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HomeMy WebLinkAboutCC 2009-02-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, February 12, 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 February 12, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS 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...J" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez and Commissioner Regalado Absent: Vice Chair Spence -Jones On the 12th day of Februaly 2009, the City Commission of the City of Miami, 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 9:25 a.m., recessed at 10:23 a.m., reconvened at 10:42 a.m., recessed at 11:58 a.m., reconvened at 2:38 p.m., recessed at 4:43 p.m., reconvened at 4:52 and adjourned at 4: 59 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:28 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. Welcome to the February 12, 209 [sic] meeting of the City of Miami Commission being held here at our historic chambers. The members of the City Commission that are present today are Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner Marc David Sarnoff, and me, Joe Sanchez, as your Chair. Commissioner -- Vice Chair Spence -Jones would not be joining us today. Also on the dais we have our City Manager, Pete Hernandez, and our City Attorney, Julie O. Bru. Also with us our City Clerk, Priscilla Thompson, that's joining us. The meeting will be opened with a prayer, and then I'll have Commissioner Marc Sarnoff with a pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: We also have a letter; there are no Mayoral vetoes from the Mayor in front of us. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones Chair Sanchez: And we want to take this opportunity to approve the minutes of the following meeting. We need a motion to approve the meeting of January 15, 209 [sic]. That was a regular Commission meeting, and we need to approve those minutes. Commissioner Sarnoff. So move. Chair Sanchez: Is there a motion? Commissioner Regalado: Second. City of Miami Page 3 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: There is a motion by Commissioner Sarnoff, second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That concludes the items. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sanchez: For the record, Commissioner Angel Gonzalez will be joining us shortly. He is present. We do have a quorum. Also for the record, there are no presentations or proclamations to be issued today; is that correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That is correct. Chair Sanchez: All right. "[Later...]" Pedro G. Hernandez (City Manager): I do have some from the regular agenda that, if you want to, I can address now or -- Chair Sanchez: Let's -- Mr. Hernandez: -- after consent. Chair Sanchez: -- go ahead -- yeah, let's go ahead and take care of those on the regular agenda. These are items that you are requesting to be either continued or deferred. Mr. Hernandez: In this case they -- I have four items, and all four are to be withdrawn; and the items are as follows: PH 1, PH.2, RE.3, and RE.4, and they're all to be withdrawn. Chair Sanchez: All right. Could you repeat them, please, for the record? Mr. Hernandez: PH 1, PH.2, RE.3, and RE.4. Chair Sanchez: All right. Madam Clerk, PHI, PH.2, and RE.3 and RE.4 have been requested by the City Manager to be withdrawn. Ms. Thompson: It's been noted. Chair Sanchez: Okay. Any other items from the Commission? Any other items wish to pull? "[Later...]" Chair Sanchez: All right. PH.3 to PH.7 had been properly advertised for 10:30 a.m. We also have a 2: 30 p.m., properly advertised, which is PH.8, and that's the Coconut Grove Business Improvement District. We will deal with those at the appropriate time that it was properly advertised. Let's jump over to RE.1. Ms. Thompson: No. RE.1 and 2 have already been taken care of. City of Miami Page 4 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff: We passed -- we did -- Chair Sanchez: Okay. I was not aware. Commissioner Gonzalez: RE.1 and 2 are taken care. All you -- Chair Sanchez: All right. Commissioner Gonzalez: -- have left now is the -- Chair Sanchez: Board. Commissioner Gonzalez: -- board appointments -- Chair Sanchez: All right. Let's go through the board appointments. Commissioner Gonzalez: -- and Commissioner items. Chair Sanchez: Let's try to get through this agenda, and then we'll address the items that when the time comes that they were properly advertised. "[Later...I " Chair Sanchez: All right. Ladies and gentlemen, I believe that concludes the meeting; however, Madam Clerk, as always. Ms. Thompson: I have in my possession a resolution regarding a hearing on ordinances and resolutions concerning the enactment of the Comprehension [sic] Land Use Plan that we were supposed to consider. Mr. Hernandez: No. We're not bringing up that concern. Ms. Thompson: Thank you. Chair Sanchez: So this meeting is not adjourned. We just recess till 2:30. All right. Mr. Hernandez: Yes. Chair Sanchez: For the record, the City of Miami Commission stands in recess for lunch. We will be back at 2:30 for a properly advertised meeting, so we will see you back at 2:30. Enjoy your lunch. The City of Miami Commission meeting stands in recess. CONSENT AGENDA CA.1 08-01111 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT") IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND NEW CINGULAR WIRELESS, PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY ("LICENSEE") REGISTERED TO DO BUSINESS IN THE STATE OF FLORIDA, FOR USE OF APPROXIMATELY ONE HUNDRED NINETY TWO (192) SQUARE FEET OF ENCLOSED ROOF SPACE ("AREA") WITHIN THE CITY -OWNED PROPERTY City of Miami Page 5 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 LOCATED AT 400 NW 2nd AVENUE, MIAMI, FLORIDA ("PROPERTY"), ALSO KNOWN AS CITY OF MIAMI POLICE PARKING GARAGE, ON A MONTH -TO -MONTH BASIS, FOR USE AS A ROOFTOP ANTENNAE CELL SITE; AND PROVIDING FOR PAYMENT OF A MONTHLY USE FEE OF TWO THOUSAND, THREE HUNDRED AND FIFTY DOLLARS AND ZERO CENTS ($2,350), PLUS STATE OF FLORIDA USE TAXES, IF APPLICABLE, COMMENCING ON THE EFFECTIVE DATE OF OCTOBER 1, 2008 ("EFFECTIVE DATE"); FURTHER PROVIDING FOR A THREE PERCENT (3%) ANNUAL ESCALATOR IN MONTHLY USE FEES AND SECURITY DEPOSIT COMMENCING TWELVE (12) MONTHS FROM THE EFFECTIVE DATE; AND FURTHER AUTHORIZING THE CITY MANAGER TO CANCEL THE EXISTING REVOCABLE LICENSE AGREEMENT SIMULTANEOUSLY WITH ENTERING INTO THE AGREEMENT, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; FURTHER AUTHORIZING THE CITY MANAGER TO MAKE NON -SUBSTANTIVE AMENDMENTS TO SUCH AGREEMENT AS NEEDED IN FORM(S) ACCEPTABLE TO THE CITY ATTORNEY. 08-01111 Legislation.pdf 08-01111 Exhibit.pdf 08-01111 Summary Form.pdf 08-01111 Pre Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0052 CA.2 09-00055 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE Police CITY MANAGER TO EXECUTE A MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE MEMBER AGENCIES OF THE CHILD ABDUCTION RESPONSE TEAM, AND THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT, FOR AN ADDITIONAL PERIOD FROM JANUARY 1, 2009 THROUGH DECEMBER 31, 2010, TO CONTINUE TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO CONTINUING, MULTI -JURISDICTIONAL EFFORTS TO RESCUE ABDUCTED CHILDREN AND TO INVESTIGATE MISSING/ENDANGERED CHILDREN, SO AS TO PROTECT THE PUBLIC PEACE AND SAFETY, AND PRESERVE THE LIVES AND PROPERTY OF THE CITIZENS, AS DEFINED IN PART 1, CHAPTER 23, FLORIDA STATUTES. 09-00055 Legislation.pdf 09-00055 Exhibit.pdf 09-00055 Summary Form.pdf 09-00055 Letter.pdf 09-00055 Text File Report.pdf 09-00055-Summary Fact Sheet.pdf City ofMiami Page 6 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Samoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0053 CA.3 09-00056 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 23, 2008, PURSUANT TO INVITATION FOR BIDS NO. 08-09-013, FROM BARRETTO CONSTRUCTION CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 5-SIDEWALK REPAIR, PROJECT I, B-30377E," FOR A ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,700, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,700; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; 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. 09-00056 Legislation.pdf 09-00056 Exhibit 1.pdf 09-00056 Exhibit 2.pdf 09-00056 Exhibit 3.pdf 09-00056 Exhibit 4.pdf 09-00056 Exhibit 5.pdf 09-00056 Exhibit 6.pdf 09-00056 Exhibit 7.pdf 09-00056 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Samoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0054 CA.4 09-00058 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 23, 2008, PURSUANT TO INVITATION FOR BIDS NO. 08-09-014, FROM BARRETTO CONSTRUCTION CORP., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROJECT ENTITLED "DISTRICT 5-SIDEWALK REPAIR, PROJECT II, B-30377E," FOR A ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,700, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, ATTACHED AND INCORPORATED, WITH THE City ofMiami Page 7 Painted on 3/3/2009 City Commission Meeting Minutes February 12, 2009 OPTION TO RENEW FOR UP TO FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,700; ALLOCATING SAID FUNDS, FROM CAPITAL IMPROVEMENT ACCOUNT NO. 341330; 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. 09-00058 Legislation.pdf 09-00058 Exhibit 1.pdf 09-00058 Exhibit 2.pdf 09-00058 Exhibit 3.pdf 09-00058 Exhibit 4.pdf 09-00058 Exhibit 5.pdf 09-00058 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0055 CA.5 09-00059 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED JANUARY 15, 2009, PURSUANT TO INVITATION FOR BID NO. 120062, FROM J.E. HILL CONTRACTOR, INC. THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, TO PURCHASE, DELIVER, AND UNLOAD TYPE K TEMPORARY CONCRETE BARRIERS, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $113,280; ALLOCATING FUNDS FROM PROJECT NO. 19-110175, AWARD NO. 1471 AND ACCOUNT NO. 12000.191602.664000.0000.00000. 09-00059 Legislation.pdf 09-00059 Summary Form.pdf 09-00059 Tabulation of Bid.pdf 09-00059 Award Recommendation.pdf 09-00059 RFQ.pdf 09-00059 E-Mail.pdf 09-00059 Letter.pdf 09-00059 Grant Adjustment Notice.pdf 09-00059 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0056 CA.6 09-00060 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Parks and RECEIVED JANUARY 7, 2009, PURSUANT TO INVITATION FOR BID NO. Recreation 110079, FROM CARLON INC., D/B/A BROWARD NELSON FOUNTAIN City of Miami Page 8 Painted on 3/3/2009 City Commission Meeting Minutes February 12, 2009 SERVICE, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF BULK CO2 GAS ON A STAY FILL PROGRAM, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00060 Legislation.pdf 09-00060 Summary Form.pdf 09-00060 Tabulation of Bids.pdf 09-00060 Sourcing.pdf 09-00060 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0057 CA.7 09-00061 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED DECEMBER 29, 2008, PURSUANT TO INVITATION FOR BID NO. 108075, FROM FENCE MASTERS, INC., FOR GUARDRAIL INSTALLATION AND REPAIR, 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 AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00061 Legislation.pdf 09-00061 Summary Form.pdf 09-00061 Award Recommendation.pdf 09-00061 Tabulations of Bids.pdf 09-00061 Addendum NO.1.pdf 09-00061 Invitation for Bid.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0058 CA.8 09-00112 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF PARK RENTAL FEES, IN THE AMOUNT OF $340.89, FOR THE Marc David Sarnoff USE OF VIRRICK PARK, ON THURSDAY, FEBRUARY 26, 2009, FOR THE CASA VALENTINA VOLUNTEER AND DONOR RECOGNITION BREAKFAST EVENT. 09-00112 Legislation.pdf City ofMiami Page 9 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.9 09-00096 District 3- Chair Joe Sanchez R-09-0059 Chair Sanchez: So let's go ahead and go to the first item that was pulled for discussion by Commissioner Sarnoff which is CA.8. Commissioner Sarnoff. Thank you, Mr. Chair. Casa Valentino [sic], for those of us that don't know about it, is an organization that does something that fills a void. Casa Valentino [sic] is an organization that for women, when they reach the age of 18 years old, that are in foster care; provides them a transition period to allow them to continue to live in a -- sort of a housing situation that affords them the ability to continue their life skills and to better themselves by having further education. This is an actual place. They have a number of them, but the one in the West Grove is 3153 Mundy Street. The organization has, when it first started and, I think, to this day, never received any subsidies from any governmental entity. That means they're doing this completely on charitable donations. It's a truly extraordinary organization. It fills a void that government doesn't seem to understand or -- once you're 18 years old, you're in foster care, you're put out on the street; and I think everybody would agree that at 18 years old, many, many, many children -- and that's probably especially foster children -- are not prepared yet for the life skills necessary to get a job and to have a roof over their head; and this particular Casa Valentino [sic] organization affords them that opportunity. Chelsea Wilkerson is the new director of it. She is a very well-known person in the Grove, an extremely bright and articulate and hardworking woman. This is to waive the fees for them at Virrick Park. It's $340.89. It's not a lot of money. They'll be having a fundraiser at Virrick Park. I'd invite everybody to come. It's truly an extraordinary organization. And I invite everybody to visit 3153 Mundy Street to see a great reuse of a building that's very old and has been done 100 percent with private funding. So I would move CA.8. Chair Sanchez: Well, we'll go ahead and just move all the -- Commissioner Sarnoff. Okay. Chair Sanchez: -- agendas together. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING THE SECOND THURSDAY OF EACH FEBRUARY AS "ANIMAL CARE, RESCUE AND ADOPTION AWARENESS DAY" IN THE CITY OF MIAMI, FLORIDA. 09-00096 Legislation.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0060 Chair Sanchez: I had asked that CA.9 be pulled for discussion, and that consent agenda is a resolution declaring Animal Care Rescue and Adoption Day; and I think it's important that we recognize our responsibilities to take care of our pets as they bring so much joy to our lives. And these are not only pets that we adore, but these are cats and dogs and small pets and big pets that are today, with the economic crisis, as people are foreclosing their homes, a lot of these pets City of Miami Page 10 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 are being abandoned, and a lot of these pets are being left at places; and I could tell you from experience, I know of an area that a lot of cats have been abandoned out there, and there's an organization that's helping those cats to rescue them as they are left out in the Everglades; and that is certainly sad. So what this does is declaring the second Thursday of each February as Animal Care and Rescue and Adoption Day in the City of Miami. And what we're going to be doing in a few minutes is going outside to meet some of these organizations; they have some pets here to do that. But before that, I want to introduce certain great organizations that really do a tremendous job in our community, as they are truly the activists and the people that really are working hard to make sure that pets are well taken care of and not abused. And at this time I want to take the opportunity to present Dr. Sara Pizano of Miami -Dade County Animal Service is here, and also we have Xiomara Mordcovich who is here. Please come up and say -- Xiomara Mordcovich: Hi. Unfortunately -- Chair Sanchez: -- a few words as to what your organization does, and we thank you for everything you do. Ms. Mordcovich: We actually want to thank you for making this day awareness day. On behalf - - I'm here on behalf of Dr. Sara Pizano, who could not come today. She's in a Commissioner's meeting. My name is Xiomara Mordcovich, and as a pet owner and also as a member of Miami -Dade Animal Services, I think it's wonderful that the community's getting together to do this. Everyday, between 100 and 150 animals are abandoned at Miami -Dade Animal Services. That's over 34,000 animals a year. So it's very important that we all work together as this is a community problem, and it's also in the community, the solution, which is sterilization of our pets. Chair Sanchez: Thank you. We also have with us representation from Cat Network. They're here; if they'd like to come up and say a few words. Maria Gonzalez: Good morning. My name is Maria Gonzalez, and I'm one of the founders of the Cat Network; and I really want to thank you for having this wonderful idea. The Cat Network is dedicated to reduce the overpopulation of cats in the streets by spaying and neutering. This is Sylvia, and she's the president now of the Cat Network; and she would have -- say -- a few words to say. Sylvia Mora: Yes. I want to thank you all again for instituting this special day that means so much to the animal welfare community. I understand that there are so many pressing issues, given the current economic times, but we do appreciate the attention that's being brought to this situation; and we do thank you very much for it. Chair Sanchez: And we thank you for being here. We also have -- is Emily Marquez, executive director of the Humane Society, here? Great to have you here. Emily Marquez: It's great to be here. Chair Sanchez: Stephanie's also here with you? Ms. Marquez: Stephanie's right here. I actually -- on behalf of the board of directors of the Humane Society of Greater Miami Adopt a Pet, I want to thank the Commission, and I want to thank Commissioner Sanchez for making this possible today. It means a lot to us that the work that we do is recognized and, more importantly, that we can build awareness for the plight of homeless animals. I also want to thank the City of Miami because you have been the host of our Walk for the Animals for the last nine years, and you have granted as a home for this magnificent event. At the same time, the fact that we're able to do free spay/neuter programs in the City of Miami through your NET (Neighborhood Enhancement Team) centers has been City of Miami Page 11 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 wonderful; and we must recognize David Rosemond from the NET centers for a wonderful job done. I want to introduce Stephanie DeThomas, who's going to talk to you about the Walk for the Animals, which takes place next weekend. Chair Sanchez: Saturday, February 21, at Bayfront Park, yes. Ms. Marquez: You got it. Stephanie DeThomas: Yes. Thank you. Saturday, February 21, Bayfront Park, we are expecting more than 3, 000 people to come out to the Walk for the Animals. This is our ninth year. The City of Miami has allowed us to have it at Bayfront Park, so we're very excited to have it there again this year; and we invite you to come with your friends, your family, your dogs, and really help support us. It's our largest fundraiser of the year. Thank you. Chair Sanchez: We thank you. Do we have any other organization that's here that would like to address --? Yes, please. Allyson Warren: Good morning, gentlemen. My name is Allyson Warren. I work with a little group called Adopt a Stray. We're mostly in the northeast, but unfortunately, some of our rescuers pick up a lot of cats in the Grove area; really nice cats that seem to be dumped by some really nice areas, and they're starving. We work out of the PetSmart up in Aventura and in Pembroke Pines, but we adopt to people all over the place. We're a foster program, and we currently have over 450 animals in foster homes; and unfortunately, the more people that are losing their homes are leaving their animals in small cardboard boxes in the parking lots of stores like the PetSmarts, so that's why we're here. We have been extremely grateful for the anti -tethering ordinance and all the other attention that's being paid to the animal situation right now because it's terming. The number of dogs and cats that are being picked up in the streets now and dumped at other facilities is just unbelievable, and they're just going to die. There needs to be something of an interim basis, if we can all put it together, where there's a longer term facility for people who don't want to simply get rid of their animals but don't have a choice because they may be losing their home. So that's something that we're going to be making arrangements with, Commissioner Sanchez, your staff and all of the groups that you see with us here and some other groups to see if we can't put our heads together and come up with something that will also get us some grant money through the 501(c)(3) process. Chair Sanchez: And this is an issue of caring, and this is an issue that affects us all. As animals are being dumped and abandoned in our communities, it affects the quality of life in all our neighborhoods. And I can tell you that the only way that we're going to find a solution to this is to have people open up their hearts and take the opportunity to bring or adopt a pet into their family and provide not only love for that pet because that pet is also going to provide love to that family. So I wanted to emphasize on this because it is an issue that's affecting us all, and it's something that we need to do as a community to work together to provide and help those that cannot help themselves. So it is with great pride that I want to pass this legislation in full support and work with you, so I want to take this opportunity to thank you all for coming out here. Do you want to take a picture? If you could come up and take a picture. If my colleagues would allow a point of privilege for a picture, I would appreciate it. At this time I will pass the gavel to Commissioner Gonzalez and make a motion to approve a resolution of the City of Miami Commission declaring the second Thursday of each February as "Animal Care, Rescue and Adoption Awareness Day" in the City of Miami -- Commissioner Gonzalez: I have -- Chair Sanchez: -- so -- Commissioner Gonzalez: -- we have a motion. Is there a second? City of Miami Page 12 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 CA.10 09-00129 District 4- Commissioner Tomas Regalado Commissioner Sarnoff. Second. Commissioner Gonzalez: We have -- Commissioner Sarnoff Second. Commissioner Gonzalez: -- a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Chair Sanchez: All right. And at this time I'm going to ask Commissioner Gonzalez to go through -- continue with the agendas [sic]. We will step out and greet some of the pets that were not allowed at City Hall, and they're outside, so -- Commissioner Sarnoff• What do you mean, not allowed at City Hall? Chair Sanchez: They weren't allowed at City Hall. Commissioner Sarnoff Is there a rule here on that? RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO CO-SPONSOR THE CUBAN CLASSICAL BALLET OF MIAMI'S PREMIERE OF "CARMEN," AT THE GUSMAN CENTER ON SATURDAY, MARCH 28, 2009 AND SUNDAY, MARCH 29, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 00001.980000.882000.0000.0000. 09-00129 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.11 09-00130 City Manager's Office R-09-0061 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXTENDING THE HOURS OF SALE FOR ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES OF THE ICE PALACE, LOCATED AT 59 NORTHWEST 14TH STREET, MIAMI, FLORIDA AND KARU & Y RESTAURANT, LOCATED AT 71 NORTHWEST 14 STREET, MIAMI, FLORIDA, TO ACCOMMODATE VENUES ASSOCIATED WITH THE WINTER MUSIC CONFERENCE, FROM 5:00 A.M. -12 P.M. ON TUESDAY, MARCH 24, 2009, THROUGH MONDAY, MARCH 30, 2009, PURSUANT TO CHAPTER 4/ARTICLE 1/SECTION 4-3, ENTITLED "ALCOHOLIC BEVERAGES/IN GENERAL/HOURS DURING WHICH SALES ALLOWED; SUNDAY SALES." 09-00130 Legislation.pdf 09-00130 Summary Form.pdf City ofMiami Page 13 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0062 Adopted the Consent Agenda Motion by Chair Sanchez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones END OF CONSENT AGENDA Chair Sanchez: And now we move on to consent agenda. For the record, Commissioner Gonzalez has joined us. We'll go ahead and go with the consent agenda. Mr. City Manager, any consent agendas you would like to be pulled or --? And then we'll go to the Commission for any items that need to be pulled for discussion. Pedro G. Hernandez (City Manager): Commissioner, I have no items to be pulled from the consent agenda. "[Later.. ]" Chair Sanchez: Let's just go ahead and -- back to the agenda, and then we'll go back to the regular Commission meeting and see if anyone wants to either withdraw -- Commissioner Sarnoff: Just -- Chair Sanchez: -- or continue. Commissioner Sarnoff: Mr. Chair, just on the consent agenda, number 8 just for discussion. Chair Sanchez: All right. Number 8 is being pulled by Commissioner Sarnoff for discussion. Any other item from any other Commissioners? I would like to pull PH (Public Hearing) -- CA.9 for discussion, all right. "[Later...J" Commissioner Gonzalez: All right. We need a motion to approve the balance of the consent agenda. Chair Sanchez: So move. Commissioner Sarnoff: So -- Commissioner Gonzalez: We have -- Commissioner Sarnoff: Second. Commissioner Gonzalez: -- a motion. Is there a second? Commissioner Sarnoff: Second. City of Miami Page 14 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Gonzalez: We have a second. All in favor, say "aye. The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. City of Miami Page 15 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 PH.1 08-01523 City Manager's Office PH.2 08-01545 City Manager's Office 10:30 A.M. PH.3 09-00063 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) 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 WITHDRAWN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/STHS) 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 WITHDRAWN A sign language interpreter translated discussion of Items PH. 3 - PH. 8. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT'S PROPOSED NEIGHBORHOOD STABILIZATION PROGRAM POLICIES, AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO MAKE ANY NECESSARY CHANGES AS MAY BE PROMPTED BY CHANGES IN THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT City ofMiami Page 16 Painted on 3/3/2009 City Commission Meeting Minutes February 12, 2009 REGULATIONS, NOTICES OR CLARIFICATION MEMOS FOR SAID PROGRAM. 09-00063 Legislation.pdf 09-00063 Exhibit 1.pdf 09-00063 Exhibit 2.pdf 09-00063 Exhibit 3.pdf 09-00063 Summary Form.pdf 09-00063 Public Notice.pdf 09-00063 Pre Legislation.pdf 09-00063 Pre Legislation 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0065 Chair Sanchez: All right. The City of Miami Commission is back in order after a short recess. We're going to take up items PH.3 to PH 7. We do have a translator? Priscilla A. Thompson (City Clerk): Yes. Chair Sanchez: Okay. The items have been properly advertised for 10:30 a.m. We're going to go ahead and start with PH.3. Sir, you're recognized for the record on PH.3. George Mensah: George Mensah, director of Community Development. PH.3 is a resolution of the Miami City Commission accepting the City's Neighborhood Stabilization Program policies, as described in Exhibit A; authorizing the City Manager to make any necessary changes as may be prompted by changes in the Department of Housing and Urban Development regulations, notices or clarification memos for said program. Commissioner, as you know, last November you approved the NSP (Neighborhood Stabilization Program) plan for -- to HUD (U.S. Department of Housing and Urban Development); HUD approved the plan, and this is the implementation policy that I promised; and this goes in detail how the City will implement the program. One qualification, though, is the fact that HUD -- under our plan, we had indicated that priority will be given to areas of greatest needs and that -- which basically means that we can go anywhere in the City; however, we will concentrate our efforts in the areas of greatest needs. HUD came back and indicated to us that their requirement is that before we can go to areas of greatest needs, we have to seek the approval of HUD, so that is the only change that I want to put on the record between this implementation policy and the policies -- the plan that you approved on November. Chair Sanchez: All right. Is there a motion on this item? Commissioner Sarnoff So moved. Chair Sanchez: There is a motion by Commissioner Sarnoff Is there a second? Commissioner Regalado: Second for discussion. Chair Sanchez: Second. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, and it comes back to the Commission for discussion. Commissioner Regalado, you are recognized for the record. City of Miami Page 17 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Regalado: Thank you, Mr. Chairman. This is the program that we are all waiting for, so would this include the committee? Mr. Mensah: Yes. The plan includes the formation of the NSP taskforce, which, on November 18, the Commission directed us to do. Commissioner Regalado: Okay. When would they start meeting? Mr. Mensah: They will start meeting immediately, as soon as we -- this plan is approved and if we get all the committee members from the Commissioners and the Mayor and the Manager. Commissioner Regalado: But is it a deadline and timeline to meet? Because you requested the appointees several weeks ago, correct? Mr. Mensah: Yes. About a week and a half ago, I believe it is. Yes. Commissioner Regalado: I'm sorry? Mr. Mensah: About a week and a half ago. Commissioner Regalado: Okay. So we don't have all the committee members in place yet? Mr. Mensah: No, we don't have all the committee members established yet. Commissioner Regalado: Okay. Mr. Mensah: I will ask staff to follow up with the Commissioners' office to ensure that we get them appointed as soon as possible. Commissioner Regalado: The other thing is that, as you know, all the City is suffering from foreclosure. The latest foreclosure figures this morning from Broward is 4,000 and some in the month of January from Miami -Dade. We haven't had the opportunity of knowing what it is, but 1 in every 299 houses is in foreclosure in the United States, as we speak today; and, of course, there is abandoned properties and all that. However, in this plan that you have presented, one district have been completely left out of the map of priorities; so the question is what can we do? Mr. Mensah: Commissioner, as I indicated to you, what we will do -- the requirement is that we seek the approval of HUD, and I -- in this plan is the criteria which we use to be able to go approve -- seek approval from HUD. I indicated that if we have a property which is outside of areas of greatest needs, which means the criteria that will be established, and a very good example is sometimes you have a block, a very good block; the homes are well kept, but you have just one house on that block which is abandoned or foreclosed, and it's an eyesore to the community. That one house can bring down the value of properties on that particular block. This particular house, we would then go and seek approval from HUD to be able to work on this particular house, given whether it's in the areas of greatest needs or not. So those are the criteria that I will use to be able to go outside the areas of greatest needs. It's just one step, one bureaucratic step, but we are committed to take that step to ensure that we can go anywhere in the City. Commissioner Regalado: But is it not more easier to get a blanket approval or waiver from HUD under the circumstances now? Mr. Mensah: Well, that's not what the -- the criteria was to you to get the area of greatest needs that is (UNINTELLIGIBLE). If we get a new waiver, it means that -- I mean, it -- we then have to get probably the whole city as area of greatest needs, which they didn't allow us to do. So what City of Miami Page 18 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 we can do is we can come back and adjust our plan. I'll probably ask staff to talk to HUD and see if HUD will allow us to declare the entire city as area of greatest needs. If that is the case, then we will come back to the City Commission and seek -- and do a new amendment. The problem, though, is that we only have $12 million. We know that the need is there. We have 18 months to obligate the money. So the more we try to delay the implementation, we're going to run into problems where the money will go back to the federal government. This is what we're trying to avoid. Commissioner Regalado: For the record, you know that one complete district was left out? Mr. Mensah: As you know, when we talked about it, that it wasn't intentional; it was the numbers that dictated where the areas of greatest needs goes. Commissioner Regalado: Okay. Mr. Mensah: Thank you very much. Commissioner Regalado: Thank you. Chair Sanchez: Any further questions on this item? All right. I think we need to make sure that this is crystal clear: these dollars are not to save mortgages; they are to save neighborhoods. Mr. Mensah: Yes. Chair Sanchez: Okay. The Commissioner has made a good point. When you look at the map, I would say that he's not the only district that's left out. There are other districts that have been left out. Certain districts are benefited from this because of the situation. However, we have a citywide crisis on this issue. Mr. Mensah: I agree with you, Commissioner. Chair Sanchez: Because I can clearly stand here and say that every Commissioner can make a valid argument and a valid point as to the foreclosure situation that's affecting our City, and when these homes fall under foreclosure and the banks are taking them over, some of these banks are not meeting their responsibilities; and then those banks are walking away from their responsibilities and the neighborhoods and the neighbors are paying for it. I speak from experience, and I'm sure that all the Commissioners here have an experience in their district as to this. So I, too, would like to see somehow -- I know that every time we get money from HUD -- and I agree with you, George -- it's 18 months, $12 million; use it or lose it, just like the stimulus plan's going to be. Mr. Mensah: Yes. Chair Sanchez: We can't be having -- you know, wasting time. We have to move forward on this. But I would also ask you to go to the mat with HUD and see if you could serve some of the other districts that are outside of the target area, such as mine, such as Commissioner Gonzalez, such as Commissioner Regalado's, and such as Commissioner Sarnoff; and I just wanted to state that -- Mr. Mensah: Okay. Chair Sanchez: -- to you, and I know we've had several meetings on this. I think the concern that has been expressed here is the concern of all of us. Mr. Mensah: I appreciate that, Commissioner. And we hope that the task force that has been City of Miami Page 19 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 PH.4 09-00064 Department of Community Development formed, which is comprised of representative from each district, will help us be able to identify such properties and be able to seek (UNINTELLIGIBLE) waivers from HUD. Chair Sanchez: All right. Any further discussion on this? I think the public hearing has been open and closed. It comes back to the Commission. 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS TO PURCHASE AND/OR LEASE REAL PROPERTIES LOCATED WITHIN THE CITY OF MIAMI, PURSUANT TO TITLE III OF DIVISION B OF THE HOUSING AND ECONOMIC RECOVERY ACT 2008, FOR THE PURPOSE OF ASSISTING IN THE REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES UNDER THE EMERGENCY ASSISTANCE FOR REDEVELOPMENT OF ABANDONED AND FORECLOSED HOMES, A/K/A NEIGHBORHOOD STABILIZATION PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), WITH FUNDS AWARDED TO THE CITY OF MIAMI BY HUD, IN THE AMOUNT OF $12,063,702, FOR AN EIGHTEEN (18) MONTH PERIOD, FOR SAID PURPOSE. 09-00064 Legislation.pdf 09-00064 Summary Form.pdf 09-00064 Public Notice.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Samoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-09-0066 Chair Sanchez: We go to PH.4. PH.4 is also a resolution from the Department of Community Development. You are recognized for the record as to PH.4. George Mensah (Director, Community Development): Mr. Chair, PH.4 is a resolution giving expressly the permission to the City Manager to be able to enter into contract and purchase properties under the NSP (Neighborhood Stabilization Program) program, and these will be -- these properties will be in accordance with the NSP guidelines using only NSP funds. Chair Sanchez: All right. Okay. The resolution, need a motion and a second. Commissioner Sarnoff So move. Chair Sanchez: The motion is made by Commissioner Sarnoff -- Commissioner Gonzalez: Second. Chair Sanchez: -- second by Commissioner Gonzalez. Before we open it up for discussion, City ofMiami Page 20 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 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. Discussion on the item. If there's no discussion, George, this is basically allowing us to work with nonprofit agencies, developers -- Mr. Mensah: Yes. Chair Sanchez: -- so the City does not end up holding the land or owning land? Okay. Mr. Mensah: Yes. The plan ensures that we -- the first line of implementation will be the use of nonprofits and developers to ensure that the City does not end up holding title to the properties. However, I also want to state that since you have only 18 months to commit these funds, should in case the for profit community and the nonprofit community are unable to purchase the properties with funding from us, then the City can come in and purchase the properties. At the end, the management of these properties will be turned over to nonprofits. Chair Sanchez: All right. Under this scenario, let's say that we end up purchasing a land. Mr. Mensah: Yes. Chair Sanchez: All right. Under this agreement, this authorizes the City Manager to do the purchase without approval from the Commission; correct? Mr. Mensah: That's correct. Chair Sanchez: By Charter the Commission has to approve all land purchases, is that correct? Mr. Mensah: That's correct, I think. Denise Wallace (Assistant City Attorney): That is correct. Chair Sanchez: Okay. So, therefore, we would be allowing the City Manager to make -- purchase the land without approval from us, or would he come back and rat fy it? How would that work? Ms. Wallace: Well, how it's anticipated by what Community Development has presented is that the City Manager, because of the short time frame, would have to enter into contracts, but CD (Community Development) would be presenting a list of properties that they have identified for the City Manager to purchase. Chair Sanchez: So you're basically asking for an exception -- Ms. Wallace: Yes, we are. Chair Sanchez: -- for the $12 million only? Mr. Mensah: Yes. Ms. Wallace: Yes. Only for the funds that are received through the NSP program. Chair Sanchez: And the reason for that would be for what, fast -tracking the process? Mr. Mensah: Yes, Commissioner. Ms. Wallace: Yes. City of Miami Page 21 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 PH.5 09-00065 Department of Community Development Chair Sanchez: All right. Okay. Any further discussion on the item? If not, it is a resolution. There's been a motion and a second. The public hearing has been opened and closed. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT PALMETTO HOMES OF MIAMI, INC., AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM AUGUST 20, 2008 TO DECEMBER 31, 2009, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 20, 2009 TO DECEMBER 30, 2010, ON THE PROPERTY LOCATED AT 6005 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, AND AN EXTENSION OF TIME TO COMMENCE CONSTRUCTION FROM AUGUST 20, 2008 TO DECEMBER 31, 2009, AND TO COMPLETE CONSTRUCTION FROM DECEMBER 20, 2009 TO DECEMBER 30, 2010, ON THE PROPERTY LOCATED AT 1461 NORTHWEST 60TH STREET, MIAMI, FLORIDA (COLLECTIVELY "PROPERTIES"), AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTIES FROM THE CITY OF MIAMI TO PALMETTO HOMES OF MIAMI, INC., AND ANY NECESSARY DOCUMENTS, FOR SAID PURPOSE. 09-00065 Legislation.pdf 09-00065 Exhibit .pdf 09-00065 Summary Form.pdf 09-00065 Public Notice.pdf 09-00065 Letter. pdf 09-00065 Pre Legislation.pdf 09-00065 Exhibit A.pdf 09-00065 Quit -Claim Deed 1pdf 09-00065 Quit -Claim Deed 2.pdf 09-00065 Map.pdf 09-00065 Corporation. pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0067 Chair Sanchez: We move on to PH.5, which is also a resolution. George Mensah (Director, Community Development): PH.5 is a resolution authorizing the City Manager to extend the construction commencement date for a green building project to be built by Palmetto Homes on properties located at 1461 Northwest 60th Street, Miami, Florida; and this is just because of the fact that he's doing a green project and he needed approval from Miami -Dade County on some of the elements that he's planning on using for the houses. City of Miami Page 22 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 PH.6 09-00066 Department of Community Development Chair Sanchez: Okay. Need a motion. Commissioner Sarnoff: So moved. Commissioner Gonzalez: Move it. Chair Sanchez: Motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Before we open it up for discussion, anyone wishing to address PH.5, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any discussion on this item? Hearing no discussion 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), AUTHORIZING THE CITY MANAGER TO EXTEND THE CLOSING DATE OF THE SALE OF THE PROPERTY LOCATED AT 1477 NORTHWEST 60TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, BETWEEN THE CITY OF MIAMI AND PALMETTO HOMES OF MIAMI, INC., FROM DECEMBER 31, 2008 TO DECEMBER 31, 2009; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE PURCHASE AND SALE AGREEMENT, PURSUANT TO RESOLUTION NO. 08-0334, ADOPTED JUNE 12, 2008. City of Miami Page 23 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 09-00066 Legislation.pdf 09-00066 Exhibit.pdf 09-00066 Summary Form.pdf 09-00066 Public Notice 1pdf 09-00066 Letter.pdf 09-00066 Pre Legislation 1pdf 09-00066 Pre Legislation 2.pdf 09-00066 Purchase Agreement.pdf 09-00066 Attachment 2.pdf 09-00066 Pre Summary Form 1pdf 09-00066 Public Notice 2.pdf 09-00066 Public Notice 3.pdf 09-00066 Text File 1pdf 09-00066 Attachment A.pdf 09-00066 Attachment C.pdf 09-00066 Text File Report 2.pdf 09-00066 Exhibits.pdf 09-00066 Special Warranty Deed.pdf 09-00066 Maps.pdf 09-00066 Purchase Agreement 2.pdf 09-00066 Pre Legislation 3.pdf 09-00066 Exhibit A.pdf 09-00066 Purchase Agreement 3.pdf 09-00066 Maps 2.pdf 09-00066 Corporations.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0068 George Mensah (Director, Community Development): PH 6. Chair Sanchez: PH 6. Mr. Mensah: PH 6 is the third property associated with the green project. On this property we have a purchase and sale contract with Palmetto Homes to build the green building project, and this is to extend the time that he is needed to close on those -- on that property from December 30, 2000 -- December 31, 2008 to December 31, 2009. Chair Sanchez: All right. Commissioner Sarnoff So -- Chair Sanchez: Motion by -- Commissioner Sarnoff. -- moved. Chair Sanchez: -- Commissioner Sarnoff second by Commissioner -- Commissioner Gonzalez: Yeah -- Chair Sanchez: -- Gonzalez. City ofMiami Page 24 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 PH.7 09-00067 Department of Community Development Commissioner Gonzalez: -- second. Chair Sanchez: Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing comes back for discussion. Just for a point of clarification, Palmetto Home [sic] -- Mr. Mensah: Yes. Chair Sanchez: -- it's no fault of theirs for this extension, correct? Mr. Mensah: Yes. Chair Sanchez: It is basically because they volunteered to do a -- Mr. Mensah: A green building. Chair Sanchez: -- green project. Mr. Mensah: Yes. Chair Sanchez: The roof is being tied up at the County for the approval -- Mr. Mensah: Yes. Chair Sanchez: -- so no way does it reflect on them being the cause of the delay. Mr. Mensah: I agree. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO GRANT ALLAPATTAH COMMUNITY HOUSING II, INC., AN EXTENSION OF TIME TO COMPLETE CONSTRUCTION FROM DECEMBER 1, 2008 TO MARCH 1, 2009, ON THE PROPERTY LOCATED AT 1390 NORTHWEST 24TH AVENUE, MIAMI, FLORIDA), AS LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED MODIFICATIONS TO THE DEED(S) THAT CONVEYED THE PROPERTY FROM THE CITY OF MIAMI TO ALLAPATTAH COMMUNITY HOUSING II, INC., AND ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. City ofMiami Page 25 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 09-00067 Legislation.pdf 09-00067 Exhibit.pdf 09-00067 Summary Form.pdf 09-00067 Public Notice.pdf 09-00067 Letter 1.pdf 09-00067 Request for Construction 1.pdf 09-00067 Letter 2.pdf 09-00067 Pre Legislation 1.pdf 09-00067 Memo.pdf 09-00067 Pre Notice.pdf 09-00067 Exhibit A 1.pdf 09-00067 Agreement for Purchase & Sale 1.pdf 09-00067 Exhibit A 2.pdf 09-00067 Map.pdf 09-00067 Agreement for Purchase & Sale 2.pdf 09-00067 Exhibit A 3.pdf 09-00067 Pre Legislation 2.pdf 09-00067 Pre Legislation 3.pdf 09-00067 Agreement for Purchase & Sale 3.pdf 09-00067 Exhibit A 4.pdf 09-00067 Special Warranty Deed 1.pdf 09-00067 Pre Legislation 4.pdf 09-00067 Special Warranty Deed 2.pdf 09-00067 Letter 3.pdf 09-00067 Request for Construction 2.pdf 09-00067 Email.pdf 09-00067 Letter 4.pdf 09-00067 Map 2.pdf 09-00067 Corporation 1.pdf 09-00067 Corporation 2.pdf 09-00067 Pictures.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Samoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0069 Chair Sanchez: We go to PH.7. George Mensah (Director, Community Development): Mr. Chair, PH. 7 is also an extension of time for Allapattah Community Housing to complete construction of a 202 elderly project from December 1, 2008 to March 1, 2009. Commissioner, for your information, this property -- this project is purely complete. They already have all the tenants leased out. This is just to give them time to do a punch -out items on the project. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Motion -- Commissioner Sarnoff.• Second. City ofMiami Page 26 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: -- by Commissioner Gonzalez, second by Commissioner Regalado. Before we open up the item for discussion, is there anyone from the public wishing to address this Commission on PH 7, which is a resolution? Seeing no one at this time, the public hearing is closed, coming back for discussion. Hearing no discussion on PH.7, which 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. That takes care of PH 7. 2:30 P.M. PH.8 09-00077 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), FIXING A FINAL ASSESSMENT ROLL FOR THE Marc David Sarnoff COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; AND ESTABLISHING THE TIME AND MANNER FOR PAYMENT OF THE SPECIAL ASSESSMENT TO THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT. 09-00077 Legislation.pdf 09-00077 Exhibit 1.pdf 09-00077 Exhibits 2.pdf 09-00077 Exhibit 3.pdf 09-00077 Exhibit 4 SUB.pdf 09-00077-Submittal-Folio #0141211260010.pdf 09-00077-Submittal-Folio #0141210470130.pdf 09-00077-Submittal-Folio #0141210470460.pdf 09-00077-Submittal-Folio #0141220011521.pdf 09-00077-Submittal-Art Noriega-Folio #0141211260010.pdf 09-00077-Submittal-Letter-Coconut Grove Playhouse, LLC.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0076 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to approve the levy of a special assessment for the Coconut Grove Business Improvement District (BID). Note for the Record: The following actions were taken by the City Commission, while serving as an equalization board. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce the assessment rate to zero for Folio 0141210320118. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to deny City ofMiami Page 27 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 the reduction of the assessment rate for Folio 0141220011521. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce the assessed adjusted square footage to 17,906 for Folio 0141210470130. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce the assessed adjusted square footage to 20, 952 for Folio 0141210470460. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce and establish a flat assessed annual rate of $12, 000 for Folio 0141220011431. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce and establish a flat assessed annual rate of $12, 000 for Folio 0141210250310. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce and establish aflat assessed annual rate of $12, 000 for Folio 0141220011500. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reconsider the denial of the reduction of the assessment rate for Folio 0141220011521. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce the assessed adjusted square footage to 75,652 for Folio 0141220011521. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to deny the reduction of the assessment rate for Folio 0141210450140. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to reduce and establish an assessment of $42, 914.33 for Phase I for Folio 0141211260010. Chair Sanchez: PH.8. At this time I hope you enjoyed your lunch, and we're going to go ahead and jump into this item. Madam Attorney, you're recognized for the record on PH.8. Julie O. Bru (City Attorney): Yes. Thank you, Mr. Chairman and members of the Commission. PH.8 is a resolution that would, if passed, fix the final assessment roll for the Coconut Grove Business Improvement District. Florida law authorizes municipalities to levy and collect a special assessment for purposes of improving and stabilizing retail districts and to do so through management, marketing and promotion. Back in July of 2008, this Commission adopted a resolution wherein it created the Coconut Grove Business Improvement District, subject to the approval of majority of the affected property owners, for a period of ten years. Thereafter, on November of this -- of 2008, the City of Miami, through the Office of the City Clerk, tabulated the results of a special election, conducted during the period of the 15th through the 21st of November of 2008, for the creation of the BID (Business Improvement District). And the BID was deemed to be approved by a majority of the affected property owners. And just now, finally, on December 11, 2008, the Commission fixed today, February 12 at 2:30 at City Hall, as the time and place at which the owners of the property to be assessed, pursuant to that preliminary assessment roll or any other person interested, to appear before the City Commission and be City of Miami Page 28 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 heard as to the propriety and the advisability of making the improvements, the cost thereof as the manner of payment therefore, and as to the amount thereof to be assessed against each property so improved. So this is the background. At this time, the Chairman will proceed. Chair Sanchez: All right. We shall now hear testimony from all the properties affected and all the property owners of properties and (UNINTELLIGIBLE) to making the improvements and funding, then with the special assessment on property. This testimony shall be general testimony, addressing only whether it is appropriate to levy an assessment of approximately $490,379 for the purpose of benefiting sanitation, marketing, event development within the Coconut Grove Business Improvement District area, and providing for general and administrative expenses of the Coconut Grove BID. So this will not require a vote, it's my understanding, but we will open it up to the public, and you have an opportunity to address this Commission as to the funding. Ms. Bru: Right. Just a point of clarification. This is the general comment from the property owners who are affected. The individual property owners who want to challenge or complain about the individual assessments, that will happen after this hearing is closed. And after this hearing, Chairman and members of the Commission, you will have to move to adopt the final assessment roll. Chair Sanchez: But we will make a final decision whether or not -- based on the independent cases that are -- will be coming in front of us, which I -- How many will be coming in front of us? Unidentified Speaker: I believe about seven. Chair Sanchez: About seven? Okay. So seven cases will be coming in front of us. Okay, so at this time, what we'd like to do is open up the public hearing for those that want to speak on their matter. Did everyone sign in? The only thing that we ask is when you come up, please state your name and address for the record. Michael Manno: Thank you, Commissioners. My name is Michael Manno. I reside at 2498 Southwest 17th Avenue, Unit 4302, Miami, Florida 33145. I'm here to represent the owners of 2699 South Bayshore Drive. Chair Sanchez: Wait. Before you do that, this is a public hearing whether they're in support or against the $490,000, right? Ms. Bru: Right. This is general comment. Chair Sanchez: This is not the -- right. So let's -- Mr. Manno: Right. Chair Sanchez: -- You're here for the general comments, right? Mr. Manno: Correct. Chair Sanchez: Okay. Mr. Manno: On the creation of the BID itself. Chair Sanchez: Okay. So you're recognized for the record. Mr. Manno: Thank you. As I was saying, I'm here for -- representing the owners of 2699 South Bayshore Drive, also known as Offices in the Grove. The entity that owns it is SBOIG Venture, City of Miami Page 29 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 LLC (Limited Liability Corporation). And we have several objections to the proceedings that had created the BID in its initial form. We don't believe that the district lines were drawn up properly because they're arbitrary and objectionable. We also believe the exclusions of the hotel, the Ritz Carlton, Mayfair Hotel & Spa, Mutiny Hotel, Sonesta Bayfront Hotel, Commodore in the Grove were arbitrary and objectionable as being excluded and that places a further burden on our property. We also believe the board, which will be controlled -- controlling these funds has not been fairly distributed. Nine of the seats are not apportioned by property owners; rather, they are predetermined; eleven are elected seats, of which seven are designated to be representatives of hotels, retail or restaurants, which means, as a commercial property owner, our entity can only possibly fill the role of one of four remaining seats to be voted on, which, again, are not specifically designated to be commercial property owners as we are an office building. The district participants have quasi -equal say. Is it fair to have an owner of a 2,000 square foot hotel/office -- or excuse me, office/condominium -- have the same say as a 75,000 square foot building, and thus, having one vote each? And speaking on behalf of this owner, we don't feel that it's fair. Someone who has a smaller property than us has 57 votes, where we only have one. Again, this seems to be arbitrary and objectionable to us. We further believe that there -- that these special assessments are illegal because there's no demonstratable [sic] way that this assessment will improve the value of our property or reduce insurance, especially for a commercial asset. The assessments themselves are improper and illegal because they are allocated in a way that is arbitrary and unreasonable. The funding created will not benefit our property by increasing its value. Additionally, it's grossly disproportionate that there is no rational relationship between the benefits the property receives versus what it is burdened to pay. We hope you seriously consider our voiced opinion; and want the Board to know the ownership would like to be a good neighbor to the Grove, but we want fair representation and to be treated fairly. I have to say that through the proceedings that were heard coming up to this point, I'd been involved with a couple of the meetings; and in fairness to the committee that was in place to try and create the BID, they tried to make some concessions and make us understand that they were going to do something to help specifically our commercial asset; but since the original proposal was one that was done and already sent out to be voted on, no special accommodations were made for commercial properties because, at that time, voting materials had already gone out, and we were told we would not have -- that it was too late to change anything within -- inside of that voting package. But I really have to say that in every which way you look at this BID board, it's clearly focused on retail components and on restaurants and on the -- not the commercial side at all and that's what we represent. And we don't know yet how we're going to benefit from this. We just ask to have some say in the matter and be able to really see the benefits for something like this. Chair Sanchez: Thank you. Mr. Manno: Thank you. Commissioner Sarnoff. Michael, let me ask you a question. If you were provided a seat on the board, then all of your complaints would go away? Mr. Manno: I can't say definitively that that would be true, but it would be a nice gesture to see that guaranteed commercial aspects have a seat. We certainly are very worried about that component specifically. It shows a retail component being represented, specifically, numbers created for that, hotels and restaurants; but as a commercial entity inside of this community -- or within this area, we have a burden now placed on us of $15, 000 or so in assessments, and no one's showing us, especially as far as we are from the central core, which we believe is going to be directly benefiting from things like improved security, improved cleaning of the property -- We employ private security on our premises. We employ a building engineer that does his cleaning of the property on a daily basis. So the improvements you guys are mentioning inside the original proposal don't seem to be improvements that we necessarily need or will benefit from. So, yes, we would like some more say in the matter, and a board seat would probably go a City of Miami Page 30 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 long way with hearing -- you know, having the knowledge that we were being heard. I think, in addition, this BID is also placing the monies that this property is already burdened on its parking surcharges into and under the control of the BID; and as that stands right now for this property, we're already being assessed probably in the neighborhood of 20 to $25,000 a year. So, in essence, the full burden of everything that this property is paying, in addition to the $15, 000, is probably somewhere in the neighborhood of 30 or $40, 000. When you talk about that on a commercial property, it's a much different aspect than when you're dealing with a retail component. A retail component has visitors that come in from the neighborhood and feel a surcharge only when they pay for a $2 parking ticket or something. Our parking is directly affecting the tenants inside of our building. It makes the business more expensive for them 'cause they take the parking spaces for our particular property on a daily basis. This is not something that gets distributed outside of our own immediate property. So we feel like we're burdened on both sides of this. Now, the parking surcharge, our -- it's become more expensive for our tenants to rent inside of our building, and now we're adding to that another surcharge for, again, something we don't see a direct benefit for. Commissioner Sarnoff: But let me ask you. You're an office building, correct? Mr. Manno: Correct. Commissioner Sarnoff: And you feel like office buildings, in general, are not being represented on this board, correct? Mr. Manno: Correct. Commissioner Sarnoff Would that designation have to be your office building or a like office building? Mr. Manno: Well, in truth, from my understanding of the BID, there's nobody really of a like size of ours. We do have -- Commissioner Sarnoff There are other office buildings. Mr. Manno: There are other office buildings, and particularly in our district, and we're in Section 20. We have a office/condominium building that had something in the neighborhood of 102 votes. Again, of these 102 votes, 57 of them were designated to a single owner. And if you took in sum that single owner's square footage and placed it against ours, we had one vote for what we're being assessed on as 100,000 square feet. I haven't done the exact math on that, but I know that that -- those 57 votes were far less than the square footage value as ours. And again, the say in the matter wasn't really fair in the way we look at it. Commissioner Sarnoff Yeah. My question to you is, if a similarly situated person, with commonality of interest that you have, were placed on the board, would that satisfy you or must it be a person from 2699? Mr. Manno: I would prefer it be somebody from 2699, without a question; but the truth of the matter is, in the concept of the entire BID, I feel commercial representation is far underweight. Commissioner Sarnoff Okay. Mr. Manno: Any other questions? Chair Sanchez: Thank -- no. Thank you. Mr. Manno: Thank you. City of Miami Page 31 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: All right. Next speaker. Stephen Licata: Steve Licata, from Palm Produce Resort Wear, a merchant in the Grove. Chair Sanchez: Good afternoon. Mr. Licata: My concern is that in a multiuse building like Coco Walk, we could have additional charges other than the 26 cents. There are common areas, garages, and there are cam charges. They could pass those through. I'm fine with the 26 cents a square foot, but what will happen with all these additional charges? How -- I don't know how -- it hasn't been clarified on how that is going to be taken care of. Chair Sanchez: So your concern is the additional charges? Mr. Licata: I'm concerned that these additional charges for common areas, garages, office space could be put onto the square footage of my thousand square feet in Coco Walk. And it could happen in other places, as well. I mean, it hasn't been clarified. In Lincoln Road, which I was part of it was done by suites or by, you know, exactly your square footage in this particular case. So if they had gone in and said Suite 105, which is my -- I would be 26 cents times a thousand square feet. In a multiuse building, like Coco Walk, where in multi -levels it could be any amount at this point. Chair Sanchez: All right. Thank you. Next speaker. All right, not everybody at once. Manuel Alonso-Poch: Good afternoon. Manuel Alonso-Poch, 3138 Commodore Plaza, Arts & Minds Center in 3110 Commodore Plaza, the parking lot on the street. Fully in favor of the Business Improvement District. I believe it's a very, very good way to improve the area, increase property values, provide more security, increase the commercial activity that we now have; and we voted for it and support it strongly. Thanks. Commissioner Sarnoff Thank you. Chair Sanchez: Thank you. Next speaker. Miguel Lara: Good afternoon. Miguel Lara. My address is 283 Catalonia Avenue, Coral Gables, Florida 33134. And I'm here on behalf of the Coconut Grove Playhouse. We have no objection to the resolution. However, on behalf of the Playhouse, we are requesting that the Playhouse be removed from the assessment roll and here's why. Page 2 of the proposed resolution, near the bottom in the box, says, `Although included within the boundary described above, the BID expressly excludes --" Ms. Bru: Excuse me. I think you're addressing an individual complaint -- Chair Sanchez: Yes. Ms. Bru: -- seeking an adjustment. We're not at that part of the hearing yet. Chair Sanchez: We're not there yet. Mr. Lara: I apologize. Chair Sanchez: Okay. Mr. Lara: Okay. City of Miami Page 32 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: We'll get to you. We want to just make sure that we have -- Liliana Dones: Hi. Chair Sanchez: -- an understanding. Ms. Dones: Liliana Dones, 2901 South Bayshore Drive, Miami, Florida. I am here on behalf of the Coconut Grove Chamber of Commerce, of which I am president, to tell you how much the Chamber wholly endorses this move to a BID for our district. We very much need it. We will all be working in concert to make this happen, and we have our full support of our entire Chamber membership behind this effort. Thanks. Chair Sanchez: Thank you. Commissioner Sarnoff: Thank you. Chair Sanchez: Once again, this is whether you're in favor or against the special assessment. We will get to the independent property on -- at the next vote, which is not this one. All right. So is there anyone else that wishes to address this Commission? All right. If not, we must now make a final decision whether to levy the special assessments as initially decided in Resolution 08-0455, adopted on July 24, 208 [sic]. Do I have a motion? Commissioner Sarnoff: So move. Commissioner Regalado: Second. Chair Sanchez: All right. There is a motion and a second to levy of a special assessment for the Coconut Grove Business Improvement District, known as the BID. Ms. Bru: Mr. Chairman -- Chair Sanchez: Yes. Ms. Bru: -- if I may. I think the -- either Mr. Collins, who has been working on this, or the Commissioner from the district should put something on the record as to why this assessment will benefit these properties. There should be something as part of the record, showing the benefit to these properties, the special benefit to these properties, please. Chair Sanchez: All right. Mr. Collins, why don't you go ahead and do that, sir, as to the -- David Collins: Thank you very much. Chair Sanchez: -- advertisements, sanitation and all the good things that -- Mr. Collins: Thank you, sir. Chair Sanchez: -- the BID's going to do for Coconut Grove. Mr. Collins: This process was started several years ago by Commissioner Winton, continued through Commissioner Haskins and, thank goodness, has had the leadership of Commissioner Sarnoff. The benefits of the BID -- the concept of the BID is that a group of property owners and tenant occupiers agree to lift a place up a notch. In order to do that -- it's not a criticism of the City, but let me give you an example. The City of Miami, behaving in a way that's much more generous than many cities, cleans the streets and gutters of Coconut Grove five days a week. City of Miami Page 33 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 The Coconut Grove BID will assess themselves as property owners and tenant occupiers to take the other two days, which, ironically, are Saturday and Sunday, when we have the most tourists walking around our streets, and possibly our dirtiest streets; to pay a street -cleaning entity to go out and fix up the streets on Saturday and Sunday. It's that simple. It's a small enhancement of what the City already does a generous and accomplished job at. The property owners and tenant occupiers agree to pool resources on the table where everybody can see them, and to decide as a group those things which will make this a better commercial area. Those will include sanitation, security, both private and probably some off -duty police officers, marketing and also possibly looking at re -tenanting. So that the whole stream of things, how -- not only how to make the place better, but also how to advertise the fact that we have made it better, and to attract people here in a friendly fashion. Our mission is to put more feet on the street and to bring more customers into our stores, restaurants and hotels, while also increasing the property values of our commercial entities in the BID. If I may at this moment, just for a half moment, introduce our expert, who's come a long way to be with us today. Sir. Mr. Dan Biederman from New York City. Chair Sanchez: Dan, welcome to our beautiful city. Dan Biederman: Thank you very much. Chair Sanchez: How long are you planning on staying here? Mr. Biederman: I'm leaving tonight, but I've been here many times before. Chair Sanchez: Can we talk you into staying an extra night? We need that bed tax. Mr. Biederman: I'll talk to my wife, and I'll get back to you, Mr. Chairman. Chair Sanchez: We need that bed tax. Mr. Biederman: I see where you're going with this. Let me make a general statement, and then I'm available to answer any specifics that might come up later. And I've said this to other people outside of the City of Miami The care with which this district has been put together by Commissioner Sarnoff David Collins and the others, as to how the rates were set, how people were listened to, how much planning was done, greatly exceeds most districts I've consulted to and, in fact, exceeds the care with which I set up my own districts in New York, which are regarded as successful, ten, fifteen years ago. More attention to the concerns ofproperty owners, a more complete assessment process, more seeking of support, more chances to be heard under your process, very good reviews by the City Attorney's office; so in general, I'm impressed. I've told David that he's gone, in my view, way beyond what other BID directors have done to seek input, modify the rules for special concerns of property owners. So I think the Commission's done a great job, as have the City employees who've been involved, all the way up to the City Manager, who's helped out when there was great need; Art Noriega, of the Parking Authority, has been terrific. It's really a very impressive process. I'm not saying this because I'm the guest expert who you're paying to be here. You -- this is really quite an impressive effort, and I'm confident it will be successful. Chair Sanchez: Counsel, just out of curiosity, how many BIDs are you -- have you consulted? Mr. Biederman: I've set up three, Mr. Chairman, in New York, and I've consulted to about five or six elsewhere on things all the way from establishment to fixing problems, to setting up capital improvement programs in the cities of Baltimore, Newark, Pittsburgh, Atlanta, Dallas and Miami, as well as New York. Chair Sanchez: And the three in New York are which ones? City of Miami Page 34 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Biederman: Thirty-fourth Street Partnership, which is the area near Empire State Building, Madison Square Garden and Penn Station; Grand Central Partnership, which is the 70 million square foot area, all containing offices around Grand Central Terminal; and Bryant Park, which has -- is a privatization, but has as a component a business improvement district that's solely devoted to park activities. And that was between 1980 and 2008, all of those. Chair Sanchez: Thank you. Any questions for the counsel? If not, thank you, sir. Mr. Biederman: Okay. Thank you. Chair Sanchez: All right. Dave, I still think we need to put for the record -- put things into the record how Coconut Grove is going to benefit from all this. Mr. Collins: How Coconut Grove is going to benefit? Chair Sanchez: From the BID. Mr. Collins: From the BID. Basically, it's going to be cleaner, safer. There's going to be more people here. They're going to be enjoying themselves. It's -- this is a growth moment for the Grove. It's not the Grove trying to just get away with something. We've been moving inch by inch since 2004, and we have talked to almost everybody in this community that's involved in this process; people that have been opposed to it, people that have been in favor of it. And what's significant about this is that this is an opportunity for Coconut Grove to go forward as a group. The fact that the vote on November 21 was 165 in favor to 99 opposed -- and the majority of the opposed were just people that didn't vote who got counted as nos -- that's a significant 62.5 percent. That's a lot of people in a very diverse commercial area that have chosen to reach into their pocket, share resources on the table, and move forward as a group of people. The difference on this one is, when I talked to Ed Prelaz at Mayfair Center, the property manager, he says my owners look at this as an investment in Coconut Grove. This is not a gambling game for us. This is something we are certain will be an investment that will pay results. So that has been the attitude of the ownership community and that is why we will go forward. No longer do we look at our most vibrant central -- Coco Walk and say that's the only thing that is happening in Coconut Grove because, frankly, there are other little nooks and crannies to the Grove. There's Commodore Plaza, there's Mayfair, there's Fuller Street. There's Sammie C's, all the way down Main Highway. And as soon as we get the road lit, people will feel safe walking down there. But it's a diverse community, and it's got to include Bayshore and the properties there. And I agree with Mr. Manno, who says, you know, that the very -- possibly -- I know that the slate -- the board slate hasn't been completed yet, but I feel strongly that there should be better commercial property representation on that board. Because the way the law is written -- and this is directly to the point of how we're benefiting -- the way the Florida Statute 170 is written is this is a benefit community. It's a benefit district, something in which people that are assessed must actually see the benefits. So that as a place it will benefit, but specifically, it's required by law to benefit specific properties; and our job will be through committees to find those activities which do benefit office in the Grove, for example. Chair Sanchez: And it's -- just on that -- we'll address that on second reading of the establishment of the board representation. It's not every day during this tough economy that you have a core of individuals who are taxing themselves to improve their area. Mr. Collins: Right. Chair Sanchez: I think the improvements will come with the improvement of quality of life. I think people need to feel secure any time they go anywhere, whether it's for dinner or for shopping, and especially, in an ambience such as Coconut Grove. People need to also feel that City of Miami Page 35 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 the streets, their sidewalks are taken care of and people want to see progress. So I think overall, it is to focus on the many things that you've said here that BIDs do. But your challenge is to improve the quality of life because from now on any time that you are using taxpayers' dollars, people are going to be more focused on how those dollars are being spent. I supported this a long time ago, since it was in the making. I'm glad to see that we've made it this far. I think with time, I think history will treat you kindly because things are going to improve in that area, and hopefully, as the counsel said, these areas, such as Bryant Park in New York -- you know, the many times that I do visit New York, that is an area that, you know, you walk by it and you go -- you know, there's a difference. Mr. Collins: Yeah, right. Chair Sanchez: And the difference is because their own money is going into their improvements, and they're not relying alone on government for those services. But they have those tax dollars that, instead of being used someplace else, are being reinvested in that area. So overall, I'm very excited about this; and I think you've put a lot on the record now, counsel. Okay, so we're going to go ahead -- and there was a motion and a second and that -- all it is that we are approving the special assessment for the Coconut Grove improvement district. Commissioner Regalado, you're Commissioner Regalado: Thank you, Mr. Chairman. Just a few words. I think that this is an example of what the business community does when they see that they need to do something by themselves and not depend on government for everything. I do think that, of course, the saying in the industry is when times are good, you advertise, and when times are bad, you advertise more. And this is what many business throughout the country are trying to do. I do think, however, that the first fundamental question is why do people want to come to Coconut Grove and why people won't come to Coconut Grove. And I urge you, and I'm sure that you're thinking about -- of doing focus groups throughout the nearest -- you know, go Merrick Park, go Sunset Place and start interviewing people because these are the alternative areas that people do go. Go to Aventura and do this focus group. Because I think that, yes, clean -- a clean Coconut Grove is paramount for what you're trying to do, but that only gets reporter [sic] by word of mouth. And if you don't have so many people, well, so many people won't be able to say and comment. But you need to go more than that. I think that is important that people are being offered something. If you look at the recent statistics in the last five months, where the economy has gone from bad to worse, there's some industries that have made profits because these industries have been offering something different, cheap, and attractive to the clients. So I just hope that we can see a unified effort from different -- I mean, if you go to the movies, you get 50 percent something. If you eat at The Cheesecake Factory, well, then, maybe you get a discount on a ticket to go to the movies; maybe you get a discount to -- for parking. Because people now are looking for bargains, and that will be the pattern in the next year or maybe more. And -- so I just hope -- and I know you know because you guys are the ones that suffer, the ones that work. But I think it's important that before going out to advertise, you come up with a catch, an attractive set of offerings for the people as a whole. So good luck. We're here to support. Thank you. Chair Sanchez: All right. So we have 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." That takes care of that. And now we come to the point -- Ms. Bru: This is the -- Chair Sanchez: -- where we sit as -- City of Miami Page 36 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Bru: Right. Chair Sanchez: -- a equalization -- Ms. Bru: Equalization board. Chair Sanchez: -- board, and we hear and consider any of the individuals' complaints as to the special assessment, and then we will make any adjustments on it and assess on the basic [sic] of justice and right. So anyone wishing to express their concerns or their challenges as to the assessment, I hope that you have been able to register with the City Clerk, and I believe we need to get everyone under oath. So all those that will be placing any testimony in front of this equalization board, please stand up, put your -- raise your right hand and be sworn in. Pamela E. Burns (Assistant City Clerk): Okay. Please raise your right hand. Chair Sanchez: All right. The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: Thank you. Please be seated. Chair Sanchez: All right. This is where we change our hats to an equalization board. Okay. So we will be voting on this -- I think we should vote on it independently [sic] on each and every one of them. Ms. Bru: On each folio that comes up. Chair Sanchez: Okay. So we'll go ahead and -- not everybody at once. Is there anyone who is challenging these special assessment, as to the adjustments? Joe Harrison: Yes, I am. Chair Sanchez: All right, sir. Good afternoon. Welcome to -- Mr. Harrison: Good afternoon. Chair Sanchez: -- City Hall. Mr. Harrison: Thank you. Good to be here. My name is Joe Harrison. I'm from CoGo Limited. And the property that I'm contesting the assessment on is the -- well, 3100 Florida Avenue. I don't know if you need the folio number. Okay, it's folio -- Chair Sanchez: Yes. Put the folio number on the record. Mr. Harrison: Okay, 01 41210320118, I believe. Chair Sanchez: All right. Mr. Harrison: And this is a small lot that we use for tenant -only parking. It's not private parking. Chair Sanchez: Okay. City of Miami Page 37 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Harrison: And it's just for the tenants in our building. We have a building in the Center Grove at Main Highway, Fuller Street and Grand Avenue, and seven businesses, and we just use it for our tenant parking only, not public parking. Chair Sanchez: And you're basing your arguments as to what facts? Mr. Harrison: Because it's just one thing that we use for tenant parking only, not for private -- or public purposes, actually. Chair Sanchez: Okay, perfect. So that's it. Okay. Mr. Collins, on this matter? Mr. Collins: David Collins, executive director of BIC (Business Improvement Committee). I've had conversation. The issue that Mr. Harrison is raising on behalf of CoGo Limited is that the BID formation subcommittee agreed formally that we would not be assessing parking spaces associated with the property owners' building when it was used specifically by tenant occupiers and not rented out to the public. We -- Chair Sanchez: So in this case, is he renting it out to the public? Mr. Collins: -- concur completely with CoGo Limited, as represented by Joe Harrison, and would recommend it for an affirmative vote on your part. Chair Sanchez: All right. Mr. Collins: It would not be assessed, the small folio. Chair Sanchez: All right. Can I get a motion to approve --? Commissioner Sarnoff.• Do you know what the difference -- or do we put on the record what the difference would be, or is that satisfactory to the City --? Ms. Bru: No. We need to know with specificity are you removing this folio from the assessment roll or are you adjusting the rate or the category? Mr. Collins: The rate is being adjusted to zero for this folio. Chair Sanchez: Okay. Ms. Bru: Well -- so that means it's being removed from the assessment roll. They're not going to be levied a special assessment. Mr. Collins: Madam City Attorney, I have no idea what would happen in the future to that property -- Ms. Bru: Okay. Mr. Collins: -- if it became something other than a tenant parking lot. Ms. Bru: Right. Well, for this assessment roll, at this time, you're saying that it's being removed, zero. Mr. Collins: Yes, ma'am. Ms. Bru: Okay. City of Miami Page 38 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff Hold on. I don't think he's saying removed. I think he's making a distinction -- Chair Sanchez: Zero. Commissioner Sarnoff -- right -- with the difference. He's saying it should be assessed zero. Chair Sanchez: Zero. Commissioner Sarnoff• Should they turn around in the future and use this as a public parking facility, they should be subject to a reassessment. Chair Sanchez: Which I think that's the way you ought to go because let's say things do change. So listen, you got what you wanted. It's going to be assessed at zero, okay. So is there a motion to accept the --? Commissioner Sarnoff• So move. Chair Sanchez: There's a motion by Commissioner Sarnoff. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. No further discussion. You've been assessed at zero, okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations to you. Mr. Harrison: Thank you. Chair Sanchez: All right. Who's the next contestant on The Price is Right? Mr. Manno: Michael Manno again. Do I have to read my --? Chair Sanchez: You're back again. Mr. Manno: I'm back again. I'd love to get the same thing he got. Chair Sanchez: What was it, 2699? Mr. Manno: 2699 South Bayshore Drive, correct. Chair Sanchez: All right. Mr. Manno: So my motion's to a zero. No, just -- Chair Sanchez: No, no. It's not that easy, now. Mr. Manno: No. Along the same lines, though, as what David just mentioned, Offices in the Grove is being assessed right now on an area square footage of 105,062 square feet, and that is what's in the public records, and I think that carries a component of our parking garage as well. We have a 100 percent leased building, and our rent roll is carrying 76,001 square footage of rentable square footage. The remaining of this 105, 000, I could only imagine -- City of Miami Page 39 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: I'm sorry. How many square feet? Mr. Manno: Seventy-six thousand, oh -oh -one. Chair Sanchez: Seventy-six thousand. Commissioner Sarnoff: And 76,001 constitutes what? Mr. Manno: Rentable square footage. What's inside of all of our leases combined, and we're a 100 percent leased building. So this 105, 062, I'm not quite sure where that number comes from off of the folio number in the City records, but I'm assuming that it's something in the neighborhood of 30,000 square feet of parking. And again, we have a parking component. We have a three floor garage attached to the building for only single use of the tenants inside of that building. Chair Sanchez: All right. Could you do me a favor and for the sake of keeping a good record, can you put your folio number on the record? Mr. Manno: Unfortunately, I did not know this was going to be heard today, so I don't have that with me. Madam Attorney, do you have that? Mr. Collins: I have it. Chair Sanchez: You have it? Mr. Collins: Yes, sir. Chair Sanchez: Dave's got it. Dave, can you put their folio number into the record -- Mr. Collins: Yes, sir. Chair Sanchez: -- please? Mr. Collins: Thank you. It's, if I'm correct, CFRI (Central Florida Realty Investors)? Mr. Manno: Correct. Mr. Collins: CFRI/SBOIG Venture, LLC (Limited Liability Corporation), owner address, 15 Old Danbury Road, Wilton, Connecticut, and their folio number is 01 41220011521. Chair Sanchez: All right. So you're basically stating it's in the same purview as the other individual. Your parking lot is your own parking lot. Mr. Manno: For the tenants only of the building, not to the public. Chair Sanchez: All right. Dave. Mr. Collins: Thank you, sir. I believe, if I'm correct, this comes to 76,001. Mr. Manno: Correct. Mr. Collins: And I believe that because you are a little more on the periphery of the BID, that you're being treated at a level -- assessment level of 15 cents a square foot. City of Miami Page 40 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Manno: Correct. Mr. Collins: The BIC would con -- the BIC and the BID would concur with his -- Chair Sanchez: The BID. Mr. Collins: -- request. The BID will concur with this and agree with it because it's the same issue. That number, which Mr. Manno asked about, the 105,062, as I think probably Mr. Danie would attest to, is from the County tax record, so that we looked at the County tax record and put that on the record as the preliminary assessment roll. We now discover that, through visual and testimony, it has a lot of underground parking, which should not be assessed, according to the BID formation subcommittee. Veronica Xiques (Assistant City Attorney): I'd like for you to consider -- Do you have any sort of documentation, testimony? Chair Sanchez: Please state your name and address for the record. Ms. Xiques: I'm sorry. Veronica Xiques, assistant City attorney. Mr. Manno: We can submit that to you guys. We don't have that with us today. I did not realize the board was hearing this particular item today. Mr. Collins: If I may again, we would like the verification of that, and we haven't seen architectural substantiation of that. Commissioner Sarnoff: How do we -- Madam Attorney, are we capable of adjourning this for this one issue and bringing it back at a regular Commission meeting? Chair Sanchez: No. Commissioner Sarnoff: Or do you want us just to vote on it? Ms. Bru: This is the date that was advertised wherein you're going to adopt the final assessment roll. If you continue this for this particular property, which had notice -- Commissioner Sarnoff: Can we then do it subject to -- Mr. Manno: Confirmation. Chair Sanchez: Him providing the proper -- Commissioner Sarnoff: -- the confirmation by the City Attorney acting in her capacity as an attorney? Ms. Xiques: I think at that point, you could. However, you know, you need to make whatever decision, on the record, as being final. So have you to give us two options. Commissioner Sarnoff: Well, here's my dilemma. My dilemma is it's bad precedent to do this -- Ms. Bru: No. Commissioner Sarnoff: -- because it was a properly noticed -- and I hate to say it. I have a lawyer in front of me who can read a notice, and should know to bring any documents he needs to bring. So on the first one that we're -- or the second one we're about to be sitting on, you City of Miami Page 41 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 know, we're going to do something that sets dangerous precedent. Ms. Xiques: Well, not only that, Commissioner, your next vote requires you to fix the final assessment roll, and you cannot fix the final assessment roll if you have an outstanding issue. Chair Sanchez: All right. Mr. Manno: I apologize, Marc, but I'm not a lawyer. I'm just a -- Commissioner Sarnoff Oh, I'm sorry. Mr. Manno: -- for the record, I'm a property manager. Commissioner Sarnoff I thought you were. I apologize. Mr. Manno: A lowly property manager just trying to do the best thing for the property. Chair Sanchez: All right. Well -- Ms. Bru: No. The answer to the question, Commissioner, is this is the day that was set for adopting the final assessment roll, and all decisions about adjustments have to be made today, unless you decide to continue the entire hearing. Commissioner Sarnoff• I'm going to make a motion to deny. Chair Sanchez: Okay, so -- Commissioner Regalado: Second. Chair Sanchez: There is a motion to deny by Commissioner Sarnoff, second by Commissioner Regalado. Discussion on the matter? Thinking about it, I would tend to agree. I mean, this process was properly advertised. You know, it's moving forward. There's no way -- I wish you luck maybe next year. If there's a process where you could appeal it, I certainly wish you the best on that, but I -- Mr. Manno: My only concern is that it didn't appear that we needed any documentation from the previous person. I just didn't bring any documentation as to what our rent roll was, and I had assumed that that's what the City Attorney would want, other than a re -measurement of the entire building, which I think is a little unreasonable, both from an expense side and everything else. I mean, how do we then determine, when a garage is attached to a property, whether or not the City's documentation inside of the -- their Web site and folio number is concurrent with what's really leased as property to an actual tenant? And I apologize that I don't have, for example, a rent roll with me that shows you that we're a 100 percent occupied building and exactly what the square footage is for each one of those leases, but to be assessed on a parking garage, which was clearly described to me and David through discussions prior that we wouldn't be assessed on, I feel is a little unfair. Chair Sanchez: All right. Well -- Commissioner Sarnoff• Was there any representation made to this man? Did you make any representations to him that something would or would not occur? Mr. Collins: No, sir. Commissioner Sarnoff• Okay. City of Miami Page 42 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Manno: Not directly. But I can say that we have had conversations that parking garages would not be included. Chair Sanchez: Well, listen -- Mr. Collins: That is correct. Chair Sanchez: Go ahead and get with Dave on -- see what's going to happen in the short future. But as of now, I think the motion is to deny. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It's been denied. Thank you, sir. Mr. Manno: Thank you. Chair Sanchez: All right. Next. Mr. Alonso-Poch: Manuel Alonso-Poch, on behalf of Commodore Plaza Parking LC, 3138 Commodore Plaza, folio number 01 41210470130. Ms. Burns: Sir, we would need a copy for our records. Mr. Alonso-Poch: Initially, your property was assessed at the total adjusted square footage shown by the County property records at 32,906 square feet. We do have 15,000 square feet of parking as you can see from the schematics that I've provided you; and we are requesting that that amount be removed or adjusted so that the total assessed would be 17,906 square feet as opposed to the 32. Chair Sanchez: All right. Mr. Collins. Dave. Sir. Mr. Collins: Excuse me, sir. Chair Sanchez: He's saying there's a reduction. Can you state the numbers again, counsel? Mr. Collins: I'm familiar with them, sir. Chair Sanchez: Are you? Mr. Collins: Yes. Chair Sanchez: Are you comfortable with that -- Mr. Collins: Yes, I -- Chair Sanchez: -- assessment? Mr. Collins: -- absolutely am. Those are accurate numbers. Chair Sanchez: So you approve this? Mr. Collins: I've walked that with the property owner. He's provided me with documentation and I approve of it -- City of Miami Page 43 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: Okay, so -- Mr. Collins: -- and recommend it for your affirmative consideration. Chair Sanchez: Okay. Commissioner Sarnoff• Mr. Poch, what are the numbers again? Mr. Alonso-Poch: The 32,906 is the total adjusted square footage of the building. The parking is 15,000 square feet, for a balance to be assessed, 17,906. Commissioner Sarnoff So what you're asking us to do is to reassess from parking -- Mr. Alonso-Poch: To reassess the actual rentable area of the building, which is 17,906. Commissioner Sarnoff Which would reduce it as a result of you having more parking -- Mr. Alonso-Poch: That's -- Commissioner Sarnoff• -- 'cause parking's not graded at the same level. Mr. Alonso-Poch: That's correct. And the parking is used for the tenants. Commissioner Sarnoff• And -- Chair Sanchez: So -- Commissioner Sarnoff• -- you pro -- sorry. Chair Sanchez: It's okay. No. Go ahead. Commissioner Sarnoff• And you provided a certified copy of an -- Mr. Alonso-Poch: I provided you with a copy. Commissioner Sarnoff• -- the survey. Mr. Alonso-Poch: It's not certified. It's a copy of a sealed survey and a copy of the schematic of the building, showing the garage areas and the rentable areas, the leasable areas of the building. Commissioner Sarnoff• How old is your survey? Mr. Alonso-Poch: That survey should be about five years old. Commissioner Sarnoff• Are you willing to testes straight for the record that there's been no changes into this building from what you're demonstrating to be the available square footage? Mr. Alonso-Poch: Yes. Commissioner Sarnoff• You're a practicing member of the Florida Bar? Mr. Alonso-Poch: Yes. City of Miami Page 44 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff: Okay. I'll make a motion. Chair Sanchez: All right. There is a motion to accept the 17,906. Commissioner Regalado: Second. Chair Sanchez: All right. The motion is second by Commissioner Regalado. Any further discussion? It's been recommended -- you -- David, you want to put something on the record? Mr. Collins: I did want to just state that this brings the assessment, at 26 cents a square foot, to the amount of $4, 655.56. Chair Sanchez: Yeah, but to 17,906 square feet, right? Mr. Collins: Yeah, 17,906-- Chair Sanchez: Okay. Mr. Collins: -- correct. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes. Thank you. Mr. Alonso-Poch: Thank you. Chair Sanchez: All right. Next. Good afternoon, ma'am. Randie Koroglu: Hi. I'm Randie Koroglu. I'm the vice president of 3121 Commodore Court, and I'm here representing 3121 Commodore Court, which is located at 3105 Commodore Plaza. I have also discussed this completely with David -- Chair Sanchez: But I need you to put the folio number into the record. Ms. Koroglu: The folio number is 01 41210470460. Chair Sanchez: Okay. And just put it into the record what you're objecting to and what you're asking -- Ms. Koroglu: We are here for an adjustment of our square footage for the BID, as discussed with David. We would like to have ours reduced for the total square footage of eliminating our parking -- our tenant parking also. Our tenant parking is a total of 13,259 square feet, which is not a -- subject to this assessment. Therefore, our corrected or adjusted square footage should be 20,952 at 26 cents a square foot, which will make our assessment $5,447.52. Chair Sanchez: All right. So for the record, you're asking that the parking be eliminated and that the correct adjustment be 29 -- what was the number? Ms. Koroglu: Corrected, 20,952. Chair Sanchez: Okay. Commissioner Sarnoff: Do you have anything you can put in the record to demonstrate -- you City of Miami Page 45 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 do? Mr. Collins: I have it, sir. Ms. Koroglu: They have it. Commissioner Sarnoff If the Clerk -- well -- Chair Sanchez: All right, but see - Commissioner Sarnoff -- the Clerk needs to see it. Chair Sanchez: The Clerk needs all the documents. Any document you're presenting, Mr. Collins, make sure that -- you know, that's why we asked for the folio number, and we ask that every document be put -- or be turned in to the City Clerk so we have proper documentation as to how we're base your -- basing our decision on this matter. And of course, your input is taken into consideration. All right, so, Mr. Collins, you are in agreement, sir? Mr. Collins: Yes, sir, I am. Chair Sanchez: You are? Mr. Collins: And the BIC is -- and the BID is. Chair Sanchez: All right. Can I have a motion for the readjustment? Commissioner Sarnoff: Let me just understand what was handed to me. This is not a certified copy of your -- this is not a survey that's been certified, correct? Ms. Koroglu: It's the floor plans. Commissioner Sarnoff: Okay. How can you tell me this --? Describe to me how this is the floor plan. Tell me where you got it from, tell me who you are. Ms. Koroglu: I am the vice president of 3121 Commodore Court. Commissioner Sarnoff: Right. Ms. Koroglu: My husband is the president/architect of the building. Commissioner Sarnoff: Right. Ms. Koroglu: So this might not be a certified drawings, but they are the original drawings of the building. Commissioner Sarnoff: So these are copies of the original drawings of the building? Ms. Koroglu: Yes. Commissioner Sarnoff: And you're giving us testimony affirmatively stating that? Ms. Koroglu: Absolutely. Commissioner Sarnoff: Okay. I'll make a motion. City of Miami Page 46 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: And she took the oath. All right. There's a motion. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Any further discussion on this matter? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you much. Ms. Koroglu: Thank you, gentlemen. Chair Sanchez: See, it's not that painful. Next. It's not like going to the dentist. All right. Mia Stierheim: Hello. I'm Mia Stierheim. I'm representing Coco Walk. Chair Sanchez: Motion to deny. Ms. Stierheim: Yeah, really. The address is 3015 Grand Avenue. And we are disputing some of the square footage issues. The folio number -- there's two for Coco Walk. There's a phase 1 folio number and a phase 2. Phase 2 is 01 41210161000. We are not disputing that. Phase 2 is 0 -- Chair Sanchez: Wait, wait, wait. So the first folio, which is 01 4121016 -- Ms. Stierheim: 1000. Chair Sanchez: Okay. Is what? Ms. Stierheim: Is phase 2 of CocoWalk. Chair Sanchez: Okay. Ms. Stierheim: We are not in dispute of that. Chair Sanchez: Not disputing that one, okay. Ms. Stierheim: Phase 1 is 01 41211260010, and we're in dispute of that. Chair Sanchez: Okay. Ms. Stierheim: The breakdown for the square footages for the BID is for the retail, restaurant and office; then the second category is parking; and the third is all adjusted square foot [sic], which is the common area. Chair Sanchez: Okay. Ms. Stierheim: I have for submittal, a certification. Chair Sanchez: All right. Hand it to the City Clerk. Ms. Stierheim: And I do have extra copies. Chair Sanchez: Yeah, just -- City of Miami Page 47 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Stierheim: Basically, we hired Gail Baldwin's firm, who is a local architect and familiar with Cocowalk -- we've used him on several of our property measurements -- and he came up with a breakdown, which you'll see a certified letter from him showing the levels of the common area, and then attached to that is a copy of his CADs (Computer Aided Designs), which are drawings that show where these common areas are on the property. We would like to add that we are in full support of the BID, strongly believe in it. If we didn't, we would not have invested over $10 million of capital improvements to turn CocoWalk around and improve its beautification and, you know, the aesthetics for the tenants, as well as for the customers. So we're please asking for acknowledgement of the changes of this square footage. Obviously, we do not know where that first amount of the square footage on that first phase of the folio number -- it's way off. And anybody that uses any common sense would figure out that for the amount of square footage that's on that folio number, you would have to have a five -story enclosed building to use up that type of space, which is over 400,000 square feet. Basically, CocoWalk is an open-air lifestyle center, so you can't really assess the open air that is within the center. Commissioner Sarnoff. I'm noticing, Ms. Stierheim, on level one -- and I think I know CocoWalk. It appears -- and correct me if I'm wrong, 'cause I'm not the greatest reader of common area -- CADs, you called them? Ms. Stierheim: Oh, excuse me. What? Commissioner Sarnoff. Okay. So, this diagram, this appears to be your loading dock. Ms. Stierheim: On level one and what area? Commissioner Sarnoff. I imagine everything that's shaded in. Ms. Stierheim: Yes. Commissioner Sarnoff. Is that not your loading dock? Ms. Stierheim: No. We hired Gail Baldwin to measure according to BOMA, which is the Building Owners and Manager's Association, which is the measurement standard which is used; and that's why I have my certified proof here. Commissioner Sarnoff. So none of your -- I just want to make sure that none of your figures, which I think come to 78,151 feet, include any of your loading dock? Ms. Stierheim: I did not do the measurements, so I cannot say a hundred percent. Commissioner Sarnoff. You would agree with me that it appears, on level one, to be your loading dock? I mean, I know your building. Ms. Stierheim: Yes. I'm not sure if this area in the center, the big block, is the loading block [sic]; maybe not. I'm not sure. Commissioner Sarnoff. Is Mr. Baldwin available that you can confirm with him? Ms. Stierheim: Well, let's say for argumentative purposes, it's not on there. Commissioner Sarnoff. That it is loading dock? Ms. Stierheim: Let's say it is not highlighted on this -- What is the point you're trying to make? Commissioner Sarnoff Isn't a loading dock -- wouldn't that be a parking facility and not -- City of Miami Page 48 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 wouldn't it be rated differently? Ms. Stierheim: Perhaps it doesn't fall underneath the BOMA standard of common area. Commissioner Sarnoff: I just want to treat everybody the same, so I'm concerned. I mean, your level one appears to be your loading dock. Ms. Stierheim: Well, level one is, if you look on my form, it shows all the common area highlighted. Commissioner Sarnoff: No. I can see that. But if you just follow me, it looks like almost half of it would be your loading dock. Ms. Stierheim: I'm not going to make a guess as to how large the loading dock is. If you want to make an amendment to add the loading docks, I mean, we're open to that. However, we do not have any guidelines or standard regulation on how we should have measured the property, according to BID. Commissioner Sarnoff: I'm sorry? Ms. Stierheim: We -- I never received any regulations or standard guidelines as to how this property should have been measured. We went ahead with the standard BOMA measurement. We hired a professional who has provided us this paperwork, and if the BID could provide me then some documentation showing the standard or regulation in which I should have measured the property, we'd accept looking at that. Commissioner Sarnoff: Well, maybe they'll find out from them. Go ahead. Chair Sanchez: Before I -- similar question that he's got that maybe you could clear it up. Maybe you could clear this issue up. Mr. Collins: What is that question, sir? Chair Sanchez: Huh? Mr. Collins: What is the question, sir? Commissioner Sarnoff: Is anybody paying attention? Chair Sanchez: The question -- we've been here for about five minutes. On level one -- Mr. Collins: Yes. Chair Sanchez: -- if you look at the map, on level one here -- Mr. Collins: I haven't seen their pages, but I'd love to see them. Chair Sanchez: Okay. Well, I'll let you look at mine. The whole point there -- the whole issue there is whether that's -- Mr. Collins: The question this becomes, I believe, Mr. Biederman, is whether a loading dock, which can hold six to eight, 18-wheeled trucks, whether that should be counted as a parking area in the same way that a parking space underneath the movies would be, you know, tabulated, assessed, or whether it would be part of the common area. It's my understanding that the loading zone, which would hold six to eight trucks, would probably be part of the support City of Miami Page 49 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 common area of the property, and I say that with the utmost respect for CocoWalk, our leading commercial entity. I have no idea if the tax assessor uses BOMA standards. Perhaps Mr. Noriega could address that. Art Noriega: Well, I mean, the only thing I would address -- and it's Art Noriega, Miami Parking Authority. The BOMA standards, which she's applying to this particular calculation, is not necessarily used by the property appraiser's office, so all the calc -- Ms. Stierheim: What is? Mr. Noriega: No. But all the calculations that have been used per BID, in terms of the tax documents, were all taken off the County records. Not -- there wasn't any additional standard applied to it other than that. Ms. Stierheim: Which I'm claiming the County record is incorrect. Mr. Noriega: I'm well aware of that, but you're using a technique or an assessment -- Ms. Stierheim: A certified -- Mr. Noriega: -- that's based on a BOMA standard, and I'm telling you that I don't know that that applies. I don't know that that's an appropriate application to this since -- Ms. Stierheim: But what is? Mr. Noriega: What is is whatever the property appraiser uses as his application, and I don't think he uses a BOMA standard, is what I'm saying. Ms. Stierheim: Well, what does he use then? Mr. Noriega: He's not standing right in front of us, so I couldn't tell you. Ms. Stierheim: Well, then, I shouldn't have to pay for the fact that that wasn't outlined. Chair Sanchez: Counsel from New York. Always a pleasure to have you here. Mr. Biederman: Commissioners, let me tell you why you're having to work so hard here. Most BIDs in the United States are basing their assessments on assessed value. In my role as an advisor to the Coconut Grove BIC, I urged them not to use assessed value, but rather, to use something that would not, A, float up and down in good times and bad times, like AV (Assessed Value), and B, be constantly fought over by certiorari attorneys, like AV. So they are using, unlike most other districts, except those run by me, square footage. The next question David Collins properly had is, how are we going to establish square footage. And I said the best way to do it is to refer to what Art Noriega just said, which is the record that is being used by a government agency to determine tax liability. And if those records are in the hand of the County Commission, that is as good an objective standard as any. So listening to both sides, I tend to side with what Art Noriega and David Collins just said, which is good objective record exists at the County for the square footage. Whether it was used -- derived from a BOMA standard or not, it's objective. No -- the County did not try to advantage any given property owner versus another by accumulating those records. And under the pressure of having to act today, as we just heard about half an hour ago, I would probably advise you to use what the County has. Ms. Stierheim: With that said, the County -- and let's look at folio number 01 41211260010, which is the first phase. The adjusted square footage is 477, 698, okay. Now, if you were to fill the entire lot, which comes to 95,247, to come up with that amount of square footage, you would City of Miami Page 50 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 have to have a five -story enclosed building on all areas of that land. Now, does CocoWalk have that? Chair Sanchez: That's -- Mr. Noriega: Let me interject. And I'll -- I'm sort of going to tag onto what Mr. Biederman said. Then the issue really ought to be -- Mia, it ought to be an appeal you make to the County appraiser because if your -- Ms. Stierheim: I -- Mr. Noriega: -- if those records are incorrect, then the burden on you really is to appeal that calculation; but at this point, they have to use a level standard by which to measure this, and that's the only standard they have available to them. And that's sort of my argument. Ms. Stierheim: Well, I'm -- Mr. Noriega: That appeal ought to be made to the County, not -- Commissioner Sarnoff. Are we --? Ms. Stierheim: I agree. However, from the very early stages of this BID process, we brought this discrepancy up, and we were told that's the whole point of the equalization board is to come before them, show proof which we did, hire an architect and did that so that we could resolve it. So, therefore, that's why I'm bringing it forward now because I was told, hey, Mia, go forward with the BID and we'll look out for you during the equalization board because that's what we're set up to do, is to come up with fair numbers on the proof that you provide. And now it doesn't seem like you want to do that. Commissioner Sarnoff. Are we beyond the issue of the first ground level parking issue? I mean, that's the only issue I have for me. Mr. Collins: I believe so. I'm -- if I may, sir? Chair Sanchez: Absolutely. Mr. Collins: I'm reviewing this 78,151 square feet. And this, if I understand it correctly, is the amount of other and common area square footage, which you're suggesting; and that would mean how much retail -- I mean, the mission before this entity is how much retail office and restaurant square footage are you stipulating? Ms. Stierheim: We are not adjusting that. I said in the very beginning we'll agree to the 197,000 square feet of retail restaurant and office. Mr. Collins: Yes. Ms. Stierheim: We agree to the 353,669 square feet for parking. It's this other adjusted square footage that's floating out there, and it was based off a wrong folio number, that all the rest of the square footage was applied to so that it would add up to the amount of square footages on the folio numbers. Mr. Collins: I understand. Ms. Stierheim: So we went ahead and had it all certified -- City of Miami Page 51 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Collins: Right. Ms. Stierheim: -- and that's what our dispute is. Commissioner Sarnoff. So let me just ask a couple questions. Mr. Collins: May I ask one more, sir? Commissioner Sarnoff. Sir. Mr. Collins: Thank you. So you're asserting that the County tax record is something like 60,000 square feet off. Ms. Stierheim: Correct. Mr. Collins: And are you also implying that that square air horseshoe at the center of Coco Walk, which is occupied by restaurant seating and kiosks, five or six kiosks, are also not determinative, in terms of what is square footage allowed at the County? Ms. Stierheim: I don't understand. Are you talking about my open -- Mr. Collins: Yeah, the big, open plaza. Ms. Stierheim: -- my courtyard area of the first level? Mr. Collins: Uh-huh. Ms. Stierheim: Where the kiosks are. Yes, I'm counting that. Mr. Collins: Oh, okay. Thank you. Chair Sanchez: All right. Mr. Collins: So your point is that 60,000 square feet is wrong? Ms. Stierheim: Correct, because we don't have the same common areas on the second, third -- and there is none on the fourth level. Chair Sanchez: We'll get to that. Commissioner Sarnoff. Ms. Stierheim: It's an open-air center. Chair Sanchez: We'll get to that. Commissioner Sarnoff. Commissioner Sarnoff. Mia, you're asking for a seven -- as to phase 2, right, you're asking for a 78,151 square foot reduction, correct? Ms. Stierheim: Yes. Commissioner Sarnoff. I said that correct -- Ms. Stierheim: Only -- yes. It's only applied to phase 1 -- Commissioner Sarnoff All right. Let me say it one more time. City of Miami Page 52 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Stierheim: -- of the folio number. Commissioner Sarnoff: As to phase -- So you're only objecting to phase 1, and you're looking for a 78,151 square foot reduction. That's not the total square feet; that's your reduction. Ms. Stierheim: No. That's -- I'm sorry. No. The 78,151 is my total common area. So what I'm asking is, if you look at the assessment on Coco Walk for other adjusted square footage, they're showing us at one thousand -- I mean, 139,639, and I'm asking that number be replaced -- Chair Sanchez: To 78. Ms. Stierheim: -- with 78,151. Commissioner Sarnoff Replaced with 78,1000 [sicJ? Ms. Stierheim: Correct. Replaced -- Commissioner Sarnoff: With -- Ms. Stierheim: Yes. Commissioner Sarnoff: Right. Ms. Stierheim: The cover letter shows the addition on each floor level, and then it's certified by Gail Baldwin's office. Commissioner Sarnoff: So you're assessed right now at 139, 639. You're asking to be assessed at 78,151. Ms. Stierheim: Correct. Commissioner Sarnoff: All right. I think I may have a solution. All right. I'm going to make a motion that the number properly assessed should be 93,151 square feet, predicated upon what appears to be approximately 15,000 square feet of underground parking or at -level parking. I think the evidence -- the substantial evidence shows that -- the competent and substantial evidence shows that there's 93,151 feet. Chair Sanchez: So you took the underground parking, you subtracted it from the original -- Commissioner Sarnoff: Actually, took her number, 78,151, found 15,000 square feet to be underground parking, which should be assessed. That comes to 93,151 square feet. Chair Sanchez: All right. There's a motion to assess at 93,151. Is there a second? Commissioner Regalado: Second and a comment. You're saying that the County's off by thousands of square feet, right? As you know, there is a new elected property appraiser, and his goal is to start assessing in March. So the question is, should -- and this is for the City Attorney. The question, Madam City Attorney, is if they were to be reassessed, in terms of square feet, by the property appraisal [sic] office of Miami -Dade County, which is the official and the only entity that can appraise property, and the numbers change, does she get a midyear assessed -- new assessment? Does she have to wait? Does she get a rebate? What is the process? 'Cause this works like the property appraisal, right? Ms. Bru: Commissioner, this final assessment roll that will be adopted today will be in place for this year. There will be no adjustments during this year. City of Miami Page 53 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Regalado: I understand. Ms. Bru: How we go forward after this year, this initial year, we'll have to determine the procedure. This method of assessing properties, pursuant to Chapter 170, doesn't have all the specifications and regulations and procedures that your regular ad valorem taxes have, and we're just going to have to work on this and try to come up with a way to deal with the next assessment for next year. Commissioner Regalado: Because, after all, this is just like ad valorem taxes assessment. Ms. Bru: Well, it's a little different. This is a special -- Commissioner Regalado: Well, it's a little -- Ms. Bru: -- assessment. Commissioner Regalado: -- different, but it pays by square foot. Ms. Bru: Yeah, yeah. The methodology that has been adopted by this Commission -- Commissioner Regalado: Is the same one -- Ms. Bru: -- is the square footage methodology. Commissioner Regalado: -- that property appraisal [sic] uses. So that's why -- that is why I'm saying that if you do get reviewed by the property appraiser -- and you will, because he's in the process of reviewing all the properties with this market as it is -- I guess that you need to bring -- 'cause this is for this fiscal year? Ms. Bru: This assessment now, if adopted today, will -- I think, in 30 days from the adoption of this resolution, the bills will go out. They will be due in 30 days. So we're looking at April. Mr. Collins: Mid -April. Ms. Bru: So it'll be -- the assessment year will commence on April. For this year, it will be a partial year assessment. Commissioner Regalado: That's what I'm saying -- Ms. Bru: And then we will -- Commissioner Regalado: -- that it would run through the calendar -- Ms. Bru: Through the calendar year. Commissioner Regalado: -- not to the calendar year, but the budget year. Ms. Bru: Through the calendar year. This is an annual assessment using the calendar year. Commissioner Regalado: Okay. Ms. Bru: That's what my understanding is. That's how the -- the ad valorem taxes are based on calendar years, not fiscal year. And I would suspect that you're doing the same thing, correct, Mr. Collins? City of Miami Page 54 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Collins: To the best of my knowledge, Ms. Bru, we're going to be operating on the same fiscal year as the City Commission and the City of Miami. Ms. Bru: The assessment -- I believe that the tax bill that would go out would be based on a calendar year. Mr. Collins: Yes, but for the first year, it's going out April 1 for a six-month assessment. Ms. Bru: Well, it's a partial year assessment. Mr. Collins: Yes, ma'am. Ms. Bru: Yes. Chair Sanchez: Yes, partial. Commissioner Regalado: That's what I'm saying. Chair Sanchez: Okay. Anything else, Commissioner? Okay. So there's a motion and a second, 93,151. Yes, sir? Mr. Collins: I apologize, Commissioner Sanchez. May we have restated on the record where this asserted 60,000 square feet appears, you know, what part -- what folio it's from? And how it resulted? Chair Sanchez: 01 41211260010. Commissioner Sarnoff. That's what I got, too. Chair Sanchez: All right. Are we okay, counsel? Ms. Xiques: I'd just like to clarify. The adjusted square footage for that folio is currently at 477, 698. I'd like to clarify whether you're reducing that entire number to 93,151 or whether --? Ms. Stierheim: No, we are not. Ms. Xiques: Okay. That's the number that we need, the correct adjusted square footage. Commissioner Sarnoff: That's what I was trying to get to, I thought. Do you understand what we're trying to do? Ms. Stierheim: Yeah, I do, but since I don't know specifically how the adjustor put the numbers together, I think that's not a very reasonable request for me right now. It's not. How am I going to do it? Just guess? I don't know how the adjustors -- all I know is phase 2 was the office and the second garage. Phase 1 was the main retail component of CocoWalk and the first garage. Now, how am I going to break that apart and tell you exactly what's the retail and what's the office and what -- you know, I can't do that right here. Commissioner Sarnoff. I got you. I hear you. Mr. Collins: Thank you. Chair Sanchez: It still doesn't add up. City of Miami Page 55 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff. Right. What -- just for the -- Can you give us the records, square footage for both folios? Like we just heard the 001 folio. What is -- and by the way, what is the square footage again? Ms. Xiques: The square footage on the folio number terminating in 0010 is -- Commissioner Sarnoff. Correct. Ms. Xiques: -- 477, 698. Commissioner Sarnoff. All right. Now what is the other folio? Ms. Xiques: The folio number terminating in 1000 is 212,610 square feet. Chair Sanchez: But she wasn't -- she was okay with phase 1. Commissioner Sarnoff. I just -- I'm just trying to figure out which folio's which. You're saying the one ending in 1000 is the folio attendant to what square footage of your place? Ms. Stierheim: One thousand is the 212, which applies to the office component and the second garage, which is phase 2. Commissioner Sarnoff. Okay. Now I know what you're talking about. Ms. Stierheim: Okay. Commissioner Sarnoff. And your position, if I heard you correctly, is you believe that it is -- I heard the number 139, 639. No? Ms. Stierheim: What's the question? Commissioner Sarnoff. You had indicated that you were assessed at 197,000 square feet? Ms. Stierheim: I'm sorry. Okay. If we go to the assessments that's broken down for CocoWalk, you have for the other adjusted square footage, 139, 639. Commissioner Sarnoff. Which one is that pertaining to? Ms. Stierheim: That's pertaining to common area. Commissioner Sarnoff. Common area of 0010? Ms. Stierheim: Actually, it's of both. Chair Sanchez: Oh. Commissioner Sarnoff. Oh, this should be fun. Ms. Stierheim: 'Cause there's common areas in both folio numbers. Chair Sanchez: All right. Why don't we do something. Commissioner Sarnoff You can't make a decision. Ms. Stierheim: So I have a certified measurement for you that's attached showing -- City of Miami Page 56 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Regalado: But -- Commissioner Sarnoff: But we can't break it out. Commissioner Regalado: No, but can I ask --? Who told you to go to an architect and -- Ms. Stierheim: Marc Sarnoff. Commissioner Regalado: -- get a certified -- Ms. Stierheim: -- and Dave Collins, and my BIC committee. Commissioner Regalado: And this is what the architect came up with, the 78,151? Ms. Stierheim: Correct. Commissioner Regalado: Well -- David. Chair Sanchez: All right. Why don't we do something. Let's table this one, let's move on to the next one, we'll pick this one up at the end, okay. Let me figure out where we're at on this, okay. So take a breather. We'll get back to you. Keep things on ice. Okay. All right. Next folio. We'll get back to it. No decision was made on that folio. It'll come back and we could figure out exactly the -- I mean, you're dealing with Coco Walk here, you know. Barbara Wendel: Mine's a lot easier. Barbara Wendel, Double Tree Hotel, 2649 South Bayshore Drive, and folio number 01 41220011431. I'm ask -- Chair Sanchez: Hold on. Ms. Wendel: It's okay. Chair Sanchez: All right. Go ahead. Ms. Wendel: Okay. We are a hotel, and I am asking for -- I fully support the BID and the BIC -- the BIC and the BID, but I'm asking for a reduction in the assessment. I voted yes, and I'm asking for a reduction in the assessment based on three items. I'm asking for a reduction for -- it's 18,000 down to 10,000 annually. We do provide marketing dollars for the Grove in many other areas, and marketing is a large portion of any of the hotel's budget, so we already have budgeted other dollars to market Coconut Grove and the hotels. We do participate in the summer marketing program, which is, again, matched by the City, and by the Convention and Visitors Bureau, along with our own e-marketing, advertising, restaurant marketing, et cetera. Secondly, we do provide a six percent bed tax to the City that is over and above the normal sales tax and no other retailer provides that. And -- so I believe that we are funding -- we have provided extra funds to the City in this fashion. Also, we can't pass this on in any way, shape or form to anyone. And this was -- we had asked the City Attorney to put a -- if we could attach it as a tax to a folio. The answer was no. I had gone to several of the hotels. We've gone to our legal people, and we can't attach -- we can't pass it on in any way, shape or form. Chair Sanchez: All right. Dave, where are you at on this one? Mr. Collins: Sir, I've met both with Barbara at the Double Tree and with Sam Kelly from the Residence Inn Marriott. And I feel that, in terms of fairness and equitable position on this across-the-board, is to charge an annual fee of $10,000 to each hotel. And what's especially telling to me is I worked with them for months to try and define a way that they could pass it on City of Miami Page 57 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 to their guests as a tax, and we negotiated with their corporate structures and it just didn't happen. It's not a tax; it's an assessment. And in regard to that, they do spend a lot of money promoting the destination of Coconut Grove. Ten thousand dollars a year for each of them, I feel, is fair, increasing in year six by another thousand dollars to eleven thousand. And it raises the possibility that some of the other hotels who are not currently part of the BID might wish to attach at that same level, thereby making the whole picture more sane. As mentioned earlier by Mr. Manno, you know -- Chair Sanchez: Right. Mr. Collins: -- we have several hotels that are not involved, and I would like to continue discussions with them. And this level is an appealing level, and I believe, a fair one, sir. Chair Sanchez: Okay. Commissioner Sarnoff: The bed tax is passed on already. Ms. Wendel: Yeah. Commissioner Sarnoff: It's not coming out of you. So the legitimacy of that is -- Ms. Wendel: I'm just saying we provide it. Commissioner Sarnoff: No, I got that. And maybe you don't get your fair share back and that's a whole different issue probably for another day. Commissioner Regalado: No, she doesn't. Commissioner Sarnoff. Right. Like I said, probably for another day. So the bed tax is not something you eat, so to speak. It's just something that you act as a vehicle on behalf of the County. Ms. Wendel: Correct. Commissioner Sarnoff Okay. You say you've advertised a significant portion of your annual budgets on marketing Coconut Grove as a destination. Can you give me an amount or how much you put into as your annual budget? Ms. Wendel: Strict advertising, no salaries and wages, no extraneous fees, none of my Hilton fees, $80, 000. Commissioner Sarnoff• And just for, I guess -- let me -- Ms. Wendel: Twenty -- but thirty thousand in paper click -- on the Internet. Commissioner Sarnoff• Thirty thousand on the Internet? Okay. Ms. Wendel: Out of the 80, so, you know -- Commissioner Sarnoff• And where does the other 50 go? Ms. Wendel: Ten goes to the summer promotion that we have. Commissioner Sarnoff• What is the summer promotion? City of Miami Page 58 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Wendel: The advertising campaign that all the ho -- that most -- six of the hotels or five of the hotels participated in last year -- Commissioner Sarnoff. Okay. Ms. Wendel: -- and we will do it again. It's already budgeted. Ten thousand for food and beverage marketing. Commissioner Sarnoff. What does that mean? Ms. Wendel: For the restaurant, the hotel. I do it in My City Eats and -- you don't really want to know all this. I mean -- Commissioner Sarnoff No, I'm curious. I mean -- Chair Sanchez: Just keep the word fairness in mind. Commissioner Sarnoff• Right. Chair Sanchez: Okay. Commissioner Sarnoff• I'm going to make a motion to reduce all the hotels to $12, 000 flat rate a year. Chair Sanchez: All right. Why not 10? Commissioner Sarnoff• Why not 10? Because that -- Chair Sanchez: You could -- if you're separate -- and you guys are separate? Are you different folios? Ms. Wendel: Yes. Chair Sanchez: Yeah. Speak on different folios. The whole thing here is how do you come with an equitable solution to be able to be fair with all the hotels. You can't have -- Commissioner Sarnoff• Right. Chair Sanchez: -- a different price. Commissioner Sarnoff• I agree. Chair Sanchez: It's coming, you know, to an agreement. Commissioner Sarnoff• I think one leg of her stool is the fact they're not eating a bed tax. That's something that gets passed on to the consumer. So, you know, they had agreed to 18,000. It seems fair and equitable, and based on competent and substantial evidence, that 12,000 would be a fair and adjusted rate. It's a reduction of $6, 000. Chair Sanchez: Okay. How many hotels will be affected? Commissioner Sarnoff• One, two -- Ms. Wendel: There are only two hotels -- City of Miami Page 59 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff -- three. Ms. Wendel: -- in the whole BID. Chair Sanchez: No, wait. Ma'am -- Ms. Wendel: The other six are not part of that. Chair Sanchez: Ma'am, hold on. How many hotels? Commissioner Sarnoff It's Double Tree, Sonesta, Residence Inn and Grand Bay. Chair Sanchez: Okay. Commissioner Regalado: But only two participate. Commissioner Sarnoff• Two presently. Do you want to say --? Chair Sanchez: Dave. Mr. Collins: There are three included in the BID as we stand here. The fourth wants to attach to the BID and would be -- find that level appealing that Ms. Wendel has suggested. So that we're talking about four, basically. Commissioner Regalado: But if we need to assess the property today, that fourth, it's coming late. Commissioner Sarnoff• On a voluntary basis. Commissioner Regalado: On a voluntary basis. Commissioner Sarnoff• Right. Commissioner Regalado: So they will pay the assessed -- the normal assessment to every hotel? Commissioner Sarnoff• They pay what they would -- they pay what any other hotel would pay if they want to voluntarily attach. Chair Sanchez: All right. So there's a motion for 12,000. Is there a second? Commissioner Regalado: I'll second the motion. Chair Sanchez: All right. There's a second. Discussion? Commissioner Regalado: Well, I -- number one, I -- like Commissioner Sarnoff says, the bed tax, it's already there. It doesn't work either way, bad or for the better for your hotel because you have to immediately send that to the County. And you do have a budget, and you are willing -- the hotels are willing to participate with that amount. However, if you were to participate on a joint advertising project from the BIC, you would probably be matched by the BIC. If -- or get some kind of rebate from the BID? I mean -- no, I mean -- what I'm saying is you have a budget of80,000, right? Ms. Wendel: I'm saying that's what I spent, my -- it's -- Commissioner Regalado: Eighty thousand dollars and thirty thousand on the Internet and -- City of Miami Page 60 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Wendel: Right. Commissioner Regalado: -- but you do joint -- Ms. Wendel: Well, that's just one portion of it. Commissioner Regalado: I know. You do joint for -- with other hotels. Ms. Wendel: For 10,000, yes. Commissioner Regalado: For destination. Ms. Wendel: Right. Commissioner Regalado: For destination. You don't do restaurants. Ms. Wendel: No. I do my own restaurant. Commissioner Regalado: You do your own restaurant separate than the others. Ms. Wendel: Right. I'm just saying that's what we spent last year -- Commissioner Regalado: Right. Ms. Wendel: -- $80, 000. Commissioner Regalado: Right. Ms. Wendel: Over and above this amount. Chair Sanchez: All right, so -- Commissioner Regalado: But what I'm saying is -- what I'm saying to you is that your budget, which is 80,000, probably last year, this year it may be very well -- Ms. Wendel: Like 60. Commissioner Regalado: -- less -- Ms. Wendel: Yeah. Commissioner Regalado: -- but the BIC could supplement with joint advertiseing what you're paying to the BIC. Well, you're saying no, but that's the idea of the BIC. Commissioner Sarnoff: That's intended. That is -- what you're saying is exactly what is -- Commissioner Regalado: That's what I thought the BIC will do -- Commissioner Sarnoff: Right. Commissioner Regalado: -- is get together with you and increase or supplement your advertising budget or do a destination -- if the BIC does a destination campaign, you don't have to do a destination campaign, and you can focus on using your dollars in your restaurant or in your specials or in your summer. That's what I thought is the BIC intent. City of Miami Page 61 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff. And just so you know, I mean, I think two benefits that have not been brought out for the hotels is, number one, you all have a certain amount of representation on the BID board; and number two, the BIC recently gave you powwow dollars so the BIC is very concerned with the success of the -- the powwow is the biggest convention you can think of. It's sort of like having the Super Bowl of conventions come to Miami, where it's happening this year. And the BIC was, I thought, very good to the hotels, and I think it's a good thing for the hotels to be in. They're getting a lot of representation and a lot of resources from the BIC. Chair Sanchez: All right. So it's $12,000 across-the-board. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk -- Ms. Bru: Mr. Chairman. Chair Sanchez: Yes. Ms. Bru: Because what you did now was not just adjust an individual complaint, I think you should put something on the record. Now what you've done is you've actually changed the apportionment that was done for the hotel's classification. So I would like for somebody to put something on the record as to how it is rational and fair for all hotels to be, regardless of the number of rooms, assessed at the same rate. Chair Sanchez: All right. Before -- You will speak, sir. You will have your opportunity. As a matter of fact, come on. You're next. Come on up. You're next. Sam Kelly: So some of those -- oh, I'm sorry. Ms. Bru: Is this going to deal -- Chair Sanchez: First of all, sir -- Ms. Bru: -- with this issue? Mr. Kelly: Sorry. Chair Sanchez: First of all, I need you to state your name and address for the record. We'll vote on that after. Let's listen to all the hotels. Maybe he's -- has facts that are going to change my mind. Commissioner Sarnoff. Right. Chair Sanchez: So let's listen to all the hotels and then we'll determine what is -- first of all, in all fairness, okay -- Mr. Kelly: Correct. Chair Sanchez: -- that's the word here. In fairness to all the hotels, which you agree upon to work together to accomplish our common goal or what we want to accomplish. So, sir, your name and address for the record, and who do you represent? Mr. Kelly: I am Sam Kelly, general manager of the Residence Inn, Coconut Grove. It's 2835 City of Miami Page 62 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Tigertail Avenue, Coconut Grove, Florida 33133. I thank you for the opportunity to let me speak on behalf of the hotels as well. With us only having two of us right now that are here, one which is coming in, the other fourth hotel, as we know, is currently not open and will not be open until maybe the end of the year. In my case, marketing dollars, we spend 2.5 percent advertising Coconut Grove with every tag. It's on every name. We are called Residence Inn by Marriott, Coconut Grove. So the tagline of Coconut Grove is on all of our advertisement and everything that we do. We spend -- last year was $151,000 on that, plus we have a sales and marketing team in-house that we spend roughly 124, 000. So there's a significant amount of money there that we are advertising for specifically the Residence Inn, but also Coconut Grove, because everything that we do, we advertise for the Grove. We also participate in the six percent bed tax, which we spent $410,000 on that last year, which gives us a total of $686, 000. We, as a hotel, promote the Grove. That is a destination for us. Just as people coming, we have a particular package on our Web site, things to that effect, that Coconut Grove -- Why stay in Coconut Grove? For the convenience of what we offer in Coconut Grove. So we are advertising it all over the place. What we are asking for is an assessment -- a fair assessment to reduce the prices. My particular hotel was assessed at $16,825 -- and someone may correct me. We were assessed on the number of rooms we have. So, therefore, if she's assessed at 12,000 and I'm getting the same assessment, I really don't feel that's fair. Chair Sanchez: Okay. Ms. Burns: Excuse me. Could we get the folio number for the record? Chair Sanchez: Yes, please. Mr. Kelly: Sorry, 01 41210250310. Chair Sanchez: All right. Commissioner Regalado: May I say something -- Commissioner Sarnoff: Yeah. Commissioner Regalado: -- Marc -- Chair? I think that if the assessment -- the original assessment was done by room -- It was done by room, right? Mr. Kelly: Correct. Commissioner Regalado: So -- It wasn't? He's saying yes and you're saying no, so we don't know. But if it was done by room and she was assessed 18,000, and you've been assessed 16,000, correct? Mr. Kelly: She was assessed at 18,000. I was assessed at 16,825. Commissioner Regalado: Because the number of rooms. Mr. Kelly: Because the number of rooms. Commissioner Regalado: Well, then -- Mr. Kelly: I have it right here in the book. Commissioner Regalado: You know, a Solomonic decision is you reduce him the same amount that you reduce her, and you do it hotel by hotel. And it's only fair, right? City of Miami Page 63 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff. Do you know what her room computation was so we can do that mathematical formula? Mr. Kelly: Her number of rooms? Commissioner Sarnoff: Yeah. Mr. Kelly: Would be 196, correct? Chair Sanchez: You have that, his numbers, Dave? Mr. Collins: Yes. Commissioner Sarnoff So 190 -- and you have how many rooms? Mr. Kelly: I have 140. Commissioner Sarnoff• Could somebody do that computation? Mr. Kelly: It was at a rate of $120.18. Commissioner Sarnoff• How much? Mr. Kelly: A hundred and twenty dollars and eighteen cents was the rate that they have in the assessment book. Mr. Collins: I just respectfully disagree. I mean, the assertion that the $10, 000 level was picked as a generous level to allow hotels to be part of this, and I was told when I went to that with them by others that people would attempt to whittle it down because that's what business people do, and I respect that as well. But $10, 000 I see as an equitable level for hotels to participate in this project. Below $10,000, it's difficult for us even to provide BID services to an area such as would be represented by the Residence Inn. Ten thousand dollars, I feel, should be the level, unless Commissioner Sarnoff wants to make it 12,000. Mr. Kelly: And that is correct. But what I would like to say on that is if we originally had two different assessments, in order to be fair, I would say then we should come in between and offer the $10,000 to both of us. Chair Sanchez: The ten to both; ten to you and ten to the other hotel, right? Mr. Kelly: Right, because -- I mean, I'm going to pay 12,000 -- Chair Sanchez: You've -- sir, you've made your point -- Mr. Kelly: Okay. Chair Sanchez: -- and you've made it very eloquently, okay. Now, on this, the motion that was presented with a second was $12,000. Commissioner Sarnoff you still stand with that motion? Commissioner Sarnoff• I do. Chair Sanchez: Okay, so the 12 is -- instead of 10, it's going to be 12, okay? That's the motion that's being presented here, okay? Mr. Kelly: Okay. City of Miami Page 64 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: All in favor, say "aye." Ms. Burns: Excuse me, Mr. Chair, we didn't hear a motion and a second prior to the vote. Chair Sanchez: The second was made by Commissioner Regalado for the record, and if not, he can make it -- he could second it again. You did second it, Commissioner? Commissioner Regalado: What are we voting? On this gentleman? Chair Sanchez: No, no, no no. We're voting -- Commissioner Marc Sarnoff made a motion. It's going to be $12, 000 for all the hotels. Commissioner Regalado: No. Commissioner Sarnoff then said to the attorney, we'll do it case by case. Commissioner Sarnoff. Well -- Commissioner Regalado: Did you or did you not? Commissioner Sarnoff. No. I -- in my process of understanding this, I did say that. Commissioner Regalado: Okay. Commissioner Sarnoff. But -- Commissioner Regalado: That's what I'm asking. That's all. Commissioner Sarnoff: Okay. Commissioner Regalado: Because this is not -- I thought it wasn't a blanket for the hotel. I heard you say case by case. That's why I'm asking why are we -- who are we voting for? Commissioner Sarnoff: And David is suggesting a $10,000 base level for the hotels, and I think $12, 000 is a more appropriate number. And I think, for the sake of simplicity, that -- I think these hotels are getting a great deal predicated upon what they're getting in terms of marketing dollars and BID resources, so I'm going to maintain my $12, 000. Chair Sanchez: Commissioner -- Commissioner Regalado: For the whole -- all the hotels? Even those who come voluntarily? Commissioner Sarnoff. If they want to voluntarily come on, it's even better, sure. Commissioner Regalado: Okay. I'll second the motion. Ms. Bru: All right. Chair Sanchez: All right. Ms. Bru: Again, before you vote, remember the legality of a special assessment is based on a test which has two components, the benefit to the property has to be a special benefit, and then the assessment has to be apportioned fairly. So there needs to be something on the record that would support assessing hotels -- because initially the formula -- the methodology was the number of rooms. If you're going now to a flat rate, there must be something placed on the City of Miami Page 65 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 record as to why it would be fair for a hotel that has 120 rooms to be assessed at the same rate as one that has 160. Commissioner Sarnoff: The record evidence would demonstrate that the vote was predicated upon each one of these respective hotels having in excess so far -- in excess of 18,000 and $16,000, which that vote having passed. What this Commission is doing is setting the floor for hotels, that this is the minimal amount the hotels will get. The record evidence clearly demonstrates that the hotels are the direct beneficiaries of significant BID resources, which include BID dollars towards marketing, BID dollars towards cleanliness, BID dollars towards security, all of which are a significant component parts of hotel operations. The fact that they're going to have more policing, the fact they're going to have more sanitation, and the fact that they're going to even get powwow dollars, as we speak, based on the BIC's previous experience - - and they'll be able to, I believe, go into a cooperative marketing project, which I think will even save them money from their own dollars, from their own budgets, which they put on the record. Ms. Bru: Thank you. Chair Sanchez: All right. Ms. Burns: And Mr. Chair. Chair Sanchez: Yes, ma'am. Ms. Burns: On this specific item, we have specified one folio and we have voted previously on another folio for a hotel. We're doing each folio on an individual basis per hotel, correct? Chair Sanchez: Yes. Ms. Burns: Thank you. Chair Sanchez: Yes, absolutely. All right. So we would have to vote on her folio first, and then we would have to vote on his folio first [sic]. Ms. Burns: We've already voted on the first folio -- Chair Sanchez: Okay, so we're voting -- Ms. Burns: -- for the hotel. Chair Sanchez: -- on the second folio, as presented. Okay, so -- Ms. Burns: Correct. Chair Sanchez: -- this is the -- the action taken now is for that folio. Ms. Burns: Correct, to 12,000. Chair Sanchez: All in favor of say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That takes care of both of your folios. Let's go ahead and continue. I think we almost have it worked out with the CocoWalk. We'll get back to it. Any other -- Yes? Ms. Bru: Mr. Chairman, just for the record, there is a third hotel that's been assessed, right? So City of Miami Page 66 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 when we -- Chair Sanchez: He's -- Ms. Bru: -- when you vote on the final resolution, Veronica will read into the record that because you made now a change across-the-board that that assessment of that other hotel will also be adjusted. Ms. Xiques: If you could actually just take a vote on that. It's folio 01 41220011500, Merco Group at GB (Grand Bay) Hotel LC, doing business as the Grand Bay Hotel. That would be the third hotel. Chair Sanchez: That'll be the third hotel. Okay. Ms. Xiques: And if you could take a vote. Chair Sanchez: Is there a motion? Commissioner Sarnoff: So move for 12,000. Chair Sanchez: Motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Sarnoff, second by Commissioner Regalado. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition -- Commissioner Sarnoff: Predicated upon the competent substantial evidence that we heard for the other hotels. Chair Sanchez: Yes, as stated on the record. Okay. So that hotel has also been included into that. Of course, Veronica will put all the changes into the record that have reflected on the resolution so it is clear on the record. All right. So who's next? You're back. Mr. Manno: I'm back with some evidence. Chair Sanchez: All right. Okay. Now you're talking. Mr. Manno: All right. Michael Manno, representing 2699 South Bayshore Drive. Again, folio number 01 41220011521. In hopes of satisfying the Commission, I'd like to present to you guys our rent roll, which shows that we have a hundred percent occupied building and what the square footage of each unit is and the sum of all that total. Commissioner Sarnoff Can you show us the record? Mr. Manno: Sure. Chair Sanchez: And you didn't make copies, did you? Mr. Manno: I did (INAUDIBLE). City of Miami Page 67 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: Hey, we got to make some money. Mr. Manno: A dollar thirty-two pales in comparison. Ms. Burns: Excuse me. And we need a -- Chair Sanchez: Yeah. Ms. Burns: -- copy for our records, please. Chair Sanchez: Let me just give you some bad news. You need one, two, three, four, five, six -- Commissioner Sarnoff: He's welcome to go into my office. Chair Sanchez: No, no, no, no. That's all right. Got to have a little sense of humor. All right. Now you're talking. Let' s see what you got. So your total square feet is 70 -- Mr. Manno: Our total of rented square footage for -- Chair Sanchez: Seventy-five thousand? Mr. Manno: -- 75,652. Chair Sanchez: Okay. Mr. Manno: And in fairness to the board, what this does not show here is 459 square feet of a small storage room. So if we want to include that as well, we come up to the -- I think 7601 that I had previously mentioned. Commissioner Sarnoff: All right. So Michael, you previous -- well, this is for a motion to reconsider. Mr. Manno: Please. Commissioner Sarnoff So you were previously assessed at 105,062 square feet? Mr. Manno: Correct. Commissioner Sarnoff• And you'd like that now to be 75,652? Mr. Manno: Correct. Commissioner Sarnoff• All right. Let me make a motion to reconsider the folio attendant to number two at this hearing today. Chair Sanchez: All right. There's a motion to reconsider. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. No discussion on the item. All in favor, say aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." So the item has been City of Miami Page 68 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 reconsidered. There's nothing on the table right now. Commissioner Sarnoff Correct. Mr. Manno: Thank you. Chair Sanchez: So -- Commissioner Sarnoff I would now make a motion predicated upon Mr. Banno's [sic] competent and substantial evidence that there is 75,652 square feet of what we would call -- Mr. Manno: Office space. Commissioner Sarnoff -- office space -- assessable office space. Chair Sanchez: Assessable office space. Commissioner Sarnoff• Correct. And then that would be the reassessment from 105,062 square feet to 75,652 square feet, if you are able to tell me that the rent rolls that you've just provided me are true and authentic copies -- Mr. Manno: Yes. Commissioner Sarnoff• -- and they are competent and substantial evidence of square footage of 75,652 square feet. Mr. Manno: Yes. Commissioner Sarnoff• Okay. I'll make that motion. Commissioner Regalado: Second. Chair Sanchez: And that your property's a hundred percent occupied, as stated on this document? Commissioner Sarnoff• Right. Mr. Manno: Correct. Chair Sanchez: Okay. Commissioner Regalado: Second. Chair Sanchez: There's a motion. Is there a second? Mr. Manno: He did. Chair Sanchez: You second it? Commissioner Sarnoff• He did. Chair Sanchez: All right. Any further discussion -- if not -- pertaining to this folio? All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 69 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations, sir. Mr. Manno: Thank you, gentlemen. Chair Sanchez: All right. Good job. Commissioner Sarnoff. (UNINTELLIGIBLE) hire you. Chair Sanchez: Good job. All right. Next. Next contestant on The Price is Right. Miguel Lara: Good afternoon, again. Miguel Lara; address is 283 Catalonia Avenue, Coral Gables; and I'm here on behalf of Coconut Grove Playhouse LLC, whose property is located at 3500 Main Highway; folio number is 01 41210450140. I am requesting that the property loc -- that is -- where the Coconut Grove Playhouse is situated be either removed or, in the alternative, be assessed at zero on the assessment roll because the Coconut Grove Playhouse is a non -for -profit corporation and has been so for 30-plus years. Page 2 of the proposed resolution specifically excludes non -for -profits from the assessment roll. Like I said, the Coconut Grove Playhouse has been a non -for -profit for 30-plus years, and this is evidenced by the fact that the property at issue is not assessed ad valorem taxes. Right now the Playhouse is not actively open. However, the Playhouse is currently in the process of restructuring its operations in the hopes that it can, number one, rehabilitate the building, and number two, recommence the theater. Commissioner Sarnoff. Counsel, what's your full name? Mr. Lara: Miguel Lara. Commissioner Sarnoff. Miguel. Is it all right to call you Miguel? Mr. Lara: Sure. Commissioner Sarnoff. Miguel -- Chair Sanchez: Get ready. Commissioner Sarnoff. -- correct me if I'm wrong, that Playhouse has been closed going on four years now, right? Mr. Lara: I believe so, Chairman [sic]. Commissioner Sarnoff. And correct me if I'm wrong, that Playhouse, in the past year, chose to either sell, rent or convert its parking to American Parking Authority? Mr. Lara: If I may address your question, Commissioner. Basically, as of right now, the parking lot is being leased to a private company. However, all of the revenue is being used for the charitable purposes of the Coconut Grove Playhouse, and that right now is mainly maintaining the actual Playhouse, which is, as you all know and if you drive by there lately, is in deteriorating condition and is an historical landmark. Commissioner Sarnoff. Well, I understand that you're an ad -- Chair Sanchez: Well, I've contributed a lot to that restoration parking there. Mr. Lara: Yes. I have too. City of Miami Page 70 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: 'Cause I don't park there for free. Commissioner Sarnoff: Maybe I -- Mr. Lara: Neither have I. Commissioner Sarnoff: -- should let Art Noriega speak before I continue 'cause I have a lot of questions to ask. Mr. Noriega: No. I mean, I just make the point that that surface lot is a -- open to the public, transient lot. It charges patrons to park there, so it has a commercial enterprise; and as a matter of process during the BID process, the Parking Authority, which is a nonprofit as well, is contributing to the BID. So there is clearly a precedent that would conform to the idea that they should be paying into the BID as well, as a commercial enterprise, whether it's owned by a nonprofit entity or not. Commissioner Sarnoff: Are we merely assessing the parking garage -- the parking lot? Mr. Noriega: Yes. This is just the lot. Commissioner Sarnoff. Okay. So Miguel, you made some statements, which I'd love to challenge, and let me start. Mr. Lara: Sure. Commissioner Sarnoff. In the first place, the Coconut Grove Playhouse does not provide public documents. They will not, correct? Mr. Lara: Correct. Commissioner Sarnoff. So we just have your good word to go by what they're doing? Mr. Lara: That is correct. Commissioner Sarnoff: And you're an advocate on their behalf? Mr. Lara: Yes. Commissioner Sarnoff: Okay. And further, the Playhouse incurs in excess of -- I think it's $8,000 a month in electric bills? Mr. Lara: I'm not sure, so I can't speak to that number. Commissioner Sarnoff: But you told me a moment ago that all the money goes to that purpose, whatever purpose -- what purpose was that, again? Mr. Lara: Well, right now the main purpose has been -- Commissioner Sarnoff: That reforming purpose, what is it called? Mr. Lara: -- is -- Commissioner Regalado: Charitable, he said. City of Miami Page 71 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff Charitable -- Mr. Lara: Yeah, charitable purpose. Commissioner Sarnoff -- purpose. Mr. Lara: Oh, right now -- Commissioner Sarnoff So -- Go ahead. Keep going. I don't mind. Mr. Lara: Right now the revenue is being used to maintain the historical landmark, which is the actual Playhouse -- Commissioner Sarnoff Right. Mr. Lara: -- and whatever costs go into that, whether it be electricity, regular maintenance, and that's basically all the money is being used for from the parking lot. Commissioner Sarnoff• So they rent out the parking lot, and you're telling this board, as an advocate, of course, that all the money they get from that parking arrangement goes for their charitable purpose? Mr. Lara: Correct, yes. And again, I am saying -- Commissioner Sarnoff• Have you seen any documents to describe that charitable purpose? Mr. Lara: I personally have not, but -- I mean, again, this is evidenced by the fact that this property has not been assessed ad valorem taxes. Commissioner Sarnoff• How would you explain then to Art Noriega that they've been participating in the BID process? Mr. Lara: I can't speak to that 'cause I personally don't have any knowledge of that. Commissioner Sarnoff• And how would you speak to the fact that one of the principals of the parking area has been representing -- has been on the BID process advocating for the BID? Mr. Lara: Again, I can't speak to that. I wasn't part of those conversations. Commissioner Sarnoff.• So -- and if I were to ask you to come forward with documents attendant to the expenses as to what they've been spending their money on for the past four years, would you voluntarily do so? Mr. Lara: I do not have that information with me. I would have to see if I can get -- Commissioner Sarnoff• Would they waive what they consider to be their privacy because they don't seem to think that by taking governmental funds they have to turn over documents? Mr. Lara: Again, without speaking to them, I couldn't answer that question. Commissioner Sarnoff• You couldn't make that representation -- Mr. Lara: I couldn't at this time. Commissioner Sarnoff• -- that they'd do so? City of Miami Page 72 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Lara: No. Commissioner Sarnoff Okay. And do you know if they've been paying other expenses that wouldn't be attendant to their charitable purpose? Mr. Lara: Based on my conversations with them, they have represented to me that all the revenue is being exclusively used for their charitable purposes, whether it be for the theater or -- Commissioner Sarnoff What is that charitable purpose, by the way? Mr. Lara: Well -- Commissioner Sarnoff What charity do they represent? Mr. Lara: -- they are -- they run a theater and it's used for educational purposes and for theater Commissioner Sarnoff• When was the last time they ran that theater? Mr. Lara: I think it was about four years ago. Commissioner Sarnoff• So in the past three, two, one -- what'd they do this Christmas charitably? Mr. Lara: Not sure. Commissioner Sarnoff• What'd they do last Christmas charitably? Mr. Lara: I'm not sure. I think right now -- Commissioner Regalado: They planned. Mr. Lara: I think maintaining the historical landmark could be considered a charitable purpose. Commissioner Sarnoff• Do you -- have you been out there? Do you consider that a maintained historical landmark? Mr. Lara: I mean, from the outside, it doesn't look in great shape. I mean -- but that's not to say if it -- the money that's being used to maintain it, it couldn't be in even worse shape. Like I said, I'm not sure how much money is being generated by the leasing of the parking lot. Commissioner Sarnoff• You don't know. Mr. Lara: I do not know that exact number. Commissioner Sarnoff• So if I were to tell you it was $10,000 a month, you wouldn't know if I'm right or wrong? Mr. Lara: I wouldn't know, no. Commissioner Sarnoff• Okay. All right. I think I know enough to make a motion. Chair Sanchez: You did that five minutes ago to make a motion. City of Miami Page 73 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff I never get to talk about -- Chair Sanchez: Come on. Commissioner Sarnoff -- the Playhouse because they would never answer any of my questions, but Miguel's been very good. Chair Sanchez: All I know, they've made a lot of money off of me when I park there, and you know what? They should have a human being there taking care of people, not only a credit card. Mr. Lara: I agree. Chair Sanchez: All right. Commissioner Sarnoff And by the way, just so you all know, as a result of them not having a human being, the BIC -- Chair Sanchez: They lose -- Commissioner Sarnoff Well, no. Let me tell you what the BIC is doing. The BIC now sends patrol into that parking facility at no charge to you or, theoretically, now maybe a charge to you. So we take good care of your parking lot. Mr. Lara: I understand. All I would add is that while the theater was actually in -- running and in operation, it -- Commissioner Sarnoff Back in two thousand and -- Chair Sanchez: Four? Commissioner Sarnoff -- four? Three, four? Mr. Lara: The use of their parking lot was considered a charitable -- you know, they had no problem with that being part of their charitable purpose, the use of the parking lot, so -- Commissioner Sarnoff But at what point do you just stop considering yourself being a theater when you're closed so long? And was that the charitable purpose, the theater? Mr. Lara: Theater and educational purposes. Commissioner Sarnoff So any of the money that the director was making for himself, was that charitable? Mr. Lara: Well, I mean -- again, this is a registered -- Commissioner Sarnoff• It was his charity, I guess, but -- Mr. Lara: -- 501(c)3 -- Commissioner Sarnoff• Charity begins at home, right? Mr. Lara: I agree. But again, this is a 501(c)3 non -for -profit corporation. Commissioner Sarnoff• I got it. City of Miami Page 74 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Lara: It is my understanding that that category, you know, has not been challenged by anybody; so, again, as of right now, I can say that they are a non -for -profit organization. Commissioner Sarnoff: Well, I certainly hope they challenge it because then their books would be open to discovery, and I don't think they're prepared to do that. But Michael, you've been a very -- Miguel, sorry -- nice sounding board today. Mr. Lara: Okay. Chair Sanchez: And we're certainly not going to kill the messenger. Commissioner Sarnoff: Right. Mr. Lara: I thank you for that. Chair Sanchez: All right. You did a good job, counsel. All right. They just sent you to the battlefield -- Commissioner Regalado: The motion is to? Commissioner Sarnoff Motion to deny. Chair Sanchez: -- without a weapon. All right. There's a motion to deny. There's a second. Commissioner Regalado: Second. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Counsel -- Mr. Lara: Thank you for your time. Chair Sanchez: -- good job. All right. That takes care -- Anyone else? If not, we're going to get to Coco Walk. Commissioner Sarnoff• Oh, here comes the heavy lifting. Mr. Biederman: Mr. Chairman, David -- Chair Sanchez: Yes. Mr. Biederman: -- Collins asked me to speak for a second about a point raised by a gentleman earlier, and how it's been treated elsewhere. He was a tenant in one of the retail complexes -- Chair Sanchez: But do me a favor, counsel. Just state your name and address. Mr. Biederman: Dan Biederman -- Chair Sanchez: Thank you. Mr. Biederman: -- consultant to the BIC. Generally, I don't think cam charges are the basis for further charges on retailers within complexes in BIDs in America. I have not studied it City of Miami Page 75 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 extensively, but it would probably be a good thing if CocoWalk and Mayfair did not use, as the basis for their pass -through to tenants, the raw square footage plus the cam charges. It's not a matter necessarily of policy for either the BIC or for the Commission. It's just it would be good practice. I was asked for my opinion and David thought it would be good to read it into the record because the gentleman did make a valid point, we think. Chair Sanchez: Point taken well into advisement. Mr. Biederman: Okay. Chair Sanchez: Thank you. Okay. CocoWalk. Is that the last one? Is there anyone else, or is that the last -- Coco Walk's the last one? All right. I think there has been an agreement. Ms. Stierheim: No. Chair Sanchez: No? Ms. Stierheim: No, not yet. There's been a meeting of the minds. I mean, we -- we're doing the math together and so forth, but I just called Gail Baldwin to find out exactly how big the parking -- loading dock is, and it's exactly 70 by 125, so it's 8,750 square feet. Chair Sanchez: Eight thousand -- give me those numbers. I want to -- Ms. Stierheim: Seven hundred and fifty square feet. Chair Sanchez: What's the loading dock? Ms. Stierheim: It's 8,750, and it's 70 by 125. Chair Sanchez: All right, but the square feet is 8,750. Ms. Stierheim: Correct. Chair Sanchez: Okay. Ms. Stierheim: And I think we're in agreement on how to subtract the numbers and figure out the calculation for the folio square footage for you. Commissioner Sarnoff I'm dumb with math so somebody can add it for me. Chair Sanchez: I'm going to work this out. Mr. Noriega: Well, the math will be pretty simple. The add back in for that loading zone area was proffered by Commissioner Sarnoff at 15,000, so if he's willing to accept the 8,750 number as certified by Gail -- and we can certainly get something in writing by Gail as documentation subsequent to this -- then the adjustment's fairly easy to make. Commissioner Sarnoff.• You want to give me that -- what that adjustment is? Mr. Noriega: Sure. Commissioner Sarnoff• And anything we do -- would do would be subject to confirmation by a licensed architect. Ms. Burns: And Mr. Chair, we had a previous motion and a second on that item. City of Miami Page 76 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff: Reviewed by the City Attorney. Chair Sanchez: On which item? Ms. Burns: On this folio. Chair Sanchez: Well, yeah, but it's going to be amended as to the original -- Commissioner Sarnoff: So you're saying we had a motion and a second. Chair Sanchez: Why don't we do something. Commissioner Sarnoff Why don't we just withdraw? Chair Sanchez: Yeah, withdraw it. Commissioner Sarnoff• I'll withdraw the motion. The seconder, I'm sure, accepts. Chair Sanchez: Okay, so nothing's on the table. Commissioner Regalado: I'll second. Chair Sanchez: Listen, the number -- Art, the number that you came up with that I'm looking at here is, correct me if I'm wrong, 600 -- Ms. Stierheim: Sixty -- yeah. Chair Sanchez: All right -- 643 -- Commissioner Sarnoff• Eight twenty. Chair Sanchez: -- 800. Mr. Noriega: Correct. Chair Sanchez: Okay. Commissioner Sarnoff• Eight twenty. Ms. Stierheim: But that's with the 15 -- right. Chair Sanchez: Hold on, hold on, hold on. Mr. Noriega: So if you subtract back out of that 6,000 and -- what's the number? Chair Sanchez: No, no, no, no, no. If anything, on the loading dock, if you want to take that off, subtract 8,750, and whatever it gives you, that's -- that'll be the number assessed. Mr. Noriega: No, no. He's adding the loading dock back in, so you got to subtract the difference between 15,000 and 8,750. It's 6,000 and -- Commissioner Sarnoff• They'll give us a number. Mr. Noriega: -- 6,250. City of Miami Page 77 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff Six thousand -- Mr. Noriega: Two hundred and fifty square feet -- Commissioner Sarnoff -- two hundred and fifty. Mr. Noriega: -- is what you would add back -- Commissioner Sarnoff• Give me the final number. Mr. Noriega: It's 6,250 minus 643 -- whatever that number is. Commissioner Sarnoff• Six forty-three, eight twenty minus what? Mr. Noriega: Six -two -five -oh. Commissioner Sarnoff• Six -two -five -oh. Six thirty-seven, seven seventy? Chair Sanchez: What do you get? Mr. Noriega: That's the number. Ms. Stierheim: That's the number I have. Commissioner Sarnoff• Do you believe a lawyer got that right? It never happens. Chair Sanchez: What number do you have? Commissioner Sarnoff• I have 637, 770. Ms. Stierheim: I have another question. All right. Since you've asked that the loading dock get added in -- and maybe David can answer this, or even Art -- a loading dock falls under parking or does it fall under other? Chair Sanchez: I don't think it falls under parking. Mr. Noriega: No. It -- we -- he -- Commissioner Sarnoff made reference to it as a add back into the common area, so it doesn't fall into the parking category -- Ms. Stierheim: I thought he made a reference -- Mr. Noriega: -- and I would agree with that in principle. Ms. Stierheim: -- adding it in as parking, right? Chair Sanchez: And that's -- listen, that's where I have an issue there. That is -- Ms. Stierheim: Yeah. Chair Sanchez: -- not a parking. You cannot park -- Mr. Noriega: It's not. Chair Sanchez: -- cars there to charge or anything. City of Miami Page 78 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Noriega: It's a common area. Chair Sanchez: It's a common area to deliver the goods and stuff. When there are no deliverable goods, guess what, the place is empty. Mr. Noriega: Yeah. Chair Sanchez: So I don't think that should be included. Those (INAUDIBLE) -- Commissioner Sarnoff. So then we're back to the 628 -- no, we're back to -- Mr. Noriega: The number you referenced, 630 -- Chair Sanchez: Six thirty-seven zero seven seven? Mr. Noriega: Yeah. Commissioner Sarnoff. Six thirty-seven seven seventy? Mr. Noriega: Yes. Ms. Stierheim: Yes. We're in agreement on that number. Commissioner Sarnoff: All right. Chair Sanchez: All right. Commissioner Sarnoff. You know what, you can't beat agreements. Chair Sanchez: Okay. So we agree on 637,077 [sic] as the assessed value, okay? Commissioner Sarnoff. Why don't you make the motion. Chair Sanchez: No. Why don't you make the motion. Commissioner Sarnoff. Okay. I'll make the motion that the proper assessment for folio -- I'm just going to read the last six letters [sic] -- 260010 should be 637,770 assessable square feet. Chair Sanchez: All right. Could you put the folio number --? Ms. Xiques: I'm sorry. I am -- Ms. Stierheim: No, no, no. Commissioner Sarnoff. I get the wrong one? Ms. Xiques: You do. I'm sorry. I need the assessment for -- you read the correct folio number, but it seems like you've combined. Phase 1 and phase 2 has a combined square footage of 690,308 as it's assessed. What I actually need on the record is the new value of the 399,547 square feet of just phase 1, or whatever square footage adjustment you're doing to phase 1 and that value. Commissioner Sarnoff Are you going to be providing that to us? City of Miami Page 79 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Stierheim: I'll do it. Commissioner Sarnoff: Point two six. Chair Sanchez: Okay. We're making progress. That's all that matters. Ms. Stierheim: Okay. For folio ending in 0010, I come up with 422, 460. Chair Sanchez: Okay. Ms. Stierheim: And then the other folio number ending in 1000 -- Ms. Xiuqes: We don't need that. I need the actual -- Ms. Stierheim: Okay, good. Ms. Xiques: -- I need -- Ms. Stierheim: And then the final would be -- Ms. Xiques: I don't need a final. Ms. Stierheim: Okay. Ms. Xiques: I need what your assessment is for that 4,000 -- okay. The number I'm being given by Mr. Noriega is 424, 960. What I need now is what that square footage is being assessed at. Ms. Stierheim: Okay. Let me add that together. Okay. I have 67,738 as assessed other. Are you writing this down or what? Commissioner Sarnoff: I want from the City Attorney what needs to go on the record, that's all, and I want you to just confirm it's okay. I like that word "agreement." Chair Sanchez: Mr. Collins, you'll have an opportunity to address that number when we -- Ms. Xiques: I'm sorry, Commissioner. Chair Sanchez: -- if you're in agreement or not in agreement. Commissioner Sarnoff: Tell me you've been listening, right? Ms. Xiques: I'm sorry, I was trying to calculate the -- Commissioner Sarnoff: That's okay. I saw you over there. Tell me what numbers need to go on the record so that Mia Stierheim can confirm that's what she's gotten. Ms. Xiques: The one and only number that needs to go into the record is what the assessed value of what the one folio number is. So the folio number that ends in 0010, I'm being told that the correct adjusted square footage is 4,000 -- I'm sorry, 424,960. Commissioner Sarnoff: Right. Ms. Xiques: I need to know what the assessed value of those 424 -- Commissioner Sarnoff: Are we all in agreement that's .26? City of Miami Page 80 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Stierheim: No. Commissioner Sarnoff: No. Chair Sanchez: I think Dave -- Dave, come on up. Come on. Mr. Collins: The missing key to this is the determination not just of the gross total -- new gross total of 422 or whatever, but how much of that is office, retail and restaurant, as opposed to parking or common area. Commissioner Sarnoff: Right. Mia, how much of that is office, retail, restaurant? Ms. Stierheim: Okay. Number one, there is no office -- Commissioner Sarnoff: There you go. That's easy. Ms. Stierheim: -- so we can eliminate that. And I come up with the common area pass -through as -- also, her original number was wrong. It's 422,460. Chair Sanchez: No. Wait a minute. Ms. Xiques: I am being given a different number by Mr. Noriega, so I need a consensus as to what the correct number is so that I can -- Commissioner Sarnoff: You know what? Why don't we take a five-minute recess. Ms. Xiques: Okay. That sounds great. Thank you. Commissioner Sarnoff: Is that all right, Mr. Chair? Chair Sanchez: That sounds good to me. All right. City of Miami Commission meeting stands in recess for five minutes, till we're able to figure this out. [Later...) Ms. Burns: I'm sorry. We don't have a quorum. Chair Sanchez: Don't we? We don't? Take a look to your left -- or your right. All right. We do have a quorum now. All right. Have we come up with a number? Thank God, we don't have to do this for another ten years. Commissioner Sarnoff: Fish or cut bait. Chair Sanchez: Let's go. Commissioner Sarnoff: Motion to deny is forthcoming. Going once, going twice -- Chair Sanchez: All right. Let's go. Mr. Noriega: The actual number for phase one, the assessment is $42,914.33. Chair Sanchez: Okay. Mr. Noriega: And the assessment for phase 2 is $25, 708.95. City of Miami Page 81 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: Yeah, but we -- she's not challenging phase 1. Mr. Noriega: I'm just -- I'm putting them all -- both on the record. Chair Sanchez: She's challenging -- Mr. Noriega: I know. Chair Sanchez: -- the assessment on property -- on phase 2. That's the only one that's being disputed here. Mr. Noriega: Phase 1 is being disputed here. Chair Sanchez: Phase -- Ms. Stierheim: Okay. Excuse me, could you repeat the phase 1? Mr. Noriega: Phase 1 is $42,914.33, adjusted down from 53,198.24, which was the original number. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff: So move to adopt. Ms. Burns: Excuse me. Chair Sanchez: There -- Ms. Burns: We have a motion already on the floor. Chair Sanchez: No. Commissioner Sarnoff: Well, let me -- Chair Sanchez: Madam Clerk, he -- Commissioner Sarnoff: -- withdraw my motion. Chair Sanchez: -- withdrew his motion. Ms. Burns: Thank you. Commissioner Sarnoff: Seconder accept? Commissioner Regalado: Yes. Chair Sanchez: All right. So there -- Commissioner Regalado: He withdrew and I accept. Commissioner Sarnoff: (UNINTELLIGIBLE). Chair Sanchez: There is nothing on the table. Now there is a motion by Commissioner Sarnoff, second by Commissioner Regalado as to the assessment value that has been proffered on the City of Miami Page 82 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 record. Any further -- Ms. Stierheim: I have a quick question, sorry. Mr. Noriega: Yeah. Ms. Stierheim: Before I agree to this 42,914.33, I'm going to need to see the total assessment. Chair Sanchez: Oh, my God. Ms. Stierheim: I know you said you don't have it, but I'm not going to agree to it until I see that. Mr. Noriega: Give you the number right now. Sixty-eight thousand, six hundred and twenty-three dollars and twenty-eight cents. Ms. Stierheim: And before the 75 percent cap? Commissioner Sarnoff. That is before the 75 -- Ms. Stierheim: Oh. Mr. Noriega: No, that's with the 75 -- Ms. Stierheim: Yeah, that -- I'll figure it out. Thank you. Mr. Noriega: Sure. Chair Sanchez: All right. Do you realize that we here have bent over backwards to help you on this issue, and we worked with you in good faith to come to a middle ground, which I think is acceptable on all sides? And you are in acceptance? Ms. Stierheim: Yes, and I appreciate everybody's help and time. Chair Sanchez: Thank you very much. Ms. Stierheim: Thank you. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Thank you so much. We're not done yet. At this time what we need to do is that we need to vote on PH.8, and what we do is on that resolution so we have a final assessment roll. So is there a motion -- Commissioner Sarnoff: So move. Chair Sanchez: -- on PH.8? Commissioner Regalado: Second. Chair Sanchez: Motion has been proffered by Commissioner Sarnoff, second -- Ms. Xiques: Before you -- excuse me -- make that vote, I need to make -- state what the changes to PH.8 are going to be. City of Miami Page 83 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: Don't you do that afterwards? Ms. Xiques: After you vote? Chair Sanchez: I'm sorry. No, no, no, no, no, no. So, yes, you need to put the changes that have made -- that have been made -- Ms. Xiques: The changes are being -- Chair Sanchez: -- on the record. Ms. Xiques: Right -- made to PH.8 so it needs to be on the record before you vote on PH.8 so you know what the changes are. Chair Sanchez: I do apologize. I take it back. Go ahead and just put all the changes on PH.8. Ms. Xiques: Okay. PH.8 is a resolution of the Miami City Commission, with attachments, fixing a final assessment roll for the Coconut Grove Business Improvement District and establishing the time and manner for payment of the special assessment to the Coconut Grove Business Improvement District. The changes are, on the whereas clause number eight, the date should be February 11, rather than February 4. As to the assessment roll, CoGo Limited is adjusted to zero, no assessment. Commodore Plaza Parking, LLC, folio 01 41210470130 is adjusted to 17,906 square feet. The assessed value is $4,655.56; 3121 Commodore Court, folio 01 41210470460, is adjusted to 20,952 square feet, with a value of $15,447.52. PMAT CocoWalk LLC, with a folio number of 01 41211260010, is adjusted to 424,960 feet, with an assessed value of $42, 914.33. Coconut Grove PT Limited Partnership, dba (doing business as) Double Tree, 01 412200114311, is adjusted to aflat rate of $12,000. Merco Group at GB Hotel LC, dba Grand Bay, folio 01 41220011500, is adjusted to allot rate of $12, 000. The Grove Hospitality Properties LLC, folio -- dba Residence Inn by Marriott, folio 01 41210250310, is also adjusted to aflat rate of 12,000. Finally, CFRI/SBOIG Venture LLC, 01 4122001152, is adjusted to 75,652 square feet with an assessed value of $11,347.80. Chair Sanchez: All right. So now we will be voting on PH.8, the resolution, so we could have a final assessment roll. All right. There was 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. Thank you very much, ladies and gentlemen. I believe there are no pocket items. And at this time, I want to thank Dave Collins. Thank you for your leadership, and all those who participated in this process to make sure that, at the end of the day, it is fair and just. So I think the proper motion right now is to adjourn. Commissioner Sarnoff: So move. Chair Sanchez: There's a motion to adjourn. Is there a second? Second. There's never a discussion for adjournment. All in favor, say "aye." Anyone in opposition, say "nay." Motion carries. Staff, counsel, thank you so much. Have a good day. And we'll be back here tomorrow early in the morning for baseball. END OF PUBLIC HEARINGS City of Miami Page 84 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 ORDINANCES - FIRST READING FR.1 09-00085 ORDINANCE First Reading District2- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Commissioner 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, Marc David Sarnoff FLORIDA, AS AMENDED (THE "CODE"), BY REPEALING DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE," AND SUBSTITUTING IN LIEU THEREOF A NEW DIVISION 17 ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD," CONTAINING SECTIONS ESTABLISHING THE COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT BOARD ("BID BOARD"), SETTING FORTH SAID BOARD'S PURPOSES, FUNCTIONS, POWERS, RESPONSIBILITIES AND DUTIES; PROVIDING FOR MEMBERSHIP, QUALIFICATIONS, NOMINATIONS AND APPOINTMENTS OF MEMBERS, TERMS OF OFFICE, FILLING OF VACANCIES, MEETINGS, QUORUM, ATTENDANCE REQUIREMENTS, REMOVAL AND ASSIGNMENT OF STAFF AND LIAISON(S), AN ANNUAL REPORT, THE SOURCE OF FUNDS, FOR PARTICIPATION IN PROGRAMS DESPITE A CONFLICT OF INTEREST, INAPPLICABILITY OF SUNSET PROVISIONS, THE TRANSFER OF ASSETS FROM THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE TO THE BID BOARD AND COUNSEL; AMENDING CHAPTER 18, ARTICLE III, SECTION 18-72 OF THE CODE, ENTITLED "CITY OF MIAMI PROCUREMENT ORDINANCE" TO ADD AN EXCEPTION TO PURCHASES MADE IN FURTHERANCE OF A BUSINESS IMPROVEMENT DISTRICT; AMENDING CHAPTER 35, ARTICLE V, OF THE CODE, ENTITLED "COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS" TO SUBSTITUTE THE BID BOARD IN PLACE OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE AND CLARIFY THE AMOUNTS THE COCONUT GROVE BUSINESS IMPROVEMENT TRUST FUND IS TO RECEIVE FROM PARKING SURCHARGE FEES; AMENDING CHAPTER 54, ARTICLE IX, SECTION 54-341 AND 54-343-54-344, OF THE CODE, ENTITLED "COCONUT GROVE SPECIAL EVENTS DISTRICT" TO SUBSTITUTE THE BID BOARD IN PLACE OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE AND TO ADD THE BID BOARD AS AN ADDITIONAL INDEMNIFIED PARTY; MORE PARTICULARLY BY AMENDING SECTIONS 2-892, 2-1250-2-1264, 18-72, 35-221-35-222, 35-224, 54-341 AND 54-343-54-344 OF THE CODE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09- 00085 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Commissioner Gonzalez: All right. We're going to go into PH.3. Oh, I'm sorry; that has to be after 10..30. City ofMiami Page 85 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff. I don't know. What we -- Commissioner Gonzalez: Okay, FR.1. Commissioner Sarnoff. No. We have -- that's -- yeah, you're right. You could do FR.1. Commissioner Gonzalez: Yeah, FR.1. Commissioner Sarnoff: Madam City Attorney? Commissioner Gonzalez: Anyone from the Administration on FR.1? Commissioner Sarnoff You want to put something on the record? I'll make a motion, if you prefer. Julie O. Bru (City Attorney): Do we have a quorum? I -- Commissioner Gonzalez: Yeah. Commissioner Regalado's here. Ms. Bru: Yeah. You know, Commissioner, I would suggest that FR.1 be taken up after we take PH.8. I mean, FR.1 is to create a new board, but we're going to do the final assessment roll at 2:30. We have specially advertised for 2:30 for considering the final resolution that would implement the Business Improvement District assessment, so this probably should be taken at that time. Commissioner Sarnoff: That's -- I don't have a problem with that. Commissioner Gonzalez: All right. "[Later...I" Chair Sanchez: We want to take up FR.1? Commissioner Sarnoff: Yeah. Chair Sanchez: All right, we're going to take up FR.1. FR.1 is an ordinance on first reading. Who's going to be addressing us on that? Priscilla A. Thompson (City Clerk): I'm sorry. Chair -- Chair Sanchez: Yes, ma'am. Ms. Thompson: -- if I'm not mistaken, the City Attorney was -- earlier she said that we probably need to take that out. Ms. Bru: It was just a recommendation, but the district Commissioner feels that this is first reading, so it's going to come back anyway; and we can take it up, if you'd like. Chair Sanchez: But it's my understanding that we -- at 2:30, we're -- Ms. Bru: That's the separate item. That's the resolution doing the final adoption of the assessment, the special assessment. Chair Sanchez: All right. FR.1, first ordinance. Who's going to speak on that item? City of Miami Page 86 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 David Collins: Commissioners, David Collins, Gifford Lane, Coconut Grove, executive director, Coconut Grove Business Improvement Committee. It's an honor to be here again. This ordinance, first reading, formalizes the Coconut Grove Business Improvement Committee board [sic]. The BID (Business Improvement District) -- rather, the district -- board -- pardon me; it's been a lot of years -- the BID itself was passed subject to property owner approval by this Commission July 24, so BID has already been passed. This formalizes the BID Board, and I ask for your agreement on first reading. Thank you. Commissioner Sarnoff: So move. Chair Sanchez: All right. There is a motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: -- second by Commissioner Regalado and Commissioner Gonzalez on the item. It is a resolution. It's an ordinance on first reading. Anyone from the public who wish to address this item, please step forward and be recognized. The public hearing is open, and the public hearing is closed; coming back to the Commission. Any discussion on the item? Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. I think that the intent of this agency is the right one; marketing, advertising, the clean up, an effort to get things done. This is nothing new. This is -- Miracle Mile have one and has been very successful. The merchants in only Miracle Mile, they get together and they protect themselves; and even they use their special tax or assessment or fee to bring or help businesses that are in need. I think that there are several funding areas, and I think this goes back to that old committee of the festival that once I was appointed by the Commission to chair that. I understood the needs of the resident and the business community. I don't have a problem with the funding sources, except with the issue of the general fund, donating some money to that. I think that in the climate that we have had in this past eight months and the possibilities of having many, many issues to resolve on the next budget cycle, it's important that we send a message that we are not -- are inclined to use the general budget, which is for basic services, for these kind of services. I think that the more successful that this committee or agency is, the more funding that they will get; and I just -- and that was my concern, the $200, 000 of the federal -- of the general fund. The funding is important. Without funds, you cannot advertise. A campaign for advertising is minimum, half a million dollars, to make a dent; so I understand that you need funding, and I think that the whole budget is like 1.2 or something, 1.4. I'm not sure. But I just have that concern and just want to express it on the record. Other than that, I think -- you know, I think that it is great that you all decided to get together and advertise the Grove and market the Grove. However, you need to also, I think, follow up with the parking situation because there is very aggressive parking enforcement in some areas. Actually, here; there is one e-mail (electronic) from a resident of Silver Bluff that goes to lunch everyday at the Grove and has some issues that the Manager yesterday resolved. But I just think it has to be a total thing, and congratulations, David. Commissioner Sarnoff Yeah. To the -- Mr. Chair and my fellow Commissioners, this is the first time in the City of Miami that you have created a district that is semiautonomous that has self -taxed itself to allow itself to create an enhancement on what has been described maybe as the former jewel of the City of Miami, and it needs to be polished, and it needs to be cleaned; and I would urge you to help pass this. The idea behind this ordinance is to streamline things, not to create further bureaucracies, not to create further delays that you most often associate with bureaucrats and government. The idea behind this is to allow a business improvement district to determine for its own self what is important to that district and how to move it along. City of Miami Page 87 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 If we leave Coconut Grove to the City of Miami devices, I suspect that it will remain not the rating that it deserves but where it finds itself presently. There are many issues that the Grove necessarily cannot help for himself, namely, the Playhouse. The Playhouse has always been an incubator business for the Coconut Grove Business District. Unfortunately, it is in the hands of people who are not from the Grove. Matter of fact, the chairman of that particular board lives in Broward. It's hard to imagine that we have found ourselves in a situation where one of a three-legged stool is in Broward County. However, it is imperative that the Grove be allowed to self -govern to a limited degree. This is an ordinance that has been worked through with the City Manager. It creates a base -level service agreement with the City of Miami so that we maintain a certain level of service. From that service the business improvement -- excuse me -- business improvement district enhances those services. They'll include, Commissioner Regalado, marketing; they would also include cleaning; they would also include better policing, all as a result of people determining for themselves that they were going to tax themselves -- and imagine this, in this day and age, somebody voting in the past two or three months to tax themselves more money. That's hard to imagine; yet, in the hailstorm, in the windstorm, or the hurricane, if you will, blowing against any type of self -taxation, these folks did that. So I'd ask you to support the present funding areas as they exist right now, give them the ability to get a leg up. There's a lot of dust on the Grove. There's a lot of rust on the Grove. Allow it to clean up for at least one or two more years at the funding source, at the level that it is, and then they will be able and be in a position to reassess what taxes they'll tax for themselves, if they would increase it or not. Just give them this opportunity. I think they have more than paid their fair share to the various parts of the City of Miami by the general fund, and it's just simply a way to allow them to just get started. Chair Sanchez: All right. Any further discussion on the item? I am supporting the item on first reading. I tend to agree; this is something that the Road -- the Coconut Grove merchants have done in economic times, and it's something that I think, overall, is going to be good for the Grove. But I've looked at the language on the creation, and I would like to sit down with Mr. Collins; and I would like to sit down with the City Manager and make some minor changes, which will not be substantial changes, not to the funding, because I think that, overall, there needs to be a little bit more oversight, not to -- and I agree with you; I think that it should be self -governed to a certain degree so we don't add bureaucracy. In other words, we want more opportunity, less bureaucracy. But this language, whoever created this, really is something that is outside of the norm that has never been done in the City when you compare it to other boards. So I think, in the sake of harmony and the sake of the diplomacy, we could sit down and tweak it where I think I would be more in favor of supporting it in second reading; so I look forward to meeting with you, Mr. Collins, and with the City Manager to make minor tweaks to this, and hopefully, it'll come back to the Commission with no substantial changes and we could approve it on second reading. All right. So it is a ordinance on first reading; it will come back to us on second reading. Can you read the ordinance into the record, followed by a roll call? Ms. Bru: Okay. Yes, Mr. Chairman. I just want to clarify this ordinance is for the purposes of not just establishing a new board; we're also repealing the Business Improvement Committee that has existed for quite some time, and it's also amending our procurement article to provide for an exemption that would be consistent with Chapter 170 of the Florida Statute for purposes of acquiring goods and services related to marketing, promotion, and management of a business improvement district. The actual action by this Commission whereby the business improvement district will be established will happen this afternoon at 2:30, pursuant to the publicly noticed meeting. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Well, that's a mouthful. All right, roll call. Ms. Thompson: Roll call. City of Miami Page 88 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 FR.2 08-01394a District 3- Chair Joe Sanchez A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-14 ENTITLED "ENCROACHMENTS ON OR IN RIGHTS -OF -WAY, PUBLIC EASEMENTS, PRIVATE EASEMENTS OR EMERGENCY ACCESS EASEMENTS; EXCEPTIONS," TO UPDATE THE REFERENCE TO THE FLORIDA BUILDING CODE; TO PERMIT AN ENCROACHMENT OF A PEDESTRIAN OR VEHICULAR OVERPASS/UNDERPASS, SUBJECT TO CITY COMMISSION APPROVAL BY RESOLUTION, BELOW THE RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE THE OWNER TO PAY A USER FEE RELATED TO THE GRANTING OF PERMISSION BY THE CITY COMMISSION FOR THE ENCROACHMENT OF A PEDESTRIAN OR VEHICULAR OVERPASS ABOVE OR UNDERPASS BELOW SAID RIGHT-OF-WAY, PUBLIC EASEMENT OR EMERGENCY ACCESS EASEMENT AREA; TO REQUIRE A COVENANT TO RUN WITH THE LAND AS A CONDITION FOR GRANTING PERMISSION FOR SAID ENCROACHMENT; TO PROVIDE THAT DELINQUENT COSTS OF RESTORATION AND SIMILAR COSTS SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN ON THE OWNER'S ABUTTING PRIVATE PROPERTY; PROVIDING A GOVERNMENTAL EXEMPTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01394a Legislation.pdf 08-01394a Summary Form.pdf 08-01394a Letter.pdf 08-01394a Attachment.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones Commissioner Gonzalez: FR.2. Stephanie Grindell: Stephanie Grindell, director of Public Works. FR.2 is an ordinance amending the City Code regarding the use of aerial rights, specifically to include the user fee for non -occupiable passageway over the -- or under the public right-of-way. Commissioner SarnoffIs -- I -- this came back -- I'm sorry, Mr. Chair. Commissioner Gonzalez: All right. Commissioner Regalado: Do we need a motion? Commissioner Sarnoff. I'll so move it. Commissioner Regalado: Second. City ofMiami Page 89 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Gonzalez: All right. We have a motion, and we have a second. Discussion? Commissioner Sarnoff: This is -- this has been discussed once before on a first reading, correct? Ms. Grindell: Correct. Commissioner Sarnoff: And it's coming back again on a -- Ms. Grindell: First reading. Commissioner Sarnoff: -- first reading. What was the substantial change? Ms. Grindell: The change that we had was in the original version. We had -- all they had to do was show a public purpose, and in this version it's a specific formula. Pedro G. Hernandez (City Manager): Commissioner, I think the, if I may, advantage here is that we have a formula, so it will be an objective interpretation of an applicant's desire to go across, over, and under the City's easement; so we get it away from having to analyze it on a case -by -case basis in a way that may be seen, at times, maybe not uniform; so I think it's best to have a formula -driven approach that whoever does the calculations will come up with a fair figure. Commissioner Sarnoff: Okay. Julie O. Bru (City Attorney): Commissioner, I'd like to point out that this is Chairman Sanchez's item, and he just stepped out for a minute. I don't know if you would like to just hold off so that you could take this up with him being here. Commissioner Gonzalez: This is whose item? Ms. Bru: It's Chairman Sanchez. It's placed on the agenda by Chairman Sanchez. Commissioner Gonzalez: All right. Let's table the item then. "[Later..'" Chair Sanchez: Okay, FR.2. I -- we'll take up FR.2. All right, FR.2. You're recognized on FR.2. Ms. Grindell: Stephanie Grindell, director of Public Works. Do you want me to reintroduce the item? Chair Sanchez: Yes. Ms. Grindell: Okay. Chair Sanchez: Just put something on the record as to those that are watching on TV (Television) know what we're talking about and what we're discussing and debating. Ms. Grindell: This is an ordinance amending Chapter 25 regarding the use of aerial rights, specifically to include a user fee for the non -occupiable passageway use of aerial or subterranean rights. Chair Sanchez: All right, on this item. This item has been here in front of us for quite some time, and it pertains as to air rights; when you have a building connecting another building over City of Miami Page 90 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 a public right-of-way, which is the taxpayers' property; and in the past, we did not have a way to formulate for us to receive revenues from this. Ms. Grindell: Correct. Chair Sanchez: And we are in a point where we need to focus on making sure that we create revenues for the City when you have these developments, such as this project. I am comfortable with the numbers because now, if you connect 800 square feet, you multiply it by the times as to what floor, and that generates us money. So we're looking at just one -- connectability of one floor you're looking at, depending on what the square footage is; but let's take an average of 800 square feet. That's $8,000 coming to the City, so that -- it makes sense now. Before, what we did is we entered into agreement with the developer to beauty or do minimal stuff, and it really didn't have a tangible amount for us to be able to justify that. I think now, based on this, we're not only creating revenues for the City; we have more of an advantage as to how we could use that money and put it back into quality of life, so I'm comfortable with it. I'm sure it's recommended by the Administration. I want to thank you, Stephanie, for working diligently on this and, basically, taking your time to bring something back that was acceptable to the Chair, and hopefully, it's acceptable to the Commissioners. So without any discussion, this is an ordinance on first reading. Is there a motion? Ms. Thompson: We -- Commissioner Sarnoff. Yeah. It was -- Commissioner Gonzalez: Yeah. It was -- Commissioner Sarnoff. -- moved and second. Commissioner Gonzalez: -- a motion and a second. Chair Sanchez: Okay. There's a motion for the record and a second. Let's open it up. Was the public -- was it open to the public? Ms. Thompson: No, it was not. Commissioner Sarnoff. All right. It is an ordinance on first reading, requiring public input. Anyone from the public wishing to discuss this item, please come forward. Seeing no one, the public hearing is closed, coming back to the Commission. No further discussion on the item. Madam Attorney, read the ordinance into the record, followed by a roll call. Ms. Bru: Yes, Mr. Chairman and members of the Commission. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0. END OF FIRST READING ORDINANCES City of Miami Page 91 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 RESOLUTIONS RE.1 09-00068 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO VACATE THE EXISTING CONTRACT WITH CHASE MANHATTAN BANK USA, FOR PROCUREMENT CARD SERVICES AND TO ENTER INTO A NEW CONTRACT FOR THE SAME SERVICE WITH JP MORGAN CHASE BANK, N.A., FORMERLY CHASE MANHATTAN BANK USA, PURSUANT TO THE DEPARTMENT OF OFF-STREET PARKING, D/B/A MIAMI PARKING AUTHORITY'S, REQUEST FOR PROPOSALS NO. 07-06, FOR THE PROVISION OF PROCUREMENT CARD SERVICES, EFFECTIVE THROUGH JULY 31, 2011, FOR THE DEPARTMENT OF PURCHASING, TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE MIAMI PARKING AUTHORITY; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00068 Legislation.pdf 09-00068 Exhibit 1.pdf 09-00068 Exhibit 2.pdf 09-00068 Exhibit 3.pdf 09-00068 Exhibit 4.pdf 09-00068 Exhibit 5.pdf 09-00068 Exhibit 6.pdf 09-00068 Exhibit 7.pdf 09-00068 Exhibit 8.pdf 09-00068 Summary Form.pdf 09-00068 Exhibit C.pdf 09-00068 Letter .pdf 09-00068 Letter 2.pdf 09-00068 Liability Insurance.pdf 09-00068 Purchase Order Agmt.pdf 09-00068 Submission Requirements.pdf 09-00068 Letter 3.pdf 09-00068 Approval of Providers.pdf 09-00068 Attachment B.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones R-09-0063 Commissioner Gonzalez: RE.1. Glenn Marcos: Good morning, Commissioners. Glenn Marcos, Purchasing director. RE.1 is an item before you, and we're requesting for the City Commission to allow the City to vacate the existing contract for P-Card (Procurement Card) services, and allow us to piggyback off the City ofMiami Page 92 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 RE.2 09-00069 Department of Capital Improvements Program Miami Parking Authority's contract for the same services with the same company; and the reason for that is because there's a more substantial rebate back to the City, and based upon the expenditures that we currently have, we're expecting a revenue of $26,000 worth of rebate coming back to the City. Commissioner Sarnoff: So moved. Commissioner Gonzalez: Is there -- we have a motion. Is there a second? Commissioner Regalado: Second. Commissioner Gonzalez: There is a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 08-0698, ADOPTED DECEMBER 11, 2008, TO APPROPRIATE NEW FUNDING SOURCES FOR CAPITAL PROJECTS AND AMEND A PRIOR GRANT APPROPRIATION. 09-00069 Legislation.pdf 09-00069 Exhibit.pdf 09-00069 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, San -toff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones R-09-0064 Commissioner Gonzalez: RE.2. Ola Aluko (Director, Capital Improvements Program): Morning. Commissioner Gonzalez: Good morning. Mr. Aluko: Ola Aluko, director of Capital Improvements, City of Miami. The resolution is to appropriate new funding sources for capital projects, modem previously approved grant amounts, and amend the Capital Improvements appropriations resolution number 80-698 to reflect said changes. This is a minor housekeeping -- accounting housekeeping that we're doing here, transferring funds from -- transferring funds that we recently received to the different project funds. Commissioner Gonzalez: Is there a motion? Commissioner Sarnoff: I'll make a motion. Can you just explain it a little better? Commissioner Regalado: Second. Commissioner Sarnoff: Where did you get the --? City of Miami Page 93 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 RE.3 09-00070 Department of Capital Improvements Program RE.4 09-00003 City Manager's Office Mr. Aluko: Yes, yes. We received funds from the Bayfront Trust last month, actually, to do some capital improvements for them. Now this is appropriating those funds into that category, and there are some other funds similar; for instance, contribution from the federal fund -- contribution from the Special Revenue Fund for the construction of a green lab. That also needs to be put in its appropriate fund so that we can actually execute the project. And there are other examples that -- it's in the legislation. Commissioner Sarnoff: Okay. Commissioner Gonzalez: Any further discussion? Commissioner Regalado: No. Commissioner Gonzalez: No? All right, we have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCAL AGENCY PROGRAM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MIAMI RIVER GREENWAY PROJECT, B-30651, ALLOWING THE UTILIZATION OF FUNDING CONSISTING OF A GRANT AWARDED FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, IN THE AMOUNT OF $2,096,041, FOR SAID PROJECT, TO BE APPROPRIATED BY A SEPARATE RESOLUTION. 09-00070 Legislation.pdf 09-00070 Exhibit 1.pdf 09-00070 Exhibit 2.pdf 09-00070 Exhibit 3.pdf 09-00070 Summary Form.pdf 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 RESOLUTION NO. 04-0717, ADOPTED OCTOBER 28, 2004, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET City of Miami Page 94 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 FORTH IN THE AGREEMENT. 09-00003 Legislation.pdf 09-00003 Exhibit.pdf 09-00003 Summary Form.pdf 09-00003 Memo.pdf WITHDRAWN END OF RESOLUTIONS City ofMiami Page 95 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 BOARDS AND COMMITTEES BC.1 08-00906 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORY: (Architect/Architect Historian) (Citizen) (Real Estate Broker) (Architectural Historian) (Alternate) (Business/Finance/Law) (Architect) (Citizen) 08-00906 memo 3-12-09.pdf 08-00906 members 3-12-09.pdf 08-00906 Applications.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Tomas Regalado Commissioner Tomas Regalado Chair Sanchez: So let's go to BC.1. BC.1 is the Historic and Environmental Preservation Board. At this time I will defer my appointment. I'm the only one that has one, Madam Clerk? Priscilla A. Thompson (City Clerk): Just one second. I'm checking -- Chair Sanchez: All right. Ms. Thompson: -- for you. Yes, you were the only one. Chair Sanchez: Okay, so we'll defer it this time. BC.2 08-01177 RESOLUTION City ofMiami Page 96 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 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. BC.3 08-01261 Office of the City Clerk APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez 08-01177 memo 3-12-09.pdf CONTINUED Chair Sanchez: Well move on to BC.2. BC.2 is the District 1 Housing Advisory Board. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: BC.1. I'm going to defer my board appointments. Chair Sanchez: All right. Commissioner Gonzalez defers his appointments on the District 1 Housing Advisory Board. Okay. RESOLUTION 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 3-12-09.pdf 08-01261 members 3-12-09.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Chair Sanchez: BC.3 is the Nuisance Abatement Board. I have an appointment and also Commissioner Angel Gonzalez. For the record, I'm going to defer all my appointments. Commissioner Gonzalez: Me too. City ofMiami Page 97 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 BC.4 08-01264 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01264 memo 2-12-09.pdf 08-01264 members 2-12-09.pdf NOMINATED BY: Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff WITHDRAWN Chair Sanchez: Okay. Commissioner Sarnoff. Commissioner Sarnoff• I don't have any appointments. Chair Sanchez: Okay. All right. Yeah, you don't. BC.4 is -- will be taken up. BC.5, Housing and -- Priscilla A. Thompson (City Clerk): I'm sorry -- Chair Sanchez: -- Commercial Loan Committee. Ms. Thompson: -- Chair. What did you say about BC.4? Chair Sanchez: BC. 4, you can't make any appointments till after we replace the BIC (Business Improvement Committee). Commissioner Sarnoff BC.4 -- Commissioner Sarnoff• Oh, sorry. That's -- Chair Sanchez: -- which -- Commissioner Sarnoff• -- the BIC. That's -- Chair Sanchez: Yeah, but we can't take any action till we -- Commissioner Sarnoff• Well, it's -- this is irrelevant because it's for the BIC, so -- Chair Sanchez: Okay. Commissioner Sarnoff• -- there's no point in moving it. Chair Sanchez: There's no appointment, all right, 'cause that's going to be done away with. City ofMiami Page 98 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Thompson: Thank you. Chair Sanchez: Okay. So we move to BC (Boards and Committees) -- so let's go ahead and for the record, for the point of clarity and keeping good record, BC.4 will probably be withdrawn; correct? Commissioner Sarnoff. Correct. Chair Sanchez: All right. BC.5 08-01409 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Commission -at -Large Mayor Manuel Diaz City Manager Pedro G. Hernandez City Manager Pedro G. Hernandez 08-01409 memo 3-12-09.pdf 08-01409 Memo -Mayor's Appointment.pdf 08-01409 Nominations 3-12-09.pdf 08-01409 Applications 3-12-09.pdf CONTINUED Chair Sanchez: All right. So we move to BC.5, which is a resolution, Housing and Commercial Loan Committee. City ofMiami Page 99 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Priscilla A. Thompson (City Clerk): There was a -- Chair Sanchez: Let me ask this -- just a question on this and just a thought reviewing some of the boards. As we streamline some of these boards and try to simplify things as we need to. Why at large, and why not two per Commissioner on the Housing and Commercial Loan Committee? Just a question I have. George, maybe you could answer my question. George Mensah: Yeah. George Mensah, director of Department of Community Development. Most of the requirements for this board in the Florida Statute from the State, and so -- Chair Sanchez: So it's -- Mr. Mensah: -- and it's specific, and so if we tried to do it (UNINTELLIGIBLE) by member, we find difficulty in being able to meet it. Chair Sanchez: So it's by state law that the appointments and nominees -- Mr. Mensah: Most of the requirements, yes. Chair Sanchez: Well, if it's state law, then forget it. All right. So are there any appointments on that? Mr. Mensah: I believe the list was submitted to the Clerk's Office and -- Ms. Thompson: And it was included in your packet, so there was a memo with a list of names included on there, one of which, Mr. Herrera; if I'm not mistaken, we got an e-mail (electronic) on saying that his name would be withdrawn. Do you want me to read off the recommended -- recommendations or --? Chair Sanchez: Well -- any of the Commissioners feel comfortable in making such appointments when they -- I have not seen that memo, Madam Clerk. Ms. Thompson: It's part of your back-up packet in your agenda. Chair Sanchez: All right. Is there any objections from my colleagues to defer this item? Basically -- Commissioner Sarnoff. No. Chair Sanchez: -- the list does not have any -- no. I'm going to respectfully, as Chair, ask that this item be deferred. Commissioner Sarnoff. Second. Well, you don't need it. Chair Sanchez: All right. Mr. Mensah: Okay. Pedro G. Hernandez (City Manager): Mr. Chair, on BC.5 I do have two appointments -- Chair Sanchez: Okay. Mr. Hernandez: -- but I'll wait until -- Chair Sanchez: Yes. City of Miami Page 100 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Hernandez: -- you take the item again. Chair Sanchez: This is -- Commissioner Gonzalez: I have a question on this item. Chair Sanchez: Sure. You're recognized on BC.5. Commissioner Gonzalez: And the question is how was the process to select all of these names? Mr. Mensah: The process -- Commissioner Gonzalez: Did they apply? Mr. Mensah: Yes. The process was through application. We did two advertisements in the newspaper, and then we reviewed it to make sure that -- one of the requirements is, as you know, the conflict of interest provision of the City Code; so we ensure that everyone -- anyone that is appointed to that seat meets the criteria of the seat and that they don't have any conflict of interest issues; and we -- some of them -- we don't even have appointment for some of the positions because nobody applied for those areas, as you can see. Commissioner Gonzalez: Okay. So people applied for these positions, and there was a process of selection among the applicants -- Mr. Mensah: There was a process selection by staff -- Commissioner Gonzalez: -- to select -- Mr. Mensah: -- to look at the qualifications and the area that the expertise is to see if they meet the qualifications. Commissioner Gonzalez: How many people applied? Mr. Mensah: I believe we got a total of about ten applications, but we have a lot of duplications. We have a lot of people from real estate area, and we only had about one or two spots for the real estate area; and some of these members are current members of the Loan Committee. What we did is that we looked at requirements of the Loan Committee and look at which areas that they would fit into, and then we place them first before we looked at the new applications. Chair Sanchez: Basically, the item was asked to defer, giving us more opportunity to -- Commissioner Gonzalez: Yeah. Chair Sanchez: -- study the process nomination -- Commissioner Gonzalez: All right. Thank you. Chair Sanchez: -- and who these individuals are and what, you know, expertise they bring to this board. Commissioner Gonzalez: Thank you. Chair Sanchez: All right. So we don't need a motion to defer the item because we're not going to take any action on it, so automatically, it rolls over. City of Miami Page 101 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 BC.6 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 3-12-09.pdf 08-01550 members 3-12-09.pdf CONTINUED Chair Sanchez: BC. 6 is the Urban Development Review Board, and the only appointment there is Commissioner Regalado. Commissioner Regalado: I will defer that, Mr. Chairman. Chair Sanchez: Okay. BC.7 09-00093 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00093 memo 3-12-09.pdf 09-00093 members 3-12-09.pdf CONTINUED NOMINATED BY: Chair Joe Sanchez Commissioner Marc David Sarnoff Chair Sanchez: We move on to BC.7. BC.7 is the Audit Advisory Committee, and I have an appointment. As I stated for the record, I will defer all my appointments to the boards. BC.8 09-00090 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Tatiana Gort Commissioner Angel Gonzalez City ofMiami Page 102 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 09-00090 memo 2-12-09.pdf 09-00090 members 2-12-09.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0070 A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff and was passed unanimously, with Vice Chair Spence -Jones absent, to appoint Tatiana Gort as a member of the Code Enforcement Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Tatiana Gort as a member of the Code Enforcement Board. Chair Sanchez: BC.8 is Code Enforcement. That is Commissioner Angel Gonzalez and two at large on that. Commissioner Gonzalez: BC.7? Chair Sanchez: Yes. Chuck -- Priscilla A. Thompson (City Clerk): Eight. Commissioner Regalado: No. BC.8. Chair Sanchez: There's one that needs a five -fifth vote, that's Chuck McEwan, which doesn't have it because we're short one Commissioner who's not present. Commissioner Gonzalez: Okay. Ms. Thompson: That's correct. Commissioner Gonzalez: On BC.8 I'm going to reappoint Tatiana Gort. Chair Sanchez: Okay. Does she need a --? Ms. Thompson: She just needs a four -fifth waiver for her attendance. Chair Sanchez: All right. There's a motion -- Commissioner Gonzalez: With a waiver. Chair Sanchez: -- with a waiver, so you need four votes; correct? Ms. Thompson: Yes, that's correct. Chair Sanchez: All right. Is there a second? Commissioner Sarnoff: Second. City of Miami Page 103 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: Second by Commissioner Sarnofffor the record. Hearing no discussion or objections from the Commission, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Commissioner Regalado: On the alternate at large, I know that there is Chuck McEwan that is the current chair that needs a 5-5. Then there is another Commission at large, so there are two; but the alternate at large, Madam City Clerk, I will move Frank Hernandez as an alternate at large. Commissioner Gonzalez: Second. Chair Sanchez: Okay, but -- discussion on the item. Chuck McEwan still stays on the board, correct? Commissioner Gonzalez: Yeah. Chair Sanchez: Okay. And who are we replacing? Are we replacing anybody on this board that has served on this board, because these individuals don't get compensated; these are individuals that really attend a lot of the meetings. They're one of the boards that's often criticized for their actions. They go out of their way, spending time away from their family, to come here and serve. I don't want to remove anybody who has not been afforded an opportunity to express that he still wants to continue, so is there -- we're not removing anybody. Are we removing somebody? Ms. Thompson: Someone would have to be removed, yes -- Chair Sanchez: Okay. Ms. Thompson: -- because -- Commissioner Regalado: Well, then -- Chair Sanchez: I will -- Commissioner Regalado: -- I will -- Chair Sanchez: -- not support it. Commissioner Regalado: -- not appoint anybody because I think that they do deserve the process. Chair Sanchez: Okay. Ms. Thompson: So that as it stands, on BC.8 we just have one -- Chair Sanchez: One -- Ms. Thompson: -- individual -- Chair Sanchez: -- appointment -- Ms. Thompson: -- who's been re -- City of Miami Page 104 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Sanchez: -- which she is -- she is currently serving the board, and she has served the board honorably, and she attends most of the meetings. All right. So did we vote on that, Madam Clerk? Ms. Thompson: Yes, you did. Chair Sanchez: Okay, so there are no more appointments on BC.8. BC.9 09-00089 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Liliana Dones Commissioner Marc David Sarnoff Donna Milo Mayor Manuel A. Diaz 09-00089 memo 2-12-09.pdf 09-00089 members 2-12-09.pdf 09-00089 Memo -Appointment Mayor.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0071 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones absent, to appoint Liliana Dones, Beba Mann, and Donna Milo as members of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 Donna Milo as a member of the Commission on the Status of Women. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones absent, to reconsider the appointment of Beba Mann as a member of the Commission on the Status of Women. Note for the Record: Commissioner Sarnoff deferred his remaining appointment to the Commission on the Status of Women. Chair Sanchez: We move to BC.9, Commission of [sic] the Status of Women. We have -- Commissioner Marc Sarnoff has an appointment. He's got two appointments. Commissioner Regalado has two appointments, and the Mayor has one appointment. Do any of the Commissioners want to proffer a name for the Commission of [sic] the Status of Women? Commissioner Sarnoff. Yes, sir. Chair Sanchez: Okay. You are recognized for the record. City of Miami Page 105 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Sarnoff: Liliana Dones and Beba Mann. Chair Sanchez: Okay. Commissioner Gonzalez: Second. Priscilla A. Thompson (City Clerk): So -- Chair Sanchez: There is a motion and -- Ms. Thompson: I'm sorry. Chair Sanchez: -- a second; both of the names have been proffered. Commissioner Regalado, do you have --? Commissioner Regalado: No. I will defer mine. Chair Sanchez: You will defer both of your appointments. Does the Mayor -- has the Mayor proffered any names? Ms. Thompson: Yes, he has. He has proffered the name of Ms. Donna Milo. She will need a four -fifth waivers because of her absences. Commissioner Gonzalez: Second. Chair Sanchez: Okay. Well, first of all we need a motion. There's a second. We need a motion. Commissioner Gonzalez: I'm sorry. Motion. Commissioner Regalado: Second. Chair Sanchez: Okay, there's a motion and a second for all the names that have been proffered. Now, for my understanding, there's one that needs a four -- Ms. Thompson: Fifth attendance waiver. That's Ms. Donna Milo. Chair Sanchez: All right. So if we get all four votes, it's not going to matter; right? Ms. Thompson: That's correct. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It received four votes unanimously. Ms. Thompson: Chair, and I apologize. I guess, as I'm maturing, my hearing is going off. Chair Sanchez: Yes, ma'am. Ms. Thompson: So I just need to make sure and confirm with Commissioner Sarnoff. I heard Liliana Dones -- Chair Sanchez: Yes. City of Miami Page 106 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Thompson: -- but I didn't hear the other name. Chair Sanchez: Beba Mann. Ms. Thompson: I apologize. Commissioner Sarnoff. Beba Mann. Ms. Thompson: Oh, Beba Mann. Okay. Thank you. Chair Sanchez: Okay, and those names have been proffered and voted on. "[Later...]" Chair Sanchez: All right. FR.2. Ms. Thompson: It's been done. Chair Sanchez: It has been done. Been done, been done. All right. So that takes care of -- does that take care all the items? Ms. Thompson: And -- Commissioner Gonzalez: All you got left is the Commissioners' items. Chair Sanchez: Commissioners' items, then pocket -- Ms. Thompson: Before -- if I might ask, Chair, before you go into that, we have an issue with BC.9, the board appointments on BC.9. Commissioner Sarnoff needs to address it. Chair Sanchez: Oh, BC.9. Commissioner Sarnoff Oh, yeah. I need to do -- Chair Sanchez: Yeah. Commissioner Sarnoff. -- a motion for reconsideration. Apparently, Beba Mann has filed to run for a Commission seat, so she cannot sit on a board; so I'm going to make a motion for reconsideration. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: Okay. There's a second for motion to reconsider. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." All right. Commissioner Sarnoff. And I'll defer -- I'll then defer. Chair Sanchez: So that position stays vacant under Commissioner Sarnoff. City of Miami Page 107 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Thompson: Thank you. Commissioner Sarnoff Thank you. Chair Sanchez: Okay. Madam Clerk, that takes care of all the items, except the blue pages -- Ms. Thompson: That is correct. Chair Sanchez: -- or the Commission items, so you like to call them. BC.10 09-00086 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 DOWNTOWN DEVELOPMENT AUTHORITY (DDA) BOARD OF DIRECTORS FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Bruno A. Barreiro Board of County Commissioners 09-00086 memo 2-12-09.pdf 09-00086 members 2-12-09.pdf 09-00086 Memo -Appointment Dade County.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0072 Chair Sanchez: BC.10. BC.10 is -- that's just confirming the appointment of Commissioner Bruno Barreiro by the Dade County Commission, and that's reference to DDA (Downtown Development Authority). Need a motion. Commissioner Sarnoff. So move. Commissioner Regalado: Second. Chair Sanchez: Motion by Commissioner Sarnoff second by Commissioner Gonzalez [sic]. 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. BC.11 09-00092 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: City ofMiami Page 108 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff 09-00092 memo 3-12-09.pdf 09-00092 members 3-12-09.pdf CONTINUED Chair Sanchez: BC.11. BC.11, that is the Equal Opportunity Advisory Board. Both of my appointments will be deferred. Vice Chair Spence -Jones is not present. Commissioner Gonzalez, you have two appointments; and Commissioner Sarnoff, you have two appointments. Anyone want to proffer any names for nomination? Commissioner Gonzalez: I will defer mine. Chair Sanchez: Okay. Commissioner Sarnoff• Equally, I'll defer. Chair Sanchez: Okay. Equally? Commissioner Sarnoff• Equally, I will defer. Chair Sanchez: Okay. BC.12 09-00088 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Luis de Rosa Mayor Manuel Diaz 09-00088 memo 2-12-09.pdf 09-00088 members 2-12-09.pdf 09-00088 Memo -Appointment Mayor.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 109 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Samoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0073 Chair Sanchez: All right. We move on to BC.12. BC.12, that is the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. The nominees or the appointees by the Mayor are one, two, three, four, five. Has he proffered any names? Priscilla A. Thompson (City Clerk): He's proffered one name. Chair Sanchez: What is that name? Ms. Thompson: He has Mr. Luis de Rosa replacing Ms. Jaime Reyes, so the name proffered Luis de Rosa. Chair Sanchez: Okay. Is there a motion? Commissioner Sarnoff. So moved. Chair Sanchez: Motion -- Commissioner Regalado: Second. Chair Sanchez: -- by Commissioner Sarnoff second by Commissioner Gonzalez [sic]. 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." BC.12 has been approved with one nominee and vote upon. BC.13 09-00091 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sue Germain Commissioner Tomas Regalado 09-00091 memo 2-12-09.pdf 09-00091 members 2-12-09.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Samoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0074 Chair Sanchez: BC.13, the Virginia Key Beach. Commissioner Spence Jones has an appointment, Commissioner Gonzalez has an appointment, Commissioner Marc Sarnoff has an City of Miami Page 110 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 appointment, and Commissioner Regalado have an appointment. This is on the Virginia Key Beach Park Trust, BC.13. Commissioner Gonzalez: I will defer mine. Chair Sanchez: You will defer yours. Commissioner Gonzalez: Yeah. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff Equally -- Chair Sanchez: Equally -- Commissioner Sarnoff -- I will defer. Chair Sanchez: -- will defer. Commissioner Regalado. Commissioner Regalado: Sue Germain. Chair Sanchez: Okay. Doesn't need any waivers? Priscilla A. Thompson (City Clerk): No, she doesn't. Chair Sanchez: Okay. There is a motion by Regalado. Need a second. Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Any discussion on the nominee? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.14 09-00087 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: Mark Bailey Mayor Manuel A. Diaz 09-00087 memo 2-12-09.pdf 09-00087 members 2-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City of Miami Page 111 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 R-09-0075 Chair Sanchez: We go to BC.14. BC.14 is the Waterfront Advisory Board, and only one appointment by the Mayor. Has he proffered a name, Madam Clerk? Priscilla A. Thompson (City Clerk): I apologize. The name proffered by the Mayor is Mr. Mark L. Bailey. Mark L. Bailey. Chair Sanchez: Bailey? Ms. Thompson: Bailey, B A-I-L-E-Y. Chair Sanchez: Okay. Need a motion. Chair Sanchez: So moved. Commissioner Gonzalez: Move it. Chair Sanchez: Motion by -- Commissioner Sarnoff Second. Chair Sanchez: -- Commissioner Sarnoff, second by Commissioner Gonzalez. 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. All right, we have five minutes. Why don't we take a five-minute recess 'cause I need some coffee; 'cause, as you know, I'm not getting too much sleep at night because of the baby, so we will be back in five minutes. END OF BOARDS AND COMMITTEES City of Miami Page 112 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 DISCUSSION ITEM DI.1 09-00057 DISCUSSION ITEM Department of DISCUSSION REGARDING A SALARY FREEZE FOR ALL Employee Relations NON -CONTRACTUAL CITY EMPLOYEES. 09-00057a Summary Form.pdf INDEFINITELY DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez and Vice Chair Spence Jones absent, to indefinitely defer item DI.1. Commissioner Gonzalez: RE.3 and RE.4 were deferred. We're going to need to go into the boards. Commissioner Sanchez is not here. Discussion. Let's take the discussion items. You want to do that? Commissioner Sarnoff.• Which is the discussion -- yeah. Commissioner Gonzalez: Discussion item, DLL Pedro G. Hernandez (City Manager): Commission, that's a discussion on the -- on salary freeze. I know that Commissioner Spence -Jones asked for the item to defer; she wanted to be present to discuss it. I had spoken to, I think, the Commissioners mentioning this. I think that they are agreeable to defer the item. However, what I wanted to put on the record was that we have heard and I've heard and I understand the Commission's desire, and my plan is to actually freeze the salaries of all City executives; and I'll be providing you more detail on that. That's about 165 individuals. And that also we're going to be taking another look at the present budget for year 08-09 to look at ways that we can tighten it so we can come back to you at the midyear point with a proposal to make some reductions, looking ahead to the year 2010, which may be a more difficult budget year. Commissioner Gonzalez: All right. Is there a motion to defer DI.1? Commissioner Sarnoff.• Yeah, I'll make that motion. Commissioner Gonzalez: Can I get a second on that? To defer DI], I need a second. Commissioner Regalado: Second. Commissioner Gonzalez: Okay, we have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion has -- item has been deferred. END OF DISCUSSION ITEM City of Miami Page 113 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 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 09-00062 DISCUSSION ITEM DISCUSSION ABOUT THE PLETHORA OF HOMELESS WHO ARE CURRENTLY LIVING UNDER THE JULIA TUTTLE CAUSEWAY. THE JULIA TUTTLE CAUSEWAY IS ALSO KNOWN AS THE 41ST STREET CAUSEWAY. IT APPEARS MORE THAN 32 PEOPLE CONTINUE TO LIVE UNDER THE OVERPASSES ON THE CITY OF MIAMI SIDE OF THE CAUSEWAY. AND IT APPEARS AT LEAST TWO VANS REGULARLY PARK AT THE OVERPASSES, APPARENTLY FULL-TIME. CONSTITUENTS HAVE WITNESSES TENTS. WE UNDERSTAND THERE ARE NO BATHROOMS AND THERE IS NO ELECTRICITY. THE JULIA TUTTLE/41ST STREET CAUSEWAY IS A MAJOR PUBLIC ENTRANCE INTO THE CITY OF MIAMI. WHO IS LIVING UNDER THE OVERPASSES? WHO OWNS THE PROPERTY? WHO IS IN CHARGE? WHAT CAN BE DONE? 09-00062 Email.pdf 09-00062-Submittal-PowerPoint Presentation -Commissioner Sarnoff.pdf 09-00062-Submittal-Commissioner Sarnoff.pdf Discussion on the item resulted in the resolution below: 09-00062a RESOLUTION A RESOLUTION OF THE CITY OF MIAMI COMMISSION URGING GOVERNOR CHARLIE CRIST TO CONVENE A TASKFORCE TO EXPLORE EFFECTIVE MEANS TO PROTECT OUR COMMUNITIES FROM SEXUAL VIOLENCE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. City ofMiami Page 114 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-09-0078 Chair Sanchez: All right, so we'll go ahead and start with -- the Mayor has none. Commissioner Gonzalez. Commissioner Gonzalez: None. Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff: Yes, sir. I'd like to call my office out to do the -- Chair Sanchez: A presentation? Commissioner Sarnoff: Yes, sir. Chair Sanchez: All right. Are they -- are you going to set up stuff to do it? Unidentified Speaker: Yes. Chair Sanchez: All right. Well, let's go ahead and, while you're doing that, we're going to get some things out of the way. "[Later...J" Chair Sanchez: Commissioner Marc Sarnoff, you -- Commissioner Sarnoff: Thank you, Mr. Chair. Chair Sanchez: -- have the floor. Commissioner Sarnoff: I'd like to bring to this Commission's attention a problem and an issue that has been going on since I've been elected as Commissioner, although it seems to be exacerbating itself as we speak. Lurking beneath one of the most beautiful roadways in our City lies somewhat of a purgatory for Miami's most unwanted. Dozens of squatters created a makeshift residence reportedly complete with a kitchen, bathroom under the Julia Tuttle Causeway; and at least, by last count, a half -dozen tents have been set up near what is a public major entranceway to the City of Miami. It appears as the majority of the men living in these squalid conditions are registered sex offenders. As a matter of fact, the Florida Department of Law Enforcement's sex offender Web site lists Julia Tuttle Causeway as the home address for dozens of these offenders. As you can see what's before you right now, this is the condition that exists directly underneath the Julia Tuttle Causeway. As you can see very readily, they are making makeshift stairs, makeshift ways of getting up and down -- I take it to be the incline/decline -- where they put many of their tents and living conditions. I think you'll also see in this particular photograph that the State of Florida -- you see that the State of Florida actually issues a Florida Identification Card that actually lists Julia Tuttle Causeway as the actual place where the State is putting these people. Now this is not limited to the City of Miami. The major question is why? Like many cities in Florida, Miami has a strict ordinance on where repeat sex offenders who use violence and who can violate victims under the age of 16 are not allowed to stay. In this case, it's at least 2,500 feet from any school, public school, bus stop, day-care center, playground, park. As you know, violators face jail time as well as a $500 fine. City of Miami Page 115 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 The ordinance is designed to protect the citizens of Miami from criminals who have an alarming high recidivism rate, and I stand firm that our residents must continue to be protected to absolute fullest extent possible. However, there's really no place to put these people in Miami. More importantly, this is State of Florida official policy. Their policy is to place these people directly under a Florida Department of Transportation roadway. This just can't simply go on. Now, I will tell you this, that a letter was written to Governor Crist back in June 2, 2008; and we asked that a task force be formed to respond to the public safety issues that are being created out of a patchwork of residents restrictions for persons convicted of sexual offenses in the State of Florida. I can also tell you that the only time I've ever been to Tallahassee was to meet with the then director of Corrections -- and I don't remember his name, but I do remember he was an admiral -- who told me it was the official policy of the State of Florida Department of Corrections to place these people directly under the Julia Tuttle Causeway. Now this letter from Governor Crist, as of a few weeks ago, has an actual response that says "Do not respond." That means that our governor has no intentions of taking any action, so I think what we need to do is get the governor's attention, since the Department of Corrections' attention wasn't adequate. And here's a resolution I would ask my fellow Commissioners to pass, and here it is verbose. Whereas, the City of Miami seeks to protect the members of a community from sexual violence; and whereas, an encampment of individuals convicted of sexual offenses has arisen under the Julia Tuttle Causeway bridge and in other outdoor locations in Miami county due to the inability of such offenders to find permissible housing under residents restrictions ordinances promulgated by Miami -Dade County, the City of Miami, as well as other municipalities in Miami -Dade County and the State of Florida; and whereas, the homeless of sexual offenders and predators threaten the safety of the public by leading some offenders to abscond, thereby obstructing the law, the ability to -- of law enforcement to track those offenders still under supervision; and whereas, the homeless and resulting instability can exacerbate the potential for reoffense [sic] and interfere with both community reentry and treatment programs in which the offenders are enrolled. Just think about this. If it is the actual policy of the State of Florida Department of Corrections to amass registered sex offenders together, just think of what that would do for recidivism as they may share their stories. Whereas, various sexual offenders have been living intermittently and possibly continuously under the Julia Tuttle Causeway since at least April of 2007; and whereas, the number of offenders living under the bridge has increased dramatically during that time, in part because many have been directed to reside there by their probation officers who cannot find permissible housings for these offenders anywhere in Miami -Dade County. And just think of the cascade effect. Once you see four, five, ten, fifteen tents, why doesn't somebody else who is having -- down on their luck also set up camp directly under that particular causeway? And to my other Commissioners, I would say to them why not your causeways? Why just the Julia Tuttle? If this is where they're going to place them, you're going to have encampments all over the place. Whereas, the public safety crisis created by the housing situation -- this is not unique to the City of Miami; other municipalities in Miami -Dade County or Miami -Dade County as a whole, but it exists not only in South Florida but almost statewide. This is a statewide problem. Whereas, the proliferation of local residents restrictions and other counties and municipalities makes cooperation among the various counties and municipalities necessary in order to address the issue. That means that we cannot do it by ourselves. Whereas, the involvement of the Department of Corrections, local and state law enforcement agencies, and other government entities in tracking offenders who are still under supervision and protection makes cooperation amongst the various state and local agencies necessary in order to address this public safety crisis. Now I'd ask that we resolve to the City Commission of the City of Miami that, number one, Charlie Governor Crist -- excuse me -- Governor Charlie Crist should convene a statewide task force to examine the effective means to protect our communities from sexual violence; two, the State task force should identi public safety concerns arising from the inability of many sexual offenders and predators to find permissible housing under the patchwork of State, County, and City resident restrictions; three, the State task force should include representation from law enforcement, probation, corrections, experts in treatment, management of persons convicted of sex offenders, research, victim advocates, human rights advocates, state and local policymakers; four, the statewide task force City of Miami Page 116 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 should work collaboratively to seek solutions that remedy this counterproductive public policy safety issue and housing crisis in a way to better protect the public from sexual violence by minimizing offender instability that can lead to recidivism and facilitating the effective monitoring and supervision of offenders still under supervision. It is mind -boggling to think that a man who has not served his entire prison sentence, who is out on probation or parole, is now being placed under State guidelines, State authority, State indoctrination to be with other sex offenders under a bridge in the City of Miami. It is simply mind -boggling that this little, dirty secret has been the policy of the State of Florida. Five, that statewide task force be convened for its meetings within 120 days after the resolution adoption and signature of this Mayor. And I would hope that the chief -- is the chief here? I would hope the chief would say something, at least in part, to address this issue and tell us what you think the proper law enforcement solution is and give us some guidance because it just cannot be that this is the way we're going to govern our city with registered sex offenders being placed under the bridges. Chair Sanchez: Before you do that, Chief Commissioner, could you provide us with the courtesy of reading the resolution that you are reading to all the Commissioners and give us some time to read it? All right, Chief. Police Chief John Timoney: Good morning. Chief John Timoney, Chief of Police. Thank you, Commissioner. As you're all aware, myself and Chief Fernandez, and obviously the Manager and his staff, and other people in the City Administration have been dealing with this issue for well over a year now with no resolution in sight. It is a problem. It's caused a great deal of strain on police resources. I've gone to that location on numerous occasions, including one time with the Mayor. And this is a problem that has been, if you will, dumped on the City by the State Department of Corrections; and literally, we have spent dozens of hours, including the Manager's valuable time, dealing with this issue with no -- heretofore no satisfactory resolution. I'm not quite sure what the resolution is, but I think I agree with your sentiments that the resolution probably resides in Tallahassee; that this is not a problem that's limited to the City of Miami or to Miami -Dade County; rather, it's a statewide, I dare say, a nationwide issue. This is not just the State of Florida. And so I think the proposal here is a good proposal to put together a task force, you know, directed by the governor. I'd be willing to serve on that task force as one of the law enforcement, if you all partners. And so, hopefully, there comes to be a resolution, but it is an extremely, extremely difficult problem that has taken a great deal of attention from the Manager's valuable time and from not just myself and Chief Fernandez, but commander -- Major Gomez and the commander that covers that area, and of course, the NROs (Neighborhood Resource Officers) who have been down there with the -- with various other City agencies dealing with the issue of -- what affects us the most is the issue of the quality of life of the cleanliness down there, littering, things of that nature. Commissioner Sarnoff.• Well, here's the thing that we cannot do. We cannot simply do nothing. You cannot sit -- if we do nothing, the State of Florida will continue to send down registered sex offenders to live at Julia Tuttle. If we do nothing, we will continue to have Miami's dirty little secret; and I say Miami only because it's the State of Florida that's putting them there. You know, it's like Washington, DC. They create a policy, and the pimple occurs right at the City of Miami's end. So in Tallahassee, they create a policy. Where does the end result of that policy occur? It happens right in District 2. It happens right at an entranceway to the City of Miami. It is absolutely unacceptable that any elected official can think that his bureaucracy, his organization can actually dictate that you send people to live under a bridge. It is -- this is America. This is absolutely ridiculous to think that it's, A, fair to the people, and B, fair to the people. What do I mean by that? Everyone involved. This is unfair. This is unfair and certainly not humane treatment even to the people under the bridge, but more importantly, this is just not fair to do to the residents. This is not an appropriate use of governmental action to have a policy in effect that puts these people under a bridge, and it is absolutely inappropriate for this to go on; and if we do nothing, if we take no action, it will go on Saturday, Sunday, Monday, Tuesday, Thursday, Friday of every week until we do something. And you know what? Until you City of Miami Page 117 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 put a politician on the spot, he will do nothing; so until we put the governor on the spot, no action will take place. Chair Sanchez: All right. We do have with us the director of Public Policy, ACLU (American Civil Liberties Union) of Florida. Are you here, Mrs. Strickland? Usually, on pocket items we don't allow people to speak, but since you traveled, we're going to give you that opportunity. Courtney Strickland: Thank you very much, Mr. Chairman. And I don't want to repeat a lot of what -- Chair Sanchez: So keep it brief. Ms. Strickland: -- Commissioner Sarnoff has already outlined, but what I do want to do is point out, first of all -- Ms. Thompson: Excuse me, Chair. I'm sorry; I need a name for the record. Ms. Strickland: Oh, I'm sorry. My name is Courtney Strickland, director of Public Policy, ACLU of Florida, 4500 Biscayne Avenue. So -- thank you -- what I do want to do is to reiterate that all the research and evidence that has been collected on the use of residents restrictions does support a lot of these assertions that they're bad for public safety. An April 2008 article in the Miami Herald stated that some 245 offenders absconded over the past year. What is happening is that this homelessness problem is an untenable situation that is leading people to basically disappear and to evade tracking by law enforcement, the exact tracking and monitoring that we want to have happen. I also just want to point out that there are alternative solutions to consider; for example, out of Lee County, I've seen a proposal that considers safety zones or what are sometimes referred to as no loitering zones, which are, in that case, 300-foot circles that are drawn around areas where children congregate, and that is something that is applied 24 hours a day; whereas, residents restrictions, for example, only have to do with where somebody is at night, which is an important point in all of this. I'm not purporting here to say what the solution is to this. I raise that because I think it's an example of the types of alternatives that this task force could discuss and consider, and we certainly do want this task force to include members of law enforcement, local and state policymakers, victims rights advocates, the whole list of people who are involved in this. The letter that we sent to the governor actually was also signed by the Domestic Violence and Sexual Assault Council of Greater Miami. It was signed by the Florida Council Against Sexual Violence and other groups. So this is something that even groups who are representing the rights of victims in these cases recognize that the situation that we have now is not good for anyone. It's not good for public safety to create the instability and transience that can lead to an increased chance of recidivism. It's not good for public safety, for people to end up evading, tracking, and monitoring by law enforcement; and it's simply a situation that must change. We think that the best way to do that is to convene a statewide task force and to make it happen. Legislation was introduced in Tallahassee last year to deal with this problem. It did not go through. The convening of a task force like this could also really move that ball along, so I think that something that we want to see happen as soon as possible. And just to reiterate, the task force is about exploring effective means of protecting our communities from sexual violence. That's what we're talking about, and that's what we want all the officials involved to talk about. Chair Sanchez: I think you've made your point very clear. And as we speak on this resolution that's about to be passed here, let me tell you I agree with the district Commissioner. It is an issue that if we don't resolve it and we don't work towards resolving it, it's only going to get worse. And once again, it is the City of Miami who, at the end of the day, will be left with a black eye. It's not about us, you know, being against anybody or being meanspirited about it. It's -- it is -- it's something that if we don't address it today, we will have to deal with harsher consequences in the future; so I think this is a step in the right direction. I had an opportunity to City of Miami Page 118 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 read the resolution, and it clearly states what it wants to do, which is to have the governor put together a task force to address this and address this in 120 days. So I -- there was a motion. I don't think there's been a second. Would you be mak -- Commissioner Gonzalez: I second the motion. Chair Sanchez: There's a second by Commissioner Gonzalez. I think there is no further discussion on this. I think it is a good resolution. Mr. Hernandez: Mr. Chairman, if you allow me real quick. Chair Sanchez: Mr. City Manager, you're recognized for the record -- Mr. Hernandez: We have been concerned -- Chair Sanchez: -- and then we'll vote on the issue. Mr. Hernandez: -- with this item for quite some time. Even as late as this past Monday, we met with the State Corrections Office, some of their officers; and it's a problem that goes way beyond what we can do at the local level. And I do support the resolution that you're now discussing. I think it's the proper course of action to move forward and bring the State into the picture because they're the ones that, in essence, have to be at the table in order to move this forward. Chair Sanchez: All right. It's a resolution. It's been read into the record by the district Commissioner. Thank you, once again, ma'am. Ms. Strickland: Thank you, Mr. Chairman. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO D4.1 09-00118 DISCUSSION ITEM A FOLLOW-UP DISCUSSION REGARDING A PROPOSED PLAN TO ASSIST SMALL BUSINESSES IN THE CITY OF MIAMI. 09-00118 Memo.pdf DISCUSSED Chair Sanchez: All right. Commissioner Regalado. City of Miami Page 119 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Regalado: Thank you, Mr. Chairman. I have two items. Number one, just a follow up regarding the plan to assist the small businesses in the City of Miami. As you remember, last Commission meeting we discussed the problems that small businesses were having with the strict enforcement of new licenses by the Finance Department. The City Attorney has done a research, and my understanding is that, number one, the City of Miami, the City Commission can -- has the ability to reduce and change fees and licenses to certain groups or certain government -- I mean, business, and also have the power to even revoke. Now my purpose is to just keep following up with the Manager, who promised that he was going to assess all the licenses and see which ones are necessary to consolidate to understand what is going on with the license, what is going on with people that have been cited for not having licenses that were never asked or enforced before, and that is the basic item of discussion; so, Mr. Manager, if you may. Pedro G. Hernandez (City Manager): Commissioners, as we discussed, I think it was in January, the idea -- what we plan to do is to go back and assess all those fees and determine what we can do, consolidation or streamlining, to make it easier on the businesses to operate. I know the Finance Department is in the process of conducting that analysis. Budget? And we'll be able to report to you in the near future as to how our proposal is to improve and be more efficient in presenting those fees. Diana Gomez: Diana Gomez, Finance director. The Finance Department is looking at the overall Code and seeing if we can consolidate and make easier the language as the Code is written right now. As far as the fees are going, we are doing the overall fee assessment or -- the Budget Department is doing an overall study, and anything that comes out of that will be taken into account when we change the ordinance or clam the ordinance or simplify the ordinance in the future. Michael Boudreaux: Mike Boudreaux, director of Management and Budget. The City employed the services of MGT of America to take a look at all of the fees that are assessed by the City to do a general review of all fees that are collected, the cost associated with its collections, and to make recommendations on consolidating certain fees looking at the current fee amount; and we expect to make a recommendation to the City Commission by May of this year when (UNINTELLIGIBLE) conclude the study. Commissioner Regalado: Yeah, but -- and it's fine; you can do it in May, you can do it in June. The question is, are we following on the new enforcement for licenses that business didn't need or -- why the strict enforcement now, specifically? Mr. Hernandez: Right. Commissioner, I think you had a concern that you expressed before and now, again, as to whether we're being selective in our enforcement; or whether -- because of maybe a reduction in revenues coming to the City that we're now stepping it up. Noel Chavez: Commissioners, Noel Chavez, Occupational License supervisor. Commissioner, there is no set agenda on any stricter enforcement at the current time or has there been way back to the last time we did a revenue task force. This is in the normal course of duty every day. Now that new personnel are coming onboard, that they're being trained, that equals the amount of man hours; and they're doing their job better, we're getting performance; but there is no stricter or emphasis or selective enforcement or any of the sort. Commissioner Regalado: Okay. Normal is normal, right? Mr. Chavez: It's normal, yes, sir. Commissioner Regalado: Then why they're asking the same business that they visited last year or the year before for new licenses if they didn't last year? City of Miami Page 120 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Chavez: I cannot exactly say. That could be that -- again, we got new personnel, better training -- or the businesses have taken on new activities -- Commissioner Regalado: No, no. Mr. Chavez: -- that they're required to do -- Commissioner Regalado: No, no, no, no. I'm not -- Mr. Chavez: -- be licensed for. Commissioner Regalado: I know what are new activities. You see, my whole point is not charging for a license; my whole point is that the City is sending a message in these difficult economic times, and you know what -- how you translate that message? The City needs more money, and they're after us. It's the bottom line. So this is all that I'm saying. I'm saying, well, you know, I understand; we need to check the license, and we should because, you know, Commissioner Gonzalez is right. There are businesses who don't even have one license. But the point is that when you go into a place that has been doing the same thing, nothing has changed for the last 30 years, and you start asking for four new licenses, people notice the difference. That's all that there is to it, is the message that you're sending, and that's -- I hope that you understand that. Mr. Hernandez: Commissioner, we do; and I think the message to the Department and to the Administration is that we have to be uniform in our application. Commissioner Regalado: Exactly. Mr. Hernandez: And continue to be, as you called it, normal in what we do. Mr. Chavez: Correct. Mr. Hernandez: We are going out of our way to be selective or to be punitive or to seem to be trying to recover or have additional revenues. We have to continue to do our job and do it the same way. Commissioner Regalado: Thank you. Mr. Chavez: Great. Commissioner Regalado: Mr. Chairman, the other item -- Chair Sanchez: Wait, wait. I'd like to address that item, if I may. On your item, on the small businesses, you've brought that up a couple of times now in the Commission meeting; and I've taken the opportunity to review a very complex process of how we do the licensings, and how we process the licenses, and how we format the licenses. I think the one thing that we could all agree on that we need to simpl fy that process, simplifying it where we make it easier for small businesses. I don't think anybody here in any way wants to stop charging fees that people are paying. It's just the whole process of simplifying it so small businesses today struggles has an opportunity to just show up and maybe fill out one or two applications, not to fill 20 or whatever it is, to get that thing done. But if you analyze the situation, it is the bureaucracy that sets us apart. It is an individual that, when he applies for a permit, being a retail store, that individual has to go through DERM (Department of Environmental Resources Management); that individual has to go through WASA. (Water and Sewer Administration). Those are County agencies. Now, look, anything that has to do with the environment, if you're going to open up a City of Miami Page 121 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 carwash, if you're going to open up a garage, if you're going to open up something that a drop of oil touches the ground, I support that process going through DERM because it is our environment. However, when you have an individual who wants to open up a business, a retail that does not require that process, why does that individual has to go through DERM? And now I could see it; it's a form of revenue, not on our side; on the County's side. And then, when that individual goes through DERM, I guarantee you that -- I'm doing my homework on this -- I will come back with the adequate research and factual evidence to show you that those businesses are paying DERM for things that maybe they don't need, and I'll -- maybe you would agree with me 'cause you know the process better than I do. The other thing is WASA. Just about every business is going to go through an application of WASA to get their water connected. You better get ready because they're hitting you with everything they get. You're going to go from a two-inch pipe to a 7- -- 12-inch pipe, and you're having to pay for that; so the burden is on the small businesses; is that, one, local government must simplify its processes, taking into consideration the basic element of being just toward -- friendly towards small businesses. But the biggest hurdle in this research that I've done, one, it is DERM that now it is required, no matter what business you open, no matter -- you could be selling ice cream in the corner. You could be -- anything you're going to do, you have to go through DERM, and that's a problem; and we need to look at that and make sure that if those businesses, there is no justification to go through that process, they will not have to go through those processes; and then it's up to us, the government, to represent those small businesses and take DERM to court if we have to take them to court to make sure that they don't have to go through that process because it is not our government who's out there trying to bring in revenues. And I've never accused anybody of going out there and using the Gestapo tactics to knock on doors and create revenues, but this City has done that. This City did that in 2001 when the City was almost bankrupt. There was a task force that went out there and collected CU (Certificate of Use) and occupational license and all those things; they did that because we needed the money. Today this City is a healthy city with a good reserve. We should not be out there doing that, not that I'm blaming anybody for doing it. But I will work -- and this is not going -- just something that we're all going to work together on -- to work with the Administration and the Legal Department to put the proper legislation together to make sure if those businesses do not need to go to DERM, they don't have to go to DERM; and I will bring back sufficient evidence of businesses that have gone to DERM not needing to go to DERM, and they left a check at DERM, a big check at DERM; and they should be entitled to get a refund from DERM because they didn't have to pay for it. Mr. Hernandez: Mr. Chairman, if I may. I believe that the Code -- the law today requires them to go to DERM. Whether it's not needed, that's another issue. But I believe that the way the law reads today, they have to go through DERM. There are many businesses that you wonder why. We may have to, in essence, look at the legal aspect of what is the basis for the County requiring that review by DERM and may have to approach the County or may have to even litigate to prevent DERM from having that power. Chair Sanchez: And that's the whole process here. I could bring a slate of businesses that don't need to go to DERM, and even if it's not a fine, it is an inconvenience for a business -- Mr. Hernandez: Yes. Chair Sanchez: -- to have to go through all those loopholes. And it gets to a point where it's very simple, Mr. City Manager; I don't have to open up my business in the City. I could open it up in Doral. I could open it up in Coral Gables. I could open it up in Miami Beach. It's that simple. Mr. Hernandez: Right, but -- Chair Sanchez: So why not simples the process to make sure that those small businesses will have that competitive edge or that simplicity to open up their business locally? City of Miami Page 122 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Mr. Hernandez: Right. Those issues, Commissioner, are issues that affect every business countywide, in any municipality across the whole county, because DERM has that countywide jurisdiction; so we have to look at the -- Chair Sanchez: Fine. And if we went to court and we won this, I guarantee you that every other city will be behind us taking up the legal challenge through the due process, saying that's an unfair process. I think it's taxation without representation. And I'm going to bring you evidence to show that. Commissioner Regalado: 57 -- Chair Sanchez: All right. Commissioner Regalado: -- 89 Southwest 8th Street, a lady is trying to set up an adult day care. As of today she has paid $60, 000 in permits to the County, to the City, to the State, but you know -- and she had to go through DERM, and she had to go through -- but she complains to the City, you know, and that's -- I think that that's the point that we're trying to make. D4.2 09-00119 DISCUSSION ITEM DISCUSSION REGARDING THE CITY OF MIAMI'S REQUEST TO THE FEDERAL GOVERNMENT WITH REGARD TO THE STIMULUS PACKAGE. 09-00119 Memo.pdf DISCUSSED Commissioner Regalado: Mr. Chairman, the other -- it's very brief -- is the federal government and the stimulus program. Last night, at 6 p.m., the House and the Senate reach an agreement with their bill that was voted by the two Houses during this week; and the vote is coming back to the House and the Senate. The whole bill, the stimulus bill, is $789 billion, which is less than what was approved by the House and by the Senate. On the original bill, the State of Florida, by the Senate bill, will get $13 thousand -- million of dollars -- $13 billion -- and the House version, $10 billion. As you know, the money will be distributed through the states to each of the states. Now on this final product, we don't know yet how much money the State of Florida is going to get, but we do know that there are community development funds for social services with the cap of 15 percent for communities that, according to the census tract, are in dire need. The City of Miami, according to the census tract, is one of those communities. So I would like just to understand what are we doing to seek those funds from the stimulus? Because, you know, every city and every county send a list; and the State of Florida spoke with a thousand voices, so none of these projects are being considered. But, indeed, we have community development money in the stimulus program, and there is money for individuals and businesses. And I just want to understand what are we doing to preempt other cities and other counties to get a share of that money? Are we -- do we have a lobbying team in place in Washington? Did they already contacted our delegation? Do we have a team in Tallahassee? Because, you know, there will be fights from 67 counties and 200 cities to get that stimulus money; and it's only 10 billion for the State of Florida, which the State is going to keep most of it, by the way. So I just want to understand that. Pedro G. Hernandez (City Manager): Commissioner, I believe that we're doing all that we can up till now in preparing for the best way to gain as much of that money as we can. Yes, we have people in Tallahassee. Yes, we have people in Washington. We've had people here in City Hall following the House action and the Senate action and preparing with our departments to jump as we have more knowledge of the specific criteria, eligibility; the process that will go through the federal department so we can be in the best position to get as much money as possible. City of Miami Page 123 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Commissioner Regalado: No. I mean -- because the final product is already there, and maybe Mr. Menendez can help us out in Tallahassee because I think that what we need to understand here is the priorities. You know, people -- there's not going to be like $250 million for one project specific. There are going to be different allocations. I'm just saying that maybe -- I don't know if this comes directly from Washington or is it coming through the state. My understanding is it's coming through the State, but anyway, maybe not. George Mensah: George Mensah, director of Community Development. There are two -- there are various vehicles by which the stimulus package will come through -- to the -- some through the State, some directly to local governments, and some to other agencies, federal agencies. With particular reference to the CDBG (Community Development Block Grant) allocation that you mentioned, we are aware that there is going to be $1 billion in CDBG funding, and that will be routed directly to local communities; so the City of Miami, by formula, will get that direct allocation as we always get every year. Commissioner Regalado: Well, the billion dollar was in the old. Mr. Mensah: No. It's still in the -- it's in the conference one. I have -- Commissioner Regalado: In the conference? Mr. Mensah: Yes. Commissioner Regalado: In the conference? Mr. Mensah: Yes. We also -- we are also getting HOME (Home Investment Partnership Program) funds, $2.25 billion in HOME funds; but 2 billion of that will be given to the State to distribute toward the tax credit projects that currently have gaps in their financing. The City will get part of the $250 million. That will also be through direct allocations, so we will get it as we get our normal allocations. There are certain other allocations, though; an example is the Nutritional Program. That will go through the State. So in my office, what we are doing is that I'm talking to my staff to be able to understand the criteria by which such funding will be distributed, and we are working with our various agencies so that -- Commissioner Regalado: Yeah, but remember that the Nutritional Program that goes to the State was the same program that cut meals to the senior centers here -- Mr. Mensah: Yes. Commissioner Regalado: -- in the past six months. Mr. Mensah: Yes. Commissioner Regalado: The State did cut those meals, and so if we are able to bring back the meals that they cut -- Mr. Mensah: Yes. Commissioner Regalado: -- we'll be fine. Mr. Mensah: Yes. Actually, I have to now look whether it was in the Senate and it was also in the House version of the bill, so I hope that they still kept it. If they do keep it, we will be on -- we will be reviewing their legislation to see what we need to do to be able to inform our agency so that they can be able to go back to the State to apply for those funding. So we're working. We're on top of it. We're ensuring that once they start, that we are ready to be able to bring City of Miami Page 124 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 some funding to the City level. Commissioner Regalado: Thank you. Thank you, Mr. Chairman. Chair Sanchez: All right. Not a public hearing. Unidentified Speaker: Oh, I'm sorry. Chair Sanchez: All right. Does that conclude your items, Commissioner? Commissioner Regalado: Yes, sir. END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 NON -AGENDA ITEMS NA.1 09-00185 DISCUSSION ITEM DISCUSSION CONCERNING THE PLANNING FOR CITY OF MIAMI FIREFIGHTER RECRUITMENT PROCESS. DISCUSSED Commissioner Regalado: Mr. Chairman, if I may. Commissioner Gonzalez: Yeah. Commissioner Regalado: Now that we are in employment matters, recently there was a press release issued by the City that the City will take new applications on the firefighters; and after what happened at the MRC (Miami Riverside Center) building two weeks ago, could you, Mr. Manager, explain this process and explain what you think went wrong in -- on the first -- the first time? Pedro G. Hernandez (City Manager): Commissioners, I think it's a combination of factors having to do with the cap that we had originally placed on the number of applications to be received; also on the fact that we had made an adjustment on the minimum requirement from an EMT, which is an emergency medical technician, down to a high school diploma requirement, which had been the minimum requirement for many years in the past. Those two factors, combined with, I would say, the economic environment in which we're in right now, calls for a large number of people to actually congregate for two days in front of the MRC administration building leading up to the first day that they could apply. We had people lined up in the grassy area just to the north of the MRC, and early Monday morning there was some movement, some surge of the people in the grass area that caused for a lot of the applicants to be out of line and out of placement that they had had for quite some time; so I feel that among the 750 applicants that we had the first day, some of them were people that maybe should have been out, some of them were people that sneaked in; and I felt that the only way to be just and fairly handle this was to open it -- remove the cap and just open it for the next two weeks to allow individuals that had been there for one or two days and were left out to have an opportunity to apply. The idea is that then the factor that would determine who moves on would be the test that they have to take, City of Miami Page 125 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 rather than be part of the initial 750. We've had over the last three days additional applications. I believe the number on Monday was 295; on Tuesday, 190; yesterday, 150. So I feel that the people that were unfairly affected by what occurred that Monday morning has been cured. Commissioner Regalado: And on the issue of the cars that were towed and the tickets -- Mr. Hernandez: That, I believe -- Commissioner Regalado: -- that were issued. Mr. Hernandez: -- the Miami Parking Authority has taken steps to relieve those people of the citations, the parking tickets that were given that -- on that location. Commissioner Regalado: Commissioner Sarnoff. Commissioner Sarnoff.• Yeah. I'm -- I want to go back -- a little bit backwards on this, Mr. Manager. When I was at the Martin Luther King Parade, there was a number of leaflets being passed out, which indicated a new policy from this Administration regarding application for fire jobs; and I guess I want to get to the underlying basis as to when you made that decision to change our policy. Mr. Hernandez: That was made at a joint meeting with staff from Employee Relations and Fire. And in looking at the composition of the Department at this point, we are underrepresented in the Afro-American community. Our demographics show that the City of Miami has over -- it's like 22 percent Afro American, and the Fire Department has only 13 percent Afro-American members, so there was a concerted effort to provide an opportunity for those in that sector of the community to be aware of and have the opportunity to apply for those jobs. Commissioner Sarnoff.• Well -- I mean, you're making -- you're drawing a conclusion that -- correct me if I'm wrong. The original way that you did this for firefighters to seek application was for them to have some qualification. I believe that qualification was either a paramedic certificate or an EMT certificate, and I don't know if you went as far as nursing certificate; but I believe you were EMT or paramedic, is that correct? Mr. Hernandez: Well, that was a requirement that was placed, starting in like '04, '05. Prior to that, it was a high school diploma. The County, as a matter of fact, even today, has a high school diploma as their minimum requirement. So there was a change that went into effect maybe three years ago when it was changed from high school diploma as the minimum requirement to EMT. Commissioner Sarnoff.• But how do you draw the conclusion that that excludes African Americans or Anglo Americans or Cuban Americans? How do you draw the conclusion that that is an exclusionary process? Mr. Hernandez: Well, I think that I maybe did it in a different way. The reason for going to the EMT, I think that it was based in order to have a number of let's say, members in our firefighting force that would be highly, let's say, proficient from day one, requiring less training. But if you look at the force today, we are extremely high in paramedics, maybe even more than we should -- than what we should have. Commissioner Sarnoff.• Well -- Mr. Hernandez: I know that it's nice and -- Commissioner Sarnoff.• -- unless -- I got you, but -- I don't mean to cut you off but it's a City of Miami Page 126 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 worthwhile cutoff, and I'm not trying to -- I'll let you go back to it, but when we went through the fire fee analysis, we were told -- and I don't know if this number's correct, but this is what I was told -- 88 percent of every alarm is pertinent to rescue. That means 12 percent of your firefighters could theoretically not have training and not affect the outcome of an alarm. It would -- just like if Chief Timoney were to say, "Well, we only have 3 percent of our police officers pulling their revolvers in any given year." Oh, we could save 97 percent of having -- not having to issue guns, but that's not the way it works. The way it works is if somebody has -- complaining about indigestion, it may very well be indigestion or it may very well be a heart attack. And I guess I should let you answer. Is it correct that upwards of 80 percent of all alarms are fire -rescue alarms? Mr. Hernandez: Oh, yes, they are. There's no question. Commissioner Sarnoff. So how is it, then, when upwards of 80 percent of what we do, you've made a policy change that I think -- and correct me if I'm wrong -- will now cost the taxpayers additional training expenses -- because if they only come in with a high school -- well, you frown. Okay. Let me just say it; you could say, "You're absolutely wrong, Commissioner Sarnoff and here's why." If you allow a person to come in with a high school diploma and they're actually hired as a fire personnel -- don't even give you [sic] the qualification because I don't know what qualification you'll give them, whether they're going to be an officer or whatever they're going to be. Now you have to put them through school to get, I think, at a minimum, EMT; and what that's going to do is prevent them from going on -- I think firemen like to call it a bus run because you can't send him out on an indigestion call; you can't send him out on a cardiac arrest call; you can't send him out when his [sic] arm is severed; you can't send him out in a major car collision because he's not got any qualification; and that creates an impact -- and correct me if I'm wrong -- on overtime. And it seems to me -- as you said a moment ago, we're going to visit a midyear budget because we're going to have a significant problem budgetarily. Why is it that you would be creating a higher tax burden on the citizens? Mr. Hernandez: Commissioner, I think that we also have to look at the potential at the other end of the spectrum, that it could be costing us quite a bit if we're found to be noncompliant with federal laws that I think require that we be more inclusionary; and I think that the numbers that the Employee Relations Department had come up with support the change that I made. It was not just -- Commissioner Sarnoff • Is there a DOJ (Department of Justice) order regarding the City of Miami? I guess I should ask the City Attorney that question. Ms. Bru: Commissioner, I'm finding that out right now. I don't have that information for you, but I've put a call in to the office. I don't believe that we're under any kind of consent decree when it comes to hiring in the Fire Department. I could be wrong, so I will tell you in a few minutes. Commissioner Sarnoff. So if anybody referenced in any documents to the City that we were under a DOJ decree -- that would be Department of Justice, right? A decree would be either an order or a consent judgment, correct? Ms. Bru: Correct. I know that at one time in the City we were; and to the extent that those orders have been dissolved, I'm not sure with respect to Fire. Perhaps the Fire Department can answer that. Commissioner Sarnoff. Is anybody aware of a DOJ order? Commissioner Regalado: Can the fire fee -- chief --? City of Miami Page 127 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Bru: Commissioner, I just got the answer. Fire is under no consent decree at this time. Commissioner Sarnoff. Well, maybe the chief -- could Chief Bryson come up? Chief at this meeting -- and I don't know when it was -- I mean, what -- I assume you were at this meeting because you're the Fire Chief. Fire Chief William Bryson (City of Miami): Yes, I was at the meeting the Manager's referring to. Commissioner Sarnoff: I mean, is this your -- is this a policy you want to make to change at this point? Chief Bryson: No, I did not want to make the change. Commissioner Sarnoff Why not? Chief Bryson: Because of just what you brought up. Every call we go on has the potential of needing emergency medical treatment, and the more people I have -- and that's been my goal, to make everybody qualified -- the better I can handle every situation that comes up. In addition to that, when we hire people that are already qualified as either EMT or paramedic, we don't pay the cost of keeping them in school and hiring overtime to backfill them while they're in school. Commissioner Sarnoff. What does that mean when you say hiring overtime for back time [sicJ? Because I'll be honest with you -- let me be upfront with all my Commissioners. I've been critical of this City in terms of its overtime, and I've actually asked the Manager to look at overtime because it's significant -- and I'm sure the other Commissioners are now aware of it -- in the City of Miami. So what do you mean by overtime, this would create more overtime? Can you explain that? Chief Bryson: Yes, I can. First, I'll take EMT. An EMT, somebody who comes without Emergency Medical Technician certification, cannot leave our training center without it due to the requirements of our medical director, who's a doctor who works for the City. In order -- and we -- since 1975, everybody who's left there has been an EMT, whether we had to make them one or whether they came as one. Now, if we bring people on that are not EMTs, you're talking about an additional 7.5 to 8 weeks of training to get them certified before they can take their fire training; so for that two months of training, that's two extra months I have to keep them at the training center, pay them a salary, pay their tuition, and then, in addition, for those vacancies that are there -- for instance, I have a class of 30, that's 30 less people that I have for two months that I have to pay to staff the trucks to the minimal level, so there's overtime implications; and that's the biggest cost that it hits us on. It's about -- for instance, for one person to do EMT for that eight months, it's about $7,500, including tuition and salary. But then when you throw in the overtime for missing 18 shifts and backfilling, it's $22, 000 for that one person during that two months. Commissioner Sarnoff: So it's -- Commissioner Gonzalez: Commissioner -- Commissioner Sarnoff. I apologize. I don't mean to hoard this -- Commissioner Gonzalez: -- I'm not feeling too comfortable with all of this discussion, and the reason is that we don't have a full Commission on the dais; and I suggest to you that you wait until you have all of your colleagues on the dais to discuss the item. This -- I perceive this to be a very sensitive item because the Manager started by saying that only 13 percent of the personnel in the Fire Department are Afro Americans, right? So I believe that we need to have the full Commission before we, you know, continue to argue or discuss this item. As a matter of City of Miami Page 128 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 fact, it should be placed on the regular agenda as a regular agenda item, having -- making sure that we have the full Commission, and then, you know, we can discuss it for as long as it takes and ask as many questions as it takes to better clam the point and see what, you know, the deal is. Commissioner Sarnoff I didn't -- Commissioner, I'm not the one that brought -- Commissioner Gonzalez: I hope you don't mind, but -- Commissioner Sarnoff I don't mind. I wasn't the one that brought it up. Commissioner Gonzalez: Yeah, I know. Commissioner Sarnoff I just thought that -- I was aware of the issue -- Commissioner Gonzalez: Yeah. I know -- I do have certain concerns also about the way that this took place, and I understand Commissioner Regalado's point and also your point; but once again, I think that this is a very sensitive item. It's an item that we should have a full Commission on the dais to then bring it up as a regular Commission item and then discuss it for as long as it takes, you know -- Commissioner Sarnoff• Okay. Commissioner Gonzalez: -- and ask as many questions as we have to and try to get the answers that we need to explain what the process is, why the process was conducted the way it was; you know, what's the whole deal. Commissioner Sarnoff• I have no problem with that. Commissioner Gonzalez: Are you all right with that, Commissioner Regalado? Commissioner Regalado: Sure. One final thing, so the applications that are being accepted are going to be accepted with the standards that you set, high school? Mr. Hernandez: Yes. Commissioner Regalado: Okay. That's all. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: That was a non -agenda item, correct? Commissioner Gonzalez: That was -- no. That was BLI [sic], salary freeze, noncontractual employees. Chair Sanchez: Okay. Commissioner Gonzalez: We have to wait until 10:30 to take the PH (Public Hearing) items. All you have now is the board appointments -- Ms. Bru: Commission -- Commissioner Gonzalez: -- and the Commissioners' items. City of Miami Page 129 Printed on 3/3/2009 City Commission Meeting Minutes February 12, 2009 Ms. Bru: -- we tabled an item so that the Chairman could return -- Commissioner Gonzalez: Okay. Ms. Bru: First Reading 2, I believe it is. Commissioner Gonzalez: Yeah, we tabled FR.2. We had a motion, and we had a second; but supposedly, it's an item that you put on the agenda. NA.2 09-00076a RESOLUTION OF CONDOLENCE Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING Clerk DEEPEST SYMPATHY AND SINCEREST CONDOLENCES ON BEHALF OF THE CITY OF MIAMI AND ITS CITIZENS TO THE FAMILY AND FRIENDS OF RETIRED MIAMI OFFICER DARRYL SMITH UPON HIS UNTIMELY DEATH. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-09-0077 Chair Sanchez: We -- pocket items. If not, I just -- one last pocket item. Not too long ago, the City of Miami lost a great police officer, and I certainly lost a good friend, and that was Darryl Smith, known as Smitty in the City of Miami Police Department. We did have a moment of silence, and we did ask that a resolution be presented to his family; but I wanted to take this opportunity to pass a resolution of the City of Miami Commission expressing deepest sympathy and sincere condolence on behalf of the City of Miami and the citizens, and especially the family in law enforcement, and to his family and friends of retired Miami Police Officer Smitty upon his untimely death. If you did not have an opportunity to meet an individual who really enjoyed life. He always had a smile on his face. I don't think he ever missed a day of work. And he worked as a traffic homicide investigator for the City of Miami Police Department. But what a great guy to meet and get to know. And as they say -- I say this all the time -- I think the good Lord picks His most beautiful flower for His garden. He was certainly a beautiful flower. So once again, this resolution is on behalf of all of us here in the City for what he did for us, and may God rest his soul. He was born in 1951 and passed away in 209 [sic], and we would like to present this to his family some time in the near future. So I would pass the gavel to Commissioner Sarnoff and make a motion for this resolution of condolence to -- Commissioner Gonzalez: Second. Chair Sanchez: -- Officer Smitty. Commissioner Sarnoff: All in favor? The Commission (Collectively): Aye. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to adjourn today's meeting. City of Miami Page 130 Printed on 3/3/2009