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HomeMy WebLinkAboutCC 2009-01-15 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, January 15, 2009 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 January 15, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 15th day ofJanuary 2009, 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 9:58 a.m., recessed at 1: 00 p.m., reconvened at 3:14 p.m., and adjourned at 5:15 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 10:10 a.m. Commissioner Sarnoff entered the Commission chambers at 3:17 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk Chair Sanchez: The City ofMiami Commission meeting is being called to order. This meeting has been properly advertised for today's date, which is Thursday, January 15, 208 [sic]; being held here at our historic City Hall, 3500 Pan American Drive. We want to take this opportunity to welcome each and every one of you. Hope you had a wonderful New Year. The Commissioners present at this time -- we will have the Mayor present to give proclamations and recognition [sic]. We also have Joe Sanchez, your acting Chair. We do have Vice Chair Michelle Spence -Jones, Commissioner Gonzalez, who is present and will join us in a few minutes; Commissioner Regalado, Commissioner Marc Sarnoff; City Manager, Pete Hernandez, and our City Attorney, Julie O. Bru; also with us is our City Clerk, Priscilla A. Thompson [sic]. The order of the day is the agenda that's in front of us. We'll go ahead and start with the invocation and the pledge of allegiance. Invocation delivered. Chair Sanchez: The pledge of allegiance will be done by Commissioner Sarnoff. Pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00017 PRESENTATION Honoree Dr. Denis Rod The Family of the Late Alvah H. Chapman, Jr. Thanksgiving Turkey Donors Overtown Folklife Festival Committee Presenter Mayor Diaz Chairman Sanchez Commissioner Spence -Jones Commissioner Spence -Jones PROTOCOL AGENDA.pdf Protocol Item Proclamation Memorial Resolution Certificates of Appreciation Certificates of Appreciation 1. Mayor Diaz presented a proclamation to Dr. Denis Rod for his profound dedication to the citizens ofMiami-Dade County and for demonstrating commitment to community service through involvement in the Latin Chamber of Commerce Holiday Food Distribution, St. Vincent de Paul Catholic Charity, and Habitat for Humanity; further recognizing Dr. Rod's membership on the City gill/Pamirs Planning Advisory Board, Code Enforcement Board, and the Mayor's City ofMiami Page 3 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 MAYORAL VETOES International Council; and further proclaiming the 15th day of February 2009 as Dr. Denis Rod Day. 2. Mayor Diaz presented Certificates ofMerit to City ofMiami Police Lieutenant Jonathan Yavneh (accepted by Frank Fernandez) and Assistant Fire Chief Joe Fernandez for being one of 25 of the nation's top homeland security leaders to earn masters degrees at the 10th commencement ceremony of the Naval Postgraduates School's Center for Homeland Defense and Security. 3. Chair Sanchez presented a memorial resolution to the family of the late Alvah H. Chapman, Jr., who was the former publisher of The Miami Herald, chairman of Knight Ridder newspapers, and one of South Florida's most influential philanthropic, business and civic leaders; further recognizing Mr. Chapman as one of the nation's most accomplished, admired, and inspiring public figures; and further recognizing his steadfast leadership in Miami's emergence as an international business center, investing in social change through partnerships created for the long-term good; and confronting the challenges of the devastation left by Hurricane Andrew, using the Knight Foundation and community alliances to alleviate ongoing plights of children, the poor, and the homeless. 4. Vice Chair Spence -Jones presented Certificates ofAppreciation to the members of the Overtown Folklife Festival Committee. Chair Sanchez: Okay, let's move for -- we do have a very easy agenda today. Hopefully, there's no reason why we can't get out of here by 1 o'clock, hopefully; and I will do my best to get us out of here by 1 o'clock today. Let's go ahead and go to the presentations and proclamations. Presentations and proclamations presented. Chair Sanchez: Okay. I believe that concludes the presentation and proclamations. NO MAYORAL VETOES Chair Sanchez: It's my understanding that we received a memo from the Mayor, who has still -- holding a record for no mayoral veto in the City ofMiami. There are no mayoral vetoes at this time. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVE PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: We need a motion to approve the minutes of the following -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- meeting -- Commissioner Sarnoff Second. Chair Sanchez: Hold on; I got to state it for the record. -- Regular Commission meeting on December 11, 208 [sic]. There's a motion by Vice Chair Spence -Jones, second by Commissioner Sarnoff. Any discussion on the item? If not, all in favor, say "aye." City ofMiami Page 4 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES City ofMiami Page 5 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 ORDER OF THE DAY Chair Sanchez: Before we go to the regular -- the consent agenda, Madam Attorney, could you read the procedures to be followed during the meeting, please, into the record -- Julie O. Bru (City Attorney): Thank you, Mr. Chairman. Chair Sanchez: -- for all those that are present? Ms. Bru: Briefly, any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. Also, 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 phones, or other noise -making devices are permitted in the Commission chambers. Silence any devices now. And any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. The meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m., or at the conclusion of the regularly scheduled agenda; whichever occurs first. We also do have a P&Z (Planning & Zoning) item on this agenda today, Mr. Chairman, and that will be heard at any time after 10. "[Later...]" Chair Sanchez: And we move on to PA.1, which is a discussion item. Pedro G. Hernandez (City Manager): Mr. Chair, before we get to PA.1, there are some items thatl would like to defer and/or continue or withdraw from the agenda. Chair Sanchez: Okay. All right. I was going to do the -- okay, we could do that. Which are the items that you want to pull from the agenda? Mr. Hernandez: It's PH.3 -- Chair Sanchez: Hold on. PH.3. Mr. Hernandez: -- to be continued to February 12. Chair Sanchez: Okay. Mr. Hernandez: PH 5, to be continued to February 12. Chair Sanchez: All right. Mr. Hernandez: PH.6, to be withdrawn; andRE.7, to be continued to February 12. Chair Sanchez: Okay. So for the record, the Administration is asking to continue PH.3, PH.5, withdraw PH 6, and continue RE. 7; is that correct? Mr. Hernandez: That's correct, sir. City ofMiami Page 6 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 CONSENT AGENDA CA.1 08-01487 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Police FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT NOT TO EXCEED $110,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001, ACCOUNT CODE NO. 12500.191602.882000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 08-01487 Legislation.pdf 08-01487 Summary Form.pdf 08-01487 Affidavit.pdf 08-01487 Certification.pdf 08-01487 Memo.pdf 08-01487 Preliminary Budget.pdf 08-01487-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0001 CA.2 08-01488 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED NOVEMBER 17, 2008, PURSUANT TO INVITATION FOR BIDS NO. 108049, FROM BEST PHOTO LAB, FOR PHOTO FILM PROCESSING SERVICES, ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 08-01488 Legislation.pdf 08-01488 Summary Form.pdf 08-01488 Bid Tabulation.pdf 08-01488 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones CA.3 08-01489 Department of Information Technology R-09-0002 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, WITH THE CITY OF CORAL SPRINGS, FLORIDA, FOR THE PURPOSE OF City ofMiami Page 7 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 ESTABLISHING AND OPERATING A DISASTER RECOVERY SITE, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR FIVE (5) ADDITIONAL ONE-YEAR PERIODS. 08-01489 Legislation.pdf 08-01489 Exhibit.pdf 08-01489 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0003 CA.4 08-01490 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED NOVEMBER 14, 2008, PURSUANT TO INVITATION FOR BID NO. 108059, FROM SUNSHINE STATE SHREDDING, D/B/A PROSHRED SECURITY, FOR THE PROVISION OF ON -SITE SHREDDING SERVICES, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-01490 Legislation.pdf 08-01490 Summary Form.pdf 08-01490 Approval Form.pdf 08-01490 Tabulation.pdf 08-01490 IFB.pdf 08-01490 Addendum 2.pdf 08-01490 Award Sheet.pdf 08-01490 Weights and Measures.pdf 08-01490 Florida Statutes.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0004 CA.5 08-01491 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY LYLLIAM S. GARCIA, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF $45,465.07, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND SERVANTS, IN THE CASE OF LYLLIAM S. GARCIA VS. CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 06-19648 CA (24), UPON EXECUTING A GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS, AND EXECUTING A DISMISSAL City ofMiami Page 8 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 WITH PREJUDICE; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. 08-01491 Legislation.pdf 08-01491 Memo.pdf 08-01491 Memo 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0005 CA.6 08-01503 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOURTH AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND CONDO ELECTRIC MOTOR REPAIR, CORP., PURSUANT TO RESOLUTION NO. 07-0005, ADOPTED JANUARY 11, 2007, FOR ADDITIONAL WORK REQUIRED FOR THE PROJECT ENTITLED "STORMWATER PUMP STATION MAINTENANCE AND REPAIR, B-30395" IN AMOUNT NOT TO EXCEED $100,000, INCREASING THE THIRD YEAR OF THE CONTRACT FROM $229,400 TO $329,400; FURTHER ALLOCATING ADDITIONAL FUNDS IN AMOUNT NOT TO EXCEED $20,000 PER YEAR FOR THE REMAINING TWO OPTIONS TO RENEW, INCREASING THE ANNUAL CONTRACT AMOUNT FROM $229,400 TO $249,000; ALLOCATING FUNDS FROM PUBLIC WORKS GENERAL ACCOUNT NO. 00001.208000.534000.0.0 FOR SAID INCREASE. 08-01503-Legislation-SUB.pdf 08-01503 Exhibit.pdf 08-01503-Summary Form-SUB.pdf 08-01503 Contract.pdf 08-01503 First Amendment.pdf 08-01503 Second Amendment.pdf 08-01503 Third Amendment 08-01503-Memo-Substitution for Item CA.6.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0030 Chair Sanchez: CA. 6 is being pulled. You're recognized for the record. Stephanie Grindell: Stephanie Grindell, director of Public Works. CA. 6 is a substitution. The overall dollar amount remains the same, but the distribution per year is different. Chair Sanchez: Okay. That's a minor clarification on that. Is there a motion to approve? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. City ofMiami Page 9 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 CA.7 08-01504 Department of Public Works Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Vice Chair Spence -Jones, as amended, for the record. Hearing no further discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID RECEIVED NOVEMBER 18, 2008, PURSUANT TO INVITATION FOR BIDS NO. 07-08-022, FROM BCLS LANDSCAPING GROUP, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DR. M.L.K. JR. BOULEVARD LANDSCAPING CONTRACT, M-0008," FOR A TWO (2) YEAR PERIOD, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, FOR A TWO (2) YEAR CONTRACT AMOUNT OF $179,270.84, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, AND FOR ANY SUBSEQUENT ANNUAL RENEWALS, IN THE AMOUNT NOT TO EXCEED $89,635.42, PER YEAR; ALLOCATING SAID FUNDS, FROM THE PUBLIC WORKS GENERAL ACCOUNT NO. 00001.202000.534000.0.0; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. 08-01504 Legislation.pdf 08-01504 Exhibit 1.pdf 08-01504 Exhibit 2.pdf 08-01504 Exhibit 3.pdf 08-01504 Exhibit 4.pdf 08-01504 Exhibit 5.pdf 08-01504 Exhibit 6.pdf 08-01504 Exhibit 7.pdf 08-01504 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones CA.8 08-01505 Department of Purchasing R-09-0006 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO CT FIRE PROTECTION, INC., TO PERFORM ADDITIONAL SERVICES REQUIRED FOR FIRE SPRINKLER REPAIRS AND PUMP REPLACEMENT SERVICES AT THE FIRE TRAINING CENTER, PURSUANT TO BID NO. 66032, IN AN AMOUNT NOT TO EXCEED $9,952.80, INCREASING THE TOTAL CONTRACT NOT TO City ofMiami Page 10 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 EXCEED AMOUNT FROM $72,500 TO $82,452.80 AND ADDING A 10% OWNER CONTINGENCY TO THIS TOTAL CONTRACT AMOUNT; ALLOCATING FUNDS FOR SAID INCREASE, FROM ACCOUNT CODE NO. P=40-B32807 T=02 A=1105 E=EQUIPMENT 0=181000. 08-01505 Legislation.pdf 08-01505 Summary Form.pdf 08-01505 Master Report.pdf 08-01505 Pre Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0007 CA.9 08-01506 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF INDUSTRIAL SUPPLIES, TOOLS AND ACCESSORIES, FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE GROUP CONTRACT NO. 29-009R, EFFECTIVE THROUGH SEPTEMBER 30, 2013, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING CO-OPERATIVE GROUP; 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. 08-01506 Legislation.pdf 08-01506 Summary Form.pdf 08-01506 South Florida Governmental.pdf 08-01506 Tabulation.pdf 08-01506 Bid 29-009R.pdf 08-01506 Invitation to Bid 1 .pdf 08-01506 Invitation to Bid 2.pdf 08-01506 Invitation to Bid 3.pdf 08-01506 Invitation to Bid 4.pdf 08-01506 Invitation to Bid 5.pdf 08-01506 Invitation to Bid 6.pdf 08-01506 Invitation to Bid 7.pdf 08-01506 Invitation to Bid 8.pdf 08-01506 Invitation to Bid 9.pdf 08-01506 Invitation to Bid 10.pdf 08-01506 Invitation to Bid 11.pdf 08-01506 Invitation to Bid 12.pdf 08-01506 Invitation to Bid 13.pdf 08-01506 Invitation to Bid 14.pdf 08-01506 Invitation to Bid 15.pdf 08-01506 Invitation to Bid 16.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 11 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0008 CA.10 08-01507 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Hearing Boards ATTACHMENT(S), APPOINTING PATRICIA M. ARIAS, AS A SPECIAL MASTER TO SERVE AS A HEARING OFFICER TO PRESIDE OVER CODE ENFORCEMENT AND OTHER SIMILAR HEARINGS AND PROCEEDINGS AND TO RENDER WRITTEN FINDINGS AND RULINGS, AS MAY BE REFERRED TO HER BY THE CITY MANAGER; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL MASTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR THE REMAINDER OF FISCAL YEAR 2008-2009, WITH THE OPTION TO RENEW FOR ONE (1) ADDITIONAL ONE-YEAR PERIOD, IN A TOTAL ANNUAL AGGREGATE AMOUNT NOT TO EXCEED $5,000; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $5,000, FROM ACCOUNT CODE NO. 00001.311000.531000, FOR FISCAL YEAR 2008-2009, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL. 08-01507 Legislation.pdf 08-01507 Exhibit.pdf 08-01507 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0009 CA.11 08-01509 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMUNITY SPACE LEASE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY HOUSING AGENCY, FOR THE USE OF APPROXIMATELY 1,345 SQUARE FEET OF SPACE AT THE PROPERTY LOCATED AT 460 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, AS A POLICE BIKE PATROL OFFICE AND STORAGE SPACE; PROVIDING FOR THE FOLLOWING: 1) A TERM OF ONE (1) YEAR, COMMENCING JANUARY 26, 2009, WITH TWO (2) ONE-YEAR OPTIONS TO RENEW, SUBJECT TO THE MUTUAL CONSENT OF THE PARTIES; AND 2) PAYMENT OF ANNUAL RENT IN THE AMOUNT OF ONE DOLLAR ($1.00) DURING THE TERM; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS AND EXECUTE AMENDMENTS, RENEWALS AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. City ofMiami Page 12 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 08-01509 Legislation.pdf 08-01509 Exhibit.pdf 08-01509 Exhibit 2.pdf 08-01509 Summary Form.pdf 08-01509 Legislative Item.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0010 CA.12 08-01510 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF MIAMI RETIRED OFFICERS COMMUNITY BENEVOLENT ASSOCIATION, INC., A NOT -FOR -PROFIT CORPORATION ("LICENSEE"), FOR THE USE OF APPROXIMATELY 468 SQUARE FEET OF SPACE, LOCATED AT 480 NORTHWEST 11TH STREET, MIAMI, FLORIDA, ALSO KNOWN AS THE OLD BLACK PRECINCT, FOR THE PURPOSES OF OPERATING AN ADMINISTRATIVE OFFICE AND GIFT SHOP, TO PROGRAM HISTORICAL MUSEUM RELATED ACTIVITIES, AND TO COORDINATE YOUTH TRAINING PROGRAMS FOR DISADVANTAGED SECTORS OF THE PUBLIC, COMMENCING FROM THE EFFECTIVE DATE OF THE AGREEMENT TO SEPTEMBER 30, 2010, WITH ONE (1) OPTION TO EXTEND THE AGREEMENT TO SEPTEMBER 30, 2011, SUBJECT TO THE APPROVAL OF THE CITY MANAGER AT HIS SOLE DISCRETION, WITH THE LICENSEE PAYING A MONTHLY USE FEE OF $1.00, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 08-01510 Legislation.pdf 08-01510 Exhibit.pdf 08-01510 Exhibit 2.pdf 08-01510 Exhibit 3.pdf 08-01510 Exhibit 4.pdf 08-01510 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0011 CA.13 08-01511 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A THIRD AMENDMENT TO LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED ACQUISITION PARTNERSHIP, A DELAWARE PARTNERSHIP ("BEASLEY-REED"), TO EXTEND IN THEIR LEASE OF City ofMiami Page 13 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 APPROXIMATELY 2.2 ACRES OF THE CITY'S PROPERTY IN VIRGINIA KEY, MIAMI, FLORIDA, TO EXTEND THE COMMENCEMENT OF THE CITY'S AND BEASLEY-REED'S MUTUAL RIGHT TO TERMINATE THE LEASE FROM JUNE 3, 2009 TO JUNE 3, 2010, WITH NINETY (90) DAYS PRIOR WRITTEN NOTICE. 08-01511 Legislation.pdf 08-01511 Exhibit.pdf 08-01511 Summary Form.pdf 08-01511 First Amendment to Lease Agreement.pdf 08-01511 Consent to Assignment.pdf 08-01511 Lease Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones CA.14 N08-01512 District 4- Commissioner Tomas Regalado R-09-0012 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION TO MIAMI-DADE COUNTY RESOLUTION NO. 1150-08, ADOPTED NOVEMBER 20, 2008, CODESIGNATING SOUTHWEST 37TH AVENUE FROM SOUTHWEST 8TH STREET TO SOUTHWEST 22ND STREET, MIAMI, FLORIDA, AS "WILLIAM H. KERDYK, SR. AVENUE;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-01512 Legislation.pdf 08-01512 Summary Form.pdf 08-01512 Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones CA.15 08-01513 Department of Public Works R-09-0013 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING MIAMI-DADE COUNTY RESOLUTION NO. 1128-08, ADOPTED OCTOBER 21, 2008, URGING THE CITY OF MIAMI TO CODESIGNATE NORTHWEST 15TH AVENUE FROM NORTHWEST 62ND STREET TO NORTHWEST 71ST STREET, MIAMI, FLORIDA, AS "REV. DR. GILBERT S. SMITH AVENUE;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-01513 Legislation.pdf 08-01513 Summary Form.pdf 08-01513 Memo.pdf WITHDRAWN A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to withdraw item CA.15. City ofMiami Page 14 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Pedro G. Hernandez (City Manager): Mr. Chair, if -- Chair Sanchez: -- who's also here. Mr. Hernandez: -- you allow me. On the consent agenda, I forgot to mention that CA.15 had to be withdrawn. This is an item where the County was requesting from the City a -- no objection to a certain codesignation, and the street happens to be a City -maintained road; therefore, the codesignation belongs here to you. Chair Sanchez: All right, but we don't need to take any action; you could just withdraw that item. Mr. Hernandez: CA.15. Chair Sanchez: Correct? Commissioner Sarnoff Fifteen? Pamela E. Burns (Assistant City Clerk): So the CA (Consent Agenda) agenda that was approved did not include CA.15; is that correct? Chair Sanchez: No. Mr. Hernandez: That's correct, it should not. Chair Sanchez: Well -- Mr. Hernandez: It should not include CA.15. Chair Sanchez: -- for proper record keeping, let's just go ahead and defer that item. Someone make a motion to defer CA -- Commissioner Gonzalez: I'll make a motion -- Chair Sanchez: -- withdraw. Commissioner Gonzalez: -- to defer CA.15. Chair Sanchez: Is it defer or withdraw? Mr. Hernandez: A withdrawal, sir. Chair Sanchez: Okay. There's a motion -- Commissioner Gonzalez: A withdraw. Chair Sanchez: -- to withdraw by Commissioner Gonzalez on CA.15; need a second. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye. City ofMiami Page 15 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, for the record CA.15 has been withdrawn. CA.16 08-01514 RESOLUTION District 4- Commissioner Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE FLORIDA LEGISLATURE TO CO -DESIGNATE SOUTHWEST 27TH AVENUE FROM SOUTHWEST 8TH STREET TO SOUTHWEST 13TH STREET, MIAMI, FLORIDA, AS "REV. MAX SALVADOR AVENUE; FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 08-01514-Legislation-SUB.pdf 08-01514 Summary Form.pdf 08-01514 Biography.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones CA.17 08-01524 District 4- Commissioner Tomas Regalado R-09-0031 Chair Sanchez: We move on to CA.16. CA.16. Stephanie Grindell (Director, Public Works): CA.16, the only change is that rather than say "designate," it's a codesignation. Chair Sanchez: All right. That's the only change in it. It's appropriate for us to correct the language on that item this -- via this way. That's the only modification to it. Can I get a second? Vice Chair Spence -Jones: Second. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: Motion and a second. Motion has been made by Commissioner Gonzalez, and Vice Chair Spence -Jones made the second on the motion. No further discussion on the item. We are on CA.16. Any discussion? No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT FOR THE LATIN CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA'S ("CAMACOL"), "FLORIDA INDEPENDENT LATIN AND MINORITY FILM DEVELOPMENT PROGRAM;" DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE BOARD OF DIRECTORS OF CAMACOL. 08-01524 Legislation.pdf City ofMiami Page 16 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0015 CA.18 08-01495 RESOLUTION District 3- Chair Joe Sanchez A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF A FOUNTAIN/SCULPTURE ENTITLED "CAFETERA FOUNTAIN," BY ARTIST CESAR SANTALO AND THE KIWANIS CLUB OF LITTLE HAVANA, AT AN ESTIMATED FAIR MARKET VALUE OF $100,000, TO BE PLACED AT DOMINO PLAZA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-01495 Legislation.pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0032 Chair Sanchez: CA.18, I have pulled for discussion. I do want to take this opportunity to recognize Ricardo Gonzalez from the Kiwanis, reference this donation that they're making. It's a "Cafetera Fountain, " and the artist is also here, Cesar Santalo -- [Later ... ] Chair Sanchez: The only CA item that's under discussion right now that has not been approved is CA.18, which we have with us Ricardo Gonzalez from the Kiwanis, and we have also an artist who has -- is here to speak very briefly on the donation of a piece of art that will be placed on Domino Plaza in Calle Ocho, and it's an honor to have been in contact with the Kiwanis and the artist who wants to donate this; and it's just a part of our arts in public places, and of course, it's a donation that has to be accepted by the City Manager on this. So at this time, I want to recognize Ricardo Gonzalez from the Kiwanis to speak on the item. Ricardo Gonzalez: Good morning. Kiwanis Club of Little Havana is always very appreciative of the help that the City, the Commission, the Mayor's office gives us; and it always gives us great pleasure to give back to our community, especially the children and the families of the City. One of the things that we decided at the club was to celebrate family and to celebrate our grandparents and our parents that have created the foundation for the successes that we have today. When we looked around for what that celebration was going to be, we came across the talents of Cesar Santalo; and one of the things that we looked at was something that tied us all together, and what more (UNINTELLIGIBLE). What family reunion doesn't start or end (UNINTELLIGIBLE) cafecito? What social gathering isn't engrained with el cafecito as a symbol of our social interaction? So, in going down that theme, he presented us with a beautiful idea of creating a fountain, which -- I think he has a picture of it -- is una cafetera, the coffee thing; and we're proposing placing this in Domino Park. It'll be a center of attraction for the tourists and a place where families can gather and celebrate our traditions and our heritage; and that's a donation we would like to do to the City. Chair Sanchez: All right. So, at this time what we need is to approve CA.18, which is the -- it's basically accepting the art piece which has a fair market value of about $100, 000, and the City ofMiami Page 17 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 CA.19 08-01546 Department of Parks and Recreation people ofMiami are getting it for free. But I think the important thing here is that what we've created along 8th Street with Viernes Culturales has been -- we've created an art district, and this is a piece of art that really signifies what a cafecito is all about; and what better place and location to honor the tradition of a cafecito than on 8th Street and 15th Avenue in Domino Plaza, so it's -- it is certainly an honor for us to be accepting this, and I want to take the opportunity to thank you, the Kiwanis, who have been a partner with the City ofMiami; and, of course, the artist who will have his piece there for millions of people to see when they come and visit Calle Ocho, so I would pass the gavel to the Vice Chair and make a motion to accept this donation; and look forward to the ribbon -cutting when we do have it constructed there for us to not only enjoy the art piece, but also to have some cafecito; so so moved. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Mr. Gonzalez: Okay. Chair Sanchez: Thank you so much. Pamela E. Burns (Assistant City Clerk): And, sir, can we have your name for the record, please? Mr. Gonzalez: Mine? Ricardo Gonzalez, president of Kiwanis in Little Havana. Chair Sanchez: All right. Thank you, folks. Commissioner Regalado: Mr. Chair, ifI may; just -- Chair Sanchez: Yes, sir. Commissioner Regalado: -- a brief comment. We just approved an item on the consent agenda as a resolution expressing support for the Latin Chamber of Commerce for their Independent Latin and Minority Film Development Program. I think that what we did is important because it has been determined that one of the future and present incomes of South Florida is the film industry, the advertising industry; and to get the Latin Chamber of Commerce involved in this, it's very important; and I think that the City does support, as we just expressed, but that we should do more of trying to bring and facilitate the film industry to South Florida. It is -- I'm telling you that it will be one -- after tourism and frade -- of the major incomes for South Florida and the City ofMiami, so I just wanted to congratulate CAMACOL (Latin Chamber of Commerce) for taking the lead on this; and I'm sure that they will be going throughout Latin America seeking the support that they need for this, and I just want to say thank you to you guys. That's it. Chair Sanchez: Okay, thank you. All right, that concludes the consent agenda. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED " BISCAYNE PARK SKATING FACILITY," CONSISTING OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000,000, FOR THE DESIGN AND CONSTRUCTION OF A SKATE PARK City ofMiami Page 18 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 AT BISCAYNE PARK, LOCATED AT 150 NORTHEAST 19TH STREET, MIAMI, FLORIDA; AUTHORIZING THE ACCEPTANCE OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 08-01546 Legislation.pdf 08-01546 Summary Form.pdf 08-01546 Amended Budget.pdf 08-01546 Pre Legislation.pdf 08-01546 Memo.pdf 08-01546 Financial Information Form.pdf 08-01546 Miami Dade .pdf 08-01546 Byscayne Park's e-mail.pdf 08-01546 Project Fees.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0016 Adopted the Consent Agenda 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: Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: Moving forward on the agenda, we have the consent agenda. Are there any items from the consent agenda at this time that either the City Manager or the Commission would like to pull for discussion? None? Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, good morning. Items CA. 6 and CA.16 required minor corrections on the record as a result of scrivener's errors. Chair Sanchez: All right. For the record, you're pulling CA. 6 -- Mr. Hernandez: And CA.16. Chair Sanchez: -- and CA.16. Those have been pulled by the Administration. I will pull one item, which is CA.18, okay; so let's go ahead and -- any other items wishing to be pulled by the Commission? Commissioner Regalado: Just to clarify. CA.16 is not being pulled; it's just a word. Mr. Hernandez: It's just a correction. Commissioner Regalado: Yeah. Okay. Chair Sanchez: It's being pulled for a correction. There's a change in the language, okay. So Mr. City Manager, you're recognized on CA.6. Vice Chair Spence -Jones: You want the (UNINTELLIGIBLE) go ahead and approve --? City ofMiami Page 19 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Mr. Hernandez: I'll have the director of Public Works -- Chair Sanchez: All right. Mr. Hernandez: -- provide you the substitutions on 6 and 16. Chair Sanchez: While you get ready, can I have a motion to -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- approve the remaining agenda? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: The motion has been made by the Vice Chair; there's a second by Commissioner Gonzalez. Any further discussion? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Madam Clerk, the remaining consent agenda has been approved by the Commission, 5/0. City ofMiami Page 20 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 PA.1 08-01492 District 3- Chair Joe Sanchez 08-01492a District 3- Chair Joe Sanchez PERSONAL APPEARANCE DISCUSSION ITEM REPRESENTATIVE OF THE FCC TO ADDRESS THE CITY COMMISSION REGARDING THE FEBRUARY CONVERSION TO DIGITAL BROADCASTS AND THE NEED FOR SOME TO GET CONVERTER BOXES TO BE ABLE TO WATCH LOCAL TELEVISION. 08-01492 Chairman Joe Sanchez.pdf DISCUSSED Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES CONGRESS TO DELAY THE FEBRUARY CONVERSION OF TELEVISION ANALOG BROADCASTS TO DIGITAL BROADCASTS UNTIL FUNDING IS AVAILABLE TO ASSIST THE PUBLIC IN PURCHASING CONVERTER BOXES IN ORDER TO BE ABLE TO WATCH LOCAL TELEVISION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0017 Chair Sanchez: Okay. Let's go back to the public appearance. We asked the FCC (Federal Communications Commission) to address the City Commission regarding the February conversion to digital broadcasting, and the need of people to get that converter box to be able to watch local TV (Television); so we wanted them to come and address the need of the City as to those that will be affected by this change, so they are here to give us a brief presentation and give us an update of what's going on on that. So, sir, welcome to City Hall, and we appreciate you being here. Louis Sigalos: Good morning. I'm Louis Sigalos, and I'm here on behalf of the Federal Communications Commission. I do want to thank you for allowing us this time to update you on how the transition is going nationally and very much more specifically here in the Miami broadcast area. This television transition has been going on for over a decade now, and viewers throughout the United States for the last few years could enjoy the benefits of digital television. On February 17, at midnight, however, analog broadcasting will cease; and we'll continue forward only with digital broadcasts. The benefits of digital broadcasts -- and I just want to go over very briefly -- one is viewers right now who are watching digital broadcasting can see far more programs through the use of a multicasting capability. Broadcasters have now where one station could historically broadcast one channel, one program; they can now broadcast three, four channels at the same time, so there's far more programs. Viewers have the ability to have menu guides, new remote controls, new tuners for their TVs; they have the stereo surround -sound capability, and for those who want to enjoy it, high definition. It's also worthy to note that the spectrum that they're vacating, the old analog spectrum is going to be put to good use after the transition for public safety. Our public safety responders throughout the entire country now will have the same frequency, the same equipment that'll all be interoperable; meaning, if there's an emergency in one region of the country, if people come from other areas, City ofMiami Page 21 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 all their communications equipment will work seamlessly now. There won't be any communications issues that we've seen in prior emergencies in our country. Also the next generation of wireless services will be utilized. They call it the "Fourth Generation." It'll be a whole new host of wireless services, and just as an aside, the federal government did auction that spectrum and received an addition of $19 billion. So where are we today? We are just a little over a month out from the deadline of February 17. Nielsen had a national figure that at the end of November, 93 percent of U.S. (United States) households had at least one television ready, 83 percent had every single television in their household ready. That's a little bit old as far as information goes. I know that in December alone, seven million converter box coupons were ordered. Americans are clearly getting the message. And I just want to briefly go over for consumers just what the -- what their -- what they should be concerned about, and one is if they have cable in their household, that -- their televisions are hooked up to cable, there is no concern; if they have satellite television in their household and they get it that way, there is no concern, as long as they get their local channels through their satellite subscriber. If they have an over -the -air antenna either on the rooftop or rabbit ears but they have a new digital television, they're set. It is -- the ones that we're concerned about are the people who get over -the -air television, have an older television in the home; those folks need to get a converter box to continue receiving a television signal, and I can't stress enough that people should act now. The coupon program -- and I'm going to discuss it in just a moment -- is having some issues. Also, when the deadline hits, it becomes so much more difficult for everybody to get through to people on the phone. If you act now and install those converter boxes, any issues you may have will be able to get resolved. Here's what's going on in Miami. First, we have local FCC people on the ground here today. We have had them on the ground here for quite some while [sic]. They will be here through the transition. We have two people I wanted to point out today, Brian Carter, who's handling all of Florida; and Stephanie Dabkowski, who is specific to the Miami market, who will -- you know, anything we can do on your behalf to assist people on the ground, we want to do it. To date we've had over 150 presentations, converter box demonstrations and visits to local rotary clubs, libraries, grassroots senior centers, and the rest; willing to do many more. We did a train -the -trainer session for the NET (Neighborhood Enhancement Team) offices, and we would like also to go to those communities where those offices are located and provide demonstrations for consumers in those areas. We've worked with the Office of Communications. And I also want to point out this point. What the FCC is doing -- the broadcasters have done a wonderful job over -the -air getting the message, but there are specific at -risk constituents that we're worried about that we feel we need to be on the ground to educate and to assist; and those groups fall into the basic categories of seniors, low-income, non-English speaking, disability community, and for those folks that are in rural America. We have focused our efforts on those folks because they're the most at -risk constituents that we've identified and were most concerned about. The numbers from Miami are actually -- in the broadcast area are actually very good. The total to -date coupons ordered from Miami -Dade, Broward, and Monroe counties totals 574,000 coupons ordered. Each household can order up to two coupons; and I would note that of those orders, right now the redemption rate for folks is about 32 percent. The national average redemption rate is about 52.5 percent, so the redemption rate is lower; but that could be for many reasons. A lot of people are just -- they hear the shortage of coupons; they order them, and realize they have cable TV and say I don't need this; " or they have a new television, and so they let the coupons go. There are other reasons as well that people delay, but for those people who have ordered those coupons, don't delay in getting that converter box now and redeeming those coupons. From December 2 alone forward, 123,000 coupons were ordered; and I should note that over -the -air households in this marketplace is about 120,000 households, so the numbers are looking pretty good. But when you have large community and a large population, even if you have a small percentage of folks that aren't ready, that turns into a big issue for the local people who have to respond to broadcasters, the FCC and the rest. Towards that end again, getting people prepared, the broadcasters have done multiple soft tests or analog cutoff tests that sort of take away the picture for those analog television viewers so they get the message. Thus far, we've done one, two, three, four, fix, six tests; and there are four more planned, and from those six tests, there's been a City ofMiami Page 22 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 total of 11,930 phone calls, which really isn't that many, which is a good sign. The first test had 3,471 calls; the last test that happened just this past Monday, it was just down to 1,233 phone calls; so people are taking action in your community. I wanted to update you -- I was hoping I could give you the results of some pending legislation. There's three things that are going on right now, two of them in Congress and one of them today at the FCC. What's happening at the FCC today is they're finalizing legislation called the `Analog Nightlight," and what that is structured to do is allow -- for those markets that have the ability to do so, to have at least one broadcaster continue with the broadcasting in analog for emergency service. I mean, if there's emergency condition, that they would broadcast it both in analog and digital; and also to provide education for those people who still are on analog and they didn't transition that they would have -- they'd be able to see on TV who they'd have to call and the rest. That will be resolved today. Two other pieces of legislation in -- on the Hill, one has to do with the coupon program. Many may have read that it has run out of money. It hasn't actually run fully out of money, but what has happened is those folks who have ordered coupons that have yet to expire, when they expire, the money comes back into the program; but because of this delay and the expiration of the coupons for those many that aren't going to utilize them, as of January 4 there was a waiting list. That waiting list has grown to over two million people thus far. Since January 4, 470,000 have been removed. And one other thing I would like to do is to urge people to act now. Those -- people are going to work through that waiting list. They're going to resolve this. But if you need a coupon, you need that consumer assistance of $40 off don't let, you know, any stories postpone your moving forward on that. However, I'm not sure when that coupon might be received, so I recommend to everybody to get at least one TV in your household working now. Just don't wait. It's going to be very difficult. Actually, the deadline -- and my final piece of legislation I wanted to mention is the deadline. There is legislation up that's suggesting a 90-day deadline; however, there is no consensus right now, and you know -- and I don't want people thinking that there's going to be delay. Everybody should do -- everybody get digital television now and enjoy the benefits, and they should do so. Anybody who waits 'til after the deadline is going to have a more difficult time getting through. The end game is coming up. We found from our experience in Wilmington, North Carolina -- I ran the program there -- that immediately upon a deadline, three things happened. One is consumers who don't realize order the coupons and get that done. Everybody takes care of getting that converter box installed, and within a week consumers take care to make sure they get the picture. What becomes more difficult is for those who have antenna or coverage issues. It's a whole new broadcasting technology, so people should be aware that they should look at this as moving into the house for the first time, adjusting antennas; making sure everything works, but those antennae coverage issues become more difficult. One other thing I do know is that the phone calls come to everybody after a deadline. The FCC receives them, the NTIA, the Department of Commerce, who does the coupon program, receive them; your local broadcasters receive them, and I'm afraid you will as well as people aren't comfortable calling certain numbers. We can coordinate with -- to make sure that any answer that consumers need to get those -- their issues resolved, we'll take care of. And so what I want to say is that we're here now. We're going to be in this community well past the deadline to make sure everybody's taken care of. We'll provide you updates on all this legislation which we think will be happening soon, and I just want to thank you for your time. Chair Sanchez: Louis, thank you so much. Before we go to questions from the Commissioners -- I'm sure there will be -- let me take the opportunity to thank Brian Carter and the young lady who briefed me on the issue and really educated me on the issue and the pending legislation that's in Washington. So what we'll do at this time -- I'm sure there's going to be questions, so any of the Commissioners have questions? Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think the FCC is doing an extraordinary job in going around the county and explaining this unique change. I had the pleasure and the honor of having a sit-down talk and interview with Chairman Martin when he was here at Best Buy; and he was very gracious that he met with everybody there, so the problem is not you; it's City ofMiami Page 23 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 the cable companies. Cable companies are making it a little difficult for people to have access. For instance, they are running out of boxes, they are giving the conversion box free for one year; but then people have to pay, and there are people who are really concerned because, as you know, cable companies are not regulated in terms of hike, hiking the prices; and the question that the people ask is well, what if, next year, they tell me that it's not $3.40; it's $9 or $10? So that's one of the concerns. Comcast has run out of boxes in -- here in Miami -Dade County. People were in line at the Coral Gables stores the other day, and there were no boxes; and I think that they won't be able to meet the deadline. I understand that the Obama Administration is asking for a deferral of the analog. And the other thing that -- and I spoke that to Chairman Martin -- is that we have 18,000 people in public housing units here in Miami -Dade County, especially in the City ofMiami; and they're out of the picture. They're having issues with the boxes and the conversion and the system and -- I don't know to what extent the legislation going through committees in Washington is about to regulate this, but I think it's something that the chairman said it was a concern, but -- and I know that you understand that there are some issues here in Miami. Mr. Sigalos: Yeah. Let me just real briefly touch on your points. First, there has been some consumer confusion. This is just an over -the -air digital broadcaster transition. Some cable, you know, have spoken of digital packages and the rest; and the consumers can get confused. You do not have to subscribe to a digital service to enjoy digital television. You just need a converter box if you have an older television, so that's one thing. I'm very concerned about the public housing. Sometimes in public housing they have master antennas on the roof and the cable and - - so that would be an over -the -air signal, and they would need a converter box. We would gladly do presentations at those facilities, ifyou could co -host them with us so we could sort of work through any issues they may have at those locations to assist consumers. Commissioner Regalado: But what I'm saying is that, you know, a -- alternative channels have already been taking off the low numbers, as you know, you know; so there have been moved to the 300s, 500, and you do need a box. You need to buy a box. Mr. Sigalos: For the cable, yes. Commissioner Regalado: Right. Mr. Sigalos: Cable companies, they have franchise licenses that come up; and it's handled not by the FCC but within, you know, the more local government; and it's at those times that I guess that you get to revisit or you can talk to them at any point and express your concerns I think directly, and I'm sure they'd be willing to listen. I know that the FCC in those relationships doesn't have that contractual obligation, that has been shifted, so I would encourage you to talk to them directly about that. Commissioner Regalado: Thank you. Chair Sanchez: Any other questions? If not, I have some questions. Vice Chair Spence -Jones: I just have one. Chair Sanchez: Okay. Vice Chair. Vice Chair Spence -Jones: And again, it's probably just piggybacking off of some of the stuff that Commissioner Regalado has talked about. But I just wanted to ask you -- my -- one of my concerns would be the elderly. Mr. Sigalos: Yes. City ofMiami Page 24 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Vice Chair Spence -Jones: And if there's an issue of shortage of funds for whatever reason, are there any special programs that are available for the elderly? Mr. Sigalos: The program that is in place is the one that is suffering from this delay and this wait list, the coupon program where they can offer up to two. In some communities we say that - - like I said, there's been an abundance of coupons ordered with so many that don't need them. These coupons are transferable. And some communities throughout the United States, they just create a clearing house where they just call and say, hey, listen. If you received a coupon, you don't need it; instead of letting it expire, why -- could you please bring it to the centralized location where we can redistribute? And that's worked very well in some communities and sort of bypasses this delay of ordering; but you know, we are very concerned about the elderly. They're definitely one of our people that we're concerned about. Vice Chair Spence -Jones: I'm just, you know -- because even to the issue of you mentioning the fact that the coupons are available, and if an individual is not using, frying to encourage people to pass them on to other people. It just would seem -- my real question is is there a program that's just strictly targeted towards the elderly as a part of your overall initiative? Because this whole -- for them, you know, this is a daunting -- can be a very daunting -- Mr. Sigalos: Yeah. Vice Chair Spence -Jones: -- experience, so it just seems like there should be a very focused effort on the elderly to make sure that they understand -- Mr. Sigalos: Well, there -- for our outreach at the FCC, there is. I mean, that's why we've been I believe to almost every single senior center because, you know, that is, by far -- and (UNINTELLIGIBLE) -- this technology shift is more upsetting as a transition to the elderly that are, you know, not as used to this scanning for channels and all of these things -- Vice Chair Spence -Jones: Yeah. Mr. Sigalos: -- hooking up. They may have an older TV, a heavy television -- Vice Chair Spence -Jones: Yes. Mr. Sigalos: -- they'd have to move forward and the rest, so we are concerned. That's why we focus our outreach efforts on them; but as far as any individualized program that is specifically targeted beyond the converter box program, there isn't any other that I'm aware of. Vice Chair Spence -Jones: Wow. I just think that that needs to be something that you look at. And when you say -- and I'm finished on -- I just -- senior centers, senior centers are great if people are living in them, you know, for whatever -- you know, if seniors are living in them. Mr. Sigalos: Or gatherings by seniors. Vice Chair Spence -Jones: Because they -- right. Mr. Sigalos: Yeah. Vice Chair Spence -Jones: But a lot of the concern for me is more places where -- you know, in seniors' homes where they're not attached to a senior center or a home; so I just wanted to know if there's any sort of outreach. And maybe that's something, if you're going to do some things with the NETs, you know, from a training standpoint or information standpoint, then maybe through the NETs you can create something strictly for -- and we have databases I know -- I see our director. Another thing for you to do, right, David? David Rosemond, our director for the City ofMiami Page 25 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 NET. Maybe there's something that we can pull together that at least the seniors will be mailed because we have a listing of all of our seniors -- I know at least in my district -- so maybe there's a special effort that we can pull together to make sure that they at least get the information and are not confused in the end. Mr. Sigalos: Well, we'll gladly work with you on any initiative you'd like to take. Vice Chair Spence -Jones: Okay. Mr. Sigalos: Absolutely. Vice Chair Spence -Jones: That's my only question, Mr. Chairman. Chair Sanchez: The biggest concern we have is the same concern that you have, which is the interruption that's going to affect a lot of people and mostly elderly, non-English speaking, low-income, and public housing. That interruption means a avenue of communication, an avenue of news; an avenue of a lot of things that people rely on, whether it's a hurricane, whether it's a local news, whatever; so the -- you know, I've done some research on this, and what I've gathered from Washington is that the Obama Administration is appealing to Congress to delay the switch to digital; and their argument is a strong argument. One is that the coupon program has run out offunds or is running out offunds, and a lot of people are going to get left out; and those are the people that live in elderly housing, non -speaking English -- speaking English individuals, low-income and public housing; so you know, we need to be very careful on this; and I think that as we move forward -- and this is going to happen, no matter what. It's just a matter of time because it's technology; there's nothing we could do about it. But I think that what I am going to possibly do now that you've given this presentation is pass the gavel and urge my colleagues to pass a resolution supporting the Administration's appeal to Congress to delay the switch to digital to make sure that there's adequate funding for people who may not have the funding to be able to switch. Because you know what, not everyone can afford cable. Cable gets -- getting expenser [sic]. Every complaint that I get is people telling me, you know what, I would love to get cable, but it's too expensive on their means. These individuals that are retired -- I mean, we say it here -- retirement -- with a retirement of $480. I don't know how they live; but I could tell you this much, they're not going to be able to pay 60, 80, $100 for cable just to watch TV. So I will make a motion urging my colleagues to support the Adminisfration, Obama's Adminisfration, which is basically an appeal to Congress to delay this till they're able to get this more funding and get this more transition -- smoothly transitioned into digital. So I would move that. Vice Chair Spence -Jones: We have a motion. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Chair Sanchez: All right. Thank you so much. And listen, once again, thank you so much. You've done great job, at least my elderly centers. You've really reached out to people and educated them on the issue. There's a lot of misinformation, and there's a lot of people out there that quite don't understand this complicated system; but I think you've done an excellent job in doing that, so I look forward to working with you. Mr. Sigalos: Thank you for your time. City ofMiami Page 26 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: All right. Thank you. So that resolution, Madam Clerk, was passed; and if we could get it drafted and sent to the appropriate channels in Washington urging for the appeal to Congress to delay the switch of the -- switch to digital. END OF PERSONAL APPEARANCE City ofMiami Page 27 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 PH.1 08-01515 Department of Capital Improvements Program PUBLIC HEARINGS 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 FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTES SECTION 287.055; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE PROPOSALS FROM BUREAU VERITAS NORTH AMERICA, INC., FOR ADDITIONAL WORK NEEDED FOR THE GRAPELAND PARK PROJECT, B-35828, IN AN AMOUNT NOT TO EXCEED $38,000, CONSISTING OF $34,888 FOR BASIC SERVICES AND $3,112 FOR CONTINGENCY AND REIMBURSABLE EXPENSES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-35828. 08-01515 Legislation.pdf 08-01515 Exhibit.pdf 08-01515 Summary Form.pdf 08-01515 Memo 1.pdf 08-01515 Notice of Hearing.pdf 08-01515 Letter.pdf 08-01515 Estimate of Work Effort and Cost 1.pdf 08-01515 Letter 2.pdf 08-01515 Estimate of Work Effort And Cost 2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0018 Chair Sanchez: All right, let's go ahead and take up -- I -- we do have the interpreter here for PH. 7 through 9. Let's go ahead and get the PH.1, PH.2 and PH 4 out of the way and then we'll go to the interpreter. We're not ready for you yet; we will be in a few minutes. All right, let's -- PH.1. PH.1 is waiving a comp bidding, Grapeland Park. That's been explained, but if you want to put something on the record. Ola Aluko: Yes, Mr. Commissioner -- Mr. Chair. Ola Aluko, director of Capital Improvements, City ofMiami. This item is to request approval of the attached resolution authorizing the City Manager to approve proposals for additional work needed for the Grapeland Park project for a total amount not to exceed $38, 000. This is to -- this -- its purpose is to put closure to a DERM (Department of Environmental Resource Management) requirements through the remediation that was done. Commissioner Gonzalez: Move it. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Regalado: Second. City ofMiami Page 28 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Second by Commissioner Regalado. Any further discussion? This is a -- Commissioner Gonzalez: Four fifth. Chair Sanchez: It's a four fifth vote. Mr. Aluko: That is correct. Chair Sanchez: And it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, for the record the public hearing is closed; coming back to the Commission. All right, it's a four fifth vote. Read -- roll call, ifyou want. 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, 4/0. PH.2 08-01516 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PURCHASE OF A DUAL BAND HIGH POWERED 30W FILTERED AMPLIFIER, A 2100 MHZ CONVERTER AND AN AMBERJACK WIDEBAND DIRECTION FINDER, TO UPGRADE THE STINGRAY 4-CH AND KINGFISH 1-CH CELLULAR TRACKING SURVEILLANCE EQUIPMENT, FROM HARRIS GOVERNMENT COMMUNICATIONS SYSTEMS DIVISION WIRELESS PRODUCTS GROUP, FOR THE DEPARTMENT OF POLICE, IN THE AMOUNT NOT TO EXCEED $51,500; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1171, PROJECT NO. 19-690003, AND ACCOUNT CODE NO. 12500.191602.896000.0000.00000. 08-01516 Legislation.pdf 08-01516 Summary Form.pdf 08-01516 Memo 1.pdf 08-01516 Memo 2.pdf 08-01516 Memo 3.pdf 08-01516 Memo 4.pdf 08-01516 Notice to the Public.pdf 08-01516 Pre Legislation.pdf 08-01516 Pre Legislation 2.pdf 08-01516 Wireless.pdf 08-01516 Attachment A.pdf 08-01516 Attachment B.pdf 08-01516 Attachment C.pdf 08-01516 Attachment D.pdf 08-01516-Summary Fact Sheet.pdf City ofMiami Page 29 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0019 Chair Sanchez: All right. We move on to -- Ola Aluko (Director, Capital Improvements Program): Thank you. Chair Sanchez: -- PH.2. Commissioner Gonzalez: I'll move PH.2. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Sarnoff Second. Commissioner Gonzalez: I understand this is going to be used by the Police department, right? It's a service that we used to do through the County; now it's going to be done by our own Police department? Glenn Marcos (Director, Purchasing): Commissioner -- Commissioner Gonzalez: Right? Mr. Marcos: -- I believe that is the case. Glenn Marcos, Purchasing director. Before you is a sole source purchase for the Stingray and Cellular Tracking Surveillance equipment. Back in 2007 the City Commission approved the purchase of the actual hardware, and this will end up upgrading that hardware. Commissioner Gonzalez: Not only surveillance type of equipment, but also I understand, chief that this type of technology help solve a lot of crimes; right? Deputy Chief Frank Fernandez (City ofMiami): Yes. Frank Fernandez, deputy chief Miami Police. Yes, Commissioner, absolutely. We've solved an enormous amount of crime with this technology here, including kidnappings, robberies; a number of other instances that have taken place. Commissioner Gonzalez: And before we used to depend on the County to provide this service; now we're going to be able to do our own -- Deputy Chief Fernandez: Correct. The County's -- Commissioner Gonzalez: -- department. Deputy Chief Fernandez: -- been fantastic in helping us out, but unfortunately, because of cutbacks and taxes, everything else -- Commissioner Gonzalez: Right. Deputy Chief Fernandez: -- and then budgets, they could no longer sustain that service for us. Commissioner Gonzalez: All right. I made a motion on it. City ofMiami Page 30 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: All right. There's a motion and -- Commissioner Regalado: Second. Chair Sanchez: -- it was second by Commissioner Regalado. It's a public hearing. Anyone from the public wishing to address this item, please step forward. We are on PH 2. It's a resolution. It requires a four fifth vote, and basically what we're doing here is we're ratifying it, okay. All right, anyone from the public? The public hearing is closed, coming back to the Commission. It is a four fifth vote. Let's go ahead and -- as long as we're missing one Commissioner, we'll do a -- we'll always do a vote, so let's go ahead and vote on it. 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, 4/0. Chair Sanchez: Okay. Let's -- hold on. PH.3 was continued. PH.3 08-01523 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Office (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ALLOW NITIN MOTWANI, AS A MEMBER OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY'S BOARD OF DIRECTORS AND PRINCIPAL IN THE MIAMI WORLDCENTER GROUP, LLC, TO PARTICIPATE IN A DEVELOPMENT AGREEMENT (CONTRACT), PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE MIAMI WORLDCENTER GROUP, LLC, AFFILIATED PARTIES, AND THE CITY OF MIAMI. 08-01523 Legislation.pdf 08-01523 Summary Form.pdf 08-01523 Memo.pdf 08-01523 Notice of Public Hearing.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item PH.3 to the Commission meeting currently scheduled for February 12, 2009. Chair Sanchez: All right. Let's go through them. We need a motion, PH.3. Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Sarnoff, second by the Vice Chair, Michelle Spence Jones. That's on PH.3, which is being continued to the next Commission meeting; correct? Give me a date. City ofMiami Page 31 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Mr. Hernandez: To the next regular Commission meeting. Chair Sanchez: Regular Commission meeting. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH.4 08-01552 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE JAY SOLOWSKY TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FOR THE PURPOSE OF REPRESENTING THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI IN PROCEEDINGS FILED BY MILAN INVESTMENT GROUP, INC., IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, CIVIL DIVISION, CASE NO.: 08-77800 CA 08. 08-01552 Legislation.pdf 08-01552 Memo.pdf 08-01552 Memo 2.pdf 08-01552 Notice of Public Hearing.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Noes: 1 - Commissioner Regalado R-09-0020 Direction by Vice Chair Spence -Jones to the City Attorney to review and recommend changes to the City's conflict of interest requirements. Chair Sanchez: Okay. Let's -- PH 3 was continued. Let's go to PH.4. PH.4 is a waiving conflict of interest. Julie O. Bru (City Attorney): Mr. Chairman, this is an item that's before you -- Chair Sanchez: Madam Attorney, you're recognized for the record. Ms. Bru: Oh. Yes. Mr. Chairman, this item is before you to waive a conflict of interest that arises out of the City's Code of Ethics. Mr. Jay Solowsky was formerly a member of the Downtown Development Authority. The DDA (Downtown Development Authority), along with the City, the County, and the State have recently been sued; a lawsuit that challenges the legality of the existence of the DDA, and it also seeks to recover taxes allegedly imposed unlawfully. The DDA has determined that they would like to retain special counsel to represent their interest in this matter. Our office recommends that special counsel be retained. As you know, as a matter of custom and practice, the Office of the City Attorney represents the DDA as general counsel; but the DDA retains the authority to engage special counsel and, indeed, this is the kind of situation where special counsel would be required. The Conflict of Interest ordinance of the City City ofMiami Page 32 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 ofMiami would prohibit an individual from transacting business with the City for a period of two years, even after they resign or terminated their service on a board. That's why this item is before you, and we're recommending its approval. Chair Sanchez: Okay. But for the point of clarification, he is here for the two-year waiver. Ms. Bru: Correct. Chair Sanchez: He has resigned from the board; he is no longer a member of the board. Ms. Bru: Exactly. Chair Sanchez: He is here for the two-year waiver. Ms. Bru: Yes. Chair Sanchez: Okay. Ms. Bru: And let me put something on the record. The City's Code of Ethics is a lot stricter than the Miami -Dade County Code of Ethics. The Miami -Dade County Code of Ethics would not have found a conflict for Mr. Solowsky to have undertaken this engagement, even during his membership on the board, on the DDA board; and there is also no two-year prohibition that applies to the advisory board members or the autonomous board members under the Miami -Dade County Code of Ethics. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. The item is under discussion. Anyone wishing to discuss this item? Commissioner Sarnoff Yes. Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff I guess for the folks that don't know a great deal about class-action lawsuits, it's a pretty complicated process; and much of the process is devoted to determination, whether a class will or will not be certified by the court. For those of us that don't remember, the fire fee was such a class; and actually, the court may have actually made a mistake by delaying that class because that's how some of the problems were created in that scenario. My point, really, in talking about class-action lawsuits, being an admiralty attorney, it's probably a fraternity of 25 or 30 lawyers in all of Dade County and possibly even Broward County that practice that kind of law. We oftentimes come across each other, and we sort of know each other; but it's a very small fraternity of lawyers. Class action is much more specialized than even the area that I practice in; and the best I could determine, there are probably five attorneys in Dade County that practice this; very select group of people. Jay Solowsky is one of those select people, and under his belt is one of the most famous cases of a class-action success, when he sued Exxon for probably unfair trade practices and something along those lines in the way they dealt with their various gas stations. He was extremely successful. I know he brought the firm of Stearns Weaver involved, and he has done very good work and was rewarded extremely City ofMiami Page 33 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 well for it; and let me come back to that for a moment because when you are successful as a lawyer and you receive a very large fee, you also become an object. To get representation from a class-action lawyer -- probably the most famous would be Gene [sic] Stearns, and he is approximately $1, 000 an hour. You could probably get somebody less expensive. My guess is about $700 per hour. It is an extremely select group of lawyers. They do not have to be very competitive with each other, for obvious reasons, since the law of supply and demand dictates that there are very few of them. Jay, who is probably either the number -one or number -two class-action lawyer in the City ofMiami, has agreed to do this for $275 per hour. He almost matches my rate; I'm lower than him, but that's pretty hard to do. He has halved his rate. That would mean if we retained Gene [sic] Stearns, for every one hour -- for every four hours that Jay would put in, Gene [sic] would bill at one hour; and that's an incredible savings to the citizens of the City ofMiami. Because no matter how you slice it, whether the DDA pays for this or the City ofMiami pays for this, inevitably it goes back to our residents, our taxpayers, our business community down at the DDA. Now, when I said I would come back to something -- as a result of Jay's success, he has also become something of an object. You saw recently in the Miami Herald that he was being sued, and I thought -- I'll be honest with everybody. I know Jay Solowsky. I know his reputation. I know the man personally. He's a fine lawyer, and I don't say that about very many lawyers because I think he's a man of ethics; I think he's a man of integrity, and I think he's a great trial attorney; and I don't say that about many trial lawyers. But Jay was sued recently in a case known as the Tambourine case. I could even give you the full name. It's Tambourine Comercio International, a Portuguese company, Hawksbay Limited, and Isle of Man Corporation. Interesting corporation; they don't pay taxes. And he successfully defended that lawsuit. And I happen to have Judge Gonzalez's order here, and let me just say some things about Judge Gonzalez. It says in the ruling which he did from the court, "Further, the Court finds the evidence in support of Hawks' [sic] claim is imprecise, not explicit, uncertain, equivocal, and highly confusing. Indeed, the Court finds, beyond a reasonable doubt, that the evidence in this case is highly confusing and is incapable of producing a firm belief or conviction without hesitation about the matter and issue. The Court finds that no reasonable minds and, hence, no reasonable jury could fairly conclude by clear and convincing evidence that the defendants are guilty of civil theft." That's what he was sued for. "And the Court finds that no reasonable minds and, hence, no reasonable jury could fairly conclude by a preponderance of the evidence that the defendants are guilty or could have committed any of the acts." He then goes on to state that he didn't just rule right away, but he took this home over the weekend and thought long and hard about it. Now you may have heard that Jay's been sued once again by -- I believe it's called the Boccolini (phonetic) -- and I apologize if I'm bastardizing their names -- and the Brenman case. That's the sister and the husband of Tambourine Commercional [sic] who are bringing the suit because they lost the lawsuit as a corporation. A motion to dismiss, almost the size of our agenda, has been pending since June of '08. Now, either to Jay's credit or to Jay's detriment, almost every judge that touches this case has recused himself because they know Jay Solowsky; and most of the orders you'll find in the case are orders of recusal, so no judge has focused on the motion to dismiss, I think sufficiently, to make the ruling; but it's just hard to believe that you could get a second bite at the apple in your individual capacity when you lost in your corporate capacity. And I just thought, for anyone who read the Miami Herald -- and there's always more to do and there's always more to say. I'll be honest with you, the Tambourine Commercional [sic] International lawsuit is being appealed by those folks. Probably one of the reasons that they're -- it's being appealed is they're facing a $1.2 million attorney's fee judgment against them. And I could tell you as a lawyer, people appeal to make sure that they put themselves in the best possible posture; because I'm sure they thought they were going to win a lot of money, and now they're about to pay a lot of money. So I thought I'd just, for the record, state I think you all know, sitting in this Commission, people can sue you for anything in the world; and they're just allegations. They just are words on a document that somebody had the nerve to take and put in front of a court, and they're not very frequently frue. I've been sued since I've been a Commissioner three times. None of them have proven to be true, but everybody -- this is America, and the court system says everybody gets to at least have their day in court. These folks had their day in court, and I just City ofMiami Page 34 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 read to you what an exfremely, well -reasoned, well -respected United States District Judge Jose Gonzalez said; and he's a very good judge. So to the extent that there's any concerns from any Commissioners with regard to Jay Solowsky or what's been reported, I just think that there is record evidence out there that could have been reported maybe a little more freely and maybe a little more fairly. The amount of savings to the taxpayers or the citizens ofMiami will be profound. And let me say one other thing. When I first read the lawsuit, you know, I was concerned because I'm not a class-action lawyer. I thought about a couple of statute of limitations thoughts. When I finally got to meet with Jay and heard the planned defense, it just goes to show you why you hire lawyers that know what they're doing because he already has a roadmap that will probably keep the exposure to less than $200; and I think we could afford to make a $200 payment if we needed to. So I'd strenuously recommend to the fellow board members here that we certainly appoint -- well, that we waive the conflict of interest. There's only one person sitting in the City Commission who, arguably, has some connection with the DDA; and that's the Chairman, himself; and it's not the same board of directors. This board -- you could argue as the CRA (Community Redevelopment Agency) we're the same board of directors because we are, pretty much. Well, we are. But the DDA is a statutory board of which eight people must -- and I stress "must" -- be business owners downtown by statute; then, of course, there's the City Commissioner, there is a County Commissioner; and I believe the State has one or two picks, and I think there's only four people who actually have what I would call free picks, if you will; so you're always going to have people of some interest with downtown development. But he's done the right thing here. He has removed himself from the board of directors. He's only asking for a waiver for the two years. And I just want to say one last thing because I've worked with Jay intimately with regard to the protesters. You all know that there's been protesters in the City ofMiami trying to enforce their union -- trying to enforce what they perceive to be their union rights or, at least, bringing that to people's attention; pretty big bone of contention for a lot of people who go to work day in and day out in the City ofMiami. And when I got involved in this, of course -- I guess I was a little bit of a bull in a China shop -- and Jay got involved in this; and the next thing we know, he probably has -- and by the way, he's done it pro bono without charging the City a penny. He has met with the folks. He has crystallized the issues. He brought to the City a protest of what I call "silence," to some degree. If you notice, it's gotten a lot quieter by agreement. They no longer block certain pathways. They're enforcing what they perceive to be their Constitutional right of free speech and assemblage, and they have certain labor rights as well. And Jay really educated me, I think he helped to educate the City Attorney on what the rights they have; and he did so without any kind of remuneration, at all. Now I can tell you, going into a court of law, I think all he's doing is charging us a fee to keep the lights on, if you will, in the law office; keep his employees paid, and be able to defer the costs of the litigation (UNINTELLIGIBLE). So I've said enough. I strongly urge each one of my Commissioners to waive the conflict. It is only a waiver of the two years. He has done the right thing; he has withdrawn from the board, and I think it's the board's loss, to some degree, that they won't have Jay's stewardship as a board of director; butt strongly urge that each one of you consider and think about moving the conflict. Thank you. Chair Sanchez: All right. Vice Chair. Vice Chair Spence -Jones: Yes, Mr. Chairman. I'm glad that we're not dealing with the other item on here because I did have some concerns during my briefing with Madam City Attorney regarding this whole issue of conflict of interest, and I have reviewed and discussed the difference between the City's conflict laws and the County's conflict laws; and I find that these rules far exceed -- our rules far exceed what the County does, so -- you know, I know that one of the things that I've asked for her to do is to kind of look at revising our laws regarding this issue because it is becoming exfremely difficult to attract people that can provide the kind of expertise on our boards, but, yet and still, they still have to do business in the City. So, hopefully, Madam City Attorney, we'll be working on that so that we can address it. I had concerns from the very beginning because in the past I've had board members in the same situation that were denied waivers because of it. I've had a chance to meetHr. Solowsky a couple of times, and I was City ofMiami Page 35 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 really impressed with, you know, the things that he does bring to the table; and I'm really trusting my Madam City Attorney and her advice on him being the best person to really, you know, handle the job. And I do want to respect the District Commissioner, and that is his area; the DDA area is his area, and quite frankly, he probably knows a little bit more about law than any of us sitting up here; so, I'm going to trust his viewpoint and his opinion on that. And Mr. Chairman of the DDA, which has been fighting for the DDA since he's been a part of it, I'm going to respect that as well; so, I have no problem with supporting this particular item. I just want to ask that Madam City Attorney, if we can look beyond this -- because I think we'll be waiving a lot of things or a lot of people because of this particular law, and that's my only statement on this issue. Chair Sanchez: All right. Let me just say that read the Herald's article and it's skewed to be sensational. That's all I'm going to say about it. As the chairman of the DDA, let me just say something. As elected officials, we sign on to get our names dragged through the mud, you know. That's -- being a Commissioner, being a elected official, that' what's going to happen. I think, what bothers me the most is when people get dragged through the mud that do not deserve to get dragged through the mud, especially people who are civic, service -oriented; people who have volunteered to serve on a board, who has done countless hours of pro bono work for the DDA, you know. It's a fad nowadays to sue the City. The DDA is being sued by a class-action lawsuit, and I think we've learned from class-action lawsuits that, at the end of the day, it's the attorneys that make all the money. And this suit we will fight vigorously, we will defend it. And the individual, who has resigned from the board -- he's here once again, and I wanted to point out, for the two-year waiver only -- has an incredible experience in class-action lawsuits. He has provided us countless hours of pro bono work, knows the DDA; so our job is to, one, defend the City, represent the City, save money for the City; and that's what we're doing here. So I think that what we need to focus on is that -- what's happening here is that you're going to have people that are going to be -- they're going to shy away from being civic service to this community because of these things. We need to address the issue of the provisions that exist because the requirements, itself the qualification for members -- and it's been put forth by some of my colleagues here -- is that it requires them, the board members, to live at the DDA, have property at the DDA, or work at the DDA. That puts about 80 percent of its members possibly in a conflict of interest in the defined rules that exist right now. So we all want the highest level of ethics at the DDA, and we want to be able to push people to volunteer and be a part of it and provide service to the DDA; but I'm very concerned by where we're at today, where we have brought this individual in front of us who -- his name has been in the paper, and now, you know, he has to allow an opportunity to defend himself on these; and that's the only issue that have. I mean, we're committed at the DDA. I am proud to serve at the DDA. We have great board members at the DDA. We've accomplished a lot of things. But when you have members that are being dragged through the mud, it concerns me because what's going to happen is that you're going to have people that won't want to serve anymore when we push people to serve in our community. So, Jay, at this time I'm going to allow you to put something on the record, if you like; or Commissioner Regalado, and then we'll allow Jay to say what he has to say. Commissioner Regalado: Thank you. Thank you very much, Mr. Chairman. You know, Commissioner Sarnoff, I agree with you 95 percent of the time. I think maybe 99 percent of the time, but sometimes we disagree; and this is America. This is what government is about. I don't know, personally, Mr. Solowsky; I have met with him several times. And I was remembering, when you were talking, the work that he did during the panhandling ordinance; he guided the board through the complex civil rights issue, which is more important than another case in the court because suits get dismissed or challenged; but civil rights cases, they drag on and on and on. And he was able, as a sitting board member, to work through; and we came up with this ordinance that wasn't challenged even by the ACLU (American Civil Liberties Union), so the board was very well represented; and then about the shouting and the carpenters, another First Amendment. First Amendment is probably the issue of the times in the United States, and he was able to work -- I understand that there is a 90-day period cone of silence or something, or City ofMiami Page 36 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 cease-fire; I don't know. You know, they call it in -- until everything is done. And he was a sitting board member, and he helped through. Some of my colleagues have said he did the right thing by resigning. I say you did the wrong thing by resigning because you have denied the board the expertise in future cases because this is not going to be the last case; and, probably, the City Attorney has an item that she's going to hire outside counsel for this matter, and nobody knows what a court will do; but what we know is that there will be many challenges to the DDA, especially in these times, and especially with First Amendment issues; and as Miami grows, there are more amendments. This is why I cannot support the waiver, for one single reason. I think that the DDA has gone through difficult times, audits that shown that there was waste, mismanagement, and derelict of duty; issues that are being dealt still as we stand with constructions and projects and personnel and all that, and it is important to have people that understand the rules and the laws in the board. As to the legal case, I don't think it's relevant on this matter; but you have to understand that any public figure -- and you are a public figure, being on a high, visible position in the board -- has to be scrutinized; and everything is public. That's the way it is. Look at Tim Gaynor, you know, our next treasurer/secretary. I mean, he forgot. It was an honest mistake, but he forgot;; and he forgot on the nanny things too, but it was an honest mistake; but it was an issue. It was not only a national issue, but a worldwide issue. My problem is that, number one, I think that exiting the DDA was something that in the future will not benefit the DDA; that, you know, you're going to throw himself into a sword for one case, and there will be many cases; and number two, I think that all the board members of the DDA -- and I do agree that, you know, if you are -- if you live or have offices or business in downtown, you need to promote downtown and engage in development in downtown; but mind you, if you see the results -- and I see it every month of the Dade County Ethics Commission. A lot of board members from the County, they go before the Ethics Commission to engage in business with the County; and most of the time, they get approval, sometimes they don't; but they do go, and they do have to defend their case before the Ethics Commission. But my point is that, you know, when things like this happen, you draw attention to the past of the DDA; and you guys are working for the future of the DDA and the present of the DDA. And the first thing -- you know, people have government fatigue. People do not trust governments anymore, and I challenge anyone who says the contrary. What we saw last November shows exactly that, that people wanted a total change; and they did, against all odds. So it is important to do not the things that are legal, but the things that are perceived right; and I just think that there is no need to draw attention through any possibility of talking -- I don't think that you have been drove by the mud. I mean, just the fact that somebody's suing you is part of the news; it's daily occurrence to every attorney -- most of the attorney. It's a duty of the press to report, and I just think that it is important that, you know -- you know what they say -- I'm going to end here -- about Caesar's wife. Not only she has to be honest; see needs to look honest. That's what they say in Rome, and still, so many, many, many years ago, things have not changed. So it's not about -- my vote is not about your work. I think you did the right -- the wrong thing by resigning. It's not about the legal case; that, you will take care in the court. It's about the perception that this could create in terms of you exit; we hire you, and that's what the simple people -- I'm just -- you know, I'm not an attorney. He's brilliant; I'm not, so that's the perception that people get. Thank you. Chair Sanchez: Jay. Commissioner Gonzalez: Great speech. Jay Solowsky: May it please the Commission. My name is Jay Solowsky. I reside at 2127 Brickell area -- Brickell Avenue. I was honored to serve as a member of the board of the DDA with Commissioner Sanchez and with a very dedicated and committed board that we now have and a very, very committed and professional staff that we have at DDA; and I was reluctant to resign from the board, I tell you, Commissioner Regalado, because I believe that I was able to perform a service and a valuable service; and I have been blessed in my career so that I have the time to be able to donate and to perform services. However, the rules, as they presently exist, would not permit me to both stay on the board and represent the board in defense of this class City ofMiami Page 37 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 action. This case is a case that seeks a refund of ad valorem taxes paid referable to the DDA going back to its formation in 1965, a period of 43 years, and tens of millions of dollars. Class actions must be taken seriously. When I read this one, I realized that there were both procedural and substantive defenses that are available to the various defendants, including the City and the DDA. I also know the enormous costs involved in defending these kinds of cases. They tend to be exfremely time-consuming and labor-intensive; and at the rates that attorneys who handle these cases charge, it would be an inordinate and very, very serious expenditure of funds. I am and was very concerned that we would have to spend any money to have to defend a case like this, but that's the reality of the situation. Because, as we know, anyone with a few hundred dollars, can run to the courthouse and file a litigation; and that is what occurred in this case. I have thick skin, and the article that came out, frankly, did not disturb me tremendously because I understand that when I put myself out there, that that is part of the price. However, I do think that it discourages people who may otherwise be wonderful individuals with skill sets that would be certainly welcome on any of the boards within this community, whether they be public boards or City boards; or whether they be of private organizations, where I also serve on several boards, and that concerns me because I think it has a chilling effect. But I think that the defense of this case -- and I do respect and understand your position, Commissioner -- warrants taking it seriously in a manner that would require, I think, myself to do what I believe is in the best interest of the City and DDA, which would be to undertake its reputation. I would, ifI were able to, do this pro bono as I have done other matters pro bono; but these cases tend to be so labor-intensive and involve attorneys in my office other than myself that need to be paid and overhead needs to be met that I'm prepared to do it on the basis of my own fee being reduced by 50 percent. I do want to make one other comment with regard to what you've said, Commissioner Sarnoff, with regard to the picketing. I do not take credit for what has occurred with the picketing because, frankly, the staff of the DDA had been able to arrange meetings to facilitate discussions between the owners of the buildings and the Carpenter's counsel; and it was as a result, I think, of the expertise of the staff and being able to bring the parties together, and the fact that while I vehemently disagree with the methods that the Carpenter's counsel employed, I certainly understand their goals; and they did not have a forum to really express themselves in a rational and cogent manner, which is all that was provided to them, and they turned out to be not unreasonable. Now, if the situation blows up, we may find that there's active, loud picketing tomorrow; and if that happens, we're prepared to go to court. But thus far, the Carpenter's counsel has been exfremely reasonable, and they are to be credited for their reasonableness, as the staff of the DDA should be credited for attempting to and, in fact, facilitating what were very difficult -- a difficult process and difficult meetings. I am here to -- Commissioner Sarnoff Jay, Jay -- Mr. Solowsky: Yeah. Commissioner Sarnoff -- stop right there. I've never liked a modest attorney, because you know what it means, he's running for office. I'm sorry, butt just want to give you a lot of credit. I think you deserve -- I'm not suggesting that you shouldn't have made the speech you made, but truthfully -- and everybody here should know this -- if it wasn't for this man, I don't believe there'd be any movement in those particular -- in that particular field with those particular unions, so let me speak on your behalf. Go back to your speech; I apologize, butt never trusted a modest attorney. Mr. Solowsky: I also, Commissioner Regalado, tell you I will continue to serve the DDA in a nonboard capacity, I will continue to attend meetings. Although I won't be able to vote as the situation currently exists, I will continue to participate and will continue to volunteer my time because it is an effort I believe in. And if anyone has any questions, I'd be happy to answer them. Chair Sanchez: All right. There is a motion and a second on this item. It is PH 4. It's a City ofMiami Page 38 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 resolution. Any further discussion on the item? If not, all in favor, say "aye," for the waiver. Pamela E. Burns (Assistant City Clerk): Mr. Chair? Commissioner Sarnoff Aye. Commissioner Gonzalez: Aye. Chair Sanchez: Yes. Ms. Burns: Did you wish to open this to a public hearing? Commissioner Sanchez: Oh, I'm sorry. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. I do apologize; it is a PH (Public Hearing). All right, anyone from the public? If not, the public hearing is closed. All right, there's a motion and a second. All in favor, say "aye." Commissioner Gonzalez: Aye. Commissioner Sarnoff Aye. Commissioner Regalado: No. Chair Sanchez: Anyone in opposition, having the same right? Commissioner Regalado: No. Chair Sanchez: One no. Okay, thank you. It passes. We move on. PH.5 08-01545 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Office (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ALLOW JEROME HOLLO, AS A MEMBER OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY'S BOARD OF DIRECTORS AND AS A PRINCIPAL IN THE TWJ 1201 LLC, TO PARTICIPATE IN A LICENSE AGREEMENT (CONTRACT), BETWEEN TWJ 1201 LLC, AND THE CITY OF MIAMI. 08-01545 Legislation.pdf 08-01545 Summary Form.pdf 08-01545 Memo.pdf 08-01545 Notice of Public Hearing.pdf CONTINUED A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to continue item PH.5 to the Commission meeting currently scheduled for February 12, 2009. Chair Sanchez: PH.5 is the same thing. You're basically asking for the same thing, right, continued to next --? Pedro G. Hernandez (City Manager): Yes, sir. City ofMiami Page 39 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 10:30 A.M. PH.6 08-01517 Department of Community Development Chair Sanchez: Okay. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. We are -- PH.5, there is a motion to continue to the next regular Commission meeting. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. A sign language interpreter translated discussion of Items PH.6 - PH 9. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO RATIFY THE HOUSING AND COMMERCIAL LOAN COMMITTEE APPROVAL DATED APRIL 20, 2007 SUBSTITUTING $253,787 IN COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND $2,022 IN HOME INVESTMENT PARTNERSHIP FUNDS WITH AFFORDABLE HOUSING TRUST FUNDS TO PENINSULA HOUSING DEVELOPMENT, INC. XVII, FOR THE LA PALMA APARTMENTS PROJECT LOCATED AT 1040 SOUTHWEST 1ST STREET, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-01517 Legislation.pdf 08-01517 Summary Form.pdf 08-01517 Public Notice.pdf 08-01517 Memo 1.pdf 08-01517 Home-CDBG RFP.pdf 08-01517 Memo 2.pdf 08-01517 Memo 3.pdf 08-01517 Pre Legislation.pdf 08-01517 Exhibit A Housing Guidelines.pdf 08-01517 Memo 4.pdf 08-01517 Corporation.pdf WITHDRAWN Chair Sanchez: We move on to PH.6. PH.6 is -- Pedro G. Hernandez (City Manager): A withdrawal. Chair Sanchez: -- withdrawn. Mr. Hernandez: Yes. Chair Sanchez: Okay. Do we need a motion to withdraw? We don't need a motion to withdraw. City Manager has the proper authority to withdraw the item, so we don't need to take any action City ofMiami Page 40 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 PH.7 08-01518 Department of Community Development on PH 6. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE TOTAL AMOUNT OF $50,000, FROM BETTER WAY OF MIAMI, INC., AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS, TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES FOR THE CITY OF MIAMI LITTLE HAITI COMMERCIAL REHABILITATION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITIES, FOR SAID PURPOSES. 08-01518 Legislation.pdf 08-01518 Exhibit 1.pdf 08-01518 Exhibit 2.pdf 08-01518 Summary Form.pdf 08-01518 Public Notice.pdf 08-01518 Master Report.pdf 08-01518 Pre Legislation 1.pdf 08-01518 Pre Legislation 2.pdf 08-01518 Letter.pdf 08-01518 Letter 2.pdf 08-01518 Little Haiti Beautification Project.pdf 08-01518 Cost Estimates.pdf 08-01518 Division of Corporation 1.pdf 08-01518 Division of Corporation 2.pdf 08-01518 Special Grant Agreement.pdf 08-01518 Corporate Resolution.pdf 08-01518 Text File Report.pdf 08-01518 Exhibit A.pdf 08-01518 Exhibit B.pdf 08-01518 Exhibit B 2.pdf 08-01518 Exhibit C.pdf 08-01518 Exhibit D .pdf 08-01518 Exhibit E.pdf 08-01518 Exhibit F.pdf 08-01518 Exhibit G.pdf 08-01518 Exhibit H.pdf 08-01518 Exhibit I.pdf 08-01518 Certificate of Liability Insurance.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0021 Chair Sanchez: All right, PH -- Vice Chair Spence -Jones: Seven. City ofMiami Page 41 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: -- 7. Let's go to PH 7. We got the translator, okay. PH.7, those items were properly advertised, after 10:30 a.m. Lillian Blondet: Good morning. Lillian Blondet, assistant director of Deparhnent of Community Development. This is a resolution requesting the Commission to authorize the transfer of $50, 000 in CDBG (Community Development Block Grant) funds from Better Way ofMiami, Inc. to Rafael Hernandez Housing and Economic Development Corporation for economic development activities to complete the Little Haiti Rehabilitation project. Chair Sanchez: All right. Can I get a motion and a second? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Commissioner Sarnoff Second. Vice Chair Spence -Jones: Discussion. Chair Sanchez: Motion proffered by the Vice Chair, second by Commissioner Gonzalez. Before we open up the item for discussion, 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. Discussion. Vice Chair Spence -Jones. Vice Chair Spence -Jones: Yes. First of all, I just want to commend CD (Community Development), the Department itself for doing an outstanding job with the -- in reference to the Little Haiti project and us make -- being able to make the adjustments, and I just wanted to provide some clarity on why we're making the -- fransferring these dollars from Better Way. As you know, I'm a strong supporter of Better Way, but the current building that they're in, there is a negotiation going on between University ofMiami to relocate their current site; and it doesn't make sense to spend money on something that we're going to end up -- they're going to have to relocate anyway. Ms. Blondet: Yes. Vice Chair Spence -Jones: So that is the reason for -- Ms. Blondet: This item. Vice Chair Spence -Jones: -- this particular item, so I just wanted to be clear that we're not taking it from an agency that provides great services to the community. The agency really, ifI've used this money for this, then six -- Blondet: They're selling the building, so -- Vice Chair Spence -Jones: -- months, nine months later it's going to be knocked down, so it doesn't make sense; so that's why we're fransferring the dollars. With that being said, I'm done with the item. Chair Sanchez: All right. Any further discussion? If not, 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. City ofMiami Page 42 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 PH.8 08-01519 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CONVEYANCE OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 400-420 SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, WITH PARCEL REVERTER PROVISIONS, TO BISCAYNE HOUSING GROUP, LLC., FOR THE DEVELOPMENT OF A MIXED -USE, ELDERLY RENTAL HOUSING PROJECT ON THE SITE, SUBJECT TO THE TERMS INDICATED ON EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-01519 Legislation.pdf 08-01519 Exhibit A 1.pdf 08-01519 Exhibit B 1.pdf 08-01519 Purchase and Sale Agreement.pdf 08-01519 Summary Form.pdf 08-01519 Public Notice.pdf 08-01519 Email.pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0022 Chair Sanchez: PH 7 [sic]. PH 7 is a transfer of CDBG (Community Development Block Grant) funds, Rafael Hernandez Housing. Pamela E. Burns (Assistant City Clerk): We -- Mr. Chair, we just completed PH 7; now we're on PH.8. Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: PH.8. Vice Chair Spence -Jones: PH.8. Chair Sanchez: PH.8. All right, PH.8. Alfredo Duran (Deputy Director): Good morning. Alfredo Duran, with Department of Community Development. This resolution authorizes the conveyance to Biscayne Housing Group with parcel reverter provisions, a City ofMiami-owned parcel of land located at 400, 420 Southwest 8th and 430 Southwest 8th Avenue; otherwise known as the Teafro Marti site. The Department of Community Development worked closely with the district office in arriving what the district needs and priorities are for this site. It was determined that a mixed -use affordable rental project to serve the elderly population of the district was the need. In addition, that whatever developer arrived at this project also acknowledged the historical significance of the Teafro Marti site that once sat on this site. With that understanding, the City -- the Department of Community Development reached out to a number of developers or entities that were known to us to have successfully developed elderly rental projects. This developer, Biscayne Housing, City ofMiami Page 43 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 LTD (Limited), proposed the most viable project; and being a developer that has had tremendous experience in developing this site, understanding the priorities of the district and this historical site, we recommend that this site be conveyed to them. However, this is conveyed in the form of a purchase and sales agreement. This property will not be provided to this developer until certain benchmarks, deadlines, and requirements are met. Our recommendation is to move on this resolution. Thank you. Chair Sanchez: All right. I will pass the gavel and make a motion. Vice Chair Spence -Jones: I have a motion. Do I have a second? Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor -- Chair Sanchez: Discussion. Vice Chair Spence -Jones: Oh. Chair Sanchez: Discussion on the item. Vice Chair Spence -Jones: Discussion. Commissioner Gonzalez: All right. Chair Sanchez: First of all, let me -- Vice Chair Spence -Jones: It's a public hearing, too, right? Chair Sanchez: Yes, it's a public hearing. Vice Chair Spence -Jones: So I'd like to open this up to the public, if anyone has any comments. Gonzalo Deramon: Hi. Good morning, Commissioners. My name is Gonzalo Deramon, Biscayne Housing Group; with me my partner, Michael Cox, office in 150 Southeast 2nd Avenue. And I just want to reiterate the commitment that we have expressed through the different staff and Commissioner staff about the development for the Teatro Marti. Just a clarification -- a note, with the groundbreaking that we just had on Biscayne Court, we have break over a thousand units of affordable housing units in the City ofMiami. Out of that, about 700 dedicated for the elderly, so we feel very confident that we're going to be able to deliver the product that the City envision for this particular site. If anything, we're here to (UNINTELLIGIBLE). Thank you. Vice Chair Spence -Jones: All right. Any other comments that -- from the public regarding this item? This item comes back to the Commission. Chair Sanchez: And I'll be very brief. He's made it very clear. My district priority is elderly housing. It is the only construction that's happening out there. And the reason why we're going with this is because this company has a great track record, and this is something that putting the money that we're putting into I know that it will become a reality; and based on the historical aspect of it, we've worked (UNINTELLIGIBLE) we're going to continue to have a historic element on that site of what that site represented to this community, so we're moving forward with it. And I think that, at the end of the day, it is a great project that's going to allow 25 affordable rental properties [sic] for citizens and residents in our community; and I want to thank you all for coming together on this, which, right now, it's even getting harder and harder City ofMiami Page 44 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 PH.9 08-01520 Department of Community Development to provide any type of construction out there; but I think it's -- overall, it's a win -win situation for everybody. Vice Chair Spence -Jones: Okay. So we had a motion and we had second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. I'm going to pass the gavel back. I do just want to make this comment about Biscayne Housing, and, yes, I do want to commend both you guys. You have a couple of projects in my district, and I can honestly say -- and I see Elaine Black back there -- we have a new building that's coming up in my district, a seniors' building; and you guys are probably one of the most sensitive community developers that I know that's out there really frying to make sure that the residents, community -based organizations, and individuals that are from neighborhoods are very much involved in the process; so I want to publicly commend you for that and say congratulations on this particular project, and I look forward to working with you on the projects that we have in my district. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM OCTOBER 31, 2008 TO JUNE 30, 2009, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 31, 2009 TO JUNE 30, 2010, ON THE PROPERTY LOCATED AT 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA; AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM OCTOBER 31, 2008 TO JUNE 30, 2010, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 31, 2009 TO JUNE 30, 2011 ON THE PROPERTIES LOCATED AT 3245 NORTHWEST 11TH COURT, 3255 NORTHWEST 11TH COURT AND 790 NORTHWEST 29TH TERRACE, MIAMI, FLORIDA ("PROPERTIES"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, FOR SAID PURPOSES. City ofMiami Page 45 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Votes: 08-01520 Legislation.pdf 08-01520 Summary Form.pdf 08-01520 Public Notice.pdf 08-01520 Exhibit A.pdf 08-01520 Letter.pdf 08-01520 Budget.pdf 08-01520 Scope of Work.pdf 08-01520 Miami- Dade My Home.pdf 08-01520 Plan Status Review.pdf 08-01520 Pre Legislation 1.pdf 08-01520 Memo 1.pdf 08-01520 Pre Legislation 2.pdf 08-01520 Pre Legislation 3.pdf 08-01520 Memo 2.pdf 08-01520 Memo 3.pdf 08-01520 Property Information Map.pdf 08-01520 Agreement for Purchase and Sale.pdf 08-01520 Exhibit A 1.pdf 08-01520 Exhibit B.pdf 08-01520 Pre Legislation 4.pdf 08-01520 Pre Legislation 5.pdf 08-01520 Exhibit A 2.pdf 08-01520 Pre Summary Form.pdf 08-01520 Pre Legislation 6.pdf 08-01520 Memo 4.pdf 08-01520 Text File 1.pdf 08-01520 Letter 2.pdf 08-01520 Pre Legislation 7.pdf 08-01520 Pre Legislation 8.pdf 08-01520 Exhibit A 3.pdf 08-01520 Corrective City Deed 1.pdf 08-01520 Exhibit A 4.pdf 08-01520 Exhibit B 2.pdf 08-01520 Corrective City Deed 2.pdf 08-01520 Pre Summary Form 2.pdf 08-01520 Memo 6.pdf 08-01520 Pre Legislation 9.pdf 08-01520 Pre Legislation 10.pdf 08-01520 Pre Notice.pdf 08-01520 Text File 2.pdf 08-1520 Legislation Exhibit SUB.pdf 08-01520 Legislation Exhibit 2 SUB.pdf 08-01520 Legislation Exhibit 3 SUB.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0028 City ofMiami Page 46 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones 08-01520 Department of Community Development RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, INC. ("ABDA"), AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM OCTOBER 31, 2008 TO DECEMBER 31, 2009, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 31, 2009 TO DECEMBER 31, 2010, ON THE PROPERTY LOCATED AT 1264 NORTHWEST 31ST STREET, MIAMI, FLORIDA; AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM OCTOBER 31, 2008 TO JUNE 30, 2010, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 31, 2009 TO JUNE 30, 2011 ON THE PROPERTIES LOCATED AT 3245 NORTHWEST 11TH COURT, 3255 NORTHWEST 11TH COURT AND 790 NORTHWEST 29TH TERRACE, MIAMI, FLORIDA ("PROPERTIES"), LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO ABDA, AND ALL OTHER NECESSARY DOCUMENTS, FOR SAID PURPOSES. City ofMiami Page 47 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Votes: 08-01520 Legislation.pdf 08-01520 Summary Form.pdf 08-01520 Public Notice.pdf 08-01520 Exhibit A.pdf 08-01520 Letter.pdf 08-01520 Budget.pdf 08-01520 Scope of Work.pdf 08-01520 Miami- Dade My Home.pdf 08-01520 Plan Status Review.pdf 08-01520 Pre Legislation 1.pdf 08-01520 Memo 1.pdf 08-01520 Pre Legislation 2.pdf 08-01520 Pre Legislation 3.pdf 08-01520 Memo 2.pdf 08-01520 Memo 3.pdf 08-01520 Property Information Map.pdf 08-01520 Agreement for Purchase and Sale.pdf 08-01520 Exhibit A 1.pdf 08-01520 Exhibit B.pdf 08-01520 Pre Legislation 4.pdf 08-01520 Pre Legislation 5.pdf 08-01520 Exhibit A 2.pdf 08-01520 Pre Summary Form.pdf 08-01520 Pre Legislation 6.pdf 08-01520 Memo 4.pdf 08-01520 Text File 1.pdf 08-01520 Letter 2.pdf 08-01520 Pre Legislation 7.pdf 08-01520 Pre Legislation 8.pdf 08-01520 Exhibit A 3.pdf 08-01520 Corrective City Deed 1.pdf 08-01520 Exhibit A 4.pdf 08-01520 Exhibit B 2.pdf 08-01520 Corrective City Deed 2.pdf 08-01520 Pre Summary Form 2.pdf 08-01520 Memo 6.pdf 08-01520 Pre Legislation 9.pdf 08-01520 Pre Legislation 10.pdf 08-01520 Pre Notice.pdf 08-01520 Text File 2.pdf 08-1520 Legislation Exhibit SUB.pdf 08-01520 Legislation Exhibit 2 SUB.pdf 08-01520 Legislation Exhibit 3 SUB.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones R-09-0028 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to review the ordinance that requires the City to have performance bonds and consider the possibility of the City circumventing the provision City ofMiami Page 48 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 relating to performance bonds on projects less than $200, 000; and report back to the Commission in 60 days. Chair Sanchez: All right. We move on. We move on to PH.9. All right, PH.9 is also a resolution. Alfredo Duran (Deputy Director, Community Development): This resolution is authorizing Allapattah Business Development -- providing Allapattah Business Development Authority, ABDA, with an extension to commence consfruction on four lots that were conveyed to them by the City ofMiami for the development of affordable housing. They failed to meet the deadlines for the commencement of these sites. This organization, like many other developers, are struggling through the challenges that affordable homeownership is bringing to them; banks are not willing to lend and -- well, you know the story. This has come up many times. They are asking for an extension to June of this year to commence on all of the sites, but they are ready to commence on one. These are affordable duplexes, twin homes. They are working with their lender, and they have -- and also have a confractor that they're working the numbers with them, and we feel comfortable that they will start that first house within the next 30 days; and we recommend authorization to extend this to June of this year. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Commissioner Gonzalez: No, I haven't made a motion yet. I have a couple of questions. Okay. You say they failed to meet the requirement or the timetable, and I know what is going on and everybody knows what's going on out there with consfruction, but how -- do they have a plan, and what do they have on hand that can assure us that they're going to be able to begin construction on this twin home in June? Mr. Duran: Commissioner, on the home that they plan on building within the next -- starting within the 30 days, they have buyers, they have a commitment from the bank; they -- Commissioner Gonzalez: They have qualified buyers? Mr. Duran: They have qualified buyers. They have a commitment from -- with the bank, and they're now negotiating the cost of the construction with the contractor that was awarded the -- or that was the lowest bidder. They need to bring their costs a little bit -- they're still massaging that and working with the confractor. Commissioner Gonzalez: So the only -- I'm sure that they have drawings, and they have everything, and permits and everything. Mr. Duran: They have drawings for their houses, and that -- all that's done. Commissioner Gonzalez: So -- Mr. Duran: IfI may add also that they have maintained these sites, continuously secured, insured and has protected the City by maintaining these safe and secure. We believe in them, and we believe that they're going to commence within 30 days. Commissioner Gonzalez: So what I perceive, based on what you said, is that the only issue is a matter of negotiating the construction price. Mr. Duran: That and to also modify the commitment that they have currently with their -- Eurobank, their bank, to consist of this one house -- to start with this one house; to narrow the costs down, bonding issues and other issues that -- City ofMiami Page 49 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Gonzalez: One house or two houses? Mr. Duran: It's two houses. Commissioner Gonzalez: Two houses. Mr. Duran: Sorry; a duplex. Commissioner Gonzalez: And you're recommending this? Mr. Duran: Yes, we are. Commissioner Gonzalez: All right. I make a motion on it. Vice Chair Spence -Jones: I have a motion. Do I have a second? Commissioner Sarnoff Second. Vice Chair Spence -Jones: I have a second from Commissioner Sarnoff. This is an item that needs to be heard by the -- not heard by -- any comments that need to be put on the records by the public should do at this particular time. Victor Seijas: Good morning, Commission. My name is Victor Seijas. I am a deputy director of Allapattah Business Development, and I'm here to answer any questions that the Commission might have. We are aware of the difficulties. We all are. We're just finishing up on some business issues that we need to establish and make sure we go ahead and complete, like we have all the other projects that we have done for low-income housing. Commissioner Sarnoff I have a question. Mr. Seijas: Yes, sir. Commissioner Sarnoff How difficult -- Vice Chair Spence -Jones: Commissioner Sarnoff you're recognized. Commissioner Sarnoff -- is it to get the project financing right now? Mr. Seijas: Sir, to be quite frank with you, we should not have any kind of difficulty. We have not encountered any kind of difficulty to have it financed. We have used Eurobank, which is somewhat of a small bank on 1901 Ponce De Leon. We've used them for a 30-unit project, which we have paid off; and they just actually in a position to obviously protect their investors, and they are quite zealous as far as what's happening with costs versus possibility of selling at a different price, so -- Commissioner Sarnoff Can I ask you a -- Mr. Seijas: Yes, sir. Commissioner Sarnoff -- question I always --? And maybe you'll know, and maybe Commissioner Gonzalez would know. Are construction costs coming down? Mr. Seijas: Sir, some items have come down. China has not imported everything that we build as far as cement. Labor is, to some degree, down a little bit because of lack of work; and I would say some items have remained, like steel rods have remained the same. City ofMiami Page 50 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff No reductions at all? Mr. Seijas: No, sir. Commissioner Sarnoff And so I've heard this -- and I just -- I hate to use you as my own source of learning, butt hope you don't mind. Mr. Seijas: No, sir. Commissioner Sarnoff I've heard that labor costs are 15 percent down. I've heard that concrete's about 15 percent down. Are those numbers -- are those correct numbers or --? Mr. Seijas: You have heard very, very accurately -- Commissioner Sarnoff Okay. Mr. Seijas: -- because I was really contemplating something like 10 percent. Labor has really come down about 15, sir. Commissioner Sarnoff Okay. And you're saying steel pretty much has remained constant? Mr. Seijas: That has been our experience, unless there's something happening that, you know, just happened last night or so, which, actually, it won't be the first time that it does. Commissioner Sarnoff Okay. And I apologize. I just wanted -- I just -- you know, on bigger projects you hear people coming in and say the cost of construction's gone up, and you think to yourself how? I mean, how has the cost of construction gone up? And, you know, I -- steel, I can -- I'm not sure I do understand that. Concrete's actually a little bit complicated over -- as a result of a federal ruling which got challenged, and I don't even know the result of that;; butl remember concrete going up, and then I think it's come down. Labor, I think we all understand pretty well, but when -- and I apologize. I'm only using you because we have some big projects that will come in front of us. Commissioner Gonzalez: Also, wood has come down. Commissioner Sarnoff Come down. Commissioner Gonzalez: Sheet rock has come down. You know, blocks have come down a little bit; not a lot, but they have come down, okay. I think that what remains -- one of the items that remains at the same price is the steel. Commissioner Sarnoff Good. Commissioner Gonzalez: There hasn't been any change in the steel so far. It will -- there will be some change, but not yet. Commissioner Sarnoff Well, it's supply and demand. Inevitably, it'll come down, yeah. Vice Chair Spence -Jones: So -- Commissioner Sarnoff I -- what you said -- I apologize -- when people come to us and they say, you know, let's do this now before construction costs go up; and I feel like saying let's wait four months and construction costs will come down. City ofMiami Page 51 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Gonzalez: Will come down. Commissioner Sarnoff Yeah. Vice Chair Spence -Jones: So we had a motion and a second on this item. Commissioner Gonzalez: Yes, I did made [sic] a motion. Vice Chair Spence -Jones: Okay, so all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. The only thing that I just wanted to -- and I know we have June -- June is the date for -- Mr. Seijas: Commencement. Vice Chair Spence -Jones: Right, commencement. My only thought was -- and I said this in my meeting -- I really wanted to make sure that they have enough time. I mean, I can tell you for a fact, you know, June may seem like it's a long, you know, way off, but you know -- and Elaine can tell you; June can come in a minute -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: -- and you might be in the middle of something, and I would just -- and I -- my only question was -- and I hate that the item's already passed, butl wasn't very comfortable with the June deadline. Honestly, I was not. I felt that they needed -- I mean, it's hard to get stuffgoing -- Commissioner Gonzalez: Okay. I'm willing to make -- Vice Chair Spence -Jones: -- and it -- Commissioner Gonzalez: -- a motion to reconsider -- Vice Chair Spence -Jones: Please, can we make a -- Commissioner Gonzalez: -- and -- so you can -- Vice Chair Spence -Jones: -- can we? Commissioner Gonzalez: Well, motion to reconsider. Chair Sanchez: All right. On which item, PH.9? Commissioner Gonzalez: On PH.9. Chair Sanchez: All right. There's a motion to reconsider on PH.9. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second. Discussion? No discussion. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 52 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." So the item has been -- Commissioner Gonzalez: Reconsidered. Chair Sanchez: -- reconsidered. Vice Chair Spence -Jones: Reconsidered. Commissioner Gonzalez: So now you need to -- Vice Chair Spence -Jones: So do I -- Commissioner Gonzalez: -- make another motion. Vice Chair Spence -Jones: Right. I just want to make a motion on the time frame, and I said this to you guys. I mean, it's your disfrict -- Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: -- but I'm just telling you, based upon what I've learned in three years, what may seem like it might be around the corner, and you may be out of the ground -- but I just don't want you to have to come back, and then it looks like you failed. Do you know what I mean? So if you don't mind -- I mean, if you can give me another -- can we extend that time frame just a little bit? George Mensah: George Mensah, director, Community Development. I just wanted for the record also state that, actually, I moved it to June. They had requested March, and I thought that that was too soon -- Vice Chair Spence -Jones: And June is too soon. Mr. Mensah: -- so I move it to June. So -- Commissioner Gonzalez: You want to do it to September. Mr. Mensah: -- in this case, probably we will say maybe December -- Vice Chair Spence -Jones: Yeah. Just -- Mr. Mensah: -- 31, 2009 -- Vice Chair Spence -Jones: -- I mean, you got -- how many --? Yeah. Mr. Mensah: -- and that is enough time for them to be able to do anything. Vice Chair Spence -Jones: I would feel much more comfortable because I want them to be successful. I've seen ABDA's work, and I love the projects that are in my disfrict that they've done; and I know that they're going to complete what they started. And I know this market is really crazy right now, and you might have a buyer today and things may change tomorrow; and I just don't -- I know how difficult it is for nonprofit organizations to do the right thing, you know, without having, you know, the support that's needed; so that's my only question. Chair Sanchez: Okay. Commissioner Gonzalez: All right. I'll second the motion. City ofMiami Page 53 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: There's a motion and a second. Commissioner Sarnoff Will that -- sorry, Mr. Chair -- be within HUD (Department of Housing and Urban Development) guidelines? I mean, we're not -- Mr. Mensah: Yes, yes. Commissioner Sarnoff Okay. Mr. Mensah: Thank you. Chair Sanchez: All right. Commissioner Gonzalez: And let me tell you, while, you know, the Commissioner change the extension of time instead of looking at building two houses, since you're going to have more time Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- and you have the lots, I suggest that -- and I'm going through the director -- Vice Chair Spence -Jones: George? Commissioner Gonzalez: -- I suggest, going through you, that you recommend to them to instead of looking at building two houses, to start working on qualifying two more buyers -- Mr. Mensah: Yeah. I -- Commissioner Gonzalez: -- and be looking at building four houses instead of two -- Mr. Mensah: Yes. Actually -- Commissioner Gonzalez: -- because you're going to have more time. Mr. Mensah: -- they have a commitment that will enable them to build all the houses. If you can indulge me, Commissioner, I will, at this point, say that if we are doing the -- moving the start date, then we should also move the completion date. Commissioner Gonzalez: Okay. Very -- Mr. Seijas: May I offer some information to the Commission that perhaps might assist some other projects, especially those larger projects? What this County is facing, besides all the economy problems and what have you, this one issue. When you need a performance bond, it is getting quite hard to achieve one. Reason -- one of the reasons probably is that it used to be 37, 38 companies that would issue those; there's actually only 8 left in business, and 3 of those 8 are actually expected to go down within the next 60 days, in all truthfulness. I see one Commissioner is obviously aware of this and -- Commissioner Gonzalez: Let me tell you, that's a very, very valid point;; and the matter of the fact is that if you are a large consfruction company with a lot of years of experience, you don't have a problem getting your bond renewed or getting bonded. But if you're a small contractor and you -- you know, especially, if you're a small contractor, actually it's not feasible for you to get one of these bonds in order to build a house because you lose money on the fransaction. City ofMiami Page 54 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff Does HUD require us to have performance bonds? Commissioner Gonzalez: If they have money on the construction, yes. Mr. Mensah: Yes. This will require them to have a performance bond because the amount is for more than -- I believe it's $400, 000. Mr. Seijas: That is correct. Commissioner Sarnoff What's the threshold for HUD's requirements? In other words, what is their criteria [sic]? Mr. Mensah: It's more a City statute. I think it's -- Commissioner Sarnoff No, no. I asked about HUD. We can change City statutes. And I know where Commissioner -- Mr. Mensah: HUD, I believe -- Commissioner Sarnoff -- Gonzalez is going with this. Mr. Mensah: -- is $200, 000. Commissioner Sarnoff So HUD has a requirement that if 200,000 or more of CDBG money goes into it that you must have a performance bond? Mr. Mensah: Yes. Commissioner Sarnoff You sure? You want to --? I hate -- Mr. Mensah: Yeah. Commissioner Sarnoff -- to put somebody on the spot like that. Mr. Mensah: I know you are, but I'm conferring with my staff to see if that's indeed the case, but we can find out and let you know at a later -- Commissioner Sarnoff No. I think I know where Commissioner Gonzalez is going on this, and that is there may be circumstances on smaller projects; but unfortunately, we're going to have a HUD criteria that's -- Mr. Mensah: Which -- Commissioner Sarnoff -- going to hem us in. Mr. Mensah: -- what we -- Commissioner Gonzalez: Yeah. Mr. Mensah: Commissioner, what we can do in this case is that -- we've done in the past is that we can break up -- this is four homes; we can break them up into single homes. In that case, they would be below the amounts. Commissioner Sarnoff And then, Commissioner, we have got to, as a Commission, assess the City ofMiami Page 55 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 risk of having a contractor not perform -- and of course, publicly exposing us as being derelict in our duties, and I mean that euphemistically. I mean, we just expose ourselves to then saying why did we require a performance bond; and you're saying, well, Commissioner, I'm not going to spend 37 or $40, 000 on a 2 or $300, 000 project -- 200, 000, let's say, would be below it -- to ensure that a contractor's going to do this, when I can put 25 of those thousand dollars into making it a better project. Commissioner Gonzalez: Yeah. Commissioner Sarnoff And as long as we (UNINTELLIGIBLE) the old expression "doing it eyes wide open" and we know of our exposure -- Commissioner Gonzalez: No. I -- and it's going to be even less, but in this -- for example, in this is specific case, I don't have off the top of my mind how much the square foot of construction is right now; but the typical low-income project, you can figure that -- how many square foot? Mr. Seijas: Sir, we're talking each unit -- each twin home is 1,620; it's two-story. Commissioner Gonzalez: All right. I might suggest that the construction price should be around 130, 135. Commissioner Sarnoff You do them that cheap? Commissioner Gonzalez: One thirty, one thirty-five. Commissioner Sarnoff Wow. Okay. Commissioner Gonzalez: It shouldn't be much more than that, right? Commissioner Sarnoff I'm just curious why we buy -- we build fire -- Commissioner Gonzalez: Have you gotten any --? Mr. Seijas: No. We're going to do it cheaper than that. We have to. Commissioner Gonzalez: You're going to do it cheaper than that? Mr. Seijas: Yes, sir. We have to do it way cheaper than that. Commissioner Sarnoff So I just bring this thought in your mind -- keep it over here -- why is it that we build firehouses for $400 a square foot? Commissioner Gonzalez: I don't know. Commissioner Sarnoff I -- then we could build two affordable housing units, have money left over; and then -- Commissioner Gonzalez: Yeah. Commissioner Sarnoff -- right. Oh, I'm -- Vice Chair Spence -Jones: All right. We had a motion. Commissioner Gonzalez: So it doesn't make sense to pay $40, 000 -- City ofMiami Page 56 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff Yeah, you're right. Commissioner Gonzalez: -- for a performance bond to built a $130, 000 home. Mr. Seijas: May I approach? One question, if we have a contract for each particular duplex that's going to -- we're going to get assistance from the City ofMiami for $46, 000? Mr. Mensah: Yes. Mr. Seijas: Yes. If we were to back out on that $46,000 and I was to talk to Eurobank because they do trust the ability of me being able to finishing the units -- I've never quit on them, and I'm sure I could kind of talk to them into -- will I be allowed not to have a performance bond if the City doesn't lend me any money? Mr. Mensah: If it's not -- if we're not providing construction funding, then there's no performance bonds required. Then all the amounts will go directly to Home Buyer assistance. Mr. Seijas: May I respectfully suggest for me to go to my bank then, and perhaps you give me those $46, 000 at the end -- as an end loan to assist the low-income housing move -in? Vice Chair Spence -Jones: I'm going to suggest that you sit down with the Department. Commissioner Gonzalez: I don't think that's -- Vice Chair Spence -Jones: Yeah. I think you should sit down -- that's -- Commissioner Gonzalez: -- competent to the Commission. Vice Chair Spence -Jones: Right. That's not a Commission item, so -- Mr. Seijas: Okay. Thank you. I'm sorry. Vice Chair Spence -Jones: -- I think you should sit down and -- Mr. Seijas: I wasn't aware of that. Vice Chair Spence -Jones: -- have that discussion. Mr. Mensah: Yeah. Commissioner Sarnoff Commissioner Gonzalez may want to direct the City Attorney to consider the ordinance that requires us to have performance bonds and maybe bring this before the Commission in, I don't know, 60 days, 50 -- whatever they need time to do it; because if you're going to move forward in this way, we need to change our own City ordinance. Commissioner Gonzalez: All right. I'll second that motion. Denise Wallace (Assistant City Attorney): We will take that into consideration and get back to you. What time would you like for us to report something back to you, sir, Commissioner Gonzalez? Commissioner Gonzalez: Thirty day, sixty days? Ms. Wallace: Sixty days? City ofMiami Page 57 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Vice Chair Spence -Jones: Sixty days. Commissioner Gonzalez: Sixty days. Ms. Wallace: Well do so, sir. Chair Sanchez: All right. Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: All right. So we had a motion. We had a second. Do we -- all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this particular item passes. Ms. Burns: Excuse me, Madam Vice Chair. Commissioner Gonzalez: Then we had another motion and another second. Ms. Burns: Could we have clarity as to who was the maker of that motion? And, also, did you wish to reopen the public hearing since it followed a reconsideration? Commissioner Gonzalez: Yeah. Chair Sanchez: I'll take it back. Vice Chair Spence -Jones: Okay. Chair Sanchez: Yes, we will reopen the public hearing. And for clarification, the maker of the motion was Commissioner Gonzalez -- Commissioner Gonzalez: Commissioner Spence -Jones. I made the first motion. The motion was called for -- Vice Chair Spence -Jones: Reconsideration. Commissioner Gonzalez: -- reconsideration. A second motion was made by Commissioner Spence -Jones; I second that motion, and we voted unanimously. Chair Sanchez: For the record. Commissioner Gonzalez: For the record. Chair Sanchez: Maker of the motion is Vice Chair Spence -Jones, second by Commissioner Gonzalez. Commissioner Gonzalez: Then there was another motion made by Commissioner Sarnoff, second by myself in order to instruct the City Attorney to look at the possibility of avoiding the condition of -- Commissioner Sarnoff Performance bonds. Commissioner Gonzalez: -- a performance bond on projects less than $200, 000. City ofMiami Page 58 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: All right. And we voted on that. Ms. Burns: No, we did not. Chair Sanchez: Okay. Then we will vote on that. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries; however, because of the motion to reconsider, I would feel safer if we open up for public hearing, although we voted on the item. Commissioner Gonzalez: Yeah. Chair Sanchez: So the public hearing is open. Anyone who wants to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed; so therefore, the public hearing is closed. All right. We're moving on. END OF PUBLIC HEARINGS City ofMiami Page 59 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 RE.1 08-01496 Liberty City Community Revitalization Trust RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE SALARY OF THE PRESIDENT/CHIEF EXECUTIVE OFFICER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST IN THE ANNUAL AMOUNT OF $93,712, RETROACTIVE FROM FISCAL YEAR 2007 TO JULY 6, 2008, AS APPROVED BY THE LIBERTY CITY TRUST BOARD AS STATED HEREIN. 08-01496 Legislation.pdf 08-01496 Summary Form.pdf 08-01496 Pre Legislation 1.pdf 08-01496 Pre Legislation 2.pdf 08-01496 Pre Legislation 3.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 Regalado, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0029 Chair Sanchez: We have -- Victor Seijas: Thank you. Chair Sanchez: -- an event at 12:30 that we need to attend. Vice Chair Spence -Jones: And I need to leave early. Chair Sanchez: And we have -- at the request of the Vice Chair, which will not be coming back, we do have two items that she's requesting a point of privilege to take out of order, which we will do. Vice Chair Spence -Jones: One is really not out of order. One is the next one up -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- which is Liberty City Trust. The only one would be the Sherdavia Jenkins Peace Park -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- in Liberty City. Chair Sanchez: RE.1. Let's take up RE.1. That's a resolution approving the salary for the president of Liberty City Trust. Elaine Black: Good afternoon, Commissioner. My name is Elaine Black, president/CEO (Chief Executive Officer) of the Liberty City Trust. Unfortunately, our chairperson, Mr. Chiverton, could not be here today because he had a dental appointment. We're requesting -- our board approved a raise, a five percent raise, in 207 [sic], and a five percent raise in 208 [sic]. We went through all of the review processes by our board as well as our staff and our -- the salary for that period would be 93,000 total. City ofMiami Page 60 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion. Commissioner Gonzalez: Second. Chair Sanchez: Is there a second? Commissioner Gonzalez: I'll second. Chair Sanchez: The motion is made by Vice Chair Spence -Jones, second by Commissioner Gonzalez. The item is under discussion; Commissioner Regalado, followed by Commissioner Sarnoff. Commissioner Regalado: Thank you, Mr. Chairman. I think that we all seen the work that you have done in the Trust, and the Trust is moving forward;; and we are so grateful to all the members and to you, but we need to -- and, Mr. Manager, this is for you -- think what is going on outside these doors. We need to adjust to the times in the United States. I don't know if we can do something about now or later, butt will tell you that the Labor Department numbers of unemployed people in the United States, the Commerce Department numbers of empty places in shopping centers, the economic downturn is going to be something that we're going to have to deal not only in this month of January but throughout 2009, and nobody knows what else; and we need to start asking the people that are driving the City to do what they did back in 1996. I was here when the City went almost bankrupt and everybody pitched in. So I just want to mention that we need to let agencies, director, department directors, that we need to, at least the minimum, have a freeze in raises. You know, contractual unions and all that we have to deal with. Because Mr. Manager, I am sure that you know, and you have a very able person in Tallahassee -- I've seen his work, Mr. Menendez -- I am sure that you know that there is a bill going through committees with a cap of 1.35 to property taxes in Tallahassee, and that there is a local movement that have extended throughout the state of Florida to place in the election in 2010 a constitutional amendment with a 1.35 cap for property taxes. Some people say it might not pass the Legislature, but it's going through committees; and some people say that it may not pass the voters because it has to has [sic] 60 percent, but that's what they used to say about the other property taxes reduction. I think that we need to sit down and take a breath and, you know, think about this budget and that budget. I am -- this is not one person, this is not one agency; this is about all, and I think we have another one here in the agenda. But it is important because, you know, you're going to be sitting there in September saying, Commissioners, times are difficult;; so we need to understand what is going on. Thank you. Commissioner Sarnoff Let me echo the comments of Commissioner Regalado. It's not very hard to figure out that our ad valorem tax revenue will simply be decreasing in this year and the following year, and it's not hard to figure out that we've had to cut our budget and will continue to have to cut our budget; and if we don't start considering a freeze certainly at the nonunion level, then we're actually part of the problem and not part of the solution. It's not very hard to think and realize that many -- we have been living on the virtues of many of these condominiums that we believed at one time were going to be valued upwards of 700,000 to $1 million. Those condos, as you know, if you just read the newspaper, Marina Blue. Marina Blue -- and I say this to you, Commissioner Gonzalez, because you understand construction costs better than anyone - - just sold 50 units for $127 dollars a square foot. Now to build Marina Blue, it has been estimated it is over $285 a square foot. We have looming in front of us, I believe, a decrease in ad valorem revenues of approaching 25 to 30 percent in the next two fiscal years. I just -- I'm not -- I believe New York City has talked about this, Philadelphia has talked about this. They've City ofMiami Page 61 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 asked for bailouts. Both cities have asked the federal government for bailouts. I have no intentions of asking the federal government for a bailout for the City ofMiami. But if we don't start getting ourselves in a fiscal situation on what we can and then negotiating for what we must, we're passing along -- in the words of Thomas Jefferson -- problems to the future Commission, and maybe that's okay and maybe that's politically a wise move, but it's really not what we're here to do. I mean, the Liberty City Trust, ifI recall, took a reduction last year in the revenues that we provided from the City. If we continue to give the head person, you know, Elaine Black, a retroactive raise followed by another raise, that's 10 percent; and what message does that send to the taxpayers? What message does it send to anyone out there in the community? That we're just not being fiscally responsible. So I think we have to really start thinking about what does the future hold for us? We just elected an appraiser. I suspect that appraiser is going to want to keep his job, so he's going to do something to start lowering ad valorem revenues. There is a record pace of people appearing before the appraisers' appellate review. They're backed up for five months. If you were to ask for -- to have your taxes reviewed and your appraised value, it would take you five months to get in front of him. I don't -- I just don't think we're looking beyond our noses. Thank you. Pedro G. Hernandez (City Manager): IfI may, Commissioner Regalado and Sarnoff, you made excellent points, and we'll be looking for your support as we do an early start on budget preparations for the next 2010 fiscal year. Obviously, you're on target that the revenues to the City will be decreasing while expenses will or tend to increase, and we have to find strategies and other revenue sources to be able to balance our budget. It's not easy, and we are starting way early to be able to properly assess it and be prudent in our recommendations to you. One concern that also goes beyond the nonunion employees that, in essence, we have to be able to deal with the unions also because our union force composes 80 to 90 percent of our workforce; so you can't really be effective in realizing savings by just dealing with the remainder. I think that overall we have to look at the totality of our workforce. Commissioner Sarnoff But equally understand as the taxpayers feel the pain -- and I think you're in the very beginning of the recession. I think you're looking at a bubble that's going to go -- it's going to accelerate and actually get worse and the only -- I think the only hope we have is the WPA, the Work Product Administration that Obama is considering, but that impact won't be felt nine, ten, fifteen months before money starts flowing into the economy. I really stress to you that there's a certain -- I think Commissioner Regalado calls it government mistrust or a disconnect. Commissioner Regalado: Fatigue. Commissioner Sarnoff Fatigue. Commissioner Regalado: Government fatigue. Commissioner Sarnoff A government fatigue or a disconnect between the taxpayers and their governments, not just us; Dade County School Board, State. You have folks sitting outside the School Board on a hunger strike. I just think you're seeing the very beginnings of something I think you and I have talked about for about a year now, the taxpayer revolt; and I just don't think when you say we've got to create and think about new revenue streams, I actually think the taxpayers expect us to tighten our belts. I actually think the taxpayers expect us to start managing our affairs on a more coherent basis. I actually think they expect us to frim as much fat as we can, and you may say the fat's trimmed. I don't think they think it is, you know. And I just would leave this one last thought in your mind. While it's nice to look at other revenue streams, you may need to think about reducing the revenues that you take in and finding ways of what do they say, doing less with more. I mean, it -- generations before mine certainly forged the way and learned how to do more with less. I'm from a generation that has never seen anything like this before. You know, maybe we look to -- and I mean this with absolute respect to City ofMiami Page 62 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 the guys that have a little more silver hair than me, Commissioner Gonzalez and Commissioner Regalado, who were part of an earlier generation that learned to do more with less. My generation has never experienced this, so it's -- we really look to your stewardship. Mr. Hernandez: Thank you. Commissioner Regalado: I just want to say something as a piece of information for all my colleagues and to you, Mr. Manager. I was very, very much engaged in the election process of the property appraiser. I went with Mr. Pedro Garcia everywhere, and we establish a relationship. I will tell you that you won't be able to do an early forecast for the budget next month or even March because in March he is going to have all the people doing the new appraisals of all the properties in Miami -Dade County; and you will know by May or June that the market value, it's totally, totally different as the appraise [sic] that we have at this moment, and there will be an outcry in the County, I'm sure, and in the City, and every city throughout the world because we get the main revenues from property taxes; butt will tell you that this new elected property appraisal [sic] -- come February and March, we will know in April that the appraised value of the properties in Miami -Dade County are going to be very different for -- and the government will have only two options, get less money or increase the millage; and that will be up to the local governments and the regional government. But I can tell you that I know that these appraisals are going to take place in February and March of this year, and they will be different to what they have now as value. Thank you. Chair Sanchez: Vice Chair, and then we'll vote on the 5 percent increase, which is the item which is in front of us today. Vice Chair Spence -Jones: Yes. First of all, I want to thank all the Commissioners for their input on this issue. The one thing that I do want to state just from the very beginning, this is already in the budget. It's not like this increase was not already a part of the overall existing budget that we have from a City's perspective, so you know, this is not new monies that we're looking for. The other thing is -- that I want to say that this increase is also -- it simply reflects the good work of our CEO, Ms. Elaine Black, and what she has been doing in the Liberty City community. And ifI -- if we all recall, we -- you know, when people do good work, we need to make sure that we acknowledge them for their good work. We just did the same thing -- and I love Tim. Tim does an awesome job with Bayfront Trust; we didn't have an issue at all with giving him his necessary increase, and guess what? If had to vote for it again, I would vote again because I know that Tim Schmand does an outstanding job; and we supported him on his increase. Finally, we see the Trust is moving in the right direction. It's actually building houses and improving neighborhoods. Just alone last year we had more than 15 houses built in the Liberty City area, and we know -- and you guys were here before I was. When the Trust got started many years ago, three years went by and not even one or two houses were built. So now we're talking about last year with, you know, a director that has done an outstanding job, and the only right thing to do is to give her increases now. I want to also add, you know -- because I don't want to compare the two between Bayfront Trust and the Liberty City Trust because I do understand that there is a difference between both; but the reality is, you know, Elaine's job and what she does every single day goes beyond building houses. It's really about creating a new sense of hope in Liberty City. We already know Liberty City has been plagued with so many issues over the many, many years since the riots, and her job has gone beyond just buildings houses; it's about creating neighborhoods that work for the community. She manages over 50,000 residents in that area and making sure that they at least stay included in what's happening in the City. And one of her biggest issues and challenges that she had when she came on board was dealing with this whole Shantytown issue, and she did an outstanding job with managing not only the expectations of the residents in the area, but also making sure that the individuals that were living on that lot were at least transitioned into better housing. So, you know, I don't want to sit here and, you know, defend why I feel like Elaine Black deserves a five percent raise compared to a Tim Schmand; that's not what this is all about, but I'm asking for us to do the right thing. We do know that the City ofMiami Page 63 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Trust has turned Liberty City around. All these vacant lots thatl used to have in Liberty City, you know, slowly but surely they're disappearing; and eventually -- you know, the Trust is not -- it's only an organization that's going to be there for a short while anyway, so -- until they redevelop the area. So I'm just asking that we continue to move in the right direction. She did not get her five percent raise last year. She took a budget cut for regarding the Trust and now has to do more work with even less money, and I'm just asking for your support on it. I don't even know why we're going back and forth on why she deserves a five percent raise; it's incredible to me, but -- and I do understand that we are in the midst of these kind of times, but this was not the consideration the last time that we were in front of -- that this -- an item came in front of us regarding another director that does a great job, but quite frankly, to me -- in my district, what's more important to me is building houses and making sure people have jobs, so you know, I'm just not really understanding the rationale this morning around why she does not deserve her five percent raise. So Mr. Chairman, I gave a -- I motioned the item. Chair Sanchez: We have a motion and a second. We're still discussing the item. Just to add on to this, this has been budgeted in your budget; it was approved by your board, okay. I just want to echo on the Vice Chair. Ms. Black: Yes. It was -- it's in our budget, and it was definitely approved by our board; and you were at one of the board meetings for the approval. Chair Sanchez: Yes, I was. Let me tell you. Let me just put on the record. Look, the Liberty Trust has made a 365-degree turn. Today it is more efficient. It has done much more than I could say since its original days of creation, and based on the arguments that have been made, I am willing to support the 5 percent; and we'll talk about the issues that have been brought up that are very valid. And I think that after this vote, we should put on -- a directive to the City Manager, if the economy is bad -- and we expect it to be bad with a 20-percent reduction of ad valorem tax, and we're going to be facing with a crisis, maybe we should have legislation directing the City Manager to freeze salary increases next year and start from there. We need to start this process, and that process starts usually in the budget process; but we should start even earlier because we know we're going to be faced with some tough times, but we'll address that issue. The issue that in front of us today is this five -percent raise that we're going to be voting on, and I think the argument has been put forth; now it's time to vote. There's been a motion and a second. It doesn't re -- public hearing. No public hearing? Commissioner Regalado, do you want to add before we vote? Commissioner Regalado: Yes. This conversation is not about you. This conversation is not about the Trust. We salute you, and we thank you for the work. This conversation is not about the merits of your increase; it is very important, and this conversation is not even about the Trust or -- this conversation -- and I'm telling you, I will, because of the process, support this; but this conversation is about a reality check. If we want to live in Disney World, we could until things go bad, as they did in 1996; and I was here, and it was my first Commission meeting when the bombshell was dropped, and the Governor took over the City ofMiami. I am telling you that it is important to understand what is going on outside the world, and I just -- I hope that by starting this conversation, which was not a debate or controversy. It was not about what the Liberty City Trust approved. It was not about what they owe you or your work. I mean, I don't think that you took it that way because it would be wrong. It is about what we need to start doing because if we keep up this situation, come October and budget hearings, we just need to go out and then fire some people that think that we never ever wanted to do, so I just want to be clear, Madam Vice Chair, that this conversation is not about the Trust, or her, or that because I will support this. I just think that it's important that this goes on the air because sometimes bad news need to be said, and there are bad news in the horizon. So thank you. Vice Chair Spence -Jones: And just in closing because I know we need to vote on this item. We're like going to be five minutes, I mean, late getting to this thing. But do want to -- I thank City ofMiami Page 64 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 you for clearing it up, Commissioner Regalado. I -- you know -- and I didn't want to take it personal, but -- and I'm sure Elaine didn't take it personal. You know, the reality is, you know, it's amazing how these items come up when it's items, you know -- we have these kind of lengthy discussions around items, you know, that I just felt like the timing was a little -- so regardless of where we are now, the most important thing is that we need to take a vote and -- Chair Sanchez: All right. There's a motion and a second. The public hearing was opened and closed. All right. Well, it didn't require a public hearing, but anyway. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. RE.2 08-01521 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE Program PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH PROFESSIONAL ENGINEERING AND INSPECTION COMPANY, INC., D/B/A BUREAU VERITAS NORTH AMERICA, INC., FOR ADDITIONAL WORK NECESSARY FOR MISCELLANEOUS ENVIRONMENTAL SERVICES RELATED TO THE ORANGE BOWL STADIUM SITE PROJECT, B-30153, IN THE AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), THEREBY INCREASING THE PSA FROM THE PREVIOUS AMOUNT OF NOT TO EXCEED SEVEN HUNDRED THOUSAND DOLLARS ($700,000), TO A TOTAL AMOUNT NOT TO EXCEED EIGHT HUNDRED THOUSAND DOLLARS ($800,000); ALLOCATING FUNDS, AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS. 08-01521 Legislation.pdf 08-01521 Exhibit.pdf 08-01521 Summary Form.pdf 08-01521 Amendment NO.2.pdf 08-01521 Text File Report.pdf 08-01521 Amendment NO. 1.pdf 08-01521 Agreement.pdf 08-01521 RFQ.pdf 08-01521 Coporation Papers.pdf 08-01521 2006 Corporation.pdf 08-01521 Division of Corporations.pdf 08-01521 2008 For Profit Corporation Annual Repor.pdf 08-01521 Payment of Annual Report.pdf 08-01521 2007Annual Report.pdf 08-01521 2007 Annual Report 2.pdf 08-01521 Electronic filing.pdf Votes: Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0023 City ofMiami Page 65 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 We'll continue with the items that were left for the afternoon. Hopefully, we won't have any more fireworks and we could get through this agenda. Let's go ahead and take up the remaining items that are on, and we'll go ahead and start with RE.2. RE.2 is a resolution being brought to us by the Department of Capital Improvements Program. Sir, you're recognized for the record. Ola O. Aluko: Ola Aluko, director of Capital Improvements Department, City ofMiami. This resolution is to authorize the City Manager to execute amendment number two to the miscellaneous environmental engineering professional services agreement with the professional engineering services of PEICO (Professional Engineering and Inspection Company), doing business as Bureau Veritas North America, increasing their agreement by $100, 000 from 700,000 to an amount not to exceed $800, 000. This work is to complete the environmental studies for the Orange Bowl work. Chair Sanchez: And the Administration argues that it makes sense to keep the same company on the job and to simply authorize them to proceed to do environmental studies and -- with the additional thousand [sic] dollars, correct? Mr. Aluko: That is correct. Bill Anido (Assistant City Manager): That's right, yes. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Chair Sanchez: For the record, the motion has been proffered by Commissioner Gonzalez -- Commissioner Regalado: Question. Chair Sanchez: -- seconded by Commissioner Regalado. Discussion on the item. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. We have not signed any agreements yet, just a general, you know, letter of understanding, right? Mr. Anido: That's right. This is in connection with the cleanup -- Commissioner Regalado: I understand that. Mr. Anido: -- of the City land. Commissioner Regalado: And this cleanup is for the land that will be deeded to the County, right? Mr. Aluko: That is correct. Commissioner Regalado: Okay. So we -- can we try to get reimbursed? Mr. Aluko: Let me clarify the agreement you were speaking of. Are you saying an agreement between the City and this contractor or the City and the County? City ofMiami Page 66 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Regalado: No, no. The City -- the letter of understanding has several agreements that have not been approved neither by the County or by -- one of those agreements is deeding the land to the County so they can, in turn, lease it to the Marlins, right? Mr. Aluko: That is correct. Commissioner Regalado: But what I'm saying is that if no agreements have been signed or approved, we can fry to get reimbursed for this work which is in the land that will be used by the County. Mr. Anido: Commissioner, the land in question, the -- envisioned in this -- by this confract is land that will remain City land. It's outside the footprint of the stadium itself so this will remain as -- Commissioner Regalado: I know. Mr. Anido: -- City -owned property. Commissioner Regalado: But we have done also a remediation on the land that will be -- Mr. Anido: We have done the investigations. Commissioner Regalado: Exactly. Mr. Anido: The final remediation will be -- Commissioner Regalado: Which is -- Mr. Anido: -- handled by the -- Commissioner Regalado: -- the same contract. Mr. Anido: Through the same contract, yes. Commissioner Regalado: And that's what I'm saying. Mr. Anido: Right. Mr. Aluko: I believe I understand what you're saying, Mr. Commissioner. What we can do is we will speak with the parties negotiating the confract and bring this forth to them. If an agreement hasn't been signed, if there's still an opportunity to be remediated -- to be reimbursed, rather, for work that may have been done on the land that will be given to the County -- Commissioner Regalado: Right. Mr. Aluko: -- that could be an opportunity. And if there's such an opportunity, we'll have that party bring it back to the Commissioner -- to the Commission for their information. Commissioner Regalado: Okay. Thank you. Chair Sanchez: But as the resolution is written and presented, there is no reimbursement. Mr. Aluko: In this particular plan -- Mr. Anido: In this particular -- City ofMiami Page 67 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Mr. Aluko: -- no, there is not. Chair Sanchez: Okay. Mr. Aluko: This will be on City land. Chair Sanchez: All right. Any further discussion on RE.2? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.3 08-01522 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Manny Diaz ATTACHMENT(S), AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO ENTER INTO A JOINT PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A CAPITAL IMPROVEMENT PROJECT ENTITLED "BAYFRONT PARK BAYWALK IMPROVEMENTS," AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONTRIBUTION OF FUNDS BY THE TRUST IN THE AMOUNT NOT TO EXCEED $1,600,000, FOR SAID PROJECT. 08-01522 Legislation.pdf 08-1522 Exhibit-SUB.pdf 08-01522 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, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0024 Chair Sanchez: Okay. We move on to RE.3. Ola O. Aluko (Director, Capital Improvements Program): RE.3 is a resolution authorizing the City Manager and the executive director of the Bayfront Park Management Trust to enter into a JPA, joint project agreement. The Trust wishes to fund the Bayfront Park bay walk improvements. The -- from the shopping plaza, approximately Northeast 3rd Street. The City will be responsible for the management and administration of the project, and the Trust will provide funding in the amount not to exceed $1.6 million. Commissioner Gonzalez: Move it. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. On the item, any discussion? It's a resolution not requiring a public hearing. Any further discussion on this? Commissioner Sarnoff, you're recognized. Commissioner Sarnoff Yeah. Mr. Manager, I would ask you, on behalf of the Bayfront Trust -- City ofMiami Page 68 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 I know that you came -- that David Mendez came to our board and brought before it a contract which called for 15 percent. I would ask you, on behalf of the Trust -- there was a healthy discussion brought about this -- that you cap the fees to the Trust of not more than 12 percent. Pedro G. Hernandez (City Manager): Commissioner, as, you know, previously discussed, the number, I think, that David Mendez gave initially was a preliminary estimate. Now that we know more about the project we can fine-tune the fees that we're going to be using and we'll try to be at 12 percent or below. Commissioner Sarnoff Can I get the commitment that can tell the Trust that we'll be at 12 or below? Mr. Hernandez: Yes, sir. Unidentified Speaker: Yes. Mr. Hernandez: You can. Commissioner Sarnoff Can I -- can the maker of the motion accept that amendment? Commissioner Gonzalez: I'll accept the amendment. Commissioner Sarnoff Does the seconder accept? Commissioner Regalado: Yes. Chair Sanchez: Which is to cap it at 12 percent? Commissioner Sarnoff No more than. Chair Sanchez: No more than 12 percent. Mr. Hernandez: Right. Those will be the services that CIP (Capital Improvements Program) will provide in managing the project from design, inspection, administration, et cetera. Chair Sanchez: All right. Let's -- this is -- this item is to improve the bay walk along -- not only at Bayfront Park. It really starts -- the entire bay walk, behind the Intercontinental, reaching out north as it goes. There's other components to this. The Knight Foundation also is giving funds for the sculptures that will be put out there. Is that part of this -- is this -- has -- it's got something to do with it, right? We do the repairs. Andl understand, after reviewing all the documents, that the Trust provides $1.6 million and they're given to the Capital Improvement budget -- to the City for the City to do the job. Mr. Aluko: That is correct. Chair Sanchez: Okay. But does this also complements the art sculptures that will be put along the bay walk? Mr. Aluko: We will ask the Bayfront Trust director to come forth. Chair Sanchez: Tim, if you -- Mr. Aluko: It's a separate project. Chair Sanchez: -- could elaborate a little bit. City ofMiami Page 69 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Tim Schmand: Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami, Florida. The application to the Knight Foundation for the sculpture walk along the bay was not funded in this go -round; perhaps in future go -rounds it may be funded. The Trust has had as a goal for the last five years a softening of both edges of the park, the water side and the Biscayne Boulevard side, and this is the first step towards realizing that softening. Chair Sanchez: Okay, so it was not funded by -- okay. All right, any further discussion? If not - Commissioner Sarnoff I just would put on the record -- I know that we're going to be aggressive about looking at Florida grade, very large frees, and we're not probably going to be looking for the lowest bidder, Mr. Manager. Mr. Hernandez: Commissioner, as we have discussed, my goal and that of the, I would say, Public Works and Robert Ruano, et cetera, is to have the largest specimens that can fit in the space of Florida grade one, I think is the designation, and that's the largest we can get 'em. Commissioner Sarnoff Okay. I just -- this is something that you're not necessarily looking for the lowest bidder. Mr. Hernandez: We're looking for quality and size -- Commissioner Sarnoff Correct. Mr. Hernandez: -- and the most impact and frees that can make a difference as early as possible. And we don't have to wait years for it to -- Commissioner Sarnoff Right. If somebody just had a baby -- Mr. Hernandez: -- develop canopy. Commissioner Sarnoff -- two weeks ago, we'd like to know that in three years they'll be walking under shade. Mr. Hernandez: Understood. Chair Sanchez: All right. Any further discussion? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition has the same right, say "nay" It passes, and it's been amended. No, this one has not been amended. I apologize. It was the previous one. RE.4 08-01398 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING THE INTERIM COLLECTIVE BARGAINING AGREEMENT, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE MIAMI FRATERNAL ORDER OF POLICE (FOP), LODGE 20, SPECIFICALLY FOR THE CLASSIFICATION OF DETENTION OFFICERS, FROM RATIFICATION DATE THROUGH SEPTEMBER 30, 2010. City ofMiami Page 70 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 08-01398 Legislation.pdf 08-01398 Summary Form.pdf 08-01398 Exhibit V2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0025 Chair Sanchez: RE.4, it's a resolution. Hector Mirabile: Good afternoon, Commissioners. Dr. Hector Mirabile, director of Employee Relations. It's a resolution of the Miami City Commission, with attachments, ratifying the interim collective bargaining agreement between the City ofMiami and the employee organization known as the Miami Fraternal Order of Police, also known as FOP, Lodge 20, specifically for the classification of detention officers for a ratification date, which will be today through September 30, 2010. Commissioner Sarnoff So moved. Chair Sanchez: All right. Commissioner Gonzalez: Second. How many detention officers are we talking about? Chair Sanchez: Ten. Mr. Mirabile: Ten. Commissioner Regalado: Ten? That's good. Chair Sanchez: Okay. There's a motion for the record, proffered by Commissioner Sarnoff, second by Commissioner Gonzalez. Any further discussion on RE.4, which is a resolution? It does not require a public hearing. Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RE.5 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 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 City ofMiami Page 71 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 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 SUB.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 Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0026 Direction by Chair Sanchez to the Administration to provide a report to the City Commission on future projects with similar criteria and the opportunity to create additional revenue for the City. Chair Sanchez: We go -- Hector Mirabile (Director, Employee Relations): Thank you. Chair Sanchez: -- to RE.5. Stepanie Grindell: Stephanie Grindell, director of Public Works. RE.5 is a resolution authorizing a nine -level pedestrian overpass over and across the 15 foot public alley located 160 feet south of Bird Road between Southwest 38th Court and Southwest 38th Avenue. Commissioner Sarnoff So moved. Ms. Grindell: And I -- Chair Sanchez: All right. Ms. Grindell: -- believe the applicant is here. Egremil Chardly: Hi. Chair Sanchez: How are you, sir? Mr. Chardly: Good. Chair Sanchez: State your name and address. Mr. Chardly: Egremil Chardly, 3850 Bird Road, Miami, Florida 33146, on behalf of the developer -- or the owner. Actually, the way this resolution reads is that -- requesting permission for the construction of the bridges, but the bridges have been built for about a year and a half, I think. They did it -- to be perfectly candid, they built the bridges as per the plans and everything that was approved, and then it came to our attention that they were encroaching. City ofMiami Page 72 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 And the idea we came up with in order to give something back to the City in order to allow for these overpasses was paving the alleyway underneath the bridges with pavers as well as maintaining the landscaping for not only directly underneath the bridges but on the sidewalk, which Stephanie suggested that we do. And, Stephanie, you've been excellent to work with; thank you. But that's what we're proffering for the bridges. Ms. Grindell: IfI may, I would recommend that the entire alleyway should be repaved, not just - Mr. Chardly: That's what we're doing. Ms. Grindell: The entire alleyway, and -- Mr. Chardly: Yeah. That's what we're doing. Ms. Grindell: -- the pavers will be just under the bridge. Mr. Chardly: No, no. I apologize if that's -- no, it's from the sidewalk all the way back through the alley. And actually, I've got -- Ms. Grindell: For the entire block. Mr. Chardly: Yes, ma'am. Ms. Grindell: Okay. Chair Sanchez: This -- I apologize. Mr. Chardly: Excuse me. Just to be clear, 'cause I -- just to make sure we're on the same page - - and I hope you don't mind -- I've got one of the GCs (General Contractors). I want to make sure I'm not misspeaking. It's my understanding that where the sidewalk starts all the way through the block to the back alley is completely paved;; is that correct, Art? Unidentified Speaker: That was proposed, yeah. Mr. Chardly: Yeah. That's what we have pending. That's what we've proffered for the City. Chair Sanchez: All right. Well, your project, which brought discussion to this Commission as to the purchasing of air rights, basically, your project was a connector from one building to another that went nine levels. However, based on the agreements that have been made in the past where you have proffered to make improvements to the roadway and possibly beautify and enhance the area, this Commission has also directed the Administration to come back with future projects that have the same matters or follow the same criteria as to us, this City, looking out for the public's interest and making sure that we're able to look for ways to create revenues as other developers do when they buy other air rights. Instead of having developers proffered to beautify or enhance the alleyways or the area beneath, I think that if we come up -- which I know you're working on a formula similar to other cities -- it will bring revenue so needed to the City. So just wanted to say that your project brought -- put forth ideas to create revenues for the City, but basically, what you have proffered, I'm prepared to accept today. All right. So any further discussion on the item? If not, there's been a motion and a second. I think it's been -- there isn't a motion and a second? Commissioner Gonzalez: I'll second the motion. Chair Sanchez: I believe that Commissioner -- City ofMiami Page 73 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Gonzalez: There wasn't a second. There was -- Chair Sanchez: -- Sarnoff -- Commissioner Gonzalez: -- a motion. Chair Sanchez: -- made the motion, correct? Pamela E. Burns (Assistant City Clerk): We have a motion, but we did not have a second. Commissioner Gonzalez: I second the motion. Chair Sanchez: Okay, so -- but for the record, Commissioner Sarnoff made the motion and we did not get a second. We do have a second now from Commissioner Gonzalez. Okay, the only amendment is that he's going to pave the alleyway, correct? Ms. Grindell: The improvements will be for the entire block of the alley. Chair Sanchez: For the entire block, the alleyway. Okay, and -- Mr. Chardly: That's correct. And we'll execute a covenant to run with the land to that effect. Chair Sanchez: All right. It is -- Ms. Grindell: And one more thing to mention, I don't know if you're aware of this, that that bridge area cannot be occupied. Mr. Chardly: People cross it, but -- Ms. Grindell: They can cross it, but there's no occupation -- Mr. Chardly: Yeah -- no -- Ms. Grindell: -- on it. Okay. Mr. Chardly: Yes. Thank you. Chair Sanchez: Okay. No further discussion on the item. It's a resolution not requiring a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, that was RE -- Unidentified Speaker: 5. Ms. Grindell: 5. Chair Sanchez: -- 5. Mr. Chardly: Thank you. And thanks again, Stephanie. Chair Sanchez: We move on to RE.6. Thank you so much, sir. City ofMiami Page 74 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Ms. Burns: Mr. Chair, would that be as modified or --? Chair Sanchez: As modified as to making sure that he does the entire alleyway. Commissioner Sarnoff Coupled with unoccupation [sic]. Chair Sanchez: Sorry? Commissioner Sarnoff Coupled with no occupation. RE.6 08-01553 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF THE LAW FIRM OF COLE, SCOTT & KISSANE, TO SERVE AS CO -COUNSEL ON BEHALF OF THE CITY OF MIAMI IN THE CASE OF MILAN INVESTMENT GROUP, INC. V. CITY OF MIAMI, ETC., ET AL., IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 08-77800 CA 08, PLUS ANY COSTS OF LITIGATION INCLUDING, BUT NOT LIMITED TO, RETENTION OF EXPERTS AND CONSULTANTS, AS APPROVED BY THE CITY ATTORNEY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 08-01553 Legislation.pdf 08-01553 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0027 Chair Sanchez: RE.8. RE.8 is also a resolution. Pamela E. Burns (Assistant City Clerk): RE.6, Mr. Chair? Chair Sanchez: Oops, skipped a page. RE.6. It's a resolution from the Office of the City Attorney. Julie O. Bru (City Attorney): Mr. Chairman, this is a resolution that seeks authorization for the expenditure of attorneys' fees and costs, in an amount to be approved by the City Attorney, for the engagement of the Cole Scott & Kissane law firm. They will be providing cocounsel services to the City ofMiami in connection with the case ofMilan Investment Group versus the City of Miami, et al. This is the case that was discussed at length this morning, and I think Commissioner Sarnoff elaborated very clearly on the need to have very specialized legal services in this matter. I don't need to echo anything of what he said because I think he made it very clear to us all that this is a serious case and it requires the kind of specialized services that this firm offers. Let me just emphasize that in this case they will be serving as cocounsel. I plan to contain the costs. We will be serving as lead counsel in the City, but should this matter proceed to be certified as a class action, then they will obviously be there to assist the City. City ofMiami Page 75 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 RE.7 09-00003 City Manager's Office Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Commissioner Sarnoff So moved with some discussion. Chair Sanchez: Motion has been made by Commissioner Sarnoff, second by Commissioner Gonzalez. The item is under discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Do we know what the hourly rate will be? Ms. Bru: Yes. I have that here for you. We have for Thomas Scott, former Judge Scott, $300 per hour; for Scott Cole, who is a partner in the firm, $250 an hour; and for associates, it would be $200 an hour. Again, this is a very competitive and very reduced rate. This is a government rate that they've given us. Commissioner Sarnoff That's a very favorable rate. Ms. Bru: Yes. Commissioner Sarnoff Very favorable rate. Chair Sanchez: Any further discussion? I hope that our taxpayers recognize that this lawsuit is a giant waste of money, and we have to defend it vigorously; but could tell you that I'd rather be spending this money for other things in our community than having to go out there and defend a frivolous lawsuit by greed of these class-action lawsuits. It's almost a fad nowadays that everybody's going after deep pockets, and it's a shame that they go after the cities. And some people need to recognize -- and I think we've learned from experience that these law -- class-action lawsuits, when it's all said and done, the ones that make most of the money -- and I don't have a problem against attorneys -- but it's these class-action attorneys. And if you don't believe me, then do your homework on the fire fee and see what you got back. That's why, as the chairman of the DDA (Downtown Development Authority), I have taken upon to fight this vigorously with our attorneys and special counsel outside to make sure that at the end we prevail, and hopefully we will prevail. All right. Any further discussion on the item? If not, there's been 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. RE.7, I believe, was withdrawn. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY" AS LICENSEE) AND TWJ 1201 LLC ("OWNER/DEVELOPER" AS LICENSOR) FOR THE USE OF APPROXIMATELY TWO (2) ACRES OF WATERFRONT LAND OWNED BY OWNER/DEVELOPER, LOCATED AT 1201 BRICKELL BAY DRIVE, ("PROPERTY") FOR THE CITY TO OPERATE A PASSIVE PUBLIC PARK, COMMENCING FROM THE EFFECTIVE DATE OF THE AGREEMENT TO RUN FOR FOUR (4) YEARS, IN EXCHANGE FOR AN EXTENSION ON OWNER/DEVELOPER'S MAJOR USE SPECIAL PERMIT PURSUANT TO City ofMiami Page 76 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 RESOLUTION NO. 04-0717, ADOPTED OCTOBER 28, 2004, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AGREEMENT. 09-00003 Legislation.pdf 09-00003 Exhibit.pdf 09-00003 Summary Form.pdf 09-00003 Memo.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, to continue item RE.7 to the Commission meeting currently scheduled for February 12, 2009. Chair Sanchez: Now we do need to take action on RE.7. RE.7 is a continuation requested by the Administration. Is there a motion? Commissioner Sarnoff So move. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF RESOLUTIONS City ofMiami Page 77 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 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: NOMINATED BY: Buford R. Witt Chair Joe Sanchez Myrna Pinto Commissioner Angel Gonzalez 08-00317 memo 1-15-09.pdf 08-00317 members 1-15-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0014 Chair Sanchez: And now let's go to -- let's get the board appointments. I believe that we haven't made board appointments in the last couple of months because of the voluminous agendas, but hopefully now we could get some of these board members out of the way. So let's go ahead and start with the first one, which is BC.1. Pamela E. Burns (Assistant City Clerk): For the Community Technology Advisory Board -- If we could also have all the nominations at one time and only have one motion to accept all the nominations, that would assist. Also, be advised that we cannot do any five fifths waiver -- Chair Sanchez: Exactly. Ms. Burns: -- today -- Chair Sanchez: I was just going to say that. Ms. Burns: -- because we don't have a full Commission. Chair Sanchez: I was just going to state that for the record that we don't have five for waivers that require five votes. All right, but why don't we -- does anybody have any appointments for BC.1 ? Commissioner Regalado: I do. Chair Sanchez: You do? Could you proffer the name? Commissioner Regalado: Allyson Warren. Ms. Burns: I'm sorry; Ms. Warren requires a five fifth as a term waiver. City ofMiami Page 78 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Allyson Warren? Commissioner Regalado: Huh? Ms. Burns: She would be a reappointment, but she requires a five fifths because it's a term waiver. Commissioner Regalado: Oh, okay. Well, then next -- I'll defer. Chair Sanchez: OK. Commissioner Gonzalez: I'll defer mine. Chair Sanchez: Okay. I have a name to proffer. It's Buford Witt. Buford Witt, W-I-T-T, and I believe he doesn't need anything, if I'm not mistaken. Commissioner Sarnoff So move. Ms. Burns: That's correct. We -- he does not require anything. We're not familiar with the name. Chair Sanchez: Could somebody proffer the name for me? Commissioner Sarnoff I'll proffer Buford Witt. Commissioner Regalado: Second. Chair Sanchez: Okay, there's a motion and a second. Is there anyone wish to discuss the item and the names that have been proffered for BC.1, which is the Community Technology Advisory Board? Commissioner Gonzalez: I'm going to reappoint Myrna Pinto. Chair Sanchez: Okay. We'll add her name. And the names that have been proffered, none of them need at least a four fifths waiver. Ms. Burns: That's correct. Chair Sanchez: So -- all right, let's -- Ms. Burns: We have a motion by Commissioner Sarnoff and a second by Commissioner Regalado -- Chair Sanchez: Yeah, but Commissioner -- Ms. Burns: -- from both names proffered. Chair Sanchez: -- yeah, but they added another name, so they have to accept that name, correct? Ms. Burns: We have -- Commissioner Regalado: Yeah, we accept. We accept. I accept. City ofMiami Page 79 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Ms. Burns: -- Buford Witt and now Myrna Pinto. Chair Sanchez: Okay, so there's a motion and a second to include both names as nominees and appointments. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. 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 memo 1-15-09.pdf 08-00898 members 1-15-09.pdf 08-00898 applications 1-15-09.pdf CONTINUED Chair Sanchez: We move on to BC.2. BC.2. The only one that has an appointment, if I'm not mistaken, is Vice Chair Spence -Jones, correct? Pamela E. Burns (Assistant City Clerk): That is correct, and she has deferred her appointment. Chair Sanchez: She has deferred, okay. BC.3 08-00906 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Chair Joe Sanchez (Architect/Architect Historian) 08-00906 memo 2-12-09.pdf 08-00906 members 2-12-09.pdf 08-00906-Applications.pdf CONTINUED Chair Sanchez: So we move on to BC.3. BC.3. I have one, and I will defer at this time my appointment. I have not found someone to appoint, so that takes care of BC.3. I'm the only one that has an appointment there. City ofMiami Page 80 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 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: NOMINATED BY: Sereda White Commissioner Tomas Regalado Amarilys Perez Commission -at -Large 08-01157 memo 1-15-09.pdf 08-01157 members 1-15-09.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0033 Chair Sanchez: BC.4. I will defer both of mine. Commissioner Regalado: I have -- Chair Sanchez: Well, let's -- Commissioner, let's go down the list here. Vice Chair Spence -Jones, has she proffered anybody? Pamela E. Burns (Assistant City Clerk): No, she did not. Chair Sanchez: Okay. Commissioner Gonzalez, you have two appointments. Commissioner Gonzalez: I will defer mine. Chair Sanchez: Commissioner Marc Sarnoff you have two appointments. Commissioner Sarnoff I'll defer as well. Chair Sanchez: Commissioner Regalado, you're recognized for your -- Commissioner Regalado: Sereda White, S E R E D A White. Chair Sanchez: Okay, and that is for BC.4, which is the Equal Opportunity Advisory Board. The names have been proffered -- Ms. Burns: Mr. Chair, we also -- Maria (UNINTELLIGIBLE) Bao has resigned from that board, andAFSCME (American Federal, State, County, and Municipal Employees) Local 1907 has proffered Amarilys Perez as their appointment to this board. Chair Sanchez: Okay. Can we get a motion for both names that have been proffered? Commissioner Regalado: I move it. Commissioner Gonzalez: Second. City ofMiami Page 81 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: There's been a motion by Commissioner Regalado, second by Commissioner Gonzalez. Any further discussion on the appointments for BC.4? Hearing no further discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.5 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: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez 08-01177 memo 2-12-09.pdf CONTINUED Chair Sanchez: We move on to BC.5. BC.5. And that is District 1, Housing Advisory Board. Commissioner Gonzalez, do you have the names? Commissioner Gonzalez: I'm deferring. Chair Sanchez: Okay, and that should take care because all of those are your appointments. BC.6 08-01261 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01261 memo 2-12-09.pdf 08-01261 members 2-12-09.pdf NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez City ofMiami Page 82 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 CONTINUED Chair Sanchez: BC. 6, Nuisance Abatement Board. I have an appointment. I will defer at this time. Commissioner Gonzalez, you also have an appointment. Would you like to proffer a name? Commissioner Gonzalez: I'm deferring. Chair Sanchez: OK. BC.7 08-01262 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Jose Herrera, Jr. Commissioner Tomas Regalado 08-01262 memo 1-15-09.pdf 08-01262 members 1-15-09.pdf 08-01262-Stuart Sorg Letter.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0034 Chair Sanchez: We move on to BC.7. BC.7 is the Waterfront Advisory Board. Commissioner Regalado. Commissioner Regalado: Jose Herrera, Jr. Chair Sanchez: Okay. Pamela E. Burns (Assistant City Clerk): Jose -- could you again pronounce the last name, please? Commissioner Regalado: Herrera, HER R ER A, Jr. Herrera. Chair Sanchez: And the Mayor also has an appointment. Has he proffered --? Ms. Burns: The Mayor has not provided with us a name as proffered. Chair Sanchez: Okay. There's been a name proffered by Commissioner Regalado. There's been a motion. We need a second. Commissioner Gonzalez: Second. Commissioner Sarnoff Second. City ofMiami Page 83 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Okay. The motion has been made by Commissioner Regalado, second by Commissioner Sarnoff. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 08-01263 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: Hattie Willis Vice Chair Michelle Spence -Jones Pablo Perez Cisneros Commissioner Angel Gonzalez Gary Reshefsky Commissioner Marc David Sarnoff Jose Solares Commissioner Marc David Sarnoff Luis Cabrera Commissioner Tomas Regalado 08-01263 memo 1-15-09.pdf 08-01263 members 1-15-09.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0035 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones absent, to appoint Hattie Willis, Pablo Perez Cisneros, Gary Reshefsky, Jose Solares, and Luis Cabrera as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Hattie Willis and Luis Cabrera as members of the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Chair Sanchez: And we move on to BC.8. BC.8 is the Homeless [sic] Defense/Neighborhood Improvement Bond Program Oversight Board. Vice Chair Spence -Jones has an appointment. Has she proffered a name? Pamela E. Burns (Assistant City Clerk): Vice Chair Spence -Jones has proffered Hattie Willis, who also requires a four fifths attendance waiver. Chair Sanchez: Okay. Let's move on to the other appointments and see if anybody needs any City ofMiami Page 84 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 other waivers. Commissioner Gonzalez: I'll proffer Pablo Perez Cisneros. Chair Sanchez: Pablo Perez Cisneros. Commissioner Gonzalez: Cisneros. Chair Sanchez: Commissioner Sarnoff, you have two appointments. Commissioner Sarnoff Jose "Pepe" Solares and Gary Reshefsky. Chair Sanchez: Okay. Commissioner Regalado. Commissioner Regalado: Luis Cabrera. Ms. Burns: And Luis Cabrera would also need a four fifths attendance waiver. Chair Sanchez: Okay. And that's a reappointment, correct? Ms. Burns: That's correct. Chair Sanchez: All right. And then the Mayor also has certain appointments. Has he proffered any names? Ms. Burns: The Mayor has not proffered any names to us at this time. Chair Sanchez: All right. All the individuals to include a four fifth waiver for BC.8. There's been a motion and a second to include the four fifth waiver -- Commissioner Gonzalez: I make a motion including the waivers. Chair Sanchez: Okay. Motion has been proffered -- Commissioner Sarnoff Second. Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of BC.8. BC.9 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: NOMINATED BY: Commissioner Marc David Sarnoff City ofMiami Page 85 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff 08-01264 memo 2-12-09.pdf 08-01264 members 2-12-09.pdf CONTINUED Chair Sanchez: We move on to BC.9. BC.9 is the Coconut Grove BIC (Business Improvement Committee) Improvement Committee, and all those appointments are from the -- Commissioner Sarnoff Let me just -- Chair Sanchez: -- Office of Commissioner Marc Sarnoff. Commissioner Sarnoff I think that'll be all cleared up. Let me just waive it for right now because I think we're going to be voting on that next -- not the next Commission -- well, the next regular Commission. Chair Sanchez: All right. His -- that -- his appointments have been continued or deferred. BC.10 08-01265 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Carol Gardener Vice Chair Michelle Spence -Jones 08-01265 memo 1-15-09.pdf 08-01265 members 1-15-09.pdf Motion by Commissioner Gonzalez, seconded by Chair Sanchez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0036 Chair Sanchez: All right, BC.10. BC.10 is the Audit Advisory Committee. I have an appointment at this time, which I will defer. All right. Vice Chair Spence -Jones also has an appointment for the Audit Advisory Committee. Has she proffered a name? Pamela E. Burns (Assistant City Clerk): Vice Chair Spence -Jones has proffered Carol Gardner as a reappointment. Chair Sanchez: As a reappointment, okay. Does she need any waivers? Ms. Burns: No, she does not. City ofMiami Page 86 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 BC.11 08-01410 Office of the City Clerk Chair Sanchez: She does not. Okay, need a motion. Commissioner Gonzalez: Motion on the appointment. Commissioner Sarnoff Second. Commissioner Regalado: Second. Chair Sanchez: Got a motion from Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of BC.10. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Gene Meehan Commissioner Marc David Sarnoff 08-01410 memo 1-15-09.pdf 08-01410 members 1-15-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0037 Chair Sanchez: We move on to BC.11, which is a resolution for the appointments ofMiami Sports and Exhibition Authority. At this time, the Vice Chair has two appointments and Commissioner Marc Sarnoff has one. Has she proffered any names? Pamela E. Burns (Assistant City Clerk): Vice Chair Spence -Jones has deferred her appointments. Chair Sanchez: Okay. Commissioner Sarnoff. Commissioner Sarnoff Reappoint Gene Meehan. Chair Sanchez: All right. Does he need any waivers? Ms. Burns: No, he does not. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff -- Commissioner Regalado: Second. City ofMiami Page 87 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: -- second by Commissioner Regalado. Discussion on BC.11. Hearing no discussion on BC.11, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.12 08-01411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF A CERTAIN INDIVIDUAL AS A MEMBER OF THE OFF-STREET PARKING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stephen Nostrand Off -Street Parking Board 08-01411 memo 1-15-09.pdf 08-01411 members 1-15-09.pdf 08-01411-Off-Street Parking Resolution.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0038 Chair Sanchez: And we move on to BC.12. BC.12 is Off -Street Parking Board, and a name has been proffered and that name is Stephen Nostrand, Off -Street Parking Board. Pamela E. Burns (Assistant City Clerk): That's correct. Chair Sanchez: That's the name. Can we get a motion for that name? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion. I need a second. Commissioners, I need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Any discussion on the item? We're on BC.12. It's a resolution. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.13 08-01412 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 88 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 APPOINTEE: NOMINATED BY: Linda Haskins Vice Chair Michelle Spence -Jones 08-01412 memo 1-15-09.pdf 08-01412 members 1-15-09.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0039 Chair Sanchez: We move on to BC.13. BC.13 is the Finance Committee, and I believe that Vice Chair Spence -Jones has the only appointment to proffer right now. Pamela E. Burns (Assistant City Clerk): And she has proffered an appointment, Linda Haskins. Chair Sanchez: Linda Haskins? Ms. Burns: That's correct. Chair Sanchez: Okay. Commissioner Sarnoff For what? Ms. Burns: For the Finance Committee. Chair Sanchez: All right. Need a motion. Commissioner Gonzalez: Move it. Chair Sanchez: Need a second. Commissioner Regalado: Second. Chair Sanchez: All right. No further discussion on the item. She doesn't need any waivers, I believe, 'cause she has -- Ms. Burns: No, she does not. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." BC.13 has been approved by the name proffered by the Vice Chair. BC.14 08-01549 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 City ofMiami Page 89 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Thema Campbell Vice Chair Michelle Spence -Jones 08-01549 memo 1-15-09.pdf 08-01549 members 1-15-09.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones R-09-0040 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones absent, to appoint Thema Campbell as a member of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Thema Campbell as a member of the Commission on the Status of Women. Chair Sanchez: We move on to BC.14. It's a resolution. That is the Status of Women. Vice Chair Spence -Jones has two appointments, Commissioner Marc Sarnoff have two appointment, and Commissioner Regalado has one. Commissioner Spence -Jones, has she proffered any names? Pamela E. Burns (Assistant City Clerk): Vice Chair Spence -Jones has proffered Thema Campbell, who also requires a four fifths attendance waiver. Chair Sanchez: That's the only one she's proffered? She's got two. Ms. Burns: That's correct. She has one. Chair Sanchez: All right. Commissioner Sarnoff. Commissioner Sarnoff No, I'll waive. Chair Sanchez: Waive or defer? Commissioner Sarnoff Defer, sorry. Chair Sanchez: All right, Commissioner Regalado. Commissioner Regalado: I'll defer mine too. Chair Sanchez: Okay. And the Mayor has an appointment. Has he proffered a name? Ms. Burns: We have not received any names. Chair Sanchez: All right. So we have one nominee, which requires -- Commissioner Gonzalez: Motion with the waiver. City ofMiami Page 90 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: -- a four fifth. Motion has been made by Commissioner Gonzalez. Second? Need a second. Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoffwith the waivers. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.15 08-01550 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Tomas Regalado 08-01550 memo 2-12-09.pdf 08-01550 members 2-12-09.pdf CONTINUED Chair Sanchez: We move on to BC.15, and that is the Urban Development Review Board, the UDRB, and there's only one appointment to be made by Commissioner Regalado. Commissioner Regalado: I will defer that, Mr. Chairman. Chair Sanchez: Okay, Commissioner Regalado has deferred the item. That takes care of all the boards for today. END OF BOARDS AND COMMITTEES City ofMiami Page 91 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 DISCUSSION ITEM DI.1 08-01498 DISCUSSION ITEM Department of DISCUSSION REGARDING THE QUARTERLY UPDATE OF Finance NON -REIMBURSABLE GRANT EXPENDITURES. 08-01498 Summary Form.pdf DISCUSSED Chair Sanchez: So we move on to -- Commissioner Sarnoff PZ.1. Commissioner Gonzalez: DI.1. Chair Sanchez: Whoa, whoa, hold on, hold on. Commissioner Sarnoff No. D1.1 [sic]. Chair Sanchez: Yeah, yeah, yeah. We move on to D1.1 [sic], which is a discussion item, all right. Department of Finance. Diana Gomez: Diana Gomez, Finance director. This discussion item is the quarterly update of nonreimbursable grant expenditures for the first quarter of fiscal 2009, which covers a period of October 1, 2008 through December 31, 2008. For this period there were two amounts reported as nonreimbursable grant expenditures. The Fire Department's State Urban Search and Rescue program incurred $3, 354.06 of training -related costs that were not reimbursable under the state grants. However, they will be reimbursable under the federal USAR (Urban Search and Rescue) program, so there will be no effect -- no expense to the general fund for that expenditure. The Department of Community Development CDBG (Community Development Block Grant) program incurred $404,583.56 of nonreimbursable costs associated with the City's facade program. These costs were originally approved by the Department of HUD (Housing and Urban Development) but, during a subsequent compliance audit, monitoring audit, were deemed to be nonreimbursable because the downtown area was considered not primarily residential. Since the work had already been started, this -- Community Development had to continue the work. Those nonreimbursable amounts will be paid back to HUD. However, they will come back to the City as an increase to the CD's (Community Development) entitlement. Chair Sanchez: OK. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Pamela E. Burns (Assistant City Clerk): Excuse me. Commissioner Regalado: Why do we need a motion? Ms. Burns: Mr. Chair, this is a discussion item. Chair Sanchez: Yes, it is; we don't need a motion, correct. Any questions that any of the Commissioners may have? Commissioner Regalado. Commissioner Regalado: The HUD money will be taken from the general fund? City ofMiami Page 92 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Ms. Gomez: That is correct. Commissioner Regalado: And it will not be coming back to the general fund? Ms. Gomez: It will not. It will come back to the -- Community Development's special revenue fund entitlement under the CDBG grant to be used for further CDBG programs. At the same time, the City's Community Development Department is looking for ways to substitute programs that would have been funded with the general fund for programs that qualify under the CDBG grant so as to kind of -- Commissioner Gonzalez: Wash out. Ms. Gomez: -- wash out that -- exactly. Excuse me. Commissioner Regalado: And on the FEIVIA (Federal Emergency Management Agency) grants, just -- Ms. Gomez: No -- I'm sorry, go ahead. Commissioner Regalado: No. But on the FEIVIA grants, I still don't understand why -- we have not paid HDR (Henningson Durham and Richardson) yet, right? We still owe HDR, but we have paid several million dollars, 'cause we pay already HDR $7.2 million to monitor the debris and the grants. Is that a correct figure? I'm not sure. Ms. Gomez: Yeah. Pedro G. Hernandez (City Manager): Commissioner, we're asking Mario Soldevilla to come into the chamber. Commissioner Regalado: No. I mean, I don't want to -- Mr. Hernandez: I think that he can answer that question. Commissioner Regalado: I don't want to delay, but really think that this thing of the grants and FEMA is getting complicated because we're getting to the time where we won't be able to claim more 'cause it's been -- it's going to be four years. Ms. Gomez: Regarding the FEMA reimbursements, we have -- we do -- we have submitted all the paperwork to -- well, this is the FEMA related to Katrina and Wilma that we're talking about -- that I'm talking about. Commissioner Regalado: Right. Ms. Gomez: We have submitted all paperwork to FHWA (Federal Highway Administration). We are -- we cannot submit to FEMA until FHWA determines which portion is their portion to pay. Once they pay, then we can take that -- the balance and submit it to FEMA for reimbursement. There -- we have met all the time frames. There is no -- there's no question as to whether or not we will be able to submit because that is their process for seeking reimbursement. They are the ones that directed us to go to FHWA first and then submit to FEMA afterwards. Commissioner Regalado: Then the thing I don't understand is why has it taken so long from October 2005 to now to submit the documentation if HDR charged the City a lot. Mario Soldevilla: Yeah. The -- I'm sorry. Mario Soldevilla, director of Solid Waste. HDR's were -- had multiple tasks that they perform. One of the tasks was to prepare documentation or City ofMiami Page 93 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 at least arrange the documentation so that we can present it to both FEMA and the State. Now FEMA, we presented what our PWs (Project Worksheets) are, which are the project worksheets that establishes the scope of the work. We've done all the scope of the work. The FHWA reimbursement is a specific funds that were utilized to pick up debris within federal highways which are -- which the State is responsible for. We did -- we provided the invoices for that, which was a, you know -- for Katrina, I believe the amount was -- and Commissioners, approximately, I don't recall the exact figure, but it was approximately half a million dollars or so. For Wilma, it was about a million dollars. Initially, we had estimated a much higher amount. The difference between what we had estimated and what actually is going to get paid by the State will then be submitted to FEMA at closeout so that they will -- and they will close that gap. That's, you know, where we are at right now. But in order for FEMA to actually do the closeout, we need to have received payment from the State. We anticipate that we're going to receive statement [sic] to the -- from the State within a few weeks. I wish I could tell you exactly the time, butt want to say between four and six weeks we should be able to get that reimbursement. At which point, we will do our closeout with FEMA and get the balance of the funds that is owed to the City. Commissioner Regalado: Thank you. Chair Sanchez: All right. If no action, any further questions on that discussion item? Thank you. END OF DISCUSSION ITEM City ofMiami Page 94 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 PART B PZ.1 08-01508ct ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY INCORPORATING THE ANNUAL UPDATE TO THE CAPITAL IMPROVEMENT ELEMENT AND 2008-2009, FIVE (5)YEAR SCHEDULE OF CAPITAL IMPROVEMENTS, AS REQUIRED BY FLORIDA STATUTE, CHAPTER 163, AND CHAPTER 9J-5, FLORIDA ADMINISTRATIVE CODE; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01508ct CC Legislation (Version 1).pdf 08-01508ct Exhibit A.pdf 08-01508ct Supporting Documentation.pdf 08-01508ct CC SR 01-29-09 Fact Sheet.pdf Votes: LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will update the Capital Improvement Element and Five -Year Schedule of Capital Improvements of the Miami Comprehensive Neighborhood Plan. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner Gonzalez, Regalado, Sarnoff and Sanchez Absent: 1 - Commissioner Spence -Jones Chair Sanchez: All right. Ladies and gentlemen, we move on to PZ (Planning & Zoning) item. Now, PZ item, before we do that, anyone who will be testifying in front of this Commission on the PZ item, please raise your hand and be -- please stand up and raise your right hand and be sworn in. Julie O. Bru (City Attorney): Mr. Chairman, this is just a legislative item. We don't need to swear anybody in. Chair Sanchez: All right. Okay. All right. Do you want to skip the procedures too? Ms. Bru: There -- really, there's -- it's just a legislative item. There's no -- the Department's going to put on the item, and then we'll open up the public hearing, and then you will vote on the item. Chair Sanchez: Okay. Pamela E. Burns (Assistant City Clerk): Excuse me, Mr. Chair. Chair Sanchez: Yes. City ofMiami Page 95 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Ms. Burns: Do we have anyone here that needs translation services? Chair Sanchez: Do we have anybody here that needs translation? No. No, we don't, Madam Clerk. All right, let's move on. PZ.1. Harold Ruck (Planner II): Harold Ruck, with the Planning Department, and this is PZ.1 on first reading. This item is for consideration of an ordinance amending the Miami Comprehensive Neighborhood Plan of the City of Miami by incorporating the annual update to the capital improvements element, including the 2008-2009 five-year schedule of capital improvements, as required by State Statutes Chapter 163 and Chapter 9J-5. As you may remember, the CIP (Capital Improvements Program) 08-09 update was adopted November 13 of last year. Florida Statutes now require that this five-year schedule update from the CIP document be incorporated into the Comprehensive Plan through this amendment process. So if there are any questions? Thank you. Chair Sanchez: All right. Commissioner Gonzalez: I'll move it. Chair Sanchez: Any questions? All right. There's -- Commissioner Sarnoff Second. Chair Sanchez: -- a motion by Commissioner -- Commissioner Gonzalez: After all, it was something that was already voted on and approved. Chair Sanchez: Yes. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Before we open up for discussion, anyone from the public who wishes to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Discussion on the item? Commissioner Regalado: Just a question. We were supposed to bring this to Tallahassee in December; right? Mr. Ruck: The schedule by statute was December 1 of '08. However, at that same time in November, we were working with the EAR (Evaluation and Appraisal Report) -based amendments. We provided, at that time, part of the resolution. The amendment was to provide the five-year schedule, CI -- update at that time. We provided the 07-08 update. DCA (Department of Community Affairs), after reviewing the documentation, indicated we needed the 08-09 information. It was not available to us until November 13, when it was adopted by the Commission. We weren't able to proceed with that information at that time; could have been changes. We didn't have the information. So at this point -- and we have been in discussion with DCA, and so they are aware of what we're doing, and we're getting it up as quickly as we can. Commissioner Regalado: No, fine. Because the question is I hope -- I was hoping that you said that when we approved it. We approved it in November, right? Mr. Ruck: No. November 13, yes. Commissioner Regalado: Right. I understand that. The question is why do we always push it so thin? Why? Why do we have to wait until November 13 if the deadline is December 1? So you don't have the time to forward that to Tallahassee, so we are not in compliance. So the State, it's always attacking the City. Why couldn't we do it back in October, and then you guys have the City ofMiami Page 96 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 time? Ola 0 Aluko: Ola Aluko, director of CIP, City ofMiami. Commissioner, maybe I can explain or help you understand. As you are aware, the 2007-2008 capital plan was approved in June of 2008. In order to maintain our financial integrity, we came back and revised the 2008-2007 [sic] plan for a 2008-2009 plan, which was approved in November -- on November 13, 2008. Unfortunately for Planning, our document was not ready in time when they submitted the first draft to Tallahassee. Now that we have an approved 2008-2009 plan, we have given it to Planning, and now Planning needs to resubmit. Next year the CIP plan will be completed at the same time our budget is approved, which is generally, I believe, August or September of that fiscal year. So when Planning comes back next year, Planning will have everything they need from Capital Improvements to submit to Tallahassee in time to avoid the situation that just occurred. So again, it's not a fault of Planning. I would not necessarily say it's a fault of CIP either. It's just that we've been behind from the past several years. We've now caught up, and now this will be the last time you'll see such an occasion. Commissioner Regalado: Okay. Mr. Aluko: Thank you. Chair Sanchez: Any further questions? Ana Gelabert-Sanchez (Director, Planning Department): IfI may, also would like to clarify the - - this amendment is something new, so by the time we heard from Tallahassee that they required this not as a budget but as a text amendment, that's when we had to bring it back. There's many municipalities going through the same process because this is a new requirement that the State is asking us to do. Chair Sanchez: While we're on the topic of the comp plan, what are we doing to address the Department of Community Affairs once again rejecting the City's plan? Ms. Gelabert-Sanchez: I'm sorry. I didn't -- Chair Sanchez: What are we doing to remedy the situation that we're in? Ms. Gelabert-Sanchez: With the comments that they brought back? Chair Sanchez: Yes. Ms. Gelabert-Sanchez: We are going to be addressing it. We already are being contacting DCA, and what we're frying to do is put the issues that they have brought to our attention, which are the river. Chair Sanchez: The element. Ms. Gelabert-Sanchez: We need to also meet with the City Manager and the Commission and to be able to address the issues of policies, but we are going to be dealing with -- we have to deal with DCA. We have been communicating with them, and the Legal Department has been also communicating with DCA regarding a hearing. Chair Sanchez: When do you foresee us putting this to bed and moving the City forward? I mean, when do you foresee us coming to an agreement with them? Ms. Gelabert-Sanchez: DCA has up to 60 days, I believe, to get a date. The appeal period would be January 28, if someone else wants to appeal. Like I said, already, the Legal City ofMiami Page 97 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Department -- and we're frying to get a date soon for the hearing with DCA. I don't think the Legal Department has a date yet, but we're trying to resolve it as quick as possible. Again, we're just frying to look at what are their issues regarding the river and what type of things can we agree or disagree with them and then bring them back. But I don't have a date -- Mr. Hernandez: Commissioner, the -- Ms. Gelabert-Sanchez: -- where we're frying to -- Mr. Hernandez: -- more direct answer would be 60 to 90 days. Chair Sanchez: All right. Okay. Is there anything else? 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. Ms. Burns: 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. Chair Sanchez: All right. Ladies and gentlemen, this concludes the City of Miami Commission meeting. Need a motion to adjourn. Commissioner Sarnoff So move. Commissioner Gonzalez: Motion. Commissioner Regalado: Second. Chair Sanchez: Motion to adjourn is made by everyone. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Thank you so much, ladies and gentlemen. See you next time, same place. Commissioner Sarnoff Same time. Chair Sanchez: Same time. END OF PLANNING AND ZONING ITEMS City ofMiami Page 98 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 08-01544 DISCUSSION ITEM DISCUSSION REGARDING 311 PHONE SYSTEM. INFORMATION WILL BE PROVIDED ABOUT THE 2008 EXPENSE TO THE CITY OF MIAMI AND THE PROJECTED 2009 EXPENSE TO THE CITY OF MIAMI. DETAILS WILL BE PROVIDED ABOUT A RECENT QUALITY SURVEY. COMMISSIONER SARNOFF WOULD LIKE TO RECEIVE FEEDBACK FROM COMMISSIONERS AND FROM THE ADMINISTRATION. IDEAS TO CREATE BETTER SYSTEM AND/OR TO CREATE COST SAVINGS TO THE CITY OF MIAMI MIGHT RESULT. 08-01544 Email.pdf 08-01544-Submittal-Article-311.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to provide a report to the City Commission in 60 days regarding the efficiency and effectiveness of the 311 phone system. Chair Sanchez: Moving on to the next item. Let's take up FR (First Reading) -- PZ.1. Harold Ruck (Planner II, Planning Department): Good afternoon. Harold Ruck. Pamela E. Burns (Assistant City Clerk): Excuse me, do you --? Chair Sanchez: Yeah, we need to -- well, I'll tell you what, why don't we just finish -- Commissioner Gonzalez: Are we in PZ.1 or what? Chair Sanchez: Yeah, yeah, but let's finish the entire -- and then we'll go to the PZ (Planning & Zoning). That makes it much easier. Let's go -- we'll get back to the PZ. PZ will be the last item. Let's go ahead and go to the blue pages, and we'll start off with District 2, and then we'll go back to PZ 'cause we have to -- Commissioner Sarnoff All right. Mr. Manager, this is my discussion, my blue page discussion regarding 311. When I first looked into this -- and I've been thinking about doing this for the better part of six months -- it just appears to me and based upon the evidence that we get through City ofMiami Page 99 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 e-mails (electronic) and telephone calls, there's just a lack of responsiveness to 311. And what our investigation has revealed, apparently there is a significant lack of responsiveness. I'm not criticizing the actual strategy you have in place for 311 -- and for those that don't know this, 311 is run by the County, and it's done so, my understanding, Mr. Manager, without the use of City of Miami funds, except I do think they took some of our cops grant money, ifI recall correctly. Pedro G. Hernandez (City Manager): You're correct. Commissioner Sarnoff Okay. So it doesn't come out of our general fund, but nonetheless, people call 311 they have an expectation of being routed to the correct agency. With regard to District 2, oftentimes it's -- 311 is dialed on a weekend, and it's oftentimes done about somebody taking down a free which somebody believes to be illegal. And what happens is you can be left on the phone either indefinitely or for an inordinate amount of time and you don't get to the right person. To try to stopgap this in some respects, Mariano Loret de Mola has been great and has provided us alternate phone numbers, but it has its own flaws too because not oftentimes -- if the person gets to me -- and they often do -- and my wife would like to thank you for that, Mr. Manager, because she doesn't understand why I'm in the process of the emergency -- Mariano, always -- our director always has somebody go out there for the tree issue. Equally, my commander in the Grove will always send somebody on my behalf. But what happens is it takes my intervention and it shouldn't have to make my intervention. With that being said, we looked into how 311 is being handled. And I -- Judy Fernandez did a pretty good story in Miami -- in today's news, and it demonstrates that it takes over 4.3 minutes, that's the average to get a call routed and that's if the call does get routed. In the e-mails I have in front of me, it appears that almost 55 percent of the time the call just gets dropped, and that's more than half so more than half the calls to 311 -- and, by the way, for the record, I have a December 9, 2008 e-mail that comes from Miami -Dade County. I equally have in front of me a e-mail dated December 16 ftom Donald Riedel, our City. And I equally have an e-mail dated January 14, 2009, which, again, comes from our City, in which case it's all acknowledged that somehow 311 had become so broken that more than 50 percent of the calls just never got responded to. Now I'm not suggesting to throw the baby out with the bathwater, meaning scrap the system, but as a Manager -- and I understand your desire to be able to use a system that the County runs, but we need to have some interface with that system so that this is at least a worthwhile endeavor not so much from a tracking mechanism -- I understand your desire as a City Manager to be able to track things. I'm looking at it more from a resident level, where they actually don't know who to call, maybe calling on a Saturday, maybe calling in regards to a free coming down, that somebody is there within 10 or 15 minutes of a call. That is my hope and my expectation that we can get that kind of service. Now, you know, I suspect ifI had the Chief of Police here, he would tell me that we'll always have the police go out there if we have the police available. I expect to hear thatfrom the Chief. What I suspect happens between the Chief and the dispatch officer, I suspect there's some loss of dictate or some loss of instruction. I suspect that most dispatch people will not send a police officer out without a City Commissioner getting on the phone and asking that a free be saved. This started as a result -- and you've been on a number of my phone conversations on the weekend. Mariano's been on every one of my phone conversations on the weekend, and I have no issue with Mariano's responsiveness to me, and I have no issue, Mr. Manager, with you and your responsiveness to me. My issue is why do I get involved. My issue is it seems to me that we should be able to have a system which does what you want, which is track your calls, route people to the part of the City they need, whether they want a permit, whether they need a Code enforcement officer, whether they need to come down to MRC (Miami Riverside Center), but equally, takes some cognizance of a time basis call. And I know it's broken. I think you know it's broken. The question is, as a good manager, how do you fix it? Mr. Hernandez: Commissioner, I don't think it's as bad as it appears. They are having problems with the time delay; there is no issue, and they have been made aware of that. They've done audits of the response, and they're frying to be more, let's say, timely when they answer the phones. The City ofMiami has like 15,000 calls a month to 311. The majority of them, 80 to 90 City ofMiami Page 100 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 percent, are handled properly, and those are issues like building and permits and things like that. Also, when somebody calls for a pothole or for some sort of service, a work order is generated and City departments react to it. Where we're having a problem is with the more unique, nonrecurring -type of calls, like for example, a tree cutting. 311 is having some problems, but it's also our fault in the way that we have set up our process, our business process on our side. So I think there is an issue on both sides. I've met with Don Riedel, Peter Korinis, and we're working on devising a more streamlined and effective process to handle those calls. I think that a tree cutting in progress, one that is in progress, the quickest way to react to it will be through the Police Department, and I haven't talked to the Chief on it. I mean, it's a low priority among the things that they do, but if they have a unit available, that's the -- probably the best way to get somebody on the site and stop the crime. Once it's done, I mean, we can do it the next day or the following day; but on a weekend, a Saturday, when they're trying to do one of those things, or Sundays, I think that I'm going to talk to the Chief to put something into effect where we react in that fashion. I have to work with Don Riedel to streamline the process because right now there are too many options or calls that 311 has to forward to different phone numbers, depending on the day of the week and the time and so forth; and it's quite confusing. So we need to do some work internally, and 311 is doing their audits and improving on their side. And we'll be -- continue to do the necessary work with them and hopefully be able to report to you within the next 30 to 60 days. Commissioner Sarnoff Well, I want to make sure that -- I'd like to see a report back to me in 60 days, and what I'd like to see is some change that -- and we're going to continue to do -- and we do this from our office -- we call 311 at least five times a week, and we're one of those unsuccessful people that have been in that 55 percent of dropped calls, not every time, but I'd say 70 percent of the time. So you know, it's nice to say we have a system in place. It's not good to say the system is as broken as it appears to be. And I'm just -- what do they say, this is up -- you're up at bat number one; you'll be up at bat number two, and then there'll be an up at bat number three. And then you have to ask yourself, if it stays the way it is, is it worth having. Mr. Hernandez: Obviously, the concept and the system is good. The concept is excellent, and I think that in most times and in most type of calls, it works well; but we do have a failure and a breakdown in certain type of calls, which has been augmented by their delays in responding, and that's what Don, hopefully, will help me out. Commissioner Sarnoff Well -- and you know, to some of us sitting up here that voted for your -- was it $20 million for your -- Mr. Hernandez: Right. Commissioner Sarnoff -- new computer system -- we do so, I suspect, with the expectation that we become more efficient and that things get routed to the -- we all think a computer does that for some reason, and if we're mistaken, I know I might reconsider what do from now on; butl like to think that when we vote for technology, it's because we're voting for a more efficient, more effective system. And, you know, I know we're not micromanagers. I know nobody sits up here and says please spend the 20 million this way, butt have an expectation -- I suspect most Commissioners up here have an expectation that that $20 million goes to getting a more efficient and more effective system. Mr. Hernandez: There's no question, Commissioner. That's the goal. Don, anything you want to add? Don Riedel: Yes. Don Riedel, director of 311 and Citistat. Just let me go on record with just a few background comments. First of all -- while I'll be the first one to say that we've had problems with 311, I need to emphasize that 311 is a tremendous value to the City. They handle 90 percent of our calls very efficiently. They allow for us to take our headcount instead of City ofMiami Page 101 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 answering repetitive, simple calls over and over again. They're doing that for us. I've estimated we've lost 12 to 14 call -taker positions over the last three or four years because we've been able to move the load to 311. The other great advantage of 311 is that there is not a lot of call transferring going on. In the old days, prior to 311, we had a situation where each department staffed their own call center, so each department had to have a little team of one or two or three folks answering the phone. And they may have been okay about answering the questions that got to them, but the problem was the citizen rarely knew what department to call and many times called the wrong department. And when those little departmental call centers tried to transfer someone, their knowledge of who to transfer it was not always as good as it needed to be, so a customer, a citizen, would get transferred multiple times, sometimes finding out at the last minute that it isn't even a City issue, it's a County issue. We did some studies, prior to the implementation of 311, that 50 percent of the calls going into these individual City departmental call centers were misdirected. So we were spending time staffing the phone to say, no, I'm sorry, that's not the City; that's the County. Or no, I'm sorry, this is Public Works issue; it's not a Sanitation issue. So just -- let me just put that on the record. I feel guilty not saying that because we get tremendous value out of 311. Now to some of your specific comments, the 50 percent accuracy rate that we've been talking about has been on these low -runner issues. That's not to minimize them any. You can see from my letters to the County and back from the County that they take this very seriously. So what's happening is that there's no IT (Information Technology) system breakdowns here, folks. The IT systems work very well. That's how I'm able to frack this. What's breaking down is training and management of the call takers, and that is where the breakdown is occurring. Now the other piece of the puzzle is if the City has such complex processes that even ifI get a perfect call taker, I'm liable to find out that the call taker confuses the citizen, multiple phone calls, multiple times of the day, and that causes a problem. But we have no IT deficiencies. We have no reporting deficiencies. I have overly complex business processes, which the City Manager just spoke to you about, and I have training issues with the call takers. The City -- excuse me, the County has acknowledged those training issues. In fact, my folks, as we speak, are training; and the County has committed to have a 90 percent on the low -runner items, as far as quality, and we will be testing them very soon in the beginning of February to confirm that they've got this fixed. The other figure you were mentioning is this four percent delay time. What that refers to is speed of answer, and that's been even worse than four -- Commissioner Sarnoff Four minutes. Mr. Riedel: -- I'm sorry; four minutes. Commissioner Sarnoff Right. Mr. Riedel: Excuse me. That's even been worse than four minutes. It's been up to nine minutes. In October, it was nine minutes speed of answer. Their speed of answer, the last couple of days we've checked, has been down to less than a minute. And again, what they're doing is they're utilizing some new workforce management tool that's allowing them to schedule their shifts better so that they have people when the load peaks. So the County has acknowledged the errors. The County is putting the resources into fixing the errors. We will start testing them again in February, and if we work on our business processes, we should be able to do a better job for you folks and not get you in the middle of these things. I certainly respect you not wanting to hear about these things, Commissioner. Commissioner Sarnoff Well -- and let me just tell you, Don, I suspected that you would go to the call responsiveness, so we did a survey of 15 phone calls in December. Of the 15 phone calls, it took us, on average, 11 and a half minutes. Of those phone calls, five of them were dropped. Of the phone calls, guess how many were successfully routed? Mr. Riedel: Fifty percent? City ofMiami Page 102 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff None. Mr. Riedel: None, okay. Well, again, I -- what were the issues you were asking them about? Commissioner Sarnoff I'm sorry? Mr. Riedel: I'm sorry. What were the issues you were asking --? Commissioner Sarnoff We had a tree being taken down. Mr. Riedel: Right. Commissioner Sarnoff We had -- we went across-the-board. How do I get a permit? What can NET (Neighborhood Enhancement Team) do for me? It was pretty easy on the five calls that never got through. We never got -- Mr. Riedel: Where we're getting -- Commissioner Sarnoff -- to get our issue out. Mr. Riedel: -- the big bang for the bucks right now with them that is high -quality is on the repetitive items, and we need to bring that quality into the lower -run items. There's no question about it. That's why we've been auditing them. That's why we're working with them, and that's -- we have a program where we do the same -- we do 40 calls a month, and that's where all those letters came from because we're anxious to get them up -to -speed. There's no question they're having a problem. I'm certainly not going to sit here or stand here and tell you that we don't have a problem with call taker quality, butl don't want you to think that the whole call center is running at 50 percent accuracy 'cause that's unfair. Commissioner Sarnoff Right, because my anecdotal evidence would show it's not running at all, but -- Mr. Riedel: Well, I think that would be unfair. In our estimation, and based on our audits, that would be unfair. Commissioner Sarnoff Okay. And I'm just giving you what we did out of our office. And I believe when you dial out of a City office, you get "unknown number, " so they wouldn't know who they're getting. Mr. Riedel: Well, they don't know who we are either, so -- Commissioner Sarnoff Okay. Mr. Riedell: Again, we're doing the same thing you are, and we have the same goals in mind to make them better. Commissioner Sarnoff You know what? All I can do is bring this up, and all I can do is suggest to you -- I think it's an interesting system that, in the Manager's position, I would want implemented as well. And all could tell you, as a Commissioner, I don't think it's working. And you can tell me in 60 days, I fixed it, I can't fix it, or I need another 60 days. Mr. Riedel: Well, I would like to suggest, because we could use the help, is that we work together in auditing them. Because, remember, you and I have the same goal here. City ofMiami Page 103 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 D2.2 08-01551 Commissioner Sarnoff Oh, we'll get calls out. Mr. Riedel: We're trying to establish a pattern that we can show them where they're deficient, okay, so if we can learn things from some things that you have found, we will certainly raise those up to the call center. Commissioner Sarnoff Each one of my staff members is instructed to make three phone calls a month -- Mr. Riedel: And would love to see the -- Commissioner Sarnoff -- at different times of the day. Mr. Riedel: -- results of those. Commissioner Sarnoff And we'll log them for you. Mr. Riedel: And that would be great 'cause we could work together as a team to continue -- Mr. Hernandez: Thank you -- Mr. Riedel: -- to push -- Mr. Hernandez: -- Don. I think that -- I think you've made the point quite well, and we owe the Commissioner a report, the Commission as a whole, in 30 to 60 days on the results of the audit, the training -- Mr. Riedel: Right. Mr. Hernandez: -- and how things are working because this can be secret shopped and can be tested, so -- Commissioner Sarnoff Thank you, Mr. Manager. Mr. Hernandez: -- we'll report back to you. Commissioner Sarnoff Like I said, I can only bring it to your attention, and I thought it was a worthwhile discussion. Mr. Hernandez: It is. DISCUSSION ITEM DISCUSSION ON THE LACK OF MAINTENANCE AND CLEANLINESS EXHIBITED BY THE OWNERS OF THE FEC TRACKS AND THE RIGHT OF WAY (ROW). THE ROW CAN BE 100' TO 130' WIDE. THE FEC CORRIDOR EFFECTS OAKLAND GROVE, PALM GROVE, LITTLE RIVER, BUENA VISTA, EDGEWATER, OMNI WEST, OVERTOWN AND PARK WEST. THE FEC CORRIDOR CROSSES MANY WELL TRAVELED CITY OF MIAMI INTERSECTIONS. THE FEC CORRIDOR HAS A SIGNIFICANT EFFECT ON THE CITY OF MIAMI RESIDENTS. AND STAKEHOLDERS AND VISITORS TO THE CITY OF MIAMI GET A NEGATIVE IMPRESSION FROM VIEWING THE EXTENSIVE FEC CORRIDOR. WHAT IS THE STATUS? WHAT IS THE CURRENT CONDITION? City ofMiami Page 104 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 WHAT CAN BE DONE? CODE ENFORCEMENT? LIENS? VOLUNTARY COMPLIANCE? 08-01551 Email.pdf 08-01551-Submittal-Commissioner Sarnoff.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to schedule a presentation by the consultant conducting an eight year study of the FEC corridor for the City Commission meeting currently scheduled for February 26, 2009. Commissioner Sarnoff Next discussion is FEC (Florida East Coast) tracks and the right-of-way. And ifI can get -- there's a little bit of a photo montage for everybody to show you what it looks like. Interestingly enough, you know, I started looking into the FEC -- when I first came on this Commission, the first thing I did was actually, I think, a discussion item on the FEC corridor thinking, wow, what a wonderful place not only to create mass transit but to equally -- you know, when all the waterfront land is gone, you know what's going to be the most interesting and most productive land? That overlooking open space, and the FEC corridor will always be open space. But what we have in the FEC corridor is a landowner or land maintainer that simply does not maintain its land, whatsoever. We, as a city, have extremely limited abilities, extremely limited abilities -- I will tell you as a lawyer, it appears the FEC's jurisdiction and the FEC's rights are what I call extra -constitutional. I couldn't even tell you where they get their powers and benefits from. I couldn't even tell you who governs them. And I couldn't even tell you how to implement a change in them, other through their own good graces. But look at the opportunity here for any number of things you might want to consider. One, last time I heard, there was an eight -year study. I've never heard of an eight -year study in all my life, but I think that's government talk for "don't bother us." Two, just think if you paved a little part of this, and I'm not advocating paving 'cause I don't love paving, but if you wanted to create a bike lane in the interim so that Bike Miami, if you will, or if people actually biked for the nine months of the year that is extremely feasible to go through probably the most congested parts of the City, north to south, how much would that take? What would that be to implement? Why couldn't we do that yesterday? But instead, I think we're on the fifth year of our eight -year study, hopefully. But look at the way this particular corridor is taken care of. It simply is not. It is neglected. It is not kept up. Commissioner Spence -Jones, if she was here, I think would have a tear in her eye because a lot of it is in her district, and it's a great opportunity for wonderful green space. I'll say to the Commissioners, I think some day, once all of the waterfront land is gone, that's going to be the most valuable property for somebody to overlook, of course not looking like this, but -- Commissioner Gonzalez: I just want to interrupt you a minute to tell you how long -- you know how long I've been fighting this same problem? Since 1990. We are in what, 19 -- we're in 2009. Commissioner Sarnoff '09, 19 years. Commissioner Gonzalez: Nineteen years. Commissioner Sarnoff And the shame of this whole thing is, this is my second discussion item on this, but, you know, here we are with a rail opportunity. Here we are with a bike opportunity. I know the Biscayne Boulevard Times, which is -- this particular section right here is the front page. Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Chair, we have lost quorum. Chair Sanchez: We have lost quorum. Yep. Unidentified Speaker: Stop talking. City ofMiami Page 105 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff I don't -- it's not going to be a vote or anything. You mind ifI just --? Chair Sanchez: Well, if we don't take any action, we don't -- Commissioner Sarnoff Right, so -- and I won't hold you guys up. But, essentially, there's three goals that should be in play here. One, let's clean it up. Let's make it into a place that no one is afraid to go into. Let's make it into a place that we can be proud of. Two, if we're in the fourth, third or second year of an eight year study, why don't we see if we can get them to actually allow us to pave it so that we can create a bike path. Simple as that, a bike path. Three, let's either get a train running on this in the next three years or let's get a bus running on this in the next three years, whatever is fiscally the most responsible thing to do. And I know certain people advocate trains, certain people advocate buses. What a wonderful fight it would be to have a right-of-way dedicated to mass transit that isn't going to really impact the north -south commute to work, minimally impact the east -west commute because a train, you know, can be worked out, to work through, and a bus would work out as well. It just seems like there's a great opportunity here, and we just seem to miss it because nobody seems to know how to govern the FEC, and it's a shame. And I don't know what an eight -year study is, but I'm beginning to learn. Thank you very much for listening. Chair Sanchez: Your next item. Commissioner Sarnoff Last item is a motion to allow the current operator -- Pedro G. Hernandez (City Manager): Commissioner, if -- I'm sorry to interrupt. Commissioner Sarnoff That's all right. Mr. Hernandez: But on this subject -- Commissioner Sarnoff FEC? Mr. Hernandez: -- I think it would be a good idea to bring in that consultant that is doing the eight -year study. Commissioner Sarnoff Scott Seaberger (phonetic), right? Mr. Hernandez: Maybe to bring him in to do a personal appearance or a presentation before the City Commission -- Commissioner Sarnoff Could I --? Mr. Hernandez: -- to basically say, you know, where are they, what are their plans. I like the idea of the bike lane because the eight -year study would probably take 20 years to do anything else, so in the meantime, a bike lane will provide a means for people to bicycle, jog, whatever. So -- also, Jose Gonzalez, from our Office of Transportation, contacted the FEC. They're coming to town the 21st, 22nd of this month. They're going to do a tour of the area. And we hope to work with them in trying to improve the appearance and fry to control illegal dumping. So I'm going to work on those two items, setting up a presentation here and working with the FEC. Commissioner Sarnoff Can you set up the appearance for possibly the second Commission meeting in February? Mr. Hernandez: Definitely try, sure. City ofMiami Page 106 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff OK And I appreciate that. And I know, Mr. Manager, that you see it as an opportunity 'cause I know we've spoken about it, and I think you're scratching your head, what is an eight year study as well. And I appreciate your help on that. The last thing is a simple motion. Do I have to read --? I do. And that is to allow the current operator of the -- Bob Powers: Commissioner, is this open for discussion to the public? I mean, some of us came down because this was on -- Ms. Burns: Sorry, we can't hear you because you're not on the microphone. Commissioner Sarnoff It's up to the Chair. Mr. Powers: Is this open for just a brief discussion by the public? I mean, just so that you know how this impacts neighborhoods that back up to this, or no? Chair Sanchez: Let him present it -- Mr. Powers: I'll make it brief. Chair Sanchez: Let him present what he's going to present, and then we'll open it to -- we'll allow you to speak on the item. Commissioner Sarnoff Well, FEC is pretty much done, so if you want him to -- Are you talking about Legion? Mr. Powers: I'm talking about FEC. Commissioner Sarnoff FEC, I thought you were. Mr. Powers: The FEC corridor. Chair Sanchez: Oh, okay. Yeah, yeah. Mr. Powers: My name's Bob Powers. I live at 565 Northeast 66th Street, and I'm the president of the Palm Grove Neighborhood Association, which backs right up to the FEC corridor. We have 27 blocks of our neighborhood backs up to the FEC corridor. And what they -- when the criminals break into Morningside, which has stuff to steal, they stash it on the FEC corridor because they don't take care of it. The thing that had asked on a number of occasions is -- you know, I was in business for 25 years, and I know that if you send somebody a bill enough times that you actually have legal standing somewhere along the line, whether they pay that bill or not, you know. And I know that the FEC has never wanted to pay to maintain this. What would be fascinating is to find out how much the City pays every year to clean up those tracks. And what find really interesting, today they're cleaning the FEC corridor. Isn't that fascinating? Because the Commissioner made it a blue page item or a blue -- whatever you call it. Commissioner Sarnoff I could blue page it every 60 days. Mr. Powers: The thing is this, is that have asked -- Mr. Hernandez: Well, ifI may, Jose Gonzalez also talked to -- Mr. Powers: I'm going to meet with Jose. Mr. Hernandez: -- Mr. Stephens and (UNINTELLIGIBLE) -- City ofMiami Page 107 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Mr. Powers: You know what, if they put trains on that tomorrow, people would ride them, I kid you not. You know it, I know it. There isn't a person in this room who doesn't realize that they can't do anything more with I-95. Forget about it. Put the frains back. They could go right downtown; they go all the way down to Homestead; they go all the way to the airport; they go to the port. They go every place we need them to run, and they're not being used. I think, if you started to bill them for all the money that this City spends to clean up their mess and their property, they'd start to think twice; and not only that, I think you'd have standing as far as mitigation with them. I have advocated for that for years. Even when I lived up in Fort Lauderdale and Tom Gustafson ran for mayor of the City of Fort Lauderdale back in the '80s and wanted to make those into a transportation corridor, the same thing was brought up there 'cause Fort Lauderdale has the same problem that you guys have. They end up spending money out of their tax dollars to maintain and keep that clean and neat. I really do believe every time you send a crew out there to clean it that you ought to take the time to send them a bill. Commissioner Sarnoff I know we can't lien it. Mr. Powers: What? Commissioner Sarnoff You can't -- Mr. Powers: Well, I don't care. Send them a bill. Just send them the bill because the -- every time you send them a bill and they don't pay -- and then one day they're going to want something from us. They're going to want something from us, the citizens of the City ofMiami, somewhere along the line. And we're going to say to them, you know what, for the last 20 years we've been cleaning up your tracks and here's your bill. And every time we've asked you to pay it, every month or every 60 days we send you a bill, no response. I think they might think twice before they do stuff and then we'll start to get what we want. I don't know. You know what, there's -- if you read my article that was in the Biscayne Times and you see what wrote, which was kind of like a little offhanded in kind of the way talk, there is nothing that we, as Americans, cannot achieve if we put our mind to it, and we lack the will to make them put back onto those tracks a train that will take people from downtown Miami all the way to St. Augustine and all the way over to Orlando. And it's absurd that we don't use it, just absolutely absurd that it's not being used. And there's just nowhere else you should spend your money; the streetcar, that 250 million for the streetcar should be used for those tracks to put a commuter line. It goes right by where you want that other thing to go. And I don't know, I just see so much possibility, and I see us just twirling ourselves trying to figure out what we're going to do and it just is upsetting to me because it's there already. I mean, in some places it's 300 feet wide. And you're right -- there's also greenway money that's available, which I don't understand why nobody asks for it. The State of Florida, every time you buy a gallon of gas, money goes towards a greenway for soft path frains and soft path -- all kinds of interesting things that's in Tallahassee. And I don't understand why nobody's asking for the money, and that's a perfect place to put it. But you know what, I would start out by billing 'em. And you start billing 'em, they start thinking twice about how they handle certain situations. It's just an idea. Thank you very much for your time, gentlemen. Chair Sanchez: Thank you. Commissioner Sarnoff Apparently, Mr. Manager, the FEC corridor is owned by a hedge fund known as (UNINTELLIGIBLE) Investment and it's from New York City. So whoever we thought used to own it is owned by a hedge fund, which you know what that means. They should be asking for a bailout any day. All right, thank you, very much. And Mr. Manager, you know what, let's get that meeting. Let's see what we can do. Seems like when you blue page things, at least we got something cleaned up, and that's not a bad thing. D2.3 09-00001 DISCUSSION ITEM City ofMiami Page 108 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 DISCUSSION ABOUT PROVIDING AN EXTENSION TO THE VERY SUCCESSFUL LEGION PARK GREEN FARMERS' MARKET. THE LEGION PARK GREEN FARMERS' MARKET TAKES PLACE AT 65TH STREET AND BISCAYNE BOULEVARD AT THE WEST ENTRANCE TO LEGION PARK. THE MARKET IS OPEN ON SATURDAYS. THE ADMINISTRATION HAS BEEN IN THE PROCESS OF PREPARING A REQUEST FOR PROPOSALS AND/OR A REQUEST FOR LETTERS OF INTEREST. COMMISSIONER SARNOFF WOULD LIKE DISCUSSION AND A VOTE, IF NECESSARY, TO EXTEND THE AGREEMENT WITH THE CURRENT OPERATOR PAST JANUARY 31ST, 2009. COMMISSIONER SARNOFF REQUESTS THAT THE ADMINISTRATION TAKES ALL STEPS NECESSARY TO HASTEN THE RFP AND/OR RFLI PROCESS USING THE ADMINISTRATIONS CUSTOMARY PROFESSIONALISM. 09-00001 Email.pdf MOTION A motion was made by Commission Sarnoff, seconded by Commissioner Regalado, and was passed with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to authorize the extension of the agreement beyond January 31, 2009 with the current operator of the Farmer's Market at Legion Park until a Request for Proposals (RFP) process has been completed. Direction by Commissioner Sarnoff to the City Manager to explore the Parks and Recreation Department's ability to provide transportation services to Legion Park for children attending Morningside Elementary. Commissioner Sarnoff The last issue I have is with regard to Legion Park. We have the green market there. I have -- I would like to request or move for -- that the permit that they have now be extended until an RFP (Request for Proposals) has been prepared by the City and the RFP process has been completed and we can determine who the proper operator is. And for all of you that know, there is a green market up there that has been reasonably successful. Obviously, the new economy is somewhat disturbing it, but I'd like to allow them to continue to operate the way they've been operating, so I'll make a motion. Chair Sanchez: There is -- Commissioner Regalado: Second. Chair Sanchez: -- a motion and a second. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of your items. Commissioner Sarnoff Yeah. Just on a tangential, with Legion Park, Mr. Chair, I received a letter of January 14, Mr. Manager. It comes from an Eileen Botari. It's in regards to Morningside Elementary, the City ofMiami's Parks Department and the -- her need and the inability of the City ofMiami to bring the children from Morningside Elementary over to Legion Park. They're looking for a transportation opportunity there. I'd ask you to -- I'll give you this and ask you to explore that with the director, Ernest Burkeen. Pedro G. Hernandez (City Manager): Yes, I will, Commissioner. City ofMiami Page 109 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Sarnoff Thanks. END OF DISTRICT 2 City ofMiami Page 110 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 D3.1 08-01500 08-01500a District 3- Chair Joe Sanchez DISTRICT 3 CHAIR JOE SANCHEZ DISCUSSION ITEM DISCUSSION REGARDING FORECLOSURE PREVENTION/HOME PROTECTION INITIATIVES. 08-01500 Email.pdf DISCUSSED Discussion on the item resulted in the resolution below: RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISISON URGING THE ELEVENTH JUDICIAL CIRCUIT COURT OF MIAMI-DADE COUNTY, FLORIDA, TO ESTABLISH A RESIDENTIAL MORTGAGE DIVERSION PILOT PROGRAM; ENCOURAGING ALL MUNICIPALITIES IN MIAMI-DADE COUNTY TO ADOPT SIMILAR RESOLUTIONS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE CHIEF JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT COURT; REQUESTING THAT THE CITY OF MIAMI'S LOBBYING TEAM PETITION STATE AND FEDERAL BANK REGULATORS TO ADOPT RULES THAT WOULD ALLOW LENDERS TO OFFER NEW MORTGAGE TERMS AIMED AT HALTING RESIDENTIAL FORECLOSURES; AND DIRECTING THE CITY ATTORNEY TO FACILITATE THE ELEVENTH JUDICIAL CIRCUIT COURT IN THE CREATION OF A FORECLOSURE DIVERSION PROGRAM MODELED AFTER THE CITY OF PHILADELPHIA'S SUCCESSFUL INITIATIVE. 08-01 500a-Submittal-Commissioner Sanchez.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Regalado, Sarnoff and Sanchez Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0041 A motion was made by Commissioner Regalado, seconded by Chair Sanchez, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, requesting that the State's liaison and the City's lobbying team work with State Representative Julio Robaina regarding foreclosures and the inclusion of any prohibitions whereby independent buyers approved for bank loans will not be affected by liens of the condominium association. Direction by Chair Sanchez to the City Manager to analyze a similar foreclosure ordinance passed by the Miami -Dade County Commission in December, and report back to the Commission at its meeting currently scheduled for January 29, 2009 on how the City could effectuate said ordinance within the City ofMiami. Chair Sanchez: All right. Okay. My blue page item -- Mr. City Manager, I'm going to need you to listen to me -- pertains to foreclosure prevention and home protection initiatives that we're facing in our city due to our current economic crisis. The number of foreclosures in the state of Florida is rising, and let me tell you. There are a lot of people out there in our nation losing City ofMiami Page 111 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 their home. We have received money from the federal government, which has been $12 million, which really isn't enough to help all those that are out there possibly losing their homes in the near future. And there are really a lot of things that right now, when you focus on the things that are happening out there, I think the number -one issue is foreclosures, and I'll tell you why. Whether it's you who loses your home or not, it has an effect on all of us. If you drive around the community and you see all these homes that are, for one, being taken over by the banks, they're not occupied, they're abandoned, they become a nuisance to the neighbors. It really is infringing and destroying the quality of life in our neighborhoods. Now we could sit here and say, well, what can we do, and I think it's important that we focus on some of the things and learn from some of the other cities throughout the United States who have been successful in fighting this and helping those individuals work either through the court system or through the banking industry to fry to save their homes. What want to talk to you today it's about an issue that has been very successful in Philadelphia, and it's a program that was established in Philadelphia, and I have a resolution. This resolution, for the record, it's not an expense to the City, whatsoever. It's just encouraging the courts to look at this program that has been very successful. As a matter of fact, it's been so successful in Philadelphia that it's been able to save about 80 percent of the participants' property from further foreclosure. And looking at that program that we studied in Philadelphia, there's other things that are happening through the City, throughout the county, and throughout the state that we could tag on to make sure that we help those that are in the verge of losing their homes. One of them is the County passed an ordinance in December, which the Manager needs to look into and see how we could work with them, and basically, all it requires is that homes that have been foreclosed and are being held by financial institutions be inspected for Code violations, and those violations have to be disclosed to the buyers. And the reason, what's happening out there is a lot of the banks that are taking over these properties and are selling them in auctions or to the cheapest buyer, well, guess what, folks? Those people are buying those homes as is and they are inheriting these nightmares. How many times have we not had people that come in front of this Commission with those nightmares and say, well, I bought the property. Well, you bought the property; it's your responsibility. And those are the things that think we need to work at to prevent them from coming to this Commission with. So I think it's important, Mr. City Manager, that you look at that ordinance that was passed in the County and see how we could work with them. I know that the County's figuring out how the inspections could be done through private contractors hired by the bank so the burden does not fall on the taxpayers of the City ofMiami, and hopefully, we could remedy that situation. But once again, it is basically to allow the banks to disclose and estimate a cost of compliance when they sell their property. Now let's go back to that -- the resolution that has been very successful in Philadelphia, and I'm going to read the resolution that I'll present. Once again, it is not an expenditure to the City, I want to emphasize that. It is just an encouragement to the court systems here locally and for us to look at possibly supporting this resolution. It is a resolution of the City ofMiami Commission urging the 11 th Judicial Circuit Court of Dade County, Florida to establish a residential mortgage diversion pilot program, encouraging all municipalities in Dade County to adopt similar resolutions; directing the City Clerk to transmit a copy of the resolution to the chief judge of the 11 th Judicial Court -- Circuit Court, requesting that the City ofMiami lobbying team petition state and federal bank regulators to adopt rules that would allow lenders to offer new mortgages term aimed at halting residential foreclosures, and directing the City Attorney to facilitate the 11 th Judicial Circuit Court in the creation of a forfeiture diversion program modeled after the City of Philadelphia successful initiative. And I would make a motion and pass the gavel to Commissioner Sarnoff, to direct the City Attorney to look at this resolution. So move. Commissioner Regalado: Second. Comment? Commissioner Sarnoff Go ahead. Commissioner Regalado: I think it's important that we do this, and I really think that the foreclosure crisis is not even half over, but there is an issue, Mr. Chairman, that you might want City ofMiami Page 112 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 to also include in this resolution in terms of the lobbying team in the state. There are people that are trying to buy properties in condo buildings and town houses who have associations. Now, what is happening is that these people have impeccable credit numbers. And I know of a couple with over 700 ratio, both. They went to the bank. They got the loan in principal, said fine, you have tremendous credit. They placed 20 percent deposit in cash for the town house. And then the bank called them and said we can't give you the loan because the association has liens on several properties, and since you belong to the association, we have a liability, and you are a risk. So -- and we might need to foreclose on the association. And the only entity that can solve that would be the state. So I would recommend that you consider also including -- because none -- no condominiums, no town houses are being sold because of liens to the associations. And every association has a lien because every building has a foreclosure. So I think it's a -- it's something that you might explore with the lobbying team. Maybe Kirk Menendez can help because he has -- by the way, he has gotten support for our flooding project in Flagami, and I thank you very much, Mr. Manager, for that, and we need to thank Lopez-Cantera, Eric (UNINTELLIGIBLE), both representative of the City and Mr. Menendez for getting that through on the next coming session. But maybe we can direct him on the next regular session to work -- 'cause no condos will be sold, no town houses will be sold in the City ofMiami because every building has a lien. So thank you, Mr. Chairman. Commissioner Sarnoff The maker accept? Chair Sanchez: I would suggest that we keep them separately [sic] being that -- that being focused to the state and maybe you could represent, that I would support a resolution. This one basically just encourages the City Commission, strongly recommends that the 11 th Judicial Court review the program in the 1st Judicial District of Philadelphia and establish a similar program for the homestead property owners in Dade County, Florida, so I don't want to mix apples and oranges with the state. I think this one will directly -- Commissioner Regalado: It's fine. No, it's fine. I mean -- Chair Sanchez: And you could present -- Commissioner Regalado: -- we've got plenty of time. Chair Sanchez: All right. Commissioner Sarnoff All right, so we have a motion; we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Do you want to make a motion for yours? Commissioner Regalado: Yeah. A motion to get the liaison with the state and the lobbying team in order to work with State Representative Robaina, who has filed a bill regarding foreclosures, to include any provision whereby independent buyers will not be affected by the liens of the condo association, if they qualify for the loan by any bank. That would be the motion. Chair Sanchez: Second. Commissioner Sarnoff All right, we have a motion and a second. Any further discussion? All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 113 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Before we move on, Mr. City Manager, on the ordinance passed in December by the County, could you do research, have the -- our staff look at that ordinance, and then give us a report on February 29 [sic], and we'll explore it, debate it, and possibly even maybe look at that ordinance, and make sure it is on the agenda. Pedro G. Hernandez (City Manager): Commissioner, George Mensah from our office is already looking into it -- Chair Sanchez: Right. Mr. Hernandez: -- and I believe you meant January 29. We'll -- I think you said the 29th. That would be January, I think. Chair Sanchez: Yes. Mr. Hernandez: We'll come back with a report on our analysis of it and how we should move it forward within the City. Chair Sanchez: Okay. I would appreciate it. Thank you. Julie O. Bru (City Attorney): Mr. Chairman, ifI may, just a point of clarification. On the resolution that was just adopted pursuant to your discussion item, you've indicated in there that you're directing the City Attorney to facilitate with the 11 th Circuit Court. I am assuming that what you mean is you want us to network with other municipal attorneys, including those from Philadelphia, and facilitate with information to the 11 th Circuit as to that program, right? Chair Sanchez: Absolutely, because this is -- Bru: Okay. Chair Sanchez: -- not only being presented here. We're encouraging every other municipality to pass similar resolutions pushing for this. It's been very successful in Philadelphia. It could be very successful here too. Ms. Bru: Thank you. Chair Sanchez: You're welcome. END OF DISTRICT 3 City ofMiami Page 114 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 08-01543 DISCUSSION ITEM DISCUSSION CONCERNING THE CITY OF MIAMI'S ACTIONS REGARDING SMALL BUSINESSES IN MIAMI. 08-01543 MEMO.pdf DISCUSSED Chair Sanchez: Disfrict 4, Commissioner Regalado, your item. Commissioner Regalado: Thank you very much, Mr. Chairman. I guess it's recycling everything that we have been saying, economy, the economy, the economy. You know, remember that famous phrase after the '92 election, when George Bush, 41, lost to Bill Clinton. It's the economy in another word. So the economy is something that is driving everything in the United States. And of course, the emphasis of the Congress, the outgoing administration, the incoming administration is the small businesses, and the small businesses are the engine that drives this country. Eighty percent of all the business in the United States have 50 or less employees, and in the City ofMiami, I think that ratio will be larger if we start counting. So in Congress, there is a bailout for big business, but there is also today going on a project to help the small business, the mom-and-pop and the small businesses in the United States and independent and tax breaks and grants. Everything from A to Z has been planned to not only create more jobs but to save the jobs that still people have. And President-elect mentioned that the other day, that the goal of the first 100 days will be to save the jobs that people still have because, as you know, there were half a million people that lost their jobs during the month of December in the United States. So what is the City ofMiami doing? Well, we don't have money to bail out any business, and so there is not much we can do to help. But there is something that we're doing that is hurting the small business community in the City ofMiami. I have here three copies of notice of violation, the Department of Finance, inspectors. And they went to a pharmacy in Disfrict 4. They went to a small hardware in Disfrict 4. And I'm sure they have been going around everywhere. This pharmacy -- this particular pharmacy that they went to is on Coral Way and 17th Avenue. It has been with the same ownership for the last 39 years, same person. A lot of same old employees there. For 39 years, this pharmacy has been getting payment for bills of FPL (Florida Power & Light) and phone and Western Union and all that. You know, the old days people would go to pay the electricity bill. They couldn't do it online or -- so they go there, you know, workers, old people. For 39 years, maybe less, they have had a small ice box where they sell little cups of ice cream. Recently, in about the last 13 years, they had had an ATM (Automated Teller Machine) machine at their pharmacy, plus the medicine, plus what they sell. And they have been doing family business all the time. And so recently, January 2, this guy, the owner of Jorge's Pharmacy, Jorge (UNINTELLIGIBLE), began the year with an inspector from the Finance Department, and the inspector for the Finance Department cited -- gave him a notice of violation because this business did not had a valid business tax receipt or license for the ice cream machine, for the ATM, merchant retail telecommunications. This guy has -- and there are copies -- all the licenses needed, 2009. He pays on time; occupational license and medicine license, a state license, and all that. Never, never in their life he had been asked to have a license for the ice cream box or the ATM or to -- for the people to pay the bills. That's one. There is this small hardware in District 4 that make keys. They have a little place where they make keys. And same inspector from Department of Finance went there and issued a notice of violation, failure to do this, well, $500, and whatever, whatever. Because they didn't have license for a Coke machine, vending machine. They didn't have license for a key maker. And they didn't have license for wholesale prices. And they said, no, we don't sell wholesale, but sometimes somebody comes and buys two dozens, and we give them a better price. So -- and the inspector said, well, if you City ofMiami Page 115 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 don't sell wholesale, you have to paint over or get a license. So these are three new licenses. This hardware, by the way, has all the licenses up-to-date. Never anybody went there before in the last 22 years that they are established. Now, here's what they're going to do. The guy from the pharmacy most likely will get rid of the ice cream box, and they won't accept more payments for the FPL and the Bell system and AT&T (American Telephone & Telegraph). And he will fire the person that is getting the money for the bills. One employee down. The guy from the hardware will eliminate the key -making area and is going to get rid of the vending machine, so the person that makes keys and fill the machine with sodas will be fired. Mr. Manager, I'm sure that you have heard in the last days on the Gaza conflict, those two words that the military uses, collateral damage. You know, I know that the City needs money. I know that the government needs money. But this is the worst time ever to go after the business community in the City of Miami. And I would just like to -- I mean, I would ask you to stop this practice or at least give them six months. But I would like to understand. In difficult times, for the business community, you don't -- at least this is not what they're doing in the rest of the United States. You do not go and try to get more money from them in order for us to be able to maybe fix the street in front of that business. Maybe that's questionable. But -- so I just want to know who came up with the idea of this blitz 'cause I really want to nominate this person for the Nobel prize on economics 'cause it's the other way around. Which bring us to the Parks Department. We used to not charge for hundreds and hundreds of kids in the tennis program, and now we charge, but only for those who excel. Those kids who are better, we will be charging them. I thought that the good athletes get the scholarships instead of paying. I really don't agree with the philosophy. I mean, maybe -- maybe the Chicago boys were, you know, wrong all the time, but -- or supply side economics and all that, but I just cannot understand why are we doing this to small businesses. Pedro G. Hernandez (City Manager): Commissioner, on the issue of the tennis fees, it's something new, and I believe that we have stopped that. I talked to you a couple of days about it or maybe yesterday. My understanding is that we have stopped that. It's new, and the timing could not be worse. On the issue of the licenses -- Commissioner Regalado: And -- look -- and I really thank you very much because immediately you understood. And I thank you very much because the psyche of the United States is that the situation is bad and it's going to get worse. And you cannot tell a parent that was not paying for three children on the tennis program that they need to pay a small amount, $1.50 per hour, three hours a day. You can't do that, not on this moment, not on this time, not on this City. So, on the license. Mr. Hernandez: Right. On the issue of the licenses, they're not new. They've been in the books for a long time. My concern was whether we were going out of our way and doing a special effort or blitz to start collecting. I spoke to the director of Finance, who assures me that we're not, that this is just part of our normal yearly check on people that have licenses with the same number of personnel -- Commissioner Regalado: Excuse me. I will bring, with the permission of the Chairman, the two owners of this on the next Commission meeting. I will have it on my blue page. And they will testify under oath that they never were asked for a license for an ice cream box; never, ever before were asked for a license for an ATM on that particular. Never. And the inspector always went there, and they have copy of all the licenses here. So maybe it's an overzealous inspector. Maybe we are going to start charging for the air we breathe. We don't -- we might need more money, but I can tell you that this is not normal. I will bring them here. And I will ask the Chairman to allow it on the blue pages, testimony from the people. Mr. Hernandez: Commissioner -- Commissioner Regalado: I think that -- and by the way, Mariano was on my TV (Television) City ofMiami Page 116 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 program the other day reporting what several people in Allapattah, Commissioner Gonzalez, were saying of the same situation. Mariano Cruz: No. I (UNINTELLIGIBLE) to say that. I received the -- Mariano Cruz, 1227 Northwest 26th Street. I received the agenda. I wasn't going to come, but then I see in your blue pages again the licenses. And you know, it looks like the people in the ivory towers, the Commissioner or whatever here, the administration, the MRC, don't realize how the people live, how they work on 17th Avenue, the business, on 17th and 20th Sfreet. I give you three examples. On 20th Sfreet, every year, Valsan, (UNINTELLIGIBLE) Valdez used to contribute to our group, the Hispanic Society, United States Postal Service for things that -- this year they told us no, there is no donation to anybody. The sales are very bad, you know, Valsan, very bad. And you know how (UNINTELLIGIBLE) always contribute with everything over there for the community. I go 17th Avenue, 19th Terrace, 1924 Northwest 17th Avenue, Leo's Produce. He show me. He got six or seven licenses. The least one is $60. So he have retail sales, then on top of -- then retail sales, he got ice cream, cigarette (UNINTELLIGIBLE) license, another one for produce too, and the least one is $50-some besides paying a retail license. (UNINTELLIGIBLE) his business is parking on 19th Terrace there, been there like that for years and years. There is a guy came for the Off -Street Parking giving tickets to all the cars that were illegally parked there because they say that they park on the right-of-way. Whoever gets a ticket there don't come back to the business anymore because that's harassing the people. Now I go down 17th Avenue and 32 Street, Tom Tires. Tom is not a mom-and-pop business. It's a pop business, papi, 74-year-old man. Inspector Felix Borges come, you will be charged $500 a day. He doesn't explain why. He say you don't have a secondhand merchandise license. Secondhand, which is zoned for the pawn shops, but they give -- they treating -- all the tire places, they have secondhand tire, used tires. They don't have all that. But they have to pay -- on top of the retail license, they have to pay $305 extra; otherwise, they are in violation of whatever City Code, you know, City Code. You know, that's at this time when our tax money is bailingAlG, Lehman Brothers and all that. So for us, for the little guy, there is nothing. Commissioner Regalado: Thank you, Mariano. Well, I mean, I just asked him because he said that in one of my programs, and I remember -- but I'm telling you, Mr. Manager, we have a serious problems with the community because the perception -- You may say whatever you want to say, that this has been done forever; it's not true, at least not on these two businesses, maybe in the other 3,000, yes. In these three [sic] businesses, they were never asked, ever, every year, for an ice cream license or for a key -making license. And they were threatened that they will be fined $500 if by January 9, they don't have the new licenses. And you know, the sense that these people are getting is that the City doesn't care. It's hurting them. And they really would like to leave the City if they could, if they have someone who would -- I know for a fact that the hardware people are trying to sell the hardware to someone because they don't want to be anymore in the City ofMiami. And that's sad because, you know, we keep inviting everyone to come to the City. And I just don't understand. And you may say -- the Finance Director may say that this is the standard procedure. It's not. I will challenge anybody who says that these people were visited every year for the ice cream, for the key license, for the whatever, ATM license. They were visited for their occupational license. You have it? Yes, I have it in order. But never -- this is new. Maybe it's one inspector, maybe it's two. And you do whatever you want, but this is blood money. I am telling you that this is blood money. And it's wrong, what we're doing. We should be giving a break to the small business, not attacking the small business. Thank you. Mr. Hernandez: Commissioner, I agree that, you know, our role is to facilitate and to assist. I talked to the director. Maybe it's better if you put, you know, a few statements into the record, and then I'll pursue those specific cases to see what we can do. Commissioner Gonzalez: If I'm allowed, I have to say this because I have dealt with this situation for many, many years. Back when I worked in ABDA (Allapattah Business Development Agency), I started in ABDA doing facade, and through my work doing facade, part City ofMiami Page 117 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 of my work was to check the occupational licenses of every business that had applied for a facade improvement. And the issue of a business having multiple license is not new. Igo back to 1990, when -- and if you go to La Mia Supermarket, you will see that they have maybe 15 licenses. They have a license to sell cell phones. They have a license to sell cigarette and tobacco. They have a license to sell lottery tickets. They have a license to -- they have multiple licenses. Ifyou go to Valsan ofMiami, you have the same thing. Ifyou go to a hardware store on 20th Street, you look at their wall, and they have six or seven different licenses. So, you know, the issue of multiple licenses -- and remembering, Igo back to 1970s, when I had a coffee shop, and I had to have, that I remember, I had a CU (Certificate of Use), an occupational license for a coffee shop, and then I had to have a separate license for cigarette and tobacco, and I had one of those ice machines -- I mean -- yeah, ice machine, and I had to pay for an ice machine. We're going back to the '70s. I mean, this is not something that is being imposed on the City businesses now. And like I tell you, you know, you go to Allapattah and go to all of those businesses and look at their walls. Jensen Liquor, on -- in my district on 27th Avenue, they have a license for the liquor store, they have a license for the ice machines, they have a license for tobacco and cigarettes, they have a license for the ice machine, so, you know, I mean -- Commissioner Regalado: Commissioner, multiple license is not the issue. Commissioner Gonzalez: Yes, it is. According to -- Commissioner Regalado: No. Commissioner Gonzalez: -- what you're saying, it is. Commissioner Regalado: No, no, no. It's not the issue. Multiple license is not my complaint. My complaint is that the people that were visited were never enforced to have multiple license in the past, and they visited -- they -- this year, for the first time, at least that I know for, they never were asked for the other license. They have the occupational license, they have the retail license, they have the other licenses that they have. So like I said, you know, the Administration can say whatever they want, but what I'm saying is that the enforcement, the strict enforcement is done now, at the worst moment. Not last year or two years ago, when things were better. That's all I wanted to say. Commissioner Gonzalez: Well, but then the answer that you will probably get is the same answer that I used to get when I complained about an old couple having a little carport of a tent to cover their car being fined, and then other people not being fined for worse violations, and I was told, well, that's selective enforcement. So you know, you may get the answer that that could be selective enforcement, enforcing on some people and some people don't enforce it, so you know. Diana Gomez: Diana Gomez, Finance director. The Finance Department does have revenue inspectors who go out on a day-to-day basis based on different factors. If there's mail that gets returned in the mail undeliverable, we'll go out to that business to ensure that the address is correct, that the business is still there. We go out based on our reports of nonpayment. If people haven't paid their licenses, we go out to those businesses to see what's going on with the business and let them know that they do need to come into compliance. Or we just canvas the City in the normal course of operations. It is not a new blitz or anything that we're doing differently than we haven't done in the past. Regarding the licenses at those specific locations, the -- first of all, the City does not charge a license to collect utility bill payments. There is no license for that. There is a license for the wire transfer type, money transfer, which is like Western Union, and those license -- there does exist a license on that. The Finance Department is working with Western Union, actually, and going forward, Western Union will now start to begin covering the cost for those individual businesses to have that service provided in their facility. So that will be a charge -- a license fee that will not have to be burdened by the customer -- or the small City ofMiami Page 118 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 business any longer. It's something that Western Union will actually start paying. Regarding the other licenses, it is the business's responsibility, if they are conducting business, to report all the types of businesses that they are -- they have in that location, as well as applying for licenses if they, in fact, are due, the license is due. So why it hasn't been charged in the past? Because the business probably never reported that they were conducting that activity, and the inspector probably never saw the item, or I'm not sure how -- if they've even made it to that location in the past or not. I don't know that for sure right now. However, they will -- if the business is conducting the activity, they are required to apply and obtain the necessary licenses per the City Code. The ice cream license, we were talking about it, it's a $64 license to have that freezer. The ATM machine, it's a $94 license. The locksmith is a $40 license. The soda vending machine is $22. These are not exorbitant amounts that are being charged -- Commissioner Regalado: That's what you think. Ms. Gomez: -- for a business. Commissioner Regalado: That's what you think. Ms. Gomez: Okay. Commissioner Regalado: That's your opinion. Ms. Gomez: That is true. Mr. Hernandez: Commissioner -- Commissioner Regalado: To end. Commissioner Gonzalez: Yeah. The problem is -- Commissioner Regalado: You know, this is a dead-end street, so I'm not going to prolong more. Diana, can I give you this? You will see nine licenses that this pharmacy has, nine. Maybe they committed a crime and didn't report the ice cream box. Mr. Hernandez: Commissioner, there's something positive. In talking to the director a couple of days ago, she mentioned to me that they were looking into being able to wrap up some of the smaller licenses into the main license, right? To streamline. Ms. Gomez: We are going to look at the Code to see if there's any changes that need to be made to the business tax receipt code as well as we're doing an equity study to see if the fees that we are charging are, in fact, accurate for the businesses. Commissioner Gonzalez: But let me tell you, I agree with Commissioner Regalado, and when I spoke about these businesses in my district having the same problem, I was not trying to justify what is going on. I believe it's outrageous. For example, you go to La Mia and, you know, looking at a business that has to pay for, I don't know, 12, 15 licenses, that is outrageous. And when you look at a business like, for example -- and I don't want to use the name, but La Mia. Let's say La Mia. You know, they do huge amount of business, you know. Sixty-four license [sic] a year for that type of business, it might not represent anything, but when you take a little neighborhood pharmacy and you hit him with the burden of three or four occupational licenses and then the rent and then the light and then the phones and then the taxes and then the employees and, you know, to you -- have you ever owned a business? Ms. Gomez: No. City ofMiami Page 119 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Gonzalez: That's why you speak like that. I have owned small businesses, and let me tell you, my dear, sometimes it's pretty hard working 12 hours a day to make a decent salary - - not become rich -- make a decent salary, okay. So you have to own a business to know what owning a business is all about. Mr. Hernandez: Commissioner, we'll take a look at -- to see how we can include some of those incidental uses into the main license to reduce some of that, you know -- Commissioner Gonzalez: Yeah. There should be a miscellaneous type of license that -- Mr. Hernandez: That allows more things. Commissioner Gonzalez: -- encompasses, you know, some of these small operations because, let me tell you, how much money can a hardware store make on duplicating keys? How many keys do you duplicate everyday? Commissioner Regalado: One a day. He does one a day. Commissioner Gonzalez: One a day. Commissioner Regalado: One dollar and thirty cents -- Commissioner Gonzalez: And sometimes not even that. Commissioner Regalado: And the license costs -- Ms. Gomez: Forty dollars. Commissioner Regalado: Huh? Ms. Gomez: Forty dollars. Commissioner Regalado: Forty dollars. Commissioner Gonzalez: Forty dollars. Commissioner Regalado: So maybe -- Mr. Hernandez: But that's -- Commissioner Regalado: -- he'll make -- Mr. Hernandez: -- you know, the making of the keys is something that goes directly with the hardware store, so maybe it should be when they get their license, that's included. It should be. Chair Sanchez: All right. Mr. Hernandez: Well take a look at it. Chair Sanchez: Listen, so your recommendation -- or if anybody proffered a solution to it -- is that you're going to look at sfreamlining and possibly -- not only sfreamlining, but possibly simplifying the process too? Larry Spring: Larry Spring, chief financial officer. What we're doing, Commissioner, an entire -- a complete fee study is being done right now that'll be done in the next, I think, 60 days or so. City ofMiami Page 120 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 As part of our preparation for next year's budget, we'll be offering all of these things up to take a look at everything. So you can look at maybe you want to change the strategy of wrapping some of these different business licenses into one. You already did that with Solid Waste a few years ago, if you recall. We simplified -- because there was a new account charge and a per this charge, and all of that stuff and we wrapped it all into one. And we just need to bring it all -- as I said earlier today, we just need to give you the information, let's go through it, you make the decisions. All -- you know, kind of in one combined process, and that's what we'll be proffering. Mr. Hernandez: And the goal is to fry to simplify it, to streamline it, too. Chair Sanchez: Okay. END OF DISTRICT 4 City ofMiami Page 121 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City ofMiami Page 122 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 NON AGENDA ITEMS NA.1 09-00076 DISCUSSION ITEM BRIEF DISCUSSION REGARDING A PROCLAMATION OF CONDOLENCES FOR THE FAMILY OF THE LATE CITY OF MIAMI POLICE OFFICER DARRYL SMITH. DISCUSSED Chair Sanchez: We also take this opportunity and ask you to join me in a moment of silence for Officer Darryl Smith, who passed away. For those of you who knew Officer Smitty -- known as Smitty -- passed away at the age of 57, 57 years. I could honestly tell you that he was a great man, a man who never missed a day at work; and once we're done with this prayer and the pledge of allegiance, we will directing [sic] the City Manager and the City Clerk to prepare a proclamation for his family for his dedication and commitment to this City. NA.2 09-00079 DISCUSSION ITEM BRIEF DISCUSSION OF CONDOLENCES FOR THE FAMILY OF THE LATE JOSEPH GANGUZZA, WHO WAS A MEMBER OF THE CITY'S ZONING BOARD. DISCUSSED Commissioner Sarnoff Mr. Chair, if we could take a moment of silence equally for Joseph Ganguzza. Joseph Ganguzza served for many years on the Planning Advisory Board. He was the appointment from District 2. He's the beloved son of Joseph and Francis, and the father to Lisa and Joey, and husband to Carol. He was originally born in Englewood, New Jersey, but has served on this board for many, many years. All too often -- by the way, he was a very young man. I think he was 50 years old. And you always think you have enough time to meet people and get to know them, and I'm sorry to say that I didn't actually get to know my appointment that well, always thinking there was more time; and this just goes to show you sometimes you do need to take time out of your day to get to know those around us, or even just to get up and smell the roses, something I know I don't do enough of. But there is a Commissioner here that knew him pretty well, and if he would like to say a few words about Joseph, I think it'd be appropriate. Commissioner Regalado: Thank you, Commissioner, and thank you, Mr. Chairman. I think that for us -- those of us who watch the Zoning Board, saw in Mr. Ganguzza a voice of reason -- and for several years, he was a person that help guide the board and very active in the community; so I join you and the rest of the Commission in remembering him. NA.3 09-00080 DISCUSSION ITEM BRIEF DISCUSSION OF CONDOLENCES FOR THE FAMILY OF THE LATE SAM MASON, WHO WAS A MEMBER OF THE CITY'S EQUAL OPPORTUNITY ADVISORY BOARD. NA.4 09-00081 DISCUSSED Commissioner Regalado: I also, ifI may, want to remember Sam Mason. Sam Mason recently passed away. He was the chairman of the Equal Opportunity Board of the City ofMiami for more than five years, and he worked tirelessly for the City; and we have lost two good residents, board members in this year, so I join in her [sic] memory. Chair Sanchez: All right. Commissioner Sarnoff Thank you, Mr. Chair. DISCUSSION ITEM City ofMiami Page 123 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 BRIEF DISCUSSION OF AGENDA EFFICIENCY RULES FOR NON AGENDA ITEMS. DISCUSSED Chair Sanchez: Okay. Before we move to the consent agenda, I just want to bring something forward as a housekeeping matter from the Chair. One year ago I distributed a memo outlining the agenda efficiency rules for the Chair, which each of the Commissioners received. One of those rules clearly stated, "The Commissioner's pocket items are forbidden from taking any action that would spend City money or resources as a pocket item." Let me emphasize that the waivers of these fees also include Police, Fire, or Solid Waste; park use or any other kind of waivers cost money to the City and are prohibited in pocket items. To further clarify, a pocket item cannot even request in -kind services of manpower because that is a use of City resources. Now, there is an avenue for you to get these things done. The only thing that can be spent via pocket items is money from your account, Commissioner account, on a pocket item. If you bring a pocket item that has expenditure from your office account under `pocket item, " that's acceptable. If not, the only thing that we would ask is that you put it on your blue page to be put in front of the Commission for one, a vote, and two, to have the Administration and the Attorney have an opportunity to review those expenditures. It just makes common sense. It's good government and good practice. So in 209 [sic] this Chair will not allow the City Manager to place an item on the Commissioner [sic] agenda waiving fees, giving grants, or any other supporting -- paying for any event after the event has taken place. So in other words, don't fry to sneak it by me by saying that the event has happened and we got to pay for it. If you want to pay for it, you could either put it on a pocket item using your office account money, or you could put it on the regular agenda and ask for those to be waived. That's the only thing that we're asking for. And I think that the taxpayers of the City would like to see that, and I think it's just good government; so I ask this Commission to support me on that. And the reason why we do that is because I think, at the end of the day, those that are here and those that are watching us will know that there isn't any perception of anybody sneaking anything through or getting anything at the last minute that has not been reviewed by the Administration or the City Attorney; so I ask that you follow that, please. Okay. NA.5 09-00057 DISCUSSION ITEM Department of Employee Relations DISCUSSION REGARDING A SALARY FREEZE FOR ALL NON -CONTRACTUAL CITY EMPLOYEES. 09-00057a Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, PASSED by the following vote. Votes: Ayes: 4 - Commissioner Regalado, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, directing the City Manager to freeze all salaries for non -contractual City employees, effective the next budget year. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Regalado, Sarnoff, Sanchez and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, FAILED by the following vote. Votes: Ayes: 2 - Commissioner Regalado and Sarnoff Noes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones City ofMiami Page 124 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 failed, with Chair Sanchez, Vice Chair Spence -Jones, and Commissioner Gonzalez voting no, directing the City Manager to freeze all salaries for non -contractual City employees, effective immediately Chair Sanchez: Now on the subject that was put forth -- and we are elected by the people to legislate -- is there a motion directing the City Manager to freeze salaries in the next budget hearing? Commissioner Sarnoff So moved. Commissioner Regalado: Second. Chair Sanchez: Okay. There's a motion and a second. Motion has been made by Commissioner Sarnoff, second by Commissioner Regalado, directing the City Manager for the next budget hearing -- for the next budget period to freeze all salary increase in the City. All right. Commissioner Regalado: No, no. Not the union contracts. Chair Sanchez: Oh, you can't freeze the unions. You're talking about noncontractual -- Commissioner Regalado: Okay. Chair Sanchez: -- salaries. It's very clear. Commissioner Regalado: Just to be clear. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. City Manager, you've been given a directive by this Commission. Mr. Hernandez: Mr. Chairman, I just want a clarification on that directive, please. We're talking about effective right this minute, or are you talking about -- Vice Chair Spence -Jones: For the next budget hearing. Mr. Hernandez: -- for the 2010 budget? Vice Chair Spence -Jones: 2010. Commissioner Sarnoff I think it should be frozen as of today. Chair Sanchez: All right, so we're going -- Vice Chair Spence -Jones: Let me just -- Chair Sanchez: -- to need a motion to reconsider. Commissioner Sarnoff I'll move to reconsider. Chair Sanchez: All right. Second. There's a motion to reconsider. City ofMiami Page 125 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Regalado: Second. Chair Sanchez: It's second by Commissioner Regalado, and the motion is to effectively -- Vice Chair Spence -Jones: Commissioner Sanchez, with all due -- Chair Sanchez: Well, hold on. Vice Chair Spence -Jones: Let me -- Chair Sanchez: We'll debate it. Vice Chair Spence -Jones: I would like to have all five Commissioners sitting on the dais. Chair Sanchez: Well. Vice Chair Spence -Jones: How are we making --? I mean, we're like throwing stuff out in the air and -- Chair Sanchez: No. That's -- listen, that's -- it was -- Vice Chair Spence -Jones: Come on. Chair Sanchez: -- brought by Commissioners -- Vice Chair Spence -Jones: I know, but can -- Chair Sanchez: -- and we -- Vice Chair Spence -Jones: -- we just wait till Commissioner Gonzalez is here? I don't have a problem with freezing anything. Chair Sanchez: You're notgoing to be here this afternoon. Vice Chair Spence -Jones: No, I'm notgoing to be -- but this wasn't even on the agenda, so I mean -- Chair Sanchez: It wasn't on the agenda, but it was put -- it was presented by -- Vice Chair Spence -Jones: I understand that, but Commissioner Gonzalez is not here. No, I'm not going to be here this afternoon; that's why I'm trying to handle my items now, butt would like to be here to have the healthy discussion about it. God. Chair Sanchez: Well, the maker of the motion, do you withdraw to have all five Commissioners here, or do you still want to push forward with your motion? Commissioner Sarnoff I -- Mr. Hernandez: Commissioner, ifI may, Mr. Chair. I think that, you know, at this point in time, without any additional information available, it would be wiser or more prudent to say for the 2010 budget that we're now starting to prepare for, I can look to see what impacts would be if we were to do it at this point in time and discuss that with you. Commissioner Sarnoff You know, Mr. Manager, you know what this reminds me of? A person that says I'm going to go out on a diet, so let's go out to Joe's Stone Crabs tonight so I can put 10 City ofMiami Page 126 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 pounds on because I need to lose 30. That's exactly what the City taxpayers don't want. They don't want to see us create -- Vice Chair Spence -Jones: Yes. Commissioner Sarnoff -- put more weight on then -- and then say let's take some off. Chair Sanchez: All right. Commissioner Sarnoff So, you know, we now have five Commissioners -- Vice Chair Spence -Jones: Now we got five Commissioners. Chair Sanchez: Yes, we do. Commissioner Sarnoff -- so -- Chair Sanchez: All right. Vice Chair Spence -Jones: I mean -- Commissioner Sarnoff -- we can have the debate. Chair Sanchez: All right. We could have the debate, or we could have the vote. I think there's a motion -- Commissioner Sarnoff And by the way, let me correct something I said on the record. I was -- apparently was incorrect. There are property owners now waiting one and one half years to get before the Value Adjustment Board to have their taxes lowered. I was wrong; it wasn't five months. Chair Sanchez: Okay. The issue that we're being -- that's being debated in a very healthy and diplomatic way is that there's been a motion and a second to freeze, effective today, all salary increase that are noncontractual. In other words, if -- contracts are excluded, all right. That is the motion that's out there, so let's discuss it. Commissioner -- Pamela E. Burns (Assistant City Clerk): Mr. Chair. Chair Sanchez: Yes. Ms. Burns: I'm sorry. You had a motion directing -- to freeze salaries for the next budget period and you've approved that motion. Chair Sanchez: We made a motion to reconsider. Ms. Burns: Then you -- Commissioner Sarnoff We have to vote on it. Ms. Burns: -- made a motion, but you have not voted on the reconsideration. Chair Sanchez: Okay. Commissioner Sarnoff Let's vote on it. City ofMiami Page 127 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: The motion to reconsider was -- the motion was made by Commissioner -- Commissioner Sarnoff Sarnoff. Chair Sanchez: -- Sarnoff. Who second it? Commissioner Regalado second. Ms. Burns: Regalado. Chair Sanchez: Okay. All in -- Ms. Burns: Correct. Chair Sanchez: -- favor to reconsider? The Commission (Collectively): Aye. Chair Sanchez: So now the motion proffered by Commissioner Sarnoff and second by Commissioner Regalado is to the salary freeze, effective immediately, in the City ofMiami. That item is being under discussion -- discussed right now. Who wants to speak on the issue? Vice Chair? Vice Chair Spence -Jones: Okay. First of all, I'd like to -- I mean -- you know, Pm seeing -- Pm looking in this corner, and it looks like people are turning purple; so I would like to at least hear from Larry, and I'd like to hear from Hector; and Pm looking atMike's face, like yeah, you need to hear from us. Can either one of you guys step up to the mike because we'd like to make an informed -- Mr. Hernandez: You know, before they do it, I think -- Vice Chair Spence -Jones: -- and educated decision and not just make one because we just want to send a message. Mr. Hernandez: I want them to speak also, but at the same time, you have to realize that then you're taking an action against 10 percent of your workforce, many of whom basically have -- or maybe less? Unidentified Speaker: Yes. Mr. Hernandez: -- many of whom have similar jobs to junior employees who are going to be protected while the other individuals will not, and it's -- obviously, it's not just, and that's why I wanted to, in essence, look at the fairness of this; and it's not right. Larry. Vice Chair Spence -Jones: Okay. Larry, Hector, Mike, can you guys please step up on this issue? Larry Spring: Larry Spring, chief financial officer. I'll be the first person to get up on this podium and tell you Commissioners that -- and I've had briefings with you all recently about big things that are coming down the pipe [sic], butt want you -- this Commission to make decisions based on real information, real data, and not based on a discussion -- you know, a five-minute discussion that was had before this Commission. Yes, we're right, we do -- the time is going to come, the time is here for us to do the belt -tightening, do the cutting, doing the changing in how we run this organization. It is here. But, you know, the Manager already made the statement about fairness to the entire workforce. I would justget into the fact that I would prefer, before you make the decision, let's present the numbers to you so that you -- City ofMiami Page 128 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Larry -- Mr. Spring: -- can have it. Vice Chair Spence -Jones: Have a educated decision. Chair Sanchez: -- let me tell you something. We're setting the tone here. This is a policy issue. It's legislative body that will decide that. I think the message is that we're going to have to tighten our belts. The perfect storm is out there, all right. People need tax relief. Government has to do more with less, okay. Government cannot live beyond its means, very simple. And the message today is from this legislative body to the Administration is that better find ways to cut spending, better find ways to be more efficient; and we better start making some very tough decisions early on before the budget process because we know what's coming our way. Now I may agree that that may be the right thing to do, but I also want to make things and make my decisions -- and my thoughts need to be based on facts and information, so what I am prepared, if the votes are here or the votes aren't here, that we need to be briefed as exactly what are the consequences, where are we at in this process; how is the City going to tighten up its belt. We need all that information, and when we have all that information, I think it's going to be easier for us to make a decision. But I think the consensus up here is that that's going to happen. Now, whether they want to vote off -- they want to shoot from the hip, or we want to read the documents; get well educated on the issue and bring it back to this Commission, hopefully in 30 days, and make a decision, that'll be up to this legislative body. Commissioner Sarnoff Wait, wait. Commissioner Regalado: Mr. Chairman, ifImay? Chair Sanchez: Yeah. Commissioner Regalado: I don't think that we're shooting from the hip. I don't think that we need to be educated about what is going on in the economy. Chair Sanchez: Commissioner, not the economy; the City. Commissioner Regalado: Commissioner -- Chairman, the City depends on the economy. The income of the City is what makes the City works, and the income is about the economy. The income that we get from the gas tax will be reduced; you know that, because there's been no increase -- actually, there's been a reduction on the tax gas. The income that we get from the property taxes will be reduced. That's a fact. This is information. The thing about being fair and not -- this is the frend of the United States ofAmerica. What is going on now in General Motors and Chrysler and Ford is that the executives have frozen their pays, and the union workers keep getting what the contract said. What is happening in AIG and Morgan Stanley and other banks, you know that, is that the top executive are taking their cuts. God knows if they got a bonus or not, but they said they didn't. It is not about information. It is about what Congress is legislating. As we speak now, at this moment the Senate of the United States is discussing the bailout and the money that will be used; and this is not based in information. This is a policy decision that the U.S. Senate, the most exclusive club in the world, is taking in terms of how to use that bailout money. I don't think, Mr. Manager, that it's not fair. It's -- when there is an emergency, you take emergency measures; you declare the state of emergency. That is what governments do when -- in fact, you know that they have just declare a state of emergency in Washington, D.C. so they can have federal funding for the inauguration because it costed [sic] so much, so it's not about what's going to happen on Tuesday; it's what about is happening today. I don't think it's fair to say that we are doing something without information because we all know -- the five persons here watch TV (Television), hear radio, read the papers; we know what is going on and what is coming on, and we just need to start -- City ofMiami Page 129 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Vice Chair Spence -Jones: I know. Commissioner Regalado: -- right -- Commissioner Gonzalez: I watched TV and read [sic] the radio, but don't read paper. Commissioner Regalado: I'm sorry? Commissioner Gonzalez: I watch TV, read -- hear the radio, but don't read papers. Commissioner Regalado: Well, I mean, not too many people do in the United States anymore, but still, you get the same information; and you know, I mean, all of you guys are very well informed. Chair Sanchez: So we can clear this -- Commissioner Regalado: I just hope that we are not seen crazy people just doing irresponsible thing. This is the right thing to do now, today; and it just happened that we are dealing with a City Commission meeting twice a month, and this discussion needed to take place; and there was an opportunity, there was a door, there was a window, and it took place. It would have taken place maybe next Commission meeting without the same information that you're asking, so I just think it's unfair to say that we are being unfair. That's all. Vice Chair Spence -Jones: Thank you, Commissioner Regalado. Commissioner Sarnoff Mr. Chair. Vice Chair Spence -Jones: Mr. Chairman, can I just --? Chair Sanchez: Listen, first of all, we got to get some decorum here. We're on an item that just popped up. I think it's an item that makes -- basically, if we make common sense, we can put it on the agenda and have -- Vice Chair Spence -Jones: I'd like to make a motion -- Chair Sanchez: -- but -- Vice Chair Spence -Jones: -- that we bring it back -- Chair Sanchez: There's already a motion on the floor. The motion is made by Commissioner Sarnoff, second by Commissioner Regalado to move forward with that motion. We either have to vote it up or vote it down. The issue here is that nobody wants to start a state of emergency here in the City. I mean, we're not calling for that. Maybe the measures are there, but we're not calling for that. That's just very clear. But think we need to vote on one item and take up the other one because this is going to -- something that's going to be time-consuming. And you know what, as the Chair, let me just tell you something. I hate to go back in time in the City when we had Commission meetings like this. This is the beginning of the year. I wanted to have a smooth meeting, butl can see that we're not going to be getting cooperation on these items. I think it's important for us to run meetings that are well thought out, decisions are made with facts, and you know, we're -- you're better off making things and decisions that are intelligently [sic] than just for -- and I don't want to use the word because -- Vice Chair Spence -Jones: Political. City ofMiami Page 130 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Chair Sanchez: Yeah, I don't want to use that word because I think it's a shame that, you know - - I just don't want to use that word. Vice Chair. Vice Chair Spence -Jones: Okay. So you had -- you said -- I just want to follow your lead. Are you saying we had a motion and second. You want us to vote on that item? Chair Sanchez: Yeah. Let's vote on that item, and that is, effective today, there is a salary freeze in the City ofMiami. That's been -- Commissioner Sarnoff Well, can I comment on one thing? Chair Sanchez: Well, hold on. Hold on. Salary freeze on noncontractual -- Commissioner Sarnoff Right. Chair Sanchez: -- contracts, okay -- employment, okay. So do you want to elaborate a little bit and then we'll vote on it 'cause we're about -- Commissioner Sarnoff Sure. Chair Sanchez: -- I'm about to call the question on it? Commissioner Sarnoff You know, let me just tell you something. I am voting on this assuming, so I'm taking this as a stated fact. I will have very little fiscal savings to the citizens ofMiami. However, as a legislator and as a policymaker, you are making a clear decision and you are instructing the City that, as a matter of policy, you see the storm on the horizon. It's not hard for the other -- you know, we are so fortunate here in the City ofMiami -- we're not Broward County, we're not the State of Florida, we're not the State ofMaryland, where not ten minutes ago the governor of the State ofMaryland had to go before her legislative body and demand a thousand layoffs 'cause the money's not there. Our own state, so certainly Tallahassee, has just had to work through a $2.3 billion reduction; and it's just not hard to see -- Broward County just had to layoff a number of persons and people. There's no more games to be played. There's no more manipulation of budgets. You can't stop buying pencils. You are making a statement. No, you're not making a fiscal savings statement. Nobody up here should believe for one moment that you're going to save a taxpayer one red cent. However, you are making the statement you're not going to cost the taxpayers one more red cent. And if you don't think as a legislator you shouldn't be making that statement, go on the record now because every so often we've got to go in front of our electorate and we've got to face them and we have to say this is what we did for you as stewards of your money. And everybody up here is a steward of each district and the City ofMiami money. And you know what? The Administration is not stewards of the taxpayers' money. It is their job to truthfully spend that money as they see in the best interest of the City of Miami. It is our job to decide how much money, how much pain, how much taxes we're going to take from the citizens ofMiami. Chair Sanchez: Vice Chair, and then we're going to call the question. Vice Chair Spence -Jones: Okay. First of -- Chair Sanchez: We're voting on this item -- Vice Chair Spence -Jones: -- all -- Chair Sanchez: -- either up or down, but we're voting on it. Vice Chair. Vice Chair Spence -Jones: Okay. Let me just say this. City ofMiami Page 131 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Mr. Hernandez: It's the wrong message. Vice Chair Spence -Jones: Both -- Mr. Hernandez: I have -- Vice Chair Spence -Jones: Okay, can I make -- can I finish, Mr. Manager? Chair Sanchez: Vice Chair and then Mr. City Manager. Mr. Hernandez: Ifyou allow me 30 seconds? Vice Chair Spence -Jones: First of all -- not taking anything away from what you just mentioned in Maryland and in Florida and in Broward County, but I'm sure in all three of those instances, those individuals were well briefed and understood clearly what decisions they were going to make before they went and had -- and made any decision. It was not made in 30 minutes or 20 minutes before -- in the midst of a vote. So I don't -- let's not mislead the people. All I'm simply saying, in the midst of us making a decision, let's try to make an informed decision. I can't speak for your constituents, but I can speak for mine. And I can speak for mine by saying that they would want me to make an informed decision. I would want to be thoroughly briefed from the staff to have a true understanding of what kind of impact this is going to have; and not only that, you're talking about salary freezes. I mean, maybe we can freeze on some other items. Maybe we don't hire new people. I don't know, butt would like to hear the Administration give me those options without making a decision in 15, 20 minutes, and that does not mean I'm not being a good steward of the people's money. That means I'm just frying to make sure that I make an informed decision. That's what my residents and my constituents voted for me to do is to make sure that Spence -Jones gets as much information as possible before she makes a decision that could affect them. I don't want to have a situation, for instance, that my roads are not getting built in the district through Capital Improvement because we had to make a reduction 'cause guess what? They're going to be knocking on my door saying what happened, Commissioner? How could you make a decision like that without having all the information? Or the fact that now we're not going to be able to have all our (rash picked up because of whatever reason because we had to cut back on that, or my parks now are not going to have the programs that they need to have because we made a decision in 15, 20 minutes. Come on. Commissioner Sarnoff Commissioner, do you realize you're only being asked --? Vice Chair Spence -Jones: Listen, I allowed for you to talk, Commissioner Sarnoff, and you said what you had to say. All I'm simply saying is what is the issue with giving us time so that we make an educated and informed decision? That's what my constituents want. Commissioner Sarnoff My only comment was do you realize -- Chair Sanchez: Commissioner Sarnoff -- Commissioner Sarnoff -- you're only -- Chair Sanchez: -- you're out of order. Commissioner Gonzalez, you wanted to speak, and then we'll go back to you. Vice Chair Spence -Jones: This is crazy. Commissioner Gonzalez: All I can tell you is that we're going to have ample time to make freezes, to make cuts, to lay off people -- because let me tell you. Commissioner Sarnoff, you City ofMiami Page 132 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 mentioned the State. What the State did yesterday, okay, they affected social services, was one of the most affected people, and the education. I hope that there is the will in this Commission, when those people come to this chamber asking for support, that we have enough -- Chair Sanchez: We know the word. Commissioner Gonzalez: You know the word. Come say, you know what? We can't. You got to go back to Tallahassee, okay. Because you know what happen? Politicians and people that use a lot of -- people that demagogue, started playing with taxes, you know. The ex -Governor started cutting taxes and let's cut taxes because the people and the people and cut taxes and you know, let's give the money back to the people, and they got into the hole that they are now. They got in the hole because of the economy, because the construction stopped, because sales, because many, many ingredients, but they started playing this game years ago. Now what is going to happen, we're going to see all of these people coming down to this chambers because they can't afford to go to Tallahassee. And even if they go to Tallahassee, you know, they won't have a chance to see these representatives up there and these senators. They don't stand a chance. They're going to go and shoot at us. We are in the line of fire. You know, we're local. It's easy to get to City Hall. We are in the office everyday, five days a week. It's very easy to get to a Commissioner. It's more difficult to get to Tallahassee. So we're going to see a lot of these people coming down to City Hall asking for the money that has been cut by Tallahassee. So what I'm telling you -- and I agree with all the arguments that have been made in here. You know, there's some real dark moments coming to the City, and there will be the time where we're going to need to be able to be strong enough to say, you know what? Sorry, but we can't. We have to cut and we have to cut and we have to cut. That's reality, okay. Commissioner Sarnoff Commissioner, I -- Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff -- would suggest to you that by voting for this, the only thing you're doing is you are saying no further salary increases, not a hiring freeze. And I would suggest to you that if you have that hiring freeze -- I'm sorry, if you have that salary freeze, there will be other resource money available to you that would not be available to you if, in fact, you don't vote for this today. I know how much you care. I know your desire. I know your absolute dedication to the elderly feeding, and I absolutely applaud you on that. I have never, I think in one circumstance, not one vote, ever interfered with your ability to help the elderly, who are the first to feel the effects of any kind of budgetary constraints. Equally, children; I have never stood in the way of anyone's desire or hope to create child care because it gives a man or a woman an opportunity to find that job. And children are our future. You know, they make up 20 percent of our population, but they're 100 percent of our future. But -- Chair Sanchez: Mr. City Manager. Commissioner Sarnoff -- sorry. Chair Sanchez: Sorry, apologize. I thought you were done. Commissioner Sarnoff I'll let you know. Chair Sanchez: No. Go ahead. Commissioner Sarnoff But I'm suggesting to you that if we take this action right now and we say to this Administration, before you go on a diet to lose 35 pounds, don't put the extra 5 pounds on. That's what I'm saying. It's very clear. It's very easy. You really don't need to be seized with any more information because everything that Commissioner Spence -Jones is City ofMiami Page 133 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 concerned about, roads and whatnot, this isn't affecting it. This is actually helping it because what you're doing is you're saying to everybody we won't go any further out in terms of salary increases, but everyone else, all the money that there may be budgetarily [sic] coming back could go to do those projects. And you know, being in the private sector what, five out of eight days a week, you wouldn't believe how the private sector is hurting. And having been -- or -- and having the opportunity to represent 70 percent of the tax base of the City ofMiami, they're hurting out there, and they are looking for government to be responsive to them. Vice Chair Spence -Jones: Are we going to take a vote on this? Mr. Hernandez: Commissioner, I'll be quick. I know that the subject matter, on the surface, it appears logical and you would be tempted to jump into it, but there are many considerations that, with all due respect that I have for you, I ask that you take additional time to consider this. You could run into issues of salary compression, even in Fire and Police, that I think are critical. Yes, you're sending a message to the residents that you're going to be financially prudent. The savings will not be that great. You're targeting a small group of individuals who are the ones that, in essence, lead this city day to day and take it upon their shoulders to, in essence, move every initiative. The force that moves this city is the small group that you're, in essence, appear to be targeting, and I know that's not your intent. That's why I feel that it will be wise to take some additional time and better analyze this issue. Chair Sanchez: All right. We're going vote on the issue, Madam Clerk, that's presented in front of us. We would go with a roll call. Ms. Burns: Roll call on the motion. Commissioner Gonzalez? Commissioner Gonzalez: Motion to freeze salaries? Chair Sanchez: Yes. Ms. Burns: That's correct. Commissioner Gonzalez: No. Ms. Burns: Vice Chair Spence -Jones? Vice Chair Spence -Jones: No. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. And Mr. Manager -- Ms. Burns: Commissioner Sarnoff? Commissioner Regalado: Yes. Ms. Burns: Oh, I'm sorry. Commissioner Regalado: I'm [sic] just want to say something. I really think that you're implying that we're doing something irresponsible, and we're doing our job; and I am really sorry that you feel like this because the only thing left for us is to let you all guys vote. This is the only thing we can do. We trust you, butt really -- I am very sad that you think we're doing something irresponsible. You need to be in touch with the rest of the country because this is what is being done throughout all the governments in the United States. Thank you. I vote yes. City ofMiami Page 134 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 Commissioner Gonzalez: And let me say something about my vote. It doesn't mean that I might be willing to vote 'yes" -- Chair Sanchez: Yes. Commissioner Gonzalez: -- at the next Commission meeting. I need to have -- I need to get some information, okay? Vice Chair Spence -Jones: And I just want to ditto what Commissioner Gonzalez is saying because I don't also want the -- it to be the wrong impression that we're saying that a freeze is not necessary. All we're saying is that we want to make an informed decision, and not in 30 or 45 minutes, on an item that was not even on the agenda for discussion; so I just want to be very clear because I don't want that to be what's out there. That's not what this is about. Chair Sanchez: Commissioner Sarnoff. Ms. Burns: Continuing the roll call. Commissioner Sarnoff? Commissioner Sarnoff You know, Mr. Manager, I sit here and, for the life of me, I try to figure out what information could be provided to me that would judiciously change my vote; and I look at what I'm voting on. I am saying for the non -union people we have a salary freeze; didn't say anything about hiring freeze, didn't suggest budgets needed to be rolled back. It just meant that somebody who had an expectation of getting a 5-, a 3-, a 10 percent raise would not be receiving one this year. For the life of me, I sit here and I try to figure out how can I be wrong on that premise. And I just think -- and I think you're a great Manager. I think you're also a very good -- you're what is known in football as a "Player's Coach." You are very attuned and very plugged into your City employees, and ifI were a City employee on a day in/day out basis, I would want you as my Manager. You are a player's coach. However, our job as Commissioners is not to be the management that hires just the player's coach; our job is to set policy. There is a financial catastrophe looming for this City. We just haven't -- had not experienced it this fiscal year, but it's coming; and instead of allowing you to gain five more pounds and then go on a thirty -pound diet, there is no justification that I could think of in this world -- and I'll tell you what. At the next Commission meeting, you can have a motion to reconsider because that's what our rules provide. My vote is yes. Vice Chair Spence -Jones: Okay. Mr. Chairman, I just want to add on that Commissioner Sarnoff state -- again, making a decision based upon more information, to me, it should never be considered a wrong thing to do. I think that, you know, it is our duty to make sure that we have enough information; and if Commission Sarnoff you feel comfortable and confident in making that vote and making this decision based upon what you think is not really a big issue, I think that you should have the right to do that; and ifI have a decision to make that, you know, I feel like I need more information, it should be respected; so at the end of the day, you may think that it's -- your focus is maybe the 5-percent reduction -- or not reduction -- not having raises, the 5-percent raises right now; I may want to look at the situation and say maybe we need to freeze on these particular items. I just want to have that option, and that's what this discussion is about. Commissioner Sarnoff Won't be cutting out that option. Vice Chair Spence -Jones: Okay. So -- well, the issue is we don't want to -- I would not want to make a decision unless I was able to look at all of them, and that's what this is about for me. Ms. Burns: Chair Sanchez? Chair Sanchez: Thank you. First of all, the process which this has come to this Commission, I'm City ofMiami Page 135 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 a little disturbed by it. It's a very important item, and I do agree with the concept that we do need to freeze salaries and explore all the possibilities to be a more efficient government for the people we represent; butt would have felt much, much better if this, which is a very important item to all of us who legislative [sic] live in the City, that would have been on the agenda so the Administration would have an opportunity to review it; Legal would have had an opportunity to review it, and we could make an intelligent decision based on facts. If that process would have been done by this process, putting it through the agenda, I would probably support it; but based on how it was presented here, it's a little disturbing to me, and that's why I cannot support it today; so no. Now, it did not pass. I will pass the gavel and have the City Manager put it on the agenda for the next City Commission meeting to be properly discussed, properly debated, and properly voted on by this legislative body. So move. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: I have a motion and a second. All in favor of that item? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Anybody opposing? Chair Sanchez: Commissioner Regalado is present -- is not here. Vice Chair Spence -Jones: Okay, so this item passes, and we will have it on the next City Commission agenda. Ms. Burns: Is that the P&Z (Planning & Zoning) meeting, or is that the next regular Commission meeting? Chair Sanchez: Next regular Commission meeting. Vice Chair Spence -Jones: Okay. The only thing that -- okay. Can I -- can we officially adjourn this --? Chair Sanchez: At this time the City ofMiami Commission stands in recess. We shall be back -- is 3 okay? Vice Chair Spence -Jones: Three is fine. I just want to make sure -- Chair Sanchez: Three. Vice Chair Spence -Jones: -- that everybody's going to be joining us. We're already 30 minutes late. Chair Sanchez: All right. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, with Commission Regalado absent, to place the discussion of the freezing of salaries for non -contractual City employees as an agenda item for the City Commission meeting currently scheduled for February 12, 2009. Motion to Adjourn City ofMiami Page 136 Printed on 2/6/2009 City Commission Meeting Minutes January 15, 2009 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones absent, to adjourn today's meeting. City ofMiami Page 137 Printed on 2/6/2009