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HomeMy WebLinkAboutCC 2009-04-02 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 2, 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 April 2, 2009 PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 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 2nd day ofApril 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: 40 a.m. and adjourned at 12: 59 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9: 49 a.m. ALSO PRESENT: Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk Pamela E. Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. The City ofMiami Commission meeting is being called to order. Welcome to our meeting, properly advertised for April 2, 209 [sic], here at our historic chambers. The meeting -- those present, we have Vice Chair Michelle Spence -Jones, Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner David -- Marc David Sarnoff, and myself Joe Sanchez, as your Chair. Also on the dais, we do have our City Manager, Pete Hernandez, as well as our City Attorney, Julie O. Bru, and our City Clerk, Priscilla Thompson. The meeting will be opened with a prayer by our City Clerk, andl will do the pledge of allegiance, and then we'll proceed with the presentations and proclamations. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00381 PRESENTATION Honoree Presenter Protocol Item Water Conservation Month in the City of Miami Mayor Diaz Proclamation South Florida Water Management District PRESENTED 1. Mayor Diaz presented a Proclamation proclaiming the month ofApril as Water Conservation Month in the City of Miami and joined the South Florida Water Management District in hailing the important work of a strong State partnership to save Florida's precious water resources. Chair Sanchez: We'll continue with the order of the day, which was the agenda. We'll go to the presentations and proclamation. At this time, I want to recognize the Mayor, Manny Diaz, to present a protocol item, proclamation, to Water Conservation Month in the City ofMiami to South Florida Water Management District. Mr. Mayor, you're recognized for the record. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. Presentation made. Chair Sanchez: All right. That concludes the presentation and proclamation items. City ofMiami Page 3 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: For the record, the Chair has received a letter there are no mayoral vetoes, Madam Clerk, stated for the record. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: END OF APPROVING MINUTES ORDER OF THE DAY Chair Sanchez: We need a motion to approve the following -- Priscilla A. Thompson (City Clerk): No. Chair Sanchez: There's no minutes -- Ms. Thompson: There're no minutes. Chair Sanchez: -- to approve, right. Ms. Thompson: Right. Chair Sanchez: Okay. I thought we did, but we don't. All right. Before we go to the consent agenda, we will now begin the regular meeting. Madam City Attorney, could you state the procedures to be followed during the meetings [sic], please? Julie O. Bru (City Attorney): Good morning, Mr. Chairman, members of the Commission, Madam Clerk, and Mr. Manager. Any person who is a lobbyist must register with the City Clerk before appearing before the Commission. A copy of the Code section regulating lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at wwwmiamigov. com [sic]. Also, you should know that 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 allowed. Please silence those now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk. And procedurally, the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, and the meeting will end 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: All right. Once again, want to thank you, Madam Attorney. I want to welcome each and every one of you to our Commission meeting. CONSENT AGENDA CA.1 09-00280 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE Purchasing CONTRACT FOR THE PURCHASE, INSTALLATION, SERVICE AND REPAIR OF OVERHEAD AND ROLL -UP DOORS AND GRILLS, FROM DOOR SYSTEM OF SOUTH FLORIDA, INC., PURSUANT TO THE CITY OF DEERFIELD BEACH, AS THE LEAD AGENCY FOR THE SOUTHEAST FLORIDA GOVERNMENTAL COOPERATIVE GROUP, BID NO. City of Miami Page 4 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 2006-07/23, EFFECTIVE THROUGH MARCH 31, 2011, WITH THE REMAINING OPTION TO EXTEND FOR ONE (1) ADDITIONAL TWO (2) YEAR PERIOD, SUBJECT TO ANY FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE CITY OF DEERFIELD BEACH, AS THE LEAD AGENCY ON BEHALF OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00280 Legislation.pdf 09-00280 Summary Form.pdf 09-00280 Memo.pdf 09-00280 Letter.pdf 09-00280 Renewal Agreeement.pdf 09-00280 Letter 2.pdf 09-00280 Pre Legislation.pdf 09-00280 Agreement.pdf 09-00280 Letter 3.pdf 09-00280 Memo 2.pdf 09-00280 Action Request.pdf 09-00280 Pre Legislation 2.pdf 09-00280 Letter 4.pdf 09-00280 W-9.pdf 09-00280 Fax Sheet.pdf 09-00280 Meeting Results.pdf 09-00280 Bid 1.pdf 09-00280 Bid 2.pdf 09-00280 ITB.pdf 09-00280 I nsurance. pdf 09-00280 License.pdf 09-00280 Price List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0164 CA.2 09-00281 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE OF AMMUNITION AND OFFICERS' EQUIPMENT, FROM VARIOUS VENDORS, ON AN AS -NEEDED CONTRACTUAL BASIS, UTILIZING STATE OF FLORIDA CONTRACT NO. 680-050-09-1, EFFECTIVE UNTIL SEPTEMBER 29, 2009, SUBJECT TO FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. City of Miami Page 5 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 09-00281 Legislation.pdf 09-00281 Summary Form.pdf 09-00281 Contract 1.pdf 09-00281 Contract 2.pdf 09-00281 Contract 3.pdf 09-00281 Contract 4.pdf 09-00281 Contract 5.pdf 09-00281 Cerification of Contract.pdf 09-00281-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0165 CA.3 09-00282 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, PURSUANT TO CHAPTER 18, SECTION 18-86 (3)(D), WITH PRINTRAK, A MOTOROLA COMPANY, FOR THE AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM AND OMNITRAK SYSTEMS, FOR THE DEPARTMENT OF POLICE, FOR A THREE (3) YEAR PERIOD, COMMENCING MAY 16, 2009 THROUGH MAY 31, 2012, IN AN AMOUNT NOT TO EXCEED $25,825, FOR THE FIRST YEAR, $26,034, FOR THE SECOND YEAR AND $27,342, FOR THE THIRD YEAR, FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $79,201; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 09-00282 Legislation.pdf 09-00282 Exhibit 1.pdf 09-00282 Exhibit A.pdf 09-00282 Summary Form.pdf 09-00282 Pre Legislation 1.pdf 09-00282 Pre Legislation 2.pdf 09-00282 Text File Report.pdf 09-00282 Pre Legislation 3.pdf 09-00282-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0166 CA.4 09-00283 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE City of Miami Page 6 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 09-00283 Legislation.pdf 09-00283 Summary Form.pdf 09-00283 Affidavit.pdf 09-00283-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0167 CA.5 09-00175 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), RESCINDING THE ACCEPTANCE FOR HIGHWAY PURPOSES OF A PORTION OF A DEED OF DEDICATION, AS DESCRIBED AND DEPICTED IN "ATTACHMENT1," ATTACHED AND INCORPORATED, ACCEPTED PURSUANT TO RESOLUTION NO. 87-1003, ADOPTED NOVEMBER 19, 1987, FOR THE PROPERTY LOCATED AT 1971 NORTHWEST 7 AVENUE, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO ACCEPT THE WARRANTY DEED FOR THE LAND, AS DESCRIBED AND DEPICTED IN "ATTACHMENT 2," ATTACHED AND INCORPORATED. 09-00175 Legislation.pdf 09-00175 Exhibit 1.pdf 09-00175 Exhibit 2.pdf 09-00175 Exhibit 3.pdf 09-00175 Exhibit 4.pdf 09-00175 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0168 Adopted the Consent Agenda Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: Do any of the Commissioners wish any of the consent agenda items to be pulled for discussion? Mr. City Manager, do you have any consent items you want to pull for discussion, you want continued? Pedro G. Hernandez (City Manager): Not at this time. Although, I understand that there is a City of Miami Page 7 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 representative from Clear Channel here in the chambers that has told me that he would like to ask for a deferral on RE.5. Chair Sanchez: All right, but we'll get to those. Let's handle the consent agenda first. Any of the consent agendas [sic] want to be pulled for discussion? If not, need a motion to approve the consent agenda. Vice Chair Spence -Jones: So move. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by Vice Chair Spence -Jones, second by Commissioner Gonzalez. Discussion. Hearing no discussion on the consent agenda, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of the consent agendas [sic]. City of Miami Page 8 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 PH.1 09-00180 RESOLUTION Department of Public Facilities PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DECLARING SURPLUS AND APPROVING THE SALE OF A CITY OF MIAMI OWNED STRIP OF LAND LOCATED ON THE NORTH SIDE OF NORTHWEST 19 TERRACE AND 7TH AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, TO 7TH AVE MARKET LLC, A FLORIDA LIMITED LIABILITY COMPANY ("PURCHASER"); ESTABLISHING FIFTEEN THOUSAND DOLLARS ($15,000) AS THE AMOUNT TO BE PAID TO THE CITY OF MIAMI BY THE PURCHASER; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PURCHASE AND SALE, IN SUBSTANTIALLY THE FORM ATTACHED, AND TO EXECUTE SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO CONSUMMATE SUCH TRANSACTION IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTERESTS OF THE CITY. 09-00180 Legislation.pdf 09-00180 Exhibit 1.pdf 09-00180 Exhibit 2.pdf 09-00180 Summary Form.pdf 09-00180 Memo.pdf 09-00180 Public Hearing.pdf 09-00180-Submittal-Dr. Mae Christian.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0169 Chair Sanchez: We do have a couple of items that are properly advertised for 10: 30. We'll get to those at the appropriate time. Let's go ahead and go to SR.1. Let's -- I'm sorry. Let's go ahead and go to the public hearings. We'll get those out of the way. All right, let's take up PH.1. PH.1 is a public hearing. All right. You're recognized for the record. Madeline Valdes (Acting Director): Good morning. Madeline Valdes, Department of Public Facilities. PH.1 is a resolution declaring surplus a City property located on Northwest 19th Terrace and 7th Avenue; sale of the property to 7th Avenue Market LLC, a Florida Limited Liability Company, for $15, 000. And this item further authorizes the City Manager to sign a purchase and sale agreement for the same transaction. Chair Sanchez: All right. Need a motion. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. City of Miami Page 9 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: -- by the Vice Chair, second by Commissioner Gonzalez. 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. Lucia Dougherty: Good morning, Mr. Chairman. Chair Sanchez: Public hearing is open at this time. You're recognized for the record. State your name and address. Ms. Dougherty: Good morning, Mr. Chairman, members of the -- Chair Sanchez: Morning. Ms. Dougherty: -- Commission. Lucia Dougherty, with offices at 1221 Brickell Avenue, here today on behalf of the University ofMiami, as well as I'm here with Maria Gralia, from the University ofMiami general counsel's office. And we're here to support this item. It is a remnant portion of a 500-square-foot strip along a remnant street that will be vacated in the future, but this is a process that we have to go through prior to the street closure. It is part of the bioscience research facility and proton facility that will be going in, and it's necessary for that purpose. We can answer any questions if you have them. Commissioner Gonzalez: That was going to be my comment, that it should have been included in the resolution -- Mr. Manager, it should have been included in the resolution that this had to do with the University ofMiami project on 7th Avenue, you know. So, you know, I -- it's not anywhere in the resolution. Pedro G. Hernandez (City Manager): Right. Commissioner Gonzalez: But now it's on the record. Mr. Hernandez: I think that I tried to clam during the briefings that actually CA.5 was tied to PH.1. Ms. Valdes: It's CA (Consent Agenda) -- Mr. Hernandez: Right, and that I think 7th Avenue Market T,T C is basically acquiring on behalf of the University ofMiami. Ms. Dougherty: That's correct. Vice Chair Spence -Jones: And just so that I'm clear, there's actually -- there's nothing on this -- this is all the vacant land that's attached there now? 'Cause I see -- Ms. Dougherty: That's right. Vice Chair Spence -Jones: -- Dr. Christian behind you, so -- Ms. Valdes: Yes, it is. Ms. Dougherty: And just for the record, the City ofMiami made us pay market rate for this property, the same as we've paid for full lots adjoining this site, and this is just a remnant strip of 500 feet. Ms. Valdes: We established comps in the area, and based on those comps, we established price, City ofMiami Page 10 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 which was fair market value, as required by the Code. Chair Sanchez: All right. Anyone else from the public wishing to address this item? Vice Chair Spence -Jones: I believe Dr. Christian wants to -- Chair Sanchez: Yes, ma'am. Next. Good morning. Mae Christian: (UNINTET,T IGIBT ,F) Dr. Mae Christian, Ph.D. in Cultural Anthropology, focused in African -American studies -- Chair Sanchez: Address. Ms. Christian: -- and the value of oral history. Vice Chair Spence -Jones: Your address -- Chair Sanchez: Address, ma'am? Vice Chair Spence -Jones: -- Dr. -- Ms. Christian: My address is 4824 Northwest 15th Court, Miami, Florida 33142. I was born on July 5 on 13th Street and 3rd Court. That was the ending of World War II I was displaced from Overtown, and I'm a product of family that some of the original pioneers were in Colored Town, Overtown, and the Magic City. This PH.1 09-00180 is a resolution of the City ofMiami to sell a strip of land on 7th Avenue and 19th to the Market LLC for 15,000. This morning I looked up 7th Avenue Market for a corporation. I couldn't find it. I found two corporations registered, and one of them -- I left the documentation -- it was registered originally as Fairview Coconut Grove, and then the other one is located in Tampa. Overtown is one of the oldest neighborhoods in Miami, 1896 City ofMiami corporation [sic]. When Henry Flagler built the railroad, he needed a place for his workers to live. African American did resolve that Overtown is an historic district and deserve historic designation for historical preservation with all the land sites identified, marked, preserved, and protected. On Thursday, March 5, 2009, Commissioner Spence -Jones had a meeting at the youth center located at 450 Northwest 14th Street. The meeting was concerning the Marlins Stadium and the discussion to expand the CRA (Community Redevelopment Agency) boundaries of Overtown from 5th Street to 20th Street, from 7th Avenue to Biscayne Boulevard. It has not been 30 days, and here comes Market T,T C Corporation trying to purchase historical land for $15, 000 without any citizen participation. Since the community was just informed of the new boundaries on March 5, 2009, this land would be sold without the citizens' involvement. What project -- who are these people? And maybe we can have a cultural facility, small business enterprise, a entertainment corridor to get tourist dollars and stimulate Overtown with economic development opportunities. This is an opportunity to start making things right for our African -American community. We're a part of this City's history. I have seen Overtown go through urban renewal, urban development, community development projects Chair Sanchez: Ma'am -- Ms. Christian: -- CDC [sic]. Chair Sanchez: -- Doctor -- Ms. Christian: I worked with -- Chair Sanchez: -- in closing, please. City ofMiami Page 11 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Christian: Hmm? I'm -- Chair Sanchez: In closing -- Ms. Christian: -- closing. Chair Sanchez: -- please. Ms. Christian: I worked with Mr. Dewey Knight, interim County manager, Bill Turner for Booker T. historical preservation, the Culmer Center, and for those mixed houses. It is time to protect the value of African -American history and the land in Overtown, colored town, and the magic city. Thank you very much. Chair Sanchez: Thank you, Doctor. Anyone else from the public? If not, at this time, the public hearing is closed, coming back to the Commission. Vice Chair Spence -Jones, you're recognized Vice Chair Spence -Jones: Sure. Chair Sanchez: -- for the motion. Vice Chair Spence -Jones: Dr. Christian -- and for anyone else that's listening -- Chair Sanchez: In discussion. Vice Chair Spence -Jones: Huh? Chair Sanchez: In discussion. Vice Chair Spence -Jones: Okay. Dr. Christian, I just want to -- there's two things. One, this particular project, which is the biomedical -- the University ofMiami biomedical facility that's going there, is something that's really been on the books for a while now. Ms. Christian: Okay. Vice Chair Spence -Jones: This is just another portion or piece of land that was attached to the overall project that's going to provide hundreds of jobs to people in the area -- Ms. Christian: Okay. Vice Chair Spence -Jones: -- especially Overtown. We have been in meetings -- I know that Commissioner Gonzalez actually -- 'cause we actually kind of share -- you know, he's on the other side of 7th Avenue -- have been meeting off and on with the University ofMiami regarding initiatives to not only support jobs happening to folks in the Overtown area and throughout the City, but also some outreach efforts that we're doing in other areas like Liberty City and Allapattah. So University ofMiami has done, you know, an outstanding job with working with us to make sure that our culture's considered in all of the things that they do. I will ask, though, that Lucia, Ms. Dougherty, please set up some sort of community meeting regarding the biomedical facility in the Overtown area. Maybe there's a -- just an overall meeting so that the individuals or the community residents -- and don't have a problem with working along with you to promote that and put it out there so at least they have an understanding about what's going to actually happen on that strip of land. And Dr. Christian, in closing, right across the street from there, there is a facility that the Camillus House is also building -- so I want to make sure that you also -- I'm sure -- I think you might be aware of that already -- that will provide City ofMiami Page 12 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 beds to -- much -needed beds to homeless people in the area -- Ms. Christian: That's -- Vice Chair Spence -Jones: -- and supportive services, so by all means, you know I'm with you regarding the issue of Overtown andl support it 100 percent, but think it's extremely important for the people of Overtown to at least have jobs and training, and that's one of the things that this center is going to be able to bring. So if -- I'd like to officially put on the record for Lucia to at least set up some sort of meeting for the community residents so at least they know what's happening with that parcel of land. Ms Christian: And I'd like to work continuously with that project. Vice Chair Spence -Jones: Not a problem. Ms. Christian: Thankyou. Ms. Dougherty: Thank you. Vice Chair Spence -Jones: And my office -- Koteles, if you can just connect with her. Lucia, can you put that on the record that your client --? Ms. Dougherty: Yes, ma'am. We do affirm that we will meet with the residents. And this project actually has gone through a -- has submitted for a Class II Permit already. It will be coming in for a street vacation, so there's lots of opportunity for public hearing, and we will meet with the neighbors. Vice Chair Spence -Jones: Okay. Andl would like to be a part of whatever that community meeting is, 'cause I think it could be a great thing to kind of at least communicate to the public as to what's going to happen for them as a part of it. Ms. Dougherty: Yes, Commissioner. Vice Chair Spence -Jones: Okay. Thankyou. Chair Sanchez: All right. No further discussion. Madam Clerk, there was a motion and a second. The motion was made by the Vice Chair, second by Commissioner Gonzalez. We are on PH.1. It is a resolution. We had a public hearing. We opened it up and we closed it. We're ready for a vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." PH.1 is approved, 5-0. Ms. Valdes: Thank you. PH.2 09-00286 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE V/SECTION 54-190 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/BASE BUILDING LINES/NONSTANDARD STREET WIDTHS," BY REDUCING THE ZONED STREET WIDTH OF NORTH MIAMI AVENUE BETWEEN NORTH 11TH TERRACE AND NORTH 14TH STREET, MIAMI, FLORIDA, FROM NINETY FIVE (95) FEET TO SEVENTY (70) FEET; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City of Miami Page 13 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 09-00286 Legislation.pdf 09-00286 Exhibit.pdf 09-00286 Summary Form.pdf 09-00286 Memo.pdf 09-00286 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones PH.3 09-00287 Bayfront Park Management Trust Chair Sanchez: PH.2 is an ordinance on first reading, and that comes to us by the Department ofPublic Works. Stephanie Grindell: Stephanie Grindell, director ofPublic Works. PH.2 is an ordinance amending Chapter 54, "Base Building Lines, " to reduce the zoned street right-of-way width of North Miami Avenue between Northeast/Northwest 11 th Terrace and Northeast/Northwest 14th Street. It's being reduced from 95 feet to 70 feet, and there will be no visual changes on the street because it's already developed to 70 feet. Chair Sanchez: All right. It is a ordinance, second reading. Before -- can we get a motion and a second? Commissioner Gonzalez: Motion. Chair Sanchez: Motion by Commissioner Gonzalez -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. Before we open it up for discussion, it is an ordinance on first reading. It will come back to us again for second reading. However, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be identified Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Any discussion on PH.2? Hearing no discussion on the item, Madam Attorney, 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. Priscilla A. Thompson (City Clerk): Your 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. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE , AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING , APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING COMPETITIVE SELECTION (COMPETITIVE SEALED BIDDING) FOR IMPROVEMENTS AT BAYFRONT PARK, SPECIFICALLY, ADDITIONAL RESTROOM CAPACITY, A GENERATOR, SITE LIGHTING AND A FIRE ALARM SYSTEM REQUIRED BY City of Miami Page 14 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 THE CITY OF MIAMI BUILDING DEPARTMENT FOR THE RENOVATION OF THE BAYFRONT PARK AMPHITHEATER (THE "AMPHITHEATER IMPROVEMENTS"), AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI; FURTHER AUTHORIZING BY A FOUR -FIFTHS (4/5 THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 255.20, FLORIDA STATUTES, THE AWARD OF THE AMPHITHEATER IMPROVEMENTS TO HITT CONTRACTING, INC., AS CONSTRUCTION MANAGER/CONTRACTOR, BASED UPON THE CRITERIA AND PROCEDURES SET FORTH IN SECTION 18-85(A) AND OTHER SECTIONS OF THE CITY CODE, AND THE CITY MANAGERS WRITTEN FINDINGS, ATTACHED AND INCORPORATED; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $500,000, FROM THE BAYFRONT PARK CAPITAL IMPROVEMENT BUDGET FOR PAYMENT OF THE AMPHITHEATER IMPROVEMENTS; AND FURTHER AUTHORIZING THE CITY MANAGER AND THE EXECUTIVE DIRECTOR OF THE BAYFRONT PARK MANAGEMENT TRUST TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE BAYFRONT PARK MANAGEMENT TRUST AND LIVE NATION WORLDWIDE, INC., FOR THE MANAGEMENT AND OPERATION OF THE BAYFRONT PARK AMPHITHEATER. 09-00287 Legislation.pdf 09-00287 Exhibit.pdf 09-00287 Summary Form.pdf 09-00287 Memo.pdf 09-00287 Public Notice.pdf 09-00287 Management Agreement.pdf 09-00287 Certificate of Authority.pdf 09-00287 Acknowledgment.pdf 09-00287 Exhibit C.pdf 09-00287 Budget-Bayfront.pdf 09-00287-Submittal-Letter-Jonathon Cardello.pdf Motion by Commissioner Sarnoff, 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-09-0170 Direction by Vice Chair Spence -Jones to the Bayfront Park Management Trust requesting that local small businesses and city residents be used to work on the Live Nation project and to come back with a report after construction has been completed. Chair Sanchez: All right. We move on to PH.3. PH. 3. is a resolution, and that one is from the Bayfront Park Management Trust. Executive Director, you're recognized for the record. Tim Schmand: Good morning, Commissioners. Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami, Florida. What I'm here to ask you for today is the authority to enter into an amendment with Live Nation for the management of the amphitheater. We'd like to invest $500, 000 in new restrooms and health/safety requirements in the amphitheater. And because there's a time -sensitive nature to this, we would like the ability to City of Miami Page 15 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 use Live Nation's contractor to perform the work, which would require a four fifths Commission approval. And if you have any questions -- Chair Sanchez: All right. Need a motion and a second. Commissioner Sarnoff. So move. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: Motion has been made by Commissioner Sarnoff, second by the Vice Chair, for the purpose of discussion. Before we open it up for discussion, it requires a four fifth. It also requires a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: First of all, I want to say that, you know, I fully support -- Mr. Schmand: Thank you. Vice Chair Spence -Jones: -- you know, the agreement, so -- and by all means, I fully support the fact that we do have Live Nation coming to the City ofMiami, which, I mean, it's going to be great performances happening in it. The only thing I'd like to add, Tim, if possible -- since this is a part of -- we're going to be waiving the competitive bid on this, I would like to see some commitment on the record that local small businesses in City or County -- or City residents at least be used in the process, and I'd like for Live Nation to come back to report that, you know, after the construction has been completed. I think it's extremely important for this Commission and this body to continuously push our local residents and small businesses on any of the projects. I know we're only -- it's only going to be up to $500, 000 that could be utilized for the upgrades, but that definitely can help families and individuals in our community, so I would just like to -- I mean, require or request that you at least proffer that on the record. Andl do understand that there're certain trades or, you know, renovation costs that only certain areas or expertise in which they come from can be utilized, but I think in the instances of restrooms and bathrooms, we should be able to find some people locally that know how to do plumbing and those kind of things. So I just want to make sure that it's, you know, not a situation where we have to go to West Palm Beach for a plumber when we got a million and one plumbers here. So that was my only point. Steven Brodie: Commissioner, Steve Brodie, on behalf of Live Nation. We anticipate that there will be approximately 115-plus workers in 10 different trades from the Miami area that will assist with the redevelopment efforts. And once we have the theater up, which we hope the grand opening will be on August 15, that when we have events there, we should have up to 425 part-time employees assisting us, many of them, if not most, will be from the area. Vice Chair Spence -Jones: Okay, no problem. I just want to make sure that we're able to do that. And Tim, if you can bring back a report, I would greatly appreciate that. Mr. Schmand: Absolutely. I'll bring back a report to the Commissioners. Vice Chair Spence -Jones: Thank you. Chair Sanchez: All right. Any further discussion? Commissioner Sarnoff? Commissioner Sarnoff. Yeah. I -- this comes about as a result of potty parody. Vice Chair Spence -Jones: Potty what? City ofMiami Page 16 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Sarnoff. Potty parody. Does everybody know what that is? That is a law that requires that the men have as many toilet seats as the women. Don't know if that's wise, but thought I'd bring that to you straight from Tallahassee, potty parody. So that's why it's costing us $500, 000; just so everybody knows, everybody's equal. Chair Sanchez: All right. Any further discussion on the item? Julie O. Bru (City Attorney): Mr. Chairman, just for the record, you were handed out a letter from the architect of record -- Is it the architect or the engineer? Mr. Schmand: It's the architect of record. Ms. Bru: -- and this complies with the requirements of the state statute regarding waivers of competitive bid, so just to make sure that now that's part of the record. And that letter specifies the reason why it is in the best interest of the City to go ahead and allow this to proceed without competitive bidding. Chair Sanchez: All right, but in all fairness, it makes sense because it allows us, once again, to focus on no cost overruns and delays, and basically delays and conflict. So it's important to say that. I'm also glad to see that Bayfront Park and Live Nation have finally come to an agreement to be able to do this. I think it's going to be great for the City. And the issue about the bathrooms, which is important -- let me tell you something. I'm glad to see you're going to have good facilities because you bring world talent down here, and it's shameful that people have to walk into a portable bathroom and it just doesn't represent your quality and Bayfront Park's and the City's quality of professionalism, so I'm glad to see -- this is good for all of us. So having said that, we're going to take a vote on PH.3. It is a resolution that requires a four fifth. I'm glad to see we do have a full Commission to vote on this item. Okay, let's do a roll call for the record, a four -fifth. Priscilla A. Thompson (City Clerk): Roll call. Chair Sanchez: It's a resolution, for the record. We're voting on PH.3. A roll call was taken, the result of which is stated above. Ms. Thompson: The resolution has been adopted, 5-0. Chair Sanchez: Thank you. Mr. Schmand: Thank you all very much. Chair Sanchez: And it's also for ADA (Americans with Disabilities Act) upgrade. It's also for permanent restrooms and, of course, generators and other improvements, just not -- Mr. Brodie: Thank you, and we'll be able to start construction on Monday. Chair Sanchez: Thank you. PH.4 09-00284 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT ("EASEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A 4.30 City of Miami Page 17 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 FOOT WIDE PERPETUAL NON-EXCLUSIVE STRIP EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO BRICKELL AVENUE, BETWEEN SOUTHEAST 8TH STREET AND SOUTHEAST 10TH STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF ALLOWING FDOT TO CONSTRUCT AND MAINTAIN A LIGHT POLE AND UNDERGROUND CONDUITS, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID EASEMENT. 09-00284 Legislation.pdf 09-00284 Exhibit 1.pdf 09-00284 Exhibit 2.pdf 09-00284 Summary Form.pdf 09-00284 Memo.pdf 09-00284 Notice of Public Hearing.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0171 Chair Sanchez: Okay, let's take up PH.4. PH.4 is a resolution. That comes to us by the Department of Public Works. Stephanie Grindell: Stephanie Grindell, director of Public Works. PH.4 is a resolution granting a perpetual nonexclusive easement to Florida DOT (Department of Transportation) for the use of a City -owned strip of land, 4.3 feet wide by 115 feet long, adjacent to the west side of Brickell Avenue between Southeast 8th and 10th Streets for the sole purpose of constructing and maintaining a streetlight pole and underground conduits to serve the streetlights. Chair Sanchez: Okay, PH.4. This is a routine item to allow FDOT to use the little piece of land for the light poles. There shouldn't be any lengthy debate. It is a public hearing. Let's get a motion and a second, and then we'll -- Commissioner Sarnoff. So move. Chair Sanchez: -- open it up for public hearing. There's a motion by Commissioner Sarnoff. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. We'll open up to the public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, for the record, the public hearing is closed, coming back for a vote. It is a resolution. 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, it passes, 5-0. We've just voted on PH.4. PH.5 09-00285 RESOLUTION City of Miami Page 18 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF PERPETUAL NON-EXCLUSIVE EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR A TWELVE (12) FOOT WIDE BY NINETEEN AND A HALF (19.5) FOOT LONG PERPETUAL NON-EXCLUSIVE EASEMENT, FOR USE OF CITY -OWNED PROPERTY LOCATED ADJACENT TO 900-970 SOUTHWEST 1ST STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR THE SOLE PURPOSE OF ALLOWING FDOT TO CONSTRUCT AND MAINTAIN A SCHOOL FLASHER MAST ARM, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID EASEMENT. 09-00285 Legislation.pdf 09-00285 Exhibit 1.pdf 09-00285 Exhibit 2.pdf 09-00285 Summary Form.pdf 09-00285 Memo.pdf 09-00285 Notice of Public Hearing.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-09-0172 Chair Sanchez: We move on to PH.5. PH.5 is a resolution. Need a motion. It's in my district. Commissioner Gonzalez: Motion. Commissioner Sarnoff. So move. Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Before we vote on the item, it is a public hearing. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed. Could we put something on the record from your department as to what is it that we're doing on this item? We are discussing PH.5. Madeline Valdes (Acting Director): Madeline Valdes, Department of Public Facilities. This resolution authorizes the City Manager to execute a grant of easement -- perpetual easement with FDOT (Florida Department of Transportation) for the City -owned property located at 900-970 Southwest 1st Street for the sole purpose of allowing FDOT to construct and maintain a school flasher with further conditions established in the easement. Chair Sanchez: All right. And that construction of the crossing flasher is for a school. Ms. Valdes: That's correct. Chair Sanchez: Lincoln Marti School, which is right across from the Artime, and basically, we need FDOT to do that, and we have to partner up with them on that. All right. Any further discussion? If not, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 19 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 10:30 A.M. PH.6 09-00290 Department of Community Development Chair Sanchez: Anyone in opposition, having the same right, say "nay." Mo -- PH. 5, which is a resolution, was approved, 5-0. Ms. Valdes: Thank you. A sign language interpreter translated discussion of items PH.6 - PH.7. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF 2007-2008 CITY OF MIAMI HOMELESS PROGRAM, NEIGHBORHOOD ENHANCEMENT TEAM EMERGENCY SHELTER GRANT FUNDS, IN THE TOTAL AMOUNT OF $37,936; ALLOCATING SAID FUNDS TO THE 2008-2009 CITY OF MIAMI HOMELESS PROGRAM, NEIGHBORHOOD ENHANCEMENT TEAM, TO PROVIDE ESSENTIAL SERVICES AND EXTENDED OUTREACH AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEM, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE CITY OF MIAMI HOMELESS PROGRAM'S CERTIFICATION, FOR SAID PURPOSE. 09-00290 Legislation.pdf 09-00290 Exhibit 1.pdf 09-00290 Exhibit 2.pdf 09-00290 Exhibit 3.pdf 09-00290 Exhibit 4.pdf 09-00290 Summary Form.pdf 09-00290 Public Notice.pdf 09-00290 Planning Grant.pdf 09-00290 Budget Form.pdf 09-00290 Pre Legislation.pdf 09-00290 Attachment A.pdf 09-00290 Attachment B.pdf 09-00290 Letter.pdf 09-00290 Pre Legislation 2.pdf 09-00290 Text File Report.pdf 09-00290 Departments Certification.pdf 09-00290 Exhibit A Work Program.pdf 09-00290 Exhibit B Budget Summary.pdf 09-00290 Budget Narrative.pdf 09-00290 Staff Salary Forecast.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-09-0173 Chair Sanchez: All right. Let's take up PH.6. It is after 10:30. It was properly advertised for 10:30. We have our translator. We'll get him out of here quick. Let's go ahead -- okay. You're City of Miami Page 20 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 recognized -- Lilian Blondet (Assistant Director, Community Development): Good morning. Chair Sanchez: -- for the record. Ms. Blondet: Lilian Blondet -- Chair Sanchez: PH. 6. It's a resolution. Ms. Blondet: -- assistant director, Department of Community Development. PH. 6 is a resolution to transfer 37,936ESG (Emergency Shelter Grant) dollars from the 2007-2008 City of Miami Homeless Program to the 2008-2009 Homeless Program with the goal of continuing to provide essential services and to provide extended outreach services and housing services to homeless people leaving the Miami -Dade County judicial and health system. Commissioner Gonzalez: Motion. Chair Sanchez: All right. There's a motion and a second. This is -- simple takes unused money from the FY (Fiscal Year)-08 and places it in the FY-09. Simply, if we don't use it, we lose it. HUD (Department of Housing and Urban Development) takes it back. All right. Anyone from the public wishing to address this item? Hearing no one, the public hearing is closed, coming back to the Commission. There was a motion and a second. It's a resolution. Any further discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, for the record, PH. 6 was approved, 4-0, with the absence of Commissioner Sarnoff. Ms. Blondet: Thank you. PH.7 09-00291 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT Development GROUP, INC. AN EXTENSION TO COMPLETE CONSTRUCTION OF THE CD BUILDING PROJECT LOCATED AT 1525 NORTHWEST 60TH STREET, MIAMI, FLORIDA, FROM APRIL 30, 2009 TO DECEMBER 31, 2009, AND FOR THE CONVEYANCE OF THE CD BUILDING PROJECT TO THE CITY OF MIAMI; AUTHORIZING THE EXTENSION OF THE CONSTRUCTION COMMENCEMENT DATE ON THE PROPERTY LOCATED AT 6020 NORTHWEST 15TH AVENUE, MIAMI, FLORIDA, TO JUNE 30, 2010; FURTHER AUTHORIZING THE EXTENSION OF THE CONSTRUCTION COMPLETION DATE TO JUNE 30, 2011, FOR THE DEVELOPMENT OF A FIFTEEN (15) UNIT RENTAL PROJECT FOR LOW AND MODERATE INCOME PERSONS, AS INDICATED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City of Miami Page 21 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 09-00291 Legislation.pdf 09-00291 Exhibit 1.pdf 09-00291 Summary Form.pdf 09-00291 Public Notice 1.pdf 09-00291 Pre Legislation.pdf 09-00291 Attachments .pdf 09-00291 Pre Legislation 2.pdf 09-0029 1 Pre Legislation 3.pdf 09-00291 Attachment A 1 .pdf 09-00291 Pre Summary Form 1.pdf 09-00291 Text File 1 .pdf 09-00291 Attachments 2.pdf 09-00291 Pre Legislation 4.pdf 09-00291 Pre Legislation 5.pdf 09-00291 Exhibit A 1.pdf 09-00291 Exhibit B 1.pdf 09-00291 Pre Summary Form 2.pdf 09-00291 Text File 2.pdf 09-00291 Attachment A 2.pdf 09-00291 Pre Legislation 6.pdf 09-00291 Exhibit A 1.pdf 09-00291 Quit Claim 1.pdf 09-0029 1 Pre Summary Form 3.pdf 09-0029 1 Task Critical Task Progress.pdf 09-00291 Plan Review 1.pdf 09-00291 Plan Review 2.pdf 09-00291 Permits List.pdf 09-00291 Permits List 2pdf 09-00291 Maps 1.pdf 09-00291 Maps 2.pdf 09-00291 Maps 3.pdf 09-00291 Pre Legislation 5.pdf 09-00291 Attachments 2.pdf 09-00291 Quit Claim 3.pdf 09-00291 Pre Legislation 6.pdf 09-00291 Attachment A 2.pdf 09-00291 Quit Claim 4.pdf 09-00291 Pre Legislation 7.pdf 09-00291 Attachments 2.pdf 09-00291 Letter 5.pdf 09-00291 Letter 6.pdf 09-00291 Pre Public Notice .pdf 09-00291 Warranty Deed.pdf 09-00291 Exhibit A 6.pdf 09-00291 Corporation Papers.pdf 09-00291 Maps 6.pdf 09-00291 Permits List 4.pdf 09-00291 Letter 7.pdf 09-00291 Schematic Design.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 22 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0174 Direction by Vice Chair Spence -Jones to the Administration requesting that the City Manager meet with her office, Community Development, and trade unions to see what can be done to get the project moving forward and determine how to complete the proposed buildings. Chair Sanchez: PH.7 is also a resolution by the Department of Community Development. George Mensah: George Mensah, director of Department of Community Development. PH.7 is the resolution granting to Miami Dream Homes Investment Group an extension of time to complete the construction of the CD (Community Development) building, which is located at 1525 Northwest 60th Street from April 30, 2009 to December 31, 2009; and also to extend construction commencement date for a project located at 6020 Northwest 15th Avenue to June 30, 2010. Chair Sanchez: All right. PH.7, we need a motion and a second. Vice Chair Spence -Jones: So move for discussion. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez for the purpose of discussion. We open -- before we open up the discussion, we're on PH.7. Anyone from the public wishing to address this item, please stand up. Seeing no one, the public hearing is closed, coming back to the Commission. The item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yes, Mr. Mensah. I just wanted to make sure that you are in support of these two items that are actually being brought in front of us. I know that we've had some challenges with a few of them, but I'm assuming that they're being worked out through the Administration, correct? Mr. Mensah: That's correct. Vice Chair Spence -Jones: Okay. I do know one of the buildings we're going to be using for a veterans' facility. I think it's seven units, andl believe the trade unions, Mr. City Manager, is going to be working with us to complete those buildings, so I'd like to also direct that, perhaps, you meet along with us and the trade unions next week to see what we can do to actually get this project moving. There're several veterans that are returning back home now that clearly do not have a place to stay and need supportive services, so I'd like to also, Mr. City Manager, ask for you to sit down with my office, CD, and the trade unions to figure out how we can complete these buildings. Pedro G. Hernandez (City Manager): I'll be glad to do so. Chair Sanchez: All right. Any further discussion on this? If not, Mr. Director, the only thing that I think that we need to work in -- and I'm all for the extension. I mean, they're 70 percent completed. I think it's in the best interest of the City and everyone that they finish the project. But the only thing that we ask is on these properties that these sites be kept clean, you know, that they're maintained -- Mr. Mensah: Yes. They -- City of Miami Page 23 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: -- and properly -- Vice Chair Spence -Jones: They are clean. Chair Sanchez: -- you know -- Mr. Mensah: They are keeping them clean. Chair Sanchez: But not only these, other that are -- that we're working on. Sites -- we need to enforce more having people maintain those sites clean. Mr. Mensah: Yes. Chair Sanchez: I know that they're clean. I'm just seeing other projects. Now the extension -- you're basically asking us and it's your suggestion that we give them 'til -- until June 20, 211 [sic]. Mr. Mensah: Yes. That is on the -- Vice Chair Spence -Jones: The multifamily. Chair Sanchez: On the second. Mr. Mensah: -- multi -- the second project. That's -- Chair Sanchez: On the second project. Mr. Mensah: -- multifamily, which hasn't started yet. Vice Chair Spence -Jones: And that's being turned to a rental because -- Chair Sanchez: Yes. Mr. Mensah: Yes. Vice Chair Spence -Jones: -- of the economy at this point. Mr. Mensah: Yes. Chair Sanchez: All right. Okay, no further discussion on the item. It is a resolution. We did open it up to the public. We closed the public hearing. We had a motion and a second. It's a resolution. We're about to vote on PH.7. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. All right, that takes care of both properly advertised items. END OF PUBLIC HEARINGS City of Miami Page 24 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 SR.1 09-00074 ORDINANCE City Manager's Office ORDINANCE - SECOND READING Second 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. 09-00074 Summary Form.pdf 09-00074 Legislation V2.pdf CONTINUED A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item SR.1 to the Commission meeting currently scheduled for May 14, 2009. Chair Sanchez: All right. Is it 10: 30 yet? No -- Commissioner Gonzalez: No. Chair Sanchez: -- it is not. Let's skip through those, and let's go to SR.1. We'll get back to the properly advertised time certain items for 10: 30. We do have a translator here? Priscilla A. Thompson (City Clerk): Yes, we do. Chair Sanchez: Okay. Let's move on, and we'll come back to these items. That way we don't, you know -- we take advantage of the time. Let's take up SR.1. Roger Hernstadt (Assistant City Manager): Mr. Chairman -- Chair Sanchez: Yes. Mr. Hernstadt: -- Roger Hernstadt, assistant city manager. SR.1 is the second reading of an ordinance to amend Chapter 2, Article V of the Code, specifically Section 2-612 to create the same standards propagated by the Miami -Dade County and its Commission on Ethics and Public Trust by only limiting the prohibition of transacting businesses with the City by advisory board members and employees to matters under the purview of their board or department. So irrespective of their degree of ownership, they cannot purview -- or they cannot transact business with their board or departments who directly operate with their board. It also allows eligible City employees to avail themselves of affordable housing ownership -related programs when they meet the criteria. Chair Sanchez: All right, but basically on this, the only thing that they cannot do business with the board that they sit on -- Mr. Hernstadt: Right. Chair Sanchez: -- other than that, they can. City of Miami Page 25 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Hernstadt: Yes. Chair Sanchez: It's a mirror image of the County's conflict of interest. Mr. Hernstadt: Yes, sir. Chair Sanchez: All right. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Hold on. Is Robert Meyers here? Robert Meyers: Yep. Chair Sanchez: Sir, would you like to step up and give your blessing to this conflict of interest? Is it within Code? Is it -- Mr. Meyers: Well, it is -- Chair Sanchez: -- in the best interest of the City and the taxpayers? Mr. Meyers: -- identical to the County Code, but the way the assistant city manager described it, that's not exactly the way it's been interpreted by the Ethics Commission. The Ethics Commission has held, according to the County ethics ordinance, that if you don't have a controlling financial interest in a company -- Commissioner Sarnoff. Right. Mr. Meyers: -- you can still do business with that department. So, for example, ifI worked in the Public Works Department and my wife works in a company, but she doesn't have a controlling financial interest in that company, that company would be allowed to do business with the Public Works Department. That's the current standard in the County. And the way it was represented to you is that -- and maybe that is your intent -- is to disallow any sort of business relationship if your immediate family member has -- you know, works for a company that wants to do business with that department. Now let me, ifI can, mention that the County's going to be considering an ordinance that essentially would eliminate a family member from doing business with the employee's department, but right now that family member has to have a controlling financial interest, which is considered 10 percent or more of that company. Commissioner Sarnoff. Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff -- Commissioner Sarnoff. Mr. Meyers -- Chair Sanchez: -- you're recognized for the record. Commissioner Sarnoff. -- it's my understanding that if you own 9.9 percent of a company, you can do business within the board in which you're trying to obtain a benefit from. Is that correct? Mr. Meyers: That's correct. Commissioner Sarnoff. Under this ordinance? Mr. Meyers: That's the way I read it, correct. City of Miami Page 26 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Sarnoff. So if a person were to do business at 9.9 percent and they, theoretically, could get a bonus or a Christmas bonus, or even a bonus for achieving what they want to achieve, this ordinance would allow that? Mr. Meyers: Well, let me answer this in the -- technically, the answer is yes, but we have interpreted that 10 percent -- it is a threshold up to a point. But if we can still prove that that person controls the operations of that particular company, even if they don't have a 10 percent interest, we would find that they would not be allowed to contract with their board or department. Commissioner Sarnoff. How do you do that? Mr. Meyers: Well, I mean, we would have to conduct some interviews and gather evidence and show that this person's running the company, but he just doesn't have stock in the company that represents that 10 percent. And there are companies that -- well, I guess most publicly traded companies issue stock, but you could have the stock in control of one person and somebody else actually running the show, so we would look at that if it were a close call. But generally speaking, if you don't have 10 percent, you don't have a controlling interest. Commissioner Sarnoff. Well, it's been represented to me, andl suspect the other Commissioners -- let's say I own stock in Coca-Cola, but I, of course, don't have very much -- Mr. Meyers: Right. Commissioner Sarnoff. -- I don't have any, by the way -- but -- and I wanted Coca-Cola to, let's say, have a contract directly with the DDA (Downtown Development Authority), that, theoretically -- that'd be allowed under this ordinance, but that's the intent of which we're trying to allow people to still transact 'cause it's such a nominal amount. Mr. Meyers: That's correct. Commissioner Sarnoff. Whereas people that may have a 9.9 percent interest in a more closely held corporation that's actually transacting business would be allowed. Mr. Meyers: You know, the 10 percent is a threshold -- Commissioner Sarnoff. Right. Mr. Meyers: -- but a little below that. Like I say, I think, at least to us, it would raise some questions. Commissioner Sarnoff. Okay. Commissioner Regalado: Mr. Chairman. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Mr. Meyers -- Mr. Meyers: Yes. Commissioner Regalado: -- you do the interviews after the fact. I know that County employees ask for your opinion, but are we here requesting that everyone who wishes to do -- first have to get an opinion from the Miami -Dade County Ethics Commission? City of Miami Page 27 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Julie O. Bru (City Attorney): No. We're not making that mandatory. Commissioner Regalado: And why not? Ms. Bru: Well, you know, when you think about a code of ethics, you have to always recall and remember that a code of ethics governs individual conduct, and it is up to the individual who wishes to transact business with a governmental agency to get an opinion or to establish for him - or herself whether or not that transaction is going to violate the code of ethics. So we monitor it. We regulate it. We adopt laws, but ultimately, that individual is responsible. And if that individual doesn't seek out an opinion, if there's any doubt about the legality of the transaction and that individual doesn't seek out the opinion and the transaction is subsequently held to have been in violation of the law, it is the individual who's at risk. So, I mean, we can only do so much to try to make people act and behave ethically. Commissioner Regalado: No. I -- Ms. Bru: We don't make it mandatory for the individual to seek an opinion ahead of time. Commissioner Regalado: -- understand. So in the County, is it mandatory or no? Mr. Meyers: The County ethics code says that if you want to enter into a business with your government and you work for that government or you sit on a board, you must seek an opinion prior to entering into the agreement. Commissioner Regalado: So -- Commissioner Sarnoff. Why don't we do that? Commissioner Regalado: -- why don't we do that? Mr. Meyers: Whether they do it or not is a different issue. Ms. Bru: The thing is, if you sit on that board, that's what you've just said. Now what we're doing here is we're creating an exclusion from the overall provision for those individuals who don't sit on the board and who don't -- who are not going to transact business with their own board or their family members are going to transact business with the board. So I think that we are consistent, andl think for the individuals -- Let me give you a perfect example. The way that we have prepared this ordinance and drafted it, an individual who works for the Department of Housing, an individual -- let's say the receptionist at Housing, that person will be precluded from applying for an affordable housing loan -- Chair Sanchez: First-time buyer. Ms. Bru: -- unless that person gets a waiver from this Commission -- Yes, Commissioner Sarnoff - - because that person works for the department that will be overseeing the contract. Commissioner Sarnoff. That's not my understanding, the way it's written. Ms. Bru: Well, it's exactly the way it reads. We are not allowing any individual, no matter how - - no matter what the position is that they hold, from entering into a contract with their own department. Obviously, what we're trying to preclude is insider information because even if you're just the receptionist at the Department of Housing, it may very well be that you have information about when a program is available ahead of the rest of the City organization and public, so you don't want to have somebody who has an advantage over the rest of the City of Miami Page 28 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 organization or the community. So in that case, we still have available to that person a waiver provision, but what we're doing here is we're reducing the amount of individuals who have to come for a waiver. There's no reason why an employee who works for the Solid Waste Department or the Department of Planning has to come and get a waiver if they want to transact business with Housing to get an affordable housing loan. So what we're doing is we're reducing the amount of need for a waiver, but we still prohibit you from entering into a contract or transacting business with your own department. Commissioner Regalado: Question, Mr. Meyers. Do --? Chair Sanchez: Commissioner Regalado, you're recognized for the record. Commissioner Sarnoff, are you done? Commissioner Sarnoff. Yeah, I'll yield. Commissioner Regalado: Thank you. Just a question. When you started your presentation, you said that what the assistant city manager said was not what you believe the ordinance to be. Do you think any -- is there any loopholes in this ordinance? Mr. Meyers: You can find loopholes in every ordinance if you try hard enough. Commissioner Regalado: But I know you will find it. Mr. Meyers: I think, if you're essentially saying that a party cannot transact business with their department, that's pretty clear-cut, that's pretty ironclad. So I think, to the extent there are loopholes, you've really limited them by saying you work for company "X, " your spouse, you know, works in the City Department where company ' X" wants to do business. It's not going to be permissible. So it's hard to get around that. I think it's easier to get around, you know, the County's rule, which is if you have a 10 percent interest because then people can play games, as Commissioner Sarnoff alluded to. Well, you could have a 9.9 percent interest and say I don't have a controlling financial interest, therefore it's okay for me to do business with that department. So, I think you've done everything you can to reduce or eliminate possible loopholes. Commissioner Regalado: But the County's now under the process of another proposal for modifying your ordinance, right? Mr. Meyers: That's -- Commissioner Sosa is about ready to bring a series of ethics proposal to the County, which would include essentially the standard that you look to be adopting today, that is eliminating departments from doing business with relatives of County employees. So you would be allowed to do business elsewhere in the County; you just couldn't do business with your County department, irrespective of your position in the corporation, as the City Attorney said. You could be a secretary in that company, and that company would be precluded from doing business with the spouse's department. That's where the County's headed. Commissioner Regalado: Okay, the last question. If a person would want an opinion from your committee in order to do business in the City ofMiami, how long would it take for that person to get that opinion back? Mr. Meyers: Well, you know, we've -- these questions we've dealt with time and time again. I mean, it's something that the staff can handle. We can turn it around in 24 or 48 hours. If the facts are unique, then we would have to take it to the Ethics Commission, but if it's a straightforward question, can I do business with this department, you know, we just ask a few questions, and then we can issue an opinion, like I said, within 48 hours. City ofMiami Page 29 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Regalado: Thank you. Mr. Meyers: Thank you. Commissioner Regalado: So Madam City Attorney, why not say you need to get an opinion from the Ethics Commission? It's another safeguard. What is wrong? It only takes 24 to 48 hours being the standard. Ms. Bru: I think what we were trying to do by these amendments is to make it easier for individuals who work for the City -- you know, this is a big city. We have over 3,000 -- to make it easier for the individuals and their family members to be able to transact business if, clearly, under the law that we have, there is no conflict. Could we say blanketly [sic] that anybody that works for the City or their immediate family members, before they transact business with the City, they have to get an opinion from the Commission on Ethics? We could, but I think what we were trying to do is streamline the process if we have a regulation in place that's clear and unambiguous and easy to enforce and understand. That is up to you, Commissioner, if you would like to have something added to this ordinance with that respect. Commissioner Regalado: And of course, elected officials are prohibited at all and their families. Ms. Bru: Elected officials are not only governed by this ordinance, which, in fact, yes, prohibits them because ultimately, this board is the board that sets all policy and oversees all contracts in the City. But you also have voting conflicts that you're subjected to under State law that would preclude you from transacting business if you're going to inure any private gain or your family members. Commissioner Regalado: And it keeps the two years? Ms. Bru: We haven't done anything about the two-year provision. It stays as it is. Commissioner Sarnoff. Mr. Chair. Commissioner Regalado: Thank you. Chair Sanchez: Yes, sir. Commissioner Sarnoff. Madam City Attorney, I don't mean to be thick -- and I'm trying to understand this and I'm reading Subsection D. It says notwithstanding any provision to the contrary herein, so that means this paragraph governs, Subsection A, which you're just defining what is a conflict, shall not be construed to prevent any employee or his immediate family member as defined by Subsection C, which is the person, from entering into any contract individually or through a firm, corporation, partnership, or business entity in which the employee or any member of his/her immediate family has a controlling financial interest with the City or any person or agency acting for the City, as long as, (1), entering into the contract would not interfere with the full faith discharge by the employee of his/her duties with the City; (2), the employee has not participated in determining the subject contract requirements or awarding the contract; and (3), the employee's job responsibilities and job description shall not require him/her to be involved with the contract in any way, including but not limited to its enforcement, oversight, administration, amendment, extension, termination or forbearance. However, this limitation -- I'm sorry, this limited exclusion shall not be construed to authorize an employee or his/her immediate family member to enter into a contract with the City or any person or agency acting for the City if the City employee -- I'm sorry, if the City employee works in the department which will enforce, oversee, or administer the subject contract. So there are -- are there not some circumstances upon which that employee can be involved? City of Miami Page 30 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Bru: I think that the "however" -- and again, drafting legislation sometimes is, as we all know, a bit complex because what we did here and what has been done here and what we are working with is a scheme where you start off with the blanket prohibition. You cannot do this. And then to that blanket prohibition, we're adding an exclusion. And the exclusion is an employee and his or her immediate family is not precluded from conducting business so long as - - and you read the criteria -- it's not going to interfere with his faithful performance of duties blah, blah, blah. And then from that exclusion, we have a "however." "However," notwithstanding anything, you cannot transact business with your own department, andl think that's putting it simply. Commissioner Sarnoff. So that's your reading of this? That "however" says you shall not transact business -- Ms. Bru: Well -- Commissioner Sarnoff. -- with your own -- Ms. Bru: -- it says -- Commissioner Sarnoff. -- Department. Ms. Bru: -- shall not -- the exclusion -- Commissioner Sarnoff. Right. Ms. Bru: -- from the prohibition shall not be interpreted to allow an employee or his immediate family member from entering -- shall not be construed to authorize an employee or his or her immediate family member to enter into a contract with the agency or -- I mean, with the agency or department which will enforce, oversee, administer the contract. I mean, that -- I think that it's -- I think that that says it clearly. Mr. Meyers: Can -- Commissioner Sarnoff can I jump in -- Commissioner Sarnoff. Sure. Mr. Meyers: -- if that's all right? The way I read "employee" is employee individually; that that employee, as an individual, would not be allowed to enter into the contract. But what about the employee who owns a corporation or has an 8 percent share in a corporation? I think that's why you have to go to the controlling financial interest part of that. So I don't think -- the way I read your Code -- andl really defer to the City Attorney -- is that an employee or an immediate family member of the employee, as an individual, you know, would not be allowed to enter into a contract with that department. I agree wholeheartedly with that position. But if that employee has a 9 percent interest in a company, he or she would be allowed to enter into the contract, the way I read the ordinance. Commissioner Sarnoff. No, andl read it your way too. Andl think there's a -- and it's just a policy decision -- Mr. Meyers: Right. Commissioner Sarnoff. -- that this Commission's going to make -- Mr. Meyers: Correct. Commissioner Sarnoff. -- which is, if my wife owns 91 percent of a corporation andl own 9 City of Miami Page 31 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 percent -- well, not me, but let's say a City employee 'cause I'd be precluded as an elected official Mr. Meyers: Right. Commissioner Sarnoff. -- but let's pick on Roger Hernstadt. If Roger's wife owned 91 percent of a -- and let's pick him 'cause he's in an unusual position. He's an assistant city attorney -- assistant city manager, excuse me. If his wife owned 91 percent -- and I'm not saying this is true, but I'm just using him hypothetically -- and he owned 9 percent, he would be allowed to transact business -- Mr. Meyers: No, he wouldn't 'cause -- Chair Sanchez: No. Mr. Meyers: -- immediate family is covered. Chair Sanchez: It's covered. Mr. Meyers: So your spouse, your children, your parents. Commissioner Sarnoff. How far does immediate family go? Mr. Meyers: Well, that's another thing the County's looking to change. Right now it's just your spouse, your children, or your parents. Commissioner Sarnoff. So if his grandmother or if his -- Mr. Meyers: His brother. Commissioner Sarnoff. -- mother or -- Mr. Meyers: Right. Well, his mother would be covered. Commissioner Sarnoff. Mother'd be covered. Mr. Meyers: Brother wouldn't be; stepparents, step -- you know, stepchild. Chair Sanchez: All right. Commissioner Sarnoff. Interesting. Mr. Meyers: Now, one other thing 'cause you bring up the point about an assistant city manager. The County has, you know, departmental personnel, andl believe County management is part of that; certainly, department directors are essentially held to the same standard as the elected officials. They would not be allowed to enter into a contract with the government, period, because of their position with that government. Commissioner Sarnoff. Do we do that here? Is that going to --? Chair Sanchez: Does this ordinance do that? Mr. Meyers: I'm not sure. Ms. Bru: We do not distinguish in this ordinance between -- City of Miami Page 32 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: All right. Ms. Bru: -- those kinds of -- Mr. Meyers: Okay. Ms. Bru: -- personnel and a regular employee. Mr. Meyers: Okay. Chair Sanchez: All right. I'll tell you what, I'm going to pass the gavel and make a motion to continue the item. We will continue to work on this and give it more teeth as -- sort of say this is a long way from what we have. The whole purpose here for us to come up with an ordinance that's going to protect the City from conflict of interest. There's some issues that have been brought. The County's doing some new things. Maybe we need to look at 'em [sic] and work with you to put together a good ordinance that will not be having to come back in the next couple of months for an amendment. So I'm going to make a motion to defer the item. Vice Chair Spence -Jones: Got a motion. Chair Sanchez: And -- Commissioner Gonzalez: Second. Chair Sanchez: -- on that, to have the City Attorney work with the Commissioners and work with Mr. Meyers to make this ordinance a much better ordinance. Vice Chair Spence -Jones: We had a motion by Chairman -- Priscilla A. Thompson (City Clerk): I'm sorry. I can't hear. Vice Chair Spence -Jones: -- Sanchez -- Commissioner Sarnoff. Second. Vice Chair Spence -Jones: -- and a second by Commissioner Gonzalez. Chair Sanchez: All in favor, say "aye. " The Commission (Collectively): Aye. Chair Sanchez: All right. Thank you. Mr. Meyers: Thank you. Chair Sanchez: So we'll go ahead and continue this to the next regular Commission meeting. Ms. Thompson: That would be May 14. Chair Sanchez: Yes, giving us ample time to -- Ms. Bru: Okay. Let me just be clear on what we're doing. You want us to put more teeth in the ordinance? City of Miami Page 33 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: Well, we're going to address the concerns that have been brought out here because we're not going to be debating this for six hours, okay? Ms. Bru: Okay. Chair Sanchez: Let's just say that the goose is not fully cooked. Ms. Bru: Okay, so you would like us to talk to Mr. Meyers and just -- Chair Sanchez: And talk to the Commissioners and -- Ms. Bru: -- and talk to the -- Chair Sanchez: -- some of the recommendations -- Ms. Bru: -- and then bring -- Chair Sanchez: -- they may have. Ms. Bru: -- back some revised version -- Chair Sanchez: Yes. Ms. Bru: -- of this ordinance? Okay, we will do that. Chair Sanchez: Thank you. All right. That takes care of that item. END OF ORDINANCE - SECOND READING City of Miami Page 34 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 ORDINANCE - FIRST READING FR.1 09-00292 ORDINANCE First Reading Department of Finance AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "MOTOR VEHICLES AND TRAFFIC," MORE PARTICULARLY BY AMENDING ARTICLE IX ENTITLED "PARKING FACILITIES SURCHARGE," BY CLARIFYING EXISTING LANGUAGE AND ADDING DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00292 Legislation.pdf 09-00292 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We move on to FR.1. FR.1, our first readings. We have an ordinance on FR.1, and that is the parking facility surcharge, and that comes to us by the Department of Finance. Diana Gomez: Diana Gomez, Finance director. This is an ordinance amending Chapter 35 of the City Code, specifically amending Article IX, entitled "Parking Facilities Surcharge, " by claming existing language to ensure compliance with the state statute and adding definitions to clam the provisions of the surcharge. The proposed changes are administrative in nature and do not impact or change the rate structure of the surcharge, how it is collected or who's subject to the surcharge. They are -- the changes are just clarifying definitions. Specific changes include clarifying the definition of "open to the general public"; claming the definition of "revenues" subject to the ordinance, and claming "exemptions," as outlined in the state statute. The balance of the changes are cosmetic in nature, including capitalization and punctuation. Chair Sanchez: All right. So this does not change the rate for the parking surcharge -- Ms. Gomez: No. Chair Sanchez: -- whatsoever. Basically, you're just claming some of the language -- Ms. Gomez: Clearing up definitions. Chair Sanchez: -- that's there. Ms. Gomez: Um -hum. Chair Sanchez: And the reason you're claming the language is to what, meet state --? Ms. Gomez: To make it more in compliance with the state -- Chair Sanchez: Compliance with state statute. Ms. Gomez: -- statute, to clar05, it to make sure there's no disagreements in interpretation. Chair Sanchez: All right. But another issue was that we wanted to make sure that the City had the rights to inspect all the records. City of Miami Page 35 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Gomez: That's correct. Chair Sanchez: Under this language, does it clearly state that we have the right? Ms. Gomez: Yes. There is a specific change to providing access to the records of the parking facility's records. Hold on. Yeah. You know, claming access of the parking facility by the City. Chair Sanchez: All right. Any questions on this? Commissioner Regalado. Commissioner Regalado: Thank you. Mr. Manager, Diana, and Madam City Attorney, recently the City Commission passed -- I think it was an ordinance that would create parking lots near big facilities in steps, so -- but from day one, people will be parking there, so when do we consider a -- for the purpose of the surcharge -- parking? From the minute that it's open to the public or from the minute that it gets all the issues that needs to be resolved? Julie O. Bru (City Attorney): The parking surcharge is collected when the facility is operating. Pedro G. Hernandez (City Manager): Right. So irrespective of the improvements that they have to complete over a certain number of years, like paving, drainage, lighting, et cetera, from the moment that they charge for parking, they have to pay the surcharge. Commissioner Regalado: And all those temporary parkings are also included? Mr. Hernandez: Yes, they do. Commissioner Regalado: Okay. Chair Sanchez: All right. We need a motion and a second, then we'll continue the discussion of the item. Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: Motion has been proffered by Commissioner Gonzalez. It has been second by the Vice Chair for the purpose of discussion. It is an ordinance on first reading. Anyone from the public wishing to address this item, please step forward. Seeing no one, for the record, the public hearing is closed, coming back to the Commission for discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yes, Diana. I just wanted to understand. It is my understanding that we're not collecting the surcharges currently on the GSA (General Services Administration) -related -- Ms. Gomez: We are -- Vice Chair Spence -Jones: I'm talking about GSA and transit properties. Ms. Gomez: Right. Vice Chair Spence -Jones: Is that correct? Ms. Gomez: We are attempting to collect. We have issued collection notices and going through City of Miami Page 36 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 the process of collecting. As far as whether or not they have paid, that's a different -- they have not paid -- Vice Chair Spence -Jones: Okay. Ms. Gomez: -- for quite some time. Vice Chair Spence -Jones: Only reason I'm asking -- I just want to have a clear understanding of how much is that actually outstanding that is owed to the City? Ms. Gomez: For all the GSA and transit properties, it's approximately $943, 000. Vice Chair Spence -Jones: Nine hundred and forty-three thousand dollars. Ms. Gomez: They have -- they -- Vice Chair Spence -Jones: And then my next question is, how long has it been since we've been trying to collect? And I'm scared to hear that answer. Ms. Gomez: From October 1, 2004, the County -- these County properties have -- Vice Chair Spence -Jones: Four -- over -- Ms. Gomez: 2004, yes. Vice Chair Spence -Jones: -- four years. Ms. Gomez: These County properties have decided that they are not subject to the surcharge, and they have not been paying. We have continued with collection efforts since then. Vice Chair Spence -Jones: Okay. So Madam City Attorney, what are we doing to get our $943,000? Ms. Gomez: Approximately. Ms. Bru: Obviously, there's a dispute between the entities as to whether or not the parking surcharge is -- whether the City can lawfully impose that surcharge. You know, there are certain terms used in the enabling legislation adopted by the Florida Legislature, and we're in dispute. At this point we have not been directed to undertake any kind of legal action. It's being handled administratively. Should you at any time wish for us to take legal action, then we will proceed accordingly. Vice Chair Spence -Jones: Can -- I'm just curious, Diana. Are there any instances where the City pays a surcharge to the County for something? Ms. Gomez: On this? No. Vice Chair Spence -Jones: No, no, not on this. Just -- Ms. Gomez: Oh. Vice Chair Spence -Jones: -- in general. Ms. Gomez: I'm not aware. City of Miami Page 37 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Vice Chair Spence -Jones: Do you know what I mean -- Ms. Gomez: Yeah, but I'm not aware. Vice Chair Spence -Jones: -- Mr. CFO (Chief Financial Officer)? Because I'm sure if the City owed the County something, we would be paying, so that would be my question. Larry Spring (Chief Financial Officer): Larry Spring -- Vice Chair Spence -Jones: Is there an instance where the City has to pay a fee for something to the County for our usage? Mr. Spring: -- chief financial officer. Commissioner, like right off the top of my heard, the only one I can think of is the administrative fee that the County assesses against collecting our ad valorem taxes. Vice Chair Spence -Jones: That's the only one you can think -- Mr. Spring: That's the only one I can think of off the top of my head. It's a 2 percent fee. With regards to this matter -- Vice Chair Spence -Jones: We pay that, right? Mr. Spring: We -- we'll they take it. Vice Chair Spence -Jones: Oh, okay. Mr. Spring: It's not even a pay. I don't send a check. They -- when they collect it, they deduct it, and then they send the balance. With regards to this issue, it has staff and Parking Network, which is our -- the company that collects and assesses the surcharge -- for -- on behalf of the City -- has gone through all of the administrative steps that they can. Actual letters have been sent to the County manager directly. We've had a few discussions with him directly regarding this matter, you know. Because of all of the other intergovernment [sic] transactions we've been dealing with, I think it's just been kind of slid, you know, to the backburner a little bit, but this is one of those situations where like the reverter lawsuit, where we may have to just go ahead and pursue legal action. We've been -- you know, we've been trying to work with our intergovernmental partner as much as we can, but -- the other thing about the issue that we've been trying to be very mindful of it because of the collections at the Public Health Trust. They've -- which is also, you know, Jackson, but they've been remitting on those, so you know, if I'm hearing you correctly, you're right, and we need to, unfortunately, take that next step. Chair Sanchez: All right. Mr. City -- Vice Chair Spence -Jones: Thank you. Chair Sanchez: -- Manager, I -- Mr. Hernandez: IfI may, Mr. Chair. I was discussing the matter on the side here with the City Attorney, andl think that it would be prudent to contact or meet with County Administration, the County manager; and if they don't agree with our position, then the next step would be to go through the legal process, which between governments involves a dispute resolution; and if that's the only course of action, I recommend that we initiate it. Chair Sanchez: All right. Okay. The public hearing was opened and closed. The item is under discussion. There was a motion and a second. Any further discussion on FR.1 ? Hearing no City of Miami Page 38 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 further discussion, Madam Attorney, read the ordinance on first reading into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: 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 39 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 RE.1 09-00293 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO HORIZON CONTRACTORS, INC., PURSUANT TO RESOLUTION NO. 07-0701, ADOPTED DECEMBER 13, 2007, FOR THE PROJECT ENTITLED "FLAGAMI/WEST END STORM SEWER IMPROVEMENTS, PHASE IIB, B-50695," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $300,000, THEREBY INCREASING THE CONTRACT FROM AN AMOUNT NOT TO EXCEED $6,148,006.15 TO AN AMOUNT NOT TO EXCEED $6,448,006.15; ALLOCATING FUNDS FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-50695; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00293 Legislation.pdf 09-00293 Exhibit.pdf 09-00293 Summary Form.pdf 09-00293 Text File Report.pdf 09-00293 Bid Form 1 .pdf 09-00293 Flalgami West, Phase II 1 .pdf 09-00293 Supplement to Bid Form.pdf 09-00293 Addendum 1.pdf 09-00293 Addendum 2.pdf 09-00293 Flagami West Phase II 2.pdf 09-00293 Section 5 Reports.pdf 09-00293 Contract Execution Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0175 Chair Sanchez: And we could take up -- Commissioner Gonzalez: RE.1. Chair Sanchez: I'm working my way towards RE.1. All right, RE.1. RE.1 is brought to us by Capital Improvement [sic]. Ola Aluko (Director, Capitallmprovements): Good morning, Commissioner. Chair Sanchez: It is a resolution. Mr. Aluko: Yes, it is. This is a resolution authorizing the amendment of an agreement with Horizon Contractors, which increases the contract value by $300, 000, from approximately $6.1 million to a total not to exceed $6.4 million. This additional work is necessary due to owner -requested changes, regulatory changes and unforeseen conditions, such as conflicts -- underground conflicts in the project. City of Miami Page 40 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 RE.2 09-00294 Department of Employee Relations Commissioner Gonzalez: Motion on RE.1. Vice Chair Spence -Jones: I have a motion on RE.1. Is there a second? Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All right. This item passes. Commissioner Gonzalez: It's a resolution. All in favor? Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FIRST FINDING OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL 105049, WITH MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER, FOR THE PROVISION OF PART I SERVICES: EMPLOYMENT DRUG SCREENING SERVICES AND ALCOHOL SCREENING SERVICES FOR GENERAL EMPLOYEES (COLLECTION FACILITY, DRUG TESTING FACILITY AND MRO SERVICES); PART II SERVICES: SWORN FIRE DRUG AND ALCOHOL SCREENING SERVICES (COLLECTION FACILITY, DRUG TESTING FACILITY AND MRO SERVICES); PART IV RANDOM AND REASONABLE SUSPICION DRUG AND ALCOHOL SCREENING SERVICES FOR AFSCME, LOCAL 871 EMPLOYEES (COLLECTION FACILITY, DRUG TESTING FACILITY, AND MRO SERVICES); AND PART V SERVICES: SWORN POLICE DRUG AND ALCOHOL SCREENING SERVICES (COLLECTION FACILITY, DRUG TESTING FACILITY, AND MRO SERVICES); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER, FOR A PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; FURTHER ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO APPROVE THE SECOND FINDING OF THE EVALUATION COMMITTEE TO ACCEPT THE PROPOSAL OF WORK INJURY SOLUTIONS OF DADE COUNTY INC., D/B/A HEALTH CARE CENTER OF MIAMI, FOR THE PROVISION OF PART III SERVICES: DOT DRUG AND ALCOHOL SCREENING SERVICES (COLLECTION FACILITY, DRUG TESTING FACILITY, AND MRO SERVICES); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH WORK INJURY SOLUTIONS OF DADE COUNTY INC., D/B/A HEALTH CARE CENTER, FOR A PERIOD OF TWO (2) YEARS, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 41 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 09-00294 Legislation.pdf 09-00294 Exhibit 1.pdf 09-00294 Exhibit 2.pdf 09-00294 Summary Form.pdf 09-00294 Memo 1.pdf 09-00294 Master Score Sheet.pdf 09-00294 Memo 2.pdf 09-00294 Request for Proposals.pdf 09-00294 Addendum No.1.pdf 09-00294 Award Sheet .pdf 09-00294 Services Agreement 1.pdf 09-00294 Services Agreement 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0176 Vice Chair Spence -Jones: Now we go back to RE.2. Pedro G. Hernandez (City Manager): RE.2 is drug and alcohol screening services. Commissioner Sarnoff. Right. I wanted to see Ola present that. Ola Aluko (Director, Capital Improvements): Nothing to do with that. Glenn Marcos: Ola. RE.2 -- Commissioner, Glenn Marcos, Purchasing director. RE.2 is a recommendation for award to two particular firms. The Purchasing Department, on behalf of the Employee Relations Department, issued a request for proposal for employment drug screening services. An evaluation selection committee convened, and they ended up finding five findings as far as the award. The RFP (Request for Proposals) consisted of five parts. The five parts were as follows. Part one services is for the employment drug screening for general employees, and the recommendation for award there is Mercy Medical Development which, of course, is a City ofMiami vendor. Part two, the recommendation for award is to Mercy Medical Development also, and that part two is for sworn fire drug and alcohol screening services. Part three, the recommended firm is Work Injury Solutions ofDade County, Inc., and that's for DOT (Department of Transportation) drug and alcohol screening services. Part four, the recommended firm was, once again, Mercy Medical Development, and that part four is for random reasonable suspicion drug and alcohol screening services pursuant to labor -- the labor agreement, and that's AFSCME (American Federal, State, County, and Municipal Employees) Local 871 employees. That's the Solid Waste employees and the AFL-CIO (American Federation of Labor -Congress of Industrial Organizations). And then the fifth part is also for sworn police drug and alcohol screening services, and the recommended firm is Mercy Medical Development. So four out of the five parts, we're recommending award to Mercy Medical Development, which is located within the City ofMiami; and one of the parts, which is part three, is to Work Injury Solutions ofDade County. And we're also seeking authorization from the Commission to allow the City Manager to negotiate and execute said agreement. Vice Chair Spence -Jones: Do we have a motion on this item? Commissioner Sarnoff. So move. Commissioner Gonzalez: Second. City ofMiami Page 42 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Vice Chair Spence -Jones: We had a motion by Commissioner Sarnoff and second by Commissioner Gonzalez. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. [Later..] Vice Chair Spence -Jones: So we move on to RE.3. Commissioner Regalado: Madam Chair, ifI may. Vice Chair Spence -Jones: Yes. Commissioner Regalado: Going back to the RE.2. Are -- these drug random checks, do they checkfor steroids too? Vice Chair Spence -Jones: The question was do they check for steroids? Commissioner Regalado: Yes, since it's been in the news so much. And since -- Vice Chair Spence -Jones: Do they check --? Commissioner Regalado: -- it's considered a drug -- Hector Mirabile: Hector Mirabile, director of Employee Relations. When we did our collective bargaining agreement, we did not include the steroid portion in that. That's not something that we're screening for. We understand it is illegal, but we do not screen for that. Commissioner Regalado: So employees can use it. Mr. Mirabile: We hope they don't. Commissioner Regalado: Okay. [Later..] Chair Sanchez: All right. So we go from election day to Parrot Jungle and Gardens of Watson Island Mr. Hernandez: Mr. Chairman, if you could allow me to have Hector Mirabile go back to the podium with a correction on RE.2. We do test for a certain type of steroid andl would like to have that corrected for the record. Chair Sanchez: All right, so that was RE.2. I was not here for RE.2. Mr. Hernandez: That's -- RE.2 is the one on drug and alcohol screening, and there was -- Chair Sanchez: Did we vote on the item? Mr. Hernandez: Yes. Yes, you did. But it's just a clarification that we do checkfor a certain type of steroid City of Miami Page 43 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: Who asked the question? Mr. Hernandez: Commissioner Regalado. Mr. Mirabile: Commissioner Regalado did, sir. Commissioner Sarnoff. Steroids? All right. Mr. Mirabile: Thank you again, sir. Hector Mirabile, director of Employee Relations. Humbly apologize. I missed this one. We do test for gamma-hydroxybutyric, also known as GHB in common term. I blew it because it -- that's normally known as the date rape drug. It's -- but it's also used as a muscle enhancer, so people could actually use the GHB to go ahead and be a steroid producer muscle enhancer on that. Chair Sanchez: I guarantee nobody here is using it. Commissioner Sarnoff. But I think he's more concerned with clear and blue. Commissioner Regalado: I'm sorry? Mr. Mirabile: If that is his original question, then the answer is, no. We don't test for -- the normal that you see out there type of steroids that a lot of people are accustomed to seeing, but this GHB does have that capability of being a muscle enhancer. Commissioner Sarnoff. His question really was about baseball enhancers. Chair Sanchez: All right. Mr. Mirabile: Yes, I know. Chair Sanchez: Let's -- hey, let's go. RE.3 09-00276 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), PROVIDING FOR A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009, FOR THE PURPOSE OF ELECTING THE OFFICES OF MAYOR AND TWO COMMISSIONERS, AND FOR HOLDING A RUNOFF ELECTION, IF REQUIRED, ON NOVEMBER 17, 2009; PROVIDING FOR THE REGISTRATION OF PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH GENERAL MUNICIPAL AND RUNOFF ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; AND DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS RESOLUTION AND THE PROVISIONS HEREOF. City of Miami Page 44 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 09-00276 Legislation.pdf 09-00276 Exhibit 1.pdf 09-00276 Memo.pdf 09-00276 Letter .pdf 09-00276 Email.pdf 09-00276 Cost Estimates.pdf 09-00276 Email.pdf 09-00276 2009 Elections Calendar.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0177 (RE.3) 09-00276a ORDINANCE Draft AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO MUNICIPAL ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 10, 2009, CITY OF MIAMI RUNOFF ELECTION TO TUESDAY, NOVEMBER 17, 2009, TO PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME BETWEEN THE GENERAL AND RUN-OFF ELECTIONS TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: Which item are we on? Vice Chair Spence -Jones: We just finished RE.2. Now we're on RE.3. Chair Sanchez: RE. 3? Vice Chair Spence -Jones: Um -hum. Chair Sanchez: RE.3 is the elections, right? Vice Chair Spence -Jones: The elections stuff. Chair Sanchez: Okay. Priscilla A. Thompson (City Clerk): Correct. Chair Sanchez: RE. 3. City of Miami Page 45 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Thompson: Commissioners -- Chair Sanchez: Yes. Ms. Thompson: -- Chair, RE.3 is the resolution actually calling for your elections. This is your election cycle for 2009. Chair Sanchez: Yes. Ms. Thompson: We've put the resolution calling for the election on the agenda. We do have a substitute resolution to correct some scrivener's errors; and we also, in your backup, provided to you a request from the Supervisor of Elections office to move the date of the runoff election, not to have it on the first week -- or the week after the general election, but asking for a change of date. We have a representative here from the Elections Department, Ms. Tara Smith, to present Lester Sola's request. Chair Sanchez: All right. Ma'am, you're recognized for the record. Tara Smith: Good morning. Tara Smith, with the Miami -Dade County Elections Department. I want to thank you for allowing me to speak on behalf of this item. The Elections Department is asking all municipalities to provide us three weeks between their general and runoff election day. As you know, your general election is scheduled November 3, 2009, and currently your runoff is scheduled November 10. We are requesting you reschedule that runoff to November 24 simply to provide us more time. I'd like to point out -- Chair Sanchez: November 24? Vice Chair Spence -Jones: That's the week -- Ms. Smith: Correct. That's -- Vice Chair Spence -Jones: -- of Thanksgiving. Ms. Smith: -- three weeks. That's correct. IfI could, I'd like to point out a few -- I'd like to emphasize a few reasons why we're making that recommendation to all the municipalities. Chair Sanchez: And this is your request? Ms. Smith: This is the Supervisor of Elections recommendation, correct. Essentially, the more time we have to prepare for your election, the better. With the new paper -based voting system, we're handling hundreds of thousands of ballots for an election like this. We conduct extensive testing not just of the voting equipment in between those elections, but of the paper ballots. Our paper ballot procedure involves extensive programming, proofing, reproofing, sending the ballot here for approval, printing the ballots, and finally, when we receive those printed ballots, we conduct extensive QA (Quality Assurance) of every single ballot to make sure it was printed properly. All of this takes time, and the more time we have, the better we feel about conducting your election. I also want to point out the absentee ballots that you have on file now. There're over 20,000 absentee ballot requests on file at this time, permanent AB (Absentee Ballot) requests. Those ballots would be going out the Monday or Tuesday after your general election. That week, there happens to be another holiday, Veterans Day, where there will be no mail delivered. So in the scenario if you had your runoff on the 17th, which is two weeks later, your voters would have three to five days to return their absentee ballots to us. So scheduling your runoff on the 24th gives your voters another week, up to 11 or 12 days to return their absentee ballots to us. I want to point out that the other two municipalities also have under consideration an item like yours to move their runoff election to the 24th; that's Hialeah and Miami Beach. As City of Miami Page 46 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 you know, they share your election costs on November 3, andl know they have expressed interest to us that they are interested in keeping these three elections together for the runoff. Currently their runoff is scheduled November 17, at the two -week point. So we support our recommendation to ask you to approve the item as it's written for November 24. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Yes. So November 24 will be the general runoff for Miami Beach, Hialeah, and the City ofMiami in case that they do need a runoff. Has the cities approve it yet or --? Ms. Smith: No. You are the first city to consider this recommendation. Commissioner Regalado: Okay. And that is cost -saving measure? Ms. Smith: Well, it's an operational -- Commissioner Regalado: But if we were -- Ms. Smith: -- (UNINTELLIGIBLE). Commissioner Regalado: -- to do our own, that would be our cost, but if -- Ms. Smith: That's correct. If you do it on your own, you would bear the full cost. Commissioner Regalado: Right. But if we do it on the 24th, then we share the cost with the Elections Department and the other -- Ms. Smith: Right, if those other two municipalities approve the change to the 24th also. Commissioner Regalado: Well, what happen if we approve it and if they don't? Ms. Smith: If you approve it now and this -- the two cities following don't approve it, then I would come back to you and support bring -- keeping those three together, even if it meant going back to the two weeks. Vice Chair Spence -Jones: Why don't we start with them first? Commissioner Regalado: Huh? Vice Chair Spence -Jones: I'm just curious, why did you start with us first? Ms. Smith: I think it's just a scheduling issue. I'm speaking in front of the committee meeting for Miami Beach next week. Chair Sanchez: Commissioner Regalado, you have the floor. Commissioner Regalado: No. I'm just fine. I thinkl -- it makes sense. Lester Sola has been a good supervisor, and he understand. And now with the new voting machines with the paper trail, it's -- I guess it would be a little difficult. My concern also was the absentees, since we have so -- it's a very difficult time of the year for people to return absentees. And we had in Miami last presidential election 23,000 absentees, right? Ms. Smith: That's correct. City ofMiami Page 47 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Regalado: Yeah. Okay. Thank you, Mr. Chairman. Chair Sanchez: Yes. I just wanted to make sure that this was the request of the Supervisor of Elections for -- Ms. Smith: That's correct. Chair Sanchez: -- the three weeks. Now I think that we -- and when I say we, all of us -- need to do things to increase the numbers of voters, you know. And in our city, we do have a very low turnout of voters to try to get people to go out and vote. And really, it's a shame, being that we live in a nation that is well-known for its democracy and having people vote and elect their representative. The concern thatl have here is that if we do that, take it to three weeks, it puts us on the 24th of Thanksgiving [sic], and that is a burden for a lot of people; a lot of people that are either traveling, a lot of people that are getting ready to spend a very special day with their families. So I really have some reservations on that. I don't see the other cities supporting the 24th. I could see maybe all of us coming together for the 17th. Vice Chair Spence -Jones: Seventeenth. Chair Sanchez: And what I wanted to ask you was, if we were to accept the 17th, would you be able to get it -- feel comfortable with the elections and get it done on the 17th? And the reason is, you know, with all the technology that we have, it's funny that years ago we had a larger turnout, we had people with just a pencil and pen, and at the end of the night, you got the results. Now with all this technology, millions of dollars that we're spending in new technology, we either have to wait a day or two to get the results. So not to criticize your performance -- I think your supervisor and your staff has done an incredible job based with the different situations that we've been faced here in South Florida on election. But I would push for the 17th because one is -- even if we went to the 25th [sic], there'd be no cost savings whatsoever. As long as we all agree to a date. So I think it's important for you to get a feel as to the three municipalities, the big municipalities that fall within that same time for the election to see if November 17, which I think it's more reasonable, and hopefully, we'll encourage people to vote, andl think that basically giving you two weeks is ample time for you to have a good result in your -- in the results of the elections. Ms. Smith: Okay. Chair Sanchez: So I -- as the Chair, I will be, when it's all said and done, making a motion to support the expansion [sic] to November 17. Ms. Smith: Okay. Vice Chair Spence -Jones: Do we have a --? Chair Sanchez: I'll make a motion for the 17th. Ms. Smith: IfI may, could l just speak to a couple of those points about the other municipalities? I certainly understand your concern about Thanksgiving week. I looked into some historical numbers in terms of your previous runoffs and how they fell and how we've done this in the past. A typical turnout for a municipal runoff election is around 14 percent. In November 20 or 21 of 2006, which was the last time you had a runoff that election also fell during Thanksgiving week, and you had a 15 percent turnout, so that was pretty consistent with the average. Hialeah andMiami Beach had a runoff in 2007 that also fell during Thanksgiving week, and their turnouts were 14 and 23 percent, respectively. So I've seen historically that the turnout during that week is consistent with a turnout for any other scheduled runoff election in a municipality. Those two cities have been in touch with us, Hialeah andMiami Beach. They're City of Miami Page 48 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 both willing to ask their boards to change it to the 24th as we're recommending. I can't speak as to whether their boards are going to do that or not, but I do know that they're looking for the -- to the decision that you make here today because their main interest, as far as I know, keeping the elections together and sharing those costs. Commissioner Sarnoff Madam Chair. Vice Chair Spence -Jones: Yes. Commissioner Sarnoff Having been in that November '06 runoff -- andl don't think anybody up here has been in a very contentious runoff -- it's pretty tough on the elected official to go two weeks. It would be very tough on that person to go three weeks. And if you really consider and factor everything involved, I believe that runoff was 4 percent higher than any previous runoff. The general election, I believe, was 26 percent, which was -- or 32 percent. I don't remember. It was one of the highest elections we ever had. I don't think your -- everybody can use a number to satisfy whatever they want. I think Commissioner Sanchez was saying is it technologically feasible and possible and, you know, obviously, you've created a new paper ballot, but I have to believe that based on what you've done in the past, you could do it and do it pretty comfortably. I don't think anybody up here really understands how tough two weeks is. You add a third week to that and -- you know, I'm feeling for the three people up here who could potentially be in three runoffs, and I'm going to speak for you. That's a very difficult thing to do to a person, a runoff election. So I have to agree. I have to support -- two weeks is enough to ask of a man or woman to run in a race. That's -- it's tough. If you think -- Ms. Smith: I understand. Commissioner Sarnoff -- it was fast paced to get to the end, triple that, and you're in a runoff So -- Ms. Smith: Okay. We -- Commissioner Sarnoff -- I'm going to support what he has to say. Ms. Smith: -- the Elections Department can make November 17 work. Vice Chair Spence -Jones: Okay. Ms. Smith: We recommend three weeks, but we can make two work -- two weeks work for us. Vice Chair Spence -Jones: So we have a motion, and do I have a second on this? Do I have a second on this item? Commissioner Sarnoff Second, sorry. Vice Chair Spence -Jones: All right. We have a motion and a second for dis -- Commissioner Regalado: Just a -- Vice Chair Spence -Jones: You're recognized, Commissioner Regalado. Commissioner Regalado: Thank you. I don't know. I guess elections should be about voters, not about candidates, but my concern is the absentees. Will you have time to send it for people to get it? You said there was a holiday with no --? Ms. Smith: Right. Veterans Day falls on that Wednesday, the 11 th. There's no mail delivery, but City of Miami Page 49 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 we will shoot to put those absentee ballots in the mail by Monday or Tuesday, so voters would receive them -- Commissioner Regalado: On Thursday. Ms. Smith: -- Thursday, Friday, and then they need to be returned to us by Tuesday, Election Day, by 7 p.m. Commissioner Regalado: Okay. And people will get automatically their absentees? Ms. Smith: Correct, if they have a permanent absentee ballot request on file. Commissioner Regalado: So it would be the same number? Ms. Smith: That's correct, same number. Commissioner Regalado: Okay, that's -- is that a regular time for absentees, historically, or is it too small of a window? Ms. Smith: Historically, we've held runoff elections within two weeks. We are recommending three weeks now because of the new paper -based voting system and our preference to spend more time QA'ing those ballots after they're printed, before they go out in the mail. But we can make two weeks work -- Chair Sanchez: All right. Call the question. Ms. Smith: -- if that's what you recommend. Vice Chair Spence -Jones: Okay. Any other questions, Commissioner Regalado? Commissioner Regalado: No. I'm fine. Vice Chair Spence -Jones: All right. We had a motion and a second. All in favor? The Commission (Collectively): Aye. Ms. Smith: Thank you. Chair Sanchez: Thank you. The 17th. Vice Chair Spence -Jones: I just -- yeah, it's set for the 17th. You went only back to 2006. Apparently -- Ms. Smith: Right. Vice Chair Spence -Jones: -- you didn't go to 2005, correct? Ms. Smith: I didn't go back that far. Vice Chair Spence -Jones: Okay, 'cause 2005, I mean, we already got the votes, andl have to tell you that I was actually in a runoff and the Thanksgiving period was extremely difficult to balance the both of those things, so -- Ms. Smith: I understand that concern. City of Miami Page 50 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Vice Chair Spence -Jones: -- I'm glad that we're doing the two weeks because it does make a difference. Ms. Smith: Okay. We'll make it work. Ms. Thompson: Vice Chair, ifI may. In 2005, there were extenuating circumstances as well -- Vice Chair Spence -Jones: Yeah, the hurricanes. Ms. Thompson: -- because we had two hurricanes back-to-back, so all of those things did come into play. I want to make sure then that we're showing that the motion was adopted as modified, 4-0. Thank you. Ms. Smith: Thank you. Ms. Thompson: And that's with the date of -- the runoff date of November 17. Julie O. Bru (City Attorney): All right. Mr. Chairman, ifI may. Because the law authorizes you to change the date of the runoff by ordinance, I would suggest that at this time you allow me to read the title of an ordinance that we're prepared to draft, and it would have been adopted now at first reading should you vote on it. In that way we can come back with second reading and the ordinance would change the date of the runoff to the 17th. Chair Sanchez: All right, but wait. If you -- does it have to come for two readings? Ms. Bru: Yes, but we could do the first reading now. We could prepare -- I have the title prepared. In anticipation of your vote, since the resolution that you had before you considered changing the runoff date, but we didn't know whether you were going to approve it or not, we didn't have a corresponding ordinance. But now that you have approved changing the runoff from what our Charter says to -- Chair Sanchez: All right. We could only change it through an ordinance, correct? Ms. Bru: Through an ordinance. Chair Sanchez: All right, so -- Ms. Bru: So we're ready to read into the record now -- Chair Sanchez: All right. Ms. Bru: -- the title, and you will have it before -- Chair Sanchez: Read the ordinance -- Ms. Bru: -- you for second reading. Chair Sanchez: -- into the record. Ms. Bru: Thank you very much. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. City of Miami Page 51 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Thompson: I need a mover and a seconder, please. Chair Sanchez: So move. Commissioner Gonzalez: Second. Commissioner Sarnoff. All right. Madam Clerk, please call the roll. Ms. Thompson: Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff. I'm just wondering what I'm going to be doing on November 3. It's just going to be so nice. Yes. Ms. Thompson: Then the ordinance has been passed on first reading, 4-0. RE.4 09-00344 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE AMENDMENT OF THE CITY OF Improvements MIAMI'S LIST OF EXPEDITED PROJECTS, PURSUANT TO ORDINANCE Program NO. 13045, ADOPTED DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A," WITH "ATTACHMENT A- 4/2/09 REVISED," ATTACHED AND INCORPORATED, FOR THE PURPOSES OF INCLUDING PROJECTS BEING CONSIDERED FOR FEDERAL STIMULUS FUNDS, OTHER UPCOMING PROJECTS AND SOLICITATIONS, AND TO REMOVE PROJECTS NO LONGER QUALIFYING FOR THE FEDERAL STIMULUS PROGRAM. 09-00344--Legislation-SU B. pdf 09-00344-Exhibit 1-SUB.pdf 09-00344 Summary Form.pdf 09-00344 Text File Report.pdf 09-00344 Attachment A.pdf 09-00344-Submittal-Memo-Capital Improvements Program. pdf 09-00344-Email-Clarification of Item RE.4.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0181 Vice Chair Spence -Jones: RE.2. City of Miami Page 52 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ola Aluko (Director): For the record, Ola Aluko, City ofMiami, Department of Capital Improvements. RE.2 is a resolution amending the City's list of expedited projects pursuant to the expedite ordinance. In December -- I believe, December 12, we provided to you an expedited ordinance. We are adding and removing certain projects on this list. And basically, we'll be doing this probably every two or three months. Commissioner Sarnoff. How do you get stuck presenting this? Mr. Aluko: I'm sorry? Commissioner Sarnoff. How do you get stuck presenting this? Mr. Aluko: Because we proffered the original amended -- amendments to the ordinance back in December. Commissioner Sarnoff. RE.2, CIP (Capital Improvements Program)? Pedro G. Hernandez (City Manager): No. He's on RE.4. Mr. Aluko: I'm on RE.4, my apologies. Commissioner Sarnoff. Aren't we on RE.2? No. We just did RE.1. Mr. Aluko: We just passed RE.1. My apologies. I thought my item was RE.2. Commissioner Sarnoff. No, stay up there. Commissioner Gonzalez: We are on RE.2. Vice Chair Spence -Jones: We're on RE.2, drug screening. Commissioner Sarnoff. I want to see you present this. Vice Chair Spence -Jones: We're on drug screening. Mr. Aluko: No. I am RE.4. Vice Chair Spence -Jones: Okay. Mr. Aluko: Yeah, I'm RE.4. Commissioner Gonzalez: Take RE.4 -- Mr. Aluko: RE.2's on his way. Commissioner Gonzalez: -- because you're already -- Vice Chair Spence -Jones: Okay, RE.4 -- let's deal with RE.4, since you're already here. Mr. Aluko: Thank you. Vice Chair Spence -Jones: Okay. Mr. Aluko: It's too early in the morning. So you've heard the resolution? City ofMiami Page 53 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Vice Chair Spence -Jones: Yes. Does anybody have any questions on this issue? Commissioner Gonzalez: No. Vice Chair Spence -Jones: All right. Commissioner Gonzalez: I'm all right with it. Ready to make -- Mr. Aluko: Yes, Commissioner. Commissioner Gonzalez: -- a motion. Vice Chair Spence -Jones: Okay. You're recognized, Commissioner Regalado. Commissioner Regalado: On the expedites projects -- andl agree with all -- but are we hoping for stimulus money for these projects or all of those are funded already? Mr. Aluko: The -- Commissioner Regalado: Or can we substitute? Mr. Aluko: -- there are certain projects that we have added onto this list, which we -- Commissioner Regalado: Because -- Mr. Aluko: -- hope to get stimulus money. We have proffered these projects to the County or to the MPO (Metropolitan Planning Organization), and they're currently in the approval process. Commissioner Regalado: Right, but today -- and that was my question -- there was a story regarding the County taking some of the money as an administrative charge. That is just that it just happened, so the budget will be different for those projects, understand? Mr. Aluko: I understand. I did read -- oh, Bill is here. Bill. Bill Anido: Bill Anido, assistant city manager. The article deals with the transit allotment, which involves the circulators, and it needs to go to the Commission for approval. It hasn't been Commissioner Regalado: No, I understand. It was approved -- Mr. Anido: -- established -- Commissioner Regalado: -- by -- Mr. Anido: Yeah. Commissioner Regalado: -- a committee, but I don't think it's transit. I think it has to do with even roads. Mr. Anido: No, no. It's only -- it only deals with transit, projects that may be under the purview ofMiami-Dade Transit Authority -- Commissioner Regalado: Okay. City of Miami Page 54 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Anido: -- not with the highway projects. Mr. Aluko: Luckily, these are highway projects. Any other questions, Commissioner? Vice Chair Spence -Jones: Any other questions? Commissioner Regalado: No. Vice Chair Spence -Jones: Do we have a motion on this item? Commissioner Gonzalez: I made a motion on it. Vice Chair Spence -Jones: Okay. Do we have a second? Commissioner Sarnoff. I think there was. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Madam Clerk, you got everything? Okay. Priscilla A. Thompson (City Clerk): I'm sorry. I can't hear you very well, and I'm not hearing -- Vice Chair Spence -Jones: Okay, no problem. Ms. Thompson: -- so if you could speak a little louder for us. Thank you. Vice Chair Spence -Jones: We had a motion, and we had a second. Ms. Thompson: Your mover was? Commissioner Sarnoff. Commissioner Gonzalez -- Ms. Thompson: Thank you. Commissioner Sarnoff. -- second by Commissioner Sarnoff. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Mr. Aluko: Thank you. Vice Chair Spence -Jones: All right. This item passes. [Later..] Vice Chair Spence -Jones: We move to RE.3. Priscilla A. Thompson (City Clerk): Madam Chair, ifI might, andl apologize. I want to make sure that on RE.4 -- on RE.4, I have legis -- I have a substitute. I have an item that's saying there was something substituted. I'm trying to make sure that that resolution was supposed to City of Miami Page 55 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 have been passed with modifications. Vice Chair Spence -Jones: Mr. CIP Director. Mr. Aluko: Madam Attorney, couldl have your assistance, please? There was a substitute. There was a verbiage change in the list of projects. It was my understanding that the substitute was presented to the Commissioners. Julie O. Bru (City Attorney): I think that there was some word that was used to describe intended or something like that -- Mr. Aluko: Yes. Ms. Bru: -- that just didn't make sense, and it was just deleted. It was just form. It wasn't anything substantive. Ms. Thompson: Thank you. Mr. Aluko: Thank you, Madam Attorney. Vice Chair Spence -Jones: No problem. RE.5 08-01400 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC.IN SUBSTANTIALLY THE ATTACHED FORM. 08-01400 Legislation.pdf 08-01400 Exhibit.pdf 08-01400 Exhibit 2.pdf 08-01400 Exhibit 3.pdf 08-01400 Summary Form.pdf CONTINUED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, and was passed unanimously, to continue item RE. 5 to the Commission meeting currently scheduled for May 14, 2009. Chair Sanchez: All right. Now on the regular items for the Commission meeting, are there any items that the Administration or anyone here that would like to either continue or withdraw, please come up and state your name and address for the record and make your request. Jeff Andres: Jeff Andres, Clear Channel Outdoor. We'd like to request a -- Mr. Chairman, a 30-day deferral. Chair Sanchez: All right. Madam Clerk, that 30-day would be for the --? Priscilla A. Thompson (City Clerk): That would be on the meeting of May 14. That would be our next regular meeting. Don't forget -- Chair Sanchez: Yes, regular -- City of Miami Page 56 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 RE.6 09-00296 City Manager's Office Ms. Thompson: -- we moved this out -- Chair Sanchez: -- next regular Commission meeting. Ms. Thompson: Right -- Chair Sanchez: All right. Ms. Thompson: -- May 14. Chair Sanchez: Need a motion -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- to continue to May 14. Motion by the Vice Chair. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. No discussion on the item. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, just wanted to state for the record that I do support the deferral because there are certain things that we would like to also review with the item, issues as architectural features and issues of compensation, so I welcome the deferral. Chair Sanchez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH MODIFICATION OF THE LEASE AND DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE BETWEEN THE CITY OF MIAMI ("CITY") AND PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), FOR THE PURPOSE OF GRANTING PARROT JUNGLE A FORTY EIGHT (48) MONTH DEFERMENT OF MINIMUM ANNUAL RENT IN THE AMOUNT OF $400,000, FOR AN AGGREGATE AMOUNT OF $1,600,000, AND ANY PERCENTAGE RENT DUE FROM APRIL 1, 2009 TO MARCH 31, 2013 (THE "DEFERRED RENT"), WITH PARROT JUNGLE TO PAY THE DEFERRED RENT ON OR BEFORE DECEMBER 31, 2020; THIS DEFERRED RENT WILL (1) ALLOW PARROT JUNGLE TO RETAIN A MINIMUM OF FOUR HUNDRED (400) EXISTING FULL-TIME JOBS, (2) SECURE THE CITY'S INTEREST AND OBLIGATION UNDER THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN MADE TO PARROT JUNGLE, AND (3) PROTECT THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT City of Miami Page 57 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 FUNDING; PROVIDING FOR A RENT ABATEMENT UNDER CERTAIN CONDITIONS; WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID MODIFICATION. 09-00296-Legislation-SUB. pdf 09-00296-Exhibit-SUB. pdf 09-00296 Summary Form.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-09-0178 Direction by Vice Chair Spence -Jones to the Administration to meet with Grady Muhammed to discuss events involving the Osun project that have contributed to her concerns regarding this project. Direction by Vice Chair Spence -Jones to the Administration to look at other creative ways for the City to access the facilities at Parrot Jungle. Direction by Vice Chair Spence -Jones to the Administration to provide a report to the Commission on the outreach provided to small businesses for the opportunity to provide goods and services to Parrot Jungle. Chair Sanchez: RE. 6 and RE. 7, correct? All right. Let's take up RE. 6. Madeline Valdes (Acting Director): Morning. Madeline Valdes, Department of Public Facilities. RE. 6 is a resolution authorizing the City Manager to execute a fourth modificatin to the lease and development agreement between the City and Parrot Jungle and Gardens of Watson Island for the purpose of granting Parrot Jungle a 48-month deferment of minimum annual rent in the amount of 400, 000 and percentage rent due from April 1, 2009 to March 31, 2013, with Parrot Jungle to pay the defer rent, inclusive of percentage rent, by December 31, 2020; further authorizing for a rent abatement, except for $800, 000, if Parrot Jungle pays their HUD (Department of Housing and Urban Development) loan by August 1, 2020. The remaining 800,000 would be due in full by December 31, 2020. Chair Sanchez: All right. Okay. Ms. Valdes: Are there any questions? Chair Sanchez: Hold on. We're going to need a motion and a second. Is there a motion? Commissioner Gonzalez: Motion on the item. Chair Sanchez: Okay. We have a motion by Commissioner Gonzalez. Second? Where did all the Commissioners go? This is going to be an item that the Commissioners will all be here for. As the Chair, I set the rules, and we will have five Commissioners to vote on this item. Okay, so is -- okay. All right. We're on RE. 6. Okay, let's have a motion and a second, and then we'll open up for discussion. We'll open up for the -- well, it does not require a public hearing. Grady Muhammad: I've registered to speak specifically on this item, Mr. Chair, and it deals with federal funding. Chair Sanchez: All right. Point -- okay, need a motion. There's a motion -- City of Miami Page 58 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Gonzalez: I move it. Chair Sanchez: -- by the Chair -- by Commissioner Gonzalez. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. The item is open for discussion. Before we open it for discussion, anyone from the public wishing to address this item? Sir, you're recognized for the record. Mr. Muhammad: Good morning, Mr. Chairman, Commissioners. Grady Muhammad, representing Muhammad Mosque number 29, Nation of Islam. I'm in support of the item. As I told Mr. Laverne, I've always supported the Parrot Jungle Island The question that have is actually two fold questions. Hopefully, we could potentially look at helping Edison Plaza because they get Section 108 dollars from the City. And a big anchor store, Jorge & Jerry's, 70 jobs, closed down over two months ago, and hopefully, we could potentially look at where any -- How couldl say it? -- anchor supermarket close down, then the whole shopping center closes down. That was the anchor supermarket for Edison Plaza. Hopefully, we can be able to potentially work with the developer to likewise get some of the assistance. And the second thing that have is on CDBG (Community Development Block Grant) 2005, the Osun Village project. Muhammad Mosque number 29 was approved for $90, 000. Somehow there's been no changes, but we was dropped from that project. We've spent monies and we've -- I've e-mailed (electronic) the attorney, the Manager, the Commissioners because I'd like to find out what's the status. According to Mr. Leroy Jones, what he told me, the Commission gave it to NANA (Neighbors and Neighbors Association). He's given it to KDI (Kwaku Designs International). I don't know how we can give a nonprofit organization the funding and the fiscal management, and then they subcontract it out to a for profit entity. And that is my question because, again, Muhammad Mosque number 29, in September 22, before you came, Commissioner, was part of the deal, and somehow, according to Mr. Leroy Jones, we was dropped 'cause he said Mr. Holland and Mr. Woodard are the ones who pick who's going to be in the Osun Village. Well, we was in the original deal. How now we was taken out? And they're not the contractors. Neighbors and Neighbors are the contractors. Thank you. Chair Sanchez: Thank you. Anyone else from the public? If not, the public hearing is closed, coming back to the Commission. Discussion. Vice Chair Spence -Jones: Okay. Let me -- let's first address the two issues that Mr. Muhammad mentioned. Let's deal with the first issue, and CD (Community Development) should be still here so we can address one of them. That was going to be my question in reference -- of course, I support Parrot Jungle and all the jobs that it provides. I believe the majority of the jobs come from our districts that have -- Gonzalez -- been affected the most with not having jobs, so that's not even an issue. And I'm understanding that the public benefits or the community benefits are now going to increase, so we'll have the ability to utilize the facility -- the City will -- for annual events, especially since we no longer have venues to do some of the things that we need to do in the City, so I think this is going to be great. That was going to be one of my questions. I understand that dollars are being taken from the general fund -- is that correct? Just correct me. Contingency -- Larry Spring (Chief Financial Officer): Different item. This is a different item. Vice Chair Spence -Jones: Okay. So I'm going to hold my thought on that. Mr. Spring: This is the renovate -- It's the next item, yes, but you can say it now. I mean -- City of Miami Page 59 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Vice Chair Spence -Jones: Okay. --from contingency of general fund to address this overall issue. And like Mr. Muhammad mentioned, you know, I have been working behind the scenes with the Manager regarding trying -- and CD to address the 70 jobs that have been lost as a part of the overall Edison Plaza shopping situation, which is in the heart of the neighborhood. Two separate issues. They have absolutely nothing to do with each other, but the reality is, you know -- I'm just telling you from a perception standpoint -- we make all of these adjustments for mega projects, but the neighborhood projects that really provide bread and butter on the table for people in the community is not happening. Now, so that you know -- because I don't like for stuff to be said in the public forum without having all the information and data -- we have been working along with the developer of that plaza to try to figure out what needs to -- what needed to be done to save those jobs to make sure the grocery store did not close. Unfortuatnely, the paperwork, to my understanding, had not been turned in or had not been handled -- completely handled. George Mensah (Director, Community Development): Commissioner, let me -- Vice Chair Spence -Jones: So I'm going to turn it over to you, George, 'cause I think it's important to not put things out there without having all the information. Mr. Mensah: George Mensah, director of Community Development. There're two statements that was made. One was the fact that in Edison Plaza there's a Section 108 loan in it. Yes. There's a Section 108 loan of about $7.5 million, but it comes from the County, not the City. The City doesn't have any Section 108 loan in it. The City have a regular CDBG loan of I think, approximately a million dollars. However, before the Neighbors and Neighbors grocery store closed, we were working with them to try and make sure that we save those jobs. The developer - - the owner decided that, you know, he just go ahead and just went out of business. Yesterday the County and my office met with the developer to assess what is going on. (UNINTELLIGIBLE) inform us that he has potential of bringing in a new grocery store -- Vice Chair Spence -Jones: Grocery store. Mr. Mensah: -- in that particular location. We'll be coming to you to amend some of the contract terms that we have with them. The County has already amended their contract terms. They're in default with us because they have not started paying their loan, so we'll be coming to the Commission to allow them a chance to be able to work out the problems that they have so that they can rent the space. So we're working with them to make sure that that do happen. [Later...] Vice Chair Spence -Jones: So I just want to be clear because, you know, again, I want to make sure it goes back into -- the information goes correctly back into the neighborhoods. So the CD Department, along with the County, have been working together to address the issue of the developer -- Mr. Mensah: Of Edison Plaza. Vice Chair Spence -Jones: -- and what has happened and not to only mention that the loan itself, the Section 8 loan, was not a City ofMiami issue; it was really a Miami -Dade County issue, so the same -- the two things really don't apply from that perspective. But know this, before the grocery store closed, I know that we worked night in, you know, day out trying to figure out what we could do to save it, just like, I'm assuming, we're trying to do from the Parrot Jungle perspective, so that was one part of it. The other comment that was made on the record, which I think is extremely important to address, is the KDI situation regarding Osun Village. It was communicated -- no. It did -- yes, it did happen before I got in office, but the project continues to -- it's a major facade project that we have happening in the district and it continues to move. I City ofMiami Page 60 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 think one of the issues that came up -- andl'm not really sure how it came up or why, but as a part of the CDBG dollars that monies could not be used for church- or religious -type facilities. That was the communication that was given as a part of it, and l just want to make sure that that was the statement -- Mr. Mensah: That's correct. I mean, the CDBG regulations prohibits using of federal funds in predominantly -- a church facility, and unless the facility is being used to -- is accessible to the general public for some other activities, and once you hold services there or any type of activity there, we can't help you. Like you indicated, this project was started a long time ago, and at the time when it was started, they had a certain amount of money. The County was supposed to put in some money. What happened was that based on the monies not being enough to do everything, they removed some of those projects that were part of it, and one of the ones that was -- got removed was the Mosque because the -- that didn't fit into how we can use CDBG dollars. That's my understanding. Mr. Muhammad: We have a 501 (c)(3) non-profit PLDI (Programming Language Design and Implementation), sir -- Mr. Mensah: It doesn't matter -- Mr. Muhammad: Sir, if Catholic Services -- if Catholic Charities or if Gulf Coast Jewish Services of Jewish services, 501(c) (3)s or CDCs (Community Development Corporations), which is what we are -- andl'm not talking about the Mosque, sir -- we have a for -profit business. Commissioner Winton, prior to him coming, addressed that specific issue. The PLDI, which is the 501(c)(3) non-profit organization that is controlling the property, how can the money not go to PLDI when we give it to Jewish services, we give it to Catholic Charities? That is the question. The Mosque is a tenant. The bookstore is a for -profit entity. That is the entity that was getting the money, not the Mosque, sir. So if we're now going to talk about discriminating against a non-profit organization that is a tenant, that we have Catholic services and Jewish services that have 501(c) (3) organizations, then we have to be able to analyze and ask -- and if we use general funds for other things, we should look at using general funds for this as well. Thank you. Vice Chair Spence -Jones: Okay. And I'm just going to close out on this issue. I just think -- I thought that it was important to at least address the issue that was brought up by the public regarding this issue. I'm going to ask for Mr. Muhammad and Mr. Mensah to at least sit down to figure out what the situation was regarding the Osun project. I do know that -- and have had conversations with Mr. Mensah. I have big concerns about the project at this point, just the delivery and you know, whether or not it's actually moving the way that l feel that it needs to be moving in the district. So I've asked already George Mensah to sit down with us to -- I don't -- Mr. Muhammad: It was subcontracted out from -- the City gave it to Neighbors and Neighbors, and, unfortunately, Neighbors and Neighbors -- the City does not have no contract with KDI, Neighbors and Neighbors has subcontracted to KDI. I don't know, Madam Attorney, whether that is allowed, but the City gave or made Neighbors and Neighbors the fiscal agent and gave them the $500, 000 to be over the project manager. They have since subcontracted out to KDI. I don't know whether that's allowable. Vice Chair Spence -Jones: Right. To my understanding, Ms. [sic] City Manager, I think before that it was -- it even happened -- and again, this is all predates me -- that -- George, you want to speak on it? I don't -- we're on another subject item right now, so -- andl don't -- we -- I'm just going to ask that Mr. Muhammad and Mensah sit down to work out whatever the issues are, but I do want to officially put on the record that have issues and concerns with the KDI project not moving. Andl know, Ms. Blondet, we've been talking about it -- Lillian, right? -- for a minute trying to figure out what needs to happen. Mr. Manager, if we can take time during lunch to City of Miami Page 61 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 address this issue, I really would appreciate it, but -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- we need to get back to what we're here to vote on. Chair Sanchez: All right. Vice Chair Spence -Jones: All right. Chair Sanchez: Okay. Let's get back to Parrot Jungle, all right? We're still under discussion on Parrot Jungle. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I think that both items are related, so Larry, the money and the rent abatement, it's all government money. So the first thing that Congress asks -- just not to be surprised -- is salaries of executive, bonus, and number of employees because this is all about retention of employees. So just not to be surprised, the executive salaries, bonus, are you aware of salaries of the executives, any bonuses; are you -- have you seen the books of the financial statement of Jungle Island? Do you -- can you provide this? Do you know would they be able to come up and say on the record -- because, after all, this is the people's money? Ms. Valdes: Commissioner, every year we receive their audited financial statements. Yes, we do review their financial statements. We also did some due diligence and required them to provide the highest paid -- the top five, highest paid employee salaries, and we have that information. The range is anywhere between 70,000 and 116, 000, so we did retain that information from them. And we did review the pro formas. So with all due respect, when we did review their pro formas, we found that they, in fact, have a hundred -- 603 employees that they have -- are working for them. Out of that number, they have 163 that are residents of the City of Miami. Commissioner Regalado: Are we talking part-time, full-time? Ms. Valdes: Yes. Part- and full-time employees. Commissioner Regalado: And the budget for employees is like how much? Ms. Valdes: The -- we did get a number, and it's about 4,018,000 for salaries that includes part-time and full-time and contract employees. Commissioner Regalado: And contract employees. Okay. In terms of the executive bonus increases -- Ms. Valdes: We have $20, 000 that they've shown as bonuses specifically for some events that took place, and that's it. And the main partners for the Jungle do not retain a salary from Parrot Jungle. Commissioner Regalado: Do not? Ms. Valdes: Do not. Commissioner Regalado: Do not. In terms of community outreach, what do we know? Can somebody tell us about community outreach in terms of use of the facilities? Ms. Valdes: I'll ask Ronnie Krongold to come up and explain that. City of Miami Page 62 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Marshall Ronnie Krongold: My name is Ronnie Krongold, at 130 South Hibiscus Drive. I'm one of the owners, along with Bern Levine and Mary Levine, of Jungle Island. First, before I start with the answer to your question, I want to, in front, thank each and every one of the Commissioners, but not only the Commissioners; the staff the people that worked with us, Larry Spring, and Pete, and Julie's office. Everybody has just been terrific and very thorough in obtaining the information that you requested. We've tried to be -- we have audited statements, and we've tried to be as forthcoming as we can. With regard to the Jungle, we do, one after another, public, charitable events at the Jungle, from the -- in the Jungle, which, just recently, has become a very important place to have these charitable events. What happened with the economy -- and it's fortuitous that we're here because, as you know, upstairs we have the catering facility that can hold 1,000 people, but out in the Jungle, we've had the Commissioners' party for the Super Bowl. We've had the Marlins hosted there when they won the pennant. We've done Mourning's charities there. We've done just one charity after another, but now what's happened is where people used to do 500 and $1, 000 person dinners, that's no longer available. As you see, most of the charities -- andl do an awful lot of charitable work, as the Jungle does -- and we're finding that the charities are off as much as 35 percent. So what's happened is we're a great place to come to have a charitable event because instead of spending 500 or $1,000 a plate, what they're doing is they're coming and they're fitting into our point price, and we're doing more and more things in the Jungle where the charity is doing a barbecue, silent auctions, and then possibly, less -inexpensive dinner up in the Jungle, up in the catering facilities, so we're being inundated with these new type of -- we did them before, but these type of events are now becoming more and more prevalent. So for the various charities, we've become an important place to go. With regard to other uses of facilities, our facility with regard to the qualifications of the kids with their -- the test they have to take every year, qualifies under science, so we're seeing somewhere between 50, 75 to 100,000 Dade County school children every year at the Jungle. We just participated in the wine and food festival. We had it for the children and for healthy food, and we had the head of the South Beach Diet there. We had Rachel Ray there. We had just a number of the different famous chefs all talking about how to eat healthy. We had probably 11 -- 6 to 7,000 people that came to the Jungle for that event. Also, on Easter time we do an Easter event. We hope to see 11, 000 people for that event. So the -- we just had an event for a charity called JAFCO (Jewish Adoption and Foster Care Options). The JAFCO charity is a charity that supports children that need to be adopted. They're coming from abused homes. We had 600 people in our ballroom. I can -- I mean, I could go on and on and on and on. So the facility is really being used for exactly what we said it was going to be when we started with, at that time, Parrot Jungle. As far as tourism, tourism -- we happen to be up in January and February, but we are seeing -- and we're responsible, we're told, for over 2,000 room nights within Dade County, so we're fulling the requirements along with the job requirements that was our -- that was what we were supposed to do, and we're doing it. Commissioner Regalado: With these two items, can you guarantee that you will be viable? Mr. Krongold: Well, guarantee -- we have guaranteed that. We've guaranteed it by -- and I'm not using semantics because I want to get to the point. First of all, we've guaranteed the HUD (Department of Housing and Urban Development) loan and we've guaranteed the loan of HSBC (Hongkong and Shanghai Banking Corporation), so both loans are guaranteed. Also, we've guaranteed it by investing over $25 million of our own capital, and if you put whatever number you want into the Jungle as far as the worth, but if you say 40 percent or 30 percent of the entire cost and then 30 percent of the value of the Jungle the principals have put in in equity, that, in itself, shows good faith and a guarantee that we intend to be here for a number of years. In addition to that, HSBC has agreed to extend our mortgage because our mortgage actually became due January 9 with them. They're going to extend our mortgage, and they're helping us with the -- by reducing the principal payments, so we'll have additional principal to make the payments that we have. And along with what the City's doing, I feel very, very safe in saying that that's going to be a guarantee -- that payment's going to be made. Those payments are going to City of Miami Page 63 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 be made. Commissioner Regalado: Thank you, Mr. Chairman. Chair Sanchez: Okay. Commissioner Sarnoff. Commissioner Sarnoff. These are your financials, correct? Mr. Krongold: I -- we gave the City audited financials for every year, including, I think, 2008, so if you're holding up the audited financial statement, that's the audit financial statement. Commissioner Sarnoff. You know, we find ourselves between a rock and a hard place because there is no good decision to make here today. If we do nothing, we'll pay off $21 million of a HUD loan. If we do something, we may be supporting a business model that simply cannot work based on the debt structure. But in addition, if we do something, we set a dangerous precedent. We set a precedent that we go into our general fund for certain issues. I was outside just before this meeting and I think one of your favorite places, the Miami Museum -- Miami Children's Museum approached me saying, "1 need $400, 000, " andl said, where do you propose that we get it? And they said, 'your general fund "Andl said what about all those stimulus dollars you got? Now, I think I'm probably privy to more of the stimulus than almost any Commissioner here because it tends to flow through the MPO (Metropolitan Planning Organization), andl think you'd all be disappointed to know how much you're getting in stimulus or how little you're getting in stimulus. With all that said, I want to dive into this a little bit, Mr. Krongold, andl want to dive into this a little bit with the City. I do understand the structure of the deal, andl think it's important we put the structure out there to the general public. However, I want to go very, very deep for a moment and then come up a little bit. Everybody's talking about jobs, so what I did was I looked at your financials. You have approximately $4 million of payroll. One -- Mr. Krongold: Actually, the payroll is $6 million. Commissioner Sarnoff. I looked at it, and we went through it, and we were able to project a little over 4.1 million. Mr. Krongold: Okay. But it -- but -- Commissioner Sarnoff. IfI -- and ifI do that andl just reduced your top six wage earners, 116, 000; 106, 000; 103, 000; 83,000; 67,000; and 77,000. It's about $552,000. I reduced that. I come to approximately $3.5 million, give or take 50. I then take your 603 jobs -- andl believe it's these folks right here -- andl just do a little bit of a, you know, division, andl come up with a little over between 5,500 to $5, 800 per job. So obviously, they're not well paid jobs, but it's a job. But I don't want anybody deceiving themselves into saying, you're going into your general fund for $800, 000 for approximately between 5 and $6, 000 jobs, and it may be that we need to do that. The other thing want to visit with you is your debt structure because, apparently, we have a HUD loan of I believe, 23 -- $24 million that the City has been paying on, correct, Mr. Spring? Mr. Spring: Larry Spring, chief financial officer. That HUD 108 loan is a loan that the Miami -Dade County is the lead agency on. It is participated with the -- by the City to the tune of 80 percent. The City and the County have been making the payments pursuant to the prior amendment. Commissioner Sarnoff. Well, let me just under -- it's the obligation of the Jungle, but we're making the payment. Mr. Spring: We entered into a deferment agreement till 2012, so -- City of Miami Page 64 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Sarnoff. This is our fourth amendment, correct -- Mr. Spring: Yes, sir. Commissioner Sarnoff. -- that we're being asked to go into the Jungle? Mr. Spring: Yes. Commissioner Sarnoff. On our third amendment, we agreed to pay the HUD loan. Mr. Spring: Our second amendment. Commissioner Sarnoff. All right. Point being that the theory we were told then was look at all the jobs that were created. Fair enough? Mr. Spring: Fair enough. Commissioner Sarnoff. All right. Then we have -- andl believe the HUD loan is primary. That's the first -- Mr. Spring: No. The HSBC loan is the -- Commissioner Sarnoff. Is the primary? Mr. Spring: -- first mortgage. Commissioner Sarnoff. All right. So we have 11,100, 000 of an HSB [sic] loan, correct? Mr. Spring: Correct. Commissioner Sarnoff. And now they're going to increase that to $15, 715, 000? Mr. Spring: No. Commissioner Sarnoff. That is wrong? Mr. Spring: That is wrong. Commissioner Sarnoff. I'm looking at their term sheet. Mr. Spring: They're mod4ing a $15 million original principal loan that has an out -- a current balance of $11 million. That's -- Commissioner Sarnoff. Right, $11, 036, 614. Mr. Spring: Correct. Commissioner Sarnoff. And just so that everybody understands that, the City is taking its $800, 000, they're taking the addition between 11 million and 15 million -- rounding it out -- and they're going to pay off -- Mr. Spring: No, no, no, no. If you -- yeah. Can you --? Mr. Krongold: Our original loan, when we started, was with HSBC. When we started building City of Miami Page 65 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 the Jungle, first of all, it wasn't with HSBC. It was with Capital Bank, became Regions Bank, or it became -- I don't know. Somewhere down the line. It's now Regions. Chair Sanchez: You've dealt with so many banks; you don't even know who you dealt with. Mr. Krongold: No. It's the same bank; they changed the name. They -- the -- that loan had to be increased during the construction, and it was increased by HSBC, who were a partner in the loan, to $15, 750, 000. Since that time, we have paid down almost $5 million of the loan. The $11 million number is actually 10 million something, and know it's a new term sheet, but it's 10 million something, but let's use the 10 million as the number, okay? So we've paid down almost $5million of the loan, so now what's happening is HSBC is going to fund another million dollars. We owe certain obligations. They're going to fund a million dollars. Their loan, we're going to pay that off out of this cash flow that we've developed over the next couple years. In addition to that, we're borrowing 800, 000 from you and we borrowed another 600,000 to pay off outstanding obligations that are current right now. Commissioner Sarnoff. Well, let's try it a different way because I really thoughtl understood this. Let's just try -- let's just go approach it from the taxes you owe. You owe 2.4 million -- Mr. Krongold: We owe $2.4 million -- Commissioner Sarnoff. -- in back taxes. Mr. Krongold: -- worth of real property taxes on the improvements and on the land. Commissioner Sarnoff. Okay. Mr. Krongold: Of that, we paid, March 31, approximately 600 -- 561,000 of that. Commissioner Sarnoff. So you're at 2.3 million plus? Mr. Krongold: Yes. Commissioner Sarnoff. All right. Two point three million dollars. You take -- Mr. Krongold: But let's use the -- to get closer, it's 2 -- 1.8. Okay, 1.718. Okay. Commissioner Sarnoff. Okay. Chair Sanchez: One seven. Commissioner Sarnoff. One point -- let's use one point -- let's be conservative for the taxpayers, $1.8 million. Mr. Krongold: Right. Commissioner Sarnoff. You're going to take $800, 000 from the City and pay that towards a $1.8 million back tax liability -- Mr. Krongold: Well, we're -- Commissioner Sarnoff. -- correct? Mr. Krongold: Well, we have to be careful in the way -- in effect, what's happening is we're borrowing the 800, 000 from the City. City of Miami Page 66 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Sarnoff. Right. Mr. Krongold: We are borrowing a million dollars from HSBC. Commissioner Sarnoff. Right. Mr. Krongold: Our outstanding obligation's, two million four, going to -- eventually, we're going to pay right away the taxes to the County, of which $800, 000 comes back to the City. Commissioner Sarnoff. I -- yeah, andl want to get to that. I want to make sure I'm understanding it because I thought did and, point of fact, I don't. So the $800, 000, together with the one million dollars from HSBC will pay off what was an approximately $2.4 back tax liability, which you have since reduced March 31, so that's yesterday, a day before -- Mr. Krongold: Yeah. Commissioner Sarnoff. -- to $1.8 million, so you were able -- how were you able to generate $600, 000? Mr. Krongold: We borrowed it. Commissioner Sarnoff. From? Mr. Krongold: We borrowed it from a third party, okay, that we made some pledges to. Commissioner Sarnoff. Okay. Mr. Krongold: It's not a mortgage, though, or a lien on the lease or the -- on any of the equipment. Commissioner Sarnoff. So the principals were able to raise -- Mr. Krongold: That's right. Commissioner Sarnoff. -- $600, 000 to pay off that particular obligation? Mr. Krongold: Right. Commissioner Sarnoff. So the point of why this is a satisfactory deal to the taxpayers is because once you pay the $1.8 million, the City gets back 40 percent of that in terms of taxes immediately? Mr. Krongold: Yeah. The way the tax bill breaks down on the 2.4 million -- and it's not -- I'm not being precise, but I'm rounding, okay? Commissioner Sarnoff. I understand. Mr. Krongold: -- about a third of it goes to the County, a third of it goes to the City, and a third of it goes to the School Board, so if you divide that -- and there's some that goes to the (UNINTELLIGIBLE), but if you divide it by three -- Commissioner Sarnoff. It's close to satisfying the $800, 000 that will come out of our reserve from the general fund City of Miami Page 67 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Krongold: Should go right back in. Commissioner Sarnoff. All right. Then -- Chair Sanchez: It's 800 more. Commissioner Sarnoff. Excuse me? Chair Sanchez: It was 800 more they paid back. Commissioner Sarnoff. Right. Then -- Chair Sanchez: Sixteen thousand for the next four years per month. Commissioner Sarnoff. Right. I'll get to it. I'm not as quick as you. So the -- so then the 800,000 you've taken from the general fund, you're then going to pay back at 16,000 per month for approximately -- Mr. Krongold: Four years. Commissioner Sarnoff. -- four years. All right. Then you're asking for a rent abatement. You were previously paying approximately 600,000 per year? Mr. Krongold: Between 6 and 700, 000. Commissioner Sarnoff. Okay. And as a result of a voter referendum, you're going to have to continue to pay 200, 000 per year, so your rent abatement really is an actualized four hundred -plus thousand dollars a year? Mr. Krongold: Correct. Commissioner Sarnoff. That will allow you to address more of your debt? Mr. Krongold: Correct. Commissioner Sarnoff. I noticed on some of your debt structure you have some pretty high rates comparable to where we are today. Mr. Krongold: Yes. Commissioner Sarnoff. So your HUD rate is extremely high. It's 7.63 percent. Mr. Krongold: Right. Commissioner Sarnoff. That's the feds that I think we should address with them. Your HSBC rate -- do you know what your new rate will be? Mr. Krongold: Four and a half percent. Commissioner Sarnoff. Okay. Your -- you have an unsecured note to the County of August 3, 2007, at 5 percent, in the amount of $4, 700, 000? Mr. Krongold: Correct. Commissioner Sarnoff. Have you been paying on that note? City of Miami Page 68 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Krongold: No. It's not -- we're not if default of the note, and the payments aren't -- that's part of the amount that has been deferred. Commissioner Sarnoff.. Okay. So the County has agreed to defer that? Mr. Krongold: Yes. That's -- it's already been done. Commissioner Sarnoff.. Okay. Then you have another unsecured note to the County ofAugust 25, 2003, at 2 percent, at $945,000? Mr. Krongold: That's a whole story, okay. There was -- that was an amount that -- there's a contest on the way the loan was drawn. Commissioner Sarnoff.. Right. That's -- Mr. Krongold: We settled it. Commissioner Sarnoff.. -- when they drew down on the loan immediately -- Mr. Krongold: Yeah. Commissioner Sarnoff.. -- and -- okay. Then you have a one, two, three note to the County, unsecured, noninterest-bearing note ofAugust 21 that you're to pay ten annual principal payments of 150, for the total amount of $750, 000. Mr. Krongold: Actually, that note is being paid by them, as long as we're current. They -- we don't pay that note; they pay it. Commissioner Sarnoff.. You don't pay that note? Mr. Krongold: No; they pay it. Commissioner Sarnoff.. So the County has given you that money or --? How does that work? Mr. Krongold: It's not really given us the money. That's part of that -- it was two million five. The nine hundred thousand that you're referring to was part of the settlement of an interest factor. Commissioner Sarnoff.. Okay. Then let me move on to your term sheet, and prefer actually, Mr. Krongold, if the -- George Mensah could come up. Everything we're doing is predicated upon a term sheet, correct? Mr. Mensah: Yes, Commissioner. Commissioner Sarnoff.. But for other folks, much smaller folks, we don't allow them to give us commitments; we actually go to a closing where everything happens simultaneously, correct? Mr. Mensah: Yes. The -- I spoke to the City Attorney's Office, and they said that's -- that was simultaneously in case of this particular transactions is difficult because they all cannot occur at the same time. So we went a step further and instead of using the word "simultaneously," we are requiring that the first loan should be closed, evidence of funding the first transaction occur before this transaction takes place. Commissioner Sarnoff.. Well, my contention of doing this with a term sheet, if you just read the City of Miami Page 69 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 language of the term sheet, here's what it says. It says, the term sheet is intended to facilitate discussion regarding the possibility of making the loan, and neither this term sheet nor any discussions between the parties constitute an agreement, offer, or legally binding commitment by the lender. The term sheet does not purport to summarize or contain all conditions, covenants, representations, warranties, and other provisions which can be contained in definitive legal documents. The term sheet has not been received -- has not yet received all necessary committee approvals of the lender. I could go on reading. Mr. Krongold: Let me, ifI might, explain this situation, andl think that you'll be satisfied when I get all done. Commissioner Sarnoff. Okay. Mr. Krongold: HSBC and Regions Bank, as I said, now has a mortgage for over $10 million. You show it as 11 million -- some $10 million. That mortgage actually came due January 9, so -- but we've never received any default letters because we've been working through -- and as I started -- when I started, I complimented the City -- we've been working through it with your CFO (Chief Financial Officer) and so forth, and they're here now, HSBC. What they've agreed to do is they will lend us the money that we have outstanding right now. In addition to that, they'll lend us, on a short term basis, the million dollars to pay the taxes. The qualification -- and the only real qualification that changes in this term sheet from the -- what's in their existing documents -- within reason. I mean, there's a few little things -- is that, one, we get the City's approval to abate the rent for the -- defer the rent for four years, and two, we get the loan for $800, 000, so together with the 600,000 we borrowed and the million dollars they're going to give us, we can bring the taxes current. So the minute we do that, they bring the taxes current. With regard to the term sheet opposed to a commitment, they are actually doing us a favor. We're going right to closing because if we didn't go to closing, I'd have to pay a commitment fee, okay; and in order to avoid the commitment fee, we're going right to closing on the term sheet, and if you see, just to be safe, they said -- it's a little confusing there because it says, well, you got 90 days to close. Well, we're really -- and then it says we're closing April 30, so it's not actually going to be simultaneous. What's going to happen is, hopefully we're going to pass this ordinance today, and then within three days or so we'll have $800, 000 to pay the taxes, okay, and -- so the money can't go anywhere else. The money's going to go to the taxes. We'll have the million dollars from them to pay the -- Commissioner Sarnoff. Well, let me ask -- Mr. Krongold: -- two million four, and then, okay, we're going -- they will close on their loan for the $10 million. Commissioner Sarnoff. Let me -- Mr. Krongold, are you a lawyer? Mr. Krongold: Yes. Commissioner Sarnoff. What protections do I have of the citizens' money to ensure that our $800, 000, plus your one million dollars get's paid directly via to the County for the -- Mr. Krongold: Well -- Commissioner Sarnoff. -- outstanding --? Mr. Krongold: -- one thing is -- one thing, we have no problem whatsoever -- Commissioner Sarnoff. Right. City of Miami Page 70 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Krongold: -- on taking that check at the time (UNINTELLIGIBLE) getting it, endorsing it right over to the County. I mean, that's the purpose. Commissioner Sarnoff. Would you allow a third -party escrow to do that? Mr. Krongold: Yeah. I don't -- we don't care how you do it. We just don't want to -- we don't want to cause any more expenses. Commissioner Sarnoff. You don't want to cause -- Mr. Krongold: We don't care. Commissioner Sarnoff. -- delay, I get that. Mr. Krongold: Yeah, okay. Commissioner Sarnoff. But on the other hand, put yourself in my shoes and a lot of people -- I'm not saying you -- Mr. Krongold: Yeah. Commissioner Sarnoff. -- come before this Commission and make a great many representations that we rely upon that somehow later on could embarrass us later. I'm not saying that's you, but it is a lot of money, and you're -- we're about to set, like I said, a very significant precedent here today. Now, it pay be a wise decision to do it, but others in the community and others in a less advantageous position as you are going to say, but Commissioner, you did this for somebody else. Now, if I'm enticed into doing this -- and like I said, I think we're between a rock and a hard place -- how can I absolutely ensure the $800, 000 -- and I call that a precious $800, 000 because that's not somebody else's money. This is directly out of the taxpayers' wallets from the City of Miami. How do I ensure that $800, 000 goes directly to pay the back taxes which then directly reimburse the City the 800,000 again? What legal method can I employ -- I have a couple in my mind -- but what legal method can I employ to ensure that happens? Mr. Krongold: I don't think there can be anything -- first of all, we will do anything that, within reason, the City and the City Attorney and the CFO require of us. That's the first thing. So that's a blatant we're going to -- I don't think there can be anything stronger than the day that the check is issued -- as the check's issued, we sit there, endorse the check over to the County, okay - - to the tax collector. We can -- you can bring the check with us -- even better, bring the check to the tax collector's office, and we'll endorse it and pay it right then and there. So that's it. Commissioner Sarnoff. Well, let me ask the City Attorney what can I do, as a Commissioner, to ensure that no Commissioner here ends up on any front page of anything? Julie O. Bru (City Attorney): We could make the check payable directly to the taxes. Commissioner Sarnoff. And would that be -- Ms. Bru: The County. Commissioner Sarnoff. Okay. And then the -- that would only pay -- that would only take care of 800,000 of a 1.8 million liability. How do I ensure the transaction happens simultaneous with the one million dollars? Ms. Bru: What you're asking for, I think he's already said that, you want the Jungle to show that they've been able to refinance before we lend them the $800,000 and give them the rent deferral. City of Miami Page 71 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Sarnoff. Actually, I think it's a condition precedent. I think what they're saying is they need to -- I haven't figured out how he's getting his one million yet. Mr. Krongold: We're getting a million dollars from HSBC. Commissioner Sarnoff. But you're going to have to get that before the taxes are paid because that's part of your tax payment; am I --? Mr. Krongold: Yeah, but they're going to do the same thing you are. Commissioner Sarnoff. Which is? Mr. Krongold: Okay. They're going to lend us the million dollars, but then they're going to -- they'll write the check to us; we'll endorse the check to the tax collector. In other words, they want to see that million dollars -- they're -- Commissioner Sarnoff. Is HSB [sic] up there? Are they --? Mr. Krongold: They're right here. Commissioner Sarnoff. Can I speak to the attorney or the --? Mr. Krongold: No. Well, this is Chris White. He's executive vice president of HSBC. Commissioner Sarnoff. Okay. Mr. White -- Chris White: Good morning. Commissioner Sarnoff. -- what legal method are you going to employ to ensure the one million dollar check -- and I don't know if you're writing that check -- I assume you're writing it to Jungle -- Parrot Jungle and Gardens of Watson Island Inc; andl assume then you're going to maintain entire custody and control of that check once they endorse it and walk it over to the County? Mr. White: I'm not an attorney, but we will certainly be represented by counsel who'll make sure that it's done. We're not lending the money for any other reason for -- Commissioner Sarnoff. I understand that. Mr. White: -- the payment -- the million dollar payment of the taxes. Commissioner Sarnoff. I understand that. But there are lawyers in this room, and this lawyer here knows how to do it, and I'm just surprised the other lawyers are not telling us how to do this, and it could be done through an escrow agent. Mr. White: Yes. Commissioner Sarnoff. And I'm not understanding why there's not an escrow going on. Am I wrong? Mr. Krongold: We'll -- we can agree -- Commissioner Sarnoff. You'll agree to the escrow? City of Miami Page 72 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Krongold: Of course. Commissioner Sarnoff. Okay. Mr. Krongold: Whatever -- we put in $25 million into this deal. We're not walking away with the two million four. Commissioner Sarnoff. No. I -- Mr. Krongold, I understand. And I understand you're not the person that would do this. Mr. Krongold: Yes, yes. Commissioner Sarnoff. On the other hand, this Commissioner -- Mr. Krongold: No. I appreciate what you're saying. We'll do it, okay? Commissioner Sarnoff. But understand that this Commission [sic], and especially the one sitting on my left, is probably going to be berated by others coming before her that said you've invaded the general fund once before; and she's going to have to explain to a great number of people, as I will too, that the 800 was coming right back to us, and we employed safeguards to ensure that that money was coming right back to us. Mr. Krongold: Al Dotson just reminded me of something. Al -- Holland & Knight, the law firms, going to be the closing agent for HSBC. With your approval, we'll make them the -- Commissioner Sarnoff. The escrow agent? Mr. Krongold: -- escrow agent. Yeah. Commissioner Sarnoff. And can we put an escrow instruction in there, Madam City Attorney, that the funds can only be used and directed to -- you're saying no. Ms. Bru: I would like to ask for a recess, please. I'd like to discuss an issue that just came up. If you could table this matter for -- Chair Sanchez: All right. Ms. Bru: -- a minute -- Vice Chair Spence -Jones: Okay. Can we talk about some other things while you do that? Chair Sanchez: No, no, no, no, no. This is getting a little bit more complicated than what it was, so let's go ahead and take a recess, it allows us an opportunity to -- let's take a 15-minute recess. We'll come back. We're going to work till 1: 30 and -- Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: -- then we should be over. Yes. Commissioner Gonzalez: In order to expedite the agenda, why don't we take the boards -- Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: -- while they're discussing their -- City of Miami Page 73 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Vice Chair Spence -Jones: Andl -- Commissioner Gonzalez: -- items? Vice Chair Spence -Jones: Yeah. I mean, exactly. They can -- and not only that, I mean, I had addit -- Chair Sanchez: All right. Listen, let's table the item. Let's take up the boards. Let's do the boards and come back. I just want to know if there's a cost to the escrow. And if we could do it just by writing the check to the property -- the County property [sic)? Vice Chair Spence -Jones: Mr. Chairman -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- I did have some other questions on this issue, but -- Chair Sanchez: We -- we'll get back to that. Vice Chair Spence -Jones: -- I will table -- they had nothing to do with the City Attorney. It's just my -- but that's fine. I'll table it, and then we'll still have longer discussions. Chair Sanchez: Well, you know, hey, listen -- Vice Chair Spence -Jones: That's fine. Chair Sanchez: -- we'll -- we're going to run this meeting -- Vice Chair Spence -Jones: That's fine. Let's go. [Later..] Chair Sanchez: Okay. Before we go to pocket items, let's go back to Parrot Jungle, okay? Were we able to -- Madam Attorney, do you want to start with you or City Manager or --? All right. Ms. Bru: We have discussed this, andl think that in order to guarantee that the money that is being loaned to Parrot Jungle will be utilized in a way that is appropriate and as intended by this Commission, we have agreed that we will draft the appropriate documents to provide for some sort of closing through an escrow agent that will have specific directions to that agent that the monies will be disbursed in order to pay all these obligations that we have been discussing, and that should take care of it. It will ensure that the disbursement of the $800, 000 loan from the City to the Jungle will be utilized as discussed here. Chair Sanchez: So, basically, it'll go through an escrow account with the proper directions. Is that --? Ms. Bru: Correct. Chair Sanchez: Okay. That's -- could be done that way. Mr. Spring: Larry Spring -- Chair Sanchez: You can skin a cat in many ways. Mr. Spring: -- chief financial officer. For the record, that will be an amendment to RE.7, not City of Miami Page 74 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 RE. 6. Chair Sanchez: All right. Commissioner Sarnoff, are you --? Commissioner Sarnoff. That's fine. That satisfies one of my concerns. Chair Sanchez: Okay. Anyone else? Vice Chair Spence -Jones: Yes, Mr. Chairman. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: I just have a few things. I just want to be clear. In my briefing regarding this issue, the reason why I am supporting it from my district perspective was that it was communicated to us we're looking at a $20 million liability, not only a liability -- I just want to be clear -- that this also could create a situation or a scenario where it will affect all of our other funding that we receive from HUD, and this is for projects within our district, like if there is a default regarding, you know, the housing programs that we have, regarding the small business programs; and quite frankly, you know, I need -- I know neither one of us can afford to have any issues happening with HUD at this particular time regarding any loans. So the only -- I just want to be very clear. Andl love Parrot Jungle. I think you guys are great. My kids love it, but the reality is, you know, for me it was, you know, why put the City in a situation where it's going to create a even bigger problem? So my support for this $800, 000, while I do want to make sure that if there are projects that are having issues or concerns, they're addressed as well. The current problem right now is if this doesn't get taken care of we got a $20 million problem, which affects all of our districts. So that's why I support it and that's why I'm here regarding it. As far as it being full-time or part-time employees, I'm just going to say this. In my district -- andl'm sure some of the other Commissioners can agree -- a part-time job or a full-time job is better than having no job at all. Four hundred and fifty jobs and losing them at all, to me that sends a message that we're not being responsible as well. The reality is that we need to keep as many people working as possible, so for us to make this decision today, it only makes sense, and that's another reason why I'm supporting it. The only thing that I'd like to ask, Mr. Krongold, andl would like to ask the staff to do is that -- to look at other creative ways to -- andl know that we're going to have -- is it 12 -- the ability to use the facility 12 times a year, correct? Mr. Spring: Actually, no. At this point, what we -- Vice Chair Spence -Jones: How many times --? Mr. Spring: Well, no. Vice Chair Spence -Jones: -- how is it being worked out so that the City will have the access --? Mr. Spring: The new agreement will be that all of the City -sponsored events will be offered at a dis -- at a negotiated discount rate -- Vice Chair Spence -Jones: Okay. Mr. Spring: -- so every -- all of -- you know, all of the City events. Vice Chair Spence -Jones: When you say negotiated discounted rate, what does that mean -- Mr. Spring: We had talked around -- Vice Chair Spence -Jones: -- like 20 percent off? City of Miami Page 75 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Spring: -- doing at cost -- Vice Chair Spence -Jones: Okay. Mr. Spring: -- but -- cost plus, but you know, part of this whole plan is to keep the Jungle as viable as possible -- Vice Chair Spence -Jones: I understand. Mr. Spring: -- so we don't want to leap too far down into that well. Vice Chair Spence -Jones: Right. And you don't want the City coming, every time you turn around -- Mr. Spring: Right. Vice Chair Spence -Jones: -- trying to do an event. Mr. Spring: Saying we need another event. Vice Chair Spence -Jones: I just want to be clear that that is on the record, that we would have the access. The only event that we do annually, and we just did it for the first time, is the Seniors First, which is the hurricane readiness event -- Mr. Spring: Right. Vice Chair Spence -Jones: -- which is a very important event for the seniors in my district to make sure that they have hurricane kits and they're prepared, so that's the only thing we do with you guys. But I just wanted to make sure that there was something put inside -- put aside so that all of us have the opportunity to utilize the space. The two things thatl need to make sure I added somehow or at least considered, Mr. Krongold, is the small business opportunities for vendors. I know that we've been talking about -- a lot about jobs, small -- I mean, jobs -- part time and full time, which is great, but I would like see some sort of effort being made for the small businesses regarding the vendors or any way that we can support the small businesses throughout the City ofMiami and the zones that really, really need support from the standpoint of having business opportunities. I'd like for, once this item is voted and approved, Larry and the staff to come back, for you to show us how you've made some sort of outreach to make sure the small businesses have the opportunity to also benefit from the Jungle. And then last but not least -- well, I don't know if you want to say yes on that. Mr. Krongold: Well, the way I -- I'm surprised that I have to say yes. We have complied with -- beyond that with regard to the HUD loan. Vice Chair Spence -Jones: Yes. Mr. Krongold: When we built this, we were under the requirement to make it a facility that used low- and moderate -income people -- Vice Chair Spence -Jones: Yes. Mr. Krongold: -- and also that we were very conscious of who our trades were -- Vice Chair Spence -Jones: Right. City ofMiami Page 76 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Krongold: -- and you just went through that. Vice Chair Spence -Jones: I'm not really talking about the construction of the facility 'cause the facility's -- Mr. Krongold: Hundred percent, we're -- I'm in agree with -- Vice Chair Spence -Jones: -- already done. Mr. Krongold: I'm in agreement -- Vice Chair Spence -Jones: I'm talking about the vendors that are currently operating and the people that sell you hot dogs, hamburgers, whatever. I'm talking about the vendors that operate in the business now -- Mr. Krongold: That's -- it's a yes. Vice Chair Spence -Jones: -- the smaller ones. I know, for instance, in Commissioner Gonzalez, you know, you have a lot of these warehouses and these distributors and all of these people that are in your district; I don't have a lot of them. But in that particular NDZ (Neighborhood Development Zone) zone, Allapattah would be considered, so I would want to see that some fruits are coming from Allapattah. I mean, my point is, I think that's it extremely important that we do whatever it takes to make sure the small businesses from our cities -- from our City and our areas -- Mr. Krongold: Well, most of our fish at the Jungle -- Vice Chair Spence -Jones: Yeah. It come from Allapattah? Mr. Krongold: No. Okay, but come from local purveyors. Vice Chair Spence -Jones: Okay. Mr. Krongold: Okay. We try to buy fresh fish -- Vice Chair Spence -Jones: Okay. Mr. Krongold: -- okay. Whenever we can meet the requirements that you're talking about, we do. Vice Chair Spence -Jones: I'm just putting it officially on the record, and I'm saying to my staff -- our staff that we want to see that they -- excuse me? Chair Sanchez: No. I said -- I was asking Commissioner if he's going to address the issue or not. Vice Chair Spence -Jones: Okay. I just want to officially put it on the record thatl think it's important for you to have that happen, and I'd like to have a report back regarding that. Mr. Krongold: Well, that goes to our benefit also because the more money the people make in our area, the more people come to the Jungle, so we're fine with that. Vice Chair Spence -Jones: But it's nothing like -- Mr. Krongold, it's nothing like putting it on the record so that we're -- City of Miami Page 77 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Mr. Krongold: That's great. Okay. Vice Chair Spence -Jones: -- clear and staff understands what they need to do from a job perspective to make sure it happens. Mr. Krongold: Okay. Vice Chair Spence -Jones: And then in closing, we do have an institute -- several institutes, the landscape institute that we've created, the culinary institute -- Mr. Krongold: Excellent. Vice Chair Spence -Jones: -- along with the hospitality institute where we train people and prepare them for jobs just in your arena. I would like to make sure that every quart -- every other month we do it in the City ofMiami, I'd like to make sure we ident someone from the City of --from the Jungle to participate in those job fairs so that some of those individuals have the opportunity to also apply for any one of those positions after they completed all the training. Mr. Krongold: Well, to answer that -- andl'm not -- andl don't want -- I'm not being argumentative 'cause it sends -- Vice Chair Spence -Jones: Yeah. Mr. Krongold: -- a great idea, but I just want to point out that we already have interns that are coming from Johnson Wales, from FIU (Florida International University), because we do have a thousand person catering facility that is really active. They can get a lot of education there, and we do that. With regard to the Jungle, we have a whole area that's called the Everglades, which is supported by the State, which is -- you walk into that area, you think you're in the Everglades. We are growing a garden that's with a -- with the -- with one of the schools where we have an ongoing garden. We have participated in that 110 percent, not only what you were just describing, not just that specific, but the theory and the concept of what you're referring to, the Jungle, as a good citizen of the City ofMiami, Dade County, state of Florida, is 100 percent there. And we look forward to you bringing people and bringing programs that we could institute at the Jungle to continue this -- the -- Vice Chair Spence -Jones: Thank you very much, sir. So with that, Mr. Chairman, I think we had a motion and a second already. Chair Sanchez: Well, I -- there's a motion and a second, butt have not addressed the issue. At this time, Commissioner Gonzalez. Commissioner Gonzalez: All right. Chair Sanchez: Let me -- a lot of the concerns that I have have been answered as to some of the questions that have been asked of you. If you look at this where we're at today, and I tend to agree that we're in a very tough situation here, but you can't look at this any other way than to know that we are partners in this, the City, you, and the County. You know, you have to go back, andl did. I took the liberty to go back to the original resolution that was passed by this Commission in April 14, 1998, which was approved. And as a matter offact, I looked at it. The only Commissioner that was there at that time was Commissioner Regalado; nobody else, not even the City Manager, not even the City Attorney; Commissioner Regalado. And looked at it, andl read it completely, as a matter offact, andl'm a little surprised being that the County and the City worked with you to bring you to Miami for you to be a signature attraction to the City of Miami. However, at that time and that date, when the original resolution was passed -- andl read through it, the whole minutes -- there were some things here that should have set some red City ofMiami Page 78 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 flags as to the future of making sure that this worked between the City and the County and yourself. And one was from the City Manager, himself, who, when asked, clearly stated that "1 cannot represent to you that we have final 100 percent sign off from the County on this." You know, that alone would have gotten my attention. Now, along the way, even Commissioner Teele -- the late Commissioner Teele, after addressing the City Manager, stated it was a horrible deal. He ended up voting for it, but he said it was a horrible deal. Even Commissioner Regalado, who was here at one time, said that there were risks -- that there were some risks in the deal, and if -- you know, if you -- we do not ever buy a lottery ticket, we will never win. He made statements such as that. But the whole thing here is that the 108 loan, that is the thing that really puts us in a situation where we didn't have anything to say at that time, but really it committed us -- it committed the City 80 percent. It committed us. And that's money that comes from the entire City ofMiami to your project. So they believed in the project that they voted for. Till this day, I think that your financial structure can [sic] and will not obtain sustainability the way that it's structured and we have done everything we can to help you succeed. We don't want you to fail. I certainly don't want you to fail. I want you to succeed. The third modification that came in front of us was basically to help you come up with innovative ways for you to obtain more revenue so we could help you to succeed. In the meeting you clearly statement [sic] that you are negotiating in good faith in looking towards possibly adding on -- Mr. Krongold: Hotel. Chair Sanchez: -- hotel or whatever you're going to add to help you succeed. My concern here is that on the 20-year HUD loan that we have already committed to -- and we -- we're there already -- is that if we don't vote to assist you here as to the money that we're giving you -- and I think it was answered by the questions that you addressed of Commissioner Sarnoff as to the money itself -- is that -- the concern that I have is that we're dipping into our general funds. That is the biggest concern that I have, and that's something that we need to be very careful when we start dipping in our general funds because you're going to have just about everybody else coming in trying to dip into the general funds. So it's not a wise decision for us to make here today, butl think it's one that we have to take, and this is a decision sort of you made with the stadium with the no -bid that, although it hurts, we have to take it because we basically -- when we were all sworn in, we took an oath to protect the City ofMiami; and if we don't, we're going to jeopardize the HUD -- $30 million HUD money, and that really puts us in a situation where we jeopardize future HUD money, and we cannot allow it to do that. So once again, I want to make sure that the restructure of your first mortgage is going to be something that's going to benefit you being able to -- andl could support the escrow account. Really doesn't make any difference. There's several avenues we could take, but it -- if that's one that we could take, it's fine. We could have just written a check directly to the County taxes. As a matter of fact, the 40 percent that comes back is a wash of the $800, 000. The other $800, 000, you're paying it back so we're basically not giving you anything. But once again, your failure is our failure, andl think that this decision that I have to make sure here, although it's -- I -- it's not a -- I -- it's -- I always look at it as making a leadership decision, not a political decision. This is a decision that we need to make to make sure that you succeed so you don't fail in our City. So I just wanted to state that for the record. Having said that -- Commissioner Regalado: Mr. Chairman. Chair Sanchez: Yes, sir. You're recognized for the record -- Commissioner Regalado: Very briefly. Chair Sanchez: -- before we vote. Commissioner Regalado: Thank you. Chair Sanchez: Okay. City ofMiami Page 79 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Regalado: And it's good to remember history because this is all about the people ofMiami. This resolution that the Chairman mentioned wasn't drafted by us. It wasn't decided by us. This is a project that was decided by the people ofMiami. There was a referendum. More than 76 percent of the people ofMiami decided that, at that time, Parrot Jungle should be moving from Pinecrest to Watson Island, and it was a decision that the people of Miami took, not the City Commission. The City Commission drafted -- andl remember clearly -- that we had some doubts, and you all also had some doubts, and we demanded jobs for the residents and we demanded local companies and all that, but at the end of the day, whether we like it or not, at that time it was the people's mandate; and it's important that we remember because we still have pending a lot of items that were mandated by the people, Flagstone being one of them. So I think that what we're doing here is following up on what the people ofMiami wanted and guaranteeing. Andl think that the escrow issue does make a difference because it does guarantee the people ofMiami that their money will be back and that, hopefully, this project that the people voted for will be a viable project. So we're ready to vote. Chair Sanchez: All right. We're ready to vote. It's a resolution. Commissioner Gonzalez: Call the question. Chair Sanchez: Okay. Commissioner Spence -Jones. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. As modified, there's been one amendment made to it. Has it -- is there also a substitution? Larry Spring (Chief Financial Officer): Yes. Ms. Bru: Mr. Chairman, on RE. 6 -- you're voting now on RE. 6, correct? Chair Sanchez: As amended. And let me tell you, the substitution, it better not be a substantial substitution or else I'm going to defer the item. Ms. Bru: Okay. On RE. 6 -- this is the resolution which authorizes the rent deferral. Chair Sanchez: Yes. Ms. Bru: -- it was modified, and let me just put on the record what the nature of the modification was. The resolution that you had in your packet provided for the rent deferral and then the deferred rent, all of it, would have become an abatement. We have modified it to clarify that because of what Commissioner Regalado was talking about, the fact that this was approved by the voters subject to a specific requirement that a certain amount of money be paid in minimum rent, $200, 000 a year, this resolution now reads that should certain things happen, the deferred rent will be abated, but it'll be minus $800, 000, which represents the minimum rent required by the voters, 200,000 times 4 for the 4 years of deferral. So that's the modification on that. Chair Sanchez: It's not a substantial modification. Ms. Bru: Well, it is a significant modification, but it had to happen because, otherwise, we wouldn't have been complying with what the referendum requires. And it's the only way that it can be approved. You cannot approve it the way that it was drafted. Commissioner Gonzalez: All right. City ofMiami Page 80 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 RE.7 09-00345 City Manager's Office Chair Sanchez: All right. Okay. Commissioner Regalado: I'm okay with it. Chair Sanchez: All right. Commissioner Regalado: I mean, that's what the referendum said. Commissioner Gonzalez: Yeah. Chair Sanchez: Okay. For the people, Mr. Regalado. All right. 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 ofRE.6. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A LOAN IN THE AMOUNT OF $800,000 FROM THE CITY OF MIAMI ("CITY") TO PARROT JUNGLE AND GARDENS OF WATSON ISLAND, INC. ("PARROT JUNGLE"), TO (1) ALLOW PARROT JUNGLE TO RETAIN A MINIMUM OF 400 EXISTING FULL-TIME JOBS, (2) SECURE THE CITY'S INTEREST AND OBLIGATION UNDER THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 108 LOAN MADE TO PARROT JUNGLE, AND (3) PROTECT THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING; SUCH LOAN TO BE ON THE TERMS STATED ON EXHIBIT "A" ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00345-Legislation-SUB. pdf 09-00345-Exhibit -Agreement-SUB.pdf 09-00345-Exhibit 2-Work Program-SUB.pdf 09-00345 Exhibit 3-Table A1.pdf 09-00345-Exhibit 4-Loan Terms.pdf 09-00345-Exhibit 5-Promissory Note -SUB. pdf 09-00345-Memo-Community Development. pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0180 Larry Spring (Chief Financial Officer): Commissioner -- Chair Sanchez: Yes, sir. Mr. Spring: -- RE.7, I was going to do the next item. Chair Sanchez: Yeah, RE.7 is basically the -- Mr. Spring: RE.7 is the actual loan item -- loan companion item that has been -- City of Miami Page 81 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Gonzalez: Motion on RE.7. Chair Sanchez: All right. There's a motion. Need a second. Mr. Spring: There's also a substitution. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. I think we've discussed that. Basically, money's going to be used to pay the property taxes. Basically, it's a wash back to us, and then you pay us 16,000 for the next 4 years, per month. Mr. Spring: Correct. Chair Sanchez: All right. Okay. There's a motion and a second. That's also a resolution, RE.7, as modified. Julie O. Bru (City Attorney): Okay. Just for clarification purposes, again, on RE.7, the legislation that was in the printed agenda provided for an attachment that would have specifically constituted the loan agreement. What we have done with the substitution is that this resolution authorizes the loan, but it directs the Administration and the City Attorney to work on preparing the actual loan document that will comply specifically with the terms that you have discussed here, including the requirement that the disbursement be subjected to an escrow agreement with specific instructions on how the funds will be disbursed, so to that extent you're voting on it as modified based on the discussion that occurred here, and not with an agreement in substantially the attached form but rather an agreement that we will draft. Commissioner Sarnoff. Just so it's clear that that $800, 000 must be brought together with the $1 million from HSBC. I don't want us just paying $800, 000 toward back taxes that (UNINTELLIGIBLE) not joined by HSBC. Ms. Bru: We will -- Commissioner Sarnoff. So I just want to make sure the loan -- I want to make sure the escrow agreement places the two together as a condition precedent before you pay. Ms. Bru: Well, it'll be a condition before the disbursement. It'll be specific instructions on how - Commissioner Sarnoff. Right. Ms. Bru: -- the disbursement -- Commissioner Sarnoff Let me say it correctly. It'll be a condition subsequent to the payment to the tax collector. Ms. Bru: Well, we understand -- Commissioner Sarnoff. It's not a condition precedent of the vote right now, but it's a condition subsequent, which requires you to make sure that the $1 million gets comingled and paid to the Dade County Tax Assessor. Ms. Bru: The instructions to the escrow agent will be such that the disbursement of the City's portion, the $800, 000 that is being lent to this entity, will be disbursed by the escrow agent only if there is the payment of the taxes. That is what you're trying to achieve, of all taxes due. City of Miami Page 82 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Sarnoff. Well, fair enough. Should they -- well -- Marshall Ronnie Krongold: That's -- in other words, you want the -- Commissioner Sarnoff. I -- let's say you found a new lender. Let's say you decided to go a new direction. Mr. Krongold: We're talking -- the taxes are running at 18 percent. -- about getting this done -- Commissioner Sarnoff. Right. Mr. Krongold: -- within the next couple days. Ms. Bru: Okay. Mr. Krongold: We're done. Ms. Bru: All right. Okay. Chair Sanchez: Clear. Ms. Bru: And just for the record, the resolution that was substituted does have an exhibit which is the terms -- because there are other terms that we will be incorporating in this loan agreement, and the -- and you have the terms here. So to that exhibit that is part of the record now, the only change will be in Section 2, Subsection A. Before there was some language there about certain conditions for the disbursement; we are substituting it now with this procedure that we have discussed, utilizing an escrow agent. Chair Sanchez: Escrow account. Ms. Bru: Okay. Chair Sanchez: Okay. So as amended. Ms. Bru: As amended. Chair Sanchez: We have -- Commissioner Gonzalez: Motion. Chair Sanchez: -- a motion and a second. 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. Larry Spring (Chief Financial Officer): Thank you. Chair Sanchez: All right. Commissioner Regalado: Mr. Chairman, ifI may? Mr. Krongold: I'd like to just take a second and thank everybody. This is important for us, obviously. It's important for the City. I think the City's going to be very proud, and the people of City of Miami Page 83 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 the City are going to be very proud what we did 'cause we're going to make sure that the Jungle Islands there now is going to be there in 20 years. Thank you. Chair Sanchez: Well, we -- listen, once again, we want you to succeed. Mr. Krongold: We know that. Chair Sanchez: I mean, your failure is our failure. We want you to succeed in the City, and we need to work with you to make sure that through the entire process now, we're able to get you what you need so you can become self -sustained. And we -- the burden should not be falling on the City or the taxpayers. I mean -- Mr. Krongold: Well, this doesn't, and we appreciate it. Chair Sanchez: Thank you. Mr. Krongold: Thank you. Commissioner Regalado: Thank you. END OF RESOLUTIONS City of Miami Page 84 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 BOARDS AND COMMITTEES BC.1 09-00324 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: Chair Joe Sanchez 09-00324 memo 5-14-09.pdf 09-00324 members 5-14-09.pdf CONTINUED Vice Chair Spence -Jones: Boards. Chair Sanchez: Okay. All right, boards. Let's take up boards. Board appointments. Let's go to B (Boards) -- Priscilla A. Thompson (City Clerk): BC.1 would be the Audit Advisory Committee. Chair Sanchez: Okay. We need to have a -- five Commissioners to vote on some waivers, so we ask five Commissioners to stay on the dais. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. BC.1. Ms. Thompson: BC.1 is your Audit Advisory Committee, and you, Chair Sanchez, have an appointment. Chair Sanchez: Okay. I would defer at this time. BC.2 09-00323 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miriam Urra Commissioner Angel Gonzalez Luis Meurice Commissioner Marc David Sarnoff 09-00323 memo 4-2-09.pdf 09-00323 members 4-2-09.pdf City of Miami Page 85 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 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-09-0182 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Miriam Urra and Luis Meurice as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miriam Urra and Luis Meurice as members of the Equal Opportunity Advisory Board; and further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Miriam Urra as a member of the Equal Opportunity Advisory Board. Priscilla A. Thompson (City Clerk): Under BC. 2 we have the Equal Opportunity Advisory Board. Chair Sanchez: All right. I would defer on mines [sic]. Vice Chair Spence -Jones, do you have an appointment? Vice Chair Spence -Jones: I'm deferring on mine, as well. Chair Sanchez: Okay. Commissioner Gonzalez? Commissioner Gonzalez: Was that Equal Opportunity Advisory Board? Chair Sanchez: That's -- yes, BC.2, Equal Opportunity Advisory Board. Commissioner Gonzalez: I'll reappoint Miriam Urra with the waivers. Chair Sanchez: Okay. You have another appointment. Do you want to defer that one? Commissioner Gonzalez: I'll defer the other one. Chair Sanchez: Okay. Commissioner Sarnoff? Commissioner Sarnoff. Okay. Madam Clerk, didn't I appoint last Commission? Ms. Thompson: Yes, you did, butt thinkyou -- just let me check. I thinkyou have two seats and your other -- right now, Mr. -- I'm sorry -- Luis Maurice, his term expired 3-12-09, so he would not have been the one that you appointed the last time. Commissioner Sarnoff. Okay. I'm going to reappoint Mr. Luis Maurice. He's going to need waivers, I think. Chair Sanchez: All right. Commissioner Regalado: Second. Chair Sanchez: Madam Clerk. Ms. Thompson: Yes, sir. Chair Sanchez: Both names that have been proffered, do they need waivers? City ofMiami Page 86 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Thompson: Ms. Miriam Urra does not need a waiver. Chair Sanchez: All right. Ms. Thompson: But Mr. Luis Maurice does -- Chair Sanchez: All right. Ms. Thompson: -- a four fifth for attendance. Chair Sanchez: Okay. There's a motion and a second with the waivers. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Okay. That takes care of -- BC.3 09-00322 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: Allyson Warren Commissioner Tomas Regalado 09-00322 memo 4-2-09.pdf 09-00322 members 4-2-09.pdf Motion by Commissioner Regalado, 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-09-0183 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, to ppoint Allyson Warren as a member of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Allyson Warren as a member of the Commission on the Status of Women. Chair Sanchez: BC. 3, Commission of [sic] the Status of Women. Commissioner Regalado, you have two appointments. Commissioner Regalado: Yes. I'll defer one, and Allyson Warren needs a waiver. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Commissioner Regalado: Move it. Chair Sanchez: Is there a second? All in favor, say "aye." City of Miami Page 87 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 BC.4 09-00321 Office of the City Clerk The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "no." Receives the five votes. She's been appointed. Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: M. Lee Smith Chair Joe Sanchez Harry Horgan Commissioner Marc David Sarnoff Ashley Chase Commissioner Marc David Sarnoff 09-00321 memo 4-2-09.pdf 09-00321 members 4-2-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0184 Chair Sanchez: BC.4. BC.4 is Waterfront Advisory Board. Commissioner Sarnoff, you're the only one that has two appointments. Commissioner Sarnoff. Harry Horgan, Ashley Chase. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: Do they need any waivers? Priscilla A. Thompson (City Clerk): No, they don't. Chair Sanchez: Okay. Ms. Thompson: Okay. Chair Sanchez: Can you just -- my -- who are my appointments to that board? Ms. Thompson: Your -- well, right now you have an incumbent, M. Lee Smith. Do you want to know the other names? Chair Sanchez: Yes. Ms. Thompson: Just one second. City of Miami Page 88 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: And -- Lee Smith and -- Ms. Thompson: Okay. Currently, you have Mr. M. Lee Smith -- Chair Sanchez: Yes. Ms. Thompson: Ms. Wendy Kamilar. Chair Sanchez: Okay, perfect. All right, BC.5. BC.5 is the -- Ms. Thompson: No. I'm sorry. Wait a second. Commissioner Sarnoff. Need a motion and a second. Ms. Thompson: Okay. Are -- the question -- I have Harry Morgan [sic]; I have Ashley Chase; and you do have an appointment. Are you going to make your appointment? Chair Sanchez: My appointment? Ms. Thompson: Yeah. Chair Sanchez: Who was there before? Ms. Thompson: The incumbent's term -- Chair Sanchez: Then I could reappoint him. Ms. Thompson: -- who's up is M. Lee Smith. Chair Sanchez: I would reappoint him. Ms. Thompson: Okay. Thank you. Now I need a motion and a second. Commissioner Sarnoff. So moved. Commissioner Regalado: Second. Ms. Thompson: Thank you. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. These board appointments, boy, I'll tell you. BC.5 09-00320 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: City of Miami Page 89 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ralph Duharte Commissioner Angel Gonzalez Elena Carpenter Commission -at -Large 09-00320 memo 4-2-09.pdf 09-00320 members 4-2-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0185 A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to appoint Ralph Duharte as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Ralph Duharte as a member of the Bayfront Park Management Trust. A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to appoint Elena Carpenter as a member of the Bayfront Park Management Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Elena Carpenter as a member of the Bayfront Park Management Trust. Chair Sanchez: BC. 5, Park Management Trust, Commission -at -Large. Commissioner Gonzalez? Commissioner Gonzalez: I will reappoint Ralph Duarte, who has served very, very well on that board. Chair Sanchez: Okay. Does he -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- need any waivers? Commissioner Gonzalez: With the waivers. Chair Sanchez: Yes, he does. Priscilla A. Thompson (City Clerk): Yes, he does. He needs -- Chair Sanchez: He's been there for the longest time. Ms. Thompson: -- a five five. Commissioner Gonzalez: With the waivers. Chair Sanchez: All right. There's a motion and a second with the waivers. All in favor, say "aye." The Commission (Collectively): Aye. City of Miami Page 90 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of that. Commissioner Sarnoff. Just one more. I think there's -- Ms. Thompson: No. You have a Commission -at -Large appointment. Commissioner Sarnoff. Right. Chair Sanchez: Okay. Commissioner Sarnoff. Let me -- I'm going to recommend Elena Carpenter. Chair Sanchez: Okay. Commissioner Regalado: Second. Chair Sanchez: Second. She needs a waiver too. Ms. Thompson: Yes, she does. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: With waivers. Ms. Thompson: Thank you. BC.6 09-00319 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Cornelius Shiver Vice Chair Michelle Spence -Jones Ron Cordon Vice Chair Michelle Spence -Jones Lazaro J. Lopez Commissioner Angel Gonzalez Angel Urquiola Commissioner Tomas Regalado Charles Garavaglia Commissioner Tomas Regalado 09-00319 memo 4-2-09.pdf 09-00319 members 4-2-09.pdf 09-00319 applications 4-2-09.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 City of Miami Page 91 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 R-09-0186 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to appoint Cornelius Shiver, Ron Cordon, Lazaro J. Lopez, Angel Urquiola, and Charles Garavaglia as members of the Zoning Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Lazaro J. Lopez as a member of the Zoning Board; and further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Angel Urquiola and Charles Garavaglia as members of the Zoning Board. Chair Sanchez: Okay. BC. 6, Zoning Board. Vice Chair Spence -Jones: I'd like to -- I guess me first, right? I'd like to appoint Neil Shiver and Ron Cordon. Priscilla A. Thompson (City Clerk): So you want to reappoint them? Vice Chair Spence -Jones: Yes. Ms. Thompson: Then we have Commissioner Gonzalez. You have -- Commissioner Gonzalez: I will reappoint Lazaro Lopez, who has been absent to the meetings; and the reason has been health problems that ended with an operation about a month ago. So he's recuperating, but he's willing to serve. Vice Chair Spence -Jones: Okay. Ms. Thompson: And we have Commissioner Sarnoff. Commissioner Sarnoff. I'm going to wait -- I'll wait. Excuse me. Ms. Thompson: You're going to defer? Commissioner Sarnoff. That's the word l was looking for. Chair Sanchez: That's the Zoning Board? Ms. Thompson: Yes, this is on the Zoning Board Chair Sanchez: Okay. So how many names have we proffered so far? Ms. Thompson: So far we have Cornelius Shiver, Ron Cordon, and then Lazaro Lopez, who will need a four fifths waiver. Commissioner Sarnoff has deferred his appointment, then Commissioner Regalado has two appointments. Commissioner Regalado: Angel Urquiola and Charles Garavaglia. Ms. Thompson: So they will all need -- the rest, you know, they'll all need waivers. Chair Sanchez: Okay. Everybody's here. There's a motion and a second with waivers. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 92 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Thompson: I'm sorry; my fault. I didn't record the motion -- maker and the seconder. I apologize. Commissioner Sarnoff. I made it and -- Commissioner Gonzalez: I second it. Commissioner Sarnoff. -- Commissioner Gonzalez seconded it. Ms. Thompson: Thank you. BC.7 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: Charles McEwan Commission -at -Large Frank Hernandez Commission -at -Large (Alternate -at -Large) 09-00208 memo 4-2-09.pdf 09-00208 members 4-2-09.pdf Motion by Commissioner Regalado, 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-09-0187 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, to appoint Charles McEwan and Frank Hernandez as members of the Code Enforcement Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Charles McEwan as a member of the Zoning Board. Chair Sanchez: All right. BC.7, Code Enforcement. Proffer the name somebody, Chuck McEwan. Commissioner Regalado: Second. Chair Sanchez: Okay. Chuck McEwan-- Priscilla A. Thompson (City Clerk): Thank you. Chair Sanchez: -- needs a waiver. He's been here for 30 years -- 13. All right. Anyone else? Commission at large. Anyone else? City of Miami Page 93 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Commissioner Regalado: It's an alternate, right? Commissioner Sarnoff. Yeah, I think it's an alternate. Ms. Thompson: Yes, that person will be the alternate. Right now we have, having been in that spot, Mr. Roy Hardemon, and he would need a four fifth waivers for attendance. Chair Sanchez: All right. Any other names? Commissioner Regalado: And you have who? Vice Chair Spence -Jones: Roy Hardemon. I think he -- with -- I think he -- Chair Sanchez: He -- Vice Chair Spence -Jones: -- I don't think -- I think he -- I don't think he wants to be on the board -- that board anymore. Commissioner Regalado: Okay. I will proffer the name of Frank Hernandez. Ms. Thompson: Frank Hernandez. Commissioner Regalado: Yes. Ms. Thompson: Okay. Chair Sanchez: Okay. Any other names? And that's Commission -at -Large? Commissioner Regalado: It's an -- Ms. Thompson: Yes. Commissioner Regalado: -- alternate at large. Commissioner Sarnoff. I think that's it. I think that's all we have. Ms. Thompson: That's it. Those are the only two. Chair Sanchez: Any other name proffered? Being none -- Commissioner Sarnoff. Second. Chair Sanchez: -- with waivers, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 09-00318 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: City of Miami Page 94 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff 09-00318 memo 5-14-09.pdf 09-00318 members 5-14-09.pdf 09-00318 applications 5-14-09.pdf CONTINUED Chair Sanchez: All right. BC.8, Planning Advisory Board. I would defer my appointment. Vice Chair Spence -Jones? Vice Chair Spence -Jones: I'm deferring mine as well. Chair Sanchez: Commissioner Sarnoff? Commissioner Sarnoff Ditto. Chair Sanchez: Okay. Ditto means the same. All right. Priscilla A. Thompson (City Clerk): Deferred. BC.9 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 09-00207 memo 5-14-09.pdf 09-00207 members 5-14-09.pdf NOMINATED BY: Chair Joe Sanchez Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz CONTINUED Chair Sanchez: BC. 9. BC.9 is Arts and Entertainment Council -- Priscilla A. Thompson (City Clerk): And -- Chair Sanchez: -- and that's the Mayor. Has he proffered any names? City of Miami Page 95 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Ms. Thompson: He has not proffered any names. BC.10 08-01177 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01177 memo 4-2-09.pdf 08-01177 memo 5-14-09.pdf CONTINUED NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Chair Sanchez: All right. BC.10. BC.10, Commissioner Gonzalez, those are all your appointments. That's the District 1 -- Commissioner Gonzalez: I'm going to defer them. Chair Sanchez: -- Housing Advisory Board. Commissioner Gonzalez: I'm going to defer them -- Chair Sanchez: Okay, deferral. Commissioner Gonzalez: -- for the next meeting. BC.11 09-00317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORY: (Landscape Architect) (Architectural Historian) NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez City of Miami Page 96 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 (Alternate) (Citizen) 09-00317 memo 5-14-09.pdf 09-00317 members 5-14-09.pdf CONTINUED Commissioner Marc David Sarnoff Chair Sanchez: BC.11. BC.11 is Historic Environmental Preservation Board. Commissioner Gonzalez, you have an architectural historian and an alternate. You're going to defer? Commissioner Gonzalez: I'm going to defer. Chair Sanchez: Okay. That takes care of the boards. Priscilla A. Thompson (City Clerk): No, no. Chair Sanchez: Let's go -- Commissioner Regalado: No. Commissioner Sarnoff. CIP (Civilian Investigative Panel). BC.12 08-01260 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel 08-01177 memo 5-14-09.pdf 08-01260 members 5-14-09.pdf 08-01260 applications 5-14-09.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: No. BC.12. BC.12. That's the Civilian Investigative Panel, all right. Vice Chair Spence -Jones: Mr. Chairman, I have some -- definitely some questions and some City of Miami Page 97 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 concerns. Chair Sanchez: Okay. Questions and concerns on BC.12. You're recognized for the record. Vice Chair Spence -Jones: Okay. You know, after reviewing this list -- andl know -- we've been going back and forth on this whole CIP (Civilian Investigative Panel) issue, Commissioner Gonzalez, and the concerns that we've had on this, and after reviewing it with staff, you know, the concern I have is that -- is the diversity of this actual board. The profiles from it show that there are two people from District 2 and two people from the Coral Gables area, which I don't -- you know, I don't have an issue with that, but my concern is that the whole purpose of this board was to make sure that it reflected diversity, andl just do not see that in this particular board. My question, though, is for Madam City -- I don't know if it's with Madam City Clerk or would it be for Madam City Attorney. I understand that there's a issue around the nomination process and how this works. I really do think that we need to look at this board and how it's comprised and what its overall mission and actions are. And I'm going to ask that my fellow Commissioners join me to defer this item because I really want us to work on -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: -- with the City Attorney on this issue because I'm very concerned about it. Chair Sanchez: You want to do what? Commissioner Gonzalez: Second the deferral. Chair Sanchez: Continue it? Vice Chair Spence -Jones: I want to defer it, andl want us to work -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- along with the City Attorney's Office -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- to see how we can revise it. Chair Sanchez: Okay. We respect the deferral. There's a motion and a second. Would you allow the opportunity for the Chair to address this very briefly as to what process -- Vice Chair Spence -Jones: Sure. Chair Sanchez: -- you want them to take, how you want them --? So when they come in front of us again, hopefully, we could resolve this issue that's been in front of us many times? Vice Chair Spence -Jones: No problem. Chair Sanchez: Mr. Chairman, you're recognized for the record. Tom Rebull: Thank you, Mr. Chair. Tom Rebull, Chairman, City ofMiami, Civilian Investigative Panel, 155 South Miami Avenue. Let me say that we've taken very, very seriously the comments of the Commission members about increasing diversity both geographic diversity and ethnic diversity. For this most recent opening, we opened the recruitment on November 10, 2008, and the initial deadline was December 1, 2008. We then extended it to December 15, City ofMiami Page 98 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 2008, and extended it again to December 26, 2008. We received 28 applications through that process. Of those applications, 22 were qualified applicants. The qualifications, per the ordinance, are living in the City, working in the City, or owning property in the City. We received no applications from District 1, 12 applications from District 2, 2 applications from District 3, 2 applications from District 4, and 5 -- and 6 applications from District 5. I have a list here of the 73 communications that we sent out to various organizations throughout the City, everything -from Marliene Bastien to Max Rameau to Claudia (UNINTELLIGIBLE). We really have taken this seriously, and I, myself beyond what the City staff what the CIP staff has done, has made an effort to reach out to organizations that I know, like the Cuban American Bar Association, which I'm a member of. We also undertook a study of the composition of the panel over its lifetime, andl've been one of the original members of the panel since it was created and sworn in, and actually, the most underrepresented group on our panel -- over the history of the panel is the Haitian -American community. We've only had one member of the Haitian -American community during that entire time. Both Hispanics, African Americans, and Caucasians have been represented, but the Haitian -American community is the least represented community. I don't want to belabor this because you've asked to defer it, but I want you all to know that we've taken your considerations very, very seriously. We've -- I, myself have personally made an effort and the staff has made a very big effort to reach out as much as possible, and aside from the eye-opening with respect to the ethnic diversity, as I mentioned, over the life of the panel Commission wise, we've had only one member from District 3 and two members from District 1, okay, so that's why the nominees which we've given you today -- three of the nominees are incumbents and they have done nothing to not warrant being reappointed. We're all volunteers. I'm taking time away from work, andl've taken time on my wedding anniversary, on many other events to be at meetings, and these are all folks -- especially these nominees who have done nothing, in fact, quite the opposite. They've spent a lot of time over the years doing good work for the City and for all the stakeholders. The remaining nominees who are not incumbents are -- in fact, here they are -- Rolando Aedo from District 3, Jorge Alonso from District 2, Sandor Baez, who works in District 3 and lives in District 4, and Matthew McDonald, who lives in District 4. Vice Chair Spence -Jones: Mr. Rebull? Mr. Rebull: Yes, ma'am. Vice Chair Spence -Jones: Okay. I'm asking that we defer the item. Mr. Rebull: Yes. Okay. Vice Chair Spence -Jones: Okay. Mr. Rebull: Thankyou. Vice Chair Spence -Jones: I'm asking that we defer the item. Mr. Rebull: Thankyou. Chair Sanchez: Okay. Vice Chair Spence -Jones: I think that we -- Commissioner Regalado: So -- Vice Chair Spence -Jones: -- need to look at the ordinance (UNINTET,TIGIBT,F). Commissioner Regalado: -- but I just wanted to understand something. These are the nominees City of Miami Page 99 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 that you are suggesting to the Commission, so are we hoping to get more nominees? Vice Chair Spence -Jones: Actually, I want -- not only that, but I think that we should also look at the ordinance in general, so I just -- I'm asking that we defer the item. Chair Sanchez: All right. Commissioner Regalado: No. I understand. Vice Chair Spence -Jones: I mean, we've given common courtesy before, and -- Commissioner Regalado: No. And I -- Vice Chair Spence -Jones: -- I just want the common courtesy now. I would like to defer -- Commissioner Regalado: Andl agree, but what I'm trying to do -- Vice Chair Spence -Jones: I would rather -- Commissioner Regalado: -- is they have a nominating -- Vice Chair Spence -Jones: -- not -- Commissioner Regalado: -- committee, and these are the names that they're proffering. So these are -- are these the names that are coming back to us? That's all I'm asking. Vice Chair Spence -Jones: I would like to defer the item to look at both scenarios. Chair Sanchez: Okay, listen, the item -- Vice Chair Spence -Jones: Can I have the opportunity to defer the item? Chair Sanchez: -- going to be -- Commissioner Regalado: Fine. Chair Sanchez: Vice Chair, the item is -- Vice Chair Spence -Jones: Thank you. Chair Sanchez: -- going to be deferred, but I want to make sure that they have guidance as to what is it that we're looking for so we could get this thing over with. I agree with you on the deferral -- Vice Chair Spence -Jones: Okay. Chair Sanchez: -- but they've gone through the process where people have applied and they've been disqualified for whatever reasons, so hopefully, when you meet with them, we could come back and if you're satisfied with these numbers -- listen, the longer we wait and the longer we don't get this board up and going, I think we're holding back the intention of the board. Andl do want to thank the chair, andl do want to thank all the members and the staff because they've been working hard to try to get the best qualified people for these boards. Let me tell you, the hardest thing that I have is getting people that are going to commit to showing up to these meetings. You know, I could appoint people. I get people calling all the time. Hey, I want to join this board. Get me into a board. Well, if you don't give me a commitment that you're going City of Miami Page 100 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 to serve that board and you're going to make ever reasonable attempt to attend and be a part of that board, then I'm not going to appoint you because I've been disappointed by individuals who have appointed; they go to two meetings and never go back again. So really, you do a disservice to the board and you do a disservice to the City so it gets harder and harder to find people that aren't going to come -- they're not getting compensated; they're getting nothing out of this. The only thing they're getting out of this that they feel that they're citizens of the City and they want to make the City a better place, so it's getting harder. Mr. Rebull: And Madam Vice Chair -- Chair Sanchez: All right. Mr. Rebull: -- I just wanted to know I was just trying to let you all know that we're hearing you and we're trying to respond to your concerns. Vice Chair Spence -Jones: Okay. Mr. Rebull: That was all, so -- Chair Sanchez: So the item has been deferred to the next Commission meeting. Need a motion and a second. The Vice -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- Chair has made a motion -- Commissioner Gonzalez: Already second. Chair Sanchez: -- second by Commissioner Gonzalez. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.13 08-01550 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: Willy Bermello Commissioner Tomas Regalado 08-01550 memo 4-2-09.pdf 08-01550 members 4-2-09.pdf Motion by Commissioner Regalado, 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-09-0188 City of Miami Page 101 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 passed unanimously, to appoint Willy Bermello as a member of the Urban Development Review Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Willy Bermello as a member of the Urban Development Review Board; and further waiving the term limits of Section 2-885(b) by a unanimous (5/5ths) vote of the members of the City Commission, as it relates to Willy Bermello as a member of the Urban Development Review Board. Chair Sanchez: All right. Let's do BC.13, Urban Development Review Board. Commissioner Regalado. Commissioner Regalado: Willy Bermello. That needs a waiver. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: Second with a waiver. No discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF BOARDS AND COMMITTEES City of Miami Page 102 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 DISCUSSION ITEM DI.1 09-00298 DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES. 09-00298 Summary Form.pdf DISCUSSED Chair Sanchez: D.1 [sic], discussion item. DI 1. Diana Gomez: Diana Gomez, Finance director. This is -- this discussion item is the quarterly update of non -reimbursable grant expenditures as required by the City's financial integrity ordinance for the period ending March 31, 2009, which is the second quarter of 2009. We -- there were no amounts reported as non -reimbursable grant expenditures. I would like to provide an update on the hurricane -related receivables as discussed in previous meetings. This past week we received notification from FHWA (Florida Highway Administration) that we have been approved for $1, 574,993 to close out the FHWA portion. Once we receive -- we should receive that payment in the next several -- in the next few weeks. Once we receive those payments, we will then proceed to close out the entire -- the balance with FEMA (Federal Emergency Management Agency). Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Any questions on the quarterly update of non -reimbursement [sic] grants and expenditures? If not, thank you so much. END OF DISCUSSION ITEM MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 City of Miami Page 103 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-00343 DISCUSSION ITEM DISCUSSION REGARDING THE UTILIZATION OF THE "GREENSPACE UTILITY PROGRAM" AND THE "GREENSPACE MANAGEMENT FUND" FOR THE PRESERVATION OF THE PUBLIC GREENSPACES AT SHARDAVIA JENKINS PARK, LIBERTY SQUARE, BUENA VISTA EAST, AND THE LITTLE HAITI FREEDOM GARDEN. 09-00343 Email.pdf DISCUSSED Direction by Vice Chair Spence -Jones to the Administration requesting that the City Manager come back with recommendations at the next Commission meeting on how to use Greenway funds for the creation and upgrade of parks and green spaces located in District 5. Chair Sanchez: Let's go to the Commission blue pages. District 1 has none. District 2 has none. District 3 has none. District 4 has none. District 5, you're recognized for the record. Vice Chair Spence -Jones: Thank you, Mr. Chairman. Actually, I'd like to direct this to the City Manager. I know that we have -- the City has a greenway fund, Mr. Manager. I would like to make a recommendation that the greenway fund -- for you guys to come back with some sort of recommendation regarding the Shardavia Jenkins Greenspace [sic] Park. The Liberty Square, as you know -- okay, I'm going to wait. So, Pete, you ready? So I'm not talking to Bill; I'm talking to Pete. Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: Okay. I'd like to make a recommendation that you guys come back -- bring to the Board at the next Commission meeting any recommendations regarding the greenway fund that we have set aside for green spaces and parks for upgrades, and these are the areas that I'd like to see upgrades take place in my district: The Liberty Square, which is the oldest affordable housing facility. There's a field that we've been working with some of your staff on in the Liberty City Trust to put a park there. I believe we already have some monies identified, but I would like for you to bring back the plan on that. Buena Vista East has no park at all in their area. I'd like for you to bring back a recommendation regarding that to create some sort of small park in that area. And then Little Haiti. You know, we already have that strip of land which is where the Toussaint L'Ouverture statue's there that Commissioner Teele had had put there many years ago, the upgrades on that green space. And then, of course, Little -- excuse me -- Lummus Park, which is on the river way. We've already did the upgrades on the greenway, but I believe there was some sort of plan many years ago regarding creating an outdoor seafood market, some sort of outdoor seafood market that local fisheries could benefit from and the community can benefit from. I'd like for you to come back with some sort of report City of Miami Page 104 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 on that regarding these funds that we have available to upgrade green space. Mr. Hernandez: Okay. Commissioner, definitely I'll be looking into the improvements that we can do at all of those facilities. With respect to the green space management fund or green space utility program, the only monies that we have there at this point and time are the monies that were given by the Home Depot Foundation, and those, in my opinion, have a certain restriction to be used for tree planting. Vice Chair Spence -Jones: I'm not talking about -- Mr. Pete -- I mean, Mr. Manager, I'm not talking about the trees. I'm talking about in the budget this year that we voted on -- Mr. Hernandez: Okay. Vice Chair Spence -Jones: -- there was a fund that was created or there was some dollars that was set aside for taking abandoned vacant lots throughout all of our districts to create mini parks or mini green spaces. Mr. Hernandez: I'll -- Vice Chair Spence -Jones: If you get with Michael Boudreaux -- I know exactly what -- Mr. Hernandez: Okay. Vice Chair Spence -Jones: -- that number is. I'm saying that would like to utilize some of those dollars out of that, for you to come back with some recommendations to upgrade those green spaces. Mr. Hernandez: I'll go back, reconfirm that, and then look at the -- Vice Chair Spence -Jones: Yeah. I'm not talking about the Home Depot trees. Mr. Hernandez: Right. Vice Chair Spence -Jones: I mean, we need some of those trees, too -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- but I'm saying the money has been set aside in the budget to do that. Mr. Hernandez: Okay. I'll pursue it. Chair Sanchez: All right. Does that --? Vice Chair Spence -Jones: That's it. Chair Sanchez: That takes care of your item. END OF DISTRICT 5 City of Miami Page 105 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 NON -AGENDA ITEMS NA.1 09-00378 DISCUSSION ITEM DISCUSSION REGARDING LOAN TO THE CHILDREN'S MUSEUM FROM FEDERAL STIMULUS FUNDS. DISCUSSED Direction by Commissioner Regalado to the Administration requesting that the City Manager place an item on the April 23, 2009 Commission agenda regarding the use of stimulus funds as a loan to the Children's Museum. Commissioner Regalado: HI may, Mr. Chairman? Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Mr. Manager, I think we really need to cross the Causeway and visit the other issue, which is the Children's Museum. You are aware of that. And their failure will be our failure, too, and it's hundreds and hundred. So my question to you is stimulus money -- the stimulus money. I've been reading the federal guidelines. We can use this to retain jobs, is that correct, the stimulus money? Pedro G. Hernandez (City Manager): In a general concept, yes. I don't think the -- all the guidelines have been defined, but that's one of the components. Chair Sanchez: All right. George Mensah: George Mensah, director of Community Development. As you know, the stimulus monies come in different directions. One of them, which goes into the economic development aspect, can be used for job retention. And there is an RFP (Request for Proposals) out there right now and the City is looking into it, and so probably we might be able to look at it and see if that's one area that will benefit such a (UNINTELLIGIBLE). Commissioner Regalado: No. The stimulus money come from every direction and -- Commissioner Sarnoff The County's the one that's really got that money for that. Commissioner Regalado: Yeah, but cities can apply directly, andl know that we're waiting through the County, through the state ofFlorida -- by the way, the state ofFlorida could change the guidelines or the federal government could change the guidelines. So seem to me that nobody knows a lot about how to access stimulus money, nor the County, nor the City, nor the State because it's coming from every direction. But what I'm saying to you is that there is the possibility of stimulus money to help retain jobs, say in the Children's Museum. You are aware of the situation with the Children's Museum. Mr. Hernandez: Yes, I am. Commissioner Regalado: And you are aware that they could have serious problems in less than 30 to 45 days? Mr. Hernandez: Yes, I am. Commissioner Regalado: And this is a City land -- City -owned facility, which, by the way, serves the residents of the City ofMiami, if it is my understanding, and by the way, who [sic] has City ofMiami Page 106 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 an item which was in the contract that residents of City ofMiami pay half forever, and it has worked. So I'm just asking you, Mr. Manager, if you are aware? Mr. Hernandez: Commissioner, I'm aware of their issues based on a meeting that we had yesterday. With respect to the stimulus, the guidelines are being developed like on a daily basis, we are in contact with Washington and also Tallahassee to be up to speed as to what the opportunities are, and we'll take whatever advantage we can of acting quickly to help the local situation in the City. And if there are ways that they can be helped, the Miami Children's Museum, we'll be there to help. Commissioner Regalado: And can we, on the 23rd, have an item in the agenda to address that problem; and, of course, to report from here to the 23rd what possibilities of accessing stimulus money for this purpose? Mr. Hernandez: The answer is yes, Commissioner. And my plan will be to be able to report to you in advance of the 23rd because I know that the issue that we're dealing with is urgent, so we're going to try to do what we can in researching the situation and advise the Commission in advance of the 23rd Commissioner Regalado: Okay. That's fair enough. Chair Sanchez: Could we get a clear directive as to what you're asking the Administration, Commissioner? Commissioner Regalado: What I'm asking the Administration is to bring -- I guess the Manager said before the 23rd -- a report whether we can access stimulus dollars to have a loan for the Children's Museum, in order for them to fulfill their payment before the next 45, 60 days so they can keep the museum open. That's all that there is to it. And then, on the 23rd, bring legislation, if that is the case, or whatever possibility had. Mr. Hernandez: I want to initiate the research as soon as possible and report back to you, and then, depending on what we come up with, we'll do an item, if it's warranted, based on the report. Chair Sanchez: All right. Commissioner Regalado: All right. NA.2 09-00379 DISCUSSION ITEM DISCUSSION REGARDING PENSION STABILIZATION RELATED TO THE CITY'S FIRE AND POLICE PENSION PLANS. DISCUSSED Commissioner Regalado: And one final question, Mr. Manager. Remember that in the last Commission meeting, you mentioned that we will be discussing the pension stabilization, and you said that you have met, I remember, the night before. So what are we -- Mr. Hernandez: We -- Commissioner Regalado: -- ready to vote on it? Is there any solution to --? Mr. Hernandez: Okay. We continued to meet even after, I would say, as late as last Friday. There's an acknowledgment by all parties, Police, Fire, and the Administration, that we cannot City ofMiami Page 107 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 meet the commitment of achieving a 37 percent City contribution to the pension, 37 percent or less, that cannot be achieved. And in both collective bargaining agreements, the one for Police and the one for Fire, there were prescribed actions that would be in place if the commitment of achieving pension stabilization at 37 percent or less was not achieved. In essence, those actions will take place, and we have to bring an item to the City Commission on the 23rd in order to put them into effect. They do work differently. They work -- with respect to Fire, in essence, one of the actions is that their employees contribution increases. With respect to Police, what it means is that some incentive raises that were predicated upon the achievement of the 37 percent pension stabilization commitment, since that was not reached, then those incentive raises will not happen. And those two items will be before you on the 23rd because those are actions that we have to take. However, in spite of that, we'll continue to work with both unions in looking at solutions that will help us in the year 2010, which will be a very difficult budget year, and also in solutions that will help us obtain long-term sustainable relief. Commissioner Regalado: So we still have hopes of resolving the issue? Mr. Hernandez: Well, we have to continue to work. And the agreement that we had said that in the event that we were not able to reach pension stabilization, as I defined before, that we continue to meet to find solutions to the problem. However, the prescribed actions that were conditioned upon meeting the pension stabilization, since we're not meeting it, those prescribed actions will take place, in one way for Fire and another way for Police. Commissioner Regalado: So we will have to make the last -- the final decision, not you? Mr. Hernandez: No, no, no. In essence -- Commissioner Regalado: If there is an impasse, for instance? Mr. Hernandez: Well, in the Fire case, for example, their employee contribution increases a percent every year, and it'll eventually go from 7 percent to 10 percent. That has an action -- that requires a City Commission approval, so I have to bring an item to actually put it into effect. In the Police case, there were what call incentive raises because they were predicated upon reaching this pension stabilization. Since we didn't reach it, what it means is that those incentive raises will not be provided, period. So with Police we have to continue to work to develop other solutions into 2010 and, hopefully, continue to work with both unions in looking at long-term remedial actions. Commissioner Regalado: Okay. Thank you, Mr. Chairman. NA.3 09-00360 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE Joe Sanchez MEMBERS OF THE UNITED STATES SENATE AND THE UNITED STATES HOUSE OF REPRESENTATIVES TO SUPPORT PRESIDENT BARRACK OBAMA'S GOALS OF MAKING HEALTH CARE MORE AFFORDABLE AND AVAILABLE TO ALL AMERICANS; FURTHER URGING INSURANCE COMPANIES, EMPLOYERS AND STATE GOVERNMENTS TO EMBRACE COMPREHENSIVE HEALTH CARE REFORM TO PROTECT AMERICAN FAMILIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICIALS. 09-00360-Legislation. pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 108 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0179 Chair Sanchez: All right. Any pocket items? I have a pocket item I'd like to present. With 50 million uninsured Americans and health care insurance costs off the charts basically forcing millions to live without essential health care, it is important that we send a message to Washington, as the Administration and the House and the Senate now are anticipating on passing the health care in Washington. The resolution read as follow. The resolution of the City ofMiami Commission urging the members of the United States Senate and the House State -- United States House of Representatives to support President Barack Obama's goal of making health care more affordable and available to all Americans; further urging insurance companies, employers, and state governments to embrace comprehensive health care reform to protect American families; directing the City Clerk to transmit a copy of this resolution and designated officials to Washington. Having said that, so moved, and pass the gavel to Commissioner Sarnoff. Commissioner Sarnoff. All right. We have a motion. Do we have a second? Commissioner Regalado: Second. Commissioner Sarnoff. All in --? Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff. Any oppose? No. NA.4 09-00380 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE PROPOSED MEETING DATE FOR CONSIDERATION OF THE MIAMI 21 PLAN. DISCUSSED Commissioner Sarnoff. We have a motion to adjourn. Chair Sanchez: All right. Commissioner Sarnoff. Second? We're not taking up City Manager issues. Chair Sanchez: All right. Before we adjourn -- Pedro G. Hernandez (City Manager): Well, it's -- Chair Sanchez: -- Mr. City Manager, you're recognized for the record. Mr. Hernandez: -- really not a pocket item. It's just that it's one of those issues that we have had pending for a while, and earlier this week we have been, you know, talking to the Commissioners' office reference a date for Miami 21; and the date that we have is April 21, andl wanted to at least make that announcement to the Chair and the Commissioners. Chair Sanchez: All right. The meeting will be set for April 21, 9 o'clock. Huh? Commissioner Gonzalez: I won't be here at the 21st. City ofMiami Page 109 Printed on 4/16/2009 City Commission Meeting Minutes April 2, 2009 Chair Sanchez: No? Okay. Well, we won't have one Commissioner, so you may not have two or three of them 'cause apparently you didn't -- did you consult with all the Commissioners as to the date availability? So I don't think we're going to have it on the 21 st. MOTION A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, to adjourn today's meeting. Chair Sanchez: Is there a motion to adjourn? Commissioner Sarnoff. So moved. Commissioner Regalado: Second. Chair Sanchez: And a second? Commissioner Sarnoff. All in favor, aye. Chair Sanchez: Aye. Thank you. City of Miami Page 110 Printed on 4/16/2009