HomeMy WebLinkAboutCC 2008-11-13 MinutesCity of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Thursday, November 13, 2008
9:00 AM
REGULAR
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor
Joe Sanchez, Chair
Michelle Spence -Jones, Vice -Chair
Angel Gonzalez, Commissioner District One
Marc David Sarnoff, Commissioner District Two
Tomas Regalado, Commissioner District Four
Pedro G. Hernandez, City Manager
Julie 0 Bru, City Attorney
Priscilla A. Thompson, City Clerk
City Commission
Meeting Minutes November 13, 2008
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
EM - EMERGENCY ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
City ofMiami Page 2 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
M - MAYOR'S ITEMS
D1 - DISTRICT 1 ITEMS
D2 - DISTRICT 2 ITEMS
D3 - DISTRICT 3 ITEMS
D4 - DISTRICT 4 ITEMS
D5 - DISTRICT 5 ITEMS
Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting.
"[Later...]" refers to discussions that were interrupted and later continued.
City ofMiami Page 3 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner Gonzalez, Chair Sanchez, Commissioner Regalado and Vice Chair
Spence -Jones
Absent: Commissioner Sarnoff
On the 13th day of November 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 9:18 a.m., recessed at 11:50 a.m.,
reconvened at 2: 29 p.m., recessed at 3: 32 p.m., reconvened at 3: 49 p.m. and adjourned at 3:56
p.m.
Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:30 a.m.
Note for the Record: Due to an electrical power outage, the Commission meeting was abruptly
impeded and was therefore recessed at 11:50 a.m.
Note for the Record: Commissioner Gonzalez entered the Commission chambers at 3:50 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney
Pedro G. Hernandez, City Manager
Pamela E. Burns, Assistant City Clerk
Chair Sanchez: (INAUDIBLE). Want to take this opportunity to welcome you all to our historic
City Hall. This is a City ofMiami Commission meeting. It has been properly advertised for
today to address the order of the day, which is the agenda that has been presented to this
Commission by the Administration. The members of the Commission today -- and before I do
that, we are officially calling the meeting to order -- are the members of the City ofMiami
Commission, Vice Chair Spence -Jones, Commissioner Regalado, Commissioner Angel Gonzalez,
who'll be joining us soon, and I believe that Commissioner Marc Sarnoff will not be attending
this meeting due to traveling abroad, and myself Joe Sanchez as your Chair. Also present are
City Manager, Pete Hernandez and our City Attorney, Julie O. Bru, and also City Clerk [sic],
Pamela E. Burns -- the Assistant City Clerk is present with us with her staff. The meeting will be
opened by a prayer by myself and I'll ask Commissioner Regalado to do the pledge of
allegiance, and then we will continue with the order of the day.
Invocation and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 08-01318 CEREMONIAL ITEM
Honoree Presenter Protocol Item
Geographic Information Mayor Diaz Proclamation
Systems (GIS) Day
Special Presentations
City of Miami Department
of Fire Rescue receives
UM Gordon Center EMS
Futures Scholarship
08-01318 Protocol List.pdf
PRESENTED
City ofMiami Page 4 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
MAYORAL VETOES
1. Mayor Diaz presented proclamations to Peter Korinis, William Tharp, Regina Hagger, and Ita
Ntekim in observance of Geographic Information System Day (GIS), valuing the outstanding
benefits of technology and the importance of progress in elevating the quality of life; further
recognizing that National Geography Awareness Week is an annual event that celebrates
Geographic Information System technology which uses innovative computer technology in
geography to help people manage, analyze and integrate many types of geographic -based
information; further recognizing this tenth anniversary celebration by hosting a day of activities
to promote GIS awareness and training and to educate the citizens ofMiami on how GIS Day
provides an international forum for users of geographic information systems technology to
demonstrate real -world applications that are making a difference in society; and further
recognizing and proclaiming Wednesday, the 19th Day of November 2008 as GIS Day in the City
ofMiami.
2. Mayor Diaz presented Certificates ofAppreciation to supporters and volunteers of "Bike
Miami," held on Sunday, November 9, 2008, specifically Commander Socorro, Officer Mercado,
Bobby Starke, John Hopkins, Adam Schachner, and members of the Miami Police Department,
Department of Solid Waste, Department of Parks and Recreation, Downtown NET Police
Department, Tim Schmand, Public Service Aides (serving under Sergeant Manny Gonzalez and
Officer Harris Henderson), NET Citizens on Patrol, Green Mobility Network and South Miami
High School Key Club, Emerge Miami, Office of Commissioner Marc Sarnoff, Office of
Sustainable Initiatives, Department of Capital Improvements Project, Department of
Communications, Downtown Development Authority, and Downtown Miami Partnership.
3. Vice Chair Spence -Jones presented Certificates ofAppreciation to Don Patterson, members of
the Housing and Economic Development Expo Committee, and Phillip Bacon (Collins Center),
Elaine Black (Liberty City Trust), George Mensah (Department of Community Development),
Glen Hadwen (Office of Sustainable Initiatives), Anthony Williams (Carrie P. Meek
Organization), Hilda Tejera, Tom Zuniga, Linda Schotthoefer, Vicki Augustus-Fidelia
(Commissioner Spence-Jones/District 5/Chief of Staffi, and representatives from Bank of
America for their distinguished service and outstanding commitment to provide fair housing
services to benefit the residents of the City ofMiami.
4. City ofMiami Fire Chief William Bryson recognized Dr. Ivette Motola, who made a special
presentation to Wifredo Sosa, the proud recipient of the 2008 Stephanie Brown EA/IS Futures
Scholarship Award, presented by the University ofMiami Michael S. Gordon Center for
Research and Medical Education/Leonard Miller School ofMedicine, on behalf of City ofMiami
Fire Rescue.
Chair Sanchez: At this time we'll go ahead and have the presentations and proclamations.
Presentations delivered.
NO MAYORAL VETOES
Chair Sanchez: Let's go ahead and do the health district.
Commissioner Gonzalez: We need to approve the minutes.
Pamela E. Burns (Assistant City Clerk): Yes. We need to --
Chair Sanchez: Ah, yes. Thank you so much, Madam Clerk. There are -- received a letter from
the Mayor -- from the City Clerk; there are no mayoral vetoes for the record.
Ms. Burns: That's correct.
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City Commission
Meeting Minutes November 13, 2008
Chair Sanchez: Okay. That takes care of that.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Votes:
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, to APPROVED
PASSED by the following vote.
Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, to APPROVED
PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
END OF APPROVING MINUTES
Chair Sanchez: Also, we need to approve the minutes of the following meetings. We need to
approve the regular Commission meeting of October 16, 208 [sic]. Is there a motion?
Vice Chair Spence -Jones: So move.
Commissioner Gonzalez: Second.
Chair Sanchez: Motion by the Vice Chair, second by Commissioner Gonzalez. Any discussion
on the item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." The regular
Commission meeting of October 16, 208 [sic] have been approved by the Commission. Also, we
need to approve the Planning and Zoning meeting of October 23, 208 [sic]. Motion has been
proffered by the Vice Chair, second by Commissioner Gonzalez. No further discussion. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." For the record,
Planning and Zoning meeting of October 22 [sic], 208 [sic] meeting minutes have been
approved, and that takes care of the -- any approvals for meetings, Madam Clerk? Okay. So
that takes care also the consent agenda. We voted on the consent agenda.
City ofMiami Page 6 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Order of the Day
Chair Sanchez: At this time we will now begin the regular Commission meeting. The City
Attorney will read the procedures to be followed during this meeting. Madam Attorney, you're
recognized for the record.
Julie O. Bru (City Attorney): Good morning, Mr. Chairman and members of the Commission,
Mr. Manager, Madam Clerk. Any person who's a lobbyist must register with the City Clerk
before appearing before the City Commission. A copy of the Code section about lobbyists is
available in the City Clerk's office. Anyone wishing to appeal any decision made by the City
Commission for any matter considered at this meeting may need a verbatim record of the item.
Please, no cell phone, beepers -- if anybody still has one of those -- or other noise -making
devices are permitted in the Commission chambers. Please silence those devices now. Persons
may address the City Commission on items where a public hearing is required and on items
where public input is solicited. Persons wishing to speak are requested to inform the City Clerk
of the desire to speak, indicating the item number on the agenda. At the time the item is heard,
persons who will speak should approach the microphone and wait to be recognized. 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 on the agenda item being
considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs
first. The Planning and Zoning items that are in today's agenda will begin after 10 a.m. And at
this time, Mr. Chairman, you're going to announce some other specifics about today's agenda.
Chair Sanchez: Thank you, Madam Attorney.
City ofMiami Page 7 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
CONSENT AGENDA
CA.1 08-01214 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO
Public Works OBJECTION AND SUPPORTING THE CODESIGNATION BY THE FLORIDA
LEGISLATURE, PURSUANT TO SENATE BILL 1604, DESIGNATING
BISCAYNE BOULEVARD FROM NORTHEAST 13TH STREET TO
NORTHEAST 14TH STREET, MIAMI, FLORIDA, AS "JUDY DRUCKER
BOULEVARD;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT
THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION,
DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY
DESIGNATED ROADWAY.
08-01214 Legislation.pdf
08-01214 SUMMARY FORM.pdf
08-01214 2008 LEGISLATURE.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0619
CA.2 08-01215 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING
Public Works NORTHWEST 55TH STREET FROM NORTHWEST 12TH AVENUE TO
NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, AS "FRANK LEGREE, JR.
STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE
DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
08-01215 Legislation.pdf
08-01215 SUMMARY FORM.pdf
08-01215 LETTER.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0620
CA.3 08-01238 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A
Police CONTRIBUTION, IN THE AMOUNT OF $20,000, TO THE MIAMI-DADE
COUNTY ASSOCIATION OF CHIEFS OF POLICE, TO SPONSOR, AS
STATED HEREIN, THE DECEMBER, 2008 MIAMI-DADE COUNTY
ASSOCIATION OF CHIEFS OF POLICE GENERAL MEMBERSHIP MEETING
TO BE HELD DECEMBER 10, 2008, IN MIAMI, FLORIDA; ALLOCATING
FUNDS FROM THE DEPARTMENT OF POLICE GENERAL OPERATING
BUDGET, ACCOUNT CODE NO. 00001.191501.882000.0000.00000.
City ofMiami Page 8 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
08-01238 Legislation.pdf
08-01238 SUMMARY FORM.pdf
08-01238 MDCACP.pdf
08-01238 CHARTER .pdf
08-01238-Submittal-Summary Fact Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0621
CA.4 08-01239 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
Purchasing RECEIVED FEBRUARY 20, 2008, PURSUANT TO INVITATION FOR BID NO.
70054, FROM FISHER SCIENTIFIC COMPANY L.L.C. AND LABSOURCE,
INC., THE TWO (2) RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE
PURCHASE OF WORK AND LATEX GLOVES, ON A CITYWIDE, AS
NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF
TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2)
ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND
AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED.
08-01239 Legislation.pdf
08-01239 SUMMARY FORM.pdf
08-01239 SUNBIZ.pdf
08-01239 AWARD RECOMMENDATION.pdf
08-01239 TABULATION SHEET.pdf
08-01239 ADDENDUM NO.1.pdf
08-01239 IFB.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
CA.5 08-01242
Department of
Parks and
Recreation
R-08-0622
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT
FOR FISCAL YEAR 2008-2009 ENTITLED: "CHILD DAY CARE FOOD
PROGRAM" AND APPROPRIATING FUNDS, IN THE ESTIMATED AMOUNT
OF $61,743, CONSISTING OF ENTITLEMENT FUNDING ON A
REIMBURSEMENT BASIS FROM THE FLORIDA DEPARTMENT OF HEALTH,
ADMINISTERING FUNDS FROM THE UNITED STATES DEPARTMENT OF
AGRICULTURE; AUTHORIZING THE CITY MANAGER TO ACCEPT SUCH
ENTITLEMENT FUNDING ON A REIMBURSEMENT BASIS AND TO
EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE
City ofMiami Page 9 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
ATTACHED FORM, FOR THE OPERATIONS OF A YEAR ROUND FOOD
SERVICE PROGRAM FOR PRESCHOOL AGED CHILDREN IN CITY OF
MIAMI PARKS; FURTHER AUTHORIZING CONDITIONS AS STATED
HEREIN.
08-01242 Legislation.pdf
08-01242 EXHIBIT1.pdf
08-01242 EXHIBIT2.pdf
08-01242 EXHIBIT3.pdf
08-01242 EXHIBIT4.pdf
08-01242 EXHIBIT5.pdf
08-01242 EXHIBIT6.pdf
08-01242 EXHIBIT7.pdf
08-01242 SUMMARY FORM.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0623
CA.6 08-01246 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Purchasing PROCUREMENT OF MOBILE EQUIPMENT HYDRAULIC PARTS AND
REPAIRS (PRE -QUALIFICATION), FROM VARIOUS VENDORS, ON A
CITYWIDE, AS NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 7543-5/14, EFFECTIVE THROUGH
MAY 31, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT
CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND
AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED.
08-01246 Legislation.pdf
08-01246 SUMMARY FORM.pdf
08-01246 AWARD SHEET.pdf
08-01246 CONTRACT AWARD SHEET.pdf
08-01246 Tally Sheet.pdf
08-01246 INVITATION TO BID.pdf
08-01246 APPENDIX AFFIDAVITS.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0624
CA.7 08-01247 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Purchasing PROCUREMENT OF MOBILE EQUIPMENT MANUFACTURER (OEM)
REPLACEMENT PARTS AND SERVICES, FROM VARIOUS VENDORS, ON A
CITYWIDE, AS NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING
MIAMI-DADE COUNTY CONTRACT NO. 5380-6/14, EFFECTIVE THROUGH
City ofMiami Page 10 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
JUNE 30, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT
CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE
VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND
AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY
APPROVAL AT THE TIME OF NEED.
08-01247 Legislation.pdf
08-01247 SUMMARY FORM.pdf
08-01247 AWARD SHEET.pdf
08-01247 CONTRACT AWARD SHEET.pdf
08-01247 ADDENDUM NO.3.pdf
08-01247 OTR.pdf
08-01247 AFFIDAVITS FORMAL BIDS.pdf
08-01247 ADDENDUM NO.2.pdf
08-01247 OTR 2.pdf
08-01247 AFFIDAVITS FORMAL BIDS 2.pdf
08-01247 ADDENDUM NO.1.pdf
08-01247 INVITATION TO BID.pdf
08-01247 AFFIDAVITS FORMAL BIDS 3.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0625
CA.8 08-01248 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Fire -Rescue ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY
MANAGER'S EXECUTION OF MODIFICATION NUMBER ONE TO THE
SUBGRANT AGREEMENT ("AGREEMENT") BETWEEN THE FLORIDA
DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF MIAMI, IN
SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO RESOLUTION
NO. 07-0678, ADOPTED DECEMBER 13, 2007, FOR THE HAZARD
MITIGATION GRANT PROGRAM-FEMA PROJECT 1602-04-R, CITY OF
MIAMI, DADE COUNTY, NORTH DISTRICT POLICE STATION, WIND
RETROFIT; EXTENDING THE AGREEMENT FROM SEPTEMBER 30, 2008
TO MARCH 31, 2009; MODIFYING ATTACHMENT "A", THE BUDGET AND
SCOPE OF WORK; DECREASING THE AMOUNT OF FEDERAL GRANT
FUNDS RECEIVED PURSUANT TO SAID RESOLUTION, IN THE AMOUNT
OF $12,393, THEREBY ACCEPTING GRANT FUNDS IN THE NEW AMOUNT
OF $57,679; AUTHORIZING A DECREASE IN THE ALLOCATION OF THE
CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF
$3,098, THEREBY ALLOCATING FUNDS IN THE AMOUNT NOT TO EXCEED
$19,226, FROM ACCOUNT NO. 00001.191602.891000.0000.00000;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER
RELATED AMENDMENTS OR EXTENSIONS ON ALL MATTERS
EXCLUDING THOSE WITH FUNDING CHANGES.
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City Commission
Meeting Minutes November 13, 2008
08-01248 Legislation.pdf
08-01248 EXHIBIT.pdf
08-01248 EXHIBIT2.pdf
08-01248 EXHIBIT3.pdf
08-01248 EXHBIT4.pdf
08-01248 EXHIBIT5.pdf
08-01248 SUMMARY FORM.pdf
08-01248 DEM.pdf
08-01248 Exhibit 1.pdf
08-01248 Letter.pdf
08-01248 Email.pdf
08-01248 Pre Summary Form.pdf
08-01248 Pre Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
CA.9 08-01249
Department of
Purchasing
R-08-0626
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS
RECEIVED OCTOBER 10, 2008, PURSUANT TO INVITATION FOR BID NO.
99043, FROM GLEN'S TENT AND TABLE RENTAL, INC., (PRIMARY) AND
SBS INVESTMENT OF DADE COUNTY D/B/A CHRISTINAS PARTY
RENTALS (SECONDARY), FOR THE PROVISION OF RENTAL OF TENTS,
TABLES, CHAIRS AND LINENS, ON A CITYWIDE, AS -NEEDED
CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2)
YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE
(1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES
OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT
TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE
TIME OF NEED.
08-01249 Legislation.pdf
08-01249 SUMMARY FORM.pdf
08-01249 AWARD RECOMMENDATION.pdf
08-01249 TABULATIONS OF BIDS.pdf
08-01249 ADDENDUM NO.1.pdf
08-01249 IFB.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
CA.10 08-01250
Office of
Sustainable
Initiatives
R-08-0627
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING FUNDS, IN THE AMOUNT OF $249,495,
CONSISTING OF A GRANT AWARD FROM THE HOME DEPOT
FOUNDATION PASSED THROUGH THE DADE COMMUNITY FOUNDATION,
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City Commission
Meeting Minutes November 13, 2008
FOR THE PURPOSE OF ADVANCING THE ENVIRONMENTAL INITIATIVES
OF THE CITY OF MIAMI'S GREEN MIAMI CAMPAIGN, BY PLANTING ONE
THOUSAND (1,000) TREES IN URBAN AREAS WITHIN THE CITY OF MIAMI,
TARGETING NEIGHBORHOODS WITH THE LOWEST TREE CANOPY;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY
DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT; FURTHER
AUTHORIZING THE CITY MANAGER TO ALLOCATE SAID FUNDS TO THE
GREENSPACE MANAGEMENT FUND CREATED PURSUANT TO
ORDINANCE NO. 13002, ADOPTED JUNE 12, 2008; AUTHORIZING THE
APPROPRIATION OF SAID FUNDS FOR PLANTING TREES IN URBAN
AREAS.
08-01250 Legislation.pdf
08-01250 EXHIBIT.pdf
08-01250 SUMMARY FORM.pdf
08-01250 LETTER.pdf
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0632
Chair Sanchez: All right. Let's bring up CA.10. CA.10 is a dis -- has been pulled by Vice Chair
Spence -Jones for the purpose of discussion.
Vice Chair Spence -Jones: Thank you, Mr. Chairman. I really just have a question for Robert's
office, and I asked this of the Manager; and I was supposed to get it this morning, and I haven't.
The balance -- I was very confused about -- well, first of all, I accept -- of course we support, you
know, accepting money from Home Depot for frees. My only concern was, you know, I asked for
the balance of the Tree Trust fund, you know, that the City has, and I never got the answer to
that. And from that original -- and the reason why I asked that question in the beginning was the
dollars that we got from the -- that we're getting from the Home Depot, I asked, "Well, where are
these trees going?" And I was told that these are the trees for Little Haiti. Well, these -- the
trees for Little Haiti should have gone in from the Tree Trust fund two years ago, and I've still
been waiting for the trees and they never got here, so I have two questions. One, Mr. Manager,
what is the balance in the Tree Trust fund, and those trees that were supposed to be planted in
Little Haiti, where are they because I never saw them; and I've been asking for them for two
years? And then the second part of this, what is the plan -- this is for you, Robert Ruano -- for
these new set of trees that are going to be going in? I'm assuming that they're throughout the
whole entire district. And I don't know if you guys are going to have this answer for me right
now, so mis -- unless you do have it? Because you know we talked about it yesterday, right?
Pedro G. Hernandez (City Manager): Yes. Commissioner, the balance in the Tree Trust fund is
approximately $650, 000. My understanding with respect to the frees that were supposed to be
planted in Little Haiti that I believe like 200 -- 221 were planted, and if there are any -- if there's
any need for additional planting, I believe that between the monies that we have in the Tree Trust
fund and the additional monies that we're adding through this item, that we'll have enough to be
able to do necessary plantings citywide across all districts and take care of any deficiencies that
we may have.
Vice Chair Spence -Jones: Okay. The only thing that I would like to request from this -- and I
don't want to beat a dead horse or beat anything --
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City Commission
Meeting Minutes November 13, 2008
Chair Sanchez: Beat a dead tree.
Vice Chair Spence -Jones: -- beat a dead free -- but I would like to have from you guys before
the day ends what I requested, which was the -- from the original allocations from the Tree Trust
fund, where are those frees? I have not seen any plans on where those frees went. And these
additional dollars that are -- because I have plenty of places to put trees, and I've been
requesting for them and it hasn't happened, so I would like to know what -- once we accept this
new grant, what is the plan of action for the new frees that are going to be going in for Home
Depot, and that's -- from Home Depot; and that's my only request. You don't have to give it to
me now. I'm going to go ahead and move it, and hopefully I'll have a second.
Chair Sanchez: All right. Well, I can't second it unless I pass the gavel, so there's a motion.
What do you want to do with this item?
Commissioner Gonzalez: What is the motion?
Vice Chair Spence -Jones: I'm going to go ahead and support --
Chair Sanchez: Okay.
Vice Chair Spence -Jones: -- if-- but I'm just asking for after this -- today -- before the day ends
for me to get a full report on these trees.
Commissioner Gonzalez: I'll second the motion.
Chair Sanchez: All right, there's a motion on CA.10, second by Commissioner Gonzalez. The
motion was proffered by the Vice Chair. Any further discussion on CA.10?
Vice Chair Spence -Jones: I would -- just would like for Robert to put on the record that he'll
provide me with a full report before the end of the day.
Robert Ruano (Director, Grants & Sustainable Initiatives): Sure. And I think some of those
come across kind of City line, so we'll get some of this stuff. Well work with Public Works on the
trees that were planted. I know from our side with the CBO (Community Based Organization)
planting that we funded Operation Green Leaves, they planted 71 trees in Little Haiti also; and
I'll get you the information on where the frees will be planted from from the Home Depot
Foundation. Although the specific locations have not yet been determined, although they will be
in the most needed areas, per Home Depot Foundation.
Vice Chair Spence -Jones: No problem. I just want to make sure I get that list.
Mr. Ruano: Okay.
Commissioner Gonzalez: All right.
Chair Sanchez: Okay. No further discussion on the item. We're on CA.10. All in favor, say
"aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
CA.11 08-01244 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
Attorney DIRECTOR OF FINANCE TO PAY STACEY HEFFERNAN, MARC McGEE
City ofMiami Page 14 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
AND BMW FINANCIAL SERVICES AS LIENHOLDER, WITHOUT ADMISSION
OF LIABILITY, THE TOTAL SUM OF $30,189.25 FOR FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL PROPERTY DAMAGE CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND
SERVANTS, UPON EXECUTING A GENERAL RELEASE OF THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND
EMPLOYEES FROM ANY AND ALL PROPERTY DAMAGE CLAIMS AND
DEMANDS; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO.
05002.301001.515000.0000.00000.
08-01244 Legislation.pdf
08-01244 Cover Memo.pdf
08-01244 MEMORANDUM.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
CA.12 08-01279
District 4-
Commissioner
Tomas Regalado
R-08-0628
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
WAIVER OF PARK RENTAL FEES, IN THE AMOUNT OF $214, FOR THE
USE OF ROBERT KING HIGH PARK, ON SUNDAY, NOVEMBER 30, 2008 ,
FOR THE MUNICIPIOS DE CIENFUEGOS EVENT.
08-01279 LEGISLATION.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
CA.13 08-01298
District 3- Chair
Joe Sanchez
R-08-0629
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ALLOCATING OF FUNDS, IN AN AMOUNT NOT EXCEED $560, TO THE
DEPARTMENT OF PARKS, TO SPONSOR THE COST OF THE
SHOWMOBILE AT ROBERT KING HIGH PARK ON NOVEMBER 16, 2008,
FOR THE CUBAN MUNICIPALITIES EVENT; ALLOCATING SAID FUNDS
FROM THE DISTRICT 3 SPECIAL EVENTS ACCOUNT NO. 00001. 980000.
548000.0000.00000.
08-01298 LEGISLATION.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0630
City ofMiami Page 15 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
CA.14 08-01313
District 4-
Commissioner
Tomas Regalado
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO
CO-SPONSOR THE CONCIERTO AMORES EVENT ON FRIDAY,
NOVEMBER 14, 2008; ALLOCATING FUNDS FROM THE DISTRICT 4
SPECIAL EVENTS BUDGET, ACCOUNT NO. 001000.921054.6.289.
08-01313 LEGISLATION.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0631
Adopted the Consent Agenda
Votes:
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, including all
the preceding items marked as having been adopted on the Consent Agenda. The motion
carried by the following vote:
Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
END OF CONSENT AGENDA
Chair Sanchez: Do any of the Commissioners wish to have any of the items removed from the
consent agenda for discussion?
Vice Chair Spence -Jones: CA.10. Yes, Mr. Chairman, CA.10 just for discussion.
Chair Sanchez: CA.10 for discussion, okay. Any other items from the consent agenda?
"[Later...]"
Chair Sanchez: All right, CA (Consent Agenda), there was one item pulled for discussion. Can I
have a motion to approve the remaining agenda?
Vice Chair Spence -Jones: So moved.
Commissioner Gonzalez: Second.
Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez. Any
further discussion on the consent agenda? Hearing no discussion on the remaining of the
consent agenda, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right? Madam Clerk, the remaining
consent agenda has been approved.
City ofMiami Page 16 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
PUBLIC HEARINGS
PH.1 08-01216 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "1450 BRICKELL," A
REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN
"ATTACHMENT 1," SUBJECT TO SATISFACTION OF ALL CONDITIONS
REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN
"EXHIBIT A," ATTACHED AND INCORPORATED, AND THE PROVISIONS
CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN
ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE
RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA.
08-01216 Legislation.pdf
08-01216 Exhibit 1.pdf
08-01216 Exhibit 2.pdf
08-01216 Exhibit 3.pdf
08-01216 Exhibit 4.pdf
08-01216 Summary Form.pdf
08-01216 Memo.pdf
08-01216 Notice of Public Hearing.pdf
08-01216 Memo 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, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0644
Note for the Record: Please refer to item RE.11 for minutes referencing item PH.1.
"[Later...]"
Chair Sanchez: All right, ladies and gentlemen, we move on. We move on to PH.1.
Commissioner Gonzalez: Who about 11 ? Did we did [sic] 11 ?
Chair Sanchez: Yes. We --
Commissioner Gonzalez: We did?
Chair Sanchez: That was 11 that we voted on the last one. PH.1 is accepting a plat.
Stephanie Grindell (Director, Public Works): Stephanie Grindell --
Chair Sanchez: Let's put it on the record.
Ms. Grindell: -- director of Public Works. PH.1 is a resolution accepting the plat of 1450
Brickell, which is located on the northerly corner ofBrickellAvenue and Broadway, which is
formerly Southeast 15th Road.
City ofMiami Page 17 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
PH.2 08-01253
Department of
Parks and
Recreation
Chair Sanchez: All right.
Commissioner Gonzalez: Move it.
Chair Sanchez: Hold on. There's a motion. Is there a second?
Vice Chair Spence -Jones: Second.
Chair Sanchez: All right. Any discussion? Hearing no discussion, it's a public hearing. Anyone
from the public wishing to address this item, please step forward and be recognized. We are on
PH.1, ladies and gentlemen. Hearing no discussion on PH 1, it comes back to the Commission.
For the record, the public hearing was closed. Hearing no discussion on PH 1, there's a motion
and a second. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It was
a resolution.
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 RECOMMENDATION AND FINDING
THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE
OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(3)(C) OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE
REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE
RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S")
DEPARTMENT OF PARKS AND RECREATION, THAT BELAFONTE
TACOLCY CENTER, INC., INC., A FLORIDA NOT -FOR -PROFIT
CORPORATION ("BTC") IS THE MOST QUALIFIED FIRM TO CONTINUE TO
PROVIDE THE SPORTS DEVELOPMENT PROGRAM AT THE CITY'S
BELAFONTE TACOLCY PARK; AUTHORIZING THE CITY MANAGER TO
EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH BTC TO CONTINUE THE
SPORTS DEVELOPMENT PROGRAM, FOR THE CONTRACT PERIOD
COMMENCING OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009, WITH
THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME
TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED
$86,675; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $86,675
FOR FISCAL YEAR 2008-2009, FROM NON -DEPARTMENTAL ACCOUNT
NO. 00001.980000.882000, WITH FUTURE FISCAL YEAR FUNDING
SUBJECT TO BUDGETARY APPROVAL.
08-01253 Legislation.pdf
08-01253 Exhibit 1.pdf
08-01253 Summary Form.pdf
08-01253 Memo.pdf
08-01253 Memo 2.pdf
08-01253 Notice of Public Hearing.pdf
City ofMiami Page 18 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0645
Chair Sanchez: We move on to PH.2.
Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. PH.2 is a resolution
authorizing a new agreement with Belafonte Tacolcy Center to operate the Sports Development
program at Belafonte Tacolcy Center.
Vice Chair Spence -Jones: So moved.
Chair Sanchez: All right. Is there a motion? There's a motion by Vice Chair Spence Jones.
Commissioner Gonzalez: Second.
Chair Sanchez: Is there a second?
Commissioner Gonzalez: Second.
Chair Sanchez: Second by Commissioner Gonzalez. It is a resolution not -- it is a public
hearing. Anyone from the public wishing to address this item, please step forward and be
recognized? Seeing no one, hearing no one, the public hearing is closed; coming back to the
Commission. So you know, this is a 4/5th vote. It is a 4/5th vote, all right. No further discussion
on the resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.2
was approved on a 4/5, with the absence of Commissioner Marc Sarnoff, okay. Congratulations.
PH.3 08-01301 RESOLUTION
City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROJECT COOPERATION AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI
("CITY") AND THE OBC MOORE PARK, LLC TO PROVIDE AN AMOUNT NOT
EXCEEDING $2,500,000 FOR THE CITY'S PARTICIPATION IN A
COOPERATIVE PROJECT IDENTIFIED AS PROJECT NO. B-30625 KNOWN
AS "MOORE PARK ATHLETIC FIELD," TO CONSTRUCT A FOOTBALL
STADIUM AT MOORE PARK, LOCATED AT 765 NORTHWEST 36 STREET,
MIAMI, FLORIDA, WITH THE PROJECT FEATURES DESCRIBED HEREIN
AS AN ORANGE BOWL LEGACY GIFT ("THE PROJECT"), WHEREIN THE
OBC WILL CONTRIBUTE $2,500,000, AND THE CITY WILL CONTRIBUTE
MATCHING FUNDS UP TO $2,500,000; BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING,
RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S
FINDING OF AN EMERGENCY, WAIVING COMPETITIVE BIDDING
PROCEDURES TO THE EFFECT THAT IT IS IN THE PUBLIC' S BEST
INTEREST TO PERMIT AND ALLOW OBC TO DIRECT, SUPERVISE,
MANAGE AND BE RESPONSIBLE FOR THE CONSTRUCTION OF THE
City ofMiami Page 19 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
PROJECT DUE TO TIME CONSTRAINTS IN THIS PROJECT, AND IN
RECOGNITION OF CONDITIONS OF THE GRANT FUNDING FROM THE
OBC, PRECLUDING CUSTOMARY SEALED BIDDING PROCEDURES TO
ALLOW OBC TO SELECT THE QUALIFIED, LICENSED, BONDED,
CERTIFIED AND INSURED PRIVATE SECTOR GENERAL CONTRACTOR
TO BUILD THIS PROJECT BY A METHOD OTHER THAN COMPETITIVE
PROCUREMENT; FURTHER BY FOUR -FIFTHS (4/5THS) AFFIRMATIVE
VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING,
APPROVING AND CONFIRMING, THE CITY MANAGER'S WRITTEN
FINDING OF A VALID PUBLIC EMERGENCY, WAIVING CONSULTANT'S
COMPETITIVE NEGOTIATION ACT ("CCNA") PUBLIC ANNOUNCEMENT
AND QUALIFICATION PROCEDURES FOR THE RETENTION OF A CCNA
PROFESSIONAL SERVICES (ARCHITECT/ENGINEER) FOR THIS PROJECT
BY THE OBC.
08-01301 Legislation.pdf
08-01301 Exhibit.pdf
08-01301 Exhibit 2.pdf
08-01301 Exhibit 3.pdf
08-01301 Exhibit 4.pdf
08-01301 Exhibit 5.pdf
08-01301 Exhibit 6.pdf
08-01301 Exhibit 7.pdf
08-01301 Exhibit 8.pdf
08-01301 Exhibit 9.pdf
08-01301 Summary Form.pdf
08-01301 Memorandum.pdf
08-01301 Notice of Public Hearings.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, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0646
Direction by Vice Chair Spence -Jones to the Administration to develop an operational plan for
the new football stadium to be built atMoore Park in order to ensure it is able to sustain itself
without contributions by the City; further directing the City Manager to review the lack of
parking and work together with Miami -Dade County and the City's Department of Capital
Improvements and Transportation to identify additional parking; and further encouraging the
Orange Bowl Committee to reach out to and consider the utilization of local small businesses
and contractors in the area.
Chair Sanchez: We move on to PH.3. PH.3 is also a resolution requiring a 4/5th vote.
Larry Spring: Larry Spring, chief financial officer. Commissioners, this is a resolution, with a
4/5th affirmative vote, waiving competitive bidding process and authorizing the City Manager to
execute a project cooperation agreement with the Orange -- OBC (Orange Bowl Committee)
Moore Park, LLC (Limited Liability Corporation). At the last Commission meeting, this
Commission approved the acceptance of a $2.5 million grant associated with building the
Orange Bowl Legacy Project atMoore Park. This is the required legislation to move that
project forward.
Chair Sanchez: All right.
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City Commission
Meeting Minutes November 13, 2008
Mr. Spring: All right.
Chair Sanchez: This item was already in front of us --
Commissioner Gonzalez: Motion.
Chair Sanchez: -- and it --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- just needed to be --
Vice Chair Spence -Jones: Discussion.
Chair Sanchez: -- tweaked a little bit. For the record, there's a motion and a second. It is a
public hearing. The motion was proffered by Commissioner Gonzalez, second by the Vice Chair.
Before we open it up for discussion, it's a public hearing. Anyone from the public wishing to
address this item, step forward and be recognized. If not -- you have the floor, sir.
Eric Poms: This is Eric Poms. I'm the CEO (Chief Executive Officer) of the Orange Bowl
Committee, and I'm here to answer any questions you may have. We negotiated very successfully
with the City Manager and Larry Spring, CFO (Chief Financial Officer), so we appreciate the
support. And I'm here to answer any questions.
Chair Sanchez: Thank you. At this time the public hearing is closed, coming back to the
Commission. Anyone wants to discuss the item? Vice Chair --
Vice Chair Spence -Jones: Discussion.
Chair Sanchez: -- Spence -Jones.
Vice Chair Spence -Jones: First of all, I want to thank, once again, Eric and your whole team at
the Orange Bowl; also Larry -- I know that you guys have been slave -driving to get this whole
thing done -- the Parks Department and the Manager, so we're happy to have a park at least for
Commissioner Gonzalez and I 'cause we also -- once again, here's something else we share.
He's right across the street, so I'm very happy with it. I just want to make sure -- I know I see my
CIP (Capital Improvements Project) director here. Ola, we have a charrette happening this
weekend to look at the overall plan for the park because it does need to be looked at for the new
building, and hopefully, to include the stadium so that it's one comprehensive plan.
Mr. Poms: Okay.
Vice Chair Spence -Jones: And I just want to make sure that there's going to be someone there to
present --
Mr. Poms: Yes.
Vice Chair Spence -Jones: -- to the overall community --
Mr. Poms: Absolutely.
Vice Chair Spence -Jones: -- the Orange Bowl plans, so I just wanted --
Mr. Poms: Yes.
City ofMiami Page 21 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Vice Chair Spence -Jones: -- to make sure I put that on the record. Also, there were three items
that we talked about in our briefings, and I want to make sure that they remain a part of this
overall plan; and I think Larry and I had the discussion yesterday. One, I want to make sure that
there's a park -- the Parks Department actually develops an operational plan for the new
stadium. That's one of the biggest concerns I have. All the dollars we put into building these
facilities in our parks, we need to know before the park gets built what is the operational plan to
make sure that they're able to sustain themselves outside of what the City puts in on them, so I
want to make sure that that is --
Mr. Spring: We have -- we did have that in our briefing yesterday. We've had that discussion
with our Parks director, and we'll be moving forward with developing that plan.
Vice Chair Spence -Jones: Okay. The number two item, which, again, I rode by Moore Park last
night again just to make sure that wasn't insane, to kind of look at the -- how -- the lack of
space from a parking standpoint just to see if there was any other options that we could possibly
have for parking. And even last night, you know, on a Wednesday night, the park was packed
and there was no parking in the facility, so I can only imagine when two very big high school
games get into that park that there's not going to be any parking. So I'm going to ask -- and I've
requested this from my City Manager -- to work along with the County and to work along with
our Transportation Department to see whether or not we could look at identifying some
additional parking either in the area or to look at some sort of garage or something that can be
also attached as a part of the County's major plan to assist us. Because I'm telling you, Eric, as
soon as you get Miami Central and Miami Northwestern in that park, there's not going to be
anywhere to park. So I really don't want to inconvenience the residents that live in the
neighborhoods, and I want them to be able to drive out of their houses and not have an issue
with parking because of that. So I would like to at least make sure I officially put that on the
record. And then third, but -- which is something we already talked about in the last meeting,
butt want to just make sure the construction of this. I understand that now that we're actually
going to be giving the dollars to the Orange Bowl Committee, which means our regulations and
our things that we normally put on for small businesses, we really can't tell them kind of how to
do that, butl would like to strongly encourage, Eric, as you get ready to build the facility, which
is going to be done in the next 15 to 18 months, that we consider a lot of the small businesses
and contractors in the area because, again, you know, that provides the jobs to people in the
community, so I would ask that you do the same as the City does to really reach out to make sure
that we include those folks, and that was my only comments. I support this legislation 100
percent. I just want to just make sure those things are on there.
Chair Sanchez: All right.
Mr. Poms: Thank you.
Chair Sanchez: Any further comments from the Commissioners? At this time --
Commissioner Regalado: Yes.
Chair Sanchez: Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Safeguards, in terms of the money and the costs overruns.
Mr. Spring: Commissioner, to address that specifically, in the agreement it does state that the
OBC will be responsible for all cost overruns. Additionally, we have agreed to fund the project
on a 50-50 basis as the project goes along. All draws will be associated with -- each
construction draw will have to be approved by either myself or the CIP director before we
release our money to the OBC to pay that payment, and the -- I guess the last selling point of the
City ofMiami Page 22 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
10:30 A.M.
PH.4 08-01218
Department of
Community
Development
contract with regards to safeguards is the fact that if, for some event, we find some extraordinary
circumstance, soil condition, environmental condition, we both jointly have a termination right
to walk away, no liability to any party. So I think we've put the appropriate level of safeguards
into this document.
Commissioner Regalado: Thank you.
Chair Sanchez: All right. I just want to take the opportunity to praise both sides, the
Administration and the Orange Bowl Committee, for bearing with this Commission. I am glad
we were able to have ample time to review the agreement. Working with our Legal Department,
I think this contract, it is proper. I believe now it does meet that legal muster that we had. There
were some questions at first, and we didn't want to rush into it. I think it's very important, as
always, that we minimize our risks --
Mr. Spring: Right.
Chair Sanchez: -- as you want to minimize your risk. I think it is a very good agreement, and I
look forward to it. One of the issues that I wanted to just elaborate a little bit on was that the
beauty of this partnership is that they will do the procurement, they will do the supervision of the
project, and you know, of course, we will have a say in it and work with them, but at the end, we
will maintain, which is also very important. And I certainly look forward to going to that park
and seeing great football games between great rivalries, and it's just another great step this
City's doing to create -- and I know I -- you know, every time I say it -- we have come a long way
in this city when it comes to parks, you know. Even in my district, parks are a little -- improving
a little bit, all right. But we should be very proud of what we've done in our parks here in the
City because I talk to people out there, and the first thing that comes out of their mouths is our
parks are much, much better. There's a lot of activities in our parks. My kids enjoy going to the
park. I enjoy taking my family to the park, especially the Water Theme Park, which we should,
in the near future, start focusing on building another one on the other -- up north somewhere.
You know what I mean. All right, so having said that, I'm very supportive of this item. Finally,
we have come to an agreement, and hopefully, we could get it done. It is a resolution. There
was a motion and a second. Hearing no further discussion on this resolution, all in favor, say
"aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Congratulations to you guys.
Mr. Spring: Thank you.
Mr. Poms: Thank you very much.
A sign language interpreter translated discussion of items PH.4 - PH 12.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE
AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND
TARPUN BAY USA, INC., FROM SEPTEMBER 30, 2008 TO SEPTEMBER 30,
2009, FOR THE COMMERCIAL REHABILITATION AND CREATION OF SIX
(6) JOBS FOR RESIDENTS OF THE LITTLE HAITI/ DISTRICT 5 AREA;
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN
City ofMiami Page 23 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
SUBSTANTIALLY THE ATTACHED FORM, TO THE EXISTING AGREEMENT
WITH SAID AGENCY FOR SAID PURPOSE.
08-01218 Legislation.pdf
08-01218 Exhibit.pdf
08-01218 Exhibit 2.pdf
08-01218 Exhibit 3.pdf
08-01218 Summary Form.pdf
08-01218 Public Notice.pdf
08-01218 Pre Legislation.pdf
08-01218 Attachment A.pdf
08-01218 Pre Legislation 2.pdf
08-01218 Attachment A 2.pdf
08-01218 Pre Legislation 3.pdf
08-01218 Exhibit A.pdf
08-01218 Pre Legislation 4.pdf
08-01218 Exhibit A 2.pdf
08-01218 Pre Legislation 5.pdf
08-01218 Exhibit A 3.pdf
08-01218 Corporation Papers.pdf
08-01218 Letter.pdf
08-01218 Sources of Funding.pdf
08-01218 Grant Agreement.pdf
08-01218 Memo.pdf
08-01218 Disbursement Agreement.pdf
08-01218 Letter 2.pdf
08-01218 Amendment #2.pdf
08-01218 Narrative.pdf
08-01218 Exhibit C.pdf
08-01218 Budget.pdf
08-01218 Cost Allocation.pdf
08-01218 Amendment #1pdf
08-01218 Exhibit B.pdf
08-01218 Exhibit C 2.pdf
08-01218 Budget Form I.pdf
08-01218 Agreement.pdf
08-01218 Budget Form 1 2.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Sarnoff and Regalado
R-08-0635
Chair Sanchez: Why don't we --? The -- let's get back to the PH (Public Hearing) through --
PH.12. They had been properly advertised at 10:30. We do have the interpreter present. We'll
get her out of here as quickly as possible. Let's get to that, and then we're just going to go up the
agenda and start working down, all right? We got to catch up. All right, PH 4. Let's go.
Alfredo Duran (Assistant Director, Community Development): Good morning.
Vice Chair Spence -Jones: Mr. Chairman.
Chair Sanchez: Let's -- we'll get to them. They're going to require a four fifth vote. We'll get to
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City Commission
Meeting Minutes November 13, 2008
them. Come on.
Commissioner Gonzalez: Okay.
Chair Sanchez: Bear with me. Work with the Chair.
Commissioner Gonzalez: PH --
Mr. Duran: Good morning again.
Chair Sanchez: All right.
Mr. Duran: Alfredo Duran, with the Department of Community Development. PH 4 is a
resolution which authorizes the extension of an agreement. It's a CDBC (Community
Development Block Grant) contract between the City of Miami and Tarpon Bay USA. This is an
economic development project. It's a restaurant that is being rehabilitated and will provide job
opportunities for the area residents. We are recommending that the contract be extended to
September 30, 2009.
Commissioner Gonzalez: Move it.
Chair Sanchez: All right.
Vice Chair Spence -Jones: Second.
Chair Sanchez: All right. There's a motion and a second. Before we do that, it requires a
public hearing. Anyone from the public wishing to address this item, please step forward and be
recognized. Good morning, Leroy.
Leroy Jones: Good morning. Leroy Jones, executive director of Neighbors and Neighbors
Association. I just want to say that we making great progress with this project. The owner's part
is probably about -- they probably still got about -- only about seven percent of the stuff that they
need to finish, and the only thing we waiting now is a couple of more bids for the equipment. But
the tile has been installed on the floor, the inside has been painted, half of the outside, which,
according to our timeline, was supposed to been done within ten days, is already -- half of it is
already done, so we making real good progress with this project. So within a matter of days or a
week or so, we should be right at the point for the inspectors to come in to make sure that the
equipment can be installed. But remember, we can't get the CU (Certificate of Understanding)
without the equipment installed, but the inspectors can inspect it to make sure that everything is
set up properly for the equipment to be installed, so we're making great progress; this thing
going to be done soon.
Chair Sanchez: Thank you.
Vice Chair Spence -Jones: Thank you, Leroy.
Chair Sanchez: All right. Anyone else from the public wishing to address this item? If not, it
comes back to the Commission. Is there a motion?
Vice Chair Spence -Jones: You had a motion.
Chair Sanchez: There's a motion and a second, for the record. No further discussion on the
resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
City ofMiami Page 25 Printed on 12/8/2008
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Meeting Minutes November 13, 2008
PH.5 08-01219
Department of
Community
Development
Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH4, which is a
resolution, was approved, 3/0, with the absence of Commissioner Sarnoff and Commissioner
Regalado. All right, PH --
Mr. Jones: Commissioner, before you go to the next item, I just want to thank CD (Community
Development) for working with us with this project because we really have been meeting and
we've been issuing -- ironing out the things that we need to move forward and they've been
working real closely with us, so I just want to thank them for being patient with us --
Chair Sanchez: Thank you.
Mr. Jones: -- and understanding the problems we've been having with this project to move it
forward, so I just --
Chair Sanchez: Thank you.
Mr. Jones: -- want to thank them for that.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), RESCINDING RESOLUTION NO. 07-0137, ADOPTED
MARCH 8, 2007, RELATING TO THE CONVEYANCE OF THE FIVE (5) CITY
OF MIAMI OWNED PARCELS OF LAND, LEGALLY DESCRIBED IN EXHIBIT
"A", ATTACHED AND INCORPORATED, TO PARKVIEW GARDENS, L.P.,
FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR ELIGIBLE
LOW AND MODERATE INCOME PERSONS; AUTHORIZING THE
CONVEYANCE OF SAID FIVE (5) CITY OF MIAMI OWNED PARCELS OF
LAND, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED, WITH PARCEL REVERTER PROVISIONS, TO
PARKVIEW GARDENS, LTD. FOR THE DEVELOPMENT OF AFFORDABLE
HOUSING FOR ELIGIBLE LOW AND MODERATE INCOME PERSONS;
FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM FOR SAID
PURPOSE.
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Meeting Minutes November 13, 2008
08-01219 Legislation.pdf
08-01219 Exhibit.pdf
08-01219 Exhibit 2.pdf
08-01219 Summary Form.pdf
08-01219 Public Notice.pdf
08-01219 Pre Legislation.pdf
08-01219 Attachment A.pdf
08-01219 Agreement.pdf
08-01219 Pre Legislation 2.pdf
08-01219 Attachment A 2.pdf
08-01219 Pre Summary Form.pdf
08-01219 Petition.pdf
08-01219 Certification.pdf
08-01219 Exhibit 11.pdf
08-01219 Letter.pdf
08-01219 Order Granting.pdf
08-01219 Letter 2.pdf
08-01219 Memo.pdf
08-01219 Corporation Papers.pdf
08-01219 Certificate of Partnership.pdf
08-01219 Directors List.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Sarnoff and Regalado
R-08-0636
Chair Sanchez: All right. PH.5 is also a resolution from the Department of Community
Development.
Alfredo Duran (Assistant Director, Community Development): Yes. PH.5 is a resolution
rescinding Resolution 07-0137, which was conveying five City -owned parcels of land to Carlisle
Housing Group. In March of '07, the Commission, through Resolution 137 -- 07-137, conveyed
five parcels to a partnership between Carlisle Group and Tacolcy Economic Development for a
tax credit project -- affordable housing tax credit project. In September of that year, Carlisle felt
that they -- this project did not meet their business's economic or feasible for them, and they
petitioned with the state of Florida to change the name of the owners; and in came Carr Four,
which is a supportive housing also nonprofit organization. This resolution is requesting that we
now convey property to the correct ownership structure. It would be -- which would be Park
View Gardens, Ltd (Limited).
Chair Sanchez: All right. So it's very simple. It just replaces (UNINTELLIGIBLE) with
Carrfour, okay. All right, is there a motion?
Commissioner Regalado: Motion.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Motion has been proffered by Commissioner Gonzalez, second by the Vice
Chair. It's a public hearing. Anyone from the public wishing to address this item, please step
forward. Seeing no one, the public hearing is closed; coming back to the Commission. It's a
resolution. We're voting on item PH.5. All in favor, say "aye. "
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Meeting Minutes November 13, 2008
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Ladies and gentlemen,
it's been approved, 3/0, with the absence of Commissioner Sarnoff and Commissioner Regalado.
PH.6 08-01220 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT
Community (S), AUTHORIZING THE CITY MANAGER TO EXTEND THE CONTRACT
Development FROM SEPTEMBER 30, 2008 TO SEPTEMBER 30, 2009 BETWEEN THE
CITY OF MIAMI AND ALLAPATTAH BUSINESS DEVELOPMENT
AUTHORITY, INC.; AUTHORIZING THE TRANSFER OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $60,000,
FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY
DEVELOPMENT HOUSING ACTIVITIES, ALLOCATING SAID FUNDS TO
ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. TO
PROVIDE HOUSING AND QUALITY STANDARD INSPECTION SERVICES
FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER
AND MODERATE REHABILITATION PROGRAMS AND HOUSING
OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY
AGREEMENTS WITH SAID AGENCY, FOR SAID PURPOSE.
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Meeting Minutes November 13, 2008
08-01220 Legislation.pdf
08-01220 Exhibit.pdf
08-01220 Summary Form.pdf
08-01220 Exhibit A.pdf
08-01220 Public Notice.pdf
08-01220 Pre Legislation.pdf
08-01220 Exhibit A 2.pdf
08-01220 Pre Summary Form.pdf
08-01220 Pre Advertisement.pdf
08-01220 Text File Report.pdf
08-01220 Attachment A.pdf
08-01220 Text File Report 2.pdf
08-01220 Attachment A 2.pdf
08-01220 Text File Report 3.pdf
08-01220 Attachment A 3.pdf
08-01220 Corporation Papers.pdf
08-01220 Agreement.pdf
08-01220 Corporate Reso.pdf
08-01220 Exhibit B.pdf
08-01220 Exhibit C.pdf
08-01220 Budget Form I.pdf
08-01220 Salary Forecast.pdf
08-01220 Budget Form III.pdf
08-01220 Certification.pdf
08-01220 Sworn Statement.pdf
08-01220 Exhibit G.pdf
08-01220 Insurance.pdf
08-01220 Insurance 2.pdf
08-01220 Letter.pdf
08-01220 Pre Legislation 2.pdf
08-01220 Exhibit A 3.pdf
08-01220 Insurance Approval Form.pdf
08-01220 Amendment 1pdf
08-01220 Exhibit B 2.pdf
08-01220 Corporate Resolution 2.pdf
08-01220 Exhibit G 2.pdf
08-01220 Insurance 3.pdf
08-01220 Insurance 4.pdf
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Sarnoff and Regalado
R-08-0637
Chair Sanchez: PH.6 is also a resolution.
Alfredo Duran (Assistant Director, Community Development): Yes. PH.6 is a resolution
authorizing a contract extension until September 30, '09 between the City ofMiami andABDA
(Allapattah Business Development Agency), Allapattah --
Chair Sanchez: Motion?
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Meeting Minutes November 13, 2008
Vice Chair Spence -Jones: So moved.
Chair Sanchez: All right. It's a motion by --
Commissioner Gonzalez: Second.
Chair Sanchez: -- the Vice Chair, second --
Mr. Duran: Thank you.
Commissioner Gonzalez: Second.
Chair Sanchez: -- by Commissioner Gonzalez. It's a public -- it requires a public hearing.
Anyone from the public wishing to address this item, please step forward. Seeing no one, the
public hearing is closed, coming back to the Commission. Hearing no further discussion on
PH.6, all in favor, say "aye. "
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." It's been approved, 3/0,
with the absence of Commissioner Sarnoff and Commissioner Regalado.
PH.7 08-01222 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.
08-01222 Legislation.pdf
08-01222-Exhibit 1-SUB.pdf
08-01222 Summary Form.pdf
08-01222 Public Notice.pdf
SPONSOR:HONORABLE MAYOR DIAZ
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Sarnoff and Regalado
R-08-0638
Direction by Chair Sanchez to the Administration to conduct community outreach relating to the
Foreclosure Prevention Program for qualified City residents affected by the foreclosure crisis.
Chair Sanchez: We move on to PH.7.
Alfredo Duran (Assistant Director, Community Development): PH.7 is a resolution approving
the City ofMiami's Foreclosure Prevention Program, the guidelines and program descriptions.
The Neighborhood Stabilization Program, which will be heard after this, it's a program that
deals with foreclosed properties, but unfortunately, it does not provide prevention, assistance
prevention; and through the support and -- of the Mayor, Manny Diaz, the City's Department of
Community Development created the Foreclosure Prevention Program, which will provide
assistance to the City's low-income residents that are facing foreclosure, that are having
difficulties in meeting their payments, and we will work through HUD (Department of Housing
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Meeting Minutes November 13, 2008
and Urban Development) -certified agencies that will do loan mitigation and assist these families
in preventing these foreclosures. This program will permit or provide up to $7, 500 per person to
allow them to prevent the foreclosure.
Commissioner Gonzalez: Move it.
Chair Sanchez: All right, there's a motion.
Mr. Duran: There's one modification we would like to make on the floor, and it's the inclusion
that a homeowner must not own any other property at the time of assistance. It's --
Chair Sanchez: Well, absolutely. They have to have -- so it's home -- only homestead
properties, correct?
Mr. Duran: That's correct.
Chair Sanchez: All right. Okay, that modification has been proffered. There is still -- is --
Vice Chair Spence -Jones: You have a second?
Chair Sanchez: Mr. -- Commissioner Gonzalez, do you accept the modification?
Commissioner Gonzalez: Yes, I do.
Chair Sanchez: All right, the maker of the motion accepts the modification; also the Vice Chair,
who second the item, which is RE.7. Now, this is -- clearly need to be defined that it is a
prevention program --
Mr. Duran: Correct.
Chair Sanchez: -- okay, and all you're doing is just establishing the process and the guidelines.
Mr. Duran: Correct.
Chair Sanchez: -- okay. There are more elements --
Vice Chair Spence -Jones: Yes.
Chair Sanchez: -- to this plan.
Mr. Duran: Yes.
Chair Sanchez: Okay. No further discussion. It is a public hearing. Anyone from the public
that wants to speak on the item, please stand up and be recognized. Okay, there is none. Just --
I want to make one comment. I know that they had one meeting pertaining to this, and I know
they're going to be having meeting at Jose Marti -- I'm sorry; the Artime --
Pedro G. Hernandez (City Manager): Artime.
Chair Sanchez: -- Theater. I think it's important that we reach out to all those that are being
affected by this crisis in our city and let them know that, you know, there is local assistance. I
know that we've gotten 12 million and the County's gotten $62 million, but I think it's important
that we do the outreach to let people know that there's assistance to them if they qualify. All
right. Any further discussion on the item?
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Meeting Minutes November 13, 2008
Vice Chair Spence -Jones: Yes, Mr. Chairman. I'm going to -- since there's several items
regarding this issue, I'm going to wait till PH 11 to have more discussion, okay?
Chair Sanchez: Okay. All right. Thank you so much. All right. PH 7, it's a resolution. There's
been a motion and a second. It has been opened to the public. Seeing no one from the public,
we're voting on the item, PH 7. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
PH.8 08-01221 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE TRANSFER OF STATE HOUSING
INITIATIVE PROGRAM FUNDS, IN THE AMOUNT NOT TO EXCEED
$500,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI
DEPARTMENT OF COMMUNITY DEVELOPMENT FOR THE
IMPLEMENTATION OF THE FORECLOSURE PREVENTION PROGRAM.
08-01221 Legislation.pdf
08-01221 Exhibit.pdf
08-01221 Summary Form.pdf
08-01221 Public Notice.pdf
SPONSOR:HONORABLE MAYOR DIAZ
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Sarnoff and Regalado
R-08-0639
Direction by Chair Sanchez to the Administration to conduct community outreach through all
available avenues and in all languages regarding the City's Foreclosure Prevention Program,
and to include community and church organizations.
Chair Sanchez: And we move on to PH --
Alfredo Duran (Assistant Director, Community Development): 8.
Commissioner Gonzalez: 8.
Chair Sanchez: -- 8. PH.8.
Mr. Duran: The Foreclosure Prevention Program will be funded through the State Housing
Initiative Partnership Program, the SHIP program, and we're allocating $500, 000 towards this
program. This resolution authorizes the transfer of those $500, 000 for this purpose.
Chair Sanchez: All right. Is there a motion?
Commissioner Gonzalez: I'll move it.
Vice Chair Spence -Jones: Second.
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Meeting Minutes November 13, 2008
Chair Sanchez: Is there a second? All right, there's a motion and a second. Before we
deliberate on the item, is there 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. Once again, just want to make the recommendation that you reach out to the entire
community through all the avenues that exist, in all the languages, to make sure that we do
everything within our power to reach out to our community, okay, to include organizations,
community organizations, even church organizations on this item? All right, no further
discussion on the item. We are voting on PH 8, which is a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH.8 has been
approved.
PH.9 08-01228 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.
08-01228 Legislation.pdf
08-01228 Exhibit.pdf
08-01228 Summary Form.pdf
08-01228 Public Notice.pdf
08-01228 Pre Legislation.pdf
08-01228 Local Hosuing Plan.pdf
SPONSOR:HONORABLE MAYOR DIAZ
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones
Absent: 2 - Commissioner Sarnoff and Regalado
R-08-0640
Chair Sanchez: And we go to PH.9.
Alfredo Duran (Assistant Director, Community Development): Any modifications made to the
State Housing Initiative partnership program needs to be included in our local housing
assistance plan and sent to the State of Florida. The modification of the inclusion of the
Foreclosure Prevention Program, as well as the modification of increasing our homebuyer
assistance allocations from the 40,000 to the maximum allowable, are two amendments that need
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Meeting Minutes November 13, 2008
to be approved by the State. This resolution is authorizing the City Manager to submit this new
plan to the State.
Chair Sanchez: All right. Is there a motion on this resolution?
Commissioner Gonzalez: Move --
Vice Chair Spence -Jones: Second.
Commissioner Gonzalez: -- PH.9.
Chair Sanchez: The motion --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- has been proffered by Commissioner Gonzalez, second by the Chair [sic].
Before we open it up for discussion, it requires a public hearing. Anyone from the public
wishing to address this item, please stand up and identify yourself. Seeing no one, for the
record, the public hearing is closed; coming back to the Commission. No further discussion on
the Commissioner [sic]. Madam Clerk, we're voting on PH.9, which is a resolution. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH.9 has been
approved, 3/0, with the absence of Commissioner Sarnoff and Commissioner Regalado.
PH.10 08-01224 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN
THE AMOUNT OF $12,063,702, CONSISTING OF A GRANT FROM THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, FOR THE IMPLEMENTATION OF THE NEIGHBORHOOD
STABILIZATION PROGRAM UNDER THE HOUSING AND ECONOMIC
RECOVERY ACT OF 2008; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO
THE CITY ATTORNEY, TO IMPLEMENT ACCEPTANCE OF SAID GRANT.
08-01224 Legislation.pdf
08-01224 Summary Form.pdf
08-01224 Public Notice.pdf
08-01224 Letter.pdf
08-01224 New Release.pdf
08-01224 List.pdf
SPONSOR:HONORABLE MAYOR DIAZ
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, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0641
Chair Sanchez: PH.10.
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George Mensah: George Mensah, director of Community Development. Mr. Chair, PH 10 is a
resolution accepting funding in the amount of $12, 063, 702 for the Neighborhood Stabilization
Program.
Commissioner Gonzalez: Move it without any questions.
Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by the Vice
Chair. It's a resolution. Anyone wishing to address this item, please step forward.
Mr. Mensah: That's the next one.
Chair Sanchez: Good morning. State your name and address for the record.
Mr. Mensah: That's the next one.
Leroy Jones: That's the next one.
Chair Sanchez: It's the next one that they --?
Mr. Mensah: (UNINTELLIGIBLE), yeah.
Chair Sanchez: Okay. All right, so the public hearing is closed, coming back to the
Commission. We're on PH 10, which is a resolution. Any further discussion on PH 10?
Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
PH.11 08-01227 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") AMENDED
ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009, ATTACHED AND
INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE
CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR REVIEW AND APPROVAL.
08-01227 Legislation.pdf
08-01227 Exhibit.pdf
08-01227 Summary Form.pdf
08-01227 Public Notice.pdf
08-01227 Memo.pdf
SPONSOR:HONORABLE MAYOR DIAZ
Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0642
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record.
George Mensah (Director, Community Development): Mr. Chair, PH 11 is the City's amended
annual action plan for years 2008/2009 that seeks to implement the Neighborhood Stabilization
Program, and before I continue, I would want to put these maps up here. Mr. Chair, as you
know, the Legislature -- the U.S. Congress approved the Neighborhood Stabilization plan and
provided $3.92 billion to local governments and states around the country to implement the
Neighborhood Stabilization Program. Now, before cities can take this money, the cities are
required to substantially amend our annual action plan, which you approved in June to submit it
to HUD (Department of Housing and Urban Development) for the implementation of all funding
that we get from the federal government. Now, this particular plan, which we've amended now,
seeks to tell the federal government what the City -- the strategies that the City intends to use for
this particular funding. To be able to do this, we are required to analyze our community and use
the funds in what HUD refer to as "Areas of Greatest Need." So in order to do that, what we did
was that we looked at data that is available to the City. You have in front of you a map that
shows the data of currently foreclosed homes as well as homes that are currently in the process
of being foreclosed. We got this information from Realty Track, which provides -- actually, it
provide data for most of the country in terms of population data. As you can see, these dots are
pretty much scattered throughout our city. No district and no neighborhood is actually spared
about this foreclosure issues. The next graph shows you, by district, where the foreclosures is
actually occurring. As you can see, the highest foreclosure is occurring in Disfrict 2. Now, the
reason why you don't see the same cluster of points on the previous map is that in District 2, we
have a higher concentration of condos. With condos the mapping software is unable to detect
the address and not unit numbers, so it can have one dot, which probably can represent 10, 15
or 20 foreclosures, so this is actually what it looks like (UNINTELLIGIBLE) distribution of
foreclosures in our city. The next map shows -- what we also did is that we looked at -- we went
to Code Enforcement and collected data from Code Enforcement as to where we have vacant
and abandoned property that is deteriorating. So, as you can see, this picture, this graph here
shows the distribution of abandoned properties in the City and also the deterioration level. You
can also see that this particular information actually mirrors the first information that we put
forward where it shows the foreclosures, so there's some type of correlation between foreclosure
activity and abandonment in the City. Now earlier on we discussed about the concentration of
these foreclosures. This map shows you the income distribution in the City. This program is
geared towards families making up to 120 percent of median income. So we showed you that
whereas most other cities actually qualify for the program, which is the green areas under 120
percent of median, Disfrict 2 and around our shores are in red, which means they actually don't
qualify; their incomes, they are higher than the 120 percent median income. The next map you
see there is the concentration of subprime loans, so these are areas where 50 percent of all the
loans made in those neighborhoods are subprime, so -- which means that we only looked at 50
percent. And then this one is what HUD referred to as the "Risk of Foreclosure." HUD used
that information, which included vacant addresses, unemployment, and income levels in our
neighborhoods, and HUD listed a score of what HUD referred to as a -- the "Risk of
Foreclosure and Abandonment." The ten is the red areas, which means that is the highest
possible risk offoreclosure and abandonment in the community, so we did that graph just to
show where we have our highest risk of foreclosures. What we then did was we looked at other
information that I have told you previously, and we lay it on top of each other. This morning the
Mayor was talking about GIS (Geographic Information Systems) information. This is what GIS
allows us to do. We are able to layer all the previous maps that we've shown to see where the
concentration of these issues, in terms of abandonment and foreclosure occurs most in our city.
Using this we're able to determine where the areas of greatest needs in the City is currently, so
while -- based on these graph -- and you see that it mirrors this graph, this map here -- you see
that those areas that we've shown there are areas that we are looking at as the areas of greatest
need. So based on this, we then looked at what we can use the money for. There are five
strategies by legislation and by regulation which allows us -- which we can use this money for.
The first one was establishing finance and mechanism. The second was that the money can be
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used to purchase and rehab homes and residential properties. The third was that we can
establish land banks for homes that have been foreclosed upon. And the fifth one is that the
funds can be used to redevelop the demolished or vacant properties. Because this is a
substantial amendment that requires the approval of HUD, what we did was that we looked at
the fact that instead of taking one or two sfrategies and submitting it to HUD, we decided that we
would rather use all those sfrategies and allocate funding for each of the strategies that we can -
- that we are allowed to do; and by doing that, what that allows us to do is that in case during
the implementation process --
Chair Sanchez: We're about to lose one Commissioner, who -- so we're going to have to hold on
just a minute till we get one more Commissioner so we could have a quorum. If we all work
together, we could get through this voluminous agenda today. Those of you who do not -- are
not aware, usually in November and December we combine both Commission meetings together
and it's a long, long day; so bear with us, and hopefully, we could get through it. All right, we
have a quorum, George. We're back on the record.
Mr. Mensah: Yes. Okay. So these five sfrategies are what the City ofMiami -- which is
basically all the sfrategies that the funds can be used. And what we've done is that we've
allocated these funds for that program, for those particular strategies. I want to state to you that
this is just the first step of approval. This allows us -- this is what refer to as the framework for
the program, which will then be taken to HUD, and HUD will approve it. In January we will
come to Commission again and provide to you the procedures and implementations of this
particular program, and this will include actual limits, what type of properties the City will be
purchasing, what type of authority the City Manager will have to able to purchase these
properties in a timely fashion; and so those are what will come to you to be able to -- in general,
so we can be able to implement this program. We did not include such minute details in here
because if you do that, any time you make changes to it, you have to go back to HUD for
approval. In terms of the categories, the categories can always be changed. The amounts that
we've allocated can be changed. If we change the amount, it doesn't need HUD's approval, but
rather it needs HUD to be informed. So for example, if we decide to make any changes outside
(UNINTELLIGIBLE) approve, we would just inform HUD that we've moved a million dollars
from Category A to Category B, and that is all that we are required to do. So at this juncture
what I'm asking the Commission to do is to approve this plan so we can submit it to HUD by
December 1 for approval. We've already had one meeting (UNINTELLIGIBLE) -- the
requirements on this program is just to publish this information on the HUD -- on the Website.
We went a step further; had a meeting, which we wanted to really talk to developers and
nonprofits to see how we can make this work. We had the meeting in Hadley Park; we plan
another one for Tuesday in Artime, and we will continue to provide information. You will have
information on meetings on the evenings in January, when we -- the City Commission approves
the implementation and procedures for this particular program. So I recommend that you
approve this.
Chair Sanchez: Okay. We are on PH 11. We have --
Mr. Mensah: Yes.
Chair Sanchez: -- not gotten a motion or a second to discuss this item. Need a motion and a
second for the item.
Commissioner Regalado: Move it.
Chair Sanchez: The motion has --
Vice Chair Spence -Jones: Second.
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Chair Sanchez: -- been proffered by Commissioner Regalado, second by Vice Chair
Spence -Jones. Before we open it up for discussion, does anyone from the public wish to address
this item, please step forward and be recognized. Please state your name and address for the
record, and you'll have two minutes.
Leroy Jones: Leroy Jones, director of Neighbors and Neighbors Association, 180 Northwest
62nd Street. I did attend the meeting yesterday. It was a real good, informative meeting. I think
staff did a great job delivering this project to the community. It's one thing that I want to put on
the record, particular, is that where -- I understand this process is mainly geared around
residential and -- residential, but -- and on the activity strategy, it does mention demolishing
blighted structures, and we just want to make sure that -- and we know that this process allow
commercial structures to be demolished and probably commercial structures to be purchased
through this process, but we want to make sure that the land uses doesn't change to residential if
it's already commercial, that it stays commercial, and that the commercial community, the
business community get the opportunity to participate, and for example, on the Housing
Economic Recovery Act, in the Neighborhoods Stabilization program, item PG-42, it does says --
and I'll be finished in one minute. No. I'm sorry; I got the wrong PG. It's PG-30. It says
NRSP, the program funds may be used to redevelop, acquire property for nonresidential use,
such as public parks, commercial use and mixed -use residential. So we just want to make sure
that this mission is to eliminate slum and blight and to deal with the foreclosure issue, but
remember, a community is only as good as its businesses; and anyplace in this country where
you see businesses thriving, the community thrive. If the businesses die or dead, the community
look the same way. So I'm just hoping that we can put a lot of emphasis on commercial and the
business aspect in this process because in some of our neighborhoods, the businesses is dying
out; and if we don't save the businesses, we can't save the community.
Chair Sanchez: Thank you, Leroy.
Mr. Jones: Thank you.
Chair Sanchez: You made your point well. Next speaker. Two minutes. All those that will be
speaking in front of this Commission, please register with the City Clerk.
Schiller Jerome: Good morning, Commissioners. My name is Schiller Jerome --
Chair Sanchez: Good morning.
Mr. Jerome: -- property address 24 Northeast 47th Street. And yesterday, I also had the
opportunity to attend the meeting that the Community Development held, and I have a few
comments about it. I do hope that some of the concerns and the suggestions that were made by
the community is included in the next reading. And also, part of this plan that HUD wanted to
emphasize was incorporating green building -- incorporating green retrofitting of these homes,
and I -- hopefully, in the next reading the Community Development plan would also include that.
Another part is the funding, how the funding is allocated. As you know, Commissioner Jones
[sic] and Commissioner Gonzalez district is the district with the most area of greatest needs, so
hopefully, we can comply with that aspect of HUD based on the way that the funding is allocated
for this plan. And also part of Mr. Mensah plan does include the use of land banks in which I,
from my experience, is a little bit worried about that as far as how feasible and also how
practical the use of land bank is in the City of Miami. And also the budget and the performance
measures that were used seems to not really reflect the real prices, such as the average price of a
home, both foreclosure and retail. And also, I do want to agree to what Mr. -- my -- the previous
counterpart said as far as incorporating some green -- some commercial and mixed use in this
plan. Thank you.
Chair Sanchez: Thank you. Next speaker.
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Ken Knight: Ken Knight, the Affordable Safe Housing Coalition. We like the plan,
Commissioners, but there again, there is a concern about the administrative costs because given
some of the practices of the past, this can be viewed as double dipping because you already have
people working for the City, and we don't see where you need a million five in adminisfrative
costs when we can take that money and, there again, go toward preventing any future
foreclosures because, there again, we're falling short with the housing rehabilitation program.
We haven't had enough applicants, and then -- and there again, some of those -- the reason why
people are in foreclosure is because they couldn't stay in the homes in the first place because
they got blue roofs and et cetera, so the -- we see this as almost like double dipping because if
they're already getting paid on the City's payroll, then why are we going to incur a million five
when we can take that money and put it directly to the homeowners to prevent foreclosures?
And I told Mr. Mensah of that concern. I told him that we need to do more for housing
rehabilitation because that's why people aren't in their homes in the first place. So let's stop the
double dipping. Put that million five in the program, program dollars to directly equip the
homeowners. That's what it was intended for, for HUD and not adminisfrative costs. We thank
you for your time.
Chair Sanchez: Thank you, sir. Okay, anyone else? That closes the public hearing, and it
comes back to the Commission. It's been -- we've had a motion and a second on PH 11.
Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Thank you very much, Mr. Chairman. How old are these maps?
Mr. Mensah: These are very recent. The last map that we did, in terms of foreclosure amount, is
up to September -- no, October, October 30, 2008. The information got from HUD is the actual
information that was used in designing -- distribution of the funds, so they are very, very current.
Commissioner Regalado: Yes. But the October foreclosure figures came out today. HUD
released the figures today, 279,500 foreclosures. It's five percent more than September,
twenty-five percent more than October of last year. At the same time, in the last five days --
Mr. Mensah: Yes.
Commissioner Regalado: -- first Citigroup, who holds millions of mortgages, announced a new
program to restructure --
Mr. Mensah: Loans.
Commissioner Regalado: -- foreclosures throughout the United States --
Mr. Mensah: Yes.
Commissioner Regalado: -- including several dozens of thousands in South Florida. This
morning Fannie Mae and Freddie Mac announced that they would initiate an aggressive
program for people who had not paid the mortgage for three month. What I'm trying to say is
that this is a fast-moving market and it cannot be dealt by the City government because I'm sure
that these maps are at least three weeks, two weeks --
Mr. Mensah: Yeah.
Commissioner Regalado: -- old.
Mr. Mensah: Yeah.
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Commissioner Regalado: So that's all in the past. Number one, the maps are not accurate
because those dots that are shown in Disfrict 2 -- and that you mentioned that --
Mr. Mensah: Yes.
Commissioner Regalado: -- it's because there are many --
Mr. Mensah: Yes.
Commissioner Regalado: -- condos. These are not people that are losing their homes. These
are people that are losing their deposit because they're speculators, and they have not paid the
rest, or they have not closed on their condos; so these are not people that are losing their homes.
Mr. Mensah: Mr. Commissioner, I just wanted to make a point that the information that we got
from Realty Track -- these are (UNINTELLIGIBLE) -- what they provided is lis pendens, and I
believe lis pendens happens when somebody hasn't paid their mortgage for at least 30 days -- 90
days or so --
Commissioner Regalado: Ninety days.
Mr. Mensah: -- and lis pendens is filed. So these are people who actually own their property. I
agree with you that they could be investors that, you know, live somewhere and just
(UNINTELLIGIBLE). The information we have does not determine whether they're investors or
homeowners.
Commissioner Regalado: But I -- I'm telling you that I would challenge you in terms of the
numbers. There -- that map is artificial because the numbers are real in Disfrict 5, District 1,
Disfrict 4, because I know of people that are losing --
Mr. Mensah: Yeah.
Commissioner Regalado: -- their homes in District 4, and what I really -- I am very concerned
in the fact that we are not looking at going to the different communities and different
communities' organizations that already know who is losing their home. And frankly, I do agree
with the gentleman that 1.5 for staff if it's going to the City staff it's not fair. If it's going to fry
to get community groups to tell us, identify, do the paperwork, do the outreach, I'm fine with that,
which I don't know if that's too much, but -- I just hope that this doesn't become another layer of
bureaucracy, and you know, that we can claim on a press release that we have saved so many
homes and in reality we don't. And I just hope that we, the City, do not discriminate against a
district that is totally Hispanic, like Disfrict 4, and -- because I understand and I fully agree and
support that we should attack the areas with more foreclosure because this is what would save a
neighborhood, but there're -- we're dealing with human beings here, and there are people who
really are losing their homes, maybe one family, maybe two families; that these people have to
go and live with the sexual predators under the bridge because they don't have a place to go. So
I just -- I'm very uncomfortable if you don't explain the amount of money that we are using for
Administration. How is that money going to be used and how is the program going to be
presented to the people? So maybe you can explain.
Mr. Mensah: In terms of -- what we've done is that we've just allocated the 10 percent that is
allowed for Administration, which is $1.2 million. If you give this project any sort of strategies
to a nonprofit to manage it on behalf of the City, that money will have to go through a nonprofit,
so this is where we will come in January to look at how we implement this particular program.
Right now this is just the framework of what the monies will go to, but in terms of whether this
$1.2 million actually goes to City staff to manage the program or to go to a nonprofit to manage
the program, that is something that we will discuss in January. We'll bring it to you in January.
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Commissioner Regalado: Okay.
Chair Sanchez: All right. Vice Chair Spence -Jones --
Vice Chair Spence -Jones: Thank you, Mr. --
Chair Sanchez: -- followed by Commissioner Gonzalez.
Vice Chair Spence -Jones: Thank you, Mr. Chairman. First of all, I want to commend the staff
along with the Mayor's office and everybody and the Manager's office with pulling together some
sort of program. I know that we had a very short time frame --
Mensah: Yes, we did.
Vice Chair Spence -Jones: -- to make all of this happen, and I do understand we weren't [sic]
not the only municipality that also received funding. I believe the County --
Mensah: Yes.
Vice Chair Spence -Jones: -- received about $60 million or $62 million as well, and hopefully,
we can match so of those dollars with some of these projects to really do some incredible things.
I think that it's extremely important because foreclosure issue is a huge issue not just in Miami
but across the country, but as we talk about it in Miami, for those folks that are watching it on
television, for them to fruly -- they can't see the little boards, they can't, you know -- only thing
they can do is hear the presentations and kind of get a sense of what's happening, so I just want
you to clear up some key things for me, George, not just for us but for those that are watching.
Mr. Mensah: Okay.
Vice Chair Spence -Jones: I know that you've created a lot of strategies to address the problems.
Mr. Mensah: Yes.
Vice Chair Spence -Jones: You've already stated -- and I just want to be clear. Even though
you've outlined five different objectives, these are objectives are flexible; correct?
Mr. Mensah: Yes, they are flexible.
Vice Chair Spence -Jones: Okay. One of the biggest issues -- I know that Commissioner
Gonzalez's district -- and I know this comes -- has come up -- along with my district, appears to
be the disfrict that's going to be targeted -- has been targeted the most by these maps.
Mr. Mensah: Yes.
Vice Chair Spence -Jones: And I do understand my colleagues' concerns because they, quite
frankly, still have, you know, foreclosures and the same type of things that are happening, maybe
not to the magnitude of us, but they still have concerns that are happening for their residents;
and they're still getting the phone calls, and they -- their item still need to be addressed. And I
just want to be assured -- because it seems like all the time D5, you know, always -- or my
disfrict is always the disfrict -- when it comes to anything HUD -related, we appear to be getting
most of the funds most of the time; correct?
Mr. Mensah: Yes. This program does not preclude us from assisting any property in any
district. We'll be able to do that. What we are required to do is to target those areas of greatest
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needs and, basically, what it means is that we'll reach out to people -- to those areas -- we'll
reach out -- for example, on the abandoned properties that we showed you, we're reaching out to
everyone.
Vice Chair Spence -Jones: Right.
Mr. Mensah: One thing that we have to note here is that we have only 18 months to commit
these funds and four years to spend the money. As you know, this is a very short, compressed
time period. What we don't want to do is to restrict ourself in such a way that 18 months will
come and we're not there yet, so by doing what we've done is that we said we will target those
areas because those are the rates that we are required by law to (UNINTELLIGIBLE), but it can
go to any other --
Vice Chair Spence -Jones: No. I just want to make sure you put it physically on the record
because, again, you know, I know that my colleagues have to address their residents and address
their constituents around these issues.
Mr. Mensah: Okay. Yes.
Vice Chair Spence -Jones: And everybody's been waiting for this money from the federal
government to come down and now the money's here; there's, you know, serious restrictions on
where the money can be spent --
Mr. Mensah: Okay.
Vice Chair Spence -Jones: -- but I'm sure that part of this is just, you know, their concerns with
making sure that there's just enough drive going into their areas and supporting their areas as it
would be because we are priorities --
Mr. Mensah: Yeah.
Vice Chair Spence -Jones: -- based upon HUD's requirement, district -- Commissioner
Gonzalez's district and mine; that they just want to be assured that the Department itself will do
everything to also --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- assist them in their areas.
Mr. Mensah: Yes, we will.
Vice Chair Spence -Jones: I know for a fact that my district it is a big -- a huge, huge issue. And
I just learned yesterday or the day before yesterday your district was in the same position as
mine, so I do realize that we will -- our areas will be a priority, but I just want to make sure that
the staff really focus their energies on not negating them. The other part of this is that I -- what I
really need for you to explain is the income eligibility requirements because that came up. And I
did go to the session yesterday, and I sat in for a little bit just to kind of hear what residents and
builders were saying. There was an issue around even if we assist people that are in foreclosure,
then we might put them in a position where they -- we might be setting them up for failure
because they can't maintain. I want you to put on the record so that I'm clear based -- or
everyone's clear based upon AMI (Average Median Income) and how that whole thing works. I
know it's based upon, what is it, 50 percent --
Mr. Mensah: Yeah.
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Vice Chair Spence -Jones: -- below AMI and how that works if we're trying to assist them --
Mr. Mensah: Okay.
Vice Chair Spence -Jones: -- with a foreclosure issue?
Mr. Mensah: Commissioner, we came with two programs. The -- this particular program
cannot be used to assist anyone who is in foreclosure. This program is for foreclosed properties
that has already been foreclosed on or abandoned. What we have here is that the income limits
is up to 120 percent of median income. Now, when we analyze -- when we underwrite these
loans, we underwrite them just like we will underwrite our regular Homebuyer Program. Our
Homebuyer Program did not -- we haven't received all these foreclosures that is happening
around this city. We only have one that I know that has occurred in our program and that is a
Habitat loan. None of the people that we've funded -- because we make sure that they are not
overburdened. We make sure that they did not go into these type of risky loans that was being
made. We ensure that did not happen. So our people -- who -- that we provide assistance to are
all doing well now. We bring the same type of responsibility -- responsible lending to this
particular program, so if we provide any assistance to anyone, even 50 percent or 150 percent,
we will make sure that we don't overburden them, that their income, as compared to how much
they spend on housing and taxes and insurance and condo maintenance, would not exceed more
than 30 percent of their income; and that the total debt, including their car payments and credit
cards, will not be more than 45 percent. If we do it that way, then we are confident that they will
be able to main -- stay in their homes.
Vice Chair Spence -Jones: Okay, so that is -- that's going to be your strategy with addressing
that concern because that came up as an issue --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- you know, in the meeting yesterday regarding whether or not
people will actually be able to afford it anyway, you know. So you're saying that the City
department and your department is going to make sure that that's not an issue, correct?
Mr. Mensah: Yes.
Vice Chair Spence -Jones: Okay. Two more things, Mr. Chairman, and I'm done. I think that
what we all need to consider as Commissioners sitting up here -- and not taking anything away
from your department, George -- is timing. My understanding that if we don't spend this money
in 18 months, we lose it; correct?
Mr. Mensah: If you don't commit it.
Pedro G. Hernandez (City Manager): No.
Mr. Mensah: That means you don't have contract --
Vice Chair Spence -Jones: Commit it. Not spend it --
Mr. Mensah: -- in 18 months.
Vice Chair Spence -Jones: -- but commit it.
Mr. Mensah: Yes.
Chair Sanchez: Then you got to use it in four years.
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Mr. Mensah: Yes.
Vice Chair Spence -Jones: Okay, but it has --
Mr. Hernandez: You have to actually encumber it within the 18 months --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: Right.
Mr. Hernandez: -- and then you have an additional four years to get the projects done.
Mr. Mensah: No. A total offour years to spend it.
Mr. Hernandez: Total offour years.
Vice Chair Spence -Jones: Okay. So with that being said, it's extremely important for us -- well,
I'm glad to hear that because in our briefing yesterday, what was told to us is 18 months, it
needed to be done; so at least we know now -- or at least I'm hearing now for the first time that
we just need to identify the projects in each one of our districts or the key areas in each one of
our districts to address it before the 18 months, but there's four years within that time frame --
Mr. Mensah: To actually spend it, yes.
Vice Chair Spence -Jones: -- that things need to be addressed --
Mr. Mensah: The money.
Vice Chair Spence -Jones: -- meaning, houses built, you know, abandoned structures knocked
down --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- within that particular period. Okay, that's great. I know, for
instance, in my areas -- and I just want to make sure that officially put it on the record. I have
a lot of multi families -- the reality is everybody in our districts are not homeowners, especially
in my districts [sic], in the Overtown area, Liberty City area. I mean, I do have a lot of
homeowners, butt have a lot of multi families, too. I'm hoping that a part of your strategy is to
really make sure that we identify many of these buildings that are going into foreclosure because
there are a lot of people that aren't going to be able to actually afford to buy a house but they
can afford to rent, so I'm hoping that that's a huge, big strategy for you guys to make sure that
we at least get people in decent, clean housing after we buy it, rehab it and make it available for
them; correct?
Mr. Mensah: Yes, we're doing that.
Vice Chair Spence -Jones: One of the things I also requested, George -- and I wanted to be clear
on it -- is the approved list of CBOs (Community Development Organizations) and contractors.
For instance, I know ABDA (Allapattah Business Development Agency) does a great job with
doing a lot of rehabs and a lot of building of houses and they get things done really fast. I
mentioned -- just different CBOs that are doing great things. Are we going to have an approved
list of CBOs, nonprofits or builders that can be tapped in so that we don't have this long wait
happening before we are moving money on the streets?
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Mr. Mensah: That was the intention, which will come to in the implementation stage. The
intention is that we'll work with Purchasing to put together professionals that will be required to
move these program forward, to do an RFQ (Request for Qualifications) that will get
qualifications and put them on a list so that when we get a property, we're able to tap into one of
them and they can go in and do the rehab right away, so that's the intention.
Vice Chair Spence -Jones: Okay. And these multi families -- I'm going to use those as an
example -- they would be given to a CBO or a nonprofit to actually manage and run these? The
City would not be responsible handling multi families once we purchase them, correct?
Mr. Mensah: No. The City don't want --
Vice Chair Spence -Jones: All right. Right. Exactly. I want to just make sure.
Mr. Mensah: -- we don't want to be in the landlord business.
Vice Chair Spence -Jones: Put it on -- not for me; for the people watching. The City will not
own the buildings --
Mr. Mensah: No. We don't intend to do.
Vice Chair Spence -Jones: so would they go out for an RFP or how is that handled?
Mr. Mensah: We'll probably -- most possibly do an RFP, and that is what we will come back in
January for those particular implementation strategies.
Vice Chair Spence -Jones: Okay.
Mr. Mensah: We don't want to be owners. And earlier on one of the comments was the amounts
that we used, we are not realistic because we don't intend to go out there and purchase the
properties outright. What we intend to do is to be a finance and help, you know, a nonprofit or a
developer, or someone to purchase the property so that they can get a regular bank loan, maybe
$50, 000 -- the City can bring $50, 000 to the table and that is how we intend to leverage, so those
amounts were just so that we can leverage and make sure people can be able to --
Vice Chair Spence -Jones: And all of the program income --
Mr. Mensah: -- purchase those properties.
Vice Chair Spence -Jones: -- that comes from those rental units will go back into -- not to the
City; it goes to the federal government, correct?
Mr. Mensah: That's after five years. In the first five years, the program will come back
(UNINTELLIGIBLE) and we supposed to use it in the same -- in the -- to further the program.
After five years, any program income goes directly to the U.S. Treasury.
Vice Chair Spence -Jones: Okay. Last two things, and I'm done. Regarding the program income
--I believe that Leroy has mentioned this earlier. He mentioned it yesterday, and this is --
hopefully, we have future legislation that's coming on behalf of your department. I think it's
extremely important, especially on program income -- I know the focus for us has been
affordable housing and getting those dollars utilized for that, but the reality is, especially in your
district and some of the other districts where we have a lot of small businesses that are suffering,
and not only small businesses, but we're trying to attract major economic development -based
projects to the area so they provide jobs. Jobs is becoming a huge, huge issue, so I'm asking,
George, that at least we have coming up soon something to address the program income issue
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that will now allow for us to address those issues because if people don't have jobs, guess what?
They're notgoing to be able to maintain their houses, they're notgoing to be able to buy them, so
I'm just hoping that we're moving in that direction to address issues thatHr. Jones just
mentioned earlier.
Mr. Mensah: Yes, we are. That legislation will be coming up in December.
Vice Chair Spence -Jones: Okay. And then my little adjustment on your budget. I did not focus
on the Administration because I had the understanding that that was just put there --
Mr. Mensah: That's right.
Vice Chair Spence -Jones: -- you know, as a percentage, but it is something that we are going to
be able to look back to see whether or not the CDCs (Community Development Corporations) or
other organizations --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- that can assist with the process, so I didn't focus my energies there,
butl am going to focus my energies on this number C that you have here --
Mr. Mensah: Okay.
Vice Chair Spence -Jones: -- which is the land bank issue. I'm asking -- I think you have $2.8
million set aside --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- for land banking. Personally, just because I know the City has had
many issues in the past with land banking -- you know, I just don't want us to get into a situation
where, yeah, we buy it, we hold it, and there's nothing happening on it. I've asked -- and you've
already said that it's not an issue, butt want to make sure that my colleagues know about it, is
that we take a million dollars out of the land banking issue and then put a million into the
redevelopment of demolished or vacant properties. Because to me, at the end of the day, it's
extremely important that we see people in housing --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- not just, you know -- not just buying the land and sitting on it, but
at least being able to have the dollars to actually get our citizens living in units, so I'm asking
that that number now changes to 1.706 and that item number C changes to 1.851. And again, I
know you said we have flexibilities --
Mr. Mensah: Yes.
Vice Chair Spence -Jones: -- but would like to put it on the record officially because I think that
our focus is going to be making sure that people have a place to live. And that --
Mr. Mensah: Okay.
Vice Chair Spence -Jones: -- with that being said, I am officially finished, Mr. Chairman. I do --
I've already requested that we put a foreclosure task force in place that could be representatives
from each one of our districts to help identify properties or key areas that are troublesome areas
that there're a lot of crime and violent -related activities taking place; that those properties need
to be taken off the block immediately.
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Mr. Mensah: Yes.
Vice Chair Spence -Jones: I would ask that the -- your department identifies -- puts together a
task force, and I'd like to recommend a couple of people that could sit on that to help us identify
these properties immediately.
Mr. Mensah: Okay.
Vice Chair Spence -Jones: And just well done to your department and to the Manager for getting
it done, and thank you, Mr. Chairman, for indulging me.
Chair Sanchez: You're quite welcome. Commissioner Gonzalez.
Commissioner Gonzalez: Yeah. I just want to refer to a couple of points that Commissioner
Spence -Jones mentioned which are very important. One is that on the rehab aspect of these
homes, I tend to agree with Commissioner Spence -Jones that we should try -- at least do an
effort to do this process through community -based organizations or CBCs, and let me tell you, I
say this based on experience. Maybe five years ago, the City had a building that the City
foreclose on and hold it for maybe three or four years. It was an eyesore in the community. All
kind of illegal activities was happening in there. Well, finally, the City gave the property to a
non -for -profit.
Mr. Mensah: Yeah.
Commissioner Gonzalez: That non -for -profit promise to rehab the building and put it to good
use. Time went by and they came up with an estimate to rehab the building of 500 -- it was close
to $600, 000. I think it was 575, 585, something like that, okay. That community -based -- that
CBC was not able to do the rehab, they could not get the financing, or whatever, whatever, so we
gave that to another CBO and that CBO carried the assignment of rehabbing the building at a
cost of believe it or not -- well, the first CBO got an estimate from a City inspector. The
inspector was the one that did the estimate for $585, 000, something like that. Well, this other CB
-- the latest CBO rehabbed the building for about $239, 000, so there was a substantial saving,
almost $300, 000 savings, okay. They rented the building. They have maintained the building in
good, impeccable conditions. There are 12 families living in there. They have been living there
for the last four years or so, so I think that it's very important that we try, as much as we can, to
utilize community -based organizations or CDCs throughout an RFP or throughout the
appropriate process for qualifications and whatever, but I think that is going to -- that is very
important. I also support the Commissioner on the fact of creating this task force that will have
a representative from one and each of the districts --
Mr. Mensah: Yeah, okay.
Commissioner Gonzalez: -- because nobody knows better than the people that live in the district
or the different areas what is happening in the area.
Note for the Record: Lost audio due to an electrical power outage. Therefore, the Commission
recessed its meeting at 11:50 a.m.; upon restoration of electrical power and audio, reconvened
at2:26p.m.
Chair Sanchez: While we wait for a Commissioner so we can start the Commission meeting, just
for those that are watching on TV (Television), we lost power here at the City and power was just
restored a little while ago, and then we had to get our system booted up; and we've just been
informed by the City Clerk, whose purview is to maintain proper records -- that's her duty here
at the City -- that all systems are go, and we will start the Commission meeting. The item that we
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lost power was PH.11. We're still on that item. As soon as the power was lost, we got off the
record, and now that the power's back, as soon as we get another Commissioner, we can go
ahead and call the meeting back to order, all right. We do have a Commissioner present; that's
three Commissioners, so the meeting is back in order, and we'll continue with the item that we
left off which was PH.11. I believe during the blackout, the public hearing had been closed, and
we were in deliberation. We did have a motion and a second, for the record; correct me if I'm
wrong, Madam Clerk.
Pamela E. Burns (Assistant City Clerk): That's correct.
Chair Sanchez: Andl believe that Commissioner Gonzalez had the floor. Commissioner
Gonzalez, I believe you had the floor.
Commissioner Gonzalez: Yeah. And I was saying that was in support -- in total support of
what Commissioner Spence -Jones was saying in reference to who should we use to -- let me
rephrase it. In terms that it be a good idea to consider community -based organizations or CDCs
to implement some of these programs based on prior experience that we have had, so that was
my comment.
Chair Sanchez: All right.
Commissioner Gonzalez: And I have a question, by the way. I'm sorry.
Chair Sanchez: I apologize. You still have the floor.
Commissioner Gonzalez: I just have one simple question. I understand that some of this money
could be utilized for demolition purposes on abandoned properties?
Vice Chair Spence -Jones: Yes.
Commissioner Gonzalez: Okay. That is a good idea because, you know, Mr. Manager, we have
been imploring you to -- and also Mariano Loret De Mola -- please take action on some
properties that have in both of our districts really have become an eyesore and a tremendous
problem for the police department. The police has to go, you know, two and three times a week
to get people out of those properties and arrest people, and I mean, they -- you know, they have a
lot of other things to do other than just being -- following, you know, abandoned properties in
the City ofMiami, so I think that we can utilize those resources in combating crime in other
areas, so I'm glad to hear that we'll be able to use some of that money.
Chair Sanchez: Vice Chair.
Commissioner Gonzalez: Thank you.
Vice Chair Spence -Jones: Yes, Mr. Chairman. I kind of gave you all of my thoughts on
everything. I just want to make sure -- I know over the break you had opportunity to meet with
some concerned citizens and most of those issues were addressed, but --
Mensah: Yes.
Vice Chair Spence -Jones: -- I kind of put all of my issues on the floor and the changes, and you
said that you would accommodate them before the break.
Mr. Mensah: Yes.
Vice Chair Spence -Jones: Please make sure also the foreclosure taskforce, having a
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Meeting Minutes November 13, 2008
representative from each one of our areas. I think that's extremely important 'cause our
community residents know what's most important to them.
Mr. Mensah: Yes. We will contact your office for recommendations.
Vice Chair Spence -Jones: And that was my only issue.
Chair Sanchez: All right. I think that we could all agree on one thing that our job here, working
with the people that are facing foreclosure, is to provide opportunity, not bureaucracy. I think
it's important that we simplify this process to be able to attract the people that are more needed
towards their -- this assistance, but I think it's also important that we realize that we don't sell
this as the best thing since bread and butter because the funds are very limited, okay. There's
$10 million, and if we look at it, when you break that down and you're looking at the best
estimate, that we will be able to assist about 154 properties in our city, so this should not be
looked at as a bailout for the crisis that we have in our city. The crisis right now, as we know --
and this is the latest frack -- Realty Track survey that came out, that we have close to about
2,527 foreclosure properties throughout the entire city, okay, and that's exactly what I want to
talk to you about. I'm not just worried about a certain area or my district. I'm worried about the
entire City. These are properties that are all over the City --
Mr. Mensah: Yes.
Chair Sanchez: -- that are abandoned, that are creating a nuisance for people who pay taxes,
okay. Now, I'm not going to question or dismiss the methodology used on this, butt would like
to know is that based on the map that the --
Mr. Mensah: Yes.
Chair Sanchez: -- City provided us, that each of us have an opportunity to look at, that focuses
on the area of the greatest needs --
Mr. Mensah: Yes.
Chair Sanchez: -- pertaining to PH 10, how was that determined?
Mr. Mensah: Basically, like I indicated earlier, that was determined by information that was
provided to us by HUD, US HUD. What we did was that we also did an independent survey,
which we provided from Realty Track, to get the actual live data of properties that are currently
in foreclosure and those that have already been foreclosed. In addition, we also took
information from our own Code Enforcement as to what properties in the City are currently
abandoned and deteriorating; and what they did, they give us that information, and that
information was also plotted, which we showed you this morning. And the indication of all those
map, actually, is a matter of-- bears what HUD provided to us, that yes, those areas that we
delineated as areas of greatest need are indeed supported by the information that we have from
Code Enforcement and also the information that we have from Realty Track. So the actual
information that we use was provided by HUD.
Chair Sanchez: By HUD, all right.
Mr. Mensah: Yes.
Chair Sanchez: I'm not going to dismiss the methodology that was used. I measure it through
the needs of people --
Mr. Mensah: Yes.
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Meeting Minutes November 13, 2008
Chair Sanchez: -- not based on numbers, and I can tell you that there's a lot of desperate people
out there that are going to lose their homes, and this plan is not for people who are about to lose
their homes --
Mr. Mensah: That's correct.
Chair Sanchez: -- but people who have already lost their homes.
Mr. Mensah: That's correct, Commissioner.
Chair Sanchez: All right. That's important to explain to people. And based on that, I could
support this. I think it's a good plan, butt want to make sure that it's on the record that we do
provide and create a fair process that offers opportunity for everyone in the city.
Mr. Mensah: Like I indicated, in January it will come out with the implementation plan. And
what (UNINTELLIGIBLE) happen is that, like I said earlier, we are -- no part of the City will
be shut out of this process. The requirement from HUD is that we targeted towards areas of
greatest needs. Now, we are going to reach out to all the 600 owners of these abandoned
property. What it therefore means is that ifI get 20 property owners who are willing to work
with us and for us to be -- acquire the properties, if 18 of them come from those areas ofgreatest
needs, I have to take those in consideration first before I look at the others that come from those
-- the other areas. Because of the fact that we have 18 months to go into contract, we have to be
careful in ensuring that whatever methodology that we put in place in January when we come to
the Commission gives enough flexibility that if we are unable to use these funds in the areas of
greatest needs or there are more needs in that areas, that we're able to adjust quickly and move
those funds in those areas. But the whole point is what we will use this -- what we will do is that
we will reach out to all part of the City and be able to get information from all part of the City,
but ifI have five properties and three of them from areas ofgreatest needs and two is from non
areas, I'm required by regulation to look at those with greatest -- in the greatest needs areas
first. If I'm unable to assist them, then I move to the areas with great -- not in the greatest needs.
Chair Sanchez: All right. And one -- I'm going to -- I think -- two things that were said by my
colleagues that got my attention. One is that we should create a task force to identify properties
throughout the entire City. I think that's a step in the right direction. And the other comment
that was made is that we should -- and that's the only reason that could support this is if we
access and work with community agencies with a very strong, and I say a strong, proven track
record -- because let me tell you what's going to happen. I have a feeling that this is not going to
resolve all issues --
Mr. Mensah: Yes.
Chair Sanchez: -- and I have a feeling that the federal government, as it is doing with other
plans that they're putting forth, will have a second phase; and the way the economy keeps going,
we might have a third phase, so it is paramount that the time frame that we have, which is 18
months to commit these funds, and how we manage these funds, may be how we seek money from
the federal government if we don't do it right. So we got to make sure that we -- and when I say
we, it's your department -- working with, once again, community agencies with a strong proven
track record to assist those that are in need, and that's the only way it's going to get my support;
and I think that based with the meetings that we've had -- and I think we've discussed this for
quite too long, but it's an important issue in our community. I'm comfortable with your response,
and therefore, I'm prepared to support this item. So there was a motion and a second. We did
open it up for the public. This is a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
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Meeting Minutes November 13, 2008
PH.12 08-01226
Department of
Community
Development
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All
right. Ladies and gentlemen, bear with me. I have to catch up a little bit on this agenda or we
will not --
Vice Chair Spence -Jones: Go home.
Chair Sanchez: -- be able to move it forward.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE CITIZEN PARTICIPATION PLAN
("PLAN"), PREVIOUSLY APPROVED PURSUANT TO RESOLUTION NO.
05-0681, ADOPTED NOVEMBER 21, 2005, AND SUBSTITUTING IT WITH
THE PLAN, ATTACHED AND INCORPORATED; UPDATING THE
DEFINITION OF SUBSTANTIAL AND NON -SUBSTANTIAL AMENDMENTS
TO THE CONSOLIDATED AND/ OR ANNUAL PLAN; FURTHER CLARIFYING
PUBLIC HEARING REQUIREMENTS, AND PUBLIC NOTICE COMMENT
PERIOD REQUIREMENTS TO COMPLY WITH THE CODE OF FEDERAL
REGULATIONS 24 CFR 91.105.
08-01226 Legislation.pdf
08-01226 Exhibit.pdf
08-01226 Summary Form.pdf
08-01226 Public Notice.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0643
Chair Sanchez: Let's go ahead and take up PH.1, which should be a no-brainer.
Pamela E. Burns (Assistant City Clerk): Excuse me; we still have the sign -language interpreter
here --
Chair Sanchez: PH.12.
Ms. Burns: -- for PH.12.
Chair Sanchez: I am so sorry.
George Mensah (Director, Community Development): Quickly, quickly.
Chair Sanchez: I'm -- you know, I'm trying to catch up, and I'm moving ahead of myself. Let's
hear that item, and then we'll move on. PH.1, PH.2, PH.3, all right.
Mr. Mensah: Commissioner, PH.12 is an amending Citizen Participation Plan, which was
previously approved in -- by Resolution 05-0681. This just clarifies the requirements of that
particular plan, and this is something that we are required to do by HUD (Department of
Housing and Urban Development) periodically review it.
Chair Sanchez: Motion?
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Meeting Minutes November 13, 2008
Commissioner Gonzalez: Move it.
Chair Sanchez: There's a motion made by Commissioner Gonzalez --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- second by the Vice Chair. It requires a public hearing, even though it's a
resolution, but it is from the Department of Community Development. Anyone from the public
wishing to address this item, please step forward and be recognized. Seeing no one, the public
hearing is closed, coming back to the Commission. No further discussion on the item. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." The item has been
approved, 4/0, with the absence of Commissioner Sarnoff.
END OF PUBLIC HEARINGS
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ORDINANCE- SECOND READING
SR.1 08-01174 ORDINANCE Second Reading
Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Attorney 10/ARTICLE I OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"BUILDINGS," MORE PARTICULARLY BY AMENDING SECTION 10-3
ENTITLED "BUILDING CODE," TO CLARIFY EXISTING LANGUAGE AND
PROVIDE FOR ENHANCED PAYMENT OF DEMOLITION LIENS;
CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
08-01174 Legislation SR.pdf
08-01174 Memo SR.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
13036
Chair Sanchez: Okay. Let's take up --
Commissioner Gonzalez: SR.1, right?
Vice Chair Spence -Jones: SR.1.
Chair Sanchez: Did we take up PH.11 and PH 12?
Commissioner Gonzalez: Yes.
Chair Sanchez: We did?
Pamela E. Burns (Assistant City Clerk): Yes.
Chair Sanchez: All right. Are we sure we took that one, Madam Clerk? We took PH.11 and
PH.12?
Ms. Burns: That's where we resumed our meeting.
Chair Sanchez: All right. I'm losing my mind here, okay. Let's go to SR.1.
Julie O. Bru (City Attorney): Mr. Chairman, SR.1 is second reading of an ordinance. This is the
ordinance that we have prepared that will allow the City to freat liens that are imposed on
properties that are demolished as special assessments.
Chair Sanchez: All right, folks, this is second reading. Usually, on first reading we hammer
things out, and before first reading you got plenty of time and opportunity to sit down with the
Administration and get a lot of your questions answered; so it should justfly on second reading.
There's a motion and a second.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Motion has been made --
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Meeting Minutes November 13, 2008
Commissioner Gonzalez: Motion, yes.
Chair Sanchez: -- by Commissioner Gonzalez, second by the Vice Chair. Mr. Director, can you
just put something brief on the record so we could vote on the item?
Mariano Loret de Mola (Director, Code Enforcement): This is amending Chapter 22 of the City
Code entitled "Garbage and Other Solid Waste," and more particularly, amending the Article
IV, which is entitled "Lot Clearing," by amending the title and to change it to `Maintenance of
Lots." This is -- allow us to -- first, we increase the Administration cost for dealing with this
type of property.
Vice Chair Spence -Jones: SR.1.
Unidentified Speaker: Second reading.
Vice Chair Spence -Jones: SR-1.
Chair Sanchez: Yeah, SR.1.
Vice Chair Spence -Jones: No. He was reading FR.1.
Mr. Loret de Mola: SR.1.
Chair Sanchez: SR.1 is here on second reading.
Vice Chair Spence -Jones: Right.
Mr. Loret de Mola: No.
Chair Sanchez: Yeah.
Mr. Loret de Mola: No.
Vice Chair Spence -Jones: But he was reading FR.1.
Pedro G. Hernandez (City Manager): Right. I think that Mariano was talking about FR.1 --
Vice Chair Spence -Jones: Right.
Mr. Hernandez: -- which is the next item. This one deals with the demolition and the fact that
the liens will become a special assessment.
Chair Sanchez: Provide for an advanced --
Mr. Loret de Mola: That's the Building Department.
Chair Sanchez: -- payment of demolition liens.
Mr. Loret de Mola: That's a Building Department issue.
Chair Sanchez: Okay. All right. Well, it's on second reading. Listen, 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. We never deny anybody due process here. All right,
it comes back. There's a motion and a second. It is an ordinance on second reading. Madam
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Meeting Minutes November 13, 2008
Attorney, read the ordinance into the record, followed by a roll call.
Ms. Bru: Okay, Mr. Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Chair Sanchez: Roll call.
Ms. Burns: Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has been adopted on second reading, 4/0.
Chair Sanchez: Okay.
END OF ORDINANCE - SECOND READING
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ORDINANCE - FIRST READING
FR.1 08-01297 ORDINANCE
First Reading
Department of Code AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
Enforcement 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE
PARTICULARLY BY AMENDING ARTICLE IV, CURRENTLY ENTITLED "LOT
CLEARING," BY AMENDING THE TITLE TO "MAINTENANCE OF LOTS,"
CLARIFYING EXISTING LANGUAGE, AND CREATING NEW SECTIONS
ADDRESSING THE INTENT OF THE ORDINANCE, REQUIRING
REGISTRATION OF VACANT LOTS, AND EXEMPTING CERTAIN
PROPERTIES FROM THIS ORDINANCE; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
08-01297 Legislation.pdf
08-01297 Summary Form.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be PASSED ON FIRST READING PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Chair Sanchez: Now we go to FR.1. FR.1 is an ordinance on first reading.
Mariano Loret de Mola: Loret de Mola, Code Enforcement director. This is amending Chapter
22 of the City Code, entitled "Garbage and Other Solid Waste," more particularly by amending
Article IV, entitled "Lot Clearing" by amending the title to `Maintenance of Lots." This --
Commissioner Gonzalez: Move it.
Mr. Loret de Mola: -- ordinance establish a program to identify and register vacant lot and
establish the responsibilities of the owner, and provide for administration cost increase,
enforcement on penalties and also an appeal process in these cases, all right. Also allowing the
City police to enforce the trespassing penalties also on the -- in the place.
Commissioner Gonzalez: Motion.
Vice Chair Spence -Jones: Second.
Chair Sanchez: All right. There's a motion by Commissioner Gonzalez, second by the Vice
Chair. It is an ordinance on first reading. It comes back to us on second reading. It requires 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. It is --
the item is under discussion. Vice Chair Spence -Jones, you're recognized.
Vice Chair Spence -Jones: First of all, I want to commend Mariano and his department, along
with Madam City Attorney, for at least hearing me out and making sure that this was also
included because this is a huge issue for the vacant lots in my district, so I --
Mr. Loret de Mola: Correct.
Vice Chair Spence -Jones: -- just want to publicly thank you guys for including this and making
this a part of the overall process. Thank you.
Mr. Loret de Mola: Thank you.
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Chair Sanchez: Any further discussion on this? The only question that I have --
Commissioner Regalado: Question.
Chair Sanchez: Yes, sir. You're recognized.
Commissioner Gonzalez: Mariano, just a question.
Mr. Loret de Mola: Yes, sir.
Commissioner Regalado: Does this include homes with lots that are an eyesore for the
neighborhood?
Mr. Loret de Mola: Yes. That's a part of the lot clearing process. Yes, sir.
Commissioner Regalado: So what will be the priority? Should it have trash or height of the
bushes or what criteria?
Mr. Loret de Mola: Well, the criteria is if it's grass, cannot be more than 12 inches high, and
then we process the same as any other. We got two classification, is the lot clearing Class A and
lot clearing Class B. Class B is removing all of the junk in the yard or whatever we find on that
particular place.
Commissioner Regalado: Okay. Thank you.
Chair Sanchez: All right. Any further discussion on this item? If not, it's an ordinance on first
reading. Read the ordinance into the record, followed by a roll call.
The Ordinance was read by title into the public record by the City Attorney.
Chair Sanchez: All right. Roll call.
Pamela E. Burns (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has passed on first reading, 4/0.
END OF FIRST READING ORDINANCE
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ORDINANCE- EMERGENCY
EM.1 08-01254 ORDINANCE Emergency Ordinance
Department of (4/5THS VOTE)
Employee Relations AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 40/ARTICLE IV OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND
RETIREMENT PLAN," PURSUANT TO THE TERMS OF THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND
THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 587 AND
BETWEEN THE CITY AND THE FRATERNAL ORDER OF POLICE LODGE
20, BY ADDING A NEW DIVISION, DIVISION 5, ENTITLED "PENSION
STABILIZATION FUND FOR THE CITY OF MIAMI FIREFIGHTERS' AND
POLICE OFFICERS' RETIREMENT TRUST;" CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
08-01254 Legislation.pdf
08-01254 Summary Form.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
13037
Chair Sanchez: All right. Let's take up EM.1.
Pedro G. Hernandez (City Manager): EM.1, Mr. Chairman and Commissioners is the creation
of the Pension Stabilization Trust as called for in the collection [sic] bargaining agreement with
our Fire and Police unions, and the purpose is to assist and stabilize the City's required
contribution to the retirement system. It's -- I think Hector can provide more details as to how it
works. It's something that was called for, and we bring it to you for your support. Hector.
Hector Mirabile: Commissioners, Dr. Hector Hirable, director of Employee Relations. Through
the collective bargaining agreement, as the Manager has informed you, we've come up with this
concept; and basically, what it is is to transfer -- it'll be the transferring of funds once 37 percent
or less, in between that bracket, the amount of monies that is put into the FIPO (Firefighters and
Police Officers) itself the Trust itself. If anything that's below 37 percent, it goes into this Trust.
So, basically, what we're doing is establishing a reserve component, aspect of it, so that in the
future, which is pretty much predictive, that it'll spike again due to concerns that we already
know that's happening in today's economy. It will be funded initially -- you'll see that there's
another resolution up here that's already --
Chair Sanchez: RE.1 is the installment of a million dollars --
Mr. Mirabile: A million dollars in there.
Chair Sanchez: -- towards that fund.
Mr. Mirabile: And what that'll produce is it can give you a market hit of approximately $10
million, but that's not going to be sufficient enough for the future, so as we improve ourselves
through the collective bargaining and improve ourselves through the continued negotiations
aspect -- this is only step one of the process of stabilizing the fund, a critical, but one of the --
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one of multiple portions of this thing. And then we move forward. We feed it, the money, and
hopefully, in the future, we'll be using it minimally.
Chair Sanchez: All right. This is an emergency ordinance.
Commissioner Gonzalez: Motion.
Chair Sanchez: It requires a 4/5th vote. There is a motion by Commissioner Gonzalez.
Commissioner Regalado: Second.
Chair Sanchez: Is there a second? Second by Commissioner Regalado. Before we open it up
for discussion, it requires 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. This requires two readings, correct?
Pamela E. Burns (Assistant City Clerk): Two roll calls, yes, sir.
Chair Sanchez: Two roll calls, two readings. All right. So no further discussion. I just think
this is critically important for the City and its future to start heading in that direction to see if we
could stabilize our pension, and that's all I want to say for now. Madam Attorney, read the
ordinance -- read the emergency ordinance into the record, followed by a roll call.
Julie O. Bru (City Attorney): Mr. Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Chair Sanchez: Roll call.
Ms. Burns: First roll call. Second roll call.
Roll calls were taken, the results of which are stated above.
Ms. Burns: This item has been approved on a 4/1 [sic] basis as an emergency ordinance.
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RESOLUTIONS
RE.1 08-01255 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Employee Relations ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND OTHER
NECESSARY CITY OFFICIALS TO TRANSFER FUNDS, IN AN AMOUNT
NOT TO EXCEED ONE MILLION DOLLARS, TO THE CITY OF MIAMI
FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT CONTRIBUTION
STABILIZATION FUND TRUST; AUTHORIZING THE CITY MANAGER AND
OTHER NECESSARY CITY OFFICIALS TO EXECUTE THE NECESSARY
DOCUMENTS FOR SAID PURPOSE.
08-01255 Legislation.pdf
08-01255 Exhibit.pdf
08-01255 Summary Form.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0647
Chair Sanchez: All right. RE.1 is a companion item to EM.1, so we'll take that item up, and
you're recognized for the record on that resolution.
Hector Mirabile (Director, Employee Relations): Thank you, sir. It's a resolution of the City of
Miami Commission, with attachments, authorizing the City Manager and other necessary City
officials to transfer funds in an amount not to exceed $1 million to the City ofMiami Firefighters
and Police Officers Retirement Contribution Stabilization Fund Trust; authorizing the City
Manager and other necessary City officials to execute the necessary documents for said purpose.
Commissioner Gonzalez: Move it.
Pedro G. Hernandez (City Manager): Mr. Chairman, the -- I'm sorry.
Chair Sanchez: All right. Let's get a motion and a second. There's been a motion by
Commissioner Gonzalez --
Commissioner Regalado: Second.
Chair Sanchez: -- and second by Commissioner Regalado. The item is under discussion. It is a
resolution. Does it require a public hearing? Yes, it does. 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. Mr. City Manager, you're recognized for the record on
Mr. Hernandez: Mr. Chairman and Commissioners --
Chair Sanchez: -- RE.1.
Mr. Hernandez: -- what I wanted to put on the record is that the $1 million that is referenced in
this item is part of the approved budget for the year '08-'09.
Chair Sanchez: All right. Okay. It is a resolution. Any further discussion on the item? The item
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is under deliberation. Hearing no further discussion, it's a resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
RE.2 08-01258 RESOLUTION
Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Transportation ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED
FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO
ACCEPT THE ANNUAL AMOUNT OF $374,000, OF TRANSIT
DEVELOPMENT PROGRAM FUNDING, FOR THE STATE OF FLORIDA'S
FIFTY PERCENT (50%) CONTRIBUTION TO THE OPERATION AND
MAINTENANCE OF THE HEALTH DISTRICT CIRCULATOR SERVICE, FOR A
THREE (3) YEAR PERIOD; ALLOCATING THE CITY OF MIAMI'S ("CITY'S")
MATCHING FUNDS, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED
$374,000, FOR A THREE (3) YEAR PERIOD, FROM THE CITY'S SHARE OF
THE ONE-HALF CENT TRANSIT SURTAX PROCEEDS FROM THE
PEOPLE'S TRANSPORTATION PLAN.
08-01258 Legislation.pdf
08-01258 Exhibit.pdf
08-01258 Exhibit 2.pdf
08-01258 Exhibit 3.pdf
08-01258 Summary Form.pdf
08-01258 Memo.pdf
08-01258 Email.pdf
08-01258-Mayor's PowerPoint Presentation.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, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0633
Chair Sanchez: Let's go ahead and take care of the Health District item. Let's go ahead and
start that one.
Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chair. What -- which item is that?
Chair Sanchez: Mr. City Manager.
Pedro G. Hernandez (City Manager): That will be RE.2 and RE.3.
Chair Sanchez: Okay. We'll get those out of the way since we have so many individuals that'll
be speaking on this item, and I'm sure they want to get back to work. All right. Maybe not, but -
- all right.
Jose Gonzalez (Assistant Transportation Coordinator, Office of Transportation): Good morning
Chair Sanchez: Let's take up RE.2.
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Mr. Gonzalez: -- Mr. Chair, Commissioners. Jose Gonzalez, with the City of Miami, Office of
Transportation. RE.2 is a resolution authorizing the City Manager to execute a joint
participation agreement with the Florida Department of Transportation for the State's 50
percent contribution towards the Health District Circulator project. Said joint participation
agreement is for a three-year period and requires a match from the City. Our match is
originating from the transit half -cent surtax or People's Transportation Plan, PTP, monies.
Commissioner Gonzalez: I'm ready to make a motion on RE.2.
Chair Sanchez: Okay. There is a motion by Commissioner Gonzalez --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- second --
Vice Chair Spence -Jones: Discussion.
Chair Sanchez: -- by the Vice Chair for the purpose of discussion.
Commissioner Gonzalez: And I hope that you take into consideration my comments at the
meetings that we had and that you continue to work on addressing my concerns.
Mr. Gonzalez: Yes, sir.
Commissioner Gonzalez: Okay.
Chair Sanchez: Okay. Before we open it up for discussion in the Commission, it requires a
public hearing. Anyone from the public wishing to address this item, please step forward.
Anyone who wants to speak on the item? If not, it is closed. It comes back to the Commission.
Any of the Commissioners want to speak on this item? Commissioner Regalado, you're
recognized for the record on RE. 2.
Commissioner Regalado: Thank you, Mr. Chair. I -- as we have done, all of us support this,
and I think that this is the best thing that can happen for the Health District. And I have
expressed to the Administration the need to understand the money that the City will have to put
every year to operate this transit system, and I think it's all about the effectiveness of the
company, which is the other item, but since we're discussing what the City should use in terms of
the general fund, it's important to understand that the advertising on the trolleys could be the
main source of revenues in order for the City not to subsidize this item. If you look at the Metro
Transit Authority buses, most of them are 100 percent advertising. These are long-term
contracts. These are contracts that the revenues for the Transit Authority, it's more than 20
percent of the whole budget. There are others that have smaller terms contracts for advertising,
and these are the ones that are being changed. So my question is, are we going to allow
advertising in these trolleys? And if so, who would be handling? Would it be the company
selected? Would it be the City? And how is it going to work? Is it going to the City, the
revenue, to the fees that cost; or is it going to the company?
Mr. Gonzalez: Commissioner, to address your question, we are providing for advertisements on
the rear of the circulator vehicles, as well as within the interior of the vehicles. In the request for
proposal, we are providing for that, and that is one of the things that we are going to be
requiring of the vendor. As far as the content of the advertisement, it will be solely at the City's
discretion as to what is allowed and what is not allowed.
Commissioner Regalado: Well, the -- we cannot decide the content. You cannot decide what
kind of advertising because that will be litigated in court and the first amendment will prevail,
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but it's not about the content. It's about the size, and it's about the terms of the agreement. What
I'm saying to you is that, look, in good economic times, business advertise; in bad economic
times, business advertise more, so the only industry that is immune to this crisis is advertising
because there always be advertising. So my question is -- and, Mr. Manager, we discuss this --
can we expand the advertising areas on these trolleys so we can probably reach halfway to the
money that the City has to use from the general fund to operate this trolley?
Mr. Hernandez: Commissioner, we can do that -- we can entertain that and make sure that we
allow for those opportunities through the RFP (Request for Proposals) process. I know for
example that MDT (Metro Dade Transit) buses at the County do allow the wrapping of the sides,
so that's something that we can consider as part of our RFP process to see what are the
opportunities provided to the City so we can increase our revenue. So we'll entertain that. Yes,
we will.
Commissioner Regalado: I mean, it's all about marketing and it's all about people. The amount
of people that work and visit the health area and the Civic Center, it's a mine of gold for
advertisers. I'm just saying that we can -- we should not just limit to a small advertising on the
back because we could have opportunities. We could engage in long-term contracts that, in
turn, will reduce the money that the City will have to use to operate the system.
Mr. Hernandez: Commissioner, we'll look at the sides as well as the inside of the vehicles.
Commissioner Regalado: Okay.
Chair Sanchez: All right. Before we continue the discussion, I apologize. I want to have -- give
an opportunity to the Mayor -- this is his initiative -- to please step forward, and also I believe
that the University ofMiami will also be doing a presentation. Dr. Goldschmidt will be doing a
presentation. Mr. Mayor, you're recognized for the record, and we'll bring it back to the
Commission after the presentation for further discussion; and we could vote on the item. Sir,
you're recognized for the record.
Mayor Manuel Diaz (City ofMiami): Thank you, Mr. Chairman and thank you, Commissioners,
for this opportunity. Before we begin, I want to recognize some of our Miami partnership
stakeholders who are with us today, many of whom you already know; but we have Dr. Paul Ahr,
president of Camillus House, Rosie Concera (phonetic) from the Public Health Trust, Mary
Belracal (Phonetic), director of the Miami VA (Veterans Association) Healthcare System, Trudy
Nelvicky (phonetic), executive director of Christie House, Chet Zurlin (Phonetic), State
Attorney's Office, Christina Casado (Phonetic), Miami -Dade County Image -- Community Image
Advisory Board, Ron Bogue (Phonetic) from the University ofMiami, Mike Decocido (Phonetic)
from Miami -Dade Transit. Just by way of a little background, let me begin with a little history of
how all of this started. In 2004 EDAW, which is a global design firm, chose the Civic Center --
as we called it then -- as the area for their summer student program. There were 15 students and
many EDAW professionals who worked tirelessly for a period of two weeks to create a
preliminary concept for this neighborhood. This was something that I also, from my reading in
the past, saw that a similar example had occurred at the University of Pennsylvania, UPenn,
with the mayor of Philadelphia, Mayor Rendell, who at the time was mayor; now is governor of
Pennsylvania, to create a very successful partnership that turned that neighborhood of
Philadelphia around. The students presented their recommendations to establish the Miami
Partnership to implement their plan. They called upon President Donna Shalala and myself to
cochair this revitalization program, and we've answered their call. The Miami Partnership
partners include in healthcare, University ofMiami Hospital, Miami VA Medical Center, and
Jackson Memorial Hospital and the Department of Health. On the judicial side, we have the
Eleventh Judicial Circuit of Florida, State Attorney's Office, Public Defender's Office,
Miami -Dade County Corrections and Rehabilitation; from Municipal local government, we have
the City ofMiami and Miami -Dade County; schools, we have the University ofMiami/Miller
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School ofMedicine, Miami Dade College medical campus, Lindsay Hopkins Technical
Education Center; and private social service organizations, we have Christie House, the
Children's Home Center, and Camillus House. We identified the six goals in order to create a
vital neighborhood to live, work and play. You have those goals in front of you. We also
determined the economic impact of the area. We thought it was important to do that first
because too often when people -- when planners talk about economic development, oftentimes
they look out to try to bring in, and sometimes they forget that you should look in first and see
what it is that you have and how you can improve what you have; and when we did the analysis,
we confirmed what many of us suspected, a 39,000 employees, a $2 billion dollar payroll, and
those -- that's just today; 60,000 indirect jobs and a $3 billion economic impact to Miami -Dade
County. So, obviously, we had something that was there, that was alive, and all we needed to do
was to come together; bring all these stakeholders together who, for the most part in the past,
had really even not sat at the same table to talk about what the future plans were that each of
them had and how we could do this in a very coordinated effort so that we can take something
that is very good right now and make it something that is outstanding, and in my opinion,
perhaps the greatest economic development plan that this City could undertake. We assisted the
partnership by rezoning the area to allow major institutions to develop and continue to provide
the important services to our community, and all the entitlements provided in the overlay zoning
will be translated into the new Miami 21 Code. We also rebranded the district to be called the
Miami Health District. All the stakeholders worked together to create this branding which
reflects the goal of all stakeholders, to encourage healthy living, healthy community and healthy
environment. The City also contracted with EDAW to create design standards for sfreetscapes,
gateways and signage; and we committed $10 million to begin that implementation. Part of the
EDAW plan calls for the creation of a dedicated health walk to create a pedestrian linkage from
the west side of the area to the east for visitors, employees and patients. We also have
eco friendly rubberized modular sidewalks. The Health District Circulator, which is before you
today, is designed to work this area, which is the second largest employment center in the City of
Miami to serve Metrorail riders and pick up at the parking garages. The Metrorail station there
will serve as a hub. The survey that we took indicated a strong need and a commitment to the
circulator. There are over 150,000 boardings a month at this Metro station, this Meforail
station at the Civic Center Health District. This will make Metrorail a more efficient mode of
transportation and will serve as a feeder service for Metrorail and the future streetcar. It will
serve 14 front doors and nine parking garages, will have four rubber tire circulators with
ten-minute headways, a two-way loop using green technology, and will be fully funded 50/50 by
the Florida Department of Transportation and the City ofMiami. Also, as part of the plan, many
of you, including Commissioner Gonzalez, who has been a integral part of the Miami
Partnership -- this is in his area and has been a strong supporter and an advocate at recognizing
the tremendous potential this has to create jobs for all of South Florida and the adjoining
neighborhoods in particular. The land swap for the Life Science Park that you see a rendering
of on the screen today was a once -in -a -lifetime opportunity for the private sector and the public
sector to work together. It addresses a pressing community need, homelessness, but it will also
provide a major economic impact creating high paying bioscience employment, which I'm sure
our next speaker will be talking about. Camillus House will provide a state-of-the-art homeless
facility with 340 beds, including shelter, rehabilitation and treatment, permanent housing and 64
beds for individuals in job training programs. You'll see on the screen right now a rendering of
the full build out of what the University ofMiami Life Science Park will look like when it is
completed. And now at this point, I'm very much honored and privileged to introduce a great
partner of ours in this effort and so many others, and that is Dean Pascal Goldschmidt from the
University ofMiami/Miller School ofMedicine, and he will make a few remarks. Welcome,
Dean.
Pascal Goldschmidt: Thank you very much, Mayor Diaz, and Mr. Chairman, Commissioners,
esteemed members of the City. It's a pleasure to be here. And, yes, indeed, the University of
Miami is a committed community partner and has enjoyed working with the City and the other
shareholders substantially. I think that we have a fruly amazing opportunity as partners ahead
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of us, and I can assure you that the University ofMiami, the Miller School ofMedicine, will do
its part. First, let me tell you a little bit more about the Life Science Park. So last year the
Miller School ofMedicine has increased its employee from 6,500 to 8,000, thus creating another
1,500 job. I can tell you that this Life Science Park will create another 3, 000 job. There's a
potential total of two million square feet of space predominantly to perform research and
development with also a first floor support for retail. The timeline for this project will be a
breaking of the ground for the first building in summer 2009, and we plan completion in --
between 2010/2011, and I can tell you that in spite of the financial concerns, this project is on
time and will be executed on time. The developers who are involved with it are top-notch; will
involve resources coming from another state to the state of Florida to this City, and it's a great
opportunity. The finalizing of the agreement with the developer, which is fruly best of breed for
this type of facility, is being completed; and this complex of buildings will bridge the gap
between academia and industry. I don't need to tell this group the importance of a bio-economy
and the opportunity that very strong effort in the area of research and medical and biomedical
industry is critical for our economy. This is an opportunity for us to move discoveries from the
laboratories of the Miller School and other activities going on at the Florida International
University and move them into commercial opportunities through the work that is going on in the
Life Science Park. It will be an economic engine for the community, and the science that will be
accomplished can only be done at an academic medical center with formidable partners, like
Jackson Memorial Hospital, Rosie Concera (phonetic), representing the Ph.D board, with the
whole Children's Hospital. We have Mary Bercow, director of the VA Medical Center, and the
Miami -Dade County Health Department. All are great partners that are helping us, again, move
this project ahead and create the resources and intellectual capacity for this project, and we are
delighted to be a partner of this great project of the Miami Health District. If you look at some
of these individuals, we have developed institutes in the area of interdisciplinary stem cells. We
are repairing damaged hearts with stem cells already today with National Institute of Health
funding for this work. We are champions in the area of diabetes research with our Diabetes
Research Institute; in cancer care, with the Sylvester Comprehensive Cancer Center; the Miami
Institute for Human Genomics is helping us develop tool to identify susceptibility for a variety of
human illnesses that allow us to prevent and predict the susceptibility for these illnesses and
keep our fellow humans in much better shape for a much longer time. The Miami project to cure
paralysis is another amazing project to help individuals, like veteran heroes who are coming
back from the frontlines and with injuries, and one of them being paralysis, and the opportunity
to recover a much better lifestyle through the care that they are receiving is really a great
opportunity. So by the way, as an example of the type of work that we have been able to
accomplish in moving the research forward at the Miller School, we have recruited an entire
institute of genetics from Duke University to Miami, a project that is creating approximately 300
jobs and that has resulted in a formidable gift from the state of Florida to this region of $80
million. I'm sure that you have heard about this progress. We are also enjoying the project that
is currently being developed for the Civic Center Meforail Station and the 12th Avenue
corridor. These projects are being funded by federal partner, the Miami VA Medical Center;
State partners, Florida Department of Transportation, South Florida Commuter Services;
Miami -Dade County partners, Jackson Health Trust, Miami -Dade County Community Image
Committee, Miami -Dade County Transit, the City ofMiami, and by private resources, the
University ofMiami Middle School ofMedicine own private resources. We recognize the
importance of encouraging our employees to stop driving and start riding. I'm going to say, the
price of gasoline was helpful to move in that direction and the improvement in the Meforail and
the Meforail station is another great motivator. We started an incentive program in June of
2008 and provided free passes to employees earning less than $35, 000, and a 50 percent
discount for Metrorail passes for employee making between 35,000 and $100, 000. In June we
sold 1,200 passes, and last month number has grown to over 2,900 passes, so nearly half of our
employees. At the Meforail station we provided a creative paint palette for the station to liven
up the waiting area. The Miami -Dade Transit is painting the station now and including the
accent walls as part of the maintenance project. As you can appreciate, this is really improving
the surroundings. Still in design is the proposed LED lighting plan for the station, which will
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brighten up the station and create a more exciting and lively station at night. The Miami -Dade
Community Image Committee funded landscaping of the station to replace colorful greenery in
the once -empty planters. The landscaping was installed in two weekends. In addition to the
planter at the Memorial station, further landscaping will be planted in all the medians along the
Northwest 12th Avenue. Really, a number of significant improvements. Miami -Dade Transit
also approved painting some of the Metrorail support pillars to provide basic directional
signage and Health District gateways. We are currently working with the Florida Department of
Transportation to make sure that this project conforms to their guidelines, and here's an example
that you can appreciate of the type of signage we would like to have along 12th Avenue. We
painted this column as a test. As you can see, the Miami Partnership is actively working on
various projects along 12th Avenue. We would like to thank all the partners, and in particular
the City ofMiami, for its extraordinary support and leadership; and again, I want to join the
members of this room to give a round of applaud [sic] to Mayor Manny Diaz for his
extraordinary leadership.
Applause.
Mr. Goldschmidt: I would like to recognize a couple of the members of my team, Ron Bogue
(Phonetic), who is sitting there. We have also -- and Ron Bogue is in charge of all the facilities
at the University ofMiami/Miller School ofMedicine. Chris Morris is also there representing
our Communication Department. She's the head of our Communication Department for the
school. Again, I fruly believe that we have this opportunity in Miami to be a medical destination
where people will only -- not only travel for tourism but will also travel to get the best medical
care not only of this region, of the United States, but the entire world; and we will not rest until
we provide this opportunity with the extraordinary development that we represent for our
community. Thank you very much for the opportunity to present.
Chair Sanchez: Thank you, Dean. Thank you for that wonderful presentation. I believe -- Mr.
Mayor.
Mayor Diaz: IfI could just close real quickly. The significance of this is unbelievable for us. I
mean, as all of you know, in the -- especially over the last five to ten years, lots of cities, lots of
areas throughout America have talked about creating biotech centers and bioscience centers,
and some have succeeded partially and others have not. We are succeeding and we're going to
succeed, and we're going to succeed because we've got great partners. We had something to
start with, and all of us, more importantly, have come together to make what is the dream of
many a reality for us; and when people talked about the creative class and the new economy and
how we can keep cities -- how we can keep our cities competitive, we're doing it right here by
what Dr. Goldschmidt just described. I want to -- she is not here -- especially thank our -- my
cochair, President Shalala, who's been -- who's done wonders with the University, outstanding
work, and let's give her a round of applause in absentia.
Applause.
Mayor Diaz: Dean Goldschmidt, of course, and one person who hasn't been mentioned, who's
the person who really keeps the engine going, and that's Betty Fleming right there. Thank you,
Betty, for your work.
Applause.
Mayor Diaz: Finally, I want to thank our other partners in this effort one more time, and close
by thanking again Commissioner Gonzalez, the district Commissioner, for this because I will tell
you that this would not have happened without your support and without your leadership,
Commissioner, so thank you very much. Thank you.
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Applause.
Chair Sanchez: All right. That concludes the presentation. It comes back to the Commission to
deliberation. Vice Chair Spence -Jones, you're recognized for the record, followed by
Commissioner Gonzalez.
Vice Chair Spence -Jones: Sure. I just want to once again ditto on what the Mayor has said,
especially thank our district Commissioner for that area for his leadership and vision. These are
the kind of things that we need to see happening throughout all of our districts, so I want to
especially thank you for your vision on that. You did an outstanding job, and hopefully, we'll
learn something from, I guess, your test. I also want to thank the Mayor. I don't know if he's
gone already, but at least thank him for his vision also as well, and the University ofMiami. JC
was not mentioned. I don't know where JC went, butt want to also thank JC from the president's
office, which has been essential in at least making sure that we were briefed properly. As you
know, the district itself -- basically, the entire district is really in Angel's area, but we do share
Northwest 2nd -- 7th Avenue, which has the Camillus House, so I'm actually on the opposite side
of the street. I just want to commend JC and his whole entire team for working with us because
relocation was an issue in that particular area for many of the businesses and places like Better
Way that provide supportive housing, and they have been outstanding with my -- working with
my office to make sure that everybody's comfortable in the transition, so I want to at least
publicly acknowledge him. I support this 100 percent. I think we already had a motion and a
second. The only thing that wanted to make sure from the staffing part of this -- and I'll deal
with number 3 when we get to number 3 on more of the issue of the circulator, but to just make
sure regarding the issue of connecting the neighborhoods. As you know, all of us are on the
CRA (Community Redevelopment Agency), and one of the major projects that we funded or
supported, probably about seven or eight months ago, included a medical training center for
those that have an interest in the entry-level positions, and hopefully, they're well on that way
with the Jazz Village project; and of course, the Jefferson Reeves Clinic, which is in partnership
with Jackson Memorial. I just wanted to make sure that this was included as a part of the
overall loop to ensure that at least the residents of that particular area and the students that'll
now be going to that training school that we worked very hard to recruit are also in the loop
because I think that this could be a great avenue for them to also connect to the larger Health
Disfrict. Butt want to also commend Bill and your team for doing an outstanding job for really
putting together --
Mr. Gonzalez: Thank you.
Vice Chair Spence -Jones: -- a very solid, you know, project for the Health District, so I just --
Mr. Gonzalez: Thank you.
Vice Chair Spence -Jones: -- we had a long meeting till like 7 o'clock last night, and I did not see
the additional area that we've discussed. I want to just -- want to hear from you that there is --
or at least assure --
Mr. Gonzalez: Absolutely.
Vice Chair Spence -Jones: -- me that that is going to --
Mr. Gonzalez: And as a matter offact, ifI can draw your attention to what is on the screen,
you'll see in addition to the core Health Disfrict route, which --
Vice Chair Spence -Jones: Yes.
Mr. Gonzalez: -- is the two-way loops in yellow and red, you'll see two extensions, one along
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20th Street connecting at Jackson Memorial and proceeding westward to serve the 20th Street
merchants to 27th Avenue and another extension that begins also at Jackson and then goes
eastward on 20th Street over to 3rdAvenue and then along 3rdAvenue to serve the Overtown
community and then loops back and connects to the Health District route connections are
critical for any transportation system to work, so we are providing for --
Vice Chair Spence -Jones: I really appreciate you guys making that, you know, adjustment and I
really -- like I said, I want to at least commend you guys for doing a great job.
Mr. Gonzalez: Thank you.
Vice Chair Spence -Jones: So thank you so much.
Chair Sanchez: Commissioner Gonzalez. Well, let me just state that this is one legislation that
we could all be very proud of in this City. That -- the Miami Health District, to me, has always
been a diamond in the rough. It has been one of the economic engines for our City, and today,
through the path that we're heading with everything that's happening there with the biotech
creation, what it brings to this economy, the 39, 000 plus employees, I would say even more
indirectly, the two billion payroll to the City and the three billion that it brings to this county, we
have a great opportunity today for economic vitality, which is job creation, which, today, as
people are losing their jobs and a lot of industries, the medical industry is one that's hiring
people because of the baby boom. So having said that, on that aspect of it, we have an
opportunity now to give people an alternative instead of going to other cities to receive medical
care to come to this great City of ours, to come to the Miami Health District to seek that medical
assistance, and we're heading in the right direction. The other thing that want to talk about, I
think, which is very important is to the transit community. The people that work, the people that
have no connectability through the Metrorail, now will have an opportunity to move around and
not have to get in their cars to move three or four blocks, so this is something that, once again, I
want to say that through the partnership of everyone working together, it is something that we
could be very proud of. So I am -- today is a good day for the City. It is certainly a great day
for all of us who have worked together to put this together. So having said that, it's an honor for
me to support this vote, and I want to take the opportunity to thank all of you who worked hard,
very hard to put this together. There's a saying that says, you know, the future is not written for
us; it is written by us. This is exactly what this City is doing. All right. So there is a motion and
a second. No further 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." Congratulations.
RE.3 08-01259 RESOLUTION
Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Transportation ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSAL TO PROVIDE VEHICLES, MAINTENANCE,
STORAGE, FUEL, AND OPERATIONS (I.E. TURN -KEY SERVICES) FOR THE
HEALTH DISTRICT CIRCULATOR TROLLEY SERVICE.
08-01259 Legislation.pdf
08-01259 Exhibit.pdf
08-01259 Summary Form.pdf
08-01259-Mayor's PowerPoint Presentation.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
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Meeting Minutes November 13, 2008
R-08-0634
Chair Sanchez: And we move on to the next item, which is a companion item. For the record,
that is RE.3. All right, RE.3.
Jose Gonzalez (Assistant Transportation Coordinator): Jose Gonzalez, with the Office of
Transportation. RE.3 is a resolution authorizing the City Manager to issue a request for
proposal for Turn -Key Services for the Health District circulator. Turn -Key Services entails the
selected vendor providing the drivers, the vehicles, the fuel, the storage and the maintenance of
the fleet.
Chair Sanchez: All right. Is there a motion?
Commissioner Gonzalez: I'll make a motion.
Chair Sanchez: The motion has been --
Commissioner Regalado: Second.
Chair Sanchez: --proffered by --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- Gonzalez.
Commissioner Gonzalez: And I also have comments on it.
Chair Sanchez: There has been a second by Commissioner Regalado. Before we open it up for
discussion, Mr. City Manager.
Pedro G. Hernandez (City Manager): Just for the record, I wanted to point out that our match
comes from the transit surtax, the people's transportation plan, which this is a positive use of
those monies and it's important that we are able to retain the 20 percent share that goes to the
municipalities. This is a very positive example of how cities can use those monies.
Chair Sanchez: All right. But for the record, this is the RFP (Request for Proposals), not the
hiring of the company to run it. It's just the RFP, okay. All right, Mr. -- Commissioner
Gonzalez.
Commissioner Gonzalez: Yeah. I have had a couple of meetings. As a matter of fact, I think
there were three meetings in reference to this project with the Administration, and I have
emphasized and point out the importance of establishing some connectivity between the Health
District and the business corridor on Northwest 20th Street. I think this project is a magnificent
project. I know it's going to bring a lot of economic development, a lot of good things for the
neighborhood and for the City ofMiami, but we cannot turn our faces to reality; and reality is
that all the prosperity that is going to come to this area and needs to be share by the surrounding
communities, and we have -- right now we have on -- between Northwest 20th Street and
Northwest 21 st Street more than 550 retail stores. Actually, you can find anything that you may
need, you can find on Northwest 20th Street, between 14th Avenue and 27th Avenue. So that is
why I have been insisting to establish some connectivity between this Health District and the
business corridor on Northwest 20th Street. I had the compromise of the Administration that
they were going to look at ways to try to expand in the future these trolley or these, you know,
system to cover Northwest 20th Street to 27th Avenue, and that is why at the beginning of the
discussion I said that I hope that you continue to look at this very seriously and that you continue
to work on improving this route and to include the business corridor on Northwest 20th Street.
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Meeting Minutes November 13, 2008
Mr. Gonzalez: Sure. Commissioner, absolutely, we will diligently work toward that goal. We
have, as a matter of fact, already met with the Florida Department of Transportation, with the
disfrict secretary there, and we are going to be applying for the same program that gave us the
State monies for the Health District route, we will be applying under the same program for the
20th Street extension, as well as for the Overtown loop, and that is just in a few months actually.
Commissioner Gonzalez: And let me tell you what my concern is. My concern is not only about
the business disfrict. I don't know if you realize that we have a high density of low-income senior
centers in Allapattah, close to 20th Sfreet. All of these seniors -- or most of these seniors, they
need to go to Jackson, they need to go to Cedars, they need to go to Bascom Palmer, okay? And
all they have to do is just walk three or four blocks to 20th Sfreet and get on this trolley to go to -
- to get their healthcare taken care of instead of having to drive to this area and pay $10 an
hour for parking, or whatever the charge there, which I don't know, okay? But I'm giving -- I'm
just giving you a number. We have the three Round Towers that has about 450 apartments. You
have three senior centers in Northwest South River Drive. You have affordable housing
buildings on 17th Avenue, five blocks away from 20th Sfreet, so you know, you have a big
congregation of senior citizens and also low-income families that, precisely need to go to this
Health Disfrict to be taken care of okay? And if we extend this route, we're not only promoting
economic development; we're also providing services to these people that are very, very needy
of you know, this type of transportation and this type of service. So that's my comment.
Chair Sanchez: All right. Commission Regalado, you're recognized for the record.
Commissioner Regalado: Thank you very much. I think that we all agree that this is not only
necessary but it is important for the economy, and I do agree with Commissioner Gonzalez that
that disfrict needs the expansion and -- you know, this is nothing new. Coral Gables began this
service free and they operate differently. They are a smaller operation. They do it free. Public
Works is handling this. And on this, if you ask Public Works in Coral Gables, which I have done,
the use of the trolley has increased the business in all the Ponce De Leon Boulevard corridor,
the restaurants and the office space. Doral is now expanding. It has two routes on this trolley
system, which is the best, and to me, the only way to spend the 20 percent of the transportation
tax. So my concern is that on this RFP, we will look for a company that has the ability to
expand, if that works. And I will tell you, I still believe that advertising is the key to defray the
costs that the City will incur, the most that we can defray, the most that we can expand
throughout the City because, you know, I understand that the biggest need now is the Health
Disfrict, is the Civic Center and the corridor. The corridor could increase their sales, like we
have seen in the Gables, by a large percentage if people are allowed to go for a cheap price, not
-- don't go asking $2, but you know, for a cheap, nominal price. But eventually the merchants in
the Coral Way corridor, where we have from 12th to 37th 270 business, will want to do
something similar because it's very difficult to use Mefro transit, public transportation to go by
or to move around; and since we will be opening a mega shopping center in Coral Way and 34th
Avenue in three month, that has been closed for more than ten years, since there are two projects
on 37th Avenue, plus the expansion of Sears, people who live in the condo buildings in Coral
Way will want to use that service, so my -- I'm fully supporting this, but I'm just saying to you
that we need to look for a company who has the ability to expand because if this works and if the
City can defray the cost that the -- matching the State funds require -- and mind you, it's only for
three years, right.
Mr. Gonzalez: Correct.
Commissioner Regalado: It's only for three years, so we need to be prepared for the future
because we all know that the future brings difficulties in budget, so I am telling you that some
people may not want that, some people would rather go more natural, but the only way to defray
the costs is through advertising, not through charging an `X" amount of money to the
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Meeting Minutes November 13, 2008
passengers because that would defeat the purpose. So I just hope, Mr. Manager, that when this
comes back, we have all the information.
Chair Sanchez: Vice Chair Spence -Jones, and we'll close it up -- we'll wrap it up for a vote.
Vice Chair Spence -Jones: Sure. Again, I'm -- you see all of us support the circulator, so it's not
an issue. I do have a question regarding the district Commissioner's request. The RFP that
you're preparing for now, does it include the extension or the area that he's looking --? I mean, I
know that there's a dollar amount associated with this particular item.
Mr. Gonzalez: No, it does not.
Vice Chair Spence -Jones: Have you included the district Commissioner's request of that as a
part of this overall amount to extend to 20th Street, or are you saying that this particular RFP
that once it goes out, it's only going to deal with the Health District but there'll be an additional
evaluation as to, you know, additional costs to include the extra legs that we requested?
Mr. Gonzalez: Correct. What this item pertains to is the joint DOT (Department of
Transportation)/City project, which is the Health Disfrict circulator, but we are already working
with the Florida Department of Transportation as far as the additional -- as far as the
extensions, which we --
Vice Chair Spence -Jones: Okay. Only reason I'm asking this question is if you know that this is
something that the district Commissioner is requesting from the onset -- and I'm sure, if it's
Angel, I know he just didn't ask for it today. He's been asking for it probably since the inception
of it. My question becomes, you know, why go through all the energy to just keep it in one
particular area if he's requested to at least go down 20th Street? I mean, that's not a huge
request. And you know, in that -- that was why when we sat down and had a discussion, even -- I
didn't try to go all throughout Overtown. I just chose a section where I know that we do have
some medical -related things happening, like the clinic and the school and other things that we're
trying to get going on 3rd Avenue to support some of the businesses there. That's what this is all
about. If the people that are working in the Health District are not buying clothing or eating
food in Overtown or whatever, we're not really spreading the wealth, and I know we don't like to
talk about spreading the wealth. I don't know why that's a big -- has become such a big issue,
but it's extremely important that it reaches our residents and our constituents and our businesses,
so why even start it off like that? I mean, if this was happening in my district, I would be just like
Angel. Why not include what he's asking to have happen from the very beginning?
Mr. Hernandez: Commissioner, allow me to address that. Right now the funding that we
requested and approved was basically for the initial corridor as presented, the Health Disfrict
itself. I think that Jose Gonzalez already mentioned that we have applied or contacted the State
to be able to secure additional funding. I think the best course of action that we can take is to
structure our contract in such a way that the City reserves the right to add additional
components once we secure the funding for it.
Vice Chair Spence -Jones: Okay, and I'm cool with that. I'm just going to put on the record,
Commissioner Gonzalez, sometimes if you don't ask for that and put it in the beginning, you may
not see it till another two or three years. We're not saying -- taking it away from you, Pete. I'm
just telling you from someone that has learned from sitting up here, you know, you try to work
within the system to make it happen, and you want to give, you know, staff and everybody else
the opportunity, you know, to allow -- to give them the opportunity to expand on whatever you're
doing, but a lot of times we don't see the end results of that. So I'm saying, if we're saying it ftom
the very beginning or if he's saying it ftom the very beginning that 20th Street is important -- you
know, and I know that he's been talking about it fi^om the very beginning. I'm just not clear as to
why it is, okay, something that is being communicated now on the dais. Well, we'll get to that.
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Basically, what it feels like, "We'll get to it when we get to it, but let's deal with what our plan is
right now," but if you're telling me -- and I frust my Manager on this -- that, you know, this
particular agreement, once the RFP goes out, you'll make sure that there's some sort of ability to
expand on the agreement or come back in front of us to make the expansion possible for 20th
Street and for the loop that we've requested for 3rdAvenue, I'm cool with that. But I'm just
telling you -- I'm sure we all have learned from experiences that we've asked for stuff and it does
not come till two or three years later when you can be doing it right now. We find money to do
everything else we want to do, and this is a transportation -related issue.
Chair Sanchez: Yeah.
Vice Chair Spence -Jones: So that -- so I have a commitment from you guys that you will support
making sure that the RFP will include that?
Mr. Hernandez: We'll structure it in such a way that would allow for additions to the contract to
incorporate both loops that we have discussed. Procurement was also advising me that we could
structure the RFP in such way that we do -- that we show the other two loops as additives where
we can even get a price to start with, even though we may not have the funding to support it.
Once we have an idea as to that cost, it may help us in dealing with the FDOT and locally to
obtain the funding to support it.
Vice Chair Spence -Jones: Okay.
Mr. Hernandez: So we'll account for it in our procurement process.
Vice Chair Spence -Jones: Okay. I just wanted to make sure I officially put that on the record
because he was very clear about --
Mr. Gonzalez: Yes.
Vice Chair Spence -Jones: -- what he needed to see happen. The other part of this -- I'm going
to agree with my other colleague, Commissioner Regalado -- is -- here's a person that's had
experience beyond -- in this whole area of marketing. He's telling you that we cannot rely on
that -- I'm assuming -- I was told it's only going to be only 25 cents for this -- for the -- the fee for
the -- is that -- is it 25 cents still or is it changing or we don't know the cost of it yet?
Mr. Gonzalez: The RFP really does not specify a cost. It keeps it open. It's actually at the will
of the Commission, if you would like to charge for the service.
Vice Chair Spence -Jones: Okay.
Mr. Gonzalez: There have been a couple thoughts.
Vice Chair Spence -Jones: What is staff recommendation on it?
Bill Anido (Assistant City Manager): We --
Chair Sanchez: All right. Why don't you just put on --
Mr. Anido: -- Bill Anido, assistant City Manager -- recommend a nominal charge, 25, 50 cents.
Vice Chair Spence -Jones: Okay.
Mr. Anido: It won't be used to defray the cost of operation. It simply ensures that as opposed to
the Metromover in downtown Miami, we keep the users to actual users of the circulator as
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Meeting Minutes November 13, 2008
opposed to, let's say, some undesirables using the systems if it's free.
Vice Chair Spence -Jones: Okay.
Mr. Anido: So it's only for that purpose.
Vice Chair Spence -Jones: Okay. Mr. Chairman, I'm almost done; just hold your horses, please,
okay? You allowed everybody else to speak; allow me to speak. So what I would like to do isI
think that it's extremely important, Bill and your team, if Commissioner Regalado is bringing this
up as an issue from a marketing standpoint, to help offset or defray some of these costs -- we
know 25 cents and 50 cents is not going to cut it, so let's not go into it with a company that does
not understand how important it is for them to have, you know, the advertising and marketing
element added to whatever this RFP is going to be. They need to have some sort of knowledge
on how to do that. And I would agree with him regarding this issue because part of this was,
what's also going to be my question, when we start talking about the businesses on 20th Street or
businesses that are in the Health District, is there going to be some sort of guide or a listing of
all the businesses that could be made available as people get on and off of this circulator? Is
that one of -- that going to be one of the requirements that we're asking for? Because I can very
well see it not only having the route on there for the circulator, but also have a listing of all the
businesses because that, again, allows for us to promote the businesses in the area. Is that one
of the things that we're going to be looking for for this company to be able to do?
Mr. Anido: As a matter of fact, Commissioner, the South Florida Commuter Services has
pledged or has initially told us that they could make available as much as $100, 000 --
Vice Chair Spence -Jones: Okay.
Mr. Anido: -- that will be used in developing route maps, advertising of the route, et cetera. In
connection with that, of course, we could identify not only the --
Vice Chair Spence -Jones: Major facilities.
Mr. Anido: -- destinations within the Health District but also businesses if we extend the
services onto 20th and 7th Avenue, et cetera, so that could be part of the overall maps, the
publicity that the service will be given.
Vice Chair Spence -Jones: Okay. And that -- I'm just requesting that that is a part of it because
the maps are great, but it's extremely important that it includes the business listings, because if
people pick that up --
Mr. Anido: Sure.
Vice Chair Spence -Jones: -- and they see that they can buy a uniform at this particular place in
the heart ofAllapattah, they'll hop on that circulator and go down there and buy it instead of
leaving the neighborhood and not spending money in that particular district, so I would
definitely request that that's something that they also include. And last but not least -- and I --
you did tell me this, Bill -- that the agreement itself no matter what, all of these things that we've
officially put on the record, these are things that you're going to consider as a part of the RFP in
the selection. You're going to now make sure that somehow these things will be included in the
overall agreement, correct?
Mr. Anido: That's right, yes.
Vice Chair Spence -Jones: Okay. And that agreement still has to come in front of the City
Commi --
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Mr. Anido: No. This is strictly -- the issuance of the RFP, once we obtain bids and so forth, that
will be coming back to the Commission for approval.
Vice Chair Spence -Jones: Well, for us to approve whoever the person is?
Mr. Anido: Yes.
Vice Chair Spence -Jones: Okay.
Mr. Anido: Whoever the company is.
Vice Chair Spence -Jones: So at that time, the issues that we're addressing now, we can make
sure that that particular vendor has the ability to pull off what we need to have happen?
Mr. Anido: Is able to comply with all of the Commission's wishes. Absolutely.
Vice Chair Spence -Jones: Thank you so much, Bill --
Mr. Anido: Sure.
Vice Chair Spence -Jones: -- for your support. And thank you, Mr. Chairman, for your patience.
Chair Sanchez: Vice Chair, would you need any additional time?
Vice Chair Spence -Jones: No, sir, but thank --
Chair Sanchez: Thank you.
Vice Chair Spence -Jones: -- you very much.
Chair Sanchez: All right. There is no further discussion on the item.
Vice Chair Spence -Jones: Not at all.
Chair Sanchez: I think we're prepared to vote on the item. All right, it's a resolution. All in
favor, say "aye. "
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Congratulations. Thank you --
Mr. Gonzalez: Thank you.
Chair Sanchez: -- very much. All right.
RE.4 08-00953 RESOLUTION
Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
Public Works ATTACHMENT(S), AUTHORIZING AND PERMITTING THE CONSTRUCTION
AND MAINTENANCE OF A NINE (9) LEVEL PEDESTRIAN OVERPASS OVER
AND ACROSS THE PUBLIC ALLEY LOCATED APPROXIMATELY 160 FEET
SOUTH OF BIRD ROAD, BETWEEN SOUTHWEST 38TH COURT AND
SOUTHWEST 38TH AVENUE, MIAMI, FLORIDA, BY 3031 INVESTMENT
CORPORATION, IN ORDER TO CONNECT THE NEWLY CONSTRUCTED
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Meeting Minutes November 13, 2008
Votes:
PROFESSIONAL BUILDING AND PARKING GARAGE LOCATED AT 3850
BIRD ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL CLEARANCE
OF 16 FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY;
CONDITIONED UPON THE 3031 INVESTMENT CORPORATION
EXECUTING A COVENANT RUNNING WITH THE LAND, IN
SUBSTANTIALLY THE ATTACHED FORM, 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, AMONG OTHER TERMS SET FORTH
THEREIN; PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS
FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS; FURTHER
AUTHORIZING THE CITY MANAGER TO ACCEPT SAID COVENANT, FOR
SAID PURPOSE.
08-00953 Exhibit.pdf
08-00953 Exhibit 2.pdf
08-00953 Exhibit 3.pdf
08-00953 Legislation V2.pdf
08-00953 Summary Form V2.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Chair Sanchez: All right, Mr. City Manager, do you have any items that you will be requesting
to be deferred?
Pedro G. Hernandez (City Manager): Mr. Chair, RE.4, which is an item that we've had on the
agenda a few times, and I was expecting the applicant to be here today to proffer what he plans
to do with respect to public purpose. That's -- this is the nine -level pedestrian overpass over the
alley. The applicant called in. He's got a family emergency and would like to ask for the time to
be deferred to December.
Chair Sanchez: All right. Need a motion to defer the item to --
Commissioner Gonzalez: Move it.
Chair Sanchez: -- the December agenda.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by Vice Chair
Spence -Jones. No discussion on the deferral. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right? Madam Clerk, the item has been
deferred to the December agenda.
RE.5 08-01120 RESOLUTION
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Meeting Minutes November 13, 2008
Department of
Capital
Improvements
Program
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), ACCEPTING GRANT FUNDS, IN THE AMOUNT NOT TO
EXCEED $1,000,000, CONSISTING OF A DRAINAGE IMPROVEMENT
GRANT FROM THE DEPARTMENT OF ENVIRONMENTAL PROTECTION,
WITH THE AMOUNT OF $500,000, BEING APPROPRIATED TO FUND THE
FAIRLAWN STORM SEWER IMPROVEMENTS PROJECT - PHASE III,
B-50704, AND THE REMAINING AMOUNT OF $500,000, BEING
APPROPRIATED TO FUND THE SAN MARCO AND BISCAYNE ISLANDS
DRAINAGE IMPROVEMENTS, B-30588; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND
ADMINISTRATION OF SAID GRANT; FURTHER IDENTIFYING THE CITY OF
MIAMI'S REQUIRED MATCHING FUNDS, FROM HOMELAND DEFENSE AND
STREET BOND FUNDS FOR THE FAIRLAWN PROJECT, FROM CAPITAL
IMPROVEMENT PROGRAM ("CIP") PROJECT NO. B-50704, AND
MATCHING STREETS BOND FUNDS FOR THE SAN MARCO PROJECT,
FROM CIP PROJECT NO. B-30588.
08-01120 Legislation.pdf
08-01120 Exhibit.pdf
08-01120 Exhibit 2.pdf
08-01120 Exhibit 3.pdf
08-01120 Exhibit 4.pdf
08-01120 Exhibit 5.pdf
08-01120 Exhibit 6.pdf
08-01120 Exhibit 7.pdf
08-01120 Exhibit 8.pdf
08-01120 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: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0648
Direction by Chair Sanchez to the Administration to provide a report on the monies spent to date
and the cost to complete the Fairlawn Storm Sewer Improvement Project and the San Marco and
Biscayne Islands Drainage Improvement Projects.
Chair Sanchez: And we go to RE.5.
Hector Mirabile (Director, Employee Relations): Thank you.
Chair Sanchez: RE.5, it's also a resolution, and that -- Okay.
Ola Aluko: Ola Aluko, director of Capital Improvements, City ofMiami. RE.5, Mr.
Commissioner, is a resolution to approve the City ofMiami's 2008-2009 multi year capital plan.
Mr. Chair, this capital plan is an update to the 2007-2008 capital plan that was approved in
June of 2008, and we have added additional projects since June of '08. We've also added
allocations of funds received since June of '08, and we're also complying with the Financial
Integrity Ordinance, which requires that a capital plan be approved by the month of November.
Commissioner Gonzalez: But RE.5 is accepting a grant, isn't it?
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Meeting Minutes November 13, 2008
Mr. Aluko: My --
Chair Sanchez: Right.
Unidentified Speaker: Yes.
Commissioner Gonzalez: RE.5 is a resolution accepting a grant.
Chair Sanchez: Yeah, it is.
Mr. Aluko: My -- it is --
Chair Sanchez: It's accepting a grant.
Mr. Aluko: -- apologizes.
Chair Sanchez: All right.
Mr. Aluko: I'll start it over again. Ola Aluko --
Chair Sanchez: It's okay.
Mr. Aluko: -- director of Capital Improvements. RE.5, this is a resolution to accept a grant
from the Department of Environmental Protection. This grant is in the amount of $1 million.
The grant will be used towards our projects, San Marco Island and also our Fairlawn
Stormwater project.
Commissioner Gonzalez: Move it.
Chair Sanchez: Motion by Commissioner Gonzalez.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Second by the Vice Chair. It is a --
Commissioner Gonzalez: Resolution.
Chair Sanchez: -- resolution. It does not require a public hearing. Madam Clerk, this
resolution does not require a public hearing, does it?
Commissioner Gonzalez: No.
Pamela E. Burns (Assistant City Clerk): That's correct.
Chair Sanchez: Okay. All right. On the item, are there any questions to the Administration or
the Department? If not, the only thing that I would like to see from CIP (Capital Improvements
Project) is how much has been spent on each of these projects and how much it would cost to
complete these projects --
Mr. Aluko: Very well.
Chair Sanchez: -- please.
Mr. Aluko: The projects are just going into their designing phases. We can have that
information for you --
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Meeting Minutes November 13, 2008
Chair Sanchez: I'm sure you've --
Mr. Aluko: -- prior to the next meeting.
Chair Sanchez: -- allocated funds for the design phase, and then how much is it going to cost.
Mr. Aluko: That is --
Chair Sanchez: I think it's important.
Mr. Aluko: -- correct.
Chair Sanchez: All right. No further discussion on RE.5. 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.
RE.6 08-01256 RESOLUTION
Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING
Waste PAYMENT TO MIAMI-DADE COUNTY ("COUNTY") FOR THE DISPOSAL OF
CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI
(CITY"), IN AN ESTIMATED AMOUNT NOT TO EXCEED $9,331,000, TO BE
EXPENDED AS NECESSARY THROUGHOUT THE FISCAL YEAR, FOR A
ONE-YEAR PERIOD, PURSUANT TO AN INTERLOCAL AGREEMENT
ENTERED INTO SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY AND
THE COUNTY; STIPULATING THAT IF A SUPPLEMENTAL ALLOCATION IS
REQUIRED, IT WILL BE BROUGHT BACK TO THE CITY COMMISSION FOR
APPROVAL; ALLOCATING FUNDS FROM ACCOUNT CODE NO.
04001.213000.549000.0000.00000.
08-01256-Legislation-SUB.pdf
08-01256-Submittal-E-mail-Resolution for Scale Fees.pdf
08-01256 Summary Form.pdf
Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0649
Chair Sanchez: We move on to RE.6. RE.6 is authorizing payment, Miami -Dade Scale Fee.
That's something we do every year --
OlaAluko (Director, Capital Improvements Program): Right.
Chair Sanchez: -- and it continues to increase every year.
Commissioner Gonzalez: It hurts, but we have to do it, so I'll make a motion on it.
Mario Soldevilla (Director, Solid Waste): Yeah.
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Chair Sanchez: All right, but before we get a motion, could you just put something on the
record?
Mr. Soldevilla: Yes. And I need to make one amendment too.
Chair Sanchez: All right. An -- modification?
Mr. Soldevilla: Modification.
Chair Sanchez: Okay.
Mr. Soldevilla: Mario Soldevilla, director of Solid Waste. This is authorizing -- requesting your
authorization to make payments to Dade County for our disposal cost at the County facility in
the amount of $9, 331, 000. There is one modification that I have to make. Where it states in the
resolution stipulating that the amount cannot be increased without prior approval of the City's
Office of Strategic Planning, Budgeting and Performance, that should be modified to --
stipulating that if a supplemental allocation is required, it will be brought back to the City
Commission for approval.
Vice Chair Spence -Jones: On that note, I will second it.
Chair Sanchez: Okay. And that was a concern that I can see all of us had --
Mr. Soldevilla: Yes.
Chair Sanchez: -- because they continue to increase, and once we allocate `X" amount of
dollars and it increases, we have no authority.
Mr. Soldevilla: Correct.
Chair Sanchez: Then it's really be -- comes down to a policy issue. All right, it is a resolution.
Discussion on the item. Commissioner Regalado, you're recognized.
Commissioner Regalado: On the City Manager's agenda, still is to get a report on the frash
pickup and -- which is about 60 days from the day that we did the budget, which is almost over,
and -- so there's also the ideas that you all discussed, at least with me and I'm sure with the other
members, of diverting some of this bulk frash to Virginia Key.
Mr. Soldevilla: That's correct.
Commissioner Regalado: So this is only for one year.
Mr. Soldevilla: This is correct.
Commissioner Regalado: This is not tie, Mr. Manager, to any other talks that we have with the
County. In other words, the County, I remember several month ago, say we'll give you this, but
you have to commit to ten years of this; is that correct?
Pedro G. Hernandez (City Manager): Right. Commissioner, this is not tied to --
Commissioner Regalado: No.
Mr. Hernandez: -- anything else.
Commissioner Regalado: I understand that, but they had that idea. So my question --
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Mr. Hernandez: Well, I think you're making reference to Virginia Key Landfill; that the County
had set aside an amount of I believe, 45 millions to do the final remediation of the Virginia Key
Landfill; and of course, if they contribute that amount to the City for that remediation project,
they would expect the City to extend our contract with them to continue taking our waste to them.
However, we're nowhere near reaching a decision point on that.
Commissioner Regalado: No. The question was because they expected a quid pro quo, but --
what I'm concerned is that this is only for one year, and next year it could be more because we
may have a hurricane, you know, but it could be less if we implement the plan for Virginia Key of
mulching and bringing tree limbs and all that.
Mr. Soldevilla: Right. And actually, Commissioner, we are bringing stuff to Virginia Key right
now. We can do that. But this one is strictly the interlocal agreement that we have with
Miami -Dade County --
Chair Sanchez: Tipping fees.
Mr. Soldevilla: -- for the tipping fees, which runs through 2014, so this contract really runs
through 2014; and what it takes into consideration is the CPI (Consumer Price Index) index
adjustment that they do every year. This year it was -- the CPI was adjusted to five percent. It is
capped at five percent.
Commissioner Regalado: It is capped at five percent.
Mr. Soldevilla: It is capped at five percent.
Commissioner Regalado: Nationally, it's capped at five percent, is my understanding; but why
do we have to take it always to the five percent? Or why do they --?
Mr. Soldevilla: Well, that's what the County --
Commissioner Regalado: No. I understand that.
Mr. Soldevilla: -- brought it to us.
Commissioner Regalado: But since we're taking to Virginia Key, the bulk is less.
Mr. Hernandez: Right.
Mr. Soldevilla: Correct, but the total amount that we're actually taking to Virginia Key right
now is approximately 2,000 tons out of 168, 170,000 tons that we actually dispose of during the
year, so it's a small amount in comparison.
Commissioner Regalado: Okay.
Mr. Hernandez: Commissioners, for general information, one of the programs that we feel will
help us the most is by improving our recycling program. When we do that, we'll be able to divert
and reduce the waste that we take to the County, therefore reducing the tipping fees that we pay.
So that's why we're pushing forward in coming up with a new program that will help us reduce
that amount.
Mr. Soldevilla: That's correct.
Chair Sanchez: But right now our recycling program is not doing so well.
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Meeting Minutes November 13, 2008
RE.7 08-01251
Department of
Capital
Improvements
Program
Mr. Soldevilla: Right now we're recycling about 3,500 tons a year. What -- where we want to
bring it to is to actually significantly increase that. Of course, we're trying to put together a
plan, as the Manager explained, which is what we try to do before, which looks at all of our
functions comprehensively to address each one individually, and we are working on that plan
and we will be bringing it forward to you.
Chair Sanchez: And I do agree that the more recycling we do is less trash that we have to --
Mr. Soldevilla: Oh, absolutely.
Chair Sanchez: -- truck around and --
Mr. Soldevilla: Yeah.
Chair Sanchez: -- change from station to station where it's cost -consuming for the City.
Mr. Soldevilla: Yeah.
Chair Sanchez: So we need to improve the recycling.
Mr. Soldevilla: Absolutely.
Chair Sanchez: All right. Any further discussion on the item? Hearing no further discussion on
the item, it's a resolution, as amended. It was amended for the record.
Pamela E. Burns (City Clerk): Excuse me. Mr. Chair, we didn't hear a motion.
Commissioner Gonzalez: I made a motion, yeah.
Chair Sanchez: There was a motion. The motion was made by Commissioner Gonzalez and
seconded by Commissioner Regalado, okay. And no further discussion on the resolution. All
those in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY'S") 2008-2009
MULTI -YEAR CAPITAL PLAN ("PLAN"), ATTACHED AND INCORPORATED,
AS REQUIRED BY SECTION 163.3177, FLORIDA STATUTES (2007), AND
PURSUANT TO CHAPTER 18/ ARTICLE IX/DIVISIONS 1 AND 2 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED
"FINANCE/FINANCIAL POLICIES/ANTI-DEFICIENCY ACT/FINANCIAL
INTEGRITY PRINCIPLES", TO SET FORTH THE CITY'S FISCAL NEEDS
FOR CAPITAL IMPROVEMENTS, SUBJECT TO AN ANNUAL PLAN REVIEW,
TO DETERMINE PROJECT PRIORITIES AND TO MODIFY FUNDING
ALLOCATIONS AS NECESSARY.
08-01251 Legislation.pdf
08-01251 Exhibit.pdf
08-01251 Summary Form.pdf
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Meeting Minutes November 13, 2008
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be ADOPTED WITH MODIFICATIONS PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0650
Chair Sanchez: RE.7.
Ola Aluko. Ola Aluko, director of City ofMiami Capital Improvements Department. RE.7 is a
resolution to approve the City ofMiami's 2008-2009 multi year capital plan. As mentioned
earlier, back in June of 2008, the 2007-2008 capital plan was approved; and we bring forth this
document as an update to that particular plan. What we've done is added additional projects
since June of '08. We have allocated funds that has come forth to the City since June of '08, and
we're also complying with the Financial Integrity Ordinance, which has required that we have
an approved capital plan by November of the current fiscal year.
Chair Sanchez: All right.
Mr. Aluko: I would like to add a minor modification as a scrivener's error. This -- I'd like to
added it into the cap -- into the plan. Any project similar to the downtown Beautification,
Orange Bowl or Civic Center improvements will be revised and changed as citywide projects.
Chair Sanchez: Regional.
Mr. Aluko: I'm sorry?
Chair Sanchez: Regional. In other words, the --
Mr. Aluko: Yes.
Chair Sanchez: -- entire City ofMiami.
Mr. Aluko: Exactly. That's way -- that way it's not booked to that particular district, and it's just
for clarification.
Chair Sanchez: Okay. All right.
Commissioner Gonzalez: Motion on the item.
Chair Sanchez: There's a --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- motion by Commissioner Gonzalez, second by the Vice Chair. It is a
resolution. Any further discussion on the item? I want to take the opportunity to thank you for
that --
Aluko: You're welcome.
Chair Sanchez: -- and will limit my discussion on the item because of time. Okay. All in favor,
say "aye."
The Commission (Collectively): Aye.
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Meeting Minutes November 13, 2008
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Mr. Aluko: Thank you.
RE.8 08-01252 RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
WITH ENTERPRISE COMMUNITY DEVELOPERS, TO PROMOTE GREEN
BUILDING IN AFFORDABLE HOUSING THROUGH THE GREEN
COMMUNITIES INITIATIVE.
08-01252 Legislation.pdf
08-01252 Exhibit.pdf
08-01252 Exhibit 2.pdf
08-01252 Summary Form.pdf
SPONSORS: OFFICE OF SUSTAINABLE INITIATIVES
DEPARTMENT OF COMMUNITY DEVELOPMENT
Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0651
Chair Sanchez: RE.8, it's a resolution. That comes from the Office of Sustainable Initiative
[sic].
Robert Ruano: Yes. And this is cosponsored by the Department of Community Development.
Robert Ruano, director of Grants and Sustainable Initiatives. This is a resolution authorizing
the City Manager to execute a cooperation agreement with the Enterprise Community Partners.
Actually, I should say there is a clarification. Some places -- I apologize -- it says developers
and it's actually partners, which is in the body of the resolution -- to promote green building and
affordable housing developments in the City ofMiami, utilizing the green community's criteria.
And with us today, obviously, is director of Community Development, George Mensah, but Dana
Bourland, who is the senior director of Green Communities, and she wanted to say a few words.
She's from Enterprise Community Partners.
Chair Sanchez: Welcome.
Dana Bourland: Thank you. Great. Thank you.
Chair Sanchez: Good to have you here.
Ms. Bourland: It's great to be here and it's great to see the hybrids and the solar panels outside,
but it's even better to witness the City's commitment really to those who stand to benefit the most
from the green economy.
Chair Sanchez: They didn't work today.
Ms. Bourland: No, no. We were chatting about that. We'll get you off that grid.
Vice Chair Spence -Jones: State your name for the record.
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Meeting Minutes November 13, 2008
Ms. Bourland: My name?
Vice Chair Spence -Jones: Yes.
Ms. Bourland: Oh. For the record, my name is Dana Bourland. But, yes, it's even better to see
your commitment to really those who stand to benefit the most from the green economy as
evidenced by this resolution and just want to say thank you for your leadership specifically on
the issues of providing and preserving affordable housing; and it's a real privilege to be here
today. We've been working on this for about a year now. And to play on something, Chairman
Sanchez, that you brought out earlier, we don't -- the future isn't written for us. We have to write
the future, and I think we know even more so today that we have to write a future where housing
is not only affordable to get into, but it's affordable to own and operate and maintain over its
life. And over the last four years, Enterprise has invested over half a billion dollars into 300
green affordable housing developments across the country, so roughly, 13,000 green affordable
homes all built to the green community's criteria. So we know that green can work in affordable
housing. It is being done cost effectively across the country, and we're really thrilled to be
collaborating with the City to ensure successful implementation of greening -- bringing the green
building methods and materials across the City's housing and community development efforts,
and we are committed to bring our infrastructure around the green community's program
through training and technical assistance and grant funding to really make this work and to also
help green jobs around the effort that's going to need to take place, particularly around the
preservation efforts that were mentioned earlier, and to make sure that the contractors and
others are really prepared to do those renovations in the most environmentally responsible way
so that we have housing that continues to be affordable to operate and maintain. So just thrilled
to be here and look forward to working with the City to implement this resolution.
Chair Sanchez: Thank you so much. All right, is there a motion?
Commissioner Regalado: Move it.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Okay. The motion has been made by Commissioner Regalado, second by the
Vice Chair. Discussion on the item? Hearing no discussion on the item, just that we're taking
our sustainable initiative seriously in our city and moving forward. 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, 4/0,
Madam Clerk.
RE.9 08-01309 RESOLUTION
District 3- Chair
Joe Sanchez
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA
LEGISLATURE TO EQUALIZE THE PROPORTIONATE AMOUNT OF
FUNDING PROVIDED TO EACH JURISDICTION FROM STATE FUNDS
BASED ON POPULATION TO EACH REGION OF FLORIDA, INCLUDING
SOUTH FLORIDA; DIRECTING THE CITY OF MIAMI'S STATE LOBBYISTS
TO ADVOCATE FOR SOUTH FLORIDA'S FAIR SHARE OF STATE
SPENDING AND TO INCLUDE THIS RESOLUTION IN THE 2009 STATE
LEGISLATIVE PACKAGE; FURTHER DIRECTING THE TRANSMITTAL OF A
COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES.
08-01309 Legislation.pdf
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Meeting Minutes November 13, 2008
Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be
ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0652
Direction by Commissioner Regalado to the Administration to provide a report regarding the
construction of a new port in Panama City, which would affect South Florida.
Chair Sanchez: Okay, RE.9. RE.9 is an item I will present. This is an item that has been
presented by several other municipalities in Dade and Broward that have passed this same
version of ordinance -- of resolution basically requiring fair share of what they contribute to the
State as State Legislative package from our staff to be presented to our lobbyists to take to
Tallahassee. I think we need to emphasize that -- simply state that a lot of the funds that are
generated here, the tax revenues that are generated here, as well as other local municipalities
that are going to Tallahassee, the money doesn't come back. And I'm not saying that, you know,
we should get our fair share, 50/50; we should not. However, a lot of that money is being
generated down here in Miami and is going towards other cities throughout the state, and I think
cities having the relationship that they have with the State finally are stating very clearly that
that way of -- that method needs to change so they could start sending back more of the money
that's generated locally. So I think, on behalf of all the municipalities that have proffered this
legislation to Tallahassee, I think that we should join them basically stating that we want our fair
share coming back to the City. I know that the County did and other municipalities are doing it,
and I'm sure that they're going to be lobbied hard in Tallahassee. However, you know, we'll try
our best. So that's the resolution that has been put forward.
Commissioner Gonzalez: Motion on RE.9.
Chair Sanchez: Can you read the resolution into the record, Madam Attorney?
Julie O. Bru (City Attorney): Yes. Mr. Chairman, this resolution reads as follows.
The Resolution was read by title into the public record by the City Attorney.
Vice Chair Spence -Jones: We had a motion --
Chair Sanchez: I --
Vice Chair Spence -Jones: -- on this item by the Chair. Do I have a second?
Commissioner Regalado: Second.
Vice Chair Spence -Jones: All in favor?
The Commission (Collectively): Aye.
Vice Chair Spence -Jones: This item passes.
Commissioner Regalado: And ifI may, Mr. Chairman, it's important that the Administration
understand that there might be a special session of the Legislature in December, and that this
item will be brought to the Legislature on that special session because over there is where they're
going to be cutting the budget up to a billion dollar more, and it's important that the Dade
Delegation understand that we really need to have our fair share. And the other thing is that we
really need a report from the Administration for the other members of the Commission of the --
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Meeting Minutes November 13, 2008
RE.10 08-01314
City Manager's
Office
what they call the Northwestern Counties Alliance of Florida that -- as you know, they're
building the new port in Panama City and that is a plan that would certainly have some effect
here in South Florida. Thank you.
Chair Sanchez: Just to elaborate on that, and I just want you to imagine this. When the federal
government reduces what they send down to local governments, whether it's the state or the
national government, they reduce the money being sent down to our local governments. People,
the residents -- the people that live in the City, it's very hard for you to go up and see your
congressman or very hard for you to see your state representative or your senator pertaining to
these issues. Now they continue to reduce the assistance that are sent to local governments.
However, local governments does not reduce the taxes that are being sent to our state, and a
large proportion of that money is being used elsewhere in the state when a lot of that money
should be coming back for key elements of a great community, such as education, transportation,
those elements. So I think local governments are all fed up that every year, they have to face
reductions from the federal government and the state; and we have to sit here and reduce our
budgets, end up reducing our services and not meeting the needs of the people that we represent.
And really, it's not our fault. It's really the State's fault and the federal government for
continuing to reduce the money that's allocated for local governments. I just wanted to put that
on order record, and I just wanted to state that I support this resolution and will join forces with
all the other cities that have put together a resolution like this heading to our State. All right. I
think we need to vote on the issue. All those in favor, say "aye."
The Commission (Collectively): Aye.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE
RESTRUCTURE OF THE LEASING OF APPROXIMATELY EIGHT (8) ACRES
OF LAND AT BICENTENNIAL PARK, MIAMI, FLORIDA, TO THE MIAMI ARTS
MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM") AND THE
MUSEUM OF SCIENCE, INC. ("MSM"), PURSUANT TO THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF MIAMI ("CITY"),
MIAMI-DADE COUNTY, THE MIAMI SPORTS AND EXHIBITION AUTHORITY
("MSEA"), MAM, MSM AND THE HISTORICAL ASSOCIATION OF
SOUTHERN FLORIDA, INC., FOR THE IMPLEMENTATION OF THE
MUSEUM PARK PROJECT IN BICENTENNIAL PARK; AUTHORIZING THE
CITY MANAGER TO NEGOTIATE THE LEASES AND THE DEFINITIVE
DOCUMENTS DIRECTLY AMONG THE CITY, MAM, AND MSM.
08-01314 Legislation.pdf
08-01314 Summary Form.pdf
08-01314 Text File Report.pdf
08-01314 Text File Report 2.pdf
08-01314 Legal Opinion.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, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0653
Chair Sanchez: RE.10 is approving the restructure [sic] ofMuseum Park project. All right.
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Meeting Minutes November 13, 2008
RE.11 08-01257
Department of
Planning
Roger Hernstadt: Good afternoon, Mr. Chairman, Commissioners. Roger Hernstadt, assistant
City Manager. This is a resolution relating to the negotiations of the Museum Park Definitive
Project documents; authorizing the City Manager to negotiate such documents directly with the
museums without the involvement of the Miami Sports and Exhibition Authority, commonly
known as MSEA (Miami Sports & Exhibition Authority). On October 7, 2008, the City Attorney
opined that the City ofMiami may lease the museum parcels directly to museums without the
involvement ofMSEA because the project constitutes a project of government agencies, so this
would allow us to -- City Administration to negotiate those definitive documents directly with
MSEA -- excuse me; directly with the museums without the involvement ofMSEA.
Chair Sanchez: All right, it is a resolution. Need a motion.
Commissioner Gonzalez: Motion on the item.
Chair Sanchez: There's a motion by Commissioner Gonzalez. Need a second.
Vice Chair Spence -Jones: Second.
Chair Sanchez: Second. There's a second. The purpose of discussion maybe. All right. Discuss
the item, Commissioner Regalado, on RE.10.
Commissioner Regalado: Does -- Madam City Attorney, does MSEA needs to meet to rescind
the resolution approve?
Julie O. Bru (City Attorney): Commissioner, the way I see this -- and of course, this is to be
confirmed by the counsel for MSEA -- but the way I see it, the MO U (Memorandum of
Understanding) is a nonbinding agreement and it just set forth the intent of the parties. To the
extent that the City is the fee simple owner of the parcels that were going to be conveyed to
MSEA, if the City, by act of the -- of this body, redirects how the negotiation and how the
conveyance is to occur and changes that particular aspect of the MO U, I don't think that really
it's necessary for MSEA to take any action. I think it can be done unilaterally.
Commissioner Regalado: Okay. Thank you. That's all, Mr. Chairman.
Chair Sanchez: Okay. Any further questions on RE.10, which is a resolution? If not, 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." RE.10 has been
approved, 4/0, Madam Clerk.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM,
BETWEEN THE CITY OF MIAMI AND THE CITY OF CORAL GABLES, TO
ALLOW THE COMBINED PROPERTIES AT 114 PONCE DE LEON
BOULEVARD, CORAL GABLES, FLORIDA, AND 3690 WEST FLAGLER
STREET, MIAMI, FLORIDA, TO BE DEVELOPED AS ONE INTEGRATED
DEVELOPMENT LOCATED OVER THE MUNICIPAL BOUNDARIES OF BOTH
CITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION AND NO LESS THAN THREE (3) EXECUTED ORIGINALS TO
THE CITY OF CORAL GABLES, FOR THE EXECUTION OF SAID
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Meeting Minutes November 13, 2008
AGREEMENT BY THE CITY OF CORAL GABLES.
08-01257 Legislation.pdf
08-01257 Exhibit.pdf
08-01257 Exhibit 2.pdf
08-01257 Exhibit 3.pdf
08-01257 Summary Form.pdf
Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this
matter be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0654
Chair Sanchez: Before we open up CA.10 for discussion, as a point of privilege by the Chair,
RE.11, PH 1 will be tabled to the afternoon at the request of the applicant who had a death in
her family. However, they will make it in the afternoon. So both of those items, for the record,
will be tabled to the afternoon, after 2 o'clock, and they will be taken up.
Vice Chair Spence -Jones: RE.11?
Chair Sanchez: I'm sorry?
Iris Escarra: Iris Escarra, 1221 Brickell Avenue. There was one other item, PZ.7.
Chair Sanchez: Well, PZ.7, I think, is going to be heard anyway --
Ms. Escarra: In the -- it was --
Chair Sanchez: -- in the afternoon --
Ms. Escarra: Okay.
Chair Sanchez: -- so we don't have to worry about that. I don't think we're going to get to the
PZ (Planning & Zoning) items in the afternoon -- this item before the afternoon.
Vice Chair Spence -Jones: Mr. Chairman.
Chair Sanchez: If anything, we'll just take it to the afternoon. Yes.
Vice Chair Spence -Jones: Can you repeat that again? You said RE.11 --
Chair Sanchez: RE.11 and PHI will be tabled to the afternoon.
Ms. Escarra: Thank you very much.
Chair Sanchez: If for whatever reason, PH 7 [sic] comes up before the lunch break, we'll also
table that one till the afternoon.
"[Later...]"
Chair Sanchez: We go to RE.11.
Orlando Toledo: Orlando Toledo, senior director of Building, Planning and Zoning. This is a
resolution to authorize the City Manager to execute an interlocal agreement with the City of
Miami and the City of Coral Gables. Forty-nine thousand, two hundred and forty-two feet are
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City Commission
Meeting Minutes November 13, 2008
going to be built on the Coral Gable side, seventeen thousand, nine hundred and sixteen square
feet are going to be built on the City ofMiami side.
Commissioner Regalado: Move it. This is in District 4 and District --
Chair Sanchez: There is a motion. Need a second.
Vice Chair Spence -Jones: Second.
Chair Sanchez: All right, there is a second for the record. The item is --
Commissioner Regalado: And basically --
Chair Sanchez: -- under discussion. You're recognized for the record for discussion.
Commissioner Regalado: Thank you. And basically, the change on this interlocal is the first
responders, right?
Mr. Toledo: Yes.
Commissioner Regalado: Now will be Coral Gables and then Miami --
Mr. Toledo: Yes, Commissioner.
Commissioner Regalado: -- because the majority of the building will be on the Coral Gables
side.
Mr. Toledo: Exactly.
Commissioner Regalado: On taxes, this City will get --
Mr. Toledo: What we did is we took percentages on the number of square feet that the City of
Miami was going to build on and the number of square feet that Coral Gables was going to build
on.
Commissioner Regalado: Okay. Thank you, Mr. Chairman.
Chair Sanchez: All right. No further discussion on the item. We are on RE.11. It is a resolution
brought to us by the Department of Planning. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion has passed.
RE.11 has been approved, 4/0.
END OF RESOLUTIONS
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Meeting Minutes November 13, 2008
BOARDS AND COMMITTEES
BC.1 08-00317 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY
TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED
HEREIN.
APPOINTEES:
08-00317 memo 12-11-08.pdf
08-00317 members 12-11-08.pdf
NOMINATED BY:
Chair Joe Sanchez
Vice Chair Michelle Spence -Jones
Commissioner Tomas Regalado
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.1.
BC.2 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.
APPOINTEE: NOMINATED BY:
Vice Chair Michelle Spence -Jones
08-00898 members 11-13-08.pdf
08-00898 memo 11-13-08.pdf
08-00898-Applications 11-13-08.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.2.
BC.3 08-00906 RESOLUTION
City ofMiami Page 90 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND
ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS
DESIGNATED HEREIN.
APPOINTEE/CATEGORY: NOMINATED BY:
Chair Joe Sanchez
(Architect/Architect Historian)
08-00906 memo 12-11-08.pdf
08-00906 members 12-11-08.pdf
08-00906-Applications.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.3.
BC.4 08-01157 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
08-01157 memo 12-11-08.pdf
08-01157 members 12-11-08.pdf
NOMINATED BY:
Chair Joe Sanchez
Chair Joe Sanchez
Commissioner Angel Gonzalez
Commissioner Marc David Sarnoff
Commissioner Marc David Sarnoff
Commissioner Tomas Regalado
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.4.
BC.5 08-01175 RESOLUTION
City ofMiami Page 91 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY
BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR A TERM
AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Lynnette Gonzalez Mayor Manuel Diaz
08-01175 memo 11-13-08.pdf
08-01175 members 11-13-08.pdf
08-01175-Applications Memo.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.5.
BC.6 08-01177 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING
ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
08-01177 memo 12-11-08.pdf
NOMINATED BY:
Commissioner Angel Gonzalez
Commissioner Angel Gonzalez
Commissioner Angel Gonzalez
Commissioner Angel Gonzalez
Commissioner Angel Gonzalez
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.6.
BC.7 08-01261 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT
City ofMiami Page 92 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
08-01261 memo 12-11-08.pdf
08-01261 members 12-11-08.pdf
NOMINATED BY:
Chair Joe Sanchez
Commissioner Angel Gonzalez
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
BC.8 08-01262
Office of the City
Clerk
BC.9
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.7.
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT
ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Commissioner Tomas Regalado
08-01262 memo 12-11-08.pdf
08-01262-Stuart Sorg Letter.pdf
08-01262 members 12-11-08.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.8.
08-01263 RESOLUTION
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND
DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM
OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Vice Chair Michelle Spence -Jones
City ofMiami Page 93 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Commissioner Angel Gonzalez
Commissioner Tomas Regalado
Mayor Manuel Diaz
Mayor Manuel Diaz
Mayor Manuel Diaz
Mayor Manuel Diaz
Mayor Manuel Diaz
08-01263 memo 12-11-08.pdf
08-01263 members 12-11-08.pdf
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.9.
BC.10 08-01264 RESOLUTION
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE
BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS
DESIGNATED HEREIN.
APPOINTEES:
08-01264 memo 12-11-08.pdf
08-01264 members 12-11-08.pdf
NOMINATED BY:
Commissioner Marc David Sarnoff
Commissioner Marc David Sarnoff
Commissioner Marc David Sarnoff
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.10.
BC.11 08-01265 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING
Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY
City ofMiami Page 94 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES:
08-01265 memo 12-11-08.pdf
08-01265 members 12-11-08.pdf
NOMINATED BY:
Chair Joe Sanchez
Vice Chair Michelle Spence -Jones
Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter
be CONTINUED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
Note for the Record: Please refer to item BC.12 for minutes referencing item BC.11.
BC.12 08-01267 RESOLUTION
Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND
ENTERTAINMENT COUNCIL FOR A TERM AS DESIGNATED HEREIN.
APPOINTEES:
Marvin Weeks
08-01267 memo 11-13-08.pdf
08-01267 members 11-13-08.pdf
NOMINATED BY:
Vice Chair Michelle Spence -Jones
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0655
Chair Sanchez: We could go ahead and go into the boards.
Commissioner Regalado: Could you -- you want to do the boards after the PZ (Planning &
Zoning, or you want to do the boards?
Chair Sanchez: No, no. It's -- I'm going to defer all my boards.
Commissioner Regalado: Me, too.
Chair Sanchez: I don't know what you're going to do.
Commissioner Regalado: Me, too.
Chair Sanchez: You, too?
Commissioner Regalado: Yeah.
City ofMiami Page 95 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Chair Sanchez: All right. Can we all agree to defer all our boards?
Vice Chair Spence -Jones: I just have one.
Commissioner Gonzalez: I'll defer.
Chair Sanchez: Okay. You have one. But for the record, Commissioner Regalado defers all his
board appointments, the Chair defers all his board appointments, Commissioner Gonzalez defers
all his board appointments. Vice Chair, you're recognized for the record for one appointment.
Vice Chair Spence -Jones: Yes. Madam City Clerk, I'd like to appoint -- reappoint Marvin
Weeks. He should already be on the board.
Pamela E. Burns (Assistant City Clerk): Which item is that, Vice Chair?
Vice Chair Spence -Jones: BC.12, Arts and Entertainment. It keeps showing up, but you know --
for whatever reason.
Chair Sanchez: Okay. His name has been proffered. Is he under good standing? Does he need
Commissioner Gonzalez: Second.
Chair Sanchez: -- any waivers?
Ms. Burns: Mr. Weeks does not require a waiver.
Chair Sanchez: All right. Is there a second?
Commissioner Gonzalez: Second.
Chair Sanchez: There's a second by Commissioner Gonzalez. Any further discussion? Hearing
no discussion on that appointment, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The
individual has been nominated and confirmed for that board appointment.
BC.13 08-01268 RESOLUTION
Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE
STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN.
APPOINTEES:
Constance Gilbert
08-01268 memo 11-13-08.pdf
08-01268 members 11-13-08.pdf
NOMINATED BY:
Vice Chair Michelle Spence -Jones
Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter
be ADOPTED PASSED by the following vote.
City ofMiami Page 96 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0656
Chair Sanchez: Do you have another appointment?
Vice Chair Spence -Jones: It's not for -- yeah. I'm sorry. BC.13, Madam City Clerk [sic], it is
the Commission on the Status of Women. Constance Gilbert.
Commissioner Gonzalez: Second.
Vice Chair Spence -Jones: Thank you.
Chair Sanchez: All right. The Vice Chair has proffered a name. Does that name need any
waivers or --?
Pamela E. Burns (Assistant City Clerk): No, she does not, but you have two appointments. Who
is she replacing?
Vice Chair Spence -Jones: Thema Campbell.
Ms. Burns: Okay, thank you.
Chair Sanchez: Okay. There's a motion and a second, the name that has been proffered. All in
favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Now
we need a motion to defer all the board appointments to the December Commission.
Commissioner Gonzalez: Motion on the deferment.
Chair Sanchez: There's a motion by --
Vice Chair Spence -Jones: Second.
Chair Sanchez: -- Commissioner Gonzalez, second by the Vice Chair. No discussion on the
item. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That
takes care of all the board appointments. Thank the good Lord.
END OF BOARDS AND COMMITTEES
City ofMiami Page 97 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
Non-Aqenda Item(s)
NA.1 08-01345
MAYOR AND COMMISSIONER'S ITEMS
CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
END OF CITYWIDE ITEMS
DISTRICT 1
COMMISSIONER ANGEL GONZALEZ
END OF DISTRICT 1
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
END OF DISTRICT 2
DISTRICT 3
CHAIR JOE SANCHEZ
END OF DISTRICT 3
DISTRICT 4
COMMISSIONER TOMAS REGALADO
END OF DISTRICT 4
DISTRICT 5
VICE CHAIR MICHELLE SPENCE-JONES
END OF DISTRICT 5
RESOLUTION
A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A
CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY
COMMUNITY REVITALIZATION TRUST FOR A TERM AS DESIGNATED
HEREIN.
APPOINTEE: NOMINATED BY:
David Chiverton City Manager Pedro G. Hernandez
City ofMiami Page 98 Printed on 12/8/2008
City Commission
Meeting Minutes November 13, 2008
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, Sanchez, Regalado and Spence -Jones
Absent: 1 - Commissioner Sarnoff
R-08-0661
Chair Sanchez: All right, Mr. City Manager, you're recognized for one appointment.
Pedro G. Hernandez (City Manager): Mr. Chair, I have an appointment pending that I would
like to bring up with your support. It's the reappointment of David Chiverton to the Liberty City
Trust. It's the one appointment that the Manager has on that Trust.
Chair Sanchez: Okay. Let's get a motion.
Commissioner Gonzalez: Second.
Vice Chair Spence -Jones: So moved.
Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair
Spence -Jones. Any discussion on the item? Hearing no discussion on the appointment proffered
by the City Manager, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Madam Clerk, I apologize; does he need any waivers?
Pamela E. Burns (Assistant City Clerk): No, he does not.
Chair Sanchez: Okay, good. That takes care of the appointments. Need a --
Motion to Adjourn
MOTION
A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was
passed unanimously, with Commissioner Sarnoff absent, to adjourn today's meeting.
City ofMiami Page 99 Printed on 12/8/2008