Loading...
HomeMy WebLinkAboutCC 2009-03-12 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 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 March 12, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS ES - EXECUTIVE SESSION 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...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 12th day of March 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9: 33 a.m., recessed at 11:25 a.m., reconvened at 1: 02 p.m., recessed at 1: 08 p.m., reconvened at 2: 37 p.m., recessed at 2: 39 p.m., reconvened at 3: 41 p.m., recessed at 4: 53 p. m., reconvened at 5: 07 p.m., and adjourned at 5: 36 p.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: Having said that, we'll go ahead and go into the invocations, followed by the pledge of allegiance; and then we'll go with the order of the agenda, which will be followed by the presentation and proclamations. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00308 PRESENTATION Special Presentations The Orange Bowl Committee gives special recognition to the Mayor and Commissioners. MAYORAL VETOES PRESENTED 1. The Orange Bowl Committee presented the Mayor and the City Commissioners with commemorative helmets from the FedEx BCS National Championship game between the Florida Gators and the Oklahoma Sooners to thank the Mayor and City Commissioners for the support provided to the Committee over the past year. Chair Sanchez: At this time we will go to the presentations and proclamations. I believe that based on the protocol, we have special presentation by the Orange Bowl Committee giving a special recognition to the Mayor and the Commissioners. At this time we would like to invite up the Orange Bowl Committee and address this Commission, as always. We thank you for your good deed to this community and the great service you provide to us. Thank you. Presentations made. NO MAYORAL VETOES Priscilla A. Thompson (City Clerk): Chair? Chair Sanchez: Yes. Ms. Thompson: May I request, before you go into your discussion of CA.9, that we make note of City ofMiami Page 3 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 the mayoral vetoes and approve the minutes? Chair Sanchez: Yes, I would. Let's -- before we go on to CA.9, which is a discussion, let me take this opportunity to state for the record that there are no mayoral vetoes at this time presented by the Mayor for the record, Madam Clerk. Ms. Thompson: Correct. Chair Sanchez: That has been taken care of that. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones ORDER OF THE DAY Chair Sanchez: And we need to approve the regular Commission meeting of February 12, 209 [sic]. We need a motion to approve the minutes. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Second. Chair Sanchez: The motion has been made by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: Second has been made by Commissioner Gonzalez. No further discussion on the approval of the minutes. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Priscilla A. Thompson (City Clerk): Thank you. END OF APPROVING MINUTES Chair Sanchez: Let's go ahead and now call the regular Commission meeting for March 12, properly advertised by the City to be held here at our historic City Hall, to order. The meeting has been called to order. For the record, those that are present here today, we have the Mayor, who is present at the meeting; we have the City Manager, who is present; we have all the Commissioners that are present at this meeting. We have myself acting as the Chair, Vice Chair Michelle Spence -Jones, Commissioner Gonzalez, Commissioner Marc Sarnoff, Commissioner Tomas Regalado; the City Manager is present, Pedro Hernandez; our City Attorney, Julie O. Bru; and our City Clerk, Priscilla Thompson. The item -- the order of the day are the items that are on the agenda. Just for the point of clarification, want to put some items that are going to be taken out of order and be heard today. We have RE.8. That is the issuance of the $51 million Homeland bonds -- defense bond. That will be taken up right after the consent agenda. We have the CRA (Community Redevelopment Agency) that was properly advertised at 10. We will be taking that up at 11, at the request of the Vice Chair and the Chair of the CRA. We have a special -- executive session that was called for 2: 30 today, and we will be going into that special City of Miami Page 4 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 [sic] session after lunch. It should take about an hour for those that'll be here, so we probably will be back at 3 o'clock on the items. [Later...] Chair Sanchez: Madam Attorney, could you read the procedures into the record to be followed here in these Commission meetings, please? Julie O. Bru (City Attorney): Yes. Good morning, Mr. Chairman and members of the Commission, Madam Clerk, and Mr. City Manager, members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. You should also know the material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending meetings. Very important, any person with a disability requiring auxiliary aids and services for this meeting may notifi, the City Clerk for assistance. The lunch recess will begin at the conclusion of deliberations of the agenda item being considered at noon, and the meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Chair Sanchez: Thank you, Madam Attorney. [Later...] Chair Sanchez: Let's try to get some of these items that are noncontroversial out of the way before we go to the CRA (Community Redevelopment Agency). All right, on the regular agenda, are there any items that are being pulled? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, item PH.1. Chair Sanchez: PH.1. Mr. Hernandez: It's to -- I'm requesting that it be deferred to March 26. Chair Sanchez: PH.1 deferred. All right. Which one else [sic]? Mr. Hernandez: That would be it. Chair Sanchez: That would be it? Mr. Hernandez: Yes. Chair Sanchez: All right, so PH.1 is being deferred. Julie O. Bru (City Attorney): Mr. Chairman, also, Discussion Item 1. It's a request for reimbursement of attorney's fees. I had an e-mail (electronic) from Ron Cohen, who had requested this, that it be withdrawn. Chair Sanchez: That was what? PH (Public Hearing) what? Ms. Bru: It's Discussion Item 1. City of Miami Page 5 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: Discussion Item 1. Ms. Bru: It's being withdrawn. Commissioner Sarnoff. Page 34. Chair Sanchez: Okay. All right. Priscilla A. Thompson (City Clerk): Chair? Chair Sanchez: Yes. Ms. Thompson: IfI might. We do have our interpreter here for your public hearing items that are called for 10: 30. He'll be needing to leave by 12. Chair Sanchez: Okay. Let's get him out of the way. And that -- Ms. Thompson: Thank you. Mr. Hernandez: Mr. Chair? Chair Sanchez: Yes. Mr. Hernandez: Also on -- on PH.2, I would like to ask for a deferral. However, I would rather have -- since that's the next item, I would like to have the director of Public Facilities, Madeline Valdes, put a statement on the record as to the item, and then I would like to ask for your -- Chair Sanchez: All right. Mr. Hernandez: -- deferral and continuance. CONSENT AGENDA CA.1 09-00123 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 30, 2008, PURSUANT TO INVITATION FOR BIDS NO. 08-09-015, FROM MEF CONSTRUCTION, INC., IN ACCORDANCE WITH THE LOCAL PREFERENCE OPTION IN SECTION 18-89(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT ENTITLED "DISTRICT 5-SIDEWALK REPAIR, PROJECT III, B-30377E," FOR A ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,985, 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 $57,985; 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. City of Miami Page 6 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 09-00123 Legislation.pdf 09-00123 Exhibit 1.pdf 09-00123 Exhibit 2.pdf 09-00123 Exhibit 3.pdf 09-00123 Exhibit 4.pdf 09-00123 Exhibit 5.pdf 09-00123 Exhibit 6.pdf 09-00123 Exhibit 7.pdf 09-00123 Exhibit 8.pdf 09-00123 Exhibit 9.pdf 09-00123 Summary Form.pdf 09-00123 Letter.pdf 09-00123 Pay Items.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0093 CA.2 09-00124 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE BID RECEIVED DECEMBER 30, 2008, PURSUANT TO INVITATION FOR BIDS NO. 08-09-016, FROM MEF CONSTRUCTION, INC., IN ACCORDANCE WITH THE LOCAL PREFERENCE OPTION IN SECTION 18-89(B) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE PROJECT ENTITLED "DISTRICT 5-SIDEWALK REPAIR, PROJECT IV, B-30377E," FOR A ONE (1) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $57,990, 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 $57,990; 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. City of Miami Page 7 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 09-00124 Legislation.pdf 09-00124 Exhibit 1.pdf 09-00124 Exhibit 2.pdf 09-00124 Exhibit 3.pdf 09-00124 Exhibit 4.pdf 09-00124 Exhibit 5.pdf 09-00124 Exhibit 6.pdf 09-00124 Exhibit 7.pdf 09-00124 Exhibit 8.pdf 09-00124 Exhibit 9.pdf 09-00124 Exhibit 10.pdf 09-00124 Summary Form.pdf 09-00124 Letter.pdf 09-00124 Pay Items.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0094 CA.3 09-00153 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED AUGUST 11, 2008, PURSUANT TO INVITATION FOR BID NO. 83128, FROM UNDERWRITERS LABORATORIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROVISION OF TESTING FIRE APPARATUS AERIAL DEVICES AND GROUND LADDER, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) 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. 09-00153 Legislation.pdf 09-00153 Summary Form.pdf 09-00153 Award Recommendation.pdf 09-00153 Tabulation of Bids.pdf 09-00153 I FB. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0095 CA.4 09-00176 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONSENT AND ACCEPT AN ASSIGNMENT OF THE MEDICAL SUPPLIES CONTRACT BID City of Miami Page 8 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 NO. 34019(12) PURSUANT TO SECTIONS 1.6 AND 1.79 OF SAID BID CONTRACT, FROM TRI-ANIM HEALTH SERVICES INC, TO BOUND TREE MEDICAL UNDER THE SAME PRICE, TERMS, AND CONDITIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSIGNMENT AND ASSUMPTION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00176 Legislation.pdf 09-00176 Exhibit.pdf 09-00176 Summary Form.pdf 09-00176 Letter.pdf 09-00176 Bid 1.pdf 09-00176 Bid 2.pdf 09-00176 I FB. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0096 CA.5 09-00179 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN Technology AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH DADE COMMUNITY FOUNDATION, INC. (THE "FOUNDATION"), A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE PURPOSE OF ALLOWING THE FOUNDATION TO ADMINSITER: (1) THE CREATION OF A FISCAL SPONSORSHIP FUND ("THE ELEVATE MIAMI FUND"); AND (2) THE INCORPORATION OF THE ELEVATE MIAMI PROGRAM IN ORDER TO ATTAIN TAX-EXEMPT STATUS UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, WHICH SHALL BE NAMED "ELEVATE MIAMI INC.," FOR A PERIOD NOT TO EXCEED FIVE YEARS; ALLOCATING FUNDS FROM THE "ALLIANCE FOR DIGITAL EQUALITY" GRANT AND APPROPRIATING SAID FUNDS TO THE FOUNDATION, FOR THE PURPOSES OF ESTABLISHING THE ELEVATE MIAMI FUND. 09-00179 Legislation.pdf 09-00179 Exhibit 1.pdf 09-00179 Exhibit 2.pdf 09-00179 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-09-0097 CA.6 09-00197 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE (1) General Services 1999 FORD F-250 TRUCK UNIT NUMBER 99102, VEHICLE IDENTIFICATION Administration NUMBER 1 FTRF27W7XNB47313, AS CATEGORY "A" SURPLUS STOCK, AND DONATING SAID TRUCK TO THE HAITIAN AMERICAN CITIZENSHIP City of Miami Page 9 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 AND VOTER EDUCATION CENTER INC., A 501(C)(3) NON-PROFIT ORGANIZATION, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 09-00197 Legislation.pdf 09-00197 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-09-0098 CA.7 09-00202 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF FEES, IN THE AMOUNT OF $200, FOR THE USE OF ROBERT Tomas Regalado KING PARK ON SATURDAY, MARCH 28, 2009, FOR THE MUNICIPIOS DE SAN LUIS EVENT; FURTHER AUTHORIZING THE USE OF THE CITY OF MIAMI'S SNOWMOBILE FOR SAID EVENT. 09-00202 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-09-0099 CA.8 09-00211 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $1,000, TO Tomas Regalado CO-SPONSOR THE PATRONADO DEL TEATRO LAS MASCARAS' PRODUCTION OF "ALEGRE SU CORAZON," AT THE MANUEL ARTIME THEATER ON SUNDAY, MARCH 22, 2009; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS BUDGET, ACCOUNT NO. 00001.980000.882000.0000.0000. 09-00211 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-09-0100 CA.9 09-00271 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Joe Sanchez ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $15,000, TO THE MIAMI BOYS BASEBALL ACADEMY, TO CONTINUE WITH THE JOSE MARTI PARK BASEBALL PROGRAM; ALLOCATING FUNDS FROM THE DISTRICT 3 ROLLOVER ACCOUNT NO. 15500.111000.882000.0000.00000. 09-00271 Legislation.pdf City of Miami Page 10 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Motion by Chair Sanchez, 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-09-0102 Direction by Chair Sanchez to the City Manager to identify additional available funding for the Miami Boys Baseball Academy to assist in the subsidization of the program. Chair Sanchez: And we move on to CA.9. I want to take CA.9 just for a brief discussion. This program has been going on in Jose Marti Park since 205 [sic]. This program has never received any funding from the City. It is a baseball academy that has been done by the Labor of Love of a gentleman, Mr. Reyes, and a lot of volunteers who have basically devoted themselves to take inner-city children, kids from Little Havana who, first of all, don't have the resources to participate in a baseball academy. And I'd like Mr. Reyes to come up for a minute. He -- I don't believe he speaks English. We do have a translator? Okay. But I just want to state on the record that my office has -- being that we penny pinchers, have been able to set money aside every year to provide them with the adequate funding to fund that program; and when we have not had the money, Bayfront Park has been -- has made it possible for each district to have $100,000 to put towards these types of programs in our parks, which is the best investment we can make in -- make to our youth who are in a control environment learning discipline, maintaining themselves in shape instead of being out in the streets doing things that they're not supposed to, and then they have to deal with the police department; so I just want to make that possible, and say that I would ask that the City, including Parks Department, who has -- for the last four years, have not funded this program, to look at this program and see what a great program it is and maybe come up with some funding to help them subsidize the program, which I consider to be a great program. So at this time, I just want Mr. Reyes to say a few words. I'm a big supporter of their programs. I've gone there myself to see them, andl can honestly tell you that it's good money going to good use. Sir. Miguel Martin: Good morning, honorable Commissioners. I'm here representing Mr. Remberto Reyes and the Miami Boys Baseball Academy, and my name is Miguel Martin; and I am the director of Community Relations and also one of their coaches for this nonprofit corporation. We are here today to ask for your help and assistance to be able to continue with the baseball program in Jose Marti Park, which also encompasses the area of the Mater Center and practically all of Little Havana. Our organization was founded in 1983 by Mr. Remberto Reyes, right here, and the Jose Marti program was begun in April 2005. Our primary objective, aside from teaching kids the game of baseball and the value of sportsmanship in competition, has been to keep the kids off the streets, trying to do our part in keeping them away from gangs and street drugs in all areas of Little Havana. And this program, which is completely without cost for them since everything is free of charge, we have also been teaching them that the practice and participation in sport will help them become better citizens; and we firmly believe that many of them have achieved this objective. Today, we're facing an economic crisis because we no longer have the donations and our financial recourses have dried up, and we are in serious danger of not being able to continue to help these 45 low-income children that live in the area. That is why we are here today. We are here to ask for your help in being able to continue with this program, which has been successful in one of the more needy neighborhoods in our City. That is the opinion of the parents, the Park administration, the Department of Parks and Recreation of this City, and the Department of Police. We respectfully submit for your consideration our request for assistance and your help in keeping this much -needed program alive. Thank you. Chair Sanchez: All right. At this time I have passed the gavel to Commissioner Sarnoff, andl am making a motion where we will be providing funds in the amount not to exceed $15, 000 to the Jose -- to the Miami Boys Baseball Academy to continue with the Jose Marti Park Baseball City of Miami Page 11 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 CA.10 09-00274 Honorable Mayor Manny Diaz Program, allocating fundsfrom my District 3 rollover account. So move. Commissioner Sarnoff. That's a motion. Is there second? Commissioner Regalado: Second. Commissioner Gonzalez: Second. Commissioner Sarnoff. All right. Any discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. Commissioner Sarnoff. Any opposed? Motion passes. Mr. Martin: Thank you. Chair Sanchez: All right, that takes care of the consent agenda. We move on. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO DEVELOP GUIDELINES ESTABLISHING A "COMPLETE STREETS PROGRAM," TO INCLUDE BICYCLING AS AN INTEGRATED PART OF THE CITY OF MIAMI'S ("CITY'S") TRANSPORTATION, CLIMATE AND ENERGY POLICY INITIATIVES, WITH SAID GUIDELINES TO BE DEVELOPED BY CITY STAFF WITHIN SIXTY (60 DAYS); FURTHER URGING FEDERAL, STATE AND LOCAL ADOPTION OF THE "COMPLETE STREETS" GUIDELINES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE PRESIDENT OF THE UNITED STATES, THE UNITED STATES SENATE MAJORITY LEADER, THE SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, THE SECRETARIES OF THE UNITED STATES AND FLORIDA DEPARTMENTS OF TRANSPORTATION, THE MAYOR AND COUNTY MANAGER OF MIAMI-DADE COUNTY, AND THE DIRECTOR OF THE METROPOLITAN PLANNING ORGANIZATION. 09-00274 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-09-0101 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones City of Miami Page 12 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 END OF CONSENT AGENDA Chair Sanchez: We'll go ahead and now -- at this time, do any of the Commissioners or the Administration wish to pull any of the consent agendas [sic] for discussion or to pull any of the consent agendas [sic]? I would request that CA (Consent Agenda) -- Commissioner Gonzalez: Motion on the consent agenda. Chair Sanchez: Well, hold on. I would request CA.9 for discussion. There's a motion to approve the remaining consent -- Commissioner Sarnoff. Second. Chair Sanchez: -- agenda. The motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." And motion is carried. City of Miami Page 13 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 PERSONAL APPEARANCE PA.1 09-00127 DISCUSSION ITEM Office of PRESENTATION BY THE FDOT AND THE CONSULTANT CONDUCTING Transportation THE SOUTH FLORIDA EAST COAST CORRIDOR COMMUTER TRANSIT STUDY. 09-00127 Summary Form.pdf 09-00127-Email. pdf Submittal-PowerPoint Presentation-SFECC Transit Study - Presentation to City Commission (200C. DISCUSSED Chair Sanchez: Let's go ahead and take up the personal appearance. Commissioner Sarnoff. Is he here? Pedro G. Hernandez (City Manager): Good morning, Mr. Chair and Commissioners. This is a presentation by the FDOT (Florida Department of Transportation) and their consultant reference the South Florida East Coast Corridor Commuter Transit Study. I believe that Mr. Scott Seeburg [sic] is here. Sir. Scott Seeburger: Thank you very much. Mr. Chair, Mr. Mayor, rest of the Commission, thank you for this opportunity to present the project to you. It's a good time to be doing this. We want to get out to the communities all up and down the FEC (Florida East Coast) Corridor to tell you what we're doing. What I want to do this morning is give you a brief overview of the project and its schedule and then deal with more of the City ofMiami issues related to stations, right-of-way situation of the FEC and other corridor preservation topics. Basically, the study has been going on since 2005, the fall of 2005. We completed phase one; had a lot of public outreach. And this corridor is an exciting one for us because, basically, it is the one corridor in the whole Southeast Florida region that is prime for setting up mass transit. The land values and the age of the building stock is such that, as you've been experiencing in the City, great redevelopment opportunities in developing land forms that mass transit can serve. To give you a little bit of an understanding of the corridor itself. It is generally a hundred feet wide. It's not a hundred feet wide in all sections of the corridor. Particularly in Miami, it's not a hundred feet in a lot of Miami's, and I'll be going into that a little bit later. Of course, as you know, it links all the regional CBDs (Commercial Business Districts), as well as the 28 historic cities of Southeast Florida that the Flagler railroad helped to build. Our schedule, we have started phase two of the work. We will be developing an under -- a master plan for the corridor of Waukena (phonetic) Technologies -- Technology or Technologies to implement in the corridor, where stations generally would be located; how we would handle grade crossings and the such, we'll be doing that; and then from now until about fall of this year, opening it up to an extensive amount of public workshops to start to present our recommendations; and then through the rest of 2009 and into early 2010, we'll be developing -- we'll be conducting public hearings and then going to the MPOs (Metropolitan Planning Organizations) for their approval of a recommended locally preferred alternative. Technologies that were -- that are still in play. During phase two, we did a -- we had 12 or 15 different transit -- types of transit technologies we looked at in phase one. This got brought down to these five, including regional rail, which is like the Tri-Rail type of commuter service; light rail transit, bus rapid transit, which is like what's operating on the South Dade Busway; Metrorail or what's called Rapid Rail and also regional bus, which is -- we'll be considering in the north part of the corridor, north of West Palm Beach, not in the south part of the corridor. What we'll be also looking at at station areas. We've been meeting with all the cities along the corridor, getting with them where they would like to see stations placed; telling them that we'll be doing suitability evaluations of whether the land -use patterns and the land -use City ofMiami Page 14 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 policies that are in place in these station areas are such that it would create transit -oriented types of development or if the development's in place and whether it's suitable for a station. Let me start -- as we start to get into the Miami topics, let me say that we'll be looking at -- we've got a hierarchy of station types. It's not going to be -- one station type was going to be built along the whole corridor. The station types that are listed here are ones that we're going to have to fit into the communities in which they're being placed. It's not going to be like a Tri-Rail station everywhere; each one has their own characteristics in terms of whether it has parking or not, how much parking is in place, you know, how it fits into the community itself. So, for example, a town center station would have nominal amount of parking, if any; would not have a large footprint where a local park-n-ride or regional park-n-ride type of station would have more parking available and have -- we'd have to work that into the development around the station. City ofMiami. Here's where we have located potential station areas. We're also looking at the Little River connection along roughly 71 st Street to connect over to where Tri-Rail's operating, and possibly get any kind of system over to Miami International. These station areas are the ones that have been identified as being appropriate, and we've talked it over with City staff. Let me say that around the 62nd Street area, we're -- would also be likely considering a station as well, and that has come up through the discussions with your City staff. South part ofMiami and then the green, let me point out that the green is the proposed streetcar system alignment as it's now considered to be defined so you can understand how the FEC service would tie in with the streetcar. This slide that's oriented north is to your right. And here we're showing all the transit systems that are in this part ofMiami, including Metrorail in the dark green, Peoplemover in the light blue, streetcar's in yellow, and then we have the FEC in the red. We're looking at potential stations that -- trying to get it to Governmental [sic] Center. There are some constraints to that, which I'll touch on. And we're also looking at a possible station at the Overtown/Arena area. One question as we've been asked is how can the rail line -- well, let me point out something else. As well, there's the old arena building. The old arena structure is on an old aerial, and that's -- that dark blue line is the port spur that comes off the FEC and goes into the port ofMiami. A question we've had placed to us was how -- where can a rail line go into the Governmental [sic] Center? There is the Governmental [sic] Center in the right part of the picture. The yellow parts are our FEC-owned right-of-ways [sic], and there is right-of-way to place tracks or a guideway in that area. The four options for downtown, as I suggested, is Government Center or Overtown. This -- again, this is oriented north, to the right. We've got four options. Sorry; I'm going too quick. The four options are Government Center either at -grade, the guideway at -grade, or grade separated or elevated; downtown -- or Overtown, as well, grade separated or at -grade. Why we're considering both the at -grade and the elevated options is because of Metromover. Again, that's the light blue line that's curving there on the left part of the graphic. The elevation of Metromover -- and we don't have this defined yet. We haven't done a survey, but we have a sense that Metromover may not be high enough in order to fit one or more of the technologies that we're considering underneath Metromover. So Metromover may need to be raised in order to fit, for example, the commuter or the regional rail type of technology. Light rail possibly could fit underneath, but we're still going to -- part of our work during the next few months is to figure that one out. The part -- the elevation on the top part, the green is Metrorail. That shows the elevation ofMetrorail in comparison to Metromover and FEC at -grade. Here's - - showing the red now is with FEC going over Metromover. It -- as an alternative to -- if this is necessary -- if it's needed -- raise Metromover higher to get underneath of it. And then the bottom graphic shows a schematic of the station area around Government Center. This is the Overtown arena area. This one's showing FEC at -grade. The constraints -- a constraint here is that -- it's not a constraint, but it's basically we cannot -- we can connect with Metrorail. In this location, it would take a walk to get to Metromover. If we move the station a little bit further to the south, then we'd have to close 6th Street. And this is the elevated to get over 6th Street, to get over and provide a better connection between either the Metromover or Metrorail stations. Positives and negatives. Government Center at -grade, it brings -- you know, the end of the line is down in the Government Center area, courthouse area, a logical place to be at the end; connects well with Metromover and Metrorail; would likely have some significant costs to be able to do that, either at -grade or up in the air potentially. Again, we're going to be evaluating City ofMiami Page 15 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 that. Government Center, grade separated, again, brings everything together down at the governmental center station, but it's also a very large cost. The Overtown at -grade option is the lowest cost, and again, as I mentioned earlier, the connection to Metromover is not going to be as good as the grade separated option, which is, again, adding some high cost to the project. Another station is being considered at -- potentially at 11 th Street. This has some interrelation with the Marina Overtown station. This is being considered for a park-n-ride lot. For example, people from Miami Beach and the outer island to be able to come, park there, get on the system to head north. We're going to be evaluating the ridership characteristics (UNINTELLIGIBLE) actually, that's a good idea from a people -movement standpoint. This -- as I mentioned earlier, the right-of-way is not consistent hundred feet all up and down the corridor. Miami has probably the most constrained parts of the right-of-way of the whole 85-mile corridor, and here we're seeing -- may be hard to see. Maybe not so bad -- but we're seeing some constraints of 47 feet. There was a 32-foot one here somewhere. I guess that's off to the left on the bottom graphic. Again, this is oriented to the north. The top graphic is the Midtown Miami area, Design District up north of 195, and then the bottom one is in between -- showing between 68th Street and 62nd Street. Some -- this is my last side [sic]. Basically, considerations for preserving the corridor is that the track that's in place now is not necessarily in the center of the right-of-way. As FEC has sold off its pieces of the right-of-way, you know, the track is not in the center. And what that means is that we'll likely have to move the track in order to create public services as well, potentially. We're going to be needing additional track for public services in order to be able to maintain the corridor for freight to service the port ofMiami, but also to create a hierarchy of services both level -- local services serving many stations and more express passenger service that we can then provide (UNINTET,TIGIBT,F) service and more expeditiously move people that are traveling longer distances. If a technology that falls out at the end as a locally preferred alternative is not compliant to the Federal Railroad Administration, we're going to need additional space to create physical separation between -- and that means like light rail. We're going to have to have some distance between the light rail and the freight railroad. If it is FRA (Federal RailroadAdministration)-compliant, then we'll be looking at options where we can share the track with freight. And then the last point is that use of the right-of-way. If we put any other kind of use in there in that, if it's one that is popular to the community, if the time comes that we're going to need to have that use vacated out in order to build the passenger service, it's going to be a controversial issue. Commissioner Sarnoff. Mr. Chair? Mr. Seeburger: So, with that, I'm done. Commissioner Sarnoff. Mr. Seeburg [sic] -- Chair Sanchez: Does that conclude your presentation, sir? Mr. Seeburger: Yes, sir. Chair Sanchez: All right. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Questions? Commissioner Sarnoff. Mr. Seeburg [sic], I'm the one that asked you to present because, predominantly, I guess Commissioner Spence -Jones and myself kind of share the FEC corridor; and let me ask you just from an ownership question. Who owns it? Mr. Seeburger: The ownership of the right-of-way is Florida East Coast Industries. City ofMiami Page 16 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. That's a private indu -- private -- Mr. Seeburger: Yes. Commissioner Sarnoff. -- for profit entity. Mr. Seeburger: It's the railroad. Commissioner Sarnoff. Okay. And that private for profit entity apparently doesn't have to ascribe to any City ofMiami laws in terms of maintaining its property? Don't know? Mr. Seeburger: I don't know that. Commissioner Sarnoff. You certainly -- I think Commissioner Spence -Jones would agree we've had very little success in getting them to even cut their grass and, at times, clean up what appears to be a pretty blighted area. And my question to you is that -- apparently, you said the studies began in 2005. Since I've been on the Commission, the best way to kill something is to study it. You've been studying this for four years. You apparently intend on studying it for another three or four years. I mean, at what point do the citizens say -- spend two solid weeks, do your homework, and come up with a plan, plan A, plan B, and plan C, and then, you know, see what your funding sources are, how you're going to be seeking funding. You have a President right now who's committed to certainly mass transit and, who knows, in five years you may not have a president that's committed to mass transit. It seems counterintuitive to continue in the means and manner you're proceeding because it just takes way too long. I mean, you have a -- what a commodity. You could create either light rail, skateboard -- I don't care what you want to call it -- a means and manner of proceeding north and south, linking up with certainly the existingMetrorail. But you've been studying this, I believe it goes back to 2001, but that's okay; and how does government get to say, "We'll study this for ten or fifteen years"? Is -- do people go to work every day and really do something for ten or fifteen years? Mr. Seeburger: I'm -- I've been shortening my life on this project, we've been working so hard on it. The reason -- you know, and it may not be an answer that satisfies anyone, but a basic issue to the whole project is that there is no funding, there is no local funding, there is no will of the community that says they want to see this happen, other than to say "DOT (Department of Transportation), go find the money." DOT is in a cash strapped situation as well as the City is, and we understand what's going on. There is a lot of complex issues here. We have heardfrom - - let me say this. In general, our public meetings that we've held in January and February, a lot of positive feelings about the project. They want to see it happen. They want to see it happen fast. One of the issues is whistle free zones, and that's one of the complex issues we're dealing with. Commissioner Sarnoff. What did you say? It is a -- Mr. Seeburger: Whistle free zones. Commissioner Sarnoff. -- whistle free zone. Mr. Seeburger: Where basically the FEC trains do not need to blow their horns at the grade crossings. Options for dealing with that at grade crossings could -- there's a number of them, but one of them is if you can't engineer your way out of it is to close the crossing, and no one likes that idea either; so we're dealing with those kinds of analysis to deal with. We're also -- and as I mentioned earlier because of the funding situation -- it's potentially a lot of money, as you all know. Commissioner Sarnoff. Well, let me ask you this question. Have you guys even considered City ofMiami Page 17 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 approaching any governmental source asking for part of this stimulus package? Mr. Seeburger: The stimulus package -- the basic rules for the stimulus package is the project needs to be construction ready. It needs to be -- Commissioner Sarnoff. Right, but -- Mr. Seeburger: -- through the environmental work -- Commissioner Sarnoff. And that's my point. Mr. Seeburger: -- and meet all the federal requirements in order to use federal money. Commissioner Sarnoff. But if you continue to study this at the rate and pace you study this -- there's something called "death by study, " and government is very good at death by study. The one way you want to -- the best way for an elected official to tell you "1 don't want to hear it" is let's study it. Let's hire a consultant and let's study it. And you've gone through gas being $1.98 all the way to $4.05 a gallon, and now we're back down to about $2.20 a gallon. You've gone through the highest point of recovery in economic stimulus that this country's ever seen to probably the lowest point we've seen, or maybe we're not at the low point. If you continue to study this, you know you're never going to reach consensus. There's never going to be a panacea of a hundred percent of everybody on board. Yet, this, you know, wonderful resource that can move people north and south at a minimum and maybe even east and west at the next layer, and yet, it doesn't seem like it goes anywhere; and what is worse is the entity that owns it is pretty much immune from anything the City ofMiami provides to them in terms of notice of violations, you're not cleaning up, you're not maintaining your property, you're not even cutting your grass; and it just seems to me you need a better sense of purpose and a better sense of -- you know, as they -- my grandfather used to say put something under your you -know -what and move it along, because it just doesn't seem like you're going anywhere at any kind of pace. No one's going to agree on everything. People are going to say I don't want to hear a whistle. People are going to say I'll live with the whistle, but I'd rather have a mass transit so I don't have to -- you know, I could leave my car. It just seems to me to study something for ten years is sublimely ridiculous. Mr. Seeburger: Okay. Chair Sanchez: All right. Mr. Seeburger: Can answer that? Chair Sanchez: Sure. Mr. Seeburger: Or respond. Chair Sanchez: Please respond. We need to wrap this up. Mr. Seeburger: The -- you know, and respectfully, this isn't going to be studied for ten years, and we haven't been studying it for ten years. I got off of what was working on to begin with studying this in September of 2005, so we've been at this three and a half years. Part of the issue for that time frame is we've been in a year dealing with federal transit in order to -- for them to change horses in the middle of the stream on us, and for us to have -- if we followed the process they said was okay for us to follow at the beginning, we'd be in a place to at least get the environmental -- some of the environmental work taken care of to be able to use stimulus potentially, so that's part of the reason this has taken some time. The other reason that it takes time is because these issues -- and l just bring up the grade -crossing issue as one them. It's a City of Miami Page 18 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 hotly contested one, and there are folks along the corridor that are willing to go to court over that. So if we don't deal with all the issues, get them fully analyzed so we can make it as ironclad as possible -- we know we're not going to get consensus on everything, but we know where we're not -- we have the potential of being litigated against, and so that's part of the reasons that it takes a long time. Commissioner Sarnoff. Well, I would suggest to you everything in Miami has a potential for litigation, andl would suspect that one of the biggest reasons nothing's gone forward is that the FEC is owned by a hedge fund fortress; andl don't think their desire is really to create mass transit; andl would, you know, certainly question their desire to have mass transit brought to the City ofMiami or even to parts north. And l just think we need to make a better decision because if you guys do not come up with at least a master plan within this administration, you risk never getting this off the ground because who knows what the next administration or what the appetite will be by the America public to fund mass transit, but you know, you could -- just what a resource we're wasting, and what's more ironic is the resource that we're wasting doesn't even listen to the City ofMiami for violations, so it's this vacant land mass that just sits there, allows people to use it for all sorts of nefarious activity; and we'll probably have this conversation in three years when I come back and ask you "So how are we doing?" That's my point. Chair Sanchez: All right. Thank you, sir, for your presentation. Mr. Seeburger: Yes. Chair Sanchez: Thank you. All right, we're going to move -- Vice Chair Spence -Jones: I just have -- Chair Sanchez: Yes. You have questions? Vice Chair Spence -Jones: Yeah, one question. Chair Sanchez: Okay. Questions. Vice Chair Spence -Jones: First of all, Commissioner Sarnoff, I want to commend you for at least moving this process along. I do understand, while I was out, that there was a meeting that was -- that took place on the FEC corridor regarding the upgrades of much of the area that we're speaking of today. Is there an update at all from what came from that? I mean, is there going to --? I don't know if the Manager or you can speak to that. Did anything come out of that regarding -- Commissioner Sarnoff. They had a meeting -- Vice Chair Spence -Jones: -- you know, upgrading, enhancing -- Commissioner Sarnoff. They had a meeting -- Vice Chair Spence -Jones: -- because every time we've tried to do something with the FEC corridor over the last -- at least last four years, we haven't had much success, so have you had any success? Commissioner Sarnoff. From your perspective and my perspective in terms of the cleanliness and the maintenance, no. Vice Chair Spence -Jones: So nothing came from the meeting? City ofMiami Page 19 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. That know of. Pedro G. Hernandez (City Manager): Commissioners, ifI may address the concern. Of course, the issue dealing with the maintenance and the clean up and the removal of illegal dumping is an FEC issue, not, of course, the EDOT The issue -- this issue was discussed, I think, back in January or maybe early February. There was a field trip on -- along their corridor with the FEC representatives, Mariano Loret de Mola from our Code Enforcement participated also Jose Gonzalez from our Transportation section. The FEC, they do have a regularly maintenance schedule for at least the mowing of the materials or mowing of the weeds, the grass there. The biggest problem that they're facing is the illegal dumping problem, and right now they react to it on an on -call basis. We cannot, in essence, enforce against them because they're a public service entity. However, there are recommendations that we can put in place to work with them to hopefully react quicker to the illegal dumping issues. If they would allow us to do it and allow us to charge them for those services rather than, you know, wait for them to react to our calls. Commissioner Sarnoff. Mr. Manager, how does Fortress, which is a hedge fund, how did they become a public service, or how did that happen? Mr. Hernandez: Mariano. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. Under the state statutes, they are a service for the state of Florida; therefore, they are covered by that, our public services. Commissioner Sarnoff. So a hedge fund is a public service? Mr. Loret de Mola: I don't know about that, about the hedge funds. Commissioner Sarnoff. Okay. Chair Sanchez: Go ahead, sir, and we're going to wrap this up. Mr. Seeburger: The hedge fund owns another company called Rail America. It's a company that operates railroads, and that's who's really operating the railroad right now. Chair Sanchez: All right. Any further questions? Commissioner Sarnoff. One removed. Chair Sanchez: If not, we'll go ahead and wrap this up. Thank you, sir. END OF PERSONAL APPEARANCE City of Miami Page 20 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 PH.1 09-00147 RESOLUTION Department of Public Facilities PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, TO FLORIDA POWER & LIGHT COMPANY, A FLORIDA CORPORATION, FOR A PERPETUAL, NON-EXCLUSIVE EASEMENT OF AN APPROXIMATELY TEN (10) FOOT WIDE STRIP OF CITY -OWNED PROPERTY LOCATED AT 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS MELREESE CLUB HOUSE), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF OVERHEAD AND UNDERGROUND ELECTRIC UTILITY FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT. 09-00147 Legislation.pdf 09-00147 Exhibit 1.pdf 09-00147 Exhibit 2.pdf 09-00147 Summary Form.pdf 09-00147 Notice Public Hearing .pdf 09-00147 Memo.pdf 09-00147 Pre Memo.pdf 09-00147 Pre Notice of Public Hearing.pdf DEFERRED Note for the Record: Item PH.1 was deferred to the City Commission meeting currently scheduled for March 26, 2009. Note for the Record: For minutes related to item PH.1, see the Order of the Day. PH.2 09-00181 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND RICKENBACKER MARINA, INC., A FLORIDA CORPORATION ("RICKENBACKER"), TO PROVIDE FOR AN EXTENSION OF THE TERM; A RENT INCREASE; FOR COMPLETION OF CAPITAL IMPROVEMENTS TO BE MADE BY RICKENBACKER, AT ITS SOLE COST; AND WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. City of Miami Page 21 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 09-00181 Legislation.pdf 09-00181 Exhibit 1.pdf 09-00181 Exhibit 2.pdf 09-00181 Exhibit 3.pdf 09-00181 Summary Form.pdf 09-00181 Memo.pdf 09-00181 Notice of Public Hearing.pdf 09-00181 Master Report.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Let's take up PH.2, and then your brief statement -- the recommendation of the City Manager is for continuance. Pedro G. Hernandez (City Manager): Yes. Chair Sanchez: Okay. All right. You're recognized for the record, and then we'll take -- Madeline Valdes: Good morning. Madeline Valdes, acting director for the Department of Public Facilities. On December 11, the City Commission, by a four fifths vote, authorized the extension of the term of a lease, not to exceed seven and a half years, for Rickenbacker Marina, property -- City property located at 3301 Rickenbacker Causeway. The resolution brought before you today authorizes the City Manager to execute a first amendment to the lease agreement with Rickenbacker to provide for an extension of the term, an increase in rent, and a commitment by the Rickenbacker Marina to complete certain capital improvements. Chair Sanchez: All right. Mr. Hernandez: Mr. Chairman, Commissioners, we have, in essence, negotiated terms to the amendment of the lease. However, there is still some work to be done and some refinement on the terms, andl would ask that you allow us to extend the contract and continue this item to the meeting of April 23. Commissioner Sarnoff. So moved. Chair Sanchez: All right. There's -- Commissioner Gonzalez: Second. Chair Sanchez: -- a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. No further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "aye." Motion carries. Note for the Record: Item PH.2 was deferred to the City Commission meeting currently scheduled for April 23, 2009. PH.3 09-00190 RESOLUTION City of Miami Page 22 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Department of Capital Improvements Program A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-87 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND UNDER FLORIDA STATUTES SECTION 287.055; WAIVING THE REQUIREMENTS FOR COMPETITIVE BIDDING PROCEDURES; AUTHORIZING THE CITY MANAGER TO APPROVE PAYMENT, IN AN AMOUNT NOT TO EXCEED $43,147.02, TO R.J. HEISENBOTTLE ARCHITECTS, P.A., FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES PERFORMED FOR THE PROJECT ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION, PROJECT B-30299," ("THE PROJECT"), ORIGINALLY SELECTED FOR THE PROJECT PURSUANT TO RESOLUTION NO. 04-0024, ADOPTED JANUARY 8, 2004, UNDER A MISCELLANEOUS ARCHITECTURAL AGREEMENT, EXECUTED PURSUANT TO RESOLUTION NO. 02-144, ADOPTED FEBRUARY 14, 2002; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-30299, ENTITLED "BLACK POLICE PRECINCT STATION AND COURTHOUSE MUSEUM RESTORATION." 09-00190 Legislation.pdf 09-00190 Exhibit.pdf 09-00190 Summary Form.pdf 09-00190 Memo.pdf 09-00190 Notice of Public Hearing.pdf 09-00190 Service Agreement.pdf 09-00190 Text File Report.pdf 09-00190 Pre Resolution.pdf 09-00190 Attachment A.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0110 Chair Sanchez: All right. Let's go ahead and take up RE.1. Pedro G. Hernandez (City Manager): Mr. Chairman, we haven't done PH.3. We jumped over it this morning. We skipped it. Chair Sanchez: Okay. Well, let's go to PH.3 then. But that -- but after that, we're starting with the first top item, and we're working our way back. We can't continue to -- Mr. Hernandez: No, no. It's just -- Chair Sanchez: -- keep playing Ping-Pong with this agenda. All right. Ola Aluko: Good afternoon. Ola Aluko, director of Capital Improvements, City ofMiami. This item is a resolution to approve payment for additional constructions administration services City ofMiami Page 23 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 10:30 A.M. performed by R. J. Heisenbottle Architects for the Black Police Precinct [sic] Station and Courthouse Museum restoration project. This item is requesting a four fifths affirmative vote after an advertised public hearing, raging and approving and confirming the City Manager's finding of an emergency, that it is in the best interest of the City ofMiami to waive requirements for competitive bid procedures provided in the Code of the City ofMiami, Florida. Chair Sanchez: All right. That item -- Commissioner Gonzalez: Move it. Chair Sanchez: Okay. Vice Chair Spence -Jones: Second. Chair Sanchez: What -- is it a -- it's a resolution or ordinance? Mr. Aluko: This is a public hearing. Chair Sanchez: Public hearing. All right. Anyone from the public wishing to address this item, please step forward and -- Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. No. (UNINTELLIGIBLE) to say but this is on transparency. I am a member of the Bonds Advisory Board. I'd like to see all these items that are like an emergency come before the board first to see them. I know it's an emergency or whatever, but you know, like the Chattahoochee step here on City Hall, but still, there is no rush in doing things. Let's see -- why we have an advisory board? Are we there to do nothing? No. I take my appointment seriously, okay? We like to know because we are, in a way, the watchdog of the money of the City, and we like to know in advance. I don't want to come here in front of the Commission rushing things. Okay. Thank you. Chair Sanchez: All right. Anyone else from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. It is a resolution, correct? Vice Chair Spence -Jones: Yes. Chair Sanchez: All right. Vice Chair Spence -Jones: Madam City Attorney, it's a resolution? Mr. Aluko: Yes, it is. Mr. Hernandez: Yes. Chair Sanchez: All in favor, say "aye." Commissioner Gonzalez: Resolution. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. A sign language interpreter translated discussion of items PH.4 - PH. 6. City ofMiami Page 24 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 PH.4 09-00182 Department of Community Development PH.5 09-00183 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT, FOR THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM, SPECIFICALLY THE REIMBURSEMENT PROCEDURES INCLUDING EXHIBIT B-WORK PROGRAM AND EXHIBIT C-COMPENSATION AND BUDGET SUMMARY. 09-00182 Legislation.pdf 09-00182 Exhibit 1.pdf 09-00182 Exhibit 2.pdf 09-00182 Exhibit 3.pdf 09-00182 Exhibit 4.pdf 09-00182 Summary Form.pdf 09-00182 Pre Legislation.pdf 09-00182 Public Notice.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0104 Chair Sanchez: Let's take up the properly advertised-at-10: 30 items, PH.4, PH.5, and PH. 6. We have the translator here, and we can get him out of here. So let's go ahead and take up PH.4. Lillian Blondet: Good morning. Lillian Blondet, assistant director, Department of Community Development. This is a resolution requesting authorization from the Commission to amend the agreement for the Housing Opportunities for Persons with AIDS (Acquired Immuno Deficiency Syndrome) Program, specifically the Exhibits A andB, which change the reimbursement methodology. This is as a result of an on -site visit by HUD (Department of Housing and Urban Development), and they recommended that we make these changes. Commissioner Gonzalez: Move it. Chair Sanchez: Okay. PH.4. Vice Chair Spence -Jones: Second. Chair Sanchez: PH.4, there's a motion by Commissioner Gonzalez, second by the Vice Chair. It requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, and 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. Madam Clerk, for the record, PH.4 was approved, 4-0, with the absence of Commissioner Sarnoff. RESOLUTION City of Miami Page 25 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CONVEYANCE TO MIAMI BEACH Development COMMUNITY DEVELOPMENT CORPORATION, WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 1301 NORTHEAST 111TH STREET, 11115 NORTHEAST 13TH AVENUE, 1075 NORTHEAST 149TH STREET, 1095-97 NORTHEAST 149TH STREET, 13950-52 NORTHEAST 11TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, KNOWN AS THE LIFE QUEST FACILITY PROPERTIES, FOR THE REHABILITATION AND UTILIZATION OF UNITS FOR THE PURPOSE OF PROVIDING A SUPPORTIVE HOUSING PROGRAM AS PART OF THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; ALLOCATING FUNDS, IN THE AMOUNT OF $500,000, FROM THE FISCAL YEAR 2008-2009 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, TO ASSIST IN PART WITH THE REHABILITATION OF THE LIFE QUEST FACILITY PROPERTIES, SUBJECT TO THE TERMS IN EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00183 Legislation.pdf 09-00183 Exhibit.pdf 09-00183 Summary Form.pdf 09-00183 Public Notice.pdf 09-00183 Exhibit A.pdf 09-00183 Exhibit B.pdf 09-00183 Pre Legislation.pdf 09-00183 Special Warranty Deed.pdf 09-00183 Map 1.pdf 09-00183 Map 2.pdf 09-00183 Map 3.pdf 09-00183 Map 4.pdf 09-00183 Map 5.pdf 09-00183 Exhibit A.pdf 09-00183 Exhibit B.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0105 Direction by Commissioner Sarnoff to the City Attorney to provide a full analysis report on MOVERS (Minorities Overing the Virus through Education, Responsibility and Spirituality) within 60 days, to include a listing of the principals and the actions available to the City Commission, inclusive of piercing the corporate veil. Chair Sanchez: All right. PH.5 is also a resolution. Alfredo Duran: Good morning. Alfredo Duran, with the Department of Community Development. This resolution authorizes the conveyance of five properties owned by the City of Miami, located in North Miami, specifically in the northeast neighborhood of 13th Avenue and 111 th Street. These properties were deeded back to the City by MOVERS (Minorities City of Miami Page 26 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Overcoming the Virus through Education, Responsibility, and Spirituality), an agency that was assisted to provide housing to HOPWA (Housing Opportunities for Persons with AIDS) tenants. The properties were then put in an RFP (Request for Proposals), issued by the Department in July of 2008, and Miami Beach CDC (Community Development Corporation) was the agency that was considered the best respondent. This resolution would provide them with the conveyance of this property through a purchase and sales agreement, as well as provide them $500, 000 from the HOPWA program to rehabilitate these properties. They have shown to be an organization that has worked very well with the HOPWA program, and we recommend this resolution to be passed. Chair Sanchez: Okay. We are on PH.5. We need a motion and a second. Commissioner Gonzalez: Motion for discussion. Chair Sanchez: Is there a motion? Motion has been proffered by Commissioner Gonzalez. We need a second for the purpose of discussion. Commissioner Sarnoff. Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, let's go ahead and open up the public hearing. Anyone from the public wishing to address PH.5, which is a resolution, please step forward and be recognized. Seeing no one at this time, for the record, the public hearing is closed, coming back to the Commission. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: Yeah. My concern is that we're giving these properties to Miami Beach, right? Mr. Duran: Miami Beach Community Development Corporation. Commissioner Gonzalez: And even though it's outside the City limits, we are giving them $500, 000 that we could utilize within the City ofMiami limits? Mr. Duran: Well, these come from the Housing Opportunity [sic] for Persons with AIDS program. Commissioner Gonzalez: I understand that. Mr. Duran: This is a county -wide program, and the City operates its program. It's outside of the city limits. Many of our tenants are outside of the city limits. Many of our properties are outside of the city limits. This is an organization that provides these services for this program, which acts in that capacity. Commissioner Gonzalez: And what kind of control are we going to have over this money and over this operation and --? Mr. Duran: We will be -- have first hand on the disbursement of these funds, the progress of the rehabilitation, as well as we will monitor the ongoing affordability of these units for a period of ten years, so we will have first hand on the project and its success. Commissioner Gonzalez: When these properties were deeded to MOVERS, weren't they [sic] also an "X" amount of dollars allocated to that organization for the same purpose of rehabilitating and --? Mr. Duran: Yes, there was. My under -- City ofMiami Page 27 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Gonzalez: How much was it? Mr. Duran: Three hundred and eighty thousand dollars. Commissioner Gonzalez: And what happened with that money? Mr. Duran: That money was -- in May of 2008, this Commission passed a resolution to collect any disbursed funds to MOVERS and also to take these properties back and deobligate those funds that were not used. We deobligated the funds. We had -- Commissioner Gonzalez: How much did we deobligate? Mr. Duran: We have $181,000 that they owe us. Commissioner Gonzalez: How much? Mr. Duran: A hundred and eighty-one thousand dollars. And we have moved forward with the Law Department in collecting those funds. Commissioner Gonzalez: So out of 380, 000, we only recoup 180? Mr. Duran: That's all we disbursed to them, 181, 000, so we're collecting that. The balance was never disbursed, and we deobligated it and put it back into our account. Commissioner Gonzalez: You're going to collect it? What are your chances of collecting the 181,000? Mr. Duran: We're going to try to -- any legal question that you might have as far as our ability to collect, I would defer it to our Legal staff. Mr. Hernandez: Commissioner, the answer to your question, I think the chances are minimal, if any. Commissioner Gonzalez: That's what I thought, but you know -- Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: Same odds -- Commissioner Gonzalez: I needed it to be part of the record. Chair Sanchez: -- as you being the starting quarterback for the Miami Dolphins. Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: I -- Chair Sanchez: Slim. Vice Chair Spence -Jones: -- just want to ask, Mr. Chairman, is the organization even in -- is it functioning? Commissioner Gonzalez: Yeah. No, it's not. I don't think so. City of Miami Page 28 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Vice Chair Spence -Jones: No. Right? Denise Wallace (Assistant City Attorney): Which organization is that, Commissioner? Vice Chair Spence -Jones: MOVERS. Commissioner Gonzalez: MOVERS. Chair Sanchez: MOVERS. Ms. Wallace: As of this morning, when I checked the Secretary ofState Web site, it is an active corporation. Commissioner Sarnoff. Who's the princi --? Vice Chair Spence -Jones: Is the program -- is the --? Commissioner Sarnoff. Sorry. Mr. Duran: As far as the solvency of the corporation, I'm not aware of it, but today we learned that it's still an active corporation. Vice Chair Spence -Jones: Okay. But it's not -- the program is not operating? Commissioner Gonzalez: Yeah. Mr. Duran: My understanding is that it's not. Chair Sanchez: But -- Commissioner Gonzalez: All right. Chair Sanchez: -- ifI may add. I think the point well made by Commissioner Gonzalez is a good point. You know, we should be rewarding success, not failure. In this case, we're not. We went out and we tried to recoup the money, and we got $181, 000 back. Mr. Duran: We haven't gotten it back yet. Commissioner Regalado: No, we didn't. Commissioner Sarnoff. No, we didn't. Mr. Duran: We have not gotten it back yet. Commissioner Sarnoff. That's the opposite. We spent the 181, 000. Commissioner Regalado: We spent. Chair Sanchez: So we haven't gotten any money back, okay. Mr. Duran: Correct. Chair Sanchez: What is the City doing to try to recoup that money? That's the bottom line here, because it was a bad investment. At the end of the day, it is -- whoever was here that authorized that money based on your recommendation, your Department's, not yours, but your City of Miami Page 29 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Department's recommendation -- I'm not putting the blame on anybody. But it's these practices that come back and then we're here -- and the people that elect us are the ones that say, well, how can they give money to an organization who didn't produce not a single unit, and here we are giving more money to have another company or another organization come in and clean up after them? It's just bad practice, just bad judgment in [sic] our part. So you know, what are we doing to try to go and recoup that money, and even if it takes prosecuting those people with the State Attorney's Office as to -- they -- you know, what did they do with the money? Mr. Duran: Initially, what we're doing -- to answer your question -- initially, we have exercised a demand for payment. We have declared them in default and exercised a demand for payment. We will proceed with the Law Department to apply any legal rights that we have to collect, be it through the individuals or the corporation. Chair Sanchez: Andl want to make it very clear, I have nothing against that organization. If they were not able to produce, maybe there was a reason, maybe there wasn't a reason, but the money should have been given back to the City. Mr. Duran: Agree. Chair Sanchez: It's the taxpayers' dollars. Vice Chair. Commissioner Sarnoff. Mr. Chair. Oh, sorry. Chair Sanchez: Vice Chair and then Commissioner Sarnoff. Commissioner Sarnoff. Can I go? I don't -- no. I mean, you -- Chair Sanchez: The Vice Chair yields to Commissioner Sarnoff. Commissioner Sarnoff. All right. When was it -- when did we learn they were in default, Madam City Attorney? Ms. Wallace: I don't know when they -- when we learned they were in default. I do know that a demand letter was sent to them on September 26, 2008. It was sent by certified mail and also by regular mail. Commissioner Sarnoff. All right. Ms. Wallace: The certified mail was refused on September 30, 2008. That came back to the City Attorney's Office on October 6, 2008. And at that point in time, it was a revised demand letter that was sent to them that was delivered by DHL (Dalsey, Hillblom and Lynn), and they have not responded; and we are now proceeding to go ahead and collect. Commissioner Sarnoff. All right. Here's my question to CDBG (Community Development Block Grant). The $181, 287, is that HUD money? Mr. Duran: Yes, it is. Commissioner Sarnoff. If we do not get that back, are we obligated from our general fund to pay that money? Mr. Duran: Yes. The answer to that question is yes, with a caveat. If we are able to -- Commissioner Sarnoff. To build the facil -- to -- City of Miami Page 30 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Duran: -- provide HUD -- to build the facilities -- you have to remember that what HUD wants us to do is to provide housing to eligible families. If we succeed in providing this housing, we would not get -- have to repay that money. Commissioner Sarnoff. I understand, but I take it then that HUD would then just be out that money; the City ofMiami wouldn't, the $181,287? Mr. Duran: The monies would have been applied towards the successful completion of housing to eligible families. Commissioner Sarnoff. Okay. Then my question then to you is the $181,287, tell me what productive thing it did. Mr. Duran: It should have gone to pay for costs associated with the ultimate accomplishment of those units; it did not. Commissioner Sarnoff. So then the $181, 287 has not gone -- cannot be built upon, correct? You can't say we have plans, we have foundation in the ground, we have mortar, we have half a house built, we have -- you can't say that, correct? George Mensah (Director, Community Development): Some of the monies went actual to contractor payments, some went to soft costs, which includes making sure that they be able to do the job. Yes. Commissioner Sarnoff. All right. And how much of that money can be utilized to build upon the new person coming in, this Miami Beach organization coming in -- how much of the $181,000 can they use -- can they build upon? Mr. Mensah: Right now that 181,000 -- because we don't -- the money was spent. Because we don't have a sense of how much of it was actually used in what (UNINTELLIGIBLE) provision of windows or anything, we don't know. What we know is that they are coming in -- we're looking at a project as it is. And then what they are going to do is to rehabilitate the unit so that we can give it to people with -- HOPWA clients, and that is the aim. Like Alfredo said and like you said, Commissioner, if we are not able to make these units into livable conditions so people with AIDS can live in there, then we're obligated to HUD for the money that's already been spent. Commissioner Sarnoff. Okay. We're talking past each other. I'm going to surmise for right now the $181,287, you don't have enough information to tell us that it's useful money; that it went to a hard issue that can be built upon either by plans, windows, doors, bricks and mortar. Now my question goes back to the City Attorney. On October 6, 2008, you were aware that these people were in default. What due diligence and actions have you taken to secure funding from the principal of the CDC? Ms. Wallace: We are pursuing that. We were not aware on October 6. That's when we received the information that they had refused the certified letter, so we had to try to go ahead and give them other means of having the demand letter served on them. So we have pursued that. We -- they did not respond to the DHL demand letter, and so we're going forward with collection efforts or other means to try to -- Commissioner Sarnoff. All right. What other collection efforts have you taken since November 2008? Ms. Wallace: We have tried to --I have tried personally, to reach out to MOVERS to see ifI have -- could have communication with them, based upon some information that they were defunct or whatever. As of today's date, we found out that they are still an active corporation, City ofMiami Page 31 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 and so this will be have to handled by the litigation department, as well as myself to go ahead and file action to foreclose on this demand letter to -- Commissioner Sarnoff. Is part of your -- as part of your allegations against the CDC, will it be to pierce the corporate veil? Ms. Wallace: At this point, I cannot say that because we do not know that this corporation is not functioning. Commissioner Sarnoff. It just seems to me that you have six or eight months' notice that nothing is -- good is going on, and don't understand why it takes you six or eight months to file a lawsuit, I really don't, because the private sector would not act with that type of speed It would be much swifter, it would be much more calculated, and it would move much more forcefully. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: Yes. Vice Chair Spence -Jones: Oh, I'm sorry. Chair Sanchez: Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Well, I'll wait last. Commissioner Sarnoff. I'm done. Vice Chair Spence -Jones: Okay. Commissioner Regalado has a point. Commissioner Regalado: Oh, thank you. Mr. Duran, these are federal funds. Mr. Duran: Yes, sir. Commissioner Regalado: Have you or the Department, in any way, notified the U.S. Attorneys Office that this situation was -- has been ongoing for a while, that no performance has been done in the past several month? Because this is what the U.S. Attorney does in terms of federal funding. That's their responsibility, other than the civil suit. If that company is active -- as you know, FBI (Federal Bureau oflnvestigations), because of federal funding, is investigating Mr. (UNINTELLIGIBLE) because of the issue in Opa Locka. But have we at least tried to communicate to the U.S. Attorney that there might be a violation of the rules of the federal government, just to put in the record that the City is not responsible for what's going on? Mr. Duran: The answer to that question is no, the Community -- the Department of Community Development has not noted anyone outside of our own representation, which is the City Attorney's Office. Where we proceed from here would be based on their recommendations to us. Our obligation is to try to receive, collect these funds, and we'll do that in any legal ways that we have available to us. Commissioner Regalado: Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. Chair Sanchez: Vice Chair Spence -Jones, you're recognized. City of Miami Page 32 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Vice Chair Spence -Jones: Yes, Mr. Chairman. I just want to have some -- I need some information, just so that we're clear. When did our agreement actually start with this organization? When did the City actually go into agreement with them? Mr. Duran: With MOVERS? Vice Chair Spence -Jones: Yeah. I mean, this is a long-time contract, correct? Mr. Duran: Yes. In 2005. Vice Chair Spence -Jones: That was the first? Mr. Duran: Around 2004, 2005 is when that agreement was exercised with -- executed with -- Vice Chair Spence -Jones: Okay. But -- so we -- have we funded them prior to this? Mr. Duran: Not to my knowledge. Vice Chair Spence -Jones: 'Cause -- Mr. Mensah: Yeah. I believe -- Vice Chair Spence -Jones: -- for some reason, I thought that they -- Mr. Mensah: -- prior to this -- Vice Chair Spence -Jones: -- the organization has been funded for a very long time -- Mr. Mensah: -- yes, they'd been funded in the past to -- Vice Chair Spence -Jones: -- through the City ofMiami. Mr. Mensah: -- provide HOPWA units, yes. Vice Chair Spence -Jones: So -- Mr. Mensah: In the past, yes. Vice Chair Spence -Jones: -- but you don't know the time period? Mr. Mensah: No, I don't know. I don't have -- Vice Chair Spence -Jones: Was it ten years, five years, seven years? Mr. Mensah: I believe that probably from 2001, 2002 the organization did -- was receiving funding from the Community Department -- Community Development for provision of housing for people with AIDS. Vice Chair Spence -Jones: Okay. Let me ask this question. Had - have -- did we have any issues with them prior to going into the new contract? Do you know, George? Were they -- Mr. Mensah: I think -- Vice Chair Spence -Jones: -- meeting all of the guidelines, the requirements? City ofMiami Page 33 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Mensah: Based on my knowledge or based on whatl saw when I reviewed the files probably about a year ago, whatl -- what we saw was that -- I believe that on the same maybe 2007 or 2006 there were issues with the rental program that -- in terms of their management of the housing voucher program, and for that reason, the City stopped -- did not make them -- provide any assistance to them in terms of the rental program. Vice Chair Spence -Jones: Okay. So I -- Mr. Mensah: By that time, I think -- this contract was still in effect at that time. Vice Chair Spence -Jones: Okay. I just wanted to have clarity. One, there's -- there was two different contracts that was -- Mr. Mensah: Yes, yes. Vice Chair Spence -Jones: -- that the -- that CD (Community Development) had with MOVERS. Mr. Mensah: Yes. Vice Chair Spence -Jones: The first one was more rental based. Mr. Mensah: Was rental base, yes. Vice Chair Spence -Jones: But you didn't really catch that there were any issues with their paperwork until you were in the middle of another contract, which is the one for -- that you're speaking of which is the rehab portion of the -- of their contract, correct? Mr. Mensah: Yeah. No. There were issues with the contract with the rental portion. At that time, we were -- the City was already in a contract with them to manage this other project. The City stopped funding them for the rental part, but this project was already in the process at that time. Vice Chair Spence -Jones: Already moving. Mr. Mensah: Yes. Vice Chair Spence -Jones: Okay. This -- andl just want to say this in closing. I mean, again, this is something that this particular funding that was provided through CD was something prior to me coming here. I do know andl do realize, andl know most of the people from my community know, and also I'm sure the individuals sitting on this dais knows that MOVERS has provided a very valuable service to the community regarding people living with AIDS. I mean, that's -- no one could question whether or not their commitment is there or has been there to provide this kind of service to a much -needy population. This -- the discussion we're having right now is a discussion that I've been having for the last three to four years almost sitting on the dais, and that is -- this is why I'm always saying that it's extremely important for us, through CD, through the City to provide the necessary training to these CBOs (Community Based Organizations) and these CDCs regarding just how to even deal with their paperwork, how to just operate -- providing the necessary technical assistance because the reality is people can have great hearts and they really want to provide great services and they do, but unfortunately, they don't know -- a lot of them really don't know what it takes to actually run a organization or what it takes to actually rehab a building. So it's kind of like we're putting people in a position, you know, where they can't really handle, you know, what's actually being given to them; and this is -- and the reason I'm saying this -- you know I've been saying this for the longest, George. I've been saying this before you got there -- that we have to provide technical assistance to these CBOs. I mean, the reality is that they're not going to be able to actually fulfill their commitments City of Miami Page 34 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 to the City unless they have the proper support in order to do it. I'm not making you wrong. I know you just got there. But you know, we're going to have several MOVERS, several MOVERS, several organizations that are doing the same kind of things unless the technical assistance or less [sic] the training that's necessary for these organizations to sustain themself [sic] and provide the necessary documentation that is needed, it's going to constantly happen. But now we have an organization that is defunct, that is clearly -- I'm assuming is defunct. The corporation may be operating, but the program is not operating, andl know for a fact that the program is not operating. Many of those people that were working in the communities to provide support to people living with AIDS are not doing it now because the funding, quite frankly, is not there, not just from the City side, but also from the County and other areas where they were having difficulties. I just want to make sure that put on the record that -- I'm going to say it again for like the third or fourth time -- we have to invest in making sure that we provide the necessary support and training to these organizations because they're not going to be able to survive and they're going to constantly make these kind of mistakes because they don't have the support or the technical assistance that they need to make sure their organizations are providing what's needed from us. I mean, we can sit up here and -- and again, I don't want to make any excuses, one way or the other, because if you've done something that's wrong or not correct, then definitely, you need to be held accountable for it, but we're going to keep making the same kind of mistakes unless we provide the necessary support, and that's all -- that's the only statement that really wanted to make is that they need -- not just them, but other organizations need that kind of support. Chair Sanchez: Okay. But the issue here is that we have a responsibility to provide to those that have the need and those that are affected with AIDS in our community. Vice Chair Spence -Jones: Yes. Chair Sanchez: This issue is not about MOVERS, although -- Vice Chair Spence -Jones: Entire -- Chair Sanchez: -- the City should take legal action and do everything we can to recoup our money. We're talking about an organization here that's been a very respected well organization, which is Miami Beach Community Development Corporations [sic]. They're coming in to provide that service, and therefore, we need to move on on this so they could provide that service to those that are living with AIDS today. Commissioner Sarnoff. Mr. Chair? Chair Sanchez: Yes, sir. Vice Chair Spence -Jones: I mean -- Commissioner Gonzalez: I -- Commissioner Sarnoff. Would the maker of the motion accept the following amendment, that the City Attorney come back to us within 60 days with a full analysis on MOVERS as to who the principals are, what their -- what actions are available to us -- Commissioner Gonzalez: I -- Commissioner Sarnoff. -- inclusive of piercing the corporate veil? Chair Sanchez: The maker -- City of Miami Page 35 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Gonzalez: -- do accept the amendment. Chair Sanchez: -- of the motion accepts the friendly amendment, all right. Commissioner Gonzalez: I do accept the amendment, but I also have one last question. How many units are we talking about that we are rehabbing -- rehabilitating with $500, 000? Mr. Mensah: Eighteen units. Commissioner Gonzalez: How many? Mr. Mensah: Eighteen units. Vice Chair Spence -Jones: Eighteen. Commissioner Gonzalez: Eighteen units? Mr. Mensah: Yes. Vice Chair Spence -Jones: And just to be clear -- andl know we want to get off this item, Commissioner San -- Chairman Sanchez -- Commissioner Gonzalez' question around the issue of us not -- us using Miami Beach CDC and why we weren't using a local -based organization from the City ofMiami to provide the service, did you answer that question properly for him? Mr. Mensah: We did an RFP, and they were the one best qualified based on the experience to be able to do the project. Vice Chair Spence -Jones: So did you -- were you clear on that, Commissioner Gonzalez? Commissioner Gonzalez: Yeah. I'm all right. Chair Sanchez: All right. No further discussion on the item. It is a resolution. There's a motion and a second with a friendly amendment. 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.5, 5-0. [Later..] Chair Sanchez: All right. Let's try to get through some of these items that are noncontroversial. Let's go ahead and take up -- There is one point of clarification which we need -- on what item, Madam Clerk? Priscilla A. Thompson (City Clerk): PH.5. Chair Sanchez: PH.5. It's based on form over substance. And it was a motion that was proffered to have the City Attorney to seek any legal remedy on that. That should not be added on as a friendly amendment. It should be done through a directive to the Legal Department, so if we could clam that for the record, Madam Clerk. Ms. Thompson: Yes. Chair Sanchez: Which we have. Instead of being a motion, it'll be a directive to the City City ofMiami Page 36 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Attorney to come back. What was the amount of time? Ms. Thompson: It was 60 days, ifI -- Commissioner Sarnoff. Sixty days. Chair Sanchez: Sixty days? Mr. Hernandez: Sixty days. Chair Sanchez: Okay. So for the point of clarification, that has been cleared. PH.6 09-00184 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ALLOWING THE CONVEYANCE OF TRACTS A AND C, Development AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM MADISON HOUSING II, LTD. TO MADISON HOUSING, LTD., A FLORIDA LIMITED PARTNERSHIP ("MADISON"), FOR THE DEVELOPMENT OF AN AFFORDABLE RENTAL HOUSING PROJECT FOR LOW INCOME HOUSEHOLDS (THE "PROJECT"), SUBJECT TO: (1) ALL RESTRICTIONS AND CONDITIONS STATED IN THE DEED OF CONVEYANCE FROM THE CITY OF MIAMI ("CITY") TO MADISON HOUSING II, LTD., DATED AS OF AUGUST 20, 2008, AND (2) MADISON'S ASSUMPTION OF ALL OBLIGATIONS OF MADISON HOUSING II, LTD. UNDER THE PROPERTY CONVEYANCE DOCUMENTS, INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION AGREEMENT BY AND BETWEEN MADISON HOUSING II, LTD. AND THE CITY, AND THE NOTE AND MORTGAGE MODIFICATION AGREEMENT BY AND BETWEEN MADISON, MADISON HOUSING II, LTD. AND THE CITY, BOTH DATED AS OF AUGUST 20, 2008 (THE "CONVEYANCE DOCUMENTS"); IN THE EVENT THAT THE DEVELOPER DETERMINES THAT TRACT A IS NOT NEEDED FOR THE DEVELOPMENT OF THE PROJECT, AUTHORIZING THE CONVEYANCE OF TRACT A FROM MADISON HOUSING II, LTD. TO THE CITY, CONCURRENT WITH THE CONVEYANCE OF TRACT C TO MADISON AND SUBJECT TO PARAGRAPH 4 OF THE AUGUST 20, 2008 CORRESPONDENCE FROM THE CITY MANAGER, ATTACHED AS EXHIBIT "1" AND INCORPORATED; AUTHORIZING (A) THE EXTENSION OF THE PROJECT CONSTRUCTION COMMENCEMENT DEADLINE FROM AUGUST 20, 2009 TO DECEMBER 31, 2009 AND EXTENSION OF THE PROJECT CONSTRUCTION COMPLETION DEADLINE TO TWENTY-FOUR (24) MONTHS FROM THE EFFECTIVE DATE OF LOAN DOCUMENTS AND/ OR LOAN MODIFICATION DOCUMENTS TO BE EXECUTED BETWEEN THE DEVELOPER AND THE CITY, AND (B) THE MODIFICATION OF THE PROJECT FROM 115 AFFORDABLE RENTAL UNITS TO 120 AFFORDABLE RENTAL UNITS; GRANTING THE DEVELOPER AN OPTION TO TERMINATE THE CONVEYANCE DOCUMENTS AND RE -CONVEY TRACTS A, B, C AND D TO THE CITY ON OR BEFORE JUNE 30, 2009, SUBJECT TO THE CONDITIONS TO THE RE -CONVEYANCE OF THE PROPERTY AND THE TERMINATION OF THE CONVEYANCE DOCUMENTS STATED IN PARAGRAPHS 3 AND 4 OF EXHIBIT "1", ATTACHED AND INCORPORATED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE; REQUIRING THAT City of Miami Page 37 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 DOCUMENTATION EFFECTUATING MATTERS ALLOWED AND AUTHORIZED BY THIS RESOLUTION BE IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 09-00184 Legislation. pdf 09-00184 Exhibit.pdf 09-00184 Summary Form.pdf 09-00184 Public Notice.pdf 09-00184 Letter. pdf 09-00184 Pre Legislation.pdf 09-00184 Exhibits.pdf 09-00184 Pre Agreement.pdf 09-00184 Pre Agreement 2.pdf 09-00184 Pre Legislation 2.pdf 09-00184 Pre Exhibits.pdf 09-00184 Pre Agreement 3.pdf 09-00184 Text File Report.pdf 09-00184 Legal Description.pdf 09-00184 Letters. pdf 09-00184 Corporation Papers.pdf 09-00184 Miami Dade Maps.pdf 09-00184 Quit Claim Deed.pdf 09-00184 Quit Claim Deed 2.pdf 09-00184 Pre Agreement 4.pdf 09-00184 Pre Agreement 5.pdf 09-00184 Termination of Covenant. pdf 09-00184 Note Agreement.pdf 09-00184 Exhibits 2.pdf 09-00184 I nsurance. pdf 09-00184Letter. pdf 09-00184 Assumption Agreement. pdf 09-00184 Declaration of Covenants. pdf 09-00184 Assumption Agreement 2.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0106 Chair Sanchez: We move on to the last item, which is PH. 6. It's also a resolution. Alfredo Duran (Deputy Director, Community Development): PH. 6 is a resolution mod4ing what was approved back in March of '07 through resolution. This Commission authorized the conveyance of four city -owned tracts of land to two organizations. One called Madison I and the second Madison IL Both of these organizations are controlled by Gatehouse developers. In addition, we provide -- as a result of that, we provided them with a purchase and sales agreement that required them to commence construction by December 29, 2008. In August of 2008, the organization -- the developer came to the Department seeking that we allow them to complete the transaction, give them the deeds, and they would assume the existing debt on the property so that they would be successful in obtaining financing. We went ahead and did that. In the interim, they have decided that this project is best served to -- if developed by one organization. This resolution will allow for the assignment of Tracts A and C from Madison II to Madison I, creating one development entity for the four sites. Also, we're modifying the number City of Miami Page 38 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 of units from 115 to 120. In addition, we're asking for an extension of the commencement and completion date of the project, and also, ifTract A of this -- of these four sites, if the developer feels that this tract would not be -- part of the development would be conveyed back to the City at the time that these other two tracts are consolidated with one entity. We recommend that we allow for these modifications. Chair Sanchez: All right. Need a motion. Commissioner Sarnoff. Motion for purpose of discussion. Chair Sanchez: Motion by Commissioner Sarnoff, second -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- by the Vice Chair for the purpose of discussion. 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. Okay. First speaker, state your name and address for the record. Good morning. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street, in the City ofMiami. First, I am not a City taxpayer now. I am a fee payer (UNINTELLIGIBLE). I don't pay taxes to the City or to the County; I pay just the School Board, but still, I pay federal taxes a lot, a lot of federal taxes. And I am not a lawyer, but I have a magnying glass; I read the small print, just like you do. When you went over the Marlins contracts (UNINTELLIGIBLE). I don't see here anything, the address or anything, and we have problems in Allapattah with construction of property that's now -- they eliminate a lot of small businesses and nothing been done there at 17Avenue, between 33 and 34 Street. You go there now, they got a big sign, CRC for sale. They eliminate a church, La Placita (phonetic) Market, Maximo Bakery, Romano Bakery, Pepe's Alteration thing there where the people used to be. Nothing being built there. Why? I don't know why. What's the problem, whatever, but they didn't get -- maybe the taxpayer, whatever. Also, in Allapattah, the company of Santiago Alvarez, I went here to help him with the zoning changes building affordable housing 12 and 36, 50 and 36, 32 and 38 couldn't be built. You know what, he made a mistake. He didn't hire the Carlisle Corporation with Joe (UNINTELLIGIBLE) to get the tax credits, so he didn't get tax credit; he couldn't build there, and we need affordable housing there. We -- people ask me everyday (UNINTELLIGIBLE). My daughter own a duplex next to me. He lost one of his tenants. You know why? The guy used to do pavers and Chattahoochee here. Who does Chattahoochee now? Nobody got the money to work in Chattahoochee and pavers, so he got to live -- they got to leave the duplex and go and live with the family 'cause that's the reality of the street. People here and the MRC (Miami Riverside Center) there with the big salaries that do nothing, they don't care about the small business on 17th Avenue. The only thing they do is go there, they fine those people, asking they pay more. They enforcing now some of those -- whatever ordinance that never been enforced about (UNINTELLIGIBLE) fine those people. They go there intimidating people, pay this, pay this, pay that because the City needs the money. You know, they -- you need the money, but you know one thing. I don't pay taxes to the City, but I pay taxes to the County. I own property in Miami Lakes. Cost me $4, 000 a year, but I made money with that, okay, because I don't mind. I get four federal checks, so I can speak because my checks are signed in Birmingham, in Philadelphia, not in City Hall or in County Hall where people are afraid of complaining. Chair Sanchez: All right. Mr. Cruz: I am not afraid of complaining because I am a fee payer and a taxpayer, and I'm tired of my neighborhood being treated in a different way. The businessmen, the Dominican people contribute a lot, and they don't get nothing there. Now, the place that they got together there, they raise it. There's no place there. Go there by 17Avenue. Go on down there from the 8th City ofMiami Page 39 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 floor, the 10th floor on the MRC and go there to Allapattah -- Chair Sanchez: Mariano? Mr. Cruz: -- and see what's going on in the street. Chair Sanchez: Mariano, in conclusion. Mr. Cruz: And whatever I want to know is what is this Madison place? What is that -- what are they going to build, in what district? I didn't see here anything. Mr. Duran: It's in District 5, it's in Overtown, specifically Northwest 7th Street and Northwest 6th Avenue. Mr. Cruz: That's fine. That's very close to Allapattah. I like that. Oh, I love it there. By (UNINTELLIGIBLE) plaza there, close to -- Chair Sanchez: Okay. Mr. Cruz: Oh, good, good. Chair Sanchez: All right. Mr. Cruz: That's a good place because I know the Commissioner Spence -Jones, she worries about people, about affordable housing there. I know because being with her and people (UNINTELLIGIBLE) like I know. You go to the trenches, to the street. You are not in the Ivory Tower, okay. And how is (UNINTELLIGIBLE) doing anyway? Fine. Okay. Chair Sanchez: All right. Thank you, Mariano. Mr. Cruz: Well, you know, that's fine, but three go and see Santiago Alvarez company. Santiago Alvarez is the one that's in prison now. Chair Sanchez: Mariano? Mr. Cruz: He work with me in the Army. He worked in the CIA (Central Intelligence Agency) too. We work together in Operation (UNINTELLIGIBLE) Cuba -- Chair Sanchez: Mariano? Mr. Cruz: -- and look at how he's treated how he's being paid by the Bush Administration. Come on. Chair Sanchez: Mariano. Thank you. Mr. Cruz: He never get pardoned now. They pardoned all the drug dealers and the (UNINTELLIGIBLE) people, the people that work for Medicare, but Bush didn't pardon any Cuban. Chair Sanchez: Thank you, Mariano. Mr. Cruz: Okay. Chair Sanchez: Thank you. All right. Next speaker. Charles, welcome to City Hall. City of Miami Page 40 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Charles Cutler: Good afternoon, sir. Chair Sanchez: You're recognized for the record. State your name and address for the record. Mr. Cutler: Charles Cutler, 706 Northwest 4th Avenue. I just want to -- and I'm going to be very brief. Given the reality that we're in a, not only economic crisis, but a recession, I think it's going -- it's imperative that we take every opportunity to employ the residents from Overtown and any opportunities not only in Overtown, but throughout the City ofMiami. Because what I'm starting to see now is in terms of the projects that's being developed through the CDBG (Community Development Block Grant) funding, and it really scares me about this economic stimulus because they're saying we're going to create or maintain four -- three point five to four million jobs, but for who? Because we're actually trying to build infrastructure inside the community, and what's actually happening -- andl need to basically inform you so that you can really understand. It's going to be very hard to build an economy when people coming in to work, and they're actually making dollars that's coming from funding sources that's directly responsible for building the economic infrastructure inside the community, be it housing or commercial development or whatever, when they won't even go into a store and buy a bag of potato chips or a bottle of water. And without ensuring that the residents are going to actually be able to get employment -- because the bottom line right now is employment. We're in an employment crisis right now, and we have to sit down. We got to come up with some type of formula of inclusion because what we're actually saying now is not beneficial to the community and it will not build any type of economic capacity right now. It won't build any kind of economic capacity because they're not spending money in our community. They're coming in, they're working, and they're making good salaries, but they're not spending any money in the community. So what happens as a result of that, there is really no real economic development. And in terms of this economic stimulus, if that's going to be the foundation by which the criteria is set, then it's going to be mandated and move forward that way, then we're going to miss the ball and that really scares me because we really got to start working together. We're a multicultural society, andl think that the workplace, through the contractors that we bring on board, through the developers that we bring on board -- when we go out there look at the work site, it should reflect the population of the people that's in those communities, and that's not what I'm seeing right now. Andl think that we really need to sit down and come up with some type of formula with the people that we're giving these contracts, and we got to let them know that we're serious about bringing some type of conformity in terms of -- or building some type of vehicle where there will be participation and employment by the local community. Thank you. Chair Sanchez: Thank you, Mr. Cutler. Applause. Chair Sanchez: All right. Let's refrain from clapping, cheering. All right. Gary E. Maximus: Good morning. Gary E. Maximus, 253 Northwest 49th Street. I think the situation with the housing is fully incompetency because if you have company that's supposed to (UNINTELLIGIBLE) 18 units and he can't (UNINTELLIGIBLE) 18 units, if you were to give him a hundred, how would he do it? They will not be able to do it. And you have those people giving the contract to people would not do the job, and the people in the community could complete the job, would not -- (UNINTELLIGIBLE) award the contract due to the fact that they don't have friends. It is wrong, and it's -- that is -- for the City Attorney not to be able to see all the incompetency with the contract and the situation, I think we, the people, need to vote these people out. In terms of green situation, all those buildings being done, they not putting them environmentally conscious for the situation, for the time that we are in. Now they are saying it takes that long for them to see a problem? Well, all those who approve that project need to be voted out of office. Thank you. City ofMiami Page 41 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: Thank you. Next speaker. Don Patterson: Good morning, Commissioners. Don Patterson, executive director for Mount Zion Developments, in the heart of Overtown. We specialize in housing and economic development. I just want to take a brief moment to point out, as a community partner on the Madison project, I share the sentiments of Mr. Cutler. I've met with Mr. Cutler and others as a part of advisory board meetings, community efforts to simply point out that in addition to affordable housing, there's a great need, but there's also a great need to make sure that economic development is made available for the community as well. So again, I just simply wanted to concur with Mr. Cutler's sentiments and let him know that his community partner will do everything possible to try to be accommodating to that end. Chair Sanchez: Thank you, sir. Anyone else from the public? If not, we're going to go ahead and close the public hearing, coming -- Commissioner Sarnoff. Mr. Chair? Chair Sanchez: -- back to the Commission for discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. All right. Let's unearth this particular agreement. This agreement goes back to when and how much? Mr. Duran: The agreement with the Madison deal goes back to 2007. Commissioner Sarnoff. And who was the previous -- if -- my understanding is there's something -- old debt of $1.5 million? Chair Sanchez: One point six. Mr. Duran: That is correct. Commissioner Sarnoff. One point six. Amongst friends, what 100, 000, right? One point six million dollars of HOME (Home Investment Partnership Program) funds from the federal government, correct? Mr. Duran: That is correct. Commissioner Sarnoff. Those are HUD (Department of Housing and Urban Development) funds that we would be responsible for? Mr. Duran: That's correct. Commissioner Sarnoff. So in the event the $1. 6 million is not paid back, it comes out of our general fund. Mr. Duran: It could, yes. Commissioner Sarnoff. Okay. Now, you -- we, in the past, then have -- who's the old debt holder, BAME (Bethel African Methodist Episcopal)? Mr. Duran: That's correct. An organization -- a nonprofit -- Chair Sanchez: BAME. City of Miami Page 42 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. BAME, okay. Mr. Duran: BAME. Commissioner Sarnoff. Okay. Now, the BAME debt, did we sue on that debt? Mr. Duran: Not to my knowledge, no. Commissioner Sarnoff. Okay. So BAME takes $1.6 million prior to this company -- I think it's Gatehouse, am I correct? Mr. Duran: That's correct. Commissioner Sarnoff. All right. So prior to Gatehouse being given this particular property, BAME takes $1.5 million and what do they do with it? Mr. Duran: They start construction of I believe, 40 homes in this -- on these lots. Commissioner Sarnoff. Okay. And what happens to these homes? Mr. Duran: They were never completed. Commissioner Sarnoff. What -- where do they stand now? Mr. Duran: The homes have since been demolished. The -- BAME originally commenced the construction of 40 -- I believe for 40 homes, had some issues with the contractor or other issues; they were unable to fulfill that construction commitment. Commissioner Sarnoff. All right. You said then the 40 homes were partially constructed, so I imagine some foundations were put in, and they stopped construction, correct? Mr. Duran: Yes. Commissioner Sarnoff. Do you make a demand upon them, "Are you going to finish?" Mr. Duran: I believe they -- what occurred in that time was the Administration met with them; that if they were not able to finish it, that they would bring someone on board or get involved in trying to get someone who would finish it. Commissioner Sarnoff. Did they do that? Mr. Duran: I believe that's what the nature of this deal is today. Commissioner Sarnoff. Okay. So now the $1.5 million of HUD money -- happens to be HOME, but HUD money -- Mr. Duran: Right. Commissioner Sarnoff. -- that the City remains responsible for, none of that money could be built upon because you demolished the foundations, correct? Mr. Duran: That is correct. Commissioner Sarnoff. So the plans, the legal, the actual bricks and mortar, the dirt, the rebar cannot be built upon that 1.5 million? City of Miami Page 43 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Duran: You're right. Commissioner Sarnoff. So now you're asking Gatehouse to absorb the $1.5 million in their program so that we don't have to expose our general fund to the $1.5 million? Mr. Duran: And in return, they're getting the land. Commissioner Sarnoff. Understood. But they're having to add the $1.5 million onto the inevitable either rent or sale price of this -- of these units? Mr. Duran: That is correct. It's a rental project. Commissioner Sarnoff. What are we doing about securing performance from BAME? Mr. Duran: My understanding is that the agreements with them or the conversation were at that time that if this project were to be developed, consummated by another developer and the debt was assumed by that other developer, that they would not be held liable for it. That is my understanding. Commissioner Sarnoff. Well, I'm a little curious why $1.5 million of HOME money gets wasted and we do nothing about it in terms of securing -- so that this developer could take the 1.5 million and bring down the cost of the rental or the purchase of the property. Mr. Duran: That was the agreement that I'm -- to my understanding occurred. Commissioner Sarnoff. And who entered into that agreement? Mr. Duran: That was the past administration. Commissioner Sarnoff. Okay. Mr. Duran: Now, it is our responsibility to make sure that these units get built, and that is why we're here today. Commissioner Sarnoff. Without that, we owe 1.5 million to HUD, and that comes out of our general fund, the same fund that we have to pay police, fire, roads, and everything else. Mr. Duran: That is correct. And that's why we're here, to avoid that happening. Commissioner Regalado: But how do we know -- Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you. How do [sic] you going to make sure that they will assume that 1.6 million? Mr. Mensah: I believe the documents are very -- you want to --? Ilene Temchin (Assistant City Attorney): Yes. Vice Chair Spence -Jones: Madam City Attorney, you're recognized. Ms. Temchin: Thank you, Commissioner. In exchange for the conveyance on the land, which happened in August, Gatehouse signed assumption -- modification and assumption agreements, City of Miami Page 44 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 so the legal documents were prepared in which Gatehouse has agreed to assume $1.6 million, the total prior investment on the land to repay us. This is an ownership project, and the understanding that -- my understanding is that we're going to be repaid once the building is built. Commissioner Regalado: Your understanding? You draw the documents. Ms. Temchin: Well, that's what the documents require, sir. Commissioner Regalado: But are you sure? Ms. Temchin: I'm positive; I drafted them. Yes. But it was a while ago. I apologize. Yes. The documents require them -- they're assumption documents. They've assumed the full debt. Commissioner Regalado: But how 'bout if they don't finish the project? Ms. Temchin: If they don't finish it, we'll sue them. Commissioner Regalado: I'm sorry? Ms. Temchin: We'll have legal remedies if they don't finish. We'll have legal remedies to sue them on that debt. They've assumed the debt. Vice Chair Spence -Jones: Any other questions, Commissioner Reg --? Okay. Any questions, Commissioner Sarnoff? All right. I just want to -- just a couple things real fast. How many units are we actually getting from the project? Mr. Mensah: One hundred and twenty units. Vice Chair Spence -Jones: One hundred and twenty units. Are they for families, for seniors, or what's the breakdown of the units? Mr. Mensah: They are mixed for families and seniors. They are mixed units. Vice Chair Spence -Jones: So it's mixed units? Mr. Mensah: Yes. Vice Chair Spence -Jones: And then my other question is the purpose -- what we're talking about now is not BAME. We're actually talking about the -- Mr. Mensah: Gatehouse. Vice Chair Spence -Jones: -- Gatehouse, the actual document that's in front of us now. The purpose and the reason why we're extending it, again? Mr. Mensah: This is for them to -- actually, the initial agreement with Gatehouse was that they will get the land after they received tax credit for the project. Gatehouse received tax credit for the project. They also receive sale loans. Vice Chair Spence -Jones: Okay. Mr. Mensah: What was happening -- Vice Chair Spence -Jones: How much have they received already, funding they've received on City of Miami Page 45 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 this particular project? Mr. Mensah: I know that it -- the project used to be a -- Vice Chair Spence -Jones: So this is a project that's actually partially or more than partially funded? Mr. Mensah: More than partially. At the last time when we talked, the only issue was there was a three million funding gap, which (UNINTELLIGIBLE) just to give them ability to be able to go to the County and be able to get about $1.5 million; we will provide additional $1.5 million so this project can move forward. Vice Chair Spence -Jones: So -- Nick Inamder: The financing is all in place, Commissioner. The project's ready to go. Vice Chair Spence -Jones: What's the total amount that's already been secured on the project? Mr. Inamder: Well, we've received sale funding of $6 million state financing and then bonds and then County funding. Vice Chair Spence -Jones: So the total amount of the project? Mr. Inamder: Approximately 22 million. Mr. Mensah: Twenty-two million dollars. Vice Chair Spence -Jones: Okay. Priscilla A. Thompson (City Clerk): Vice Chair? Commissioner Gonzalez: Name and address. Ms. Thompson: I'm sorry. Vice Chair -- Vice Chair Spence -Jones: Okay. I'm sorry, yes. Can you please put your name and address on the record. Mr. Inamder: Oh, I'm sorry. Nick Inamder, with the Gatehouse Group. The address is 445 Northwest 4th Street, Suite 108, Miami, Florida 33128. Vice Chair Spence -Jones: So we're talking about an extension today. That's what we're actually voting on, correct? Mr. Inamder: Well -- I'm sorry, Commissioner. Vice Chair Spence -Jones: Yes. Mr. Inamder: It's -- Vice Chair Spence -Jones: Let me just finish. Mr. Inamder: Sure. Vice Chair Spence -Jones: That's what we actually hear -- that's the purpose of this particular City of Miami Page 46 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 legislation, is to address -- Mr. Mensah: And the other to -- the other items -- also to allow them to combine the company into one company rather than two individual companies. Vice Chair Spence -Jones: But the question or the concerns that have been -- that have come up on this dais regarding the issue of some past amount that might be owed, a lot of this will be addressed because this project is more than, what, 70 percent funded already, 80 percent funded? Mr. Inamder: Oh, it's fully funded, and we're -- Vice Chair Spence -Jones: Fully funded. Mr. Inamder: -- ready to go. Vice Chair Spence -Jones: So the questions or the concerns that are being addressed right now will actually be resolved if -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- this project moves; correct, Madam City Attorney? Ms. Temchin: Yes, ma'am. Vice Chair Spence -Jones: Okay. And l just want to be clear because -- since we're talking about accountability and people being able to produce what they say. Based upon the City staffs viewpoint, Gatehouse, have they actually produced buildings, developed buildings in the area that have actually happened? Do you feel confident that they're going to be able to adhere to whatever we're signing off on today? Mr. Mensah: Yes. We've had no more projects with Gatehouse, and as of today, I don't think that there's any project that has gone bad on us with Gatehouse. Vice Chair Spence -Jones: Okay. All right. I just want to just say publicly on the record, I do know that there's several buildings in my district, at least in the last two or three years that I've been here, that have come up or are already up based upon Gatehouse's commitment to actually build affordable housing in the area. So just to know that you already have basically the project fully funded and any other concerns that might have been addressed prior to you guys getting it is going to be handled because we have the funding for this project; correct? Mr. Mensah: That's correct. Vice Chair Spence -Jones: Okay. I do want to just add, this particular parcel of land is close to Tuscan Place, which is right down the street from there, correct? Mr. Inamder: Correct, two blocks away. Vice Chair Spence -Jones: All right. Mr. Inamder: Approximately. Vice Chair Spence -Jones: So -- and that building is already up. And how many units are already there? City of Miami Page 47 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Inamder: The combined phases with those are -- it's 399 units. Vice Chair Spence -Jones: Okay. So I -- this is a project that's actually in my district, and l fully support. I think we had a motion and a second on the item already, correct? Just want to make sure. We just had some discussion on it? Commissioner Sarnoff.. May I just say something? Pamela E. Burns (Assistant City Clerk): That's correct. Commissioner Sarnoff.. Madam Chair. Vice Chair Spence -Jones: Yes, you may. Commissioner Sarnoff.. My concern is not with the Gatehouse. The Gatehouse is a proven performer. My concern is our proclivity as a Commission to give money to organizations that are unproven, have never built things, and we expose ourselves to taking money from our general fund and possibly paying this 1.6 million. Now, you might say that's not going to happen, Commissioner Sarnoff. Don't worry; the Gatehouse is a proven commodity. However, think about this. One point six million dollars should have been put into this project to do one of two things: To provide a better product or to have lowered the rental on the product. Money -- you just can't say it's all taken care of because that debt is being pushed downstream to the end user. It's either -- and the product he receives, the rental, the home he gets, or it comes from the fact that he's got to pay a little more rent or she's got to pay a little more rent because $1.6 million wasn't properly used or somebody didn't have a proven track record of building. And that's our fault. Vice Chair Spence -Jones: Right. And Mr. -- Commissioner Sarnoff -- and not disagreeing with you one way or the other, but think that, you know, you need to be very clear about how the tax credit situation works. I don't know if you want to put it on the record, George. Will this affect the bottom line of the rent? Mr. Mensah: Commissioner, I just want to put on the record that, Commissioner, we agree with everything that you've said so far. As you know, from a year ago, when I became involved in the Department in trying to set policy, we've made a number of changes in terms of how we manage the Department. One of the first things that we talked about or discussed in the office was putting stuff in place so that we don't give out land even before people have their financing in place. We have not done that. Those things -- if we do that, then it will ensure that projects before are not competent enough. If the banks out there do not have enough confidence in the developer to give them money, then our money doesn't go in. So with that in place, we can fully assure you that there's not a situation where we'll give property to someone, give them money, and then we can come back later and tell you that no, it didn't move forward Commissioner Sarnoff. Well, George, with all due respect, it was my office that suggested to your office that everything happened at the closing so that no property gets conveyed by the City ofMiami without proper reverter clauses and proper language in place, and that at the time of closing we knew exactly how much money was going into the project. Now, with regard to -- look, here's what don't want to have happen. Mr. Mensah: Okay. Commissioner Sarnoff. In five years from now, when I'm not sitting on the dais, I don't want somebody saying, you know that Commission that didn't look carefully, that didn't think properly, and the folks that we give the money to don't perform. I don't want to be here for that. I don't want to be looked upon in five years and say, you know -- how many times have you come City ofMiami Page 48 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 to my office and said, Commissioner, this goes back to 2001, this goes back to 2002. Things were done differently then. Mr. Mensah: Yeah. A number of times. Commissioner Sarnoff. And every time you do that, we pass along an exposure to the City of Miami of HUD funded projects that potentially will hit our general fund and we have to make decisions that push the money downstream, again either to a less effective unit or to a more expensive product. You know, money is fungible, but it gets pushed along. Andl applaud the fact that we've changed some procedures. All I'm saying here is we're just -- we're -- we are -- I'm just bringing out the fact that Gatehouse is a good developer, but we got to stop giving money to people that have never built before. Vice Chair Spence -Jones: Right. Andl think that we're -- I think we're very clear on that. I think that nobody's sitting on this dais -- everybody agrees with you and the people in the audience agree with you. I think that what we're here to vote on now, however, is this issue regarding what they're asking for regarding the extension of time and the issue of the land. And I think that they've already put on the record that they have the funding to actually pay for the cost of the overall project, which will address your concern that you brought up, so I think that is being handled at this particular point. Andl think that our director has also stated that they've put in -- things in place now to make sure that we don't have those kind of issues come back up again. So if we had a motion on this item and a second on this item, I'd like to go ahead and move it along, if we can. Madam City Clerk, do we have a motion and a second? So all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. Mr. Chairman had to step out for a minute. I know that we're going to recess now to deal with the CRA (Community Redevelopment Agency) meeting. I'm going to ask that we at least take a ten-minute recess. You know, I have a little nursing issue that have to address right now. I need ten minutes. END OF PUBLIC HEARINGS City of Miami Page 49 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 SR.1 09-00085 District 2- Commissioner Marc David Sarnoff ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, DIVISION 17, OF THE CODE OF THE CITY OF MIAMI, 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 BID BOARD AND BID COMMITTEE MEMBER PARTICIPATION IN BID PROGRAMS, INAPPLICABILITY OF SUNSET PROVISIONS, THE TRANSFER OF ASSETS FROM THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE TO THE BID BOARD AND COUNSEL; 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, 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 09-00085 Memo.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13059 Chair Sanchez: All right. Let's go ahead and get SR.1, which is an ordinance on second reading. That is pertaining to the BID (Business Improvement District). Commissioner Gonzalez: RE.1 ? City of Miami Page 50 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: No. SR.1. SR.1, pertaining to the BID. It came in front of us on first reading. We had expressed some concerns as to an ordinance. We did have an opportunity to sit down with the director and Legal Department, and we came up -- we agreed on slight modifications to it. Madam Attorney, do you want to read those amendments into the record? Julie O. Bru (City Attorney): I have some modifications that have been discussed. For the record, these are the modifications. To Section 2-1255, which describes the powers and the duties of the board, we are modifying it so that now it would read that the BID board shall have the power to, subject to City Commission approval, which approval shall not be unreasonably withheld, appoint an executive director and -- here is the change -- fix the terms of engagement and compensation of the executive director, which shall be paid from funds available to the BID board. So just to summarize this modification, previously, the City Commission would have approval rights over the appointment of the executive director. Now, the City Commission has approval right over the appointment and the terms and conditions of the engagement. The other modification that we made was just to make this consistent with the budgetary process that other boards adhere to is a change to 2-1257. The annual budget source of funds to provide that upon the effective date of the enactment of this ordinance, the BID board shall establish a fiscal year which coincides with that of the City. Within 60 days following the effective date of the enactment of this ordinance, the BID board shall submit to the City Commission, in a form acceptable to the City Manager, a BID board budget for adoption and ratification by the City Commission. And then commencing with fiscal year 2009-2010, consistent with the City's budget process, the BID board shall submit to the City Manager a BID board budget request pertaining to management, operation and maintenance expenditures and delineating the financial responsibility of the City for certain categories, including but not limited to insurance, security, utilities, and maintenance to be approved by the City Commission. Nothing contained herein shall be construed to prohibit the BID board from submitting a supplemental budget to the City Commission for approval. The other modification that has been suggested now is to the section of the City of Miami's Purchasing Code. Previously, we would have provided for goods and services related to promotion, management and marketing and other similar services of a business improvement district established pursuant to Chapter 170, would have been exempted from the Purchasing Code. Now, we would be deleting that exemption so as to make purchases of the BID subject to the City's Purchasing Code. Chair Sanchez: All right. David, you want to state something for the record? David Collins: I'm David Collins, executive director of the Coconut Grove Business Improvement Committee. It's a privilege to be here, Commissioners, andl thank you for your consideration again on second reading. If you have any questions, I'm happy to attempt to answer them. Chair Sanchez: All right. I would pass the gavel and make a motion with the amendments that have been proffered. Andl want to take this opportunity to thank the executive director, to sit down with us. Basically, what we felt -- and we are certainly in support. I think this is something that's going to benefit the Coconut Grove -- was that since two-thirds of the funding is coming from public funding, we wanted to make sure that, one, to protect your interest, that, just like everyone else, the procurement would have to go through the City, just as others do. But we also wanted to make sure that we fixed the language as to the compensation that -- although the board will determine your compensation, it will have to go in front of this Commission to approve the compensation. Now I have made it very clear that there should be independence. The City should not be basically telling you what to do. You have a big responsibility ahead of you with what has been created in the City, and people are going to be seeing it as an example. If it does work, there will probably be others that'll be created throughout the City. Now some can make an argument that, you know, if you're wealthy, you could tax yourself and benefit from it. But you're basically putting your own tax dollars to benefit your business in your area. City of Miami Page 51 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Overall, I think everybody would win. This legislation, the amendments that we made, really gives it more teeth and gives it more of a binding ordinance that we could all support on. And once again, David, I want to thank you for your professionalism, sitting down with us, and agreeing to these conditions. Mr. Collins: Thank you, Mr. Chair. Vice Chair Spence -Jones: So we had a motion on this item. Do we have a second? Priscilla A. Thompson (City Clerk): Not yet. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: Okay. There's a motion and a second on this item. The only thing that would just like to add -- first of all, I want to congratulate you on finally getting this thing through and done. Mr. Collins: Thank you, Commissioner. Vice Chair Spence -Jones: I think that it's definitely going to do a lot to help the Grove. And as far as the amended changes that Commissioner or Chairman Sanchez brought forth today, those were some of the concerns that we also had from my office. So I'm glad that you guys were able to sit and work through them, and congratulations on getting it done. Commissioner Regalado -- Mr. Collins: Thank you. Vice Chair Spence -Jones: -- do you have a statement? It looked like you had something you wanted to say. Commissioner Regalado: Just a question. The -- how do the appointments going to work? Would it -- it's like the historical board. It has to be a restaurant or a hotel? Commissioner Sarnoff. There's a -- there was a committee, but part of the actual ordinance required a certain number of hotels. CocoWalk had a certain representation. Mayfair has a certain representation. Retailers have a certain representation, and the City Commissioner puts three people on. Commissioner Regalado: Oh, the City Commissioner. So it's like they recommend and then we approve the whole slate? Commissioner Sarnoff. Correct. Commissioner Regalado: Okay. Chair Sanchez: And ifI may on that. Once again, I feel that the City has no business telling you who could be appointed to that. That's where your independence comes at. Mr. Collins: Thank you. Chair Sanchez: I tend to think that 19 members is a lot, but it provides representation. Your hands are going to be busy, my friend with 19 people on that board, but certainly, I felt that the City had no business in telling you who and how many should be put on your board. Yes, sir. Mr. Collins: Mr. Chairman, ifI may, without being presumptuous, I did want to say thank you to everybody in the City that's helped move this process forward. This was an example of the City City of Miami Page 52 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 relating well to it, everyone, from the Police Department to the Office of the City Clerk, and certainly, to our City Attorney's support. It's been an incredible process. And it's been exciting to see people caring about the Grove, and the Grove wanting to come back. So this is an extraordinary moment for us, finally. Thank you, Commissioner Sarnoff, for the endless hours of work you've put into this. Chair Sanchez: And we wish you Godspeed. All right. Ms. Bru: Excuse me, Mr. Chairman. Just -- I didn't hear what Commissioner Regalado said about the appointments. The last phrase that you said about the recommend and -- Commissioner Regalado: What I wanted to know is that if they had a committee that would recommend the names and then it has to be approved by the City Commission. Ms. Bru: No. It gets approved by the board. Commissioner Regalado: By the board. Ms. Bru: By the board, yes. Commissioner Regalado: So the only involvement is the area Commissioner that appoints three? Ms. Bru: Correct. Commissioner Regalado: Okay. Vice Chair Spence -Jones: Okay. This is actually a public hearing, so I think we have to open it up to the public. Is there anyone from the public that has any comments on this issue? Okay. The public hearing is officially closed; it comes back to the dais. This is an ordinance that needs to be read into the record. Ms. Bru: All right. It's a mouth -- Vice Chair Spence -Jones: Madam City Attorney. Ms. Bru: -- it's a mouthful, so -- The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: You know what, we have amended it, so we're not amending Article 18 anymore, so we'll have to revise that. Chair Sanchez: Wait, wait, wait. Whoa, whoa, whoa. Ms. Bru: Yeah. We're not amending the Purchasing Code anymore, so that part of the title will be revised when we -- remember, we amended it on the floor, pursuant to your directives. Chair Sanchez: Okay. Ms. Bru: Okay. So let me just read the -- The revised Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. City of Miami Page 53 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Vice Chair Spence -Jones: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 4-0. Chair Sanchez: All right. Mr. Collins: Commissioners, thank you for this challenge and opportunity. Chair Sanchez: Good luck, Dave. Mr. Collins: Thank you. SR.2 08-01394a ORDINANCE Second Reading District 3- Chair AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Joe Sanchez 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 OWNERS 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 ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13060 Chair Sanchez: All right. We move on to SR. 2. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR. 2 is an ordinance City of Miami Page 54 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 amending the City Code Chapter 55-14, concerning encroachments into the right-of-way, specifically to include a user fee. Chair Sanchez: All right. This is on second reading. Need a motion. Commissioner Sarnoff. So move. Commissioner Regalado: Second. Chair Sanchez: The motion has been made by Commissioner Sarnoff, second by Commissioner Regalado. It is an ordinance on second reading. It requires a public hearing. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on this item? Hearing no discussion on the item, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. END OF ORDINANCES - SECOND READING City of Miami Page 55 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 FR.1 09-00074 ORDINANCE City Manager's Office ORDINANCE - FIRST READING First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/CONFLICTS OF INTEREST," MORE PARTICULARLY BY AMENDING SECTION 2-612 TO PROVIDE LIMITED EXCLUSIONS FROM THE PROHIBITION OF TRANSACTING BUSINESS WITH THE CITY OF MIAMI ("CITY") BY EMPLOYEES OF THE CITY AND BOARD MEMBERS OF THE CITY; CONTAINING A SEVERABILITY PROVISION AND PROVIDING FOR AN EFFECTIVE DATE. 09-0074-Legislation-S U B. pdf 09-00074 Summary Form.pdf 09-00074 Legislation.pdf 09-00074- Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. We're going to go to FR.1. FR.1 is amending the article, conflict of interest. Madam Attorney, you're recognized for the record on this one. Julie O. Bru (City Attorney): Mr. Chairman and members of the Commission, this is -- this ordinance is before you on first reading, and basically, what it does is it makes our conflict of interest ordinance consistent with Miami -Dade County's. We're claming our conflict of interest ordinance to provide that officers, employees, and board members are precluded from transacting business with the City. However, we're now providing for an exclusion and allowing for officials, employees, and board members to transact business with the City, so long as they're not transacting business with their own board or they're not entering into a contract, over which they have any sort of administrative or monitoring responsibility. We're also claming the definition of what transacting business means, and we're providing also now for the concept that this ordinance not only affects individual conduct, but conduct that occurs as a result of an individual's participation or membership or ownership interest in a corporation, partnership or other legal entity. Chair Sanchez: All right. We need a motion on this. It's an ordinance on first reading. Commissioner Gonzalez: Motion. Chair Sanchez: It'll come back to us. There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second. Any discussion on this item? 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 is closed, coming back -- Madam Attorney, this would make this consistent with the County as to our conflict of interest? Vice Chair Spence -Jones: Madam City Attorney. City of Miami Page 56 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: This would be -- make -- it would basically make it consistent with the County. Ms. Bru: We're going to be consistent with the County, yes. Chair Sanchez: So it would alleviate some of the conflict of interest. Therefore, one who's on a board could do business with the City. However, one who's on a board cannot do business with that board. Ms. Bru: With their own board. Chair Sanchez: Correct. Chair Sanchez: All right. Ms. Bru: And we're handing out now a substitute which, basically, it doesn't change the substance, but what we did is we deleted a section that had been previously drafted into it, which was superfluous and made the ordinance a little bit confusing. So this is a little tighter now. Chair Sanchez: Right. But it is on first reading. It'll come back on second reading, and we could address or make any modifications, as long as it's not a significant modification, which will bring it back to first reading. All right. No further discussion on this item. The public hearing has been open and closed. It is an ordinance on first reading. Please read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. END OF FIRST READING ORDINANCE City of Miami Page 57 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 RESOLUTIONS RE.1 09-00189 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvements SERVICES AGREEMENT ("PSA") WITH ASTORINO, INC., FOR THE Program PROVISION OF MISCELLANEOUS ARCHITECTURAL SERVICES FOR MISCELLANEOUS PROJECTS, AND TO INCREASE CAPACITY IN ANTICIPATION OF THE UPCOMING ECONOMIC STIMULUS PACKAGE, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE PSA FROM $1,000,000, TO A TOTAL AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS IN AN AMOUNT NOT TO EXCEED $500,000, AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE 09-00189 Legislation.pdf 09-00189 Exhibit .pdf 09-00189 Summary Form.pdf 09-00189 Amendment No 1.pdf 09-00189 Memo.pdf 09-00189 Professional Service Agreement. pdf 09-00189 Certificate of Authority.pdf 09-00189 Attachment A.pdf 09-00189 Attachment B.pdf 09-00189 Certificate of Liability Insurance. pdf 09-00189 Letter.pdf 09-00189 Text File.pdf 09-00189 Master Report.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0111 Chair Sanchez: All right. Did we vote on the conflict of interest? Priscilla A. Thompson (City Clerk): I'm sorry? Vice Chair Spence -Jones: Yes. Chair Sanchez: We did that one already? Vice Chair Spence -Jones: Um -hum. Chair Sanchez: All right. Let's go to resolutions. Let's go to RE.1. Ola Aluko: RE.1. Ola Aluko, director of Capital Improvements, City of Miami. RE.1 is a resolution to authorize the City Manager to execute amendment number two to the miscellaneous professional services agreement, with Astorino, Incorporated, increasing the agreement by $500, 000, from an original $I million to a not -to -exceed amount of $].5 million. Funds are available, as needed, from various capital project accounts. City of Miami Page 58 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: Okay. Need a motion. Commissioner Regalado: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There is a motion and a second. The motion has been made by the Chair [sic]. It has been second by Commissioner Regalado. It is a resolution; does not require a public hearing. Any discussion? 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. RE.2 09-00192 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE Improvements PROFESSIONAL SERVICES AGREEMENT WITH WOLFBERG ALVAREZ & Program PARTNERS, INC., FOR MISCELLANEOUS ARCHITECTURAL SERVICES, IN THE AMOUNT NOT TO EXCEED $250,000, THEREBY INCREASING THE AGREEMENT FROM $1,000,000, TO A TOTAL NOT TO EXCEED AMOUNT OF $1,250,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FOR WORK ASSIGNMENTS AS NEEDED FROM VARIOUS CAPITAL PROJECT ACCOUNTS. 09-00192 Legislation.pdf 09-00192 Exhibit.pdf 09-00192 Summary Form.pdf 09-00192 Text File Report.pdf 09-00192 Amendment No. 1.pdf 09-00192 Tables of Contents.pdf 09-00192 Corporate Resolution.pdf 09-00192 Services Agreement.pdf 09-00192 Compensation & Payments.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0112 Direction by Chair Sanchez to the City Manager to schedule a workshop with the Administration to provide information on the funding availability and restrictions on the funds being provided from Washington to give the Commissioners a clear understanding of the economic stimulus plan and how the money can be used for the benefit of the City. Chair Sanchez: All right. We go to RE. 2. Ola Aluko (Director, Capital Improvements Program): Mr. Chair, RE.2 is a resolution to authorize the City Manager to execute amendment number two to the miscellaneous professional services agreement of Wolfberg and [sic] Alvarez & Partners, increasing the agreement by City of Miami Page 59 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 $250, 000, from an original $1 million to a not -to -exceed amount of $1.25 million. Chair Sanchez: Okay. There's a motion. Commissioner Regalado: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been made by Commissioner Regalado, second by the Vice Chair. It's a resolution. Any further discussion on RE.3 [sic]? Mr. Aluko: RE.2. Chair Sanchez: Discussion on -- Commissioner Regalado: RE. 2. Chair Sanchez: -- RE. 3 [sic]? Mr. Aluko: RE.2. Vice Chair Spence -Jones: RE.2. Chair Sanchez: I do apologize, RE.2. Any discussion on RE. 2? Commissioner Regalado: Thank you, Mr. Chairman. Ola, the famous stimulus money, we're getting six million -- nine million? Mr. Aluko: Approximately $9.1 million from the MPO (Metropolitan Planning Organization) to repair roadways and bridges. Commissioner Regalado: And when would this money be available? Mr. Aluko: Our liaison is currently working with the DOT (Department of Transportation) to establish what we call a LAP (Local Agency Program) agreement, local -- well, let's leave it as LAP agreements. Once the LAP agreements are finalized by the DOT, we should be able to implement the projects. I have been told in approximately four weeks. Commissioner Regalado: So it's less than 90 days? Mr. Aluko: Yes. We expect to receive the monies -- Commissioner Regalado: 'Cause that's the caveat that the federal government has. Mr. Aluko: I'm sorry? Commissioner Regalado: That's what the federal government requires. Mr. Aluko: Yeah, the federal government requires, once we receive the dollars, we have 90 days Commissioner Regalado: You start in 90 days. Mr. Aluko: -- to obligate, yes. So our -- City of Miami Page 60 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Regalado: And you can do that? Mr. Aluko: Yes, we can. Commissioner Regalado: Okay. Mr. Aluko: Our time has not started to tick yet. Commissioner Regalado: Okay. Chair Sanchez: Since we're on the stimulus package, now, you said that we're getting $9.1 million in transportation funds. Mr. Aluko: For our transportation -related projects. That's correct. Chair Sanchez: And it's broken down into three projects. I believe you said one was the Brickell Key Bridge, the Northeast 2ndAvenue, and one was going to be one million citywide sidewalk improvements. Mr. Aluko: Yes. That's correct. Roughly one million dollars for sidewalks along state and county roads within the City. Commissioner Sarnoff. Wait, wait. I'm sorry. You're saying the MPO money? Mr. Aluko: That's -- this is the MPO dollars. That's correct. Commissioner Sarnoff. You think it does what? Mr. Aluko: I'm sorry? Say that again. Commissioner Sarnoff. I'm sorry? What do you think the MPO dollars are doing? Mr. Aluko: The -- Commissioner Sarnoff. I was there, and I'm just curious where -- Mr. Aluko: -- funds -- Commissioner Sarnoff. Yeah. Mr. Aluko: -- that were allocated through the MPO -- Commissioner Sarnoff. Right. Mr. Aluko: -- will be utilized on three City -- three projects. Commissioner Sarnoff. Right. And what were they? Mr. Aluko: One is the Brickell Key Bridge. Commissioner Sarnoff. Right. Mr. Aluko: Bridge qualifies under the categories. Commissioner Sarnoff. Yeah. I remember that one. City of Miami Page 61 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Aluko: Second project will be Northeast Second Avenue -- a segment of Northeast 2nd Avenue. And the third project would be sidewalks along -- Chair Sanchez: Citywide. Mr. Aluko: -- citywide sidewalks along county and state roads. Commissioner Sarnoff.. I don't remember that. Chair Sanchez: All right. Bill Anido (Assistant City Manager). Arterial highways. Chair Sanchez: But here's the whole thing. Those money [sic] are coming down with restrictions -- Mr. Aluko: That is correct. Chair Sanchez: -- okay. People think that we could take that money and do whatever we want with it. It's not the case. Mr. Aluko: That is not the case. Chair Sanchez: Any time that we get money from the federal government, the federal government just doesn't send the City ofMiami a blank check and tells you, do what you want with it. It comes down with restrictions, time certain, cost certain and project certain. And in this case, if the projects are not shovel ready, forget it. So what we need to do, as this is probably the first chunk -- and I'm sure there'll be more money. My understanding is that we're also getting money for CDBG (Community Development Block Grant), which is $2 million, and I'm sure those will come with restrictions too -- is to make sure that we in the City here do whatever we can within our powers to make sure that we could put those dollars right out on the street as quickly as possible; first, to get these things done; second, to give our people in the City jobs, which they need right now. But they made it very clear. Mr. Aluko: That is correct. Chair Sanchez: The money needs to be spent wisely and with those restrictions or, you snooze -- Mr. Aluko: You lose. Chair Sanchez: -- you lose. So I just want to make -- Mr. Aluko: That's why those projects -- Chair Sanchez: -- sure that -- because the only money that we've gotten right now that's been put to use, in my understanding under the stimulus plan, is two point something million dollars that we got for the Police Department, correct? Pedro G. Hernandez (City Manager): That's correct. Chair Sanchez: And that is that we hire ten new police officers and ten clerical assistants to get the detectives out on the street investigating the crimes and not be in the office working on paperwork, which I think it's great. I mean, the more money Washington sends us down, the better off we are in these tough economic times. But this City needs to be ready. This City needs City ofMiami Page 62 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 to be prepared to have in place a system where we could quickly expedite and get these monies out. 'Cause if we don't have these projects shovel ready, we're not going to get the money. So here, basically getting back to the scope of the discussion, which is the ordinance that we're addressing, is that the architects that we're hiring could possibly get those projects on line. In other words, you know, we could expedite and get plans done in case the second (UNINTELLIGIBLE) comes out, we have projects that are shovel ready, ready to be worked on. So that's the challenge -- Mr. Aluko: That is the -- Chair Sanchez: -- you're going to have to have. Mr. Aluko: -- that's the ultimate goal. We're getting ourselves ready for the second set of projects -- I mean, second set of -- Mr. Anido: A very clear message. Mr. Chairman, the Manager has made it very clear that we have to expedite the bidding and construction of these stimulus projects, and we believe we're ready to do so. But a very clear message, absolutely. Chair Sanchez: I'm surprised that, somehow, the Administration hasn't proffered to us a streamline on the procurement to try to get a lot of these projects quickly out there. I mean -- Mr. Aluko: We have, Commissioner. In December, we passed an ordinance, an expedited ordinance. And we had anticipated some of these projects, so we placed those projects on the ordinance. And you will receive a memo from the Manager shortly, within this upcoming week, which will give you a status of how we have actually expedited projects. Vice Chair Spence -Jones: Mr. Chairman, I just have a quick question for Ola. So Ola, the three projects that you just mentioned, are those projects -- are they locked in or is this what your recommendation is? Mr. Aluko: It's my understanding that they have been locked in, and we are currently working out the agreements -- that's the conduit of payment from the Department of Transportation. Vice Chair Spence -Jones: Okay, so in other words -- Mr. Aluko: Yes. They're definite. Vice Chair Spence -Jones: -- nothing -- so the sidewalks and road improvement projects throughout -- I guess, throughout the City are going to be determined by the needs of the districts, or how are you -- Mr. Aluko: For the -- Vice Chair Spence -Jones: -- or --? Because, to me, you know, if it's monies that's going to be coming to the City, you know, for us to be spending our dollars towards state and county roads, you know, when, clearly, we have City roads that need repair and -- Mr. Hernandez: Commissioner, ifI may. I think it's important to put on the record -- Vice Chair Spence -Jones: I mean, I just don't -- I don't understand the -- who made the --? I know you didn't -- Mr. Aluko: Well, the Manager's -- City of Miami Page 63 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Vice Chair Spence -Jones: Oh. Mr. Aluko: -- going to -- Mr. Hernandez: Let me be -- Vice Chair Spence -Jones: Who made the decision that, you know --? Mr. Hernandez: -- clear on this. The Surface Transportation Program dollars can only be used for roads in the federal -aid system, and most of those roads are either county- or state -maintained. So dollars from the Surface Transportation Program I cannot use indiscriminately anywhere in the City. I cannot use them for local roads. Vice Chair Spence -Jones: So that means state roads and county roads? Mr. Hernandez: Exactly. Chair Sanchez: And federal roads. Vice Chair Spence -Jones: And federal roads. Mr. Hernandez: The only exception to that would be bridge repairs, bridge work. Vice Chair Spence -Jones: And who's going to determine which state, county roads? Who determines which roads we're going to identf? Does the City determine those roads? Mr. Hernandez: The ones that we want to do, yes. Yes, we do. Vice Chair Spence -Jones: I mean, I understand the stimulus part. People will be put to work, so that's a great thing. No matter what, it's going to do something great. But it just seems to me, you know, County should be taking care of their own roads. You know what I'm saying? I mean, do -- Mr. Hernandez: Commissioner, those are the -- Vice Chair Spence -Jones: I guess then my other question is, does the County have their own allocation of stimulus dollars, like we have ours, Ola? Commissioner Sarnoff. Yes. Mr. Aluko: Yes, they do, and -- Commissioner Sarnoff. Big (UNINTELLIGIBLE). Mr. Aluko: -- they have restrictions also. The County dollars are going strictly towards the unincorporated County areas, mainly because we, the municipalities, have already received dollars from the same pot of money within municipal or incorporated areas. Vice Chair Spence -Jones: Ola, let me just give you an example. And you know, I can't wait 'til - - you know this. I had this conversation with you. Northeast 2ndAvenue, we already have the dollars allocated for this, correct, Ola? Mr. Aluko: We have an agreement with the County -- or we have an understanding with the County that the City will fund the design, and then the County will pay for the construction of Northeast 2ndAvenue. City of Miami Page 64 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Vice Chair Spence -Jones: Which, to my understanding, the dollars were already allocated for Northeast 2ndAvenue on their side of it, correct? We've been waiting forever, but yeah. Mr. Aluko: Prior to this Administration, the dollars were identified. We have made another request as of yesterday, as a matter of fact, of the County to specifically outline the dollars per segment. Whether the dollars -- Vice Chair Spence -Jones: 'Cause I don't want them to take -- and I'm not trying to create an issue. I'm just -- what I'm simply saying is it seems as though now when these dollars are coming down, now we're saying, okay, we're going to shift -- they're going to shift the money that they had allocated for Northeast 2ndAvenue, which has been promised to the people for God knows how long, to some other project that they want to do throughout the County, correct? Mr. Aluko: Well, we haven't heard that from the County, officially. Vice Chair Spence -Jones: But you come from the County. You kind of -- Mr. Aluko: Don't put me -- Vice Chair Spence -Jones: Come on now. Mr. Aluko: -- in that predicament. Vice Chair Spence -Jones: I don't want to put you on the spot, but Bill -- Mr. Aluko: I understand. Vice Chair Spence -Jones: -- and Roger -- Roger's sitting over there smiling. He knows. So we're going to essentially take monies that was already allocated for Northeast 2ndAvenue -- I'm just -- maybe I'm the only one that really thinks it's an issue, butt just think it's crazy. It's crazy -- Mr. Aluko: It's a valid concern. We did express that concern to the County yesterday. We met the County at roughly 2 o'clock yesterday afternoon, and our request was to keep -- Vice Chair Spence -Jones: Use the money that they already have. Mr. Aluko: -- the money on the project and have the stimulus dollars be used as a supplement because there weren't enough funds to begin with. So we were told that they will take that request under advisement and they will, you know, give us a response. And I'm sure, with our relationship with the County, hopefully, we'll get a favorable response. Commissioner Regalado: Madam -- Mr. Hernandez: Commissioner, another rule regarding stimulus program is that those dollars are not intended to supplant. So if the County had funds for Northeast 2nd Avenue, you cannot use stimulus dollars to do that project. You cannot supplant. So Northeast 2ndAvenue, as far as I know, they have no construction dollars for it. And this is a project that we have been waiting for the longest time, as you know, to get it done. Vice Chair Spence -Jones: No, no. I want to be clear. Northeast 2ndAvenue, to my understanding, unless they shifted the money out again -- I mean, there's -- you know, Northeast 2ndAvenue had money set aside for it, just like North Miami Avenue. So Northeast 2ndAvenue definitely had money set aside to -- from my standpoint -- from the County's standpoint, to do City of Miami Page 65 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 their portion of it. Commissioner Sarnoff. Well, I'll tell you. We were -- andl understand what you're saying, and you're dead right -- pretty -- Vice Chair Spence -Jones: You're agreeing with me? Oh, my goodness. Commissioner Sarnoff. Sometimes when you're right, you're right. Mr. Hernandez: We have to provide the right subject matter and we get you to agree. Commissioner Sarnoff. What I'm saying is -- Vice Chair Spence -Jones: Mark this day. Mark it down. Write it down. Go ahead. I'm sorry. Commissioner Sarnoff. No, that's all right. The MPO Board was trying to avoid exactly what you're saying, which is where the County had money, let's say, three years waiting to go into a project. We didn't want to -- what we didn't want to do was to put that money in that project and then they would redirect those funds somewhere else. We wanted to stimulate the economy, find projects that they had de funded. We were pretty careful up there, that I remember, going through project by project, what we call de funded projects, projects that were no longer going to be considered, but we thought were worthwhile, and we tried to prioritize those. And we did that in two different ways. One is with the $56.2 million that came to the municipalities. And somehow, by the way, in case you should feel a little bad -- I do -- Commissioner Gimenez made the motion and he said that money should go to municipalities, and somehow, the County interpreted that "and Unincorporated Dade." So -- and in case you don't think it's a big deal, that's 40 percent of $56.2 million. I don't know what the outcome is because Commissioner Gimenez said he would look into it. I don't know whether he was -- 'cause he was the maker of the motion, and the seconder of the motion was very clear this was to go to municipalities, but somehow the County interprets muncipalities as a non -municipality of Unincorporated Dade. So that's one source. Second source was we were prioritizing a second Manche of dollars -- and somebody want to refresh my recollection how many it was? I think it was a hundred million. Pedro G. Hernandez (City Manager): It was like 120, 000, in that range. Unidentified Speaker: A hundred and twenty million. Commissioner Sarnoff. A hundred twenty -- Mr. Hernandez: And that was then a portion via a formula based on population. Commissioner Sarnoff. And Pepe Diaz was very careful in making sure that we only funded de funded projects. In other words, projects that were not going to get any kind offunding, period, that had been de funded for lack offunding ability. So, you know, Commissioner, you're right. The hard part of this whole process is the money has to be spent on roads that somehow match up with the federal system, and that's not going to take care of our small roads in the City ofMiami, but it will stimulate projects that were not going to be funded. Chair Sanchez: All right. Commissioner Regalado: HI may -- Chair Sanchez: Okay. Commissioner Regalado: -- Mr. Chairman, just very briefly. The million dollar is for the City ofMiami Page 66 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 sidewalks, which are responsibilities ofFDOT (Florida Department of Transportation). But what they're doing is they're shifting the responsibility for sidewalks to the City. So technically, we're getting money, but in practice, that would be their responsibility. My hope is that we can tap into the on -tap part of the stimulus that, for instance, provides money for fire station or mini police station. That's homeland security, and there is a huge amount of money there, so I don't know how on top of that we are, but I will tell you that there are several cities -- I tried to get the number -- but as of now, we know of 12 cities that have requested homeland security to build fire station or police station. So I -- you know, we have the need of the fire station in Coral Way. The response time is going up, and the Fire Department keeps asking for a fire station in the Coral Way area, so I think it's time that we seek stimulus money from homeland security for fire. Mr. Hernandez: Commissioner, there are opportunities for grant applications for fire stations, and the maximum that they will provide for any one application is a maximum of 15 million. I know that that's more than sufficient for us to be able to do a fire station. So there are several ways that the stimulus works. In some cases, it's by formula; in other cases, it's grant applications. I also wanted to point out that through CDBG, through Community Development, that the City will be receiving monies that can be applied or used for infrastructure throughout the City at our own discretion. So that's another one. Chair Sanchez: Can I make a suggestion? Look, everybody's talking about the stimulus plan and what the money could be used for and how do we tap into that resource. Why don'tI suggest and work with the City Manager to put together a workshop where we could have the Administration give us a PowerPoint presentation as to, you know, how much funding's available, when the funding's coming in, what grants are available, to really capitalize -- because what we're looking at is we're going to have needs. We have needs in this community, andl think every Commissioner here who has a district is basically going to push for their district. Now that's fine and dandy, but we have to take into consideration that this is really not a lot of money that's coming down here. If you really look at it, it's -- $9 million is really not a lot of money. I mean, people that are watching me on TV (Television) are probably -- he's gone nuts. But when you're talking about those capital improvement projects with three major projects, you're talking about the Brickell Key Bridge. You know, that's going to -- how much is that going to be? About two million? Mr. Aluko: Roughly $2.3 million. Chair Sanchez: Two point three million dollars. So right there, in one project, you're using two million dollars. I think it's important for us to get real educated as to, you know, the money that's coming down here, what restrictions it has, because we're the ones that have to address our constituents when they ask us those questions as to -- and once we get that information, possibly we could go out to the community and have, you know, meetings in our community to explain to them about the money, you know. Everybody's talking about the money's coming down from Washington. When does it get here? How can we use it? We got to have a clear understanding of how we're going to be able to use that money for the benefit of the City. Mr. Hernandez: Commissioner, we're in the process of creating a Web site that will allow for the public access to see the stimulus program, how it's impacting the City, the different components, the projects under each component, time line, cost, et cetera, and we'll use that as a basis to track it and to also make it available to the public. Chair Sanchez: Well, you know what, Washington's also got one. Mr. Hernandez: Yes. Chair Sanchez: Washington's putting one together, same thing, where anyone could tap into it and see how the money's being used, where the money's going. So I -- you know, if you want to City of Miami Page 67 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 do another one, it's perfectly -- Mr. Hernandez: Well -- Chair Sanchez: -- fine. But I'll tell you this much. I think it's important that we work with you, with the Administration, to have a workshop one day. It could be done in maybe two or three hours -- Mr. Hernandez: Right. Chair Sanchez: -- or we could meet here and have a workshop pertaining as to the economic stimulus plan. Mr. Hernandez: Right. The idea is that our Web site would allow for the public access to the program, allow us to track it, and it will link to the federal program. So, in essence, we will satisfy that requirement with them, too. I don't know if Ola mentioned it before, but Brickell Bay [sic] Bridge, that's our maintenance. And -- Chair Sanchez: Brickell Key Bridge. Mr. Hernandez: Brickell Key Bridge. That's our maintenance, our responsibility, so those dollars will help us, in essence, resolve an issue that somehow we would have to have -- you know, to look for monies for to take care of it. Chair Sanchez: All right. RE.2. That was a resolution. It's been debated, discussed. We've even gone out of the scope of the resolution itself, but we're back at it again. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Mr. Aluko: Thank you. RE.3 09-00193 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), APPROVING AN AMENDMENT TO THE ORIGINAL Recreation SCOPE OF WORK FOR THE VIRGINIA KEY BEACH PARK PROJECT ("PROJECT"), PURSUANT TO THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, ADOPTED JULY 16, 1996, CONSISTING OF THE PURCHASE AND INSTALLATION OF A CAROUSEL RIDE AT THE PROJECT; FURTHER DIRECTING THE CITY MANAGER TO OPERATE AND MAINTAIN SAID PROJECT UPON ITS COMPLETION. 09-00193 Legislation.pdf 09-00193 Exhibit.pdf 09-00193 Summary Form.pdf 09-00193 Pre Ordinance.pdf 09-00193 Agreement.pdf 09-00193 Expenditures.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 68 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones R-09-0117 Chair Sanchez: RE. 3. RE.3 is a resolution, the Department of Parks and Recreation. Who's going to be representing that one? Guy Forchion (Director of Operations, Virginia Key Beach Park Trust): I will, Mr. Chairman. Chair Sanchez: Oh, yes, sir. I didn't see you. Mr. Forchion: Guy Forchion, director of operations for the Virginia Key Beach Park Trust. RE.3 is a resolution asking that the Miami City Commission approve amendment to the original scope of work for the Virginia Key Beach Park Trust project under the Miami -Dade County Safe Neighborhood Parks Bond ordinance, and this would involve including language having the purchase and installation of a carousel ride at Virginia Key Beach Park. Chair Sanchez: All right. Need a motion. Commissioner Sarnoff. So move. Chair Sanchez: Motion by Commissioner Sarnoff, second by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Regalado. Discussion on the item. Commissioner Sarnoff. Yeah, Mr. Chair. Can I just --? You are attempting to use the -- is it the 2004 Safe Neighborhoods [sic] Bond? Mr. Forchion: Correct. Commissioner Sarnoff. -- to fund -- How much are you expecting to get funding for the purchase? Chair Sanchez: The carousel. Mr. Forchion: For the carousel. It's $200, 000 from the SNP (Safe Neighborhood Parks). This is an action -- and for a little history on this -- that the Trust went before the -- that citizens advisory board earlier last year. It was -- actually, it was March 5 -- and on May 1, 2008, that committee approved the scope change and the $200, 000. The Trust moved forward with the purchase of the carousel and completed that transaction in July 2008. When the reimbursement was coming forwardfrom the County, it was rejected on the terms that the oversight committee did not have the authority to have made that level of a scope change. And so the County, in an attempt to cure this situation, came to us and explained that what would need to happen is adding that project to the scope of work; it would then come from here and go before the County Commission also for their approval. So the transaction has already taken place. The carousel is purchased and began operating February I this year. Chair Sanchez: All right. Any further discussion on RE.3, resolution? We had a maker of the motion and a second. No further discussion on RE.3. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Before City of Miami Page 69 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 you go, on Virginia Key, now that you -- the summer's coming around, Mr. City Manager, and there's going to be a lot of activities out there. Mr. Forchion: Yes. Chair Sanchez: It's going to be a beach that's going to be heavily used. I think it's one of the nicest beaches we have. However, it is one of the dangerousest [sic] beaches we have with the currents. And 'til this day, we have not placed the buoys out there, and you've got summer coming around, and you're going to have people going in the water out there that are not going to have those buoys, andl am very concerned about the safety of those that are going to go to the beach, and swim out there. I'll tell you from experience 'cause I've been out there. And when the currents are rough, they'll take you out. They'll take you out, especially when the tide's coming in and going out underneath the third bridge. So I just want to bring this point. Where are you at on that? I know that we approved the buoys being placed out there? Have -- where are we at? Mr. Forchion: Well, the ordinance has been approved. All of the applications to the permitting agencies are all in. Chair Sanchez: Oh, is it going to be done before the summer? Mr. Forchion: We are hopeful that it will be. I just got news from the Army Corps of Engineers two days ago that they're getting ready to put forward their permit in three to four weeks. Chair Sanchez: Okay. Mr. Forchion: From that point then, we'll have those permit numbers, can put them on the buoys and go ahead and install them. Chair Sanchez: All right, 'cause -- Mr. Forchion: We are very hopeful that it will be in. Chair Sanchez: Summer's around the corner and -- Mr. Forchion: Yes, it is. Chair Sanchez: -- you're going to have a lot of people going out there and enjoying the beach and enjoying the atmosphere there, and you're going to have people going in the water. And they'd better be safe. All right. Mr. Forchion: Thankyou, Mr. Chairman. Chair Sanchez: Appreciate it. Thank you. Commissioner Sarnoff. Thanks. Mr. Forchion: Thankyou. RE.4 09-00171 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY CARA JENNINGS, ERIN ADAMS, CATHY DE LA AGUILERA, DAVID ANDERSON, TRISTIN ANDERSON, KELLY BENJAMIN, NOAM BROWN, JULIA DANIEL, ROBERT "BO" DAVIS, MATTHEW DAVIS, JAVIER DEL SOL, CODY DORNBUSCH, ABIGAIL City of Miami Page 70 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 FLETCHER, CODY GALLIGAN, POOJA GEHI, JEREMIAH GILDEA, JONATHAN GOLDBERG, AMANDA JENNINGS, DAVID BENJAMIN ("BEN") MADDOX, MELODY MALFA, CHARLES ARNOLD MALLOY IV, DAWN MATLAK, SARAH MCDANIEL, NATHANIEL MILLER, CHRISTIAN J. MINAYA, STELIA NAPPI, NATALIE POLORATZKY, DANIEL ROBLETO, VERONICA ROBLETO, JOSUA SAMTER, PETER SHULTZ, DEBORAH SMITH, SUSAN STEVENS, AND PETER ("PANAGIOTI") TSOLKAS, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $51,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED CARA JENNINGS, ET AL. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 07-23008-CIV-MARTINEZ, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.515000.0000.00000. 09-00171 Legislation.pdf 09-00171 Budget Memo.pdf 09-00171 Cover Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0113 Chair Sanchez: RE.4. RE.4 is a settlement, Office of the City Attorney. Julie O. Bru (City Attorney): Yes, Mr. Chairman. This is -- this resolution proposes a settlement of the case Tara Jennings, et al, versus City ofMiami. This is in the United States District Court, case number 07-23008 civil. It's before Judge Jose Martinez, and we're seeking authorization to settle all the claims against the City ofMiami in the amount of $51, 000. This is 34 plaintiffs. They're alleging violations of their constitutional rights by the Miami Police Department during the FTAA (Free Trade Area of the Americas) meeting back in November of 2003. Commissioner Sarnoff So move. Chair Sanchez: Need a second. Commissioner Gonzalez: Second. Chair Sanchez: All right. We are on RE.4 It's a resolution. It's a settlement. It's been -- a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. It is a resolution. It does not require a public hearing. Anyone from the pub --? Sorry. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.5 09-00150 RESOLUTION City ofMiami Page 71 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Employee Relations ATTACHMENT(S), RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI ("CITY") AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL 1907, ATTACHED AND INCORPORATED AS EXHIBIT "A," PROVIDING SOME EMPLOYEES WITH EITHER A CITY -ISSUED CELLULAR TELEPHONE OR A CELLULAR TELEPHONE ALLOWANCE WHEN FUNDS ARE AVAILABLE AND AT THE DISCRETION OF THE RESPECTIVE DEPARTMENT DIRECTOR, AND PROVIDING THE CITY WITH THE AUTHORITY TO TERMINATE THE USE OF CITY -ISSUED CELLULAR TELEPHONES OR CELLULAR TELEPHONE ALLOWANCES AT ANY TIME AFTER ISSUANCE. 09-00150 Legislation.pdf 09-00150 Exhibit.pdf 09-00150 Summary Form.pdf 09-00150 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0114 Chair Sanchez: And we move on to RE.5. Hector Mirabile: Hector Mirabile, director of Employee Relations. This is a resolution of the Miami City Commission, with attachments, ratifying a memorandum of understanding between the City ofMiami and the American Federal of States [sic], County, and Municipal Employees, Local 1907, attached and incorporated as Exhibit A, providing some employees with either a City -issued cellular telephone or a cellular telephone allowance, when funds are available, and at the discretion of the respective department director, and providing the City with the authority to terminate the use of City -issued cellular telephones or cellular telephone allowances at any time after issuance. Chair Sanchez: All right. Commissioner Sarnoff. So moved. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion and a second. The motion has been made by Commissioner Sarnoff, second by Commissioner Gonzalez. It is a resolution. Any further -- any discussion on RE.5? 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, Madam Clerk. RE.6 09-00187 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY City ofMiami Page 72 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 20,594 SQUARE FEET, OR 0.473 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3301 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING ADDITIONAL PARKING FOR THE LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, AND PROVIDING FOR THE CANCELLATION OF THE EXISTING REVOCABLE PERMIT SIMULTANEOUSLY WITH ENTERING INTO THE AGREEMENT, WITH ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00187 Legislation.pdf 09-00187 Exhibit.pdf 09-00187 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Items RE.6 andRE.7 were deferred to the City Commission meeting currently scheduled for April 23, 2009. Commissioner Sarnoff. Mr. Manager, this'll also cover a number of your other PHs (Public Hearings). Madeline Valdes (Acting Director, Public Facilities): I was just -- Chair Sanchez: Yes. Ms. Valdes: -- going to mention that. Pedro G. Hernandez (City Manager): Yeah. Ms. Valdes: RE. 6 and RE. 7, if we can also have those two items continued -- Commissioner Sarnoff. So moved. Ms. Valdes: -- for the same meeting. Commissioner Gonzalez: Second. Chair Sanchez: Okay. So let's just go ahead and -- RE. 2 -- RE. 6 and RE. 7, I need a motion -- Commissioner Sarnoff. So moved. Chair Sanchez: -- to continue to the April meeting. Motion has been proffered by Commissioner Sarnoff, second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "aye." Motion carries. That City of Miami Page 73 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 RE.7 09-00188 Department of Public Facilities RE.8 09-00200 Department of Finance takes care of those items. Ms. Valdes: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND RICKENBACKER MARINA, INC. A FLORIDA FOR PROFIT CORPORATION (THE "LICENSEE"), FOR THE USE OF APPROXIMATELY 1,440 SQUARE FEET, OR 0.033 ACRES, OF CITY -OWNED PROPERTY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING A BOAT LAUNCHING RAMP FOR LICENSEE'S OPERATION, COMMENCING FROM THE EFFECTIVE DATE, WITH THE LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY OF $4,500, PLUS STATE OF FLORIDA USE TAX, IF APPLICABLE, WITH ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00188 Legislation.pdf 09-00188 Exhibit.pdf 09-00188 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Items RE.6 and RE.7 were deferred to the City Commission meeting currently scheduled for April 23, 2009. Note for the Record: For minutes related to item RE.7, see item RE.6. RESOLUTION A RESOLUTION OF THE CITY OF MIAMI, FLORIDA, CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ISSUANCE OF NOT TO EXCEED FIFTY-ONE MILLION, FIFTY-FIVE THOUSAND DOLLARS ($51,055,000) IN AGGREGATE PRINCIPAL AMOUNT OF CITY OF MIAMI, FLORIDA LIMITED AD VALOREM TAX BONDS, SERIES 2009 (HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS) ("SERIES 2009 BONDS"), TO PAY FOR THE COSTS OF ACQUISITION, CONSTRUCTION AND EQUIPPING OF CERTAIN HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENT PROJECTS WITHIN THE CITY AND TO PAY THE COSTS OF ISSUANCE OF THE SERIES 2009 BONDS; PROVIDING THAT SUCH SERIES 2009 BONDS SHALL NOT CONSTITUTE GENERAL OBLIGATIONS OF THE CITY BUT SHALL BE SPECIAL LIMITED OBLIGATIONS PAYABLE FROM A LIMITED AD VALOREM TAX TO BE LEVIED ANNUALLY ON ALL TAXABLE PROPERTY IN THE CITY, WHICH LIMITED AD VALOREM TAX SHALL BE PLEDGED FOR THE PAYMENT OF THE PRINCIPAL OF AND THE INTEREST ON SUCH SERIES 2009 BONDS; PROVIDING A SECONDARY SOURCE OF City of Miami Page 74 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 PAYMENT FOR SUCH SERIES 2009 BONDS FROM NON AD VALOREM REVENUES; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION WITH SUCH NON AD VALOREM REVENUES; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE SERIES 2009 BONDS AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES IN CONNECTION THEREWITH SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; AUTHORIZING THE NEGOTIATED SALE OF THE SERIES 2009 BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT IN CONNECTION THEREWITH SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; APPROVING UNCERTIFICATED, BOOK -ENTRY ONLY REGISTRATION OF SAID SERIES 2009 BONDS WITH THE DEPOSITORY TRUST COMPANY; DELEGATING TO THE CITY MANAGER AUTHORITY TO NEGOTIATE AND OBTAIN A MUNICIPAL BOND INSURANCE POLICY AND/OR A CREDIT FACILITY, IF ANY, TO INSURE AND/OR SECURE, AS APPLICABLE, SAID SERIES 2009 BONDS AND TO EXECUTE AND DELIVER ANY RELATED AGREEMENTS SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; APPOINTING A PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT, SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY; PROVIDING FOR A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY AND THE SELECTION OF A FINANCIAL PRINTER THEREFOR; COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES 2009 BONDS IN ACCORDANCE WITH SECURITIES AND EXCHANGE COMMISSION RULE 15C2-12 AND APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT THERETO SUBJECT TO REVIEW AND APPROVAL AS TO LEGAL FORM AND CORRECTNESS BY THE CITY ATTORNEY AND APPOINTING A DISCLOSURE DISSEMINATION AGENT THEREUNDER; AUTHORIZING ALL REQUIRED ACTIONS; AND PROVIDING AN EFFECTIVE DATE. 09-00200 legislation. pdf 09-00200 Exhibit.pdf 09-00200 Exhibit 2.pdf 09-00200 Exhibit 3.pdf 09-00200 Exhibit 4.pdf 09-00200 Summary Form.pdf 09-00200 Pre Legislation.pdf 09-00200 Master Report.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones City of Miami Page 75 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 R-09-0103 Chair Sanchez: Let's go ahead and take up RE.8. Let's go ahead and take RE.8 first. That's the first item that we're going to be taking up. That's the $51 million Homeland Defense bond. Diana Gomez (Director, Finance): Good morning. Chair Sanchez: All right. Ms. Gomez: Diana Gomez. I'm sorry. Chair Sanchez: Let's go ahead and take up the personal appearance so -- Ms. Gomez: Okay. Chair Sanchez: -- we could get him out of here first. We'll take you up -- Ms. Gomez: Sure. Chair Sanchez: -- after. I do apologize. [Later..] Chair Sanchez: Before we move on to the next item, which is RE.8, I want to take this opportunity as we -- are we ready for RE.8? I want to take this opportunity to welcome back the Vice Chair to the City Commission. We missed her, and she's doing well, and Baby Noah's also doing very well. So welcome back, Vice Chair. Vice Chair Spence -Jones: (UNINTELLIGIBLE). Chair Sanchez: Pleasure to have you back. So we'll proceed with RE.8. Ms. Gomez: Diana Gomez, Finance director. RE.8 is a resolution authorizing the issuance of $51, 055, 000 in limited ad valorem bonds series 2009. This is the last series of the Homeland Defense Bond series approved by the voters in 2001. The amounts that -- of this bond issuance are necessary to complete the Homeland Defense Bond program. This issuance will be issued at a fixed rate with repayment over 20 years. The resolution allows for an interest rate of up to 7 percent. Current run show the overall rate, including cost, of 5.2 percent. We're structuring this deal to have a level debt service payments over the 20 years at around $4.1 million a year. The voter referendum authorizes the debt millage rate of 1.218, and assuming no growth in our tax rolls, our estimates put us at a maximum debt millage of.71 percent. Even if a drop in assessed value of 25 to 40 percent in the tax rolls in the upcoming years, we will still be below the approved 1.218 debt millage. This resolution also authorizes the -- delegates the City Manager the determination of certain matters and details concerning the series 2009 bonds, including but not limited to negotiating and obtaining municipal bond under -- municipal bond insurance for the bonds. At this time it is anticipated that we go to pricing on these bonds the week ofApril 13, and we're planning to close the week ofApril 20. Any questions? Chair Sanchez: Okay. We are on RE.8. Is there a motion on RE.8? Commissioner Gonzalez: Motion. Commissioner Sarnoff. Second for discussion. Chair Sanchez: Okay. There's a motion for the record by Commissioner Gonzalez, second by Commissioner Sarnofffor discussion. Commissioner Sarnoff, you're recognized for the record. City of Miami Page 76 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. Diana, you indicated that there'd be -- you're anticipating a drop in assessed value of up to 20 to 40 percent? Ms. Gomez: No, no, no. I'm -- I -- Commissioner Sarnoff. You're saying it could withstand that? Ms. Gomez: If we would experience a drop of -- in those ranges, the debt millage for repaying these bonds will still allow for us to -- the capacity to pay it back. Commissioner Sarnoff. What are you projecting the drop in the assessed value to be? Ms. Gomez: I'm not -- I don't make projections. Commissioner Sarnoff. You've not made that projection? Ms. Gomez: No. We -- Commissioner Sarnoff. So you're just telling me that -- you're telling this Commission -- I apologize -- that in the event there's a 20 to 40 percent drop in our assessed value, you could withstand it? Ms. Gomez: Yes, that is correct. Commissioner Sarnoff. Okay. Do you -- are you expecting to issue what's called CABS (Capital Appreciation Bonds). Ms. Gomez: No. Commissioner Sarnoff. You want to explain what a CAB is? Ms. Gomez: Let me introduce -- Ed Marquez, our financial advisor, who can give you a very good explanation. Commissioner Sarnoff. But you know what is CAB is, right? Ms. Gomez: I do, but I'd prefer that he -- Commissioner Sarnoff. You prefer him to explain it? Edward Marquez: Good morning, folks. Commissioner Sarnoff. Good morning, Mr. Marquez. Chair Sanchez: State your name for the record, Mr. Marquez. Mr. Marquez: My name is Edward Marquez. I work for First Southwest Company. We are the financial advisors to the City ofMiami. A capital appreciation bond is a form of bond where you don't pay interest currently on a year -by -year basis; you pay it at the end. Sometimes they refer to it as zero coupon bonds, and it's just a -- you just don't pay interest. And what ends up happening it costs the entity who is the issuer more in interest expense over a period of time. Commissioner Sarnoff. So you pay only -- you don't -- excuse me. You only pay interest only; you don't touch principle, and at the end, you -- or does it happen all at the end? City ofMiami Page 77 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Marquez: It happens basically all at the end. Commissioner Sarnoff. Okay. So, essentially, what you'll get -- what you're saying a CAB is is a form of debenture or bond that is something in the nature of -- sort of like a subprime situation where everything happens at the end, interest as well as principle payments. Mr. Marquez: Everything happens at the end. I would not relate it to a subprime situation because that encompasses other things as well. Commissioner Sarnoff. Sorry? Mr. Marquez: A subprime situation encompasses other things as well. Commissioner Sarnoff. Right, but that was one of the events of the subprime. Mr. Marquez: Well, that's one of the attributes of a subprime loan, but -- Commissioner Sarnoff. So you're -- the type of bonds you would be issuing are fully amortized bonds over a 25-year? Mr. Marquez: They're over a 20-year basis -- Commissioner Sarnoff. Twenty-year life -- Mr. Marquez: -- level debt service payment, principle and interest is being paid It's very much like a 30year fixed rate mortgage. I mean, that's -- this is a typical plain vanilla -type of financing. Commissioner Sarnoff. Interest payments are paid consistently and persistently over the 20-year period? Mr. Marquez: They are paid -- yes. It's a level debt service. What happens if you look at the break down of interest and principle, there's a curve like this. You are paying more principle at the end, like you do at a normal mortgage, but your level payments -- you have level of payment every year. Now -- Commissioner Sarnoff. Okay. I just want to make sure they're fully amortized debentures or bonds. Mr. Marquez: Yes. Yes, sir. Commissioner Sarnoff. Thank you. Chair Sanchez: Any further question on that? Commissioner Regalado: Chairman. Mr. Chairman. Chair Sanchez: Yes, sir. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Mr. Marquez, ifI may. Mr. Marquez: Sir. Commissioner Regalado: How would you describe the bond market right now? City of Miami Page 78 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Marquez: It's recovering. The bond market -- and we have Ron Williams here from Merrill Lynch, who can also discuss the current situation in the bond market. But basically, higher -level credits are getting access on a tax-exempt basis in the bond market; lower -level credits are paying more in interest proportionately. Taxable municipal debt is having problems getting issued, but on a tax-exempt basis, like these bonds, we don't anticipate any problem in getting them issued. And can have Ron, who's from Merrill Lynch, explain a little bit more on the market. Commissioner Regalado: No. I just -- because I read that the city of New York just issued some bonds, and they really had to pay high interest on it. Mr. Marquez: I'll have Ron explain a recent issue that he had that was quite large. Ron Williams: Good morning. My name is Ron Williams. I'm with Merrill Lynch. Andl would just agree with Ed. The tax-exempt market is open. They're -- you know, what we're saying is that at various times, as a lot of debt comes -- begins to come to the market, the market does have some trouble digesting that; then issuers hold off on issuing debt. The market recovers and is able to, you know, accept the new issuers that are coming. On Tuesday of this week, I priced a $800 million deal for the District of Columbia, and on that day our debts, I think, price five or six different deals, so right now the market, you know, is healthy, and issuers that have good credit ratings are able to come to market and access the market, you know, at competitive rates. Diana mentioned the rate that we're estimating -- the interest cost, I should say, that we're estimating right now and, you know, that interest cost is taking into account the dynamics of the market right now. And would say from a historical perspective, it is -- you know, for the credit rating that we have, it is a very competitive rate andl also would say somewhat conservative because we're assuming uninsured bonds, and there is the possibility that we would be able to get bond insurance, and that would lower the cost of financing. Commissioner Regalado: Okay. Thank you. Commissioner Sarnoff Can I just ask -- are you going to be issuing transactional bonds or negotiated bonds? Mr. Williams: Not sure what negotiated bonds. I'm not sure what transactional bonds are. Commissioner Sarnoff Would you just explain to the audience what a negotiated bond is? Mr. Williams: Sure. A negotiated transaction is the City chooses a syndicate, which it has done through a competitive process, and that syndicate goes out through a lead manager and other managers, offers bonds to the public; and the -- it's negotiated because the underwriter goes out, offers those bonds to the public, and based on the orders that are present for the bonds, the City either accepts that bid or it can negotiate kind of you know, what they want to accept in terms of where the interest rates are. Commissioner Sarnoff So we'll be doing these by negotiation, not by transaction? Mr. Williams: Again, I -- are you saying competitive versus negotiated? I'm not sure what transactions is. Commissioner Sarnoff Well -- yeah, I call it transactional competitive. Mr. Williams: By negotiated. Commissioner Sarnoff Okay. City of Miami Page 79 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Williams: I -- just to add to that, I would say that the competitive market is actually not working right now. Commissioner Sarnoff. Right. Mr. Williams: The state of -- for example, we're -- I'm doing a transaction for the state of Florida, which traditionally, always issues their bonds competitive, and they've chosen us also to do a negotiated bond issue, and they have a Triple -A rating from S&P (Standard & Poors), so -- Commissioner Sarnoff. Andl think that's what Commissioner Regalado was getting at. The competitive bond market has been moving nowhere. Mr. Williams: That's correct. Commissioner Sarnoff. Is that a fair statement? Mr. Williams: It is very difficult to get a deal done on a competitive basis. Yes. Commissioner Sarnoff. Right. So we're going to go through what's called a transactional -- I'm sorry -- we're going to go through -- Mr. Williams: Negotiated. Commissioner Sarnoff. -- what's called a negotiated basis through Merrill Lynch. Mr. Williams: Yes. Merrill Lynch and other managers. Chair Sanchez: Any other questions? If not, I think that -- the issue here that I think that we need to get a clear answer is that if the City tax base falls a large margin, we still have the capacity to pay for those bonds, correct? Ms. Gomez: That is correct. Chair Sanchez: All right. And now as to a fair statement, an important factor is that when this was voted on, the millage to cover the bond that was capped at 1.2 percent, correct? Ms. Gomez: That is correct, 1.218. Chair Sanchez: And with no growth to the tax base, the insurance would boost our millage to cover the bonds at no more than 0.7 percent? Ms. Gomez: Zero point seven one is the maximum that the schedule shows over the 20 years if there's no growth in the assessed tax rolls. Chair Sanchez: All right. And this was voted by the voters of the City ofMiami, and it basically boils down to something, that this City in the past, for one, maybe not having the resources or the proper planning, the infrastructure and things in this City -- things were not done, and this gives us an opportunity to put forth what the voters approved on this bond issuance. So based on the assurance that the experts -- you are the experts -- in the meetings that we've had is the assurance that we do have enough to meet the bond capacity to get these things done. Ms. Gomez: Correct. Yes. Chair Sanchez: Is that correct? City ofMiami Page 80 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Ms. Gomez: Yes, that is correct. Chair Sanchez: All right. Any other statements? If not, there's a motion and a second. It's a resolution. It does not require a public hearing. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." It passes, Madam Clerk, 5-0. RE.9 09-00244 RESOLUTION Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, APPROPRIATIONS, CLOSING OUT THE OPERATIONAL BUDGET FOR Budgeting, and FISCAL YEAR ENDING SEPTEMBER 30, 2008. Performance 09-00244 Legislation .pdf 09-00244 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0115 Chair Sanchez: And we move on to item number -- 6 and 7 have been pulled. RE.8 has been taken care of. Priscilla A. Thompson (City Clerk): We should be -- Chair Sanchez: We go to -- Ms. Thompson: -- on RE.9. Chair Sanchez: -- RE.9. Michael Boudreaux: Mike Boudreaux, director ofManagement and Budget. Commissioners, RE.9 is a resolution to close out the fiscal year 2008 budget appropriations. During the last budget appropriations resolution presented to you in July of 2008, it was projected that the City's general fund balance would reduce from 100.5 million at the start of the fiscal year to 92.9 million. Since this time, the City's general fund balance is projected to close at 93.6 million on September 30, 2008. As a result, the close-out budget for fiscal year 2008 will use 6.9 million of general fund balance. Commissioner Sarnoff. So move. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: Okay. RE.9, there's been a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Discussion on the item. Hearing no -- Commissioner Regalado: Mr. Chairman. City of Miami Page 81 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 RE.10 09-00151 Department of Employee Relations Chair Sanchez: -- discussion on the item -- Commissioner Regalado: No dis -- I was briefed by Mike and the Manager and Larry, so I have no discussion. I imagine that everybody was. Chair Sanchez: All right. The bottom line is that we've gone from $105 million in reserves in 209 [sic], during these tough economic times, and we're closing our books with $93.5 million. So that is not bad for a City that, ten years ago, was on the verge of bankruptcy. I think that shows that we have been prudent with our money. Of course, we can do much better, but 93.5, I can guarantee you, a lot of cities our size cannot be saying that during these tough economic times. So --I, too, was briefed, andl want to take this opportunity to thank you and your staff for walking us through the numbers, and we're okay for now. We'll see what brings this year, which we got some tough times coming. But as for now, we're holding up. Okay. Any further discussion? If not, we're on RE.9. 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), RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND AFSCME, LOCAL 1907, ATTACHED AND INCORPORATED, REMOVING THE CRIME SCENE INVESTIGATOR I CLASSIFICATION FROM THE PRESTEPS; PROVIDING FOR A FIVE (5) PERCENT SUPPLEMENT FOR CRIME SCENE INVESTIGATORS I, CRIME SCENE INVESTIGATORS II, AND FORENSIC INVESTIGATIONS SUPERVISOR. 09-00151 legislation. pdf 09-00151 Exhibit.pdf 09-00151 Summary Form.pdf 09-00151 Memo.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0116 Chair Sanchez: RE. 10. Hector Mirabile: Hector Mirabile, director of Employee Relations. This is a resolution of the City ofMiami Commission, with attachments, raging a memorandum of understanding between the City ofMiami and AFSCME (American Federal, State, County, and Municipal Employees) Local 1907, attached and incorporated, removing the crime scene investigators classification from the pre -steps, providing for a 5 percent supplemental for Crime Scene Investigators I, Crime Scene Investigators II, and Forensic Investigators Supervisor. Chair Sanchez: Okay, RE. 10. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? City ofMiami Page 82 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Vice Chair Spence -Jones: Second. Commissioner Sarnoff. Second. Chair Sanchez: Second by the Vice Chair. Any further discussion on RE.10? It's a resolution. No public meeting [sic]. Okay, no further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Mirabile: Thank you. Chair Sanchez: That takes care of all the REs (Resolutions). City of Miami Page 83 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 EXECUTIVE SESSION 2:30 P.M. ES.1 09-00215 EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2008]. THE PERSON Attorney CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF MIGUEL GUTIERREZ, AS PARENT AND PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ V. CITY OF MIAMI, CASE NO.: 06-01722 CA 09, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:30 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; AND DEPUTY CITY ATTORNEY, WARREN BITTNER. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 09-00215 - Memo.pdf 09-00215 - Notice to the Public.pdf DISCUSSED Chair Sanchez: All right. The City ofMiami Commission meeting is back in order after a short recess for lunch. We will be addressing the executive session that was advertised for March 12, 209 [sic] on February 26, 209 [sic], under the provision of Section 286.011(8). The City Attorney requested that this Commission meet in a -- in private to discuss pending litigation in the case of Miguel Gutierrez, as parent and personal representative of the estate of Susana Gutierrez, versus the City ofMiami, Miami -Dade County circuit court case number 06-01722 CA 09. The City Commission approved the City Attorney's request and will be now -- and we will now, at approximately 2:30 p.m., commence a private attorney -client session under the parameters of Florida Statute 286.011(8)[206] sic. The private attorney -client session will conclude at approximately 3:15, at which time the regular City Commission meeting will resume. The session will be attended by the members of the City ofMiami Commission, Chairman Joe Sanchez, Angel Gonzalez, Marc Sarnoff, Tomas Regalado, and Vice Chair Michelle Spence -Jones; the City Manager, Pedro Hernandez, and attorney -- City Attorney Julie O. Bru, and Deputy City Attorney Warren Bittner. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the litigation. So at this time, we will meet in my conference room pertaining to the executive session. And the Commissioners that are not here, when they get here, they can meet us at the conference room for the executive session. So we will be back at about 3 o'clock. City ofMiami Page 84 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 [Later... Chair Sanchez: All right. Ladies and gentlemen, we are back from the executive session. That concludes the executive session that we had, and therefore, now we go back to the City agenda. We will take up item ES.1, which was the executive session for the settlement. END OF EXECUTIVE SESSION City of Miami Page 85 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 RESOLUTIONS -CONTINUED RE.11 09-00172 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY MIGUEL GUTIERREZ, AS PARENT AND PERSONAL REPRESENTATIVE OF THE ESTATE OF SUSANA GUTIERREZ, DECEASED, WITHOUT ADMISSION OF LIABILITY, THE SUM OF $165,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CASE OF MIGUEL GUTIERREZ, ETC. VS. THE CITY OF MIAMI, IN THE CIRCUIT COURT IN AND FOR MIAMI-DADE COUNTY, CASE NO.: 06-01722 CA 09, UPON THE EXECUTION BY MIGUEL GUTIERREZ, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.515000.0000.00000. 09-00172 Legislation.pdf 09-00172 Cover Memo.pdf 09-00172 Memo 2.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff R-09-0109 Chair Sanchez: Is there a motion for the settlement? Vice Chair Spence -Jones: So moved Chair Sanchez: The motion is -- Commissioner Gonzalez: Second. Chair Sanchez: -- made by the Vice Chair. It is second by Commissioner Gonzalez. Discussion on the settlement? Hearing no discussion on the settlement, all in favor, say "aye." Commissioner Gonzalez: Aye. Vice Chair Spence -Jones: Aye. Commissioner Regalado: Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Commissioner Sarnoff. Nay. Chair Sanchez: Excuse me? Commissioner Sarnoff. I just want to register my "no." City of Miami Page 86 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 RE.12 09-00272 City Manager's Office Chair Sanchez: Okay. Just need to speak a little louder. Commissioner Sarnoff. I said no. Chair Sanchez: There's one no. Commissioner Sarnoff. No. Chair Sanchez: Okay. It helps if the mike is on. Commissioner Sarnoff. Thanks. Chair Sanchez: Okay. Julie O. Bru (City Attorney): Mr. Chairman, let me just put something on the record, though, because the item was introduced, but we didn't put something on the record. This is RE.11, and this is a proposed settlement in the case of Miguel Gutierrez, as parent and personal representative of the estate of Susana Gutierrez, versus the City of Miami, Miami -Dade County circuit court case number 06-01722 CA 09. And this is a settlement in the amount of $165, 000. Chair Sanchez: Okay. For the record, we just took a vote, and it was 4-1. That's RE.11. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE FINDING OF NECESSITY REPORT, ATTACHED AND INCORPORATED AS EXHIBIT "A," FOR THE AREA PROPOSED TO BE INCLUDED IN THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT AREA ("STUDY AREA"), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; FINDING THAT THE REBUILDING, REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE STUDY AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI AND MIAMI-DADE COUNTY; FINDING THAT THE STUDY AREA CONSTITUTES A SLUM OR BLIGHTED AREA AS DEFINED IN SECTION 163.340, FLORIDA STATUTES; DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THE FINDING OF NECESSITY REPORT TO MIAMI-DADE COUNTY FOR REVIEW AND CONSIDERATION. 09-00272 Legislation.pdf 09-00272 Exhibit.pdf 09-00272 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0107 Chair Sanchez: Now we go to the -- back to the City ofMiami Commission meeting. Vice Chair Spence -Jones: And Overtown residents, you should probably still stay around. This is the -- City ofMiami Page 87 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 RE.13 09-00273 City Manager's Office Chair Sanchez: All right. Vice Chair Spence -Jones: -- second part of it. Chair Sanchez: This is the same -- Vice Chair Spence -Jones: Same item. Chair Sanchez: -- language, same resolutions that are required to be passed both by our CRA (Community Redevelopment Agency), which we just did, and now we're going to be voting on it at the City. Commissioner Gonzalez: Do you want to do that now? Chair Sanchez: I will ask you for -- I will ask that, please, limit the debate. We've had plenty of debate on the same item. We just need, as formality, to approve it in the City; and then it'll go to the County. We're going to be taking up RE.12. RE.12, it is the finding of necessity report. Is there a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. Any discussion on the item? I hope not; we had plenty before on the CRA meeting. 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." Madam Clerk, RE.12, which is a resolution, has been approved, 5-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO WORK WITH THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), TO MOVE FORWARD WITH THE PROCESS FOR ISSUANCE OF BONDS AND THE USE OF TAX INCREMENT REVENUES FOR THE FUNDING OF PROJECTS NOT TO EXCEED $500,000,000, FOR IMPROVEMENTS WITHIN THE REDEVELOPMENT AREA. 09-00273 Legislation.pdf 09-00273 Summary Form.pdf 09-00273 Memo.pdf 09-00273 Pre Legislation.pdf 09-00273-Submittal. pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0108 Chair Sanchez: We move on to RE.13. That is the one that sets the increment revenue for the funding of projections, not to exceed $500 million. We ask that the same amendment be applied City of Miami Page 88 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 to this one, which is subject to capacity. Need a motion -- Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: So moved. Chair Sanchez: -- with the amendment. Vice Chair Spence -Jones: So moved. Chair Sanchez: Okay. Vice Chair Spence -Jones: I mean, second. Chair Sanchez: Commissioner Gonzalez makes the motion, as amended, second by -- Vice Chair Spence -Jones: Could --? Chair Sanchez: -- Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just wanted to make sure -- I know Madam City Attorney just had a small clarification on -- Julie O. Bru (City Attorney): Correct. Vice Chair Spence -Jones: -- one of the where is [sic]. I just wants [sic] to make sure she puts that on the record. Ms. Bru: Right. For the record, the -- we have just passed out a substitute for this item, and this is some additional language that was provided to clam this resolution, and it's been highlighted for you. Vice Chair Spence -Jones: And this is based upon the -- because we can't amend the global agreement. Chair Sanchez: Take the opportunity right now for the Commissioners to take a minute or two and read it. It's only three paragraphs as a "whereas" in the resolution, and then we'll vote on it. Commissioner Sarnoff. You're saying this does not change the global agreement? Vice Chair Spence -Jones: No, it doesn't. Commissioner Sarnoff. Okay. Vice Chair Spence -Jones: That's the whole purpose of it, so we don't change it. Commissioner Gonzalez: All right, as amended. Chair Sanchez: All right, hold on, hold on. Commissioner Sarnoff. Do you have the global agreement there, Madam City Attorney? Ms. Bru: Yes, I do, Commissioner. I can give it to you, but let me just put something on the record. The global agreement is between the County, the City, the CRAs (Community City of Miami Page 89 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Redevelopment Agencies). This resolution is a City resolution, so this resolution, we really don't need to concern ourselves about whether or not there's an amendment to the global. This doesn't amend the global. This carries out the intent of the global. That's what the Commissioner wanted to make sure that it was clear in this resolution. And the discussion that you just had as a CRA board, I think dovetails into this because that is the discussion. What we read -- the minutes that we read from the meeting in December, where the global was approved, expressed that this was the intent of the parties. So the language that you have here is simply just an expression of intent on the part of this Commission. It doesn't concern the global agreement. It implements the intent of the global agreement, but the global agreement doesn't have to be amended. Chair Sanchez: All right. We have -- the Commissioners have had an opportunity to review the amendments. Any concerns, any comments on the slight modification, which is -- doesn't require a change? Hearing none, we had a motion and a second. Commissioner Gonzalez: I correct my motion, and make a motion as amended. Chair Sanchez: As amended. Second? Vice Chair Spence -Jones: Second. Chair Sanchez: All right. It is a resolution, as amended. 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 both of the items pertaining to the CRA. Now it's on its way to the County. Vice Chair Spence -Jones: Mr. Chairman, I just want to make a statement to all of my fellow Commissioners because I want the community to recognize that this was a 5-0 vote, so I would like to officially acknowledge you guys and to ask for you to at least give them a hand. Applause. Chair Sanchez: We're not supposed to do (UNINTET,TIGIBT,F). Vice Chair Spence -Jones: And thank you so much for supporting Overtown Parkwest. We truly appreciate it. Chair Sanchez: On -- what we're going to be doing now is we're going to be taking an hour recess. When we do come back -- we're going to be back in an hour 'cause we have an executive session, which I need to read some items -- I need to read a statement into the record before we break into the executive session. Pedro G. Hernandez (City Manager): That will be at 2: 30, I believe, sir. Vice Chair Spence -Jones: Thank you. Chair Sanchez: Okay, so we'll be back at 2: 30. City ofMiami Commission stands in recess till 2: 30. END OF RESOLUTIONS City ofMiami Page 90 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 BOARDS AND COMMITTEES BC.1 08-00898 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Donna Milo Chair Joe Sanchez Charles A. Pruett Commissioner Marc David Sarnoff Janice Tarbert Commissioner Tomas Regalado Paul D. Mann Commissioner Tomas Regalado 08-00898 memo 3-12-09.pdf 08-00898 members 3-12-09.pdf 08-00898 Applications 3-12-09pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0118 Chair Sanchez: And we go to board appointments, correct, Madam Clerk? Priscilla A. Thompson (City Clerk): That's correct. Chair Sanchez: Okay. Let's do the board appointments. Commissioner Gonzalez: I'm deferring all of my appointments. Chair Sanchez: Okay. All right. Okay. We'll take that under advisement. BC.1. BC.1, Planning and Zoning. Okay. All right, let's do board appointments. All right, BC.1. BC.1, Madam Clerk, there -- architect and architect/historian. That's on the Historic and Environmental? Ms. Thompson: No. BC.1 would be your Planning Advisory Board. Commissioner Sarnoff. PAB (Planning Advisory Board). Chair Sanchez: Okay. Ms. Thompson: And you have your list of incumbents. You -- we also advertised, and you have a list of individuals who submitted applications. So you can make your choices either from your incumbents or from your applicants or both. Vice Chair Spence -Jones: I'm deferring all (UNINTELLIGIBLE). City of Miami Page 91 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: All right. Could --? I don't have an appointment. Commissioner Sarnoff. I do. Ms. Thompson: You -- I'm sorry. Chair Sanchez: But is there one at large? Ms. Thompson: I'm sorry. You do have two appointments. We're on BC.1, the PlanningAdvi -- Chair Sanchez: BC.1 ? Ms. Thompson: BC.1. Chair Sanchez: Oh, I do apologize. I do have -- Ms. Thompson: Your current incumbent, Donna Milo, and then you have Arva Moore Parks McCabe. Chair Sanchez: Okay. Ms. Thompson: Ms. McCabe would need a 5-5 waiver if you wanted to reappoint her because of her service, her term limit. Chair Sanchez: All right, so I would reappoint both of them. Ms. Thompson: No. Ms. -- Commissioner Sarnoff. You need a 5-5 vote. Chair Sanchez: Okay. Ms. Thompson: You need -- Chair Sanchez: Well, then I would take the opportunity to appoint the one that doesn't require a five fifth vote. Ms. Thompson: Donna Milo. Chair Sanchez: Okay. Commissioner Sarnoff. So move. Ms. Thompson: Can we do them --? Chair Sanchez: Yeah. Let's do them all together. Commissioner Sarnoff. And I'll appoint Alyn Charles Pruett. Chair Sanchez: Okay. Commissioner Regalado: My appointment, Janice Tarbert and Paul Mann. Ms. Thompson: Just one second, please. I'm sorry, Commissioner -- City of Miami Page 92 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Regalado: Janice Tarbert. Ms. Thompson: I'm sorry. Commissioner Regalado: Huh? Ms. Thompson: Commissioner Sarnoff, I'm sorry. I didn't hear your appointment. Commissioner Regalado: Oh. Commissioner Sarnoff. Alyn Charles Pruett, number two on your list. Chair Sanchez: Okay. Commissioner Regalado: You got mine? Ms. Thompson: I'm trying to -- what list are you looking for -- I'm sorry -- looking from? Commissioner Sarnoff. Number two on the list. Right after -- Ms. Thompson: Oh. Commissioner Sarnoff. -- Constance Gilbert, you'll see -- Ms. Thompson: Okay. I have him listed as Charles Pruett. I apologize. Commissioner Sarnoff. Right. I said Alyn Charles Pruett, right. Ms. Thompson: Yes, okay. And you said your other one was? Commissioner Sarnoff. Oh, I didn't say another one. 171 reserve for my next appointment. Ms. Thompson: Thank you. I apologize. Commissioner Sarnoff. It's okay. Ms. Thompson: I'm sorry. Commissioner Regalado. Commissioner Regalado: So now, Janice Tarbert -- Ms. Thompson: Okay. Commissioner Regalado: -- and Paul Mann. Ms. Thompson: Okay. Then that -- if Commissioner Spence -Jones is deferring hers, Chair Sanchez is deferring his second one, then we have all of the nominations there. So we just need the motion and second. Commissioner Regalado: Move it. Commissioner Sarnoff. Second. Chair Sanchez: Okay. The names that have been proffered, there's a motion and a second. All in favor, say "aye." City of Miami Page 93 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 BC.2 08-00906 Office of the City Clerk The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: Jorge Zamanillo (Architect/Architect Historian) Dr. James Broton (Citizen) Gary Appel (Real Estate Broker) David Freedman (Business/Finance/Law) Thorn Grafton (Architect) Enid Lorenzo (Citizen) 08-00906 memo 3-12-09.pdf 08-00906 members 3-12-09.pdf 08-00906 Applications.pdf NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff Commissioner Tomas Regalado Commissioner Tomas Regalado Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0119 Chair Sanchez: All right. Then we move on to BC.2, and that is -- yeah. I do apologize. There was some confusion on my side here. Okay, so that's the Historic and Environmental Preservation, the HEP (Historic and Environmental Preservation) Board. Okay. Vice Chair Spence -Jones: I'd like to appoint -- oh, I'm sorry. You want me to --? Chair Sanchez: No. Proffer names. Vice Chair Spence -Jones: Gary Appel. Chair Sanchez: Okay. City of Miami Page 94 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Priscilla A. Thompson (City Clerk): Okay. Chair Sanchez: Commissioner Sarnoff? Commissioner Sarnoff I would reappoint David Freedman. Chair Sanchez: Okay. Commissioner Regalado? Commissioner Regalado: Thorn Grafton and Enid Lorenzo. Chair Sanchez: All right. And my understanding is you have a resignation of Lourdes Solera? Ms. Thompson: Yes. Chair Sanchez: Okay. Ms. Thompson: That's been vacant for a while now. Chair Sanchez: Yes. Could I -- I'm going to proffer a name. Jorge Zamanillo. That's Z A-M-A-N I-L-L-O. I'm going to spell it again. Ms. Thompson: No, I have it. Chair Sanchez: You got it? Ms. Thompson: I have it. And is he going in then as your architect/architect historian? Chair Sanchez: Yes. Ms. Thompson: Thank you. Chair Sanchez: Does that --? Ms. Thompson: You have one more. Chair Sanchez: Well, I'll -- Ms. Thompson: Your -- Chair Sanchez: -- defer the other one. Who's my other appointment there? Ms. Thompson: Your current incumbent is Dr. James Broton. He's your citizen. Chair Sanchez: Okay. We'll reappoint him. Ms. Thompson: Thank you. Chair Sanchez: All right. Commissioner Sarnoff So move. Chair Sanchez: Need a second. Commissioner Regalado: Second. City of Miami Page 95 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: All right. The names that have been proffered by the Commissioners for appointment of the HEP Board -- yeah. Vice Chair Spence -Jones: I don't have any. Chair Sanchez: You don't have any? Okay. 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 that. BC.3 08-01177 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez 08-01177 memo 4-2-09.pdf CONTINUED Chair Sanchez: And now we go to BC.3. BC. 3, that is the -- Priscilla A. Thompson (City Clerk): This is the District 1 Housing Advisory Board. All of the appointments on there would belong to Commissioner Gonzalez, and he's -- Chair Sanchez: Yeah, so -- Ms. Thompson: --deferring all of those. Chair Sanchez: -- and he deferred all of them. BC.4 08-01261 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City of Miami Page 96 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Lewis Beilman III Chair Joe Sanchez Karen Cartwright Vice Chair Michelle Spence -Jones Shane Graber Commissioner Marc David Sarnoff 08-01261 memo 3-12-09.pdf 08-01261 members 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0120 Chair Sanchez: So we go to BC.4. BC.4 is the Nuisance Abatement Board. I would appoint Luis Beilman, B-E-I-L-M-A-N. Lewis Beilman. Priscilla A. Thompson (City Clerk): Okay. Chair Sanchez: Okay. All right. Or nominate. All right. We need names. Vice Chair Spence -Jones: I'd like to nominate Karen Cartwright. Madam City Clerk, does she have any issues? I'm sorry. Madam City Clerk, does she have any issue? Karen Cartwright. Ms. Thompson: No, she doesn't. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Commissioner Sarnoff, you have one appointment. Commissioner Sarnoff. Shane Graber. Chair Sanchez: All right. That takes care of the appointments on that end as to the Nuisance Abatement Board. Commissioner Sarnoff. So move. Chair Sanchez: There's a motion. Vice Chair Spence -Jones: Second. Chair Sanchez: Need a second. Motion and a second. Motion was made by Commissioner Sarnoff, second by Vice Chair Spence -Jones, as to the name proffered. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.5 08-01409 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 City of Miami Page 97 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 HEREIN. APPOINTEES: NOMINATED BY: Dean Lewis Commission -at -Large Yvonne Debesa Commission -at -Large James Angleton Commission -at -Large Larry Baum Commission -at -Large Kevin L. Deeb Commission -at -Large Ben Fernandez Commission -at -Large Stephen Johnson Commission -at -Large Bill Ramos Mayor Manuel Diaz Diana Gomez City Manager Pedro G. Hernandez Gregory Gay 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 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0121 A motion was made by Commissioner Regalado seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to appoint Dean Lewis, Yvonne Debesa, James Angleton, Larry Baum, Kevin L. Deeb, Ben Fernandez, Stephen Johnson, and Bill Ramos as members of the Housing and Commercial Loan Committee. 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 appoint Diana Gomez and Gregory Gay as members of the Housing and Commercial Loan Committee. Chair Sanchez: We go to BC. 5. That is the Housing and Commercial Loan Committee, correct? Priscilla A. Thompson (City Clerk): That's correct. Chair Sanchez: You have ten appointments, and they are Commission at -large. Ms. Thompson: We have a list that was circulated to you via memo -- City of Miami Page 98 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: Yes. Ms. Thompson: -- of individuals that the Committee recommended, andl also have a name proffered by the Mayor for his appointment. Chair Sanchez: All right. I would proffer Ben Fernandez, who's on the list. Ms. Thompson: He's on the list, that's correct. Chair Sanchez: Okay. And for now, that's the only name I would proffer. Anyone else? Ms. Thompson: Do -- ifI might ask, Chair -- Chair Sanchez: Go ahead. Commissioner Regalado: I'm sorry? Ms. Thompson: -- is it the Commission's intention to go through that list that were recommended or are you going to accept the list or are you --? Commissioner Regalado: Well, I thought that we accept the list. That's what we were told. That's what the briefing said. Chair Sanchez: Do we accept the list or do we go by each name and nominate each individual? Ms. Thompson: The Committee makes the recommendation to you. Chair Sanchez: So the Committee has made a recommendation of all those on that list? Ms. Thompson: Yes -- Chair Sanchez: Oh, okay. Ms. Thompson: -- including Ben Fernandez. Commissioner Regalado: Yeah. That's what -- Chair Sanchez: No. I -- Commissioner Regalado: -- I was told, that -- Chair Sanchez: But I -- Commissioner Regalado: -- the -- we accept the list. Chair Sanchez: Well, I was under the impression that it was -- those were the names that were nominated and we selected the names. It's fine with me. I don't know -- I haven't seen the entire list, so -- Ms. Thompson: Would you like for me to read the names? Chair Sanchez: Please read the names into the record. Ms. Thompson: Nominated by the Committee: Dean Lewis, Yvonne Debesa, James Angleton, City of Miami Page 99 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Larry Baum, Kevin L. Deeb, Ben Fernandez, Stephen Johnson, and the Mayor has proffered Bill Ramos. Chair Sanchez: All right. Commissioner Regalado: And the only comment that I have, Mr. Chairman, is that on that list, I think that only Ben Fernandez is a City ofMiami resident. Ms. Thompson: Yes. Chair Sanchez: That's why I appointed him. Commissioner Regalado: Well -- Chair Sanchez: That's why I appointed him. Commissioner Regalado: -- but I was told that we have to accept the list or reject the whole list. And my -- I noticed that this list only had one City ofMiami resident, who is Ben Fernandez. So you tell me. Chair Sanchez: All right. Commissioner Regalado: I don't know who picked those people. I don't know if CD (Community Development) did, Community Development, but 90 percent of the people on the list do not live in the City ofMiami. Maybe they work -- George Mensah: George Mensah, director of Department of Community Development. The requirements of the Housing Commercial Loan Committee was, apart from the three representatives that are the City Manager's list -- representatives and the Mayor's representative, those requirements come from the State. The only one that they said has to be a resident of the City ofMiami is only one spot that is available. So that's -- those are not our requirement; they are State requirements. Chair Sanchez: All right. So whether we accept the list or not accept the list? How do you want to handle it? I'm okay either way. Commissioner Regalado: I'll accept the list. Chair Sanchez: All right. Commissioner Regalado: I move -- Chair Sanchez: There's a motion and a second to accept the list that have been proffered. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. We move on. BC (Boards and Committees) -- Pedro G. Hernandez (City Manager): Mr. Chairman, I have two nominations at the bottom, two appointments. Chair Sanchez: You're too late. No. Go ahead and proffer the names. City ofMiami Page 100 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Hernandez: Diana Gomez, Finance director, and Gregory Gay, Planner. Chair Sanchez: All right. Let's make a motion. Commissioner Regalado: It was on the list anyway. It was on the list. I have the list. Chair Sanchez: Those names are on the list? Commissioner Regalado: Yeah. Chair Sanchez: Madam Clerk? Ms. Thompson: Not to my knowledge. Those are the ones proffered by the Manager. I didn't have any names on my list from him. Commissioner Sarnoff. I saw them on the list. Commissioner Regalado: I saw it on the list. Chair Sanchez: Does it really matter? We're not going to get into a half an hour discussion. I mean -- Commissioner Sarnoff. All right. So move. Commissioner Regalado: No, no. It's just that. Chair Sanchez: Just give me a motion to add those two -- Commissioner Sarnoff. So move. Chair Sanchez: -- names to the list. Commissioner Regalado: Second Chair Sanchez: Jesus. All right. There's a motion and a second to add those two names to the list. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. 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 4-2-09.pdf 08-01550 members 4-2-09.pdf City of Miami Page 101 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 CONTINUED Chair Sanchez: We move on. BC -- Priscilla A. Thompson (City Clerk): 6. Chair Sanchez: -- 6. Commissioner Regalado: Willie Bermello. Chair Sanchez: BC. 6 is the Urban Development Review Board. Commissioner Regalado: Willie Bermello. Chair Sanchez: Okay. Ms. Thompson: Commissioner Regalado, he would need two waivers; because of his attendance, he would need a four fifths, and to be reappointed because of his time -- Commissioner Regalado: A five -- Ms. Thompson: -- served, he needs a 5-5. Commissioner Regalado: Okay. Then we -- Chair Sanchez: All right. Commissioner Regalado: -- leave it for next -- Chair Sanchez: So we leave it for the next month. BC.7 09-00092 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pedro M. Villa Commissioner Marc David Sarnoff 09-00092 memo 3-12-09.pdf 09-00092 members 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0122 Chair Sanchez: BC.7. BC.7 is the Equal Opportunity Advisory Board. Commissioner Sarnoff. I have one. City of Miami Page 102 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: I would defer. Commissioner Sarnoff. Pedro Villa. Chair Sanchez: Okay. Name doesn't need any waivers of any kind? Priscilla A. Thompson (City Clerk): Is -- ifI might, Commissioner Sarnoff. Are you appointing him to your vacant seat? Commissioner Sarnoff. Yes. Ms. Thompson: Okay, Pedro -- Commissioner Sarnoff. Villa, V-I-L-L-A. Ms. Thompson: Thank you. Chair Sanchez: All right. Commissioner Regalado? Commissioner Regalado: No. I don't have any appointment here. Chair Sanchez: All right. All in -- there's a motion and a second. Motion is made by Commissioner Sarnoff, second by Commissioner Regalado for the appointment. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 09-00093 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Stanley Foodman Commissioner Marc David Sarnoff 09-00093 memo 3-12-09.pdf 09-00093 members 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0123 Chair Sanchez: And we move on to BC. 8. Priscilla A. Thompson (City Clerk): BC.8. Chair Sanchez: BC. 8 is the Audit Advisory Board. I have an appointment. I will defer at this City of Miami Page 103 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 time. Commissioner Sarnoff? Commissioner Sarnoff. Stanley Foodman. Chair Sanchez: Okay. All right. Commissioner Sarnoff. So moved. Chair Sanchez: Motion -- Commissioner Regalado: Second. Chair Sanchez: -- second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right? It's approved. BC.9 09-00208 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commission -at -Large Commission -at -Large (Alternate -at -Large) 09-00208 memo 4-2-09.pdf 09-00208 members 4-2-09.pdf CONTINUED Chair Sanchez: We go to BC -- Priscilla A. Thompson (City Clerk): 9. Chair Sanchez: -- 9. BC.9 -- Commissioner Regalado: I will proffer ChuckMcEwan. Commissioner Sarnoff. We don't have -- Chair Sanchez: We don't have -- Commissioner Regalado: Oh. Chair Sanchez: -- a fifth fifth [sic] vote. Commissioner Regalado: Okay. City of Miami Page 104 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: We got to wait. BC.10 09-00207 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00207 memo 4-2-09.pdf 09-00207 members 4-2-09.pdf CONTINUED Chair Sanchez: All right. Okay. We go to -- Priscilla A. Thompson (City Clerk): BC.10. NOMINATED BY: Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Chair Sanchez: -- BC.10. BC.10 are [sic] the Arts and Entertainment Council, and the appointments are from the Mayor's office. Ms. Thompson: And we do not have a memo for any proffering. BC.11 09-00206 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jacqueline Zelman Commissioner Marc David Sarnoff Marta L. Zayas Commissioner Tomas Regalado 09-00206 memo 3-12-09.pdf 09-00206 members 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0124 Chair Sanchez: All right. BC.11. BC.11 is the Community Technology Advisory Board. City of Miami Page 105 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. I'll nominate Jacqueline Zelman. Commissioner Regalado: I'll nominate Marta Laura Zayas. Chair Sanchez: Okay. Priscilla A. Thompson (City Clerk): I'm -- can you spell that last name for me? Commissioner Regalado: Z A-Y A-S. Ms. Thompson: Thank you. Commissioner Sarnoff. So move. Chair Sanchez: All right. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The name that were proffered have been appointed. BC.12 09-00205 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Bob Powers Commissioner Marc David Sarnoff Nathan Kurland Commission -at -Large Steve Alexander Commission -at -Large 09-00205 memo 3-12-09.pdf 09-00205 members 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0125 Chair Sanchez: We go to BC.11 [sic]. Priscilla A. Thompson (City Clerk): 12. Chair Sanchez: I'm sorry, 12. BC.12, Bayfront Park. Commissioner Sarnoff. I have an appointment of -- I'm going to reappoint Bob Powers, andl would recommend the appointment of Nathan Kurland at large. City of Miami Page 106 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: Who's there at large now? Ms. Thompson: Nathan Kurland Steve Alexander, and Elena Carpenter. Chair Sanchez: Okay. Commissioner Regalado: I will appoint Steve Alexander at large. Commissioner Sarnoff. The other would need a five fifths waiver. Ms. Thompson: That's correct. Chair Sanchez: Yeah. We don't have it. All right, so the -- both names that have been proffered don't require a waiver. Ms. Thompson: We have three; Bob Powers, Nathan Kurland, and Steve Alexander. Chair Sanchez: All right. Motion has been made by Commissioner Sarnoff, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.13 09-00203 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Maria Mascarenas Commissioner Marc David Sarnoff 09-00203 memo 3-12-09.pdf 09-00203 members 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0126 Chair Sanchez: BC.13. Commissioner Sarnoff. Maria Mascarenas. Chair Sanchez: Okay. Commissioner Sarnoff. Commissioner, you have two. Chair Sanchez: Commissioner Regalado, you have two. City of Miami Page 107 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Regalado: Okay. Chair Sanchez: Status of Women. Commissioner Regalado: I will defer those because -- Chair Sanchez: All right. Commissioner Regalado: -- I think we -- Commissioner Sarnoff. So move. Commissioner Regalado: -- need a five fifth. Chair Sanchez: Motion and a second. The motion has been made by Commissioner Sarnoff, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. And we're done with BC.13. BC.14 09-00204 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert Flanders Mayor Manuel Diaz Charisse Grant Mayor Manuel Diaz Carmen Matos Mayor Manuel Diaz Kay Apfel Mayor Manuel Diaz 09-00204 memo 3-12-09.pdf 09-00204 members 3-12-09.pdf 09-00204 Memo -Mayor's Appointment.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0127 Chair Sanchez: We go to BC.14. BC.14 is the Homeland Defense/Neighborhoodlmprovement Bond. City of Miami Page 108 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Priscilla A. Thompson (City Clerk): And I have a memo from the Mayor with the names that he's proffering. He is appointing Robert Flanders, Chrissy [sic] Grant, Carmen Matos, and Kay Apfel. Chair Sanchez: Okay. Commissioner Regalado: Move it. Chair Sanchez: All right. Commissioner Sarnoff. Second. Chair Sanchez: There's a motion and a second. Motion was made by Commissioner Regalado, second by Commissioner Sarnoff. No further discussion as to the names that have been proffered for nomination. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Those names have been accepted for BC.14. BC.15 09-00117 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Brett Berlin Commissioner Marc David Sarnoff 09-00117 memo 3-12-09.pdf 09-00117 members 3-12-09.pdf 09-00117 Applications 3-12-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0128 Chair Sanchez: All right. We go to Zoning Board for terms -- oh, the Zoning Board. Commissioner Sarnoff. I nominate Bret Berlin. Chair Sanchez: Okay, Commissioner Sarnoff, you have two, and Commissioner Regalado, you have two appointments. Commissioner Sarnoff. Defer my other. Commissioner Regalado: I would reappoint both members of district -- yeah, both. Priscilla A. Thompson (City Clerk): Okay, they both need 5-5 waivers -- City of Miami Page 109 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Chair Sanchez: Yeah. Ms. Thompson: -- because their term of service, so we'll have to defer those. Commissioner Regalado: Okay. Chair Sanchez: All right. So there's only one name that have been proffered and that's been -- Ms. Thompson: Correct. Chair Sanchez: -- by Commissioner Sarnoff. Okay. There's a second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.16 09-00212 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) FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Miroslave "Misha" Mladenovic DDA Board of Directors (term expiring 8/31/11) 09-00212 memo 3-12-09.pdf 09-00212 members 3-12-09.pdf 09-00212 Nomination.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0129 Note for the Record: Miami -Dade County Commissioner Bruno A. Barreiro was appointed as a member of the Downtown Development Authority (DDA); however, he was previously appointed to the DDA on February 12, 2009. Chair Sanchez: And we move on to BC.16. BC.16 is the DDA (Downtown Development Authority), andl need someone to proffer the name of Commissioner Bruno Barreiro. Commissioner Regalado: I move Bruno Barreiro's name. Chair Sanchez: Okay. He'll replace Commissioner Audrey Edmonson on the board. Motion has been made by -- Priscilla A. Thompson (City Clerk): Can you --? I'm sorry, Chair. Just one second. Our system City of Miami Page 110 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. There's also one more appointee from the DDA. Ms. Thompson: Okay. I don't want to hold you up. We have Granicus and we have our audio -- our video, so we'll keep going if you -- Chair Sanchez: You have back up? Ms. Thompson: Yes. Chair Sanchez: Okay. Ms. Thompson: Go ahead. I'm sorry. So you said Bruno Barreiro -- Chair Sanchez: So it's Commissioner -- Dade County Commissioner Bruno Barreiro, and one more appointment, which is -- Commissioner Regalado: Miroslave Mladenovic. Commissioner Sarnoff. Mladenovic. Commissioner Regalado: Mladenovic. Misha. Commissioner Sarnoff. Misha. Yeah, Misha. Commissioner Regalado: Misha. Chair Sanchez: All right. So that is the name -- it's Misha. You have the name? Ms. Thompson: Yes. Chair Sanchez: Do you have the name? Ms. Thompson: Yes. I have it printed. Chair Sanchez: All right. Maybe you could spell it into the record. Okay, and that is the DDA board of directors, okay. So those are the two names for the DDA. There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Andl believe that takes care of the board appointments. Ms. Thompson: Commissioners, thank you for making me decrease my list. I really appreciate that. Chair Sanchez: Okay. So therefore, that takes care of the boards' appointments. Any other item besides the blue pages that we missed that we may have to go back and take care of? No? Ms. Thompson: None that can see. Chair Sanchez: So that takes care of that. And what we'll do now is we'll go into the -- any discussion item? All right. Can we do something before we go to the blue pages? Can we take City of Miami Page 111 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 a maybe ten-minute recess? All right, so the City ofMiami Commission meeting stands in recess. Let's take 15 minutes. END OF BOARDS AND COMMITTEES City ofMiami Page 112 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 DISCUSSION ITEM DI.1 08-01381 DISCUSSION ITEM Office of the City DISCUSSION OF THE REQUEST OF RONALD J. COHEN, ESQUIRE, ON Attorney BEHALF OF SERGEANT WILLIAM SCAROLA, SEEKING REIMBURSEMENT IN THE CASE OF THE STATE OF FLORIDA VS. WILLIAM SCAROLA, III, CASE NO. 05-19807-MM10A. 08-01381 Cover Memo.pdf 08-01381 Letter.pdf WITHDRAWN Note for the Record: For minutes related to item DI.1, see the Order of the Day. END OF DISCUSSION ITEM City of Miami Page 113 Printed on 3/25/2009 City Commission Meeting Minutes March 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 09-00226 DISCUSSION ITEM DISCUSSION REGARDING TOURISM AND IT'S IMPACT ON "BED TAXES".? TOURISM IS CONSIDERED ONE OF SOUTH FLORIDA'S MOST IMPORTANT ECONOMIC ENGINES. WHAT IS THE ANTICIPATED RATE GROWTH? RATE OF GROWTH OVER 12 MONTHS? RATE OF GROWTH OVER 5 YEARS? RATE OF GROWTH OVER 40 YEARS? WHAT ARE THE PROJECTIONS FOR THE CONVENTION DEVELOPMENT TAX (CDT), THE TOURIST DEVELOPMENT TAX (TDT) AND THE PROFESSIONAL SPORTS FRANCHISE FACILITIES (PSFFT)? 09-00226 Email.pdf 09-00226-Submittal-Bed Taxes Document.pdf DISCUSSED Commissioner Regalado: (INAUDIBLE) discussion items, so we don't need a quorum. But we do need to have the meeting on the air. I think we do, so is that okay with you, Madam City Attorney? Julie O. Bru (City Attorney): You're operating in the Sunshine. You're not going to take any action. You're not going to vote or anything, so -- Commissioner Regalado: Right. It's just -- Ms. Bru: You're meeting in the Sunshine. Commissioner Regalado: Right. It's just that -- Commissioner Sarnoff has requested to discuss two items; one is related to the tourist taxes and several questions that he had. And he had a presentation. We have the City Manager, the City Attorney. And Commissioner Sarnoff, you have the floor. City of Miami Page 114 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. Thank you, Mr. Chair. What we have -- and I'd ask to put it on the screen, if we can -- are [sic] a discussion item regarding where do we find ourselves with what we colloquially call the "bed tax money." Bed tax money is considered probably one of South Florida's most important economic engines, and as you can hopefully see very shortly -- we have no signal. There we go. And as you could see, we have a significant decline in our tourist and bed tax money. Andl think it's worthwhile to look at some just easy assumptions that you can make that I've asked our chieffinancial officer to make. One of the assumptions) asked him to make was an 8 percent decline, followed by a 6 percent decline, followed by a 4 percent decline, then to a zero, and then to a 2 percent decline -- 2 percent increase thereafter. Andl wanted to show what I describe on the screen here as the 2 percent increase, but first demonstrating a 10 percent decline in 2009. What we already know is, based on the Miami Herald, as well as testimony from the Greater Miami Chamber [sic] of Visitors Bureau, we presently have about a 22 percent decline. So the numbers I start out with are already 10 to 12 percent off. But as you can see, you'll make up for that 10 percent decline in the following year at 16 percent. You can see on this what people call a waterfall or an algorithm, as I call it, the amount of red ink you start to create with just doing a straight line amortization. And if you'll see, this is a straight-line amortization. That is not using what's called CAB (Cyclic Adaptive Beamforming), which, for most of us, that simply means let's not make any payments, whatsoever, and we'll just pay the interest and the principle all at the very end. I don't account for that because that's probably not a very wise way of doing governmental work because what you're asking to do is incur the debt now and have your grandchildren pay it off later. So this is a straight-line amortization on what appears to be the decline and then inevitable regrowth of tourist development dollars. And as I said before, the December's loss shows that the hotel market deteriorated even after the arrival of the prime vacation season. And as everyone will recall, we had the boat show very recently. We had the arts festival, and we had hotel space available. Two things should be brought to mind. Many hotels are discounting their numbers. What that means is you may be able to keep your occupancy up to a certain rate, but your decline in the amount of -- that you're paying for that bed -- for all of you that are probably my age and older will remember $100-a-night stay in the City ofMiami, and in the past 15 years, it's probably gone from 100 -- some places get as much as 350 and some even more than that. To maintain an occupancy rate, what the hotels are doing is they're dropping their rates you pay per night for the bed, and that inevitably declines your hotel taxes. And if you look at this waterfall -- that Larry Spring likes to call it, or I like to call it an algorithm -- you'll see this one shows a 10 percent decline, which, again, would be 12 percent less than the projection presently now, an 8 percent fall next year, followed by a 2 percent decline, a zero, and then increases thereafter of 2 percent and then 4 percent there -- years thereafter. Once again, you'll see the amount of red ink that's -- that is accrued because we're trying to maintain a reasonably straight-line amortization, as opposed to a CAB, which is the utilization of paying only interest at the very end along with your principle so that you can essentially incur the debt now and pay later. Some people might have called this subprime mortgaging, but apparently, there is some governments that do this. And as you could see, we don't have much to go on in terms of a decline of this nature. If you go to the very end -- I'm going to ask you to go to the very end -- we don't have much to show a decline of this nature, other than people like to look back at the 2001 attack in New York. Some people like to go back to 19 -- I think it was '84 -- and that was when the City ofMiami had a number of attacks on German and British tourists. But we heal very quickly from those, and the reason you heal very quickly is, certainly, in 2001, you understand that the rest of the world sort of came to our aid and many people from South America and Europe came to visit the United States, and we were able to rebound very quickly. But this is a worldwide recession, and everyone in the world is feeling the pinch and the difficulty of being able to travel for pleasure. Couple that with the fact that you have many, many banks who are taking bailout money that were having conventions that are now canceling their conventions because it's just bad press for them to be taking the TARP (Troubled Assets Relief Program) money and to then take -- then have a convention; that just is not something that they want to do. So in a very inverse kind of way, it's actually harming our convention tourist dollars. And as you can see, this is the present decline of the 2009 bed tax City ofMiami Page 115 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 D2.2 09-00227 revenue. Andl don't mean to bring this discussion anywhere beyond where it is right now. I just want everybody to take a cold, sober look at where bed tax revenues are, and nobody has a crystal ball, as Larry would tell me, to tell me where they will be next year. However, this is the direction it's heading, and there has been no change thatl know of other than there was a projection of 10 to 12 percent in January of revenues coming off and in February, that projection -- I mean, scratch that. The January numbers showed a 22 percent reduction, and the December numbers showed a 10 percent reduction. So it appears to be accelerating, and anyone's guess as to when we bottom and then start turning the corner. So I just wanted to give everybody a cold, sobering look at what is presently out there. I will concede, for anyone's sake of discussion, we don't know what '09 -- '010 [sic] will bring, and we don't know what '011 [sic] will bring. I would just caution everybody that -- I suspect most people in their homes will not be making very large spending decisions until their own personal finances are stabilized. I just caution government to use that same common sense. Thank you, Mr. Chair. Commissioner Regalado: Thank you very much, Commissioner. Andl think that it's important that the people understand in numbers what is the reality, and do agree with you that 9/11 was an event that paralyzed the United States, but it did not paralyze the world, and that the '84 killings of two German tourists was a very bad press in Europe, but at the same time, the City of Miami, I remember, dispatched ambassadors to every country, and the Tourism Bureau did their work, and it was -- that wound was healed. But as you said, I have to deal in news every day. Andl will tell you, especially because we get on one program thatl do the feeds from Spain. There is a -- Spain is going through the biggest recession ever. There are four million people unemployed in Spain. And not only that, the banks do not want to lend. The European Union Bank is trying to lend because, you know, Germany is in a recession and Belgium and other countries are. Andl think that this is a global issue. Even the Chinese have problems now. So we just need to hope -- to hold on for a while. Because -- and try to get the, you know -- as much stimulus money that we can get so we can just maintain the service economy that we have. But I'm really concerned about the future, especially the future in the next two or three years. So thank you. Commissioner Sarnoff. Thank you. Commissioner Regalado: Thank you. DISCUSSION ITEM DISCUSSION REGARDING CITY OF MIAMI OWNED WATER TRUCKS. HOW MANY WATER TRUCKS ARE IN THE CITY FLEET? WHAT IS THE OPERATIONAL CAPABILITY? HOW OFTEN ARE THE TRUCKS USED TO WATER CITY LANDSCAPING? IS THERE A SCHEDULE? 09-00227 Email.pdf 09-00227-Submittal-Memo-City Manager.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to provide a report in 60 days on the City's plan to counterbalance drought periods in the City ofMiami. Commissioner Regalado: Do you have another issue? Commissioner Sarnoff. I do. The second issue is a discussion, Mr. Manager, regarding the use of City ofMiami water trucks. Andl do have a memorandum that you sent to me, but it doesn't quite explain the situation that I wanted to bring to bear, and that is what is the schedule of these City ofMiami Page 116 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 trucks, how do we use them; do we have an adequate number, and then I specifically asked you to address 69th Street and the median. To this day, I still don't know the outcome of 69th Street and the median. And what I'm going to have you do is just take a look at some photographs that we took yesterday from 69th Street and the median. And the reason I'm bringing this up is -- and I don't know if this is accurate, Mr. Manager, because we have not been able to find the report, butt remember attending a meeting early on being in the City ofMiami where I was told, I thought, from a County person, that 7 in 10 of our trees don't make -- that are planted in swales don't make it seven years. Andl have not been able to generate that particular report. But my point is many of the trees that we put in simply are not being watered and are not being -- Am I going to be able to get my photographs up there? No? Michelle Rodriguez (Special Aide, Commissioner Sarnoff - District 2): He has to put it up from the control room. Commissioner Sarnoff. Oh. Has he taken it away from you, the control? Ms. Rodriguez: It's up here, but he needs to put it up through there. Commissioner Sarnoff. Okay. Well, my -- let me let you answer the question, Mr. Manager. How do we use? Where do we keep them? What's our schedule? What do we do with all these water trucks? Do we need more of them? Do we need to fix them? Do we --? What's up with them? Pedro G. Hernandez (City Manager): Commissioner, we have three water trucks; one in Public Works, one in Parks, and one at Solid Waste, and they are not specifically geared towards doing routine watering of all of our assets. And as I say that, I would like to be able to get to the point where we do have routine watering and also fertilizing, which we don't. What we have and what we provide with these three trucks is watering on a case -by -case basis when we have fresh plantings that we're trying to establish, when there's a special event, issues like that. Parks use it to irrigate their flooded fields, plants, trees, in parks. Solid Waste uses theirs for basically washing streets. Parks, I understand, they do have a scheduling for the work that they do. Public Works is on an as -needed basis. But none of it is geared towards a specific program for the routine scheduled maintenance of plant material, which I think that, besides irrigation or watering, it should also be fertilizing. There are some specimens -- even though we talk -- you know, in the memo, we talk about (UNINTET,TIGIBT,F) and using drought -resistant material. There are some plants, like royal palms, for example, that benefit from a lot of water. They do appreciate it. Andl think that as we go in the direction of adding more canopy to the City -- because that's something that what we want to do. We have a low percentage of canopy in the City and we want to improve -- as we look forward to invest more in trees, personally, I think that we also have to invest more in the maintenance and protection of those plantings. Commissioner Sarnoff. Let me show you, ifI can -- this is something we just planted, I think, within the past six months at 69th Street. Could you go through those photographs? This is our planting. And if I'm correct, Mr. Manager, all of these trees that you're going to see are dead and have been -- are part of -- a certified arborist from the County went over there from Vizcaya. And -- you know, I -- first off you can see some of the trees are pretty badly damaged. I don't know how we accepted them. Some of them have severe curves in them, and they're not being watered. They're not -- and nothing is being done. So I immediately -- and I've been through this process, having been the City District Commissioner for, you know, Biscayne Boulevard. And FDOT (Florida Department of Transportation) has a huge tree planting project. I know you've been very privy to it. You've been very helpful, but the huge tree -planting project up there -- not our fault -- we're on our third planting of trees. We're on the third set of trees for Biscayne Boulevard simply because it's cheaper for these guys not to water and just simply let the tree die. Hope for the best, you know, in the event it doesn't die. The -- 18 months go by, or whatever that contractual period is, and nobody waters them. Andl -- you know, I think -- and correct me if City ofMiami Page 117 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 I'm wrong -- we have a significant amount in our tree trust fund that I'd like to see us go out and buy a second truck for use just on our swale projects, simply on City ofMiami streets. We did a planting project, if I'm not mistaken, on -- between you andl, on Douglas, ifI recall correctly. Great trees planted. The best trees I've ever seen the City ofMiami planted. They're kind of stunted. Do you know why they're stunted? Because nobody is watering them. We tried to get the residents to water them. And it seems like it's a heavy rental neighborhood and they have no interest in watering the trees. But you have specimen trees out there, and they're not getting watered. I think we're in one of those historic droughts again, although it seems to me every year we're in a historic drought. And I just question whether either you have the adequate number of watering trucks or want to have the adequate number of watering trucks simply for the amount of Swale projects that we are planting. Because if we're 55 out of 55 cities in our tree canopy and your model is to fix that, whatever we plant needs to be sustained. And I'm asking you to do all you need to do to sustain the planting. Andl think your tree trust fund is well funded. You may want to consider a very viable schedule, a very rugged schedule. You should be coming to us and saying, Commissioner, the gas is killing me because we're using that truck every day -- or trucks -- plural -- every day. Whether you think you need to pull a truck out of Solid Waste or you think you need to do whatever you need to do, I'm asking that a number of the trees that you've planted simply need to be taken care of. And the second issue -- and I'll let you speak, andl apologize for taking so long -- is the Northeast 69th Street median. I don't have an answer for that. Mr. Hernandez: No. I'll have Ola address 69th Street. But before we get there, Commissioner, I'm of the same belief as you are. If you ask staff I tell them -- and as recently probably as this last week -- I want large specimens. I just don't want the twigs. I want trees that we can be proud of that once you establish them, they're going to have a nice look and they will make an impact in the community. Andl believe that trees are an asset, and we have to protect the assets. Otherwise, we're just wasting money away. The issue with 69th Street, Biscayne, obviously our contractors are electing to sort of wait 'til the end to see if they get lucky and they get established before they replace. But I think that if that's the case, we need to take a different approach because it's wasteful, even for them, to abandon a tree trying to see if it survives, and then if it doesn't, they bring another one in. That's wasteful to nature. Ola Aluko (Director, Capital Improvements Program): That is correct, Mr. Manager. The trees on 69th Street, unfortunately, as you had mentioned, roughly 25 to maybe 30 of those trees have died. The phenomenon about that, though, is that you may see one tree dead, but right next to it, another tree is very well established. So the premise in which we use to the contractor is that it's very likely that one or two things have occurred; either it was installed improperly or the tree is diseased or the material underneath that tree in that particular location is not suitable material. We do have issues with the contractor. However, we are leveraging the contracts on the contractor, and what mean by leveraging the contract is we are enforcing the contract that he must replace dead trees within the one-year warranty period. And once he replaces those trees, the warranty period starts all over again until the trees are established. Once the trees are established, then the warranty -- well, actually, once the trees are established, then the City takes over the maintenance of the trees. So that's what we are in with the contractor. We shall waste no longer -- no more time any longer. We will enforce the contract on the contractor, and we do expect those trees to be replaced at no additional cost to the City. Commissioner Sarnoff Well, let me ask you something about your contractor. I mean, in the event that contractor is bankrupt or unable to perform, do you have some sort of a bond? Mr. Aluko: Yes. We do require a bond on all of our contracts. That's why (UNINTELLIGIBLE) a couple of months ago when we were trying to reduce the bonds on our contracts. We do require a bond. The only problem with the bond is we have to go through a process. We have to default the con -- well, we default the contractor, then we notnj, the bonding company. The bonding company investigates. There's a challenging period. Then finally the bonding company City ofMiami Page 118 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 is responsible for getting another contractor to complete the job. Unfortunately, this process can take anywhere between six months to a year. We try to avoid that. One thing we do mention to most contractors -- and this is an anomaly. Most of our contractors do replace these trees. We've planted over 3,500 trees in the last two years. And whenever we do have this occurrence, the contractors do replace the trees. So what we do is we tell the contractor, you're not performing. Contractors who do not perform with the City ofMiami do not get additional work with the City ofMiami. Most of the time, they buckle up and they comply with our requests, or in some -- in this case, they will comply with our demand. So, please bear with us. We will ensure that these trees are replaced -- not just replaced, but replaced at no additional cost to the City. Going back to the "twigs" that you've always expressed concern. In our current specifications, we do have smaller diameter trees specified. We are revising our specs. We will have to pay a little bit more money, but you pay for what you get. We do want bigger diameter trees. In cases where the root ball is bigger or is -- will disturb the underground utilities, we'll have no choice but to install smaller trees. But cases where we can have bigger diameter trees, we will install those so that we can get the fullness of a tree once it's installed. Commissioner Sarnoff. Do you anticipate a resolution within 60 days for 69th Street? Mr. Aluko: Oh, most definitely. I anticipate a resolution, hopefully, within the next two weeks, and when I say a resolution, meaning that we will have an agreement. Then from that point on, the replacement of the trees will commence. Commissioner Sarnoff. Okay. And then, Mr. Manager, I don't know what you intend on doing, but let's just put 69th Street aside for right now. I mean, what do you intend on doing to make us -- how are you going to get us through drought periods? That's my question. How are you going to get us through drought periods? In other words, when we have a period of drought, wherever we are in our planting, wherever we find ourselves in our re -canopying of the City of Miami, whether it's six months into one project or whatever, how do you intend on getting us through the droughts? Mr. Hernandez: Commissioner, the need, of course, would be on all new material that we're planting and we're trying to establish, trees that are established then to survive those periods. So we either ensure through the contractor that's providing the material that they will do watering, not just the replacement warranty, but that they will water as part of their installation process, or -- I was just talking to Stephanie about it -- I want to be more aggressive in watering because it's an investment, it's an asset, and we have to protect it. I'm a firm believer that that's just like having a street, a sidewalk, a community center. Those -- they have a value, and we have to protect it. So if need be, we'll get another truck and be more aggressive on the ones that we're responsible for to ensure proper establishment. And I'm also look -- going to be looking in a way of maybe seeing what we can do about doing at least one fertilizing round a year because I think that's important. Commissioner Sarnoff. Would you report back to me in 60 days? Mr. Hernandez: Yes. No, no, without question. Commissioner Sarnoff. And I'm just curious. Mr. Hernandez: Because the issue -- I was just telling Stephanie that -- I've been pressing on Stephanie andRuano and others that want to have a very intense planting as we go into the rainy season and take advantage of the rainy season to use the bulk of our trust money and do a lot of planting. Well, if we do that, we're going to place a certain pressure on us -- Commissioner Sarnoff. Right. City ofMiami Page 119 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Mr. Hernandez: -- to be able to ensure that they survive. And if we get them all done by, let's say, September, you still have rain, but once you get into November, then we have to face the dry season and the trees may not be established. So we have to work that out because I want to protect them. Commissioner Sarnoff. Thank you. Mr. Hernandez: And this major mission that we want to accomplish has to be sound. It needs to have the watering. Commissioner Regalado: Okay. One question, Mr. Manager, or maybe Stephanie, or maybe -- I don't know. Do you know that District 4 bought a water truck, right? Mr. Hernandez: Yes, sir. Commissioner Regalado: Okay. Mr. Hernandez: As a matter of fact -- Commissioner Regalado: We don't know whether it is -- I think it's -- if it's in -- with Stephanie, it's with good hands. I know that. But -- Mr. Hernandez: Yes. Commissioner Regalado: -- the issue is that when the voters approve a -- the bond issue in 2001 and the City Manager, Carlos Gimenez, at that time said, well, you know, you guys are going to be deciding what do you want to do with the first allocation of the $5 million -- Mr. Hernandez: Quality of life. Commissioner Regalado: -- quality of life. I said the first thing we need to buy a truck for District 4 because we need to water the parks and Coral Way and all the medians that were dying. But after that, I think that the truck was being used in other districts, as well. And l just think that even though we have the contractor doing Coral Way median, we need to be a little more aggressive watering the Coral Way median and also the traffic circles in different areas because traffic circles are dying, too, not because of the drivers, but because of the drought. And the dry season won't end, according to experts, until late May probably. We may get some - Mr. Hernandez: Memorial Day weekend. Commissioner Regalado: No -- right. And that's the way -- So I'm just saying maybe we can use occasionally to water traffic circles and the Coral Way. Even if we do it once a month, at least it would keep the area safe until we have the seasons. So I know that Stephanie uses that truck a lot. I know because I remember I used to get e-mails (electric), could we use the truck in Liberty City, in Model City, and we always said, yeah, yeah, yeah. But if we have three trucks, I don't know why we don't have a schedule. Mr. Hernandez: Well, I know the only one right now that has the schedule, I believe, is the one that Parks uses. However, the one that Solid Waste is using, which is not used for irrigation purposes, I think that in a period like this, in a drought period, that we can switch their assignments. And rather than be using for washing down streets, we can use them for irrigation. Commissioner Regalado: Commissioner Sarnoff, you're done? City of Miami Page 120 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 Commissioner Sarnoff. No. I just -- I hope -- I think Commissioner Regalado is correct. I just don't see this ending for a short -- for quite a while. And if you are just watching the news, they were warning us about two weeks ago how dry the soil conditions were. And if you watched the news last week and this week, you're beginning to see the fires. I actually think we're at that critical stage where if something has not taken substantially, it's at risk of being lost now. And you know, I kind of applaud the City on its planting efforts, but I don't applaud it at all on its maintenance efforts. Because we -- it's just our MO (modus operandi). We can build anything. We can plant anything. But three years later, we can build anything, we can plant anything. But three years later, we can build anything and we can plant anything. We have no regard for maintenance. Mr. Hernandez: Commissioner, you're right in the sense that normally we're very aggressive in getting things done and the maintenance lags behind. However, I'm committed to the investment because that's the way I see it; it's an investment. And I'll be working with Stephanie in devising a way that we can do a better job. Commissioner Sarnoff. Hit looks anything like your backyard, we'll hit a home run. Mr. Hernandez: Thankyou. Commissioner Regalado: Well, thank you very much, Commissioner. Thank you, Mr. Manager, Stephanie. Mr. Hernandez: Thankyou, Commissioner. Commissioner Regalado: I guess we'll see everybody next Thursday, 9 a.m. Are we going to change the date or --? Commissioner Sarnoff. Is it Thursday or Friday? Commissioner Regalado: Thursday. Commissioner Sarnoff. Thursday. Commissioner Regalado: Thursday. Commissioner Sarnoff. Okay. Commissioner Regalado: No more changes. Unidentified Speaker: No mks. Commissioner Regalado: Okay. No mas. Commissioner Sarnoff. Thank you. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 City of Miami Page 121 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 City of Miami Page 122 Printed on 3/25/2009 City Commission Meeting Minutes March 12, 2009 NON -AGENDA ITEMS NA.1 09-00309 DISCUSSION ITEM DISCUSSION EXPRESSING CONDOLENCES TO THE FAMILY AND FRIENDS OF FORMER CITY EMPLOYEE DENA SPILLMAN BIANCHINO. DISCUSSED Chair Sanchez: All right. Before we move on, I don't believe we -- I believe we're done with the protocol items. I do want to take something out of order that I think is appropriate and just. We lost a City employee who passed away, and she was the first female department head for Community Development. As you are aware, Dena Spillman Bianchino passed away. And those of you who had an opportunity to work with her, as I did, could tell you that she was a devoted employee of the City ofMiami, and those are people that have made this City a truly -- a magical city. And I'd like to take this opportunity on behalf of all my colleagues and all of us who work here at the City to send our condolences to her family, as she passed away at a young age of 62 years old. So at this time, our condolences goes [sic] out to her family and friends as she may rest in peace. City ofMiami Page 123 Printed on 3/25/2009