $1.5 million that's been disbursed. If we don't do this -- Vice Chair Spence -Jones: We lose money. Mr. Mensah: -- we are going to have to pay HUD (Department of Housing and Urban Development) that 1.5 million. Those $1.5 million is not -- those -- the $1.5 million is not going to -- did not go to Godoy. The 1.5 million is supposed to come back to the buyers as second mortgages and they were supposed to get $48, 000 each. Commissioner Sarnoff Sure, as a subsidy. Mr. Mensah: So -- as a subsidies, so -- Commissioner Sarnoff I understand, but let me -- Mr. Mensah: -- if we lose it, we don't -- Commissioner Sarnoff Well, let me ask -- Mr. Mensah: -- have additional subsidy. Commissioner Sarnoff -- the City Attorney this question. If SunTrust were to sell the units for between 120 and $170, 000 so the adjusted mean 80 percent below the Dade County adjusted mean income, would we have to pay back that loan? City ofMiami Page 43 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: Yeah. Ms. Temchin: The -- if the home buyers were approved by the City and met all the other conditions of their loan, then it is likely we would not have to repay it, but all the conditions of the City's loan would -- funding would have to be met, including City approval of the home buyers. Mr. Mensah: There's additional condition, Ms. Assistant Attorney -- Ms. Temchin: And -- Mr. Mensah: -- and the additional condition is that CDBG (Community Development Block Grant) funds can only be used for the construction of housing if the construction is done by a nonprofit. So if a for profit thinks about this property, then that -- Commissioner Sarnoff Well, I'm not suggesting -- Mr. Mensah: -- the use of those funding -- Commissioner Sarnoff -- but I'm not suggesting a for -profit would do it. I'm suggesting the bank would enter in -- the bank would then do sales. Chair Sanchez: No. Ms. Temchin: Commissioner, the bank -- Mr. Mensah: No. That's not -- Vice Chair Spence -Jones: Let -- can I just ask one --? Commissioner Sarnoff Why would --? Vice Chair Spence -Jones: I -- I'm sorry, Mr. -- Mr. Godoy: Can I answer? I will -- Vice Chair Spence -Jones: I just want to ask one question. When did -- Chair Sanchez: Hold on, hold on. Vice Chair Spence -Jones: -- the project start? Chair Sanchez: Hold on, hold on. Commissioner Sarnoff has the floor. He's asking questions, okay. Let's stay in order here. Commissioner Sarnoff Go ahead. Larry Spring: Larry Spring, chief financial officer. Being a former banker myself it is likely that the bank, if they foreclosed, they're not going to finish this development as developers. They're going to sell it. They're going to sell the project incomplete to someone else for them to complete it, so to assume -- Commissioner Sarnoff Subject to our covenant. Mr. Spring: Yes, but they can sell it to whomever. City ofMiami Page 44 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff Subject to our -- Mr. Spring: They can sell it to a -- Commissioner Sarnoff What does our covenant say, Larry? Mr. Spring: We have an affordability covenant for how many years? Mr. Mensah: For 30 years. Mr. Spring: Ten years -- 30 years that runs with the land. Commissioner Sarnoff So they could sell the property, subject to a covenant that the average -- the mean income must be 80 percent below -- oh, I'm sorry -- must be -- well, I don't know what it says for our covenant. Mr. Mensah: The covenant says that it has to be sold to a low-income (UNINTELLIGIBLE) making 80 percent of median income -- Commissioner Sarnoff Right. Mr. Mensah: -- and the price cannot be more than 236. Commissioner Sarnoff So they would be selling it to anyone who buys it subject to that covenant? Mr. Spring: Not necessarily. Mr. Mensah: Well, that -- if we have it, the guarantee -- if we have the guarantee that that is indeed what will take place, then we would definitely will not -- will say then there's no need for us to be able to do this. Commissioner Sarnoff Well, what's -- let me ask the City Attorney. What's the point of the covenant, if the bank can defeat the covenant because I'm not aware that it can? Ms. Temchin: Commissioner, the covenant requires that for the next 30 years, the units be sold to the low-income home buyers approved by the City at a sales price not in excess of $236, 000. Commissioner Sarnoff Right. Ms. Temchin: It's recorded in the public record. Commissioner Sarnoff Right. Ms. Temchin: It's -- it has not been subordinated to the lien of the SunTrust mortgage. Commissioner Sarnoff Exactly. My point, which is what Larry Spring was saying, I think, was wrong, whoever they sell this -- let's say they sell it to the Related Group. Let's just say they went Mr. Spring: Then we would lose our money. Commissioner Sarnoff -- to the Related Group. The Related Group still has to turn around and sell affordable housing. City ofMiami Page 45 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: And we'd lose our money. Mr. Mensah: We would lose our money, yes. Commissioner Sarnoff You don't lose your money. Chair Sanchez: Yes, you do. Commissioner Sarnoff You -- you see, this is where I think you're wrong. You don't lose your money. Chair Sanchez: All right. Commissioner Sarnoff Because the $1.5 million will be satisfied as a result of them being forced to sell at the affordable housing rate. Commissioner Gonzalez: No. Mr. Mensah: No. Because if this -- in this case, the use of that money becomes ineligible because now the advantage of putting the $1.5 million CDBG dollars is not being used for the benefit of a for profit entity, and the regulation states clearly that you can only use CDBG dollars for construction of new housing if the recipient is a CBDO (Community -Based Development Organization). They have to be a community -based organization for us to use that money. Vice Chair Spence -Jones: Okay. I got a question. Chair Sanchez: Mr. Godoy, do you want to address the issues -- Mr. Godoy: Yes, the issue, the issue. Chair Sanchez: -- and then we'll have Vice -- hold, hold, hold. Mr. Godoy: (UNINTELLIGIBLE) -- Chair Sanchez: I'm going to let you -- yes, sir. Listen, relax. We got time. You have an opportunity to answer his question and then we'll allow Vice Chair Spence -- Vice Chair Spence -Jones: I just have a question to ask so he can answer that question, too -- Chair Sanchez: But -- Vice Chair Spence -Jones: -- at the same time when he's going to make the statement. I just wanted to know when did the project start because --? I mean, it seems like it's been going on for a while, and is -- I thought it was in your district, but apparently -- Chair Sanchez: It is in my district and it started many years ago. Mr. Godoy: No, but the construction -- Chair Sanchez: Answer the question. You want to answer -- Mr. Godoy: Okay. City ofMiami Page 46 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: -- one of the questions. Clarify that. Mr. Godoy: Commissioner, you are an attorney, I am an attorney, and here is our attorney. The reason that the City ofMiami is doing this because, if not, they will lose the money that they already put. The County will lose the money, too. Let me give you example. A month ago they came three individuals from west -- North West Palm Beach. They were saying, no, we are buying this property from the bank. The bank is frying to sell this and to eliminate the City of Miami and eliminate the County, yes, because they have the first loan; and the first loan -- this other loan is subordinate to the loan of the SunTrust. That mean the SunTrust will do the foreclosing and will eliminate -- the City ofMiami will lost [sic] over a million dollar and the County will lost [sic] over $2 million. This money will not increase the selling price because the -- we calculate the selling price with the $3 million of the SunTrust. That mean the buyer, they are not going to suffer any loss, and if this is not approve, the City and Dade County, plus the buyer, will lost because these people, the SunTrust is selling to a non -- (UNINTELLIGIBLE) I told them get out the building because this building do not belong to the SunTrust and this -- the attorney can tell you they have the first mortgage. They will eliminate the City ofMiami and they will eliminate the Miami -Dade County. Commissioner Sarnoff Well, here's the part I'm having trouble understanding. The City of Miami gives you $1.5 million. In return for that, you gave them a covenant that runs with your land -- Mr. Godoy: With the land. Commissioner Sarnoff -- that nobody could ever defeat, not SunTrust, not a first mortgage, not a second, not a third mortgage holder. SunTrust comes in as a first mortgage holder, correct? Mr. Godoy: And they are mortgage of the City and the County subordinate to that loan. Commissioner Sarnoff You're telling me that the -- was that a loan, Mr. Manager, or is that money that was being provided without a loan so that it's merely a covenant that runs with the land? Mr. Mensah: It's a loan. Commissioner Sarnoff It's a loan. Mr. Mensah: Yes. Commissioner Sarnoff So the 1.5 million is a loan? Mr. Mensah: Yes. Commissioner Sarnoff That's to be paid back. What about the County's 2.1 million? Mr. Mensah: Some of it is a loan; the others, they are grants. Commissioner Sarnoff Okay, so we don't represent the County; we shouldn't care about them. Just the taxpayers might care. So the $1.5 million is a loan, which is -- which you had to subordinate, which means that the money from SunTrust is going to be the first one to be paid back if anyone gets paid back? Mr. Mensah: Yes. Commissioner Sarnoff But nonetheless -- and the only thing I've heard that Larry said to me City ofMiami Page 47 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 that causes me concern in my analysis is the fact that if this gets turned over to what you call a "for profit developer, " who still has to sell it -- Mr. Mensah: Yes. Commissioner Sarnoff -- for affordable housing, we technically violate the $1.5 million loan requirement from CDBG -- Mr. Mensah: Yes. Commissioner Gonzalez: That's right. Commissioner Sarnoff -- that a not -for -profit must be the one selling it? Mr. Mensah: Yes. Chair Sanchez: Bingo. Commissioner Gonzalez: That's right. Chair Sanchez: Now you got it. Commissioner Gonzalez: Now you got it. Mr. Godoy: Remember -- Commissioner Sarnoff Do I look that dumb? I mean -- Commissioner Gonzalez: No. Mr. Godoy: -- Commissioners, this month -- Commissioner Gonzalez: You know, it's very tricky. Once you use these HOME (Home Investment Partnership Program) funds and these, you know, CDB -- especially HOME funds, it's very, very tricky. I mean, you -- you know, anything that you do out of the contract, you lose your money. You lose it. Commissioner Sarnoff But there's no chance, correct me if I'm wrong, Commissioner Gonzalez -- there's really no chance that we're ever going to recoup because we're about to put three million more in, so now we'll have 4.5 million -- really, we'll have 5,300, 000 in this project. What do you think the City ofMiami recoups of that? Commissioner Gonzalez: Well, I haven't analyze the project because, you know, I just was briefed and I know the project has been completed, but that has to be the question to the Administration -- Mr. Mensah: The sale -- Commissioner Gonzalez: -- you know, how money -- this money are we going to recoup -- are we going to recoup --? Mr. Mensah: The sale -- the total project cost is $7.2 million. Commissioner Gonzalez: Okay. City ofMiami Page 48 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Mr. Mensah: Out of that -- Commissioner Sarnoff Four point five? Mr. Mensah: -- the -- there's a $312, 000 that's a grant, another $659, 000 that's a grant. They have to pay back $5.8 million. The sale of the units yields -- the sell of the residential units -- Commissioner Gonzalez: How much is that going to produce? Mr. Mensah: -- yields $5.7 million -- Commissioner Gonzalez: Okay. Mr. Mensah: -- and there is a commercial component that yields approximately $250, 000, so in all the total sales proceeds of these units will be $5.9 million. The cost -- that has to be repaid back, including the $3 million that if we -- if this approved, will be 5.8, so there's a -- Commissioner Gonzalez: All right. Yeah. Mr. Mensah: -- difference of $100, 000. Commissioner Gonzalez: If they sell the project complete -- Commissioner Sarnoff Right, if they sell out -- Commissioner Gonzalez: -- we will recoup the money. Commissioner Sarnoff -- at their numbers. Commissioner Gonzalez: Yeah, at their -- well, yeah, at their numbers. Mr. Mensah: And we have appraisals, the ones -- the appraisals that we've had -- Commissioner Gonzalez: Let me tell you, the numbers -- what really concerns me is that I haven't seen an effort or an outreach to get buyers. I mean, they should have done a better -- because in Allapattah, we have at least -- the people -- I mean, the people are calling for my units. Commissioner Sarnoff Don't you have people lined up? I mean, literally, don't you have people lined up? Commissioner Gonzalez: Yeah, and we don't have units. We sold everything that we built, so that's why I told him to call these people in Allapattah and have the people from Allapattah refer these -- some of these buyers have even been prequalified in Allapattah, so you know, it will be a quick solution. Commissioner Sarnoff Let me ask one last question and then I'll allow you guys because I do understand -- I understand the one technical flaw that Larry brought up because he's a banker. Let me ask you, Madam City Attorney. If these units are sold to people who make 80 percent or less of the median income, would HUD forgive us? Ms. Temchin: Commissioner, as previously stated, the money would have to be used by an eligible subrecipient. So if the developer that took over the project -- SunTrust lawyer has confirmed to all of us, staff and myself they are planning to foreclose and sell the project. They are not planning to sell the units themselves. They're planning to find another developer. That's City ofMiami Page 49 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 clear in our discussions and negotiations. If it were sold to a noneligible developer, which is the practical way of saying that, or for profit, it would be a misuse of the funds, an inappropriate use of the funds, and we'd have to pay it back, so -- Commissioner Gonzalez: Yeah. Ms. Temchin: -- what was trying to say before is that it's not just the sale of the units to the low-income home buyers. It's not just the sale of the units to low-income home buyers approved by the City. All of the conditions of the regulations in our loan documents would have to be met, so I cannot tell you exactly, but just the sell would not do it. Commissioner Sarnoff So the thing we have to be concerned with is it could be a non-501(c)3, in which case, it trips the 1.5? Ms. Temchin: Yes. Commissioner Gonzalez: Um -hum. Ms. Temchin: Yes, sir. Chair Sanchez: Okay. Mr. Godoy: Commissioner, if you allow me -- Commissioner Gonzalez: And I bet you that -- Chair Sanchez: All right. Commissioner Gonzalez: -- the bank -- Commissioner Sarnoff Oh, I understand now. I really do. I -- Mr. Godoy: No, no. For the selling of the property (INAUDIBLE) -- Chair Sanchez: Well, can you turn that in to the City Clerk so she could give it to all the Commissioners? Commissioner Sarnoff I'll give it to her as soon as I'm done reading it. Well, I think Commissioner Gonzalez would want to see this. Chair Sanchez: All right. Commissioner Sarnoff are you done? Commissioner Sarnoff Yes, sir. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. -- Mr. Godoy: And I'm going to get the advisor of the Commissioner Gonzalez and talk to Allapattah. Okay. Commissioner Regalado: Thank you, Mr. Chairman. My comment is about the outreach and it's about the need. My relation to this project, which is in the Chairman district, is through the television and the radio. Mr. Godoy has been in my TV (television) program. First time that he went, he explain that there were some apartments that were available, and he gave his cell City ofMiami Page 50 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 number on the air and immediately it start ringing on the studio. He also gave another number. By the time that we were done, there were three or four people that had left their home and gone to the studios on Northwest 7th Street. Afterward, my understanding was that there were 20 to 30 people that wanted to participate and that they believe that they had the require regulations or that they can apply. I think he understand that a lot of people are waiting to buy, that a lot of people are in need, that a lot of people did apply, but I don't know what happen, but some of them were disqualified for some reason or another. In fact, an employee of the TV station, who qualify because was making the right amount, had to cease and decease [sic] of taking that. So I don't think that it's about people wanting to buy. I don't know if it has to do with the regulations or the bank, but I'm telling you that in one single program that we did talking about that building, there were 20 to 30 people ready to participate, and that's my experience with that project, which I'm sure it will be with any other project that facilitates people with poor income to buy. Thank you, Mr. Chairman. Mr. Godoy: Commissioner, to answer -- let me ask only question -- to answer to him. Chair Sanchez: You're about to lose one Commissioner and we don't want to do that. Mr. Godoy: No; only one question. When -- the beginning we have more than 100 people working -- Chair Sanchez: I remember. Mr. Godoy: -- it was the delay by the City, the County, and specific, by the bank. That's it. No more. Chair Sanchez: Next speaker. I think we had two speakers, correct? Okay, two minutes. Luis Herrera: Yeah. My name is Luis Herrera. I'm a citizen of the Miami, taxpayers. The situation we have now with the foreclosure increase, this $3 million they going to give you in this project is to pay Mr. Godoy stay out of the way and then the City -- the money for the taxpayers, like me, they going to be responsible to sell out this building or something like that. At this kind of money that's given to the -- Mr. Godoy and get out of the way, I don't think so. The money from the taxpayers could be a risk in this type of buildings. I believe -- I agree with the affordable housings; the people, they need it, but ifMr. Godoy is the one who do the business, I think he's supposed to be finish the business. Thank you. Chair Sanchez: Thank you. Next speaker. Grady Muhammad: Good morning, Mr. Chair, Commissioners. Chair Sanchez: Yes. Mr. Muhammad: Grady Muhammad, representing At the Radius Group, 7035 Northeast 4th Court. Commissioner Sarnoff remember Loft I? They received a million dollars from the City, two million from the County. Because the covenants was not there, they kept the money. So we have to do -- this is a wonderful project. We need more of these in our community. More of these -- because, Commissioner, I sat on the citywide advisory board, giving money to Allapattah Business Development '96 through '99, so those projects that are affordable, they go through a lot more red tape, but this Commission has a great opportunity to do one thing in certain neighborhoods, in certain parts of Overtown or Liberty City; homes don't go for 225, and you all can resfrict the capacity that HUD has on the limit up to 236. You all can resfrict it to 175. That was created because of California, where that price at the time was 135, the HUD subsidy or the -- up to 135. Those houses was costing over a half a million dollars in California; we have it up to 236 here. Most properties, if you do comparative analysis in Liberty City and Overtown, have City ofMiami Page 51 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 never sold for $100, 000, so we're creating a market that does not exist, first, and the City is, unfortunately be -- and the County -- (UNINTELLIGIBLE) implicit and complacent in it. But in certain things, like through the Model City Trust and Liberty City Trust, you have to purchase and build houses for people who may not qualify. You have to purchase down that mortgage sometimes. This is a wonderful project. We hope more of them get built throughout the City of Miami. And in reference to the At the Radius Group, we applied for $100, 000. We have a five unit at 7035 Northeast 4th Court. We're fixing it up. We wasn't recommended for funding for CDBG. And you're talking in the Upper Eastside -- the rents will be for one bedroom, $680. I dare -- I challenge you to find that in the Upper Eastside, Commissioner; you won't. So we're having a five -unit affordable housing project. We will request $100, 000. Thank you all, Commissioners. Chair Sanchez: Thank you, Muhammad. Thank you. Commissioner Gonzalez: All right. Chair Sanchez: The public hearing -- that concludes the public hearing, coming back to the Commission. Any further discussion? There's been a motion and a second. The motion was made by -- Commissioner Gonzalez: By me. Chair Sanchez: -- Commissioner Gonzalez, second by who? Priscilla A. Thompson (City Clerk): Commissioner Regalado. Chair Sanchez: Regalado. Commissioner Gonzalez: Regalado. Chair Sanchez: No further discussion. Very brief. This is all about risk versus reward. Risk is every -- all the money that we put in, we lose. The reward is that we committed to 32 families who have already have [sic] an opportunity to accomplish the American dream. This is something that we have inherited a long time ago, but we need to get out of this. We need to invest and invest in the City to get out of this mess that they got itself into. So it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. Commissioner Sarnoff I just want to say why I voted yes because I think I was resistant. I've learned, since sitting here now, that the 1.5 million would be imperiled in the event that it was sold to a not -for -profit Chair Sanchez: Yeah. Commissioner Sarnoff And I just want to explain why I did that. I only did it, as Commissioner Sanchez suggested, which is sometimes you do have to spend some to protect what you have, and what I heard from the numbers, we'll come close to getting our five point -- $5 million out of project. Thank you. Chair Sanchez: Commissioner, on that, and we basically pushed the vote because we were going to lose one Commissioner. Look, it makes sense for the City to save its investment, all right. We invested money just like the County because this City has taking [sic] a proactive step City ofMiami Page 52 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 to make sure that we help those individuals who want to help themselves accomplish the American dream. This was a 32-unit in the heart of Little Havana, okay. Mr. Godoy has the heart of a lion. He had a dream to build that. It's turned into a nightmare, okay. But you know what? He stuck through it and through it all, the project is nearly done. We've had an opportunity -- at least I did -- to sit down with the Administration, and I feel comfortable that we will be getting our money back based on this decision. First of all, the federal government figures that the 1.5 invested in the project will probably be waived or forgiven, correct? So that assures us the $1.5 million is not going to be lost. Mr. Mensah: Yes. Chair Sanchez: Okay. The other thing is that we have an opportunity to recoup our money with the purchase of those units. Mr. Mensah: Yes. Chair Sanchez: And I was there in 205 [sic]. This isn't -- most of all inherited here. But in 205 [sic] I was there for the grand opening, and there were people lined up to purchase a unit, and if there's one thing that we cannot do is take hope and faith away from the people that were there. If we are committed to affordable housing that we need to make the proper choices, and in this case, some may see it as bailing out a developer. Mr. Godoy is not a developer. This will probably be the last development he'll ever do in his entire life, I could guarantee you that, because as I stated before, it started off as a dream and it ended up like a Freddy Krueger nightmare. I think you'll never do it again. But we have the opportunity now to finish that, recoup our money, and have 32 units, people that have already committed, like some of these people that are here already that have already put their money in. And you know, Commissioner, you made some points that, apparently, I don't know if you were somehow misled on them or -- it got cleared as to this. If it would be done that way and it could be done that way, I think we would have done it that way, but we have to understand that when we receive money from the federal government, those money [sic] comes with a lot of restrictions and you cannot violate those restrictions. And we all know that today, with the foreclosure crisis that the private sector is feeling out there, well, guess what? This was a byproduct of those foreclosure crisis. So therefore, if we walked away from this, 32 families will probably never have an opportunity to accomplish the American dream; second, we lose five point something million dollars that we put out. The County loses its money, but once again, we're not here to protect the County's interest. We're here to protect the City's interest. So I think that this is a good investment for us to get this finally done, put a closure to this, finish your project, and maybe then -- maybe you could take a long vacation after this, okay. All right. Yeah, everybody. So having said that, it was voted. Thank you for giving me the opportunity to clarify those things. We just had a vote and very quick because I didn't want to lose the other Commissioner. Vice Chair Spence -Jones: I just want to add on it. I did have an issue or a concern in the very beginning with the $3 million being spent on a -- on this particular project, especially with all the history, and one of the things that I said to City staff or CD (Community Development) staff is that this is one of the reasons why I feel it's important that our CBOs receive the necessary training on how to do projects to get them done. I -- in my briefing with you guys, you told me there's a very long period of time that it took place -- that took place in order for the project to happen and a lot of times, if a person does not have the skill set or the understanding on how to do affordable housing, you know, from that perspective, then I think that somehow a lot of that attracts -- I think that's the reason for what we're seeing today. For me, the reason why I decided to support the project in the very end after our briefing, Alfredo, was the fact that the money was going to be reimbursed back, and I just want you to put on the record so that we're very -- so that the public is very clear, the $3 million that's being utilized for this particular project will be reimbursed -- will come back in as program income, and I don't think that you've made that clear enough, and I think that you do need to -- and if you can kind of give us a sense City ofMiami Page 53 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 of the time frame so that we're all on the same page. I know that all of our districts have issues with affordable housing or housing period, so that $3 million could have been, you know, definitely utilized by all of us, so -- but we do recognize the need, Dr. Godoy, to support what you guys are doing, and these amounts for the units you just cannot beat, so we support that 100 percent. But I think that you do need to make it clear on the record for those that are watching so that they don't become confused. Alfredo Duran (Assistant Director, Community Development): Yes, that's correct. Vice Chair Spence -Jones: The money will be made available again for other districts throughout the City. Mr. Duran: That's correct. The conditions that the developer had with the SunTrust bank, as far as the repayment of their loan, follows that with us, as soon as we take that position. The $3 million will be repaid, first as SunTrust was going to be paid, from the sell of those units. It's a repaid loan, yes. Vice Chair Spence -Jones: So that -- Chair Sanchez: We recoup our money. Vice Chair Spence -Jones: Just from -- right, I know. So the time frame is another year, two years? Mr. Duran: About -- I would say six months, nine months, yes. Vice Chair Spence -Jones: So we're talking about a very short time frame before we see that money coming back into the account, which I think it was really important to say so that people would hear that. And all -- and just in closing, I just want to add, I think that as my Chairman stated early with another item I had, we just want to make sure that since the fairness is across the board, you know -- you know, sometimes people have the wrong perspective by -- based upon what they see or hear or read and they don't have the full story as to why City Commissioners make decisions on issues, so I just want to make sure that same sense of fairness is applied when we all run into issues like we ran into with Dr. Godoy's project. Thank you. Chair Sanchez: And Mr. Director and Mr. City Manager, Mr. Godoy, this Commission supported this because we want this project to be completed and successful, but I'll tell you this much. If, by January 1 -- and I know you say three months. I'm going to give you plenty of months -- all these units are not fully occupied -- Vice Chair Spence -Jones: He didn't say three months. Mr. Duran: No, no. I said six month to nine months. Vice Chair Spence -Jones: Six to nine months. Chair Sanchez: Six to nine months, and it's fine. Well, I'll give -- listen, January 1 -- January 30, I'm hoping that all those units will be closed, and if they're not, I'm going to be screaming bloody murder up here. Because you know what? Tomorrow's newspaper is going to criticize this legislative body for taking this action, and it's fine; we get criticized every other day, but if we don't have those units completed, I think not only are we going to look bad, you're going to make us all look bad, and I don't think we're here to make anybody look bad, so by January 30, I want all those units, Mr. Godoy, filled with people who have accomplished the American dream of saying, this is mine, this is my home. City ofMiami Page 54 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Mr. Godoy: (COMMENTS OFF THE RECORD). Chair Sanchez: Okay. Do you want to come up here and put it on the record, that's even better because that way I have -- come up here and say it. By January 30, those units better be filled. Mr. Godoy: Commissioner, we have all the plan and everything with insurance, with the architect, with the contractor, and everything to finish everything by October 31 of this year. Chair Sanchez: I want bodies in them. Mr. Godoy: Yeah, body by -- Chair Sanchez: People. Mr. Duran: No, no, no, we're not making that commitment. We don't, Commissioners, mis -- him to misunderstand. What we're saying -- you're saying buyers moving in. Chair Sanchez: Yes. Mr. Duran: Not completion -- Chair Sanchez: No, no. I want buyers moving in. That's all that -- I mean, at the end of the day, all that people care about, HUD cares about, we care about, everybody cares about, it's not building something; it's putting families and people into those units. Mr. Duran: Understood. Chair Sanchez: Because we could build -- look what's happening in our City. We build and build and build and although the people are moving in it, but there's still a lot of properties that are empty. Mr. Godoy: Commissioner. Chair Sanchez: Name? Mr. Godoy: Roberto Godoy again, executive director. What we want, too, is that the City of Miami do not delay in make those payment because -- for example, we need to do right away to pay for the surveyor and to -- because I cannot do any closing until -- Chair Sanchez: All right. Mr. Godoy: -- we have the money for the surveyor. That mean, if the City ofMiami, they do on time, the payment -- Chair Sanchez: Yes. Mr. Godoy: -- we will finish everything. Chair Sanchez: Okay. Mr. Godoy, the City will hold to its end. Mr. Godoy: Okay. Chair Sanchez: We hope you hold to your end. Mr. Godoy: Yeah. We all -- City ofMiami Page 55 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. Thank you. PH.10 08-00634 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF MAYOR'S POVERTY Development INITIATIVE FUNDS, IN THE AMOUNT OF $30,000; ALLOCATING SAID FUNDS TO ST. ALBAN'S DAY NURSERY, INC. D/B/A ST. ALBAN'S CHILD ENRICHMENT CENTER, TO CONTINUE TO PROVIDE PUBLIC SERVICE ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-00634 Legislation.pdf 08-00634 Exhibit.pdf 08-00634 Exhibit2.pdf 08-00634 Exhibit3.pdf 08-00634 Exhibit4.pdf 08-00634 Summary Form.pdf 08-00634 Public Notice.pdf 08-00634 Pre legislation.pdf 08-00634 Attachment A.pdf 08-00634 Corp Papers.pdf 08-00634 Narrative.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0341 Chair Sanchez: Next item, PH.10. Alfredo Duran (Assistant Director, Community Development): PH (Public Hearings) -- Chair Sanchez: PH.10 is a public hearing. It's a resolution, and that's the last public hearing. Mr. Duran: Yes, Commissioner -- Mr. Chairman, I'm sorry. This is a resolution authorizing the transfer of $30,000 to St. Alban's day care centers to provide child care services from the Mayor's Poverty Initiative fund. Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. There's a motion. Need a second on -- Commissioner Sarnoff Second. Chair Sanchez: -- PH.10. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Discussion. Before we open up for discussion, anyone from the public wishing to address this item, please step forward and be City ofMiami Page 56 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 recognized. Seeing no one, the public hearing is closed; coming back to the Commission. PH.10 is a resolution. Commissioner Sarnoff Mr. Chair. Chair Sanchez: No further discussion. Commissioner Sarnoff I just want to thank -- I want to thank the Mayor, I want to thank the City Manager for finding funds for St. Albans. They've been very successful in fundraising. Well be fundraising for them in the fall on a private basis, and I just want to thank you for the stop -gap measure, Mr. Manager. You fulfilled -- you more than fulfilled your representation and -- I just think -- on behalf of the West Grove and the folks in the Village West, thank you. Pedro G. Hernandez (City Manager): Thank you. Chair Sanchez: All right. Mr. Hernandez: And I want to put on the record that this is basically monies for programs at that facility. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. All right, Madam Clerk, let's go to RE (Resolutions) -- RE.1 has been withdrawn. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 06-01042 ORDINANCE Second Reading Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE Manny Diaz OF CITY OF MIAMI, FLORIDA AS AMENDED, TO CREATE CHAPTER 22.5, ENTITLED "GREEN INITIATIVES," TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE INITIATIVES AND POLICIES, AND CREATING ARTICLE I ENTITLED "GREEN FLEETS," TO ADD DEFINITIONS AND SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE PURCHASING REGULATIONS FOR CITY OF MIAMI VEHICLES, AND CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 06-01042 Legislation V2.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 13001 Chair Sanchez: Let's go into second reading, ordinance on second reading, SR.1. SR.1 is creating Article 1, Green Fleets. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Let me just get to it. City ofMiami Page 57 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff What page are we on? Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones for the purpose of discussion. We are discussing SR.1, which is creating an Article 1 for the green fleet. Discussion. Vice Chair Spence -Jones: Thank you, Mr. Chairman. I just wanted to, first of all, thank Robert's office for getting back with us regarding the issue of the cost analysis around the green fleets. You know our office, and especially District 5, truly appreciates the fact that the City is going green, so it's not even about that. It's just making sure that we have an understanding, the cost associated with it. Robert, if you could, just based upon your analysis so that not only I know, but the other Commissioners know and those folks watching have an understanding of the analysis that you were able to capture regarding issue of the cost savings. Robert Ruano: Okay. Commissioner -- Commission, Robert Ruano, director of Grants and Sustainable Initiatives. We did an analysis of the green fleets ordinance, and first, you need to understand that the ordinance requires the City to have a five percent reduction in fuel consumption per year. Actually, one of the changes that we made in this second reading is to 25 percent by 2015. That can be done in several different ways. It can be done by buying hybrids or fuel -efficient vehicles. It can be done by how we use the vehicles, making sure they're properly maintained. In our analysis, we looked at what the ordinance requires the City. Also, the ordinance also requires a green fleet committee to be set up and departments to determine how they're going to meet that five percent. Okay. Vice Chair Spence -Jones: Okay. Mr. Ruano: So there is a certain kind of -- there is a certain leeway here that we need to still get to, but we're basing this analysis on the ordinance. And the ordinance -- and what we looked at is basically three things, the purchase of police vehicles, purchase of non police vehicles, and route optimization. And in our analysis, basically, we looked at what vehicles we currently buy and what vehicles we could buy in the same class that are more fuel efficient. In some cases, the vehicles are actually cheaper; same type of vehicles, just a different type. We're used to certain vehicles in some cases and now we're buying something else. Based on our conclusions of all of those, we actually think that there would be an annual savings, about $400, 000 in the first year, and increases, as fuel -efficient cars are added to the fleet, to about $840, 000 in 2014. Vice Chair Spence -Jones: Thank you. Thank you, Robert. I thought it was important for at least the Commission to know. Do you -- did you also give them a copy of the same --? Mr. Ruano: No, I haven't because I gave it -- the Manager had asked me for it, and I gave the Manager a copy -- Vice Chair Spence -Jones: All right. I think it's important -- Mr. Ruano: -- but we can -- Vice Chair Spence -Jones: -- that you provide them all with copies of it, not -- and -- before, you know -- Ruano: Sure. Vice Chair Spence -Jones: -- the meeting's over with. But thank you -- City ofMiami Page 58 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Mr. Ruano: Happy to. Vice Chair Spence -Jones: -- for doing the analysis, and I appreciate -- Mr. Ruano: Okay. Vice Chair Spence -Jones: -- the Department taking out the time to do it. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized. Commissioner Gonzalez: On the item, it doesn't has to do with the item. My comment doesn't have to do specifically with the item, but it has to do with saving and economizing fuel and reducing the budget and helping throughout the crisis that the country is going through and that the City will be going through. Mr. Manager, I have been thinking about the idea -- and it's something that I don't know if the rest of my colleagues may not agree with me and they may agree with me -- but I think it's very important that we start looking at the possibility of going to a four-day/ten-hours work, which I think it's going to economize fuel, it's going to economize power. This is something that I heard some companies are already going into this in order to economize and cut down on the fuel expenses and the energy consumption. I don't know if you may want to do a study and bring it back for the Commission consideration and -- I don't know if my colleagues -- Vice Chair Spence -Jones: So you're saying Fridays off? Commissioner Sarnoff City of -- the City of Hollywood is studying that. I mean, you're right, there are cities doing -- looking at that right now. The biggest one I'm aware of Commissioner, is the City of Hollywood, and they're doing that study. Commissioner Gonzalez: They are? Commissioner Sarnoff Yeah. Commissioner Regalado: And the County is doing it, too. The County committee -- the Governmental Operation Committee approve -- Commissioner Gonzalez: So do you agree that we should at least look at it and see what the savings is going to be or --? Commissioner Regalado: Yeah, and the possibility -- the City of Hollywood actually already approved it in principle, the four -day week, and what they are doing is they are trying to find out who are the employees that can work from home in terms of taking work home, and the City of Hollywood has identified a group of people. The County governmental operation already approve the -- to send the Manager the direction of studying that and how cost-effective is that of course (UNINTELLIGIBLE) -- Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners -- Commissioner Regalado: -- you know -- Mr. Hernandez: -- I think it's a very good idea and one that we definitely has to -- we have to explore as part of the ongoing budget process. I'll work with Employee Relations and the Budget Department to take a look at the employees that could be in that four -day week and also the City ofMiami Page 59 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 implications to the budget. We all -- I think we all know that, besides the City, there are other side benefits to the fact that there is a -- there's a benefit to traffic, having less traffic on the street on certain days, and also there is a specific benefit to the employee spending less fuel. So it's something that I plan to look at with both departments, Employee Relations and Budget, and provide you a report probably even ahead of the budget process. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. You're recognized. Commissioner Sarnoff It seems to me that before we actually go to the four -day workweek, which I think it should be studied, I think it's imperative first that we take a good look -- hard look at ourselves. We have a great number of employees in the City ofMiami that drive SUVs (Sports Utility Vehicles), and you really question what is the need for driving a vehicle that, at best, gets 14 miles per gallon and, at worst, gets eight or nine miles per gallon? And you'll hear sometimes them say, well, I have to carry my equipment. Well, not really. That equipment could be stored -- and you hear a great many fire officers say that -- and located on site; it doesn't need to be transported back and forth. I think you have to take a long, hard look at who's driving an SUV and for what reason. In addition, a number of employees -- I understand it's even a little bit of a game -- actually don't ever turn off their vehicles. They make very short stops, and they leave their cars running. You know, that brings you up two issues. One is you simply should issue a directive, Mr. Manager, that any employee that's left keeping his car running -- and I -- you know why they do it. It's August, it's July, it's very hot; they want to keep the air conditioner running, and they run in, they run out; brings up two issues: One, the car's still running, and number two, the car could be stolen. I understand it's a little bit of a game around here that sometimes people like to move cars just to scare the employee into thinking the car got stolen. And I think you should issue an ADM [sic] that prohibits that. In addition -- and this is where a number of us know that when we have our sergeant of [sic] arms, a lot of times they're sitting in the car and they're not really doing anything, and this is where the hybrid comes in. Remember, a hybrid vehicle, 80 percent of the time, will be on battery. Two good things come out of that. One, you're not spending gas; two, you're not emitting fumes into the air and you don't have a carbon footprint. So I think we should look long and hard about the use of hybrid vehicles, which, by the way -- I don't know if you're aware of this -- at $3.75 a gallon, the threshold gets crossed between a hybrid vehicle's cost versus the fuel savings. Once you get passed $3.75, you're in the high plus range, meaning it's a very fuel -efficient car and the cost is offset by the savings with gas. I think just as imperative -- and I know, Mr. Manager, you and the Mayor are very prone or very -- pushing this issue, and that is when these cars are on, 80 percent of the time, if properly operated, they're not emitting fumes, they're not creating a carbon footprint, so I think you have to look long and hard about making the upfront investment, getting the savings back on the hybrid vehicles, which, as you know, are 40 percent better on gas than are -- even diesel or even the use of good gas -saving vehicles. Mr. Hernandez: Commissioner, I understand that in the ordinance that you have before you today, there is reference to anti -idling. Mr. Ruano: Yes. It actually would require every department to develop and implement an anti -idling policy and prohibiting City employees from idling City -owned or -operated vehicles for an excessive period of time. I think it's very important, Commissioner. We do. Chair Sanchez: Let me just add to that. This is not a fad anymore. Mr. Ruano: No. Chair Sanchez: It's a matter of survival. With $4.00 a gallon and prices continuing to go up, this City needs to come up with ways to reduce not only the cost of energy, but also focusing on City ofMiami Page 60 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 improving the environment. Government must lead as an example, and I praise the Adminisfration, I praise the Mayor on his initiative to protect the environment and lead this City. This is a bold commitment that we're making. This ordinance gives a goal of 25 percent reduction in energies used by the City by the year 2015. And I, as the -- as I -- I sit in [sic] the Mayor's green initiative; I read this ordinance. This ordinance has been fine-tuned. Not only does it focus on that and the idle, which continues to be a problem, but also it continues to having all the Department directors to arrange a cost-effective routes to their departments to really stretch out the savings to make sure that we, at the end -- I honestly believe that whatever money we spend upfront in the next couple of years is a savings to us on fuel, unless, you know, the barrel goes down from 1.50 to 1.30 to $99 [sic]. I honestly don't see prices coming down to, you know, 2.50. I mean, I would hope so, but I doubt it. Things that go up hardly ever come down, and not only does the fuel continue to go up; the cost of living continues to go up. That's why it's no longer a fad. Years ago you used to talk about green and conserving energy, and they laughed at you. Today it's not a matter of fad anymore. It's become a matter of survival. So I am committed to this. I think it's -- we're moving in the right direction. We're taking the lead. We will be recognized throughout the entire nation as a city that's committed to conserving energy and protecting the environment, so I just wanted to state that for the record because I know there's still some people out there that quite don't agree that the more we spend on savings and protecting our environment, it's not for us; it's for the next generations to come. Our children and our grandchildren are going to be in this planet. This planet -- earth is giving us a lot; we should give back to the planet. All right. Mr. Ruano: Commissioner, ifI could. As you said, there was fine-tuning and there were a lot of -- there was a lot of input from a lot of different departments, including the City Attorney, so I'd like to put some of the changes that were made from first and second reading on the record. Chair Sanchez: Yeah, but they're -- well, for the record, they're nonsubstantial -- Mr. Ruano: No, they're not substantial. Chair Sanchez: -- records [sic], okay. Mr. Ruano: No. Chair Sanchez: They're basically just misspelling and clean up. Mr. Ruano: Misspelling, subsections that were changed and incorporated into the document. There was a whereas clause added, actually refers to what Commissioner Sarnoff said. This City wishes to be a model of fuel efficiency by striving to replace existing fleet with hybrid or fuel -efficient vehicles wherever possible. We added the end date of 2015 to the 20 -- and we did the 25 percent by 2015. References from fleet manager changed to City Manager. It now requires any route -intensive department to look at route optimization and to develop a plan for route optimization. The -- let's see -- Green Fleet Review Committee was changed -- was reduced from seven to five members. It was a little bit unwieldy. And then we added the final approval of individual fleet purchases will also be reviewed by the GSA (General Services Adminisfration) director. Chair Sanchez: All right. It is a ordinance on second reading. It is a public hearing. Anyone from the public wishing to address this Commission, stand up and be recognized. Good morning. Joe Simmons, Jr: Good morning, ladies and gentlemen. Joe Simmons, Jr, president of the AFSCME (American Federal, State, County, Municipal Employees) Local 871. We represent the sanitation workers. I don't know if you all looked at it; that's fine going green with your vehicles, but we have majority of the vehicles that use diesel, and the City probably needs to look City ofMiami Page 61 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 at that a little bit more closer. I don't know if you considered the impact that it would have if you were to buy a environmentally -friendly garbage truck. It's going to almost double the cost, I can believe [sic] you. Now, the savings may not be as substantial as the cost. I don't think you'll be able to recoup the cost in a adequate fashion, so you -- that really needs to be looked at. Now, if you're talking about your passenger vehicles, that's something different, but we had a lot of heavy equipment. You know, we have other equipment issues in addition to that that probably need to be addressed as well. Thank you. Chair Sanchez: Thank you. Anyone else? Mr. Hernandez: Mr. Chairman, that's a, I would say, a very good point, and recently, the City Commission approved a contract for us to purchase and use biodiesel that will help us in savings along those lines. Chair Sanchez: All right. Anyone else from the public? If not, the public hearing is closed. It comes back to the Commission. I think we've discussed this item. It is a resolution. I'm sorry, it's an ordinance on second reading. We'll be voting on SR.1. Madam Attorney, read the ordinance into the record, as amended, 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Chair Sanchez: SR.1 has been approved, 5/0, as amended. SR.2 08-00232 ORDINANCE Honorable Mayor Manny Diaz Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," BY ADDING A NEW ARTICLE ENTITLED "GREENSPACE MANAGEMENT FUND," TO CREATE AN ACCOUNT FOR THE MANAGEMENT OF FUNDS USED FOR THE PRESERVATION OF THE CITY OF MIAMI'S PUBLIC GREENSPACE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00232 Legislation V2.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 13002 Chair Sanchez: All right. SR.2. Robert Ruano (Director, Grants Administration): Okay. SR. 2, Commissioners, is second reading of the Green Space Management Fund. And for the record, there were very, very minor changes, adding the Florida Statute that referenced that municipalities can create a green space management fund, and there was a change of the free canopy reference from a six percent to ten percent in some areas because we're still working with a group to get us a very fine definition of exactly what our tree canopy is in the City. City ofMiami Page 62 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. Need -- Commissioner Gonzalez: Move SR.2. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Before we open it up for discussion from the Commission, it's an ordinance on second reading. Anyone from the public wishing to address this item, please step forward. Seeing no one, for the record, the public hearing is closed; coming back to the Commission. Discussion on this item? Hearing no discussion on the item, Madam Attorney, read the ordinance on second reading, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call on your modified second reading ordinance. 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 08-00230 ORDINANCE Second Reading Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Manny Diaz 22.5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES, "BY ADDING A NEW ARTICLE III, ENTITLED "ENVIRONMENTALLY PREFERABLE PURCHASING," TO SET FORTH THE PURPOSE, DEFINITIONS, AND RESPONSIBILITIES FOR ENVIRONMENTALLY PREFERABLE PURCHASES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 08-00230 Legislation V2.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 13003 Chair Sanchez: All right. SR.3. SR.3 is adding Article III, environmentally -preferable purchases. Robert Ruano (Director, Grants Administration): Yes. And Commissioners, changes -- and again, nonsubstantive changes from first reading to second reading. There was a reference to environmental violations, such as -- and the reference to the Title 49 was changed to Title 33. We added a definition for environmental violations. Based on a recommendation of the City Attorney, there was a section that said ten percent price differential under Energy Star section and because we ought to be referred to the ten differential in the end, it was confusing so that was taken out. And that was it. It was just -- Chair Sanchez: All right. Let's get a motion and a second. Commissioner Gonzalez: Move it. City ofMiami Page 63 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 SR.4 08-00508 District 2- Commissioner Marc David Sarnoff Commissioner Sarnoff So moved. Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. We are on SR.3. It's an ordinance on second reading. Before we open it up for discussion, it is a -- it requires a public hearing. Anyone from the public wishing to address this item, please stand up and be recognized. Seeing no one, the public hearing is closed; coming back to the Commission for discussion. Any discussion on this item? Hearing no discussion, Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call on our modified second reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted as modified, 5/0, on second reading. Chair Sanchez: All right. Let's continue with the second readings. I believe you're -- Ruano: Commissioners, ifI could. I just want to say I would be remiss ifI didn't thank -- there was a lot of work that went into this -- the departments of GSA (General Services Administration), Purchasing, Public Works, and Legal, amongst many others that worked on this; and last but not least, thank you all because all these ordinances have been passed 5/0, and this Commission has shown great leadership. Chair Sanchez: Well, we believe that, in the long run, it's going to have cost -savings to the City. Mr. Ruano: Thank you. Chair Sanchez: All right. Thank you. ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING AND ADDING NEW PROVISIONS TO CHAPTER 38, ENTITLED "PARKS AND RECREATION," ARTICLE II, ENTITLED "USE REGULATIONS," SECTION 38-60, ENTITLED "BOATING," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CODE") AND TO CHAPTER 38, ARTICLE VI, ENTITLED "VIRGINIA KEY BEACH PARK TRUST," OF THE CODE, TO ESTABLISH THE RULES AND REGULATIONS AND TO ESTABLISH AN EXCLUSION/SAFETY ZONE WHEREBY NO MOTORIZED BOATING, NO MOTORIZED VESSEL, AND NO OTHER MOTORIZED WATERCRAFT ACTIVITIES MAY TAKE PLACE IN AND AROUND CERTAIN AREAS OF THE WATERS OFF CITY -OWNED AREAS OF VIRGINIA KEY, ATLANTIC BEACH AREA, NORTHEAST OF BEAR CUT AS SET FORTH IN "COMPOSITE EXHIBIT A," ATTACHED AND INCORPORATED, AND DESIGNATING SUCH EXCLUSION/SAFETY ZONE AS A "NO WAKE ZONE;" MORE PARTICULARLY BY AMENDING AND ADDING: (1) TO ARTICLE II, NEW PROVISIONS TO EXISTING SECTION 38-60, AND (2) TO ARTICLE VI, NEW SECTIONS 38-243 THROUGH 38-247 OF SAID CODE; AUTHORIZING THE CITY MANAGER TO UNDERTAKE AND TO EXECUTE THE NECESSARY APPLICATIONS WITH MIAMI-DADE Second Reading City ofMiami Page 64 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 COUNTY, STATE OF FLORIDA, AND UNITED STATES AGENCIES TO ESTABLISH THE PROPOSED BUOY LINES FOR SAID EXCLUSION/SAFETY ZONE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND ESTABLISHING AN EFFECTIVE DATE. 08-00508 Exhibit 1 .pdf 08-00508 Exhibit 2.pdf 08-00508 Legislation V2.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 13004 Chair Sanchez: Well continue on ordinance on second reading. Well go to SR.4. SR.4 is motorized boating safety zone, Virginia Key. Commissioner Sarnoff Mr. Chair? Chair Sanchez: Yes, sir. Commissioner Sarnoff I know that Virginia Key -- you want to present Virginia Key? Guy Forchion: I will follow your lead, Commissioner. Commissioner Sarnoff We'll make it quick for you. This is where we're trying to put a exclusionary safety zone, no motorized boating, and no motorized watercraft activities to take place in and around certain areas of the water off the City -owned areas of Virginia Key, most importantly right near Bear Cut. As you all know, we just opened up Virginia Key to what would have to be a wildly, successful opening. This is going to be the first of two ordinances that is going to, hopefully, allow for bathing in that particular area. We have one more study to get completed, but the first thing we need to do is to exclude motorized boating in and around the area where the boat -- where, theoretically, the bathers will be. We have allowed under the second reading some flexibility, as I think they're going to have some opportunities with the film industry to do some filming around there possibly, so there's some flexibility for waivers possible with this ordinance. Commissioner Gonzalez: All right. Commissioner Sarnoff Fair enough? Mr. Forchion: Yes, indeed. Chair Sanchez: All right. Need a motion. Commissioner Gonzalez: Move it. Chair Sanchez: There's -- Vice Chair Spence -Jones: Second. Commissioner Sarnoff Second. Chair Sanchez: -- a motion by Commissioner Sarnoff second by Commissioner Gonzalez. It's a ordinance on second reading. It requires a public hearing. Anyone from the public wishing to City ofMiami Page 65 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 address this item, please step forward and be recognized. Seeing none, it comes back to the Commission for a discussion. Any discussion on this item? I just -- I think that the buoys are going to protect the swimmers from the motorized boats. I know that area very well. Not only have I snorkeled; I dive. I jumped off that bridge. Let me tell you, there are some strong currents coming in and out of that cut; keep that in mind. When you put the buoys out there, maybe you could put a rope or some type of device that if you're swept away by those currents, you have something to grab a hold of. History has it that that beach, if you're not a very good swimmer, you may be in harm's way. I just want to put that on the record because I've been out there where I have been swept by the currents and been able to get out of them, but if you don't have someone who's a good swimmer, you're going to be in a situation where we're going to be liable for it. All right. Having said that, it's an ordinance on second reading. Read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Okay. Mr. Chairman, just for the record, I -- Commissioner Sarnoff indicated on the record that there had been a modification between first and second that dealt with the flexibility to allow the film industry to obtain waivers. There was also something else added for special events. The same kind of flexibility available for the film industry is available in the event of a special event that has been permitted by the Parks and Recreation Department. Chair Sanchez: And I want to take the opportunity to praise the Waterfront Advisory Board. It went through the Waterfront Advisory Board and they gave some good recommendations, so -- all right. Ms. Bru: Okay. Chair Sanchez: Read the ordinance into the record, followed by a roll call. Ms. Bru: Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Didl open the public hearing? Priscilla A. Thompson (City Clerk): Yes, you did, sir. Chair Sanchez: Okay, so we're ready for a vote. Roll call. Ms. Thompson: Roll call on your second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5/0. SR.5 08-00531 ORDINANCE Second Reading City Manager's AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 38 OF Office THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION," BY AMENDING SECTION 38-66 TO ESTABLISH EXCEPTIONS FOR THE PLACEMENT OF SIGNS WITHIN PARK LIMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00531 Summary Form.pdf 08-00531 Legislation V2.pdf City ofMiami Page 66 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones FR.1 08-00679 Office of the City Attorney 13005 Chair Sanchez: All right. SR.5. Commissioner Gonzalez: Move SR.5. Chair Sanchez: SR.5, there's a motion. The motion is made by Commissioner Gonzalez, second by Vice Chair Spence -Jones. Before we open it up for discussion, anyone from the public wishing to address this item? Could I just have somebody come up and put something on the record on SR.5, what we're voting on? I think it's inappropriate for us to be making motions and seconds when we don't have something on the record. People that are watching it on -- at home may not know what we're voting on. Orlando Toledo: Orlando Toledo, senior director of Building, Planning & Zoning. SR.5, it regards the regulations regarding parks so that we could go ahead and allow billboards on them. Chair Sanchez: Okay. And it's being recommended by the Administration? Mr. Toledo: Yes, it is. Chair Sanchez: All right. Anyone from the public wishing to address this item? This is an ordinance on second reading. We're discussing SR.5. The public hearing is opened. Seeing no one, the public hearing, for the record, is closed; coming back to the Commission. Any further discussion on SR.5? Hearing no discussion on the ordinance on second reading, 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. 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. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 23/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION/AD VALOREM TAX EXEMPTION," CREATING A NEW SECTION TO PROVIDE FOR ASSESSMENT OF HISTORIC PROPERTY USED FOR COMMERCIAL OR CERTAIN NONPROFIT PURPOSES SOLELY ON THE BASIS OF CHARACTER OR USE, PURSUANT TO THE PROVISIONS OF FLORIDA STATUTE 193.503; CONTAINING A SEVERABILITY CLAUSE AND City ofMiami Page 67 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PROVIDING FOR AN EFFECTIVE DATE. 08-00679 Legislation.pdf 08-00679 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chairman Sanchez to the City Manager to provide to the Commission, before second reading, an estimate on how many businesses (citywide) would be eligible for historic ad valorem tax exemption and how much the reduction in revenue would be as a result of receiving said exemption. Chair Sanchez: All right. Let's take up FR.1, which is an ordinance on first reading, and then we'll go back to the properly advertised public hearings. Commissioner Sarnoff Mr. Chair? Priscilla A. Thompson (City Clerk): Ten thirty. Chair Sanchez: Ten thirty. Is it 10:30 already? Ms. Thompson: Not yet. Vice Chair Spence -Jones: No. Chair Sanchez: Okay, so let's -- Vice Chair Spence -Jones: You should have time. Chair Sanchez: -- take up FR.1. You're recognized for the record. Commissioner Sarnoff Mr. Chair, this is an ordinance that my office has proposed through the CityAttorney's Office, and this ordinance will allow, under Chapter 23, Article II, of the Code of the City ofMiami, to create a historic ad valorem tax exemption, which is based on Florida Statute 193.503. Essentially what this means is it will put an economic reality's test, which means any historic property, which for a minimum of a 40-hour workweek -- a 501c [sic], I should say -- that works a minimum of 40 hours a week, that is open 45 weeks a year, and performs 1,800 hours worth of work to be taxed not at the highest and best use, but on the amount of money they generate. I know most of the City would probably wish for this, and it probably would make a little bit of sense. But this is actually a law that's been on the books in the state of Florida for some time. You know that we have the MiMo (Modern Miami) District that has been declared up and down the Upper Eastside in Miami from 50th through 77th Street on Biscayne Boulevard, and this will really help them in generating a base in which to create this district and to give it some sustainability. This is good legislation. This allows the City of Miami to base -- to tax historic -designated property, under the criteria set by the State in what I consider to be an economic reality test as opposed to the highest and best use. Chair Sanchez: All right. That would be in the form of a motion. The motion has been made 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 an ordinance on first reading. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming City ofMiami Page 68 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 back to the Commission. Any discussion on this item? Mr. City Manager, although I support this, I think it's important for the record that we estimate how many businesses would be eligible citywide and how much the reduction in revenue would be if each of them got the tax reduction being based on the income and present use. I think it's important for us to know those numbers before second reading. Pedro G. Hernandez (City Manager): Mr. Chairman, we'll go ahead and do that. I know that Ellen here from -- she's the Historic Preservation officer -- will be able to help us on that. She's familiar with the ordinance and with the properties that would be affected. Ellen Uguccioni (Historic Preservation Planner, T, Planning Department): Yes, sir. We will have that information for you. We've already started to try to work up the numbers. Priscilla A. Thompson (City Clerk): May I have -- Vice Chair Spence -Jones: Your name for the record. Ms. Thompson: -- a name for the record, please? Vice Chair Spence -Jones: Your name for the record. Ms. Uguccioni: Oh, I'm sorry. Ellen Uguccioni, Historic Preservation officer. Chair Sanchez: We -- just -- since you're up there, just a couple of-- We already provide two tax savings based on historic preservation. We would be amending this to provide a third, which is based on the commercial, which I support. Ms. Uguccioni: Yes, sir. Chair Sanchez: Okay. Broward already has something similar, ifI'm not mistaken. Ms. Uguccioni: They do. Chair Sanchez: They have -- the wheel has already been invented, and they have the forms and everything. Ms. Uguccioni: They do. Chair Sanchez: So that's something that we could explore as we move forward. I just think it's important for us, based on the fiduciary responsibility that we have, is to see how much of an impact it's going to have, especially when we are going to be facing a $35 million budget cut this year, which I think that has all the Commissioners here and the Administration bunkering [sic] down once again with these reductions. So I -- Uguccioni: Absolutely. Chair Sanchez: -- just wanted to put that on the record. Ms. Uguccioni: Thank you. Chair Sanchez: All right. No further discussion on the item on first reading. All in favor, say "aye." Oh, I'm -- Commissioner Gonzalez: Aye. City ofMiami Page 69 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 FR.2 08-00611 District 4- Commissioner Tomas Regalado Chair Sanchez: -- sorry, it's an ordinance. Commissioner Gonzalez: Nope. Chair Sanchez: It's an ordinance on first reading. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE I/SECTION 10-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAUWAIVER OF FEES," TO MODIFY THE EXEMPTION OF SENIOR CITIZENS FROM THE PAYMENT OF FEES UNDER CERTAIN CIRCUMSTANCES AND TO AMEND DUPLICITOUS LANGUAGE IN THE CITY CODE; CONTAINING A REPEALER PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 08-00611 Legislation.pdf 08-00611 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. FR.2 is an ordinance on first reading. Commissioner Gonzalez: I'll move FR.2. Chair Sanchez: There's a motion by Commissioner Gonzalez, second -- Commissioner Sarnoff Second. Chair Sanchez: -- by Commissioner Regalado. It's your ordinance. Okay. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized (UNINTELLIGIBLE) discuss -- the public hearing is open for FR.2, which is an ordinance on first reading. Seeing no one from the public, the public hearing is closed, coming back to the Commission for discussion. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chair. What we're doing here is a simple change, but an important one. And when this Commission did this ordinance, the purpose was to try to get people that wanted to comply with any Code enforcement violations to do so, and to take care of those people who wanted to comply, but who did not have the resources and -- because they are under a certain category of being 65 years of age and older and having the three state of Florida amended constitution charges and taxes and property taxes. What happened at that time when this was approved is that the ordinance itself read that you needed to not have been the owner of City ofMiami Page 70 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 the property when the Code enforcement case happened or the illegal case happened. And what this did is that it did not allowed many historical property owner, who, for 30 years, have had a shed or a fence, and now, with Code enforcement being more aggressive, someone called 311 and the inspector went there; and they do want to comply, and they don't have the resources. Since it is my belief that Code enforcement is for people to comply, not to punish people. This is important. And I think -- the importance of this is that I think -- and Hector Lima is here -- that only four people were able to have the require ordinance mandate -- Hector Lima: Hector Lima, director of Building. That's correct, Commissioner, only four people took advantage of this ordinance since it was enacted. Commissioner Regalado: Well, took advantage, but more than four were seeking. Mr. Lima: Some were rejected because they did not meet the wording of the ordinance, correct. Commissioner Regalado: Right. And I think that in this City, there are many owners that had been in the same house for decades. It just happen that they had that either fence or construction and they want to comply, so I think it's a good change; and I thank the City Attorney for bringing this back. Thank you, Mr. Chairman. Chair Sanchez: All right. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is opened and closed. Madam Attorney, read the ordinance into first reading [sic], followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5/0. FR.3 08-00687 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLANS/CITY OF MIAMI GENERAL EMPLOYEE AND SANITATION EMPLOYEES' RETIREMENT TRUST" TO PROVIDE PROCEDURES FOR THE EQUITABLE TRANSFER OF RETIREMENT PLAN MEMBERSHIPS BY ELIGIBLE EMPLOYEES; MORE PARTICULARLY BY AMENDING SECTIONS 40-250 AND 40-251 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation.pdf 08-00687 Summary Form.pdf 08-00687 Letter.pdf 08-00687 Retirement list.pdf 08-00687 Letter2.pdf 08-00687 Ordinance.pdf NO ACTION TAKEN City ofMiami Page 71 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. FR.3 is an ordinance on first reading. Commissioner Gonzalez: Move FR.3. Chair Sanchez: There's a motion. IfI could just -- Mr. City Manager -- well, let's see if there's a second. Is there a second on FR.3? If not, I would request to be -- it'd be prudent for us to wait on this, Mr. City Manager, to be honest with you. It's wise to do this as part of our budget process because it will have an impact. I've analyzed it, in a way; I'm almost there, but think it's important that this is something that's vested through the budget as, once again, we're looking at $35 million cut, and I think it's important that we do it through the budget process. I don't know how my colleagues feel about this, but I'm open for any suggestions or recommendations. Pedro G. Hernandez (City Manager): Mr. -- Vice Chair Spence -Jones: I would like to at least have the staff put something on the record. To my understanding from the briefing that received, that the dollar amount was not a huge amount, so I'd like for them -- for Larry to at least put that on the record. Larry Spring: Commissioners, Larry Spring, chief financial officer. The substance of this ordinance is to allow for a 90-day window for participants that are currently in the City's ICMA (Individual Case Management Association) 401(a) Plan to transition into the general employees/sanitation's pension plan. We acquired an actuarial study from the GESE (General Employees and Sanitation Employees) pension actuary based on the balances that those individuals had, their years of services, their salaries. The overall projected impact on an ongoing basis to the City would be about $900, 000. Based on our internal review, additional review of that information, we expect at this point that only 15 to 20 percent of those eligible to make the transition would actually accept the window and that number probably will end up somewhere in the area of 250,000 on an ongoing basis; again, actuarially calculated, and that list also has individuals on it that are no longer in service with the City ofMiami, so that's the pertinent information at this time. Vice Chair Spence -Jones: So just based upon your recommendation, Larry -- and I just want to have clarity. I mean, I know that there are some people that are, you know, opposing the issue of City employees receiving this, but you know, I've always been an advocate for supporting City employees and especially those that, you know, really have put in the time to make the City a better place. So if you can, in your own personal record --from your own personal perspective, give me -- or give us your understanding of why you feel this would be a great thing for us to support. Mr. Spring: From the perspective of advocating for this item -- Vice Chair Spence -Jones: And you're not -- make sure you're clear that -- Mr. Spring: Yeah. Vice Chair Spence -Jones: -- you're not personally -- Mr. Spring: Yeah, I -- no. Yeah, I do need to state that for -- Vice Chair Spence -Jones: Yes. Mr. Spring: -- the record. My name is on that list of eligible individuals, and I am stating for the record I am not accepting the window for the record, so it's in public. It is clear, I'm not advocating for myself. City ofMiami Page 72 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Vice Chair Spence -Jones: You're not advocating for yourself. Just want to be clear. Mr. Spring: When you look at this from the standpoint of a advocacy position for management, you know -- in our citywide strategic plan, we dedicated ourselves to providing a quality work environment for our employees that includes compensation as a matter. When you looked at -- you know, we've just finished the negotiation and completion of all four union contracts and those that provided for increases, in addition to the pension benefit. The individuals that would be eligible for this item are your directors, your executives of the City. As you already have stated, and the Chairman himself we're getting ready to go into a somewhat rough time, financially, and back in '97 the City took a position that as a benefit to us going through that rough time and possibly being subject to no salary increases as executives and really pushing the envelope for the next couple of years, they decided to allow for the same window. We're faced with the same issue right now, and again, I would say from that advocacy position, you know, the same would hold. True bottom line on the other side of that --flip side of that coin, which I briefed all you on, the bottom line, there is an increase in cost, and I'm not going to be coy about that. It's clear and we are going to a budget cost -- a budget reduction process, but you know, with all the facts laid out, that's from an advocacy position; that's how I would present this item to you. Commissioner Sarnoff Mr. Chair. Vice Chair Spence -Jones: Can I just -- Commissioner Sarnoff I'm sorry. Vice Chair Spence -Jones: -- finish? I'm sorry. So Larry, let me ask one quick question to -- you know, for me, again, you know, I've always been an advocate for City employees. I do know that they give and go beyond the call of duty, and a lot of time government really does not have the ability to really attract the kind of talent a lot of the times that we have, you know, here as City employees. And I just feel that it's really important, those that are in those positions that are -- that have done a great work for the City, that we show them some form of appreciation. Originally, I had a concern when the number was $900, 000, but after you came back and gave us an analysis on that $250, 000, you know -- and again, you're saying that we still -- you still -- it's fluctuating, but you don't feel as though it's not too far off from that number. You know, I support this legislation if it's going -- if that number is going to center around that. Now, I do agree with the Chairman. I just want to know if there's a time frame that -- is there a reason why it has to be addressed now and it can't be addressed during the actual budget --? I'm just asking, is there a time frame for it? Chair Sanchez: There's no time frame. We open up the window. We could open it up any time. Vice Chair Spence -Jones: Is it --? Mr. Hernandez: Mr. Chairman -- Vice Chair Spence -Jones: Mr. Manager. Mr. Hernandez: -- Commissioners, basically, there's no, I would say, driving reason it has to be done today. Vice Chair Spence -Jones: Okay. Mr. Hernandez: I know that it's been an item that we have been discussing with employees for the longest time. The last time that this was done was in '97, and it was also in advance of a City ofMiami Page 73 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 difficult budget year, and I think it's a way to also recognize for those long-term senior executive staff individuals that provide quality service to the City that they'll be recognized knowing full well that in the immediate future, there may not be other remuneration or addition to their compensation, and that's why it's here before you at this time. Vice Chair Spence -Jones: All right. I mean, I support the legislation. I support the City employees because I know how hard they work. My question -- I just -- now that I know that it's not a time frame and -- if I'm hearing from my Chairman that he would just like for it to be considered as a part of the budget process, I support his recommendation on that. I just want to be very clear that I do support the legislation, and if he's asking for that, I don't have a problem with giving him the window to do that, and that's really my point on the whole issue. Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff I got to tell you, I am so disappointed that this Commission would even consider this legislation at a time when there are layoffs, at a time when there's recession. What you are doing is you're -- you are allowing employees who have chosen to have a 401 k plan, by their election for many years, and you're putting them into a defined benefit program, better known as a pension. You're putting this on the back of the taxpayers, potentially almost $1 million on the back of the taxpayers, when you're about to look for -- I'm sure we'll get this budget to about 26 to $28 million in shortfalls. You're going to be looking for every million dollars you can find, and for this Commission to even consider this, you're sending a horrible message to the taxpayers. You're saying, you know what, we're going to pull on the same end of the rope, but not just yet, not just yet. We're going to put another $1 million on your back on that $28 million reduction. This makes absolutely no sense. And look at some of the people on this list, Jorge Fernandez, our City Attorney. He's a person who could potentially benefit from this. It makes no sense, no sense what -- he's on the list. Mr. Spring: No, and I -- Vice Chair Spence -Jones: But he -- Mr. Hernandez: Commissioner, the -- Vice Chair Spence -Jones: -- in his statement -- Mr. Hernandez: -- list has to be -- Vice Chair Spence -Jones: -- Commissioner Sarnoff, he just explained in the beginning -- Mr. Hernandez: -- purged. Vice Chair Spence -Jones: -- that those -- some of those names will not qualify for it. Chair Sanchez: Listen. Commissioner Sarnoff You know, this makes no sense to do to the taxpayers. This -- if you don't think times are bad out there -- you know, I was in trial for the past seven days. I'll explain to you that the judges ordinarily see two foreclosures a day. That's their ordinary caseload. You know what they're seeing a day today? Fifteen foreclosures a day. The judges ordinarily have dockets of about 1,800 to 2,000 cases. Their dockets are now 3,000, 3,200 cases. You know what those are? Foreclosures. You're sending a horrible message to the taxpayers for the City ofMiami to even contemplate this, to pull on the wrong end of this -- of the rope. You know what? Every high paid employee of the City ofMiami should thank goodness for the City of Miami, and thank goodness that they have a job, and thank goodness that they're well paid City ofMiami Page 74 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 because if you wanted to go to the private sector right now, you would not see very many well paid people out there, and you'll see people struggling and struggling to make ends meet and you're going to see them struggling to pay their taxes. You're sending a wrong message. Chair Sanchez: All right. Anyone else? Commissioner Regalado. Commissioner Regalado: Well, I think -- and I told the Manager yesterday and I told Larry the day before, I do not support this. I think it sends the wrong message. I think that usually governments, when they have to cut, they go down the line and cut the little people, and we cannot -- we should not even consider any of this legislation, not until we're done with the budget shortfalls and even dealing with the possibility of layoff, which I think it's a possibility in every local government in the United States. You know, you -- we were all talking here about saving money, and there is a long list of cities that are taking a lot of measures, and we could go on and on, but you know, I think that only the thought that well -paid people will be able to have a better retirement, it sends the wrong message and it contributes to the government fatigue that many people have in terms of saying, well, you know what? The people in government, when they fall, they fall up and not down. It was unfortunate, but think that was very clear, so I don't need to say anything else. I was very clear in the private briefing with the Manager and with Larry and we discuss that, and I told him that could never support that. Thank you. Chair Sanchez: All right. Vice Chair. Vice Chair Spence -Jones: I do want Larry to put on the record if there is some clarity that needs to be made. There's two statements that do know that the -- Commissioner Sarnoffmade one in reference to a -- the former City Attorney. Want to clear that up, if that is an issue and that was on the list, or if that is not the case, I think that it's important for the public -- Mr. Spring: I will -- Vice Chair Spence -Jones: -- to hear that and understand that. Mr. Spring: -- state it again because I did state it earlier. There are individuals on that list that are no longer in service with the City ofMiami and would not be eligible, so -- Vice Chair Spence -Jones: So you will make sure also there's a revised list that's given to us, I'm assuming around --? Mr. Spring: If we -- if this item is being pushed to the budget, we will actually -- I will make sure that we get another actuarial study done so we have a more up-to-date number. Vice Chair Spence -Jones: And then there was also another statement that was made surrounding the amount of the million dollars that would be asked to be put on the back of the taxpayers regarding this issue. That was the original number that you had given, correct? Mr. Spring: That is the original number -- Vice Chair Spence -Jones: And now you're stating on the record -- Mr. Spring: -- not 84 -- Vice Chair Spence -Jones: -- that that number is much lower than that? Mr. Spring: If the anticipated number of participants move into the plan, the number will be less than that, but again, if we're deferring it to the budget, we'll have all new numbers -- we'll present new numbers. City ofMiami Page 75 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. Vice Chair Spence -Jones: I just want to just make my final statement on this. I support, once again, the City employees that I know that have given of their time to support making this City happen, and the reality is when people really feel as though they're not being appreciated for whatever reason -- and we can't compare this to the private sector because, quite frankly, the amount of time and energy that City employees put in to really make the City a better place, you know, to me I think that we should be considering that, but I do understand the issues surrounding the monies regarding this issue. So for me, I'm going to ask that we do hold off on it until the budget, but I just want the City employees and I want also my fellow colleagues to know that I do support the fact that we do provide the additional compensation to the City employees. Chair Sanchez: All right. No action taken on this item. Commissioner Gonzalez: I'm just going to add that I'm not going to withdraw my motion because my motion failed -- Chair Sanchez: Yeah. Commissioner Gonzalez: -- but I just want to make it clear on the record that the information that Larry provided on the podium is the information that was provided to me, that most of the people in this package will not apply for this change, but let me tell you. I -- you know, I can't keep my mouth shut. I can't avoid to say what I feel, okay. I hate to see the politics of the leftists that attack people that work for government. Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: If we wouldn't work for government, we would be under a Castro regime, a Hugo Chavez regime, and let me tell you, they're not the best because in those regimes, the Castros and the Hugo Chavez and those people are the ones that are millionaires, they're -- everything's up for them. I don't think any City employee or any City administrator has to be ashamed of working for the City or being part of this administration. You should all be proud of being working and dedicating most of your life to this City administration. Vice Chair Spence -Jones: AndMr. Chairman -- Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: -- and ifI can add -- and I appreciate you definitely adding onto the issue. Commissioner Gonzalez: And let me tell you, ifI would have hate government the way that I hear many people talk here, you know what I do? I'll step down and I'll go work for something else, construction. There are many trades out there, but don't try to be part of the government and then criticize and blast government every time that you have a chance because you're part of the government and you're part of everything that is approved and you're part of everything that happens, and if you don't want to be part of it, get out of the kitchen. Vice Chair Spence -Jones: I just want to also add onto Commissioner Gonzalez's statement. It's just amazing to me when it's time for us to make decisions about what we spend money on, even in the midst of all of our budget crunches, we find a way to take care of it or handle it, but when it comes to reinvesting in the people that reinvest in the City, we always have an issue with those individuals, and I just think -- it's going to be very interesting for me to see the budget this City ofMiami Page 76 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 upcoming year, to see what our fellow -- my fellow colleagues advocate for or support, and it's just going to be interesting to see that. I think that it's important to reinvest in those folks that are giving of their time and their energy to serve the City, and I just think that it's shameful that we even have to get down to the point that we're sending a message to our City employees that we don't appreciate or value them. Commissioner Sarnoff Well -- Chair Sanchez: All right. Commissioner Sarnoff -- let me just say something. Chair Sanchez: Hey, come on, listen. There's -- Commissioner Sarnoff No. I want to say one more thing, Mr. Chairman. Chair Sanchez: -- not even a second on this (UNINTELLIGIBLE). Commissioner Sarnoff I'm going to say -- I'm asking you for leave just to speak three minutes. Chair Sanchez: All right. Three minutes? Commissioner Sarnoff This -- yes, three minutes, sir. I'll try to keep it to a minute (UNINTELLIGIBLE). Chair Sanchez: (UNINTELLIGIBLE) doesn't have a second. Let's go. Commissioner Sarnoff This list here contains 55 names. On this list four people make less than $100, 000. The average thatl can average here is about 125,000 a year. Don't let anybody be guised or fooled into thinking this is regular old City employees. This is our high-level people looking to come out of a 401 k plan and be placed into defined pension benefits. This is their way of saying, midstream, I've made a decision, but you know what? I'm going to give you five more years of service and I want a pension forever. That's what this is. This isn't the guy that's going to clean up our streets. This isn't the guy that's tipping over and bringing our garbage cans in. This isn't the NET (Neighborhood Enhancement Team) people going out there. This is the highest paid City employees averaging 125,000 a year. Fifty-five names on this list; four people making less than 100,000 a year. Let's be clear. Chair Sanchez: All right. No further discussion on that item. It didn't even have a second. END OF ORDINANCES - FIRST READINGS RESOLUTIONS RE.1 08-00612 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, (THE "AGREEMENT") WITH THE UNIVERSITY OF MIAMI ("UNIVERSITY") TO (I) PROVIDE FOR THE TERMINATION OF THE ORANGE BOWL USE AGREEMENT DATED JUNE 22, 1990 (THE "USE AGREEMENT"), AND (II) EVIDENCE THE UNIVERSITY'S AGREEMENT TO EITHER (A) AMEND THE LEASE AGREEMENT BETWEEN THE CITY AND THE UNIVERSITY, DATED JULY 1, 1983, RELATING TO THE JAMES L. KNIGHT CONFERENCE CENTER ("CONFERENCE CENTER LEASE"), TO City ofMiami Page 77 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 PROVIDE THAT IT MAY BE TERMINATED BY THE CITY, IN ITS SOLE DISCRETION, AT ANY TIME AFTER DECEMBER 31, 2009, OR (B) ASSIGN THE CONFERENCE CENTER LEASE TO AN ENTITY DESIGNATED BY THE CITY, EFFECTIVE NOT EARLIER THAN DECEMBER 31, 2009; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF THE USE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, TO THE AGREEMENT AS EXHIBIT "A." 08-00612 Legislation.pdf 08-00612 Exhibit.pdf 08-00612 Exhibit2.pdf 08-00612 Summary Form.pdf WITHDRAWN RE.2 08-00602 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT ("THIRD AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER"), BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), WITH SUCH CHANGES, INSERTIONS, AND FURTHER AMENDMENTS AS MAY BE APPROVED BY THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY, TO PROVIDE FOR: (1) AN EXTENSION TO THE LEASE DEADLINE REFERRED TO IN SECTION 6.2.1 OF THE AGREEMENT TO ENTER TO FEBRUARY 1, 2010; (2) AN EXTENSION TO THE OUTSIDE DATE REFERRED TO IN SECTION 6.2.3 OF THE AGREEMENT TO ENTER TO FEBRUARY 1, 2010; (3) FLAGSTONE MEETING ANY AND ALL OF THE REFERENCED CONDITIONS PRECEDENT ON A COMPONENT BY COMPONENT BASIS; (4) FLAGSTONE PAYING THE CITY IN CONSIDERATION OF USE ("CONSIDERATION OF USE") THE SUM OF ONE MILLION NINETY-NINE THOUSAND, NINE HUNDRED AND NINETY-EIGHT DOLLARS ($1,099,998), PAYABLE IN EQUAL MONTHLY INSTALLMENTS OF FIFTY THOUSAND DOLLARS ($50,000.00) BEGINNING ON AUGUST 1, 2008, FOR USE OF THE PROPERTY, AND COMMENCING ON THE FIRST DAY FOLLOWING JULY 31, 2009, AND ENDING ON THE DAY PRECEDING THE POSSESSION DATE, FLAGSTONE PAYING TO THE CITY EIGHTY THREE THOUSAND, THREE HUNDRED AND THIRTY-THREE DOLLARS ($83,333), FOR EACH MONTH EXERCISED AS PART OF THE EXTENSION PERIOD GRANTED CONSIDERATION FOR USE; AND (5) ESTABLISHMENT OF CERTAIN MILESTONES IN THE TIMELINES FOR OTHER DEVELOPMENT MATTERS, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID THIRD AMENDMENT. City ofMiami Page 78 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00602 Legislation.pdf 08-00602 Exhibit.pdf 08-00602 Exhibit2.pdf 08-00602 Exhibit3.pdf 08-00602 Exhibit4.pdf 08-00602 Exhibit5.pdf 08-00602 Exhibit6.pdf 08-00602 Exhibit7.pdf 08-00602 Exhibit8.pdf 08-00602 Exhibit9.pdf 08-00602 Exhibitl0.pdf 08-00602 Exhibitl 1.pdf 08-00602 Exhibit12.pdf 08-00602 Exhibit13.pdf 08-00602 Exhibit14.pdf 08-00602 Exhibit15.pdf 08-00602 Exhibit16.pdf 08-00602 Exhibit17.pdf 08-00602 Exhibit18.pdf 08-00602 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0350 Chair Sanchez: We'll go ahead and continue with the resolutions. The first item that we will be -- is Commission -- Vice Chair Spence -Jones here? We should wait -- let's go ahead and wait for her for the RE.2, which is the Flagstone Island Garden [sic]. She should be here in a few minutes. "[Later... ]" Chair Sanchez: RE (Resolution) -- well, let's go back to RE. 2. Okay, RE. 2, that's also a resolution. That is the Flagstone Island Garden [sic]. Laura Billberry (Director): Yes. Lori Billberry, Public Facilities. This is a resolution to the -- amend the agreement to enter into a ground lease with Flagstone to extend the deadline by which we enter into a lease by 18 months to February 2010. In consideration for this extension, Flagstone has agreed that they will pay us an amount of $200, 000 over the first 12 months, which will be payable in 12 equal payments; and then, if they should need the additional six-month period, that payment would bump up to 75, 000 per month. We've also added a couple milestones in this agreement to enter that first they must obtain their DERM (Department of Environmental Research Management) Class I Permit by November 28, 2008; they must obtain the City and FDOT's (Florida Department of Transportation's) approval for the site utility work by April '09, and apply for their foundation permits and commence the utility work by July '09. They've completed several of their conditions, precedent under the agreement to enter, and just by way of example, a few of them include obtaining their MUSP (Major Use Special Permit), obtaining their Notice of Proposed Change. We've entered into the first source hiring agreement, which requires that they establish a skill training center for the purpose of teaching ten percent of the on -site construction workforce. They'll also develop a career training center. They will work with South Florida Workforce or a similar entity, such as the Hospitality Institute to provide this training. They also, last November, closed on the equity portion of their financial aspect of the project. We did provide you a full list of the accomplishments they've done last City ofMiami Page 79 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 week, and at this time they are working on syndication of their construction loans. They've provided a letter by a third party, the Greenwich Group, outlining the status of their financing; and in summary, their letter indicates that their equity, along with these construction loans, would be sufficient to fund the project. We have representatives of Flagstone here also today if you have any questions. Chair Sanchez: All right. Are there any questions? There were some concerns about the equity and the financing of the project. Does those questions have been addressed. If not, any questions any of the Commission members may have? Commissioner Sarnoff I -- Commissioner Regalado: Sure. Commissioner Sarnoff -- do. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Regalado: Oh. Chair Sanchez: All right. Commissioner Regalado: Did you or --? Commissioner Sarnoff We asked Flagstone for a commitment letter. We have not received a commitment letter. This is Flagstone's third request for an extension of time. This -- we're going to be facing, in a very short time, their shortfall from funding. This -- these people continuously come back asking you for extensions, and today, and only today, you've come up with a minimum rent for them. This is a $700 million project. In the private sector, there would be a one percent penalty for being late that would have been paid years ago. Well, you know what? It should be today, and they should have to pay the rent of $1.5 million, if they'd like their extension, and that's $83,300 a month. Instead, they come to you and they say, hey, I got a number, 16,600 a month. Where does that come from? I didn't hear anything either. It's just some number that somebody cooked up. Now -- then you go to $75, 000 after the first one-year extension 'cause they're asking for 18 months, and they're asking for -- then they'll pay 75, 000 for six months. You know, every time we make a decision on this dais, we either add to the shortfall we're about to face this September or we lessen that shortfall. I am absolutely unqualifiably [sic] -- and I'll go on the record; I never had the good fortune of voting for this project -- am in favor of this mega yacht facility. You want to attach to it some sort of a timeshare, your choice; that's okay. I see that as being a good combination. The mega yacht facility is a great idea for the City of Miami. It'll -- it will have a great synergy with the condos that we'll have. The owners of these boats will put their crew in there. It's a great idea. Are these the right people for it? You don't know. And you know why you don't know? 'Cause they've never given you a letter of commitment. Not -- that's in -- and I know Commissioner Gonzalez knows what this is. It's an unqualified -- unequivocal, we have our funding in place. But you know what? You've given them enough extensions. You've given them enough time. I know before, it was DERM, it was this, it was that, but you know what? Had they done their due diligence from the time they were awarded this contract in '01 -- going to say it one more time, in 2001. This is 2008. This has been seven years. No private sector would allow this to go on for this long, and there's going to come a time, it's going to be very shortly, the City ofMiami is going to be facing a shortfall. We can either lessen that shortfall by one million a year or we could do it by 200,000 a year. I'm only going to vote for this if they do like the private sector. They want a beautiful piece of property from the City ofMiami, probably there are not five pieces of property like this in the United States, and they should have to pay for that property because all they're doing is tying up us. All they're doing is preventing jobs from happening. Either they perform pursuant to their City ofMiami Page 80 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 RFP (Request for Proposal), which they've already been granted modifications, or they don't. But it's time to fish or cut bait. Chair Sanchez: All right. You want to -- counsel, you want to add to that? Lillian Ser: Absolutely. Lillian Ser, with Flagstone Island Gardens. I agree with you, Commissioner, in that this project has been going on since 2001. I agree with you that for -- in other situations that possibly commencing the construction rent might be appropriate, but I don't agree with you that, in this particular situation, it's the way to go. When we -- and I was also here at the time when we put together the response to the City, a response that was overwhelmingly voted on by the citizens ofMiami. We still have that same project that went out to the citizens. The modifications that you have referred to were minor modifications and come after value engineering and very slight modifications. It's still the same exact project. As far as our commitment to this project, I don't think that you would be able to find, this city or any other government entity, a developer as committed as this developer has been. I don't think that -- I know that the three developers that bid on this project knew that it would be complicated. It sits on City land. It sits in between the City, County, and the City ofMiami Beach. There are numerous agencies that have their eye on this piece of property, FDOT, DCA (Department of Community Affairs), South Florida Regional Planning Council, Miami Beach, Dade County, and within Dade County, WASA (Water and Sewer Authority) and other sub -agencies, which, as you know, are their own fiefdoms. It took us just -- and this was information that was provided to your office and that I went over with your aides as well. Just for the notice of proposed change that we had to do for this project, it took us 19 months. To obtain the environmental permits for the marina, took us 28 months. Yes, we anticipated that it would take some time, but not 28 months. Just to negotiate the lease with the City took us 13 months. Yes, we have come in for a few extensions prior to this one, but if you go through the list of the accomplishments that we've had since 2001, you will see how committed we are. We have all our permitting done, complete. The last permit that we need is in progress at the -- in Dade County right now, which is for the mega yacht marina. This -- Commissioner Sarnoff Well, I'm not -- Ms. Ser: -- developer -- Commissioner Sarnoff -- suggesting -- Ms. Ser: -- has committed -- Commissioner Sarnoff -- to you that we shouldn't go forward with you because that is sort of cutting your nose off to spite your face. However, you've described to me approximately three years worth of permitting and you've had the project for seven years. Ms. Ser: It hasn't been three years, Commissioner. It's been much longer than that. And just to get our equity in place took us over a year. To date, this developer has put in $35 million to this project without any returned, without any returned for many, many more years. And without any Commissioner Sarnoff Before you went into it -- Ms. Ser: -- if we were to walk away right now, the City doesn't owe -- Commissioner Sarnoff Well, that's why -- Ms. Ser: -- us anything. City ofMiami Page 81 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff -- you won't walk away. Ms. Ser: We don't want to walk away. As far as -- Commissioner Sarnoff Well, that's why we should be -- Ms. Ser: -- the $16, 000, this is a number that came from the City, the $200,000. We did not want to pay anything, but we -- Commissioner Sarnoff Oh, I understand. Ms. Ser: -- agree to that number. Commissioner Sarnoff I'm suggesting -- what I'm suggesting is I don't think the City, in all due respect, from the Administration side, is representing the citizens well. I think that you should pay what the private sector would make you pay, which is a one percent penalty. Ms. Ser: At this point in time, we are in the midst of working on our consfruction loans. We are out to syndication on those loans. We have our equity in place. We are under confidentiality agreements with the two lenders that we're working in. What -- I know that your staff has been looking for commitment letters from the bank, which we have, which is in this letter from Greenwich Group, and I have a representative from Greenwich to put on the record that his company stands behind what they're stating in that letter. In that letter, he summarizes exactly where we are at in the process with the consfruction loans. As you know, we're in a difficult market right now. The syndication of these loans is taking a lot longer than anticipated. It's just a fact of life. But for the City to want us to have to pay the consfruction rent right now is adding salt to this injury. Commissioner Sarnoff Well, I -- see, I don't -- Ms. Ser: We don't have our monies in place, but we will have -- these lenders will be here at the City as soon as the loans are syndicated and we start the paperwork, which you know takes three to four months to complete. We will be at the City with the lenders at the table working closely with the City. Commissioner Sarnoff I -- you know, maybe my fellow Commissioners will have sympathy for all you've gone through, but to me, all you've described is a complicated business deal, which you knew you were getting into in '01. Ms. Ser: I have Mr. Gary Barth here from the Greenwich Group International. It's a global real estate investment banking firm, with over $30 billion of real estate equity and debt transactions. If you would like for him to go on record with the City as to where we're at with our financing, I'd be happy to have him come up. Chair Sanchez: Counsel -- Commissioner Regalado, do you have any questions? Commissioner Regalado: Yeah, but not on the financing. My question is, have you met with the staff of the Children Museum regarding the changes, the timeline, the consfruction? Recently, there was a PTA (Parent-Teacher Association) meeting, and the parents of the childrens [sic] asked the staff about the project because they have read that it was moving forward. So my question to you, have you met with them? Ms. Ser: I have been meeting with Debbie Spiegelman over the last couple of years since I joined Flagstone, and since we are not at the point of having our construction staging plan as yet, which is where their concerns lie, we have not sat down and talked about exactly, as far as, City ofMiami Page 82 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 for example, our temporary construction road and how the construction trucks are going to be coming in and out, but we do meet regularly. I keep her abreast of what's going on. She knows about this application. She has the information on our MUSP modifications, which she's happy with because what happened between the original MUSP and the MUSP we have now is that we went from being at a nine foot elevation to a twenty foot elevation, and we're back down to nine feet, so Ms. Spiegelman was happy about that as far as -- she had some issues or concerns regarding drainage, but we're fine. Commissioner Regalado: So you -- would you plan to keep them informed -- Ms. Ser: Absolutely. Commissioner Regalado: -- of the immediate -- Ms. Ser: Absolutely. Commissioner Regalado: -- plans --? Ms. Ser: We have to because -- Commissioner Regalado: 'Cause, you know, they do have to make plans -- Ms. Ser: Absolutely, and actually, we have -- Commissioner Regalado: -- in the long term. Ms. Ser: -- to build them a road under -- Commissioner Regalado: Right. Ms. Ser: -- one of the easements that we have with the City. Commissioner Regalado: Right. Ms. Ser: It's a drop off. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: All right. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: I just have two questions to -- for the Legal Department and the Administration. And I'm not an attorney, and that's why sometime I may ask questions that might seem stupid. Was there a stipulation in the contract where they had any kind of penalties for not commencing the construction on the stipulated time? Chair Sanchez: No. Ms. Billberry: No. Commissioner Gonzalez: All right. If we impose on them right now a penalty, will that be legal? Julie O. Bru (City Attorney): Commissioner, you could terminate this agreement now so -- Commissioner Gonzalez: Okay. City ofMiami Page 83 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Ms. Bru: -- anything that you do -- Commissioner Gonzalez: No, no, no, no. Ms. Bru: -- at this point is -- Commissioner Gonzalez: No. My -- Ms. Bru: -- whatever the parties agree to. Commissioner Gonzalez: Julie, that is not my question. I know that we can terminate the agreement now, but I'm not going to take that action because it's not my disfrict. It's Commissioner Sarnoff district, and I'll be -- you know, I think 99 percent of the time, I have supported what the Commissioner want in his district, and he has done the same on me. I voted against him in the Mercy project; he voted against me on the river, but think those have been the only two occasions, and I'm going to follow his lead on his district. I'm not going to terminate the confract. To begin with, it's not my district,• I'm not going to take that action. My question was very simple. They don't have -- on the confract, they don't have a clause that says that they have to pay a penalty for not commencing on whatever time was stipulated. If we decide now to impose a penalty, a million dollars, five million dollars, twenty million dollars, ten cents, twenty dollars, is that legal? Ms. Bru: Commissioner, I wouldn't categorize it as a penalty. It's just a business transaction in order to afford them the opportunity to extend deadlines which they had previously agreed to comply with, so technically, it wouldn't be a penalty. It's just an agreement, a meeting of the minds between the two parties as to how much it's worth it to them to continue in this venture, and the City, how much it's willing to accept for the right of them to continue with the venture. Commissioner Gonzalez: Okay. So my question, again -- Ms. Bru: It would be legal -- Commissioner Gonzalez: I'm not an attorney. Ms. Bru: -- if they agree to it. Commissioner Gonzalez: You are an attorney; he's an attorney. You two understand each other, okay? As Commissioner Regalado says, I'm very dumb; I don't know anything. My question, again, if Commissioner Sarnoff decide to impose on these people a million dollars now, as a penalty, as a -- whatever you want to call it, okay, would it be legal to do that? Ms. Bru: This City, the City Commission, has the unfettered right to impose whatever condition it wants to impose at this point. Commissioner Gonzalez: All right. Count on my vote either to kill the project or to impose whatever -- Commissioner Sarnoff It won't kill the project. Commissioner Gonzalez: -- you want to impose. Chair Sanchez: You want to add any more testimony to this? Ms. Ser: I would love to have Mr. Gary Barth come up and put on the record where we are with our financing. City ofMiami Page 84 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: Sir, state your name and address for the record. Good afternoon. Gary Barth: Good afternoon, Chairman, Commissioners. My name is Gary Barth, from 805 Third Avenue in New York City. I am a principal in the Greenwich Group International, a small, but influential, New York -based, but international, real estate investment bank, and we were hired some two and a half years or so ago to be financial advisor to Flagstone in helping them raise equity and debt for this spectacular project, as it has been alluded to by a number of you. And the equity was successfully raised, as I said in a letter dated May 27, through a New York -based international financial group, and we are now in what I could call the final stages of raising the debt portion, the construction loan portion, so to speak, which should be completed, I would say, by the early fall. There is no gainsaying the fact that these are difficult financial markets that we're in. And we've been involved in some major, major projects. And projects that, five years ago, would have been financed in six or nine months are now taking a year, two, or longer, but we're very confident that given what this project is all about, that the two major lenders that are putting their syndicates together right now will be completed in a relatively short period of time. Chair Sanchez: So you do have the equity in place? Mr. Barth: The equity is in place, and it is a venture between Flagstone and a company called ING Clarion, New York based, part of a very, very large Dutch financial conglomerate, and they are working very closely with Flagstone in moving the project forward and getting the financing, the debt financing. Chair Sanchez: So if we were to, for whatever reason, deny this extension, would we jeopardize the finance of this project? Mr. Barth: Yes. Commissioner Sarnoff Nobody's suggesting denying the financing. We just -- Chair Sanchez: No, no, no, no, no. I'm just asking a question. I want to hear from them. Mr. Barth: Yeah, because -- Chair Sanchez: Your opinion is your opinion, and you're entitled to it, and I respect it. I just want to hear from them. Mr. Barth: Well, I think if the -- Chair Sanchez: Will we be jeopardizing this project? Mr. Barth: Right. I mean, if the project was delayed considerably, there's no question that the lenders that are now being talked to would, you know, potentially lose interest in it. I can't say whether the major equity partner of Flagstone would stand by or not. It's very hard to say. Chair Sanchez: 'Cause right now, I think you have certain big hurdles to overcome, and that is the market's not there, so that's going to be a tough one for you. Mr. Barth: Market meaning financial markets? Chair Sanchez: Meaning people buying or people -- Mr. Barth: Well, this project won't be completed for two and a half years or so, and a few City ofMiami Page 85 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 people mentioned condominiums. These are not condominiums. These are -- Commissioner Sarnoff Timeshares. Mr. Barth: -- private resident clubs, fractions being built above one of the most spectacular five-star brands in the world. Commissioner Sarnoff This is the uber-rich. Chair Sanchez: All right. Mr. Barth: And so that's sort of the state of financing, and we, as a firm, are very excited about, as is our equity partner, as are the banks that we're talking to. Chair Sanchez: Okay. Any further questions from the Commission? Commissioner Gonzalez: I believe Commissioner Sarnoff had been asking for a commitment, right? Commissioner Sarnoff Correct. Commissioner Gonzalez: And we -- they haven't produced a commitment that the Commissioner wants. Commissioner Sarnoff Correct. Commissioner Gonzalez: I believe that before taking an action -- any action today, we should defer the item or continue the item and give him another opportunity to produce a commitment, what the Commissioner -- Commissioner Sarnoff They've -- Commissioner Gonzalez: -- is asking for. Commissioner Sarnoff -- advised they will not produce the commitment to us, and they've also told the City Manager they will not produce the commitment to him. So you're at a famous Texas stalemate. Ms. Ser: IfI may. Commissioner Sarnoff If -- let me just say this -- they would like -- if they'd like their 18 months, maybe they shouldn't get 18 months. If you'd like to impose a year upon them, maybe it shouldn't be at $16, 666 per month; maybe it should be $75, 000 per month. And they can visit us in a year and then ask for another extension, and then you can decide, you know, Commissioner Sarnoff a year ago, asked you for that commitment letter. Why isn't it here today? But the bottom line is, this is an asset of the City ofMiami that is sitting fallow, that has been sitting fallow for eight years and not producing anything to offset the tax burden that we put on the citizens. Chair Sanchez: That's a good argument, but you could also make the argument they're one permit away, and if not, we're going to be -- property's going to be there for another eight years with nothing being done. Commissioner Sarnoff Or you could make the argument that they can walk away and we can re-RFP this and get somebody in -- well, probably an RFQ (Request for Qualifications) would be better 'cause we would probably want to see somebody that has the wherewithal to do the City ofMiami Page 86 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 project. Chair Sanchez: Counsel. Ms. Ser: IfI may. Mr. Hernandez: Mr. Chairman, Commissioners, we've been at it now for a number of years, but if we were to terminate this process right now, it would probably take us another three years, through a new process, maybe more, to get to the point where we are right now. I think it would be wise and prudent to be able to work with Flagstone to be able to continue the project forward. I think that they have advanced it to the point that it's viable and it's a question of whether you feel that the $200, 000 a year is sufficient or whether it should be more. Commissioner Sarnoff Well, maybe what we should do is continue this for the next Commission meeting and get the feel maybe that it's inadequate, that the 200,000 is inadequate 'cause I think it's inadequate, and I think -- or I hope Commissioner Gonzalez shares my view, and I don't know how anybody else up here feels about it -- renegotiate with these people; gives them another 30 days to get a little further along in the process. Commissioner Gonzalez: Is that your motion? Commissioner Sarnoff That is my motion. Ms. Ser: Mr. Chair -- Commissioner Gonzalez: I'll second -- Ms. Ser: -- ifI may. Commissioner Gonzalez: -- your motion. Chair Sanchez: All right. There's a motion -- what is your motion, Commissioner, to defer? Commissioner Sarnoff Defer it for 30 days -- Commissioner Gonzalez: Defer for -- Chair Sanchez: For 30 days. Commissioner Sarnoff -- renegotiate a lease -- to renegotiate an extension of time that more clearly defines the value of this property, and to increase the amount so that -- I don't think they should be given 18 months; they should be given one year, a one-year extension. Commissioner Gonzalez: And then revisit. Ms. Ser: Mr. Chairman, ifI may. Chair Sanchez: Yes. Ms. Ser: Like to point out a couple of things. With the schedule that we have now, we are going to be opening our sales center onsite by late October. In order to do that, we must exercise an easement with the City that's already been approved. To exercise that easement, we must pay the City $300, 000, which is the additional deposit under the terms of our lease. That's number one. Number two, the $75,000 beginning on the 13th month, which is, as Lori has put it, an incentive fee for us to get our work done quicker, is close to what the construction rent would be. We City ofMiami Page 87 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 would offer up that we would be willing to go to $100, 000 beginning on that 13th month if we can't get it all done. I would strongly request that we do not continue this item. Continuing this item is going to stop all work on -- with the lenders, and I don't want to lose another 30 days on that end, which is exactly the issue that we're trying to resolve at this point. Commissioner Sarnoff Then, counsel, why don't you offer us something on the front end? Ms. Ser: I think that $200, 000 plus the $300, 000 that we're paying for the sales center is half a million dollars. At this point, these funds are coming out ofMr. (UNINTELLIGIBLE) pocket. They're not coming out of our equity or our construction loans. This is more money that the developer is putting into this project. Under our lease, he was only required to put in $22.4 million of equity. We are close to $36 million at this point. Commissioner Sarnoff I've seen where -- Ms. Ser: We are only asking for a little bit more time to get our construction financing taken care of. Commissioner Sarnoff Well, now I'm going to maintain my motion because if you were willing to put some more money on the front end, I'd be more than willing to listen. Ms. Ser: Could you give me one moment, please? Commissioner Sarnoff Sure. Take as much time as you'd like. Mr. Hernandez: Mr. Chairman, Commissioners, maybe you would like to consider passing on the item now -- Commissioner Sarnoff Sure. Mr. Hernandez: -- and bring it back in about an hour, closer to the end of the meeting -- Chair Sanchez: All right. Mr. Hernandez: -- to allow -- I think it's to table the item -- time for staff to talk to the Flagstone group. Chair Sanchez: All right. Let's table the item. We'll bring it back. The -- RE.2 has been tabled. It's a resolution. We'll give all sides an opportunity to meet. "[Later... J" Chair Sanchez: I believe there's been an agreement with Flagstone. Are we ready? Madam -- we'll take up the item. Ms. Billberry: Lori Billberry, Public Facilities. Basically, reluctantly, Flagstone has agreed that they would pay 50,000 a month for the first 12 months and 83,000 a month for any month after that, meaning the 13th through the 18th month of this extension period. Commissioner Gonzalez: All right. Chair Sanchez: That add ups -- adds up to how much? Ms. Billberry: During the first 12 months, that is $600, 000, or 60 percent of what their construction rent would be, but they do also have to deposit with the City $300, 000 when they City ofMiami Page 88 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 take possession pursuant to the easement, so you're up to 800,000 at that point, and then $83, 000 a month is basically their construction rent of a million dollars. Chair Sanchez: So we passed a million. All right. You satisfied, Commissioner? Commissioner Sarnoff I am. I would like to have it subject to receiving a letter of commitment by -- from their lender by 9/15/2008. Chair Sanchez: Commissioner. Ms. Ser: Lillian Ser, for Flagstone. At this point, what you're doing now is renegotiating the terms of our agreements and contracts. In order to take possession of the land, we have to provide those to you -- to the City. We would like to be able to have, under the market circumstances that we're under, that additional time to do so. Commissioner Sarnoff The full 18 months? Ms. Ser: That is what our application is right now. Vice Chair Spence -Jones: I guess I'm chairing this meeting. I'm sorry, Commissioner. I mean - Chair Sanchez: Whenever Commissioner Sarnoff is done -- Vice Chair Spence -Jones: Yeah. I'm sorry. Go 'head [sic], Commissioner. Commissioner Sarnoff No. I'm frying to understand. You could not provide us a letter of commitment -- you would be, I guess, theoretically paying rent, which is one aspect of it, but we would never know if you had a commitment for another 18 months? Ms. Ser: Theoretically, if we use the whole 18 months, our plan is to take possession of the land as soon as possible. In order to take possession of the land, I'd not only have to provide you a commitment letter, I'd have to provide you the closing on those loans. So the commitment letters, as soon as we have them, we would be happy to share that as full -- not -- I'm sorry. Let me restate that. As soon as we have the commitment letters and we're fully syndicated, we would be able to provide you copies of those letters. Commissioner Sarnoff What -- let me understand something. The commencement of rent starts when, Lori? Ms. Billberry: It would have started when they take possession under the terms of the lease. What we are proposing now, though, it was consideration for an extension. The initial agreement to enter into ground lease provided that they could do pre -development work without having paid any monies to the City for that period of the utility work 'cause we would have been getting the benefit of those improvements taking place. So at that time, the lease was negotiated. There was initially no consideration for that period. Commissioner Sarnoff So my question, which is a little simpler, when would they start paying rent, August? Ms. Ser: Do you mean the fee that we were -- we just negotiated? Commissioner Sarnoff Yes. Ms. Ser: August 1. City ofMiami Page 89 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff So from August 1 for 18 months, we would not theoretically know whether you had a commitment? Ms. Ser: We will, hopefully, by, I believe, the end -- the beginning of this fall, have those commitment letters available. Commissioner Sarnoff Would -- Ms. Ser: Under the terms of our agreements, though, we need to have the loans fully syndicated. Commissioner Sarnoff No. I -- Ms. Ser: We plan on closing our -- Commissioner Sarnoff We're talking apples -- Ms. Ser: -- construction -- Commissioner Sarnoff -- and oranges. Ms. Ser: -- loans -- Commissioner Sarnoff I understand. You're saying before you take possession, you have to have the commitment letter to the City. I understand that. Ms. Ser: Yes. Before we take possession, we have to have the loans closed. Commissioner Sarnoff Right. Ms. Ser: We have to show proof of all the financing. Commissioner Sarnoff I understand that. But let me give you this scenario: It's Thanksgiving and it's 2008; and you're paying rent, but you still haven't taken possession. That could be a scenario, correct? Ms. Ser: Under this application, we have an 18-month extension on our outside date, yes. Commissioner Sarnoff So I'm trying to get a date upon which you would commit to this Commission to giving us -- a drop -dead date. Ms. Ser: The outside date is the drop -dead date. Commissioner Sarnoff That's the 18 months. I'm frying to get a date before the 18 months. Ms. Ser: Commissioner, it's like shooting ourselves in the foot. You're asking us to pay more money for land that we don't have possession on, plus give you a date. I don't want to have to come back here in a few months and say we can't get it for you because of the market condition. Commissioner Sarnoff Okay. Vice Chair Spence -Jones: Anything else, Commissioner Sarnoff, you want to add? Commissioner Sarnoff Do I have anything else to add? City ofMiami Page 90 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff I have concerns, butt guess I can't add them. Vice Chair Spence -Jones: You can add them. Chair Sanchez: Well -- no. Vice Chair Spence -Jones: I just want to make sure that -- you can add -- Commissioner Sarnoff No. I've asked all the questions I need to ask. Vice Chair Spence -Jones: Okay. Chair Sanchez: Well, I hope I never have to sell you a car if I'm a car salesman. I'll tell you that much. All right. Let me just elaborate on it. Commissioner, this item that's in front of us, you are right, it's been some time in the making. I remember when all this was done that it was put out for a vote. It got voted, as you know, by 62 percent of the voters approved this project. I've looked at this, and some of the concerns that you brought out, I shared with. I thought that, you know, equity was very important; it had to have it in place. After reading all the documents, I see that equity is in place, and that they have one year to close this project. Now I could tell you that under the contract that they have, they're not required to show financials until the contract - - they take control of the lease, but that's to the point that I'm trying to get here. I mean, when you have a contract, you can't change the rules as you go along, and I have some concerns here that we're playing poker when there's close to about 36 or $38 million on the table and more interest to the taxpayers ofMiami if this project gets built. Now if you also look at the general purpose that's out there, or the process, you know, looking at it itself that they put on the record, I mean, some of these things have taken so long, and it's not basically our fault or their fault, but you look at the time frames of the things -- you know, negotiation of ground lease took 14 months; you know, major land -use permit took 12 months. That's two years already, or almost -- yeah, that's almost two years. You look at the defense against the lawsuit that was filed against them; that was a 18-month process. So, you know, I think that we've acted in good faith with the developer on this in the entire process. We're one permit away from it. My goodness, we grant extensions here all the time; certainly, not for a project of such great magnitude. And I applaud you for taking the interest in the City, butl think that at times, you know, it reminds me when I was learning how to drive that my dad took a cone and put an egg and said, "Well, get close to it, but don't knock the egg over," and I think that's what we might be doing here. We might jeopardize this to where we lose an opportunity to have that project there. And not only do we lose the opportunity for the jobs, which I think it's very important that we take the plight of our economy into effect right now the things that are going on in our economy, and this project is very close to happening. If we were in the process today where these things were not met, I'd be the first one to tell you this is a bad deal; let's get out of it. It's no good for the City; it's no good for the voters; it's no good for anybody. But we're almost very close to getting this deal done, and I think it's something that, at the end, it's a project that we could all be very proud of. So, really, I find no reasonable reason not to support this project. Although that -- I think now it's even better because we're making more money, but once again, I think we set a bad presence [sic] when we work on these major deals and every time that they come to this Commission, we're changes [sic] the rules as we go along. Let's put them on the contract first. It's just like any other contract you have with anybody, and then if they violate it, we'll say, hey, listen, you violated a contract, and here, stipulated on clause such and such numbers. But when we do this, I think we're selling -- we're sending a bad presence [sic] to the people that we have enticed to come into our city and invest millions and millions of dollars, not investing a thousand dollars or ten million. You're talking about millions of dollars that's being invested into our city, so I want to let my colleagues know that we've worked very hard in this Commission to get this project done. It is a good project. It is a project that we should embrace. I just need to caution you City ofMiami Page 91 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 very carefully how long do we put the stranglehold because, you know, the subject might faint after all. So, you know, I just happen to agree with you on some issues. I happen to disagree with you on some issues on this, but this is very close from being done, and I think that if we jeopardize the finances, you know, under the conditions that we're at today, we may end up losing a project that we invested time -- they invested time to get done -- we might end up losing it. So I implore with my colleagues to support this and let's get it done. Commissioner Sarnoff Well, Commissioner, let me just -- Vice Chair Spence -Jones: Commissioner -- Commissioner Sarnoff -- respond to a mischaracterization of the record that you just made. Nobody is breaching the contract. Their contract is at an end. Their contract they did not fulfill. Now they're asking you for an extension of time for a contract they could not and would not fulfill. Fault is not applicable here. They're coming to you asking you for an extension. You, as the safekeeper [sic] of the taxpayer's revenue, should sit here and should represent the citizens and the taxpayers to the best of your ability. Chair Sanchez: And I do. Commissioner Sarnoff Let me finish. And in doing so, you can exact whatever you think the extension warrants. I've put on the record what I think the extension warrants. They have come close to meeting that. I still think they should tell us when the letter of commitment is, but at least now they're paying for the land; at least now they're coming up there and there's an incentive for them to get it done, so I won't require the commitment letter, although I should, but I'll yield to you on this since I wasn't here at the inception of the negotiations. However, to put on the record and say that we're not living up to our end of the agreement is completely false. They're not living up to their end of the agreement. Chair Sanchez: Commissioner, how many -- Vice Chair Spence -Jones: Okay. Chair Sanchez: No. Wait, wait, wait, wait. Vice Chair Spence -Jones: Okay. Chair Sanchez: -- extensions -- Vice Chair Spence -Jones: Are you chairing the -- Chair Sanchez: -- have we granted in this Commission? Vice Chair Spence -Jones: -- meeting or am I? Chair Sanchez: You are. Vice Chair Spence -Jones: Okay. I just want to make sure. Okay, 'cause I don't want us to go backwards and forwards on -- You are now recognized, Commissioner Sanchez. Chair Sanchez: Well, my question is to each and every one of you, how many extensions have we granted on projects that have come in front of us nowhere near the magnitude of this project to our city? Which I don't think anyone here would disagree with the economic impact it's going to have, the job creation that it's going to provide, along promoting mega yachts -- the industry of mega yachts, which I think is something that we're all united to promote in our city. I think City ofMiami Page 92 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 overall, with the conditions that we're in, I think we're safe enough now -- even better than what we started to continue to move forward to make this a reality. Folks, this has been years in the making, and my greatest concern is that I'm not such a risk -taker to make sure that I push this to a point where -- I don't think they're going to back away; I agree with you, but I'm certainly not going to play poker with the taxpayers' dollars or the revenues of the taxpayers making money. They will -- Commissioner Sarnoff Commissioner -- Chair Sanchez: -- make money. Commissioner Sarnoff -- all we have to do is accept the deal that's on the table right now and you've just closed a $35 million gap window, when it comes time for this next budget, to 34.5 mil -- so you just netted the citizens of the City ofMiami a half million dollars in this tax year, and you would have netted them a million dollars in the following tax year. But it -- I just want to be clear. What you're doing is appropriate. What you're doing is representing the best interest of the taxpayers for the City ofMiami. Chair Sanchez: Of the City ofMiami and not willing to put this business in jeopardy and losing it. Yes. I agree on that. Vice Chair Spence -Jones: Okay. I have -- I've gotten the floor back, right? We've heard both points. Now I just have a question real fast for the City Manager because I think we keep going back and forth on one of these issues. I agree with both Sanchez and Sarnoff on both issues, but my question is for the Manager. Have we, in the past or recently, granted any approval similar to this? I'm just curious as to whether or not we've ever done this before with any projects. Commissioner Sarnoff This project has. Vice Chair Spence -Jones: I'm just curious. We have? Commissioner Sarnoff Sure. This is the third extension. Mr. Hernandez: We've probably done it many times, maybe not on a project of this magnitude -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff This is the third -- Mr. Hernandez: -- but we've done it. Commissioner Sarnoff -- extension for this project. Mr. Hernandez: Yes, on this one. Vice Chair Spence -Jones: Okay. Have we done a third -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- extension on any other project? Chair Sanchez: Hey, Flagler lease got at least three of them. Vice Chair Spence -Jones: I saw one -- Is that --? City ofMiami Page 93 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Ms. Billberry: Yeah. This -- no -- well, I was just going to mention this particular project, this is only the second extension of the outside date. Vice Chair Spence -Jones: This particular project that was -- Ms. Billberry: Yes. Vice Chair Spence -Jones: Now my other ques -- I didn't get my question answered from the Administration. Have we done -- have we had -- this before, given third extensions? Mr. Hernandez: Yes, we have. Vice Chair Spence -Jones: To who and where? Mr. Hernandez: Well, for example, to Flagler -- Chair Sanchez: First. Mr. Hernandez: -- First project with -- Chair Sanchez: Three of them. Mr. Hernandez: -- we did at least three. Vice Chair Spence -Jones: Okay. And so this is not like the first time that we've ever done this -- Mr. Hernandez: No. Vice Chair Spence -Jones: -- before? Okay. Mr. Hernandez: It's not. Vice Chair Spence -Jones: Are the circumstances similar, Lori? Ms. Billberry: I'm not familiar with all the extensions with Flagler First. Vice Chair Spence -Jones: Who's familiar with it? Mr. Hernandez: Larry would be with Flagler. Larry Spring (Chief Financial Officer): I mean Vice Chair Spence -Jones: I just don't want the -- Mr. Spring: I would -- Vice Chair Spence -Jones: -- I don't want the public to have the appearance that we're doing something special just for this particular group. Have we ever done this before? That's really my question. Mr. Spring: We -- clearly, we have granted extension on development projects. Chair Sanchez: All the time. Mr. Spring: All the time. The Flagler First example is not something good to compare to this City ofMiami Page 94 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 because there were many delays and to the point where we negotiated like -- took Commissioner Sarnoffs point, a much -- a higher standard for that developer because he went through a process of about seven or eight years. I would not characterize this the same way. In fact, Flagler First continues to pay us interest on the outstanding amount they owe until they close, and they still have not closed yet, so that one's a very extreme -- and we did it there because the purpose was to get the project done, to get the units done. You know, when I look at this project, we are creating, what, some thousand jobs; we're going to increase our tax base in the hundreds of millions of dollars. My estimates are actually very low 'cause I think -- I only have it in my projections at like 358, but know it'll be much greater than that to have that tourist attraction of Shangri-La, a six -star hotel in Miami. There're not many around the world. We're bringing -- we're making Miami a greater tourist destination, and with people who are not as hardly hit by recession as I am, as you are 'cause they have money and, I tell you now, they're probably making money on this $136 a barrel right now. Those are the type of people we're trying to attract to Miami with this project, so I urge the Commission to approve this with these terms that we've negotiated. Let's work with the developer, get it done 'cause we should not be starting over at this point. Commissioner Sarnoff I'll make the motion to approve, as stated. Chair Sanchez: Second. Well, you make the motion -- Vice Chair Spence -Jones: We had a motion and a second. Chair Sanchez: -- with the condition that was added. Ms. Ser: Yes. Commissioner Sarnoff Correct. Chair Sanchez: Andl will second it. Vice Chair Spence -Jones: Motion and second. Commissioner Sarnoff Do we have it on the record what the new rent is? Ms. Billberry: Yes. Commissioner Sarnoff Commencing. Ms. Billberry: Commencing August 1, it would be 50,000 a month for 12 months; at that point it would bump up to 83,000 a month. Commissioner Sarnoff And that point is what? One year, right? Ms. Billberry: Up to a year and a half. Well, the first 12 months, it's 50,00 a month. Commissioner Sarnoff And then? Ms. Billberry: Starting in the 13th month through the 18th month, should they need that additional time, it would bump up to the 83. Commissioner Sarnoff Eighty-three thousand, okay. Vice Chair Spence -Jones: Okay. We had a motion and a second, so the item passes, but do have a question -- City ofMiami Page 95 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: No, no, no. We haven't even voted. Commissioner Sarnoff You have to have a vote. Vice Chair Spence -Jones: Okay. Well, before we take the vote, Commissioner Regalado has a question. Commissioner Regalado: I just wanted to say something I think. I think that everybody here supports the project, and I think that this whole discussion about the Commission granting extension is not about what we were discussing here. The original discussion was the extension, but the terms of the extension. Everybody agree on the extension, but we were discussing the terms of the extension. We were not changing a contract because, after all, you guys didn't comply with the contract. So we were just amending the contract, and the message is very clear. What everyone here wants is that you do a project. We just are trying to get something out of the extension. It's not about how many extensions the Commission has done or historically or whatever. It's about the terms of the extension, and that's all that there is to it. And I think that these terms will be an incentive for everyone, even the City, to expedite everything that needs to be done in order for you to get the project done. And so, I guess that everybody agrees with that. Vice Chair Spence -Jones: All right. So we had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Priscilla A. Thompson (City Clerk): As modified. Vice Chair Spence -Jones: As -- Chair Sanchez: As modified. Vice Chair Spence -Jones: -- modified. RE.3 08-00613 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH M.E.F. CONSTRUCTION, INC., AUTHORIZED BY RESOLUTION NO. 06-0580, ADOPTED OCTOBER 12, 2006, TO PROVIDE ADDITIONAL SERVICES AT THE LOCATIONS DESCRIBED IN THE AMENDMENT, UNDER THE PROJECT ENTITLED "CITYWIDE SIDEWALK REPAIR PROJECT, PHASE 29 (SECOND BIDDING), B-43114A," INCREASING THE SECOND YEAR CONTRACT AMOUNT BY AN AMOUNT NOT TO EXCEED $400,000, THEREBY INCREASING THE TOTAL SECOND YEAR CONTRACT AMOUNT FROM $917,000 TO $1,317,000; ALLOCATING FUNDS FOR SAID INCREASE FROM PUBLIC WORKS ACCOUNT NO. 202000.891000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 96 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00613 Legislation.pdf 08-00613 Exhibit.pdf 08-00613 Exhibit2.pdf 08-00613 Exhibit3.pdf 08-00613 Exhibit4.pdf 08-00613 Exhibit5.pdf 08-00613 Exhibit6.pdf 08-00613 Exhibit7.pdf 08-00613 Exhibit8.pdf 08-00613 Exhibit9.pdf 08-00613 Exhibitl0.pdf 08-00613 Exhibitl 1.pdf 08-00613 Exhibit12.pdf 08-00613 Exhibit13.pdf 08-00613 Exhibit14.pdf 08-00613 Exhibit15.pdf 08-00613 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0342 Chair Sanchez: Let's go ahead and take up RE.3. Commissioner Gonzalez: I'll move RE.3. Commissioner Sarnoff Second. Chair Sanchez: Okay. Hold on. Let's get the staff. Is the staff ready? Let's get the staff. I apologize, staff. Commissioner Gonzalez: Staff is ready. Stephanie Grindell (Director, Public Works): Sorry about that. Chair Sanchez: Okay. Hold on. Let's -- Ms. Grindell: Stephanie Grindell, director of Public Works. Chair Sanchez: Okay. This is, for the record, since we're being viewed worldwide -- for the record -- Commissioner Sarnoff Worldwide web. Commissioner Gonzalez: Really? Ms. Grindell: R -- Chair Sanchez: -- RE.3 is a resolution. Ms. Grindell: RE.3 is a resolution to increase the M.E.F. Construction contract for sidewalks by the amount of $400,000 to bring it from 917,000 to 1,317,000 for the specific purpose of buildingADA (American with Disabilities Act) ramps at approximately 300 intersections. City ofMiami Page 97 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 RE.4 08-00432 Department of Capital Improvements Program Votes: Chair Sanchez: All right. And -- okay. There's a motion already by Commissioner Gonzalez, second by Commissioner Sarnoff. Discussion on the item. It does not require a public hearing. Any further discussion? This is to comply with the ADA settlement? Ms. Grindell: This is -- yeah. This is an attempt to help with that. What happened was that since some of our contracts that were budgeted did not start on time, I found myself with a little bit of extra funding so my thought was to put it into this project so that we could address that two lawsuits that we have regarding ADA access. Chair Sanchez: So there's two lawsuits that we're facing. Okay. Any further discussion on this item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE.3 has been approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT DATED DECEMBER 11, 2007, WITH ASTORINO, INC., FOR THE PROVISION OF ADDITIONAL WORK NECESSARY FOR THE CITY HALL RESTORATION PROJECT, B-30121 AND OTHER MISCELLANEOUS ARCHITECTURE AND LANDSCAPE ARCHITECTURE PROJECTS AS NEEDED CITYWIDE, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE AMOUNT OF THE AGREEMENT FROM $500,000 TO AN AMOUNT NOT TO EXCEED $1,000,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, FOR SAID PURPOSE AND AFFIRMING THE CORRECT SPELLING OF ASTORINO, INC.; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $500,000, AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS. 08-00432 Legislation.pdf 08-00432 Exhibit.pdf 08-00432 Summary Form.pdf 08-00432 Text File.pdf 08-00432 Memo.pdf 08-00432 Agreement.pdf 08-00432 Resolution.pdf 08-00432 Certificate.pdf 08-00432 Scope of Work.pdf 08-00432 Schedule A3.pdf 08-00432 Schedule B.pdf 08-00432 Insurance.pdf 08-00432 Letter.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0343 City ofMiami Page 98 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: RE.3. Commissioner Gonzalez: -- E.3. Chair Sanchez: RE.3, we passed. RE.4. Ola Aluko: Good afternoon. Ola Aluko, director of Capital Improvements, City of Miami. RE.4 is a resolution to authorize the City Manager to amend the miscellaneous professional services agreement with Astorino, Incorporated, increasing their capacity from $500, 000 to a million dollars. This is part of the original contract, but we had to come before the board to increase that capacity. Commissioner Sarnoff Move it. Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Vice Chair Spence Jones. The item is under discussion. RE.4, no further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Madam Clerk, RE.4 has been approved, 5/0. Mr. Aluko: Thank you. RE.5 08-00614 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING AND APPROPRIATING FUNDS RECEIVED Improvements FROM THE MIAMI-DADE COUNTY BUILDING BETTER COMMUNITIES Program GENERAL OBLIGATION BOND, IN THE TOTAL AMOUNT OF $2,023,000, FOR THE LITTLE HAITI PARK CAPITAL PROJECT, B-38500 AND B-30295; AUTHORIZING THE CITY MANAGER TO EXECUTE THE PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; AMENDING THE CAPITAL IMPROVEMENTS PROJECTS APPROPRIATIONS RESOLUTION NO. 08-0027, ADOPTED JANUARY 10, 2008, TO REFLECT THE ADDITION OF SAID FUNDS. 08-00614 Legislation.pdf 08-00614 Exhibit.pdf 08-00614 Summary Form.pdf 08-00614 Master Report.pdf 08-00614 Master Report2.pdf 08-00614 Agreement.pdf 08-00614 Exhibitl.pdf 08-00614 GOB Rules.pdf 08-00614 Routing Form.pdf 08-00614 Letter.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 City ofMiami Page 99 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 R-08-0344 Chair Sanchez: RE.5. Ola Aluko (Director, Capital Improvements Program): RE.5 is a resolution accepting and appropriating funds received from the Miami -Dade County Building Better Communities Bond, otherwise known as GOB (General Obligation Bond) -- Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. That's no-brainer. Chair Sanchez: Okay. There's a motion by the Vice Chair, second by Commissioner Gonzalez. Resolution RE.5 is under discussion. Any discussion on RE.5? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Mr. Aluko: Thank you. RE.6 08-00621 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AUTHORIZING THE NEGOTIATION OF A LOAN, IN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED TWENTY-SEVEN MILLION, FIVE HUNDRED THOUSAND DOLLARS ($27,500,000) (THE "LOAN") FROM THE SUNSHINE STATE GOVERNMENTAL FINANCING COMMISSION FOR THE PURPOSES OF FINANCING, REFINANCING, OR RECEIVING REIMBURSEMENT FOR THE COSTS OF THE ACQUISITION, CONSTRUCTION, AND/OR EQUIPPING OF THE PROJECTS AND FOR PAYING THE COSTS OF ISSUANCE RELATED TO THE LOAN AND APPROVING THE FINANCING OF THE PROJECTS FROM THE PROCEEDS OF THE LOAN, INCLUDING REIMBURSEMENT OF EXPENDITURES PREVIOUSLY MADE FOR SUCH PURPOSES; APPROVING, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER A LOAN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AS EXHIBIT A HERETO, WITH SUCH CHANGES, INSERTIONS, AND OMISSIONS, AS MAY BE APPROVED BY THE CITY MANAGER AFTER CONSULTATION WITH THE CITY ATTORNEY; AND AUTHORIZING THE CITY MANAGER AND ALL OTHER NECESSARY CITY OFFICIALS TO EXECUTE AND DELIVER, AFTER CONSULTATION WITH THE CITY ATTORNEY, ALL OTHER DOCUMENTS, INSTRUMENTS, AND CERTIFICATES IN CONNECTION WITH THE LOAN FOR THE PROJECTS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE MAKING OF THE LOAN; APPROVING, CONFIRMING, AND RATIFYING ALL OTHER ACTIONS TAKEN BY CITY OFFICIALS TO DATE IN CONNECTION WITH OBTAINING THE LOAN; AND PROVIDING AN EFFECTIVE DATE. City ofMiami Page 100 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00621 Legislation.pdf 08-00621 Exhibit.pdf 08-00621 Exhibit2.pdf 08-00621 Exhibit3.pdf 08-00621 Exhibit4.pdf 08-00621 Exhibit5.pdf 08-00621 Exhibit6.pdf 08-00621 Exhibit7.pdf 08-00621 Exhibit8.pdf 08-00621 Summary Form.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-08-0345 Chair Sanchez: Okay. RE.6. It's a resolution, and that's the Sunshine State loan dollars. Diana Gomez: Diana Gomez, Finance director. This is a resolution authorizing the execution and delivery by the City Manager of a loan agreement, in an amount not to exceed $27.5 million, to be entered between the Sunshine State Government [sic] Financing Commission and the City ofMiami, providing certain other matters in connection with making of the loan be adopted. Commissioner Sarnoff Move it. Commissioner Gonzalez: Move RE.6. Chair Sanchez: Okay. There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the item. I had -- discussion. Commissioner Regalado. Commissioner Regalado: Larry, for the record, because as the Chairman said, we have been -- we are being watched now in Madrid and in Moscow, and we need to be clear on this. This loan, we need to pay back to the State of Florida. Larry Spring (Chief Financial Officer): Absolutely. Commissioner Regalado: Okay. What are the terms of the payment, how long? Ms. Gomez: Right now, the -- we believe it's going to be approximately -- I guess, we haven't finalized exactly the repayment terms. It's a few years of -- about seven years is what we're planning to -- of fixed payments, and then perhaps a larger sum at the end of it. It matures in 2016, so we're thinking about paying it over seven years, fixed, with a balloon somewhere in 2016. Commissioner Regalado: And the payment for this loan will begin -- first payment will begin -- Ms. Gomez: We will make interest payments from -- right -- once we start -- once we drawdown the loan, we will have to start making interest payments. August 15 is right now the scheduled interest payments start. Commissioner Regalado: So we pay -- it's like a balloon mortgage. Ms. Gomez: Well, not at first. So, at first we will pay -- I don't know. City ofMiami Page 101 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 S. Pete Chircut (Treasurer): Commissioner, Pete Chircut, from Finance. This would be a loan to the City. It would mature 2016. The City will decide, when we do the loan agreement, what the amortization will be. The interest payment will be made on a monthly basis. This loan is a variable rate debt. Commissioner Regalado: And it's a fixed interest? Mr. Chircut: No. It's variable rate interest. Commissioner Regalado: Variable. Mr. Chircut: And it's variable rate tax exempt, between two and two and a half percent. Commissioner Regalado: Okay. And by 2016 -- Mr. Chircut: 2016 -- Commissioner Regalado: -- we have to -- Mr. Chircut: -- is the maturity of this loan. Commissioner Regalado: So we need to pay a lump -- Mr. Chircut: We can pay a lump sum or we can do an amortization for the seven years. Commissioner Regalado: And we will be paying this from the general fund? Mr. Chircut: Or we can refinance this loan any time to a fixed rate. Commissioner Regalado: Okay. Now the other question for the record is -- and this is not an economic. This loan, this money, $27 million, will be used only for capital improvement projects that have gone over budget. Is that --? Ms. Gomez: No, no. Commissioner Regalado: No? Ms. Gomez: The loan can be used for any capital projects in the capital plan. We have -- well, not for any, excuse me. There is a list, a designated list that has been approved by the Sunshine State Committee of authorized projects that this money can be used to fund. Some of those projects are projects that are over budget. Commissioner Regalado: Right. And that's -- that was my point. Ola Aluko (Director, Capital Improvements Program): Let me clarify that, Mr. -- Commissioner. Not necessarily over budget. Again, when the capital plan was initially laid out, allocations were given to certain projects, not budget, allocations, so when these projects became online, we realized that the actual costs for these projects were over the allocations. So these funds will complement or supplement whatever funding gap that we had in these original allocations. So the -- it's not necessary [sic] that the projects were over budget. Commissioner Regalado: Okay, and who would decide the priority of this [sic] projects? Mr. Aluko: Again, there are a list -- there is a list, rather, of projects which the design -- City ofMiami Page 102 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: Yeah, but the list doesn't have any numbers, Ola. Larry Spring: Commissioner -- Larry Spring, chief financial officer. Very succinctly -- and we said this in our briefings with all the Commissioners -- we are approving right now the acceptance of the allocation and the execution of the loan documents. The allocations of project specific allocation would have to be brought back to this Commission as part of an update to the CIP (Capital Improvements Program) appropriation. So the answer is you will decide how those funds are allocated at the end of the day. You will approve the allocation of the funds. Commissioner Regalado: We will decide from the list. Mr. Spring: Yes. From the list that we submitted to the Sunshine State Loan Committee, from that list, complementing our CIP Program, we -- the CIP Department will present to you the allocation -- will bring forth the allocation of the dollars, so the Commission will approve that appropriation, as you do all CIP appropriations. Commissioner Regalado: No, no. I understand that. But the question that I wasn't clear -- and I understood the loan, but my issue was the projects. For instance, in the list, none of the projects have numbers, so we don't know -- Mr. Spring: Right. Commissioner Regalado: -- what are the priorities. Mr. Spring: Right. Commissioner Regalado: There is just a list. The other -- in the other shortlist for the 15 millions, you have projects that could take a lot of money or a little money, like Museum Park or Gusman Center. Mr. Spring: Well, one correction on Gusman, Commissioner. You approved a specific allocation on Gusman predicated on the use requirements of the 15 million. It had a requirement that a portion of it -- Commissioner Regalado: Right. Mr. Spring: -- be used for a public private partnership purpose. And so, when you approved the $15 million loan acceptance, you actually approved a specific allocation. I believe Gusman and Melreese Golf Course were the two projects that were specifically allocated so -- Commissioner Regalado: Right. So I just want to be clear in that what we're doing today -- and I agree with taking the opportunity that the State is giving us this loan -- Mr. Spring: On very low-cost money. Commissioner Regalado: -- which we have to pay. It's the credit card syndrome, but it's okay. But the point is that the bond issue was $255 million, so we could say that we're adding $27 million to the bond issue. Mr. Spring: I would not -- Commissioner Regalado: In -- not in theory, but in practice, yes. Mr. Spring: Perhaps, in practice, butt would not make a statement like that because -- City ofMiami Page 103 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: No. You won't because you are the chief -- Pedro G. Hernandez (City Manager): Commissioner, I think the issue is that there -- Commissioner Regalado: -- but I will. Mr. Hernandez: -- may be projects on the list -- the potential list of projects that is not part of the capital program today -- Mr. Spring: Part of the HD (Homeland Defense). Mr. Hernandez: -- or part of the Homeland Defense program today. My understanding is that you can only spend monies on projects or categories that are in that list. Mr. Spring: Right. Commissioner Regalado: I just want to make sure that we know that this loan is for capital improvement -- Mr. Spring: Absolutely. Commissioner Regalado: -- and only for capital improvement -- Mr. Spring: Absolutely. Commissioner Regalado: -- and that this loan will supplement allocations, over budget, however diplomatically we want to put it, and that this list will be decided by this board. Mr. Spring: Yes. Commissioner Regalado: Okay. Thank you. Chair Sanchez: Any further discussion on the item? Hearing none, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Just a question for you after the vote. When will we see that list? Unidentified Speaker: It's in there. Commissioner Regalado: You have it. Chair Sanchez: No, butt mean -- Commissioner Gonzalez: No, it's not. Mr. Aluko: The allocations? Chair Sanchez: The allocations. Mr. Aluko: The Department intends on bringing the allocations in the -- Chair Sanchez: No, no. I'm sorry. When do you bring the recommendations for us to vote on City ofMiami Page 104 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 those -- on that list? Not the list. When do you bring it in -- Mr. Aluko: Oh, when CIP will be -- Chair Sanchez: -- for a vote as --? Yeah -- Mr. Aluko: -- bringing it. Chair Sanchez: -- the CIP. Mr. Aluko: CIP will bring it in the July meeting. Chair Sanchez: Okay. Mr. Aluko: Yes. Chair Sanchez: 'Cause the concern here is how is the money going to be distributed; is it going to be distributed equally; you know, how is the money going to be used. So we got to be very careful how -- Mr. Aluko: We will bring it before each Commissioner during the briefings for approval. Chair Sanchez: All right. Commissioner Sarnoff Well, keep one thing in mind, the HSB [sic] budget, most of that fell on District 2, the shortfalls. Chair Sanchez: We'll keep that in mind. Commissioner Sarnoff I bet you will. Chair Sanchez: We'll keep that in mind. Hey, listen, I look after the City, not just my district. RE.7 08-00617 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO RETAIN THE LAW FIRM OF KORGE AND KORGE, AS OUTSIDE COUNSEL, FOR THE PURPOSE OF ASSISTING THE CITY OF MIAMI ("CITY") WITH THE INVITATION FOR BIDS AND POSSIBLE DISPOSITION OF THE NORTH SIDE ASSETS OF THE KNIGHT CENTER COMPLEX, AND THE LAW FIRM OF BRYANT MILLER AND OLIVE TO ACT AS BOND COUNSEL TO THE CITY, ON AN AS -NEEDED BASIS, ON ISSUES PERTINENT TO THE KNIGHT CENTER BOND INDENTURE; WITH SAID FIRMS TO BE COMPENSATED IN AMOUNTS TO BE NEGOTIATED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM THE NON -DEPARTMENTAL ACCOUNT CODE NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO PROVIDE QUARTERLY REPORTS TO THE CITY COMMISSION OF ALL FEES AND COSTS ASSOCIATED WITH THE ENGAGEMENT OF SAID FIRMS, AS AUTHORIZED HEREIN. 08-00617 Legislation.pdf 08-00617 Cover Memo.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 City ofMiami Page 105 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 R-08-0346 Chair Sanchez: All right. RE.7. Julie O. Bru (City Attorney): Mr. Chairman, RE.7 is a resolution that would authorize the City Attorney to engage the law firm of Korge and Korge, and also, Bryant Miller and Olive, to assist in the preparation of the disposition of the north assets of the Knight Center. As you know, this Commission has previously accepted a proposal, an analysis presented by the Staubach company regarding the disposition of the James L. Knight Center Complex, but specifically, in this case, this engagement only concerns the north asset. We have negotiated a fee with the firm of Korge and Korge at $275 an hour; and with Bryant Miller Olive at $350 an hour. Chair Sanchez: All right. RE.7, as stated by the Attorney, is just to hire a pair of law firms to look into the sale of the Knight Center's assets. Commissioner Gonzalez: I let the -- this time, I let the Commissioner/attorney make the motion. Commissioner Sarnoff I don't know these guys. Commissioner, I'm going to be honest. I know Korge -- I don't know if it's Korge and Korge or Korgie (phonetic) and Korge. I don't know them at all, and I'm going to have to rely on the City Attorney. I imagine she selected them. I could give you no input 'cause I just don't know anything about their reputation or their lawyers. Ms. Bru: Commissioner, unfortunately, you've been on frial and I wasn't able to meet with you yesterday, butt have the resumes available. And Tom Korge of Korge and Korge is very well versed in complex real estate transactions. He's an adjunct professor at the University ofMiami; has handled many complex litigation matters regarding real estate transaction. And then Bryant Miller Olive, we have been working with, and is very familiar with the bonds at the -- the indenture at the Knight Center, so we figured that would be a very efficient way to utilize them. Commissioner Sarnoff All right. I would be honest with you, Commissioner. I would rely on our City Attorney for this 'cause I'll be doing the same thing. Commissioner Gonzalez: All right. Well, motion to approve then. Chair Sanchez: All right. Commissioner Sarnoff Sec -- I'll second it. Chair Sanchez: Any discussion on it? Vice Chair Spence -Jones: No. I just wanted to verify -- and Julie just put on the record, Mr. Chairman, about the north assets and she said it today, so we'll -- we will not see anything build -- any work to the Knight Center outside of the north assets for the firm. Ms. Bru: This engagement addresses work to be done exclusively regarding the north asset. Vice Chair Spence -Jones: Okay. Thank you. Chair Sanchez: All right. And this is just one step of many to -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- try to get this done. But I think it's important that you take into consideration what that's costing the City. It was a horrible deal. We're facing $35 million in cuts. We subsidize it at least about $2 million every year, a million and a half. We currently owe $39 City ofMiami Page 106 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 million on it. The lease, if I'm not mistaken, is to 2070, so we'll still continue to subsidize that money because it's just a bad deal, and we could possibly -- I'm not going to throw some numbers out there, but we could stand to make a good profit from the sale of that, and the beauty of it is that it'll be back on the tax roll for the City to be making money off of that so -- but one thing that I do ask when you start this whole process is that we need to be careful that we don't violate the bond, so that's why it's important that we hire good counsel to make sure that we don't do that through this whole process, so it's something that we need to explore and pursue. All right. RE.7, was it? Priscilla A. Thompson (City Clerk): We need a -- we have a motion, a second. We just need a vote. Chair Sanchez: All right. On RE (Resolution) what? Ms. Thompson: 7. Chair Sanchez: On RE.7, there's a motion and a second. No discussion on the item -- no further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.8 08-00620 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 ORLANDO LLAMAS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $310,039, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00620 Legislation.pdf 08-00620 Cover Memo.pdf 08-00620 Memo.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-08-0347 Chair Sanchez: RE.8. Vice Chair Spence -Jones: Settlement. Commissioner Gonzalez: It's a settlement. Chair Sanchez: All right. City ofMiami Page 107 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: I'll move it. Chair Sanchez: It's a settlement. Well, can we have just somebody from Legal put something on the record what we're moving and what we're approving? Julie O. Bru (City Attorney): Yes. Mr. Chairman, this is a resolution that would authorize the settlement of all claims for all dates of accidents involving the claimant Orlando Llamas versus City ofMiami. The amount of the settlement is $310, 039. This is a worker's compensation settlement. Commissioner Gonzalez: It's a workman's comp case. Chair Sanchez: All right. Commissioner Gonzalez: I'll move. Chair Sanchez: There's a motion -- Commissioner Sarnoff I'll second. Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Sarnoff. Any further discussion on the settlement? RE.8 is a resolution. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" RE.8 has been approved. RE.9 08-00618 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO TRANSFER AN ADDITIONAL PORTION OF THE COMMON FUND IN AN AMOUNT NOT TO EXCEED $169,692, ABOVE AND BEYOND THE $200,000 ALREADY AUTHORIZED BY RESOLUTION NO. 07-0418, FOR A TOTAL AMOUNT OF $369,692, TO THE CLASS ADMINISTRATOR, EPIQ SYSTEMS, FOR PRINTING, POSTAGE AND PUBLICATION OR OTHER NOTICE COSTS; ALLOCATING FUNDS FROM THE GENERAL FUND -FUND BALANCE. 08-00618 Legislation.pdf 08-00618 Cover Memo.pdf 08-00618 Memo.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-08-0348 Chair Sanchez: RE.9. Julie O. Bru (City Attorney): RE.9, Mr. Chairman, is also a resolution being brought to you by the City Attorney. This resolution seeks authorization for the transfer of an additional $169,692 out of the common fund to the Epic Systems Administrator. This is for printing, postage, and publication and other notice costs. This is related to the refund process in the fire fee settlement City ofMiami Page 108 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 case. When this Commission, back in July of last year, approved the settlement, we included as part of the common fund an amount of I think, $510,000 that was going to be used to administer the claims. At that time, we also authorized the Finance director to disburse $200 out of that $510, 000 for the administration of the notices and so forth and so on. However, at this time, the judge has calculated and approved an additional sum of money. We're coming to you so that that additional fund of money can be disbursed. I have here today Mr. Scott Cole, who is outside counsel who has been representing the City in this case. If you have any specific questions about this, he can address them. Commissioner Sarnoff I'll move it. Chair Sanchez: There's a -- Commissioner Gonzalez: Second. Chair Sanchez: -- motion. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: The motion is made by Commissioner Sarnoff, second by Commissioner Gonzalez. Any of the Commissioners have any questions? Regalado -- Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you. Scott, good afternoon. Scott Cole: Good afternoon, Commissioner. Commissioner Regalado: I guess we all know that this company made a mistake, and what they've done is that they have made the judge to push back the refund date. Mr. Cole: Yes, Commissioner. IfI could point out first, though, that this advance sum has nothing to do with the mistake. This is an advance sum that was required because initially all the parties agreed to five different publications in two newspapers. The judge, as he has the power to do so because he controls the administration of the settlement, made it six publications in six different newspapers. That's why the advance costs have increased. And again, this is just an advance. Typically, in a class action, you pay the attorneys' fees and administrator at the end of the class action, but in order to buy newspaper space and send out 150, 180, 000, whatever the number is, of notices, you have to have postage and publications. The mistake that you're addressing, Commissioner Regalado, has nothing to do with this advance. Commissioner Regalado: The -- but the mistake has pushed back, for a month or two, the refund. Mr. Cole: That is correct, sir. The final hearing was July 30; it's now September 9. Commissioner Regalado: So it's about two month. Mr. Cole: Yes, sir. Commissioner Regalado: The other thing is, has the judge decided how much money will the class attorneys get? Mr. Cole: No, sir. The -- we were going to have a hearing. That is also pushed back, Commissioner. We were going to have a preliminary hearing on that on June 23. That preliminary hearing date is now going to be July 22. At the final hearing date on September 9, City ofMiami Page 109 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 he will make the decision as to the attorneys' fees. Commissioner Regalado: And one last question. Scott, you have seen the forms, and the forms are okay, except that on the forms, there is no mention that you will probably not get what you have paid. Chair Sanchez: There is. Commissioner Regalado: Because the only number that the property owner gets is what you have paid. Chair Sanchez: There's language. Mr. Cole: It is in the notice, Commissioner. It's in both notices, both the notice in the paper and in the notice that's -- Commissioner Regalado: Right. Mr. Cole: -- mailed out. It does say in there it's highly unlikely that you will get what you paid. Commissioner Regalado: Right. But this is the questions that we are getting -- Mr. Cole: Right. Commissioner Regalado: -- in the office, many questions -- well, other than the bankruptcy thing, but -- so if the people were not to respond, that's it? They will not be asked to respond, so that's the final -- we need to understand that, as residents, this -- when we get the new envelope with the same forms, right? Mr. Cole: Yes, sir. Yes, Commissioner. Commissioner Regalado: And then that's it. You have to respond before September 2 of this year in order to be able to get the refund. Mr. Cole: Yeah. Actually, you have more time to respond now because -- Commissioner Regalado: Right. Mr. Cole: -- the dates have been changed. Commissioner Regalado: Right. So in the new form, there will be a new date to respond. Mr. Cole: Yes, sir. Commissioner Regalado: Okay. Thank you. Mr. Cole: I just want to add one other thing that -- about the mistake that you brought up, Commissioner Regalado, so it's clear to everybody that the judge and all the parties were very, very upset about that mistake, which was solely the responsibility of the administrator. The administrator is going to pay for that mistake. Not one penny will be charged against the people, the amount of their refund, and not one penny in increased costs -- Chair Sanchez: Well -- Mr. Cole: -- will be charged to the City. City ofMiami Page 110 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: -- the judge ordered the company to absorb the costs -- Mr. Cole: Absolutely. Chair Sanchez: -- of the re -mailing out. Mr. Cole: And the republication. Chair Sanchez: Butl think it's important to say that we didn't select that company. Okay. We're just on the hook to pay them. The company that the mail -out -- we didn't select them. Mr. Cole: No, sir. The parties all agreed on them and the court appointed them, correct. And I just want to make it clear, in response to Commissioner Regalado's question, the administrator will absorb the cost of their mistake, as they should. Chair Sanchez: All right. Any further discussion on RE.9? Mr. Cole: Mr. Spring brought up something -- brought something to my attention. I also want to make it clear that the second mailing will have all the same forms with the new dates. If you respond to the first mailing, if you respond to the second mailing, you're covered. Chair Sanchez: Okay. Mr. Cole: So you don't have to respond to both, but if you do respond to both, you're also covered as well. Chair Sanchez: All right. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.10 08-00684 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Office REIMBURSEMENT, IN A TOTAL AMOUNT NOT TO EXCEED $69,883.49, TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("CRA") FOR COSTS ASSOCIATED WITH UPDATING THE MASTER DEVELOPMENT ORDER; FUNDS TO BE ALLOCATED FROM DEPARTMENT OF PLANNING "AIDS TO GOVERNMENT AGENCIES," ACCOUNT CODE NO. 10400.351000.881000.0000.00000 TO SEOPW "OTHER -OTHER NONOPERATING SOURCES," ACCOUNT CODE NO. 10050.920101.489900.0000.00000. 08-00684 Legislation.pdf 08-00684 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0349 City ofMiami Page 111 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Larry Spring: Commissioners, Larry Spring, chief financial officer. RE.10 is a resolution requesting reimbursement to the CRA (Community Redevelopment Agency) for the cost of the master development order that was requested by our Planning Department. It is -- it's pursuant to -- Vice Chair Spence -Jones: (INAUDIBLE) expansion study, right? Mr. Spring: For -- exactly -- the update to the plan. We -- this is also pursuant to a CRA resolution that was already passed requesting reimbursement. It is budgeted for; the money's there, and we're just bringing this for permission to reimburse the CRA. Chair Sanchez: All right. Vice Chair Spence -Jones: So move. Chair Sanchez: Is there a motion? Motion is -- Commissioner Gonzalez: I'll move it. Chair Sanchez: -- made by the Vice Chair, second by Commissioner Gonzalez. The resolution that we're discussing is RE.10. The item is under discussion. Hearing no discussion on the resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" RE.10, Madam Attorney, was approved -- I mean, Madam Clerk -- 5/0. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 08-00628 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Juana Amada Vargas Commissioner Angel Gonzalez 08-00628 memo.pdf 08-00628 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-08-0352 Chair Sanchez: All right. Boards and appointments [sic]. City ofMiami Page 112 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Priscilla A. Thompson (City Clerk): Begin -- Chair Sanchez: Boards and appointments [sic], BC.1. Ms. Thompson: -- beginning with BC.1, you have your Arts and Entertainment Council. Commissioner Regalado does have an appointment. I'm sorry. Chair Sanchez: No. Ms. Thompson: Commissioner Gonzalez. Chair Sanchez: Commissioner Gonzalez and Commissioner Marc Sarnoff, and then the Mayor. Commissioner Gonzalez: I will reappoint Dr. Juana Vargas. Chair Sanchez: All right. Ms. Thompson: Thank you. Chair Sanchez: Commissioner Sarnoff? Commissioner Sarnoff I'm going to delay [sic] mine. Chair Sanchez: Defer. Commissioner Sarnoff Defer, sorry. Chair Sanchez: All right. Anyone else? Does the Mayor -- did the Mayor proffer any names, Madam Clerk? Ms. Thompson: No, he did not. Chair Sanchez: All right. Need a motion to approve Commissioner Gonzalez nominee. Commissioner Regalado: Move it. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion is carried to appoint the individual proffered by Commissioner Gonzalez. That's action taken on BC.1. BC.2 08-00315 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 113 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Joe Sanchez 08-00315 memo 7-10-08.pdf 08-00315 members 7-10-08.pdf CONTINUED Chair Sanchez: BC.2. BC.2 is a resolution, Audit Advisory Committee. I will defer my appointment, and I'm the only one that has an appointment there, correct? Priscilla A. Thompson (City Clerk): Correct. BC.3 08-00474 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff 08-00474 memo 7-10-08.pdf 08-00474 members 7-10-08.pdf CONTINUED Chair Sanchez: All right. BC.3. BC.3 is a resolution, and that's the Coconut Grove BIC (Business Improvement Committee) Improvement Committee. Commissioner Sarnoff Defer. Chair Sanchez: All right. Commissioner Sarnoff defer his appointment. BC.4 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. APPOINTEES: 08-00317 memo 7-10-08.pdf 08-00317 members 7-10-08.pdf NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones City ofMiami Page 114 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 BC.5 08-00318 Office of the City Clerk CONTINUED Chair Sanchez: And we move on to BC.4. BC.4 is the Community Technology Advisory Board, and I will defer my appointment. Vice Chair Spence -Jones: I will also defer mine. Chair Sanchez: All right. Both appointments, both by the Chair and by the Vice Chair, have been deferred. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00318 memo 7-10-08.pdf 08-00318 members 7-10-08.pdf CONTINUED NOMINATED BY: Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Chair Sanchez: BC.5. BC.5 is the Health and Facility [sic] Authority Board. Commissioner Gonzalez and Commissioner Sarnoff both have appointments. Commissioner Gonzalez: I have a question. Members of this board has to be a City resident? Priscilla A. Thompson (City Clerk): Yes, sir. Commissioner Gonzalez: All right. I have to defer mine. I had a doctor in mind, but he's not a City resident. Commissioner Sarnoff I will defer mine as well. Chair Sanchez: All right. For the record, BC.5, both appointments have been deferred. BC.6 08-00631 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Colin Carby Vice Chair Michelle Spence -Jones 08-00631 memo.pdf 08-00631 members.pdf City ofMiami Page 115 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones BC.7 08-00623 Office of the City Clerk R-08-0351 Chair Sanchez: And we go to BC.6. BC.6 is Miami Sports and Exhibition Authority. Vice Chair Spence -Jones, you're recognized for an appointment. Vice Chair Spence -Jones: I think -- if I'm not mistaken, Madam Chair [sic], the last -- Chair Sanchez: That was done already? Vice Chair Spence -Jones: I think I did it, but I have to redo it again, correct? Priscilla A. Thompson (City Clerk): No -- yes. You did appoint Mr. Colin Carby. At the time, he did not meet the elector requirement. Since that time, I can tell you that we have received information that he is an elector, but you would have to go through that whole process again because at the time he was not an elector. Vice Chair Spence -Jones: Okay. So I have to go -- so does that mean I can do it now then? I can do it now. Ms. Thompson: Yes, of course. Vice Chair Spence -Jones: Okay. All right. I'd like to nominate Colin Carby. Commissioner Gonzalez: Second. Chair Sanchez: Okay. There's a motion, second. Discussion. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right. BC (Boards and Committees) the name that was proffered, Madam Clerk, was approved, 5/0. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Manoucheka Thermitus Sean Paul Melito Raul Martinez NOMINATED BY: Vice Chair Michelle Spence -Jones City Manager Pedro G. Hernandez City Manager Pedro G. Hernandez City ofMiami Page 116 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 08-00623 memo.pdf 08-00623 members.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-08-0353 Chair Sanchez: All right. BC.7. BC. 7 is a resolution, and that is for the Parks and Recreation Advisory Board. Commissioner Gonzalez: I will defer mine. I will have someone for the next meeting. Vice Chair Spence -Jones: I don't think you -- Chair Sanchez: All right. Vice Chair Spence -Jones: Yeah. Chair Sanchez: I am deferring mine, too. Commissioner -- Vice Chair Spence -Jones: Spence Jones. Chair Sanchez: -- Spence -Jones -- Vice Chair Spence -Jones. Vice Chair Spence -Jones: Yes. I'd like to nominate Manoucheka -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: -- Thermitus. I never say her last name well. Manoucheka -- You want me to spell it for you? -- Ther -- Priscilla A. Thompson (City Clerk): Please. We would appreciate it. Vice Chair Spence -Jones: T -- no problem. Spell her first name, too? Ms. Thompson: Both, please. Vice Chair Spence -Jones: Okay. MA NO U C H E K A, Manoucheka. Theriminus [sic], Ms. Thompson: Thank you. Vice Chair Spence -Jones: And then the second person I'm elect -- I'm nominating is Emanuel -- Ms. Thompson: I'm sorry. Vice Chair Spence -Jones: -- the second person that I'm nom -- Ms. Thompson: I'm sorry. Vice Chair Spence -Jones: I have two, don't I? City ofMiami Page 117 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff Only one. Ms. Thompson: One. Vice Chair Spence -Jones: Oh, I was told that I had two. Okay. Ms. Thompson: And one of the requirements is that individual must reside in District 5. Vice Chair Spence -Jones: She does. Ms. Thompson: Thank you. Chair Sanchez: Okay. Pedro G. Hernandez (City Manager): Mr. Chair. Chair Sanchez: Yes. Mr. Hernandez: On -- this is BC.7, I have two appointments. Chair Sanchez: I see you have two appointees. Mr. Hernandez: Yes. May I? Chair Sanchez: Sure. Mr. Hernandez: The two appointments are under the category of two City resident, community activist, or representatives from City neighborhood community organizations. Number one would be Sean Paul Melito. That's S-E A-NP A-U-L, Sean Paul; and the last name is M-E-L I-T-O. And the second one is Raul Martinez -- Commissioner Gonzalez: I'll move the -- Mr. Hernandez: -- from ASPIRA. Commissioner Gonzalez: -- Manager's proffers. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez for the names that have been proffered. Need a second. Vice Chair Spence -Jones: Second. Mr. Hernandez: No. This is Raul Martinez from ASPIRA. Chair Sanchez: Okay. All right. Now that we have that cleared, 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.8 08-00619 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 118 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 APPOINTEE: NOMINATED BY: Commissioner Marc David Sarnoff Commission -at -Large 08-00619 memo.pdf 08-0061 9-Letter. pdf 08-00619-Resume-Hank Klein.pdf 08-00619-PAC Articles of Incorporation.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-08-0354 Chair Sanchez: BC.8. Vice Chair Spence -Jones: Mr. Chairman -- yes, Mr. Chairman, I've current -- I'm currently the Trust member that sits on the Performing Arts Center, andl have not been able to really participate in those meetings, and I do recognize that it is in Commissioner Sarnoffs district, so I'd like to nominate Commissioner Marc Sarnoff to sit in that seat if -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- he's okay with that. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: As long as we're able to -- Chair Sanchez: There's a motion. The motion is made by the Vice Chair, second is made by Commissioner Gonzalez to appoint Commissioner Marc Sarnoff as the sitting member of the Performing Arts Center's [sic] Trust, representing the City ofMiami. Yes, ma'am. Priscilla A. Thompson (City Clerk): Before you vote, just to make sure that you all are all clear, your vacancy actually is for the seat held by Ms. Carole Ann Taylor. Chair Sanchez: Oh. Not yours? Vice Chair Spence -Jones: No, that's not mine. Chair Sanchez: All right. Vice Chair Spence -Jones: But this is mine -- I know that she wants to remain, but can I, at this -- Ms. Thompson: She cannot remain because of her length of time sitting there on the Trust. The Trust limits their ability to be reappointed. She would have to come offfor a term, and then she can go back, but she cannot be reappointed at this point in time per the Trust bylaws, which were included in your packets. Chair Sanchez: Okay. 'Cause we have two appointments there -- three. Ms. Thompson: You actually have three. Right now you have sitting Carole Ann Taylor, Mr. City ofMiami Page 119 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Ricky Arriola, and Vice Chair Spence Jones. Chair Sanchez: All right. So what is your suggestion, Madam Clerk? Vice Chair Spence -Jones: Can I resign off -- I mean, can I resign at this meeting so I -- and then appoint --? Chair Sanchez: Maybe you could resign at the next meeting and therefore it opens up a spot, and therefore, at the next time, we could -- Vice Chair Spence -Jones: Madam Clerk, can you answer the question? Can I resign from this at this meeting? Ms. Thompson: The manner in which the Chair has proffered would be the most efficient thing to do simply because we would need to let the Trust know that you would wish to -- Vice Chair Spence -Jones: Okay. Ms. Thompson: -- and give them an opportunity because they have to suggest the name to you for your appointment. Vice Chair Spence -Jones: Okay. Can I -- but I can resign at this particular meeting? Ms. Thompson: Yes. Vice Chair Spence -Jones: So I am officially resigning. Chair Sanchez: All right. And therefore, you're going to write a letter -- send a letter -- Vice Chair Spence -Jones: Thank you, sir. I got it. Chair Sanchez: -- turning in your resignation, and then at the next time that this comes around, we'll make a proper appointment. Okay. So we go to BC (Boards and Committees) -- Ms. Thompson: No, no. You need to -- Commissioner Regalado: We need to vote -- Ms. Thompson: -- tell me -- Commissioner Regalado: -- on him. Ms. Thompson: Wait a -- Commissioner Regalado: We need to vote on Sarnoff. Chair Sanchez: Hold on, Commissioner. Madam Clerk. Commissioner Regalado: Okay. Ms. Thompson: Simply -- my question is simply, who would be the name that you're proffering - -? Okay, so -- and replacing Carole Ann Taylor, it would be Commissioner Sarnoff? Commissioner Regalado: Right. City ofMiami Page 120 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: All right. Commissioner Regalado: Yeah. That's what I said. Chair Sanchez: Okay. Well -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- if that could be done, I mean, it's okay with me. All right. Commissioner Gonzalez: All right. Let's vote on -- Chair Sanchez: So there's a motion and a second. Commissioner Gonzalez: -- Commissioner Sarnoff. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.9 08-00625 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Guillermo A. Revuelta Commissioner Angel Gonzalez Tamara Gort Commissioner Angel Gonzalez 08-00625 memo.pdf 08-00625 members.pdf Planning Advisory Board Application.pdf 08-00625-Applications.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0355 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Guillermo Revuelta as a member of the Planning Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Guillermo Revuelta as a member of the Planning Advisory Board. Chair Sanchez: All right. BC.9. BC.9 is the Planning Advisory Board. City ofMiami Page 121 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: I'll reappoint Guillermo Revuelta and Tamara Gort. Chair Sanchez: Okay. Commissioner Regalado: Second. Chair Sanchez: Commissioner Gonzalez has proffered two names; they have been second by Commissioner Regalado. They do not need waivers? Priscilla A. Thompson (City Clerk): Yes, we do. Mr. Revuelta needs a five five waiver. He's been serving since June of 2000. Commissioner Gonzalez: With all the waivers. Ms. Thompson: Thank you. Chair Sanchez: Okay. And there're five Commissioners to vote, so the motion is made with all the waivers. Commissioner -- Vice Chair Spence -Jones, you have an appointment. Vice Chair Spence -Jones: I'd like to defer my appointment, please. Chair Sanchez: All right. So we're voting on the two names that have been proffered by Commissioner Gonzalez with all the waivers. Need a motion and a second. Motion is made by Commissioner Gonzalez, second by -- Commissioner Sarnoff Second. Chair Sanchez: -- Commissioner Sarnoff. No discussion on the item. All -- with all the waivers, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and those two names have been appointed to BC (Boards and Committees) -- Planning Advisory Board. BC.10 08-00471 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: Julio S. Diaz Commissioner Angel Gonzalez Robin Bosco Commissioner Angel Gonzalez 08-00471 memo 6-12-08.pdf 08-00471 members 6-12-08.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 122 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0356 A motion was made by Commissioner Gonzalez,seconded by Commissioner Regalado, and was passed unanimously, to appoint Julio S. Diaz and Robin Bosco as members of the Urban Development Review Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Julio S. Diaz and Robin Bosco as members of the Urban Development Review Board; and further waiving the term limits of Section 2-885(b) by a unanimous five/fifths (5/5ths) vote of the members of the City Commission, as it relates to Julio S. Diaz and Robin Bosco as members of the Urban Development Review Board. Chair Sanchez: BC.10, it's a resolution. BC.10, pertaining to members of the Urban Development Review Board, the UDRB. Okay. Vice Chair Spence -Jones, you have an appointment -- you have two appointments. Commissioner Angel Gonzalez, you have two appointments, and then Commissioner Regalado, you have one appointment. Vice Chair defers both of her appointments. Commissioner Gonzalez. Commissioner Gonzalez: I do have a question for the City Clerk. It says here Julio Diaz has exceeded the number of allowed absences, four in 2007. Priscilla A. Thompson (City Clerk): That is correct. Commissioner Gonzalez: All right. I'm going to defer these appointments. We need -- I'll fry to get in touch with this gentleman and ask him if he wants to participate, fine; if not, I don't need him in the board if he's not going to participate. I mean -- Ms. Thompson: If just might, Commissioner. That shows for last year. Apparently, he is still within the requirements established by the Code for 2008, so you're dealing with last year's absences. Commissioner Gonzalez: Okay. But this year, so far, he's participating? Ms. Thompson: He has not exceeded the number of absences allowed this -- for this year. Commissioner Gonzalez: All right. I have another question. Let's say that I reappoint these two gentlemen, and let's say that they decide not to attend the meetings and they exceed the absences; can I remove them? Ms. Thompson: Yes, you can. You can either go ahead and ask the Commission to approve a four fifth waivers [sic] waiving those absences. If you don't want them to serve anymore, you just reappoint -- I'm sorry, you just appoint another individual. Commissioner Gonzalez: All right. I'm going to appoint them with -- reappoint them with that condition. Ms. Thompson: Okay, so you're re -- Commissioner Gonzalez: But I need to be notified if they don't -- if they exceed the absences. Ms. Thompson: So, Mr. Diaz, you are reappointing him and requesting the waiver then? Commissioner Gonzalez: Yes, ma'am. City ofMiami Page 123 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Ms. Thompson: And then he will also need a five five waiver because he's been serving since May of 2002. Commissioner Gonzalez: All right, with all the waivers. Chair Sanchez: All right. There's a motion with the two names that have been proffered by Commissioner Gonzalez with all the waivers. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. 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." Madam Clerk, with all the waivers, they've been approved. BC.10 has been voted on. Ms. Thompson: I'm -- no. Mr. -- Commissioner Regalado: I'll defer mine. Ms. Thompson: Oh, thank you. Chair Sanchez: Okay. BC.11 08-00624 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Manuel Prieguez Commissioner Angel Gonzalez 08-00624 memo.pdf 08-00624 members.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-08-0357 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Manuel Prieguez, as a member of the Waterfront Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5) vote of the members of the full City Commission, as it relates to past absences on record for Manuel Prieguez as a member of the Waterfront Advisory Board. Chair Sanchez: BC.11. BC.11 is appointment to [sic] certain individuals as members of the City ofMiami Page 124 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Waterfront Advisory Board. Vice Chair Spence -Jones, you have an appointment. Commissioner Angel Gonzalez, you have an appointment, and the Mayor also has an appointment. Vice Chair Spence -Jones: (INAUDIBLE). Chair Sanchez: All right. Commissioner Gonzalez. Commissioner Gonzalez: Okay. I will reappoint Manny Prieguez -- Chair Sanchez: Okay. Commissioner Gonzalez: -- with the waivers. Chair Sanchez: What waivers does he need? Priscilla A. Thompson (City Clerk): He needs the -- Commissioner Gonzalez: The four fifth. Ms. Thompson: -- attendance waiver, four -fifths. Chair Sanchez: All right. Does -- did the Mayor proffer any names? Ms. Thompson: No, he did not. Chair Sanchez: All right. Have a motion and a second with the waivers for Manny Prieguez. Ms. Thompson: I'm sorry. I didn't hear your seconder. Commissioner Regalado: Second. Ms. Thompson: Thank you. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Commissioner Regalado, with waivers. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." We just took action on BC.11, and one name was proffered with waivers and approved, 5/0. BC.12 08-00626 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Commissioner Angel Gonzalez City ofMiami Page 125 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Angel Gonzalez 08-00626 memo 7-10-08.pdf 08-00626 members 7-10-08 pdf.pdf 08-00626-Applications.pdf CONTINUED Chair Sanchez: BC.12. BC.12, Zoning Board. Commissioner Gonzalez, you have two appointments. Commissioner Gonzalez: Yeah. I will reappoint Miguel Gabela, andl believe Jorge Luis Lopez resigned, but whoever is going to -- whoever I'm going to appoint on this board needs to apply, right? Priscilla A. Thompson (City Clerk): That is correct. And -- Commissioner Gonzalez: Okay. Ms. Thompson: -- I'm sorry. I have not received that resignation letter, so -- Commissioner Gonzalez: All right. So I have to defer one but reappoint -- no. I'm going to defer both. Chair Sanchez: Okay. Commissioner Gonzalez: I'm going to defer both. Chair Sanchez: Who -- Madam Clerk, the -- Ms. Thompson: Yes. Chair Sanchez: -- both -- the Commissioner has deferred both. Who has applied? Ms. Thompson: Applications were received from Mr. Hazem Monem, Frank Rollason, and for this board, Carlos Morales. Chair Sanchez: All right. And the two appointments -- okay. All right. Okay, takes care of that. So no action was taken on BC.12. BC.13 08-00627 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Marc David Sarnoff of the Bayfront Park Management Trust Chair Joe Sanchez of the Downtown Development Authority City ofMiami Page 126 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Marc David Sarnoff of the Midtown Community Redevelopment Agency Vice Chair Michelle Spence -Jones of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies Vice Chair Michelle Spence -Jones of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: Commissioner Angel Gonzalez of the Mayor's International Council Commissioner Angel Gonzalez of the Midtown Community Redevelopment Agency Commissioner Marc David Sarnoff of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies Commissioner Tomas Regalado of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: Commissioner Tomas Regalado of the Miami -Dade County League of Cities Commissioner Marc David Sarnoff of the Florida League of Cities Commissioner Marc David Sarnoff of the Greater Miami Convention and Visitors Bureau Commissioner Marc David Sarnoff of the Metropolitan Planning Organization (MPO) Chair Joe Sanchez of the Miami River Commission Vice Chair Michelle Spence -Jones of the Miami -Dade County Tourist Development Council 08-00627 Memo.pdf 08-00627 History Elected Officials.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 City ofMiami Page 127 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 R-08-0359 A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to appoint Commissioner Sarnoff as chairperson of the Bayfront Park Management Trust. A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Gonzalez as vice chairperson of the Mayor's International Council. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Vice Chair Sanchez as chairperson of the Downtown Development Authority. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Vice Chair Spence -Jones as a member of the Miami -Dade County Tourist Development Council. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Vice Chair Spence -Jones as chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Sarnoff as chairperson of the Midtown Community Redevelopment Agency. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Regalado as a member of the Miami -Dade County League of Cities. A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to appoint Commissioner Regalado as vice chairperson of the Miami Sports and Exhibition Authority. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Sarnoff as vice chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Chairman Sanchez as a member of the Miami River Commission. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Sarnoff as a member of the Metropolitan Planning Organization. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Commissioner Sarnoff as a member of the Greater Miami Convention and Visitors Bureau. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Commissioner Gonzalez as vice chairperson of the Midtown Community Redevelopment Agency. A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Vice Chair Spence -Jones as chairperson of the Commercial City ofMiami Page 128 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Solid Waste Management Advisory Committee. A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Sarnoff as a member of the Florida League of Cities. Chair Sanchez: We go to BC.13, and that's the appointments for the Commissioners who sit on boards. Okay. Vice Chair Spence -Jones: For Bayfront Park Management Trust, I nominate -- Chair Sanchez: All right. Hold on. Bayfront Park -- let me just -- ifI could just pass the gavel. I have sat on the Bayfront Park now for about six years, if I'm not mistaken, five years. It's been so long I can't even remember, but I'm sitting on a lot of boards, and I'm going to be giving up some of the boards that I have. I, right now -- not only do I have the burden on being the Chair of this Commission, which isn't easy, I'll tell you that much, I also sit at the DDA (Downtown Development Authority); I also sit at the Bayfront Park; I'm a member of the CRA (Community Redevelopment Agency). I also sit at the Sports and Exhibition. I sit on the Mayor's Green Commission, the Mayor's International Council, and the Miami River Commission, and I think it's time now for me to start focusing more time at the DDA, which basically we've gone through a transition and now we're on track with the right board, the right mission, the right plan of action, and therefore, I would be giving up the Bayfront Park, which I will nominate Commissioner Marc Sarnoff to take over the Bayfront Park. Commissioner Gonzalez: I'll second that. Chair Sanchez: Okay. There's a motion. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second. The motion is second by the Chair [sic]. Motion was made by Commissioner Gonzalez, second by the Chair [sic] to appoint Commissioner Marc Sarnoff to chair the Bayfront Park Trust. Any further discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Sarnoff Thank you. Chair Sanchez: Also, I would -- ifI could just finish. Commissioner Sarnoff I was just saying thank you. Chair Sanchez: The Mayor's International Council, I'm also going to be giving that up, and I would nominate Commissioner Gonzalez for that, ifI -- Commissioner Regalado: Second. Chair Sanchez: Need a motion. Commissioner Regalado: I move that Commissioner Angel Gonzalez be -- Commissioner Sarnoff Second. City ofMiami Page 129 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: -- appointed as vice chair of the Mayor's International Council. Chair Sanchez: Okay. There's a motion by Commissioner Regalado, second -- Commissioner Gonzalez: Thank you. Chair Sanchez: -- by Commissioner Sarnoff. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And therefore, those are the appointments that I would proffer and yield to any other appointments my colleagues may have. I do have interest to stay at the DDA. I do have the -- Vice Chair Spence -Jones: I'd like to nominate the Chairman, Chairman Sanchez, for the DDA. Chair Sanchez: All right. There's a motion to appoint -- Commissioner Regalado: Second. Chair Sanchez: -- the Chair to continue at the DDA, second by Commissioner Regalado. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Okay. That leaves us with -- Commissioner Gonzalez: I would like to nominate Commissioner Spence -Jones for the Tourist Development Council. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez to appoint the Vice Chair to the Tourist Council. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Okay. Second is made by Commissioner Regalado. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Gonzalez: I would also like to appoint Commissioner Spence -- I mean, proffer Commissioner Spence -Jones name for the CRA (Community Redevelopment Agency) chair. Chair Sanchez: All right. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner -- Madam Clerk. Priscilla A. Thompson (City Clerk): May I have a clarification? Is it Southeast Overtown/Park West or is it Midtown? I just need to know which is it. City ofMiami Page 130 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: Overtown. Ms. Thompson: Okay. Thank you. Commissioner Gonzalez: And Omni. Ms. Thompson: Thank you. Chair Sanchez: Okay. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Vice Chair Spence -Jones: I'd like to nominate -- I'm sorry. Do you have any others that you have to have? Chair Sanchez: No. You're -- Commissioner Gonzalez: No. Chair Sanchez: Commercial Solid Waste, you're going to stay there, correct? Vice Chair Spence -Jones: Well, actually, I would like to give up my Midtown Community Redevelopment Agency. Since it actually falls within Marc Sarnoffs district -- Chair Sanchez: My plate is full. Commissioner Sarnoff I'll take it. Vice Chair Spence -Jones: -- I'd like to nominate Marc Sarnofffor that. Chair Sanchez: Okay. There is a nomination -- Commissioner Regalado: Second. Chair Sanchez: -- for Commissioner Sarnoff, and second by Commissioner Regalado. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Vice Chair Spence -Jones: I just -- I'm sorry, Mr. Chairman. I have -- Chair Sanchez: Yes. Vice Chair Spence -Jones: -- a question. I know that I'm sitting on one of these leagues, but I'm not really sure which one. Is it Miami -Dade or Florida League of Cities? Chair Sanchez: No. Florida League of Cities is Commissioner Sarnoff; you're Dade League of Cities. Ms. Thompson: Correct. City ofMiami Page 131 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: Yes. Vice Chair Spence -Jones: Commissioner Sarnoff have you gone to any of those Florida Leagues of Cities? Commissioner Sarnoff Two. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: I would like to -- 'cause I have not been able to participate in those meetings, I would like to nominate Commissioner Regalado for Miami -Dade League of Cities, if you'd be willing to sit on it. Chair Sanchez: Okay. Commissioner Regalado: Me? Chair Sanchez: There's a motion. Need a second. Commissioner Gonzalez: Second. Commissioner Sarnoff I'll second. Commissioner Gonzalez: Second. Chair Sanchez: All right. There's a motion and a second. The motion is made by Vice Chair Spence -Jones, second by Sarnoff. Commissioner Gonzalez: I would also like to -- if -- Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Gonzalez: You allow me? Chair Sanchez: Yes. Commissioner Gonzalez: I would like to proffer Commissioner Regalado's name as the -- to continue to be the vice chair of the Miami Sport [sic] and Exhibition Authority. Chair Sanchez: Okay. The motion is made by Commissioner Gonzalez. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. 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 132 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Vice Chair Spence -Jones: I'd like to, Mr. Chairman, also nominate -- renominate Commissioner Sarnoff as the vice chair of Southeast Overtown/Park West and the Omni Community -- CRA (Community Redevelopment Agency). Chair Sanchez: Okay. Motion is -- Commissioner Regalado: Second. Chair Sanchez: -- made, second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Somebody needs to nominate me for the Miami River Commission. Vice Chair Spence -Jones: I'd like to nominate Commissioner Sarnofffor the Miami River Commission. Chair Sanchez: No. Commissioner Sanchez for -- Vice Chair Spence -Jones: Sanchez, I'm sorry. Commissioner Gonzalez: Sanchez. Second. Chair Sanchez: All right. Vice Chair Spence -Jones: Starts with an "S. " Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez. Discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Vice Chair Spence -Jones: I'd like to also renominate Commissioner Sarnofffor the MPO (Metropolitan Planning Organization). Chair Sanchez: All right. Second? Commissioner Sarnoff I -- let me just say something. They sit the exact same time that we sit as Commission. Vice Chair Spence -Jones: But you've been doing such a great job with it. Commissioner Sarnoff I have. By not being there, I've done a great job. (UNINTELLIGIBLE). Chair Sanchez: All right. Need a second for the MPO. Commissioner Regalado seconds the appointment. Commissioner Gonzalez: Sec -- I'll second it. Chair Sanchez: All right. No discussion. All in favor, say "aye." City ofMiami Page 133 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 The Commission (Collectively): Aye. Chair Sanchez: Okay. That takes care of that. Does the Mayor's Green Commission -- do we need to vote on that? Ms. Thompson: The Mayor's Green Commission? Chair Sanchez: Yes. Ms. Thompson: No. Chair Sanchez: No. Commissioner Gonzalez: It's not here. Ms. Thompson: But we -- Chair Sanchez: No, no. Vice Chair Spence -Jones: City of -- the Greater Miami Conventions Bureau, I know that I sit on that. I -- Chair Sanchez: Are they [sic] any other appointments? Vice Chair Spence -Jones: Yes, Greater Miami Convention and Visitors Bureau. I'll sit on it as a member again. I mean, if someone will nominate -- Commissioner Regalado: I'll move that Vice Chair Spence -Jones will be the City's representative of the Greater Miami Conventions [sic] and Visitors Bureau. Commissioner Sarnoff Do you want to sit on that, Commissioner? Commissioner Gonzalez: I'll second. Commissioner Sarnoff If you don't, I'd be willing to. Chair Sanchez: Well -- which one? Vice Chair Spence -Jones: You can have it. Commissioner Sarnoff On GMCVB (Greater Miami Convention and Visitors Bureau). Vice Chair Spence -Jones: I nominate Commissioner Sar --Marc -- Ms. Thompson: I'm sorry. Commissioner Regalado: Okay. Chair Sanchez: Guys? Commissioner Regalado: I withdraw the -- Vice Chair Spence -Jones: Okay. City ofMiami Page 134 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. Commissioner Sarnoff, there's a motion to appoint you by the Vice Chair, second by Commissioner Gonzalez. Ms. Thompson: Which board are we dealing with now? Commissioner Sarnoff GMCVB. Chair Sanchez: GMCVB. Ms. Thompson: I'm sorry? Commissioner Sarnoff Greater Mi -- Chair Sanchez: Greater Miami -- Commissioner Sarnoff -- GMCVB. Ms. Thompson: Okay, so we have a motion now for Commissioner Sarnoff -- I'm sorry. The maker of the motion was? Commissioner Sarnoff Spence Jones. Ms. Thompson: Thank you. Chair Sanchez: Second by Commissioner Gonzalez. Ms. Thompson: Thank you. Chair Sanchez: No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Glad to see that Commissioner Sarnoff is going to have his plate full with all these boards. Vice Chair Spence -Jones: We have one more that we need the vice chair for Midtown Community Redevelopment Agency, since Sarnoff -- Chair Sanchez: I -- why don't we proffer vice chair, Commissioner Gonzalez. It abuts his district. Commissioner Gonzalez: What's that? Chair Sanchez: The -- Vice Chair Spence -Jones: Midtown CRA. Chair Sanchez: -- Midtown -- it only meets twice a year. Commissioner Sarnoff We meet all the time. We go to very expensive dinners. Chair Sanchez: No, you don't. Commissioner Sarnoff I'm teasing. City ofMiami Page 135 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Vice Chair Spence -Jones: No, they don't. Don't say that. Chair Sanchez: They meet twice a year, if you're lucky. All right. There's a motion by the Vice Chair, second by Commissioner Sarnoff, and that's -- Commissioner Gonzalez: All right. Chair Sanchez: -- appointing Commissioner Gonzalez to the Midtown Community Redevelopment Agency. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes. Commissioner Gonzalez: I would like to -- I'm sorry. Chair Sanchez: I think that takes care of all the boards, doesn't it? Commissioner Gonzalez: No. I would like to proffer -- Ms. Thompson: No. There're two more. Commissioner Gonzalez: -- Commissioner Spence -Jones for the Solid Waste Advisory Board. Chair Sanchez: Need a second. Commissioner Sarnoff Second. Chair Sanchez: All right. The motion is made by Commissioner Gonzalez, second by Commissioner Sarnoff. 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." Vice Chair, you've been appointed to the Solid Waste Committee. Ms. Thompson: We still have one. Chair Sanchez: Which one? Ms. Thompson: The Florida League of Cities. Vice Chair Spence -Jones: Oh. Commissioner Sarnoff I thought got stuck with that. Chair Sanchez: You want that? Commissioner Sarnoff No. I'm not saying that, but -- Commissioner Gonzalez: I would like -- I would proffer Chairman Sanchez for the Florida League of Cities. Commissioner Sarnoff Good spot for him. City ofMiami Page 136 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: Second. Commissioner Sarnoff They meet at night; you'll like it. Chair Sanchez: I don't want it. I don't want it. I'm serious. My plate has been full for a couple of years heading all these boards, and believe me, I did that. I did that for about four years, then I passed it on for a year. I don't know what happened. Commissioner Gonzalez: All right. I'll -- Commissioner Sarnoff All right. I'll take it. Commissioner Gonzalez: -- withdraw my motion and I'll make another motion. Chair Sanchez: Okay. Commissioner Gonzalez: I proffer Commissioner Regalado. Commissioner Sarnoff There's a good one. Commissioner Regalado: No. Commissioner Gonzalez: You don't want it either? Commissioner Sarnoff Wait a minute. We're -- I'll take it. I'll be more than glad -- anybody -- Commissioner Gonzalez: All right, Commissioner Sarnoff -- wants to nominate my name, I'll take it. Commissioner Gonzalez: Withdraw my motion again. I will proffer Commissioner Sarnoff. Commissioner Sarnoff Thank you. Chair Sanchez: All right. Is there a second? Commissioner Sarnoff Thank you. I was -- Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez -- Commissioner Gonzalez: Finally, you know. Chair Sanchez: -- second by Commissioner Regalado, to appoint Commissioner Sarnoff to Florida League of Cities. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition -- all right. It passes unanimously. I've made it very clear I'm going to devote my time to this chair and the DDA. All right. Any other committees? Commissioner Gonzalez: That's it. Chair Sanchez: All right. It takes care of that. City ofMiami Page 137 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 END OF BOARDS AND COMMITTEES PART B PZ.1 08-00405zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) AMENDING PAGE NO. 42, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL WITH AN SD-12 BUFFER OVERLAY DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3671, 3673 AND 3675 SOUTHWEST 22ND TERRACE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00405zc Analysis.PDF 08-00405zc Zoning Map.pdf 08-00405zc Aerial Map.pdf 08-00405zc Application & Supporting Docs.PDF 08-00405zc ZB Reso.PDF 08-00405zc CC Legislation (Version 2).pdf 08-00405zc Exhibit A.pdf 08-00405zc CC FR Fact Sheet.pdf 08-00405zc CC SR Fact Sheet.pdf LOCATION: Approximately 3671, 3673 and 3675 SW 22nd Terrace [Commissioner Tomas Regalado - District 4] APPLICANT(S): Felix M. Lasarte, Esquire, on behalf of Coral Way Entrance, LLC FINDINGS: PLANNING DEPARTMENT: Recommended approval. ZONING BOARD: Recommended approval to City Commission on May 19, 2008 by a vote of 7-0. See companion File ID 08-00405xc. PURPOSE: This will change the above properties to R-2 Two -Family Residential with an SD-12 Buffer Overlay District. Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, 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 Direction made by Commissioner Regalado to the City Manager to conduct a traffic analysis for determining the possibility of converting 22nd Terrace into a westerly one-way street or close down said street altogether. Chair Sanchez: Let's take care of PZ.1, that way we'll get them out of here. PZ.1. All right, Madam Attorney, read the procedures for PZ (Planning & Zoning) into the record. Madam Clerk -- anyone testifying on PZ.1 or putting anything on the record, please check in with the City Clerk and also be sworn in. All right, this'll be the last item and then we'll recess. We'll be back at 2 o'clock, and then we'll finish the remaining of the City agenda. Yes. All those that'll be City ofMiami Page 138 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 testifying, could you please stand up and be sworn in. Priscilla A. Thompson (City Clerk): If you are testifying on the PZ item today, PZ.1, I need you to please stand and raise your right hand and re -- you need to respond to the question. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Chair Sanchez: All right. Could you read the --? Julie O. Bru (City Attorney): They're bringing it for -- Chair Sanchez: They're bringing it? Ms. Bru: Yes. Chair Sanchez: Okay. Go ahead and get your presentation ready. Mr. Applicant, how much time are you going to need? Felix Lasarte: Mr. Chairman, at most, five minutes. It shouldn't take -- Chair Sanchez: Okay. Mr. Lasarte: -- longer than that. Chair Sanchez: All right. Let's go ahead with the Administration. Roberto Lavernia (Chief of Land Development): Good morning. For the record, Roberto Lavernia, with the Planning Department. This is the addition of the SD-12 overlay district to the R-2 designation that they have on this. This is in order to have surface parking adjacent to the commercial area. The Planning Department -- this is going to be part of a project that is not going to be a Major Use. It will be a Class II Special Permit after they get the zoning. And the Planning Department is recommending approval of the request, and the Zoning Board recommended approval, 7/0. We will study the whole project as part of a Class II, including the traffic issues, so we are going to request that traffic study as part of the Class II Special Permit. Thank you. Commissioner Regalado: Mr. Chairman, iflmay. Chair Sanchez: All right. Hold on. Commissioner Regalado: Question to the Administration. Chair Sanchez: Commissioner, hold on just a minute. Since you -- do you have it now? If not, I'll go ahead and read it. Any person who acts as a lobbyist pursuant to the City ofMiami ordinance -- Ms. Bru: Mr. Chairman, we read those at the beginning of the meeting. There's just some specific language that concerns P&Z, and it's basically the procedure will be that the City will put on the record the item, then the applicant will have a chance to put on testimony and evidence as to the application; you will open it up for a public hearing, and then it'll come to this Commission for a vote. I did read into the record, at the beginning of the meeting, all the conditions for lobbyists and appeals and so forth and so on; so those already have been read City ofMiami Page 139 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 into the record. Chair Sanchez: All right. So we could -- based on the procedure, we're okay to move forward with the PZ item? Ms. Bru: Yes. Chair Sanchez: Okay. All right, that takes care of that. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I guess that this is -- what is in paper, it looks something difficult, but in reality, this is the -- one of the most well-known corners in the City ofMiami, and what Mr. Lavernia said, they're trying to do a parking on an R-2, but the thing is that in that area that they're trying to do, there has been a parking lot for the last 50 years, maybe more. I mean, I've been living in the Coral Way area since 1962, and I remember, first it was a liquor store, then it was like another Big Daddy's or whatever, then has been a Blockbuster for like 25 years. The thing is that no one was able to find that that parking was zoned for parking. That's the whole issue here, that no one found the paper or we didn't even know, or we don't know if that ever was zoned for parking. Is that basically what we're doing here? Mr. Lavernia: Yeah. Legally, we cannot prove that that parking was authorized in there. It has Commissioner Regalado: Yeah. Mr. Lavernia: -- been existing, but there's nothing that -- and the -- today Ordinance 11000 do not allow parking in R-2. Commissioner Regalado: No. I understand that. Mr. Lavernia: That's why they need -- Commissioner Regalado: But what I'm saying is that there is no, in practice, rezoning here; it's just legalizing a parking that has been a parking for the last 50 years. That's -- Mr. Lavernia: That's correct. Commissioner Regalado: Okay. Mr. Lavernia: And also, with the conditions that the ordinance impose to that type of parking -- Commissioner Regalado: I understand that -- Mr. Lavernia: -- lot today. Commissioner Regalado: -- but I'm just trying to -- because when I saw this in the agenda, I was trying to understand it. I went by there, and then I got the briefing, and now I understand what this is all about. A parking is a parking is a parking. That's all that there is to it. Chair Sanchez: Counsel, your presentation. Mr. Lasarte: Mr. Chairman, good morning. Felix Lasarte, 5835 Blue Lagoon Drive. This is in Commissioner Regalado's district. In fact, the Commissioner basically made my presentation in a sense. This is the properties where the Blockbuster Video is located. It's on Coral Way and 37th Avenue. We are consistent with the Miami Neighborhood Plan. We are going to comply City ofMiami Page 140 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 with all the conditions set forth in Section 612 ofyour Code with respects to landscaping and buffering and setbacks for this parking area. As far as we could tell, when we've looked at the aerials and from records, this has been used as a parking lot probably since the early 1970s. I have actually photos of other properties along this block, which are currently used for parking, along the same block face. We would go ahead and comply. It would only be surface parking for a proposed building. If there are any other questions, I'm here to answer them. Chair Sanchez: All right. Is there a motion? Commissioner Regalado: I move to approve on first reading this ordinance, PZ.1. Chair Sanchez: There is a motion by Commissioner Regalado, second by Vice Chair Spence -Jones, and the purpose this would change the above property to R-2 two-family residential with an SD-12 buffer overlay district. Any further discussion? Anyone from the public wishing to address this item, please come forward and be recognized. The public hearing is opened and closed, coming back to the Commission. Any discussion on the item? If not, on first reading, it's an ordinance. Please read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4/0. Commissioner Regalado: And Mr. Chairman, before we finish with this. Mr. Manager, one of the problems that we have on Coral Way and 37th Avenue and on Coral Way and 22nd Terrace is that the City of Coral Gables has Andalusia, which is a four -lane sfreet, one way. Everything comes through that lane. Everyone who's leaving the parking lot, the municipal parking lot, everyone who wants to avoid Coral Way goes into Andalusia and fries to enter the City ofMiami on 22nd Terrace, which is a two-lane, two-way sfreet. This is what creates a bottleneck. It is important to study, for the sake of the new project that it was approved already on the Rex Art property, and for this project and for the flow of traffic in Coral Way and 37, we need to explore the possibility of either frying to get 22nd Terrace one way west or just simply close down 22nd Terrace. Because if we don't -- if we continue to have 22nd Terrace as a two-way, two lanes, with four lanes trying to get into one lane, this is why we have this gridlock in Coral Way and 37th, and there is -- and traffic cannot flow because we have cars and buses blocking 37th Avenue all the time. So I think that now that we're discussing this property -- and thank God we're going to have something that blocks pawn shop -- I think that we need to address 22nd Terrace, and it is important that we do this parallel to what we are doing here because what we're trying is to enhance the entrance to the City ofMiami. So the Transportation Office, please. Pedro G. Hernandez (City Manager): Commissioner, we'll be more than glad to do an analysis; it's something that you and I discussed. And yes, I agree that all those lanes going eastbound on Andalusia and actually dumping on 37th Avenue with some cars going through, it is a problem, and the cars that are going through eastbound are actually intruding into a residential neighborhood, so I think that's part of the traffic study that this developer will be conducting. Well be also analyzing the traffic conditions at that intersection and we'll talk to the County about it. City ofMiami Page 141 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: Thank you. That's it. Chair Sanchez: All right. City ofMiami Commission meeting stands in recess. We will be back at 2 o'clock and go through the remaining of the agenda. So City ofMiami Commission meeting stands in recess. City ofMiami Page 142 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00633 DISCUSSION ITEM DISCUSSION CONCERNING MIAMI-DADE COUNTY'S PLAN TO CREATE A NEW CRA WITHIN THE CITY OF MIAMI. 08-00633 Memo.pdf DISCUSSED Vice Chair Spence -Jones: Madam Clerk, we're going to go head [sic] and convene the meeting. If someone could let Commissioner Sarnoff know that we're going to start, and we're going to start with Commissioner Regalado's blue pages. Commissioner Regalado: Thank you. Thank you very much, Madam Chair. Vice Chair Spence -Jones: Yes. Commissioner Regalado: I do have three items, one that was -- Vice Chair Spence -Jones: It's a lot of noise in the Chambers. Please, the Commissioner is speaking. Commissioner Regalado: The first item is just a heads -up to the City Commission and it is important that we know and it's important that you're here, being the chair of the CRA City ofMiami Page 143 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 (Community Redevelopment Agency), because last June 4, the County Commission approved a study to create a new CRA without -- within the City limits, and this CRA will be called Civic Center CRA, in Commissioner Gonzalez disfrict. The reason that I know about or knew about this several weeks ago is because I have been following the Jackson Memorial Trust Board. I'm interested in what they do and their projections and their deficit and their budget because this is the only public hospital in Miami -Dade County, and it does have issues and problems. So this resolution that was approved by the committee and by the BBC [sic] is interesting because I asked the Manager and the City was not consulted. And this proposal to create a CRA will have a very large boundary, which will encompass a great part of the City ofMiami, on your district and Commissioner Gonzalez district. It will be bounded by I-95 on the east, Northwest 22nd Avenue on the west, State Road 836 and the Miami River on the south, Northwest 28th Street on the north. It would be called the proposed Civic Center Community Redevelopment Area. And the purpose of this motion that was approved is to examine whether tax increment revenues generated in the proposed Civic Center Community Redevelopment Area may be used as a funding source for the expansion of healthcare services provide by Jackson Memorial Hospital to the community and incorporate a charrette of the proposed Civic Center Community Redevelopment Area. The resolution was approved by the whole board, 13 members of the Commission, and it was on June 4. Now -- the 3rd of June, excuse me. So it is interesting because every CRA is important, is interesting, but my question is was the Administration notified before this proposal was brought to the committee and the Board of County Commissioners? Pedro G. Hernandez (City Manager): No, Commissioner. Commissioner Regalado: Okay. Do we -- have we analyzed the economic impact of a CRA within the Civic Center? Mr. Hernandez: Commissioner, we haven't yet. We plan to reach out to the County. As a matter of fact, I know that Mr. Spring has already talked to somebody from the Budget Department at the County who's familiar with the CRA process to find out how can we participate, how we can be kept abreast of their study process. My understanding is that, at this point, it's a study -- the boundaries, of course, are larger than what we envision as the health disfrict, since they go all the way to 28th Street and all the way out west to 22nd Avenue. So our plan right now is to reach out to the County and be kept abreast of their study. Commissioner Regalado: But are we aware -- and I know that Commissioner Gonzalez is always on top in his district, and this will cover much of his district -- that the main purpose is to use all the tax increment in the Jackson Memorial Hospital facilities, and the reason is that they claim that the infrasfructure of the Jackson, some of them are 60- and 50-year-old buildings, and they have capital improvement money, but they need probably to move that money to operations because of the deficit, and the tax increment will be used for that. And so my question to Commissioner Gonzalez first is, have you been --? Commissioner Gonzalez: Nobody has reach out to me. I started asking question when I saw your blue page, but I understand that-- what I have been told is that you cannot use any TIF (Tax Increment Fund) money for operations of the hospital. That's what I have been told. Vice Chair Spence -Jones: I think he's saying you could use it for infrastructure, though. That's what you're saying, if they want to use it for infrasfructure. Commissioner Gonzalez: Well, I don't know about infrasfructure, but the Commissioner referred to operational money. Commissioner Regalado: No. The -- my understanding is that the tax increment will be for infrastructure -- City ofMiami Page 144 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: Okay. Commissioner Regalado: -- of the -- Vice Chair Spence -Jones: Hospital. Commissioner Regalado: -- hospital complex, but they need to use their allocation of infrastructure now for operations. Commissioner Gonzalez: For operations. Commissioner Regalado: So it's -- I'm just saying -- legally, the City has to approve this in order for a CRA to function. Mr. Hernandez: Yes, Commissioner. Commissioner Regalado: Okay, but does the City has authority to run the CRA or does the County has the authority to run the CRA -- Mr. Hernandez: I think, by statute -- Commissioner Regalado: -- if we were to approve it? Mr. Hernandez: -- I think that, by statute, the governing board would be the County Commission. In the cases of for example, the Omni and Southeast Overtown/Park West, the County delegated that function to the City Commission. Commissioner Regalado: Okay. Vice Chair Spence -Jones: So the County -- Commissioner Gonzalez: Does the -- Vice Chair Spence -Jones: -- can operate a CRA in the City bounds [sic]? Larry Spring (Chief Financial Officer): Yes. Commissioner Regalado: Yes, and that was -- and I knew that they were going to say that. And Commissioner Gonzalez: Will this have to be approved by the voters? Commissioner Regalado: No. Commissioner Gonzalez: No? Commissioner Regalado: No. Commissioner Gonzalez: The -- just by the County Commissioners? Vice Chair Spence -Jones: But will that --? Commissioner Regalado: Yeah. City ofMiami Page 145 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Sarnoff It does. Mr. Hernandez: And the City -- Commissioner Regalado: And the City. Commissioner Gonzalez: And the City. Commissioner Sarnoff We have to approve it. Commissioner Gonzalez: Oh, okay. Commissioner Regalado: But -- and this is what I'm saying. You know, they may come and package this very well and, you know, everyone supports healthcare. Everyone supports the Jackson Memorial Hospital, but the thing is that we cannot keep letting the County government using the City -- Commissioner Gonzalez: Right. Commissioner Regalado: -- and the City's CRA to pay for their problems or mistakes. And I say to them, well, you know what? Ifyou want to pay for Jackson Memorial Hospital, then the City will be a partner in Jackson Memorial Hospital. Ifyou wanted us to pay for the PAC (Performing Arts Center), the City needs to be a partner in terms of governing body. But I'm telling you the impact in the budget of the City ofMiami in the next 20 years or 30, if this is ever approved, will be staggering because the boundaries are so big and the constructions that are coming up are -- maybe not now, but when things get better -- you know, we need to be aware because we are told -- and the Mayor of the County sat there one day -- that this is an era of partnership between the County and the City, and you didn't know about it. The area Commissioner didn't know about it. And I found out by chance because I did an interview with a County Commissioner. That's all that there is to it, and I just thought I bring it to the attention -- I have the resolution here to give it to Commissioner Gonzalez because I think he should have it. After all, 90 percent of this proposed CRA is within his district and Commissioner Spence Jones, too. But I think it's dangerous that we allow a process to move forward so fast without the input of the City, and that was the purpose of me having this item in the agenda. Mr. Hernandez: Commissioner, I think it's very important that we reach out to the County, like Larry has done already, for us to work with them or be informed as to what the study turns out and how -- before -- actually, before they have a result of the study, before they have an end to the study itself. Vice Chair Spence -Jones: Mr. Manager, ifI can also add. We already know that CRAs having many challenges throughout -- in the state anyway. Every year it's a struggle to even, you know, keep CRAs alive. I mean, every legislation [sic] session, you know, the question comes up about -- around CRAs. It's just amazing to me that the County's even looking at creating a new CRA anyway. And then not only that -- I mean, that's the -- that's really the biggest issue for me. I'm not really sure why they would even look at, you know, even creating a CRA when they know that that is an issue. I mean, they have a CRA on 79th Street and 7th Avenue that has not been active. I don't know, Larry, if you know anything about that CRA that the County had that Commissioner Rolle and a few others started on 79th Street. It was kind of around the auto mall, which got approved, and they were supposed to have a board and all this other stuff and it never happened. So it's just strange that they would turn back around and want to create another one. Mr. Spring: Larry Spring, chief financial officer. I am generally aware -- I've heard story of that failure of that CRA. As the Manager mentioned, we reached out to the County staff myself actually, Jim Villacorta, as well, in our conference call yesterday. And you know, they gave us City ofMiami Page 146 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 kind of some, well, we're just doing a feasibility study. As we all know at this point, there's a long structured statute that says step-by-step what is required, and one of those key requirements is approval of this taxing authority, so -- Vice Chair Spence -Jones: Bottom line is -- Mr. Spring: -- they got to come here. At some point, it has to come here, and you know -- but we're, you know, keeping abreast of it right now. In fact, the staff person is now a new person now over there, so we'll just keep monitoring the process at this point. Vice Chair Spence -Jones: All right. Thank you, Larry. Is there any other questions on this item? Mr. Hernandez: Just to correct the record, the Commissioner asked me if somebody had contacted me. No one from the Administration had called me. However, the chief of staff for Commissioner Soto called me the night before the item went to Commission to let me know that they were going to be asking for a feasibility study. Commissioner Regalado: Okay. And you know, and I learned the information from Commissioner Soto many weeks ago. Mr. Hernandez: As a matter of fact, Commissioner, you were -- I first learned, you know, about this from you, and then I got the call from Mr. Escobar. Commissioner Regalado: No, no. I told you because I think you should know, and Larry and you didn't know about it, but I think it's important that we know. Mr. Hernandez: And my understanding is that the County Administration was not aware either. Commissioner Regalado: Well, they were. They were because -- actually, they were. The reason that they were is because the first draft was a very small, contained area around the Jackson Memorial Hospital complex, but County staff said that those are tax-exempt buildings, so they figured out with the property appraisal department that they needed to expand beyond the courts, the jail in the County, the Cedar [sic], the Veterans, and they needed to go past 20th Street and they needed to go past 12th and 17th to 22nd, so that is the only way to generate several dozens of millions of dollar that they can bond out so they can fix the infrastructure of the Jackson Memorial Hospital. That's -- that is -- so they were aware. D4.2 08-00489 DISCUSSION ITEM DISCUSSION CONCERNING STABILIZING THE POLICE & FIRE PENSION AND A TIMELINE TO GENERATE SAVINGS. 08-00489 Cover Memo.pdf NO ACTION TAKEN D4.3 08-00639 DISCUSSION ITEM DISCUSSION REGARDING THE ADMINISTRATION'S RESPONSE TO THE CITY ATTORNEY'S RECOMMENDATION OF A RE -VOTE ON THE GLOBAL AGREEMENT AND AN UPDATE ON THE LITIGATION. 08-00639 Memo.pdf 08-00639-Correspondence-Commissioner Spence-Jones.pdf DISCUSSED City ofMiami Page 147 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: Madam Chair, the other item that I have is a question, I guess, for the City Attorney and for the Administration. For those of us who follow the media, we have seen that there were some articles regarding the legal challenge to the global agreement of the City of Miami and the County. We understand that there have been several court cases and dates with probably minor issues in terms of motion to dismiss, all these thing that lawyers do. There have been at least, I don't know, maybe ten court dates, but we understand that there is a frial date set for July 1. We know also there have been the positions of the Mayors and other City and County official. There's several issues on this global agreement, and everything about the global agreement -- and I just wanted to understand -- is on the public domain. There's no way that we can say we cannot talk about that because it's in litigation because probably we cannot opine, but everything is in the public domain because the court cases are public. My question is, the City Attorney has recommended to us that we do what she describe as a revote on the global agreement because there were some issues of -- technical issues. We have not done that, so I just want to hear from the City Attorney the -- her view, her recommendation to the elected officials and to the Administration and understand why that item has not come back ever on the agenda. Julie O. Bru (City Attorney): Commissioner, let me, first of all, say that this matter is in litigation, and I'm going to be very, very cautious about what it is that I discuss because, as with all litigation, you don't want to be placed at an unfair advantage by getting into issues of litigation strategy and so forth and so on. Commissioner Regalado: No. And I understand. Ms. Bru: No. Commissioner Regalado: But everything that is in the public domain. Ms. Bru: But being -- that being said, I can tell you, just to explain a little bit about what has been characterized as my recommendation for a revote, where that comes from. First of all, let me say that, just to give you some background, this Commission, as you all know, voted on a -- certain agreements back in December of 2007. By resolution, the Commission authorized the Manager to execute an interlocal agreement between the City and the CRAs (Community Redevelopment Agencies), and then also a first amendment to an interlocal agreement between the City and the CRA, and then the agreement that's commonly known as the global agreement, that includes the County. At that time, the resolution was not on the agenda, and it was not in the supplemental agenda. So based on your rules of procedure, it constituted a pocket item. It was voted on, and shortly thereafter, Commissioner, you asked the former City Attorney for an opinion, which he gave you in writing, as to the legality of that vote. And it was the opinion of the City Attorney that the vote was valid because since the rule of procedure that had been waived was basically that, a rule of position -- of procedure adopted by this Commission that this Commission could waive it -- and there is case law that stands for the proposition that a Commission who has the authority to adopt rules of procedure also has the authority to waive it, and as a matter of fact, as a matter of custom and past practice, this Commission routinely waives the strict adherence to the procedural requirement that in order to vote on a pocket item, there has to be a unanimous finding by this Commission of an emergency. Again, having said all that, there is a lawsuit pending that has challenged the validity of that resolution and has challenged the acts that have been taken pursuant to that resolution. Shortly after that memo was issued by the City Attorney, an instance came up wherein this City and the CRA were asked to act on one of the obligations that was contained in the global agreement, and that was the transferring of the money from the CRA to the County. And again, concerns were raised by the executive director of the CRA as to whether or not the pending challenge by Braman, in any way, shape, or form, affected the responsibilities of the parties to the agreements, and whether or not he should release those monies. In response to that, I advised the chairperson of the CRA that in order just to moot the issue, to get rid of it and to alleviate any un -- doubt as to whether or not those agreements were valid, that this Commission could, again, consider a resolution that, in City ofMiami Page 148 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 effect, would be in the character of a curative legislation that simply would validate the vote that was taken in December. That is an option that this Commission has. It is an option that have recommended. We still maintain and our posture continues to be that what happened in December was valid and that all the agreements that have been executed are legally binding. However, you do have the option to cure the alleged irregularity by voting on that resolution again. And it would be, again, just a resolution that would ratify, confirm, and validate the actions taken pursuant to the resolution that was adopted in '07. So it's really up to the discretion of this Commission whether or not you'd like to exercise that option. Commissioner Regalado: Okay. Thank you for your comments; are, as always, very clear. Now my next question is -- of course, nobody can predict what a court will do -- but we are definitely going into frial on which matters? And this is the public domain. I'm just asking the different counts that we're going into trial. Ms. Bru: Well, the lawsuit that is pending has several counts against several parties; the County, the City, and the CRA. One of the counts concerns this whole issue that I've just been discussing, which is the validity of that resolution, and it is still a pending count. We still have motions that we will be filing, where we're still seeking to have that count dismissed, but it's still a count that will be going to trial absent any other ruling by the court. Vice Chair Spence -Jones: And if -- I'm sorry, Commissioner Regalado. I just would want to clear up a comment that you just made or a state -- in -- within your statement. And again, I want to be very clear on this because we are in litigation, and I don't want to create a bigger situation, butt just want you to clear up the statement regarding you briefing -- you meant briefing the CRA director because the letter was in reference to other items and not that. You said -- I just want to be clear -- CRA chair, when it should have been CRA director. Ms. Bru: Okay. There were just -- Commissioner Regalado: And she said chair. She said she recommended to -- Vice Chair Spence -Jones: Right. Commissioner Regalado: -- you. Vice Chair Spence -Jones: That's what I just heard, so I just want -- Ms. Bru: Right. Vice Chair Spence -Jones: -- and I caught that for a minute, and I just want to be very clear because the letter itself -- and I -- again, I don't want to talk about something that's under litigation right now, but clearly -- Commissioner Regalado: But -- Ms. Bru: No. Vice Chair, I did recommend to you, as the chair of the CRA, that we could ratify the first amendment to the interlocal agreement between the City and the CRA, and that was because of the concerns that the executive director had regarding whether or not to disburse the $5 million because of the pending lawsuit. Vice Chair Spence -Jones: That was prior to the lawsuit. Ms. Bru: No. It was in response to the uncertainty that the lawsuit created. Vice Chair Spence -Jones: We need to really verify that because I really -- and I'm going to say City ofMiami Page 149 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 it again because I know the letter that was created, the document that created and passed and CC'd (carbon copied) all of the City Commissioners on. The items that came up as issues of concern, that was never stated within the letter. And again, I don't want to get -- and Warren, you're here now, you know, as the attorney that's representing us regarding that issue, but don't want to open myself up to anything else, Julie. Ms. Bru: Yeah. No, Commissioner. I think, ifI recall -- Vice Chair Spence -Jones: Because clearly -- Ms. Bru: -- yeah. The executive director had sent a request to Gail Dotson, the attorney for the CRA, and he had asked several questions about whether or not the payment should be made in light of the -- either the litigation or the threat of litigation that existed at that time. And in response to that is when we had some discussions with the executive director and the recommendation was made. It is -- at the end of the day, it's just an option. We continue to maintain that the agreements are valid; that this resolution acted appropriately because of what I explained about a procedural rule that is there that gets waived. And is it an option that you have to take care of something that could moot a count that is pending? Yes, it is, but it's no more and no less than a recommendation in an effort to try to undertake measures that would reduce the amount of resources that have to be expended in defense of that lawsuit. Commissioner Regalado: The only question -- Vice Chair Spence -Jones: And I just -- I'm sorry -- want to be very clear because I know for a fact my conversations with the CRA director, along with yourself and Gail, and I believe my staff was in that office, even before this letter actually got created -- I just want to be very clear. The big issue for us was centered around two things; the redevelopment plan, that there was a question that Jim had regarding this issue; and then the second part of that was the amount, the increase going from 1.4 to 5.4, whatever the dollar amount was. I don't remember the exact dollar amounts, but that was what Jim had questions on. So that's kind of what, you know, all of this was centered around, so I just -- you know, never was it -- maybe that communication might have been had with Jim, but my question on stopping -- and I -- again, I don't want to get into this -- the case, but stopping the check was based upon whatever the CRA director was actually recommending. Commissioner Sarnoff You know -- Vice Chair Spence -Jones: We were not even discussing -- Commissioner Sarnoff -- it's probably wise not to go into much detail here. Vice Chair Spence -Jones: I know. Commissioner Sarnoff You probably -- everybody's just better off -- the record's the record. You said what you had to say. Let's move on. Commissioner Regalado: I have one -- the last question -- and this is for the Manager -- would you, Mr. City Manager, recommend a revote to the Commission on this matter? Pedro G. Hernandez (City Manager): Commissioner, we, the Administration, are working with the CityAttorney's Office in this matter, and we're also working with the County, and what have to say is that reinforce the statement made by the City Attorney that the revote is an option, and it's an option that we have discussed and will continue to discuss with all the team members, not just the City side, but also the County side. City ofMiami Page 150 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Regalado: Okay. And to finalize this -- and this is just a technical question. Madam City Attorney, I know that you have attorneys working full-time on this, but is this a joint thing with the County, or are we just -- you're -- all the brunt of this case is on you and yourself only, or is the County also sending their attorneys? Is -- how is this working out? Ms. Bru: Commissioner, this is a joint defense amongst the parties that are being sued. Commissioner Regalado: Okay. Thank you very much. Vice Chair Spence -Jones: Okay. So this was -- Is there anything else, Commissioner Regalado, on this issue? I just wanted to just make sure that Julie also enters that letter that we talked about into the record based upon this discussion that we have now, just so that we're all on the same page. So if you can please give that to the Clerk, and this is based upon the letter that I sent to all the Commissioners regarding my concern around releasing the check. I just want to be very clear. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 08-00564 DISCUSSION ITEM DISCUSSION REGARDING THE PROGRESS OF LEGISLATION SURROUNDING THE HANDLING OF DERELICT PROPERTY. 08-00564 Email.pdf DISCUSSED Vice Chair Spence -Jones: All right. So we're -- officially completed your items. My items are pretty quick. D5.1, I just need to get progress on the legislation surrounding the handling of derelict properties. Madam City Attorney, I know this is something that I've been dealing with for a while, and I think that even Commissioner Regalado's chimed in on this issue, and we still have not gotten the legislation prepared for this. Do you have any updates on this? Mariano Loret de Mola: Loret de Mola, Code Enforcement director. Yes. We've been working on that. We have -- so far, we've had three meetings in relation with this issue. We got a group that is the NET (Neighborhood Enhancement Team), Building, Legal Department, neighborhood association. We got two individuals from the neighborhood association, and Code Enforcement. We had a survey of the abandoned properties in the City ofMiami. We also got another City ordinance similar to this one. We are almost ready to put a draft, and I think we can have a draft ready by July to be discussed with all the Commissioners before we bring it over here. Vice Chair Spence -Jones: Okay. So, by July, you think we'll be look -- Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: Okay. Thank you, Mariano. Mr. Loret de Mola: Okay. D5.2 08-00565 DISCUSSION ITEM DISCUSSION REGARDING THE NEED TO REVISE THE CODE City ofMiami Page 151 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 ENFORCEMENT PROVISIONS SURROUNDING THE LENGTH OF GRASS BEFORE ENFORCEMENT VIOLATIONS ARE CITED. 08-00565 Email.pdf DISCUSSED Vice Chair Spence -Jones: On the second item, we've already -- that's not really an issue for us. I think it was communicated to our office that it was 18 inches when it's really 12 inches, so that's not necessary for us to address. Mariano Loret de Mola (Director, Code Enforcement): It was -- Vice Chair Spence -Jones: Correct? Mr. Loret de Mola: --18 inches three years ago. Vice Chair Spence -Jones: Okay. Mr. Loret de Mola: It's 12 inches right now. Vice Chair Spence -Jones: Okay. No problem. D5.3 08-00566 DISCUSSION ITEM DISCUSSION REGARDING THE NEED FOR CODE ENFORCEMENT PROVISIONS SURROUNDING THE IMPROPER USE OF HOUSE SHUTTERS. 08-00566 Email.pdf DISCUSSED Direction by Vice Chair Spence -Jones to the Administration to bring back legislation that addresses the appropriate use of house shutters. Vice Chair Spence -Jones: And then the last issue was surrounding the improper use of house shutters. I don't know if it's happening within your district, but in my district -- throughout my district, especially where -- even where some of the new homes are being placed, people are keeping up the shutters on the homes, and I'm sure they're doing it for security reasons, but I'm very concerned for two reasons. One, I think, definitely it's a safety issue. I would hate for a fire or something to happen, to break out in these houses. And then the second part of that is I'm just -- it makes the areas look abandoned still. So I just wanted to prepare some -- I don't know if Hector can speak on this issue regarding it, but I would like to at least have you guys come back with some sort of legislation to address this issue. I do know that Fire had something already in place, but I think -- you know, if it's hurricane season, it's a different story, and maybe the legislation is centered around hurricane season; they can have them up. But anything beyond that is -- I mean, I can literally take you in Liberty City right now and many of the houses -- the new houses that I just built, they still have these shutters on the window, I mean, all of the windows. So I don't know, Hector, if you want to speak to this, or is it a Mariano -- Pedro G. Hernandez (City Manager): It would be Mariano, but I think the issue with having the shutters up, let's see, throughout the year is something that we just haven't addressed. I think there is an issue with people that, let's say, put them up during the hurricane season and then leave them up the rest of the year. Vice Chair Spence -Jones: No. These are -- these -- the ones I'm talking about are the construction -based shutters that are there. I'm not talking about the hurricane shutters that you buy to put on your house. City ofMiami Page 152 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Mr. Hernandez: You're talking about a -- Vice Chair Spence -Jones: They're shutters, but they're not -- they should only be used during hurricane season. Unfortunately, when -- what's happening is, builders, for instance, in the area -- I'm going to use just the builders as -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- an example. When they're building the houses in the area, they put these shutters on the windows, okay? And then, once the houses are sold, the people that move in the houses keep those shutters on all the windows. I don't know if that's happening in Allapattah, but it's definitely happening in my area, so I just think that if it's hurricane season, I think, yes, we should have the shutters up, but if they're not -- you know, God forbid a fire breaks out. I just really want us to look at some legislation around addressing this issue. Commissioner Sarnoff You know, I got to tell you. I absolutely applaud Spence Jones on this issue because I wanted to bring this up two years ago, and I was told by the Administration nobody else would support this. So it's really nice to see the District 5 Commissioner bringing this, something thatl think she's dead right on. It looks horrible for a neighborhood to leave shutters up 365 days a year. And I know in the state of Florida there are at least 13 cities and at least 20 counties that do not allow that, so it's not hard to find; it's not hard to figure out, yet, us, in the City ofMiami, or I should say, we, in the City ofMiami, have simply not addressed it. So I agree. Maybe there should be a time frame we leave it up, but otherwise, you should not be allowed to shutter your house. Commissioner Gonzalez: I believe, you know, we need to be lenient when the hurricane season starts up to when the hurricane season ends because, you know, lucky enough, last year we didn't have anything, but we have years that we have three or four storms, and -- but the rest of the year, I have to agree with both of you, that, you know, that looks terrible. I mean, you know - Vice Chair Spence -Jones: So is there any way --? Mariano Loret de Mola (Director, Code Enforcement): Yeah. There is nothing on the Code to prevent that, all right. We talk about commercial and we also talk about residential, right, that's what you talking about? Vice Chair Spence -Jones: I'm talking about -- Mr. Loret de Mola: On commercial, the Fire Department has something on it, all right. On residential, the Building Department got some type of regulations about that. Maybe you can explain it. Hector Lima (Director): Hector Lima, Building Department. The -- when the house is occupied, you must have two means of egress from each bedroom -- and that's whatMariano's referring to -- the actual door and a window that meets the size, the proper size opening to allow for exit. Now the shutters are a temporary safety issue, if you want to call it, and I was just telling the Manager that we really need to look at those that Commissioner Sarnoff is mentioning because I have a little bit of a concern telling people you can't shutter your house in certain times of the year. Maybe not a hurricane but something else could happen, and then it will be because the City is not allowing that to happen, so we will look into that and come back. I'm sure that if they exist, we could -- Commissioner Sarnoff You know, Hector -- City ofMiami Page 153 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Mr. Lima: -- follow those -- Commissioner Sarnoff -- Palm Beach has addressed this because you have a great many snow birds, as they call them, and they literally shutter their houses the entire summer, which we're not complaining about 'cause that's, theoretically, hurricane season. However, we're not really that seasonal down here, and more importantly, no one's objecting to hurricane season. But let's say it comes November 1, you really want to live across the street from somebody's home who's shutter -- enjoy Christmas, have your Christmas free up and look at that shutter? There's no hurricane coming. Mr. Lima: I'd hate to live in that house that is shuttered. Vice Chair Spence -Jones: I know. That's the other issue. Commissioner Regalado: It's December 1. Vice Chair Spence -Jones: Huh? Commissioner Regalado: It's December 1. Commissioner Sarnoff Oh, for hurricane season? Commissioner Regalado: Yes. Commissioner Sarnoff Okay. Well -- Commissioner Gonzalez: All right. Commissioner Regalado: Well, how 'bout if they do it because of security? Vice Chair Spence -Jones: Oh, I mean, I -- that's why they're doing it. Commissioner Regalado: Break ins. Commissioner Gonzalez: Well, I -- Vice Chair Spence -Jones: I know that that's why they're probably doing it, but the issue is -- Commissioner Sarnoff Well, they could put bars up. Vice Chair Spence -Jones: Yeah. Well, no. These -- Mr. Loret de Mola: We got the out -of -the -City -- I'm sorry, Commissioner. Vice Chair Spence -Jones: No. Mr. Loret de Mola: -- residents, the people who live over here for six months and then the rest of the time they're out of the City. That's another situation that we have to consider. Commissioner Regalado: Yeah, but Mariano, the people in her district does not have a home in Tennessee, you know. Vice Chair Spence -Jones: Okay, so, Mariano, can you please look at some of the legislation, both you and Hector, that Commissioner Sarnoff -- City ofMiami Page 154 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 NA.1 08-00708 Mr. Loret de Mola: Sure. Vice Chair Spence -Jones: -- has mentioned. My staff just mentioned that Pinecrest and even Coral Gables, I believe -- Mr. Loret de Mola: Yes. There are a few of them. Mr. Hernandez: I hear that Miami Lakes also has it. Vice Chair Spence -Jones: And Miami Lakes also -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- has the same thing. I just want to do something to address it. It really looks bad. And all the building that we're doing in the Liberty City area to make the area finally look like something's happening there, we now have an area that -- with new houses that look as though the place is still abandoned. Mr. Loret de Mola: We will look at it -- Vice Chair Spence -Jones: Please -- Mr. Loret de Mola: -- Commissioner. Vice Chair Spence -Jones: -- we need to address it. Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: With that being said, is there any -- are there any pocket items or any other issues that we need to resolve before we leave? Commissioner Gonzalez: A motion to adjourn. Vice Chair Spence -Jones: We have a motion to adjourn. Do I have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Enjoy your weekend. END OF DISTRICT 5 DISCUSSION ITEM BRIEF DISCUSSION REGARDING A PROCLAMATION OF CONDOLENCE FOR THE FAMILY OF THE LATE WILLIAM A. SEIDEL, JR. DISCUSSED Direction by Commissioner Gonzalez to the Office of the City Clerk to prepare a Proclamation of Condolence for the family of the late William A. Seidel, Jr. City ofMiami Page 155 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Chair Sanchez: All right. That concludes the protocol list. Commissioner Gonzalez: Mr. Chairman, before we proceed with the agenda, I think that it's proper and in order to ask for a moment of silence for Mr. Bill Seidel. Bill Seidel is an institution in this City, and especially in my district. He was in Allapattah for more than 50 years, a well -recognized leader in our community, and a person that had done a lot for our City and for our County. So I ask, with all the respect, for a moment of silence. Chair Sanchez: Would you please rise as we pay tribute to Bill Seidel, and we honor him and his legacy with a moment of silence. Thank you. Commissioner Gonzalez: Thank you. Chair Sanchez: Also, on behalf of this Commission, Madam Clerk, as requested by Commissioner Gonzalez, if we could get a proclamation of condolence prepared to the Bill Seidel family, signed by all the Commissioners to be presented to his family for his dedicated and committed service to this community. Commissioner Gonzalez: I will also like to announce that, Mr. Chairman, I will be leaving at 11:30. I won't be able to attend the funeral, but I'm -- I want to be present at the burial, which is going to be taking place at 12 noon, so I'll be leaving the Commission at 11:30, and it will be my honor to represent all of you on this service. Chair Sanchez: Thank you. Commissioner Gonzalez: Thank you. NA.2 08-00705 ORDINANCE Mayor's Office for Signature City Manager's (4/5THS VOTE) Office AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62, ARTICLE XIII, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED," MORE PARTICULARLY BY ADDING A NEW SECTION CLARIFYING THE INTENT TO OPT OUT OF CHAPTER 33, ARTICLE 6, DIVISION 5 OF THE MIAMI-DADE COUNTY FLORIDA, CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY", IN ACCORDANCE WITH SECTION 33-121.11 THEREOF, SPECIFICALLY REGARDING MURALS ONLY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 08-00705-Leg islation. pdf 08-00705-Agenda Item Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13006 Direction by Commissioner Regalado to the City Manager and the City Attorney to explore the City ofMiami Page 156 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 possibility of the City ofMiami opting out ofMiami-Dade County's boundary ordinance. Chair Sanchez: Okay. Moving along. Where are we at on --? Commissioner Gonzalez: That concludes the regular agenda, right? Priscilla A. Thompson (City Clerk): District pages. Commissioner Gonzalez: Mr. Manager, you have a pocket item? Pedro G. Hernandez (City Manager): I have two. Mr. Chair. Chair Sanchez: Yes, sir. Mr. Hernandez: I do have two pocket items that have been distributed that I would like to proceed with, ifyou allow me. Chair Sanchez: Yes. Mr. Hernandez: One -- I'm going to read it, then I'll explain it briefly. It's an emergency ordinance of the Miami City Commission, amending Chapter 62, Article 13, of the Code of the City ofMiami, Florida, as amended, entitled "Zoning and Planning/Zoning Approval for Temporary Uses and Occupancies; Special Permit Required, " more particularly by adding a new section clarifying the intent to opt out of Chapter 33, Article 6, Division 5 of the Miami -Dade County Florida, Code of Ordinances entitled "Commercial Signs on Expressway Right -of -Way, " in accordance with Section 33-121.11 thereof specifically regarding murals only; containing a severability clause and providing for an immediate effective date. Commissioner Gonzalez: So move. Mr. Hernandez: What this is, Commissioners, if you allow me, is that when you passed the mural ordinance unanimously about two months ago, our intent -- the intent of the City was to, without regulations, opt of the County ordinance, and the County, in processing the permits for the murals, told us that they wanted to have the City expressly opt out of their ordinance. So, in essence, we're putting the words into the language to opt out. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: All right. Move it. Vice Chair Spence -Jones: So we had a motion. Do we have -- Commissioner Sarnoff Second. Vice Chair Spence -Jones: -- a second? All in favor? Commissioner Regalado: No, no. Commissioner Sarnoff Read -- Ms. Thompson: No, no. Commissioner Sarnoff -- it's got to be read. Oh, it's got to be by vote, one at a time. Chair Sanchez: It's an ordinance. Oh, it requires a four fifth. City ofMiami Page 157 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Commissioner Gonzalez: Oh, it's an ordinance. Vice Chair Spence -Jones: Okay, wait. But Commissioner Regalado has a question. Commissioner Regalado: Okay. I think that this emergency ordinance is the best thing that could happen to the City ofMiami. The County government is recognizing that the City is an entity who can have its own rules and regulations, and although it may not need it, they ask for that, and we are doing that. We're complying -- we're opting out of a County regulation. So having said, I support this 100 percent. I'm going to ask the Legal Department and the City Manager that we explore the possibility of opting out of the boundaries ordinance, which is another ordinance drawn by the County within the City ofMiami. Now if we have the authority, as a municipal government, to opt out of a county rule, we could have the possibility of opting out of the boundaries drawn by the County. Is this a question that the City Attorney could address? Julie O. Bru (City Attorney): Commissioner, I've reviewed the County's regulatory scheme for outdoor advertising and signs, and there is a specific out -- opt -out provision as it concerns commercial signs on expressive right-of-ways [sic]. I don't think that there's an opt -out provision for the rest of the regulatory scheme. We will look at it carefully to see if there is. And if there is, we can then address it, but my review of that County ordinance was that the opt -out provision concerned only the signs that were in close proximity to the expressways. Commissioner Regalado: And I understand. Ms. Bru: They have not given us the ability to opt out of the rest. Commissioner Regalado: And I understand that. And this is no rush because this is a pilot program that will run for one year, but what I'm saying here is that, for the first time, we are being recognized as a sovereign entity by the County and they are not applying 100 percent the rules. So my question is if we can draw our own boundaries after that -- I believe we can, but I yield to you to investigate. Ms. Bru: We will look into that, Commissioner. Commissioner Regalado: Thank you. Commissioner Gonzalez: All right. Will you read the ordinance? Vice Chair Spence -Jones: Madam Clerk [sic], can you read the ordinance into --? Commissioner Gonzalez: You need to read the ordinance, right? Vice Chair Spence -Jones: Julie. Ms. Bru: Okay. I believe the Manager already read it into the record. Vice Chair Spence -Jones: Oh, yeah. He already read it. Commissioner Gonzalez: Yeah. Roll call. Ms. Thompson: This is an emergency ordinance. You will have two roll calls. According to the ordinance, you require a four fifth vote. First roll call. Your second roll call. Roll calls were taken, the results of which are stated above. City ofMiami Page 158 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0. NA.3 08-00702 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Office CITY MANAGER TO GRANT WAIVERS OF THE NOISE RESTRICTIONS CONTAINED IN SECTIONS 36-4 AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR AN ADDITIONAL NINETY (90) DAY PERIOD COMMENCING ON JUNE 1, 2008, TO FACILITATE THE FILMING OF MOTION PICTURE PRODUCTIONS WITHIN THE CITY OF MIAMI. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0358 Commissioner Gonzalez: Madam Chair, I have another pocket item here from the Manager. It's extend the Manager previously granted authority to waive the noise ordinance for film production for an additional 90-day period. Vice Chair Spence -Jones: Do we have a motion on this? Commissioner Gonzalez: That is a motion. Commissioner Regalado: Second. Vice Chair Spence -Jones: Do I have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Okay. We have officially completed the agenda and the additional -- Commissioner Gonzalez: Right. Vice Chair Spence -Jones: -- items. Priscilla A. Thompson (City Clerk): No. Vice Chair Spence -Jones: Now we have to do the -- Commissioner Regalado: No Vice Chair Spence -Jones: -- blue pages. Commissioner Sarnoff Blue pages. City ofMiami Page 159 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 NA.4 08-00709 Commissioner Regalado: Go to the blue page. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Blue pages, yeah. Vice Chair Spence -Jones: Gonzalez has nothing; Sarnoff has -- Commissioner Gonzalez: No. Vice Chair Spence -Jones: -- nothing. I believe Commissioner Regalado and I are the only ones that have anything left on this agenda. And I really -- I'm fine with getting started, but I have to really -- I've been holding it for like 30 minutes 'cause I don't want to miss a vote anymore, okay. So can I like get a second to go to the bathroom? It's been like 30 -- Commissioner Sarnoff Why don't we take a two -minute recess? Vice Chair Spence -Jones: Can we take a two -minute -- Commissioner Sarnoff Yes. Vice Chair Spence -Jones: -- a five-minute -- three -minute -- Commissioner Sarnoff Five-minute -- Vice Chair Spence -Jones: -- break. Commissioner Sarnoff -- recess. Vice Chair Spence -Jones: Thank you. DISCUSSION ITEM A BRIEF DISCUSSION REGARDING A RESOLUTION OF CONDOLENCE FOR THE FAMILY OF THE LATE RAUL ALARCON. DISCUSSED Direction by Commissioner Regalado to the Office of the City Clerk to prepare a resolution of condolence for the family of the late Raul Alarcon. Commissioner Regalado: Before we finish, Madam Chair, I just have something that I think it's important that we do, although we only have three members of the board, but -- in -- we have learned in the last several hours that the chairman of the board of Spanish Broadcasting System, Raul Alarcon, Sr. has passed away, and he is a pioneer in radio in the United States. This is a man that came from Cuba in 1960 and built a billion -dollar empire of more than 50 radio stations throughout the United States, and they have their world headquarters right here in City ofMiami, in Bayshore Drive. And I would ask that the City Clerk would draft a resolution to the Alarcon family in behalf of the City ofMiami, to be signed by the Mayor and members of the Commission, whenever it's possible, for condolences to the Alarcon family in his passing. That's all. Vice Chair Spence -Jones: All right. Mr. Manager, did you get that? Pedro G. Hernandez (City Manager): Yes. Yes, we did. City ofMiami Page 160 Printed on 6/23/2008 City Commission Meeting Minutes June 12, 2008 MOTION A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez absent, to adjourn today's meeting. City ofMiami Page 161 Printed on 6/23/2008