The URL can be used to link to this page

Home My WebLink AboutCC 2008-09-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 11, 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 September 11, 2008 PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCE PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 11 th day of September 2008, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9:22 a.m., recessed at 12: 16 p.m., reconvened at 3:17 p.m., and adjourned at 5:41 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:29 a.m. Commissioner Gonzalez entered the Commission chambers at 3:26p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk City ofMiami Page 2 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: All right, ladies and gentlemen. We do have a quorum on the Commission side. Who's going to be stepping in for the City Manager? I just need somebody to sit on that chair, somebody who represents the City Manager. All right, ladies and gentlemen, welcome to the September 11, 208 [sic] meeting of the City ofMiami Commission here at these historic chambers. The members of the City Commission are Vice Chair Michelle Spence -Jones, Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner Marc David Sarnoff, and me as your Chair, Commissioner Joe Sanchez. Also present at this meeting, we will have the City Manager, Pete Hernandez; also our Attorney, Julie O. Bru, and of course, our City Clerk, Pamela Burns, who is sitting in for our City Clerk. The meeting will be opened by a prayer, which I will give, and then we'll have the pledge of allegiance by the Vice Chair, Michelle Spence -Jones. Could you please rise and bow your heads as we pray? Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 08-01046 PRESENTATION Honoree City of Miami Housing and Commercial Loan Committee Tony Lopez 90th Birthday Charles J. Flowers Youth Sailing Awards 2008 U.S. Jr. Women's Presenter Mayor Diaz Chairman Sanchez Commissioner Regalado Commissioner Sarnoff Protocol Item Certificates of Appreciation Birthday Proclamation Salute Certificates of Merit Single-handed Championship - Leither Memorial Trophy Arielle deLisser 2008 William I. Koch International Sea Scout Cup Regatta Patrick Arrington 2008 USODA Optimist National Championship Sean Brennan Connor Brannon Parker Brannon 2008 Snipe Jr. Nationals Nick Voss Tommy Fink Special Presentations Mayor Diaz recognizes the Office of Strategic Planning, Budgeting and Performance (OSPBP) for having received the Distinguished Budget Presentation Award for fiscal year 2007-08 given by the Government Finance Officers Association. The Humane Society of Greater Miami/Adopt-A-Pet pays tribute to Mayor Diaz and Commissioners. A. Phillip Randolph Association pays tribute to Commissioner Michelle Spence -Jones. The Parks Department is awarded $5000 from the City Manager's Economic Initiative Grant. 08-01 046.pdf 1. Chair Sanchez paid tribute to Tony Lopez by presenting him with a birthday proclamation honoring his 90th birthday; further recognizing Mr. Lopez as an esteemed artist of South Florida neighborhoods, creating harmony and peace through his artistic vision; further recognizing his personal example as one who welcomes visiting artists from across the world to work in his studio. 2. Commissioner Sarnoffpresented Certificates ofMerit to Arielle deLisser (2008 U.S. Jr. Women's Single -Handed Championship - Leither Memorial Trophy), Patrick Arrington (2008 William I. Koch International Sea Scout Cup Regatta), Sean Brennan, Connor Brannon, Parker City ofMiami Page 3 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Brannon (2008 USODA Optimist National Championship), and Nick Voss and Tommy Fink (2008 Snipe Jr. Nationals) paying highest tribute to their physical excellence and competitive talents, and congratulating them on their sailing skills honed in South Florida waters. 3. Mayor Diaz presented Certificates ofAppreciation to members of the City ofMiami Housing and Commercial Loan Committee (Armando Bravo, Yvonne Debesa, Ann Kashmer, Bill Rammos, Diana Gomez, Dean Lewis, Alex Frazier, Kevin Deeb, Jorge Valdez, Jose Cintron) recognizing their distinguished service and outstanding tenure as Board members, seeking to provide fair housing services to benefit City ofMiami residents. 4. Commissioner Regalado paid tribute to Charles J. Flowers in recognition of his distinguished tenure and valuable service as a member of the Zoning Board; further recognizing his eight year tenure serving on said board as guardian for the just and consistent application of Zoning Board rules and regulations for the benefit of City ofMiami residents. 5. Mayor Diaz paid fribute to Laura Billberry for her reliable service and dedication as an outstanding administrative employee who ends her tenure as director of Public Facilities; further recognizing the leadership and expertise she has provided to City management with cooperative and dependable service, giving special acknowledgment to her critical collaboration with City ofMiami teams working to elevate the quality of life in the City ofMiami. 6. Mayor Diaz recognized the Office of Strategic Planning, Budgeting and Performance for having received from the Government Finance Officers Association the Distinguished Budget Presentation Award for fiscal year 2007-2008, the highest form of recognition a municipality can receive for a governmental budget. 7. Glendon Hall (Senior Project Manager) presented to Ernest Burkeen, on behalf of the Department of Parks and Recreation, a grant award in the amount of $5, 000 from the City Manager's economic initiative. 8. Members of the A. Phillip Randolph Association paid tribute to Commissioner Michelle Spence -Jones for her hard work and dedication to the quality of life in the Overtown community. 9. Rob Hudson, vice chair and chairman -elect, Emily Marquez, CEO/executive director, Dr. Bryan Huntsman, director of medical services, and Jason Alderman, treasurer, of the Humane Society of Greater Miami/Adopt-A-Pet paid fribute to Mayor Diaz, City Commissioners, and David Rosemond, director of the Neighborhood Enhancement Teams, for their tremendous support of the humane society over the recent year; further presenting the Mayor and Commissioners with a plaque that recognizes the City for its great support for the free spay/neuter program. Chair Sanchez: All right. We do have a variety of presentations today that are being made. We do have a long list, so we're going to ask the Commissioners and the Mayor, who is the first one -- who's going to be here from the Mayor's office giving the presentation or the proclamations that the Mayor's office will be giving out? The Mayor'll be down here? Okay. Presentations and proclamations presented. "[Later...]" Chair Sanchez: Mr. Mayor. Presentations and proclamations continued. MAYORAL VETOES City ofMiami Page 4 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 NO MAYORAL VETOES Chair Sanchez: For the record, there are no mayoral vetoes. Just state that for the record. Pamela E. Burns (Assistant City Clerk): That's correct. Chair Sanchez: Okay. So there are none. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Let's go ahead and approve the minutes of the following meeting, which was the regular Commission meeting -- Commissioner Gonzalez: Move it. Chair Sanchez: -- on July 10, 208 [sic]. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and that has been approved. City ofMiami Page 5 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 ORDER OF THE DAY Chair Sanchez: Once again, the budget meeting will begin at 5:05 p.m. Item BH.1 through BH.9 will be heard at that time. Ladies and gentlemen, we will now begin the regular meeting. The CityAttorney's Office will state the procedures to be followed during this meeting. Madam Attorney, you're recognized for the record. Ms. Bru: Good morning, Chairman, members of the Commission, and Madam City Clerk. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available at the City Clerk's Office. The material for each item on the agenda is available during business hours at the City Clerk's office and on line at www.miamigov.com. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within ten calendar days of the Commission action, and the Commission may override that veto by a four fifth vote. You should note that the City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Lobbyists are defined in Section 2-653, and if they appear before the City Commission solely in this capacity, that rule does not apply to the lobbyists. Anyone wishing to appeal any decision made by the City Commission for any matter may consider that -- for any matter considered at this meeting may need a verbatim record of the item. Please, no cell phones, beepers or other noise -making devices are permitted in the chambers. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Persons may address the City Commission on any items where a public hearing is required and on items where public input is solicited. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. And at this time, I believe the Chairman or the Administration will announce which items are being either withdrawn, deferred or substituted. Chair Sanchez: All right. We'll start with the Administration. Are there any items that you wish to be continued or deferred from this agenda? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. We have four items that are affected. We are proposing to continue CA.4. That's CA.4. Commissioner Gonzalez: CA (Consent Agenda)? Mr. Hernandez: CA, consent agenda -- Vice Chair Spence -Jones: 4. Mr. Hernandez: -- item 4, to be continued, and PH.4, PH 5, and FR.2 to be withdrawn. Chair Sanchez: All right. Wait a minute. PH.4 and PH5, right? You want those continued, PH.4 and PH 5? Mr. Hernandez: That's to be withdrawn. Chair Sanchez: Withdrawn. Mr. Hernandez: And the same thing would apply to FR.2. We have to do some additional work and tweaking with the item, so it's best to withdraw the item. City ofMiami Page 6 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: Okay. Any other items you may want to continue or defer? Mr. Hernandez: No, sir. Chair Sanchez: No. Commission? Any Commissioners wishing to defer or continue any items on the agenda? Being none, we'll go ahead and go to -- there are -- "[Later...]" Chair Sanchez: The remaining resolutions that were tabled and some of the items that were tabled, as soon as we're done with the resolutions, we'll go into the Board and Committees. That shouldn't take long, and then we'll take up the PZ (Planning & Zoning) items [sic] and take the citywide items, pocket items. We should break, giving us an opportunity to gear up for the budget, which has been properly scheduled and properly advertised at 5:05, coming back opening the budget hearing, okay. City ofMiami Page 7 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 CA.1 08-00950 RESOLUTION Department of Public Facilities CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LWCF 12-00461 GRANT AGREEMENT, DATED AUGUST 11, 2003 ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA LAND AND WATER CONSERVATION FUND ("FLWC"), THROUGH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF RECREATION AND PARKS ("DEP")TO MODIFY THE LIST OF PROJECT ELEMENTS AND CLOSE OUT THE AGREEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 08-00950 Legislation.pdf 08-00950 Exhibit.pdf 08-00950 Exhibit 2.pdf 08-00950 Exhibit 3.pdf 08-00950 Exhibit 4.pdf 08-00950 Exhibit 5.pdf 08-00950 Exhibit 6.pdf 08-00950 Exhibit 7.pdf 08-00950 Exhibit 8.pdf 08-00950 Exhibit 9.pdf 08-00950 Exhibit 10.pdf 08-00950 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0471 CA.2 08-00951 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED MAY 7, 2008, PURSUANT TO INVITATION FOR BIDS NO. 73031,5, FROM TAMPA ARMATURE WORKS, INC., FOR THE PROVISION OF MAINTENANCE AND REPAIR SERVICES OF EMERGENCY GENERATORS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00951 Legislation.pdf 08-00951 Summary Form.pdf 08-00951 Tabulation.pdf 08-00951 IFB.pdf 08-00951 Addendums.pdf 08-00951 List of Generators.pdf City ofMiami Page 8 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0472 CA.3 08-00952 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0554, ADOPTED SEPTEMBER 27, 2007, THAT AUTHORIZED THE CITY MANAGER TO EXECUTE A PERMIT AGREEMENT WITH MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT (THE "AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI FOR OCCUPANCY OF 1701 NORTHWEST 30 AVENUE, MIAMI, FLORIDA, FOR A TERM OF ONE (1) YEAR, WITH FOUR (4) OPTIONS TO EXTEND FOR ONE (1) YEAR EACH, COMMENCING ON THE EARLIER OF THE EFFECTIVE DATE OF THE RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OR JANUARY 1, 2008, FOR A TOTAL RENTAL FEE OF ONE DOLLAR, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 08-00952 Legislation.pdf 08-00952 Exhibit.pdf 08-00952 Summary Form.pdf 08-00952 Pre Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0473 CA.4 08-00953 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AND PERMITTING 3031 INVESTMENT CORPORATION TO CONSTRUCT AND MAINTAIN A PEDESTRIAN OVERPASS OVER AND ACROSS THE PUBLIC ALLEY LOCATED ONE HUNDRED SIXTY (160) FEET SOUTH OF BIRD ROAD, BETWEEN SOUTHWEST 38TH COURT AND SOUTHWEST 38TH AVENUE, MIAMI, FLORIDA, TO CONNECT THE NEWLY CONSTRUCTED PROFESSIONAL BUILDING AND PARKING GARAGE LOCATED AT 3850 BIRD ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL CLEARANCE OF SIXTEEN (16) FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY; CONDITIONED UPON 3031 INVESTMENT CORPORATION EXECUTING A COVENANT, IN SUBSTANTIALLY THE ATTACHED FORM, TO INDEMNIFY IN FAVOR OF THE CITY OF MIAMI ; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF 3031 INVESTMENT CORPORATION TO MAINTAIN IT; AND FURTHER PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS. City ofMiami Page 9 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00953 Legislation.pdf 08-00953 Exhibit.pdf 08-00953 Exhibit 2.pdf 08-00953 Exhibit 3.pdf 08-00953 Summary Form.pdf This Matter was CONTINUED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Item CA.4 was continued to the Commission meeting currently scheduled for October 16, 2008. CA.5 08-00954 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), DESIGNATING CERTAIN AREAS ON COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED, FOR GENERAL PUBLIC INGRESS AND EGRESS ON THE CITY OF MIAMI INTERNATIONAL POLICE TRAINING FACILITY AND LAW ENFORCEMENT HIGH SCHOOL ("COLLEGE OF POLICING") SITE LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA. 08-00954 Legislation.pdf 08-00954 Exhibit.pdf 08-00954 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0475 CA.6 08-00955 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("LICENSEE") AND BRICKELL KEY CENTER, A DELAWARE LIMITED PARTNERSHIP, FOR THE USE OF APPROXIMATELY 352 SQUARE FEET OF SPACE ON THE GROUND FLOOR OF PROPERTY LOCATED AT 601 BRICKELL KEY DRIVE, MIAMI, FLORIDA, AS A STORAGE FACILITY, TO PROVIDE FOR THE FOLLOWING: 1) A THREE-YEAR TERM COMMENCING RETROACTIVE TO APRIL 15, 2008 TO APRIL 14, 2011, WITH OPTIONS TO EXTEND ANNUALLY, SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES AND 90-DAY PRIOR WRITTEN NOTICE; 2) LICENSEE SHALL NOT BE REQUIRED TO PAY MONTHLY USE FEES, A SECURITY DEPOSIT, OR UTILITIES DURING THE TERM; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO SAID LICENSE AGREEMENT, AS NECESSARY, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LICENSE AGREEMENT. City ofMiami Page 10 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00955 Legislation.pdf 08-00955 Exhibit.pdf 08-00955 Exhibit 2.pdf 08-00955 Exhibit 3.pdf 08-00955 Summary Form.pdf 08-00955-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0476 CA.7 08-00956 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION NAMING THE BASEBALL FIELD AT CURTIS PARK, "THE ALFONSITO RODRIGUEZ BASEBALL FIELD," IN HONOR OF ALFONSITO RODRIGUEZ, WHO FOUNDED AND OPERATED A BASEBALL ACADEMY CALLED "ACADEMIA LATINO AMERICA DE BASEBALL," FOR CHILDREN AND FAMILIES IN THE COMMUNITY. 08-00956 Legislation.pdf 08-00956 Email.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.8 08-00957 Department of Parks and Recreation R-08-0477 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "THE CHILDREN'S TRUST GRANT FOR PARKS 2008-2009" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $665,646, CONSISTING OF AN AWARD RECEIVED FROM THE CHILDREN'S TRUST; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD; ALLOCATING SAID FUNDS INTO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION SPECIAL REVENUE ACCOUNT NO. 11550.295999.437000.0.0. 08-00957 Legislation.pdf 08-00957 Summary Form.pdf 08-00957 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.9 08-00958 R-08-0478 RESOLUTION City ofMiami Page 11 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 28, 2008, PURSUANT TO INVITATION FOR BIDS NO. 83153, FROM BARNES INDUSTRIAL PLASTIC PIPING, INC., FOR THE PURCHASE OF FIBERGLASS DECK GRATING AND FASTENER CLIPS, FOR THE DEPARTMENT OF PUBLIC FACILITIES, IN AN AMOUNT NOT TO EXCEED $142,636.50; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECTS B# 40-B30594 AND B#40-B60474-B. 08-00958 Legislation.pdf 08-00958 Summary Form.pdf 08-00958 Award Recommendation.pdf 08-00958 Tabulation.pdf 08-00958 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0479 CA.10 08-00959 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT Recreation ENTITLED: "OUT OF SCHOOL TIME SNACK PROGRAM 2008-2009" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $232,315.20, CONSISTING OF A REIMBURSEMENT GRANT AWARD RECEIVED FROM THE FLORIDA DEPARTMENT OF HEALTH, BUREAU OF CHILDREN NUTRITION PROGRAMS; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; ALLOCATING SAID FUNDS INTO THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION SPECIAL REVENUE ACCOUNT NO. 11550.295999.434000.0.0 08-00959 Legislation.pdf 08-00959 Exhibit.pdf 08-00959 Exhibit 2.pdf 08-00959 Exhibit 3.pdf 08-00959 Summary Form.pdf 08-00959 Funding Total.pdf 08-00959 Email.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0480 CA.11 08-00960 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF PAPER, FINE REGISTERED MILL BRANDS, PRIVATE BRANDS, RECOVERED FIBER CONTENT PAPER (PRINTING/XEROGRAPHIC) AND RELATED PRODUCTS, FROM VARIOUS City ofMiami Page 12 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 VENDORS, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 6824-4/12, EFFECTIVE UNTIL APRIL 30, 2009, AND THE PROCUREMENT OF PAPER, OFFICE, VIRGIN AND RECYCLED CONTENT, FROM VARIOUS VENDORS, UTILIZING STATE OF FLORIDA CONTRACT NO. 645-120-04-1, EFFECTIVE UNTIL MARCH 27, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY AND STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00960 Legislation.pdf 08-00960 Summary Form.pdf 08-00960 Award Recommendation.pdf 08-00960 Award Sheet.pdf 08-00960 Spot Market.pdf 08-00960 Invitation to Bid.pdf 08-00960 Appendix.pdf 08-00960 Award Sheet 2.pdf 08-00960 Spot Market 2.pdf 08-00960 Certification.pdf 08-00960 Contract Administrator.pdf 08-00960 Invitation to Bid 2.pdf 08-00960 Ordering Instructions.pdf 08-00960 Report.pdf 08-00960 Pricing.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0481 CA.12 08-00962 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Manny Diaz CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $480,000, FROM THE CHILDREN'S TRUST, FOR THE CONTINUATION OF THE CITY OF MIAMI-TRUANCY REDUCTION PROGRAM DURING THE 2008-2009 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 08-00962 Legislation.pdf 08-00962 Letter.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0490 Chair Sanchez: First item being pulled from the consent agenda is CA.12 by Vice Chair Spence -Jones. You're recognized for the record. Vice Chair Spence -Jones: Sure. Is anyone from that department here? City ofMiami Page 13 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vivianne Bohorques (Administrative Assistant): Vivianne Bohorques, with the Mayor's office. Vice Chair Spence -Jones: Oh, okay. I just wanted to ask, not just -- I didn't want to pull all the additional grants. It's great that we're receiving all of these. This is wonderful from the Children's Trust. I just wanted to ask a question, especially on this one, and then it kind of applies to the rest of them, Vivianne. Ms. Bohorques: Sure. Vice Chair Spence -Jones: The truancy reduction program, where is that actually going to operate out of? Ms. Bohorques: This is its second year, and it operates out ofMiami Jackson Senior High School, Miami Senior High School, Allapattah Middle School, Shenandoah Middle School, and Citrus Grove Middle School. Vice Chair Spence -Jones: Okay. So, basically, all of them are school -based -- Ms. Bohorques: Yeah. Vice Chair Spence -Jones: -- grants? Ms. Bohorques: They're school -based programs that bring in community resources to address whatever issue they're being addressed. In this case, it's truancy. Vice Chair Spence -Jones: Okay. I just -- I would just like to make a blanket statement about all of the grants that we're accepting. We have a lot of new buildings and parks that are online, and I'd like to see, you know, at least some attempt being made to either have meetings or workshops from these grants in those locations because we need to drive as many people to our parks and the new buildings that we have built, so I just would want to put that on the record today to see if there's any way -- I mean, it's great that we're doing a lot of this -- these projects in the schools, but if the parent meetings, you know, the workshops, if they could utilize the parks or utilize the new buildings that we spend a lot of money on, it'd be great to have that happening within the neighborhood, and that was the only comment that I had. Ms. Bohorques: Okay. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. Need a motion to approve CA.12. Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion -- Commissioner Sarnoff Second. Chair Sanchez: -- is made -- Commissioner Gonzalez: Second. Chair Sanchez: -- by the Vice Chair, second by Commissioner Sarnoff. Discussion on the item? No further discussion on CA.12. All in favor, say "aye." City ofMiami Page 14 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, the item passes unanimously. CA.13 08-00963 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Manny Diaz CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $95,622, FROM THE CHILDREN'S TRUST TO PROVIDE ENHANCED SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 08-00963 Legislation.pdf 08-00963 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0482 CA.14 08-00964 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Manny Diaz CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF $180,000, FROM THE CHILDREN'S TRUST, TO CONTINUE TO OPERATE THE CITY OF MIAMI-FAMILIES FIRST PARENT ACADEMY DURING THE 2008-2009 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 08-00964 Legislation.pdf 08-00964 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0483 CA.15 08-00965 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Manny Diaz CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $138,122, FROM THE CHILDREN'S TRUST TO CONTINUE ENHANCED SERVICES FOR THE MIAMI YOUTH COUNCIL DURING THE 2008-2009 SCHOOL YEAR; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 08-00965 Legislation.pdf 08-00965 Letter.pdf 08-00965 Appeal Process.pdf City ofMiami Page 15 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0484 CA.16 08-00966 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $42,119, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 08-00966 Legislation.pdf 08-00966 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0485 CA.17 08-00967 RESOLUTION Honorable Mayor Manny Diaz A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $41,369, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER AT LENORA B. SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 08-00967 Legislation.pdf 08-00967 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.18 08-00996 Department of Information Technology R-08-0486 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED AUGUST 4, 2008, PURSUANT TO INVITATION FOR BIDS NO. 87043,1, FROM INTERNATIONAL DATA DEPOSITORY, FOR THE PROVISION OF OFF -SITE STORAGE -COURIER SERVICES FOR COMPUTER DATA MEDIA, FOR AN INITIAL PERIOD OF TWO (2) YEARS, City ofMiami Page 16 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00996 Legislation.pdf 08-00996 Summary Form.pdf 08-00996 Award Recommendation.pdf 08-00996 Tabulation.pdf 08-00996 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0487 CA.19 08-00998 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF FORENSIC CASEWORK FOR DNA ANALYSIS, FROM THE BODE TECHNOLOGY GROUP, INC., THE PRIMARY VENDOR, AND ORCHID CELLMARK, INC., THE SECONDARY VENDOR, UTILIZING EXISTING MIAMI-DADE COUNTY REQUEST FOR PROPOSAL NO. 8514-3/13, IN AN AMOUNT NOT TO EXCEED $195,367; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, FOR AN INITIAL THREE (3) YEAR PERIOD, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM PROJECT NO. 19-199500, AWARD NO. 1427 AND ACCOUNT NO. 12000.191602.531000.0000.00000. City ofMiami Page 17 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00998 Legislation.pdf 08-00998 Exhibit.pdf 08-00998 Exhibit 2.pdf 08-00998 Exhibit 3.pdf 08-00998 Exhibit 4.pdf 08-00998 Exhibit 5.pdf 08-00998 Exhibit 6.pdf 08-00998 Summary Form.pdf 08-00998 Grant Notice.pdf 08-00998 Budget Narrative.pdf 08-00998 Letter.pdf 08-00998 Coop Agrmt.pdf 08-00998 Memo Page.pdf 08-00998 Coop Agrmt 2.pdf 08-00998 Setup Form.pdf 08-00998 Signature Page.pdf 08-00998 RFP.pdf 08-00998 RFP 2.pdf 08-00998 Proposal Package.pdf 08-00998 Award Sheet.pdf 08-00998 Memo.pdf 08-00998 Composite.pdf 08-00998 RFP 3.pdf 08-00998 Appendix A.pdf 08-00998 Email.pdf 08-00998 RFP 4.pdf 08-00998 Appendix A 2.pdf 08-00998-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones CA.20 08-01019 Department of Fire -Rescue R-08-0488 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF MODIFICATION #1 TO THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND MIAMI-DADE COUNTY IN ORDER TO EXTEND THE PRE -DISASTER GRANT AGREEMENT #07-DM-68-11-23-02-452 PROJECT #PDMC5 - 022, FROM SEPTEMBER 8, 2008 TO FEBRUARY 27, 2009, PURSUANT TO RESOLUTION NO. 07-0074, ADOPTED FEBRUARY 8, 2007; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID GRANT AWARD AND TO EXECUTE ANY OTHER RELATED AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES. City ofMiami Page 18 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-01019 Legislation.pdf 08-01019 Exhibit.pdf 08-01019 Summary Form.pdf 08-01019 Letter.pdf 08-01019 Master Report.pdf 08-01019 Pre Summary Form.pdf 08-01019 Signature Page.pdf 08-01019 Funding Report.pdf 08-01019 Letter 2.pdf 08-01019 Letter 3.pdf 08-01019 Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0491 Chair Sanchez: All right. CA.20 was pulled for discussion by Commissioner Sarnoff, and that is ratifying a grant from FEIVIA (Federal Emergency Management Agency). Commissioner Sarnoff, you're recognized for the record on item CA.20. Commissioner Sarnoff I thought this was worth recognizing the City Manager, as well as our Parks Department. There's a -- it says work being performed in the historic Bayside neighborhood, and more specifically, at Baywood Park, and this is a pretty neglected neighborhood of -- it's actually a historic neighborhood, and it's finally getting some much -needed -- a flood project, but beautification project with trees, and equally to the Parks Director, Ernest Burkeen's credit, he's allowing a butterfly garden to exist in the neighborhood, sort of like a pocket garden; and I just would like to acknowledge Loretta Tarpin and the others in that neighborhood that have worked so hard to maintain its historic nature. And I want to thank the Fire Department for getting the grant and the City Manager again and Ernest Burkeen, our director of Parks, for allowing us to do some nice things for a pretty neglected neighborhood, so I want to thank you all for doing that. Chair Sanchez: All right. Need a motion on CA.20. Commissioner Sarnoff So moved. Chair Sanchez: Motion is made -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Gonzalez. Any discussion? Hearing no discussion on CA.20, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." CA.20 has been approved unanimously, Madam Clerk. That takes care of the consent agenda. CA.21 08-01020 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A NEW SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE City ofMiami Page 19 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 VOLUNTARY COOPERATION MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI-DADE STATE ATTORNEY'S OFFICE AND OTHER LAW ENFORCEMENT PARTICIPATING AGENCIES, PURSUANT TO RESOLUTION NO. 04-0784, ADOPTED DECEMBER 9, 2004, WHICH WAS PREVIOUSLY AN AGREEMENT WITH FLORIDA DEPARTMENT OF LAW ENFORCEMENT AND VARIOUS OTHER LAW ENFORCEMENT AGENCIES, 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. 08-01020 Legislation.pdf 08-01020 Exhibit.pdf 08-01020 Summary Form.pdf 08-01020 Master Report.pdf 08-01020 Letter.pdf 08-01020-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-08-0489 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: Consent agenda. Any of the consent agendas -- any of the Commissioners want to pull any of the consent agenda for discussion? Commissioner Sarnoff For discussion, just CA.20, Mr. Chair. Chair Sanchez: CA.20 has been pulled for discussion by Commissioner Sarnoff. Anyone else? Vice Chair Spence -Jones: I just want to pull CA.12 just for discussion. Chair Sanchez: CA.12 is being pulled for discussion. Any other item on the consent agenda wishing to be pulled by any of the Commissioners? If not, need a motion -- Commissioner Gonzalez: Mr. Chairman, I move the balance of the consent agenda. Chair Sanchez: All right. Need a motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- to approve the balance of the agenda has been made by Commissioner City ofMiami Page 20 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Gonzalez, second by Vice Chair Spence -Jones. Any discussion on the consent agenda? Hearing no discussion on the consent agenda, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, on the balance of the consent agenda. City ofMiami Page 21 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PERSONAL APPEARANCE PA.1 08-00968 DISCUSSION ITEM DR. JANE THEEDE, A RESIDENT, TO ADDRESS THE CITY COMMISSION REGARDING THE CITY'S NOISE ORDINANCE. 08-00968 Email.pdf 08-00968-Submittal-Dr. Jane Theede Speech.pdf DISCUSSED Chair Sanchez: We move on to the next item on the agenda, and those are the personal appearances. We have one personal appearance by Dr. Jane Theede, with reference noise ordinance. She had a computer presentation. Apparently, her computer crashed, but she is here in front of the Commission today to address her concerns with the labor disputes that are going on in our City, and I know of no single-family residents or neighbor that is mostly affected by that noise ordinance or those demonstrations than this lady in front of us today, so therefore, we have granted her a personal appearance. It'll be brief as we are in litigation as we speak. So, therefore, doctor, you're recognized for the record. Jane Theede: Yes. Good morning. I'm Dr. Jane Theede, retired veterinarian, a resident of 1570 Southwest 7th Street, Miami, since 1971. My computer said no. As soon as I can get things straightened out, I'll give y'all a copy of what I had to present video -wise. Because our -- and I have -- I can't remember anything -- Constitution's first amendment, I'm here to bring a complaint against the Carpenter's Union, which has unnecessarily stressed me by making excessive noise and has caused unnecessary noise by having signs asking the motorists to break our laws by blowing their horns. They have physically and personally harassed me on numerous occasions. These demonstrations began sometime in October 2007 and lasted until December 2007. They began again on Monday, 7 July, lasting until Tuesday, 2 September, this year, when this was a signed agreement between the Carpenter's Union and EA Fish Company to hire Union Carpenters. The demonstrators began at 9 a.m. and ended somewhere between 3 and 4 a.m., depending on thunderstorms. Because of this unnecessary and illegal noise, I have suffered from many signs of stress, causing a need for minor surgery, laboratory work, and medication. Don't have my video. With frequency, I experienced hostility and aggression when they got two inches from my face telling me that I am not a Christian because I am complaining about the noise, that a Christian is obligated to ignore their noise; that a Christian is supposed to go to EA Fish and demand that he hire union companies, and that ifI were a Christian, I would leave my home whenever the noise disturbed me. One time a union official got in my face and said -- and excuse me, butt must use the nasty explicatives [sic] -- "(Expletive) you, you're not a Christian. (Expletive) you, you're not a Christian," and so it goes up and up and up for two minutes, as I'm standing there doing my best to keep my hands at my side. I begged these people repeatedly to let me have peace and tranquility in my home and to respect my age, which is 79, looking at 80. That only increased the volume of noise and length of harassment time. Whenever I want -- when I've used the sidewalk when they were demonstrating, I was forced to walk in the gutter or sideways on the sidewalk. One day I was attempting to get through the double line of demonstrators when one of the Carpenter's Union officials said he was going to call the police and have my arrested for interfering with their right to demonstrate. My usual reply was would you please do so? They interfered with my exit from my property either when I was walking on my side of the street or after I closed the gate while the car was in the driveway. Frequently, they approached me with ridiculous statements demanding that I go to EA Fish Company and insist he hire union companies. One time I told the person I was tired of his lies and I wanted a straight and honest answer. His reply was, 'IfI tell you the truth, you will use it against the union." The whistle blower -- they have one man that goes hoo, hoo, hoo, hoo, and many times right in my face; gave me so many flimsy lies that one day I put my hands on my hips and said, do you really expect me to believe you? I have 25 years of formal education, plus several thousand hours of continuing education, plus three and four -- three-quarters time around the City ofMiami Page 22 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 world, and I've met payroll for 30 years. How much education do you have? His reply was, "Well, I have an AA (Associate ofArts), and I did not finish my BS (Bachelor of Science) because I had to stop." I interrupted by saying in what? He mumbled an unintelligible reply and volunteered he had worked on his master's but had to stop; also he had worked on his doctorate but had to stop. Come on, who believes that? Another unbelievable reason. Both people in a marriage are forced to work in order to survive because the wages are lower in Miami than they are in any other City in the United States. I don't believe that. The Carpenter's Union want the people ofMiami to know they are all willing to right this injustice of hiring nonunion people at cheap (UNINTELLIGIBLE). Altruistic? Not hardly. These union officials are more concerned about their own surviving employment than they are about the income of the people in Miami. Almost daily I was (UNINTELLIGIBLE) by some unbelievable statement from their continued demonstrations, disregards for everybody's Constitutional rights and they're insisting that they are doing no wrong. Commissioners and Mayor, the four years of construction sounds on those three buildings across the street from me rolled into one day did not equal the noise of these Carpenter Union demonstrators make in one hour. There have been numerous calls to the police complaining about their disruptive ways, besides their lowering the quality of life of the employees and residents of the area. They're wasting the time of our police force and thereby wasting the tax money of the City ofMiami. I beg you to stop this noise. I have no objection to them walking quietly without interfering with anyone's activities. Chair Sanchez: Thank you, doctor. Ms. Theede: Does anyone have any questions? Chair Sanchez: Oh, I'm sure that somebody has. Does anybody have questions on this? Commissioner Sarnoff. Commissioner Sarnoff Doctor, I'm just curious because I know the neighborhood pretty well, and I've never seen your home. But where would you describe your home? Chair Sanchez: It's there. Ms. Theede: It's 90 feet from the street behind a lot of shrubbery. Chair Sanchez: It's -- Commissioner Sarnoff Behind -- you're right where Tobacco Road is, somewhere --? Ms. Theede: No, no, no, no. Now, I got to use any hands. Metrorail, Southwest 2ndAvenue, Miami River -- Commissioner Sarnoff Right. Ms. Theede: -- Southwest 7th Street. You've got Neo Vertika -- Commissioner Sarnoff Right. Ms. Theede: -- Latitude, and the office building -- the condominium office building. Commissioner Sarnoff Right. Ms. Theede: I'm directly in front of that. Commissioner Sarnoff In front of that? City ofMiami Page 23 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: The Latitude. Ms. Theede: Yes. I've got lots of trees. Everybody comes by and says, oh, green space. I've got flowers, shrubberies, everything. So unless -- and also, I'm only seven cars from the traffic light so no one -- they're interested in that green light, so they go zipping by. By the way, that's a raceway most of the time because they go (UNINTELLIGIBLE). Commissioner Sarnoff And so for a number of months, these demonstrators have, as you put it, accosted you? Chair Sanchez: In front of her -- Ms. Theede: "Hello, you dirty rat. You got to go. Hello, you got to go, you dirty rat." Chair Sanchez: That'll drive anybody crazy. Ms. Theede: "Hello, you got to go, " and this goes on and on and on, and there's only so much anybody can take. I'm sorry. I'm fruly sorry because I don't intend to do anything to your baby. I only wish that it has health and beauty and intelligence. Vice Chair Spence -Jones: Thank you for letting everyone know. Chair Sanchez: Doctor, thank you so much. Just to let you know, as you are aware, we are taking legal actions against the Carpenter's Union right now. I just wanted you, as my constituents, to be -- to have the opportunity to address this Commission because you live right across the street from where they're protesting -- Ms. Theede: Yes. Chair Sanchez: -- and for many, many months, they marched in front ofyour house -- Ms. Theede: Yes. Chair Sanchez: -- and exactly what she described to you there as to hello, you rats, whatever, it was for eight hours nonstop, people blowing their horns, them blowing whistles. And, you know, I, along with all of us here, believe that every -- the workers have rights, and they have the right to protest -- Ms. Theede: I agree. Chair Sanchez: -- but we need to be -- they need to be a little more sensitive and understanding to the neighbors and their surroundings, so therefore, you coming in front of this Commission and addressing us, we know what your concerns are and we know not only what you have gone through, but we are working with their legal advisors or their legal representation to try to find a amicable solution to what's going on in front ofyour house. And give you some peace of mind that you so deserve as a taxpayer of the City ofMiami. Ms. Theede: Thank you, Commissioner Sanchez, but from what understand, this is going on all over Miami. Now, our Constitution, our state laws, our county and city laws do not permit this. The right to demonstrate, yes. The right to free speech --free speech starts in the brain, in the vocal cords, and in the lungs, and it can come only from a human being; it cannot come from a bullhorn. It cannot come from a drum or anything else. It's a cognitive thing, and I think that somewhere along the line, somebody needs to go to Supreme Court and tell them what speech is. It's a human thing. City ofMiami Page 24 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: I think you've made your point here in this Commission, doctor, and we certainly will work with you through our Legal Department to try to find a remedy to this as quickly as possible to provide peace of mind and quality of life to our residents in Miami, especially you, who had been the most affected by this. Ms. Theede: Thank you. Chair Sanchez: Thank you. Ms. Theede: Thank you very much. Commissioner Sarnoff I think you'll find -- Chair Sanchez: Thank you for your time. Commissioner Sarnoff -- I think you'll have another forum in which to -- Ms. Theede: Huh? Commissioner Sarnoff I think you'll find you have one more forum in which to voice your concerns, and I'm sure the City Attorney will be in contact with you to make sure there's that one more forum. Ms. Theede: And I'll have that video next time, I hope. Chair Sanchez: All right. Commissioner Sarnoff I think that would help. City ofMiami Page 25 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PUBLIC HEARINGS PH.1 08-00969 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING A THIRTY Public Works (30) DAY EXTENSION OF THE REPLAT ENTITLED "UNIVERSITY OF MIAMI PAC CRB SITE;" FURTHER PROVIDING THAT APPROVAL OF SAID PLAT SHALL BE RESCINDED IF NOT RECORDED BY OCTOBER 11, 2008. 08-00969 Legislation.pdf 08-00969 Exhibit.pdf 08-00969 Summary Form.pdf 08-00969 Memo.pdf 08-00969 Notice Of Hearing.pdf 08-00969 Memo 2.pdf 08-00969 Pre Legislation.pdf 08-00969 Attachment 1pdf 08-00969 Exhibit A.pdf 08-00969 Master Report.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0493 Chair Sanchez: All right. We could go back to public hearings. Let's go ahead and take up PH.1. Maybe we could get through -- some of these items out of the way. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.1 is a resolution rescinding the plat of University ofMiami, PAC RCB [sic] site. Is there anybody from UM (University ofMiami) here? Okay. Commissioner Sarnoff PH.1, Joe? Chair Sanchez: Yes, sir. Ms. Grindell: This is actually a technicality. When they -- when UM came before the Commission, their plat was completely in order, but according to our Code, they have 120 days to get their plat recorded at the County. They ran into a couple of snags at the County and they went over on time, so the purpose of-- technically, we have to come and rescind the plat and allow them the opportunity to request an extension, which we, of course, would recommend. Chair Sanchez: Okay. Commissioner Gonzalez: Move PH.1. Chair Sanchez: All right. Wait. Okay. Before we get a motion, sir, state your name an address for the record, and put something on the record pertaining to this item. Andrew Connor: My name is Andrew Connor. I'm with Biscayne Engineering Company, representing the University ofMiami in this. We're the surveyors to who presented the plat to the City and to the County. As she said, we had some time delay issues with some issues with WASA (Water and Sewage Authority), DERM (Department of Environmental Resources Management), and MBX (Miami -Dade Expressway). These issues have been resolved. I can City ofMiami Page 26 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 promise that this plat will be recorded within 30 days -- actually -- most likely on Friday of this week, day after tomorrow. And I would like to ask that the -- this resolution not be approved and an actual extension of time be granted in its place for 30 days. Vice Chair Spence -Jones: So moved. Ms. Grindell: Correct. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. There's a motion and a second. The motion has been made by Commissioner Gonzalez, second by the Vice Chair. Before we go on to discussion, Mr. City Manager. Pedro G. Hernandez (City Manager): Just a point of clarification. The item itself talks about rescinding the letter of credit. Of course, with an extension of the item, we will not be releasing the letter of credit. Chair Sanchez: Okay. Ms. Grindell: Correct. Mr. Connor: Thank you. Chair Sanchez: Point well made on the record. No further discussion on the item. Commissioner Sarnoff Wait, wait. I'm sorry, Mr. Manager. Did you get the letter of credit? Ms. Grindell: Yes. Commissioner Sarnoff You did. Okay. Chair Sanchez: Any further questions on PH 1 ? No further discussion on PH.1. It is a resolution. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for deliberation. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH 1 has been approved, 5/0. Ms. Grindell: Well, actually, we need it to be -- Mr. Connor: Denied. Julie O. Bru (City Attorney): As amended. Chair Sanchez: As amended. Ms. Bru: As amended. Ms. Grindell: Okay. Mr. Connor: Oh, it's -- City ofMiami Page 27 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PH.2 08-00970 Department of Capital Improvements Program Chair Sanchez: As amended, for the record. Ms. Grindell: Okay. Chair Sanchez: Okay. You got it? Mr. Connor: Thank you. Chair Sanchez: All right. You picked that up, huh? Okay. All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EMERGENCY FINDINGS, WAIVING SEALED COMPETITIVE BIDDING PROCEDURES, PURSUANT TO SECTION 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE PROCUREMENT OF STRUCTURAL REMEDIATION SERVICES FOR THE PROJECT ENTITLED "CITY HALL RESTORATION PROJECT, B-30121," FROM WALTER L. LISTA, INC., IN AN AMOUNT NOT TO EXCEED $298,000, FOR THE SCOPE OF WORK, PLUS AN ADDITIONAL $120,000, OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $418,000; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30121; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00970 Legislation.pdf 08-00970 Exhibit.pdf 08-00970 Exhibit 2.pdf 08-00970 Exhibit 3.pdf 08-00970 Exhibit 4.pdf 08-00970 Summary Form.pdf 08-00970 Notice of Hearing.pdf 08-00970 Bid List.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0494 Chair Sanchez: All right. Moving on to PH.2. PH.2 is also a resolution, requiring a four fifth affirmative vote. PH.2 comes to us from the Department of Capital Improvement [sic]. Sir, you're recognized for the record. Ola O. Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. Mr. Chair, this resolution is ratifying an emergency finding pursuant to City Code 14-90, and approve the hiring of Walter L. Lista, Incorporated, for the structural repair of City Hall. Chair Sanchez: All right. City ofMiami Page 28 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 10:30 A.M. Commissioner Gonzalez: Move it. Chair Sanchez: Need a motion. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, there's a public hearing. Anyone from the public wishing to address this item? We're on PH.2. Seeing no one from the public at this time, the public hearing is closed for PH.2, coming back to the Commission for discussion. Any discussion on the item? Commissioner Sarnoff Yes, sir. Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Ola, is this an emergency? Mr. Aluko: Yes, it is, sir. Commissioner Sarnoff Is this a life/safety issue? Mr. Aluko: Yes, it is, sir. Commissioner Sarnoff Would you describe why? Mr. Aluko: Some time in the very near past, we found out that the structural columns below the basement of City Hall may -- and I underscore may -- have lost some of its structural integrity. Therefore, we engaged one of our miscellaneous engineers and a contractor to shore up the City Hall structure as a preventive measure. Last month or two, I believe, we were able to bring some contractors together and got a bid to actually do the actual repair of the City Hall structure. Again, it is an emergency. However, we are sitting on shores. However, the repair must be made immediately. Commissioner Sarnoff So that's why there is a four fifths requirement for us to do something on an emergency basis? Mr. Aluko: That is correct. Commissioner Sarnoff Okay. Chair Sanchez: All right. No further discussion. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Aluko: Thank you. A sign language interpreter translated discussion of items PH.3 - PH9. PH.3 08-00972 RESOLUTION City ofMiami Page 29 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AMENDING THE CITY OF MIAMI DEPARTMENT OF Development COMMUNITY DEVELOPMENT'S HOUSING PROGRAM POLICIES FOR HOMEOWNERSHIP ACTIVITIES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 08-00972 Legislation.pdf 08-00972 Exhibit.pdf 08-00972 Summary Form.pdf 08-00972 Public Notice.pdf 08-00972 Pre Legislation.pdf 08-00972 Program Policies.pdf 08-00972 Program Summary.pdf 08-00972 Pre legislation 2.pdf 08-00972 Program Summary 2.pdf 08-00972 Pre Legislation 3.pdf 08-00972 Exhibits.pdf 08-00972 Background Info.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0495 Direction by Vice Chair Spence -Jones to the Administration to provide a report on the estimate of collections the City received from surtax monies, and the monies provided to Miami -Dade County from surtax due to construction in the City. Chair Sanchez: All right. PH.3. George Mensah (Director): George Mensah, Department of Community Development. Chair Sanchez: Before we go to PH.3, we have the translator. PH.3 through PH9 were properly advertised for 10:30, so those are the items that we're going to be taking up. For the record, PH.4 and PH.5 had been withdrawn, so at this time we're taking up PH.3, which is amending housing program policies. You're recognized for the record. Mr. Mensah: George Mensah, Department of Community Development. Mr. Chair and Commissioners, PH.3 is a proposed resolution amending the City ofMiami Department of Community Development Housing Program Policies for Homeownership Activities, and this seeks to increase the subsidy amounts for down payment and closing costs from $40, 000 to the amount allowed by HUD (Department of Housing and Urban Development) under the maximum subsidy limits and also to add a sentence to our current agreement that states that in case of foreclosures, the City will expect the net proceeds. So that is the amendment that we are seeking now. Chair Sanchez: All right. PH.3, need a motion. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: The motion has been proffered by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, it is a public hearing, properly advertised for 10:30. Anyone from the public wishing to address this item, please identify yourself. Seeing no one, the City ofMiami Page 30 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 public hearing is closed for the record, coming back to the Commission for discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. George, could you tell us how many residents have been help through the City ofMiami program to acquire new housing in the past six month? Mr. Mensah: I -- in the past six months? Commissioner Regalado: Six month, one year. Mr. Mensah: One year, I know that the last count we had had about 40 individuals approximately, but I can -- I'll be willing to provide you all the information maybe later. Commissioner Regalado: Forty persons -- Mr. Mensah: At the last -- yes. Commissioner Regalado: -- in one year. How many have apply? Mr. Mensah: How many have applied? We -- usually, the way we run the program, we don't get the application directly, so we wouldn't have an idea of how many actually has applied, so most people that applied early to us usually are -- be able to get through, so if you have 40 most of the time, it's either 40 or 41. Commissioner Regalado: No. The reason I'm asking is because we had two persons that came to the office that were very frustrated because of the different regulation, and it wasn't about the -- their income. Their income was in compliance. It was about the different regulations and the inspections, and I can give you a list, or better yet, I will bring it up as a blue page to explain the different problems that these persons have experienced in trying to get -- and I wonder, with all the programs that we have announced, with all the information that has been put out there, there should be more than 40, don't you think? Mr. Mensah: Well, Commissioner, you talking about today's home ownership market. It's very difficult to get loans, credit these days, and that's the -- one of the more reasons why we've been doing what we're doing right now. It is -- previously -- Commissioner Regalado: But prices have gone down. Mr. Mensah: Yes, but at the same time, people are not getting -- able to get mortgages, so you have a situation where prices have gone down, but individuals are unable to get mortgages because the lenders are not lending, and that is the problem where we have right now. Commissioner Regalado: But the lenders are putting more pressure on the people. They're requiring -- Mensah: More restrictions. Commissioner Regalado: -- more restrictions. Mr. Mensah: More restrictions. Commissioner Regalado: More restrictions are required, but I would think that it is time for the governments to be more proactive -- City ofMiami Page 31 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Mensah: That's exactly what we're doing now. Commissioner Regalado: -- and fry to convey to the banks that we, as a government, are the guarantors of those loans because that's -- that will be the only way to kick up the real estate market. Mr. Mensah: Commissioner, that is -- we are here (UNINTELLIGIBLE) just exactly because of this. Commissioner Regalado: But -- Mr. Mensah: We want to provide them more assistance so that it provides an incentive to the lenders to know that their loan -to -value ratios that they are lending is much lower and so that will help them be able to lend. Commissioner Regalado: Because I had two residents of our district that try, but somehow couldn't get it, and it wasn't about the banks. It was about the regulations, and I will share that with you -- Mr. Mensah: Okay. Commissioner Regalado: -- and the rest of the Commission. Mr. Mensah: Yes. Commissioner Regalado: Thank you. Mr. Mensah: We'll discuss it. Thank you. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: First of all, I definitely want to commend the community -- your department for their outstanding -- everybody in Community Development for their outstanding leadership on this issue. I think this whole thing really kind of started with what was happening in the County regarding them providing any subsidies to any City -based projects. Mr. Mensah: Yes. Vice Chair Spence -Jones: I believe their focus turned around and most of the emphasis was on any property that the County owned was where they was going to put all their attention. Now, with this we're at least able to make sure those individuals that have an interest in purchasing homes within our City and within our districts will not have to work on -- will not have to worry about the County providing the match -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- and especially there's a lot of buildings and projects that we have going on already in the district -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- that this has become a problem. So I think that what we're doing is stepping up to the plate and taking responsibility for the residents of our city by providing them with the help, and we already know that between the taxes and the insurances associated with even owning a home is making it extremely difficult for people to even purchase or want to buy. City ofMiami Page 32 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Mensah: Yes. Vice Chair Spence -Jones: So I think that this piece of legislation is great because at least we'll be able to get more people into homes. So I just wanted to commend staff for coming up with it. Mr. Mensah: Thank you. Chair Sanchez: This legislation does exactly that. Mr. Mensah: Yes. Chair Sanchez: Could you explain what it does because apparently -- maybe -- Mr. Mensah: The legislation -- Chair Sanchez: -- there isn't a comprehension up here as to what this does? Mr. Mensah: -- increases the maximum amount that we can provide to individuals purchasing home from $40, 000 to a maximum subsidy limits, which goes from 48,000 all the way to $86, 000. It replaces the match that we usually -- we used to get from the County, which is not -- the County is not providing that amount, and so our own buyers are unable to afford these properties for that reason. Commissioner Sarnoff Could you describe --? I mean, I think the residents need to hear that surtax money, which I think some people understand what that is -- Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff -- the County will no longer -- and I'm not trying to do this for you, but I think it's time -- it's important that City ofMiami residents understand that money that they pay from closings in the City ofMiami -- so the rich folk do this, the medium income folk do this -- so that all that money that goes to the County for all closures in the City ofMiami, all fee simple closing of all -- from Coconut Grove to Allapattah, all that money that goes to the County that becomes what's known as surtax money, the County has decided none of that money -- and this is a new ruling -- is to be placed back into the City ofMiami. Contact your local County officials. Commissioner Gonzalez: Yep. Your -- Vice Chair Spence -Jones: And then just to add onto that real fast. Mr. Manager, are we doing - - I know we're handling this issue with the legislation, but are we doing anything to address that issue from --? Mr. Mensah: We started having meetings -- last week I went to a meeting with the County, where all the entitlement community directors of all the community development departments and entitlement communities are meeting; one, first to discuss foreclosure, but these are some of the issues that we intend to bring about so that we can all coordinate our efforts in bringing the issue that our residents are able to purchase units, so we'll bring it out. Vice Chair Spence -Jones: I just -- it would seem to me that there needs to be some -- and maybe that's -- this is something that we need to do. They passed legislation on that side basically saying or stating that none of those dollars that are collected can be used on any City -based projects; only their projects first -- well, period. You know, maybe this is something that we should do as a board to send at least a united message that we just think that really the policy is really unfair. All of-- they're City and County residents. They're living in the City, they're living City ofMiami Page 33 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 in the County, so why can't they benefit from basically, you know, the surtaxes that come from this. So I just want to see if there's anything that the City Manager's doing because I think that what you guys are doing is going to -- is great on a dialogue level, but there needs to be another notch because after a while, this well will run dry -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- and the reality is we do not have the dollars that the County has to really -- Mr. Mensah: No. Vice Chair Spence -Jones: -- do these projects. Now, my question, though, do you guys have an estimate of what that amount is that's been collected from surtaxes through the City? Mr. Mensah: I don't have that information. Vice Chair Spence -Jones: Because I'm sure that number has to be -- I mean, most of the building that has taken place the last two or three years has come through the City ofMiami. Commissioner Gonzalez: From the City ofMiami, yes. Mr. Mensah: Yes. Chair Sanchez: Yes. Vice Chair Spence -Jones: So I would love to know what -- you know, I'd like to ask that you guys provide us with a report on that, how much money have we given to the County by way of all the building that has happened by way of the surtax. Pedro G. Hernandez (City Manager): Commissioner, we'll be more than happy to provide the details to you. We have met with the County. The County's going through a very difficult housing period, as we all are. The amount in surtax available is less, and they have, in essence, decided to use all of those monies for their own projects, to advance their projects, and very little, if anything, is coming to us. Right, George? Commissioner Sarnoff Right. You'll -- Mr. Mensah: Yes. Commissioner Sarnoff -- find that number to be about $200 million. Commissioner Gonzalez: Yeah, but I believe that it's totally unfair because if they want to use the money that they produce within the unincorporated Dade County -- Vice Chair Spence -Jones: That's fine. Commissioner Gonzalez: -- to invest it in their projects is fine and dandy with me, but taking advantage of the proceeds that come out of the City ofMiami to be used only exclusively in their projects, I believe that's totally unfair. And I'm going to be expounding on Commissioner Michelle Spence -Jones comment and Commissioner Sarnoff. You know, we don't only need to explore through the Manager, you know. If there are any possibilities of anything that we can do through the Manager, butt will also encourage the Legal Department to look into the possibility of us suing the County or, you know, start an injunction, or you know, some kind of a legal action that can put some pressure on them; and also that maybe our famous local press will echo City ofMiami Page 34 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 our sentiment, you know, for the time that they have left. I don't know, Commissioner Sarnoff, if you have read the press lately. Their -- Commissioner Sarnoff No, but -- Commissioner Gonzalez: -- stocks are down to 3.52 -- 3 cent -- $3.52. Commissioner Sarnoff I thought you might want to hear that I read this morning that there [sic] are now leasing their executive offices. Commissioner Gonzalez: Well, I'll tell you what I'm planning on doing. I'm planning on -- I'm waiting for their stocks to go down to $1.10 and then I'm going -- go and buy some stock and become, you know, part owner of the monster. But anyways -- Chair Sanchez: What is it, Bash on Herald day here? Commissioner Gonzalez: -- so what you're doing here is you are increasing the appropriation from -- for each home buyer from 40,000 to what? Mr. Mensah: Forty thousand to an amount which is based on the number of bedrooms that they are purchasing, and it starts from $48, 000 for zero bedrooms, which is a studio, all the way to $86, 000 for three bedrooms. And then also we added that -- Commissioner Gonzalez: So it's going to be $40, 000 for a one -bedroom apartment? Chair Sanchez: Forty-eight thousand, three hundred and twenty-eight to be exact. Mr. Mensah: To be exact, yes. Commissioner Gonzalez: Forty-eight thousand, okay. And then for the two -bedroom? Mr. Mensah: Two -bedroom is 55,722. Commissioner Gonzalez: All right. I want to ask another question, something that really I'm interesting [sic] to know. I also believe that due to the market, the way the market is right now, and you know, the -- what Commissioner Regalado was talking about. You know, banks are becoming more and more critical on lending money. Mr. Mensah: Yes. Commissioner Gonzalez: They have -- you know, there was a time when they had all the vaults open and all the cashiers open, and you know, it was a matter of going by the bank and picking up money. Well, that's over. It's becoming very, very difficult for people to get mortgages. Mr. Mensah: Yes. Commissioner Gonzalez: For the first-time home buyers' program, I believe that what we are allowing is $50, 000 per buyer, is that correct? Mr. Hernandez: I believe so. Mr. Mensah: It used to be $40, 000 and now we're going up to the amounts that I just said. Commissioner Gonzalez: Is this for -- City ofMiami Page 35 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Mensah: It used to be 40,000. Commissioner Gonzalez: -- first-time home buyers? Mr. Mensah: Yes, yes. Commissioner Gonzalez: And these are going to be grants? Mr. Mensah: These are going to be loans that they have to pay back if they don't live in their property. Commissioner Gonzalez: Yeah, yeah, but maybe we're talking about two different things. This is only for low- and moderate -income families, right? Mr. Mensah: Yes. Commissioner Gonzalez: Okay. We used to have a program here that any person that decides to move into the City ofMiami and buy a property in the City ofMiami and become a home owner in the City ofMiami, the City will give them a grant of-- I don't know how much it was, if it was 40 or $50, 000. Mr. Mensah: We don't have that program. This is only first-time home buyer programs. We don't have any -- Commissioner Gonzalez: Pardon me? Mr. Mensah: -- program like that. Commissioner Gonzalez: We don't have any first-time home buyer program? Mr. Mensah: This is the first-time home buyer program. Commissioner Gonzalez: Yeah, but this is for low-income families. Mr. Mensah: Yes, yes. Chairman Gonzalez: Right. What about a person that is not a low income? Vice Chair Spence -Jones: He's talking about workforce. Mr. Mensah: If he's -- Commissioner Gonzalez: We don't have any -- Mr. Mensah: Workforce. Vice Chair Spence -Jones: Workforce. Mr. Mensah: No, we don't have any workforce program at this point. Commissioner Gonzalez: We don't have any workforce program? Mr. Mensah: No. Commissioner Gonzalez: Okay. City ofMiami Page 36 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: We need to create it, though. Commissioner Gonzalez: All right. We should create one. Commissioner Sarnoff You know, Commissioner -- Commissioner Gonzalez: Yeah. Commissioner Sarnoff -- I'm not absolutely sure that -- and I know where you're going with that. I'm not sure you're wrong, but if we're ever to address the condo glut, the real issue is not so much the costs any longer because I think the market will set the costs just where you want it. Commissioner Gonzalez: I agree with you. Commissioner Sarnoff The issue becomes creating enough critical mass in a building so that, let's say you have a 300-unit building, and you have obviously what is intended to be a 1,000, 1,500 a month maintenance fee; a lot of money for most people. Commissioner Gonzalez: Yeah. Commissioner Sarnoff Maybe we create a program that we put a sufficient number of people in a building -- because if you only put 30 in a building -- remember, there are 250, 270 residents that aren't in that building -- and those 30 people are to shoulder the obligation of the maintenance. So when I firstgot into office, and was talking about, you know, acquiring some properties and dispersing people throughout the City, on a workforce basis, it makes a lot of sense to help put a critical number of people in a building, maybe allowing the City to help pay the maintenance of that building because that's the true issue. It's not -- you're going to find plenty of one -bedroom, two -bedrooms in the City ofMiami between 175 and $200, 000 and in some great -- right by the Metrorail station. I'm not -- unfortunately, most of them are going to be in District 2, but very good buildings that weren't intended to sell, frust me, for 175 to $200, 000. They probably started out closer to three, and you -- I think what the City Manager needs to do is exploring. Instead of dispersing people throughout the City is creating a workforce program that allows the City to help with the maintenance fees associated with that building for a period of time, maybe not even help in the down payment because I think you'll find the private market will do that. What you're finding in the City ofMiami is you'll find 50 people, 75 people in a building and 200 unoccupied units, and they're shouldering the burden of that entire building, so it's very difficult for them. What was supposed to be divided by 300 people is now divided by 30. That's very expensive. But if we were to create enough critical mass in a particular building -- doesn't -- and anybody could figure out what the best building is -- and we've been meeting with some private developers. They've actually given us some numbers, and the teetering point or the tilting point, people are now approaching $175 a square foot. That means they're losing about $50 a square foot on their condominiums. I really think -- and we have the information in our office, Mr. Manager -- you might want to pick a building, see if you could create a program, maybe it's down payment assistant workforce, but maybe it's more geared towards helping these people with the maintenance fee for a period of time. I'm not saying forever, but maybe three years or something like that, and I think you'll find -- because, inevitably, these buildings are going to become a problem for the City ofMiami. I know Congress just passed a bill. I know it's regarding foreclosures, but I'm merely refining what had asked you to do maybe a year and a half ago, and instead of spreading people throughout the City, finding a building, creating critical mass so that there are enough people in that building to shoulder the burden of the maintenance fees. Mr. Hernandez: Commissioners, I think it's a very good point, something that we have discussed before. I've talked to George Mensah about this and he's been exploring the possibility of City ofMiami Page 37 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 creating that type of workforce assistance, which, in the past, has been geared more towards the down payment. And you're right, I think that we can get people that can actually qualify and get in. The problem is that additional monthly payment. Commissioner Sarnoff Exactly. Mr. Hernandez: That the less people in the building, the more burdensome it is. Chair Sanchez: All right. Commissioner Gonzalez: Yeah. Mr. Hernandez: I'll work with George in looking at it and see if we can come up with a program that you can bless that we can move forward with. Chair Sanchez: All right. Commissioner Sarnoff Thank you. Commissioner Gonzalez: All right. Chair Sanchez: Let's get back to the resolution. The resolution -- this amendment accomplishes two things. Mr. Mensah: Yes. Chair Sanchez: Okay. One, it raises the maximum City funding for the home owner. Mr. Mensah: Yes. Chair Sanchez: And the other one is that it puts language on the sales contract that says in the event the person forecloses on it, the City will take every action to recover that money -- Mr. Mensah: Yes. Chair Sanchez: -- and that's based on HUD regulations, because if we don't take any actions to recoup on that foreclosure, then we have to pay back HUD the full amount. Mr. Mensah: Yes. Chair Sanchez: So, therefore, this puts language in there that we will take every action possible to recoup that money, whether it's ten cents to a dollar, or whatever, but we need to show HUD that we're acting in good faith, not wasting the taxpayers' dollars -- Mr. Mensah: Yes. Chair Sanchez: -- so that is the language that's on this ordinance. So it's a good ordinance. All right. Commissioner Gonzalez: All right. Chair Sanchez: Is there a motion? Vice Chair Spence -Jones: Had a motion and a second. City ofMiami Page 38 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: There's a motion and a second. Pamela E. Burns (Assistant City Clerk): We have a motion and a second. Chair Sanchez: All right. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, and it comes back to the Commission. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.3 [sic] has been approved, 5/0. All right, so that takes care of that. And we move to PH (Public Hearing) -- I'm sorry, PH 3 has been approved, 5/0. PH.4 08-00973 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI FORECLOSURE PREVENTION PROGRAM GUIDELINES, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. 08-00973 Legislation.pdf 08-00973 Exhibit.pdf 08-00973 Summary Form.pdf 08-00973 Public Notice.pdf SPONSORS: HONORABLE MAYOR MANNYDIAZ DEPARTMENT OF COMMUNITY DEVELOPMENT WITHDRAWN Note for the Record: Please refer to "Order of the Day" for minutes referencing item PH.4. PH.5 08-00971 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, TO INCLUDE THE IMPLEMENTATION OF THE CITY'S FORECLOSURE PREVENTION PROGRAM AS WELL AS THE AMENDMENT TO THE FIRST-TIME HOMEBUYER PROGRAM POLICIES, FOR THE PERIOD OF JULY 1, 2007 THROUGH JUNE 30, 2010, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMIT THE MODIFIED LHAP FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S), TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. 08-00974 Legislation.pdf 08-00974 Exhibit.pdf 08-00974 Exhibit 2.pdf 08-00974 Exhibit 3.pdf 08-00974 Summary Form.pdf 08-00974 Public Notice.pdf City ofMiami Page 39 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PH.6 08-00975 Department of Community Development SPONSORS:HONORABLE MAYOR MANNYDIAZ DEPARTMENT OF COMMUNITY DEVELOPMENT WITHDRAWN Note for the Record: Please refer to "Order of the Day" for minutes referencing item PH.5. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING 1035 NORTH MIAMI AVENUE, LLC, TO ENCUMBER THE PROPERTY LOCATED AT 1035 NORTH MIAMI AVENUE, MIAMI, FLORIDA ("PROPERTY"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, BY SECURING A MORTGAGE LOAN WITH BBU BANK, TO COMPLETE THE REHABILITATION OF THE PROPERTY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSES. 08-00975 Legislation.pdf 08-00975 Exhibit.pdf 08-00975 Summary Form.pdf 08-00975 Public Notice.pdf 08-00975 Pre Legislation.pdf 08-00975 Attachment A.pdf 08-00975 Pre Legislation 2.pdf 08-00975 Attachment A 2.pdf 08-00975 Pre Legislation 3.pdf 08-00975 Attachments.pdf 08-00975 Attachment C.pdf 08-00975 Letter.pdf 08-00975 Corporation Papers.pdf 08-00975 Webpage.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0496 Chair Sanchez: We move on to PH.6. You're recognized for the record. Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. This is a resolution authorizing 1035 North Miami Avenue, LLC (Limited Liability Company) to encumber the property located at 1035 North Miami Avenue. This property was part of a pilot program that we had, and it was called the Urban Neighborhood Job Creation Program, where buildings were rehabilitated with the intention of creating jobs for our low- to moderate -income people. Commissioner Sarnoff What was the name of the program? Ms. Blondet: The Urban Neighborhood Job Creation. Commissioner Sarnoff Urban Neighborhood Job -- City ofMiami Page 40 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ms. Blondet: Job Creation Program. Commissioner Sarnoff -- Creation. Ms. Blondet: Where businesses and property owners were given up to $75, 000 to rehabilitate the exterior of a property with the intention of creating jobs for low- to moderate -income people. Part of the program included having a covenant recorded on the property, which requires that the owner request the consent of the City if they're going to encumber such -- the property that was assisted with City funding. The owner now wants to, you know, borrow some money and is requesting this consent from the City. Chair Sanchez: All right. Does anybody have any questions on this? Commissioner Sarnoff I do. Chair Sanchez: I do, too. All right. We'll start with Commissioner Regalado, Commissioner Sarnoff, and we'll work our way down. Commissioner Regalado: Why does he wants more money? I mean -- Chair Sanchez: Only some (UNINTELLIGIBLE) more money. Commissioner Regalado: I mean, is the -- Chair Sanchez: There's no more money on this. Commissioner Regalado: -- business in trouble? Ms. Blondet: No. The business haven't open yet. Commissioner Regalado: Okay. Ms. Blondet: The building needs additional rehabilitation so they're going to a bank -- Chair Sanchez: They're not asking us -- Ms. Blondet: -- requesting -- Commissioner Regalado: I understand what you say. Yeah, but -- Ms. Blondet: Yes, okay. Commissioner Regalado: So what is the purpose of going to the bank? How much is the loan? What is --? Ms. Blondet: The loan is $250, 000 to complete their renovation to the building, the top two floors. Commissioner Regalado: Okay. And we didn't realize that when we first took that pilot program? Ms. Blondet: At the time, the owner informed us that they had a third tenant. Right now they have two tenants. They had a third tenant that was going to do that rehabilitation and they don't have that tenant now, so they're going to go ahead and complete this construction. City ofMiami Page 41 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Regalado: So he hasn't created any jobs as of --? Ms. Blondet: Not yet, no. Commissioner Regalado: And how many do you expect? Ms. Blondet: They have to create six jobs -- Commissioner Regalado: I'm sorry? Ms. Blondet: -- for low- to moderate -income people. Commissioner Regalado: And we have invested? Ms. Blondet: Seventy-five thousand. Commissioner Regalado: Seventy-five thousand. Chair Sanchez: And a million from the CRA (Community Redevelopment Agency). Commissioner Sarnoff Not yet. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff Mr. Chair, my understanding is that the City has provided to this company -- and we'll get into the company in a moment, but I'll leave them nameless for right now -- $100, 000 of CDBG (Community Development Block Grant) money. Ms. Blondet: Seventy-five thousand. Commissioner Sarnoff All right. Five hundred thousand dollars of construction money? Ms. Blondet: No. The project had -- the pilot program had $500, 000 for different buildings, but each building could get up to $75, 000 from CDBG and they would have to match 25 percent. Commissioner Sarnoff Well, why don't you describe to me how much money they've received? Ms. Blondet: Seventy-five thousand dollars. Commissioner Sarnoff Okay. Because I have written down here 20, 000 facade program, 100,000 CDBG money, 75,000 window replacement money -- Ms. Blondet: This building? Commissioner Sarnoff Yes. Chair Sanchez: Yes. Ms. Blondet: No. Alfredo Duran (Deputy Director, Community Development): No, no. The -- I'm sorry. Alfredo Duran, Community Development -- monies you're seeing there are the monies that were provided to Downtown Miami Partnership as the technical support agency that provided this -- City ofMiami Page 42 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 implemented this program. Commissioner Sarnoff Well, here's my question to you. This -- these particular owners have taken in how much money from City money? All I care about is City money. Mr. Duran: Seventy-five thousand dollars. Ms. Blondet: Seventy-five thousand dollars. Commissioner Sarnoff Seventy-five thousand dollars. Okay. This particular building is right here. This is the building. Ms. Burns: I'm sorry, Commissioner; we're not recording you. Commissioner Sarnoff This building is right here. It's 1035 North Miami Avenue. That building had for years and years an illegal mural, and they were taking in $40, 000 a month. You aware of that? Mr. Duran: No. Ms. Blondet: No. Commissioner Sarnoff Equally, they were required to lease the premises, correct? Ms. Blondet: They are required to create the jobs. Commissioner Sarnoff Right. And the only lease they presently have, they are an LLC, Miami Development Group, LLC. The registered name and agent of that is Gil Terem, and he's the person who actually took the lease out in 2006. So they've actually leased the building to themselves. I just don't see -- I don't -- and I understand they're coming to the CRA for about a million dollars? Ms. Blondet: I don't know, sir. Commissioner Sarnoff So you have a company who took $40, 000 a month in in illegal murals, then you have a company that, according to you, but not what I've seen, have taken in 75,000 to $100,000? George Mensah (Director, Community Development): What is the question, Commissioner? Commissioner Sarnoff Well -- Mr. Mensah: I didn't hear you. Commissioner Sarnoff -- I just want to get your number. I want to get your version of it. Mr. Mensah: Seventy-five thousand dollars or (UNINTELLIGIBLE). Commissioner Sarnoff Seventy-five thousand dollars. And we know they've taken in about $480,000 a year in murals and they're coming to the City for subordination and they're coming to the CRA for a million dollar further grant. I don't think you guys have really done your due diligence here. I don't see this -- I don't see why the City would even consider -- and by the way, it's right here, right on this section that you'll find all the homeless sleeping. Mr. Mensah: Yes. Commissioner, just want you to know that at a time when these loans -- loan City ofMiami Page 43 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 was done, the Department of Community Development did not know that there was an issue with a mural on there and -- Commissioner Sarnoff What? Mr. Mensah: We didn't know of any issue with a Code Enforcement on that particular property. We did -- we just did the windows and it was a job placement, so that's the only reason why they got money for $75, 000. Commissioner Sarnoff So how many jobs for your $75, 000 have they created? Mr. Mensah: Six jobs. Commissioner Sarnoff And where -- Mr. Mensah: They are supposed to create six jobs. Commissioner Sarnoff -- are those jobs? Mr. Mensah: They don't have it created yet. They are supposed to create six jobs. According to -- we are here because they have to complete the building so that they can create a job, and to complete that building, they need additional funding. And so this hundred and fifty thousand dollars is supposed to help them complete the project so that they can create the jobs. Commissioner Sarnoff Well, I -- you know what, I think if anybody -- Mr. Mensah: And also, I just wanted to -- for the record, that we are not subordinating a covenant. All we are doing, you are giving consent for them to put a mortgage on their property. Commissioner Sarnoff Well, correct me if I'm wrong. You're asking us to subordinate our position to a bank? Mr. Mensah: No. It's consent. Mr. Duran: No. Commissioner Sarnoff To consent. Mr. Mensah: You're not subordinating this -- yes, consent. Commissioner Sarnoff So we'll be primary to the bank? Mr. Mensah: We -- it's a covenant, so it runs with the land so they have to create those jobs. If they don't create those jobs, those -- we have to get our money back. Commissioner Sarnoff You have to what? Mr. Mensah: Get the funds back. Commissioner Sarnoff And how will you do that? Mr. Mensah: Well, we take -- usually, we take it through the Law Department and they assist us in correcting -- Commissioner Sarnoff Do you presently have a force -- a first mortgage on this? City ofMiami Page 44 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Mensah: We have a covenant on the land, not a first mortgage. Commissioner Sarnoff You have a covenant on the land? Mr. Mensah: Yes. Commissioner Sarnoff So in order for them to acquire the land -- I'm -- maybe the City Attorney needs to come in here. How can they have a covenant on the land? Ms. Bru: My understanding, Commissioner, is that they obtained money from the Downtown Part -- Mr. Mensah: Partnership. Ms. Bru: -- from the City through the Downtown Partnership -- Chair Sanchez: Seventy-five thousand. Mr. Mensah: Seventy-five thousand dollars. Ms. Bru: -- $75, 000, and in connection with that funding, they have a covenant, a restrictive covenant that's been filed. I'm reading now what the covenant provides for. I mean, one of the things that the covenant provides for is that they cannot encumber the property, so now that they want to obtain a mortgage -- a loan secured by a mortgage, it would constitute an encumbrance. Commissioner Sarnoff Wait, wait. Let me -- Ms. Bru: They need to get our consent. Commissioner Sarnoff -- talk to you lawyer to lawyer. How can they have a restrictive covenant when you did not -- and I don't mean you, Madam City Attorney -- but the City or the Miami Partnerships [sic] -- Downtown Miami Partnerships [sic] -- unless you're acquiring a piece of property and that nets your opportunity to put a restriction in the actual deed itself it would be called a mortgage, so you really have nothing. Ms. Bru: Well, a covenant really is enforceable as any other contract would be, except it runs with the land and we would have to bring an action to enforce the covenant. Commissioner Sarnoff So you're telling me in the deed there's a covenant? Ms. Bru: There is no deed. There was no conveyance here between the City and this -- Commissioner Sarnoff Right. Ms. Bru: -- entity. It was just -- Commissioner Sarnoff So you don't have a covenant. Ms. Bru: There is no security -- Commissioner Sarnoff Right. Ms. Bru: -- in connection with the covenant, if that's your question. No, we don't have any secured interest in this property, just -- City ofMiami Page 45 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Sarnoff Right. They could transfer this property tomorrow without you being able to do anything about it? Ms. Bru: The only thing they can't do is encumber it without our consent, and that is why they're here. They want to obtain a mortgage to encumber the property, and they need our consent. Commissioner Sarnoff Let me ask it this way. IfI did a title search against this property, would I find a restrictive covenant? Ms. Bru: You would find a covenant. It's recorded, yes. Chair Sanchez: All right. Mr. Hernandez: Mr. Chairman, ifI may, just -- maybe I can pull the issue of the illegal murals out of the discussion. The building had a stipulated agreement as a result of a Code enforcement violation in 2005 in the expectation that there would be regulations governing the placement of illegal murals. They ended up paying to the City $248, 000 as a result of the fines that accumulated for having that illegal mural. Chair Sanchez: So their -- the fines were paid? Mr. Hernandez: The fines were paid, and the building is now in compliance because they were not -- they didn't participate in the lottery that happened a few months back. Commissioner Sarnoff Well, they did participate, but they didn't get it. Mr. Hernandez: Or -- they didn't get it. Commissioner Sarnoff Right. Mr. Hernandez: So now they're in compliance. Chair Sanchez: All right. Any further questions? I'm going to open it up to the public. It is a public hearing. We're on PH 6. It is a public hearing, and we'll bring it back to the Commission for a motion to either approve or deny; we'll deliberate, and we'll discuss the item. Sir, state your name and address for the record. Gil Terem: Yes. My name is Gil Terem, 718 Northeast 69th Street, Miami, Florida 33138. Chairman, Commissioners, I just want to explain our position in this issue. This building is owned by us since 2001, and since then we've been trying to work out with this building and do something with it. The money that were given to us by the City to fix the facade and to fix the windows and so forth were well spent, and on top of $75, 000 that the City put, we put about $150, 000. We never collected $400, 000 on the murals, like the Commissioner suggested here. Our share was very minimal. And like you said, we paid the fines, and we're now in completely ordinance with the building. All we are asking basically now is that you allow us to take a further commitment on our part to finish the work that we started to do on this building. We're not going to put there like a mega club. I think that what we're doing is very supportive of the neighborhood, putting there a pizza place, a deli, and so forth. Now we're talking with the artist maybe to do an art spaces on the upper floors, but in order to do that and create the jobs that we promised to create, we need to finish the building. We cannot finish it without funds. And this building is very, very costly. We're in the neighborhood at -- there is no income whatsoever. We're paying taxes by law since 2000 already ever year, and you know, we simply need to facilitate this. Now, what we are asking basically from the City is only to have a consent that we can take another obligation upon ourself to finish the work, and I promise you, as I always did in City ofMiami Page 46 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 my properties downtown, that we will do that. There's no attempt here to use the City money for wrong reasons. We are taking this money from the bank now in order to simply finish the work that we need to finish. Get the CO (Certificate of Occupancy) and seal for the building, put the tenants inside that are already waiting for us. We have leases outside. We're waiting to open. They're waiting for us to get the CO so we can open, so that's all that we're asking. Thank you. Commissioner Sarnoff What's your intention to come to the CRA and ask for? Mr. Terem: We're not asking for anything from the CRA. Commissioner Sarnoff You're not? Mr. Terem: No. Commissioner Sarnoff And you won't be? Mr. Terem: I don't know ifI won't be. There is no money. So far all the money of the CRA is going outside of our area anyway. I've been here since -- with two other Commissioners, and I don't think that we need any money to fix our specific building. The money that we might ask is for the neighborhood, sign, lights, stuff like -- security, but we're not asking for our property. Our property is being funded by ourself and also here. We're taking a private money from the private institute and we pay the mortgage with the rent that, in the future, we collect. Yes, sir. Commissioner Sarnoff Do you have the memorandum of understandings [sic] of any of -- you said the deli, the pizza, what else was it? Art -- the art. Mr. Terem: We have leases. We have executed leases. Commissioner Sarnoff Oh, you have executed leases? Mr. Terem: Of course. Commissioner Sarnoff Could you provide them because I've not seen them? Mr. Terem: We have them. Unidentified Speaker: We sent them to you. Commissioner Sarnoff The executed leases? Mr. Terem: Also about the fact, sir, thatl am part of the owner of the building and also in the pizza place. This is my third or fourth business in the disfrict, in the Omni disfrict, and usually and a lot of times we have to, as the owner of the building, show our support and involvement in order to encourage other entrepreneur to come and join us. I did it on 14 Street in my business before and I'm doing it here now. My company is partner in our tenants. I mean the new tenants. And this is an ord -- for my -- this is my experience. This is my knowledge with the neighborhood, and this is something to show our tenants that we believe in the area and believe in the building. Commissioner Sarnoff The lease I have is Gili's Cafe. Is that it? Mr. Terem: That's correct. Commissioner Sarnoff And that's the -- because I only have one lease, and you said there were three leases. City ofMiami Page 47 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Terem: No. There is two, and one was a company that we were supposed to have there and they left. That was long time ago, but we have the deli, right? Fusion Deli and Gili's Pizza or Gili's Cafe. Commissioner Sarnoff Let's say you've kind of modified my position. I would expect to see -- if I provide my consent, what would -- what businesses would I expect to see in the next five months in there? Mr. Terem: Well, first of all, we have the two businesses that are already there in the process of obtaining the right permits and open up, which is the Fusion Deli and the pizza place. Commissioner Sarnoff Fusion Deli and what else? Mr. Terem: Fusion Deli -- Christopher MacLeod: Hi. Christopher MacLeod, 2430 Inagua Avenue, Miami, Florida. We'll have the two retail -- the two primary retail tenants downstairs. Let me just clarify one point. The reason -- Commissioner Sarnoff Just give me their names because I have Fusion -- Mr. MacLeod: Fusion Deli and Gili's Pizzeria. Commissioner Sarnoff Gili's Pizzeria. Mr. MacLeod: And then, hopefully, the primary anchor tenant, which will comprise of 14 art studios and an office space, will be Legal Art, which is a nonprofit run by Carolina (phonetic) Garcia. The reason that we're in the position we're in right now is because we had been counting on third primary anchor tenant, whom had agreed to build out the entire space, and we had basically unfortunately not taken a strong enough role in terms of oversight of their management of the project, so a year passed and the project had been left -- pretty much left untouched, so we were stuck in a position where we had not planned to put any money towards the build out of the primary space, and here we find ourselves now, you know, having to go to a bank to ask for money so that we can complete our side of the job, at least get the certificate of occupancy and make the space habitable, build out these spaces for Carolina (phonetic). Obviously, she's going to put some money in towards the build out of her own -- of the organization, but the more immediate, we want to get these guys going, the two retails on the ground floor, get those jobs accounted for, the six jobs that we had promised the Downtown Miami Partnership and Community Development, and you know, in order to do this, we need to get this certificate of occupancy for the building. You know, get the elevator operating, build a new set of fire stairs, just pretty much basic stuff so -- Commissioner Sarnoff And that's the 250,000 that you're going to take from the bank. That's -- your intention is to spend that amount of money on those issues? Mr. MacLeod: Right, on building issues, so -- I mean, for example, the elevator itself we've got to replace a new elevator to bring it up -- operational. That cost $90, 000, so to build a new four-story set of fire stairs, you know, fire -rated drywall, brand-new steps, that's almost $75, 000; bing, bang, boom, $250, 000 disappears fairly quickly, unfortunately. So all we're basically asking is for you guys to approve us to obtain a loan -- private loan from a private institution. We're not asking for any additional money. To this point we've only asked for, you know, 75, which we hope to account for within the next couple weeks. Chair Sanchez: Just for the point of clarification on this, just to see ifI get it right here. When City ofMiami Page 48 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 you accepted the $75, 000 pass -through dollars from DMP (Downtown Miami Partnership) -- Mr. Terem: Right. Chair Sanchez: -- Downtown Management [sic] -- Mr. MacLeod: Yes. Downtown Miami Partnership. Chair Sanchez: -- you agreed to get permission from the City, based on your property, if you would go out for a loan, correct? Mr. MacLeod: If we -- Chair Sanchez: Correct me -- Mr. MacLeod: -- had to, yes. Chair Sanchez: Okay. And now you're seeking $250, 000 loan, right -- Mr. MacLeod: Right, and we're ask -- Chair Sanchez: -- to qualify for a occupancy permit? Mr. Terem: Yes. Chair Sanchez: Okay. Mr. MacLeod: Partially, yes. Chair Sanchez: Right. So basically, what we would have to do here is do this so you could go out and get the $250,000 loan? Mr. MacLeod: Yes. Chair Sanchez: Okay. Now we're not putting any money into this, additional money? Ms. Blondet: No. Mr. Terem: No. Mr. MacLeod: No. Chair Sanchez: The money that was already put in was the $75, 000 from DMP? Mr. Mensah: Yes, Commissioner. Chair Sanchez: Okay. That's just an agreement that we have with them for them to seek -- Mr. Mensah: Permission. Chair Sanchez: -- permission -- Mr. MacLeod: Right. Chair Sanchez: -- to seek -- okay. I got it. City ofMiami Page 49 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PH.7 08-00976 Department of Community Development Mr. Terem: Yes. You know, I just want to add that in the past, I did -- we did took money, me and different partners of mine, for different project in the area; and all of them, you know, we continue the work with the work -- with the money that we got from the City to put a business in the places, fix the buildings, and there are -- right now in downtown there are one of the only properties that there are functional and this, too, all we're asking is if the City will enable us to take more money to finish the job that we started. Chair Sanchez: Allowing you to proceed with the loan. That's all you're asking? Mr. MacLeod: Correct. Chair Sanchez: Okay. All right. Any further discussion on the item? Commissioner Sarnoff I'll make a motion to approve. Chair Sanchez: Okay. There's a motion by Commissioner Sarnoff to approve. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. We are on PH 6. The item -- Mr. Terem: Thank you. Chair Sanchez: -- has been discussed. Mr. MacLeod: Thank you. Chair Sanchez: I -- hold, hold, hold, hold. Before we vote, it requires a public hearing. You're not the public; you're the owner. Anyone from the public wishing to address this item, please step forward and be recognized. We are on PH 6. Seeing no one from the public, the public hearing is closed, and it comes back to the Commission for deliberation. There is a motion and a second. The item has already been discussed. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0, on PH. 6. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALE OF A CERTAIN CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 1436 NORTHWEST 61 STREET, MIAMI, FLORIDA, TO THE INDIVIDUAL , AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. City ofMiami Page 50 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00976 Legislation.pdf 08-00976 Exhibit.pdf 08-00976 Exhibit 2.pdf 08-00976 Summary Form.pdf 08-00976 Public Notice.pdf 08-00976 Pre Legislation.pdf 08-00976 Exhibit A.pdf 08-00976 Webpage.pdf 08-00976 Picture.pdf 08-00976 Amendment.pdf 08-00976 Contract.pdf 08-00976 Webpage 2.pdf 08-00976 Checklist.pdf 08-00976 Title.pdf 08-00976 Affidavits.pdf 08-00976 Disclosure.pdf 08-00976 Warranty.pdf 08-00976 Addendum 2.pdf 08-00976 Agreement.pdf 08-00976 Enviromental Insert.pdf 08-00976 Pre Legislation 2.pdf 08-00976 Statement.pdf 08-00976 Pre Legislation 3.pdf 08-00976 Attachment.pdf 08-00976 Pre Legislation 4.pdf 08-00976 Title 2.pdf 08-00976 Deed.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0497 Chair Sanchez: We move on to PH 7. George Mensah (Director, Community Development): Mr. Chair and Commissioners, PH.7 is a resolution requesting the approval of the sale of a property that was built by the Liberty City Trust for sale to -- it used to be Tymara Coldin, who initially had the property, and she couldn't meet the -- she could not get loan to complete the sale of the property, so this is to be sold to Maureen Allon. We've reviewed the income ofMaureen and she qualifies for the program and is able to get a mortgage from a bank. Chair Sanchez: Okay. PH7, we need a motion. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: So moved. Second. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by both Vice Chair Spence -Jones and Commissioner Sarnoff. City ofMiami Page 51 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PH.8 08-00977 Department of Community Development Vice Chair Spence -Jones: No public hearing? Chair Sanchez: Yes, it's a public hearing. Before we open it up for discussion, requires a public hearing. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission for a discussion. Discussion on the item. Vice Chair, you're recognized for the record on PH.7. Vice Chair Spence -Jones: Thank you, Mr. Chairman. It's really just a comment. Liberty City Trust definitely and the Department has been doing an outstanding job getting these houses. So I just want to direct this to the City Attorney, and we did have a conversation in our briefing regarding the closing issue, and I'm assuming we're rectifying, you know, the delays with Legal regarding the issue of the closing. I think we had a closing agent that was creating a lot of the delays. Some of these houses -- I think we have only one left now that is kind of been on hold or in limbo for almost a year -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- and it doesn't make sense to build something and have it sit for a year, you know, so I'm asking -- and I know that our City Attorney has assured me that we would no longer have this as an issue. As soon as we complete these homes, we're hopefully going to get these people in them, so I just wanted to make sure I put that on the record. Chair Sanchez: All right. PH 7 is a resolution. There's a motion and a second. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, 4/0, with the absence of Commissioner Regalado. PH 7 is a resolution approved, 4/0, with the absence of Commissioner Regalado. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 33RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $15,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL FAQADE PROGRAM ACCOUNT, FOR A TOTAL AMOUNT OF $115,000, IN SOFT COSTS; ALLOCATING SAID FUNDS TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., TO CONTINUE TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. City ofMiami Page 52 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00977 Legislation.pdf 08-00977 Exhibit.pdf 08-00977 Exhibit 2.pdf 08-00977 Exhibit 3.pdf 08-00977 Summary Form.pdf 08-00977 Public Notice.pdf 08-00977 Pre Legislation.pdf 08-00977 Spreadsheet.pdf 08-00977 Pre Legislation 2 .pdf 08-00977 Attachment A.pdf 08-00977 Corporation Papers.pdf 08-00977 Emails.pdf 08-00977 Amendment 1pdf 08-00977 Corporate Reso.pdf 08-00977 Master Report.pdf 08-00977 Attachment A 2.pdf 08-00977 Exhibit C.pdf 08-00977 Budget Forms.pdf 08-00977 Exhibit G.pdf 08-00977 Insurance.pdf 08-00977 Letter.pdf 08-00977 Insurance Approval.pdf 08-00977 Master Report.pdf 08-00977 Agreement.pdf 08-00977 Exhibit C 2.pdf 08-00977 Budget Forms 2.pdf 08-00977 Certification.pdf 08-00977 Sworn Statement.pdf 08-00977 Exhibit G 2.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-08-0498 Chair Sanchez: PH 8 is a resolution that is the Rafael Hernandez Housing and Economic Development Corporation. You're recognized for the record. Lillian Blondet (Assistant Director): Lillian Blondet, Department of Community Development. In this resolution we ask that you authorize us to transfer $5, 000 from the Department of Community Development facade account to Rafael Hernandez -- Commissioner Gonzalez: Move it. Ms. Blondet: -- Housing and Economic Development Corporation. Chair Sanchez: All right. There's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Commissioner Gonzalez, second by the Chair [sic]. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be City ofMiami Page 53 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PH.9 08-00997 Department of Community Development recognized. Seeing no one, the public hearing is closed, coming back to the Commission on PH.8. It's a resolution. Any discussion on the item? They are in good standing? Ms. Blondet: Yes, they are. Chair Sanchez: Okay. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE -- PH.8, it's a resolution, 4/0, with the absence of Commissioner Regalado. Ms. Blondet: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AT THE REQUEST OF WAGNER SQUARE LLC, AND SUBJECT TO APPROVAL FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE, TO AMEND, AND TO EXECUTE, IN LEGAL FORMS AND CORRECTNESS ACCEPTABLE TO THE CITY ATTORNEY, THE LOAN AGREEMENT DATED AS OF MARCH 10, 2005 ("DEVELOPER LOAN AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND WAGNER SQUARE LLC (THE "DEVELOPER") THE RELATED PROMISSORY NOTE FROM THE DEVELOPER TO THE CITY ("DEVELOPER NOTE"), THE HUD CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, BY AND BETWEEN HUD AND THE CITY, DATED AS OF JUNE 10, 2005 ("SECTION 108 LOAN GUARANTEE CONTRACT"), THE HUD SECTION 108 LOAN GUARANTEE PROGRAM VARIABLE/FIXED RATE NOTE NUMBER B-02-MC-12-0013, IN THE MAXIMUM COMMITMENT AMOUNT OF FOUR MILLION DOLLARS ($4,000,000) BY THE CITY AS BORROWER WITH AFTERWATCH & CO. AS HUD'S REGISTERED HOLDER AND NOMINEE FOR MONEY MARKET OBLIGATIONS TRUST ON BEHALF OF THE GOVERNMENT OBLIGATIONS FUND, DATED AS OF JUNE 10, 2005 ("SECTION 108 LOAN GUARANTEE NOTE"), THE RELATED BROWNFIELD ECONOMIC DEVELOPMENT INITIATIVE ("BEDI") GRANT AGREEMENT FOR ONE MILLION DOLLARS ($1,000,000) BETWEEN HUD AND THE CITY DATED AS OF JUNE 10, 2005 ("BEDI GRANT"), THE COLLATERAL ASSIGNMENT BY CITY TO HUD WITH CONSENT AND ACKNOWLEDGEMENT OF THE DEVELOPER DATED AS OF JUNE 10, 2005 ("HUD COLLATERAL ASSIGNMENT"), THE CUSTODIAL AGREEMENT FOR SECURITY DOCUMENTS BY AND AMONG THE CITY, THE DEVELOPER AND SUNTRUST BANK AS CUSTODIAN DATED AS OF JULY 7, 2005 ("HUD CUSTODIAL AGREEMENT") AND ALL OTHER RELATED DOCUMENTS, INSTRUMENTS, ATTACHMENTS AND EXHIBITS NECESSARY FOR AMENDING THE SECTION 108 LOAN GUARANTEE CONTRACT, SECTION 108 LOAN GUARANTEE NOTE, BEDI GRANT, DEVELOPER LOAN AGREEMENT, DEVELOPER NOTE, HUD COLLATERAL ASSIGNMENT, AND HUD CUSTODIAL AGREEMENT FOR THE COMMERCIAL -COMPONENT OF THE WAGNER SQUARE PROJECT TO BE DEVELOPED ON THE PROPERTY FORMERLY KNOWN AS THE CIVIC CENTER SITE, LOCATED City ofMiami Page 54 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 AT 1700 NORTHWEST 14TH AVENUE, MIAMI, FLORIDA ( "PROPERTY"), AND TO EXTEND THE CONSTRUCTION COMMENCEMENT DATE OF THE COMMERCIAL COMPONENT TO COMPLY WITH RELATED HUD, CITY, AND FINANCING REQUIREMENTS; RATIFYING, APPROVING, AND CONFIRMING, NECESSARY PREVIOUS NOTICES AND ACTIONS OF THE CITY MANAGER AND OTHER NECESSARY CITY OFFICIALS REGARDING THE HUD AMENDED COMMITMENT SCHEDULE; AND AUTHORIZING THE CITY MANAGER AND SUCH OTHER NECESSARY CITY OFFICIALS TO AMEND, TO UNDERTAKE, AND TO EXECUTE, SUBJECT TO APPROVAL OF LEGAL FORMS AND CORRECTNESS BY THE CITY ATTORNEY, ANY OTHER NECESSARY FILINGS, NOTICES, INSTRUMENTS, AND DOCUMENTS AS MAY BE FURTHER REQUIRED BY HUD OR THE CITY FOR IMPLEMENTATION OF SAID PURPOSES. 08-00997-Legislation-SUB.pdf 08-00997-Amended Commitment Schedule.pdf 08-00997-E-mail-Robin Jones Jackson.pdf 08-00997 Exhibit.pdf 08-00997 Exhibit 2.pdf 08-00997 Exhibit 3.pdf 08-00997 Exhibit 4.pdf 08-00997 Exhibit 5.pdf 08-00997 Summary Form.pdf 08-00997 Letters.pdf 08-00997 Exhibit 1.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0499 Chair Sanchez: All right. RE.4. Julie O. Bru (City Attorney): Mr. Chairman. Chair Sanchez: It's also a resolution. Ms. Bru: This is a resolution to request authorization to pay on behalf ofMagaly R. Balseiro, subject to the conditions imposed by Chapter 440, a total sum of $45, 000. This would be a full settlement of all claims for all accidents alleged in this workers compensation case. Chair Sanchez: All right. It's a full settlement of all claims. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. It a resolution not requiring a public hearing. Any further discussion on this item? We are on item RE.4. Madam Clerk. Pamela E. Burns (Assistant City Clerk): We have a substitution on RE.4. City ofMiami Page 55 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: I was not aware of that substitution. Ms. Bru: The substitution is that the financial sign -off from the Budget Office was not included in the package. It's just an additional document that's now -- it's part of the agenda. Chair Sanchez: And this settlement is for how much? Ms. Bru: Forty-five thousand dollars. Commissioner Gonzalez: Forty-five. Chair Sanchez: Forty-five thousand. All right. That -- okay. Any further discussion on the item? No discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it passes, 5/0. City ofMiami Page 56 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 ORDINANCES - FIRST READING FR.1 08-00978 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Community CHAPTER 2, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, Development FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ESTABLISHING THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("BOARD"), SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON DESIGNATED BY THE CITY MANAGER, COUNSEL, AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 19 TO ARTICLE XI OF CHAPTER 2 OF THE CITY CODE; RESCINDING RESOLUTIONS NOS. 00-867, 02-14, 03-993 AND 04-0156 IN THEIR ENTIRETY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00978 Legislation.pdf 08-00978 Summary Form.pdf 08-00978 Resolution.pdf 08-00978 Policy Guidelines.pdf 08-00978 Resolution 2.pdf 08-00978 Resolution 3.pdf 08-00978 Memo.pdf 08-00978 Pre Legislation.pdf 08-00978 Memo 2.pdf 08-00978 List.pdf 08-00978 Resolution 4.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: Okay, moving right along. Let's take up FR.1. George Mensah (Director, Community Development): Mr. Commissioner -- Mr. Chair and fellow Commissioners -- Chair Sanchez: Let's just say this is a clean-up item, okay? Mr. Mensah: Yes. Chair Sanchez: Let's just say this should have been an ordinance since day one and not a resolution. That's why it's in front of us, but -- Mr. Mensah: Yes, Commissioner. This is codifying the Housing and Commercial Loan Committee, and this will ensure that first of all, we meet all the requirements of the State as to City ofMiami Page 57 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 the roles of this particular committee, and also it also enables the City Clerk's Office to be able to assist us in maintaining the roster and getting applications -- applicants for this particular committee. Commissioner Gonzalez: Move FR.1. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: All right. There's a motion and a second. FR.1, it's an ordinance on first reading. It'll come back to us on a second reading. It is a public hearing. Anyone from the public wishing to address FR.1 on first reading, please identify yourself. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on FR.1, which is an ordinance on first reading? If not, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Madam Clerk, roll call on FR.2 [sic]. Pamela E. Burns (Assistant City Clerk): FR.1. Chair Sanchez: I'm sorry, FR.1. FR.2 is the one that we withdraw that was looking at. I apologize. Ms. Burns: Okay. Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Chair Sanchez? Chair Sanchez: Why am I voting? I'm the last one to vote. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff I like that he voted ahead (UNINTELLIGIBLE). That was a good idea. Yes. Ms. Burns: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Burns: This item has passed on first reading, 4/0. Chair Sanchez: And I vote yes. But isn't the Chair always last to vote? Ms. Burns: Commissioner Gonzalez made the motion. Chair Sanchez: All right. Okay. Commissioner Gonzalez: I made the motion. Chair Sanchez: All right. It passes, 4/0, with the absence of Vice Chair Spence -Jones. City ofMiami Page 58 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 FR.2 08-00979 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 2/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTIONS 2-817, 2-825 AND 2-826 TO PROVIDE FOR ENHANCED CODE COMPLIANCE AND THE MITIGATION OF FINES FOR CAUSE AND TIMELY REPAYMENT OF FINES AND LIENS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-00979 Legislation.pdf 08-00979 Summary Form.pdf WITHDRAWN Note for the Record: Please refer to "Order of the Day" for minutes referencing item FR.2. City ofMiami Page 59 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.1 08-00733 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, RESTRICTING THE USE OF TWO CITY -OWNED PARCELS OF LAND, LOCATED AT ROBERT KING HIGH PARK, 7025 WEST FLAGLER STREET, MIAMI, FLORIDA, AS DESCRIBED IN "COMPOSITE EXHIBIT A," ATTACHED AND INCORPORATED, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID UNITY OF TITLE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-00733 Legislation.pdf 08-00733 Exhibit.pdf 08-00733 Summary Form.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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0500 Chair Sanchez: We move to RE.1. RE.1 is a resolution. Commissioner Gonzalez: What about FR.2? Pedro G. Hernandez (City Manager): It was withdrawn, sir. Chair Sanchez: FR.2 was withdrawn. Mr. Hernandez: Withdrawn. Commissioner Gonzalez: Oh, that was withdrawn, okay. I'm sorry. Chair Sanchez: Yes. All right. Ola O. Aluko (Director, Capital Improvements Program): Ola Aluko. Chair Sanchez: Let's -- listen, let's -- we got a half an hour if we want to break by 12. A lot of these are resolutions and settlements that aren't controversial. Let's try to get through them -- Commissioner Gonzalez: We should. Chair Sanchez: -- as quickly as possible. Okay, FR.2. I'm sorry, RE.1. Mr. Aluko: RE.1. Ola Aluko, director of Capital Improvements, City ofMiami. RE.1 is authorizing execution of the unity of title for two City -owned parcels. Unification of these parcels will allow for the development of the Robert King High project. Chair Sanchez: All right. Need a motion. City ofMiami Page 60 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.2 08-00734 Department of Capital Improvements Program Commissioner Regalado: Move it. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Gonzalez. It's a resolution not requiring a public hearing. Any further discussion on resolution RE.1 ? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it passes 4/0, with the absence of the Vice Chair. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 12, 2008, PURSUANT TO INVITATION FOR BIDS NO. 07-08-015, FROM NAC CONSTRUCTION INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "REPLACEMENT OF FIRE STATION NO. 11, B-60452," IN AN AMOUNT NOT TO EXCEED $3,024,000, FOR THE SCOPE OF WORK, PLUS $302,400, ADDITIONAL OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $3,326,400; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-60452; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-00734 Legislation.pdf 08-00734 Exhibit.pdf 08-00734 Exhibit 2.pdf 08-00734 Exhibit 3.pdf 08-00734 Exhibit 4.pdf 08-00734 Exhibit 5.pdf 08-00734 Exhibit 6.pdf 08-00734 Exhibit 7.pdf 08-00734 Summary Form.pdf 08-00734 Memo.pdf 08-00734 Bid List.pdf 08-00734 Formal Bid.pdf 08-00734 Bid List 2.pdf 08-00734 Check.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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-08-0501 Chair Sanchez: All right. RE.2. Ola O. Aluko (Director, Capital Improvements Program): RE.2 is a resolution authorizing the Manager to accept the bid, an execution of agreement with the NAC Construction, Incorporated as the lowest and responsive responsible bidder pursuant to invitation received -- invitation to bid, rather, to -- received on May 12, 2008. City ofMiami Page 61 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: All right. Mr. Aluko: The total amount of the project will be three million, three twenty-six. Chair Sanchez: And based on your briefing with me, and 199.9 percent of the time take your advice, it is a good deal for the City, correct? Mr. Aluko: Yes, it is. We -- Chair Sanchez: All right. Mr. Aluko: -- do recommend it. Chair Sanchez: Is there a motion? Chairman Gonzalez: Move RE.2. Chair Sanchez: Motion by -- Commissioner Sarnoff Second. Chair Sanchez: -- Commissioner Gonzalez, second by Commissioner Sarnoff. Discussion on the item. It's a resolution; doesn't require any public hearing. No further discussion on the item. We're voting on RE.2. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, 4 -- Mr. Aluko: Thank you. Chair Sanchez: -- 0, with the absence of the Vice Chair. RE.3 08-00788 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, AMENDING ARTICLES 18.19 (WAGES), 34 (SUBSTANCE/ALCOHOL -PERSONNEL SCREENING), 35 (HEART BILL/PHYSICALS) AND 45 (TERM OF AGREEMENT), AND CLARIFYING ARTICLE 18.4 (WAGES) OF THE COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, WALTER E. HADLEY, JR., MIAMI LODGE NO. 20, IN EFFECT FOR THE PERIOD OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010, SUBJECT TO THE CONDITIONS IMPOSED BY FLORIDA STATUTE 447.309(1). 08-00788 Legislation.pdf 08-00788 Exhibit.pdf 08-00788 Summary Form.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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City ofMiami Page 62 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 R-08-0502 Chair Sanchez: RE.3. RE.3 is a memorandum of understanding. Hector Mirabile (Director, Employee Relations): Yes, sir. Chair Sanchez: All right. Mr. Mirabile: Hector Mirabile, director of Employee Relations. This is a resolution of the City ofMiami Commission, with attachments, ratifying a memorandum of understanding, amending Articles 18, 19, 34, 35, and 45, and also clarifying Article 18, which is wages, of the collective bargaining agreement between the City ofMiami and the Fraternal Order of Police, Walter E. Hadley, Jr, Miami Lodge Number 20, in effect for the period of October 1, 2007 through September 30, 2010, subject to the conditions imposed by the Florida Statute 447.309(1). Commissioner Gonzalez: Move RE.3. Chair Sanchez: All right, there's a motion. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. It's a resolution not requiring a public hearing. Any further discussion on RE.3? Hearing no further discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the item passes. You're voting in favor of this item? She is not voting on this item, so it's 4/0, with the absence of the Vice Chair. Mr. Mirabile: Thank you. RE.4 08-00859 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 MAGALY R. BALSEIRO, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $45,000, 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. 08-00859 Legislation.pdf 08-00859 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0503 City ofMiami Page 63 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.5 08-00883a District 3- Chair Joe Sanchez Chair Sanchez: All right. RE.4. Julie O. Bru (City Attorney): Mr. Chairman. Chair Sanchez: It's also a resolution. Ms. Bru: This is a resolution to request authorization to pay on behalf ofMagaly R. Balseiro, subject to the conditions imposed by Chapter 440, a total sum of $45, 000. This would be a full settlement of all claims for all accidents alleged in this workers compensation case. Chair Sanchez: All right. It's a full settlement of all claims. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. It a resolution not requiring a public hearing. Any further discussion on this item? We are on item RE.4. Madam Clerk. Pamela E. Burns (Assistant City Clerk): We have a substitution on RE.4. Chair Sanchez: I was not aware of that substitution. Ms. Bru: The substitution is that the financial sign -off from the Budget Office was not included in the package. It's just an additional document that's now -- it's part of the agenda. Chair Sanchez: And this settlement is for how much? Ms. Bru: Forty-five thousand dollars. Commissioner Gonzalez: Forty-five. Chair Sanchez: Forty-five thousand. All right. That -- okay. Any further discussion on the item? No discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it passes, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THAT ALL REQUESTS FOR THE WAIVER OF FEES, PRIOR TO CITY COMMISSION CONSIDERATION, CLEARLY INCLUDE A BREAKDOWN OF ALL FEES TO BE WAIVED, IDENTIFYING ALL IN -KIND SERVICES COSTS, MONETARY COSTS AND ANY ALL WAIVED COSTS, THEREBY COMPLYING WITH THE FINANCIAL POLICIES OF THE ANTI -DEFICIENCY ACT PURSUANT TO CHAPTER 18/ARTICLE IX/DIVISION 1/SECTION 18-502 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/PROCEDURES AND IMPLEMENTATION;" DIRECTING THE CITY MANAGER TO ADHERE TO City ofMiami Page 64 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 SAID POLICY BEFORE INCLUDING ANY SUCH ITEMS ON CITY COMMISSION AGENDAS OR BEFORE ACCEPTING SAME AS POCKET ITEMS. 08-00883a Legislation.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0511 Chair Sanchez: RE.5. Commissioner Gonzalez: I'll move RE.5. Chair Sanchez: Okay. Commissioner Regalado: Second. Chair Sanchez: There is an amendment to that, and it's just the wording that was changed. You know what, I don't have it with me. Let's go ahead and table that one till I get it back. It's just minor language. It wasn't satisfied with the language of the Legal Department, and it's just -- it's words. It's just "the" and "shall, " so we'll table that one and bring it back. "[Later...]" Chair Sanchez: So let's go ahead and take up RE.5. RE.5 is my item. That's the item that we deferred. We didn't have a clear language. The resolution basically, in itself it's a resolution of the City ofMiami Commission requesting that -- in other words, confirming that any requests for the waivers of fee prior to City Commission consideration clearly include a breakdown of all fees to be waived, identifying all in -kinds [sic]. The resolution prepared by the City Attorney said "the" in -kind. No. We want to make sure that it says "all" in -kind services, costs, monetary costs, and any other waived costs, thereby complying with the financial policy of the anti -deficiency. So basically, if you look at the language under Section 1, the City Commission confirms that all requests for the waivers of fees prior to City Commission consideration clearly include a breakdown of all fees to be waived, identify all financial policies of the anti -deficiency. Basically, just want to emphasize that we're changing "the " for "all" as to what this ordinance is all about, so I would pass the gavel to the Vice Chair and move this. I feel this is needed, and I'll tell you why it's needed. We've had a lot of in -kind services that we've given out, and if you look at the record, we're giving in -kind to for profit organizations. We're also giving in -kind assistance to a lot of organizations that are doing the events outside of the City; and then to get through the loophole, what they do is they have several events in Broward, Miami Beach, and then they have one student event or a minor event in the City. So I think we are stewards of our taxpayers' dollars and we need to be very careful as we focus on the festivity account. Now, if you want to put it from your account and it comes from your office account, my God, you can spend that money any way you want, but when it comes out of the City waiving any events, I think it's important for us to recognize all the services and in -kinds [sic] that are presented in this legislation. So I would -- Vice Chair Spence -Jones: I had a -- Chair Sanchez: -- make a motion. Vice Chair Spence -Jones: -- I have a motion. Do I have a second on it? City ofMiami Page 65 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Sarnoff Second. Vice Chair Spence -Jones: Any discussion? Commissioner. Commissioner Regalado: I think it's important that we know, and I think -- but the most important thing is what the Chairman said that there is some groups that do events -- the main events outside of the City and they do one small in the City as a loophole. Most of the waivers here are for the City parks, which is the parks of the people, but remember that we have in the budget a separate allocation for many, many events, and we need to look at that, too, to see if these events are being done within the City ofMiami; and if this is the main event. Like for -- we have allocated money for the Orange Bowl, which is done in the -- Vice Chair Spence -Jones: Broward. Pro Player. Commissioner Regalado: -- in Broward and in the stadium, the Dolphin Stadium, so we need to understand if that money is being used for the event in Miami or if that money is being used for the events throughout the South Florida area. So I think it's important in the budget process that we look at that, and it's very important that we understand and that we bring the people to the parks ofMiami. So that's the only comment that I wanted to say. Vice Chair Spence -Jones: Okay. Commissioner Regalado, you had a comment? Okay. We had a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Chair Sanchez: All right. RE.5, we just voted on that, and it passed, 4/1 for the record, absent was Commissioner -- Pamela E. Burns (Assistant City Clerk): Excuse me, 4/0. Chair Sanchez: I'm sorry, 4/0, and Commissioner Gonzalez was absent in the vote for the record. Ms. Burns: And it was modified for the record. Chair Sanchez: And it was modified, yes. That's RE.5. RE.6 08-00961 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF GEORGE LEWIS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $55,100, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. City ofMiami Page 66 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00961 Legislation.pdf 08-00961 Memo.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 Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0512 Chair Sanchez: Okay. RE.6. Commissioner Sarnoff Could we -- I'm going to make a motion to table RE.6. I just have not been briefed on it. Chair Sanchez: Okay, so do you want to table it till this afternoon or what? Commissioner Sarnoff That's fine. Chair Sanchez: All right. Both RE.5 and RE.6 have been tabled till this afternoon. "[Later...]" Chair Sanchez: We go to RE.6. That was a settlement that Commissioner Sarnoff tabled for the afternoon. Has that issue been addressed, Commissioner Sarnoff? Commissioner Sarnoff I'll move to approve it. Chair Sanchez: All right. There is a motion by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Sarnoff on RE.6, second by Commissioner Regalado. Any discussion on resolution number 6? Hearing no discussion, it's a resolution not requiring a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, 4/0, Commissioner Gonzalez being not present for the vote. "[Later...]" Chair Sanchez: All right. That takes care of pocket items. Let's go ahead and take a 15 -- Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chair. Vice Chair Spence -Jones: No, 30. Ms. Burns: In order to clarify our records on RE.6, we have a submission into the record also from the Budget Department affixing a signature approving the funds, and I wanted to ensure that that was a resolution that was modified when it was originally passed. Is that correct? Julie O. Bru (City Attorney): Okay. The resolution itself was not modified. It's just that it needed an additional document as backup, which was the budgetary sign -off. So the resolution, as adopted, was the same as was included in the agenda. It was just an additional document. City ofMiami Page 67 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Thank you. Chair Sanchez: All right. Ms. Burns: We'll consider it modified since that document was not included originally with the package. Chair Sanchez: Has that taken care of the problem, Madam Clerk? Ms. Burns: Yes, sir. Chair Sanchez: All right. That takes care of the regular agenda, correct, including the PZ (Planning & Zoning) item that was on the agenda? So, therefore, let's take a half an hour recess, and we'll be here at 5:30, and we'll go ahead with the budget. So the City ofMiami Commission meeting stands in recess 'til 5:30, which we'll address the budget. "[Later...]" RE.7 08-00980 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, A MEMORANDUM OF AGREEMENT ("MOA") BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, ACTING THROUGH THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE STATE OF FLORIDA, AND THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, THE SPONSORING AGENCY OF FLORIDA TASK FORCE 2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE ANY FUTURE AMENDMENTS TO THE MOA, SUBJECT TO THE APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-00980 Legislation.pdf 08-00980 Exhibit.pdf 08-00980 Summary Form.pdf 08-00980 Letter.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0504 Chair Sanchez: Okay. RE.8. Commissioner Gonzalez: No, RE.7. Vice Chair Spence -Jones: RE.7. Chair Sanchez: I'm so sorry. Oh, yes, RE.7. That shouldn't be a problem. RE.7 is a resolution. Is there a motion? Commissioner Gonzalez: Move it. City ofMiami Page 68 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we vote on it, assistant chief can you put something on the record pertaining --? Deputy ChiefMaurice Kemp: No. Chair Sanchez: Huh? Deputy Chief Kemp: There's nothing for the record. Just a resolution for an agreement between Homeland Security/FEIVIA (Federal Emergency Management Agency) and the City ofMiami for Task Force 2's memorandum of agreement. Chair Sanchez: Okay. That's -- I asked you to put something on the record for -- so we're voting for because people when they see us on TV (Television), if we don't show what we're voting for, they think we're just voting for anything, you know. Deputy Chief Kemp: You're correct. Chair Sanchez: All right, so RE. 7. It's a resolution. There's a motion and a second, and that is an agreement with the U.S. Department of Homeland Security and FEI LA. Any discussion on the item? Hearing no discussion on RE.7, it's a resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0. RE.8 08-00981 RESOLUTION Department of A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, WITH Finance ATTACHMENT(S), PROVIDING FOR THE ISSUANCE OF NOT TO EXCEED FORTY MILLION DOLLARS ($40,000,000) IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA NON -AD VALOREM REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2008, TO REFUND ALL OF THE CITY'S OUTSTANDING NON -AD VALOREM VARIABLE RATE REFUNDING REVENUE BONDS, TAXABLE PENSION SERIES 2006; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE NEGOTIATION AND DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; RATIFYING, CONFIRMING AND APPROVING THE SENDING OF THE CONDITIONAL NOTICE OF REDEMPTION; APPROVING THE FORM AND AUTHORIZING, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, THE EXECUTION AND DELIVERY OF A SERIES 2008 INDENTURE PURSUANT TO WHICH THE BONDS WILL BE ISSUED; RATIFYING, CONFIRMING AND APPROVING THE SELECTION OF THE UNDERWRITERS; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, A MUNICIPAL BOND City ofMiami Page 69 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 INSURANCE POLICY TO INSURE SAID BONDS, AND/OR A RESERVE FACILITY FOR DEPOSIT IN THE RESERVE FUND, IF NECESSARY, AND TO EXECUTE AND DELIVER, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, ANY RELATED AGREEMENTS IN CONNECTION THEREWITH; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, OF A PRELIMINARY OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, OF AN OFFICIAL STATEMENT AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING, SUBJECT TO APPROVAL OF LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY, THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO; AUTHORIZING ALL NECESSARY CITY OFFICIALS TO UNDERTAKE ALL OTHER REQUIRED ACTIONS FOR SAID PURPOSES; AND PROVIDING FOR AN EFFECTIVE DATE. 08-00981 Legislation.pdf 08-00981 Exhibit.pdf 08-00981 Exhibit 2.pdf 08-00981 Exhibit 3.pdf 08-00981 Exhibit 4.pdf 08-00981 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0505 Chair Sanchez: RE.8. Diana Gomez: RE.8 is a reso -- Diana Gomez, Finance director. RE.8 is a resolution which respectfully requests the City Commission accept the recommendation of the City Manager to refund the City's outstanding non-advalorem variable rate tax pension bonds, in an amount not to exceed $40 million. We do not expect to use the entire $40 million for this fransaction. Currently, the transaction is at $32.2 million without bond insurance and without a reserve fund. We are asking for a not -to -exceed amount in the event that the market demands insurance and/or a reserve fund. The resolution presented also delegates the City Manager certain matters and details concerning the bonds. To give you a little history on this item, back on November 2004, the City entered into a swaption with Morgan Stanley, which refunded a portion of the 1995 pension bonds. As part of that fransaction, the City obtained insurance -- bond insurance from MBIA (Municipal Bond Insurance Association). The City benefited from a 6.43 interest rate, an annual payment from Morgan Stanley in the amount of $250, 000 and a reduced debt service payments over the life of the loan. In October 2006 Morgan Stanley exercised its options to enter into a swap. In February 2008 MBIA's triple A ratings downgraded as a result of the current marketing conditions, which resulted in higher costs for repayment of the bonds. As such, the City was faced with this decision on how to handle the higher interest rate payments and costs. The City considered different options, which included refunding the bonds and removing the insurance provider. The City's main goal in this issue was to mitigate risk and uncertainty of the current volatile market. With that in mind, after discussion and deliberation City ofMiami Page 70 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 with the City's financial experts, the financial advisors, and the City's finance committee, it was determined and recommended that the City refund to a fixed rate and cancel the swap. Part of the cancellation of the swap requires the termination payment to Morgan Stanley. The timing of this item is critical as our window for refinancing under this deal under the current indenture expires on September 30, 2008. If we go beyond that date, we will incur additional substantial costs. Commissioner Gonzalez: Move RE.8. Chair Sanchez: All right. RE.8, there's a motion by -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Vice Chair -- I mean, the motion is made by Commissioner Gonzalez, second by the Vice Chair. It's a resolution. Are there any questions on this? Before we open it up for question, can we have Ed Marquez come up because I had some concerns and I was able to meet with him this morning, and he really did clear up a lot of the doubts that I had, and maybe through his explanation that he gave me, he might be able to address some of the concerns that we have. Basically, he is the experts on the finance side, which this has several sides. Of course, we have bond counsel and we have disclosure counsel, but really it boils down to the finance guy that knows the language and can really give us a better understanding. Ed, please. Ed Marquez: Thank you, Mr. Chairman. Back in 2004, the City, like Diana had said, had entered into a swaption agreement with Morgan Stanley. Back at that time they entered into it for economic benefit, and it was structured to be -- and it was considered to be a very safe transaction, given the guarantees by the insurer on the transaction. Since 2004 Morgan Stanley exercises its option in 2006. We did bonds and recognized the present value savings of 9.6 percent at that point in time. Again, a good execution of the transaction. Since 2006, started -- actually, like Diana said, starting in late 2007, spring of 2008, the economy -- the insurance market went crazy within this country, and what happened ultimately is that the bond insurers -- most of the bond insurers got downgraded, including MBIA, which backs these bonds. Once MBIA got downgraded, the interest rates that the City needed to be -- needed to pay because these bond fees -- these bonds get reset every week, the interest rates started escalating. Currently, in the current marketplace, we're -- the City's paying around 9.6 percent interest, and that's a conservative figure that can very well go up should the marketplace dictate so. Now can this thing resolve itself on its on? That's a possibility. Maybe the entire economy will get settled down and the insurance companies will get re -- you know, have their ratings readjusted upwards, but no one knows that to be a fact, no one knows a time line for that. So given the City's budget situation, given the City's need for risk reduction, it examined several possible transactions. We examined short-term variable rate debt. We examined another letter of credit transaction, but when all said and done, management felt that the best option for the City to get a handle on its interest expense, to reduce its ongoing risk going forward was to structure this transaction as a fixed-rate transaction, which is what we have done here. When -- you know, that's basically it. From what you have right now to what -- from what we're proposing, this locks in the risks, this locks in the interest rates, and comparing, you know, what we're paying now and looking out into the future, what we're doing now we'll be saving $2.5 million on a present value basis. Chair Sanchez: All right. Are there any questions? Commissioner Sarnoff. Commissioner Sarnoff I do. And let me -- you say we're going to save $2.5 million on a present value basis, yet the termination fee will cost us $2.6 million. Mr. Marquez: That's included -- that's after -- City ofMiami Page 71 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Sarnoff That's part ofyour analysis. Mr. Marquez: -- the payment of the termination fee, we're still $2.5 million ahead, given the assumptions that we have. Again, we're dealing with variable rate debt here. Commissioner Sarnoff Well, I know a lot of these are assumptions. Well, let me ask you a couple ofyour assumptions. You presently have a 9.6 percent rate, correct, adjusted every week? Mr. Marquez: Correct. Well, 9.2. Yes. Commissioner Sarnoff Nine point what? Mr. Marquez: Nine point two percent. Commissioner Sarnoff Even better. And you're going to an 11.4 percent fixed rate? Mr. Marquez: No, no. We're going down to a 6.54 percent fixed rate. Commissioner Sarnoff Well, these are the notes somebody gave me, so I want to make sure -- I'm just clarifying something. Commissioner Gonzalez: No. We're going down. Chair Sanchez: Yeah. Commissioner Gonzalez: I would have never make a motion if we're going up. Commissioner Sarnoff Okay. Because that's part of the notes that I have, and I was just curious. Now, with the advent of the United States nationalizing the debt by taking over Ginnie Mae and Fannie Mae, have you factored that into your equation? Mr. Marquez: No one knows what the impact of the possible nationalization of Fannie Mae and Ginnie Mae will be on the bond insurers that insure municipal debt. I -- there's no way of factoring that in. No one has that crystal ball. Commissioner Sarnoff Don't you think, though, as a result of that occurring, it stabilizes all of the mortgage rates in the country and creates a bigger -- a larger amount of money available --? Isn't that the intent of that whole purchase? Mr. Marquez: Well, that's -- the intent of the Fannie Mae and Freddie Mac bailout -- Commissioner Sarnoff Right. Mr. Marquez: -- is to stabilize the mortgage companies. Commissioner Sarnoff Right. And by -- Mr. Marquez: But the municipal bond insurers are several steps away from -- you know, we're talking about different marketplaces. Commissioner Sarnoff Oh, I realize they're several steps away, but it's the beginning of a snowball. Mr. Marquez: I hope you're right. City ofMiami Page 72 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Sarnoff Okay. Mr. Marquez: I have no way of knowing that. And, quite frankly, let's say if that was to take -- that stabilization was to take five years, just to throw out a number because I have no way of knowing, we would spend more in interest costs over those five years than the termination costs that we would be paying on this fransaction. Commissioner Sarnoff Is the amount of 2.6 million the entire termination fee -- Mr. Marquez: Valued as -- Commissioner Sarnoff -- or are there other --? Mr. Marquez: -- of a point in time, everything change -- everything is set by markets, and we're planning to (UNINTELLIGIBLE) price as saying September 23 if you -- if the Commission okays this fransaction. That's when the termination fee will finally be set, but to the best of our abilities to estimate this cost, and we have quantitative people that specialize in swaps do come up with these numbers, that's our best estimate of the cost of that fransaction today. Commissioner Sarnoff And the $2.6 million includes every foreseeable cost, no hidden fees, no other transactions, no reinsurance matters? Mr. Marquez: The $2.6 million takes you out of the swap fransaction. There are other issues -- Commissioner Sarnoff You're pointing at me, Larry. You want to say something? Larry Spring (Chief Financial Officer): It's just a termination fee. Mr. Marquez: Yeah, it's a termination fee on the Morgan Stanley swap. Commissioner Sarnoff Well, I understand what it is. My question is a little different. Mr. Marquez: There are other issuance costs. Commissioner Sarnoff What are those issuance costs because I don't know that those are factored in? Mr. Marquez: No. Those factor -- those costs are indeed factored into that -- into the 6.454 percent number that you've seen, and those issuance -- Commissioner Sarnoff That's worth -- Mr. Marquez: -- costs are estimated to be $208, 000, more or less, for the underwriters -- Commissioner Sarnoff Right. Mr. Marquez: -- on the transaction -- Commissioner Sarnoff Right. Mr. Marquez: -- and $215, 000 for all other costs, bond counsel, disclosure counsel, financial advisor. Commissioner Sarnoff Right. So is that four hundred plus thousand dollars, have you put it City ofMiami Page 73 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 into the 6.54 percent or is it in addition to the 6.54? Mr. Marquez: It's totally included. That 6.54 percent is an all-inclusive interest rate, factoring in all costs. Where -- what we have here is the best apples -to -apples comparison that you can get. Commissioner Sarnoff All right. Let me ask this question. Has the City ever in the past, other than this transaction, ever entered into a bond with a variable rate? Chair Sanchez: Probably never. Pete Chircut (Treasurer): Pete Chircut, the Finance Department. No, the City does not have any outstanding bonds that are variable rate debt. We do have sunshine state loans, which are variable rate debt, and that is -- we're paying between one and a half and two percent. Commissioner Sarnoff Is there now a protocol or a procedure or have you issued some sort of mandate, Mr. Manager, that we no longer enter into variable debts? Pedro G. Hernandez (City Manager): Commissioner, we haven't. However, it's prudent at this point to say that we are going to fixed rates rather than the variable. Larry. Mr. Spring: Larry Spring, chieffinancial officer. That prohibition would be dictated by our debt policy. We have a debt policy that establishes the parameters by which we should issue prohibitions on certain types of transactions, so forth, so -- and the Finance Committee oversees that policy and makes policy recommendations to the Commission and -- to the Administration and the Commission. At this time, obviously, we're being very mindful not to enter into those types of transactions, but it would be dictated by the policy. Commissioner Sarnoff When we entered into this debt and we entered into this swap, there was no ceiling put on what the rate could fix to. Is that correct? Mr. Marquez: The swap transaction that's in place right now calls for certain things. It -- the components of this are the City pays to Morgan Stanley 6.43 percent. The City receives from Morgan Stanley a monthly variable rate, libor rate. Let's, for sake of argument, say that's 2.5 percent -- Commissioner Sarnoff Right. Mr. Marquez: -- because that's what it currently is today. The City also receives, on an annual basis, from Morgan Stanley $250, 000 every December 1. I mean, that's a transaction -- that's a swap transaction. Off to the side, the City -- when they did this -- when they exercised their transaction, they caused the City to issue variable rate debt -- this is a 2006 transaction -- and that variable rate debt trades -- used to frade when this insurers were good, the variable rate debt would trade at a 2.5 equal to the libor, they netted each other out and the City ends up paying 6.43 percent. Commissioner Sarnoff Right. That was -- Mr. Marquez: That's the way it worked. Now, you asked whether or not there was a fixed cap. No. The marketplace -- the bonds -- the Series 2006 bonds get put every week on the market rates. When the insurers went crazy, those rates went up and you had a big difference between what you were paying to the bond holder and what you -- Commissioner Sarnoff Right. Your problem becomes MBIA's downgrading. City ofMiami Page 74 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Marquez: Absolutely. Commissioner Sarnoff Right. And your issue becomes that your guarantor or your insurer of your loan is no longer considered to be a fiscally prudent company. Mr. Marquez: And no one's buying the debt that's -- that has -- Commissioner Sarnoff Right. Mr. Marquez: -- their name on it. Commissioner Sarnoff But my point being, when you went into this trans -- I know that's your bigger problem, but when you enter the variable rate fransaction, there was no sealing put on it. Mr. Marquez: You can't put -- there's no such thing as a ceiling on variable rate transactions. Variable rates means that you're going to pay rates that are -- Commissioner Sarnoff You can fluctuate from -- Mr. Marquez: -- that fluctuate on a weekly basis. Commissioner Sarnoff -- five to fifteen percent. Mr. Marquez: Let's talk general terms because it's -- you know, when you're talking -- variable rate debt is a good thing, oftentimes. It fluctuates, and if you -- variable rate debt means that the people who owns it could turn it back on a weekly basis to you, so those rates are usually run two to three percent as a rule. So you know, when a city, a county has a debt portfolio, hundreds of millions of dollars out there, they're going to take most of their debt and put it in a fixed rate debt because they want certainty, but that fixed rate debt's around five, six percent. Most larger entities have a portion of their portfolio in variable rate debt, and why do they do that? Well, because their available rate debt on average, over time, will be between two and three percent. So, yes, it fluctuates with the market. If it's a small piece of your overall portfolio, you can take that risk and you lower your overall borrowing costs accordingly. So it's just a -- but in this particular case and for this particular bond issue, this was backed by -- it was structured at a time when this was a very normal, safe fransaction with a triple A insurance. You know, that triple A means that the rating agencies thought thatMBIA had the best credit rating for a very long period of time, so it was a very prudent transaction for the City to have entered into, but things have changed. Commissioner Sarnoff And I just want to be clear. That 11.4 percent rate as of September 10 is not correct? Mr. Marquez: Eleven point -- the -- we calculate -- Commissioner Sarnoff That it's not -- Mr. Marquez: -- the rate at that time frame around 9.21 percent. Commissioner Sarnoff So I -- Mr. Marquez: We have included, okay, in our analysis to you, the $250, 000 that gets paid to the City, thereby reducing that rate, and that might be the difference. I don't know where the 11. -- Commissioner Sarnoff Well, it's a number I've come up with. I want to hear on the record that I am incorrect. City ofMiami Page 75 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Marquez: Well, I think the difference may be the -- you -- if you -- depends on how you freat the 250, 000. Do you want to --? Mr. Chircut: Yes. Commissioner -- Commissioner Sarnoff I want to treat them all fairly and equally. Mr. Chircut: -- the 11.43 percent is what the City is paying. What was not put into there, what the City was getting as a revenue source of the 250, 000, so the actual cost is the 9.21, but we pay out 11.43 percent. Mr. Spring: Hold on. Let me make one correction. Commissioner -- Larry Spring, chief financial officer -- the statement thatl thought you made was that we are repricing -- we're fixing this at 11 percent. Was that the statement that you made? Commissioner Sarnoff I did originally. I misread my note -- Mr. Spring: Okay. Commissioner Sarnoff -- and I did. Yeah. Mr. Spring: That is not what we're doing. Commissioner Sarnoff Well, presently, I understand that we're paying 11.43 percent. Those are my calculations. Mr. Spring: That is correct, gross. Chair Sanchez: Bringing it down. Commissioner Sarnoff Right. And this will be brought down to a 6.54 percent rate. Mr. Spring: Correct. Commissioner Sarnoff With a $2.6 million transaction fee -- Mr. Spring: Correct. Commissioner Sarnoff -- termination fee -- Mr. Spring: Correct -- Commissioner Sarnoff -- and -- Mr. Spring: -- and issuance costs. Commissioner Sarnoff Right, the four hundred plus thousand dollars so somebody makes a good living off of us. I don't mean that disrespectfully. And that will give us a net savings of $2.5 million. Mr. Spring: Correct, based -- Commissioner Sarnoff Okay. City ofMiami Page 76 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Spring: -- on the current. Commissioner Sarnoff Thank you. Mr. Spring: Thank you. Chair Sanchez: You know, I'm still looking for a one -arm economist because every time that you put the heat on them and you ask them, they go, "well, on the other hand." Mr. Spring: We would -- if you would allow me, Mr. Chair. Based on some comments that you made during our briefing, what we would like to do -- and we did this when we -- before we entered in this swaption transaction, we did a work -- we did a swaption workshop -- I don't know if the Commissioners recall -- where we went through the deal parameters. I think it may be beneficial that maybe on a quarterly or ongoing basis we do workshops. Chair Sanchez: Let me just -- because in the briefing that we had, I think that -- there's one responsibility that we have here is the fiscal responsibility that we have, especially with such a complex methodology, which I don't quite understand because I'm not an investor, I'm not a banker, but the ultimate responsibility and the burden falls on us when you're talking about millions of dollars being invest, millions of taxpayers' dollars being invest. So through all this discussion, I wasn't very happy, and I wanted to meet with Ed, who met this morning with me at the office, because I wasn't very comfortable with this. His clear explanation -- and some of the concerns that I had was -- I thought, 11 percent? But no, it's bringing it down from 11 percent to 6 percent, so there's a significant savings. But here's the point that I want to make and I think that I made it very clear to you. We, as the legislative body here in this Commission, you know, hire bond counsel and we hire disclosure counsel. We need to meet with those counsels at least, if it's not quarterly, it's maybe twice a year, to have a maybe two-hour meeting with them to educate us on the issues and give us a progress of where we're heading with our investments because at the end of the day -- I mean, our staff does a good job frying to explain it to us, but when you're talking about $40 million investment, that's a lot of money, so therefore, to add a comfort zone there, I think it's important that we do meet. As a matter of fact, we're paying them for that. They need -- Mr. Spring: Absolutely. Chair Sanchez: -- to sit down with each Commissioner and explain to them exactly where we're at and what changes are being made and what's happening with other municipalities because the one thing that I asked when it was all clear to me, well, how many other municipalities are following the same path that we're taking? And it -- most of them. Not all of them, but most of them. So I think it's important that we do have that opportunity, and of course, feel comfortable sitting down and getting educated on the legality not only of the issue, but also on the financial aspect of it. Mr. Spring: Then I suggest then that we have that workshop between now and December because the City is anticipating issuing probably somewhere around 200 -- Chair Sanchez: Right. Mr. Spring: -- $250 million in the next several months. Chair Sanchez: So therefore, the Chair will be working with the City Manager to fry to -- Mr. Spring: Okay. Chair Sanchez: -- come up a time feasible when the Commissioners are available to have this City ofMiami Page 77 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 workshop. I know there's a number that we could probably call, but I'm not talking to a machine and I'm not certainly talking to anybody. I want a workshop. Mr. Spring: Absolutely. Chair Sanchez: All right. Mr. Spring: All right. Chair Sanchez: Thank you. Mr. Hernandez: Commissioner -- Commissioner Sarnoff Let me -- Mr. Hernandez: -- we'll be glad to schedule it between now and the end of the year. Commissioner Sarnoff -- ask anyone in this room a question, and I'm talking to the accounting numbers guys. How many of you have seen the movie I.O. U. S.A? I'm going to ask that question before the next budget hearing. IfI don't see everybody's hand go up, I'm going to defer it. It's playing at CocoWalk. It's something that everybody in this room -- everybody here is part of government in one manner or another, whether you're making money on government, whether you sit up here as a Commissioner and you try to understand to the best of your ability whether it's a one-armed or two -armed accountant, everybody should see the movie I.O. U.S.A. It's being played at CocoWalk. It is a description of how we run government and it tells you what we're doing right and it tells you what we're doing wrong. And if this nonpartisan movie is correct, apparently there's a great deal going wrong. And it's not a complicated movie for anyone to understand. I think the accountants will laugh and think it's too easy, but for some of the elected officials, I strongly urge all of us to start taking a long, hard look at everything we do. And again, it's being played at CocoWalk. I went to it last night. I made a promise to a number of people I would see it before I voted on budget. I'm going to ask for a show of hands come the second vote on budget. If don't see everybody's hands go up, I'm going to move to defer it. Mr. Hernandez: Commissioner, I'll coordinate the appropriate field frip so I can take -- so I have all my accounting folks. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: That's one way to promote business in CocoWalk -- Commissioner Sarnoff There you go. Chair Sanchez: -- Coconut Grove. Commissioner -- Commissioner Sarnoff I was just proselytizing. Chair Sanchez: -- way to go. All right, folks. Ready to vote on the issue? Hold on. I'm a little - - okay, this is a resolution. We are voting on RE.8. We have -- we got a motion and a second. We've discussed the item, very intellectual discussion on the item. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 78 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.9 08-00982 Department of Capital Improvements Program Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5/0. RE.8 has been approved, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE "VENETIAN CAUSEWAY IMPROVEMENTS PROJECT, B-39911," TO ALLOW FUNDS FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN THE AMOUNT OF $1,000,000, FOR SAID PROJECT, TO BE APPROPRIATED BY A SEPARATE RESOLUTION OF THE CITY COMMISSION. 08-00982 Legislation.pdf 08-00982 Exhibit.pdf 08-00982 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0506 Chair Sanchez: Let's go to RE.9. We're going to try to work maybe till 12:15, try to get some of these noncontroversial items -- Commissioner Sarnoff Move R -- Chair Sanchez: -- out of the way. Commissioner Gonzalez: You move it? Commissioner Sarnoff Move RE.9. Commissioner Gonzalez: Second, RE.9. Chair Sanchez: The press conference is at 12:30. Commissioner Gonzalez: At 12:30. Chair Sanchez: Yeah, okay. All right. RE.9, there's been a -- Commissioner Gonzalez: You have a motion on RE.9 and you have a second. Chair Sanchez: All right. There's been a motion by Commissioner Sarnoff second by Commissioner Gonzalez on RE.9. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE.9 has been approved -- Commissioner Sarnoff Move RE.10. City ofMiami Page 79 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: -- 5 -- Ola O. Aluko (Director, Capital Improvement Program): Commissioner, can you put RE.9 on the record? Commissioner Gonzalez: Second. Chair Sanchez: -- 0. "[Later...]" Unidentified Speaker: That's RE.9. Mr. Aluko: RE.9, Commissioner. Ola Aluko, director of Capital Improvements, City of Miami. RE.9 is a resolution accepting funds and entering -- authorizing the City Manager to execute a local agency program agreement with the Venetian Causeway improvements. These funds are in a total of $1 million from the Florida Department of Transportation. Chair Sanchez: All right. Mr. Aluko: Thank you. Chair Sanchez: It's a matching fund, one million of -- Commissioner Gonzalez: That was back on -- Chair Sanchez: FDOT (Florida Department of Transportation). Commissioner Gonzalez: -- RE.9, right? Mr. Aluko: This is back -- Pamela E. Burns (Assistant City Clerk): That -- Mr. Aluko: -- the actual project, right -- Chair Sanchez: Yeah. Mr. Aluko: -- was accepted in 1999. Chair Sanchez: All right. We already voted on this item. Ms. Burns: That's correct. Mr. Aluko: That's correct. Chair Sanchez: The item we voted on, which RE.9. RE.10 08-00983 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID General Services RECEIVED AUGUST 4, 2008, PURSUANT TO INVITATION FOR BIDS NO. Administration 75155, FROM ORACLE ELEVATOR COMPANY, FOR THE PROVISION OF ELEVATOR MODERNIZATION, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN AMOUNT NOT TO EXCEED $1,056,600; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL City ofMiami Page 80 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 SERVICES ADMINISTRATION, ACCOUNT CODE NO. 31000.241000.670000.0000.00000. 08-00983 Legislation.pdf 08-00983 Summary Form.pdf 08-00983 Award Recommendation.pdf 08-00983 Tabulation.pdf 08-00983 IFB.pdf 08-00983 Addendums.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0507 Chair Sanchez: We go to RE.10. Commissioner Gonzalez: Second RE.10. Chair Sanchez: All right. But listen, we need to put something on the record. Come on. Commissioner Gonzalez: We're going to fix elevators. Chair Sanchez: No, no, no. We need to -- we're going to fix overdue repairs to elevators. "[Later...]" Chair Sanchez: Okay, RE.10. RE.10 is also yours. Commissioner Sarnoff Elevators. Chair Sanchez: No. I'm sorry. Elevators. Just put something on the record. We're going to fix elevators. Commissioner Gonzalez: Elevators, elevators. Chair Sanchez: You know, people out there seeing us on TV (Television) could just -- Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. The item before you is an item that it is to modernize the MRC (Miami Riverside Center) elevators, so we're recommending the award to Oracle Elevator Company in the amount of $1, 056, 600. Thank you. Chair Sanchez: All right. We know those elevators are in shambles. All right. There's a motion. Commissioner Gonzalez: And a second. Chair Sanchez: Motion is made by Commissioner Gonzalez, second by -- Commissioner Gonzalez: No. Commissioner Sarnoff. Commissioner Sarnoff I'm the elevator man. Chair Sanchez: All right, look, whatever makes you guys happy. Motion is made by City ofMiami Page 81 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.11 08-00984 Department of Capital Improvements Program Commissioner Sarnoff, second by Commissioner Gonzalez. Commissioner Gonzalez: Right. Chair Sanchez: Any further discussion on resolution RE.10? No discussion on the elevators being repaired. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." You know what, I was seeing a lot of the people over at the MRC lose some weight. They were getting in shape. They were looking good. All right. Pedro G. Hernandez (City Manager): That's part of the health program. Chair Sanchez: Yeah. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 23, 2008, PURSUANT TO INVITATION FOR BIDS NO. 07-08-016, FROM G.C. CHASE CONSTRUCTION MANAGEMENT, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "GSA FLEET TRUCK WASH UPGRADE, B-74205A," IN AN AMOUNT NOT TO EXCEED $1,018,000, FOR THE SCOPE OF WORK, PLUS AN ADDITIONAL $101,800, OWNER CONTINGENCY, FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF $1,119,800; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-74205A. 08-00984 Legislation.pdf 08-00984 exhibit.pdf 08-00984 Exhibit 2.pdf 08-00984 Summary Form.pdf 08-00984 Bid List.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0508 Chair Sanchez: RE.11. It's also a resolution that comes to us from Department of Capital Improvement Program. Commissioner Gonzalez: Move RE.11. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion and a second. Sir, could you put something on the record. City ofMiami Page 82 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ola O. Aluko (Director, Capital Improvements Program): For the record, this is accepting the lowest responsible and responsive bid to build the GSA (General Services Administration) truck wash upgrade. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Any further discussion on RE.11 ? Commissioner Regalado: I have a question. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. How much is the matching fund and where is it coming from? Kelly Barket: Kelly Barket, director of GSA. The funding is coming from impact fees and it's leveraged by FEIVIA (Federal Emergency Management Agency). FEMA's giving us approximately 360,000 toward the project. Commissioner Regalado: FEIvIA is giving 360,000 and we are -- Barket: Approximately. Commissioner Regalado: -- taking 800,000 or --? Yeah. How much from the impact fee? Eight hundred -- Barket: Approximately 640,000 -- Commissioner Regalado: Six hundred and forty thousand. Mr. Barket: -- to resolve -- Commissioner Regalado: Do we have now one in operation, but it was damaged by Wilma? Mr. Barket: That's correct, Wilma and Katrina. Commissioner Regalado: So -- Mr. Barket: That's the result of the FEIvIA money giving -- Commissioner Regalado: Right. Mr. Barket: -- as a result. Commissioner Regalado: But now to me it's more complicated because Wilma was in October 2005. Mr. Barket: Right. Commissioner Regalado: It was damaged at that time, and did we kept [sic] using it or did -- we didn't use it? City ofMiami Page 83 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.12 08-00844 Department of Capital Improvements Program Mr. Barket: No. We're still using it. That's part of the problem. It's not functional to accommodate what we're frying to do with it, and the new sfructure will help us expand the truck wash to give us bigger equipment to go through it as well as vehicles, so this will give us a better operational need that we need, as well as a automated system versus what we didn't have before, which was manual. Commissioner Regalado: So we're still using it and -- Mr. Barket: Yes, sir. Commissioner Regalado: -- you need a million to build a new one or to fix this one? Mr. Barket: No. It's a combination of both. The metal sfructure will be demolished and torn down because that's what was destroyed by the hurricane. We're going to try to utilize the block structure that's currently there and expand it from there. Commissioner Regalado: How long ago did we get the money from FEIvL4 ? Mr. Barket: That took a process -- it was '05, but we requested it shortly after (UNINTELLIGIBLE) the '06 period, and we requested it immediately through them. And with the second hurricane, took a process through FEMA to grant it, and they subsequently granted it to us last year. Commissioner Regalado: And that's the problem. If you saw the news today, you see that FEMA has -- is being audited as it is because of the -- some of the issues and some -- and their defense is that, you know, we don't get the claims from government. It takes years and years and years. I think we have a problem. You know, we are -- today we enter the peak of the hurricane season. There are two areas in front ofAfrica that could be a problem for us and we just have dodged a lot of bullets here, butt still don't understand why it takes so long to file the claims from FEMA. I mean, why we had been like almost four years, three years now with a defective truck wash in GSA. That, I don't understand. Mr. Barket: Okay. I can answer that. We filed it immediately shortly after the hurricane season, which was in '05, and we made the filing with FEMA in '06. They came back to us and then consolidated the two claims, and they gave us the permission to go ahead and file it again and refile it, so it took some time on FEMA's part. There was no delay on our part. We filed it immediately when we could. The approval process did take time for it to process through. When it did, we accepted it and put the bidding process immediately into place. Commissioner Regalado: Okay. Thank you. Chair Sanchez: All right. No further discussion on RE.11. There's a motion and a second on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, RE.11 passes, 5/0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXPEND AN ADDITIONAL AMOUNT OF $500,000, FOR PLANNING AND FINANCIAL ANALYSIS SERVICES FOR THE REDEVELOPMENT OF THE ORANGE BOWL SITE, WITH JONES LANG LASALLE AMERICAS, INC. UNDER THE EXISTING PROFESSIONAL City ofMiami Page 84 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 SERVICES AGREEMENT; ALLOCATING FUNDS FROM EXISTING FUNDS UNDER THE AGREEMENT FOR SAID PROJECT AS STATED HEREIN. 08-00844 Legislation.pdf 08-00844 Summary Form.pdf 08-00844 Pre Legislation.pdf 08-00844 Amendment 1.pdf 08-00844 Exhibit A-1.pdf 08-00844 Exhibit B-1.pdf 08-00844 Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0474 Chair Sanchez: RE.12. Ola O. Aluko: RE.12. Ola Aluko, director of Capital Improvements, City ofMiami. RE.12 is a resolution authorizing the City Manager to expend an additional $500, 000 for services with Jones Lang LaSalle American [sic], Inc., for the redevelopment of the Orange Bowl site. Chair Sanchez: Okay. We need a motion. Commissioner Sarnoff Can I --? I'm going to do a motion for a deferral. I just want to -- I want to have a meeting with the City Manager one more time on this, unless you want -- Commissioner Gonzalez: Second the deferral. Commissioner Sarnoff -- to explain it in verbatim to me on the record here the value added by Jones -- Mr. Aluko: Lang. Commissioner Sarnoff -- Lang LaSalle? Pedro G. Hernandez (City Manager): Commissioner, let me see ifI can do it right here right now. In essence, Jones Lang LaSalle has been helping the City in the site planning of the new development at the Orange Bowl and the, I would say, financial plans associated with it. They have been working on the initial preliminary design of the parking garages. We need their assistance right now to be able to complete the work related to the garages so we can complete the Major Use Special application permit, which we're doing as a combined MUSP (Major Use Special Permit) application with the Marlins. The Marlins are responsible for the part of the stadium. We're responsible for the part of the garage. The Marlins are also taking under their control items, like the environmental and items like legal, but we need to be able to complete the work associated with the architectural work of the garage to have the elevations, to have the floor plans, et cetera, so we can complete a MUSP application. Commissioner Sarnoff But, Mr. Manager, Jones Lang LaSalle is not the architect, is not the engineer, correct? Mr. Hernandez: They have -- one of their subs is an architectural firm that has been working with us in providing the, let's say, early design, elevations, and so forth. But I believe that besides that consultant and also Haahs, which is a parking consultant, the rest of the planning, financial, development work is done by Jones Lang LaSalle. City ofMiami Page 85 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Sarnoff So -- and that's what I'm frying to understand, the actual work that they're doing versus the assembling of other people's work and putting it in a nice binder. Now that's a necessary product. I'm not saying that that is not. Somebody becomes the orchestra leader. I just don't know -- and this is what I'm asking the question, and I'm not doing it with any motive whatsoever. I just want to make sure for $500, 000 or 60,000 a month that we're getting $60, 000 worth of services. Mr. Hernandez: Okay. Now, the amount of money that we're talking about is for the entire team, but it's also for various components. The main component is the coordination -- is the MUSP. Then we also have coordination with the County and the Marlins. We have the agreement and documents that have to eventually go to the County Commission and to the City Commission, which are the operation agreement, the construction agreement, the -- Commissioner Sarnoff All right. Mr. Hernandez: -- management agreement -- Commissioner Sarnoff Stop right there. Mr. Hernandez: -- et cetera. Commissioner Sarnoff Are they drafting that agreement? Mr. Hernandez: No, but they are supporting us on an as -needed basis. But the point that I was getting at is that my plan is to issue individual work orders for the different components and only use what I need depending on what the requirements are. I know for a fact that the MUSP is probably the highest pressing priority that I have right now, and we must accelerate it as much as we can. Then there are other issues that my plan is to do separate work orders on an as -needed basis. Commissioner Sarnoff I'm not sure my question's answered, so let me talk to you because you seem to be talking about a MUSP and -- Chair Sanchez: Why don't we table the item till this afternoon? Commissioner Gonzalez: Let's table it for the afternoon. Chair Sanchez: Okay? Mr. Hernandez: Okay. Chair Sanchez: I think -- my advice to you is to sit down with the Commissioner -- Mr. Hernandez: I will. Chair Sanchez: -- and then we'll bring it back for a vote. We're going to table the item. It'll be brought back this afternoon. Commissioner Regalado: Mr. Chairman, before -- Commissioner Gonzalez: Yeah, but there was a motion to defer, so that that motion -- Chair Sanchez: No, no, no, no. City ofMiami Page 86 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Gonzalez: -- will have to be withdrawn -- Vice Chair Spence -Jones: Withdrawn. Commissioner Gonzalez: -- and then another motion made for tabling. Commissioner Sarnoff I'll withdraw it. Chair Sanchez: For the record, the motion has been withdrawn. Commissioner Gonzalez: I will second -- Chair Sanchez: Commissioner Regalado. The item has been tabled; we don't need a motion for that. Commissioner Regalado: Right. Just for the afternoon, it's -- in one of the lines of the Orange Bowl, it says project management services related to renovation of stadium, and that was paid in 2008, $3 million. Is that to Jones LaSalle or to other --? Mr. Hernandez: Jones Lang LaSalle was the consultant that the City was using and working with the University ofMiami on developing schemes for the restoration/renovation of the Orange Bowl. Commissioner Regalado: So we have already paid them -- just for the record so we understand because I don't understand this one -- we have paid them for the renovation $3 million. This payment that you're proposing is for the future. Have they participated in any way in the demolition? Mr. Hernandez: Yes, and probably Mr. Aluko can give you more details as to the level. Chair Sanchez: Listen, why don't we do something. This item has been tabled. Well bring it back this afternoon. We can spend an hour or two on the item, all right. Let's move on to the next item, all right? "[Later...]" Chair Sanchez: All right. RE.12. That's the Orange Bowl site. I think -- Mr. Hernandez: Mr. Chairman, I did speak and met with Commissioner Sarnoff, and I would like to maybe summarize for you and the other Commissioners the need that we have for this amendment to the Jones Lang LaSalle contract. As you recall, Jones Lang LaSalle was hired by the City to work on the renovation and restoration of the old Orange Bowl. As it became apparent towards the end of it that the Hurricanes were going over to Dolphin Stadium, we immediately began to work on the new option, which was to bring the baseball stadium to the Orange Bowl. Jones Lang LaSalle was, I would say, the perfect consultant because of their knowledge of the Orange Bowl site to work with the City in the site development for the new project. We're coming before you today to ask for an amendment of up to $500,000 of various components to allow us to proceed now that we have a federal ruling from the judge on the issue of paramount public purpose and we can proceed with the development of the baseball stadium at the Orange Bowl site. We need Jones Lang LaSalle to work with the team, the Marlins, in developing a combined Major Use Special Permit, a MUSP application, which must come through the City Commission as soon as possible. The City's responsible for the parking garages that provide 6,000 parking spaces, the siting, and the elevations, and the floor plans have to be developed; and Jones Lang LaSalle is working on that. Also, something that is extremely important is that they provide the necessary skills and staffing that the City doesn't have in order City ofMiami Page 87 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 to properly manage a project of this magnitude in the City ofMiami. We're looking at an overall project that exceeds 600 million, and I need them in order to be able to protect the interests of the City. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff Pete, their total amount right now would be approximately -- they've -- if I recall correctly, you had $200, 000 from a previous contract? Mr. Hernandez: Yes, we did. Yes. Commissioner Sarnoff And now this is for an additional $500, 000? Mr. Hernandez: Right. And it's basically in like four components, one of which is the Major Use Special Permit, and my plan in order to properly manage those funds is to issue independent work order authorizations for each one of the components, and I'm going to have Assistant City Manager Bill Anido be responsible for tracking those expenditures so we probably prudently manage those dollars. Commissioner Sarnoff You said there were four components? Mr. Hernandez: Right. We have the Major Use Special Permit and then we have the coordination with HOK, which is the signer for the Marlins. We have other aspects that don't have with me right now. Commissioner Sarnoff So there are two other -- Mr. Hernandez: We have the financial aspect. We have the agreements that we may need to actually have them review the agreements that we have to do with the Marlins and the County, and we may need their expertise in doing that to protect our interests. Commissioner Sarnoff In the Jones Lang LaSalle contract they are paying other subcontractors, correct? Mr. Hernandez: Right. They have a -- one of the subs, which is (UNINTELLIGIBLE), that in essence provides the architectural support for the elevations, the design of the parking structures. Commissioner Sarnoff So within the $500, 000 are architects, lawyers and -- Mr. Hernandez: Architects -- well, architects that provide the preliminary schematics for -- I said design before, but it's preliminary schematics for the design -- for the parking garages of the -- since we're doing a combined MUSP, the team is paying for the legal that will be done by Holland and Knight, and our share is basically the parking garages and bringing them into concert with the stadium. Commissioner Sarnoff IfI were to analogize this to a house from the City ofMiami standpoint, they are our contractor that will handle the plumbing, the electrical, everything? Mr. Hernandez: If you make that analogy, they will be the main general contractor responsible for the overall with supporting trades, like plumbers or electricians; that, in this case, will be the architect and a parking consultant. Commissioner Sarnoff And earlier I had identified I believe it was one, maybe two people who had seemed to have a very high rate of pay. City ofMiami Page 88 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Hernandez: When -- Commissioner Sarnoff What have you been able to do to reduce that? Mr. Hernandez: We went back and the -- and we negotiated with Mr. (UNINTELLIGIBLE) that is here personally, and we eliminated the top executive involvement in the project, which was an individual that his fully loaded rate was in essence of 400. The highest rate that we now have is below 300 and it's actually Mr. (UNINTELLIGIBLE), who is now the managing principal for the project. Commissioner Sarnoff Do you envision this $500, 000 to be the end or do you see more coming or you just don't know? Mr. Hernandez: At this point, I cannot give you a guarantee either way. I know it's sufficient for what we need to do at this point. Depending on how we proceed on the procurement of the parking garages, and if we decide to give them any additional involvement in the future, once the project gets underway, that's still to be determined. And we have other options at that time. Commissioner Sarnoff Are you satisfied in this economy with the recession that you've been able to negotiate the best possible contract for the City predicated on the fact that there's probably not as much work as there had been out there for the prior years? Mr. Hernandez: I think that the involvement and the rates that they're using right now are, I would say, proper for the project at this point in time, and I feel that the contract and the amendment to the contract is proper. Commissioner Sarnoff Okay. Thank you. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. Mr. Manager, would they be reporting in - - on the MUSP and the construction plans to the City or to the County? Mr. Hernandez: What it should be is to the City. Let's keep in mind that the MUSP is a City of Miami process, and the team, together with the City, will be developing a combined Major Use Special Permit application that will come before you -- will go through the City process and eventually come to you for approval. Commissioner Regalado: Right. Mr. Hernandez: Because even though the County's the one that is supposed to own the land on which the stadium will go, it's still a stadium within the City ofMiami jurisdiction, so it's under your control. Commissioner Regalado: Right. And I under -- I just wanted to understand who they were reporting to because -- does the County have anything to do with the planning -- I mean, the plans, the structure, the square feet of the stadium? Mr. Hernandez: Well, they do have a -- Commissioner Regalado: We decide that or the Marlins decide that? Mr. Hernandez: The County does have an involvement because, in essence, they are the ones that would be owning the stadium itself and they are the ones that would be concerned as to the City ofMiami Page 89 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 construction maybe more in the consfruction detail than we would be. We're more concerned with how the stadium development impacts the surrounding areas because everything else around the stadium is going to be controlled by the City, and we want to be sure that the remaining space is protected so we can maximize its use. Commissioner Regalado: No. And I'm saying this because you come from the County, and you sat there, and you have 13 persons that some of them will say I want to change this. It has to go this way. It has to go that way. And I want to change this. I need to change this. I mean, you've gone through that. Mr. Hernandez: Right. But in essence, in this case, the questions having to do with how the stadium looks and how it impacts the surrounding community are going to be discussed here because let's say the -- what is called the base of the stadium, which is what most people see when they're walking or driving in the vicinity, that's an aesthetic impact that will have to do with the surrounding neighborhood around the Orange Bowl, and that's our concern much more than the County. The County is more concerned with the, let's say, construction elements, the cost of the stadium overall. That's more of their concerns. Commissioner Regalado: And last question is how many open issues we still have with the County on the stadium deal? Mr. Hernandez: Well, in general, I would say four agreements that still have to be approved by the County Commission and then the City Commission. We have the consfruction agreement, the operation agreement, management agreement. All of those individual agreements that follow the baseball stadium agreement, which is what we have now, we have to go to the County Commission and then to you. Commissioner Regalado: So none of these agreements will in any way change or affect the work that they are doing? Mr. Hernandez: Well, I may need their expertise in order to look at the agreements to ensure that we are protected, especially on the -- let's say the operational agreement or the management agreement, that we closely look at it to ensure that the City's interests are protected, so when it comes before you, that I can assure you that this is a good agreement. Commissioner Regalado: Okay. Thank you, Mr. Chairman. Chair Sanchez: Anyone else on the issue? All right. Is there a motion? Commissioner Sarnoff I'll move it. Chair Sanchez: There's a motion by Commissioner Sarnoff. Commissioner Gonzalez: I'll second it. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Commissioner Gonzalez. Discussion on the item. Pete, I'm not even going to get into the issue because it's passed, and I think it's a step in the right direction. My greatest concern right now is the MUSP, and the whole purpose is to expedite this MUSP as we move forward to build the stadium, all right. We've been through challenges. It's been challenged in court. It's been won in court. I know it's going to be appealed in court, and that's fine, but this Administration needs to be assured that we move forward with this project. So where are we at with the MUSP, and what is your --? And I don't -- you know what our directive is going to be. I'm going to push you to get that MUSP done as quickly as possible. But I want City ofMiami Page 90 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 to know where you stand on the issue. Mr. Hernandez: Commissioner, I think it would be best for me to provide a report to all of you on it because I know that the team is doing a certain amount of work, we have started a certain amount of work. We sort of during the month ofAugust, didn't do anything else on our part, waiting for the judge's ruling. So I think it's best thatl contact the team and talk to Jones Lang LaSalle and then give you a written report as to where we are today and when do we expect to be before you. I don't want to guess tonight -- today. Chair Sanchez: All right. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, 5/0. RE.13 08-00807 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO ESTABLISH (1) THE FOLLOWING LIST FOR QUALIFIED BOND COUNSEL FIRMS: AKERMAN SENTERFITT, BRYANT MILLER OLIVE P.A., FOLEY AND LARDNER LLP, SQUIRE, SANDERS & DEMPSEY L.L.P.; AND (2) THE FOLLOWING LIST FOR QUALIFIED DISCLOSURE COUNSEL FIRMS: AKERMAN SENTERFITT, BRYANT MILLER OLIVE P.A., FOLEY AND LARDNER LLP, KNOXSEATON, SQUIRE, SANDERS & DEMPSEY L.L.P., FROM WHICH LISTS THE CITY ATTORNEY SHALL SELECT INDIVIDUAL FIRMS FROM TIME TO TIME TO REPRESENT THE CITY AS BOND COUNSEL AND AS DISCLOSURE COUNSEL. 08-00807 Legislation.pdf 08-00807 Memo.pdf 08-00807 Master Report.pdf 08-00807 Pre Legislation.pdf 08-00807 Memo 2.pdf 08-00807 RFQ.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0509 Chair Sanchez: All right. RE.13. That was done. No, RE.13 is when we go out for the counsel of bond disclosure. Okay. Commissioner Gonzalez: I'll move RE.13. Commissioner Sarnoff Second. Chair Sanchez: All right. Before we do that, we need someone from the Administration to put something on the record. Julie O. Bru (City Attorney): Mr. Chairman, this is actually one of my items. This is a resolution that we're bringing to you to establish a list of qualified bond counsel, both disclosure counsel and bond counsel. We engaged in a solicitation process. We received letters of interest and qualifications. We met with the Administration, and we've selected five firms, and the following City ofMiami Page 91 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 are the firms that we will put on a list, and they will be subject to a fee schedule that has been in place for quite some time now that follows the fee schedule that the County uses, and that's the firms ofAkerman and Senterfitt, Bryant Miller Olive, Foley Lardner, Squire Sanders Dempsey, and for disclosure counsel, Akerman Senterfitt, Miller Olive, Foley Lardner, Knoxseaton, Squire Sanders Dempsey. All these will be qualified and will be used from time to time on an as -need basis. Chair Sanchez: All right. Vice Chair Spence -Jones: Been a -- Chair Sanchez: Is there a motion? Vice Chair Spence -Jones: -- motion and a second, I think. Commissioner Sarnoff Yes. Motion and I think -- Vice Chair Spence -Jones: And a second. Commissioner Sarnoff -- Commissioner Gonzalez second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the item. Vice Chair Spence -Jones: Just -- Mr. Chairman, I just want to commend our City Attorney for doing an outstanding job with at least making sure that that list is diversified. Chair Sanchez: Okay. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The motion has been approved, 5/0. RE.14 08-01044 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD MODIFICATION TO LEASE AND DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC., FOR THE PURPOSE OF PERMITTING THE CONSTRUCTION OF ADDITIONAL CAPITAL IMPROVEMENTS, INCLUDING A THEME HOTEL AND RELATED RETAIL AND ENTERTAINMENT THAT IS ANCILLARY TO THE EXISTING DESTINATION VISITOR ATTRACTION ("ADDITIONAL CAPITAL IMPROVEMENTS"), PROVIDED THE SIZE, TYPE, STRUCTURE AND MARKETING, AMONG OTHER THINGS, IS OF SUCH A SCOPE, AS DETERMINED IN THE REASONABLE DISCRETION OF THE CITY OF MIAMI ("CITY"), TO BE ANCILLARY TO THE DESTINATION VISITOR ATTRACTION; ESTABLISHING PERCENTAGE RENT FOR THE ADDITIONAL CAPITAL IMPROVEMENTS AT AN AMOUNT EQUAL TO 1% OF GROSS REVENUE RECEIVED BY THE SUBTENANT OR, IF OPERATED BY OTHER THAN A SUBTENANT, THE OPERATOR OF THE ADDITIONAL IMPROVEMENTS; FURTHER MODIFYING THE FORMULA FOR CALCULATING THE CITY'S TRANSFER FEE, AND WITH SUCH City ofMiami Page 92 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 OTHER TERMS AND CONDITIONS AS MORE FULLY SET FORTH IN SAID MODIFICATION. 08-01044 Legislation.pdf 08-01044 Exhibit.pdf 08-01044 Exhibit 2.pdf 08-01044 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0492 Chair Sanchez: We're moving on to the public hearings, however it is not 10:30. I have been asked by the Administration to take one item out of order as a point of privilege to the Administration, and that is RE.14, which is the execute lease for the Parrot Jungle, so -- Pedro G. Hernandez (City Manager): Thank you, Mr. Chair. Chair Sanchez: -- we'll take that one and then we'll go directly to the public hearings, which have been properly advertised for 10:30. All right, Madam Director, you're recognized for the record on this item. Laura Billberry (Director): Lori Billberry, Public Facilities. This is a resolution authorizing an amendment to the Parrot Jungle lease to permit the construction of additional capital improvements, which could include a theme hotel and related retail entertainment provided that those improvements are ancillary to the destination attraction of the botanical garden, and that ancillary justification would have to come back before this Commission and would be reviewed as to its size, type, and scope to make sure that it is ancillary. The amendment further establishes percentage rent for the cap -- the additional improvements at an amount equal to one percent of the gross revenue received by the operator of the improvements, and it further modifies the formula for calculating the City's transfer fee. Approval of this amendment will allow Parrot Jungle to generate additional revenue streams and permit the project to remain viable and would also provide an opportunity for the City's 108 loan to be paid off earlier. We're recommending approval of this modification, subject to the board of trustees of the Internal Improvement Trust Fund also approving it. As you may recall, this property is subject to a deed restriction, and the State did previously authorize this lease with a waiver, so we would just want to ensure that this is -- remains in compliance with that waiver. Commissioner Gonzalez: Mr. Chairman, motion on RE.14. Chair Sanchez: Okay. Commissioner Sarnoff Second. Chair Sanchez: There's a motion and a second. Discussion on the item. Commissioner Sarnoff. Commissioner Sarnoff I'd just like Larry to step up for a moment. Larry, is this a good deal for the City ofMiami? Larry Spring: Larry Spring, chief financial officer. Commissioner, the simple answer to your question is yes. I think this Commission knows we've been taking proactive steps to make sure that all of the City assets are performing in their best and highest. We actually did a restructuring on the Parrot Jungle 108 loan already. We've been very -- working very closely City ofMiami Page 93 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 with Mr. Krongold and his company to make sure that the City is always -- is in the best position as we move forward, does not deteriorate the existing terms that we have in place, and also allows the City to make additional revenue. Commissioner Sarnoff By putting this amendment in place, is it more likely now that the City's $28 million loan would be paid off sooner? Mr. Spring: Yes. It puts us in a much better position to make that happen, and I don't -- Commissioner Sarnoff And that's your professional opinion as our accountant? Mr. Spring: That is my professional opinion as of today and with the information I have right now. Chair Sanchez: Discussion -- Commissioner Sarnoff Thank you. Chair Sanchez: -- on the item? Vice Chair. Vice Chair Spence -Jones: I just have one question, and this is really directed at Lori from -- our briefings we had yesterday, and I guess in our talks your whole viewpoint was on this was that no matter what, whatever the project is going to be, it's going to still come back in front of us anyway for us to approve. Ms. Billberry: Yes. The Commission -- Vice Chair Spence -Jones: So what we're approving today is not actually a project. I just want the public to know that. And whatever's going to be put there, then people will still have the opportunity to see and understand, and we'll have the opportunity to vote on that particular project. Ms. Billberry: Right. The agreement -- the actual project, its size and scale will come back to the Commission so it can be a determined that it is truly ancillary to the garden. Vice Chair Spence -Jones: Okay. Chair Sanchez: Any further discussion on this? All right. I -- this Parrot Jungle has a lot of history. This goes back many, many years. As a matter of fact, it goes prior to me getting here. I think it's important for us to realize that the 108 loan is not with Parrot Jungle. It is with the City ofMiami. And any time you deal with a 108 loan, if you don't pay it back, you're in trouble, okay? There -- the last thing we want to do is get ourselves in a difficult position, which we're in right now. I think this will allow us to get out of that deal, assist Parrot Jungle to accomplish what they want to accomplish because they're on the part of this City, but they -- it's a very complicated issue. Now, the one question that I have is under deed restriction of the land. That has to go to Tallahassee. Ms. Billberry: Correct. We currently have a waiver in place that we would seek from the DEP, which monitors these waivers on behalf of the trustees. Whether or not it would have to go back before the trustees or the existing waiver really is -- it's -- this amendment is in compliance with that waiver. Chair Sanchez: And whatever happens in that lease, once it's approved in Tallahassee, whatever goes there, it has to go back to the City for permits and go through the whole process? City ofMiami Page 94 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 RE.15 08-01045 District 2- Commissioner Marc David Sarnoff Ms. Billberry: That's correct. It still will have to go through all our zoning process and building permits. Chair Sanchez: So I think the question that Commissioner Sarnoff asked is -- the question that I'm going to ask in a different form, which is have we detrimented [sic] our current standing, which I don't think we have? Ms. Billberry: No, we have not. Chair Sanchez: Okay. I think that's important to put on the record because of the past history that we have been involved with this. I think it's a partnership between Parrot Jungle, and this is a deal that if it works, gives us an opportunity to pay it off as quickly as possible and get -- cut the umbilical cord of something that may be isn't in the best interest of all of us, but we certainly want Parrot Jungle to succeed. It is a part of our city. And as downtown continues to grow, it is certainly going to be a tourist destination and that's what we're shooting for. So no further discussion on the item. There's been a motion and a second. It is an ordinance -- Ms. Billberry: Resolution. Pamela E. Burns (Assistant City Clerk): Resolution. Chair Sanchez: I'm sorry. It is a resolution. Being a resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Resolution has been approved, 5/0. Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING "AMENDMENT 2," FLORIDA'S MARRIAGE PROTECTION AMENDMENT," A CONSTITUTIONAL AMENDMENT BANNING SAME -SEX MARRIAGE, CIVIL UNIONS, AND DOMESTIC PARTNER BENEFITS; WHICH WILL BE CONSIDERED BY FLORIDA VOTERS ON THE NOVEMBER 4, 2008 ELECTIONS BALLOT. 08-01045 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Chair Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez R-08-0510 Chair Sanchez: We're going to go ahead and take a recess, but before -- Vice Chair Spence -Jones: You don't want to take R --? Chair Sanchez: No. Before -- which one you want to take up? Commissioner Gonzalez: Going to take RE.15? Vice Chair Spence -Jones: RE.15, the last one on the -- Commissioner Gonzalez: That's the last item. City ofMiami Page 95 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: Same -sex marriage. Chair Sanchez: Oh, I -- oh, yes. I apologize. RE.15. Yes, RE.15. We'll take that one up. Commissioner Sarnoff, that's your resolution. Commissioner Sarnoff Thank you, Mr. Chair. There is going to be a Constitutional amendment this next election on November 4. I hope that you could join with me and cities ofMiami Beach and other cities throughout Florida in passing a resolution condemning -- well, recommending that people do not pass Amendment Number 2, which would ban same -sex marriage, civil unions and domestic partnerships. This amendment could have many unintended consequences, and it may have some unintended consequences simply to heterosexuals, as well as to others, and I don't think it's a well thought out amendment. I know it just barely made it on the November ballot. I think, if we're truly going to be a diverse society, if we're going to fruly be a diverse city that you don't need a Constitutional amendment telling you anything with regard to marriage. I think that's something that could be set by a non -constitutional basis, and I think it will allow communities to develop and encourage development and in many diverse ways throughout Florida. And if some cities choose to be diverse, that's their choice, and if some cities choose not to be diverse, that equally is their choice, as is the County's as well. So I'd ask you to join with me in passing a resolution opposing Amendment Number 2 for the November 4 ballot. Chair Sanchez: I would pass the gavel and second the motion. Vice Chair Spence -Jones: We have a motion and a second on that item. All in favor? Chair Sanchez: Discussion. I think -- Vice Chair Spence -Jones: Discussion. Chair Sanchez: -- Commissioner Regalado wants to -- Commissioner Regalado: I think that main point is what Commissioner Sarnoff says. This has a lot of unintended consequences. It would disrupt thousands of homes that now are being supported by just couples that -- because of the -- and look at the elderly retired population. If they were to get married, the social security check will be less than what they get separate. So many people have chosen to meet and live, but throughout the years those people have the right to sign a paper in a hospital, which is probably the most important thing that you would do on a relationship, you know, to decide what's the future and -- so -- to me it's redundant because the Florida Constitution says marriage is (UNINTELLIGIBLE). It's (UNINTELLIGIBLE). So I just think that it's wrong because people have not been briefed, people have not been informed and told about this amendment, so I will be supporting Commissioner Sarnoff motion. Vice Chair Spence -Jones: Thank you, Commissioner Regalado. You have a comment? Chair Sanchez: Yes. IfI can -- Vice Chair Spence -Jones: Yes. You're recognized. Chair Sanchez: I looked at the language, and the language clearly intends to ban much more than same -sex marriage. Clearly, you know, you'll be discriminating. I mean, you'll be banning more than just same -sex marriage. You'll be banning civil union, domestic partnership. Really, the language in itself that is being put forth, it's something that as a community as diversified as ours, we need to stand behind it and make sure that this does not go through because overall, I don't think it's good legislation, period. That's why I took the liberty to pass the gavel and partner up with Commissioner Sarnoff on this and support this legislation. City ofMiami Page 96 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: Thank you, Commissioner Sanchez. Commissioner -- do you have a comment? Commissioner Gonzalez: No. Vice Chair Spence -Jones: Okay. Roll call. Pamela E. Burns (Assistant City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner -- Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Burns: Commissioner Gonzalez? Commissioner Gonzalez: No. Ms. Burns: And Chair Sanchez? Chair Sanchez: Yes. Ms. Burns: This resolution has passed on a vote of 4/1. Chair Sanchez: All right. So let's go ahead -- that takes care of the resolutions. We'll come back -- we'll go to recess. We'll come back and take up the board appointments, the blue pages, the pocket items. I think we should be done by then. If not, we'll take on into the budget hearing at 5:05. For the record, just want to state that -- Madam Clerk, you'll work with me during the recess as to the items. RE.5 -- no. RE (Resolution) -- yes, RE.5, RE.6, RE.12 have been tabled to this afternoon. Ms. Burns: That's correct. Chair Sanchez: Make sure those items are put in front of the agenda so we could take them up when we come back, and then we'll just follow through with the order of the day. So as it stands right now, the City ofMiami Commission stands in recess. Ms. Burns: Until what time? Chair Sanchez: We'll be back at -- Commissioner Gonzalez: 3 o'clock? Chair Sanchez: Three o'clock is fine with me. Three o'clock. City ofMiami Page 97 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 BC.1 08-00907 Office of the City Clerk BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENTS OF CERTAIN INDIVIDUALS AS MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Oscar Rodriguez (term expiring 8/31/12) Danet Linares (term expiring 8/31/12) Dr. Rolando Montoya (term expiring 8/31/12) Hank Klein (term expiring 8/31/12) Alan Ojeda (term expiring 8/31/10) 08-00907 memo 9-11-08.pdf 08-00907 members 9-11-08.pdf 08-00907-DDA Resolution.pdf NOMINATED BY: DDA Board of Directors DDA Board of Directors DDA Board of Directors DDA Board of Directors DDA Board of Directors Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0515 Chair Sanchez: All right. Takes care of that. Okay, where do we go now, to board appointments? Pamela E. Burns (Assistant City Clerk): Yes, those are next. Chair Sanchez: All right. Let's do board appointments. All right. Let's go ahead and start with BC.1. That's the DDA (Downtown Development Authority), and I will pass the gavel to the Vice Chair and move the five names that have been proffered by the nominating committee of the DDA. Commissioner Sarnoff Second. Vice Chair Spence -Jones: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Ms. Burns: Excuse me. The names for the record are Oscar Rodriguez, Danet Linares, Dr. City ofMiami Page 98 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Rolando Montoya, Hank Klein, and Alan Ojeda. Chair Sanchez: Thank you. BC.2 08-00949 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Oscar Baisman Chair Joe Sanchez Eli Feinberg Commissioner Angel Gonzalez Angel Gonzalez Commissioner Angel Gonzalez 08-00949 memo 9-11-08.pdf 08-00949 members 9-11-08.pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0523 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving the term limits of Section 2-885(b) by a unanimous five/fifths (5/5ths) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Miami Sports & Exhibition Authority. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Commissioner Angel Gonzalez as a member of the Miami Sports and Exhibiton Authority. A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Oscar Baisman as a member of the Miami Sports and Exhibition Authority. Chair Sanchez: All right. We move on to BC. 2. BC.2 is the Miami Sports and Exhibition Authority. All right. Who wants to go first? Commissioner Gonzalez: I don't care; I'll go first. I'll reappoint Eli Feinberg and submit my name for approval. Chair Sanchez: Does he have to submit --? He doesn't have to submit his name for approval, does he? Pamela E. Burns (Assistant City Clerk): Commissioner Gonzalez has two appointments. Eli Feinberg is the current -- Commissioner Gonzalez: And myself. City ofMiami Page 99 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ms. Burns: -- member, who requires also a five fifths term waiver, and then Commissioner Gonzalez is also a current member ofMSEA (Miami Sports and Exhibition Authority) so he's resubmitting -- Chair Sanchez: Okay. Ms. Burns: -- his name for consideration. Chair Sanchez: All right. So -- but let -- he doesn't need a four fifth waiver? All right. Ms. Burns: No. Chair Sanchez: So let's go ahead and get -- let's get the fifth -- five fifth waivers done separately. In that way there's no confusion. So let's do his appointment, which is Fein -- Eli -- Commissioner Gonzalez: Eli Feinberg, with all the waivers. Chair Sanchez: All right, with all the waivers. Commissioner Regalado: Second. Chair Sanchez: There's a motion and second. The motion is made by Commissioner Gonzalez, second by Commissioner Regalado, and no discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It's been approved with all waivers. Now, there's a motion to appoint Commissioner Gonzalez. There's a second. Commissioner Regalado: Second. Chair Sanchez: The motion has been made by the Vice Chair and made -- second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Who's next? Who's got an appointment? Ms. Burns: Mr. Chair, excuse me. It may be simpler if we get all the motions at one time for the same item and then take one vote. Chair Sanchez: Okay. You're the boss. All right, so I'm -- Vice Chair? Vice Chair Spence -Jones: I just said I'm going to defer all (INAUDIBLE). Chair Sanchez: She's going to defer. Okay. I will make the motion to reappoint Oscar Baisman. Commissioner Gonzalez: Second. Chair Sanchez: He doesn't need any waivers. Ms. Burns: No. That's correct. City ofMiami Page 100 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: All right. I made the motion. Vice Chair, just call the question on the vote. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Item passes. BC.3 08-00932 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Roy Hardemon (alternate) Harry Gottlieb (alternate) 08-00932 memo 9-11-08.pdf 08-00932 members 9-11-08.pdf NOMINATED BY: Commission -at -Large 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 R-08-0514 Chair Sanchez: Okay. We move on to BC.3. Commissioner Sarnoff I'd like to make a motion -- Vice Chair Spence -Jones: Yes. Mr. Chairman, I'd like to -- Chair Sanchez: You're going to make a motion? Vice Chair Spence -Jones: Yeah. I'd like to make a motion for Mr. Roy Hardemon for the Code Enforcement Board. We have two selections, right? Commissioner Sarnoff I'd like to make a motion for Harry Emilio Gottlieb. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Actually -- Pamela E. Burns (Assistant City Clerk): I'm sorry; can you repeat that name, please? Commissioner Sarnoff Harry Emilio Gottlieb. City ofMiami Page 101 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Regalado: Second. Commissioner Sarnoff So there'd be two people. Commissioner Regalado: There are two. You had -- Vice Chair Spence -Jones: I need a -- I have a motion for -- Commissioner Sarnoff Roy Hardemon. Vice Chair Spence -Jones: -- Roy Hardemon. Commissioner Sarnoff Right. Vice Chair Spence -Jones: So -- do --I need a second, right? Commissioner Sarnoff Oh, sorry. I'll second. Vice Chair Spence -Jones: Okay. Oh, all in favor? Commissioner Regalado: No, no. So your -- you have one alternate and he has one alternate, so there is a motion and a second for the -- Commissioner Gonzalez: For both alternates. Commissioner Regalado: -- two alternate. I'm sorry? Commissioner Gonzalez: For both alternates. Commissioner Regalado: For both of them. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Spence -Jones: Thank you, Commissioner Regalado. Commissioner Regalado: I got to Chair for ten seconds. BC.4 08-00906 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: (Architect/Architect Historian) 08-00906 memo 10-16-08.pdf 08-00906 members 10-16-08.pdf 08-00906-Applications.pdf 08-00906-Applications.pdf Chair Joe Sanchez City ofMiami Page 102 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 CONTINUED Vice Chair Spence -Jones: Okay. We'd like to -- Commissioner Sarnoff It's a monumental thing. Vice Chair Spence -Jones: -- move on to BC.4, which is the Historic Environmental Preservation Board. Does anybody have any appointments on this, Madam Clerk? Commissioner Gonzalez: I think -- Pamela E. Burns (Assistant City Clerk): Chair Sanchez has one appointment. Vice Chair Spence -Jones: Okay, let's come back to him. Is he the only one? Ms. Burns: That's correct. Vice Chair Spence -Jones: Okay. He's not here, so we'll just take his back up again when he comes. "[Later...]" Vice Chair Spence -Jones: Okay. And, Mr. Chairman, we need to go back to 4, 5 and 6 because, basically, those are your appointments. Chair Sanchez: I have to apologize; Scotty's wasn't very favorable today at lunchtime. Four? Vice Chair Spence -Jones: Yes. Chair Sanchez: Okay. Four for me. I will defer on that one. Vice Chair Spence -Jones: Okay. Chair Sanchez: Does anybody have an appointment? Vice Chair Spence -Jones: We already did all of ours. Chair Sanchez: Oh, y'all did yours? Okay. BC.5 08-00904 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Hugo P. Arza Chair Joe Sanchez 08-00904 memo 9-11-08.pdf 08-00904 members 9-11-08.pdf City ofMiami Page 103 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones BC.6 08-00901 Office of the City Clerk R-08-0516 Vice Chair Spence -Jones: Okay. BC.5, Homeland Defense/Neighborhood Improvement Bond Program. Who has the appointments on that one? Commissioner Gonzalez: I do have an appointment, but I am going to defer. Vice Chair Spence -Jones: Okay, Commissioner Gonzalez deferring. Is there anyone else? Ms. Burns: Chair Sanchez has one appointment and the Mayor has five appointments, and I have not received any appointments from the Mayor. Vice Chair Spence -Jones: Okay. So we'll wait till Chairman Sanchez comes back for his. "[Later...]" Chair Sanchez: Number 5, BC.5, which is the Homeland Defense/Neighborhood Improvement Bond. I will proffer for reappointment of Hugo Arza -- Commissioner Gonzalez: Second. Chair Sanchez: -- Jr. All right. There's a motion by Commission Gonzalez -- Commissioner Gonzalez: Second. Chair Sanchez: -- need a second. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Sarnoff. Discussion on the item. Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Louis Marshall III International Association of Firefighters City ofMiami Page 104 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00901 memo 9-11-08.pdf 08-00901 members 9-11-08.pdf 08-00901-Submittal-Letter-Miami Association of Fire Fighters.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-08-0517 Vice Chair Spence -Jones: And we'll move on to BC.6, and that is Equal Opportunity Advisory Board. Does anybody have any appointments on that? Commissioner Sarnoff I'll defer mine. Vice Chair Spence -Jones: Okay, Commissioner Sarnoff deferring. Anyone else? Commissioner Regalado: Deferring mine, too. Vice Chair Spence -Jones: Regalado deferring also. Commissioner Gonzalez: I will reappoint Miriam Urra. Vice Chair Spence -Jones: Okay. Can you --? Commissioner Sarnoff Second. Pamela E. Burns (Assistant City Clerk): I'm sorry. Miriam Urra was appointed at the last meeting, so you still have a vacancy. Commissioner Gonzalez: I still have a vacancy? Ms. Burns: Yes, you do. Commissioner Gonzalez: All right. I'm going to -- So I have two appointments? Ms. Burns: You have one appointment, but you appointed Ms. Urra to another vacancy at the last meeting, resulting in another vacancy. Commissioner Gonzalez: Oh, to another board, you mean? Ms. Burns: No. To the same board. You had reappointed her in July, so you still have one vacancy. Commissioner Gonzalez: All right. I'm going to defer that appointment then. Vice Chair Spence -Jones: Okay, so Commissioner Gonzalez is deferring. So I think we had a -- Ms. Burns: And Chair Sanchez has two appointments. Vice Chair Spence -Jones: We'll come back to him when he comes. Fine time for him to leave, huh? BC. 7, Arts and Entertainment. I -- is there anyone -- anyone has any -- Ms. Burns: Before -- City ofMiami Page 105 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: -- appointments on --? Ms. Burns: -- we move on from the EEO [sic] Board, I wanted to bring to your attention that we had just received a letter from the Miami Association of Firefighters and they wish to appoint Louis Marshall III as their representative to the EEO [sic]. This is -- Commissioner Sarnoff So moved. Ms. Burns: -- something that was just received. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Had a motion, had a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. That item passes. "[Later...]" Chair Sanchez: BC.6. I will defer that. BC.7 08-00900 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: Marvin Weeks Vice Chair Spence -Jones Antonio Llano Montes Commissioner Tomas Regalado 08-00900 memo 9-11-08.pdf 08-00900 members 9-11-08.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0522 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Antonio Llano Montes as a member of the Arts and Entertainment Council. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Marvin Weeks as a member of the Arts and Entertainment Council. Vice Chair Spence -Jones: BC.7, Arts and Entertainment. Does anybody have any appointees? Commissioner Regalado: I do. City ofMiami Page 106 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: Okay. Commissioner Regalado, you're recognized. Commissioner Regalado: Antonio Llano Montes. Commissioner Sarnoff Second. Vice Chair Spence -Jones: Had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: That item passes. Any other --? Any -- Pamela E. Burns (Assistant City Clerk): Okay. Vice Chair Spence -Jones, you have one appointment. Vice Chair Spence -Jones: Yes. I'd like to reappoint Mr. Marvin Weeks. Chair Sanchez: Where are we at? Commissioner Sarnoff We're on 7, BC.7. Chair Sanchez: BC.7? Commissioner Sarnoff We passed you for a couple. Chair Sanchez: All right, BC.7. BC.7 is Equal Opportunity Advisory Board. Vice Chair Spence -Jones: No. It's Arts and Entertainment. Commissioner Sarnoff Arts and Entertainment. Ms. Burns: Arts and Entertainment. Chair Sanchez: I apologize. Yes, it is. Okay. Proffered any names? Vice Chair Spence -Jones: Marvin Weeks. I need a -- I have -- I need a -- I got a sec -- I need a second. Chair Sanchez: Okay. There's -- Commissioner Gonzalez: Second. Chair Sanchez: Okay. There's a motion made. Does she need waivers? Ms. Burns: Not for Mr. Weeks, no. Chair Sanchez: Okay. Motion is made by the Vice Chair, second by Commissioner Gonzalez for appointment at the Arts and Entertainment Council. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. City ofMiami Page 107 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ms. Burns: And for the record, we did not receive any nominations for appointment by the Mayor. BC.8 08-00899 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: Wendy Kamilar Chair Joe Sanchez Stuart Sorg Commissioner Angel Gonzalez 08-00899 memo 9-11-08.pdf 08-00899 members 9-11-08.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0519 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Wendy Kamilar and Stuart Sorg as members of the Waterfront Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission as it relates to Stuart Sorg as a member of the Waterfront Advisory Board. Chair Sanchez: BC.8, which I have an appointment. I would like to reappoint Wendy Kamilar. Commissioner Sarnoff Wendy Kamilar? Chair Sanchez: I would -- yeah. I would like to reappoint her. Commissioner Sarnoff Second. Commissioner Gonzalez: I will move Stuart Sorg with the waivers. Chair Sanchez: Okay. Commissioner Sarnoff Second. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Marc Sarnoff -- Commissioner Sarnoff. Discussion on the item. I know how sensitive you are about that. All right. Commissioner Gonzalez: Commissioner Regalado has one. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 108 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Pamela E. Burns (Assistant City Clerk): That is with a five fifths term waiver for Mr. Sorg, is that correct? Chair Sanchez: Yes. Commissioner Gonzalez: That's correct. Ms. Burns: And then also Commissioner Regalado has an appointment. Chair Sanchez: Okay. On what item? Ms. Burns: On BC.8. Chair Sanchez: All right. Commissioner -- Commissioner Regalado: I'll defer that one. Chair Sanchez: -- Regalado. He defers. BC.9 08-00868 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chair Joe Sanchez 08-00868 memo 10-16-08.pdf 08-00868 members 10-16-08.pdf CONTINUED Chair Sanchez: Where are we at? Did we do all of the --? Vice Chair Spence -Jones: Yeah. You on BC.9 now. Chair Sanchez: Well, BC.9, I would defer. BC.10. Commissioner Sarnoff Defer. Julie O. Bru (City Attorney): Excuse me, Mr. Chairman. Chair Sanchez: That's -- I don't have anyone. Ms. Bru: On BC.9, it's the Parks and Recreation Advisory Board, and we're waiting for this appointment in order to bring the resolution on the billboards issue. Chair Sanchez: Well, I'm deferring my appointment. City ofMiami Page 109 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ms. Bru: Okay. Just wanted to make sure that -- Chair Sanchez: You're quite welcome. All right. Vice Chair Spence -Jones: So you're the hold up. BC.10 08-00474 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-00474 memo 10-16-08.pdf 08-00474 members 10-16-08.pdf NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff CONTINUED Chair Sanchez: All right. Ten, eleven. I mean, there's nothing on 10, right? Commissioner Sarnoff No. Chair Sanchez: All right. Eleven. Pamela E. Burns (Assistant City Clerk): I'm sorry; we're on BC.10? Commissioner Sarnoff has appointment. Commissioner Sarnoff No appointment. Chair Sanchez: No appointments? Okay. BC.11 08-00317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED City ofMiami Page 110 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 HEREIN. APPOINTEES: 08-00317 memo 10-16-08.pdf 08-00317 members 10-16-08.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Chair Sanchez: BC.11. Vice Chair Spence -Jones: I'm deferring my appointment on that. Chair Sanchez: I'm deferring mine. Commissioner Gonzalez? Commissioner Gonzalez: BC.11. Chair Sanchez: CTAD [sic], which is the Community Technology Advisory Board. Commissioner Gonzalez: I don't have any appointments on BC.11. Chair Sanchez: All right. Does anybody have any appointments on that, on BC.11? Pamela E. Burns (Assistant City Clerk): On BC.11, Mr. Chair, you have one appointment and Vice Chair Spence -Jones has one appointment. Chair Sanchez: I'm deferring. Listen, it's -- I don't know how it is for other Commissioners -- Vice Chair Spence -Jones: It's hard. Chair Sanchez: -- but I don't have people knocking down my doors to be a part of any of these boards in the City, and I'm very selective of who I put on the boards; so I'm not going to rush out there and just go out there and get people that are going to come once and not show up again, have they -- you know, as it happens in the past, and then those boards are calling my office complaining, well, your appointment never showed up to the meeting again. So, I mean, when we find people that are willing to serve and committed as to -- some of the people that do serve on our boards are very committed, but the ones that I'm having a problem getting people to -- I don't know. Maybe it's the -- they meet once every three months or once a month. And it just -- it's harder and harder for them. People are out there working two jobs to fry to catch up nowadays. BC.12 08-00315 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 111 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ignacio J. Abella Commissioner Angel Gonzalez Sharon S. Lassar, Ph.D. Commissioner Tomas Regalado 08-00315 memo 9-11-08.pdf 08-00315 members 9-11-08.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0520 Chair Sanchez: All right. BC.12. Vice Chair Spence -Jones: I'll defer mine, my appointment. Chair Sanchez: I will defer mine, too, and I'm -- Commissioner Gonzalez: I will -- Chair Sanchez: -- that's a CPA (Certified Public Accountant). Commissioner Gonzalez: -- reappoint Ignacio Abella with the necessary waivers, if there are any. Chair Sanchez: All right. Need a second. Commissioner Regalado: On BC.12 I will reappoint Dr. Sharon Lassar. Chair Sanchez: All right. Commissioner Sarnoff Second both appointments. Chair Sanchez: Okay, with waivers. I'll defer mine. Still looking for a good CPA. Pamela E. Burns (Assistant City Clerk): I'm sorry; I didn't hear a vote. I'm sorry. Chair Sanchez: You have a maker of the motion and a second with the deferral -- with the waivers. Ms. Burns: Correct. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That's been approved. BC.13 08-00898 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 112 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 APPOINTEE: NOMINATED BY: Vice Chair Michelle Spence -Jones 08-00898 memo 9-11-08.pdf 08-00898 members 9-11-08.pdf 08-00898-Applications.pdf CONTINUED Chair Sanchez: Thirteen, Planning Advisory Board. Pamela E. Burns (Assistant City Clerk): Vice Chair Spence -Jones, you have one appointment. Vice Chair Spence -Jones: Yes. He was actually verifying -- Koteles is verifying something with your staff real fast. Go -- am I the only one that has an appointment on that? Ms. Burns: Yes, you are. Vice Chair Spence -Jones: Okay. I'm going to just go ahead and defer, but I understand a application has to go in first. Is that how it's done? That's what I was just told by staff. Ms. Burns: Yes, that's correct. We place a notice in a newspaper; solicited applications for both the Planning Advisory Board and the Zoning Board. Vice Chair Spence -Jones: Okay. Ms. Burns: And there were three applicants received for the Planning Advisory Board. Vice Chair Spence -Jones: Okay. If you don't mind, can you just pass those to Koteles? Because we -- I never saw them. You can move on, Mr. Chairman, if you don't mind -- any other things and -- Chair Sanchez: All right. Vice Chair Spence -Jones: I won't hold you up. BC.14 08-00626 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ileana Hernandez -Acosta Chair Joe Sanchez Juvenal Pina Chair Joe Sanchez Lazaro J. Lopez Commissioner Angel Gonzalez City ofMiami Page 113 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 08-00626 memo 9-11-08.pdf 08-00626 members 9-11-08.pdf 08-00626-Applications.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0521 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Lazaro J. Lopez as a member of the Zoning Board. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ileana Hernandez Acosta and Juvenal Pina as members of the Zoning Board; further waiving the term limits of Section 2-885(b) by a unanimous five/fifths (5/5ths) vote of the members of the City Commission, as it relates to Ileana Hernandez Acosta and Juvenal Pina as members of the Zoning Board. Chair Sanchez: BC. 14, Zoning Board. Commissioner Gonzalez: I have a -- Pamela E. Burns (Assistant City Clerk): We have -- right -- two appointments by Commissioner Gonzalez and two by Chair Sanchez. Commissioner Gonzalez: I have one vacancy that I would like to fill with Lazaro Lopez -- Commissioner Sarnoff Second. Commissioner Gonzalez: -- (UNINTELLIGIBLE). Chair Sanchez: All right. Let me -- well, mine are going to need -- both of them are going to need five fifth waivers, and these are people that have been serving here for years and they show up to every meeting, so let's go -- Commissioner, do any of yours need any waivers? Commissioner Gonzalez: Huh? Chair Sanchez: Do any of your appointments need waivers? Commissioner Gonzalez: I -- pardon me? Chair Sanchez: Do any of your appointments need waivers? Commissioner Gonzalez: Waiver, no. Chair Sanchez: Okay. So let's -- Mr. Burns: No. Chair Sanchez: -- vote on those. The two names -- Commissioner Gonzalez: I do have a question. I need to make another appointment on the Zoning Board, butt want to switch members -- a member that I have on the Zoning Board to another board, butt have to meet with the person. IfI decide to do that, do we have to advertise again? City ofMiami Page 114 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ms. Burns: For the Zoning Board, we received six applications. Every appointment to the Zoning Board requires a notice in the newspaper and an application to be submitted. Commissioner Gonzalez: Okay. So -- but I don't have to appoint right now. I can appoint at the next meeting, right? Ms. Burns: If we readver -- if that individual was not one of the six applicants, we would have to readvertise. Commissioner Gonzalez: No. The person is one of the six applicants. Right? Ms. Burns: You can -- if the individual is one of the six applicants, you can appoint today or at the next -- when we schedule it for consideration at the next meeting. Commissioner Gonzalez: Okay. Very good. But we don't have to advertise again because he already apply? Ms. Burns: If he's one of the applicants -- Commissioner Gonzalez: Yes, he is. Ms. Burns: -- at this time, that's correct. Commissioner Gonzalez: Thank you. Chair Sanchez: All right. So we need a motion and a second for the name that he's proffered. We already have that? Ms. Burns: We have the name proffered of Lazaro Lopez with a motion and a second, but we don't have a vote. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. I have two appointments, and I would reappoint both, Juvenal Pena and Ileana Hernandez Acosta, and they require a five five -- fifth fifth vote -- waiver. Ms. Burns: That's correct. Chair Sanchez: Five fifth waiver. Ms. Burns: That's correct. Term waiver. Chair Sanchez: Okay. So I -- somebody can make a motion with the waivers for me? Vice Chair Spence -Jones: I move. Chair Sanchez: Okay. There's a motion with the -- Commissioner Regalado: Second. Chair Sanchez: -- fifth fifth waiver. The motion has been made by Vice Chair Spence -Jones, City ofMiami Page 115 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 second by Commissioner Regalado. Discussion on the item. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." All right. That takes care of that. BC.15 08-00930 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD. ELECTED MEMBERS: Brenda Dawson Cecilia Stewart Bettye Stillman Joyce L. Floyd Deana J. Jordan 08-00930 memo 9-11-08.pdf 08-00930 members 9-11-08.pdf 08-00930 certification.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0529 Chair Sanchez: Any other board appointments? Pamela E. Burns (Assistant City Clerk): We have BC.15 and BC.16. Vice Chair Spence -Jones: I have an appointment on that. Ms. Burns: Yes. Chair Sanchez: All right. BC.15, elections? Vice Chair Spence -Jones: Yes. Overtown. That's how -- Chair Sanchez: Oh. Vice Chair Spence -Jones: -- that's the ordinance; that's how it reads. Go 'head. Ms. Burns: Elections were conducted for the Overtown Advisory Board/Overtown Community City ofMiami Page 116 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Oversight Board and there were five elected members. There were three members elected outright, which were Brenda Dawson, Cecilia Stewart, and Bettye Stillman; and because there was a three-way tie for fourth place, following the drawing of lots to break the tie, the (UNINTELLIGIBLE) two elected members to the board are Joyce Floyd and Deana Jordan for a total of five. Chair Sanchez: So we are accepting the elections results; is that it? Ms. Burns: That's correct. Chair Sanchez: All right. There's a motion by the Vice Chair -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. No discussion on this item. It's accepting the results of the elections. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.16 08-00931 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Emanuel Washington Sr. Vice -Chair Michelle Spence -Jones Carla R. Penn Vice -Chair Michelle Spence -Jones Saliha Nelson Vice -Chair Michelle Spence -Jones Andrea Copeland Vice -Chair Michelle Spence -Jones Derek Cole Vice -Chair Michelle Spence -Jones Lanitra Gallimore Vice -Chair Michelle Spence -Jones (youth member) 08-00931 memo 9-11-08.pdf 08-00931 members 9-11-08.pdf 08-00931 applications 9-11-08.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-08-0524 City ofMiami Page 117 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: Yes. I'm going to appoint the Overtown Advisory Board members, and I'm appointing Emanuel Washington, Sr., Carla Penn, Saliha Nelson, Andrea Copeland, and Derek Coleman. My youth member on that board, her name is Lanitra Gallimore. Chair Sanchez: The motion has been proffered by the Vice Chair proffering the names that have been stated on the record. Is there a second? Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Regalado. Any discussion on the item? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And that takes care of board appointments. Pamela E. Burns (Assistant City Clerk): And for the record, the Mayor has one appointment to that board, but we did not receive a name for his appointment. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. City ofMiami Page 118 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 PART B Chair Sanchez: All right. Why don't we take up the -- PZ.1, and then we'll -- how does the Commission want to handle this? Do you want to do your items or do you want to do -- get the PZ (Planning & Zoning) out of the way? That was advertised and should have been considered be -- you know, any time before 10 a.m. Commissioner Gonzalez: We should do the PZ.1, right? Chair Sanchez: You want to do the districts? Commissioner Gonzalez: Yeah. Commissioner Sarnoff Yes. Chair Sanchez: All right. Let's go -- Vice Chair Spence -Jones: PZ -- Commissioner Gonzalez: No. I mean the -- Commissioner Sarnoff No, no. PZ -- Vice Chair Spence -Jones: -- 1. Commissioner Gonzalez: -- PZ.1. Let's follow the order of the agenda. Vice Chair Spence -Jones: We got to (UNINTELLIGIBLE) -- Chair Sanchez: Want to do PZ? Commissioner Sarnoff Yeah. Chair Sanchez: All right. PZ -- what we'll do now is we're going to be taking up the PZ item. Anyone who's here to speak on the PZ item needs to be sworn in and also register in with the City Clerk. So anyone speaking on PZ.1, please stand up and be sworn in by our City Clerk. Well, that's a first time ever. Oh, okay. All right. Pamela E. Burns (Assistant City Clerk): Okay. Chair Sanchez: Madam -- Ms. Burns: Please raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. PZ.1 03-0188ha RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL FILED BY PEDRO G. HERNANDEZ, ON BEHALF OF THE CITY OF MIAMI AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB"), WHICH DENIED A City ofMiami Page 119 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 CERTIFICATE OF APPROPRIATENESS FOR THE DEMOLITION OF THE EAST COAST FISHERIES BUILDING, LOCALLY DESIGNATED AS A HISTORIC LANDMARK, LOCATED AT APPROXIMATELY 40 SOUTHWEST NORTH RIVER DRIVE, MIAMI, FLORIDA. 03-0188ha Zoning Map.pdf 03-0188ha Aerial Map.pdf 03-0188ha Backup.PDF 03-0188ha Building Assessment Letter & Structural Condition Report.pdf 03-0188ha-Submittal-Structural Condition Assessment of East Coast Fisheries Building. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-08-0513 Chair Sanchez: All right. Let's take up PZ.1. Mariano Loret de Mola: All right. Loret de Mola, Code Enforcement director. This item is an appeal of the July 1, 2008 decision of the City ofMiami Historic and Environmental Preservation Board that deny their request for the certificate of appropriateness to the (UNINTELLIGIBLE) the East Coast Fisheries building located at 40 Southwest North River Drive. The Building and Code Enforcement Department have determined that the East Coast Fisheries building, while historically significant, have deteriorated to the point where it is now getting to be a public safety hazard. Today the building -- the structure of the building is unsafe, is unsecure. I consider it is a health hazard and a place for criminal activities is taking place right now. The request for demolish is made in an emergency measure in the name of the public safety. I got over here with me a report for the structure. We request -- that the City ofMiami requested to do an engineer report to see if the structure of the building was good or not. I got the report over here to be shared with the Commissioners with the pictures, and I also have a presentation that you can see the pictures of the condition of the building. Also on that package, you can see also the -- there is the ordinance 1106.1.2, unsafe, nonconforming sfructures. That's the ordinance that we are using over here for this case. As you can see on the sfructures and on the back of your -- on the back of that package, you can see the pictures. It's about 40 pictures that shows the condition of the building, the structure of the building -- and the condition and structure of the building and also inside and outside. And also this building, in the times right now that we are facing the hurricane season, this is a very dangerous building in the condition it is right now. I would like to also mention the amount overtime that is expended by the different departments in order to keep up with the building. From the point of your police time, Code Enforcement time, and the Building Department time. Commissioner Sarnoff I'm going to make a motion to grant the appeal. Vice Chair Spence -Jones: Second. Commissioner Sarnoff And ifI could be heard? Chair Sanchez: It's all yours. You're recognized. Commissioner Sarnoff Thank you, Mr. Chair. When I first came to City Hall, the first two buildings I asked our City Manager to look into to demolish, quite frankly, was the Lerner Building, and East Coast Fisheries. This building has been a problem for the City ofMiami for years, years, and years, and I think there are some folks that can go overboard with their desire City ofMiami Page 120 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 to maintain buildings and their history, and this building, I look at it and I try to appreciate it, but I just don't see the historic significance of this building, and -- other than it has a phallic symbol at the very top of it, there's nothing architecturally beautiful about this building. You know, this building has caused enough problems for this City, Code Enforcement, Police, and when we are starting to face limited resources, there's no purpose to allowing this building to remain fallow as it will for years and years to come because there's nothing we can do to force this building to be repaired or to be rebuilt or to build the exact same thing; and it's time -- every building has its time, and sometimes it's time for the building to go away, and I could not agree more with Code Enforcement, that it's time for this building to move on. I was the one that promoted and pushed our City Manager to do this. It is right on our river. It is an eyesore for everyone that goes up and down that river. It's actually a big joke when you go up and down the river because everybody goes, you know what building that is? It's just time, and I'm not going to belabor or berate -- I'm not going to speak much more on this, other than to say let's be cautious about what we declare historic, and for those that we do treasure, let's do everything we could do to fix them and let's do everything to promote them, but let's not dilute our desires and let's not dilute our resolve by going after buildings that just simply are not historic. There's no real history behind this building, other than the fact that they built right to the -- right up to the waterline, which they could not do today, but they did years and years ago, and you're going to devote a great many City resources because this owner is not going to rebuild this property. Chair Sanchez: All right. Vice Chair Spence -Jones. I think you're done with your presentation, fellows. Vice Chair Spence -Jones: Actually, this building happens to be within my district, and it definitely sits on the riverside. And not too far down on the riverside we're doing a major greenway project, and of course, this building does stick out. I did second this item, but I do -- I would like for Historic Preservation to at least put something on the record. I do agree that, you know, the building is definitely an unsafe structure in the City and, you know, I may not all the way agree that the building itself does not have any significance to Miami residents because I, even as a little kid, remember East Coast Fishery [sic], so it has a -- you know, I think it holds a place in the hearts of many Miamians here on the river. Unfortunately, if the building owner's not going to do anything to restore it to make it better, then, you know, I would not want to have a building like this sitting on the river where I'm already doing major -- a major greenway construction, so that would be my concern. I did, in my briefing on this issue -- because I was opposing it in the very beginning after my briefings over and over again on the issue, and then after understanding that there was an issue around -- a safety issue around it, then I kind of changed my mind, but my concern is even once you knock this down, there's nothing else you could build or put here, correct? Because you have -- you're going to have -- I don't know if Hector can answer to that also. You're going to have that I5 feet setback, which means there's nothing else I can put on there at all. So I don't know if Hector can speak to that, but if you can speak to the Historic Preservation side of it from that perspective because I would like the -- at least the residents to see why we made this decision today. Ellen Uguccioni (Preservation Officer, Planning): Yes, ma'am. Vice Chair Spence -Jones: And then I would like for Hector to also put on the record if this is true in fact, and if there are any remedies that would allow for us to still have the, you know -- Loret de Mola: You're talking about the setbacks, Commissioner? Vice Chair Spence -Jones: Yes. Mr. Loret de Mola: Let's let Zoning talk about that. Vice Chair Spence -Jones: Oh, okay. Zone -- is Zoning here? City ofMiami Page 121 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: Is Zoning here? You can speak until Zoning gets here. Ms. Uguccioni: Thank you. Good afternoon, Commissioners. My name is Ellen Uguccioni, preservation officer for the City. When this building was designated back in 2003, it was designated because it was important architecturally. It's a trapezoidal building, and I think more importantly, it was built in 1926. It was a part of the fishing industry, which was all over the river at that time, so it was really kind of the last remaining remnant of the fishing industry, and its appearance on the riverside anyway exhibits where the fish came in and so forth, so the board felt it had strong ties to the history of Miami and our industries. In this case, my staff recommendation was to allow the demolition because of the testimony and the evidence presented by the Building director and the Code Enforcement director, which was that it was an unsafe structure, and clearly, we cannot recommend something stay if there's a danger to life and safety. I do think that if we want to act more quickly on historic buildings that we would have to change our ordinance to some degree to have the ability to move quickly, and I think the vote of Historic and Environmental Preservation Board reflects the frustration with not being able to fix what happened with East Coast Fisheries. Vice Chair Spence -Jones: Okay. Thank you for your response, Kathleen [sic]. Ms. Uguccioni: Thank you. Vice Chair Spence -Jones: I thought it was important for you to put that on the record, your viewpoint. And Zoning. Lourdes Slazyk: Good afternoon. For the record, Lourdes Slazyk, Zoning administrator. With respect to setbacks, when a building is demolished, they don't retain the rights to -- vested rights to setbacks. What they would have to do to rebuild at their former setback in the case of the East Coast Fisheries building is probably get a variance for the setback, which, due to the narrowness of the property, when you apply setbacks from the water and setbacks from the street, they're left with an unreasonable, you know, amount of area to build, so they would qualify for variance under hardship because it's -- it denies reasonable use of their property, so they would have to obtain a variance and probably a waterfront charter modification from this Commission. That's one way to do it. The other way would be to do an ordinance for vested setbacks, but that does not exist in the Code today, so -- Vice Chair Spence -Jones: Is it true, though, Lourdes, that also you could -- I don't know if you would know -- preserve a certain amount of the front of the building -- I'm just asking the question -- that would eliminate that issue? Ms. Slazyk: No. I don't think it would. There's a percentage of the building which would have to be retained, and I don't think just the frontage would do it. Vice Chair Spence -Jones: Okay. That was the question. So I just wanted to make sure. And then just in closing, and I had this conversation with Mr. Manager regarding unsafe structures. And it's amazing how this project, you know, the ability to get this knocked down so quickly or how it's moving so quickly, is happening when I can tell you, at least ten unsafe structures in the heart of Overtown that I, myself have been walking through that definitely are unsafe and -- with children walking by left and right that I personally have called over and over and over and over and over again and still have not gotten any results, you know, from burnt -out houses, burnt -out buildings, so I just want to know, you know, even though those houses -- some of them are historic and some of them are not. I'm just wondering, you know, if I'm going to -- you know, once we see this happen, I'm sure this building will go down relatively quickly, if I'm going to City ofMiami Page 122 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 have the same support, and you have been helpful, Mariano. After it leaves you, that's, you know, a whole 'nother story. One in particular building that I've been asking for that we're doing all these rehabs in the heart of Overtown, it hasn't happened yet, and I called each one of y'all from the phone from the site saying what's going on with it. I just want to make sure that level of commitment's going to happen to see some of those unsafe structures in the heart of the neighborhoods happening. Pedro G. Hernandez (City Manager): Commissioner, I would say that, you know, Code Enforcement, assisted by Building and other City departments, have been quite successful over the last, I'd say, ten to twelve months in accomplishing demolitions, and we're going to move forward and look at those that are the biggest concerns in your district to address those -- that issue. We will. I just mentioned it to Mariano and he's going to be focused on it. Vice Chair Spence -Jones: Right. And Orlando, you know what house I'm talking about, right? The burnt out one for the last, what, five months I've been asking to have just knocked down. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: Yeah. IfI recall correctly, I think we had this same type of discussion about a month ago. Were you listening? Mr. Hernandez: I'm sorry, Commissioner. I was -- Commissioner Gonzalez: I was saying that ifI remember correctly, about a month ago or two months ago we had this same type of discussion in reference to abandoned and unsecure and unsafe properties not only in my district, but also in Commissioner Spence -Jones disfrict because it happen that what is today part of her disfrict used to be my disfrict, and it's in Allapattah, okay. And going out there at night with the police department precisely addressing the problem of unsafe, unsecure properties, which are a serious liability to the City ofMiami, because if all of you will go out there at night at 2 a.m. in the morning and you'll find teenagers, okay, smoking dope, doing a lot of other very, very dangerous things inside these properties, okay, and we are not taking care of business. And I wonder what will happen if one of these structures decides to collapse and kill anybody? It doesn't have to be a teenager. It doesn't have to be a little boy, a little girl; any human being, okay, because of the negligence of us of taking action on these type of issues and these type of problems. I saw, I believe it was three properties on Commissioner Spence -Jones office -- Vice Chair Spence -Jones: I got about 15, 20 of them -- Commissioner Gonzalez: -- disfrict. Vice Chair Spence -Jones: -- that I know y'all know about. Commissioner Gonzalez: I send an e-mail (electronic) and my office send an e-mail in reference to those property, and we copy the Commissioner on those properties. And Mr. Manager, I mean, there is a building right on 21 st Court, I think it's 3618 or 3621, 21 st Court, Northwest. That building is about to collapse. Now, if you take your own time and you go by this building at 6 o'clock in the afternoon, you will find between seven and twelve kids playing on this building's grounds, okay, and I've been talking about this building and God forbid that something tragic happens over there and some of these kids get killed because the neighbors have been complaining about it, I have been getting the complaints and passing the complaints on to the Administration, and I propose at the last meeting, let's do whatever it takes to solve this problem. Let's boarded up these buildings. Let's put a lien on the property -- on these properties and collect the money. Whenever people like want to get a loan or whenever people want to sell the property, but we need to take care of this. This is a serious concern and it is a serious situation. City ofMiami Page 123 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 And here we are a month and a half later and we're still talking about it, and Commissioners keep complaining about it, and I don't know. I mean, what does it take? What does it take to solve that problem? Mr. Loret de Mola: Commissioner. Vice Chair Spence -Jones: I know what it takes. It takes it being on the front of the Miami Herald. That's the only way I get my buildings knocked down. Mr. Loret de Mola: Commissioner -- Vice Chair Spence -Jones: That's how -- when we see it on the -- when we see an article -- the buildings that got knocked down -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: Let's be all -- let's be fair about it. The buildings that got knocked down in Overtown recently got knocked down because there was a horrible story written in the Overtown -- I mean, in the Miami Herald on Overtown and these unsafe structures and what's happening. That's the only way it got knocked down. Mr. Loret de Mola: Commissioner, we realize this is a problem, and it is a problem that we do have in the City. There is a lot of vacant and unsecure and unsafe sfructures in the City at the present time. I'm ready to bring and it's coming -- and I think I discuss it with every one of you - - a new ordinance that will take care of some of the problems and will give us more ability to deal with that, unsafe structures that are a public safety. The ordinance is ready. It will be presented on the 25th over here. During the past year the Manager put together a group, Building, us, and we went and we demolish about 15 properties of the priority properties that were identified by your districts, all right. We are on the second phase of this one. Remember, Commissioners, that it is very hard to get a demolition order. We have to present the case. We had to go through the whole system. We have to present the case to the demolition board in the County. Commissioner Gonzalez: Let me ask you this. Mr. Loret de Mola: Yes. Commissioner Gonzalez: Because I know that this -- you have to go through the County and everything that has to do with the County. I don't know why it's so difficult, but unfortunately, it's very difficult. Can we establish our own safe -- unsafe structure board that can certify the properties to be demolished? Hector, can you respond to that? Mr. Hernandez: My understanding, the answer is yes. No? Mr. Loret de Mola: The answer is yes, but I'm going to let the Building Department -- Commissioner Gonzalez: The answer -- you're saying yes and he's saying no. Hector Lima: Hector Lima, director of Building. This question came up many years ago in front of this Commission, and in order for us to create our own unsafe sfructures board, the County has to amend theirs allowing us to do that. It has happened. Actually, the County Building Department now has that, and we might be able to follow up on that and try to get it. Commissioner Gonzalez: Well, I suggest that we do that. If it's going to expedite the process and if it's going to help us solve the problem, let's follow up on it and let's start working on it. City ofMiami Page 124 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Vice Chair Spence -Jones: So, Hector, that is the reason -- that's been the hold-up for those properties that I've been asking about? Mr. Lima: The process -- Vice Chair Spence -Jones: Is -- the County -- Mr. Lima: -- takes approximately three to six months to go before the board because they meet every month, et cetera. We can expedite that process. The County has offered that they can meet just for us. The biggest problem that we face is that when we did demolish some properties, we were sued because supposedly we did not do everything correctly, and one of our major obstacles is actually, what do you call it, notifying the last owner of record, and that takes a while. We do have assistance from the police. Police officers are out there frying to serve these people so that we can go ahead and demolish it. At times, when the property has been beyond what we think should remain, we've made an administrative decision, and we've gone ahead without that and we've demolished it. But, you know, to be safe, our City Attorney has to sign off on it, and it's obvious that because of the previous lawsuits that we had that we should be careful in how we proceed with, you know, the taking of those properties. Vice Chair Spence -Jones: Well, thank you for putting that on the record because we don't want to bash your department if there's reasons why -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: -- there's delays, and I think it was important for the citizens to know, you know, that we're not just tearing down one property easily and then this particular one -- I mean, things that we want to see happen in our neighborhood is not, but there's a lot of other extra steps that you guys are taking, but because of past lawsuits and those kind of issues that has created a problem. Is that what you're saying? Mr. Lima: That's correct. We take approximately to the board itself 120 cases, but we deal with over 300 every year. Vice Chair Spence -Jones: Okay. Mr. Lima: Some of them come into compliance before that. Vice Chair Spence -Jones: Thank you. Commissioner Gonzalez: Well, let me tell you, we have to continue putting an effort into solving the situation, you know, the situation of the abandoned and unsecured properties. I'm going to tell you. Last week alone, in Grapeland Height [sic], four families abandoned their properties because they couldn't pay the mortgage, and they just took off. They took the oven, the refrigerator, they took the -- all the appliances that they could take with them, and they took the furniture and abandoned the properties. I'm telling you this today, and you will hear from me in 15 days, I promise you, that will get back to you telling you, Mr. Manager, we need to secure this property because we already have people living inside these properties, and homeless and, you know, drugs, and the whole nine yards. Remember that told you today, in 15 days you will hear from me. Because one of these houses -- as a matter of fact, Igo by every single day, you know, and this is going to continue to happen. With the situation that we have with people not being able to pay mortgages and foreclosures and bank repos and all that, it's going to get worse so we better prepare for that because, you know, it's going to become a crisis. I've been telling you for the last three or four months. City ofMiami Page 125 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Loret de Mola: Commissioner, and that's the ordinance that we are bringing over here that we've been working on that, Legal Department, NET (Neighborhood Enhancement Team), Building, and there's a neighborhood association also that help us to develop this ordinance, and also with the input with every Commissioner because I've been trying to get the input from every one of you to see what the problems and how we can approach this problem that is -- you're right, we do have it. Chair Sanchez: All right. Any other -- Commissioner Gonzalez: All right. Chair Sanchez: -- any further discussion on this item? Commissioner Regalado: Chair. Commissioner Gonzalez: Yeah. I'm done. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you. I totally agree on this case, and I will support the appeal; and I think that we do need that ordinance, butl do think that we do need to listen to Commissioner Gonzalez and fry to establish our own unsafe structure because we're discussing here today East Coast Fisheries, which is an eyesore, it's in the river, it's high visibility, but there are new properties that are abandoned. Two days ago the Bleau, in Coral Way and 32nd Avenue, was taken to the Code Enforcement Board with one, two, three, four, five, six Code enforcement violations, and it was given 45 days to comply on one -- and 14 days, and the reason that it was done before the Code Enforcement Board is because about 25 residents of 22nd Terrace, from 29th to 32ndAvenue had been living in fear because all the construction materials and debris and the hurricanes -- and Mariano knows about that, Teresita knows about that. I have been there like with the neighbors several times, and if only we have gotten 50 miles per hour winds, those debris and construction materials would have flown everywhere, destroying houses and cars, and I can tell you that went through that with Wilma. The building in construction in LeJeune Road and 2nd Sfreet Northwest during Wilma was, I guess, secure, but Wilma was too much. Three homes were destroyed. The roof and seven cars were destroyed on Northwest 3rd, between 42nd and 43rd, and we were there litigating with the attorneys for month and month and month, and people from the City Attorney were there, and finally, the people (UNINTELLIGIBLE), but most of these people are leaving a paper frail and if something, God willing, doesn't happen, happens, the City will be liable, too, because they have been warning the City that this materials are going to fly; and I'm telling you, we are liable because we have in our district four situations with construction that had been abandoned; one in 21st Sfreet and 29; this one, the Bleau, another one in Coral Way, and another one on 64. So I'm -- I just think that we could -- we should be proactive, and the Building Department should have more tools to go out there and cite them, close them, do whatever they need to do because this is a public safety issue. This is life and death. If those beams that are hanging on the Bleau are sent flying to 22nd Terrace, you will have people killed, and this is something that we have to face. I mean, after November 30, we can all be happy until next June, but this is the peak of the season. I mean, we have two tropical waves in Cape (UNINTELLIGIBLE) right now and we have been skirting storms, but I'm telling you that there is something that we should do quick. Thank you, Mr. Chairman. Chair Sanchez: All right. I'm going to go back to the river. I look at this as us losing an opportunity to save a piece of history, but do tend to agree with the evidence that have been proffered here that the property has gotten to a position now where really it's an unsafe structure, it's abandoned, and really, it is -- it's a threat to anyone that could be either sleeping in there or trespassing in the property, and really, I think it's draining our resources with all the City ofMiami Page 126 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 complaints that we're getting. I think we need to have better tools in place to assure that these properties don't get to those conditions because if they get to those conditions -- and focusing on the river -- if you drive around the river, this is not the only property that looks like this. There are other properties along the river that look just like this, okay. And for the owners, it makes more business sense, when they're cited by Code Enforcement -- and I'm not throwing rocks at anybody here because they are cited -- to allow those properties to deteriorate and continue to get the fines because they have an avenue to take that usually is rewarding when they come in front of Code Enforcement, where they -- and East Coast Fishery [sic] is a perfect example. What was their total fine? I want you to listen. Mr. Loret de Mola: The fine on the original, it was $155, 000. Chair Sanchez: No, no, no, no, no. What was the total fines in fines for that property that, you know -- it basically stacked up. What was it? Mr. Loret de Mola: East Coast Fisheries, right? Chair Sanchez: Yeah. Mr. Loret de Mola: Hundred and fifty-five thousand dollars. Chair Sanchez: A hundred and fifty-five thousand dollars. And they came in front of Code Enforcement, and how much did they pay? Mr. Loret de Mola: Two thousand and five hundred. Chair Sanchez: So, ifI have a business along the river and my business is abandoned and ifyou force me to tear down my business, I end up losing the rights that I have along the river as to the setbacks for the bay -- the river walk and stuff. It makes business sense to take that avenue. One is, we should not allow any of these buildings -- and this is a perfect example. The building -- I agree with my colleagues and I agree with your presentation -- it's to a point where -- I mean, it just isn't worth saving, but if we were to have the proper tools in place to assure that that building was very well taken care of and we could preserve it, it's a win -win situation for everybody on the historic side of it and our city, but it's past that line where it's the point of no returning back. But getting back to the river, several properties along the river -- and I'm going to be working with the Administration, and I'm going to be working with the Department to look at those properties and see if we could somehow work something out so we could get them torn down. Look, it's much easier if they agree to tear down the property. Do you agree with me or not? Mr. Hernandez: Yes. Chair Sanchez: All right. We could take the process and go to the County, and there's appeals, and by the time you're down to knock down that property, you're looking at years. Mr. Hernandez: They may do it voluntarily. Chair Sanchez: If you sit down with them and you diplomatically come to a reasonable compromise, all those properties that are truly an eyesore and destroying the quality of life along that river can easily go away. And I have an old saying. I'd rather kill the bear with honey than shoot it. I can shoot it, but I'd rather kill it with honey. So this is a perfect example of things that we could do along the river to clean it up, and possibly maybe save a piece of property to assure the next generation that comes along the frue history of the river and Miami in itself. City ofMiami Page 127 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Mr. Loret de Mola: Commissioner, we've been working as instructed by the Manager in the river, and right now you're right, we have identified quite a bit of properties that are in the states that you say, and we are working right now on the present time with those properties, okay. Chair Sanchez: Well, my office is working with Orlando Toledo's office to put together language and sit down with the Administration and the property owners to see if we could come to an agreement of some type where we could get those properties to be demolished, clean those lots up, secure them, and not only do you -- you're going to get rid of an eyesore of a building, but people driving and walking and enjoying the river along the river are going to see the river. Mr. Loret de Mola: I would prefer that Toledo use the honey and I use a gun. Chair Sanchez: Hey, I don't care who uses the honey and I don't care who uses the gun; just get it done. It even rhymed. All right, so this is -- Commissioner Sarnoff I think these guys are campaigning up here. Guns. I don't know who that's for. Chair Sanchez: No, no, no, no, no. Resolution. It's a resolution, PZ.1. No further discussion. Anyone from the public wishing to address this item? I don't think so because nobody was sworn in except one and you're not going to speak on the item? Okay. It's a resolution, PZ.1. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.1 was approved, 4/0, with the absence of Commissioner Gonzalez. Ms. Burns: And this is to grant the appeal? Chair Sanchez: Yes. Pamela E. Burns (Assistant City Clerk): And to reverse the decision of the HEP (Historic and Environmental Preservation) Board? Chair Sanchez: Yes. Ms. Burns: Thank you. City ofMiami Page 128 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ DISTRICT 1 COMMISSIONER ANGEL GONZALEZ DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-01018 DISCUSSION ITEM COMMISSIONERS TO DISCUSS THE ONE BROADWAY SIGN ISSUE IN PARTICULAR AND POSSIBLE AMENDMENTS TO THE CITY SIGN CODE IN GENERAL. THE ONE BROADWAY SIGNS ARE LOCATED AT 1451 S. MIAMI AVENUE, MIAMI. MUCH PUBLIC FEEDBACK HAS BEEN RECEIVED. DISCUSSION ABOUT POSSIBLE SOLUTIONS TO THE ONE BROADWAY ISSUE AND POSSIBLE AMENDMENTS TO THE CITY SIGN CODE WILL RESULT. 08-01018 Email.pdf 08-01 018-E-mail-Commissioner Marc Sarnoff.pdf DISCUSSED Chair Sanchez: All right. Commissioner Sarnoff you're recognized for your discussion item. Commissioner Sarnoff Thank you, Mr. Chairman. This matter pertains to signage and signs being placed on the buildings -- and not so much small signs. I'm talking about signs that are up on 30, 40 stories high. And I've asked the City to change our sign ordinance. Orlando, could you come up? It appears that the City does not require, under Article 16, Section 1501.1, for Class II Permits to be noticed to any of the neighbors and/or neighborhoods and/or NETs (Neighborhood Enhancement Teams) -- or I might be wrong on the NET. Am I correct on that? Orlando Toledo (Senior Director, Building, Planning & Zoning): You're correct. It's Article 15, not 16. Commissioner Sarnoff Article 15? Mr. Toledo: Yes. Commissioner Sarnoff Okay. And the correction in that would be to allow for signs to be at least advertised, correct? Mr. Toledo: Yes. Commissioner Sarnoff Can you draft language or have you drafted language that would allow for that? Mr. Toledo: We have drafted language. The only questions I had for you were -- actually, two. City ofMiami Page 129 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 One, the thousand feet notice is one. We've always -- all Class Its are only 500 feet. One of the reasons why we've always kept it at 500 feet is because of the cost of the actual mail -out. That's one. Second -- and something that we had discussed -- is is this going to be for buildings taller than 50 feet, or are we looking at every single sign in the City because then --? Commissioner Sarnoff No, no. I think you're right on that. I'm not looking to hurt mom and pop. I'm looking for people who are -- I'm not sure it's size or height that maybe -- Mr. Toledo: Height. Commissioner Sarnoff -- we need to look at. Height? Anything above -- you said how many stories? Mr. Toledo: Anything 50 feet, which is -- Commissioner Sarnoff Right. Mr. Toledo: -- I'd say, four stories, five stories. Commissioner Sarnoff Right, 'cause I don't think that will affect mom-and-pop shops. Mr. Toledo: You're right. Commissioner Sarnoff But I do think, when you get up to that height, it would be wise to put it to a thousand feet. The reason is that this can affect large swaths of the City, and I know that there is a certain segment of the citizenry that are looking for a larger ability or a greater swath of people to have rights to at least appeal, and I certainly support that. The second issue I'd like you to look into is Major Use Special Permits. It seems to me that if Commissioners -- and oftentimes, it seems like most of the special permits, Major Use Special Permits, especially for the large buildings, tend to be in District 2, and I know there are a great many good-looking pictures and everybody likes to look at the pictures. I think it should be required that if you're potentially going to put a sign up, that you put the size of the sign you intend to put up, use words like "Sample," "Exemplar," whatever it is that you or Ana determine to be the right word so that we could look at exactly where that sign is. I think the point and the purpose of a Major Use Special Permit is to put people on notice, especially Commissioners and their constituents, as to what a building's going to look like. For it to be a Major Use Special Permit, it's going to be a tall building. It's going to have a great deal of parking. I think the legislation needs to be that in the event you're going to put signage on a MUSP (Major Use Special Permit) building, that that building must have, as part of its photographic display, the actual sign that's going to be exemplar or sampled on the actual photograph itself. Mr. Toledo: We've already left you a draft. Commissioner Sarnoff Okay. Mr. Toledo: It would -- I mean, we will place it in the next PAB (Planning Advisory Board) that we have a chance to put it in. Commissioner Sarnoff All right. And the last thing I'd like to ask the City Manager to do is to put on for the next Commission or the next PZ (Planning & Zoning) Commission -- I don't know if it needs to be PZ -- a request by me to put before this Commission to allow the actual sign that was put up, which is One Broadway, to go before the Planning Board -- I'm sorry, the Zoning Board. And if I'm not mistaken, Mr. Manager, that would come under -- it would be under Section -- Zoning Code 2109, and it would be to the Zoning Board. And that would allow this Commission to decide whether, in fact, that particular permitted sign on One Broadway would City ofMiami Page 130 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 be properly before -- has followed all proper procedure and has some vesting of rights. Chair Sanchez: All right. I just have a question on this. Orlando, was their permit given in error? Mr. Toledo: No. You got to remember that the way the ordinance reads as we speak, there is no notice. They come in for a Class II; there is no notice. Planning looked at it; Zoning looked at it, and we went ahead and issued it. Chair Sanchez: And ifI may ask, is this the only sign in that area that's causing a problem? I mean, there's plenty of signs in that area, Aon, Mellon, Mandarin whatever. I mean, there's plenty of signs in that area there -- buildings that have signs. Are we going to bring all those buildings in front of this Commission? Commissioner Sarnoff Well, I'm going to bring this -- I'm asking to bring this sign before the Commission to see if it followed proper procedure. Chair Sanchez: And why not bring all those signs in front of this Commission? Commissioner Sarnoff Well, this happens to be on a residential building and those signs happen not to be on residential buildings. Those are all commercial buildings. And this happens to face two sides and is illuminated on the east and the west side. Vice Chair Spence -Jones: Is there a picture of the -- is there a picture of that one? Adrienne Pardo: No. I have a -- Vice Chair Spence -Jones: He said he does. Ms. Pardo: I have a copy of the plan. Pamela E. Burns (Assistant City Clerk): I'm sorry. I need your name for the record, please. Ms. Pardo: My name is Adrienne Pardo, with law offices at Greenberg Traurig, 1221 Brickell Avenue, and I represent Mr. Alan Ojeda and this particular building. IfI could also mention, there isn't a provision that allows the Commissioner -- the Code doesn't allow the Commissioner, I don't believe, to be able to request the Commission to put this sign on the Zoning Board agenda to rescind it. He doesn't have the authority. It's -- the Code refers to the Planning director, and it's my understanding the Planning Department has determined that the sign was issued correctly, so there are no grounds to rescind the sign under Section 2109.1, which I believe -- Commissioner, was that the section you cited? I'm sorry. I was -- Commissioner Sarnoff I cited it -- Ms. Pardo: -- walking up here. Commissioner Sarnoff -- it says that the -- delegates to the Zoning Board and to the City Commission to the authority to rescind, modify, or change a Class II Special Permit -- 2109.1 -- after the expiration of the 15-day appeal period based upon noncompliance with a condition for approval or based upon an error in the initial issuance of the permit. I'm merely asking that this be brought back to the City Commission not to vote on it today, but to have that vote. Pedro G. Hernandez (City Manager): Commissioner, I did -- I'm sorry. Commissioner Regalado: A question. Madam City Attorney, in order to do this, this Board has City ofMiami Page 131 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 to vote. Julie O. Bru (City Attorney): I think how we should handle this is that Commissioner Sarnoff is making a request for an inquiry -- Commissioner Sarnoff Right. Ms. Bru: -- and I think first of all there has to be an inquiry, whether or not there's been any violation of the Code. Obviously, your department is telling you that there was no error in the issuance of this permit, that this sign was permitted in according -- in accordance with our Code provisions. To the extent that you want us to investigate whether or not it's in violation of any other provision, that can be done, and if there is a Code violation, it needs to be handled as such. Chair Sanchez: And I could understand that. I mean, if there was a violation -- if there was a mistake and we want to look at a mistake in the issuance of the permit, that's -- Ms. Bru: But that -- Commissioner Sanchez: -- fine. We could -- Ms. Bru: -- question has been answered already. There was no mistake. The permit was issued in accordance with the provisions of the Code. It was a Class II, and it was issued in accordance with the criteria granted under our Zoning Code to the Administrator. If there's any other allegation of violation of the Code, then we can -- you know, you can direct an investigation, and that would be handled in whatever proper forum it needs to be handled. But - Vice Chair Spence -Jones: I just have a question for Orlando. Commissioner Regalado: Can I -- Vice Chair Spence -Jones: Oh, I'm sorry. Commissioner Regalado: -- just finish? So can you find out if we can just bring any building? Because the people in Silver Bluff are complaining about the lights on the buildings on the top of one residential condo unit there. Ms. Bru: If there's a complaint about some activity or some condition in the City, complaints are handled through Code Enforcement. And if the activity or the condition rises to the level of a violation, they get handled through the proper mechanism of Code Enforcement, not by inquiry of the Zoning Board. Vice Chair Spence -Jones: Mr. Chairman, I just had a question, and Ms. Pardo, maybe you can answer it, or maybe even the district Commissioner. Was there a complaint that caused this? Ms. Pardo: Yes. There's been -- Vice Chair Spence -Jones: Maybe that's -- Ms. Pardo: -- it started with one individual who was complaining about Mr. Ojeda's sign on the east side, the light in his building. The Planning director called Mr. Ojeda about eight months ago and he voluntarily turned off the light on that sign. So that side -- that light was turned off. However, he has kept going. City ofMiami Page 132 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: Well -- I'm sorry. Ms. Pardo: He keeps continuing with this, and it's causing my client a lot of time, money spent into this. That particular individual has pursued it with the Planning Department and through Commissioner Sarnoffs office. Nothing has been found that there are any grounds to rescind this sign. Mr. Ojeda has to, though, keep continuing -- Chair Sanchez: Counsel, let -- Ms. Pardo: Yes. Chair Sanchez: -- me just ask you a question. You said that the light has been turned off. When did they turn it off? Ms. Pardo: He turned it off about seven months ago. Chair Sanchez: So what's the problem? Ms. Pardo: And we even offered -- we even went to -- we volunteered -- they wanted a community meeting. He volunteered -- he put up this sign in 2006. It's been there since he got the approvals. We went to a community meeting. He did not have to go to a community meeting, take the time to go. We went; we spoke to the neighbors. We listened to the neighbors. We told them that he would voluntarily put a condition in his Class II to turn off that light. The neighbors' attorney asked me to put that in writing. I sent it in writing to him. I never heard from him. But that's still not enough for him. He keeps pursuing this. Now they're asking for you to put it on an agenda to rescind it. That will cost my client more time and money, and there are no grounds -- the Code doesn't allow the Commission to do that. It doesn't. It's very clear under 2109. The Planning director has to be the one to bring it before -- and they've gone to the Planning Department, and the Planning Department hasn't found that there are any grounds to take it to the Zoning Board or the City Commission to rescind this sign. It's just -- it's not right. I mean, enough is enough as to what they're putting him through here. And I just want to add one more thing because this particular developer has done so much for this community, a lot more than many others. That beautiful fountain that's at Broadway -- South Miami Avenue at 15th Road and Broadway, he voluntarily built it. He thought it would be a really nice thing for this community to have. He's put in trees. He's done a lot for the community. And to just keep pursuing this and harassing him over a sign that was legally permitted and he did everything he had to do. And we would just request that you say enough is enough, and you know, if you want to pass the new legislation where they have to give notice, fine. That would apply on all new signs. But for this one, he did everything he had to do. He got his Class II Permit. He paid for, you know, his permits. He paid for the sign. He put up the sign. Vice Chair Spence -Jones: Can I -- can we --? Ms. Pardo: What more -- yes? This is Alan Ojeda. Alan Ojeda: Good afternoon. Alan Ojeda, 1000 Brickell Avenue. I've been in front of this body many times. This is the first time that, honestly, I don't know what I'm doing here, honestly. Because I simply follow the rules. They were not written by me. I asked what the rules were. I complied with everything. Additional impositions were asked for me to do to additional light; I did everything. And when I got a phone call -- so the first part is I simply exercised what think was my rights under a Code written by the City, not by me. I complied with the City. So -- now one person decides that -- starts to do a witch hunt against one sign in -- within the DDA (Downtown Development Authority), so is that discriminating? I'm the only one. I'm the one that's -- to be singled out. One day the City calls me -- should be December, January -- and says it seems that one person is being bothered by -- because you have a light -- the light on. I didn't City ofMiami Page 133 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 do -- I didn't argue with the City. I didn't ask anything. I simply called my office and said turn it off. I mean, eight months ago, simply because one person decided to do that. So how far are we going? Now ifI put a Mexican restaurant, do I have to ask everybody if they prefer to have a Chinese one? So I followed every single rule. I think I'm a developer that has given to the community because I love it. Am I bothering someone with a light? Yes, according to someone. I'm turning it off. That person can't sleep with those signs or that person said, well, because the light of the signs is coming from an office building that doesn't bother me? Is this residential? I don't know. In the (UNINTELLIGIBLE) business my building is commercial, actually. So my -- what I'm asking is what have I done wrong? Why am I singled out? Why one single person that has nothing else to do writes one letter over here, one person with a name, William Pollock, that lives in a place that says -- let me read it -- the sign is ugly. Well, I honestly don't know how to handle that word because I don't know what that means in good faith. So ifI go back to the City and said have I done everything? Yeah. Have I missed anything? No. Is there anything else I have to do? No. I honestly don't know what I'm -- I don't want to say accused because nobody has accused me of anything, but I don't even know what I'm defending. Am I defending my right to do what's my right according to the City rules, actual rules? Chair Sanchez: All right. Mr. Ojeda: We went to that meeting. Your -- because I think I've proven over time that I'm -- I want to be a good neighbor. People sometimes confuse kindness with weakness. I don't know why. And I went there and when I left -- and I honestly tried to put myself in someone else's shoes and I said, well, if my sign is bothering someone that cannot sleep, the light has been turned off for months. I mean, when I left there -- I went with my son and I said, do you understand anything? What are we required to do? Are we required to relinquish our rights? I honestly, in good faith, don't get it. Thank you. Chair Sanchez: All right. Listen, we're not going to be here three hours on this, all right. Let's vote on the motion that has been proffered by Commissioner Sarnoff to bring this back to Planning & Zoning. Ms. Bru: Can I clarify something? Chair Sanchez: No, no, no, no, no. Ms. Bru: Mr. Chairman, let me just clarify. This sign was permitted pursuant through a Class II Permit. Commissioner Sanchez: Yes. Ms. Bru: And that is a special permit. Ms. Pardo: Right. Ms. Bru: If there is a violation of any condition or restriction that was placed on that permit, the director can rescind the permit. Now it is up to the director, upon the complaint of an aggrieved party, to determine whether or not there's been a violation. If that aggrieved party is not satisfied with the actions of the director, they can go to the City Manager and ask the City Manager to review the allegations. And at that time, they can also appeal to you, through the City Manager, but there has to be some sort of factual finding that there has been a violation of a condition or restriction of that permit. So I guess, at this point, you can instruct the Manager to look into it and -- Ms. Pardo: They've done that already. City ofMiami Page 134 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Ms. Bru: -- if they've done that already and -- Ms. Pardo: They've done it. Ms. Bru: -- they can here now tell you that we've looked at it and there's no violation of any restriction or condition -- Chair Sanchez: Mr. Director -- Ms. Bru: -- there's nothing left to do. Chair Sanchez: -- are there any violations? I need a director to tell me -- are they? Vice Chair Spence -Jones: Who's the director? Is there any violation? Ana Gelabert-Sanchez (Director, Planning): You have plenty here. Chair Sanchez: Okay. Ms. Gelabert-Sanchez: The -- it was approved as a part of a Major Use Special Permit. When the question was raised, we looked at it. We asked Zoning to look at it since the issue was the size of the letters. The Zoning both -- Orlando Toledo and both the Zoning Administrator looked at it and said the permit was -- had given correctly, the size was correct. Vice Chair Spence -Jones: So it's not -- Ms. Gelabert-Sanchez: So that was -- Vice Chair Spence -Jones: -- a problem? Ms. Gelabert-Sanchez: There was not a problem. We have that -- and that was, again, just to clarify, that was -- Vice Chair Spence -Jones: Okay, so then -- Ms. Gelabert-Sanchez: -- a part of the Major Use that came with that project. Ms. Burns: And your name for the record, please? Ms. Gelabert-Sanchez: Ana Gelabert, Planning director. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. And the remedy is that he's turned off the light for the last eight months, correct? Mr.Ojeda: Yes. Chair Sanchez: And they're still complaining about the sign? Ms. Pardo: Yes. Mr.Ojeda: Yes. Commissioner Sarnoff Well, just to -- City ofMiami Page 135 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: All right. Commissioner Sarnoff -- correct the record -- Ms. Pardo: But now additional people. Commissioner Sarnoff -- it was not part of the Major Use Special Permit. Ms. Gelabert-Sanchez: It was part of the Major Use Special Permit. Commissioner Sarnoff No, it wasn't. There was no sign in that Major Use -- Ms. Pardo: You're both correct. Ms. Gelabert-Sanchez: There's -- the -- Commissioner Sarnoff There's a footnote that says if there's any signage, it will come by Class II Permit. That's all there is. Ms. Gelabert-Sanchez: There was a Class -- Commissioner Sarnoff There's a Class II Permit issued. Ms. Gelabert-Sanchez: -- II, but the sign was part of the Class II, which would take care -- but there is a Class II too. Independent of the MUSP, there was a Class II -- Commissioner Sarnoff The MUSP -- let me just put it to you like this. The MUSP demonstrated to this Commission no signage. Nowhere in that MUSP this thick is there any indication of a sign, except for a small footnote that says, and I quote -- Ms. Pardo: We did get a separate Class II Permit. We're not claiming --- Commissioner Sarnoff But I just want to correct -- Ms. Pardo: -- we're not going under -- you're right. You were right on the correction, but we're not going under the MUSP that that approved the sign. We got a completely separate Class II Permit and followed all the procedures under the City's procedures for Class II Permits for signs. Commissioner Sarnoff And all I want -- Ms. Pardo: That was done. Commissioner Sarnoff -- to add to under that, under that Class II Permit as the way it's stated, no one in the neighborhood got any notice of any signage. Ms. Pardo: Correct. Commissioner Sarnoff Right. So I don't want anybody up here to think that had they read that MUSP, they would have known there was going to be a sign up there 'cause they would not have. There was no way, no shape, no how that anyone, once they read that MUSP, would have known there was going to be a sign. So then you issue a Class II Permit and no one, no how, no way could have known there was going to be an illuminated sign on that whatever, 30 or 40 story, whatever the stories are. So I don't want to give anybody the thought that some -- there's some City ofMiami Page 136 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 waiver here because no citizen had a notice or opportunity to know of the signage. Fair statement? Ms. Gelabert-Sanchez: It's not required in the ordinance right now. Commissioner Sarnoff Right, I understand -- Ms. Gelabert-Sanchez: So it's -- so -- Commissioner Sarnoff -- it's not required under your -- Ms. Gelabert-Sanchez: Right. Commissioner Sarnoff -- under your analysis, it's not required. Ms. Pardo: The ordinance doesn't require it. Chair Sanchez: Wait, wait, wait. Listen, listen, listen, listen. It's very clear. Class II -- signs, Class II, does not require any notice. It does not require -- Ms. Gelabert-Sanchez: It does not. Chair Sanchez: -- any notice. Ms. Gelabert-Sanchez: It does not. Chair Sanchez: If we, as a legislative body, want to pass legislation that says any Class II signs from now on require notice, then we take it from here, but you can't go back. You can'tmodify laws as they pass, and this is just -- Commissioner, we got to move on on this. If you want to make a directive to the City Manager -- but this is -- we got to move on on this. This is -- Commissioner Gonzalez: But let me tell you. I'm going to give you my opinion on this. I mean, we are becoming the worst type of government because constantly you see -- you hear people complaining about Washington, that government wants to interfere in every step that citizens make in this country, and we're starting to do exactly the same thing. Pretty soon, we may want to continue to even ask people to pull a permit to have lunch and to have dinner and even to go to bed with their own respective couples. I mean, you know, this is -- because somebody doesn't like something doesn't mean that you have to change the entire City ofMiami. I mean, this is outrageous because I might decide tomorrow to drive by Coral Way, by any street, Flagler Street, and say I don't like that building; I don't like that design there, you know, and I want to knock it down. I mean, people, we have to have some kind of you know -- Chair Sanchez: Okay. Commissioner Gonzalez: -- control. Chair Sanchez: Final closure on this item. Commissioner. Commissioner Sarnoff All I'm asking is the City to put this on the next agenda to see if -- and the City Attorney can -- Chair Sanchez: What agenda? What -- us? Commissioner Sarnoff It would be us to vote on what -- and you could vote now, if you'd like. I don't care. But whether we could then designate that this go to the Zoning Board for review. City ofMiami Page 137 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Chair Sanchez: To take this -- Commissioner Gonzalez: I'm ready to -- Chair Sanchez: I don't understand. Commissioner Gonzalez: -- vote on it right now. Commissioner Regalado: Well -- Chair Sanchez: All right. Commissioner Regalado: -- let's -- Chair Sanchez: Make a motion. Commissioner Regalado: Why don't we vote now and get it over with? Chair Sanchez: Okay. Commissioner Sarnoff That's fine. Commissioner Gonzalez: Let's do it. Get it over with. Chair Sanchez: What is it? You want to make a motion? Commissioner Sarnoff I make a motion to put this so that the appropriateness of this sign go before the Zoning Board. Chair Sanchez: Goes before the Zoning Board. All right, is there a second? It's over. Let's go. With -- Ms. Pardo: Thank you. Chair Sanchez: -- between the signs and the peacocks, we're going to go crazy here. Let's go. Come on. DISTRICT 3 CHAIR JOE SANCHEZ DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-00985 DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI'S INVESTMENT PORTFOLIO AND LOSSES DUE TO THE CRISIS IN THE MORTGAGE INDUSTRY. 08-00985 Email.pdf DISCUSSED City ofMiami Page 138 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Commissioner Regalado: The other item is -- it's about Freddie and the other guy -- Unidentified Speaker: Fannie. Commissioner Regalado: -- and Fannie. I had placed this like about a month ago before the federal government took over the mortgage creditors, Freddie Mac and Fannie Mae, and it was because we had an investment on -- a huge investment portfolio of the City. Now this action by the federal government has brought more confidence to the markets, but still, there is a cloud over the mortgage crisis. And so, I know that there is nothing we can do about -- in order to take out the investment; even if we do, we're going to lose some money. Butl think that we should be more proactive in watching the trends of the investment portfolios because, you know, only by following the news everyone would have known that Freddie Mac and Fannie Mae had problems when the whole storm about mortgage crisis began. And Larry -- and I thank you for the information. Thank you for the report. So I just don't want to take your time, but think that we should be more proactive in diversity of the investment. Larry Spring: Larry Spring, chief financial officer. Your advice is heeded, Commissioner. I think at the agenda briefing, each of your chief of staffs [sic] was provided the letter from our financial advisor for Southwest Services regarding the assessment of the City's investment portfolio, and you should have received also the investment portfolio report for August 31 in complete. Based on their assessment, we do have a well -diversified portfolio. Our investment in Fannie and Freddie are senior debt obligations that are still AAA rated despite what's going on in the market, but we will be mindful of the advice. I would also -- based on our, I think, the Commission's direction earlier today with regards to our debt issuance, I think we'll -- we will add maybe a quarterly or twice annually update on the investment portfolio side as part of that update since First Southwest serves both as our financial advisor on the debt side and our investment advisor on the investment side. Commissioner Regalado: Thank you. Done. Chair Sanchez: Is that it? Commissioner Regalado: Yeah. D4.2 08-00986 DISCUSSION ITEM DISCUSSION ABOUT POSSIBLE ACTIONS THAT THE CITY OF MIAMI CAN TAKE REGARDING THE MIAMI-DADE COUNTY EMPOWERMENT ZONE TRUST. 08-00986 Email.pdf DISCUSSED Chair Sanchez: Next item. Who's got the next item? Vice Chair Spence -Jones: Regalado. Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. This will be quick. On D4.2, I placed a discussion item regarding the possible actions that the City ofMiami can take regarding the Miami -Dade County Empowerment Zone Trust. This Zone Trust does not exist anymore, so -- it's under criminal investigation, but only a reminder. Next budget cycle in Washington, we should instruct our lobbying team to let them know that we should have the authority that we gave the County to run a future empowerment zone. And the reason is that all these money that was given back to the State and the federal government was supposed to be used in the City of City ofMiami Page 139 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 Miami. And as we suspected, it wasn't. And yet, 75 percent of the territory of the Miami -Dade County Empowerment Zone Trust was within the City ofMiami. And if you read Victor Igwe's report, you will find that we did not get not even 10 percent of what we were supposed to do. So that's just a comment there. I think that we should -- and I will bring in legislation in terms of directing the Manager to direct the lobbying team in Washington to do this. DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES City ofMiami Page 140 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 NA.1 08-01093 DISCUSSION ITEM DISCUSSION COMMEMORATING THE VICTIMS AND FAMILIES OF 9/11. DISCUSSED Chair Sanchez: I want to -- before we do this, I wanted to take the opportunity, before we move forward to this item, as you know, September 11, at 9:59 a.m., that was a time that the second tower collapsed, and I think it is bestowed in us, as great Americans, in our country, as our country suffered and continues to suffer because of tragedy, that we wait till 9:59, which we're only a minute away, and we take a minute of silence for all the victims that were lost. So if you would bear with me on that, we have one more minute, and then we will officially do this. I believe that maybe throughout our great nation, we are clearly showing the world that we have not and we will never forgot that tragic day. So ladies and gentlemen, it is 9:59, and I ask you to stand up and bow your heads for a minute of silence for the victims of 9/11. Thank you and God bless America. NA.2 08-01092 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING AMENDMENT 6 ON THE NOVEMBER 4, 2008 BALLOT, WHICH WILL HELP PRESERVE WORKING WATERFRONTS AND THE JOBS THEY SUPPORT. 08-01092-Submittal-Commissioner Sanchez.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Gonzalez R-08-0518 Chair Sanchez: All right. Pocket items. Commissioner Gonzalez? Commissioner Gonzalez: No, sir. Chair Sanchez: Vice Chair Spence -Jones? Vice Chair Spence -Jones: No, sir. Commissioner Sarnoff No. Chair Sanchez: Commissioner Sarnoff? Commissioner Regalado: No. Chair Sanchez: Commissioner Regalado? Commissioner Regalado: No. Chair Sanchez: Well, I hate to be the bearer of bad news, butt have one. All right. We've talked about the river and we've heard what's happening around the river and the importance that the Miami River plays in our history and in our city as a working river and a historical river. There's going to be an amendment in November 4, 208 [sic] ballot, which I'm asking -- similar as the one that we supported today presented here, and it's a resolution of the City of Miami Commission supporting Amendment 6 on November 4, 208 [sic] ballot, which will help City ofMiami Page 141 Printed on 10/3/2008 City Commission Meeting Minutes September 11, 2008 preserve working waterfront and jobs they support along the river. Basically, what we've talked about here is that we -- although we believe that the river can accommodate both sides, the residential side and the marine industry, this would allow the marine industry to receive incentive as tax from the State, therefore promoting marine industry and businesses associated with marine industry along the river. It is a good resolution, and therefore, it impacts us and we're asking that we support it. And the reason is it's going to require that 60 percent of the voters cast their ballots in favor of this amendment. So therefore, I make a motion -- Commissioner Sarnoff Second. Commissioner Sanchez: -- I pass the gavel to the Vice Chair -- supporting Amendment 6. Vice Chair Spence -Jones: We had a motion and a second. All in favor? Commissioner Sarnoff Aye. Commissioner Regalado: Aye. Chair Sanchez: Aye. Vice Chair Spence -Jones: This item passes. Chair Sanchez: All right. Commissioner Gonzalez: I'm voting no. And the reason I'm voting no is because I haven't been able to become familiar with this amendment. Usually, I don't vote on something thatl don't understand, so -- Chair Sanchez: All right. Commissioner Gonzalez: -- my vote is no. Chair Sanchez: Okay. For the record, it cast one vote in the negative from Commissioner Gonzalez. MOTION A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 142 Printed on 10/3/2008