Loading...
HomeMy WebLinkAboutCC 2008-07-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 10, 2008 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes July 10, 2008 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS City of Miami Page 2 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 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 ORDER OF THE DAY Vice Chair Spence -Jones: Madam City Clerk, we're going to go 'head [sic] and get started. We have a lot of people in the chambers here this morning, andl do know we have the Mayor andl know Commissioner Gonzalez are a little delayed; but I'd like to officially go 'head [sic] and get the meeting started. It is 9: 21 now. Good morning and welcome to the City Commission meeting of July 10, in historic City Hall. Joining me this morning, we have Commissioner Regalado, Commissioner Sarnoff, myself Chairperson for today, Commissioner Spence -Jones, our wonderful City Attorney, Julie Bru, andl guess we have somebody else sitting in for the City Manager. I'm assuming he's on his way, Pete Hernandez. Roger Hernstadt (Assistant City Manager): Correct, Madam Chair. Vice Chair Spence -Jones: Okay. Vice Chair Spence -Jones: All right. I know that we had a personal appearance from County Commissioner Gimenez, but he's asked for us to bring it back later on. He had to leave and come back, so we'll -- if you don't mind, my fellow Commissioners, when he comes, I'd like to take it as soon as he gets back. [Later...] Vice Chair Spence -Jones: All right. We're going to actually take lunch today at 12 and be back at 2, okay. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Commissioner Regalado and Vice Chair Spence -Jones Absent: Chair Sanchez On the loth day of July 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 Vice Chair Spence -Jones at 9:21 a.m., recessed at 12: 06 p.m., reconvened at 2:08 p.m., and adjourned at 3:17 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:30 a.m. Commissioner Sarnoff entered the Commission chambers at 2: 09 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk City ofMiami Page 3 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Pamela E. Burns, Assistant City Clerk Vice Chair Spence -Jones: All right. At this point, we'd like to open up the session with a prayer from Madam City Clerk, and also we'd like to have the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. Vice Chair Spence -Jones: Thank you, Madam Clerk. Well done. PRESENTATIONS AND PROCLAMATIONS PR.1 08-00782 PRESENTATION MAYORAL VETOES 9:00 AM Honoree Presenter Protocol Item Biscayne Engineering Company 110th Anniversary Chairman Sanchez Proclamation Seniors First Hurricane Preparedness Volunteers Commissioner Spence -Jones Certificates of Appreciation 08-00782 Protocol List.pdf PRESENTED 1. Mayor Diaz presented a Proclamation to Biscayne Engineering Company in recognition of the business vision and entrepreneurial efforts of Biscayne Engineering Company, paying special tribute to the Company's 110th Anniversary; hereby proclaiming Thursday, the tenth of July in the year 2008, as Biscayne Engineering Company Day. 2. Mayor Diaz presented a Proclamation to the City of Miami Marinas -- Miamarina at Bayside, Marine Stadium Marina on Virginia Key and Dinner Key Marina in Coconut Grove -- in observance of National Marina Day, encouragingparticipation in the celebratory and wholesome joy of interaction with our natural environment through recreational boating facilities; hereby proclaiming Saturday, the ninth of August in the year 2008, as National Marina Day. 3. Vice Chair Spence -Jones presented Certificates of Appreciation to Seniors First Hurricane Preparedness Volunteers for their assistance in distributing hurricane preparedness materials to senior citizens of District 5 in the City ofMiami. 4. Mayor Diaz presented Certificates to the U.S. Conference ofMayors Volunteers for their assistance during the U.S. Conference ofMayors events held in the City ofMiami between June 20-24, 2008. Vice Chair Spence -Jones: We also have joining us Mayor Diaz, good morning, and soon, in a minute, I guess, Commissioner Gonzalez. At this time, we have presentations and proclamations. We're going to start off with the Mayor and his presentations, and then we're going to turn it over to Commissioner Sarnoff. Presentations made. NO MAYORAL VETOES Vice Chair Spence -Jones: Okay, so we're going to get down to business. Madam Clerk, I want to know whether or not we have any mayoral vetoes? Priscilla A. Thompson (City Clerk): Madam Chair, we do not have any mayoral vetoes. City ofMiami Page 4 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: So, then, I guess we need to move on to approving the minutes for the following meetings? Priscilla A. Thompson (City Clerk): Correct. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Move. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in -- Ms. Thompson: Excuse -- Vice Chair Spence -Jones: Yes. Ms. Thompson: While you're moving and seconding, I guess I need to know are you going to move and second all of them at once or you're going to take them individually? Vice Chair Spence -Jones: Do you want to do them all at once, guys? Let's take them all at once. Commissioner Sarnoff. In toto. Vice Chair Spence -Jones: Yes. And if we can have -- ask someone to close that door. Ms. Thompson: So I have a mover being Commissioner Sarnoff, the seconder being Commissioner Regalado. Vice Chair Spence -Jones: For all of the meetings. Ms. Thompson: That is correct. Vice Chair Spence -Jones: Thank you, Madam Clerk. I know that -- so we can move on to the next item, which is personal appearances; andl believe that -- Ms. Thompson: I'm sorry. I do need a vote. Vice Chair Spence -Jones: Oh. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Okay, this item passes. Ms. Thompson: Thank you. City of Miami Page 5 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 END OF APPROVING MINUTES City of Miami Page 6 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 CONSENT AGENDA CA.1 08-00713 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $300,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1019, PROJECT NO. 19-690002 AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH THE UNITED STATES DEPARTMENTS OF JUSTICE AND TREASURY'S "GUIDE TO EQUITABLE SHARING," AND WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-00713 Legislation.pdf 08-00713 Summary Form.pdf 08-00713 Affidavit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0378 CA.2 08-00714 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE MUTUAL AID AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND PARTICIPATING MUNICIPALITIES, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 08-00714 Legislation.pdf 08-00714 Exhibit.pdf 08-00714 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0379 CA.3 08-00715 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Police CONTRIBUTION TO THE MIAMI POLICE EXPLORERS PROGRAM, IN AN AMOUNT NOT TO EXCEED $64,706, ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001 AND ACCOUNT CODE NO. City of Miami Page 7 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 12500.191602.896000.0000.00000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-00715 Legislation.pdf 08-00715 Summary Form.pdf 08-00715 Affidavit.pdf 08-00715 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0380 CA.4 08-00716 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROVISION OF THE RENTAL OF PORTABLE TOILETS, FROM VARIOUS VENDORS UNDER EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6118-4/13, EFFECTIVE THROUGH MAY 31, 2009, WITH OPTIONS TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; 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. 08-00716 Legislation.pdf 08-00716 Summary Form.pdf 08-00716 Resolution.pdf 08-00716 Items Awarded.pdf 08-00716 Contract Sheet.pdf 08-00716 Invitation for Bid.pdf 08-00716 Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0381 CA.5 08-00766 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, TO Tomas Regalado THE PRYMUS ANGELS CHEERLEADING PROGRAM THAT OPERATES AT SHENANDOAH PARK, TO CO-SPONSOR THEIR UPCOMING 2008 COMPETITIONS; ALLOCATING SAID FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 08-00766 Legislation.pdf City of Miami Page 8 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0382 CA.6 08-00774 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A Office GRANT TO THE COCONUT GROVE WOMAN'S CLUB, IN THE AMOUNT OF $50,000, FOR INFRASTRUCTURE IMPROVEMENTS TO ITS FACILITY; ALLOCATING FUNDS FROM THE MISCELLANEOUS REVENUE CAPITAL IMPROVEMENT PROJECT FUND ACCOUNT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; DIRECTING THE CITY MANAGER TO INSTRUCT THE BUDGET DIRECTOR TO IDENTIFY FUNDS FOR THE RE -ALLOCATION OF FUNDS AS STATED HEREIN. 08-00774-Legislation-SUB. pdf 08-00774 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0384 Vice Chair Spence -Jones: So are -- if we're pulling -- are we deferring the item for CA.6 or we said we're pulling it for discussion? Commissioner Sarnoff. Just discussion. Vice Chair Spence -Jones: Okay, no problem. Pedro G. Hernandez (City Manager): Right. Vice Chair Spence -Jones: So, Commissioner Sarnoff, you have the floor, or Commiss -- Mr. Hernandez: I would like to have Mr. Spring -- Vice Chair Spence -Jones: Okay, no problem. Mr. Hernandez: -- place the right funding source on the record. Vice Chair Spence -Jones: No problem. Larry Spring (Chief Financial Officer): Thank you, ma'am. Vice Chair Spence -Jones: Got to get used to it. Mr. Spring: Larry Spring, chief financial officer. Commissioners, we do have a substitution to the item that was presented in your package. The substance of the substitution is we are substituting one revenue source that we identified in the initial swap for another. The new City of Miami Page 9 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 source is a miscellaneous revenue Capital Improvement source that is from -- a contribution to Capital from the general fund that we will be swapping with the Commissioner's District 2 quality of life allocation to replace, so net to the City is still zero, but it's a unencumbered -- a better unencumbered source than what was previously presented. Vice Chair Spence -Jones: No problem. Commissioner Sarnoff. And l just want to thank Larry and the Administration for finding the source and helping me -- allowing me to match a grant to the Coconut Grove Woman's [sic] Club because they need to have -- they need to become ADA (Americans with Disabilities Act) compliant. They were the subject of a lawsuit, and all of this money's going towards putting handicap ramps, handicap access, handicap bathroom facilities; and they've not been able to operate until and unless they get the handicap access, so I want to thank you for allowing me to swap these funds. Mr. Hernandez: Thank you. Mr. Spring: You're welcome. Vice Chair Spence -Jones: We have a -- Commissioner Sarnoff. I'll so move it. Commissioner Regalado: Second. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. We're going to move on. Are we -- Madam Clerk, are we at public hearing time yet? Oh, no. Priscilla A. Thompson (City Clerk): No, not quite. Vice Chair Spence -Jones: Okay, so -- but we can take the reg -- Ms. Thompson: You can do one, two, and three. Vice Chair Spence -Jones: Okay, no problem. CA.7 08-00773 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Finance CITY MANAGER TO NEGOTIATE AND TO EXECUTE A COMMITMENT ("COMMITMENT"), SUBJECT TO A DETERMINATION BY THE CITY MANAGER THAT ANY SUCH FINAL COMMITMENT IS IN THE BEST INTEREST OF THE CITY AND SUBJECT TO APPROVAL BY THE CITY ATTORNEY AS TO LEGAL FORM AND CORRECTNESS, WITH WACHOVIA BANK, NATIONAL ASSOCIATION ("WACHOVIA) FOR THE POTENTIAL FUTURE PURPOSE OF WACHOVIA PROVIDING ITS IRREVOCABLE LETTER OF CREDIT IF THE CITY DETERMINES TO REFUND THE OUTSTANDING NON-ADVALOREM VARIABLE RATE REFUNDING REVENUE BONDS TAXABLE PENSION SERIES 2006 (THE "BONDS") City of Miami Page 10 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 08-00773 Legislation.pdf 08-00773 Summary Form.pdf 08-00773 Table.pdf 08-00773 Status of Insurers.pdf 08-00773 Ratings Summary.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0383 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez END OF CONSENT AGENDA Vice Chair Spence -Jones: So, in the meantime, we'll go ahead and move on to the consent agenda. Mr. City Manager, are there any items need to be pulled from the agenda? Pedro G. Hernandez (City Manager): Madam Chair, there's an item, CA.6, that we have worked with Commissioner Sarnoff in making a change as to the funding source for the monies that are indicated in that item that I would like for Mr. Spring to place on the record when appropriate. Commissioner Sarnoff. So why don't we pull CA.6? Vice Chair Spence -Jones: So we're pulling CA.6. My fellow Commissioners, are there any other items that need to be pulled for discussion? Commissioner Gonzalez: I'll move the consent agenda. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. City of Miami Page 11 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 PH.1 08-00717 RESOLUTION Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 06-0607, ADOPTED OCTOBER 12, 2006, IN ITS ENTIRETY AND SUBSTITUTING THIS RESOLUTION FOR IT; ACCEPTING THE PLAT ENTITLED "BANKS SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-00717 Legislation.pdf 08-00717 Exhibit.pdf 08-00717 Exhibit2.pdf 08-00717 Exhibit3.pdf 08-00717 Summary Form.pdf 08-00717 Notice of Public Hearing.pdf 08-00717 Pre Legislation.pdf 08-00717 Master Report.pdf 08-00717 Report of Plat.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0385 Vice Chair Spence -Jones: So we're going to move on to the public hearing items, and we're going to open it up for discussion. The first item is PH.1. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: I have a motion, have a -- Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Okay. We're going to open up the floor for any discussion. I guess staff has discussion on this item? Julianne Diaz (Assistant Director): Yes. Julianne Diaz, Public Works Department. PH.1 is a resolution rescinding Resolution 06-06 -- I'm sorry, R-06-0607, which was adopted on October 12, and substituting it for this resolution accepting the proposed plat of Banks Subdivision. Vice Chair Spence -Jones: I'd like to open -- take this moment to open it up to the public, if there's any comments from the public on this item. All right, the public hearing is closed. We had a motion; we had a second. All in favor? City of Miami Page 12 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 PH.2 08-00718 Department of Public Works The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. Thank you very much. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MARTELL SUBDIVISION," A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 08-00718 Legislation.pdf 08-00718 Exhibit.pdf 08-00718 Exhibit2.pdf 08-00718 Exhibit3.pdf 08-00718 Exhibit4.pdf 08-00718 Summary Form.pdf 08-00718 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0386 Julianne Diaz (Assistant Director, Public Works): PH (Public Hearing) -- Vice Chair Spence -Jones: PH.2. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Motion. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Okay. Staff you have something you want to put on the record? Ms. Diaz: PH.2 is a resolution accepting the proposed plat ofMartell Subdivision. Vice Chair Spence -Jones: All right. I'd like to take this time to open up the public hearing, if there's any questions on this item? All right, the public hearing is closed. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. City of Miami Page 13 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 PH.3 08-00719 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE REQUIREMENTS OF THE SMALL PURCHASES PROCEDURES PURSUANT TO SECTION 18-88 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; APPROVING THE PROCUREMENT OF FIVE (5) TRAILERS PLUS RENTAL SERVICES UNTIL DATE OF PURCHASE, FOR THE DEPARTMENT OF CAPITAL IMPROVEMENTS, FOR THE STORAGE OF ORANGE BOWL MEMORABILIA ITEMS, FROM THE TRAILER RENTAL GROUP, INC., IN AN AMOUNT NOT TO EXCEED $12,000; ALLOCATING FUNDS FROM THE ORANGE BOWL DEMOLITION PROJECT, B-30153F; AUTHORIZING THE CITY MANAGER AND OR HIS DESIGNEE TO ACCEPT A BILL OF SALE WITH THE CONDITIONS AS STATED HEREIN. 08-00719 Legislation.pdf 08-00719 Summary Form.pdf 08-00719 Memo.pdf 08-00719 Notice of Public Hearing.pdf 08-00719 Bill of Sale.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0387 Vice Chair Spence -Jones: PH.3. Commissioner Sarnoff. Move it. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All right. Staff you want to put something on the record? Ola Aluko: Yes. Ola Aluko, City of Miami's director of Capital Improvements. This item is directing the City Manager to negotiate a con -- I mean, to purchase trailers for the storage of the Orange Bowl memorabilia material that was recently demolished on the Orange Bowl site. Vice Chair Spence -Jones: Okay. Like to open this up to the public, if there's any questions on this item? This public hearing is closed. We had a motion; we had a second. All in favor? Commissioner Gonzalez: Aye. Commissioner Sarnoff. Just before you vote, Ola, what kind of items get stored out there? Mr. Aluko: There were certain items that the Public Facilities Department, in conjunction with the CIP (Capital Improvements Program) Department, had thought that the City may need to use in the future. These are sentimental items, and when we make that determination whether to keep it or destroy it, in the future well make that determination. Commissioner Sarnoff. And I guess I take that -- maybe I should ask the question: How have we done with the memorabilia for sale? How have we done with regard to that? Mr. Aluko: I'll have to defer to the Public Facilities director, as they are monitoring the sales. City of Miami Page 14 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Laura Billberry (Director): Lori Billberry, Public Facilities. The last I checked, it was a couple hundred thousand that we had earned. I could get you a greater detail, though. I did not have that with me. Commissioner Sarnoff. But are there still a lot more -- is there a lot more memorabilia still for sale? Ms. Billberry: Yes, there is still memorabilia for sale, and they are still continuing to sell it. Commissioner Sarnoff. And it's done by the Internet, or how is that being done? Ms. Billberry: Yes. Mounted Memories has been our contractor provider, and they are continuing to do it through Internet. Commissioner Sarnoff. Okay. Thank you. Vice Chair Spence -Jones: Any other questions on this item? All right. We had a motion. We had a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. Mr. Aluko: Thank you. Vice Chair Spence -Jones: Thank you, Ola. Madam Clerk, are we at 10: 30 yet? Priscilla A. Thompson (City Clerk): You have two more minutes. Vice Chair Spence -Jones: Okay. City of Miami Page 15 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 10:30 A.M. PH.4 08-00720 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND CERTAIN MICRO -ENTERPRISE BUSINESSES/BUSINESS OWNERS AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FROM DECEMBER 31, 2007 TO DECEMBER 31, 2008, TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE MICRO -ENTERPRISE ASSISTANCE GRANT PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITY(S), FOR SAID PURPOSE. 08-00720 Legislation.pdf 08-00720 Exhibit.pdf 08-00720 Exhibit2.pdf 08-00720 Summary Form.pdf 08-00720 Public Notice.pdf 08-00720 Pre Legislation.pdf 08-00720 Attachment A.pdf 08-00720 Pre Legislation2.pdf 08-00720 Attachment A2.pdf 08-00720 Exhibit B.pdf 08-00720 Grant Application.pdf 08-00720 Exhibit C.pdf 08-00720 Certification.pdf 08-00720 Agreement.pdf 08-00720 Resolution.pdf 08-00720 Text File Report.pdf 08-00720 Attachment A3.pdf 08-00720 Pre Legislation3.pdf 08-00720 Exhibit A.pdf 08-00720 Exhibit B2.pdf 08-00720 Exhibit C2.pdf 08-00720 Amendment 1.pdf 08-00720 Resolution2.pdf 08-00720 Exhibit C3.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0388 Vice Chair Spence -Jones: Okay, so I'm going to take us back to our public hearings, 10:30 a.m. Mr. George Mensah. George Mensah (Director, Community Development): George Mensah. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Just for the public and -- to know that City of Miami Page 16 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 we're now on PH.4. Vice Chair Spence -Jones: Yes. We're on PH.4. Ms. Thompson: We're on PH.4. Mr. Mensah: George Mensah, Department of Community Development. PH.4 is a resolution authorizing the City Manager to extend the agreement end term date between the City ofMiami and several micro -enterprise businesses as specified in Exhibit A, attached and incorporated, from December 31, 2007 to December 31, 2008. Vice Chair Spence -Jones: All right. This is actually a public hearing, if there's any questions or comments on this item before we bring --? Commissioner Gonzalez: Move PH.4. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. I -- Madam Clerk, I got to officially close the public hearing, though, right? Ms. Thompson: That's correct. Vice Chair Spence -Jones: All right. I got to officially -- I'd like to officially close the public hearing. It comes back to the dais. I have a mover and a seconder. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. PH.5 08-00722 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD YEAR Development COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $55,909.47, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FA?ADE PROGRAM ACCOUNT; ALLOCATING SAID FUNDS TO THE ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. , TO CONTINUE TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE CITY OF MIAMI COMMERCIAL FA?ADE PROGRAM, 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. City ofMiami Page 17 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 08-00722 Legislation.pdf 08-00722 Exhibit.pdf 08-00722 Exhibit2.pdf 08-00722 Summary Form.pdf 08-00722 Public Notice.pdf 08-00722 Pre Legislation.pdf 08-00722 Attachment A.pdf 08-00722 Corporation.pdf 08-00722 Agreement.pdf 08-00722 Resolution.pdf 08-00722 Master Report.pdf 08-00722 Attachment A2.pdf 08-00722 Exhibit B.pdf 08-00722 Exhibit C.pdf 08-00722 Budget Form.pdf 08-00722 Certification.pdf 08-00722 Sworn Statement.pdf 08-00722 Exhibit G.pdf 08-00722 I nsurance. pdf 08-00722 Letter. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0389 Vice Chair Spence -Jones: We move on to PH.5. George Mensah (Director, Community Development): PH.5 is a resolution authorizing the transfer of 33rd Year Community Development Block Grant funds in the amount of $55, 909.47, from the City ofMiami Department of Community Development Commercial Facade Program account; allocating said funds to Allapattah Business Development Authority to continue to provide economic development activities under the City ofMiami Commercial Facade Program. Commissioner Gonzalez: I do have a question. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: Yeah. Why is Allapattah Business Development getting on additional money for facade? I understand that this was at the request of Community Development? Mr. Mensah: Yes. Community Development met with the three facade improvement agencies, and we reviewed what they were doing and asked those that can do additional work to see if they can do additional work before September 30. Allapattah -- ABDA (Allapattah Business Development Authority), and Rafael Hernandez indicated they can do some additional work before that year, so we are here right now awarding this $55, 000 from the facade program to ABDA; and in September, we probably will come back and award some (UNINTELLIGIBLE) for Rafael Hernandez. Commissioner Gonzalez: Let also the record reflect that this is not going to be administrative funds; this is going to be project money, right? Mr. Mensah: This is project funds, yes. City ofMiami Page 18 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: All right. That's for the Miami Herald. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: You know, even -- you know, not many people are reading the Herald, but you know, for the people that still read it, so they know exactly why Allapattah is getting some more money. Vice Chair Spence -Jones: All right. Commissioner Gonzalez, any other questions on this item? All right. This is a public hearing, though. If there's any questions or comments on this item, we'd like to take those comments now. The public hearing is closed. It comes back to the dais. Do I have a motion on this item? Commissioner Sarnoff. So moved. Commissioner Gonzalez: Move it. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: I just -- Okay, this item passes. I just have one question for -- which has absolutely nothing to do -- really to do with this, but George, do you have the balance in the affordable housing trust fund at all? Mr. Mensah: I don't have it here currently with me. Vice Chair Spence -Jones: Yeah. If you could just provide that to our office; I just want to know what it is. Mr. Mensah: Yes. Vice Chair Spence -Jones: All right. Mr. Mensah: I'll do that. Thank you. Vice Chair Spence -Jones: No problem. Thank you so much. PH.6 08-00723 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF FUNDS, IN THE Development AMOUNT OF $874,483.43, FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PREVIOUS YEAR'S CLOSED OUT FUNDS; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT HOUSING RESERVE, TO PROVIDE ADDITIONAL FUNDING FOR AFFORDABLE HOUSING ACTIVITIES. 08-00723 Legislation.pdf 08-00723 Exhibit.pdf 08-00723 Summary Form.pdf 08-00723 Public Notice.pdf City of Miami Page 19 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0390 Vice Chair Spence -Jones: We're going to move on to PH. 6. George Mensah (Director, Community Development): Madam Chair, PH. 6 is a resolution authorizing a transfer in the amount of $874, 483.43 from the Community Development Grant funds previous years close-out funds; allocating said funds to the City ofMiami Department of Community Development Housing Reserve to provide additional funding for affordable housing activities. Vice Chair Spence -Jones: All right. This is a public hearing. If there's any questions on this item, please, you have the opportunity to ask now. This public hearing is closed; it comes back to the dais. Do I have a motion on this item? Commissioner Gonzalez: Move it. Commissioner Sarnoff. So moved. Second. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. PH.7 08-00724 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF CITY OF MIAMI Development DEPARTMENT OF COMMUNITY DEVELOPMENT AFFORDABLE HOUSING TRUST FUND FUNDS, IN THE AMOUNT OF $325,000, FROM ALLAPATTAH COMMUNITY ACTION, INC., IN CONNECTION WITH THE ALLAPATTAH COMMUNITY HOUSING PHASE II PROJECT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT AFFORDABLE HOUSING TRUST FUND, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSES. 08-00724 Legislation.pdf 08-00724 Exhibit.pdf 08-00724 Summary Form.pdf 08-00724 Pre Legislation.pdf 08-00724 Attachment A.pdf 08-00724 Pre Legislation2.pdf 08-00724 Webpage.pdf 08-00724 Warranty Deed.pdf 08-00724 Letter.pdf 08-00724 Agreement.pdf 08-00724 Exhibit A.pdf 08-00724 Attachment A2.pdf City ofMiami Page 20 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0391 Vice Chair Spence -Jones: We move on to PH.7. George Mensah (Director, Community Development): PH.7 is the resolution deobligation this -- the City of Miami Community Development Affordable Housing Trust funds in the amount of $325, 000 from Allapattah Community Action in connection with Allapattah Community Housing Phase II project; and allocating said funds to the City ofMiami Department of Community Development Affordable Housing Trust fund. Vice Chair Spence -Jones: All right. This is a public hearing, if there's any questions? Commissioner Gonzalez: Madam Chair, I would like to make a comment on the item. Vice Chair Spence -Jones: No problem; let me just close the -- this public hearing is closed; comes back to the dais. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: If my colleagues remember, this -- last year this came before this Commission requesting an advance on monies to build a 202, a project of 86 apartments for senior citizens, and the money was going to be repaid as soon as the agency, who will get their funding from HUD (Department of Housing and Urban Development). Mr. Mensah: Yes. Commissioner Gonzalez: Well, thank God, they got the money from HUD sooner than what they expected and they never had to utilize the City money to build the project, and I'm glad to report to you that the project is about 85 percent completed. Mr. Mensah: Yes. Vice Chair Spence -Jones: Okay. So we do have a motion -- any other questions on this item? Okay. We have a motion on this item? Commissioner Gonzalez: I'll move it. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. PH.8 08-00725 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE DE -OBLIGATION OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $419,937.85, FROM DOWNTOWN MIAMI PARTNERSHIP, INC.; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF City ofMiami Page 21 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 PH.9 08-00435 Department of Community Development COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 08-00725 Legislation.pdf 08-00725 Exhibit.pdf 08-00725 Summary Form.pdf 08-00725 Public Notice.pdf 08-00725 Pre Legislation.pdf 08-00725 Attachments.pdf 08-00725 Letter.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0392 Vice Chair Spence -Jones: We move on to PH.7 -- 8. PH.8. George Mensah (Director, Community Development): PH.8 is a resolution authorizing the deobligation of Community Development Grant funds in the total amount of $419, 937.85 from Downtown Miami Partnership; allocating said funds to the City of Miami Department of Community Development District 2 economic development reserve. Vice Chair Spence -Jones: All right, this is a -- Thank you, George -- public hearing. The public hearing is open. This public hearing is officially closed. It comes back to the dais. Do I have a motion? Commissioner Sarnoff.. Move -- Commissioner Gonzalez: Second. Commissioner Sarnoff.. -- PH.8. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. 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 City of Miami Page 22 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 AUTHORIZING THE REPLACEMENT OF THE DECLINING RATE SCHEDULE 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 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 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 08-00435 Provisions.pdf 08-00435 Costs sheet.pdf 08-00435 Legislation V2.pdf 08-00435 Amendment 1 V2.pdf 08-00435 Exhibit V2 .pdf 08-00435 Exhibit 2 V2.pdf 08-00435 Exhibit 3 V2.pdf 08-00435 Exhibit 4 V2.pdf 08-00435 Exhibit 5 V2.pdf 08-00435 Exhibit 6 V2.pdf 08-00435 Exhibit 7 V2.pdf 08-00435 Exhibit 8 V2.pdf 08-00435 Exhibit 9 V2.pdf 08-00435 Exhibit 10 V2.pdf 08-00435 Exhibit 11 V2.pdf 08-00435 Exhibit 12 V2.pdf 08-00435 Exhibit 13 V2.pdf 08-00435 Exhibit 14 V2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0393 Vice Chair Spence -Jones: PH .9. City of Miami Page 23 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 George Mensah (Director, Community Development): PH.9 is a resolution by the City ofMiami Commission to ex -- authorizing the extension of the agreement between the City and Neighbors and Neighbors, Incorporated, from May 10, 2008 to September 30, 2009. Commissioner Gonzalez: Move it. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: It's a public hearing. I'd like to officially open up the public hearing, if there's any questions or comments that need to be put on the record? All right, this public -- Leroy Jones. Leroy Jones. Leroy Jones, 180 Northwest 62nd Street, executive director of Neighbors and Neighbors Association. I just want to put on the record that we waiting for one of the property owners to just to complete the forms so the environmental can be clear so that we can move forth. Vice Chair Spence -Jones: Okay. Mr. Jones: That's the only thing we waiting on for this project, really, and -- well, once that's done, to read through the budget -- Vice Chair Spence -Jones: Okay. Mr. Jones: -- including $50, 000 that was given to Neighbors and Neighbors Association that we're to use for this project and the 17th Avenue project to help with the permits and stuff, so -- Vice Chair Spence -Jones: Thank you, Mr. Jones. Mr. Jones: Thank you. Vice Chair Spence -Jones: Are there any other comments from the public? All right, this item officially comes back. I think we had a mover and a seconder, correct, Madam Clerk? Commissioner Gonzalez: Yes. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. I just want to, just in closing, would like to commend Leroy and his wonderful work. Again, these are projects that we have been trying to move, andl know that at least with the changes in the recommendations that have been made by staff on this agreement, we're finally able to make it happen, so I just wanted -- Mr. Jones: Thank you. Vice Chair Spence -Jones: -- to officially acknowledge you for the hundredth time -- Mr. Jones: Thank you. Vice Chair Spence -Jones: -- in front of the City Commission for your outstanding work with -- at least within my district. Mr. Jones: Thank you. So the Commission would know, I guess our biggest hurdle in this whole City ofMiami Page 24 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 project was FDOT (Florida Department of Transportation). Of course, you know 7th Avenue is a State road -- Vice Chair Spence -Jones: Yes. Mr. Jones: -- and we was dealing with some zoning issues as well as some setback issues and things that need to be changed with the right-of-way, so some of the -- actually, I think two or three of the property owners actually got back a portion of the property because of this project that FDOT had tookfrom the property owners in nineteen sixty -something, so it's great because it, you know, giving some property back to some of the property owners. The only problem is it just took so -- Vice Chair Spence -Jones: It delayed the pro -- Mr. Jones: -- long to straighten all the things out for 'em. Vice Chair Spence -Jones: All right. Mr. Jones: Okay. Vice Chair Spence -Jones: Thank you so much, Mr. Jones. Mr. Jones: Thank you. Vice Chair Spence -Jones: All right. So we're officially finished with our public hearings, correct? Ms. Thompson: That is correct. END OF PUBLIC HEARINGS City of Miami Page 25 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 ORDINANCES - SECOND READING SR.1 08-00611 ORDINANCE Second Reading District4- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 10/ARTICLE I/SECTION 10-5 OF THE CODE OF THE CITY OF MIAMI, Tomas Regalado FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS/IN GENERAL/WAIVER 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 Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13009 Vice Chair Spence -Jones: So let's just do SR.1 really fast. SR.1, staff. Commissioner Regalado: I move SR.1. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Had a motion; had a second. All in favor? Commissioner Gonzalez: No. Priscilla A. Thompson (City Clerk): It's a -- Commissioner Regalado: No. Ms. Thompson: -- ordinance. Commissioner Regalado: Ordinance. Vice Chair Spence -Jones: Oh, okay. Commissioner Regalado: It's a second reading. Vice Chair Spence -Jones: All right. Commissioner Regalado: This is basically, Madam Chair, the ordinance to offer senior citizens who qualin, for the three $25, 000 homestead exemption. That means that they are on the -- almost on the poverty level. If they want to comply with some Code enforcement issues, that the permits will be free. The reason that we brought this back is because it had certain language and only four persons quali, so now it's broader in terms of the people that have this same qualities in terms of senior citizens 65 years old and qualfing for the three homestead exemptions that they can qualify, if they want to comply to put their houses up to Code. That's basically what it is. City of Miami Page 26 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: And l just want to commend you, Commissioner Regalado, because I know this is something that you've been working on for quite some time and has been really the catalyst in making sure that at least our seniors are taken care of on this issue, so want to commend you on your efforts on that. We've already had a motion and a second on the item, correct? All right, so we're going to move to SR.2, and then we'll go -- Ms. Thompson: No. Are you --? It's a public hearing. Vice Chair Spence -Jones: Oh, yeah. I'd like to officially open the public hearing, if anybody have any comments on this item? No comments on this item. The public hearing is officially closed. It comes back to the dais. Ms. Thompson: Then your attorney has to read the ordinance into the record, please. Vice Chair Spence -Jones: Madam City Attorney. Julie O. Bru (City Attorney): Thank you, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Commissioner Gonzalez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. SR.2 08-00679 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 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 PROVIDING FOR AN EFFECTIVE DATE. 08-00679 Legislation.pdf 08-00679 Cover Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13010 Vice Chair Spence -Jones: Okay, so I think we can go straight to -- you want to --? Well, let's just go get -- go 'head and get SR.2 out of the way, and then we'll go to the public hearing. Commissioner Gonzalez: Move SR.2. Commissioner Sarnoff. Second. City of Miami Page 27 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: Okay, so we had a motion and a second. I'd like to officially open up this hearing, if there's any questions on this item? The public hearing is open. The public hearing is officially closed; comes back to the dais. Madam City Attorney. Julie O. Bru (City Attorney): Yes. Madam Chair, this is second reading. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4/0. END OF ORDINANCES - SECOND READINGS City of Miami Page 28 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 ORDINANCES - FIRST READING FR.1 08-00727 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Purchasing 18, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM," MORE PARTICULARLY BY REPEALING SECTIONS 18-136 THROUGH 18-146, ABOLISHING THE MINORITY WOMEN BUSINESS ENTERPRISE PROGRAM, AND REPEALING ALL RELATED ORDINANCES, RESOLUTIONS, AND ADMINISTRATIVE POLICIES AND PROCEDURES, SUCH AS, BUT NOT LIMITED TO ADMINISTRATIVE POLICY MANUAL (APM) 4-86; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00727 Legislation.pdf 08-00727 Summary Form.pdf 08-00727 Letter.pdf 08-00727 Memo.pdf 08-00727 Memo2.pdf 08-00727 Ordinance.pdf 08-00727 Resolution.pdf 08-00727 Ordinance2.pdf 08-00727 Ordinance3.pdf 08-00727 Ordinance4.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: All right, so we're going to move on to FR.1, first readings. Staff FR.1. Roger Hernstadt: Roger Hernstadt, assistant City Manager. FR.1 abolishes Ordinance 10062, which required set -aside goals and procurement, totaling 51 percent of the City's total volumes of procurement among African Americans, Hispanics, and women. About eight years ago, that practice was determined to be unconstitutional, yet still remains in the City Code, and this item removes that from the City Code. Vice Chair Spence -Jones: All right. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Madam City -- Got a motion and a second. Madam City Attorney -- Julie O. Bru (City Attorney): Thank -- Vice Chair Spence -Jones: -- can you read it into the record. Ms. Bru: Madam Chair. An ordinance of the Miami City Commission -- City of Miami Page 29 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 FR.2 08-00728 Department of Purchasing Ms. Thompson: Ex -- I'm sorry. Are we opening this up for a public hearing? Vice Chair Spence -Jones: Oh, okay. This is a public hearing, if there's any questions or comments on the public? No questions or comments from the public; comes back to the dais. Madam City Attorney. Ms. Bru: Yes, Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: 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. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE," BY ADDING A NEW ARTICLE ENTITLED "COMMUNITY SMALL BUSINESS ENTERPRISE ("CSBE"), COMMUNITY BUSINESS ENTERPRISE ("CBE"), AND/OR SMALL BUSINESS ENTERPRISE CSBE") PROGRAM," TO SET FORTH PURPOSE, DEFINITIONS, AND APPLICATION OF THE CSBE, CBE, AND/OR SBE PROGRAM TO FORMAL COMPETITIVE SEALED BIDDING OR COMPETITIVE NEGOTIATIONS/COMPETITIVE SEALED PROPOSALS PROCESSES; CONTAINING A REPEALER CLAUSE, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00728 Legislation.pdf 08-00728 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: FR.2. Glenn Marcos. Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. The following ordinance before you is now the creation of a community small -based enterprise, community business enterprise and small business enterprise program. This program, unlike the program that you just voted on which abolishes the MWBE (Minority Women Business Enterprise), is now race -neutral and gender -neutral. Vice Chair Spence -Jones: All right. This is a public comment, if there's any questions or comments on this item? Commissioner Gonzalez: Which item is that, FR.2? Vice Chair Spence -Jones: Yes, sir. Commissioner Gonzalez: Okay. City of Miami Page 30 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: No questions from the public on this hearing [sic]? Item comes back to the dais. Do I have a motion and a second on this item? Commissioner Sarnoff. I have a question. Vice Chair Spence -Jones: Okay, you're recognized, Commissioner Sarnoff. Commissioner Sarnoff. Does anybody know -- this is something the County's been doing, correct? Pedro G. Hernandez (City Manager): Commissioner, this is something, yes, that the County reacted to a few years back once the minority women, black and so forth, ordinances were declared to be unconstitutional; and then this is a way to be able to grant preferences to small businesses and encourage their participation in major government contracts. Commissioner Sarnoff. How effective has it been in the County? Mr. Hernandez: I think that it has been quite effective. Roger. Roger Hernstadt (Assistant City Manager): In the Fiscal Year 2007, $42 million of work and goods and services was delivered to certified small business through the County's program. Obviously, in scale, their program's probably a little bigger than the City's, but it was very successful, way in excess of 15 percent more in the neighborhood of like 22 percent. Commissioner Sarnoff. And what is the financial impact of this? Mr. Hernstadt: Commissioner, we have tried to design this program with a minimal financial impact by utilizing the County's certification process and just supplying it to the City. The -- one of the elements of the program that we're suggesting is that when firms complete -- use 25 percent or more certified small businesses and complete their work on time and on budget with no excuse change order, no change orders whatsoever, that they could be eligible for a one percent incentive not to exceed $100, 000. Commissioner Sarnoff. So in other words, we're creating a program whereby the City -- Is this for City contracts? Mr. Hernstadt: This is only for City contracts, for CBE (Community Business Enterprise) firms that are within the City. Commissioner Sarnoff. So let's just say I have a $2 million contract that I'm letting out from the City and there -- it would be a first, I think; no change orders, but let's say we had our first one without change orders, and we had a CSB -- CBE in there, and we would pay an additional $200, 000 if that contract was completely CBE? Mr. Hernstadt: Twenty-five percent or more, they would be eligible for a one percent maximum bonus or $100, 000, whichever is greater. Commissioner Sarnoff. So when you start letting out contracts, are you going to start factoring in a potential expo -- well, I don't have to call it exposure or -- a contingency for a CBE? Mr. Hernstadt: We would provide a City contingency for that, for those types of contracts. Commissioner Sarnoff. Thank you. Mr. Hernandez: Commissioner, it would be sort of the same contingency that we would need to City of Miami Page 31 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 have to account for change orders or extra expenses. In this case, there are three factors: it has to be on time, on budget, and actually in compliance with the small business components. Commissioner Sarnoff. So does one change order eradicate the bonus? Mr. Hernandez: Yes. Commissioner Sarnoff. So it's a pretty tough thing to make. Mr. Hernandez: But it's an incentive -- Commissioner Sarnoff. Right. I -- Mr. Hernandez: -- for them to use the small business and to, in essence, provide also a reward to somebody that completes a project on time and on budget. Commissioner Sarnoff. So -- right, on time, on budget, without change order, and you get an incentive? Mr. Hernstadt: Yes, sir. Commissioner Sarnoff. Okay. Vice Chair Spence -Jones: I -- is any other comments on this --? I do have a comment. Commissioner Regalado, you have a comment on this? Commissioner Regalado: No. Vice Chair Spence -Jones: Okay. I just want to add, I think it's extremely important, especially in these times, you know, that it's -- small businesses, and we all know this, especially in Allapattah, myself, and I'm sure some of the other small businesses in each one of our districts, that this is the one opportunity that the small businesses have, you know, to at least get some business with the City. I mean, if we're losing in one -- the item prior to this -- the opportunity for women or minorities to participate, I think it's really important that we show good effort to make sure that we do support smaller businesses, so -- we know that they're struggling. They were struggling before; they're going to be struggling now more so than ever, so I would encourage that at least our -- my fellow colleagues support us supporting small businesses in the City ofMiami. I do have issues with the item, andl know that my staff will be working along with the Administration on the item and -- to make the additional changes, but for the most part, I would really encourage all our sitting Commissioners to support any small business that's trying to survive in the City ofMiami. Mr. Hernandez: Madam Chair, if you'll allow me. Our plan is to bring it back for a second reading in September, which would allow us a couple of months to be able to fine tune any concerns that your office has and any other Commissioner. Vice Chair Spence -Jones: All right. Commissioner Sarnoff. I have the gavel. Vice Chair Spence -Jones: Okay. I'd like to go ahead and move this item. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? City ofMiami Page 32 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Priscilla A. Thompson (City Clerk): No. Julie O. Bru (City Attorney): Ordinance. Commissioner Sarnoff. It's going to be read. I think it's an ordinance. Ms. Thompson: No. Vice Chair Spence -Jones: Oh, yeah. Oh, it is. Madam City -- Commissioner Sarnoff. Madam -- Vice Chair Spence -Jones: -- Attorney. Ms. Bru: Madam Chair. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: All right. Madam Clerk, I know I moved it and -- Ms. Thompson: Yes. You turned over the gavel to Commissioner Sarnoff. Vice Chair Spence -Jones: Right. Ms. Thompson: You moved it. Now we need a second. Commissioner Gonzalez: I second it. Vice Chair Spence -Jones: Okay. We have a second by -- Ms. Thompson: The Chair -- Vice Chair Spence -Jones: Oh. Chair? Ms. Thompson: -- the acting, will acknowledge the seconder. Commissioner Sarnoff. I do accept the second and now -- Ms. Thompson: You're -- call his name for me, please. Vice Chair Spence -Jones: Who's the seconder? Commissioner Sarnoff. Seconder was Commissioner Gonzalez. Ms. Thompson: Thank you. Now we can have a roll call. Thank you. Commissioner Sarnoff. All right. Vice Chair Spence -Jones: Roll call. Ms. Thompson: All right. Commissioner Sarnoff. Roll call. City of Miami Page 33 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 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. FR.3 08-00726 ORDINANCE First Reading Miami Parking AN EMERGENCY ORDINANCE OF THE CITY OF MIAMI, FLORIDA, WITH Authority ATTACHMENT(S), SUPPLEMENTING THAT CERTAIN ORDINANCE NO. 11693 ADOPTED BY THE CITY COMMISSION ON AUGUST 14, 1998; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $42,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF ITS VARIABLE RATE PARKING SYSTEM REVENUE REFUNDING BONDS, SERIES 2008, IN ONE OR MORE SERIES AND ON A TAX-EXEMPT OR TAXABLE BASIS, FOR THE PURPOSES OF CURRENTLY REFUNDING AND REDEEMING ALL OF THE CITY'S OUTSTANDING TAX-EXEMPT VARIABLE RATE PARKING SYSTEM REVENUE BONDS, SERIES 2006, AND ITS TAXABLE VARIABLE RATE PARKING SYSTEM REVENUE BONDS, SERIES 2006, AND PAYING CERTAIN COSTS OF ISSUANCE IN CONNECTION THE ISSUANCE OF SUCH BONDS; ESTABLISHING CRITERIA FOR DETERMINING THE DATES, INTEREST RATES, INTEREST PAYMENT DATES, PRINCIPAL AMOUNTS, PROVISIONS FOR TENDER AND REDEMPTION AND MATURITY SCHEDULES FOR SUCH BONDS; AWARDING THE SALE OF SAID BONDS TO SUNTRUST ROBINSON HUMPHREY INC. ON A NEGOTIATED BASIS, AND APPROVING THE CONDITIONS AND CRITERIA OF SUCH SALE; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT WITH SUNTRUST ROBINSON HUMPHREY INC.; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF AN OFFICIAL STATEMENT ON BEHALF OF THE CITY; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND CREDIT FACILITY AGREEMENT WITH SUNTRUST BANK; APPROVING THE FORM OF A BOND CREDIT FACILITY FROM SUNTRUST BANK; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A REMARKETING AGREEMENT AND DESIGNATING SUNTRUST ROBINSON HUMPHREY INC. AS THE REMARKETING AGENT THEREUNDER; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUSTEE, TENDER AGENT, PAYING AGENT AND REGISTRAR AGREEMENT, AND DESIGNATING TD BANK, NATIONAL ASSOCIATION, AS TRUSTEE, PAYING AGENT, TENDER AGENT AND REGISTRAR THEREUNDER; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISCLOSURE DISSEMINATION AGENT AGREEMENT AND DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C. AS DISSEMINATION AGENT THEREUNDER; DESIGNATING A QUALIFIED DERIVATIVE AGREEMENT WITH RESPECT TO THE 2008 BONDS; DESIGNATING A SURETY BOND WITH RESPECT TO THE 2008 BONDS; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY AND THE DEPARTMENT TO TAKE ALL ACTIONS REQUIRED IN CONNECTION WITH THE ISSUANCE OF SAID BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT THERETO; AND PROVIDING AN EFFECTIVE DATE FOR THIS ORDINANCE. City of Miami Page 34 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 08-00726 - Final Complete Legislation.pdf 08-00726 Complete Legislation - OrdinanceVl.pdf 08-00726 Exhibit.pdf 08-00726 Exhibit 2.pdf 08-00726 Exhibit 3.pdf 08-00726 Exhibit 4.pdf 08-00726 Exhibit 5.pdf 08-00726 Exhibit 6.pdf 08-00726 Exhibit 7.pdf 08-00726 Exhibit 8.pdf 08-00726 Exhibit 9.pdf 08-00726 Exhibit 10.pdf 08-00726 Exhibit 11.pdf 08-00726 Exhibit 12.pdf 08-00726 Exhibit 13.pdf 08-00726 Exhibit 14.pdf 08-00726 Exhibit 15.pdf 08-00726 Exhibit 16.pdf 08-00726 Exhibit 17.pdf 08-00726 Exhibit 18.pdf 08-00726 Exhibit 19.pdf 08-00726 Exhibit 20.pdf 08-00726 Exhibit 21.pdf 08-00726 Exhibit 22.pdf 08-00726 Exhibit 23.pdf 08-00726 Exhibit 24.pdf 08-00726 Exhibit 25.pdf 08-00726 Exhibit 26.pdf 08-00726 Exhibit 27.pdf 08-00726 Exhibit 28.pdf 08-00726 Exhibit 29.pdf 08-00726 Exhibit 30.pdf 08-00726 Exhibit 31.pdf 08-00726 Exhibit 32.pdf 08-00726 Exhibit 33.pdf 08-00726 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED as an emergency measure, with modifications, waiving the requirement for two seperate readings PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez 13011 Vice Chair Spence -Jones: Okay. And we're going to move on to FR.3. Staff. Commissioner Gonzalez: Move FR. 3. Commissioner Regalado: Second. Vice Chair Spence -Jones: Okay. Do we want to put anything on the record, at all? Andl know I have to open it up for a public hearing. You want to put something on the record? City of Miami Page 35 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Scott Simpson: Sure. Scott Simpson, Miami Parking Authority. We're here today asking for approval of this emergency ordinance, which was refunding some series 2006 bonds. The purpose of the refunding is due to deteriorations in the capital market on the credit enhancement of the deal. There is no money -- new money involved in this deal. Vice Chair Spence -Jones: Okay. Are there any other comments from the public on this item? All right. The hearing is actually closed. I think we had a motion and a second? Priscilla A. Thompson (City Clerk): It -- we -- Julie O. Bru (City Attorney): It's an ordinance. Ms. Thompson: Right. Vice Chair Spence -Jones: Yeah, I know. Ms. Thompson: And what we -- Vice Chair Spence -Jones: We did have a motion and a second, right? Ms. Thompson: That's correct. But we wanted to make sure you understand that this is a -- this is being substituted. It shows on the agenda as a first reading ordinance. It is now moving to an emergency ordinance. It is going to require a four fifth vote. Vice Chair Spence -Jones: Okay. Ms. Thompson: Okay. And we want to make sure that we state on the record exactly what it is that we're doing. Vice Chair Spence -Jones: Thank you, Madam Clerk. Ms. Bru: And it is -- Vice Chair Spence -Jones: Madam City -- Ms. Bru: -- an emergency ordinance, so we're -- I'm going to read it -- Vice Chair Spence -Jones: Yes. Ms. Bru: -- and then you would have to have two roll calls. Vice Chair Spence -Jones: Okay. Ms. Bru: Okay? All right. Commissioner Regalado: And the reason that you recommended that this will be an emergency is because the benefits of them not having to pay the amount of money that they're paying will kick immediately and not wait for a second reading. That is the reason, right? Ms. Bru: Correct. County Commissioner Gimenez: That is correct. Ms. Bru: Madam Chair, members of the Commission. City of Miami Page 36 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: Roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner -- I'm sorry. This is your first roll call on a modified emergency ordinance. Second roll call. Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been adopted as an emergency measure, 4/0, as modified. Mr. Simpson: Thank you very much. END OF FIRST READING ORDINANCES City of Miami Page 37 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RESOLUTIONS RE.1 08-00524 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 MANUEL GARCIA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $195,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-00524 Legislation.pdf 08-00524 Cover Memo.pdf 08-00524 Memo.pdf 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-08-0408 Vice Chair Spence -Jones: So we're going to move right into the resolutions for now to see how many we can get done, so we're going to start with RE.1. Is staff ready for RE.1? Julie O. Bru (City Attorney): Yes. Madam Chairman [sic] -- Vice Chair Spence -Jones: Yes. Ms. Bru: -- RE.1 is a resolution being presented by the City Attorney asking you to authorize a settlement on behalf of Manuel Garcia, and this is subject to the conditions imposed by Chapter 440 -- Commissioner Regalado: Move it. Ms. Bru: -- of the Florida Statutes. Commissioner Regalado: Second. Vice Chair Spence -Jones: I have a motion; I have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. RE.2 08-00731 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN City of Miami Page 38 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RE.3 08-00732 Department of Public Facilities AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNIVERSITY OF MIAMI ("UNIVERSITY") IN WHICH THE UNIVERSITY WILL AGREE, UPON WRITTEN REQUEST OF THE CITY OF MIAMI ("CITY"), TO BE DELIVERED TO THE UNIVERSITY NO LATER THAN OCTOBER 31, 2008, TO (I) ASSIGN TO AN ENTITY DESIGNATED BY THE CITY ITS INTEREST IN THE LEASE AGREEMENT BETWEEN THE CITY AND THE UNIVERSITY, DATED JULY 1, 1983, AS AMENDED, RELATING TO THE JAMES L. KNIGHT CONFERENCE CENTER ("CONFERENCE CENTER LEASE.), EFFECTIVE DECEMBER 31, 2009; OR (II) AMEND THE CONFERENCE CENTER LEASE TO PROVIDE THAT IT IS TERMINATED EFFECTIVE DECEMBER 31, 2009. 08-00731-Legislation-SUB. pdf 08-00731-Exhibit-SUB. pdf 08-00731 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0394 Vice Chair Spence -Jones: We move on to RE.2. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a resolution authorizing the Manager to execute an agreement with the University ofMiami in which the UM (University of Miami) will agree, upon a request by the City, to either assign its interest in the Knight Center Conference lease, effective December 31, 2009, or to amend that conference center's lease to terminate early with the same effective date of December 31, '09. We did issue a substitute resolution earlier in the week that amends the date by which the City must give written notice to the UM of which option it is exercising, and that new date is October 31, 2008. If we do not issue notice to the UM by that date, everything would remain stats quo, including their lease staying in place; that, with the options, would terminate in 2072. Commissioner Gonzalez: Move RE. 2. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE UNIVERSITY OF MIAMI TO PROVIDE FOR THE TERMINATION OF THE ORANGE BOWL USE AGREEMENT DATED JUNE 22, 1990, AS AMENDED, EFFECTIVE DECEMBER 31, 2007. City ofMiami Page 39 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 08-00732 Legislation.pdf 08-00732 Exhibit.pdf 08-00732 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0395 Vice Chair Spence -Jones: I want to move to RE.3. Commissioner Gonzalez: Move RE. 3. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Gonzalez: What was it? Ms. Thompson: Okay, no. I -- we have a couple of them that are being modified. I wanted to make sure we were staying on task. Thank you. Vice Chair Spence -Jones: Okay. RE.4 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 08-00580-Submittal-Brett Bibeau-Miami River Commission.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez Absent: 1 - Commissioner Sanchez City of Miami Page 40 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 R-08-0396 Direction by Commissioner Gonzalez to the City Manager to ensure that the monies approved by the City Commission are monitored and utilized for the purpose of educational programs related to the Miami River. Vice Chair Spence -Jones: So we're going to move to RE.4. Julianne Diaz (Assistant Director): Julianne Diaz, Public Works Department. RE.4 is a resolution authorizing the City Manager to execute an agreement with Miami River Fund, the financial agency for the Miami River for the provision of educational programs related to the Miami River for a three-year term, in an annual amount not to exceed $25, 000. Vice Chair Spence -Jones: Do I have a motion and a second on this item? Commissioner Sarnoff. Move it. Vice Chair Spence -Jones: Any questions? I have a motion. This item dies. Pedro G. Hernandez (City Manager): Madam Chair. Vice Chair Spence -Jones: Okay. Mr. Hernandez: If you allow me to place something on the record that the City has a requirement, as part of its statewide drainage permit, to put in an amount of $25, 000 a year into education of the programs and community outreach. We are doing this through the Miami River Commission, which provide those services for us to meet that requirement. I understand that Brett Bibeau is -- MRC (Miami River Commission) is passing out, I think, a document that talks about the activities that they provide for those funds and maybe he would like to place some of that on the record, but I wanted to express to the Commission that we do have a requirement, as a result of our statewide drainage permit, that requires our community outreach up to 25,000 and we're using this vehicle to achieve it. Vice Chair Spence -Jones: Okay. We have -- Commissioner Gonzalez: What -- Vice Chair Spence -Jones: I'm sorry. Commissioner Gonzalez: I have a question. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez, you're recognized. Commissioner Gonzalez: What does guarantee us that actually they're using this money for educational purposes and not to go against the City ofMiami policies in reference to the Miami River? Mr. Hernandez: Commissioner, that's a very good question, and we have contacted the MRC over the last month. They have eliminated an administrative cost that they had, and they're concentrating all the expenses on the educational aspect and providing educational materials related to the River. Commissioner Gonzalez: Okay. I'm going to ask you to make sure that you monitor this agency and make sure that the monies that we're approving today are specifically used for the purposes that the money are approved for. City ofMiami Page 41 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Mr. Hernandez: I will, sir. Maybe ifMr. Bibeau can actually place that on the record -- Vice Chair Spence -Jones: Brett, you're -- Mr. Hernandez: -- place -- Vice Chair Spence -Jones: -- recognized. Mr. Hernandez: -- the proposed benefits that you provide to the City. Brett Bibeau: Thank you, Madam Chair, Mr. Manager, Honorable City Commission. Brett Bibeau, managing director of the Miami River Commission with offices located at 1407 Northwest 7th Street. Perhaps it would be appropriate to briefly read into the record the letter from our chairman, Eric Buermann, which has been distributed. The Miami River Commission appreciates the City of Miami's continued annual $25, 000 share support pursuant to City Code, which has helped fund numerous environmental initiatives along the Miami River. We've enclosed our May 19, 2008 letter to City Public Works director, Grindell, summarizing the public outreach and environmental educational clean-up events conducted by the River Commission during the current fiscal year as required by the City's MPDES permit issued annually by the State, including but not limited to the creation of new publicly -accessible riverfront parks, restoration of the manatee mural beneath the Flagler Street bridge, tree plantings, and the removal of invasive species, litter and debris along the Miami River greenway. Currently, we are coordinating five upcoming volunteer events on August 11, August 30, September 20, October 12, and November 8, which will include the transformation of six currently vacant sites into publicly -accessible green spaces along the Miami River. As you recall, the item was deferred from the consent agenda on June 12, and we accept the proposed amendment to the renewed draft contract, which no longer allows any of the City's funding to be used towards one staffer salary. On behalf of the Miami River Commission, I look forward to continuing our partnership to beaut f the Miami River corridor. And, again, these dollars will be used specifically for programs to transfer vacant sites into publicly -accessible green spaces and assist the City in their efforts to keep the Miami River greenway clean and provide environmental education. Vice Chair Spence -Jones: Right. I believe we had a motion. Do we have a second on this item? Commissioner Gonzalez: I'll second. Vice Chair Spence -Jones: Okay. Commissioner Regalado: Comment. Vice Chair Spence -Jones: Sure. You're recognized. Commissioner Regalado: Not on this, but on this. Just an advice to the Administration from here to the budget process, there is the project of the scavenger that the Administration wants to eliminate. We cannot be the cleanest city if you eliminate projects that clean. We are just now awarding because we have to comply with the State a grant so we can keep the river clean, and you know, have educational problem [sic]. But that project is not only for the river, but on the canals, that they don't do canals. So I think that we need to consider either to go by the way of grants or partner with somebody because, you know, it will be a shame that those canals -- especially the little river and the canals near the airport that would not be clean. Unfortunately we cannot educate all the people all the time throughout all the City, and people keep throwing things and garbage and littering the canal. So I'm just saying that we should start thinking on the possibility of keeping that project going on. Thank you. City of Miami Page 42 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RE.5 08-00585 Department of Public Facilities Mr. Hernandez: Commissioner, ifI may, I do understand and concur with your statement, and I'm going to take a hard look at how we can maintain the operation of that service. Mr. Bibeau: Thankyou. Vice Chair Spence -Jones: Okay. I believe we had a motion and a second on this item. Any other questions? All in favor? Commissioner Regalado: Aye. Vice Chair Spence -Jones: All right, this item passes. Mr. Bibeau: Thankyou very much. Vice Chair Spence -Jones: RE .5. Commissioner Gonzalez: One no, all right? Vice Chair Spence -Jones: Let the record reflect one no. Ms. Thompson: Thank you. a 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. 08-00585a Legislation.pdf 08-00585a Exhibit.pdf 08-00585a Exhibit2.pdf 08-00585a Exhibit3.pdf 08-00585a Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Sarnoff and Sanchez R-08-0397 Vice Chair Spence -Jones: RE.5. City of Miami Page 43 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: Move RE. 5. Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. Is there anybody from staff that can put something on the record, though, please? Pedro G. Hernandez (City Manager): Sure. Vice Chair Spence -Jones: Got a motion and a second already. Mr. Hernandez: The is our land lease with the Federal Aviation Department for the use of a antenna site at Virginia Key, beginning October 1, 2008 and running for 10 years, at an annual rent of 21,500 per month or, I'm sorry, $1, 791 per month; and it runs for 10 years. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.6 08-00729 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE Improvements RENEWAL LETTERS TO ELEVEN (11) JOB ORDER CONTRACTORS ON Program ATTACHMENT A HERETO AND INCORPORATED HEREBY, EXERCISING THE CITY'S SECOND OPTION TO RENEW, CONTINUE, REINSTATE, AND TO EXTEND THEIR EXISTING JOB ORDER CONTRACTS WITH THE CITY TO CONTINUE TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE ON AN AS -NEEDED BASIS FOR CAPITAL PROJECTS; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00729-Legislation-SUB. pdf 08-00729-Exhibit-SUB. pdf 08-00729 Summary Form.pdf 08-00729 Text File Report.pdf 08-00729-Pre legislation-SUB.pdf 08-00729 Contract.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Sarnoff and Sanchez R-08-0398 Vice Chair Spence -Jones: RE.6. Commissioner Gonzalez: Move RE.6. Commissioner Regalado: Second. Vice Chair Spence -Jones: We have a motion. City of Miami Page 44 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: Second. Vice Chair Spence -Jones: We have a second. I'd like the staff to put something on the record, though. Ola Aluko: Ola Aluko, director of Capital Improvements, the City ofMiami. This resolution authorizes the City Manager to exercise the City's remaining options to renew the job order contracts and issue a renewal letter to 11 job order contractors. I do want to advise the Commission that there was a substitution on this item and -- due to scrivener's error. However, you do have the substitution in your package. Vice Chair Spence -Jones: All right, we had a motion; we had a section. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. Thank you, Mr. Aluko. RE.7 08-00730 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, APPROVING THE Capital PROCUREMENT OF SERVICES FROM THE GORDIAN ASSOCIATES, INC., Improvements F/K/A THE GORDIAN GROUP, INC. FOR THE CONTINUATION OF THE JOB Program ORDER CONTRACTING ("JOC") SYSTEM, UTILIZING EXISTING BROWARD COUNTY BID AND AGREEMENT SOLICITED PURSUANT TO REQUEST FOR LETTERS OF INTEREST ("RFLI") 20030617-0-FC-01, TO BE UTILIZED CITYWIDE ON AN AS -NEEDED BASIS, UNTIL SEPTEMBER 30, 2009, WITH THE OPTIONS TO RENEW TO BE APPROVED BY THE CITY MANAGER FOR TWO (2) ADDITIONAL ONE YEAR PERIODS, PROVIDED ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME; IN A CONTRACT AMOUNT NOT TO EXCEED $400,000 PER YEAR; ALLOCATING PROJECT FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS. 08-00730-Legislation-SUB. pdf 08-00730 Summary Form.pdf 08-00730 Award Recommendation.pdf 08-00730 Agreement.pdf 08-00730 I nsurance. pdf 08-00730 Exhibit A.pdf 08-00730 Exhibit B.pdf 08-00730 Letter.pdf 08-00730 Exhibit C.pdf 08-00730-Submittal-Division of Corporations Document. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0399 Vice Chair Spence -Jones: RE.7. Commissioner Gonzalez: Move RE.7. Commissioner Regalado: Second. City ofMiami Page 45 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RE.8 08-00736 Department of Capital Improvements Program Ola Aluko (Director, Capitallmprovements Program): RE.7 -- Vice Chair Spence -Jones: Put something on the record. Mr. Aluko: -- is a resolution authorizing the procurement -- authorizing the Manager for the procurement of service of the Gordian Group, Incorporated, for the continuation of a job order contracting. Again, there was a substitution on this item, a scrivener's error. The Gordian Group is being changed to the Gordian Associates, Incorporated. Vice Chair Spence -Jones: All right. I believe we had a motion; it had a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") DATED MAY 11, 2004, WITH PROFESSIONAL ENGINEERING AND INSP. CO., INC., D/B/A BUREAU VERITAS NORTH AMERICA, INC., FOR ADDITIONAL WORK NECESSARY FOR THE ORANGE BOWL STADIUM DEMOLITION PROJECT, B-30153, AND OTHER MISCELLANEOUS ENVIRONMENTAL ENGINEERING PROJECTS AS NEEDED CITYWIDE, IN AN AMOUNT NOT TO EXCEED $200,000, THEREBY INCREASING THE TOTAL AMOUNT OF THE PSA FROM $500,000 TO $700,00; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS. 08-00736 Legislation.pdf 08-00736 Exhibit.pdf 08-00736 Summary Form.pdf 08-00736 Memo.pdf 08-00736 Agreement.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, 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-08-0400 Vice Chair Spence -Jones: RE.8. Ola Aluko (Director, Capitallmprovements Program): RE.8 is a resolution to approve amendment number one for the professional service agreement with PEICO (Professional Engineering and Inspection Company) for the environmental engineering services. This resolution increases their contract from $500, 000 to $700, 000 in order to remed -- to analyze and conduct sample testing for the Orange Bowl site and other sites as deemed necessary throughout the City. Commissioner Gonzalez: Move it. City of Miami Page 46 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RE.9 08-00738 Department of Capital Improvements Program Vice Chair Spence -Jones: I have a motion. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: I have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE MUSEUM PARK COMMUNITY BENEFITS COMMITTEE (THE "COMMITTEE"), PURSUANT TO THE CITY COMMISSION'S DIRECTIVES OF MAY 22, 2008 AND JUNE 14, 2007, FOR A TERM TO BEGIN UPON APPOINTMENT OF ALL OF ITS MEMBERS TO SERVE FOR LESS THAN ONE (1) YEAR, UNLESS SUCH TERM IS EXTENDED BY AN ORDINANCE OF THE CITY COMMISSION; AUTHORIZING THE CITY COMMISSIONERS AND THE CITY MANAGER TO APPOINT THE COMMITTEE MEMBERS AS SET FORTH BELOW; DIRECTING THAT THE COMMITTEE MEET ON A MONTHLY BASIS AND REPORT TO THE CITY COMMISSION ON A REGULAR BASIS REGARDING RECOMMENDATIONS OF THE TERMS AND CONDITIONS OF A COMMUNITY BENEFITS AGREEMENT TO BE NEGOTIATED BY THE CITY MANAGER. 08-00738 Legislation.pdf 08-00738 Summary Form.pdf 08-00738 Text File Report.pdf 08-00738 MOU.pdf 08-00738 Minutes.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0401 Vice Chair Spence -Jones: RE.9. Ola Aluko (Director, Capital Improvements Program): RE.9. Roger Hernstadt (Assistant City Manager): RE.9 is -- Hi. Roger Hernstadt -- complying with the City Commission's directive on June 14 and May 22 regarding a museum park, community benefits committee associated with a memorandum of understanding, which is Resolution 08-0290, from May 22, among the City ofMiami, Miami -Dade County, Miami Sports & Exhibition Authority, Miami Art Museum, Miami Science Museum, and the Historical Association of South Florida. Commissioner Gonzalez: Move RE. 9. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: We have a motion and a second. City ofMiami Page 47 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: Madam Chair? Vice Chair Spence -Jones: I do have discussion on it, though. I have a discussion on it. You're recognized. Commissioner Regalado: Okay. This committee, which was mandated by the City Commission, who would they report to? Mr. Hernstadt: The City Commission. Commissioner Regalado: Why? Mr. Hernstadt: Because this activity is a precursor to the lease to MSEA (Miami Sports & Exhibition Authority) -- or the sublease from -- potential sublease from MSEA to the museums. Commissioner Regalado: So the City Commission has given the land for the museums to MSEA? Mr. Hernstadt: Not yet. Commissioner Regalado: Not yet. So you don't know if they're going to give it to MSEA? Mr. Hernstadt: Well, we're trying to put together the lease, and within that lease there'll be certain terms, and among those terms will be community benefit terms for the MSEA Board as well as the City Commission to consider when that lease is approved. Commissioner Regalado: Exactly. But the resolution says that this committee reports to the City Commission and not to MSEA. That's my point. Pedro G. Hernandez (City Manager): Commissioner, at this time in time, it would report to the City ofMiami because actually, the land hasn't been transferred to MSEA; and also because it's important that this committee works on the benefits issue before the lease item comes to the City Commission. The lease contains or asks that some of this benefit issues be looked at before you approve the lease and that's why it's important to do this now. Commissioner Regalado: And I know it's important, but the minute that MSEA gets the land, MSEA turns to the County and gives the land to the County, right? Mr. Hernstadt: When MSEA -- when the City gives the property to MSEA, leases it to MSEA, then MSEA will sublease it. The -- Commissioner Regalado: To? Unidentified Speaker: The County. Mr. Hernstadt: To the museums. Commissioner Regalado: To the museums or to the County? Mr. Hernstadt: Right now it's contemplated to be to the museums. Commissioner Regalado: It's contemplated to be to the museums. So what powers would this committee have? Mr. Hernstadt: This committee would advise the City Commission and MSEA, for that matter -- because they'll have a representative -- but on the status of the negotiations for a variety of City ofMiami Page 48 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 community benefits and the results of those negotiations during the lease deliberations. Commissioner Regalado: Okay, the lease, but here it says until, let's see, the museums open their doors, right? Mr. Hernstadt: I believe that's the next item. Commissioner Regalado: Okay, that's the next item. So the only mission of this committee will be to include in the lease with the museums all the benefits that the City Commission will demand. Is that correct? Mr. Hernstadt: Yes, sir. Try to negotiate those issues, yes, sir. Commissioner Regalado: Right. What if they don't accept it? Mr. Hernstadt: Commissioner, you know, if they don't accept it, then it's -- and if that condition is imposed by the City Commission and/or MSEA, then they'll have to not accept the deal. Commissioner Regalado: Then there is no deal. So the main mission of this group is to work on the benefits before the lease this time? Mr. Hernstadt: Correct. We're trying to get as many of those conditions enumerated and agreed to so they can be incorporated into the lease; and to the extent that there are others that have not been resolved, to bring those to the attention of the City Commission and MSEA so they can be dealt with. Commissioner Regalado: And do we know, Mr. Manager, when is timetable for the lease? Mr. Hernandez: Commissioner, I would say probably early -- late September, early October, plus or minus. Commissioner Regalado: So how many times this committee is going to meet before the lease is brought to this Commission? Mr. Hernandez: I would say at least a couple of times. Mr. Hernstadt: Commissioner, it's our hope that, if this item passes today, the Commissioners will -- can get us appointments by the end of the month, and we could begin to meet in August, if not sooner. Commissioner Regalado: I just want to understand what we are empowering here and the teeth that this committee has because hearing the discussion, the community benefits was paramount in all the discussion here on the museums; and if you're bringing the lease in October and they would meet twice, these are two very important meetings; and hopefully, in two meetings, they have to understand the future for the next 50 years and the benefits to -- Vice Chair Spence -Jones: The residents. Commissioner Regalado: -- all the City and coming back to the point. Can this committee and this Commission, being that the City is the entity through MSEA that is going to lease directly to the museum -- so the County's out -- can we impose a forever -clause that the City ofMiami resident pay half of the cost in all events? Is that a legal --? Mr. Hernstadt: Commissioner, we began to meet with the City Attorney's Office and others yesterday to try to understand what the County grant -- City ofMiami Page 49 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: The County is -- doesn't have anything to do with this because we're talking about the land. You just said that the County is out, so the land will be deed to MSEA; MSEA will lease to the museum, so it's only the City talking to the museums on this benefits -- community benefits. Mr. Hernandez: Commissioner, that is something that we have to really look into because the County, even though they are out of the, let's say land control aspect, they still contribute heavily to the construction of both museums, and those are general obligation bond monies that -- Commissioner Regalado: Which we pay. Mr. Hernandez: -- may carry with it -- Commissioner Regalado: Which we pay. Mr. Hernandez: -- which we participate in paying -- Commissioner Regalado: No. We pay. Mr. Hernandez: -- which we pay. Commissioner Regalado: Okay. Mr. Hernandez: We're part of the overall County that, in essence, may have restrictions that don't allow the, let's say, the benefit to be given to just the City. If we give a benefit, I believe it has to be countywide. Commissioner Regalado: Well -- but the people of the County are not giving the land. The people of the County are not paying the debt on municipal bonds that we are paying, so the museums can move forward with their projects because we have been -- and the people ofMiami pay GOB (General Obligation Bond) bond as County residents, so it's three times. Does it mean that it's three times and we struck out? Mr. Hernandez: Commissioner, I think that staff has to work with, I would say, the County, the museums on the details of the benefits, even in advance of the committee being established, and then -- Commissioner Regalado: And Mr. Manager, I don't -- Mr. Hernandez: -- bring that information to them. Commissioner Regalado: -- you know, I don't want to be -- I think this is a good committee. We should do this today. I'm in favor today. But here's the thing. When we were asked to do this deal from the City to MSEA, the argument was well -- you know, this is exactly what we did with the Children's Museum, so we don't have to go to a referendum, we don't have to go through the public process. It's exactly what we did. In the Children's Museums [sic], we were able to set many forever -regulations to them in behalf of the residents ofMiami. All I'm saying is that if this committee is as important as we believe it is, then we should have the possibility of -- as the host of this museum, impose some of the community benefits that we want, and one is a benefit for the residents of the City of Miami that are giving the land, are paying for municipal bonds and are paying for County bonds. So that's my whole thing. If we were told that we could do this, because it was exactly like the Children [sic] Museum, then we can do this, if it's exactly like the Children's Museum. So I'm just saying, you know, you cannot say one thing to get one thing and another thing when you just said what you said. So I don't want to delay more this, but I'm just City ofMiami Page 50 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 hoping that this committee and this member will come up with a real benefit to the City ofMiami residents. Yes, work for the people in Overtown. Yes, training for the people in the downtown area. Yes, you know, workshop for childrens [sic] from school, from Allapattah to Flagami, fine, but all the residents have to share the joy of having museums in their land, you know. This is the most precious land south of Manhattan, New York. There is no other downtown waterfront land south ofManhattan. No downtown south of Manhattan on any -- the east coast of the United States. So the residents are given this land, so all the residents should share in the benefits, as they do with the Children [sic] Museum, and that is my point. Mr. Hernandez: Commissioner, your point is very good, and this is part of what staff and this committee need to consider very strongly and then report back to the Commission. I agree. Vice Chair Spence -Jones: Commissioner Regalado? Commissioner Regalado: Yeah. Vice Chair Spence -Jones: Okay. Any other comments? I do have a comment on that. Of course, you know that I support this benefits committee. That was one of the main things that I pushed for if we were going to do anything with museum parks, is to make sure that we had some sort of benefits agreement in place for the community so that at least they have input from all of the areas that are going to be represented on this committee. I just want to just make sure that you put it on the record. First of all, I want to thank Roger -- Mr. Hernstadt: Thank you. Vice Chair Spence -Jones: -- for getting it done. I know that Commissioner Regalado has, you know, put a time frame around our first meeting. Not first meeting, but I guess this coming in front of us in October, andl know we almost lost about two months of time trying to get it prepared to come in front of the City Commission. Commissioner Regalado: I didn't put the time frame; the Manager did. Vice Chair Spence -Jones: Right. The Manager -- Commissioner Regalado: I just said that we only be able to have two meetings of this committee. Vice Chair Spence -Jones: And that was a point that really wanted to make sure -- you know, I think that it's really important that, you know -- we're already at the end of July -- we're going to be at the end of July. I'm assuming the appointees -- we're going to give you the appointees by the next Commission meeting. Is that what we're looking at doing, Roger? Mr. Hernstadt: We would appreciate that very much. Vice Chair Spence -Jones: Or does this have to be a Commission action, Madam Clerk? Commissioner Regalado: No. We can send it to the Clerk immediately. Vice Chair Spence -Jones: Okay. So really, perhaps, maybe there is a meeting that can take place. I mean, I know the folks that I'm going to ask to sit on this because I want to make sure I have representatives from either Little Haiti or Liberty City or one of my areas to sit on this so that they have participation, but I'm prepared to give those names ASAP (As Soon As Possible). I think that it's necessary that we do have more than two meetings before we discuss the lease. There's no way that you're going to be able to accomplish putting a community benefits agreement with only two meetings, so that's my recommendation that there at least be three or four meetings so that at least people have an opportunity to really voice their opinion or really City ofMiami Page 51 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 add something that really counts. I wanted to have clarity on it because when I saw the two items -- andl know we're only dealing with the first one -- there's a construction oversight committee and there is a community, I guess, benefits committee. We -- I know in our last Commission meeting in -- on May 22 we did not have two separate committees, you know, andl wanted to know where the second committee came from, like why we separated construction out of this, which I don't think is a bad idea. I mean, I think, on one end, we don't want to have, you know, one group be overburdened with handling all of these, you know, issues, but I just don't want the bureaucracy also to create an issue by having two different committees having two different things going on. Can you tell me how we ended up with two different committees? Mr. Hernstadt: Commissioner, we interpreted the directive to ask for two committees, and when we -- when I looked at it internally, what we saw was that although you can appoint the same person to both committees, we're concerned that if it was one committee, it would tie your hands and you might have to pick one skill set over another. By having two, you could have someone who has a particular skill set for the community benefits committee and have another individual who has another skill set for the project oversight committee; and to the extent that you feel the same benefit, you to appoint the same person to both, you could do that. Vice Chair Spence -Jones: Okay. And altogether, Roger -- just so that the people watching it -- how many people will actually be sitting on this committee, the benefits committee? Mr. Hernstadt: Each Commissioner appoints a member, the Manager has a representative, MSEA has a representative, and the three museums have a representative. That's ten. Vice Chair Spence -Jones: Okay. How do we get them on --? I'm just -- the whole -- I'm trying to understand how we got -- and that's what I wanted to be clear on. How do we get to -- because I know in -- during my communication the last time, it was -- I really wanted to make sure the community had somebody on this community benefits agreement. That's what it is, it's for the community. How did we get MAM (Miami Arts Museum) and all the rest of them on that particular committee? Mr. Hernstadt: Well, I think we need to, a, understand what they currently do; b, understand -- Vice Chair Spence -Jones: Right. Mr. Hernstadt: -- through you all -- Vice Chair Spence -Jones: But they -- that could be accomplished with a presentation from MAM so that -- for them to understand. I just think that it's -- you know, I'm trying to understand why you have -- who'd you say, MAM? Mr. Hernstadt: MAM, science, and the historical museum, which are the three museum components that are there. Vice Chair Spence -Jones: Okay. So why do we have three -- Mr. Hernstadt: So we -- Vice Chair Spence -Jones: -- of them being represented -- Mr. Hernstadt: Well, we have -- Vice Chair Spence -Jones: -- on -- Mr. Hernstadt: I'm sorry. City of Miami Page 52 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: -- a community -- pull a community benefits agreement together? Mr. Hernstadt: We have the representatives from the City Commission. They then have ideas. Can we do this? We need the museum people to basically -- Vice Chair Spence -Jones: Yeah, but I think -- Mr. Hernstadt: -- kind balance of that as to what would be -- Commissioner Regalado: But that's a conflict of interest. Vice Chair Spence -Jones: Yeah. I don't think that's a good idea, at all. Commissioner Regalado: That's a conflict of interest because we're going to be adversarial -- Vice Chair Spence -Jones: No. Commissioner Regalado: -- if the City were to recommend something that the museums don't want, and that would be -- Vice Chair Spence -Jones: I think that's a horrible idea. Commissioner Regalado: -- the lease negotiations. Vice Chair Spence -Jones: I think it's a horrible idea. Commissioner Regalado: I mean -- Vice Chair Spence -Jones: I don't -- I'm sorry. Commissioner Regalado: -- if we're all going to be happy, then we don't need the committee; we just tell them and they accept it, but -- Julie O. Bru (City Attorney): Madam Chair? Vice Chair Spence -Jones: You're recognized. Commissioner Regalado: -- you cannot have the -- it's like having the City and the County on the same committee discussing an issue that -- it is not -- it doesn't look right, but anyway -- whatever. Ms. Bru: Madam Chair, for clarification. Vice Chair Spence -Jones: Yes. Ms. Bru: The resolution that you have in front of you is establishing a committee that is charged only with overseeing the fulfillment of the terms and conditions of a community benefits agreement that's going to be negotiated by the Manager with MAM, the science museum, and the historical society. I think that I'm hearing here that there might be the impression of this Commission that this committee is also going to participate or have input into the actual negotiation and the terms of the agreement. Vice Chair Spence -Jones: No, but that's -- Madam -- City of Miami Page 53 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Ms. Bru: That's not going to happen. Vice Chair Spence -Jones: -- City Attorney, now you made it worse -- Ms. Bru: Well -- Vice Chair Spence -Jones: -- because -- Ms. Bru: -- I just want to make clear that you -- Vice Chair Spence -Jones: I know, but you -- Ms. Bru: -- understand what they're going to do. Vice Chair Spence -Jones: -- made it worse from the standpoint for me now because if that is the case, then I definitely don't want them to be sitting on a community benefits committee, even giving their recommendation for them to turn around and then negotiate with you on an agreement. I mean, I didn't expect the community benefits committee -- I didn't expect for the community benefits agree -- committee to be negotiated, no. I -- you know, just like any other community benefits package we pull together, they make recommendations and they bring it to MSEA board or City Commission. Some of the things we accept; some of the things we don't, but let's get the input from the community on what they think is important to have happen in these parks. It's going to be a lot of money spent in these parks. So my point is I think that I would like to def -- I can't amend it, but I would hope that somebody else would amend this issue to not -- to really let it be focused on community folks that would sit on -- at least for the community benefits committee and keep that separate, and it's a recommendation. Either one of these groups can come, make presentations, even sit there. These are going to be open meetings, correct? Mr. Hernstadt: Yes. Mr. Hernandez: Yes. Vice Chair Spence -Jones: So they can have people -- staff there too, you know, make comments or bring comments or bring information, butl think it's totally a conflict to have, you know, them sitting on a committee that may affect their management agreement or their lease agreement. That's crazy. Mr. Hernandez: Madam Chair, I'm open -- Commissioner Gonzalez: I -- Mr. Hernandez: -- to, in essence, eliminate or taking out those three members from the three museums, and then it will revert back to seven, which is one from each Commissioner; one from the Manager and one from MSEA. Vice Chair Spence -Jones: Yeah. I think that's -- that makes the most sense. I'm sorry; I want to recognize Commissioner Gonzalez. Commissioner Gonzalez: What I recommend is that we continue these two items in reference to these two committees until the Administration can provide each one of us what the composition of the committees are go to be, what are going to be the duties of the members, responsibilities, you know -- Vice Chair Spence -Jones: I think you're absolutely right. City of Miami Page 54 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: -- powers, if they're going to have any powers at all, you know -- Vice Chair Spence -Jones: I think you're -- Commissioner Gonzalez: -- and bring it back. Vice Chair Spence -Jones: -- absolutely right. Commissioner Regalado, you're recognized. Commissioner Regalado: Okay. If we continue this, then the Manager is going to have the same timetable that he express, so the committee will be able to meet one day before the Manager finalizes the lease. Vice Chair Spence -Jones: But who put this time -- I'm sorry -- frame? Commissioner Regalado: The Manager did. We didn't. Vice Chair Spence -Jones: Okay. Mr. Manager, that means we'd have to push back your time frame. Are you okay with that? Mr. Hernandez: Madam Chair -- Vice Chair Spence -Jones: I mean, it's -- Mr. Hernandez: -- honestly, I would like to see you take action on this item today and allow us to move forward with an amended membership to this committee, so we can start negotiations with the museums and report back to them and work with them. Vice Chair Spence -Jones: Mr. Manager, but I think that Commissioner Gonzalez has made an excellent point this afternoon, you know. He's basically stating a lot of truth. This -- you know, we need -- you guys need to hammer out what this committee's going to actually be able to do and accomplish, andl think that you have Commissioners sitting up here that are not clear on what that means, so to me, I would rather do it right than to rush it. Commissioner Sarnoff. Oh, can I come in? Vice Chair Spence -Jones: You're recognized, Commissioner Sarnoff. Commissioner Sarnoff. Well, I've got to tell you, the first time I've ever seen the City Commission act like a bunch of lawyers, andl want to say it's good to see you up here. Vice Chair Spence -Jones: You're rubbing off on us. Commissioner Sarnoff. Must be. I think this is pretty simple. I think what this -- andl actually was in favor of keeping the others on the committee, butl understand your point. There's going to be a physical confine. There's going to be a limitation that suspect that MAM will profess, as well as science, as to the usable square footage. They're going to come to us and suggest how much per square foot they're going to need to raise. I'm sure this Commission andl suspect the County Commission is not ready or even going to consider an increase in anyone's operating budgets for the next fiscal years. It's just not going in that direction. So I think what we should do is understand that this is a committee, like most of our -- PAB (Planning Advisory Board), Zoning, they give us a recommendation. They come up with ideas -- Commissioner Spence -Jones is right -- that we never thought of because most of us are not artists; some of us are not scientists. We sound like a bunch of damn lawyers is what we sound like. So what I suggest we do is -- I would yield and accept the amendment and suggest that we take the three City of Miami Page 55 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 people off the board, create the board; let's see where it goes. It's going to make a recommendation to us. At some point, we're going to be required to vote on a lease. This Commission is going to make that determination probably by having conversations with its board members, and you're either going to reject what some of them have to say or accept what some of them have to say. You know, when the City Manager comes before us and says to us, I expect October, usually, that's December to me. Things take a little bit longer. I suspect our budget is going to be a little longer than we'd all prefer. And, you know, I think it's time to allow these folks to either get started or not get started, but putting things off is probably not the right thing to do in this circumstance because it's just a recommendation board. So I would move the item, as amended, excluding the three people; andl suggest that each one of us appoint somebody as quick as possible and just see where we go with the understanding it's a board that's going to make recommendations. Vice Chair Spence -Jones: Okay. We had a motion -- Commissioner Gonzalez: I believe that I had made the motion, right? Ms. Thompson: Thank you. Madam Chair -- Vice Chair Spence -Jones: Okay. Ms. Thompson: -- ifI may let you know -- Vice Chair Spence -Jones: Right. Ms. Thompson: -- that the motion was actually -- the maker of the motion was actually Commissioner Gonzalez and Commissioner Sarnoff second it, so -- Commissioner Gonzalez: So what you need is a seconder. Commissioner Sarnoff. So I would be -- how do I do that? He would have to accept the new -- Ms. Thompson: That -- Commissioner Sarnoff. -- amendment -- Ms. Thompson: -- he would have to accept the friendly -- Commissioner Sarnoff. -- and the seconder. Ms. Thompson: Thank you. Commissioner Gonzalez: Yeah, I'll accept the amendment. Commissioner Sarnoff. Andl will accept his modification, which was my modification, but it couldn't be mine because it was his. Commissioner Gonzalez: All right. It's a resolution, so -- Vice Chair Spence -Jones: Okay. So I just want to be clear. So we had a motion; we had a second, with the amendments of removing the three board members, with us -- as City Commissioners, I'm understanding we're giving you these names as soon as -- quickly as possible. I just want to also make sure that on there -- because I did mention this earlier -- that I think that it's extremely important for us to have more than two meetings take place, Mr. Manager. We do not want this to feel rushed at all, so I want to make sure that that is in there City of Miami Page 56 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 also. Yes, Madam Clerk, you were going to -- Ms. Thompson: I just want the record to reflect that the action you're about to take is only on RE.9 because -- Commissioner Gonzalez: Correct. Ms. Thompson: -- we did wind up mixing discussions about RE.10. You're actually acting on RE.9 Ms. Bru: Okay. And Madam Chair, ifI may, please. One more thing that think you need to do. It was a little confusing, and hadn't had time to review this. As you noticed, I didn't sign off on this. But if this committee is going to exist for a period in excess of one year, then you would have to have brought this by ordinance, so we can amend -- modin, this resolution; this committee can sunset in one year. If you want to then extend the term, we can bring it back by ordinance. So I would modify this to include a provision that the committee shall -- I guess, you know, the term of this committee will be no longer than one year. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Maker of the motion accept the other amendment. Commissioner Sarnoff. No, I don't accept it. Commissioner Gonzalez: You don't? Commissioner Sarnoff. I don't think this committee should sit for a year. Vice Chair Spence -Jones: Oh, yes. Ms. Bru: Then we need to do an ordinance. Vice Chair Spence -Jones: Yeah, we definitely need to sit this for a year because we don't want to just make recommendations and then there's no follow-through. Commissioner Sarnoff. I don't -- then -- Vice Chair Spence -Jones: Let's -- you want to call a vote? Because --I mean, I'm just telling you based upon my experience with at least one of the organizations. I've heard them make commitments and they have not happened, so I definitely don't want to be in a position where, you know, my community or a representative from my community makes a recommendation, you know, on an item, you know, or a recommendation that some -- and we all agree that that's what it's going to be, and then one year later, those things have not happened. Commissioner Sarnoff. Wait, wait, wait. That's called a breach of contract. That's called a breach of lease. These folks are here to create terms and conditions to a lease that will be either executed at the MSEA level or by the City level. When they fail to live up to that lease, then you should bring a motion before the City Manager to take legal action to terminate that lease. Vice Chair Spence -Jones: Can I ask a question? What is the problem with a committee --? And I could just tell you a perfect example, Little Haiti Park. I had a special community meeting that I had for almost a year to the grand opening of the park, and it was extremely important because it gave people the opportunity to add their input. So, for me, I'm fine with public process, I'm fine with people being engaged in what's going on. And believe me, we know this, that Museum Park is much bigger than Little Haiti Cultural Complex. So you know, I don't -- once they agree City of Miami Page 57 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 in October that, you know, these are the community benefits, you know, that are a part of the overall lease, that's fine, but this committee could sit for the rest of the year on other key issues that they -- that were supposed to be included in the overall agreement to make sure that that happens. Commissioner Sarnoff. Well -- Vice Chair Spence -Jones: I don't think -- Commissioner Sarnoff. -- I don't want to suggest to you that I'm against public process. However, I am a lawyer, and there's going to be a contract; and these folks are here to create a community benefits agreement pursuant to a contract. You cannot cede your authority or give your authority to the City Manager such that you can allow a board to decide whether they're in compliance. Vice Chair Spence -Jones: But Mr. -- Commissioner Sarnoff. You, as a Commissioner, don't -- as a Commission, cannot cede that authority. And it is for this City Commission, along with this City Manager, to determine that those particular contractees [sic] are in compliance. You're creating a level of government that's beyond the Constitution. Vice Chair Spence -Jones: But -- and Commissioner Sarnoff, you're right, I'm not an attorney; you are the attorney. I'm just a Joe Blow citizen that -- you know, I know that my residents will have a issue or concern with things that are going to happen within the park, andl think that it's extremely important to keep the process open. And if there are issues and concerns that are taking place -- and I can tell you -- and Ola can step up to this mike to let you know right now when these projects begin, there are certain commitments that are made or things that are said regarding construction, regarding small business, regarding a whole bunch of other things that don't take place. This gives the community the opportunity to come in front of this particular community benefits committee to say, look, we recognize that certain things are not happening. They have the opportunity to express or voice their opinion about these things to make sure that it gets done, and I don't -- I think that this committee could be that. Commissioner Sarnoff. Well, you just passed a CBE [sic], which will -- I suspect will pass on second reading -- Vice Chair Spence -Jones: I'm not -- a community ben -- Commissioner Sarnoff. -- and it's -- let me just say -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. -- and a CBE [sic] -- Vice Chair Spence -Jones: I'll let you finish. Commissioner Sarnoff. -- is what I think you're suspecting will be part of the contract process for the building and the museum. If they hire or don't hire 25 percent of the CBE [sic], you know, either they want the bonus or the opportunity for the bonus, or they don't want the bonus, but to turn around and have a group of citizens to determine whether you're in compliance of contract -- because that's all they're supposed to be doing here is determining what are the contractual terms to this lease. Vice Chair Spence -Jones: Okay. And, again, in -- from where I'm from, a community benefits City of Miami Page 58 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 agreement is not just that one item. I mean, that -- it's several different items. It's several different things that come up as key issues. I'm just trying to understand why you have a problem with the community -- a representative from each one of our communities being able to have a voice or an opinion about something that is going to be this major for the City. I just -- and you've been pretty open about the community being involved in all kinds of issues. Why not this one? Commissioner Sarnoff Because I'm lost. Because -- maybe you want to expand upon what this particular committee's supposed to do. The resolution we passed was to create a committee that was going to consider things that were going to be part of a lease opportunities in MAM, andl guess as well as in Science, should they ever come up. And what you're creating now is you are creating an oversight committee to the entire MAM and/or Science project, andl don't know that that was ever contemplated; andl don't even know that it could be done at this juncture. Vice Chair Spence -Jones: Okay. Well -- Ms. Bru: Commissioner Sarnoff, the resolution does say specifically that the committee would be charged with overseeing -- Vice Chair Spence -Jones: Yeah. Ms. Bru: -- the fulfillment of the terms and conditions of the -- Vice Chair Spence -Jones: Always been there. Ms. Bru: -- community benefits agreement. It would act as an oversight committee that would ensure that the -- it would ensure that there is compliance with the terms and conditions that were negotiated and included in the sublease. That's what this resolution, presented to you by your Administration, expresses. Commissioner Sarnoff So they're going to interpret the contract and determine whether they're in compliance of the contract? I don't think this Commission could cede that kind of -- I don't think you could cede that jurisdiction to them. Vice Chair Spence -Jones: Well, we -- I'm almost sure that this has happened before. Ms. Bru: It would just -- Vice Chair Spence -Jones: We have had several community oversight boards to take place on -- Ms. Bru: It's just advisory, yeah. Madam Chairman [sic] and Commissioner, it would just be advisory. They would just serve in an advisory capacity. They would not be -- the final determination would not be coming from them, but they would advise you on what they found with respect to compliance and fulfillment. Vice Chair Spence -Jones: And l just can't really understand why we would not want that. Roger, how much -- when it's all said and done in Museum Park, how much money would have been spent there for these major developments, just so that we can put on the record so the folks watching at home can hear and know. Mr. Hernstadt: Roughly, $300 million on the park component. Vice Chair Spence -Jones: Okay. So what is the problem with making sure that our citizens have some sort of input? City of Miami Page 59 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Mr. Hernstadt: Madam Chair, I think, you know -- and I'm -- at this point I'm really concerned about getting these terms and conditions in the lease, and hopefully they could be crafted in a way that are very black and white, but to the extent that they're gray and once we know what they are, if the Commission sees a need for continuing monitoring or whatever by the committee, we're not opposed to that -- Vice Chair Spence -Jones: Thank you. Mr. Hernstadt: -- but our emphasis is really at this point is to get the committee up and running so we can get these terms and conditions identified so we can get them in a lease in a timely basis; and for the City not to be accused -- falsely accused by anybody of delaying the project. Vice Chair Spence -Jones: I know we had a motion; we had a second on this item, andl know that our City Attorney asked for the amendment. Do we get an accept -- did we -- are we accepting her amendment regarding the --? Ms. Bru: I am just making sure that you understand that if you're going to create a board, a committee that -- whose life is going to extend over a year, it has to be done by ordinance. So if you want to move this forward, you can pass this by resolution today, with a term limit of no longer than a year; and at the end of the year, if you want to continue the life of this committee, we can bring it back -- or at any time -- as an ordinance. Vice Chair Spence -Jones: So -- as an ordinance, but right now it could just be for the year for now and then, after -- Ms. Bru: Correct. Vice Chair Spence -Jones: -- the year, if -- you know, Commissioner Sarnoff, if it's not working for whatever reason, we have a year, butl think it's really important to allow for people to have their input and -- Are we going to take a vote on this item or --? Because I really -- I need to take -- Commissioner Gonzalez: Well, I -- Vice Chair Spence -Jones: -- a two -minute break if that's not -- if we're going to -- if we have more discussion on it. Commissioner Gonzalez: -- have to withdraw my motion as I had presented it with the two amendments. Now I'm ready to move the item as presented with the condition that the board may exist up to a year and then, if we need to extend it more than a year, we'll have to bring it back. Vice Chair Spence -Jones: But we still also want to make sure those three people are -- because your motion -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Right. And the amendment of the three people. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. I accept the second. City of Miami Page 60 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. I accept as an amended second. Vice Chair Spence -Jones: All right, so all -- Ms. Thompson: That's fine. Vice Chair Spence -Jones: Okay. So we had a motion; we had a second. All in -- and l just want to make sure, Mr. Manager, more than two meetings, correct? Mr. Hernandez: Yes. Vice Chair Spence -Jones: Okay. Mr. Hernandez: And Madam Chair, when I said October, I said -- I was approximating. Vice Chair Spence -Jones: I just want to make sure. And can I ask this question real fast to Roger before we close out? Who chairs this meeting? How is the chair selected? Mr. Hernstadt: The committee members will select a chair. Vice Chair Spence -Jones: The members themselves. Okay, no problem. So all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.10 08-00737 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE Capital MUSEUM PARK PROJECT FUNDING AND CONSTRUCTION OVERSIGHT Improvements COMMITTEE (THE "COMMITTEE"), PURSUANT TO THE CITY Program COMMISSION'S DIRECTIVES OF MAY 22, 2008 AND JUNE 14, 2007, FOR A TERM TO BEGIN UPON APPOINTMENT OF ALL OF ITS MEMBERS TO SERVE FOR LESS THAN ONE (1) YEAR, UNLESS SUCH TERM IS EXTENDED BY AN ORDINANCE OF THE CITY COMMISSION: AUTHORIZING THE CITY MANAGER TO APPOINT THE COMMITTEE MEMBERS AS SET FORTH BELOW; DIRECTING THAT THE COMMITTEE MEET ON A MONTHLY BASIS AND REPORT TO THE CITY COMMISSION REGULARLY. 08-00737 Legislation.pdf 08-00737 Summary Form.pdf 08-00737 Text File Report.pdf 08-00737 MOU.pdf 08-00737 Minutes.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0402 Vice Chair Spence -Jones: We move on to RE (Resolutions) -- City of Miami Page 61 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: I'll move RE.10 with the same conditions ofRE.9. Vice Chair Spence -Jones: Okay. We have a motion. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item -- Roger Hernstadt (Assistant City Manager): Thank you, Madam Chair. Vice Chair Spence -Jones: -- passes. Mr. Hernstadt: Thank you, Commissioners. RE.11 08-00739 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), ACCEPTING THE BID RECEIVED MARCH 24, 2008, Improvements PURSUANT TO INVITATION FOR BIDS NO. 07-08-012, FROM HORIZON Program CONTRACTORS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "TAMIAMI STORM SEWER IMPROVEMENTS, B-50706," IN AN AMOUNT NOT TO EXCEED $969,448, FOR THE SCOPE OF WORK, PLUS $110,000, ADDITIONAL OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $1,079,448; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM NO. B-50706; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00739 Legislation.pdf 08-00739 Exhibit.pdf 08-00739 Exhibit2.pdf 08-00739 Exhibit3.pdf 08-00739 Summary Form.pdf 08-00739 Formal Bid.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0403 Vice Chair Spence -Jones: It is now -- Commissioner Sarnoff. Oh, take your break. It's okay. Commissioner Gonzalez: 11: 55. Vice Chair Spence -Jones: -- 11: 55, andl have to go pay the -- City of Miami Page 62 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RE.12 08-00740 Department of Purchasing Commissioner Gonzalez: I'm ready to move -- Vice Chair Spence -Jones: -- water bill for two seconds. Commissioner Sarnoff. Wait. He wants to move it. Commissioner Gonzalez: I'm ready to move RE.11. Commissioner Sarnoff. Second. Commissioner Gonzalez: I mean, that's a simple one. Vice Chair Spence -Jones: Okay. I have a motion. I have a second. Ola, is there anything in particular you need to put on the record? Ola Aluko (Director, Capitallmprovements): Just -- Vice Chair Spence -Jones: Okay. Mr. Aluko: -- accept a bid to authorize execution of the agreement. Vice Chair Spence -Jones: Okay, so all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED APRIL 23, 2008, PURSUANT TO INVITATION FOR BID NO. 70043,1, FROM VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROVISION OF AUTO AND TRUCK BODY REPAIRS AND PAINTING TO CITY OF MIAMI ("CITY") VEHICLES, 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(1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00740 Legislation.pdf 08-00740 Summary Form.pdf 08-00740 Award Recommendation.pdf 08-00740 Award of Bid.pdf 08-00740 Tabulation.pdf 08-00740 Notice.pdf 08-00740 Addendum.pdf 08-00740 RFLI.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0404 City of Miami Page 63 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Sarnoff. Move RE.12. Commissioner Gonzalez: Second. Commissioner Sarnoff. Oh, sorry. Vice Chair Spence -Jones: Okay. All right, I have a motion. I have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Do you need to put anything -- does staff need to put anything on the record for RE.12? It's about trucks and auto repair. Commissioner Gonzalez: It's actually -- who's -- anybody from the Administration to put something on the record on this item? Vice Chair Spence -Jones: Roger -- Pedro G. Hernandez (City Manager): On RE.10, this is to provide -- 12? Commissioner Gonzalez: 12. Vice Chair Spence -Jones: 12. Mr. Hernandez: Okay. Commissioner Sarnoff. It's the paint. Mr. Hernandez: I'm sorry. RE (Resolutions) -- Roger Hernstadt (Assistant City Manager): Yeah. This is the contractual body work -- Commissioner Gonzalez: It's a contract for -- Commissioner Sarnoff. Right. Commissioner Gonzalez: -- truck repairs and auto repairs. I mean -- Commissioner Sarnoff. It's an auto repair -- Vice Chair Spence -Jones: Right. Commissioner Sarnoff. -- business. Mr. Hernstadt: Yeah. This is -- these are -- Commissioner Sarnoff. We have lousy drivers in the City ofMiami. They're constantly getting in accidents. We have to have a contract because we have bad drivers, and the City employees are wrecking cars, and we got to get into a program and making them drive better. Hey -- there you go. Vice Chair Spence -Jones: All in -- Glenn, I guess they've already handled your -- that particular -- all in favor on this particular item -- Glenn, you want to put something on the record? Glenn Marcos (Director, Purchasing): IfI may because it's extremely -- City ofMiami Page 64 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: RE.12. Mr. Marcos: -- important. It's RE.12. Glenn Marcos, Purchasing director. Vice Chair Spence -Jones: Yes. Mr. Marcos: I do want to state for the record -- it's great news -- is that we do have, as part of this contract, all local vendors. Commissioner Gonzalez: Okay. Mr. Marcos: And for the record -- andl would love to read it out loud -- it's World Motor Corp., Cubanshine Frame & Body Shop, Molina Garage, Espana Body Shop, Crony Body Works, US Body Shop, andAldo's Corner. They're all City ofMiami vendors. This particular -- Vice Chair Spence -Jones: You hear that, Commissioner Gonzalez? Commissioner Gonzalez: That's good, all City -- Mr. Marcos: Okay. Commissioner Gonzalez: -- ofMiami vendors. Mr. Marcos: This particular invitation for bid in which was issued was only for City ofMiami vendors. Vice Chair Spence -Jones: Okay. Mr. Marcos: Okay. Commissioner Gonzalez: That's great. Commissioner Sarnoff. I've come to the conclusion, the one thing we do well in the City of Miami is drive cars. Commissioner Gonzalez: Drive cars, yeah. Vice Chair Spence -Jones: All right. We had a motion and a second that item. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. The item passes. RE.13 08-00741 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED APRIL 28, 2008, PURSUANT TO INVITATION FOR BID NO. 34018,2, FROM VARIOUS VENDORS, FOR THE PROVISION OF OEM PARTS AND REPAIRS, 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 (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 65 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 RE.14 08-00521 Department of Capital Improvements Program 08-00741 Legislation.pdf 08-00741 Summary Form.pdf 08-00741 Award Recommendation.pdf 08-00741 Tabulation Sheet.pdf 08-00741 Addendum 2.pdf 08-00741 Sourcing.pdf 08-00741 I FB. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0405 Vice Chair Spence -Jones: We getting -- I'm going to try to get through them. RE.13. Commissioner Gonzalez: I'll move RE.13. Vice Chair Spence -Jones: I have a motion. I have a second. Glenn, do you need to put anything --? Well, I don't have a second. Priscilla A. Thompson (City Clerk): I didn't hear a second. Commissioner Sarnoff. Yeah, second. Commissioner Gonzalez: It's buying parts and repairs. Vice Chair Spence -Jones: Anything -- Glenn Marcos (Director, Purchasing): Yes. For the record, this is an item before you, City Commissioners -- again, for the record, Glenn Marcos, Purchasing director. This is an OEM (Original Equipment Manufacturer) parts and repairs citywide contract. This contract is for two years, with options to renew for two additional one-year periods. You do have various vendors as part of this contract. It will be used primarily by GSA (General Services Administration) and Fire -Rescue on an as -needed, when -needed basis. The estimated total contract amount is 3.2 million, which is an annual amount of $800, 000. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH COOPER, ROBERTSON AND PARTNERS, LLP., THE TOP -RANKED FIRM, PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 05-06-119, TO PROVIDE PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $5,991,000, FOR THE MUSEUM PARK PROJECT, B-30538; ALLOCATING FUNDS FROM SUNSHINE STATE LOAN PROCEEDS, B-30538 City of Miami Page 66 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 AND OTHER FUNDING SOURCES AS AVAILABLE. 08-00521-Legislation-SUB. pdf 08-00521 Exhibit.pdf 08-00521 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0406 Commissioner Gonzalez: Move RE.14. Vice Chair Spence -Jones: RE.14 -- I'm understanding that this may be withdrawn from the floor. Is it going to be --? Pedro G. Hernandez (City Manager): No. Ola Aluko (Director, Capitallmprovements): No. Vice Chair Spence -Jones: Okay. Mr. Hernandez: No. Mr. Aluko: RE.14 is a resolution authorizing the Manager to execute a PSA (Professional Services Agreement) for -- Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chair Spence -Jones: Yes, Madam Clerk. I'm sorry. Ms. Thompson: Does RE.14 require four fifths? Unidentified Speaker: It does? Commissioner Gonzalez: It require four fifth? Vice Chair Spence -Jones: Madam City Attorney, does it? Julie O. Bru (City Attorney): No. No, it does not. Commissioner Gonzalez: No. It's not an emergency ordinance. Mr. Aluko: It's not an emergency. Ms. Thompson: Okay. I just wanted to make sure 'cause I -- if it's either this one or the next one. Ms. Bru: Yeah. Ms. Thompson: Wanted to make sure. Thank you. Vice Chair Spence -Jones: Okay. So we had a motion on this item. Commissioner Gonzalez: Yes. City of Miami Page 67 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Second. Would you like to put something on the record -- Mr. Aluko: Yes. Vice Chair Spence -Jones: -- on this, though? Mr. Aluko: It's a resolution authorizing the Manager to execute the PSA for the agreement for the Museum Park projects. And just for the record, you were just recently handed a substitution, a scrivener's error, again, for the record. Vice Chair Spence -Jones: No problem. Ms. Bru: Madam Chair -- Vice Chair Spence -Jones: Yes, ma'am. Ms. Bru: -- for the record, the substitution is not a scrivener's error. Vice Chair Spence -Jones: Okay. Ms. Bru: There is a whole attachment that's being added to this resolution, and also, we're changing it to provide that the agreement that's going to be executed will be in a form acceptable to the City Attorney, not in substantially the attached form because I don't think that my office has had the opportunity to review this agreement yet. Vice Chair Spence -Jones: No problem. Okay. All right, so we had a motion; we had a second. Commissioner Gonzalez: Yes. Vice Chair Spence -Jones: Do we have a motion? Commissioner Gonzalez: Yes. Commissioner Sarnoff. Yeah, you do. I'm just trying to figure out what was said there. I thinkl saw some -- Vice Chair Spence -Jones: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. -- infighting there. What does that mean, you haven't reviewed the form? Vice Chair Spence -Jones: Did -- have you review --? Ms. Bru: The agreement that you are authorizing the Manager to execute -- Commissioner Sarnoff. Right. Ms. Bru: -- normally would have been reviewed by the City Attorney's Office, and that's why your resolution would have said "in substantially -- Commissioner Sarnoff. As -- Ms. Bru: -- the attached form." We have not had the time to review the agreement because, as I City of Miami Page 68 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 understand, there was negotiation going on 'til the last minute. So what you have is an attachment that was handed to you right now that provides the business terms and my office will review the agreement. So the resolution that you will be voting on now will say that you're authorizing the Manager to execute an agreement in a form acceptable to the City Attorney. Commissioner Sarnoff.. And if it's not acceptable to you, you'll come back to this -- Ms. Bru: It will come back. Commissioner Sarnoff.. -- Board. Ms. Bru: And we -- Commissioner Sarnoff.. Okay. Ms. Bru: -- will not be looking at the business terms. Commissioner Sarnoff.. Understand. Ms. Bru: We'll just be looking at legal sufficiency. Commissioner Sarnoff.. Right. Okay. Commissioner Gonzalez: As amended. Mr. Aluko: Thank you. Vice Chair Spence -Jones: Okay, so I just want to -- Commissioner Sarnoff.. As stated. Vice Chair Spence -Jones: Ms. City Attorney, so you feel comfortable with moving ahead with this? 'Cause I want to make sure that you feel comfortable. Ms. Bru: Yes. Vice Chair Spence -Jones: Okay. Ms. Bru: Yes, Madam Chair. Vice Chair Spence -Jones: No problem. So all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RE.15 08-00771 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Office (4/5THS) AFFIRMATIVE VOTE, GRANTING AN INCREASED NUMBER OF CLASS I SPECIAL PERMITS (BEYOND THE TEN (10) SPECIAL EVENTS ALLOWED PER YEAR), FOR THE ARSCHT CENTER, LOCATED AT 1300 BISCAYNE BOULEVARD, MIAMI, FLORIDA, THROUGH DECEMBER 31, 2008, TO ACCOMMODATE AN ADDITIONAL TEN (10) EVENTS RELATED TO SAID ARTS CENTERS RELATED OR ALLIED SUB -EVENTS. City of Miami Page 69 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 08-00771 Legislation.pdf 08-00771 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0409 Vice Chair Spence -Jones: RE.15. Commissioner Gonzalez: Move it. Priscilla A. Thompson (City Clerk): That's the one that requires a four fifths. Vice Chair Spence -Jones: Okay. This one requires a four fifth. Increase class permits. Is there somebody from --? Pieter, you're recognized. Pieter Bockweg (Assistant to Senior Director): Pieter Bockweg, Building, Planning & Zoning. This is a resolution to increase the number of class -- Commissioner Gonzalez: It requires a four fifth, 15? Ms. Thompson: In the resolution, it says a resolution of the City of Miami, by a four fifths affirmative vote. Commissioner Gonzalez: That's correct, by four fifth. Ms. Thompson: That's what it says in the title. Commissioner Gonzalez: So we can't vote on it. [Later...] Commissioner Gonzalez: Yes, ma'am. You want to talk? Vice Chair Spence -Jones: So we're deferring RE.15. Ms. Thompson: I was just trying to get an indication of what we were trying to do with RE -- Vice Chair Spence -Jones: Let's just -- Ms. Thompson: -- 15. Vice Chair Spence -Jones: -- let's defer -- Commissioner Gonzalez: Well -- Vice Chair Spence -Jones: -- it to -- let's -- Commissioner Gonzalez: -- we can't take no action on R.15 [sic] because we don't have four Commissioners. Pedro G. Hernandez (City Manager): Madam Chair, could you pass on it? City of Miami Page 70 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Julie O. Bru (City Attorney): Madam Chair -- Mr. Hernandez: Could you pass -- put it until the afternoon? Commissioner Sarnoff. Yeah. Vice Chair Spence -Jones: Yes. Mr. Hernandez: 15. Vice Chair Spence -Jones: No problem. Ms. Bru: No, but you can vote on RE.15, you know, as long as it -- you have a unanimous vote. Four fifth of the members present, but in no event would you be able to pass the resolution with less than three. So if you voted unanimously on this resolution, it can go forward. Vice Chair Spence -Jones: Let's just -- I would prefer to wait for Commissioner Regalado to be here at least. [Later...] Vice Chair Spence -Jones: (INAUDIBLE) get out of here pretty quickly. There was one item that we wanted to continue until Commissioner Regalado was back, which was RE.15, but now we are missing Commissioner Sarnoff, which the project is actually in his district. So I'm going to just hold off on that until he returns, and we're going to move on, Madam City Clerk, to our board appointees. Oh, you're back. All right, he's back. So we're going to go ahead and take up, Madam Clerk, RE.15. We did not deal with that 'cause Commissioner Regalado was not here, so we're going to take that up now. Staff? Pieter? Go 'head [sic]. Mr. Bockweg: Pieter Bockweg, Building, Planning & Zoning. This is a resoluton to increase the number of Class I Permits for the Arscht Center to promote on -site events. Vice Chair Spence -Jones: Okay. Does anybody have any questions on this issue? Commissioner Gonzalez: I don't. Commissioner Sarnoff. I'll move it. Vice Chair Spence -Jones: All right. I have a motion. Commissioner Gonzalez: Second. Commissioner Sarnoff. I have a question. Oh, I'm sorry. Vice Chair Spence -Jones: Commissioner Sarnoff, you're recognized. Commissioner Sarnoff. Pieter, is this -- this only allows them to advertise on -site events, right? Mr. Bockweg: Correct. Commissioner Sarnoff. Okay. That's my only question. Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: Are these murals? City of Miami Page 71 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Mr. Bockweg: They -- under our Code, they're not considered murals because they're only ad -- promoting on -site events. Under our mural ordinance, the definition for a mural is advertising for offsite. Commissioner Regalado: So any mural in the American Airlines is allowed? Mr. Bockweg: It -- that -- Commissioner Regalado: For on -site events? Mr. Bockweg: The American Airlines Arena had a sign package as part of their -- they're only on -site, correct. American Airlines Arena can only advertise on -site events. And their sign package was part of their MUSP (Major Use Special Permit), which was approved a long time ago. Commissioner Regalado: Okay. So on -site events are allowed? Mr. Bockweg: As far as Class I Permits, correct. Commissioner Regalado: Right. So these are murals, considered murals, but not considered murals. But it looks like murals, right? Mr. Bockweg: Yes. Commissioner Regalado: Okay. If Bayside were to have an event, orchestra, band, they can also have it? Mr. Bockweg: They would come in for a Class I Special Permit -- special events permit and they could have it, correct. Commissioner Regalado: How 'bout [sic] if a new restaurant in Biscayne, they have a band, can they have a Class I? Mr. Bockweg: Yes, a Class I It'll be the same. Commissioner Regalado: So any establishment can advertise with murals, whatever their event? Mr. Bockweg: There's a time limit on how long. Commissioner Regalado: Yeah, two weeks. Mr. Bockweg: Correct. So if they come in for a Class I Special Events Permit, they would be able to promote the on -site event for two weeks. Commissioner Regalado: So -- and why are we increasing in the Performing Arts? Mr. Bockweg: The Performing Arts Center has -- is allowed to have ten Class I Permits, so a total of twenty weeks 'cause each permit is for two weeks, and they would like the opportunity to promote year-round the events that are taking place on site. And the only way to do that is to increase the number of Class I Permits allowed. Commissioner Regalado: So the year -- their year is only 40 weeks? Ours is 52. Mr. Bockweg: No. That's why we're coming here to increase the number of Class I Permits. City of Miami Page 72 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: Okay. Fine. Just wanted to understand. Vice Chair Spence -Jones: Okay. So we had a motion, and we had a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RE.16 08-00772 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN IN -KIND COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE MIAMI ECONOMIC DEVELOPMENT FUND, LLC ("MEDF"), TO PROVIDE IN -KIND SERVICES TO THE MEDF FOR, AMONG OTHERS, ITS APPLICATION TO THE NEW MARKET TAX CREDIT PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER DOCUMENTS NECESSARY FOR SAID PURPOSE. 08-00772 Legislation.pdf 08-00772 Exhibit.pdf 08-00772 Summary Form.pdf 08-00772 Table.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado Note for the Record: RE.16 was deferred to the City Commission meeting currently scheduled for July 24, 2008. Commissioner Gonzalez: Andl would like to askfor a deferral of RE -- a continuance --16. I had a lot of questions on this item. Larry Spring -- [Later...] Vice Chair Spence -Jones: All right. Let's move to the next one, RE.16. Commissioner Gonzalez: Yeah. As I was saying, I would like to askfor a continuance of RE.16. We have many questions on this item -- Commissioner Sarnoff. Second. Commissioner Gonzalez: -- more questions than answers, andl haven't been able to get all the answers that need. Vice Chair Spence -Jones: Okay. We had a motion and a second to defer this item until when? Commissioner Sarnoff. Continue. Vice Chair Spence -Jones: Continue this item until they -- staff gets -- Commissioner Gonzalez: Continue -- yeah. City of Miami Page 73 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: -- it together. Larry, is -- are you --? You're huffing and puffing. Is everything all right? Don't blow the house down now. Larry Spring (Chief Financial Officer): I'm just a little exasperated. Pedro G. Hernandez (City Manager): He's just going up and down the stairs quick. That's all. Mr. Spring: Yeah, that's it. I'm just running a lot. If you allow me, Commissioner. Sorry, Larry Spring, chief financial officer. If we can meet with you during the lunch break, perhaps. Commissioner Gonzalez: I'm not going to vote on this item today. I'm telling you, you know, I've been asking -- we've been asking questions about this item for a week, and now you want to provide me all the answers in 15 minutes so you can get my vote. I'm sorry, sir. Mr. Spring: Well -- Vice Chair Spence -Jones: Okay. Mr. -- Commissioner Gonzalez: It doesn't -- Mr. Spring: -- respectfully -- Commissioner Gonzalez: -- work that way. Mr. Spring: -- I'm -- Vice Chair Spence -Jones: Larry -- Commissioner Gonzalez: We're talking -- Vice Chair Spence -Jones: Right. Mr. Hernandez: Larry, we'll -- Vice Chair Spence -Jones: Larry, the Commissioner has spoken on the issue. Commissioner Gonzalez: We -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: He feels he needs more time on it -- Commissioner Gonzalez: You know, we -- Vice Chair Spence -Jones: -- andl don't want it to become a public debate. Commissioner Gonzalez: Do you know how serious this item is? We're talking about $125 million in bonds. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: We're not talking about $125. It's $125 million. My friend, unless I'm very clear on the item, you don't have my vote, okay. City of Miami Page 74 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Mr. Hernandez: Commissioner -- Mr. Spring: Well -- Mr. Hernandez: -- would it be acceptable to you to defer to the 24th? Commissioner Gonzalez: That'll be fine, as long as -- Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: -- I have all the answers. That'll be fine. Mr. Hernandez: Thankyou. Vice Chair Spence -Jones: So RE.16 will be deferred to the 24th. Mr. Hernandez: Fourth. Commissioner Sarnoff. Continued. Vice Chair Spence -Jones: Thankyou. Mr. Hernandez: July 24. Vice Chair Spence -Jones: Will be continued, thank you, to the 24th. Priscilla A. Thompson (City Clerk): Need a vote. Vice Chair Spence -Jones: Oh. Commissioner Sarnoff. All in favor. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item is continued to the 24th, okay. RE.17 08-00742 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PURSUANT TO RESOLUTION NO. 07-0166, ADOPTED MARCH 22, 2007, AND REQUEST FOR QUALIFICATIONS NO. 05-06-114, RESCINDING THE AWARD TO UBS SECURITIES, LLC AND AWARDING IT TO THE NEXT HIGHEST -RANKED FIRM, MERILL LYNCH, UNDER THE CATEGORY OF SENIOR MANAGER/CO-SENIOR MANAGER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE REMAINING TERM OF THE CONTRACT EFFECTIVE THROUGH APRIL 2, 2009, WITH THE OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; AND ACCEPTING THE ASSIGNMENT OF THE AGREEMENT FROM LASALLE FINANCIAL SERVICES TO BANK OF AMERICA/BANC OF AMERICA SECURITIES, LLC, City of Miami Page 75 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 AS CO -MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO EFFECTUATE THE ASSIGNMENT, UNDER THE ORIGINAL SAME TERMS AND CONDITIONS OF SAID AGREEMENT WITH LASALLE FINANCIAL SERVICES, FOR MUNICIPAL BOND UNDERWRITING SERVICES. 08-00742 Legislation.pdf 08-00742 Summary Form.pdf 08-00742 Webpage.pdf 08-00742 Webpage2.pdf 08-00742 Webpage3.pdf 08-00742 Master Report.pdf 08-00742 Pre Summary Form.pdf 08-00742 Memo.pdf 08-00742 Tabulation.pdf 08-00742-Agreement-SUB. pdf 08-00742 RFQ.pdf 08-00742-Assignment-SUB. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-08-0407 Vice Chair Spence -Jones: RE.17 would be the last resolution. Diana Gomez: Hi. Diana Gomez, Finance director. This item is a resolution to rescind an award and assign an agreement for municipal bond underwriting services. We are requesting to rescind the award to UBS Securities and award it to the next highest -ranked firm under the category of senior manager, and we're also requesting to accept the assignment of agreement from Lasalle Financial Services to Bank ofAmerica. There -- Commissioner Gonzalez: I'll move it. Ms. Gomez: -- is a -- Vice Chair Spence -Jones: All right. We have a motion. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? Ms. Gomez: There is a -- hold on one sec. Excuse me. I'm sorry. There is a substitution on the item to the professional services agreement. It's been handed out already. If you need a copy, I can -- it's in your -- it should be in your packets, but I have copies. There is some changes to the PSA, the professional service agreements, to correct them -- Vice Chair Spence -Jones: What are the changes? Ms. Gomez: It's -- Vice Chair Spence -Jones: I mean, are they major changes? City of Miami Page 76 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Glenn Marcos (Director, Purchasing): None whatsoever. As a matter of fact, the changes that you will see in the first agreement pertains to the fact that we just -- in the recitals, we gave it the history on why we're going to rescind the award from UBS and recommend the award to Merrill Lynch, and that's what we did with the agreement is to give it that recital so you -- so anybody who reads the agreement knows why we're going from one firm to the other firm. When it comes to the assignment, again, the assignment is to give it more history behind it as far as the assignment of the agreement from Lasalle to Bank of America. And so, what we're doing is is just giving it more history in both agreements. Commissioner Sarnoff. I thought it was 'cause we were bullish on America. Vice Chair Spence -Jones: Okay. All right, thank you, Mr. Marcos. Mr. Marcos: Okay. Vice Chair Spence -Jones: So we had a motion and a -- Did we have a second? Priscilla A. Thompson (City Clerk): Yes. Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: Okay, so all in favor? The Commission (Collectively): Aye. Mr. Marcos: Thank you. Vice Chair Spence -Jones: All right, so we're going to go ahead and take a lunch break -- our lunch break. We'll be back at 2. We will take up -- RE.15 will be the first thing that we deal with, and then we'll go into our board/committees after that. Commissioner Gonzalez: Great job, Madam Chair. Great job. END OF RESOLUTIONS City of Miami Page 77 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 BOARDS AND COMMITTEES BC.1 08-00748 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Fred Joseph Commissioner Tomas Regalado 08-00748 memo 7-10-08.pdf 08-00748 members 7-10-08.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, 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-08-0413 Vice Chair Spence -Jones: So we have completed the resolutions, and we're going to now move on to board and committee appointees. Starting with Bayfront Park Management Trust. Priscilla A. Thompson (City Clerk): That would be BC.1, and Commissioner Regalado has an appointment. Commissioner Regalado: Fred Joseph. Ms. Thompson: Fred Joseph. Commissioner Regalado: Yes. Ms. Thompson: All right. That's your motion. Commissioner Regalado: Yes. Commissioner Sarnoff. Oh, sec -- I'm sorry, second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: No other appointees on that? Ms. Thompson: No, ma'am. Vice Chair Spence -Jones: Okay. BC.2 08-00317 RESOLUTION City of Miami Page 78 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 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 9-11-08.pdf 08-00317 members 9-11-08.pdf NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones CONTINUED Vice Chair Spence -Jones: BC.2. Priscilla A. Thompson (City Clerk): That would be the Community Technology Board. Chair Sanchez has a -- an appointment, and so do you. Vice Chair Spence -Jones: All right. I would like to defer my appointment, and the Chair has not mentioned that he has any appointments. Ms. Thompson: Thank you. BC.3 08-00318 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ernesto Montaner Commissioner Angel Gonzalez Priscilla Greenfield Commissioner Marc David Sarnoff 08-00318 memo 7-10-08.pdf 08-00318 members 7-10-08.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-08-0414 Chair Spence -Jones: All right. BC.3. Yeah, we're deferring it. BC.3. Priscilla A. Thompson (City Clerk): And that would be the Health Facilities appoint -- I'm sorry, the Health Facilities Authority Board. Commissioner Gonzalez has an appointment. City of Miami Page 79 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: I will proffer Ernesto Montaner. Ms. Thompson: Ernesto -- Commissioner Gonzalez: Montaner, M-O-N-T-A-N-E-R. Ms. Thompson: Thank you very much. Commissioner Regalado: Second. Ms. Thompson: Well, if we can, can we put them all together? Commissioner Sarnoff. Sure. I would proffer an incumbent, Priscilla Greenfield. Ms. Thompson: And Ms. Priscilla Greenfield. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. Ms. Thompson: Now we need a vote, please. 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: All right. This item passes. BC.4 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: 08-00626 memo 7-10-08.pdf 08-00626 members 7-10-08 pdf.pdf 08-00626-Ap pl i cati o ns. pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Direction by Commissioner Gonzalez to the City Clerk to readvertise to secure additional applicants to fill vacancies to the Zoning Board. City of Miami Page 80 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: We move on to BC.4. Priscilla A. Thompson (City Clerk): AndBC.4 would be your Zoning Board. Once again, Chair Sanchez has two appointments. Commissioner Gonzalez also has two appointments. Commissioner Gonzalez: We need to advertise, right? Ms. Thompson: Yes, and -- Commissioner Gonzalez: Okay, because -- Ms. Thompson: -- as you -- in your packet -- we did advertise. Commissioner Gonzalez: You did advertise already? Ms. Thompson: Yes. And in the packet, we received applications from Hazem Monem, Frank Rollason, and Carlos Morales. Commissioner Gonzalez: We need to advertise again because I have persons to sit in this board, but they can't apply because there's no advertisement. Ms. Thompson: The person is already sitting? Commissioner Gonzalez: No, he's not. Ms. Thompson: Oh, okay. So you want us to reopen the advertisement? Commissioner Gonzalez: Please. Ms. Thompson: Okay. Thank you. So you'll be deferring your two, so -- Commissioner Gonzalez: I'm going to defer my two, yeah. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Okay. Ms. Thompson: That -- Vice Chair Spence -Jones: That's it, ma'am? Ms. Thompson: Yes, ma'am. Vice Chair Spence -Jones: So we had a mo -- do -- Ms. Thompson: No. Vice Chair Spence -Jones: So we're deferring? Ms. Thompson: In this -- we defer -- the -- Commissioner Gonzalez are [sic] deferring his two; Chair Sanchez are [sic] not here, so we don't have any others to handle on that one. Vice Chair Spence -Jones: No problem. BC.5 08-00474 RESOLUTION City of Miami Page 81 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 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 Vice Chair Spence -Jones: So we're moving on to BC.4. Priscilla A. Thompson (City Clerk): 5. Vice Chair Spence -Jones: BC.5, I'm sorry. Ms. Thompson: Thank -- Vice Chair Spence -Jones: BC.5. Ms. Thompson: Commissioner Sarnoff. Commissioner Sarnoff. Defer, I'm sorry. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All right. No other appointees on Zoning? Ms. Thompson: No, no other -- Vice Chair Spence -Jones: Okay. Ms. Thompson: -- appointees. Vice Chair Spence -Jones: So we're deferring. BC.6 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: Chair Joe Sanchez City of Miami Page 82 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 08-00315 memo 7-10-08.pdf 08-00315 members 7-10-08.pdf CONTINUED Chair Spence -Jones: We're going to move on to BC. 6. Priscilla A. Thompson (City Clerk): And BC. 6 has an appointment there for Chair Sanchez. That's the only one. BC.7 08-00745 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Luis Estoban Garcia Vice Chair Michelle Spence -Jones Steve Kneapler Commissioner Tomas Regalado Jose Fuentes Mayor Manuel A. Diaz 08-00745 memo 7-10-08.pdf 08-00745 members 7-10-08.pdf 08-00745-Memo-Mayor's Appointment.pdf 08-00745-Letter-Chai rperson. pdf 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-08-0415 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez absent, to appoint Steve Kneapler, Luis Estoban Garcia, and Jose Fuentes as members of the Waterfront Advisory 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 Steve Kneapler as a member of the Waterfront Advisory Board. Vice Chair Spence -Jones: Okay, so we're going to move on to BC.7. And I'm actually going to defer mine on BC.7. Priscilla A. Thompson (City Clerk): And Commissioner Regalado, you would have two appointments, and the Mayor has proffered a name. Commissioner Regalado: So I don't -- I don't understand very well on this issue. If -- so we need a fifth fifth on one that has been long time there, right? Ms. Thompson: No -- a five five, that's correct. City ofMiami Page 83 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: Right, but -- so it's impossible to do that. Ms. Thompson: Well, actually, Mr. Jack King, whose term has expired -- Jack King and both Steve Kneapler. Let's deal with Mr. King. He actually needs a four fifth as a waiver -- Commissioner Regalado: Right. Ms. Thompson: -- for his absences, but then the five fifth for his reappointment because of his service. Commissioner Regalado: Right. Ms. Thompson: Okay. Then on Mr. Kneapler, he just needs the four fifth for the absences. Commissioner Regalado: Right. So I guess I will defer -- Ms. Thompson: Both of them? Commissioner Regalado: Yes, because we don't have -- I would -- I mean, can we do both now? Ms. Thompson: No. You can't do both now. Commissioner Regalado: That's what I'm saying. Ms. Thompson: You can do one of them now because Mr. Steve Kneapler only needs a four fifth for his attendance waiver. Commissioner Regalado: Okay. I'll move Steve Kneapler. Ms. Thompson: Thank you. Commissioner Sarnoff. Second. Ms. Thompson: With the waiver. Vice Chair Spence -Jones: Madam Clerk -- I'm sorry. Go 'head [sic]. You had some more to add? Commissioner Regalado: Yeah. That's it. Vice Chair Spence -Jones: I just made a mistake. I overlooked something. I wanted to know for the Waterfront Advisory Board -- I do have a name to proffer. Is -- can I proffer the name now? Ms. Thompson: Yes. Vice Chair Spence -Jones: Okay. It's Luis Estoban Garcia. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Do I have a motion? Ms. Thompson: And we got the second. Commissioner Sarnoff. So move. City of Miami Page 84 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Ms. Thompson: But I -- before we take a vote, I do have a name proffered also by the Mayor. Vice Chair Spence -Jones: Okay. Ms. Thompson: The Mayor has proffered the reappointment of Mr. Jose Fuentes. Commissioner Regalado: Second. Ms. Thompson: Someone would actually need to move it. Commissioner Gonzalez: I'll move the Mayor's appointment. Ms. Thompson: Thank -- Commissioner Regalado: I'll second. Ms. Thompson: -- you. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All right. This item passes. BC.8 08-00746 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: James Quinlan Commissioner Marc David Sarnoff Lauren Reskin Mayor Manuel A. Diaz Eric Monteiro Mayor Manuel A. Diaz Josh Miller Mayor Manuel A. Diaz 08-00746 memo 7-10-08.pdf 08-00746 members 7-10-08.pdf 08-00746-Su bmittal-Biographies. pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, 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-08-0416 Chair Sanchez: We're going to move on, Madam Clerk, to BC. 8. City of Miami Page 85 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 BC.9 08-00747 Office of the City Clerk Priscilla A. Thompson (City Clerk): That's correct. BC.8 would be your Arts and Entertainment Council. On that one, Commissioner Sarnoff has an appointment, and the Mayor has proffered three names. Commissioner Sarnoff. I'll -- I'm sorry. I would appoint James Quinlan. Ms. Thompson: I'm sorry? Commissioner Sarnoff. James Quinlan. Ms. Thompson: James Quinlan? Commissioner Sarnoff. Yeah, Q-U-I-N-L-A-N. Ms. Thompson: The Mayor's names that were proffered are Lauren Reskin, Eric Montinero [sic], and Josh Miller. I need someone -- if you -- Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Ms. Thompson: Okay, and that would be all of the ones we have for BC.8. Vice Chair Spence -Jones: Okay, so we had motion, second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. 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: Herbert Fonseca Robert Flanders Nathaniel Quincy Belcher 08-00747 memo 7-10-08.pdf 08-00747 members 7-10-08.pdf NOMINATED BY: Commissioner Angel Gonzalez Mayor Manuel A. Diaz Mayor Manuel A. Diaz 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-08-0417 City of Miami Page 86 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Priscilla A. Thompson (City Clerk): On BC.9, Chair Sanchez has an appointment, and then Commissioner Gonzalez has an appointment, and the Mayor has proffered his two names. Commissioner Gonzalez: I will proffer Herbert Fonseca. Ms. Thompson: Fonseco [sic]? Commissioner Gonzalez: Yes, ma'am. F-O-N-S-E-C-A. Vice Chair Spence -Jones: We had a motion on -- we have a motion on that? Commissioner Regalado: He move it; I second. Vice Chair Spence -Jones: Okay. Ms. Thompson: And then the Mayor's names proffered would be Mr. Robert Flanders and Mr. Nathaniel Belcher. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Sec -- I need a second. Commissioner Regalado: Second. Vice Chair Spence -Jones: Okay. Is there any other ones, Madam Clerk? Ms. Thompson: That's it. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. BC.10 08-00749 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: Frank Rollason Commissioner Tomas Regalado 08-00749 memo 7-10-08.pdf 08-00749 members 7-10-08.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, 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-08-0418 Vice Chair Spence -Jones: All right. We're going to move on to BC.10. City of Miami Page 87 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Priscilla A. Thompson (City Clerk): On BC.10, we have the MSEA (Miami Sports and Exhibition Authority) Board, and Commissioner Regalado has an appointment. Commissioner Regalado: Reappoint Frank Rollason. Vice Chair Spence -Jones: Okay. We have a motion. We need a second, right? Ms. Thompson: Yes. Commissioner Gonzalez: Second. Ms. Thompson: That's the only one we have for this board. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. BC.11 08-00751 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Carlos Morales Commissioner Angel Gonzalez 08-00751 memo 7-10-08.pdf 08-00751 members 7-10-08.pdf 08-00751-Resumes-Community Relations Board Nominees.pdf 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-08-0422 Vice Chair Spence -Jones: Okay, BC.11. Priscilla A. Thompson (City Clerk): BC.11 is the Community Relations Board. Commissioner Gonzalez has two appointments, and there have been names proffered by the board. Commissioner Gonzalez: I will proffer Carlos Morales. We have to proffer a name from this list? Ms. Thompson: The past practice has been that the board, the Community Relations Board, will submit to you for each vacancy three names in rank order, and that's what they have done for each one ofyour vacancies, andl -- Commissioner Gonzalez: Okay. Can we add this name to the list? Ms. Thompson: Whatever you -- City of Miami Page 88 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: Of course you can. Ms. Thompson: -- want to do. Commissioner Regalado: Of course you can. Commissioner Gonzalez: All right. Carlos Morales then. Ms. Thompson: Carlos Morales. Commissioner Gonzalez: Yes, ma'am. Commissioner Regalado: Second. Ms. Thompson: That's for one of -- Vice Chair Spence -Jones: Is there a motion, a second? Is that it? Ms. Thompson: That -- Vice Chair Spence -Jones: All in -- Ms. Thompson: He has two appointments. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: That's it for now. Ms. Thompson: Thank you. Commissioner Gonzalez: Yes, ma'am. Vice Chair Spence -Jones: So, motion, second. All in favor? The Commission (Collectively): Aye. BC.12 08-00750 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Miriam Urra Commissioner Angel Gonzalez 08-00750 memo 7-10-08.pdf 08-00750 members 7-10-08.pdf 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 City of Miami Page 89 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 R-08-0423 Vice Chair Spence -Jones: All right. We're moving on to BC.12. Priscilla A. Thompson (City Clerk): BC.12 is your Equal Opportunity Advisory Board. Commissioner -- I'm sorry, Chair Sanchez has two appointments. Commissioner Gonzalez has one and Commissioner Regalado has one. Commissioner Gonzalez: I will have to defer mine -- well, I'll tell you what. I will proffer Miriam Urra. Ms. Thompson: I'm sorry? Commissioner Gonzalez: Miriam -- Ms. Thompson: Oh, okay. Commissioner Gonzalez: -- Urra. Ms. Thompson: Ms. Urra. Commissioner Regalado: Second. Vice Chair Spence -Jones: Motion -- Ms. Thompson: And -- Vice Chair Spence -Jones: -- second. Is there anything --? Ms. Thompson: -- then, Commissioner Regalado. Commissioner Regalado: I'll defer mine. Ms. Thompson: Okay. Now I need a vote. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. Ms. Thompson: Thank you. Vice Chair Spence -Jones: This item passes. BC.13 08-00752 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mariano Cruz Commissioner Angel Gonzalez City of Miami Page 90 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Ricardo Lambert Commissioner Tomas Regalado 08-00752 memo 7-10-08.pdf 08-00752 members 7-10-08.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, 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-08-0419 Vice Chair Spence -Jones: We're moving on to BC.13. Priscilla A. Thompson (City Clerk): BC.13 is your Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Commissioner Sanchez has an appointment. Commissioner Gonzalez has two. Commissioner Regalado, you have one, and then the Mayor has a vacancies. I don't have any names proffered by him, though. Commissioner Gonzalez: I will reappoint Mariano Cruz -- Ms. Thompson: Yeah. Commissioner Gonzalez: -- with all the waivers. Let me -- Ms. Thompson: Mr. Cruz -- Commissioner Gonzalez: -- take this opportunity -- because I know it's going to be coming up, the issue of Civil Service and Mariano Cruz service. I don't know if you are aware that Mariano Cruz has been in the hospital and had -- and suffer surgery. And as a matter of fact, he was planning on being here today, and he was admitted back to the hospital last night. I just spoke to him. That's the reason why Mariano has missed the meetings that he has missed. Mariano has been an activist in this community for many, many years, and very active and very involved in every City issues and problem. Commissioner Regalado: Commissioner, I can tell you that Mariano has been hospitalized several times -- Commissioner Gonzalez: Yeah. Commissioner Regalado: -- and this why -- this is why he has missed some of these meeting. Actually, when my wife was in intensive care, he was there too at the Mercy -- Commissioner Gonzalez: He was in intensive care too -- Commissioner Regalado: -- Hospital. Commissioner Gonzalez: -- yeah. Commissioner Regalado: So -- andl was able to visit with him. So he's -- fortunately for us, he's getting well, but the reason that he's missed these meetings is because he was in the hospital. Commissioner Gonzalez: Right. City of Miami Page 91 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: It's very simple. Ms. Thompson: IfI can, Commissioner, just to let you know. He does not need any waivers for this board. Commissioner Gonzalez: All right. Ms. Thompson: He's fine as far as his attendance on this board. It would be our -- with the -- Commissioner Gonzalez: Civil Service. Ms. Thompson: -- Civil Service Board, okay. Commissioner Gonzalez: All right. Ms. Thompson: So we have a -- you've proffered him. Do I have a second? Commissioner Sarnoff. Second. Ms. Thompson: Then -- Vice Chair Spence -Jones: Have a motion and a second. Oh, I think we also had some additional -- Ms. Thompson: You had -- do you have your second one, Commissioner Gonzalez? You had two. Commissioner Gonzalez: No. I'm just going to reappoint Mariano for the time being. Ms. Thompson: Thank you. Commissioner Regalado. Commissioner Regalado: Ricardo Lambert. Ms. Thompson: Thank you. We need a -- Vice Chair Spence -Jones: We need a motion. Need a second. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Okay. That's it, right? All in favor? The Commission (Collectively): Aye. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All right. This item passes. BC.14 08-00753 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Constance Johnson Commissioner Angel Gonzalez City of Miami Page 92 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Lyse Cuellar Commissioner Angel Gonzalez 08-00753 memo 7-10-08.pdf 08-00753 members 7-10-08.pdf 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-08-0420 Vice Chair Spence -Jones: BC.15. Priscilla A. Thompson (City Clerk): No. BC.14 -- Vice Chair Spence -Jones: BC.14. I'm sorry, excuse me. Ms. Thompson: -- would be your Commission on the Status of Women. Chair Sanchez has one appointment, and then Commissioner Gonzalez has two. Commissioner Gonzalez: I will reappoint Constance Johnson and Lyse Cuellar. Ms. Thompson: Okay, thank you. Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. We had a motion and a second. All in favor? The Commission (Collectively): Aye. BC.15 08-00779 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mariano Cruz Commission -At -Large 08-00779 memo 7-10-08.pdf 08-00779 members 7-10-08.pdf 08-00779-Memo-Civil Service Board Member -Attendance Requirement.pdf 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-08-0421 City of Miami Page 93 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez absent, to appoint Mariano Cruz as a member of the Civil Service Board; further waiving the attendance rrequirements 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 Mariano Cruz as a member of the Civil Service Board. Vice Chair Spence -Jones: All right. We're moving on to BC.15. Priscilla A. Thompson (City Clerk): And lastly, BC (Boards and Committees) -- Commissioner Gonzalez: I will proffer Mariano Cruz name with all the waivers. Ms. Thompson: Thank you. Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. It had a motion, it had a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. Ms. Thompson: And that ends your BCs. Thank you very much. Vice Chair Spence -Jones: Thank you very -- Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: -- much. END OF BOARDS AND COMMITTEES City ofMiami Page 94 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 DI.1 DISCUSSION ITEMS 08-00707 DISCUSSION ITEM LIBERTY CITY BOARD OF DIRECTORS TO ADDRESS THE CITY COMMISSION REGARDING THE ACCOMPLISHMENTS OF THE LIBERTY CITY TRUST. 08-00707 Letter.pdf 08-00778 Summary Form.pdf DISCUSSED Vice Chair Spence -Jones: All right. We're moving on to discussion items. I know that the Liberty City Trust is here and ready to give a presentation, and then the next item -- I just want staff to be prepared -- which is the quarterly update, the grant expenditures. And are you ready, Ms. Black? Elaine Black: If you could give me just a moment, I'd appreciate -- Vice Chair Spence -Jones: Okay. Ms. Black: -- it 'cause the computer has to -- Vice Chair Spence -Jones: Just put your name -- state your name for the record. Ms. Black: Elaine Black, Liberty City Trust, 4800 Northwest 12th Avenue. Vice Chair Spence -Jones: Okay. While you're getting set up -- just let me know whenever you're ready. Ms. Black: Thank you. Vice Chair Spence -Jones: I just want to make a statement to my fellow Commissioners just -- I thought that it was very important that the Liberty City Trust come to at least give you a briefing or an update as to their status of this last year. I want to commend them on the outstanding job with the Trust and Elaine's team for turning Liberty City around. I know I'm actually a living resident in Liberty City, andl have actually seen a difference in my own neighborhood. So I just wanted to at least publicly acknowledge that, at one time, people would not even mention the name Liberty City because of the riots and the fear of the area. Andl tell you, the Liberty City Trust has done an outstanding job with changing and turning the image around of Liberty City to make it a more livable community. We realize, though, with the Liberty City Trust -- andl just wanted to be very clear on it -- one of the things that we realized was that no matter how many houses we built, no matter how many new rental units we put there, or no matter how many old buildings we might have rehabbed, that if -- unless we focus our energies on really building the entire neighborhood, that the areas would not change. So because of that and the commitment of the Trust, we're now seeing better parks in the area. We're now seeing more improved roads in the area. We're now seeing stronger smaller businesses in the area, andl have to say, I hear less gunshots in the area. So I think that it has -- a lot of it is attributed to everything that the Trust has done. Even though I know the main focus is housing and they've done a lot of great work in that area, but it takes more than that to really build a livable community, so I just wanted to publicly acknowledge that before we start. So with that being said, if you could just run us through the presentation, Elaine. Ms. Black: First of all, thank you again, Commissioners, for allowing us to be a part of your team. The Liberty City Trust, as you know, was created through an ordinance. Our focus is housing, economic development and jobs, youth and education, community planning, and City of Miami Page 95 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 outreach. Our board of directors all have a mission towards the redevelopment of the Liberty City community. And unfortunately, Mr. David Chiverton could not be here today because of illness, but Mr. Chiverton sends his regards to the Board. Housing is number one. We're working with over 25 developers in the area, and we have in process 89 houses and 423 affordable rentals. As far as houses in construction, we have 100 units of senior housing, 41 units of single-family housing, and we have completed proj -- 11 houses and 136 affordable rentals. To go along with housing to ensure that our residents can be a part of it, we provide homeownership certification courses, foreclosure courses, credit repair courses, as well as providing wind inspection and hurricane shutter courses to our residents. Economic development is critical for our growth and development. We're working with the business associations on 15th Avenue to make sure that that once -thriving community is a beacon for small businesses in Liberty City again. We're also working the 7th Avenue businesses and the South Florida Community -- (UNINTELLIGIBLE) Association to ensure that we do a survey of the businesses to revitalize the 7th Avenue area. Winn -Dixie made a commitment in 2007 that they would renovate the store, hire people from the committee -- from the community. They kept their commitment, and they've hired over 30 residents. And on June 25, we had the grand reopening of the Winn -Dixie store. It is a store that anyone would want to go into. And at the event, they gave $25, 000 to the Liberty City Optimist Club and is a real partner in the redevelopment of the community. We also have a new Church's Chicken coming in that will bring in 36 new jobs to the community. Youth and education, of course, is critical, and we have worked with the Northwestern school to create a parent resource center that will be dedicated in September of 2008. Liberty City Youth Day was held in June, another opportunity for over 500 youth to come together and have a good time and deal with the issue of gun violence in our community. We're working with many groups in the area. The Liberty Square Arts Association, Keep Miami Beautiful volunteers, Mega Girls, Power Girls to ensure that our community stays clean as well as the youth being involved. Community planning and outreach focuses in on issues that impact the community. The 1-95 Express, we've had meetings on that. Miami 21, we are intricately involved with that, as well as ensuring that the infrastructure in our community is up to par. Floral Park street improvements, looking at parks in our community; Liberty Square recreational park area, that area has no recreation for over 3, 000 young people living in that community; mini park at 12th Avenue, African Square Park and others. Hadley Park charrette was conducted in May, and we're in the process of finalizing that to bring together the seniors and the youth to expand the uses of Hadley Park. We're about working with the community. Various events from gun buyback opportunities, June 19th [sic], our rib cook -off all the activities to ensure that the community is a place that people want to live. But we can only do this in partnership. So we want to say thank you to all the operating departments in the City of Miami for the role that they do in working with us to ensure that the Liberty City community is all that it can be. Thank you. Vice Chair Spence -Jones: Thank you, Ms. Black. Does any of the Commissioners have any questions for Ms. Black regarding the presentation? Okay. No questions? Okay. I just want to, once again, commend -- Commissioner Gonzalez: Just a comment. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: Keep up the good work. Ms. Black: Thank you. Vice Chair Spence -Jones: I do want to, once again, commend you, Elaine. We -- for those that were here before me know that we did have a Trust -- Model City Trust that had a lot of challenges. And Elaine had a lot of work, you know, coming into this whole situation trying to turn it all around. And to know that we have 89 houses that are going to be built in the area that City of Miami Page 96 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 are actually happening, to know that we have over 200 units for rental units happening in the area, it is a blessing. And l just wanted to say thank you for all your hard work. And we look forward to seeing more houses come out of the ground. Ms. Black: Thank you. Vice Chair Spence -Jones: Thank you. DI.2 08-00778 DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES. DISCUSSED Vice Chair Spence -Jones: We're going to move on to D2 [sic], which is a quarterly update. Diana Gomez: Diana Gomez, Finance director. The financial integrity principles require thatl present a quarterly update of nonreimbursable grant expenditures. For the third quarter of fiscal 2008, which is the period of April 1 through June 30, 2008, no amounts were reported as nonreimbursable grant expenditures. Vice Chair Spence -Jones: Any questions from the Commissioners on this item? All right. Thank you, Diana. Ms. Gomez: Thank you. END OF DISCUSSION ITEMS City of Miami Page 97 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 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 D2.1 08-00754 DISCUSSION ITEM DISCUSSION TO ADDRESS THE VACANT PARCEL(S) DUE EAST OF THE AMERICAN AIRLINES ARENA ALSO KNOWN AS PARCEL B. COMMISSIONERS TO DISCUSS THE HISTORY OF THE SITE(S) AND THE CITY'S PRIOR OWNERSHIP OF THE SITE(S). POSSIBLE FUTURE USES WILL BE DISCUSSED INCLUDING THE POSSIBILITY OF THE PUBLIC GAINING ACCESSIBLE WATERFRONT GREEN SPACE. A RESOLUTION ADDRESSED TO THE CURRENT PROPERTY OWNER MIAMI-DADE COUNTY AND TO THE BOARD OF COUNTY COMMISSIONERS MIGHT RESULT. 08-00754 E-mail.pdf INDEFINITELY DEFERRED Vice Chair Spence -Jones: All right. We're going to move on to, I guess, the Commissioners' items. The Mayor does not have any items. I think we only have D2 (District 2), andl think that's actually being withdrawn. Is that being withdrawn? Commissioner Sarnoff. Yeah. No, it is. I have a number of pocket items, but -- Vice Chair Spence -Jones: Okay. Let me just deal with the items first for the Commissioners, and then we'll go to the pocket items, okay. Commissioner Sarnoff. Yeah, D -- just for D2.1, this item has stimulated a great deal of public interest, and we will be conducting a meeting with the stakeholders, as well as the folks that are planning the Cuban Memorial Museum. So, hopefully, we can bring some information back to the public shortly. Vice Chair Spence -Jones: No problem. All right. Thank you, Commissioner Sarnoff. END OF DISTRICT 2 DISTRICT 3 City of Miami Page 98 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00711 DISCUSSION ITEM DISCUSSION ABOUT DIRECTING THE ADMINISTRATION TO ASSIST RESIDENTS WITH THE FIRE FEE REFUND PROCESS THROUGH THE CITY OF MIAMI NET OFFICES. 08-00711 Memo.pdf DISCUSSED Vice Chair Spence -Jones: Commissioner Regalado, I believe you have a question, or you have an item. Commissioner Regalado: I do. And it has been discussed with the City Attorney Office and the attorneys representing the City on the fire fee case. Andl think that the City, since this has been in the agenda for several weeks now, since we deferred that, has taken some action in terms of facilitating the way for residents to feel and send back the refund application. As you know, we have had serious issues with the first envelope. And then there is some people that are asking, but I think that the City Attorney has been very diligent in trying to get the courts and the administrator to facilitate information to the people. I just wish that the City Attorney will say something on the record in terms of the steps that you have taken to help the people that do not understand the system. Julie O. Bru (City Attorney): Commissioner, Madam Chairman [sic], members of the Commission, we have taken steps to bring to the attention of the court some deficiencies that were noted in the process, in the notice, in the communication, in the response to questions. The judge has been very, very active in this -- in overseeing this class action. And the administrator, in fact, has now a live person that will answer that 1-800 number. One of the complaints before was that you couldn't get through to a live person to answer specific questions. I myself have tested it on a daily basis to make sure that somebody does pick up the line and we have somebody -- they have -- the administrator has somebody both in English, in Spanish, and in Creole. So those issues have been addressed. There is notice that has gone out now in USA Today for those members of the class that might have moved away from Miami so that we can get -- we can reach the greatest number of potential property owners that are entitled to the refund. And ifI may take this occasion, I just got some information today that you might be interested in sharing with your constituents. The latest report from the administrator indicates that they have received 24,000 completed request refund forms as of date, which they estimate that this early on in the process is a very good rate. And they feel that that is an indication that the campaign, the notices, the mailings and the media campaign is working. Just to give you some figures, too, they have mailed out -- the administrator has mailed out 178,994 forms. And the rate of the forms that have come back undeliverable right now is 20 percent, which they also indicate is a number that's acceptable based on the number of forms that have been sent out. I'll give you this full report at the end of the day today with the statistics that we've obtained. Commissioner Regalado: Okay. I mean, as long as we try to help the residents, because the goal is for every resident to return the refund request. The other thing that it's a concern is the hearing on the money that the class attorneys are seeking and the City attorneys have charged. Do we know when the -- the hearing is on the 16th, is it? City of Miami Page 99 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Ms. Bru: I believe that that hearing's been scheduled for July 22. And again, on the issue of attorneys' fees, the parties -- and the parties being the City and the class -- we agreed that that issue would be determined by the judge, by the court. And the court will consider the request that's been made by the plaintiffs counsel, and based on the appropriate standards that are in place in Florida for the award of class counsel fees, the court will make a determination as to how much they're entitled to receive. But that's going to be purely at the discretion of the court, and we really don't have any involvement in that. Commissioner Regalado: Right. On that matter, whatever the judge decides is not for appeal by any of the parties? Ms. Bru: There are certain rights provided under this class litigation process whereby an individual member of the class can opt out and challenge the settlement and challenge any aspect of it, including the award of attorneys' fees. And there are certain deadlines, and that has all been clearly communicated in the mailing and in the media notices. Commissioner Regalado: No, I understand. Ms. Bru: That can be appealed, yes. An individual member of the class can opt out. Commissioner Regalado: Right. But not the class attorneys or the City attorneys. Ms. Bru: Well, the City would not be an entity that would be appealing that because we have, by the settlement agreement, agreed to leave that up to the court. So we would not be a proper entity. Any individual member of the class can opt out of the class and perfect an appeal. Commissioner Regalado: Okay. Thank you. Thank you, Madam Chair. Vice Chair Spence -Jones: No problem. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 100 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 NON -AGENDA ITEMS NA.1 08-00843 (NA.1) 08-00843a District 4- Commissioner Tomas Regalado DISCUSSION ITEM PERSONAL APPEARANCE BY COMMISSIONER CARLOS GIMENEZ REGARDING THE CURRENT FY 2008-2009 MIAMI-DADE COUNTY BUDGET PROPOSAL. DISCUSSED Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MAYOR CARLOS ALVAREZ AND THE MEMBERS OF THE MIAMI-DADE COUNTY COMMISSION TO REJECT THE PROPOSED MILLAGE RATE CHANGE AFFECTING THE MUNICIPALITIES IN MIAMI-DADE COUNTY, INCLUDING THE CITY OF MIAMI, AS CURRENTLY BEING PROPOSED; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN AND TO POST A COPY OF THIS RESOLUTION TO THE CITY OF MIAMI'S WEB PAGE. 08-00843a-Submittal-County Manager's Budget Message.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, 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-08-0411 Vice Chair Spence -Jones: All righty. I think that I see -- saw Commissioner Gimenez peep in here a minute ago. Did he --? Oh, if you don't mind, I'd like to see if my colleagues would -- can we acknowledge and recognize Commissioner Gimenez now for his presentation? Yes? Commissioner Sarnoff. Yes. County Commissioner Carlos Gimenez: Thank you, Madam -- Vice Chair Spence -Jones: All right. You're recognized. County Commissioner Gimenez: -- Chairwoman and members of the County [sic] Commission, and thank you for indulging me. I just come down here to inform you about the proposed budget ofMiami-Dade County and its detrimental effects to the City ofMiami and the residents, the residents of the City ofMiami, not the City ofMiami government itself. The proposed budget, what it does is it increases the countywide millage by over three -tenths, and what the Manager and the Mayor had proposed is that they were going to reduce the millages in UMSA (Unincorporated Municipal Services Area), the library district, and fire so that somebody who lives in UMSA last year, they paid 9.2121; this year they will pay 9.2121. Unfortunately, only 44 percent of the people live in UMSA; everybody else lives in a city. So if you live in a city, you're going to be paying more than you did last year, and (UNINTELLIGIBLE) else, at least you won't get the full benefit of the $25, 000 additional homestead exemption that you got. If you don't have a homestead exemption, you will be paying more. And so the irony of this proposal is that the fewer County services that you receive, the more you'll pay because the offset is actually put on the -- if you don't have Fire -Rescue, you don't get the offset. If you don't have -- obviously, you're not an UMSA, so you don't get that offset, and if you don't use the library services, you City ofMiami Page 101 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 don't get that offset. So the biggest loser is the City of Hialeah who does -- has their own Fire Department, who has their own library system, and obviously not an UMSA. They're going to carry the full brunt of the three -tenths mill -- the citizens are going to carry that full brunt. Second biggest losers are unfortunately City ofMiami, Coral Gables, Key Biscayne, and Miami Beach. They have their own fire departments. They all -- but you do have the library system. But for a normal citizen, a normal house, an individual with an additional $25, 000 exemption, the discrepancies are as follows. Somebody in unincorporated area, they'll receive $166 less than they paid last year because of the $25,000 exemption. Somebody living in the City ofMiami is only going to get $34 less. That's a big change. So we have the proposal here. I would urge you to call your -- my colleagues on the Commission that represent the City ofMiami and tell them that this is not fair to, a, the people, the citizens of the City ofMiami and to the cities, and to reconsider or to reject the Mayor and the Manager's proposal. The really bad thing about this is that the people who are least -- can least afford to pay, which are the people, renters, et cetera, they're going to carry the full brunt because there is no $25, 000 exemption. And also, if you have a house that's valued at around $290, 000, the additional $25, 000 exemption is gone with this three -tenths increase. So I would urge you to do that, and l just came here to inform you of that. And -- you don't have to call me; I'm voting no already on this. There are two opportunities. On the 17th, next Thursday, we'll set the trim notice, andl believe that's when we need to send a clear signal to the Manager and the Mayor that we're not in agreement with this. If we -- if that passes, then, in September, when we finally set the final millage, it's going to take two-thirds vote because we're going above -- the recommendation is to go above the State maximum, and again, I will not be voting for that. So if you could call my colleagues that represent, you know, this great city and get more votes on our side, and -- the better it is. Commissioner Sarnoff. Madam Chair. Vice Chair Spence -Jones: Thank you -- Commissioner Regalado: Madam Chair. Vice Chair Spence -Jones: -- Commissioner Gimenez for coming to at least acknowledge and let us know what's actually happening. I really want to commend you for that. I know Commissioner San -- Commissioner Sarnoff. Sarnoff. Vice Chair Spence -Jones: -- Sarnoff was -- Commissioner Sarnoff. I'll yield. Vice Chair Spence -Jones: Okay. Commissioner -- Commissioner Regalado: Just -- thank you, Commissioner. You were the first one to stand up to that budget, which is unfair, because the people in unincorporated Miami -Dade County are getting a free ride, maybe because the Mayor lives there, but you're standing up for the City. You represent a large part of the City ofMiami, our district -- County Commissioner Gimenez: Right. Commissioner Regalado: -- District 4, City of Coral Gables, Key Biscayne, and it's important that you have done that and thank you for your courage and -- and we'll be supporting. Actually, he's right. We have at least six Commissioners that represent parts of the City of Miami. We have Bruno Barreiro, Rebecca Sosa, which, I think, already has said that -- County Commissioner Gimenez: Rebecca -- City ofMiami Page 102 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: -- she follows your lead. County Commissioner Gimenez: Right. Commissioner Regalado: We have Audrey Edmonson; we have Rolle, Commissioner Rolle. We have Bruno Barreiro. So there is a lot to work because in order to do this, they need a super majority, and with Commissioner Gimenez lead, I think that we can make them change because this is not about reducing the budget. This is about being fair and unfair. And, you know, if we all get hit, we all get hit, but it's unfair that the city that does not use the resources of the County as much as UMSA does, it gets hit with that. And, you know, at the end of the day, the residents will see that they are paying more, although they were promised to pay less. So just want to thank you, Commissioner. County Commissioner Gimenez: Thank you, Commissioner. I appreciate that. Vice Chair Spence -Jones: Sarnoff, you're recognized. Commissioner Sarnoff. Yes. Just -- Commissioner Gimenez, just for the record, I would hope that people watching this may get a better understanding so I'm going to ask you some questions and maybe we can -- County Commissioner Gimenez: Sure. Commissioner Sarnoff. -- drill this down so people understand it. Prior to this budget, what percent of the --? The City -- I'm sorry. The County has a fire fee, correct? County Commissioner Gimenez: Yes. Commissioner Sarnoff. And that fire fee paid approximately 90 percent of the fire budget? County Commissioner Gimenez: Yeah, at least. It really was close to -- all of it came from the -- what's called the Fire -Rescue Taxing District. Commissioner Sarnoff. Right. And then they reduced that fee? County Commissioner Gimenez: Yeah. Last year, the millage for Fire -Rescue was 2.2. The proposed millage for this year is 2.0, so they reduced two -tenths. Commissioner Sarnoff. So in doing that, what they're doing is they're taking their fire department, meaning the County's fire department -- City ofMiami has its own, Coral Gables has its own, Key Biscayne has its own, City of Hialeah has its own -- and they're putting that, the difference that they've hidden -- well, let me say it right. What they're doing is they're taking what they're still going to have to pay and put it into their general budget. County Commissioner Gimenez: Yes. Commissioner Sarnoff. Is that fair to say? County Commissioner Gimenez: Yes, that's fair to say. Commissioner Sarnoff. So they're spreading the general budget across the entire County -- County Commissioner Gimenez: Correct. City ofMiami Page 103 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Sarnoff. -- so that those of us that have our own fire departments now have to pay for our fire department, but equally the fire department of Unincorporated Dade? County Commissioner Gimenez: Yes, and under the premise that the Manager and the Mayor have put forward and that there are some countywide services that that -- that the Miami -Dade Fire Department provides that they want it now shift over to the countywide, and so we're going to be taking a close look -- I'm going to be taking a close look at what those services are to make sure that they are correct, but it seems to be a large shift in funding from -- well, there is a large shift in funding from what's the Fire -Rescue Taxing District to the general fund. I remember what -- remember what happens here. When you charge a mill -- let's say you get a dollar per mill. When you charge a mill to the general fund you get a dollar. When you charge a mill to the fire, you get 70 cents because only 70 percent of the people live in it. When you charge a mill to UMSA, you only get 50 cents, and when you charge a mill to the library, it's about 90 percent, but that's such a small millage that that really doesn't make a difference. So, basically, what they've done, they've reduced the UMSA millage, they've reduced the fire millage, they've upped the countywide, and so again, if you're getting less services from the County, you're going to pay -- you're going to end up paying more because you're not going to the get the offset on the other two. Commissioner Sarnoff. So, in essence, they're asking the City ofMiami residents to carry on our backs their Fire Department, to some degree? County Commissioner Gimenez: They're asking all -- the citizens ofMiami, Miami Beach, Hialeah, Coral Gables and Key Biscayne to carry a bigger brunt. Yes, that's what they're doing. Commissioner Sarnoff. Okay. Andl was trying to write down the people to speak to, butt heard Audrey Edmonson, Dorin Rolle, Bruno Barreiro -- what were the other ones? Commissioner Regalado: Rebecca Sosa. Commissioner Sarnoff. Rebecca Sosa. And who else? Commissioner Regalado: And we don't need to call him. County Commissioner Gimenez: No, you don't need to call me. Commissioner Sarnoff. You don't need to call -- County Commissioner Gimenez: No. Commissioner Sarnoff. As a matter of fact, don't call Commissioner Gimenez, but who else? Is that it? So it would be Rebecca, Audrey, Dorin, Bruno. That's it? Commissioner Gonzalez: That's it. Commissioner Sarnoff. That's it? Commissioner Regalado: Rolle. Commissioner Sarnoff. Dorin Rolle, right. Commissioner Regalado: Yeah. County Commissioner Gimenez: Right. City ofMiami Page 104 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Sarnoff.. Okay. So I'd encourage everybody in the City ofMiami to speak up and voice their concern. I think -- Commissioner Regalado: And remember, August 26 is the Miami -Dade County mayoral election, and all the residents and voters of the City ofMiami do vote for the County Mayor. Commissioner Sarnoff.. Should we write somebody's name in? Commissioner Regalado: Huh? His name should be on the top because, actually, he came up with that idea because all the powers of the Manager are now in the hands of the Mayor of Dade County, so he's the one doing the budget and presenting the budget to the County Commission; andl think it's important that he knows that his voters in the City ofMiami are very upset with this situation, which the whole thing is unfair. Andl think that we should call his office. We should write to Mayor Alvarez and express that he needs to be fair. He's elected countywide, so he should be fair to all the residents in the County. Commissioner Sarnoff.. Why don't you convert that to a resolution? Commissioner Regalado: I will convert that to the resolution. A resolution asking the Mayor of Miami -Dade County and the County Commission to -- not to accept the proposed millage change that would affect several municipalities, including the City ofMiami, as proposed Commissioner Sarnoff.. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. County Commissioner Gimenez: Thank you. I appreciate that. One final thing is that really in this proposal everybody basically loses, even the people in UMSA, because we're actually -- the proposal asks for us to go above the state -mandated limits, so even -- if we just went back to state -mandated limits and went back the way that the state mandated limits are set out, everybody would get a break, including the people of UMSA. Every city is getting the short end of the stick here. You're just getting a shorter end of the stick because you have your own fire department. So, you know, I appreciate the time, and you know, keep those phones ringing and call my colleagues, and hopefully, we can derail this and get a -- get the right budget for people in Miami -Dade County. I appreciate it. Vice Chair Spence -Jones: And once again, Commissioner Gimenez, thanks so much for stepping up to the plate and at least bringing this to our attention. We know that you still love the City of Miami in a big way or part of the City -- County Commissioner Gimenez: I do. Yes. Vice Chair Spence -Jones: -- ofMiami. County Commissioner Gimenez: Okay. Vice Chair Spence -Jones: So we really -- Commissioner Sarnoff.. He lives here. Vice Chair Spence -Jones: -- appreciate you coming back and really making sure that all of us City ofMiami Page 105 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 are aware of what we need to do -- County Commissioner Gimenez: Thank you very much. Vice Chair Spence -Jones: -- in order to address the issue. County Commissioner Gimenez: Andl have been going to the -- my -- the different cities which I represent. I was at the Village of Key Biscayne, and they're fully on board. Vice Chair Spence -Jones: Okay. County Commissioner Gimenez: I believe I'll be going to Coral Gables, and -- Vice Chair Spence -Jones: Okay. County Commissioner Gimenez: -- I've also been talking to some of the mayors that are not part of my district, but still are going to be affected, so -- Vice Chair Spence -Jones: Wonderful. County Commissioner Gimenez: -- thank you much. Vice Chair Spence -Jones: Thank you. County Commissioner Gimenez: I appreciate -- Commissioner Gonzalez: Thank you. County Commissioner Gimenez: -- it very much. Vice Chair Spence -Jones: Thank you so much. Commissioner Sarnoff Thank you. Ms. Thompson: Madam Chair -- Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: Yes. Ms. Thompson: -- I just have a quick question. Vice Chair Spence -Jones: No problem. Ms. Thompson: I apologize. I need to make sure that we adopted a motion -- was it a motion that you all voted on? Commissioner Regalado: Yeah, it was a motion, seconded by Commissioner Sarnoff. Ms. Thompson: Okay. Thank you. I just want to make sure. NA.2 08-00854 DISCUSSION ITEM DISCUSSION OF EXTENDING THE DEFERRED RETIREMENT OPTION PLAN (DROP) FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 587. City of Miami Page 106 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 DISCUSSED Direction by Commissioner Gonzalez to the City Manager to bring back an Ordinance for consideration of extending the Deferred Retirement Option Plan (DROP) for members of the International Association of Firefighters, Local 587, at the next City Commission meeting currently scheduled for July 24, 2008. Vice Chair Spence -Jones: I think we're moving on to me, andl have no items at all. So we're going to move straight to the pocket items, and I'm going to refer [sic] to Commissioner Angel Gonzalez regarding his item -- Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: -- pocket item. Commissioner Gonzalez: Thank you. I have two items here, but before addressing these items, there is an issue pending. Back when we approved the DROP (Deferred Retirement Option Plan) for the Police Department, it was requested from the Administration to work with the firefighters, and also, I believe that Commissioner Spence -Jones -- or Vice Chair Spence -Jones requested that the same be done with the -- Vice Chair Spence -Jones: Solid Waste. Commissioner Gonzalez: -- Solid Waste Department. All right. I been -- I have been approached by the Fire Department, by members of the fire union, requesting my assistant [sic] talking to the Manager to find out exactly what's going on on these negotiations. Let me make it clear on the record -- because rumors start to spread in this city, and people love to spread rumors and to create shadows -- that don't negotiate contracts, that don't interfere on Manager negotiations. Andl believe the only one that has the power to negotiate a contract is -- are you, Mr. Manager, right? Pedro G. Hernandez (City Manager): You're correct, sir. Commissioner Gonzalez: All right. So I don't interfere with the Manager power of negotiation, but I believe that, as a City Commissioner, I do have the right to ask questions in reference to how the negotiations are going and what is happening with an issue that was -- been brought by this Commission. I know for a fact that pretty soon -- as a matter of fact, as soon as next week, I believe, we're going to be losing seven firefighters. And my question is, Mr. Manager, how are the negotiations going? And what are we doing to solve the issue? Because there is a concern - -at least have a concern. And I'm sure probably my colleagues also have a concern what are we doing? Where do we stand? What's next? Mr. Hernandez: Commissioner, we have, I would say, been very proactive from the first day that it was -- that we were directed by the City Commission to work on the Fire Department's DROP program. We are doing our due diligence reference the impact on the pension side, and also the impact to the operational budget of the City. That's our responsibility to you. And we have been meeting, as of late, even this morning. And my plan is to continue and to be able to have an item for you. Commissioner Gonzalez: All right. Commissioner Regalado: Can I -- can -- do you yield? Commissioner Gonzalez: I don't want to take much time from the Vice Chair. You have been kind enough to allow me the time, but let me tell you. I want to make something clear here. City of Miami Page 107 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Because, you know, right away when we talk about extending DROP on these employees, you hear, well, you know, the impact on the cost because it doesn't cost the same thing to keep a captain of 40 or 30 years as a trainee of -- that just started. Well, if we -- let's say that we lose a captain, a lieutenant -- andl don't know what the other rank that they have because I'm not too familiar with their ranks -- but we lose three top positions. If we don't fill those three top positions, if we froze them, we're not going to fill them, and we hired three people from the outside, of course, there would be a tremendous savings. But what they don't say is that when you lose three top positions, positions start to roll from the bottom up; you know, your lieutenant goes to captain, the captain goes to major, the major goes to assistant chief the assistant chief goes to deputy chief and then, you know, it goes from the bottom up. And every time that you make one of those moves, there is a consequence, economic consequence of -- I believe, it's a ten percent increase on promotion, right? Mr. Hernandez: Yes. Commissioner Gonzalez: All right. So there is ten -percent increase on promotion. Also, the -- and this apply also to the Miami Police Department. While we have people being trained we are paying them a salary. I don't know if that is considered on the expenses of the extension of the DROP. In addition to that, if we lack personnel that retired and we haven't been able to fill the positions, then we have to pay overtime to the other employees that we have on board to cover for the hours that those employees that retired were putting on until we fill the positions. So, you know, it's not as simple as, listen, these three guys retired, we're going to hire three guys from the bottom, we're going to put them to work and we're going to save `X" amount of thousands of dollars. I believe that the least that we deserve is honesty in the part -- and I'm not saying that you're not being honest, okay. I don't want you to misinterpret me. But I believe that the least that we deserve is honesty on the way that the facts are presented to us so we can make a real, you know, good decision based on true facts, not on elaborated facts. And that's it. That's all I have to -- So my next question is: Could you bring an ordinance on the next meeting, on July 24, extending this DROP? Mr. Hernandez: I plan to, sir, have it here basically with my recommendation for your review and for you to make a, you know, decision on it. The items, in essence, cannot be discussed here on the dais in this chamber. They're supposed to be a negotiation between the Manager and the union. But I think that I can be -- Commissioner Gonzalez: No. I don't want to discuss it. I don't want -- Mr. Hernandez: No. Commissioner Gonzalez: -- to discuss the -- Mr. Hernandez: But think can be prepared to bring the -- an item to the City Commission on the 24th. And my understanding is that in order to minimize the impact to a certain number of affected employees from Fire, that you may want to have this item to be an emergency -type item in order to, if you so desire, pass it on one day, on the same day. Commissioner Gonzalez: All right. Thank you, Mr. Manager. Commissioner Regalado: If -- Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you very much, Madam Chair. Andl discussed this with the Manager and with Hector yesterday. Andl was pleased that the Manager is willing to be fair because, see, what we're trying to do here is to be fair with all the employees of the City of City of Miami Page 108 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Miami. Unfortunately, sometimes even the Manager gets wrong information, and then we get wrong information. Because Commissioner Gonzalez is right. It's not about you get rid of a captain that makes $150, 000 and hire a rookie and you save $100,000. It is that the next guy moves on, moves on, so the impact to the budget actually, when people are in DROP, is more because of the raises that get the people that get promoted. And if they were to stay, they will stay at the same salary for another year, which is what you being asked to do. Now, you just promised Commissioner Gonzalez that you would try to bring an ordinance. Andl guess it's very simple because it's only extending a DROP -- there are no other issues -- in order to avoid experienced firefighters leaving the force in the next weeks. However, according to the bylaws, you know that you do have to sign the agreement tomorrow, so they'll have time to vote and be on time for the agenda of the 24th. You know that. Mr. Hernandez: Commissioner, I'm aware. Commissioner Regalado: Okay, so if you are aware and you will do everything that you have in your power -- and you have all the powers in this case -- then we should expect the item on the July 24 agenda. Mr. Hernandez: Yes, Commissioner. Commissioner Regalado: Okay. Mr. Hernandez: I mean, it's -- just to add to it -- Commissioner Regalado: That's -- Mr. Hernandez: -- it appears to be simple, but it's not that simple. However, with the willingness of the union and the effort on my part, my plan is to have that done in a way that they can advertise tomorrow and be able to have the item here on the 24th. Commissioner Regalado: Nothing is simple. We spend an hour today discussing a committee that only recommends, so nothing is simple. But when there is a will, it happens. Commissioner Gonzalez: There is power. Commissioner Regalado: So I'm just saying, because it is important. I mean, the Mayor today recognized all of the departments. I think that he didn't even miss one because what the employees did. It will be wrong to send a message that we do things for one part of the City and we don't do it for all, if that is the will and the need of all the employees. And suppose that the impact on the budget may be 10,000 or 15,000. Maybe, because we don't know. Neither you. Well, we are buying experience and we are buying security, safety for the people ofMiami. That's all wanted to say. Mr. Hernandez: Commissioners, my job is to ensure that you have all available information at your disposal before the decision is made, the financial impact on the pension side and also on the operational side. We continue to work today and analyze those impacts. And my plan is to make sure that we have it at the following meeting. Commissioner Regalado: And just for information of my colleagues and the people, after lunch, I spoke by phone to -- with Mayor Julio Robaina of Hialeah, and Mayor Robaina also is bringing to his board, to the council in Hialeah, a resolution in order to work to get seven votes in the County Commission so the mayor's proposal will not be approved. Hialeah has been doing the numbers, and the residents of Hialeah will be seriously impacted. And if the residents of Hialeah will be seriously impacted, we can say that the residents ofMiami will be, also, seriously impacted because we have been measured with the same rule. So Mayor Robaina is City ofMiami Page 109 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 congratulating the City Commission for taking this proactive action, and he will be lobbying -- and the goal is to have seven County Commissioners opposing the Mayor Carlos Alvarez proposal. And that would be the end. And then we'll go back to normal, if that is the case. NA.3 08-00708a RESOLUTION OF CONDOLENCE Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING Clerk DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF WILLIAM "BILL" SEIDLE UPON HIS UNTIMELY DEATH. 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-08-0412 Commissioner Gonzalez: All right. I have two regular pocket items. One is a resolution that we already passed, butl believe there was a mistake on it. A resolution of the City ofMiami Commission expressing deepest sympathy and sincerest condolences on behalf of the City of Miami and its citizens to the family and friends of William "Bill" Seidle upon his death. That is a motion. Vice Chair Spence -Jones: Have a motion. Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. NA.4 08-00840 ORDINANCE First Reading District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Commissioner CHAPTERS 2 AND 12.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, Angel Gonzalez AS AMENDED, BY ESTABLISHING THE DISTRICT 1 HOUSING ADVISORY BOARD ("ADVISORY BOARD") BY DEFINING THE GEOGRAPHIC BOUNDARIES FOR THE DISTRICT 1 COMMUNITY REVITALIZATION DISTRICT, SETTING FORTH THE ADVISORY BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS AND PROCEDURES, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON DESIGNATED BY THE CITY MANAGER, COUNSEL, BUDGET APPROVAL AND ANNUAL REPORT AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 5 TO CHAPTER 12.5 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00840 Legislation.pdf City ofMiami Page 110 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: Commissioner Gonzalez, you have another --? Commissioner Gonzalez: All right. The other one is an ordinance of the Miami City Commission amending Chapter 2 and 12.5 of the Code of the City ofMiami, Florida, as amended, by establishing the District 1 Housing Advisory Board ('Advisory Board") by defining the geographic boundaries for the district community revitalization district, setting forth the board's purpose, powers and duties, providing for composition and appointments and procedures, terms of office, vacancies, membership qualifications, attendance requirements, officers, quorum and voting, meetings, abolishment, liaison designated by the City Manager, counsel, budget approval and annual report and providing for a sunset review; more particularly, by amending Section 2-892 and adding the new Division 5 to Chapter 12.5 of the Code; containing a repealer provision and a severability clause and providing for an effective date. That's my other pocket item. Vice Chair Spence -Jones: All right. We have a motion. Do we have a--? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? Commissioner Gonzalez: Aye. Commissioner Regalado: No. It's an ordinance. Commissioner Gonzalez: Oh, I'm sorry. Vice Chair Spence -Jones: Oh, yeah. Commissioner Gonzalez: It's an ordinance. Vice Chair Spence -Jones: It's an ordinance, right. Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: Roll call. Priscilla A. Thompson (City Clerk): Thank you. 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. NA.5 08-00855 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE PERFORMING ARTS CENTER TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 111 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Hank Klein Commission -At -Large Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez NA.6 08-00709a Office of the City Clerk R-08-0426 Vice Chair Spence -Jones: Okay. We're going to move on to dis -- no more appoint -- no more pocket items. Commissioner Gonzalez: No more. That's it. Thank you very much. Vice Chair Spence -Jones: No problem. District 2. Commissioner Sarnoff. Thank you, Madam Chair. I have a pocket item for the appointment of Hank Klein to the Performing Arts Center. This was a vacancy that's been -- we have two appointments. This Commission appointed me to be one of them, but we have a pending open appointment, and would move to have Hank Klein. I think provided to each and every one of you his background. He's the former president of the Greater Miami Chamber of Commerce. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Okay. We had a motion, had a second. All in favor? The Commission (Collectively): Aye. RESOLUTION OF CONDOLENCE A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF RAUL ALARCON SR. UPON HIS UNTIMELY DEATH. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, 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-08-0410 Vice Chair Spence -Jones: Okay. We're going to move on to Commissioner Regalado's pocket item. You have one. Commissioner Regalado: I have one. It's actually a draft that has to be -- a draft that was approved here, but the City Clerk tells me that we need to approve the draft, and it's basically similar to what Commissioner Gonzalez did. It's a resolution of the Miami City Commission expressing deepest sympathy and sincerest condolences on behalf of the City ofMiami and its citizens to the family and friends of Raul Alarcon, the chairman and founder of the Spanish Broadcasting System, upon his untimely death. And it will be signed by the Mayor and members of the Commission. City ofMiami Page 112 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Had a motion -- Commissioner Regalado: Yes. Vice Chair Spence -Jones: -- and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. NA.7 08-00856 DISCUSSION ITEM DISCUSSION OF THE VIZCAYA LAWSUIT. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed with Chair Sanchez absent and Commissioner Gonzalez voting no, directing the City Attorney not to file a notice of appeal to the 3rdDistrict Court ofAppeal. Vice Chair Spence -Jones: Is there another one? Commissioner Regalado: No. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. I'm sorry. I had a couple more. I don't mean to -- Vice Chair Spence -Jones: Oh, okay. I thought you only had one. Go 'head [sic]. Commissioner Sarnoff. All right. I have a motion to direct the City Attorney -- and Mr. -- Madam City Attorney, this is regarding the memo that you sent out to us regarding the Vizcaya versus City ofMiami lawsuit. You said that unless I don't hear from you, otherwise I will appeal the -- I think it's Eleventh Judicial -- is it Seventeenth Judicial Circuit -- no, Eleventh Judicial Circuit's determination found in that case. I'm going to make a motion to direct the City Attorney not to file a notice of appeal to the Third District Court ofAppeal. Commissioner Regalado: I will second the motion. Vice Chair Spence -Jones: All in -- We had a motion. We had a second. Madam City Attorney, do you have a comment on this? Julie O. Bru (City Attorney): No. It's at your discretion. Vice Chair Spence -Jones: Oh, okay, 'cause you were shaking your head. I just want -- okay. We had a motion and a second. All in favor. All right. Commissioner Sarnoff, you have another item? Commissioner Sarnoff. Yeah. Ms. Bru: Just for the record -- I'm sorry, Madam Chairman [sic]. I am not sure whether or not we have actually already filed the notice of appeal. If we have, we will just then not prosecute the appeal. Commissioner Sarnoff. Okay. City ofMiami Page 113 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: You're recognized, Commissioner -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: -- Sarnoff. Commissioner Gonzalez: I want you to register my vote no in this item. NA.8 08-00857 DISCUSSION ITEM DISCUSSION ON WHETHER THE MIAMI ARTS MUSEUM (MAM) HAS MET ITS FINANCIAL THRESHOLD REQUIREMENTS. DISCUSSED Direction by Commissioner Sarnoff to the City Manager to research and determine whether the Miami Arts Museum (M41v[) has fulfilled its financial requirements, and to bring this item back for consideration at the Commission meeting currently scheduled for July 24, 2008. Commissioner Sarnoff. I also have -- oh, Mr. Manager, would you place a resolution on the June 24 agenda asking to bring back the -- I believe M4tvf (Miami Art Museum) would like to try to get their $2 million. I'd like you to make a determination if they have fulled the financial requirements of I believe, the June '07 resolution. IfI misquoted the month, I don't mean to, but just to bring it back so that we can determine from you if, in fact, they have raise -- met the financial threshold, and then this Board can decide whether it wishes to extend the $2 million pledge. Pedro G. Hernandez (City Manager): I will, Commissioner. I'll be happy to do so. Commissioner Sarnoff. Okay. NA.9 08-00845 DISCUSSION ITEM BRIEF DISCUSSION REGARDING UPCOMING IMPROVEMENTS TO ELIZABETH STEELE PARK. DISCUSSED Commissioner Sarnoff. And -- Vice Chair Spence -Jones: Got another one? Commissioner Sarnoff. I do. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. Just a brief comment to some Grove residents who are watching this, and that is over -- of course, now I'm looking for it. [Later..] Commissioner Sarnoff. Just for the Grove residents. We've been receiving a great many e-mails (electronic) in regards to Elizabeth Steele Mini Park. And for those of you that come home from downtown, it's the park on the left-hand side about approximately four or five blocks before you get to Kennedy Park. This park is -- has a construction fence around it. Just so nobody panics, a developer has agreed to do significant improvements in this park; new tree, new sod, new site drainage, new lighting, new benches, new sprinklers, new picnic tables, new trash bins, new City of Miami Page 114 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 sidewalks, new doggy pots, and new water fountain. And just so everybody is not concerned, this is not a Mary Brickell situation, where any of the park is going to be devoted to any of the developer. And so everyone gets a good understanding, this should take about six months to accomplish. The developer's doing it at his expense, and it will only make it a better park, and none of the park should be used by the developer for the storage of any of his construction material, so everybody in the Grove should be aware of that. Thank you. Vice Chair Spence -Jones: Thank you, Commissioner Sarnoff. NA.10 08-00846 DISCUSSION ITEM DISCUSSION REGARDING SCHEDULING A BUDGET WORKSHOP OF THE CITY COMMISSION TO BE HELD IN THE MONTH OF AUGUST 2008. DISCUSSED Discussion on the item resulted in the resolution below: (NA.10 08-00846a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL COMMISSION MEETING ON AUGUST 25, 2008 AT 9:30 AM, TO CONSIST OF A BUDGET WORKSHOP AND THE PRESENTATION OF THE CITY'S AUDITED FINANCIAL STATEMENT. Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, 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-08-0425 Pedro G. Hernandez (City Manager): Madam Chair, in the meantime -- at this time Commissioner Sarnoff is looking for some documents -- I sent out a notice, and I believe that my staff check with your offices as far as having a budget workshop on August 21, and the time that we have is in the afternoon, I think it's 2, 2: 30. It's at 2: 30, I believe. Andl wanted to get your feedback, and if possible, a motion so we can officially designate it. Vice Chair Spence -Jones: I think I've gotten back to your office on my end. Mr. Hernandez: Yes. Vice Chair Spence -Jones: August 22 is going to be a very difficult time for me, so I mean, I -- other Commissioners, they can do it, but would not be able to do it. Commissioner Sarnoff. I'm sorry, what was that? Vice Chair Spence -Jones: August 22 -- Commissioner Gonzalez: I'm fine. Vice Chair Spence -Jones: -- the budget workshops. Mr. Hernandez: Right. It is that we're trying -- we tried to set it up like two weeks in advance from the first budget hearing to then allow sufficient time for staff to make adjustments based on your comments. City of Miami Page 115 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: And -- Vice Chair Spence -Jones: Can we do it the week after? I mean, I would -- I really would like to be here, but I'm already scheduled to not be in town, so -- because usually August we're not here. Commissioner Sarnoff. How about while you guys are talk --? Well, go ahead. Mr. Hernandez: Please. Commissioner Sarnoff. Okay. Mr. Hernandez: Thank you. [Later..] Vice Chair Spence -Jones: I'm going to ask that we recess for maybe five minutes to give the City Attorney -- and then we'll come back and deal with this issue, and then after that, we will adjourn this meeting. Commissioner Sarnoff. Wait. Pete wants something. Vice Chair Spence -Jones: Oh. Mr. Hernandez: Madam Chair, I have a new proposed date for the budget workshop. Vice Chair Spence -Jones: Yes. Mr. Hernandez: It's Monday, August 25, in the morning. Vice Chair Spence -Jones: That works for me, if you guys are okay. Commissioner Gonzalez: Fine. Mr. Hernandez: Nine -thirty -- Vice Chair Spence -Jones: Ten? Mr. Hernandez: -- ten? Ten o'clock. Vice Chair Spence -Jones: All right, no problem. Is that a yes for everyone? Commissioner Regalado: How long is it? Vice Chair Spence -Jones: August 25. Commissioner Regalado: How long is -- Commissioner Sarnoff. There goes my vacation -- Commissioner Regalado: Huh? Commissioner Sarnoff. -- but I don't mind, Pete. My wife will be calling you, though. Vice Chair Spence -Jones: We can change the date if that's a problem. City of Miami Page 116 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: But can we --? Mr. Hernandez: We -- I mean, we could change it to the 28, to the 20 -- Commissioner Sarnoff. Any time later in August is better for me, but -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. -- I don't want to -- I want to give you time to react. I -- 'cause I think that's what you're asking for is you -- Mr. Hernandez: Yes. Commissioner Sarnoff. -- want to have time to react to a Commissioner going, "We're doing away with Public Works," you know, something like that. Mr. Hernandez: He was just kidding. Commissioner Sarnoff. Or was it the City -- no. Commissioner Regalado: If you all don't mind -- Vice Chair Spence -Jones: Yes. Commissioner Regalado: -- is it possible instead of 10, 9: 30? Vice Chair Spence -Jones: That's fine. Commissioner Regalado: Okay. Vice Chair Spence -Jones: All right, so August 25, at 10: 30 [sic], we will have our budget -- Mr. Hernandez: August 25, 9: 30. Vice Chair Spence -Jones: Okay, Aug -- He just said 10: 30. Mr. Hernandez: No, he -- Commissioner Regalado: No, 9: 30. Vice Chair Spence -Jones: Nine -thirty? Commissioner Regalado: Nine. Vice Chair Spence -Jones: Okay, no problem. I'll make the adjustment. No problem. Commissioner Gonzalez: Fine with me. Commissioner Regalado: One -- Priscilla A. Thompson (City Clerk): Excuse me. Commissioner Regalado: -- question. City of Miami Page 117 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Ms. Thompson: In order for you to go ahead and do this, we do need you to vote on that date because we'll be calling a special Commission meeting for that workshop. So you do have to go ahead -- I need a mover, seconder, and a vote. Vice Chair Spence -Jones: Okay, so do we have a motion for August -- Commissioner Sarnoff.. So move. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Ms. Thompson: Thank you. [Later...] Mr. Hernandez: Madam Chair, on the meeting that we have just approved for August 25 for the budget workshop, we will also be having on that agenda the financial discussion on the audit. Commissioner Gonzalez: On the what? Larry Spring: Audit. Sorry, Madam Chair. Larry Spring, CFO (Chief Financial Officer). At the budget workshop, we will also use the workshop time to discuss -- for the auditors to present the audited financial statements at the same meeting, so not to have to bring you back. Commissioner Sarnoff.. We don't want to hear that then. Commissioner Regalado: On -- Commissioner Sarnoff.. We only want to work on -- as in Commissioner Gonzalez's -- Mr. Spring: They're interrelated. Commissioner Sarnoff.. -- best statement I've ever heard from anyone from this dais, we matter one time a year, and this is the day we matter. Commissioner Gonzalez: That is the time. Commissioner Sarnoff.. And let me tell you, I don't want obscurity. I don't want audit. I want to hear about how we're going to cut this budget. Mr. Hernandez: Commission [sic], that's just perception. We serve you all year round. Vice Chair Spence -Jones: Thank you, Mr. Manager. So we've got -- Commissioner Regalado: On the -- Vice Chair Spence -Jones: -- a date and time? City of Miami Page 118 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: No. On the budget workshop, is it possible that we can have legislation in the budget workshop? Julie O. Bru (City Attorney): If you advertise it just as a budget workshop, you can only do just the workshop. There's no -- there will not be any action taken. Commissioner Regalado: I understand that. But how do we open the possibility of legislation? Ms. Bru: Then you can advertise it as a special meeting wherein where you would be allowed to take action. So we can phrase the advertisement as such to allow you to take action; however, the action would have to be articulated, what it is, what would be discussed that you would potentially be taking action on. Commissioner Regalado: No. I'm just saying suppose that the Manager is not able to bring the DROP (Deferred Retirement Option Plans) of the Fire Department because unexpected situation. And then we have another date to do it before September. Ms. Bru: You'd have to advertise that as a special City Commission meeting and indicate that at that special City Commission meeting, you would be considering that item and just describe it. Mr. Hernandez: Commissioner, if that was the case, I would be able to do an advertisement with the proper notice, seven days, ten days -- Commissioner Regalado: Right. Mr. Hernandez: -- in advance of that date. Commissioner Regalado: So I'm just trying to understand. Mr. Hernandez: So it's -- Yes, the opportunity is there in case that it's needed. Commissioner Regalado: Okay. NA.11 08-00847 DISCUSSION ITEM DISCUSSION REGARDING THE CONSIDERATION OF THE VOTE MADE ON THE KUBIK PROJECT AT THE JUNE 26, 2008 PLANNING AND ZONING CITY COMMISSION MEETING. DISCUSSED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and failed, with Chair Sanchez absent, and Vice Chair Spence -Jones and Commissioner Gonzalez voting no, to reconsider the vote made on the Kubik project at the June 26, 2008 Planning & Zoning City Commission meeting. Vice Chair Spence -Jones: Any more items? Commissioner Sarnoff. I do. I have one last one. And I'm going to, under Mason's Rules, ask this Board to reconsider its decision that it made with regard to Kubik to bring it back to the July 24, 2004 [sic] meeting. Vice Chair Spence -Jones: I'm going to ask that, since we don't have all of the Commissioners sitting here, which I would prefer to have all the City Commissioners sitting here for us to make that decision, I would ask that we please wait until we do that. Commissioner Sarnoff. I -- under Mason's Rule, I have no choice but to bring it today. City of Miami Page 119 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: Okay. Madam City Attorney, can you please make sure we're clear on this? It's my suggestion -- he's mentioning the Mason's Rules, but it's my suggestion that anything that we talk about in reference to Kubik, since we don't have another City Commissioner here, which is the Chairman of the Board, I would suggest that we wait for him before we make any decisions about anything that we voted on. Commissioner Regalado: You can't, if you don't do it now. Commissioner Sarnoff. Right. Commissioner Gonzalez: I know that on the Robert's Rules, the prevailing side is the one that has -- Commissioner Sarnoff. Not under Mason's. Well, I should let the City Attorney -- I'm sorry. Julie O. Bru (City Attorney): We have a specific section in our Code that deals with reconsideration of the kind of item that you're discussing, so let us check with that to make sure, because I know that there's a time limit for bringing back such a decision. We're going to check on it, and we'll get back to you in a minute. Commissioner Sarnoff. Okay. Vice Chair Spence -Jones: And then my question is, you know -- First of all, I mean -- andl understand, Commissioner Sarnoff, where you're trying to go, but I think that it's a little unfair for you to try to do that without having all five Commissioners sitting here. Quite frankly, I would never do that to you if you were not here. Commissioner Sarnoff. I'm -- Vice Chair Spence -Jones: And as I would sit in my seat as the Chair or as the Vice Chair, I would be the one that would be standing up saying, "Well, Commissioner Sarnoff is not here, so I would prefer for him to be here before we make a decision like that." Commissioner Sarnoff. I understand. All I am doing is my -- giving you my understanding of Mason's Rules that it must be brought up at the next Commission meeting; to do so would be to waive it. I don't control whether Commissioner Sanchez will or will not be here. I can only bring forth the motion. Ms. Bru: Again, I know that for land use matters, we have a particular Code section that governs the time frame for bringing back a motion for reconsideration of an item that deals with land use. And Maria Chiaro's looking at it, and we'll get back to you. Vice Chair Spence -Jones: And then my question becomes -- you know, because obviously it's been planned out and thought about, you know, that he was going to -- that Commissioner Sarnoff was going to bring this up as an issue. Has he -- did he vet this out with you in the beginning, or are you just hearing it now -- Ms. Bru: No. Vice Chair Spence -Jones: -- for the first time? Ms. Bru: I -- Vice Chair Spence -Jones: You know, it's like -- you know, we're all working for the same city. City of Miami Page 120 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 So, I mean, you should not have to be put on the spot. All he had to do was ask the question. Commissioner Sarnoff. Well, she gets paid pretty well to get put on the spot. Vice Chair Spence -Jones: But that's not the point. That's not the point. We're here to represent the entire city. Commissioner Sarnoff. She's the lawyer. She should be able to -- Vice Chair Spence -Jones: That's not the point. We should not be thrown off guard. Your fellow Commissioners that sit up here with you should not be thrown off guard Commissioner Sarnoff. You know -- Vice Chair Spence -Jones: If you don't -- if we don't have any respect for the City Attorney -- Commissioner Sarnoff. -- Commissioner, I am -- Vice Chair Spence -Jones: -- then you have it -- Commissioner Sarnoff. -- merely -- Vice Chair Spence -Jones: -- for us. Commissioner Sarnoff. -- doing what I think in District 2's best interest. Vice Chair Spence -Jones: I understand that. Commissioner Sarnoff. And when -- well, let me finish. I saw some things today that wouldn't have expected to see as pocket items, butt read them. I understood them. I understood the intent behind them, and l fathomed them and l dealt with it. All I'm doing is exercising what l think are District 2's privileges. And if I'm wrong, the City Attorney will tell me I'm wrong. And if I'm right, it could very well be a tie vote, just judging by your demeanor, in which case it dies. Vice Chair Spence -Jones: That's not even the issue. That's not the issue at all, sir. Andl know you know what the issue is. So while the City Attorney is looking for that information, is there -- do you have any other pocket items? Commissioner Sarnoff. I don't, ma'am. [Later..] Ms. Bru: Madam Chair? Vice Chair Spence -Jones: Yes. Ms. Bru: I -- we did look at the -- our Zoning Code where we have a specific -- Vice Chair Spence -Jones: Oh, I'm sorry. I just wanted -- Did we get a vote on that, Madam Chair -- Madam Clerk? Ms. Bru: Oh. Priscilla A. Thompson (City Clerk): We got a vote on the budget workshop; yes, we did. City of Miami Page 121 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Vice Chair Spence -Jones: Yeah. I just -- Ms. Thompson: The other -- Vice Chair Spence -Jones: -- I wasn't -- I just wanted -- Ms. Thompson: And we would -- Vice Chair Spence -Jones: -- to make -- okay. Ms. Thompson: -- be amending that to make sure that it includes the audit report as well as the budget workshop. Vice Chair Spence -Jones: Okay, so we don't have to do anything else on it? Ms. Thompson: No, ma'am. Vice Chair Spence -Jones: All right, no problem. Sorry about that. I'm sorry, Madam -- Ms. Bru: I just wanted to double-check with our Zoning Code, and we do have a provision that deals specifically with amendments to the Zoning Code Comprehensive Plan or elements thereof. What you are moving to reconsider is neither of those, so that doesn't apply. That particular rule that we have in our Zoning Code doesn't apply. We're left with Mason's, which is generally what you have adopted as your rules of procedure. Commissioner Sarnoffs motion is proper. Anyone can move to have an item reconsidered. And you can take a vote on it, if you so wish to do so. Vice Chair Spence -Jones: So you've already offered a motion? Commissioner Sarnoff It's been seconded. Vice Chair Spence -Jones: And it's been seconded, so I guess -- Ms. Thompson: No. I'm sorry. I don't have a -- Commissioner Sarnoff I heard Commissioner -- Ms. Thompson: It started with the discussion. We need to get some clarification. So now I need the motion and the second. Vice Chair Spence -Jones: They both -- he motioned and Commissioner Regalado second. Ms. Thompson: Thank you. Vice Chair Spence -Jones: So now we need to call for a vote. Ms. Thompson: You want us to roll call? Vice Chair Spence -Jones: Roll call. Ms. Thompson: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Thompson: Commissioner Regalado? City of Miami Page 122 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chair [sic] Spence -Jones? Vice Chair Spence -Jones: No. Ms. Thompson: That motion, of course, dies. It's a tie vote. Vice Chair Spence -Jones: Okay. I'd like to officially adjourn the meeting today, and thanks, everyone. NA.12 08-00848 DISCUSSION ITEM DISCUSSION REGARDING THE REDIRECTION OF FUNDS FROM THE POLICE ATHLETIC LEAGUE TO THE LIBERTY CITY TRUST. DISCUSSED Direction by Vice Chair Spence -Jones to the City Manager to redirect $15, 000 allocated to the Police Athletic League for summer programs in District 5 to the Liberty City Trust. Vice Chair Spence -Jones: All right. So at this point, I do have one pocket item, sir, and it's not really a pocket item. It's really for us to redirect the $15, 000 from PAL (Police Athletic League) to Liberty City Trust, only because we've been waiting for the Police Department for the last six weeks to start this program in the heart of Liberty City for these kids. And over 200 kids are waiting now for a simple little summer program. So I'm just asking, Mr. City Manager, if you can redirect those dollars so that those kids could go 'head [sic] and get started for the summer program, I would greatly appreciate it. NA.13 08-00851 DISCUSSION ITEM BRIEF DISCUSSION REGARDING CREATION OF A PARK IN LIBERTY SQUARE HOUSING PROJECT. DISCUSSED Direction by Vice Chair Spence -Jones to the City Manager to provide a report at the next City Commission meeting regarding the creation of a park in the Liberty Square housing project. Vice Chair Spence -Jones: And then my other question real fast too is at the next City Commission, if you can bring me an update on the park that we were trying to put in the heart of the Liberty Square housing project. We've been talking about that for seven months and that hasn't happened either. If you can bring back a report on that, I would greatly appreciate it. Pedro G. Hernandez (City Manager): Commissioner, I'll follow up on both items. Vice Chair Spence -Jones: Okay. NA.14 08-00852 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE CONDITION OF TWO PROPERTIES IN DISTRICT 5. DISCUSSED City of Miami Page 123 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Commissioner Gonzalez: I do have a question -- Vice Chair Spence -Jones: Sure. Commissioner Gonzalez: -- directed to you, Vice Chair. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: Two weeks ago on Sunday, I went out with the police at 12 midnight and stayed with them until about 4 o'clock in the morning, and we were basically working in Allapattah, looking for consumption of drugs and prostitution and all that on abandoned houses. And we found two properties in what used to be my district before in Allapattah, on 38th -- 39th Street, I believe. We sent you an e-mail (electronic) -- Vice Chair Spence -Jones: Okay. You might -- Commissioner Gonzalez: -- my office sent -- Vice Chair Spence -Jones: -- Koteles might have it. Commissioner Gonzalez: -- a communication to your office. Are you in receive [sic] of it? Vice Chair Spence -Jones: I'll talk to Koteles. He -- they -- Commissioner Gonzalez: Okay. Vice Chair Spence -Jones: -- may have it. Commissioner Gonzalez: Because that area, believe it or not, there have been some new constructions in the area, even new homes built, and it's -- you know, it's really a shame. Vice Chair Spence -Jones: Okay. Give me -- what is the address, and I'll look in --? Commissioner Gonzalez: I don't have them with me. We -- Vice Chair Spence -Jones: Frank, will you make sure that Koteles has --? Commissioner Gonzalez: I told Frank to send it to your office so you'll -- Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: -- be aware of the issue. Vice Chair Spence -Jones: Okay, no problem. We'll make sure we follow up. Thank you, though. Commissioner Gonzalez: All right. NA.15 08-00853 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE RESCHEDULING OF THE CITY COMMISSION MEETING CURRENTLY SCHEDULED FOR OCTOBER 9, 2008. DISCUSSED City of Miami Page 124 Printed on 7/28/2008 City Commission Meeting Minutes July 10, 2008 Priscilla A. Thompson (City Clerk): IfI might ask, Chair, as we're waiting, just to bring to the Manager's attention, we were advised that the October 9 meeting actually falls on Yom Kippur, and the Commission may want to consider rescheduling that Commission meeting date. I don't know if the Manager is prepared to go forth with that now. If you all want to wait and consider it at the September meeting -- the October 9 meeting. So it's just -- the more time you give us, then we can get through with all of our advertising, rescheduling, all of those kinds -- Pedro G. Hernandez (City Manager): Right. Ms. Thompson: -- of things. Vice Chair Spence -Jones: So do we want to move the meeting? Mr. Hernandez: I would prefer -- that's -- the issue is with the October 9 meeting, right? Vice Chair Spence -Jones: Okay. Ms. Thompson: Yes. Mr. Hernandez: I would prefer -- this is the October 9 meeting. I would like to have the opportunity to check with the Commissioners to have the proper alternate date selected and then act on the 24th, on July 24. I think that we have ample time on July 24 to make a decision as to when the new date should be if the Commission desires to move it. Ms. Thompson: Thank you. I just needed to make sure we brought it to their attention. City of Miami Page 125 Printed on 7/28/2008