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HomeMy WebLinkAboutCC 2009-05-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 14, 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 May 14, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones Absent: Commissioner Gonzalez On the 14th day ofMay 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 9:30 a.m., recessed at 12:15 p.m., reconvened at 1: 02 p.m., recessed at 1: 02 p.m., reconvened at 2: 58 p.m., and adjourned at 4:22 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk Chair Sanchez: (INAUDIBLE) everyone. Welcome to the City ofMiami Commission meeting. The meeting is officially being called to order, as we do have three Commissioners and have a quorum. We are waiting for Vice Chair Spence -Jones, and I have been informed that Commissioner Gonzalez has had an emergency, and he will be possibly arriving a little later. But want to take this opportunity to welcome you to the May 14, 209 [sic] regular Commission meeting. The meeting is being held here at our historic chambers. The members of the Commission are Vice Chair Spence Jones, Commissioner Regalado, Commissioner Angel Gonzalez, Commissioner Marc David Sarnoff, and myself as your Chair. Also present, we have the City Manager, Pete Hernandez; and we also have our City Attorney, Julie O. Bru; and we have our City Attorney [sic], Priscilla Thompson, who is present with us. Well, no, Priscilla is not here. I do apologize. And we do wish her the best, as she has had also a crisis in her family, and we pray for her and her family. All right, the meeting will be opened with a prayer by myself and the pledge of allegiance by Commissioner Sarnoff. We'll start with that. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00473 PRESENTATION Honoree Presenter Protocol Item Have It Your Way Mayor Diaz Proclamation Foundation & Burger King United Way Mayor Diaz Certificates Ambassadors Pedro G. of Appreciation and Participants Hernandez, City Manager Special Presentation City of Miami Fire Rescue National EMS Week 09-00473 Protocol.pdf PRESENTED 1. City Manager Pedro G. Hernandez paid tribute and presented Certificates ofAppreciation to Chief Executive Officer Harve Mogul (United Way), Ralph Perez, and Mireille Louis Charles for their participation in the success of the 2009 United Way Campaign; further recognizing with Certificates ofAppreciation Lourdes Lopez, Claudia Miro, Vivian Romero, and a host of City of Miami employees who exercised outstanding volunteer work as core team members and ambassadors in the 2009 United Way Campaign. City ofMiami Page 3 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 MAYORAL VETOES 2. Deputy Fire ChiefMaurice Kemp, in recognition of the City ofMiami Fire Rescue - National EA/IS Week, presented plaques to City ofMiami firefighters who went beyond the call of duty in rendering exceptional service, specifically Firefighters Samuel Claus, Jose Siut, and Retired Captain Christopher Musser, whose award was accepted by his son, Lieutenant Grant Musser; further recognizing Fire Rescue Lieutenant Kenneth Sowma, EMS Chief Hugo Rodriguez, and Drs. Shrank and Grossman, medical directors. 3. Mayor Manuel A. Diaz presented a proclamation for the Burger King Corporation for raising over $1.2 million between February 15 and March 16, 2009 for the Muscular Dystrophy Association; accepting said proclamation on behalf of the "Have It Your Way Foundation/Crowns for a Cure Day in Miami" was Brianne Fearon, district director with the Muscular Dystrophy Association. Chair Sanchez: All right. The order of the day is the agenda that has been presented. That will be the order of the day. We ask the -- we ask at this time that we go with the presentation [sic] and proclamations that'll be presented. That is the first item on the agenda. That will be followed by the consent agendas [sic]. But at this time, what I'd like to do is -- I believe that the Mayor has some items pertaining to presentations and proclamation [sic]. At this time I would recognize the City Manager, Pete Hernandez. Mr. City Manager, you're recognized for the record. Presentations made. [Later... ] Chair Sanchez: All right, that officially concludes the presentation [sic] and proclamations. NO MAYORAL VETOES Chair Sanchez: At this time I have in my possession a letter. There are no mayoral vetoes provided to the Clerk by the Mayor. As procedures, that letter needs to be provided to the Clerk stating that the Mayor has not vetoed any of the items pertaining to previous agenda -approved items. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Votes: Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: We will follow the agenda. The next item on the agenda is approving the minutes of the following meetings [sic]: The regular Commission meeting ofApril 2, 209 [sic]. Need a motion to approve those minutes. Commissioner Sarnoff So moved. Commissioner Regalado: Second. Chair Sanchez: Motion has been made by Commissioner Sarnoff second by Commissioner Regalado. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 4 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 5 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Order of the Day Chair Sanchez: We have one more presentation, and they're not here; but if they get here, we'll go ahead and present it. If not, we'll go on with the agenda. Is Burger King here, Muscular Dystrophy? They are not. So, if anything, what we'll do, if we start and they get here in a reasonable time, we'll present the presentation. If not, we'll invite them to the next Commission meeting and we could do it then. "[Later...]" Chair Sanchez: We'll go ahead now and begin the regular Commission meeting. The City Attorney will state the procedures to be followed during this meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. Members of the Commission, Madam Clerk, Mr. Manager, members of the public, we're here on May 14 City Commission agenda. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's Office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices. 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 disability requiring auxiliary aids and services for this meeting may notify the City Clerk. Thank you, Mr. Chairman. Chair Sanchez: Thank you, Madam Attorney. Those are the procedures to be followed. "[Later...]" Chair Sanchez: At this time the Chairman -- the Administration will announce which items, any of the items, are being withdrawn or deferred or substituted. Mr. City Manager, you're recognized for the record, or the City Attorney, to state those. if Ms. Bru: I know that the Manager has some, but I do have an item. It is RE.8. It was an item placed on the agenda by the City Attorney's Office. I'd like to continue that to the next regular meeting. Chair Sanchez: That's RE.8, and that is authorizing engagement of DOSP (Department of Off -Street Parking) bargaining agreement? Is that it? Ms. Bru: Correct. Chair Sanchez: All right. So that item is being continued. Pamela E. Burns (Assistant City Clerk): Excuse me. That would be deferred to May 28, is that correct? Ms. Bru: No. The next regular agenda, June. Ms. Burns: Thank you. Ms. Bru: Thank you. Chair Sanchez: So deferred to June, okay. Any other items? Mr. City Manager, you're City ofMiami Page 6 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, items RE.12, RE.13, and RE.14, all dealing with the museums, I will ask that those items be deferred to May 28. Chair Sanchez: All right. Any other items that are being continued, deferred? All right, if not, I need a motion for those items that have been stated on the record to be deferred. Commissioner Sarnoff So moved. Chair Sanchez: Motion is made by Commissioner Sarnoff. Commissioner Regalado: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Commissioner Regalado. No discussion on those items. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Those items have been deferred. City ofMiami Page 7 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 CA.1 09-00431 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A CONTRIBUTION TO THE GEORGIA INTERNATIONAL LAW ENFORCEMENT EXCHANGE ("GILEE") TO SUPPORT THE 2009 GILEE PROGRAMS FOR LAW ENFORCEMENT EXECUTIVES AND OFFICIALS, IN AN AMOUNT NOT TO EXCEED $5,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NUMBER 1169, PROJECT NUMBER 19-690001, AND ACCOUNT CODE NUMBER 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN CERTIFIED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 09-00431 Legislation.pdf 09-00431 Summary Form.pdf 09-00431 Affidavit.pdf 09-00431 Text File Report.pdf 09-00431 Letter 1.pdf 09-00431 Certification of Applicant.pdf 09-00431 GELEE.pdf 09-00431 Department of Criminal Justice.pdf 09-00431 Letter 2.pdf 09-00431-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.2 09-00432 Department of Purchasing R-09-0210 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED FEBRUARY 25, 2009, PURSUANT TO INVITATION FOR BIDS NO. 94050,1, FROM TRIANGLE ASSOCIATES, INC. AND QUEST ENGINEERING SERVICES & TESTING, INC., THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROCUREMENT OF PLANS REVIEWERS AND BUILDING INSPECTION SERVICES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 8 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 09-00432 Legislation.pdf 09-00432 Summary Form.pdf 09-00432 Award Recommendation.pdf 09-00432 Tabulation of Bid.pdf 09-00432 Bid Security List.pdf 09-00432 Award by Quote.pdf 09-00432 Invitation for Bid Plans Review.pdf 09-00432 Corporation.pdf 09-00432 Corporation 2.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez CA.3 09-00436 Department of Parks and Recreation R-09-0211 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING RESOLUTION NO. 08-0428, ADOPTED JULY 24, 2008, ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLED, 2008-2011," BY APPROPRIATING FUNDS FOR ITS CONTINUED OPERATION IN THE ESTIMATED ADDITIONAL AMOUNT OF $199,418 TO THE PREVIOUSLY APPROPRIATED AMOUNT OF $600,582 FOR A TOTAL OF $800,000; AUTHORIZING THE CITY MANAGER TO ACCEPT ANTICIPATED PAYMENT FOR SERVICES IN THE ESTIMATED TOTAL AMOUNT OF EIGHT HUNDRED ($800,000) FROM THE STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION ("AHCA") FOR MEDICAID WAIVER SERVICES MEDICAID PROGRAM DEVELOPMENT, THE STATE OF FLORIDA, DEPARTMENT OF EDUCATION, DIVISION OF VOCATIONAL REHABILITATION ("DOE/VR") FOR EMPLOYMENT AND SUPPORTED EMPLOYMENT SERVICES, AND THE SOCIAL SECURITY ADMINISTRATION ("SSA") FOR EMPLOYMENT AND SUPPORTED EMPLOYMENT SERVICES AS AN EMPLOYMENT NETWORK CONTRACTOR FOR THE TICKET TO WORK AND SELF SUFFICIENCY PROGRAM; WITH SAID INCREASE BASED ON THE CITY OF MIAMI'S ABILITY TO PROVIDE ADDITIONAL SERVICES THROUGH THE DOE/VR AND SSA AND ELIGIBLE DISABLED PARTICIPANTS; FURTHER AUTHORIZING THE CITY MANAGER TO APPLY FOR, RENEW, NEGOTIATE AND EXECUTE MEDICAID WAIVER SERVICES AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), AND ALL OTHER NECESSARY DOCUMENTS TO ACCEPT SAID PAYMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY AND THE RISK MANAGEMENT DIRECTOR; WITH SAID PAYMENTS TO BE MADE BY THE AHCA, DOE/VR AND THE SSA ON A REIMBURSEMENT BASIS, SUBJECT TO STATE APPROPRIATIONS, FOR SERVICES AND PROGRAMS FOR THE DEVELOPMENTALLY DISABLED WHICH ARE ADMINISTERED BY THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THROUGH ITS PROGRAMS FOR PERSONS WITH DISABILITIES DIVISION, DURING THE PERIOD OF JULY 1, 2008 THROUGH JULY 1, 2011. City ofMiami Page 9 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 09-00436 Legislation.pdf 09-00436 Exhibit.pdf 09-00436 Summary Form.pdf 09-00436 Disabilities State Program.pdf 09-00436 Pre Legislation.pdf 09-00436 Provider Certificate.pdf 09-00436 Letter Medicaid Waiver.pdf 09-00436 Medicaid Contract.pdf 09-00436 E-mail 1.pdf 09-00436 E-mail 2.pdf 09-00436 Pre Summary Form.pdf 09-00436 Rehabilitation Contract.pdf 09-00436 Proposal.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0212 CA.4 09-00437 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ALLOCATING FUNDS FROM THE COMPASSION CAPITAL FUND DEMONSTRATION GRANT PROGRAM FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, IN THE AMOUNT NOT TO EXCEED $210,000, EFFECTIVE OCTOBER 1, 2009, TO THE AGENCIES SPECIFIED IN "ATTACHMENT A", ATTACHED AND INCORPORATED, AND ACCEPTING THE AGENCIES SPECIFIED IN "ATTACHMENT A", AS RECIPIENTS OF TECHNICAL ASSISTANCE AWARDS FOR CAPACITY BUILDING ACTIVITIES, FOR A ONE-YEAR PERIOD EFFECTIVE MAY 15, 2009; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSES. 09-00437 Legislation.pdf 09-00437 Exhibit 1.pdf 09-00437 Exhibit 2.pdf 09-00437 Exhibit 3.pdf 09-00437 Exhibit 4.pdf 09-00437 Summary Form.pdf 09-00437 Miami Nice Demostration Program.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0213 CA.5 09-00438 RESOLUTION City ofMiami Page 10 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO Commissioner SECTION 18-82 (A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS Marc David Sarnoff AMENDED, CLASSIFYING A DOG STATUE LOCATED IN THE OFFICE OF COMMISSIONER MARC SARNOFF, AS CATEGORY "A" SURPLUS STOCK AND DONATING SAID STATUE TO THE HUMANE SOCIETY OF GREATER MIAMI, A 501 (3) (C) NON-PROFIT, CHARITABLE ANIMAL WELFARE ORGANIZATION, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS. 09-00438 Legislation.pdf 09-00438 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0214 CA.6 09-00474 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DIRECTING THE CITY MANAGER TO CREATE AND IMPLEMENT THE MAYOR'S CITYWIDE COLLABORATIVE WORKFORCE INITIATIVE MASTER PLAN ENTITLED "EMPLOY MIAMI", WHICH INCLUDES SUCH WORKFORCE SEGMENT EFFORTS AS; MIAMI WORKS (CONSTRUCTION FOCUS); HOSPITALITY TRAINING (HOSPITALITY INSTITUTE); GREEN JOBS TRAINING; RETAIL TRAINING AND LAND REDEVELOPMENT (BROWNFIELDS); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AGREEMENT(S), AND TO INCLUDE ALL SUPPORTING DOCUMENTS NECESSARY FOR THE PURPOSES SET FORTH HEREIN. 09-00474 Legislation.pdf 09-00474 Exhibit.pdf SPONSORS: COMMISSIONER SPENCE-JONES COMMISSIONER SANCHEZ Motion by Chair Sanchez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado R-09-0227 Chair Sanchez: All right. Let's pick up CA. 6. CA.6 is the consent agenda that, at the request of the Vice Chair, was tabled to take up. We'll take that item up now. It is a consent agenda. I'm not going to open up to the public. We're just going to vote on it, and then, you know, we're going to have about a 15-minute recess and come back and finish the appointments 'cause I'm still working on one or two appoint -- an appointment that we haven't confirmed yet. All right, so let's take up CA.6. CA.6 is a consent agenda. And why don't we read the consent agenda into the record, and then we'll vote on it. Madam Attorney, could you, please, out of the norm, read the consent agenda into the record? Pedro G. Hernandez (City Manager): CA.6. City ofMiami Page 11 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: CA.6. Julie O. Bru (City Attorney): What the item is? Chair Sanchez: Yes. Ms. Bru: This is a resolution that would direct the City Manager to create and implement the Mayor's citywide collaborative workforce initiative master plan. This is a plan that's called Employ Miami. It would include workforce segment efforts such as Miami Works construction focus, hospitality training, hospitality institute, green jobs training, retail training, and land redevelopment and brownfields. This would authorize the Manager to execute the agreements necessary for this effort. Chair Sanchez: All right. Ms. Bru: And I believe that there's already money allocated towards this. Chair Sanchez: Correct. All right, so let's get -- I'll pass the gavel to Commissioner Sarnoff. I would move the item. Vice Chair Spence -Jones: Second. Commissioner Sarnoff All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff Have any opposed? Chair Sanchez: No. Commissioner Sarnoff Okay, it passes. Chair Sanchez: But will like to state something on the record. I'll -- at this time -- Mr. Hernandez: Mr. Chairman, just for the record, I wanted to point out that the funding for this program is from the Mayor's Poverty Initiative at 100, 000. Chair Sanchez: Yeah, but -- Vice Chair Spence -Jones: Mr. Chair -- Chair Sanchez: -- let me just state for the record that this is -- as we face a tough economy right now and the crisis that we're in, Miami residents are facing serious hardships and a lot of people don't have jobs. We have been given an opportunity here, whether some support it or don't support it, to create an avenue of employment for a lot of people in our community. That's a responsibility I take very seriously in these tough economic times. Not only are people losing their jobs, they lose their homes. They're losing everything. So with this and these agreements that have been made by the City, the County, and the Marlin [sic] and basically all the other development that's out there, we have an opportunity to create jobs for people. And in that process, we have an opportunity also, as elected officials, to find solutions to problems. And one of them is that people don't have the proper training for some of these jobs. And by putting this together with Miami Works, it's -- Miami Works is one of the solutions to making sure that we're able to train people to have those jobs. And not only those jobs because, once you're trained, you move on to other jobs and you're able to be skillful in other jobs. And the greatest thing, the City ofMiami Page 12 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 greatest resource that you could give somebody right now is an opportunity to have a job and to get a paycheck. People don't want a handout. People don't want a [sic] unemployment check. People want to work. And we have with us today a lot of unions that are here. You in the construction field are the ones that have been -- who have felt the worst burden of this tough economic times because, at one time when we did have the booming development in the City of Miami, a lot of you had jobs, and a lot of you had jobs for years. And during those years, you were able to possibly save up and buy a house or buy a car or educate your child, and you had a couple exfra dollars in your pocket to take your wife out and your family to a nice dinner. Well, since that development boom stopped, a lot of you -- and I would say a large percentage of you, have not had a job in a long time. Through this initiative and through this plan and working with all the unions and the training that a lot of you are going to get, you're going to have that opportunity. And I always said it. I said these projects that benefit a neighborhood must benefit the neighbors and must benefit the people that live in Miami. In the agreement, language is there to make sure that we provide jobs to local individuals in our community. Today is that opportunity. And I think that with this entire process, I think that we'll be able to help not only the construction workers, but also the hospitality; provide green jobs, retail and land development field and provide opportunities for people. So at this time, I want to pass it over to the Vice Chair, who has also basically worked very hard to get this done. And at this time, I recognize the Vice Chair. Vice Chair Spence -Jones: Thank you, Mr. Chairman. First of all, I want to say this is long overdue, and I know you know what I mean by "long overdue." For me, I'm happy to see this legislation taking place in the heart of the City ofMiami. During the discussions, you know, one of the major issues for me even holding out on voting on this issue was to make sure that the people, the common everyday folks that live in the neighborhood, have the opportunity to have responsible wages and have the opportunity to participate on mega projects that are taking place in the City. And I want to thank Mr. Riley. I want to thank Mr. Frost for coming to meet with me. I want to thank Al Houston and his group for meeting with me, Miguel and his group for meeting with me, and Franklin Gray, and the many other people that actually made me understand how important it was to make sure that this particular item took place in the heart of the City ofMiami. So I want to thank you personally for pushing on that issue 'cause it's going to benefit everyone in the City. This is a public private partnership that will take place. We want to make sure not only the mega projects the City ofMiami has underway, the Marlins, Museum Park, all the stimulus projects that are going to be taking place -- yes, we want to make sure those projects take place, but we also want to make sure that the construction companies that get these gigs understand how important it is for them to be in partnership with us as well, as well as the unions. I'm extremely excited about the apprenticeship program and what this is going to actually do in the neighborhoods. These mini Miami Works centers will be placed in neighborhoods that, quite frankly, need this kind of training taking place, whether or not that be Liberty City, which we already have. But Overtown, the West Grove, Little Havana, for the first time, will have centers right there in the heart of the neighborhoods training people, getting them prepared for all of the mega projects that are going to take place. So I just also want to state also on the record this is the first step of the many steps. The second step is the ordinance that we'll be bringing up also in June. That also calls for contractors to be responsible, to make sure that the key things that are necessary in order to put teeth into the overall agreements take place, and that's what this is all about in the end. So I just want to say thank you to my fellow Commissioners for supporting this 'cause we all believe that it's important to make sure that you guys are working. We don't want people coming from outside of Dade County getting the work; makes no sense. It's crazy. So today is the first of the many steps. I'm glad to see the Miami Marlins also in the house. I really appreciate them participating. We will have a press conference to follow. I know that some of the Commissioners also have other engagements. I mean -- I believe Commissioner Regalado has to be on the radio today -- Commissioner Regalado: No, no. I cancelled. City ofMiami Page 13 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Vice Chair Spence -Jones: Chair Sanchez: All right. Vice Chair Spence -Jones: You do? Commissioner Sarnoff I Vice Chair Spence -Jones: Commissioner Sarnoff - Vice Chair Spence -Jones: Chair Sanchez: All right. to do is, if we could get -- appointments -- Oh, you're going to be here, good. And I think -- -- Commissioner Sarnoff, I don't know if you have something as well. got a 12: 30 -- Okay. - lunch. So I just want to say thank you for your support. We voted on this item. It passed. Congratulations. What we're going I think all we have is the appointments. If we could defer the Commissioner Regalado: I have three pocket items. Chair Sanchez: Okay. Then we're going to take a 15-minute recess, and we'll be back and we'll take up some of the items -- Vice Chair Spence -Jones: You don't want to just --? Chair Sanchez: -- and the pocket items. Vice Chair Spence -Jones: Oh, you don't think we should -- Chair Sanchez: City Commission stands in recess for 15 minutes. [Later... Chair Sanchez: All right. For the record, we had called for a 15-minute recess. That was about a half an hour ago. We do apologize. We're going to go ahead and the City Commission meeting is going to stand in recess 'til 2:30. So we'll see you back at 2:30. Adopted the Consent Agenda Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF CONSENT AGENDA Chair Sanchez: All right. Consent agenda. Any items on the consent agenda wishing to be pulled? I believe the Vice Chair has requested that CA.6 be pulled and be brought as the last item before we go to lunch; is that correct? Vice Chair Spence -Jones: Yes. Chair Sanchez: Okay, so CA. 6 will be pulled, and it'll be brought as the last item, as a point of privilege, before we break for lunch. Any other items on the consent agenda that any of the City ofMiami Page 14 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioners want to pull for discussion? Hearing none, need a motion to approve -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- the remaining consent agenda. Commissioner Sarnoff Second. Chair Sanchez: Motion has been made by the Vice Chair, second by Commissioner Sarnoff. Any discussion on any of the items? 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. And the consent agenda, except CA.6, have been approved. City ofMiami Page 15 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 PH.1 09-00480 Office of the City Attorney 10:30 A.M. PH.2 09-00440 Department of Community Development PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ENABLE MIGUEL M. DE LA 0 AND DAVID EVERETT MARKO TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI IN A LAWSUIT AGAINST CERTAIN CONSTRUCTION, ENGINEERING, AND INSURANCE COMPANIES. 09-00480 Legislation.pdf 09-00480 Memo 1.pdf 09-00480 Memo 2.pdf 09-00480 Public Hearing.pdf NO ACTION TAKEN A motion was made by Commissioner Sarnoff to approve Item PH.1, but failed for lack of a second. Chair Sanchez: We move on to the public hearings. Let's take up item number one, which requires a four fifth vote. That's PH.1. Julie O. Bru (City Attorney): Mr. Chairman, PH.1 is an item which seeks to have a conflict waived by this Commission by a four fifth vote. It would be to waive the conflict for Miguel de la 0 and David Marko. They're both attorneys. They both serve on City boards. Mr. De la 0 serves on the City's Civil Service Board; Mr. Marko serves on the City ofMiami Green Commission. These are attorneys that the City Attorney wishes to engage for purposes of representing the City in a lawsuit that will be filed against an engineering firm and several contractors who provided some work for us in connection with the replacement of sidewalks. These attorneys have unique expertise, in my opinion, and are very uniquely situated to represent the City in the claim. The claim would be one that arises out of breach of contract. They had previously represented a plaintiff who had sued the City in connection with the same work. The allegation was that the work did not comply with the ADA (Americans with Disabilities Act). And the experts that they had retained were excellent, in our opinion; they're intimately familiar with the facts; and I think that they will be -- we will be best served if we were to be represented by this firm in seeking now damages from the contractor and the engineering firm. Commissioner Sarnoff So moved. Chair Sanchez: All right, there is a motion. Is there a second? Is there a second? Okay, there is no second. All right, so there is no second. Okay. A sign language interpreter translated discussion of Items PH.2 - PH.4. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS, IN THE AMOUNT OF $3,392,918, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN City ofMiami Page 16 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 DEVELOPMENT FOR THE HOMELESSNESS PREVENTION AND RAPID RE -HOUSING PROGRAM THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 09-00440 Legislation.pdf 09-00440 Summrary Form.pdf 09-00440 Public Notice.pdf 09-00440 Letter.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0215 Chair Sanchez: Okay, we're going to take up PH4 through -- PH.2 through PH4. Those were properly advertised at 10:30. We have the translator here; want to get him out. Let's go ahead and take up PH.2. George Mensah: George Mensah. I'm director of Community Development. Mr. Chair, PH.2 is a resolution of the Miami City Commission accepting funds in the amount of $3.392 million, consisting of a grant from the United States Department of Housing and Urban Development for the Homelessness Prevention and Rapid Re -Housing Program through the American Recovery and Reinvestment Act of 2009. Chair Sanchez: Okay. We're on PH.2. PH.2 is a resolution. It's a resolution, but it requires a public hearing. Let's get a motion and a second. Commissioner Sarnoff So moved. Chair Sanchez: So moved by Commissioner Sarnoff. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. Before we open it up for discussion, let's 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 -- oh, I'm sorry. I didn't see you. I apologize. Please step up. You're recognized for the record. Why don't -- okay. You could -- Shannan Reaze: Great. So Shannan Reaze from Power U Center for Social Change, 164 -- Chair Sanchez: Good morning. Ms. Reaze: -- Northwest 20th Street. How y'all doing today? So we're very excited to see that the ARR [sic] funds are beginning to move through the municipalities locally, so we just wanted to come and give some of our thoughts that our members have been having around these programs that are coming down and some things that we can do to make sure that we really target people in a way that provides the maximum improvement for folks that are low-income and 50 percent ofAMI (Area Median Income) and under as these funds come through. So there was a couple of things that I wanted to just put out on the record. I'm excited to see that this'll be going to HUD (Department of Housing and Urban Development) with you all's application accepting this grant funding. So number one, I think that for targeting, we need to look at a few City ofMiami Page 17 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 different things. Foreclosure rates should be a part of how we target communities around this HRPR fund. Unemployment rates should be cross-referenced with the foreclosure rates. We would like to see some connection to the court system and the evictions, the renters who are being evicted out of foreclosures, that we are doing some direct targeting within that system to find the people who desperately need this service. If we could also cross-reference on the cost -burden mapping. The people -- the areas of our city that are seeing 50 and 60 percent of their income going towards their housing, that we directly target those individuals. I would love to see us do some sort of collaboration. I know that this County's involved with this, as well as been meeting and having roundtables and things like that. Within that roundtable, as we take applications for this funding, we would like to see who of those applications are actually on the waiting list, and how do we not just take money and keep throwing it into the private market where people just cannot afford the housing, but if people are applying for these funds and are actually on the MDHA (Metropolitan Development and Housing Agency) waiting list, we are actually trying to place those people versus using this limited $3 million to support the private market further; that we actually target folks when they come in and they're on the list, that we have some good City/County collaboration to get them placed into the public housing and the subsidized housing. The other thing I just want to point out that this actually qualifies -- over 40,000 homes throughout the City qualify for this funding. And I think the way we go about targeting it, the collaboration you all have with Miami -Dade County is critical and important, and we're really excited. The other thing that our membership has been talking about is what is the cap for this funding. What is the amount of money that a participant can receive? Our members have done their analysis of what's going on. We know it can go for relocation. It can go for rental assistance. It can go for all of these -- utility assistance, these different things. We would like to see this be a $2,500 cap per participant where they are able to use those funds -- the funds can be used up to 18 months. We would love to see a three- to six-month period for people to be able to use that $2,500 either for relocation, rental assistance, or utility assistance; and I understand that capping it at that much means we will serve fewer families. I see that you've got a million nine -- or $1.9 million that are going to be in the financial assistance plan. That'll serve about 900 families under the cap that we're talking about. So we just wanted to put these things into the record. Hope that we can be a part of these roundtables and things to make sure that we're targeting communities so that this actually helps us bring people out of poverty and money goes for what Obama said it to do -- Chair Sanchez: Thank you. Ms. Reaze: -- freedom. Rita Brown: Hi. Unfortunately, I happen to be one of the renters who are in need of the money. My name is Rita Brown, and I'm a member of 429 Northwest 8th Street. I was taking up 204, but I was burnt out; now I'm in 205. At no cost [sic] of my own did the fire start. I'm here with Power U, as well as the Renters Majority project, and we are excited that the ARRA (American Recovery and Reinvestment Act) money is on the way to help us that are in crisis. We have been out talking to the renters being impacted and in need. We are -- there are over 40,000 Miami homes that could be eligible for this money. We need to make sure that we use this money to help people in real ways. We hope you all take that in consideration, as well as the assist should be 2,500 per participant. Please take that very much in consideration for I am one of those that need. Chair Sanchez: Thank you. Ms. Brown: Thank you. Chair Sanchez: All right. Yes, sir. Good morning. Joe Chi: Good morning. I'm here actually to address another issue, but I'd like to dovetail into City ofMiami Page 18 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 this issue. First of all, I didn't get a chance to thank -- Commissioner Sarnoff State your name. Mr. Chi: Oh, I'm sorry. My name is Joe Chi, address 2340 Northwest 27th Avenue. Like I said, I was here to address a different issue, but I didn't get a chance to congratulate the superintendent here who was here recently on another matter. I'd like to congratulate him at this point also for working with South Florida Workforce. I was former vice chair there, and we're -- at this point we're working a collaborative effort in order to be able to bring in South Florida Workforce funds into funding City ofMiami projects at this time. Also, I've just been recently elected as chairman of the Miami -Dade County Federal Empowerment Zone Trust, and it's also a U.S. Housing and Urban Development project;; and at this point we've done our last RFP (Request for Proposals) and we have approx -- besides that, we have approximately $150 million in unused bonding capacity, which I like to see being used in the greater Miami area, possibly for reindustrialization project in order to be able to help our homeless situation, our unemployment situation, and the difficult situation we're all going through now. Thank you. Chair Sanchez: Thank you. All right. Anyone else? If not, the public hearing is closed, coming back to the Commission. There's been a motion and a second. It's 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." Motion carries. PH.3 09-00441 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") AMENDED Development ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009, CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009, CITY'S DEPARTMENT OF COMMUNITY DEVELOPMENT, TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 09-00441 Legislation.pdf 09-00441 Exhibit.pdf 09-00441 Summary Form.pdf 09-00441 Public Notice.pdf 09-00441 Letter.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0217 Direction by Vice Chair Spence -Jones to the Administration to include as a part of the programming aspect for "Homelessness Prevention and Rapid Re -Housing Program" (Item PH.2) recommendations placed on the record by Power U representatives Sharman Reaze and Rita Brown; further directing that priority is given to the elderly, disabled, and veterans. Chair Sanchez: PH.3, it's also a resolution. City ofMiami Page 19 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 George Mensah (Director, Community Development): Mr. Chair, PH 3 is a companion item to PH.2, and this is to approve the substantial amendment for acceptance of the Homeless Prevention funds. Chair Sanchez: All right. Let's -- Commissioner Sarnoff So moved. Vice Chair Spence -Jones: So moved. Chair Sanchez: -- get a motion and a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been -- Vice Chair Spence -Jones: Discussion. Chair Sanchez: -- proffered by Commissioner Sarnoff second by the Vice Chair. Discussion. Before we open it up for discussion, it is a resolution but also a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Grady Muhammad: Commissioners, Mr. Chairman, Vice Chairman [sic], staff. Grady Muhammad. This is a wonder issue and item. Only thing I would -- Commissioner Sarnoff State your name. Mr. Muhammad: Grady Muhammad, 6130 Northwest 7th Avenue. Sorry about that. The only thing I would ask is to, with the acceptance of this, an amendment is to potentially look at -- with the $150, 000 to look at the hiring of a outside person that can be able to do the counting because even though you have the staff it's already monies in their budgeted [sic] to hire -- you may hire a City staff or you could hire a private entity to be able to do it. I think it should be amended to potentially looking at hiring someone from the private sector so the numbers can be, you know, sometimes fudged, but we can have someone independently to be able to verify the numbers that the agencies will report with us, the Homeless Trust, the continuum of care, others. It's just a consideration. Thank you. Chair Sanchez: Thank you. Discussion? Public hearing is closed, coming back for discussion. Vice chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Well, we all know this is long overdue. I mean, this legislation, the one before, and the one that's -- that we're presently -- that we've presently voted on is definitely something that's needed. I definitely would like to make sure that the recommendations that were put on the record by Power U are included in the overall programming aspect of what -- you know, what we need to be -- actually put together to put out for -- to the public. I think they've made some great recommendations and those are some of the things that we should definitely consider. I know that we also talked about additional things, too, George, in our -- during our briefings, and one of the things that I'd like to make sure happens in the midst of all of this is that we consider the elderly, the disabled, and the veterans, that there is some priority given to those three groups because those are individuals that clearly need a lot of assistance; and because of them living on fixed income most of the time, they're not able to do the extras that they're being faced with now, so if -- only thing that I want to have added is those three things -- those three items, okay? City ofMiami Page 20 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 PH.4 09-00442 Department of Community Development Mr. Mensah: Thank you. Vice Chair Spence -Jones: And with that, I think we have a motion and a second, right? Chair Sanchez: All right, motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT DRI CONTRACT BETWEEN MIAMI- DADE COUNTY AND THE CITY OF MIAMI, EXTENDING THE CONTRACT FROM JUNE 30, 2008 TO DECEMBER 31, 2009, FOR THE PURPOSE OF PROVIDING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $2,000,000 FOR THE REHABILITATION OF MULTI -FAMILY PROPERTIES THAT SUFFERED HURRICANE DAMAGE UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT, AKA DISASTER RECOVERY PROGRAM, FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; THE CITY MANAGER IS FURTHER AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS, FOR SAID PURPOSE. 09-00442 Legislation.pdf 09-00442 Exhibit.pdf 09-00442 Summary Form.pdf 09-00442 Public Notice.pdf 09-00442 Pre Legislation.pdf 09-00442 Master Report.pdf 09-00442 Letter.pdf 09-00442 Attachment A.pdf 09-00442 Attachment B.pdf 09-00442 Newspaper Page.pdf 09-00442-Submittal-Commissioner Sarnoff.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0216 Direction by Commissioner Sarnoff to the City Attorney to initiate a Legal Services Request in reference to the legality of the City being able to rehab a property without the owner's permission or create a legal mechanism where an absentee landlord can be taken, to some degree, out of the picture in order to allow rehabbing to occur and allow a renter to remain on the property. Chair Sanchez: And we go on to -- Vice Chair Spence -Jones: PH.4. City ofMiami Page 21 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: -- PH.4. George Mensah (Director, Community Development): Mr. Chair, PH.4 is a resolution to authorize the City Manager to execute amendment one in a form that is attached for fiscal year 2005 Community Development Block Grant Disaster Relief contract between Miami -Dade County and the City ofMiami, to extend the contractfrom June 30, 2008 to December 31, 2009. Vice Chair Spence -Jones: So move. Chair Sanchez: All right, there's a motion. Is there a second? Commissioner Regalado: Second. Chair Sanchez: There's a motion and a second. It's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back -- Grady Muhammad: Mr. Chair. Chair Sanchez: Oh, I'm sorry, Muhammad. I didn't see you. Mr. Muhammad: Good morning, again. This will be the last item I'm speaking on. Grady Muhammad, representing At the Radius Group Crossroad Development, a nonprofit. The property located at 7035 Northeast 4th Court, in Commissioner Sarnoffs district, we spoke about it a couple of years ago. It was damaged in the hurricane. We needed some funding. The roof was tore [sic] off but then contractors ran off with the money. And then another contractor we got did a terrible job. So it's a five -unit complex, which meets the multifamily statute, but more importantly, the rents in this project, for every one -bedroom, it's $680. Lights, water, and cable is included in the $680. And again, Mr. Sarnoff I don't know whether you can find something in the Upper Eastside, Belle Meade, Palm Grove area that'll be affordable with lights, water, and cable included in the $680. So we would ask, definitely, to be considered for funding because we've spent over $150, 000 'cause we couldn't wait. If we waited now with the potential - - the mold and the mildew, as well as the roof we would -- we'd to had to take things to fix the roof. Like I say, we've lost money 'cause the confractor took it off and then the next confractor gave a bad roof so we just asking that the At the Radius Group Crossroad Development, Inc. be considered for funding because we was one of those damaged, and I think it fits the criteria. Thanks again. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Mr. Chairman. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Okay. I just wanted to add, the -- George just correct me. Is the -- has the application process closed already? Mr. Mensah: No. We haven't -- Vice Chair Spence -Jones: So it's open? Mr. Mensah: -- closed it. It's online and they can easily go there and apply. City ofMiami Page 22 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Vice Chair Spence -Jones: So other people that are watching now know that if there's a multifamily out there that fits the criteria -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- they definitely can be included. I'm not sure -- Mr. Muhammad just mentioned this particular property. Is that property one of those properties that have already been -- Mr. Mensah: No. It's -- Vice Chair Spence -Jones: -- processed? Mr. Mensah: -- not on our list. He can go online and apply to it. Vice Chair Spence -Jones: So -- Mr. Muhammad: Crossroad Development, Inc., Mr. Stephan (phonetic) McGill, who's a City of Miami -- Mr. Mensah: Stephan (phonetic) McGill? Mr. Muhammad: Yes. Vice Chair Spence -Jones: He's in there. Mr. Mensah: Yes, yes. It's on this list. Vice Chair Spence -Jones: It's on there. Commissioner Sarnoff It's number two on your list. Mr. Mensah: It's on this list, yes. Vice Chair Spence -Jones: Okay. So that's what I wanted to just make sure that if not -- if he was not already on the list, then he needs to make sure that he applies. Mr. Mensah: It's on the list. Vice Chair Spence -Jones: And again, even though we passed this particular legislation, I just want the -- at least my fellow Commissioners to know and understand that there's still another step and that step goes to the County, correct? Mr. Mensah: To the County, yes, yes. Vice Chair Spence -Jones: So you know, that's kind of been the hold up of moving a lot of these multifamily units to be rehabbed, correct? Mr. Mensah: That's correct. Vice Chair Spence -Jones: Is there anything that we're doing, Mr. Manager, to expedite it in the -- from the County's perspective? Mr. Mensah: Because of -- as you know, there's been a lot of turnover in the County City ofMiami Page 23 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Administration as (UNINTELLIGIBLE) Community Development. I've requested a meeting with the current director of OCED (Office of Community & Economic Development) and I intend to -- and this is one of the issues that want to discuss in terms of how fast they're able to approve these projects so we can move forward on them. Vice Chair Spence -Jones: Okay. With that being said, I'm finished. Chair Sanchez: All right. Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff I just wanted to make part of the record that George Mensah sent a May 12 e-mail (electronic) which lists seven properties, and I wanted to make Mr. Muhammad aware of the fact that he's number two on the list, and -- but the applicant is Stephen (phonetic) E. McGill, City ofMiami Police, and there are -- everything else is pretty much a District 5 property that has been considered, so this list should be a part of the record for the -- you know, for our record purposes, and I just wanted to let you know that. Chair Sanchez: All right. Any further discussion on the item? Shannan Reaze: Is there a way within this process --? Chair Sanchez: Your name. Vice Chair Spence -Jones: Your name. Chair Sanchez: Name and address. Ms. Reaze: Oh, I'm sorry. Shannan again from Power U Center, 164 Northwest 20th Street 33127. Okay. So is there a way for residents who have absentee landlords or landlords who refuse to comply with building -- bringing their buildings up to Code to apply for these funds to supersede their ownership somehow into getting their homes rehabbed? Or if there's a way that the City would begin to open up a process for residents who have absentee landlords who don't live in the City and don't seem to care about property could actually begin to get their homes that they have to live in and deal with the health hazards of rehabbed through these programs? Mr. Mensah: May answer -- Vice Chair Spence -Jones: Yes. Mr. Mensah: -- Mr. Chair? Vice Chair Spence -Jones: I don't know if we can do that. Chair Sanchez: Yes. Mr. Mensah: No. Andl (UNINTELLIGIBLE) the City Attorney can answer this. If-- we cannot rehab a property that is with an application from tenants. You can only rehab a property with application from the owners. Commissioner Sarnoff Well, she brings up a good issue and something I think that's worth being researched by the City Attorney. We have property owners -- we have a lot downtown -- that simply -- as well as in residential -- don't take care of their buildings. Mr. Mensah: That's true. Commissioner Sarnoff And while Code Enforcement is a mechanism to theoretically create City ofMiami Page 24 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 compliance, oftentimes that in a residential setting, partly in a commercial setting as well, but certainly in a residential setting, the person who pays the price is the renter; and while we can do all sorts of things to that building, we take away probably a low -rent building from a renter and the question becomes is there a mechanism in law where we can either rehab a property without the owner's permission or keep the property where the renter can stay in occupying the property and we either start some sort of a legal proceeding where there's some sort of a frust created where the renter could remain on the property and the actual ownership of the property either be contested or a lien foreclosure or some mechanism where we take that absentee landlord to some degree out of the picture and allow some refurbishment, rehabbing to occur. It's an interesting question. Legally, it's -- I can understand the pitfalls involved in that, but is there some sort of an LSR (Legal Services Request) or something that we can do where we do rehab a property from an absentee landlord? We don't benefit that landlord 'cause obviously we're rehabbing their real property, but we are benefiting the renter. So either a lien, some justification where the City could use public funds where a lien is created or the property is somehow divested from the land -- from the owner, and I just don't know the law well enough to do that. But I think it's a worthwhile endeavor. Julie O. Bru (City Attorney): We'll consider that a request -- Chair Sanchez: Okay. Ms. Bru: -- for legal services. Chair Sanchez: All right. Any further discussion on PH.4, which is a resolution? If not, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 25 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 ORDINANCES - SECOND READING SR.1 09-00286 ORDINANCE Second 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. 09-00286 Legislation SR.pdf 09-00286 Summary Form SR.pdf 09-00286 Memo SR.pdf 09-00286 Notice of Public Hearing.pdf 09-00286 Map SR.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13062 Chair Sanchez: So we'll take up next item on the agenda is the public hearings that are properly advertised for 10:30, so we'll take other items up. Well go to SR.1. SR.1 is second reading ordinances [sic]. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR. 1 is an ordinance amending Chapter 54/Section 190, entitled "Nonstandard Street Widths," and it reduces the zone street right-of-way width on North Miami Avenue from 11 th Terrace to 14th Street from 95 to 70 feet, and there'll be no visible changes. Chair Sanchez: All right, SR. 1 is an ordinance on second reading. Need a motion. Commissioner Regalado: Move it. Commissioner Sanchez: No motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- on this one either? All right, there's -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- a motion by Commissioner Regalado, second by the Vice Chair Spence -Jones. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed. It comes back to the Commission for discussion. Any discussion on the item? Hearing no discussion on the item, it is an ordinance on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Yes, Mr. Chairman. City ofMiami Page 26 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Pamela E. Burns (Assistant City Clerk): Roll call on SR.1. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted, 4-0. SR.2 09-00292 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Finance 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 SR.pdf 09-00292 Summary Form SR.pdf 09-00292 Legislation FR .pdf 09-00292 Summary Form FR.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13063 Chair Sanchez: All right. Moving on to SR.2. SR.2 is also an ordinance on second reading. That item is brought to us by the Department of Finance. Diana Gomez: Diana Gomez, Finance director. This is second reading ordinance amending Chapter 35 of the City Code, specifically amending Article IX, entitled "Parking Facilities Surcharge," by clarifying existing language to ensure compliance with the state statute and adding definitions to clarify provisions of the surcharge. Chair Sanchez: Okay. Is there a motion on SR.2? Vice Chair Spence -Jones: So moved. Chair Sanchez: Motion has been made by the Vice Chair. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. It is a ordinance on second reading. Before we open it up for discussion, anyone from the public wishing to address this item, please stand up, identify yourself. Seeing no one, the public hearing is closed, coming back for discussion. Discussion on the item, Commissioner Regalado. City ofMiami Page 27 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Regalado: Thank you. You know about the City Attorney's opinion on parking meters -- on parking machines on off-street, right? Ms. Gomez: I saw it, yes. Commissioner Regalado: Have you looked into how much it would be to take 20 percent -- Ms. Gomez: Fifteen percent. Commissioner Regalado: Fifteen, I'm sorry -- from the parking meters? Ms. Gomez: Yeah. My understanding, it's about a million -- $1,300, 000. Commissioner Regalado: One million, three hundred thousand dollars. And have you done anything? Pedro G. Hernandez (City Manager): Commissioner, I read the opinion from the attorney on it, and also did some additional research; and it appears that a past administration -- I don't know how many years back -- had made the decision not to collect the surcharge on meters in the right-of-way. And at that time, one of the reasons that they were using was that the difficulty of enforcing it and some other concerns. I understand from the legal opinion that the Manager, the Administration has the ability to enforce the collection of that surcharge. I'm going to go back and look to see if the decision -making process by the prior administration still makes any sense or not, and then take the appropriate action and notify this Commission. Commissioner Regalado: The -- Mr. Hernandez: Art may have some additional information to add. Arthur Noriega: Yeah. You know, this -- Art Noriega, Miami Parking -- predates me, too, so I -- you know, I had the benefit of interacting with a couple of the people that were involved in that decision -making process from the beginning. And the reason -- one of the primary rationale for bifurcating the two and collecting the surcharge out of the garages and lots and not collecting them on street was for the private parking operators. For the City to take a position that it wasn't going to tax itself would seem sort of to be an unfair advantage to the parking lot and garage operators because we technically compete with them. You know, we operate facilities that are directly in competition or in the same market they're in; and if we weren't paying surcharge, certainly the private operators would feel well, that's completely unfair. But in an on -street application, there is no cop. I mean, there aren't any private operators who operate the public right-of-way that's solely the City so that there is no unfair competitive advantage sort of derived from that, and so the City taxing itself really doesn't seem, you know, appropriate. Also, there came the idea that if you charge the surcharge as an administrative fee and process part of that so the net the City gets from taxing itself is less than we give to the City anyway at the end of the year by contributing our net revenues. So that was really sort of I think, part of the rationale that was part of the original discussion. Just -- Commissioner Regalado: Well, I thought that the -- what -- if we were to take that percentage, that would trigger a possible hike in the fee of the parking meters. Mr. Noriega: Well, that's certainly part of the -- part of what fran -- part of what happened when the surcharge was originally implemented citywide is all of the parking rates went up. So in the end, it's a function of whether or not the City is -- I mean, in the end -- look, we contribute our net revenues to the City anyway, so if you take it out of parking surcharge or you write a check at the end of the year, it's taking it from one pot and putting it into another. The major significant difference is if the City still wants to derive the net income at the same levels it City ofMiami Page 28 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 receives now from us in addition to the surcharge, then you'd have to raise rates certainly. I mean, there'd be no choice 'cause there's no way to do both. Commissioner Regalado: So -- Mr. Noriega: And obviously, raising rates is a sensitive issue. In these economic times, it's tough to really propose or push a rate increase, so -- Commissioner Regalado: Okay. Thank you. Chair Sanchez: All right. Any other questions? I just need to clarify -- Nort [sic], please stay -- stay there, please. Mr. Noriega: Sure. Chair Sanchez: Just want to clarify a couple of things here. One is this item does not change the rates for the parking surcharge. Mr. Noriega: No. Chair Sanchez: Okay. Basically, all it does is clarify the language, such as definitions for the parking lots open to the public -- Ms. Gomez: That is correct. Chair Sanchez: -- and that's -- basically, it just fix some of the languages [sic] to comply with Florida statute. Ms. Gomez: That is correct. Chair Sanchez: Okay. Now, for -- also for point of clarification, this ordinance, the way it was explained to me in the briefings, is that the bottom line, it helps the City enforce the rules and collections to the maximum -- Ms. Gomez: That's correct. Chair Sanchez: -- which we did not have before. So it does not change, in any way, any of the rates. Ms. Gomez: No. Chair Sanchez: All right. So, any further discussion? The item was open to the public. The item has been discussed. There's a motion and a second. It is an ordinance on second reading. 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. Chair Sanchez: All right, roll call. Pamela E. Burns (Assistant City Clerk): Roll call on SR.2. A roll call was taken, the result of which is stated above. City ofMiami Page 29 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 SR.3 09-00276a Office of the City Attorney Ms. Burns: This item has been adopted on second reading, 4-0. Chair Sanchez: All right. ORDINANCE Second Reading 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. 09-00276a Legislation SR.pdf 09-00276a Memo SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13064 Chair Sanchez: Moving right along, SR.3. SR.3 is also an ordinance on second reading. Need a motion. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Commissioner Regalado: Sec -- Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Vice Chair Spence Jones. It is a ordinance on second reading requiring 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. This item is on second reading. Any further discussion on the item? Hearing no discussion on the item, Madam Attorney, read it into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Pamela E. Burns (Assistant City Clerk): Roll call on SR.3. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 4-0. City ofMiami Page 30 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 SR.4 09-00363 ORDINANCE Second Reading Virginia Key Beach AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Park Trust 38/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ENTITLED "PARKS AND RECREATION/VIRGINIA KEY BEACH PARK TRUST," MORE PARTICULARLY BY AMENDING SECTION 38-233, TO AMEND THE LIMITATION ON TERM OF OFFICE OF THE VIRGINIA KEY BEACH PARKS TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00363 Legislation SR.pdf 09-00363 Summary Form SR.pdf 09-00363 VK Ordinance.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13065 Chair Sanchez: All right. We move on to SR.4. SR.4 is also an ordinance on second reading. Need a motion. Commissioner Sarnoff So moved. Chair Sanchez: So moved by Commissioner Sarnoff. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. It's an item on second reading. It is open to the public. Anyone wishing to address this Commission, step forward. Seeing no one, the public hearing is closed. Would you like to address the Commission? If it's on second reading, I think we -- Unidentified Speaker: That's okay. Chair Sanchez: -- we've worked it out on first reading. Unidentified Speaker: I think so, so -- Chair Sanchez: All right. Any discussion on SR.4? For the record, the public hearing is closed, coming back to the Commission for deliberation. Hearing no discussion on the item, it is an ordinance on second reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on SR.4. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 4-0. City ofMiami Page 31 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 SR.5 09-00402 Honorable Mayor Manny Diaz ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ADDING A NEW DIVISION 20 AND SECTIONS ESTABLISHING THE EDUCATION ADVISORY BOARD ("BOARD"); AMENDING SECTION 2-892, ENTITLED " 'SUNSET' REVIEW OF BOARDS;" SETTING FORTH THE BOARD'S PURPOSE, POWERS, AND DUTIES; PROVIDING FOR COMPOSITION, APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM, VOTING, MEETINGS, COUNSEL, STAFF, BUDGET APPROVAL, ANNUAL REPORT, FINANCIAL DISCLOSURE, ABOLITION AND SUNSET REVIEW; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00402 Legislation SR.pdf 09-00402 Memo SR.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez 13066 Chair Sanchez: All right. SR.5, we -- I've been notified that the superintendent wants to be here, so we're going to table it for now. When he gets here, we'll take it out of order, so we'll proceed with the agenda. "[Later...]" Chair Sanchez: Let's go ahead and get one item that we passed. We do have the honor of having with us the superintendent, Mr. Carvalho, who's here. At this time I want to recognize the Mayor and -- or we'll recognize you, Mr. Superintendent. Welcome to our City Hall. Alberto Carvalho: Thank you. Chair Sanchez: You're recognized for the record, sir. Good morning. Thank you for being here with us. Mr. Carvalho: Good morning. Thank you very much, Mr. Chair, members of the Commission, Mr. Mayor. It's always a pleasure to come back to -- here at the City ofMiami, and today's a special day, I believe. Almost four years ago, had the pleasure of collaboratively developing the first -ever historic compact between the school district and the City. Miami was the very first one. So we broke ground then, and I think you're embarking in a process of breaking ground again by ensuring the sustainability of this very viable partnership between the City and the school system. At that time Mayor Diaz and you, the Commission, pulled education to the forefront of the City's agenda recognizing that by elevating the quality of education in our schools, you are inevitably elevating the quality of life for the citizens in your great city. Over this time period, we have worked together as a team, and we have established a number of goals. I'd just like to very briefly recognize some of the milestones that have been covered. Number one, begin with the project, the initiative Elevate Miami, what it's done for our schools, our City ofMiami Page 32 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 children, and our city as a whole. The partnership of greening our city, including our schools. Water conservation and energy conservation initiatives that you began andl quickly adopted recognizing its importance in our city. Third, the partnership in terms of grants acquisition. I can tell you that, collaboratively, we have landed more than $2 million in supplemental funding, a direct benefit to the City and the schools alike. The development of truancy court, allowing for children, rather than being written off or being incarcerated, going through a process and a program that will educate them at the same time, give them a second chance alongside their parents. And last but not least, the development of a joint project, the law enforcement school and Homeland Security school, which stands as the first in the nation of its kind. So a lot has been done, and I believe the step you're taking today by creating a task force, by creating an entity that will see through the sustainability of the joint collaboration on issues of equal importance both the school system, schools, children, and the City is extremely important. So I'm here to support this item, to commend you, the City Commission, as well as the Mayor for your visionary insights in terms of what makes a difference in our community and in the lives of our children. Thank you very much. Chair Sanchez: Thank you, sir. All right. We are on item -- Pamela E. Burns (Assistant City Clerk): SR.5. Chair Sanchez: -- SR.5. All right, let's get a motion and a second. Mr. Mayor, would you like to address the Commission? Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. A motion by the Vice Chair. Need a second. Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Any discussion on the item? It is on second reading. Hearing no discussion on the item, it requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. You want to add something, sir? Mr. Carvalho: IfI may, Mr. Chair? Chair Sanchez: Yes, sir. You're recognized for the record. Mr. Carvalho: Second bite at the apple. You know, sometimes some of you, you know, engage in actions thatl believe qualify you as unsung heroes. I hear about them after the fact, so every time I, you know, driving down Northeast 2nd Avenue and I see Commissioner Michelle Spence -Jones in Little Haiti, along with the Mayor -- and I have no idea what's going on because I see a crowd -- I stop the car and I join in because I know you're doing something good for the City. When I hear about Commissioner Sarnoff engaging business leaders in Coconut Grove to make contributions in support of schools in the area, particularly Coconut Grove Elementary, sir, you touch my heart as you touch the lives of our children, and I certainly deeply appreciate that. Commissioner Sarnoff Thank you. Mr. Carvalho: When I see you, Chairman Sanchez, in Little Havana participating in Jose Marti parades, sir, I appreciate it because you are elevating and edifying our kids. And Mr. Regalado, every time I've seen you at Versailles engaging the community participating, you don't spare a moment to talk about public education. So as a whole, I recognize your commitment. That's done individually, but collectively, frust me, it has an impact on this great city. Thank you very City ofMiami Page 33 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 much. Chair Sanchez: Thank you so much, sir. All right. The public hearing is still open. Grady Muhammad: Grady Muhammad. Just wonderful timely message, improval [sic], wholeheartedly a thousand percent. My superintendent -- I graduated Miami Jackson, Class of '86. Chair Sanchez: All right. Mr. Muhammad: He taught there, so definitely got to support my superintendent, but more importantly, the collaboration between the City and the School Board, a lot of -- you know, even though it's controlled by the School Board, that collaboration between the City, the School Board must happen. And I think it's very timely, and congratulations, and I'm, you know, in support. Chair Sanchez: Thank you. All right. Anyone else? The public hearing is closed, coming back to the Commission. No further discussion on the item. SR.5, ordinance on second reading. Read the ordinance into the record. It's establishing an education advisory board. Pedro G. Hernandez (City Manager): Mr. Chair, if you allow me, just briefly for the record. I wanted to say that this program actually brings to the City approximately $2 million, and the fact that 90,000 out of that is for the administration of it, so it's a self-sustaining effort. Chair Sanchez: In grants. Mr. Hernandez: In grants. So this is -- Chair Sanchez: All right. Mr. Hernandez: -- very significant. Chair Sanchez: Okay. No further discussion. Read the ordinance into the record on second reading, followed by a roll call. Julie O. Bru (City Attorney): Yes, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Ms. Burns: Roll call on SR.5. A roll call was taken, the result of which is stated above. Ms. Burns: This item has been adopted on second reading, 4-0. Chair Sanchez: All right. Thank you so much. Congratulations. City ofMiami Page 34 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 ORDINANCES - FIRST READING FR.1 09-00443 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-15 ENTITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT," TO CLARIFY THE APPROVAL PROCEDURE FOR A REQUESTED VACATION AND CLOSURE AS PROVIDED IN SAID SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00443 Legislation FR/SR.pdf 09-00443 Summary Form FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez FR.2 09-00365 ORDINANCE First Reading Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Manny Diaz 22.5 OF THE CODE OF CITY OF MIAMI, FLORIDA AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE IV ENTITLED "WATER CONSERVATION ORDINANCE," TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE WATER USAGE IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00365 Complete Legislation SR.pdf 09-00365 Summary Form FR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Direction by Commissioner Sarnoff to the City Manager to report back to the City Commission within 45 days regarding the initiative of cross -training building inspectors and thereby enabling them to perform functions associated with Code enforcement. Chair Sanchez: All right, FR.2. FR.2 is also on first reading. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: Moved by Commissioner Sarnoff. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any discussion on this City ofMiami Page 35 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 item? Commissioner Sarnoff Yes, sir. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff Mr. Manager, I hate to sound like a broken record, but maybe that's the best way to sound. If you're going to take on a new responsibility of water conservation and if you're going to enforce it, which I hope would -- just would not be hp service and you would want to enforce this, it seems to me that the people who will be most likely to be enforcing this would be Code Enforcement. It seems equally to me that we oftentimes hear there just aren't enough of them. I've asked you now for a little over a year to cross -train building inspectors, as this City had done for decades before. I don't know where you stand on that, but if you're going to take on further responsibilities which could dilute the efforts of Code Enforcement officers, who now claim to be overworked, it would seem to me that you would try to find a way, whereas in the past, the City ofMiami cross -trained its building inspectors to do functions associated with Code enforcement. I don't know, again, where you stand on that initiative. It's been over a year since I've asked you to do it, and we're taking on further responsibilities. It would seem only prudent in your position as the City Manager to not increase the taxpayers' cost for further employment of the City employees, but to get more out of those City employees that used to be cross -trained. Chair Sanchez: Mr. City Manager. Pedro G. Hernandez (City Manager): Commissioner, I do concur with the idea. I understand that, in the past, there has been some cross -training, and even recently, I've been told that that even goes on today. As times change through the economic cycle, we have ups and downs on demands on our, let's say, building, plan reviewers and inspectors; and I think that it affords an opportunity to be able to have them cross -trained to the point that we can use them for other higher needs. As the workload on one side of the house, like on building inspection permits, go down where we can use those people. So I do concur with your idea, and I'll pursue it, and I'll report back to the City Commission as to how we can implement it and move people around to satisfy the demands. Commissioner Sarnoff Could you report back to us within 45 days? Mr. Hernandez: Yes, I will. Commissioner Sarnoff Thanks. Chair Sanchez: All right. Any further discussion on this? Commissioner Regalado. Commissioner Regalado: Question for the City Attorney. In the back-up material, I see 2.2 year-round watering restrictions. This will be the law of the City, right? Julie O. Bru (City Attorney): Perhaps, Mr. Ruano should answer that 'cause he's the one that's really involved in this, but -- Commissioner Regalado: No, no, but I'm asking the -- Ms. Bru: -- as far as the law of the City -- Commissioner Regalado: -- City Attorney if an ordinance is the law of the City? Ms. Bru: It's the law of the City, yes, Commissioner. City ofMiami Page 36 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Regalado: Okay. So what is the authority of South Florida Water Management? Robert Ruano (Director, Grants and Sustainable Initiatives): The authority, sir? Commissioner Regalado: Yes. Mr. Ruano: Well, they sometimes determine restrictions that -- Commissioner Regalado: No. Sometimes no. Mr. Ruano: Well, special restrictions. Commissioner Regalado: They are -- Mr. Ruano: But they put special restrictions in times of drought. Commissioner Regalado: Right. They are -- Mr. Ruano: Correct. Commissioner Regalado: -- the governing body of all waters in -- Mr. Ruano: South Florida. Commissioner Regalado: -- South Florida. Mr. Ruano: Correct. Commissioner Regalado: So what happen, Madam City Attorney, if they change their restrictions? Will we have to change this ordinance? Ms. Bru: Yes. This ordinance recognizes that the SFWMD (South Florida Water Management District), the South Florida -- South Water -- SFWMD -- Commissioner Regalado: South Florida Water Management. Ms. Bru: -- has -- they have authority over us. I mean, they are a superior -- Commissioner Regalado: Right. But that's -- Ms. Bru: -- regulatory agency, so -- Commissioner Regalado: -- what I'm asking. South Florida Water Management meets every three month [sic] -- Ms. Bru: Correct, so it -- Commissioner Regalado: -- in West Palm, and they decide if we have restrictions or not. They recently decided we are going for now to have a permanent, but according to the canals and the flow in the Okeechobee Lake, they will change, but my question is if they change, would we continue enforcing this ordinance? Ms. Bru: What this ordinance does, Commissioner, is it recognizes that whatever regulation, whatever rules, whatever measures the SFWMD adopts, we have to follow. So it basically is just City ofMiami Page 37 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 saying whatever they say that we have to do, whatever emergency water conservation measures are adopted by them, we have to enforce. Commissioner Regalado: I totally agree with you, but that's why I'm looking here in the ordinance and the ordinance says year -around [sic] watering resfrictions. Mr. Ruano: Commissioner. Commissioner Regalado: It doesn't say that it will change if the governing body would change the rules. Ms. Bru: There's three parts to the ordinance. One part has to do with water emergencies and then the second part is the year-round measures, so the first part, the water emergency, would be tied into whatever SFWMD says or does or orders us to say or do or prevent or prohibit. Commissioner Regalado: Still, you haven't answered my question because my point is -- see, landscape irrigation of existing landscaping shall be prohibited between the hours of 10 a.m. and 4 a.m. [sic]. That's a decision made sometime ago by the South Florida Water Management governing body. How 'bout [sic] if it changes? Mr. Ruano: Commissioner, can I answer, please? Robert Ruano, director of Grants and Sustainable Initiatives. This ordinance would permanently -- we would have a two -day -a -week watering resfrictions, okay, so people could only water two days a week. If the South Florida Water Management District comes back and says it's only one day a week, then we would go to one day a week. Commissioner Regalado: Well, how 'bout [sic] if it says it's three days a week? Mr. Ruano: We would still stay at two days a week. Commissioner Regalado: So we're trumping the State? Mr. Ruano: We would be a very restricted to the City. We're saying we're going to be very restrictive, and this is actually the same ordinance that the County has adopted. Commissioner Regalado: I agree with you, but -- so if the South Florida Water Management changes the restriction, we won't? That's what I'm -- Mr. Ruano: If they make it -- Commissioner Regalado: -- I wanted to ask. Mr. Ruano: -- less lenient, we will still be a two days a week. Commissioner Regalado: You will still -- Mr. Ruano: This is -- in case of an emergency where they have to get further restrictions and go to one day a week -- Commissioner Regalado: No, no, no, no. Mr. Ruano: -- we would be at one. Commissioner Regalado: I understand that. I know. I know how they work. My question is that we will enforce different than maybe Broward 'cause my understanding is that the County City ofMiami Page 38 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 changes with South Florida Waters [sic] Manager [sic], so it would be a municipality enforcing different orders than South Florida Water Management. Ms. Bru: The City ofMiami -- any municipality can enforce stricter -- we can adopt and enforce stricter water conservation rules year-round or even in the case of an emergency. However, what we can't do is be any lenient -- more lenient than what SFWMD rules are or the Florida Building Code or the County. Commissioner Regalado: That's fine by me, but I would just caution you that whenever there is a decision of the South Florida Water Management, it reaches the media, in general, and the general public is informed; so if that happen, if South Florida Water Management were to be more lenient, then the City ofMiami will have to kick in an advertising public relation campaign because people are going to be more lenient because people do receive their information through the mass media. So I'm just saying to you that what you're creating -- and Commissioner Sarnoff talk about what he knows in terms of Code enforcement and cross -training, but I'm just telling you that we will have a very difficult time informing all the residents, business, and property owners of the City ofMiami if you have a different set of -- do you agree? Mr. Ruano: It may -- there's a possibility that they could go to three days a week. I can tell you, though, that the County has adopted this very same ordinance, so it would be a countywide restriction to two days a week. The County has a very aggressive media campaign to inform residents of their two-day restriction, and I think that they will maintain that. Commissioner Regalado: Fine by me. I just think that we ought to know what we're doing. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: Mr. Chairman, I just want to be clear. In my briefing, Mr. Manager, I was told that this is -- we're basically adopting what the County's already doing, correct? Mr. Ruano: Correct. Vice Chair Spence -Jones: So there's nothing -- Ms. Bru: Different. Mr. Ruano: Nothing -- Vice Chair Spence -Jones: -- different? Mr. Ruano: -- different. We looked at different times, but we've been coordinating with the County on this for well over a year and the Water Management District to make sure that the language is compatible, and this is exactly the same as the County's. Vice Chair Spence -Jones: Okay. And based upon what Commissioner Sarnoff has stated regarding, Mariano, the -- or Mr. Manager -- building inspectors being cross -trained to do both, how is it handled now in the County? Who's doing that enforcement? Are the building inspectors doing the enforcement in the County? Who -- who's doing the enforcement in the County? Mariano Loret de Mola: I think the Code -- Loret de Mola, Code Enforcement director. I think it's the Code enforcement inspectors. Vice Chair Spence -Jones: So their Code enforcement inspectors in the County -- City ofMiami Page 39 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: -- is doing --? Mr. Loret de Mola: Yes. Mr. Hernandez: Commissioner, my understanding is at the County, the enforcement is done by the Department of Environmental Resources Management, known as DERM Vice Chair Spence -Jones: Oh, so it's not done by -- Mr. Hernandez: No. It's DERM, Environmental Resources Management -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- because they have that countywide -- Vice Chair Spence -Jones: But it's the same thing as -- is it the same thing as Code Enforcement or it's a different department altogether? Mr. Hernandez: Well, the -- right. The County, at the County level, has Code enforcement from the environmental perspective, and the environmental department of the County is the one that enforces the water restrictions countywide -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- across the county. Vice Chair Spence -Jones: So are there two different departments? That's what I'm asking you, Mr. Manager. Is there a department that handles Code enforcement -related issues? Mr. Hernandez: Right, because the County has does have an Environmental Resource Management Department that we don't have because -- Vice Chair Spence -Jones: Right. That's my question. Mr. Hernandez: -- it's a very expensive department. They can do it through that department. We rely on Code Enforcement to do it. Vice Chair Spence -Jones: So, basically, there's a whole nother department that -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- not only does -- Mr. Hernandez: They have other resources that they can apply to it. Vice Chair Spence -Jones: So -- I mean, then that goes back to what Commissioner Sarnoff is saying, you know. Mariano, I mean, you know that -- I know that when -- we all know that we're overloaded. I know -- I call you to death in my district, correct? Mr. Loret de Mola: Correct. Vice Chair Spence -Jones: Every time a sign is placed illegal [sic] or something's not right -- City ofMiami Page 40 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Loret de Mola: That's correct. Vice Chair Spence -Jones: -- and -- I mean -- and we just don't have enough people. I mean, is this something that you feel you can undertake? Mr. Loret de Mola: But this specific ordinance, we've been enforcing this one through the County ordinance. Right at the present time we've been doing it. Vice Chair Spence -Jones: You have? Mr. Loret de Mola: Yes. Vice Chair Spence -Jones: So then -- so we're just making it official today 'cause that's -- Mr. Hernandez: We are in -- you know, Commissioner Regalado brought up a good point, except here that we are following in the same steps as the County; so if, for some reason, the South Florida Water Management District was to be less lenient than the County, we will be not standing out as a sore thumb. We would be on the same criteria as the County, as the whole county, Miami -Dade County. So as long as we are in step with Miami -Dade County, I feel that we're okay. Vice Chair Spence -Jones: Okay. I just want to make sure, Mariano. I don't -- I just don't want you to be the official dumping ground every time there's -- Mr. Loret de Mola: I never -- Vice Chair Spence -Jones: -- a new initiative. Mr. Loret de Mola: -- welcome extra work, but that's all right. Vice Chair Spence -Jones: Okay. Mr. Loret de Mola: We've been doing this. Vice Chair Spence -Jones: No problem. Chair Sanchez: Two issues on this that want to elaborate on. One is this is -- we're mirroring the County's already -existing ordinance. We're mirroring it. The concern that if they change, if anything is changed, we could also change to be in the same level as their restrictions in the ordinance. That's one. So this is just mirroring the County's. As a matter of fact, the ordinance for the County applies to us in the City, so it is there. Mr. Ruano: Yes. Chair Sanchez: The other issue I want to address is that, you know, once again, you know, we could come up with all the ordinances we want and laws we want, and if we don't enforce them, then really we're not doing what we need to be doing. And the concern that have is that based on -- if you look at this, the only real change to this ordinance that stresses that Code Enforcement will enforce this -- and the burden on Code Enforcement, which you're out there seeking violations, trash, whatever, everything that you do, this is another burden on you to go out there now and patrol; butl asked, and you have been doing that already, so I don't -- I'm okay with it. I just want to state that it's an ordinance and we're mirroring the County. It's there already. City ofMiami Page 41 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Ruano: Yes. Chair Sanchez: All right. Okay. FR.2 has been discussed, friendly debated. There's a motion and a second. It's an ordinance on first reading. It'll come back to us on second reading. Hopefully, at second reading it'll pass quickly. The motion has been proffered and second. Read the ordinance into the record, followed by a roll call, Madam Attorney. Ms. Bru: Thank you. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on FR.2. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 4-0. FR.3 09-00458 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-196, ENTITLED "CONTRIBUTIONS," TO INCREASE FIREFIGHTERS' MEMBER CONTRIBUTIONS FROM SEVEN PERCENT TO EIGHT PERCENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00458 Legislation FR/SR.pdf 09-00458 Summary Form FR/SR.pdf 09-00458 Pension Stabilization FR/SR.pdf 09-00458 Letter 1 FR/SR.pdf 09-00458 Letter 2 FR/SR.pdf Motion by Commissioner Regalado, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: All right. Moving on, FR.3. FR.3 is on first reading, and that's from the Department of Employee Relations. Okay. You're recognized for the record. Hector Mirabile: Hector Mirabile, director of Department of Employee Relations. This is an ordinance of the City ofMiami -- for the City ofMiami Commission's consideration, amending Chapter 40/Article IV/Division 2 of the Code of the City ofMiami, Florida, as amended, entitled "Personnel Pension and Retirement Plan" for the City ofMiami Firefighters and Police Officers Retirement Trust; more particularly by amending Section 40-196, entitled "Contributions, " to increase firefighters members' contributions from 7 percent to 8 percent,; containing a severability clause and provisions for an effective date. Chair Sanchez: Okay. Need a motion and a second. Commissioner Regalado: Move it. City ofMiami Page 42 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Motion by Commissioner Regalado -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- second by the Vice Chair. It is an ordinance on first reading. It will come -- sorry. It is an ordinance on first reading. It'll come back to us on a second reading. It requires a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back. Any discussion on the item? Hearing none, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on FR.3. A roll call was taken, the result of which is stated above. Ms. Burns: This item has passed on first reading, 4-0. FR.4 09-00228 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE CHAPTER ENTITLED "HUMAN RELATIONS", TO PROVIDE RECOGNITION OF DOMESTIC PARTNERSHIPS OF CITY EMPLOYEES; AND CREATING ARTICLE I ENTITLED "DOMESTIC PARTNERSHIPS AND BENEFITS" TO SET FORTH THE RIGHTS AND LEGAL EFFECTS OF SUCH PARTNERSHIPS; PROVIDING EMPLOYMENT BENEFITS TO CITY OF MIAMI EMPLOYEES AND THEIR DOMESTIC PARTNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00228 Legislation SR.pdf SPONSORS: HONORABLE MAYOR DIAZ COMMISSIONER SARNOFF Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Direction by Commissioner Sarnoff to the City Manager to include on second reading that if it's determined through an investigation that an individual fraudulently received employment benefits in accordance with Article I, entitled "Domestic Partnerships and Benefits," that said individual(s) must refund to the City all benefits received; further directing the Administration to create an Administrative Policy (APM) on domestic partnerships. Chair Sanchez: All right. FR.4. FR.4 is on first reading. It'll come back to us for second reading. It is an item sponsored by the Mayor and Commissioner Sarnoff. Let's get a motion and a second. Well open it up to the public hearing, and then we'll bring it back to the Commission. Motion has been made by Commissioner Sarnoff -- Commissioner Regalado: Second. City ofMiami Page 43 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: -- and second by Commissioner Regalado. All right. At this time, anyone from the public wishing to address this item, please step forward. Yes, sir, you're recognized -- Carlos J. Ortuno: Mr. Chair. Chair Sanchez: -- for the record. Mr. Ortuno: C. J. Ortuno. I'm the executive director of Save Date. Thank you for being here. What we're asking is support here, and we -- I'd first like to thank the honorable Mayor, as well as Commissioner Sarnofffor sponsoring this important piece of ordinance here. And what we're asking is support. It's an ordinance that provides a right to all unmarried City ofMiami employees that currently do not have the right to healthcare benefits due to their sexual orientation. After the City passed its citizen bill of rights in January, this is the next natural outgrowth of that very bill. There currently exists an employment inequality amongst this high profile city, City ofMiami. I commend your foresight and your leadership on this issue and ask that you continue to embody the City's commitment to its diversity and level the playing field whenever we find it uneven. This ordinance does exactly that. Thank you. Chair Sanchez: Thank you. All right, next speaker. Joe Simmons: Joe Simmons, president ofAFSCME (American Federal, State, County and Municipal Employees), Local 871, Sanitation Workers Union, City ofMiami. When this item came up, I had a ton of questions, costs, long- and short-term, and it's just not really enough information. I think it's a little bit premature that it's being proffered now. It's going to require some research and -- so we can have better information so we can make a better informed decision. This would also impact the agreement that we -- you guys ratified June of '07, June 14, 2007, that makes it a mandatory subject of bargaining. Thank you. Chair Sanchez: Thank you. Anyone else? Yes, sir. Grady Muhammad: Good morning, Mr. Chairman -- Chair Sanchez: Good morning. Mr. Muhammad: -- Vice Chairman [sic], Commissioners, staff. Grady Muhammad. I think the (UNINTELLIGIBLE) is -- you know, all of you all are married, and we should protect anyone whose sexual orientation. I think they're protected by the United States Constitution, state of Florida's Constitution, the City ofMiami, Miami -Dade County's constitutions. But if we start to making things specific, then we start to now -- as they say, don't discriminate. We're actually now setting up a special needs or special right things for certain individuals. I don't think there's been anyone -- and I'm not against anyone's sexual orientation, first and foremost, period. The domestic violence -- or the domestic partnerships is needed. They choose to do what they choose to do, but don't know whether we should make it law or a fact. If there's an exception or an exemption where they still can be able to -- like I said, you all are married. Maybe they should get married and stop shacking up, and they still can get the rights of everyone else. It's just an opinion of mines [sic]. Butl think it's premature. We should study it. It's come fast. I think we should look at it in a dignified, in a holistic manner and not rush it. I don't doubt it's needed, but I think it should not be earmarked because (UNINTELLIGIBLE) specific. If we're going to do it, it should be broad based under the City ofMiami's bill of rights. Thank you. Chair Sanchez: Anyone else wishing to address this Commission? Melissa Llera: Good morning. My name is Melissa Llera, and I'm a City ofMiami firefighter, a fire captain, and I've been with the City for nine and a half years. I have a partner of 12 years, and we have a two -and -a -half -year -old son, and I cannot provide the insurance, benefits, and City ofMiami Page 44 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 receive the same benefits that the people I work with side by side, day in, day out, serving the citizens, serving the City, the same benefits that they get. This would mean a lot to me. And I also know that ifI worked for the Miami -Dade County Fire Department, Miami Beach Fire Department, Broward County's Fire Department, Key Biscayne, our sister fire department, I would have these benefits, butt work with the City. So this would mean a lot to myself and I appreciate your consideration. Thank you. Chair Sanchez: Thank you. All right. Anyone else from the public wishing to address this item? If not, the public hearing is closed, and it comes back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Thank you, Mr. Chair. I actually believe that this is the most neutral ordinance you could create. It does not discriminate. It does not do anything other than allow people of their own beliefs and their own practices to enjoy a benefit that anyone else that happens to be married enjoys. And for anyone to suggest this is solely and exclusively geared towards a certain group of people --I knew somebody in the City ofMiami, not a City ofMiami employee (UNINTELLIGIBLE) not affect, butt had no idea she wasn't married to her significant other for the 20 years I've known her. I just assumed she was. And as it turns out, they have never been married, and they do it, I take it, for social security reasons, if they choose, but that is a person's right and choice as to how they cohabitate, who they cohabitate with. But when a person makes a strong commitment, such as a bond and a partnership, we should support that bond and that partnership by allowing them to enjoy the same rights and privileges that those of us choose to actually solemnify that in a legal document. Now, it's not like we're doing something here on the cutting edge. We would probably be in the bottom of the top third of all places that have done it. Let me tell you some of these horrible places that have considered this. Broward County has it. The Broward County School Board has it. Delray Beach has it. Florida Attorney General's Office has it. Florida Commission on Agriculture and Consumer Affairs has it. The Florida Department of Financial Services has it. Gainesville, Florida has it. Hialeah has it. Key West has it. State ofMaryland has it. Let me tell you something about anyone's concern about the financial impact. There are 250,000 employees in the state of Maryland;; 39 have registered. There are 40,000 employees in Miami -Dade County; 25 have added employee coverage. As it presently stands right now -- and this is the only conversation I've ever had with Barack Obama. We talked about changing the ruling on the IRS (Internal Revenue Service) because for those of you that sign up for this, unfortunately, you'll be taxed; and he said that he would look into it within the first hundred days, and while he may have worked miracles in those first hundred days, he needs to work on this. He needs to take the tax away from this so that it can be affordable. But those that chose to do it, as it stands right now, truly have to be committed. Because if you consider it, it's going to cost them anywhere from 250 up to $365 a month in taxable income to them to add a partner to their benefit program. Hopefully, that'll change shortly, and hopefully, you'll get a more equal treatment. But I ask my fellow Commissioners to support this. This is nothing more than treating people equally, not by treating anybody superiorly or giving anybody kind of-- any kind of superiority. It's just an equal opportunity that I think the City ofMiami, as a diverse community, wants to embrace everyone and everyone should be allowed to embrace the benefits of whoever they choose to cohabitate with and call their significant other, whoever that may be. Now, I do think there's one thing we could do to maybe improve this on second reading and to put a little more stricter penalty provision, Mr. Manager, which, in the event fraud were discovered or revealed through an investigation, that the people would have to pay back the benefits that they received as a result of this domestic partnership. So I would ask that you look into that and that that be a part of the ordinance. I'd also ask that you create -- and I forget. You call it an ADM? Pedro G. Hernandez (City Manager): APM (Administrative Policy Manual). Commissioner Sarnoff APM. City ofMiami Page 45 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Hernandez: Administrative policy. Commissioner Sarnoff And I would ask that you do everything you can to ensure that a person - - even go further than the County, Miami -Dade County -- and ask that you make it as strong as possible that these people who choose to be a domestic partners [sic] have demonstrated to you, to your satisfaction, they are truly domestic partners. I just have trouble believing more than 20 people, with the present IRS structure, will even consider this. I think the amount of money we're talking about is absolutely negligible, and I think if you wanted to have somebody up -- come up and put that on the record, I'd more than welcome that, and I think the Chair would as well. But I think this is time and a place -- the first thing I did when I got on this Commission was to create something called a bill of rights, human rights, and the second thing I wanted to do was create domestic partnerships, and I feel like I've fulfilled my commitment to the diversity of Miami. Thank you, Mr. Chair. Chair Sanchez: Thank you. All right. Mr. Hernandez: Commissioner, ifI -- Mr. Chair, ifI may. In response to Commissioner Sarnoffs comments, I've discussed this matter with LeeAnn Brehm, our director of Risk Management, and she's currently already working on developing an administrative policy related to this item; and our plan will be to have a draft cover ready by the time that the item comes back to City Commission on its second reading to address the concerns that you have mentioned. I would like to ask LeeAnn Brehm to come to the podium and briefly go over those items. LeeAnn Brehm: Good morning. LeeAnn Brehm, director of Risk Management. One of the concerns that I know you want to address, as Commissioner Sarnoffjust said, the negligible cost of adding the domestic partner to our plan. I want to give you just a couple statistics that I found. Society of Human Resource Management is a recognized national human resources organization. They have done a poll recently, and out of all of their employers, 85 percent of the businesses that offer a domestic partner benefit have realized no increase in their overall benefit costs. There was a Hewitt Associates study indicating that 64 percent of those employers that offer domestic partner benefits, a less than 1 percent increase on the total benefit costs were realized, and that is nationwide. To our particular plan, we have two cost drivers: We have enrollment and we have experience. In working through our plan, I believe that there's a likely range that it would be as low as 5 percent or as high as a 2 percent increase in our overall benefit cost, which is negligible when you consider the overall cost of our plan. There's no way to really reflect the true cost until this is implemented, but through the surveys that I have done, no one has realized any substantial increase in either enrollment or the experience associated with adding a domestic partner. Chair Sanchez: All right. Ms. Brehm: Are you -- is there any other questions on costs? Chair Sanchez: I don't have any. But before -- Commissioner Regalado and then Vice Chair Spence -Jones, and I'll close it up. Commissioner Regalado: Okay. Mr. Chairman, I think that we need to understand one thing. The expert says that the most significant crisis of the United States ofAmerica is not unemployment; it would get better, the situation. It's not the foreclosures; it will be solved, but health care. Health care is probably the crisis that can bankrupt the United States ofAmerica. And if we were to set aside anything about equal rights or anything and deal with the possibility of helping several people to access health care, so we need to do this ordinance because the burden of the charity health care in Miami -Dade County is ever increasing. And if we are able to help to have several people -- I don't know how many -- piggyback on a good health care City ofMiami Page 46 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 system that will help not only the City, but the County and the United States ofAmerica. And you know, this -- I don't know why is this seen as the sexual orientation ordinance because, like Commissioner Sarnoff says, I know many cases of people who have so much [sic] economic problems that are living together and they are not married, not because they don't want to but because if they do, their social security check, their pension checks will be reduced. So what we're doing here is the right thing in any ways, and it should be understood as something that we're giving the community this morning. Thank you, Mr. Chairman. Chair Sanchez: All right. Vice Chair Spence -Jones, then I'll close it up. Vice Chair Spence -Jones: Well, you just kind of answered many of the questions. I know that that came up from one of the members that stepped to the mike regarding the issue of cost. I just want to -- I saw Charlie in the beginning stepping -- almost stepping up to the mike. Did you have a comment that you wanted to make on the mike? I'm a ma'am today. (Comments off the record.) Vice Chair Spence -Jones: I can't hear you. Mr. Hernandez: He's saying that I'll make a statement on their behalf. Vice Chair Spence -Jones: Oh. You're making a statement on their behalf? Oh, okay. Mr. Hernandez: In essence, I've talked to the unions, and this ordinance has some conflicting language with the collective bargaining agreement language related to health insurance plans. And what I wanted to state on the record is that based on my conversation with them is that we will engage with the unions to modify the contracts, as necessary, to allow for this ordinance to be in concert with their contract language. Vice Chair Spence -Jones: Okay. So are we -- so we're offering -- you're offering an amendment? Mr. Hernandez: Well, in essence, it's a statement that -- I think that between first reading and second reading, we'll be -- Vice Chair Spence -Jones: You'll make the adjustments on it? Mr. Hernandez: -- reaching out to them to understand those conflicts in language so that we can then begin to address modifications to their agreements so there is no conflict anymore. Vice Chair Spence -Jones: Okay. Well, by all means, I support the legislation. I just wanted to make sure that we addressed whatever the issues were, and I'm assuming that they are -- have been handled, and by -- I guess by the second reading, we will make sure that language has been adjusted. But I support the legislation. Chair Sanchez: All right. Let me just say that I wish that one day throughout this great nation of ours legislators and elected officials don't have to be coming up with ordinances to stop discrimination because we should not discriminate against anybody in this great nation of ours. From a policy perspective, this is the right thing to do. It is about fairness. I support this ordinance. As a matter of fact, I wanted to fry to get on board and be a cosponsor, but the agenda had already been printed on it. And when I heard that this ordinance was coming forward, I wanted to lead the charge on it 'cause I'll tell you this much. It is -- the statistics that - - the greatest concern that it brought up -- and it has already been mentioned, butt want to bring to highlight -- is that studies show that this has a very small fiscal impact, as has been stated. In the County, as other great cities that have taken the leadership on this, and we have -- City ofMiami Page 47 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 we are late at coming to the party, but at least we got to the party. The County so far, only 150 domestic partners have registered; 25 of those have added children to their policies, out of a workforce of 40,000. So whatever it may be, it is the right thing to do. It is about equality. It is about people doing what they want to do with their lives, as long as they're happy; and government has no business getting into peoples' lives. You know, I could say this thing that -- we -- this is an issue that every time that it comes up -- and certain issues like this, it can be a sensitive issue, but you know what? It's the people who stand up for rightness. It's the people who stand up for equality. It's the people who stand up for the Constitution of this great country that all men are created equal, men and women are created equal in our community. And I want to take this opportunity to praise Commissioner Sarnoff for putting this on the agenda and for us to having the courage to move forward, and now maybe other cities could join us in (UNINTELLIGIBLE) this -- moving forward to making sure that cities, great cities throughout the world, if they want to have a crown in their jewel, one is that we will not tolerate discrimination towards anyone in our community. So having said that, I want to state on the record that I support this ordinance, and I'm sure it's going to get four votes in support, as I think this is the proper legislation that we should be pushing forward in this great city of ours. So there's a motion and a second. It's been discussed. Let's read the ordinance into the record on first reading and followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Pamela E. Burns (Assistant City Clerk): Roll call on FR.4. Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Burns: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Burns: Commissioner Sarnoff? Commissioner Sarnoff Yes. And I want to acknowledge the Mayor on this one because this was the first piece of legislation that he and I worked on all the way from the bill of rights to domestic partnerships. It was a plan that we both had, and I think it's a plan that's being implemented, and his leadership and his efforts at bringing the language together should be acknowledged. He did a very good job, and I think he deserves his sponsorship and all the accolades from everybody -- all the citizens of the City ofMiami for this. Ms. Burns: Chair Sanchez? Chair Sanchez: Absolutely, yes. Ms. Burns: This item has passed on first reading, 4-0. Chair Sanchez: All right. Thank you. City ofMiami Page 48 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 RE.1 09-00444 Department of Capital Improvements Program RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 08-0698, ADOPTED DECEMBER 11, 2008, TO APPROPRIATE NEW FUNDING SOURCES FOR CAPITAL PROJECTS. 09-00444 Legislation.pdf 09-00444 Exhibit.pdf 09-00444 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Noes: 1 - Commissioner Sanchez Absent: 1 - Commissioner Gonzalez R-09-0218 Chair Sanchez: All right, let's continue. I believe that that take cares of -- the only item that we have pending is CA. 6, which we'll bring up in a bit, but let's continue -- that take cares of all the Vice Chair Spence -Jones: PH (Public Hearing) items (UNINTELLIGIBLE). Chair Sanchez: No. Hold on, hold on. Madam Clerk, guide me here. Where do we -- left off? Pamela E. Burns (Assistant City Clerk): We have CA.6 outstanding and then we can pick up on RE.1. Chair Sanchez: RE.1. Let's take up RE.1. All right, RE.1. Ola O. Aluko: Good morning. Ola Aluko, director of Capital Improvements, City ofMiami. RE.1 is a resolution to appropriate new funding sources for capital projects. These projects will -- are being funded through the Sunshine State Governmental Financing Commission, the general fund contributions, Homeland Defense/Neighborhood Improvements [sic] Bonds, the Florida Inland Navigation District, and the amended capital improvements appropriations Resolution 8-0698 to reflect said changes. The funds are noted in your agenda summary form. Chair Sanchez: All right. RE.1 is a resolution. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: Is there a second? Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion and a second. Discussion on the item. It is a resolution. It does not require a public hearing. Questions on the item. I see here that this appropriates nearly $20 million in Sunshine -- Mr. Aluko: That is correct. Chair Sanchez: -- State loans. City ofMiami Page 49 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Aluko: That is correct. Chair Sanchez: Plus Homeland Defense bond interests -- Mr. Aluko: Interests -- Chair Sanchez: -- which is nearly -- which is about 1.7. Mr. Aluko: Roughly 1.6. That's correct. Chair Sanchez: Okay. Plus FIND (Florida Inland Navigation District) grant dollars of 32,500. Mr. Aluko: That is correct, sir. Chair Sanchez: That's the total. My concern here looking at this is that it also takes $430, 000 from the general fund and uses it to purchase vehicles. Mr. Aluko: We're putting the money into the police fund for their vehicle purchase. That's correct. Chair Sanchez: Yes. But that money's coming out of the general fund, correct? Mr. Aluko: The -- that is correct, sir. Yes, sir. Chair Sanchez: Okay. I have a problem with us dipping into our general funds [sic]. I've always had a problem with that. And I asked the Administration in the briefing to get back with me to see if there were other options for us not to have to dip into our general funds [sic] realizing that we're facing some troubling times ahead. And I have seen in the past that the Administration has been very willing to dip into our general fund, and that's a concern to me as the Chair of this Commission. Pedro G. Hernandez (City Manager): Mr. Chair, what we discussed at yesterday afternoon and I said that we were looking to other ways to see if we can find other sources that are not general fund to be able to complete the task of the police vehicles. I think it's 269, 000. I'll have, you know, our Budget director take a look at it. Chair Sanchez: That's not the num -- I'm sorry, Mr. Manager, but that's not the number that I'm getting in my briefings. I'm usually one that -- you know, I take time in my briefings and, you know, we sit down and your staff you know -- we have plenty of time to work out our differences and get all the information that we need before we come here to make a decision. And my understanding is that based on the numbers you have provided me, we will be using $430, 000 out of the general fund. True or not true? Because now you're saying two hundred and some thousand. Mr. Hernandez: Let me have Michael Boudreaux, director of Budget, address that concern. Michael. Michael Boudreaux: Mike Boudreaux, director ofManagement and Budget. Commissioner, the breakdown of the $428, 205 is as -- is for -- 269,000 is for police vehicle replacement. The other two items, $139,979 and $19,226, is a matching on a grant proceeds for the south police substation hurricane protection project and for the north police substation hurricane protection project. The 269 is the agreement for the new 25 police officer positions that were approved as a part of the general fund budget this year. So that's just moving the monies from the general fund, already approved, to the capital fund. City ofMiami Page 50 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Sarnoff That's what thought. Chair Sanchez: All right. Any further discussion? All right. Commissioner Sarnoff Let me just ask a question. These police officers have obviously been hired, correct? Otherwise, we wouldn't be getting their vehicles, right? Mr. Boudreaux: Well, of course, when you approved the positions, the funding for the items for the police officers, such as police cars, police equipment, you name it, was a part of that. The positions itself they're in the process of being filled having not been filled, but of course, when you approve the positions, all of that other stuff that comes along with it goes to the particular areas so that the purchase can happen. Commissioner Sarnoff But -- what Commissioner Sanchez was saying was this has been allocated, correct, as part of the budget? You're just moving it fi^om one -- Mr. Boudreaux: We're just moving it fi^om the general fund. Commissioner Sarnoff -- pot of money to another pot of money? Mr. Boudreaux: Yes, sir. "[Later...]" Chair Sanchez: Look -- and nowhere do I mean -- I mean, we have an obligation to critical stuff that we need to do -- I mean, we need to provide the best level of service at a most reasonable cost. That's just the way it is, in government and in business. My concern here is that I'm seeing a pattern -- although we approved this budget and we have an obligation -- is that have seen a pattern here of more than ever now the Administration dipping into the general funds [sic], and we need to be very careful in dipping into those general funds[sic] for a variety of reasons. We cannot dip any lower than $85 million, as you know, or we jeopardize our bonding rate. If we do, we need to come up with a two-year plan of how we're going to make that money up, and it's just of great concern. And you know, we could sit here and say, yeah, we want to do this, we want to do that, we want to do this, and we (UNINTELLIGIBLE), but you know what? Since a small child, I was taught, if you don't have the money in your pocket, you don't have the money, and you can't spend that money. So, you know, we're obligated to this because of contractual agreements, because of the commitment that we passed here to hire those police officers, but I'll tell you this much. Whether you start dipping into the general funds [sic], whether it's 200, 000, a million, three million, five millions, we're going to end -- getting close to that $85 million really is going to put us in a (UNINTELLIGIBLE). I'm starting to doubt -- and I am going to sit down with Finance to relook at the numbers because somehow, I'm not getting all the facts. I'm not comfortable. I'm not getting all the facts. And as Chair -- andl think it's the obligation that each and every one of us up here have is a fiduciary responsibility. 'Cause once we dip the $85 million, they're not going to go see you; they're going to come see us, and that's the concern that I have. Commissioner Sarnoff And let me understand something 'cause I think there's a little miscommunication. I don't know ifMichael needs to be here, but this was allocated money -- Mr. Hernandez: Yes. Commissioner Sarnoff -- from the 2009 fiscal year budget. Mr. Hernandez: Yes, Commissioner. City ofMiami Page 51 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Sarnoff And it's just being moved from one department to another department. So I want to be clear, we're not dipping into the general fund, so to speak; we're just moving it from one department to another department. Is that correct? Mr. Boudreaux: That is correct, Commissioner. That it's just moving an already -approved appropriation from one fund to the next. Commissioner Sarnoff Okay. And I just want to be absolutely clear on this record that your hiring freeze will not apply to police officers? Mr. Hernandez: It will not. Commissioner Sarnoff Okay. Chair Sanchez: And where's that money going to come from? Commissioner Sarnoff It's allocated. Mr. Hernandez: It's -- right. It is already funded as part of the 09/0 -- I mean, 08/09. Chair Sanchez: But nothing will prevent you to come back for additional funds or whatever -- look, there's allocated funds in certain -- in some allocations that the money's sitting there and not being used. Commissioner Sarnoff Right, right, right, right, right. Chair Sanchez: Okay. That we agree. If we look at the numbers and we sit down, there's allocations that we've made through the budgetary process with -- we made an allocations through the whole year of monies sitting there not being used. Why not use that money, money that's being used in certain allocations where the project is not going to be done or the money's there that you're waiting to get "X" amount of dollars to complete the project? You know, we need to start looking at that option -- Mr. Hernandez: Mr. Chair, you're also -- Chair Sanchez: -- instead of dipping into the general funds [sic], okay. I know what I'm talking about. Mr. Hernandez: -- correct in the sense that if we have allocations that for some reason we don't need to use, that we will not use them, that we'll be wise as to their expenditure. Chair Sanchez: Okay. IfI sit down with the Administration -- I'll tell you this much, you know. Want to take off our gloves, we take them off. IfI sit down with Finance and we go through the entire allocation of the budget and special programs and all kinds of projects that we have out there, I could guarantee you there's millions of dollars that are sitting there not being used because we have committed that money to a certain project that may or may not happen. They may or may not happen. And in some of these cases, there's allocated funds there that isn't enough fund to get that project, and you're counting on either grants or you're counting on additional funds to get that project done. Well, if those projects are not going to be completed, then why not use that money and not dip into the general funds [sic]? Mr. Hernandez: Right. Larry Spring (Chief Financial Officer): Larry Spring, chieffinancial officer. Commissioners, City ofMiami Page 52 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 when we go through our midyear process, which will be brought back to this City Commission for approval, what you just articulated is the process that we go through. Commissioner Sarnoff Right, the midyear -- Mr. Spring: There are -- when there are, you know, some departments that are operating well below budget and we can reallocate portions of their funds to deal with other departments that have shortfalls, we do that. With regards to the other special revenue funds, if those funds are legally committed to do something specific, i.e., a grant to buy cars, we can't really reallocate it to buy lawn mowers, so we have to be mindful of that. And the same thing with our capital dollars. We go to market to get proceeds to build a park or do a new road, we really can't reallocate that money to the general fund for operations. But we do go through the process that you're articulating. Chair Sanchez: And that process is called what, midyear appropriations -- Mr. Spring: During our midyear budget appropriation. So we will go through that process. Chair Sanchez: All I'm saying is don't think that the general fund is the treasure to dig into. Mr. Spring: Well, I think I've been on the record many times stating that we do need to protect our general fund reserve. The City just did full rating presentations with all three rating agencies. Our ratings were reaffirmed, particularly because we have still a very sfrong reserve level, we have a sfrong reserve policy, a sfrong management team that is analyzing where we're going over the next two to five years. We're developing plans that will help us deal with those issues. We're not burying our head in the sand, so -- and that's in -- those are in the write-ups that are on the wire all over the world right now. So we are doing -- I think this management team is doing what you are articulating. We do need to be mindful and we will stay that course financially, and we will be back before this Commission. We're going through the budget process. I think everybody knows it's going to be difficult, but we have to go through it. And to your point, if we don't have the money, then we can't allocate it. And we have to tighten our belts, make changes structurally, do whatever it is that we have to do in order to make this work for everybody. Chair Sanchez: All right. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Well be meeting on that. Mr. Regalado. Commissioner Regalado. Commissioner Regalado: Did you made [sic] that presentation after or before the Manager issue the freezing announcement that you sign last week? Mr. Spring: The presentations were before the freezing. Commissioner Regalado: The presentations were before. Mr. Spring: Were before the issuance of the freezing memo, but we had discussed it already. Mr. Hernandez: But that was something that was mentioned that was at the rating -- Mr. Spring: Right. Mr. Hernandez: -- at the meetings with the rating agencies, and that was something that was mentioned to them, that we were in the process of actually doing -- City ofMiami Page 53 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Spring: Correct. Mr. Hernandez: -- and they see that as, I think, good management. Commissioner Regalado: Because the first line of the memo, it says due to the City's economic concern. Is that correct? Something like that. Mr. Spring: Something like that. Commissioner Regalado: Something like that. That could trigger some kind of nervousness in the bond rating. At least that's what they do. Mr. Spring: In this situation, it wouldn't because they were aware that we were going to do that. We had discussed it with them in our presentation. When we do presentations with the rating agency, it is a full disclosure, very candid discussion. We go through everything. They analyze our books. They have analysts who are -- you know, who've been dealing with municipal governments all over the country. Case in point, Moody's rating put every city in the entire country, every city, state, country on negative outlook a few weeks ago. Fortunately for us, they came down, they did our analysis of the City ofMiami specifically, and they reaffirmed our rating, and they also put us on stable outlook. So we have demonstrated financially, from a management standpoint, from a policy standpoint -- we even discussed the policies that this Commission approves and the will of the Commission to support these initiatives as we move forward. All of that goes into their analysis. And so by reaffirming our A ratings, our general A ratings and putting us all on outlook of stable, it demonstrates to the world that we're doing -- even with the hire freeze, the City's doing what every other city's actually doing to move forward and keep good bond ratings. Commissioner Regalado: No. But that was just a curiosity. What I wanted to ask is -- I remember that the first press conference that the City had after the stimulus was the Mayor and the Chief of Police about $2 million stimulus money for the Police Department. Remember that? Mr. Hernandez: Yes. That's the Burn (phonetic) grant, I think it is, out of the stimulus. Commissioner Regalado: Out of the stimulus. Mr. Hernandez: And that's two million over two to three years. Commissioner Regalado: And I saw the TV (Television) story saying that it was -- this will be used to buy equipment -- cars and equipment for the Police Department and hire new officers. That's the sound bite. I wasn't there. So these are different cars? Mr. Hernandez: Right. These were already an allocation that was part of the '09 budget -- Commissioner Regalado: No, no. Mr. Hernandez: -- to be able -- oh, the -- from the grant? Commissioner Regalado: Two set of cars. There are two set of cars for police officers that we haven't hire, so one set is coming from what we allocated in the general fund. The other set of cars is coming from the stimulus money. Mr. Hernandez: Commissioner, I don't recall exactly what the listing was as to how we were planning to use those monies. I know it's that equipment, probably some technology associated with Police. It could also be used for -- to pay for police officers. City ofMiami Page 54 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 RE.2 09-00446 Department of Information Technology Commissioner Regalado: Exactly. That's what I heard. Mr. Hernandez: Yeah. So we have that flexibility. Commissioner Regalado: But I heard police car when they did the press conference. That's what -- and I'm asking you -- Mr. Hernandez: I'm -- Commissioner Regalado: There are two sets of police cars, one coming from the money allocated; one coming from the stimulus money. Mr. Hernandez: My understanding is that in that $2 million grant application, there are no cars Commissioner Regalado: Okay. Then -- Mr. Hernandez: -- at all. Commissioner Regalado: -- somebody made a mistake at the press conference. Thank you. Chair Sanchez: Okay. All right. No further discussion on the item. Larry, we will be meeting -- Mr. Spring: Absolutely. Chair Sanchez: -- with the City Manager shortly. All right. No further discussion on resolution RE.1. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." One nay. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN ENTERPRISE ENROLLMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MICROSOFT CORPORATION, OR ITS CONTRACTING AFFILIATE, FOR LARGE ACCOUNT RESELLER FOR MICROSOFT SOFTWARE, LICENSES, AND MAINTENANCE, UTILIZING STATE OF FLORIDA CONTRACT NO. 252-001-09-1, EFFECTIVE UNTIL MARCH 31, 2012, SUBJECT TO FURTHER EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA, AT AN ESTIMATED TOTAL FIRST YEAR COST NOT TO EXCEED $570,000, WITH THE REMAINING YEARS SUBJECT TO BUDGETARY APPROVAL, DUE TO COST ADJUSTMENTS BASED UPON THE ADDITION OF NEW PC WORKSTATIONS AND SERVERS; ALLOCATING FUNDS FROM EXISTING CAPITAL IMPROVEMENT PROJECT ACCOUNTS, EXISTING GRANTS, THE OPERATING BUDGETS OF VARIOUS DEPARTMENTS CITY-WIDE, AND THE LAW ENFORCEMENT TRUST FUND, AS SUCH FUNDS ARE APPROVED BY THE CHIEF OF POLICE AND ARE IN COMPLIANCE WITH THE UNITED STATES DEPARTMENT OF TREASURY AND JUSTICE'S, City ofMiami Page 55 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 "GUIDE TO EQUITABLE SHARING." 09-00446 Legislation.pdf 09-00446 Exhibit 1.pdf 09-00446 Exhibit 2.pdf 09-00446 Exhibit 3.pdf 09-00446 Summary Form.pdf 09-00446 Certification of Contract.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0219 Chair Sanchez: All right. RE.2. Peter Korinis (Chief Information Officer): Good morning, Commissioners. Chair Sanchez: Good morning. Mr. Korinis: Peter Korinis, chief information officer. This resolution requests the renewal of our agreement with Microsoft Corporation to provide all of the software in all of the computers throughout the City. These are all the operating systems, Windows, Microsoft Office; 2,500 computers, plus all of the computing software in the data center. The amount of money is $570 [sic] not to exceed for this year. It's in our budget. We have used this contract for the past nine years. I'm sorry, $570, 000 this year. We've used this contract for the past five years through the state contract -- I'm sorry, the last nine years, so this would extend it for three more years. Some of the benefits, just very briefly, is it gives us a standard platform that all of the computing resources use so that everyone can communicate with everyone else. It's our e-mail (electronic) packages. It's our standard operating system, et cetera. It gives us a fixed price, and there won't be price increases over the next couple years. Also, our close partnership with Microsoft, I think is worth mentioning, has resulted in over half a million dollars with -- in the way of grants and donations for our Elevate Miami project, which now has over 35 computing centers throughout the City providing computing centers out in the parks and the senior centers. If there's any questions, I'd be happy to answer them. Chair Sanchez: All right. Is there a motion on RE.2? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion. Is there a second? Commissioner Regalado: Second. Chair Sanchez: There's a motion and a second. Before we open up for discussion -- well, there's no public hearing; it's a resolution, all right. No discussion. We're on RE.2. Taking a vote on RE.2. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.3 09-00447 RESOLUTION City ofMiami Page 56 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), WHICH IS REVOCABLE -AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI OVERSEAS CHINESE ASSOCIATION, INC. ("LICENSEE"), A FLORIDA NONPROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 3.44 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FOR A USE PERIOD TO COMMENCE OCTOBER 1, 2008 AND EXPIRE SEPTEMBER 30, 2009, WITH THREE (3) ONE-YEAR RENEWAL OPTIONS AND THREE PERCENT (3%) ANNUAL INCREASES, SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE, AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $100, PLUS STATE USE TAX, IF APPLICABLE, AND AN ADDITIONAL TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES, 3) FOR A THREE PERCENT (3%) ANNUAL INCREASE TO THE LICENSEE'S USE FEE AMOUNT PAID TO THE CITY; AND 4) THAT ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00447 Legislation.pdf 09-00447 Exhibt.pdf 09-00447 Summary Form.pdf 09-00447 Master Report.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0220 Chair Sanchez: RE.3 is also a resolution -- Commissioner Sarnoff So moved. Chair Sanchez: -- being brought to us by the Department of -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- Public Facility [sic]. Let's put something on the record so people know what we're voting on. There's been a motion by Commissioner Sarnoff, second by the Vice Chair. Let's put something on the record on RE.3. Madeline Valdes: Good morning. Madeline Valdes, Department of Public Facilities. RE.3 is a resolution authorizing the City Manager to enter into a revocable license agreement with Miami Overseas Chinese Association to occupy the City -owned property at Virginia Key, located at 3601 Rickenbacker Causeway. This revocable license agreement provides for a one-year revocable license, with three one-year options, a 3 percent annual increase; for the licensee to pay a monthly use fee of $100, with 12 percent of their gross revenues to the City. These City ofMiami Page 57 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 amounts will be reserved in a capital fund for the property for future capital repairs. Chair Sanchez: All right. Commissioner Regalado: Question. Chair Sanchez: There's been a motion and a second. The item is under discussion. Commissioner Regalado: On the -- I was reading the back-up material, and I found something that, Madeline, is -- it's of great concern to me. There is a item that says that the City will get 12 percent of any grant and income and activity that this organizations [sic] receives. Now, I remember that last year they did a dinner at the Mandarin Hotel for the American Cancer Society to raise funds. If they do that, does the City get 12 percent? Ms. Valdes: No, Commissioner, they don't. Unless they receive those funds as a use of the facility -- in other words, they use -- they have the event at the facility, then it applies. Commissioner Regalado: Suppose that there is a fundraiser for a charity, which that's what they do, so they have to share with the City if they do it there. Ms. Valdes: At the facility. Commissioner Regalado: The charity money. Ms. Valdes: Yes. Annually, there's supposed to be provid -- actually, monthly, they're supposed to be providing us with an analysis of the monies that they've received; and if anything has happened at the premises, then we're entitled to 12 percent of that. Commissioner Regalado: You're aware that this is free, right? They do -- this particular group is free for anybody to participate, so it's very difficult to get income for the group. Ms. Valdes: We understand that. And I don't believe they've ever been charged the 12 percent. I may be wrong, but I don't think we've ever received their 12 percent on that. Commissioner Regalado: Okay. I mean -- Chair Sanchez: Any discussion? Commissioner Regalado: I mean, no. I don't know if -- Mr. Chi, do you want to --? Chair Sanchez: It's -- the resolution doesn't require a public hearing, but would you like to address the Commission? Joe Chi: Thank you, Mr. Chairman. First of all, I'd like to commend the City Administration for doing a great job of handling -- Commissioner Sarnoff Excuse me; put your name and record -- name and -- Mr. Chi: My name is Joe Chi, representing the Miami Overseas Chinese Association and Dragon Boats. I'd like to thank you very much and commend you for doing a great job in handling the Miami Marine Stadium and also the Miami Rowing Club facilities. I'd also like to thank the City, as a whole, for giving us the opportunity to serve a greater Miami community by - - as a nonprofit by providing a low-cost venue for residents to enjoy dragon boating activities and waterfront activities, where the very nature, dragon boating itself we're able to process massive quantities of residents, especially children. We've worked with the Children's Trust. City ofMiami Page 58 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 We've also done a lot of community service. We also act as an informal conduit to the Far East. We're an international cultural event. We add a degree of internationality to the international reputation of the City ofMiami. We've also organized events for the Red Cross, the American Red Cross, and the International Red Cross. We've also worked with various cancer organizations. We started working this year with the Susan G. Coleman in order to get more breast cancer survivors participating in dragon boats. Our issue, of course, is the 12 percent. We just want to make -- have -- I'd like to be able to come back with the City staff to be able to define this a little more carefully. A lot of our funds, they come in for nonprofit -- for fundraising purposes. We'd like to be able to keep it on that nature, on that plane. We're not -- we're a nonprofit operation. We're not a private business trying to maximize profit. We'd like to maintain that purpose and the structure and, of course, I'd like all of your help in keeping it. So thank you very much. Chair Sanchez: All right. I think it's important. Have you ever paid the 12 percent? Mr. Chi: Pardon me? Chair Sanchez: Have you ever paid the 12 percent? Mr. Chi: Not yet. I have not been charged yet, but I -- I'd like to make sure that, you know -- Chair Sanchez: You want to keep it that way. Mr. Chi. We need to keep it that way. Ms. Valdes: The agreement is essentially this same agreement that has been in place, so whatever you've been doing till now, it still applies. Mr. Chi: Oh, okay. Ms. Valdes: Does not change. Mr. Chi: Thank you. Okay. Chair Sanchez: All right. That is RE.3. Any further discussion on RE.3? All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.4 09-00448 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), WHICH IS REVOCABLE -AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SWIM GYM AQUATICS, INC. ("LICENSEE"), A FLORIDA FOR PROFIT CORPORATION, TO OCCUPY AND USE APPROXIMATELY 3.44 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FOR A USE PERIOD TO COMMENCE OCTOBER 1, 2008 AND EXPIRE SEPTEMBER 30, 2009, WITH THREE (3) ONE-YEAR RENEWAL OPTIONS, SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE, AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE City ofMiami Page 59 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $400, PLUS STATE USE TAX, IF APPLICABLE, AND AN ADDITIONAL TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES, 3) FOR A THREE PERCENT (3%) ANNUAL INCREASE TO THE LICENSEE'S USE FEE AMOUNT PAID TO THE CITY; AND 4) THAT ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00448 Legislation.pdf 09-00448 Exhibit .pdf 09-00448 Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez RE.5 09-00449 Department of Public Facilities R-09-0221 Chair Sanchez: Let's take up RE.4. Madeline Valdes (Acting Director, Public Facilities): RE.4 is a resolution authorizing the City Manager to enter into revocable license agreement with Swim Gym Aquatics, Inc. To occupy the City property, located at 3601 Rickenbacker Causeway for a use period of one year, with three one-year options. This agreement also provides for 3 percent annual increases. The licensee to pay $400 use fee to the City and a 12 percent of their monthly gross revenues. All these amounts will be reserved in a special account for the property itself for future capital improvements. Chair Sanchez: All right. RE.4. There's a motion. Commissioner Regalado: Move it. Chair Sanchez: Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Motion by Commissioner Regalado, second by Commissioner Sarnoff. No discussion on RE.4. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.4 has been approved, 4-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE LICENSE AGREEMENT ("AGREEMENT"), WHICH IS REVOCABLE -AT -WILL, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI ROWING & WATERSPORTS CENTER, INC. ("LICENSEE"), A FLORIDA NONPROFIT CORPORATION, TO OCCUPY AND USE City ofMiami Page 60 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 APPROXIMATELY 3.44 ACRES OF CITY OF MIAMI ("CITY") OWNED PROPERTY LOCATED AT 3601 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, WHICH LICENSE SHALL PROVIDE: 1) FOR A USE PERIOD TO COMMENCE OCTOBER 1, 2008 AND EXPIRE SEPTEMBER 30, 2009, WITH THREE (3) ONE-YEAR RENEWAL OPTIONS, SUBJECT TO THREE (3) MONTHS PRIOR WRITTEN NOTICE BY LICENSEE, AND MUTUAL CONSENT OF THE PARTIES; 2) FOR LICENSEE TO PAY A MONTHLY USE FEE TO THE CITY IN THE AMOUNT OF $250, PLUS STATE USE TAX, IF APPLICABLE, AN ADDITIONAL TWELVE PERCENT (12%) OF MONTHLY GROSS REVENUES; 3) FOR A THREE PERCENT (3%) ANNUAL INCREASE TO THE LICENSEE'S USE FEE AMOUNT PAID TO THE CITY; AND 4) THAT ALL AMOUNTS PAID TO THE CITY TO BE RESERVED IN A SPECIAL ACCOUNT BY THE FINANCE DEPARTMENT FOR CAPITAL IMPROVEMENTS, WITH OTHER TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 09-00449 Legislation.pdf 09-00449 Exhibit.pdf 09-00449 Summary Form.pdf 09-00449 Master Report.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0222 Chair Sanchez: RE.5. Madeline Valdes (Acting Director, Public Facilities): RE.5 is a resolution authorizing the City Manager to enter into revocable license agreement with Miami Rowing and Water Sport Center, Inc. to occupy the City property located at 3601 Rickenbacker Causeway. This agreement provides for the same terms and conditions as the other two, except that the Rowing Club will pay $250 as their use fee, with 12 percent of the gross of revenues to the City. The amounts are to be reserved in a capital account for the property -- future capital improvements to the property. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff Second. Commissioner Regalado: I move it. Commissioner Sarnoff Move it. Chair Sanchez: There's a motion -- Commissioner Regalado: Second. Chair Sanchez: -- by Commissioner Sarnoff, second by Commissioner Regalado. Discussion on the item? Hearing no discussion on the item, RE.5, it's a resolution. All in favor, say "aye." City ofMiami Page 61 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Valdes: Thank you. Chair Sanchez: RE.6, if we didn't approve PH 1, we don't need; so it's been withdrawn, okay? RE.6 09-00481 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney CITY ATTORNEY TO RETAIN THE LAW FIRM OF DE LA 0, MARKO, MAGOLNICK & LEYTON, TO PURSUE A LAWSUIT AGAINST CERTAIN CONSTRUCTION, ENGINEERING, AND INSURANCE COMPANIES, WITH SAID FIRM TO BE COMPENSATED ON A CONTINGENCY FEE BASIS WITH COSTS TO BE APPROPRIATED FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 09-00481 Legislation.pdf 09-00481 Memo.pdf WITHDRAWN Pamela E. Burns (Assistant City Clerk): Mr. Chair. Chair Sanchez: Yes? Ms. Burns: You had indicated that RE. 6 was withdrawn. Could we -- Chair Sanchez: Yes, ma'am. Pedro G. Hernandez (City Manager): Yes. Ms. Burns: -- clarify that because we didn't -- Chair Sanchez: Well -- Ms. Burns: -- we don't show that for our records. Chair Sanchez: -- it's not -- because PH 1 was the waiver. They did not receive the waiver, so we cannot bring RE.6 up for a vote. So, therefore, it's being withdrawn at this time. Ms. Burns: Thank you. Chair Sanchez: For the record. All right. RE.8 was also pulled. RE.7 09-00304 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "VIRGINIA KEY SECTION 1135 ECOSYSTEM RESTORATION PROJECT" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE DEPARTMENT OF THE ARMY, IN AN AMOUNT NOT TO EXCEED $1,500,000, FOR THE ECOSYSTEM RESTORATION OF VIRGINIA KEY, MIAMI, FLORIDA; AUTHORIZING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $375,000, IN THE FORM OF IN -KIND SERVICES AND CASH, AS STATED HEREIN; AUTHORIZING THE City ofMiami Page 62 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 CITY MANAGER TO EXECUTE THE PROJECT PARTNERSHIP AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00304 Legislation.pdf 09-00304 Exhibit.pdf 09-00304 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0223 Chair Sanchez: Let's go to RE.7. RE.7 is a resolution, and that is from the Office of Grant [sic] Administration. Bob, are you here? Well, somebody come up and just put something on the record on the item. Dorcas Perez (Community Partnerships Manager): RE.7 is a resolution -- Sorry, Dorcas Perez, Grants Administration -- accepting a grant from the Department of the Army for the design and construction of Virginia Key Section 1135, Ecosystem Restoration. It is a grant for $1.5 million. Chair Sanchez: Okay. Is there -- Pamela E. Burns (Assistant City Clerk): And we need -- Chair Sanchez: -- a motion? Commissioner Sarnoff So move. Chair Sanchez: Motion by Commissioner -- Commissioner Regalado: Second. Chair Sanchez: -- Sarnoff, second by Commissioner Regalado. Ms. Burns: Could we have your name also for the record, please? Chair Sanchez: Yes. Ms. Perez: Yes. Dorcas, D OR CA S; Perez -- Chair Sanchez: Yes. Ms. Perez: -- P-E-R-E-Z. Chair Sanchez: All right, a motion and a second. Under discussion. Let me just say that this is a big deal for Virginia Key. I want to take the opportunity to really praise Robert Ruano, who's done -- Bob, you've done a great job on this and the staff. I think if we have a great opportunity is that we're going to be able to showcase that. And really, the efforts that have gone into and the support of the ecosystem for the entire Virginia Key is something that we should be very, very proud of. So I know that, when this is all said and done, we're going to have a great facility out there that's really going to show that Miami is really committed to greenery and open space and really providing a showcase that's going to be, I think, in the near future, our Central Park in Miami, where people can get there either through driving or maybe through water taxis. And really, it's going to provide an oasis outside of urbanism in Miami. So once again, Bob, I want City ofMiami Page 63 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 to thank you for your efforts and everyone who's worked so hard into promoting this. Also, the African American beach -- the historic African -American beach is coming along. That's going to be another part of that component that's going to be able to showcase Miami's history and really what Miami's all about. So just wanted to take that opportunity. Any further discussion on the item? If not, it's a resolution. There's been a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.8 09-00483 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney ENGAGEMENT OF LITTLER, MENDELSON, P.C., FOR THE REPRESENTATION OF THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") OF THE CITY OF MIAMI AS REQUIRED BY SECTION 23(G) OF THE CHARTER OF THE CITY OF MIAMI, IN CONNECTION WITH NEGOTIATING A COLLECTIVE BARGAINING AGREEMENT BETWEEN DOSP AND I.A.T.S.E. LOCAL 500, WITH ATTORNEY'S FEES TO BE PAID BY DOSP. 09-00483 Legislation.pdf 09-00483 Memo.pdf CONTINUED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to continue Item RE.8 to the Commission meeting currently scheduled for June 11, 2009. RE.9 09-00489 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ENGAGEMENT OF SIEGFRIED, RIVERA, LERNER, DE LA TORRE & SOBEL, P.A., FOR THE REPRESENTATION OF THE DEPARTMENT OF OFF-STREET PARKING ("DOSP") OF THE CITY OF MIAMI AS REQUIRED BY SECTION 23(G) OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, FOR PURPOSES OF CREATING ONE OR MORE MIXED USE CONDOMINIUMS AND RELATED PROPERTY OWNERS ASSOCIATION ON THE COURTHOUSE CENTER GARAGE LOCATED AT 40 NORTHWEST 3RD STREET, MIAMI, FLORIDA, WITH ATTORNEY'S FEES TO BE PAID BY DOSP. 09-00489-Legislation-SUB.pdf 09-00489-Submittal-Memo-Office of the City Attorney.pdf 09-00489 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, 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-09-0224 Chair Sanchez: RE.9. City ofMiami Page 64 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Julie O. Bru (City Attorney): RE.9, Chairman, is a -- Chair Sanchez: This comes to us with a substitution, correct? Ms. Bru: It was substituted -- not the substance of it. It was just substituted to make it more expansive and to clarify certain terms. This is a request to engage special counsel for the Department of Off -Street Parking. The Department is a instrumentality of the City that functions independently of the City. The Charter designates the City Attorney as counsel to the Department. However, it also recognizes that from time to time there could be a need for special counsel, as determined by the City Attorney. I have determined that for this project -- and this is a parking garage that's currently under construction wherein the board of the Miami Parking Authority has determined that they want to consider certain options, such as parceling out a portion of the facility as a condominium to either provide retail or office space. And for purposes of creating the documents necessary to do the condominium and the association, we are recommending that the law firm be retained. This is a law firm that has previously done work for Miami Parking Authority. It's the law firm of Siegfried, Rivera, Lerner, De La Torre & Sobel. They are -- it's a firm that specializes in this kind of work. This matter was brought to the executive director and to the Miami Parking Authority Board, and they've all approved it. And now it's before you for final approval. The funds would be coming from the Department. Chair Sanchez: All right. There -- is there a motion and a second? Commissioner Sarnoff So move. Chair Sanchez: So moved by Commissioner Sarnoff, second by Commissioner Regalado. Any discussion on the item? We are on RE.9. It has been substituted. So, as amended, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.10 09-00492 RESOLUTION District 3- Chair Joe Sanchez A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING EFFORTS TO PARTNER WITH OTHER CITIES THROUGHOUT THE UNITED STATES TO ADDRESS THE FORECLOSURE CRISIS BY CREATING A MULTI -CITY LITIGATION GROUP COMPRISED OF CHIEF LEGAL OFFICERS FOR MUNICIPALITIES THROUGHOUT THE UNITED STATES TO HOLD LENDERS ACCOUNTABLE, REDUCE THE NUMBER OF FORECLOSURES, AND REDUCE THE NUMBER OF VACANT HOMES; FURTHER DIRECTING THE CITY ATTORNEY TO REPORT ON THE PROGRESS OF THESE EFFORTS WITHIN NINETY (90) DAYS. 09-00492 Legislation.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sanchez, Regalado and Spence -Jones Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Gonzalez R-09-0225 Direction by Vice Chair Spence -Jones to the City Attorney to determine whether there are City ofMiami Page 65 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 available alternatives that would assist victims of predatory lending. Chair Sanchez: Item number RE.10, which I will pass the gavel. Item number 10, which is a resolution, is an item that I have sponsored. The item in itself it pertains to the foreclosure crisis that we're facing in our city. I don't need to tell you the statistics are alarming. As a matter offact, in today's Herald, business section, it says, "South Florida Foreclosure Soars." It is incredible. If you look at it, that just based on the title itself you have 111 -- in between March and April, foreclosures have skyrocketed by 111 percent in Miami -Dade, a surge of 124 percent in Broward, and I'm not even get into some of the statistics, but I could tell you that Florida is the number -two state in foreclosures in the United States. This resolution, we're clearly partners with other cities throughout the United States to address the foreclosure crisis by creating a multicity litigation group comprised of chief legal officers from municipalities throughout the United States to hold lenders accountable for their actions. And really, if you look at it, right now there are many -- Baltimore, Cleveland, Buffalo have all filed lawsuit against lending institutions based on predatory lending. And if you look at -- in our city, approximately 14,000 foreclosures have been filed in Dade County in 2006. That was 14,000. In 207 [sic], it doubled to 31, 000 foreclosures filed. And in the first three months of 209 [sic] alone, this year, more than 22, 000 foreclosures have been filed, which puts us at a pace for nearly 90,000 by the end of this year. And if you don't think that destroys the quality of life in a community, drive around our community. It really doesn't matter whether you come from a poor neighborhood or a very wealthy neighborhood. You see a lot of these homes that are being abandoned. People are walking away from it 'cause they can't afford it anymore, and it's all based on the tough economy that we're facing today. So what we basically asked to this legislation, working with the City Attorney and the City Manager, was to go out and really focus on putting this together to make sure that we could go out there and really go out to the people that have really destroyed families and destroyed homes and destroyed communities. And those were predatory lenders who went out there and took advantage of the needy and lied to 'em [sic]. Now I know that some of these foreclosures are people that went out there and speculated and went out and bought homes and they were going to flip those. I don't protect those, but I think we should protect those that have had their homes for `X" amount of years and basically have not had a job, and they went out and they refinanced through a lending institution that lied to 'em [sic] or misled 'em [sic] in many ways. So the power of so many municipality lawyers could work together to file lawsuit holding lenders responsible for lowering the property value and other ill cause that have basically destroyed our community. Now even the Florida Supreme Court is exploring the possibility of implementing a statewide mandatory mediation program. Basically, the state is just saying, look, at this point, the banks need to sit down with the property owners and fry to work out 'cause we're not going to be -- you know, banks can't take over all these properties. So really, the effect that it has cost not only our city, but every city throughout the United States is something that government needs to get involved in doing it. And this is a good avenue to do that. So I urge my fellow Commissioners to approve this resolution for the sake of protecting our citizens and residents who depend on us to help them save their homes and basically the neighborhoods because we are feeling the aftermath of this foreclosure and we don't know when it's going to end. And I know there's some issues brought out in the debate -- not the debates, but the meetings that we've had, which the legality of it. Well, this could be done. As a matter offact, other cities are doing it. And basically, we could go after them and sue them and recoup money and basically help the residents, if not obtain their properties, you know, get them back on their feet as to what the situation that they're faced with. So I would make a motion to pass this resolution that we've been working on for quite some time. Madam Attorney, how long have we been working on this? Julie O. Bru (City Attorney): We have been working with IMLA, the International Municipal Lawyers Association, to strategize about ways to try to go after these predatory lending financial institutions. And so far, Baltimore has filed a lawsuit against Wells Fargo. Baltimore was able to establish through evidence and data that Wells Fargo actually engaged in what's called reverse redlining. They went in and they selected neighborhoods that were predominantly City ofMiami Page 66 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 African American and actually lent them money for mortgages on terms that were higher than what they would in the white neighborhoods. They lent them money knowing that these people could not repay these loans. And this action is being brought under the Fair Housing Act, which I think is a very, very innovative -- and I think that we have some data and some evidence in our community that perhaps this kind of practice occurred and we should explore whether or not we can document enough evidence to file a lawsuit under the Fair Housing Act. Commissioner Sarnoff So -- Can I ask a question, Mr. Chair? Chair Sanchez: Hold on. Just to also add on this. Memphis and Atlanta are also considering taking these actions because they're also being affected by the foreclosure crisis throughout their cities. Yes, sir. I would yield to you, and then I'll -- Chair Spence -Jones: You're recognized, Commissioner Sarnoff. Commissioner Sarnoff I'm sorry, Madam Chair. Let me see ifI understand this, Madam City Attorney. You want the ability from resolution of this City Commission to go after what you characterize as predatory lenders, such as Wells Fargo, for instance, which I think received $19 billion in TARP (Troubled Assets Relief Program) funds -- so our tax dollars are funding it -- so we can sue on behalf of those that you determine were predatory lended [sic]. And you're going to have standing to initiate a class action on -- Well, how are you going to do it? Ms. Bru: No. It's not a class action. Actually, we are seeking damages on behalf of the City for the cost that these foreclosures are causing the City. For example, in the city of Baltimore, they have estimated that due to vacant property, the increase in having to have police and fire respond to vacant properties that are the site of criminal activity, for each foreclosure that takes place in Baltimore, it costs the city of Baltimore $34, 000 in additional administrative expenses -- Commissioner Sarnoff And you -- Bru: -- in police and fire expenses. Commissioner Sarnoff -- you'd be able to drill down what the cost is to the City ofMiami in terms of our code enforcement, of our public works, in terms of our public safety, in terms of our fire, police? You've been able to drill down as to what that cost is? Ms. Bru: I'm only asking for the opportunity to fry. Commissioner Sarnoff And you're going to bring a cause of action on behalf of every taxpayer in the City --? Well, let me ask. Ms. Bru: We're bringing the cause of action on behalf of the City. Chair Sanchez: City. Ms. Bru: And we have standing under the Fair Housing Act. Commissioner Sarnoff Well, you're bringing it on behalf of the taxpayers. You're bringing it as a city. Ms. Bru: Well, ultimately, that is who we are. Commissioner Sarnoff So you're going to inevitably sue the bank that received bail -out money to pay for the City? City ofMiami Page 67 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Ms. Bru: Yes. Commissioner Sarnoff That's a nice recycling of tax dollars. Chair Sanchez: Well -- but -- Vice Chair Spence -Jones: Okay -- Chair Sanchez: -- we have an opportunity to recoup some of that money where the City didn't have the fault in lending the money; the institutions did. And if other cities have taken that proactive step to try to recoup that money for the cities, I think the City ofMiami should do the same. Ms. Bru: And -- Chair Sanchez: And basically, if you think about the quality of life, the quality of life affects every citizen that lives in the City, whether you're affected by a foreclosure or not by a foreclosure. Because the last thing you want or I want is to have a foreclosed home next to you where it's boarded up and your property values are decreased, and then we have to provide tax dollars resources to go out there and send code enforcement to make sure there's nobody living in that home or vandalism isn't in that property. So overall, government needs to take this action, I believe. If it's anything, it's to recoup the money back from the City and send a message that we are here to protect the City ofMiami and what it's being faced with. And I will ask the City Attorney to consider legal action against predatory lenders and report back to us, this Commission, within 90 days. So let's not waste time. Commissioner Sarnoff Well, I -- let me just say this. I understand what you're trying to get at. I think this violates so many tenets of law that -- Have any of these lawsuits in Baltimore been successful? Ms. Bru: This is something that has just been started. And we have been talking to our colleagues -- Commissioner Sarnoff And let me -- Ms. Bru: -- in municipal law -- Commissioner Sarnoff Okay, so they -- Ms. Bru: -- and complaints have been filed. There's -- in the discovery stage. Commissioner Sarnoff -- have not been successful. Ms. Bru: No, but Commissioner -- Commissioner Sarnoff Now let me ask you a question. Ms. Bru: -- in the past, there have been successful actions under the Fair Housing Act against lenders -- Commissioner Sarnoff Predatory -- Ms. Bru: -- for redlining. Commissioner Sarnoff Right, for redlining is a whole different -- City ofMiami Page 68 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Ms. Bru: And this is reverse redlining, so -- Commissioner Sarnoff Well -- Ms. Bru: -- I -- you know, I don't see why the same tenets of law wouldn't apply in this case. It is a hard -- it is an uphill battle. I completely agree with you that this is difficult. Commissioner Sarnoff Let me ask you this, Madam City Attorney. What would the counterclaim be? What could we expose the citizens, through the City ofMiami, to a counterclaim for? Ms. Bru: We are simply asking you to let us analyze this. Commissioner Sarnoff That's my -- okay. Ms. Bru: I don't -- I am not ready to tell you what the counterclaim could be, butl can tell you that we believe that there is sufficient data -- that there is a lot of case law under the Fair Housing Act, adopted in 1968, with substantial amendments in 1988, that is there to protect residents to make housing available for residents, and it prohibits residential transactions that result in predatory lending. So -- and there have been plenty of litigation on that, and this is reverse predatory lending. Commissioner Sarnoff Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: Commissioner Regalado, you have any comments? Commissioner Regalado: No. Vice Chair Spence -Jones: Okay. My only -- Do -- first of all, do we have a motion on this? Do we have a second on this item? Chair Sanchez: I -- Pamela E. Burns (Assistant City Clerk): We do not have a second. Chair Sanchez: I will make a motion. Vice Chair Spence -Jones: I have a motion. Do I have a second on this item? Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. We have a motion and a second. All in favor? Commissioner Regalado: Aye. Chair Sanchez: Aye. Vice Chair Spence -Jones: Aye. This item -- Chair Sanchez: No discussion? Commissioner Sarnoff Opposed. One opposed. City ofMiami Page 69 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Vice Chair Spence -Jones: One opposition. Is there any discussion at all on it? No. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. Only thing I just want to just add in closing -- and I'm going to pass it back to the Chair -- I do think that this legislation is great legislation. I mean, of course, quite naturally in my particular community, predatory lending has been a big issue in Little Haiti, Liberty City, Overtown, in those particular communities where they have preyed on the residents that live there for whatever reason, and especially the elderly. So anything that the City can do to address the issue, to support the issue, I think we should be trying to do. And I -- Commissioner Regalado: But -- Vice Chair Spence -Jones: -- just want to make sure that I officially put my position on the record. I think it's important for us to look at every avenue that's possible. Commissioner Regalado: -- can I just say something? Vice Chair Spence -Jones: Sure. Chair Sanchez: On this item? Commissioner Regalado: On this item. Just that I support it. But just so the people understand, this is not to protect the people in foreclosure. Vice Chair Spence -Jones: I know. Chair Sanchez: No. Commissioner Regalado: Absolutely not. So the people in foreclosure will continue to lose their home. This is just to go out and recoup some money. And the only -- my only concern is that the City will have to engage outside counsel for this. This is in-house, everything? Chair Sanchez: No, sir. That's -- according to our meeting, it is not going outside. Ms. Bru: Let me clarify a couple of things. First of all, it's not just to recover damages. And again, this is preliminary coming to you to ask you to let us do the due diligence to see whether we have the data, to see whether we have a cause of action. It's not just damages. It's injunctive relief also that's available under the act. We can enjoin these lenders from foreclosing on individuals who were subjected to predatory lending practices. If we engage in our discovery, internal, with the data that we have with Community Development, and we determine that there is sufficient evidence, sufficient data; ifI look at the potential risk, like Commissioner Sarnoff has identified, could there be counterclaims? Could we be exposing the City to any counterclaims for which we would be liable for damages? We will bring that all to you. We're not running to the courthouse steps now. We're simply asking you let us look into this, let us work with our fellow attorneys from throughout the nation who have already been doing this; talk to them, see what results they're getting, see what kinds of counterclaims have been filed. But if we determine that there is a valid cause of action to be filed on our behalf on behalf of the City, to recover money from these institutions, there is a federal statute that allows us to do that and provides for attorney's fees, by the way. So why not avail ourselves of a remedy that was provided under federal law. Commissioner Sarnoff Prevailing party attorney's fees, correct? City ofMiami Page 70 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 RE.11 09-00482 District 2- Commissioner Marc David Sarnoff Ms. Bru: Statutory attorney's fees, under federal law. Commissioner Sarnoff Statutory prevailing party's attorney's fees. You could be exposing this City to a potential millions of dollars of their attorney's fees. Chair Sanchez: All right. Ms. Bru: I believe, Commissioner, that the attorney's fee provision is for the plaintiff -- Commissioner Sarnoff I think it's the prevail -- Ms. Bru: -- but I will check on that. Commissioner Sarnoff -- I think you'll find it's the prevailing party attorney fee. Chair Sanchez: All right. Ms. Bru: I have the statute here. We can check it out. Vice Chair Spence -Jones: The only thing, Mr. Chairman, that I just would like to add to Madam City Attorney that I would like for you to at least also in the midst of going through the process and figuring out whether or not it's something that the City should or could do, to look at if there's any other alternatives to also assist the victims of predatory lending because I think that that's also the other side of the equation that needs to be addressed, in the midst of you doing your research. Thank you. Ms. Bru: And just to finalize the discussion, on the issue of outside counsel, there is no intent on my part to engage outside counsel. That is why we are municipal lawyers, and that is why we're working with IMLA to make sure that we can, you know, share the resources and the research and all the work that the other municipal lawyers that have undertaken this task have done. Chair Sanchez: All right. The item has been approved. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ALLOCATING FUNDS TO THE MIMO BUSINESS IMPROVEMENT COMMITTEE, INC., IN THE AMOUNT OF $100,000, TO FUND COSTS FOR THE CREATION OF A BUSINESS IMPROVEMENT DISTRICT FROM ACCOUNT CODE NO. 31000.401000.882000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, TO INCLUDE ALL SUPPORTING DOCUMENTS NECESSARY FOR THE PURPOSES SET FORTH HEREIN IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 09-00482 Legislation.pdf 09-00482 Exhibit 1.pdf 09-00482 Exhibit 2.pdf 09-00482 Exhibit 3.pdf 09-00482 Exhibit 4.pdf 09-00482 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado City ofMiami Page 71 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 R-09-0226 Chair Sanchez: And we move on to the next item, which is -- Commissioner Sarnoff RE.11. Chair Sanchez: -- RE.11, the MiMo (Miami Modern) Business Improvement Committee. All right. Commissioner Sarnoff Mr. Chair, this is a reallocation of some funds from District 2 CDBG (Community Development Block Grant) and replacing it with some general fund dollars to allow Chair Sanchez: General fund? Commissioner Sarnoff I'm sorry, general fund. This is going to use our CDBG money for the restricted purpose -- we're getting less restrictive money to support the MiMo Business Improvement Committee, in the amount of $100, 000, to facilitate them to become a BID, Business Improvement District, on a similar format and model as that of the Coconut Grove BID. This particular issue only allows for the exchange of the money. And what will do is work with the City Attorney to create a document that will give us ascertainable goals and a monitoring of them. And just so you know, we were able -- during our due diligence, we learned that one of the officers and directors had a history of some problems; has a significant number of judgments and federal tax lien. And they have agreed to remove that person from office. And we are now vetting everyone involved with this organization to ensure that the public money will go towards the use, and that it will be with people who will be good stewards of the money. But the money will not be released until such time as the City Attorney and I are comfortable that there's an agreement with ascertainable goals and a monitoring so that they can go and do the things (UNINTELLIGIBLE) necessary to see if they can go through a voting process and become a business improvement district. And I hope I have the support of the board for this. Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: All right. There's a motion. Is there a second? Vice Chair Spence -Jones: Second. Discussion. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair. Discussion on the item. Vice Chair Spence -Jones: Yes. The only thing I want to add -- first of all, I want to say that am so -- I was so elated to see your MiMo -- Commissioner Sarnoff, the MiMo Festival. It's the second year, I believe. But just the number of people that were on Biscayne Boulevard was incredible. I mean, the whole area is -- Nancy, is booming. And I just wanted to acknowledge you guys for all that you guys do to bring up that area. It was a big -- I mean, it was a huge, big difference in the area during the actual festival, so I support that 100 percent. I just wanted to -- I asked Larry earlier -- I know that there's -- in both -- in our district, the Design District, in the Wynwood Arts Cafe district, apparently, they're working on something similar to this. I just want to make sure I get an update that that is also moving as well. Larry Spring: Absolutely. Larry Spring, chief financial officer. Commissioners, we are going through a similar process -- and I want to say like 12 or 13 other neighborhoods, including Wynwood and the Design District -- actually going through the same process that we're doing with MiMo, which is identifying the geographic area, the level of service that's being provided, City ofMiami Page 72 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 that agreement of a level of service, and then they would have to organize to move forward with the actual creation of an -- of their BID and go -- you know, go through that statutory legal process -- Vice Chair Spence -Jones: Okay. Mr. Spring: -- to officially become a BID. So we are doing that. Chair Sanchez: On this item, let me say this is way overdue. I think that the MiMo District is a diamond in the rough in our community. That whole area up there could really be a jewel in our city, a tourist destination, a point where people could gather and go up there and have a wonderful experience as to fruly what Miami is fruly all about because the Upper Eastside up there is the most diversified area of our community. So I am very glad to see that. Now what will ask is to make sure that in this process, when the Commissioner prepares the document that he's going to prepare, that there is plenty of accountability and there is language for whatever sake. And wish you the best, and know that you will succeed 'cause you have very talented people up there that their hearts are in the right place. But we need to have terms and conditions to make sure that if it doesn't work out, that this City has the proper language to try to recoup that money, okay? That's the only concern that have on that. And if it's -- as long as it's written in the language, you could count on me for anything thatl could assist you with. And I wish you the best as you are working very diligently up there to really create a wonderful gathering place. All right, so RE.11, there was a motion and a second. Who made the second? Oh, Vice Chair -- Vice -- Pamela E. Burns (Assistant City Clerk): Vice Chair Spence -Jones -- Chair Sanchez: Motion was made by Commissioner Sarnoff -- Ms. Burns: -- made the second. Chair Sanchez: -- second by the Vice Chair. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the right, say "nay." Motion carries. My understanding, RE.12, 13, and 14 were pulled. Pedro G. Hernandez (City Manager): They were deferred. Chair Sanchez: Deferred. Mr. Hernandez: Deferred to May 28. Chair Sanchez: Okay, let's -- you know, we could get through this agenda and we don't have to come back for lunch, if that's the will of the Commission. RE.12 09-00194 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "ATTACHMENT 1", AND A FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY AND THE MUSEUM OF SCIENCE, INC.("MSM"), IN SUBSTANTIALLY THE City ofMiami Page 73 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 FORM ATTACHED HERETO AS "ATTACHMENT 2" TO, AMONG OTHER THINGS, (I) REDUCED THE TOTAL NUMBER OF PARKING SPACES THAT THE MUSEUMS ARE REQUIRED TO BUILD FOR THE MUSEUM COMPONENT OF THE PROJECT FROM 480 TO 440, (II) PROVIDE THAT THE MUSEUMS' OBLIGATION TO PROVIDE 300 PARKING SPACES, IN THE EVENT ONLY 1 MUSEUM IS BUILT, IS SUBJECT TO SUCH MUSEUM BEING ABLE TO LEASE ADDITIONAL LAND TO ACCOMMODATE SUCH PARKING SPACES, AND (III) INCREASE THE HEIGHT RESTRICTION OF THE MSM AND MAM BUILDINGS TO 90 FEET ABOVE GRADE LEVEL. 09-00194 Legislation 5-14-09.pdf 09-00194 Exhibit 1 5-14-09.pdf 09-00194 Exhibit 2 5-14-09.pdf 09-00194 Summary Form 5-14-09.pdf 09-00194 Legislation 5-28-09.pdf 09-00194 Attachment 1.pdf 09-00194 Attachment 2.pdf 09-00194 Summary Form 5-28-09.pdf 09-00194-Submittal-MAM and MSM Lease Amendments Term Sheet.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to defer Item RE. 12 to the Commission meeting currently scheduled for May 28, 2009. RE.13 09-00369 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY"), THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM") AND THE MUSEUM OF SCIENCE, INC. ("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT A", TO PROVIDE FOR THE DESIGN, DEVELOPMENT AND CONSTRUCTION OF THE MUSEUM PARK PROJECT ON BICENTENNIAL PARK ( MUSEUM PARK). 09-00369 Legislation 5-14-09.pdf 09-00369 Exhibit 5-14-09.pdf 09-00369 Summary Form 5-14-09.pdf 09-00369 Legislation 5-28-09.pdf 09-00369 Exhibit 5-28-09.pdf 09-00369 Exhibits 5-28-09.pdf 09-00369 Summary Form 5-28-09.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to defer Item RE. 13 to the Commission meeting currently scheduled for May 28, 2009. RE.14 09-00370 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE TERMS OF, AND AUTHORIZING THE CITY MANAGER TO EXECUTE, AN ENVIRONMENTAL REMEDIATION City ofMiami Page 74 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY"), THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC. ("MAM") AND THE MUSEUM OF SCIENCE, INC.("MSM"), IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS "EXHIBIT A",TO PROVIDE FOR THE PERFORMANCE OF ENVIRONMENTAL SITE ASSESSMENTS AND CORRESPONDING SITE REHABILITATION OF BICENTENNIAL PARK (" MUSEUM PARK"), INCLUDING SPECIFICALLY THE CITY'S OBLIGATION TO PAY UP TO $2 MILLION DOLLARS TOWARD THE COST OF ENVIRONMENTAL REMEDIATION OF THE MAM AND MSM SITES, WITHIN MUSEUM PARK, WHICH HAVE BEEN LEASED TO MAM AND MSM FOR THE DEVELOPMENT OF THE MUSEUM COMPONENT OF THE MUSEUM PARK PROJECT. 09-00370 Legislation 5-14-09.pdf 09-00370 Exhibit 5-14-09.pdf 09-00370 Summary Form 5-14-09.pdf 09-00370 Legislation 5-28-09.pdf 09-00370 Exhibit 5-28-09.pdf 09-00370 Summary Form 5-28-09.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to defer Item RE.14 to the Commission meeting currently scheduled for May 28, 2009. City ofMiami Page 75 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 BOARDS AND COMMITTEES BC.1 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 6-11-09.pdf CONTINUED NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Chair Sanchez: All right. The City ofMiami Commission is being called to order. We had a recess for lunch. We have the remaining of the agenda. The items on the agenda are the board appointments, and then we go to the blue pages, each Commissioner, and then we'll go to the pocket items. Let's go ahead and start with the board appointments. We'll start with BC.1. BC.1, the district Commissioner is not here. BC.2 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: 08-01260 memo 6-11-09.pdf 08-01260 members 6-11-09.pdf 08-01260 applications 6-11-09.pdf NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City ofMiami Page 76 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: So we'll go to -- well, BC.2 is the Civilian Investigative Panel. It is my understanding, Mr. City Attorney, that the -- She is on her way? All right. We'll get back to BC. 2. "[Later...]" Chair Sanchez: Commissioner, what did you want to do on BC.2, which is the Civilian Investigative Panel? Vice Chair Spence -Jones: I want -- I definitely wanted to defer the item. My office has been working with them on the legislation for that, but we will be prepared for June. But we have been going back and forth -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- working with them. Chair Sanchez: Let's get a motion and defer BC.2. Motion is made by the Vice Chair. Commissioner Regalado: I will second the motion. Chair Sanchez: Second by Commissioner Regalado. Commissioner Regalado: But we have two open seats. Are you aware of that, Commissioner? Vice Chair Spence -Jones: Yes. I have -- I actually had a briefing with them already, but we're still working on some key things as far as the legislation is concerned. Commissioner Regalado: Okay. Chair Sanchez: All right. We go to BC.3. BC.3 is -- Pamela E. Burns (Assistant City Clerk): Mr. Chair -- Chair Sanchez: -- the -- Commissioner Regalado: You need to vote. Ms. Burns: -- we had a motion -- Chair Sanchez: Oh. Ms. Burns: -- to defer, but no vote. Chair Sanchez: I need a motion and a second. Commissioner Regalado: Second. Chair Sanchez: Okay. City ofMiami Page 77 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Vice Chair Spence -Jones: He second it already. Chair Sanchez: The motion has been second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. The item has been deferred. Ms. Burns: And would that be to a date specific or to be continued until the next regular meeting? Chair Sanchez: It could be carried over to the next regular Commission meeting -- Ms. Burns: Thank you. Chair Sanchez: -- and we'll address it. BC.3 08-01266 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Haydee Wheeler Commissioner Tomas Regalado Jerome Schiller Mayor Manuel A. Diaz Andres Lemos Mayor Manuel A. Diaz 08-01266 memo 5-14-09.pdf 08-01266 members 5-14-09.pdf 08-01266 Nominations 05-14-09.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0228 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Gonzalez absent, to appoint Haydee Wheeler as a member of the Community Relations 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 Haydee Wheeler as a member of the Community Relations Board. A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to appoint Jerome Schiller and Andres Lemos as members of the Community Relations Board. City ofMiami Page 78 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Let's go to BC.3. BC.3 is the Community Relations Board. Commissioner Regalado: I have an appointment. Chair Sanchez: Hold on, Commissioner. I'll recognize you in a minute. All right, BC.3. We have -- let -- before we take any action, let's -- what is the --? "[Later...]" Chair Sanchez: All right. The Community Relations Board. Commissioner Regalado, you have an appointment. Commissioner Regalado: Yes, the reappointment of Haydee Wheeler, and I think we need a waiver. Pamela E. Burns (Assistant Clerk of the Board): For Ms. Wheeler, we need a four fifths, a waiver for her attendance. Commissioner Regalado: Okay, so I move the appointment of -- with a waiver. Chair Sanchez: All right. There is -- Commissioner Sarnoff Second. Chair Sanchez: -- a motion and a second on the name that has been proffered with the waivers. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. We go to BC.4. BC.4 -- Ms. Burns: Mr. Chair -- Chair Sanchez: Yes. Ms. Burns: -- you have two appointments. Chair Sanchez: I am -- I'm deferring my appointments on this. Ms. Burns: Okay. And the Mayor has two appointments, and he has proffered two -- Chair Sanchez: Oh, he has -- Ms. Burns: -- names. Chair Sanchez: -- proffered some -- Ms. Burns: Yes, he has. Chair Sanchez: What are the names that have been proffered? Ms. Burns: Jerome Schiller and Andres Lemos. City ofMiami Page 79 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Okay. Can we get a motion and a second on that? Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been made by -- Commissioner Regalado: Motion. Chair Sanchez: -- the Vice Chair, second by Commissioner Regalado. Any discussion on the Mayor's appointments? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.4 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: NOMINATED BY: Clement Reid Mayor Manuel A. Diaz Suzanna Valdez Mayor Manuel A. Diaz 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 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0229 Chair Sanchez: We move on to BC -- Vice Chair Spence -Jones: 4. Chair Sanchez: -- 4. BC.4, that is the Arts and Entertainment Council. The Mayor has three appointments. Has he proffered any names? Pamela E. Burns (Assistant City Clerk): The Mayor has proffered two names, Clement Reid and Suzanna Valdez. Chair Sanchez: Okay. Can we get a motion and a second? Commissioner Sarnoff So move. Commissioner Regalado: Second. City ofMiami Page 80 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Motion has been proffered by Commissioner Sarnoff, second by Commissioner Regalado. Any discussion on the names that have been proffered? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. I have an appointment. My appointment will be deferred. BC.5 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) (Alternate) (Citizen) 09-00317 memo 5-14-09.pdf 09-00317 members 5-14-09.pdf 09-00317 Applications 5-14-09.pdf CONTINUED NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Chair Sanchez: We move on to BC.5, which is a resolution, the Historic and Environmental Preservation Board. All right. Vice Chair Spence -Jones: I believe, Mr. Chairman -- Chair Sanchez: You have an appointment? Vice Chair Spence -Jones: Yes, but my person has been there, I believe -- right, Madam Clerk -- has been there for a while, correct? Pamela E. Burns (Assistant City Clerk): Your current appointee is Gerald Marston, and he would require a five fifth term waiver -- Vice Chair Spence -Jones: So we -- Ms. Burns: -- if you seek to reappoint him. Vice Chair Spence -Jones: -- can't do it right now, right? Okay. Chair Sanchez: Okay. How about -- Commissioner Sarnoff, do you have an appointment? City ofMiami Page 81 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Sarnoff I'm going to defer this one. Chair Sanchez: Okay, so there's no appointments on BC.5. BC.6 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: Ricardo J. Fernandez Chair Joe Sanchez Ernest Martin Vice Chair Michelle Spence -Jones 09-00318 memo 5-14-09.pdf 09-00318 members 5-14-09.pdf 09-00318 applications 5-14-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0230 Chair Sanchez: Well go ahead and continue to BC.6. BC.6, I have an appointment on that. And Arva Parks, who has served for many years in this board and has paid a -- played a very important role in not only the history ofMiami, but her dedication and commitment to this great city, has resigned from the board. And therefore, I would proffer the name of Ricardo Fernandez, who is one of the names that has applied and is qualified to hold that position. That would be a name that I would proffer. Commissioner Regalado: Second. I would move on behalf of the Chairman -- Chair Sanchez: All right. Commissioner Regalado: -- but we need a second. Chair Sanchez: The Vice Chair -- Commissioner Sarnoff Second. Chair Sanchez: -- also has an appointment. She has two appointments, and Commissioner Sarnoff, you have one appointment. Commissioner Sarnoff I'll defer on this one. Chair Sanchez: All right. Vice Chair. Vice Chair Spence -Jones: Okay. This is for the PAB (Planning Advisory Board), correct? City ofMiami Page 82 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: This is for the PAB, yes. Vice Chair Spence -Jones: Right. I would --I wanted to re -nominate Ernest Martin, Ernie Martin, and I'm going to defer my second appointment. Chair Sanchez: Okay. So those two names, do any of the -- does Martin need a waiver of any kind? Pamela E. Burns (Assistant City Clerk): No. Chair Sanchez: No, he does not. All right, two names have been proffered. Need a motion and a second. There was a motion -- Commissioner Sarnoff So move. Commissioner Regalado: Second. Chair Sanchez: -- and a second. 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 of BC.6. BC.7 09-00324 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A 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 6-11-09.pdf 09-00324 members 6-11-09.pdf CONTINUED Chair Sanchez: We move on to BC.7, which is a resolution. That's the Audit Advisory Committee. I have an appointment. At this time, I am deferring my appointment. BC.8 09-00396 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Joe Sanchez Chair Joe Sanchez Emanuel Washington Vice Chair Michelle Spence -Jones City ofMiami Page 83 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 09-00396 memo 5-14-09.pdf 09-00396 members 5-14-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0231 Chair Sanchez: We move on to BC.8. BC.8 is the Miami Sports and Exhibition. I have to be appointed to that one, I understand. Pamela E. Burns (Assistant City Clerk): You don't have to be appointed, but you could be reappointed. Chair Sanchez: Yeah, appointed, but I'm not going to appoint myself. So I'm asking one of my colleagues to appoint -- Vice Chair Spence -Jones: I appoint -- Commissioner Sarnoff So move. Vice Chair Spence -Jones: -- Commissioner -- Commissioner Regalado: Second. Vice Chair Spence -Jones: -- Chairman Sanchez. Chair Sanchez: All right. The motion has been made to appoint -- reappoint me to the MSEA, which is the Miami Sports and Exhibition Authority. Vice Chair, you have two appointments. Vice Chair Spence -Jones: Yes. I'm going to defer one of them, but I'm going to appoint Emanuel Washington. Chair Sanchez: All right. The name has been proffered to the MSEA board. And Commissioner Sarnoff, you have one. Commissioner Sarnoff I'm going to defer on this one as well. Chair Sanchez: Okay. The names that have been proffered, all in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.9 09-00397 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 84 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Sheila Womble City Manager Pedro G. Hernandez (for an unexpired term ending 6/11/10) 09-00397 memo 5-14-09.pdf 09-00397 members 5-14-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0232 Chair Sanchez: We go to BC.9. BC.9 is the Parks and Recreation Advisory Board. And I believe that Commissioner Gonzalez has an appointment, and the City Manager has an appointment on this. Pedro G. Hernandez (City Manager): Mr. Chair, ifI may, I would like to appoint Sheila Womble. That's W-O-M-B-L-E. Chair Sanchez: Okay. Any other names that --? Pamela E. Burns (Assistant City Clerk): That's fine. Those are the only two appointments we're seeking at this time. Chair Sanchez: Okay. I need a motion and a second. Commissioner Sarnoff So moved. Commissioner Regalado: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Regalado. Any discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.10 09-00404 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Miguel Gabela Commissioner Marc David Sarnoff 09-00404 memo 5-14-09.pdf 09-00404 members 5-14-09.pdf 09-00404 applications 5-14-09.pdf City ofMiami Page 85 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0233 Chair Sanchez: And we go to BC.10. BC.10 is Zoning Board. At this time, the only one with an appointment is Commissioner Sarnoff. Commissioner Sarnoff I'd appoint Miguel Gabela. Chair Sanchez: All right. Commissioner Regalado: Second. Chair Sanchez: There's a motion and a second. Any discussion on the item? Hearing none, all in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.11 09-00405 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: Anthony Cutler Vice Chair Michelle Spence -Jones Aurelus Dorvil Commissioner Tomas Regalado Viona Brown Commission -at -Large 09-00405 memo 5-14-09.pdf 09-00405 members 5-14-09.pdf 09-00405 Letter 5-14-09.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0234 A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Commissioner Gonzalez absent, to appoint Anthony Cutler, Aurelus Dorvil, and Viona Brown 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 Anthony Cutler as a member of the Equal Opportunity Advisory Board. City ofMiami Page 86 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: We move on to BC.11. BC.11 is the Equal Opportunity Advisory Board. I have two appointments at this time. I will defer both. Vice Chair Spence -Jones, you're recognized for any nominations. Vice Chair Spence -Jones: Well, I wanted to reappoint Charles Flowers, butt understand it's -- I need five votes for that, so we have to defer that to the next meeting. But I'd like to reappoint Anthony Cutler. I understand he had some absences, butt guess, with a waiver, I can -- Pamela E. Burns (Assistant City Clerk): That's correct. With a four fifths waiver, he can be reappointed. Vice Chair Spence -Jones: All right, so I'd like to reappoint Anthony Cutler. Chair Sanchez: All right. Commissioner Sarnoff I'd like to proffer an at -large candidate of Kim Heintz (phonetic). Ms. Burns: Excuse me. The at -- Chair Sanchez: Yes. Ms. Burns: -- the Commission -at -Large was an appointee by the FOP (Fraternal Order of Police) -- Commissioner Sarnoff Oh. Ms. Burns: -- and they've nominated Viona Brown. Chair Sanchez: Right. So that -- he can't appoint somebody. It's been already appointed by the FOP. Commissioner Sarnoff Okay. Chair Sanchez: All right. So there was one name proffered. Ms. Burns: And then Commissioner Regalado has an appointment. Commissioner Regalado: Equal Opportunity Advisory Board, right? Ms. Burns: That's correct. Commissioner Regalado: Aurelus Dorvil. Chair Sanchez: All right. The names that have been proffered, there's a motion and a second. Ms. Burns: No. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Ms. Burns: I'm sorry. I don't -- I didn't get the motion again. Chair Sanchez: Motion -- well, it -- City ofMiami Page 87 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Regalado: I made a motion -- Ms. Burns: Thank you. Chair Sanchez: All right. It -- Commissioner Regalado: -- for Aurelus Dorvil. Chair Sanchez: -- and Commissioner Sarnoff second it, for the record, okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.12 09-00410 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Humberto Rodriguez Chair Joe Sanchez Sandor Lenner Commissioner Marc David Sarnoff Diana Gomez City Manager Pedro G. Hernandez 09-00410 memo 5-14-09.pdf 09-00410 members 5-14-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0235 Chair Sanchez: BC.12. BC.12 is the Finance Committee. Finance Committee on BC.12, I have an appointment, and I am going to defer my appointment. No, no, no. That's BC.12. I would like to reappoint Humberto Rodriguez, who is an incumbent, on BC.12. Commissioner Sarnoff, you have an appointment. Commissioner Regalado, you have an appointment, and the City Manager has an appointment. Commissioner Sarnoff I'd like to appoint Sandor Lemon -- Lenner, L E N N E R. Pamela E. Burns (Assistant City Clerk): Sandra [sic] L-E-M-M[sic] -- Commissioner Sarnoff L-E-Nancy-Nancy-E-R. Ms. Burns: -- E-R. City ofMiami Page 88 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Okay, the names that have been proffered -- any other name? Commissioner Regalado: Eli Feinberg. Chair Sanchez: Okay. Any other names, or any of the names need a waiver, four fifth? Ms. Burns: For Mr. Feinberg, I'm showing that he requires a five fifth term waiver. Chair Sanchez: He does need a five -- fifth fifth [sic]? Commissioner Regalado: Five fifth. Ms. Burns: That's correct. Chair Sanchez: All right, so why don't we just pull his name and we'll reappoint him when we have a full Commission. And Commissioner -- well, for the record, just -- Eli has been pulled because he needs a five fifth vote. So at this time, Mr. City Man -- Commissioner Regalado: But he would remain. He would remain. Ms. Burns: They continue to serve unless they're reappointed or replaced. Commissioner Regalado: Right. Chair Sanchez: Yeah, but there's no reappointment at this time. You will do it when you have a full Commission. Ms. Burns: That's correct. Chair Sanchez: All right. Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, I would like to reappoint Diana Gomez. Chair Sanchez: All right. Those are the names that have been proffered. There is -- need a motion and a second. Commissioner Sarnoff So move. Chair Sanchez: Motion has been made by Commissioner Sarnoff second by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Regalado. Any further discussion on BC.12? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.13 09-00411 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 89 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Najib Tayara Vice Chair Michelle Spence -Jones Marianne Salazar Commissioner Tomas Regalado Julian Linares Commission -at -Large Carmenza Jaramillo Mayor Manuel A. Diaz (for a term ending 5/13/10) 09-00411 memo 5-14-09.pdf 09-00411 members 5-14-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0236 Chair Sanchez: We go to BC.13. That's the Mayor's International Council. Vice Chair Spence -Jones: I'd like to appoint Najib Tayara. Chair Sanchez: Okay. Pamela E. Burns (Assistant City Clerk): Could you repeat that again, Commissioner? Vice Chair Spence -Jones: Najib Tayara. Am I saying --? Chair Sanchez: He -- that's a reappointment. He's on that board. All right. Ms. Burns: I understand. Thank you. Chair Sanchez: And that is -- the name being proffered is by the Vice Chair. Commissioner Regalado, you have an appointment. Commissioner Regalado: Marianne Salazar. Chair Sanchez: Okay. And they are at -large, and does the Mayor have a name that he's proffering? Ms. Burns: We have one Commission -at -Large remaining, and then the Mayor has proffered Carmenza Jaramillo. Chair Sanchez: Do any of those names require a waiver? Ms. Burns: Ms. Jaramillo does not. The Commission -at -Large, the current appointee is Alexander Reus, but I'm not hearing a nomination from the floor at this time. R-E-U-S. Chair Sanchez: Okay. Commissioner Regalado: I would appoint then Julian Linares, Commission -at -Large. Ms. Burns: And can you, again, repeat that last name, though? City ofMiami Page 90 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Regalado: Linares, L-I NA RE S. Ms. Burns: Thank you. Chair Sanchez: Okay. So we need a motion and a second, the names that -- Commissioner Sarnoff So move. Chair Sanchez: -- have been proffered. It's been moved by Commissioner Sarnoff second by Commissioner Regalado. No discussion on the item. We're on BC.10 [sic], which is the Mayor's International Council. All in favor, say -- Vice Chair Spence -Jones: BC.13. Chair Sanchez: I'm sorry? Vice Chair Spence -Jones: BC.13. You said -- Chair Sanchez: BC.13, the Mayor's International Council. Vice Chair Spence -Jones: -- 10, but it's okay. Chair Sanchez: BC.13. All right, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. BC.14 09-00412 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: Leroy Jones Vice Chair Michelle Spence -Jones Harry Gottlieb Commissioner Marc David Sarnoff (for an unexpired term ending 5/7/11) 09-00412 memo 5-14-09.pdf 09-00412 members 5-14-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0237 Chair Sanchez: BC.14, Code Enforcement Board. City ofMiami Page 91 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Vice Chair Spence -Jones: I'd like to appoint Leroy Jones, reappoint. Chair Sanchez: All right. Commissioner Sarnoff I'd like to -- Chair Sanchez: Commissioner Sarnoff. Commissioner Sarnoff Harry Gottlieb, who serves as a alternate. Chair Sanchez: Okay, both names have been proffered. Do any of the names need a waiver? Pamela E. Burns (Assistant City Clerk): Mr. Gottlieb is currently serving. Commissioner Sarnoff He's an alternate. Ms. Burns: So you're appointing him then as -- Commissioner Sarnoff Correct. Ms. Burns: -- a regular member of the board, correct? Commissioner Sarnoff A regular old Joe. Ms. Burns: Thank you. Chair Sanchez: Okay. All right, no further discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.15. Ms. Burns: Excuse me, Mr. Chair. Could you clarify the mover and the seconder again on that? Chair Sanchez: Pick your Commissioner who wants to -- Ms. Burns: Okay. Commissioner Regalado: I did the -- Vice Chair Spence -Jones: I'm deferring my appointment. Commissioner Regalado: Huh? Chair Sanchez: For the record, Commissioner Sarnoff made the motion and Commissioner Regalado second it. BC.15 09-00413 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 92 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 APPOINTEES: 09-00413 memo 6-11-09.pdf 09-00413 members 6-11-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez CONTINUED Chair Sanchez: All right, BC.15, Nuisance Abatement Board. Vice Chair Spence -Jones: I'm deferring mine, Mr. Chairman. Chair Sanchez: Okay. There is no other appointment because the other appointment available is Angel Gonzalez. So that should take care of all the appointments to the boards. City ofMiami Page 93 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00312 DISCUSSION ITEM DISCUSSION REGARDING NOTICE. COMMISSIONER MARC D. SARNOFF IS PARTICULARLY INTERESTED IN A DISCUSSION OF NOTICE FOR CLASS I PERMITS AND NOTICE FOR CLASS II PERMITS. WHAT DETAIL IS REQUIRED? ACCEPTED? IS THERE ACCOUNTABILITY? IS THERE AN ABILITY FOR RESIDENTS AND STAKEHOLDERS TO APPEAL? 09-00312 Email .pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to retrain his staff on the importance of providing notice to residents regarding the age of structures slated for demolition; further, either through descriptive language or a schematic, residents clearly be advised the location of the structure being permitted and specifically what is being violated so that they can make an informed decision as to whether to enforce their appellate rights; and further requesting that applicants sign their entire name as opposed to only their initials. Chair Sanchez: At this time, we'll move to the Commission items, and we'll take up C2.1 [sic], which is Commissioner Sarnoffs discussion item on the notice of Class I Permits and notice for Class II Permits. Commissioner Sarnoff Thank you. Chair Sanchez: Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Mr. Manager, we've been ongoing back and forth, you and I, about proper permitting, proper notice of Class I and Class II Permits. I know you've undergone some changes with regard to your application process; yet, we continue to receive notices that it's just City ofMiami Page 94 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 impossible to determine what it is the person is asking to do. And I have a series of particular Class II Special Permit letters here that just don't really describe what is happening on a particular facility. And probably the most blaring one, unfortunately, was St. Stephens. And nowhere in the special permit does it really reference the destruction of a building. And more importantly, nowhere on your permit does it even reference that this was a 1912 building. So I'm going to strongly urge you to reexamine, reconsider, refrain your folks to do the following. Number 1, on any kind of permit that does with -- deals with any kind of construction or destruction, you should, at a minimum, put on the age of the building that is going to be desfroyed so that somebody would learn, for instance, with regard to St. Stephens, that there was a 1912 structure that was going to be reduced to rubble. I think the Dade Heritage Trust has requested that, and I think they're absolutely right. Secondly, and I -- again, I know we've talked privately time and time about this -- I still think in order for a private citizen to understand whether they wish to enforce their appellate rights, that they clearly be told that they have these rights within a certain number of days. And more importantly, they, either through descriptive language or through a plan or a schematic, understand where it is the structure's being permitted and understand that either a setback is being violated or something along those lines so that they can be informed and they can finally decide whether they choose to enforce their appellate rights. I think you've made some progress, but I'm telling you I have about 20 of them here, and I could tell you thatl couldn't tell you exactly what's happening. And they're all your brand-new forms. And instead of taking up Commission time, I'm going to hand them to you. I think you've -- like I said, I think you've made progress. I think you need to make some more progress. And I think what happened with St. Stephens should indicate to all of us that when we're going to destroy a structure or we're going to tear it down, I think, at a bare minimum, everybody should know the age of that structure so at least there's notice that something in 1912 is about to be desfroyed. Chair Sanchez: All right. Pedro G. Hernandez (City Manager): Commissioner, I -- Commissioner Sarnoff I'm not blaming you for that. Mr. Hernandez: No, no. I concur for -- concur with your statement reference the age of the building. It's something that we need to have there. I know that we have made some progress, and I know that staff has been trained, but we, apparently, have to maybe continue to tweak that to ensure that we don't miss that many. I thought that we were doing much better. Commissioner Sarnoff I think you should also do something. Stop using initials and start using people's full names so that you can track who it is -- Mr. Hernandez: Not a problem. Commissioner Sarnoff -- that's filling out that application. I think you need to just do a better systematic job of determining who's trainable and who's not. Mr. Hernandez: I'll pick 'em [sic] up. Commissioner Sarnoff Okay. D2.2 09-00471 DISCUSSION ITEM DISCUSSION ABOUT RECYCLEBANK. RECYCLEBANK MIGHT BE VERY HELPFUL FOR THE CITY OF MIAMI TO ENCOURAGE RESIDENTS AND PROPERTY OWNERS TO RECYCLE. ABOUT RECYCLEBANK City ofMiami Page 95 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 RECYCLEBANK IS A REWARDS PROGRAM THAT MOTIVATES PEOPLE TO RECYCLE. THEY DO THIS BY QUICKLY AND EASILY MEASURING THE AMOUNT OF MATERIAL EACH HOME RECYCLES AND THEN CONVERTING THAT ACTIVITY INTO RECYCLEBANK POINTS THAT CAN BE USED AT HUNDREDS OF LOCAL AND NATIONAL REWARDS PARTNERS. RECYCLEBANK IS SIMPLE TO IMPLEMENT, MARKET -DRIVEN, AND PROVEN TO WORK; SAVING MUNICIPALITIES' MONEY AND REWARDING CITIZENS FOR THEIR ENVIRONMENTAL STEWARDSHIP. RECYCLEBANK IS HEADQUARTERED IN NEWYORK CITY. RECYCLEBANK WAS RECENTLY HONORED AS A 2009 WORLD ECONOMIC FORUM TECHNOLOGY PIONEER AND HAS BEEN NAMED AS A 2009 CHAMPION OF THE EARTH BY THE UNITED NATIONS. RECYCLEBANK IS FEATURED AS A COMPANY THAT "MAKES RECYCLING EASY, UNDERSTANDABLE AND REWARDING" IN JOSH DORFMAN'S NEW BOOK THE LAZY ENVIRONMENTALIST ON A BUDGET. VISIT VWWV.RECYCLEBANK.COM FOR MORE INFORMATION. 09-00471 Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration to provide an analysis that describes every element of savings of the Recycle Bank. Direction by Chair Sanchez to the Administration to report back to the Commission with an analysis that demonstrates the costs versus the benefits of a Recycle Bank in the City ofMiami, and to also look at cities of comparable size that have instituted the Recycle Bank program. Chair Sanchez: All right, the D2.2 discussion item. You're recognized for the record, Commissioner. Commissioner Sarnoff Thank you, Mr. Chair. This is something called the RecycleBank. And for those of you that don't know about the RecycleBank, the RecycleBank is something that read about in Mayor Burns' City of North Miami Beach. And what it does is, you earn points for recycling. And what it allows you to do is actually go to a store and get your points back, so there's a real incentive for folks to recycle. Now what tried to do, Mr. Manager, is to contact Mayor Burns and find out how he was able to afford this, whether he used stimulus dollars or -- what it is about the DNA (Deoxyribonucleic Acid) structure of the City of North Miami that is different about the DNA structure of the City ofMiami. I've been told by our director of Solid Waste, Mr. Soldevilla, that the cost is probably 3 to $4 million to get a RecycleBank going. I just have my suspicions that North -- you know, North Miami could afford to do that. And I just ask you to investigate this. I know you and I have spoken in the past privately about how we think we need to be more like the County. I've since learned, and I hope you've learned, that the County's manner and means of doing its recycling, while better than the City ofMiami, is by no means the state-of-the-art, and that the state-of-the-art is to have garbage cans or recycle cans that are actually the same size as our garbage cans, and there are reasons for that because people become so good at recycling they actually need the space. And I just think it's time that we either investigate and decide are there any stimulus dollars out there. Is there anything we could do to become a better recyclable city? More importantly, how is the City of North Miami Beach able to create a program that actually pays its citizens back in terms of where they shop, whether it's Wal-Mart, whether it's going to the drug store, where they get recycle award points and it pays for itself. And I -- you know, I understand that this has been briefly looked at before and I understand that this requires more trucks and this requires, you know, different cans. But there are two communities that think are poorer than the City ofMiami that are doing this, and I think it's something we need to look into. City ofMiami Page 96 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Pedro G. Hernandez (City Manager): Commissioner, we'll explore with North Miami to see how they're doing it, and I'll have Mario and maybe Robert go there and check into it. I think the cost involved here will be going from the bins that we use today to the containers, and that's a cost that we have to deal with whether we do recycle bin or whether we -- you go to single stream at the coun -- at the city level, which, in essence, would be a significant savings. Because I agree with you that when you go to the 96 gallon one -stream recycling, the amount of recycling is going to probably double at the city level, which means that you'll have less going to the landfill, which, in essence, translates into savings. But that's where the major cost lies. And we have to further explore how we can get that done. Mario, anything you want to add? Mario Soldevilla: Commissioner -- Mario Soldevilla, director of Solid Waste. Commissioner, we did find out how much the North Miami paid for the cans. And they did buy 10,000 containers at a cost of about $485, 000. So it was approximately the figure that I said that -- you know, to purchase the containers is about $50 per container. And we have 69,000 households in the City, so that would be an initial investment of about $3.5 million for the City to do that. And as we explained, you also need to be in a single -stream recycling; whereas, right now we're in a dual -stream recycling mode. So for that, we would need to purchase the containers, go into a single stream, and you know, obviously, we need the trucks, which are similar to the ones that we utilize. They're automated side -loaders that we use now for garbage. Commissioner Sarnoff But what I'd like to see is an analysis that describes every element of saving. For instance, you no longer have dumping fees associated with the landfill that you have. There's a savings there. Mr. Soldevilla: Correct. Commissioner Sarnoff There's -- I'm curious how the RecycleBank itself how does it recompense the city that it's recycling. Mr. Soldevilla: Commissioner, we'll -- you know, we'll meet again with RecycleBank and be able to come back with you and give you all the information that you're requiring. Commissioner Sarnoff And based on one briefing I had with Ackerman, I understand about $6 billion is now being made available to cities for green programs, and I would think this would qualify in the green programming for recycling. Mr. Soldevilla: Okay. Robert Ruano: Commissioner -- Robert Ruano, director of Grants and Sustainable Initiatives -- some of the dollars that are available, yes, we can do it for frucks, and we are getting some monies from -- stimulus dollars for frucks. But the containers are still the one thing that we still have to track to kind of crack. As Mario said, there is about 3.5 million of cost. North Miami did it out of their general fund. They had determined a long time before that they were going to have this expense. So we have to figure out how we could get that expense. And I think we talked at one point that we looked at some sponsorships and maybe somebody -- some company that wanted to pay for those bins and put their logo on it and everything. Unfortunately, with the way the market was, that kind of evaporated. But we will continue to look at it, and we can sit down together and provide you some analysis. Commissioner Sarnoff Okay. Thank you. Chair Sanchez: May I add on that? Commissioner Sarnoff Yeah. City ofMiami Page 97 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Chair Sanchez: Could you provide us --? I think it's important to know what the cost is going to be compared to the benefits that the City -- Mr. Soldevilla: Right. Chair Sanchez: -- will have. I think it's important for us to look at that and -- when you do the analysis, as to what the cost and what the benefits are, and look at other cities in similar sizes because, you know, there's some small cities where this could be accomplished. And a big city like ours, I think we would need to look at it and see how we implement it and how -- the first thing is for you to come back -- I think it's a great idea -- with a report to see -- for us to determine what are the benefits and what are the costs as to the project in itself. But I believe it's a good concept to get people -- to entice people to participate in recycling because -- I don't know what the reports are today and you should know that. I mean, are people recycling more or less in our city? Mr. Soldevilla: Well, our -- I've found that this year, we've -- our -- we had a slight increase in recycling. We had, amazingly enough also, a downturn on the amount of garbage that we've been taking out and trash. But the recycling has gone up a little bit, not significantly, but a little bit. I know that, if we go to a single -stream recycling, we will definitely, definitely increase the amount of participation. For one is that, on a single stream, you're able -- you are able to recycle more types of materials than what we're currently recycling right now. Right now we're limited because of the size of our container and where we're taking it to -- like, for example, plastics only, one through three; whereas, if we go to a single stream, we can take plastics at one through seven. And so that automatically increases the amount that you can recycle. Chair Sanchez: When do you foresee having that report ready for us to look at? Mr. Soldevilla: We will -- I will try to meet with RecycleBank as soon as possible. And you know -- Mr. Hernandez: Mario, 30 days? Can we do it in 30 days? Mr. Soldevilla: Thirty days. Chair Sanchez: All right. Mr. Soldevilla: Thirty days. Chair Sanchez: Okay. Mr. Soldevilla: And we'll give you -- Chair Sanchez: Thanks. Mr. Soldevilla: -- the, you know, cost benefit analysis. Chair Sanchez: All right, thank you. D2.3 09-00472 DISCUSSION ITEM DISCUSSION ABOUT THE PROPOSED VILLA MAGNA PARK: DISCUSSION ABOUT THE STATUS OF THIS PROPOSED TEMPORARY PARK. THIS WATERFRONT SITE IS LOCATED AT 1201 BRICKELL BAY DRIVE. THIS SITE WAS PROPOSED BY COMMISSIONER SARNOFF TO City ofMiami Page 98 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 PARTICIPATE IN HIS "VACANT LOT INTO VISUAL PARK" PROGRAM. THE PROPERTY OWNERS, THE HOLLO FAMILY AND THEIR PARTNERS, HAVE GENEROUSLY CONSENTED TO ALLOW THEIR WATERFRONT VACANT LOT TO BE TEMPORARILY USED AS A "VISUAL PARK". STATUS? TIMEFRAME? RENOVATION DETAILS? OTHER POSSIBLE "VISUAL PARK" SITES? 09-00472 Email.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Attorney to report back to the City Commission in 30 days on the status of the proposed Villa Magna Park. Chair Sanchez: All right. D2.3, Villa Magna Park. Commissioner Sarnoff Madam City Attorney, can I justget the status on the -- the legal status on Villa Magna Park? Julie O. Bru (City Attorney): I know that our office has been working with counsel for the property owner, and I, just myself reviewed the latest draft of a proposed development agreement and provided some additional comments back to the property owner's counsel. I think that we've -- at least it is my understanding that we have achieved an understanding or an agreement as to the business issues. And what I'm recommending is -- 'cause I think the agreement is substantially already prepared, but what I'm recommending is that since there's two things happening here -- one is that the developer wants to allow the City to use the property as a passive park for a certain number of years. That can be done by a license that would just provide the terms and conditions for that, you know, exchange of rights and obligations. And then by a separate agreement, which is a statutory agreement, there could be a development agreement entered into, which is what the property owner wants out of it, which is to be able to be vested under the current land development regulations. And there is a process and there is a protocol for that. We need two public hearings. So I don't think that we have to do both of them in the same document, but rather, do the development agreement and provide a license as an attachment. But I think that we've worked it all out, and I think that there's no reason why we can't wrap this up by the next City Commission meeting. Commissioner Sarnoff 'Cause ifI remember, we announced Villa Magna Park December -- was it this year? Pedro G. Hernandez (City Manager): Larry says November. Commissioner Sarnoff November, November '08, and it's been in legal since November of '08. Mr. Hernandez: No. Ms. Bru: It has not been in legal only. Commissioner Sarnoff No? Ms. Bru: It has been in legal and in legal pertaining to the property owner. There wasn't a meeting of the minds. I think that what they wanted wasn't quite what we thought that we were going to get and they were going to get. I think there is a meeting of the minds now. It's just a City ofMiami Page 99 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 matter of putting it into the proper format based on the statute that allows for development agreements. And I have communicated myself personally with their counsel to that respect. Commissioner Sarnoff Okay, so you think you'll have this back in 30, 60, 90 days? Ms. Bru: I think now it's up to the developer to include in the development agreement those provisions that are provided for in the statute, certain things regarding public infrastructure -- there's just a list of things. We recently had a similar situation with the Miami WorldCenter, I think it's called, the item that was before you. That's a form development agreement. It follows the state statute. And what we had received from the property owner to date did not include those provisions, and those are things that have to come from them, not us. So as soon as they get that to us, I think we can wrap this up. Commissioner Sarnoff Okay. Can I have this brought back up in 30 days for discussion? Ms. Bru: Well, I will be glad to do, personally, anything that's necessary to expedite this, Commissioner. Commissioner Sarnoff Okay, thank you. I just was curious what happened to Villa Magna. Chair Sanchez: All right, 'cause on that concept, I think there -- certain Commissioners are also looking at other possible sites to basically do the same thing or look at it and see what we could accomplish as meaning the same idea of creating more parkland, working things out with the developers. So everybody's just waiting to see what the outcome is at and what avenue does it go in. All right, that takes care of Commissioner Sarnoffs. I have none. Commissioner Regalado has none. We go to District 5. Mr. Hernandez: Thank you. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-00490 DISCUSSION ITEM DISCUSSION REGARDING THE CONDITION OF THE LITTLE HAITI PARK. 09-00490 Email.pdf 09-00490-Submittal-District 5.pdf 09-00490-Su bmittal-Parks. pdf City ofMiami Page 100 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 DISCUSSED Direction by Vice Chair Spence -Jones to the City Manager to replace the outdated furniture in the brand-new building facility at Little Haiti Park. Chair Sanchez: Vice Chair Spence -Jones, you're recognized on the discussion item pertaining to the conditions of the Little Haiti Park. Vice Chair Spence -Jones: Yes, Mr. Chairman. Mr. Manager, Mr. Park Director, I just have a few questions before I make a statement really fast. Mr. Manager, how much did we spend actually on Little Haiti Park altogether? Pedro G. Hernandez (City Manager): On Little Haiti? Vice Chair Spence -Jones: Little Haiti Park and Cultural Complex combined. How much did we spend? Mr. Hernandez: I think it's in the range of 30 million. It's about 30 million. Vice Chair Spence -Jones: Thirty million plus. Mr. Hernandez: I'm just guessing at this point. Vice Chair Spence -Jones: Ola's right there. Ola, how much did we spend? Mr. Hernandez: Ola. Vice Chair Spence -Jones: Put it on the record. Ola Aluko: Yes, Commissioner. Ola Aluko, City ofMiami, director of Capital Improvements. Yes, roughly 33 million. Vice Chair Spence -Jones: Okay, $33 million we spent on both facilities. The biggest issue and concern that I had from day one regarding this overall park and the cultural complex was to make sure that the operational part of it and the management part of it was taken care of period. I did not want us to spend $33 million on both facilities only to have it go down the tubes. I have to say that I was thoroughly, thoroughly disappointed and disgusted last week during the opening of the Little Haiti Cultural -- excuse me, the Little Haiti Haitian Heritage events, to see the park in the condition that it's in. I purposely stayed away from all the planning, all the activities until it was time for the actual launch of it. And then to actually get out there on site, Mr. Manager, and see the park in the condition that it was -- and I want to send this -- these pictures down to all of the Commissioners so you -- I want you to see the grass -- the dead grass. The water park hadn't been working since last year when I did my grand opening of the water park because there was no permit. The flowers in certain beds were dead. The meters were broken in certain areas. Now I'm just going to say this. I mean, I fried to call everybody and their mama when I got to the park because I could not believe that we spent this kind of money and the park is not being taken care of. The only place the people in the heart of Little Haiti have to go is the park in their particular community. If we don't take care of it and keep it in the right condition, then they have nothing. Commissioner Teele fought very hard to make sure that that park got there. It's there now, and we have to take care of it. And I do understand, Mr. Manager, it is corrected now, but my concern is that it got to that point. Why did it get to that point in the first place? It's ridiculous. And, you know, I'm criticized, you know, for being very concerned about my community and very concerned about my parks in the area 'cause, quite frankly, we don't have the additional restaurants or we don't have additional facilities, like movies and all those other things that most communities have. We only have the parks. So if they're not taken care of or it is not providing the kind of support services or support activities City ofMiami Page 101 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 for anyone -- for the residents in the area, then where are they going to go and what are they going to do? And I'm telling you, I -- it took everything in me not to go off. I couldn't find Bill's phone number. You were out of the country; couldn't get Larry on the -- couldn't get nobody. And I'm just telling you, it is a shame that the people in the heart of Little Haiti had to witness their park looking this way after we spent $33 million not even a year ago, 'cause we did the grand opening during Haitian Heritage last year, for it to be in the shape that it's in. Now I'm just going to say this -- and again, me being criticized for having hands-on in my district, the reason why I have a hands-on approach is because of what I just showed you in these pictures. That's -- this was the grand opening for Haitian Heritage. People from the community came out from all over, and when they got there they saw the park looking that way. It's embarrassing. So I want to -- one, I want to know what is being put in place because one of the things thatl requested before the park even opened was for us to have some sort of plan put in place, some sort of assessment that we paid to have done to -- for -- not only for the park, but also for the cultural complex, especially for the cultural complex to see how we're going to operate it and how we're going to maintain it. We paid for it, and we're not even using our own plan. So I would like to hear on the record what is happening now to rectify the situation. And I guess this is my only venue to communicate my concerns or me being upset about something is here 'cause this is the only place -- I can't talk to my director about it. I can only talk to my manager about it, so I'm telling you I'm very unhappy. So I need to know what steps are being taken now -- what steps have been taken to address it. Mr. Hernandez: Commissioner, a landscape architect, who's very knowledgeable, has already taken a look at the park and -- to try to understand what caused the conditions in those small areas of grass that actually didn't perform. And their recommendations on them to change the type of grass in those areas and to even use a different type of mulch. So those -- I know there's more actions recommended there to be able to take care of those issues. And I know the Parks director will ensure that those recommendations are followed to make sure that we have the right material and the right maintenance. Vice Chair Spence -Jones: What has been done to rectify the issue right now? Mr. Hernandez: I think that the -- Vice Chair Spence -Jones: I mean, are the patches still there? Is the dead flowers still there? Mr. Hernandez: No, no, no, no. Vice Chair Spence -Jones: Is the water park -- the only little facility that the kids have in the neighborhood, is that working now? Do we finally have, you know -- do we have -- finally have the permit to say that it can work now? Do we now have the sign, the temporary sign that's been up there since last year? Do we have a new sign going in? I want to know what is being done right now to address my concern. Mr. Hernandez: Commissioner, all those concerns, I believe, were taken care of and Ernest will address the specifics. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. I have a series of photos that can give you that will show you the corrections that we've made. The water splash park was not turned on because staff misunderstood -- thought they had to have a health inspection before they turned it on. They didn't have to have a health inspection. It is now operating on a daily basis. We have two individuals that are stationed there at the site every day to maintain the lawn. As you know, we have not had a lot of rain and the park is not yet a year old, so some of the plantings -- it takes a little while for it to take hold. We do have two employees there stationed everyday, and we're going to have to increase our monitoring of this. We lost our assistant superintendent this January. We posted for the position. As soon as we have that back City ofMiami Page 102 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 in place, we will have the necessary supervision that we need. Vice Chair Spence -Jones: Okay. The other -- Thank you. The other comment that I had is at Grapeland, for instance -- I'm going to use Grapeland as an example because I had my son's birthday party at Grapeland. In the new Arthur Teele building that we will be renaming -- or naming soon, I noticed that in the walls -- and I even called the Manager from there -- I now it -- for instance, in the Grapeland facility, we're not able to tape anything on the walls at all in that building. When I came into the Little Haiti one in the heart of Little Haiti, that -- the new building that we just built, Ola, there's tape and stuff all over the walls. You know, I just don't -- even the equipment, meaning the tables and the chairs that we just built a whole new building in, we have all old stuff in the building. I'm just -- and Pete, I called you from there that same day saying why -- 'cause I had a meeting there -- am I sitting at these old tables in a brand-new building. Something is not right about that. Mr. Burkeen: Equipment -- Mr. Hernandez: Because they haven't received the new furniture. Vice Chair Spence -Jones: Okay. Well, then, even if we don't get the new furniture, we should get the furniture that at least looks the best. Let's not have a brand-new building -- spanking new brand building and then have old furniture with stuff all written all over it. The people in Little Haiti deserve to have better. And you can huff and puff all you -- day long you want, but I'm just telling you it ain't right. So I expect for it to be corrected. The people in the area deserve to have that. If you can't have brand-new tables in there, then get close to brand-new tables in there. But don't give them a brand-new building and give them raggedy stuff. Chair Sanchez: All right. A directive to the Manager to the Parks Department by the Vice Chair. Okay, pocket items. Let's go ahead and -- Vice Chair Spence -Jones: No. It's not a pocket item. My item -- I have another item, sir. I have two items. Chair Sanchez: I do apologize. Vice Chair Spence -Jones: Okay. D5.2 09-00491 DISCUSSION ITEM DISCUSSION REGARDING THE FORMATION OF A VETERANS TASK FORCE. 09-00491 Email.pdf DISCUSSED Direction by Vice Chair Spence -Jones to the City Manager to work with District 5 to create a Veterans Task Force to address and find solutions to issues related to veterans both presently residing in the City and those returning from active duty in Iraq and Afghanistan. Chair Sanchez: You're recognized, for the record, on your next item. Vice Chair Spence -Jones: Mr. Manager -- after I calm down 'cause I'm so heated -- the next item I have is in reference to the veterans task force. As you know, that's been a big issue for me regarding veterans and what's happening with them in the City ofMiami. And recently, I've been holding small, private meetings to address the veterans that are returning back home from Iraq and Afghanistan. And all of the concerns that I've had regarding their housing, their jobs, just their family -related issues has caused me great concern. Especially with the rising rate of homelessness that's happening, many of our veterans are living under bridges. Hector and I City ofMiami Page 103 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 have had some conversations off and on regarding this issue because he is also in the armed services, and this is something that I really would like to have addressed immediately. I'm asking that the City Manager, you, Mr. City Manager -- and I'd like to have Hector work along with us -- to address this issue of creating some sort of veterans task force to come up with possible solutions to address the things that are affecting them the most. I think it's shameful that anybody that goes out and fights for this country to come back home and not have a job, not have a way to eat or take care of their family, it's shameful. And even to be living under a bridge is shameful. So we just saw, maybe like a week or so ago, what has happened with the soldier that unfortunately took the lives of other soldiers after going through so many issues in being on his fourth tour and how that has affected, you know, really the world at this point. So what I would like to have happen or put in place is that this particular task force will focus its energies not only on veterans that are here, but veterans that are actually returning back home so that they can give us recommendations on what we can do to make their transition back a better one. So I'd like to see if Hector could work along with us on that. "[Later...]" Chair Sanchez: Let's go ahead and go into pocket items. Commissioner Sarnoff Mr. Chairman, I have a pocket item. Chair Sanchez: Commissioner Sarnoff, you're recognized, for the record, with your pocket item. Commissioner Sarnoff You know, Mr. Manager, just for the record -- and I apologize. This isn't a pocket item, but when Commissioner Spence -Jones mentioned to you that Little Haiti Park didn't have any furniture, Paul Walker Park, which you missed the grand opening, equally doesn't have any furniture. And I was thinking maybe we could take your desk out there, put it out there, and you'd have a great outdoor facility -- Pedro G. Hernandez (City Manager): You know I've been there before. Commissioner Sarnoff Okay. And -- Mr. Hernandez: I mean, to Paul Walker. Commissioner Sarnoff -- I want you to know I gave your story out there as well. And equally, I hope -- I'm hoping that we can maybe purchase that furniture collectively together and get it done because I agree with Commissioner. Without furniture, people aren't going to use these parks, and they're going to think we just wasted taxpayers' dollars. END OF DISTRICT 5 NA.1 09-00551 DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE HIRING OF 25 POLICE OFFICERS. DISCUSSED Commissioner Sarnoff And I guess we sit here either feeling good or bad about ourselves, just depending upon the economy. We've created 25 police officer positions. I guess we have an expectation at some point in the fiscal year they're filled. Have we filled them? Mr. Boudreaux: No, sir. At this point, they have not been filled. The part of the process -- and correct me if I'm wrong, Mr. Manager -- was that when the freeze was applied to the City, it included those 25 police officer positions that were approved and that they would probably be City ofMiami Page 104 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 later filled as part of the 2010 process, if we can look at the overall budget. But it's still -- the 269 for the police vehicles are still going to be sitting in the CIP (Capital Improvements Program) project. May not be spent -- should not be spent for the vehicles because, of course, we haven't hired the police officers to fill the vehicles. It's just that the allocation is getting -- moving from the general fund to the capital fund so that when we do fill the positions, they have that allocation available for the cars. Commissioner Sarnoff Well, then this brings into play something I was always curious of if we'd ever talk about, which is the hiring freeze itself. While possibly a good idea, what we're seeing is as a result of having either inadequate Police or inadequate Fire, we're seeing overtime. And the high -- the Fair Labor's Standard Act is an act promulgated by the federal government over 45 years ago to penalize employers for improper planning and having an inadequate workforce with the laudable goal of employing as many Americans as possible. It is not intended to compensate that employee who works 10, 15, 20 hours additional in his biweekly workweek over the 40-hour time period. It is intended to penalize the employer. In return, Mr. Manager, you're penalizing the taxpayers for the City ofMiami. Now, I don't think any Commissioner here, when they voted for the budget, anticipated that a hiring freeze would prevent the hiring of the police officers that I think we struggled long and hard to hire in the last fiscal year budget. So while I understand your blunt force -trauma approach to fiscal responsibility, I believe, if you squeeze on the balloon hard enough, it's going to pop, and that popping is going to be overtime. If you have a need to have police officers, ifyou have a need to have firemen working overtime, then you have an inadequate fire or police department. Mr. Hernandez: Commissioner, in the freeze -- and I'm glad you brought that up because I wanted to make this statement -- there is always the discretion, you know, for the Manager to be able to make the exceptions to hire positions that are critical, like public safety or anything else that we need to properly function or positions that, in essence, will help us at the end save because you reduce overtime. So, in concept, yes, you're freezing it. However, I do have the discretion to be able to continue to hire and continue the recruitment of the 25 police officers because that's related to public safety, so -- Commissioner Sarnoff So my question then to you is will you exercise that discretion? Mr. Hernandez: Yes, sir, related to public safety and anything else that is critical to the operation of the City and results in additional savings, like related to overtime. Yes. Commissioner Sarnoff So then let me ask a direct question: There would be no hold up to the hiring of the 25 police officers? Mr. Hernandez: My understanding is that the recruiting process for that is underway. Commissioner Sarnoff No. My question would be -- answer would be yes, the recruiting process is underway. Mr. Hernandez: Yes, the recruiting process is underway. Commissioner Sarnoff Okay. NA.2 09-00548 DISCUSSION ITEM DISCUSSION REGARDING THE SCHEDULING OF A CANDELIGHT MEMORIAL SERVICE ON MEMORIAL DAY (MAY 25, 2009) TO PAY TRIBUTE TO THE FALLEN VETERANS OF MIAMI AND MIAMI-DADE COUNTY IN THE YEAR 2008 AND TO PROVIDE SUPPORT TO THEIR RESPECTIVE FAMILIES. City ofMiami Page 105 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 NA.3 09-00549 NA.4 09-00544 District 2- Commissioner Marc David Sarnoff DISCUSSED Direction by Vice Chair Spence -Jones to the City Manager to invite the Goodwill Ambassadors to work alongside the City to ensure that every fallen veteran is acknowledged. Vice Chair Spence -Jones: This Memorial Day, however -- and I'd like to see if it's possible, Mr. Manager. On the river in the heart of downtown, in our Lummus Park area, we would like to do a memorial service for the veterans that have lost their lives in Miami and in Dade County this past year. It'll be a candlelight service that we want to do on the river, and I'd like to see if we could have the Goodwill Ambassadors work along with us to make sure that we acknowledge those veterans that have lost their lives and to also provide some sort of support for the family members that are here. So I would like to see if we could do that with Ada as well. Pedro G. Hernandez (City Manager): Ada has spoken to me already, and I told her to proceed and get involved and make sure that she takes all the steps to make it happen. Vice Chair Spence -Jones: All right. Thank you very much. Chair Sanchez: All right. That concludes District 5 items. DISCUSSION ITEM DISCUSSION REGARDING SEXUAL OFFENDERS CONTINUING TO RESIDE UNDER A BRIDGE IN DISTRICT 2. DISCUSSED Commissioner Sarnoff On the second disuse that she brought up, interestingly enough, when she talked about people living under bridges, I continue to have 67 people living under a bridge that are sexual offenders. And I think it's time that you and I meet and start discussing how we're going to bring this legislature -- or how to get our governor not to sanction and specifically provide for a place for sexual offenders to be placed under the bridge. And I think you know the bridge that I'm speaking of. Pedro G. Hernandez (City Manager): Yes. Yes, I am. Commissioner Sarnoff And SenatorAronberg's bill did not pass, so we're going to be stuck with this situation for another year. That means 67 people, of which I think we now have 3 women, are living under the bridge just on the Upper Eastside. And I know we all hope that the legislator [sic] will take action, Tallahassee, and they have not. So I -- when I heard the word "bridge, " I just thought I'd say something. Mr. Hernandez: You know, unfortunately, Commissioner, the answer, as you said, is in the legislative branch, and they could've helped us by making that change. Commissioner Sarnoff And I know we lobbied. I know we tried, but we have now another year of registered sexual offenders living under a bridge in the Upper Eastside, and I think we should brainstorm and come up with some solutions. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR CHARLIE CRIST TO VETO THE COMMUNITY RENEWAL ACT (SB 360); EXPRESSING STRONG CONCERNS BECAUSE IT WOULD ADVERSELY AFFECT GROWTH MANAGEMENT REGULATION BY MUNICIPALITIES AND WOULD NO LONGER REQUIRE DEVELOPERS TO ADD ROAD CAPACITY IN NEARLY HALF OF THE STATE'S MUNICIPALITIES, AND IN City ofMiami Page 106 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 SEVERAL ENTIRE COUNTIES, AND WOULD PROPOSE A STATE FEE, YET TO BE CALCULATED, WHICH FEE MAY NOT BE PROVIDED TO THE LOCAL MUNICIPALITIES FOR IMPLEMENTATION; DIRECTING THE CITY CLERK TO DISTRIBUTE A COPY OF THIS RESOLUTION TO GOVERNOR CHARLIE CRIST, THE EXECUTIVE DIRECTOR OF THE FLORIDA MUNICIPAL LEAGUE OF CITIES, AND TO THE EXECUTIVE DIRECTOR OF THE MIAMI-DADE COUNTY LEAGUE OF CITIES. 09-00544-Submittal-Village of Palmetto Bay Resolution No. 09-51.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0238 Commissioner Sarnoff But my pocket item is -- this is an issue that was passed by the Florida Legislature. It's called Senate Bill 360, and it's called the Community Renewal Act, and what this does is it allows -- Florida will no longer require developers to add road capacity in nearly half of the city -- of the state's municipalities and several other counties. The bills could sfrip away regional and state planning reviews of development of regional impacts where local governments can now disregard transportation impacts and would effect eliminate DRIs (Development of Regional Impacts). I can tell you that a number of municipalities, and more specifically, for instance, some -- showing the other Commissioners and you, Mr. Manager, I believe it's the Village of -- boy, talk about a place that doesn't really show its city very well -- you know, I knew I knew the name of the city that pass -- oh, Palmetto Bay, Village of Palmetto Bay. I'm looking at their resolution, which is asking the Governor Crist to veto Senate Bill 360 and House Bill 0073, which, again, takes away the requirement of developers to add road capacity in nearly half the muni -- state's municipalities and not to allow the legislature to pass any further legislation which would take away impact fees, which really are how cities and rural areas build their respective communities. Without them, you would just have development, and you wouldn't have a way to get in, get out and -- while they may think this may spurn development, it can also be a way of opening up Pandora's Box and leaving it wide open. So I'm asking my fellow Commissioners to pass this resolution, which is passing in many, many municipalities across the state of Florida, urging the Governor not to pass -- not to allow this bill to be enacted and to veto this legislation. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Chair Sanchez: -- presenting a pocket item resolution, second by Commissioner Regalado. Discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. No fiscal impact to the City ofMiami. NA.5 09-00541 RESOLUTION District 3- Chair Joe Sanchez A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,000, TO LA LIGA CONTRA EL CANCER; ALLOCATING FUNDS FROM THE DISTRICT 3 ROLLOVER ACCOUNT NO. 15500.111000.882000.0000.00000. City ofMiami Page 107 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 09-00541-Submittal-Memo-Commissioner Sanchez.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0239 Chair Sanchez: Pocket items. I'm going to take my pocket item up. I have a pocket item that I am presenting. It is a pocket item, a resolution benefiting the Liga Against Cancer, League Against Cancer. It is a resolution of the City ofMiami Commission authorizing the allocation of funds, in the amount not to exceed $2, 000, to the League Against Cancer, located at 2080 Southwest 12th Avenue, Miami, Florida; allocating said funds from the District 3 account. I would make a motion and pass the gavel to the Vice Chair. Commissioner Regalado: Second. Vice Chair Spence -Jones: I had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. NA.6 09-00550 DISCUSSION ITEM DISCUSSION REGARDING VENDORS AT THE FLAGLER DOG TRACK AND THE RELOCATION OF THE FLAGLER FLEA MARKET. Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones A motion was made by Commissioner Regalado, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones and Commissioner Gonzalez absent, requesting the owners of the Flagler Dog Track to provide a 10-day extension on the removal of Flagler Flea Market vendors at its site, and for the Adminisfration to work to accomodate the transfer of the Flagler Flea Market to a new location on LeJeune Road, subject to the approval of the District 1 Commissioner. Chair Sanchez: All right. Any other pocket items? Commissioner Regalado, you're recognized for pocket items. Commissioner Regalado: Thank you. I do have three, but the first one, I think it's important, relevant, and you will, I'm sure, be very interested because it's only -- it's been only less than four hours that we stood here and celebrated Employ Miami, a program and a project that the Vice Chair, the Chair, and the Mayor and all of the Commission join in, and the City had money so we can be a city where jobs are not lost, or at least jobs are created. And this we celebrated, and the media was here, and it will be the news tonight and the headline tomorrow. So I'm going to talk to you about jobs. And ask for the help not only of the Commission, but of the Adminisfration. As you know, more than two years ago, there was a referendum whereby the pari-mutuels will be allowed to become casinos. This referendum had the support of the community, had the endorsement of this Commission as a whole because two of the pari-mutuel were in the City ofMiami, Miami Jai Alai and Flagler Dog Track. And on that site, Flagler Dog Track, for many, many years, there have been a flea market, called Flagler Flea Market. Those vendors were promised that if they supported the referendum, they will continue to be there, and City ofMiami Page 108 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 they did. Actually, they actively were engaged in the campaign to pass the referendum, and the referendum did pass. And it came to the City Commission, and we were told by Ron Book, by Manny Prieguez, by Representative David Rivera, that there were plans to build a hotel, and even the people in the dog track, but in the four-year time span, and during that time, the flea market will stay because the hotel, four years from now, will be built there. But recently, the vendors were notified that they have to leave the dog track on May 30 because they have to dig a trench so they can connect, because of WASA (Water and Sewer Authority) and DERM (Department of Environmental Resources Management), to Northwest 7th Street, a main -- a water main. So we have a situation whereby 2,000 people are going to lose their jobs. And the vendors have an inventory that they have invested, and they need to finish with them. And recently, there was an offer of a site south of Homestead, but it didn't work for the vendors. So thanks God that there might be a solution, but for that, we need the support of the City Administration. And we also need the support of the Flagler Dog Track owners, who say that they're willing to help in any way if they could. So here's the thing. Number one, the vendors have to leave on the 30th ofMay, but there is a tremendous possibility that they can be relocated about six to eight blocks away in one of the largest sites in LeJeune Road. And because of that, they may be able to continue serving the community and doing what they did. The site is a right size for the things that they were doing. Actually, my understanding is that tomorrow morning there will be a meeting to sign all the papers so a new site can be selected. Ifyou allow, Mr. Chairman, since there are people here, I think I would ask the gentlemen that are working on the possibility of that site, if possible, to come up and explain what you're doing and what you want to do. And I may say that yesterday I had a meeting, a conversation, with the owner of the site who only wanted the guarantee that the City will help in terms of expediting what they need to do there. So this could be a win -win situation. So -- I think it's important that you state -- because when I met you both, I thought that you were just falling from heaven because, you know, there was no option for the vendors, but apparently, there is. And could you explain which option it is? Jack Levy: We have been -- Chair Sanchez: Good afternoon. You need to state your name and address for the record. Mr. Levy: I'm sorry. Chair Sanchez: Okay. Mr. Levy: Jack Levy. Chair Sanchez: And Jack, you're -- how many speakers? We usually don't open up for pocket items (UNINTELLIGIBLE) speak. Mr. Levy: Well, I'll just do the speaking. Chair Sanchez: This will be a point of privilege through the Chair. You're going to speak and -- both ofyou or --? Mr. Levy: Well, no. I'll do the speaking. Chair Sanchez: Okay, all right. Mr. Levy: Again, I'm Jack Levy, and this is my partner, David Flusk (phonetic). We live in Broward County. We fell by chance on that property on LeJeune Road in search of opening up a marketplace. And by chance -- Chair Sanchez: That property on LeJeune Road, it's with a dealership? City ofMiami Page 109 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Levy: Right, where Mazda was. Chair Sanchez: The Mazda dealership? Mr. Levy: Right. It's close to five acres, and it kind of -- all kind of fell into place where, unfortunately, the other market was closing down. We have been in long talks with the Pinos. And as the Commissioner has mentioned, we are close to signing it all off. What we'd like to do is, aside from the fact of it being a market, farmer's market and flea market during the day, also in the evening it'll be a restaurant and some entertainment. But more importantly, we want to solve this problem for these vendors. We're not worrying about the evening fair yet, okay. We just hoping that you will help us and expedite some of these permits so that we can move them over in an easy transition. Commissioner Regalado: And could you -- Mr. Toledo, could you come to the podium because the only thing that they need is a special exception. This is a C-1 -- C-2, no? Mr. Levy: C-2. Orlando Toledo (Senior Director, Building, Planning & Zoning): This is a C-2. Commissioner Regalado: C-2. And for them to have a flea market, they need a special exception. Mr. Toledo: Yes. They will come once to City Commission for one reading, and if it gets approved, it goes to Zoning Board, then it goes to City Commission. If it gets approved, then it's approved. Commissioner Regalado: Okay. There -- as you know, time is on the -- of the essence. And Mr. Manager -- and this is the real thing here. We need to do two things. Number one, they going to sign tomorrow morning at 10. If they do, the vendors have a new home. The only problem is that they have to come through the process. So is there any way that we can sort of expedite -- not fly, but expedite having this item in the next Zoning -- Planning and Zoning agenda, not -- probably -- maybe late May or June. Because this is about job retention. It's about that and only about that. Pedro G. Hernandez (City Manager): Commissioner, it's obvious that we'll definitely do all we can on our side to expedite it so there is no period where they'll be away from their activities. My understanding is that this will require a special exception. That normally goes through PAB (Planning Advisory Board) and then City Commission. I was asking Orlando that -- if that takes longer than -- or it goes beyond the May 30 date, if we can allow an operation on a temporary basis under some sort of a Class I. And if we can do that, then they can operate while we approve the special exception. And I think that Orlando can then confirm or modify that. Mr. Toledo: Yes. Commissioner, what we could do is we could issue Class Is -- two Class Is, which means that they could be open for a month, and that will speed it up. You could also have the ability in that process to ask for another month. The Commission could allow them to stay longer through the process of a Class I, and that way it gives us the time that we could get all of these things approved. Commissioner Regalado: Well, I think that that's very good news, and you can take that to the owner. And the other thing that we need to do is probably appeal to the Hecht family, and I have done that. Although they're not here, they're coming back from a trip abroad late May. But maybe if they can accommodate one or two more weeks so only you will have the time to clear the lot because I need you -- that -- I know that you need to do some clearing and cleaning there. City ofMiami Page 110 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 So they -- the folks at the dog frack were waiting for this meeting to see if they would be able at least to extend one or two weeks the deadline because they say that they have to start digging. And as you know, we asked for the site in the back, but they say that it would be impossible because of the liability, the construction going on, and it would be a huge trench in the dog track. So I -- I'm really happy, Mr. Manager, that we can do this because this is about job retention. You know, there are some -- it's interesting because there are dozens and dozens and dozens of City ofMiami residents that make their living there. So what I would ask is to request the support of the City Commission now that we know that the Administration is going to accommodate -- expedite a permit, even a temporary permit, while we go through the process, that we make an appeal to the owners of the dog track in order for them to consider the possibility of extending a few days -- that's all that you guys need -- this deadline. So this is in the way of a resolution that I'm moving for the support of the Commission. And so move. Chair Sanchez: Mr. City Manager -- Mr. Hernandez: Commissioner, I wanted to then clarify that, administratively, we can do a Class I that will, in essence, handle the first month. Then the City Commission can authorize us to provide a second month. Commissioner Regalado: Exactly. No. I -- Mr. Hernandez: So -- Commissioner Regalado: -- understood, and I think that they did -- and they understand. And I think -- Listen, the -- when I spoke to the owner, Mr. Sergio Pino, the only concern that he had -- I mean, I don't know about the business terms and all that, but the only concern that he had was the permitting. And he said, ifyou can get the City Administration to help us expedite the permitting, on Friday -- and I guess he's meeting with you tomorrow. Mr. Levy: We're waiting for the clarification -- Commissioner Regalado: Right. Commissioner Regalado: -- and the confirmation. Commissioner Regalado: Right. And so, I think it's -- I think that we are doing the right thing because there is -- I mean, moving only a few blocks the flea market is not that of a shock, and it still be in the City ofMiami, and it still be working and many people will be able to work. So that's -- Yes, Mr. Manager. Mr. Hernandez: That will give us the two months. Their expiration or last day would be May 30, so two months will get us until the end of July, which is the time that will be needed in order to get the special exception done. So I encourage them to complete the application and file it as soon as possible so we can get it done within -- Commissioner Regalado: Right. Mr. Hernandez: -- by July. Commissioner Regalado: But this is a new site. The expiration date on May 30 is on the -- Mr. Hernandez: Right. Commissioner Regalado: -- Flagler Dog Track. And what -- if they do close the deal tomorrow, which Mr. Pino said that they only wanted -- knock on wood -- the assurances of the City 'cause City ofMiami Page 111 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 that's his whole concern, that (UNINTELLIGIBLE) take month and month and then you -- he'll get stuck with you and -- Mr. Levy: Right. Commissioner Regalado: -- you get stuck with him. And -- but now with the Administration -- when you close the deal, you fill the application, and you know, meanwhile, we ask the Flagler Dog Track people, give us another week, give us another ten days. I mean, it's not that -- they're notgoing to die. Mr. Levy: Right. Commissioner Regalado: They're notgoing to die for two weeks. So I -- so in the way of the motion so they know, the family know, I would respectfully ask the owners of the Flagler Dog Track to extend the deadline in order for the new operators to clear the place and have them move, with the cooperation of the City ofMiami, through the special permit. That will be my motion. Chair Sanchez: All right. Let me see ifI get that. Are you -- do you understand? Commissioner Sarnoff I -- you know, I'm frying to because I know where the Flagler dog park is, and it's not my neighborhood, but -- and I want to understand 'cause I heard something about a Mazda dealership, and I'm thinking the three Mazda dealerships that know of, one was Ocean Mazda, one was -- Mr. Levy: Exactly. Commissioner Regalado: That's Ocean -- Commissioner Sarnoff Ocean Mazda. Commissioner Regalado: -- Mazda. Chair Sanchez: Ocean Mazda. Commissioner Regalado: That's on LeJeune Road and -- Chair Sanchez: On 42nd. Commissioner Regalado: -- 4th. Mr. Levy: 850 LeJeune Road. Commissioner Regalado: Right. Commissioner Sarnoff Right, so you're on LeJeune. You're not on -- Chair Sanchez: They're on LeJeune. Commissioner Sarnoff Right. Mr. Levy: Right, but there is access through the rear. Commissioner Sarnoff So Ocean Mazda is no longer in existence? City ofMiami Page 112 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Mr. Levy: For years. Commissioner Sarnoff Okay, which goes to show how often I bought a Mazda, but -- Commissioner Regalado: No, actually, Marc -- Commissioner Sarnoff, what several -- I don't know, I think it was two years ago or -- I remember that we approve a MUSP (Major Use Special Permit) for that site and -- Commissioner Sarnoff Okay. Commissioner Regalado: -- but it never got built, and it will never -- Commissioner Sarnoff My only other issue, having either made a mistake or not made a mistake with regard to in the MiMo (Miami Modern) District for an outdoor -- what do we call it, green market, for sake of calling it -- was -- I just want to make sure that the community is okay with that and how -- I mean -- Mr. Levy: The community visits that marketplace. Commissioner Sarnoff I got -- well, I know you're going to tell me the community doesn't have a problem with it, but -- you know, I -- that's why we have Class I and Class II notices so we have people that go before an appeal procedure and a -- with all due respect, your flea market brings a lot of people. Good or bad, it just brings a lot of traffic. And while Ocean Mazda, I'm sure, had some degree of traffic, I just wonder if it had as much traffic as you might bring. I just -- I always want to make sure that there's an -- at least a procedure in place, Commissioner, that if there were neighbors that didn't want it, they could at least bring their concerns to one of our boards and from those boards to us. Commissioner Regalado: And like the Manager said, the second extension needs to be brought to the City Commission, but what is going to happen is that they are going to move exactly what they have on 7th Street and 37 to LeJeune and 8th. It's all -- I mean, it's the same people. It's the same tenants, the same merchandise, the same -- and my understanding also is that you will be talking to the Ocean Bank for the parking lot that has the capacity of I don't know, a thousand or two thousand cars. I don't know, but because I know -- Igo to the movies there because I know that that parking lot, on Saturdays and Sundays, is completely empty. Only -- it's being used only for the movie theater. But that will be your preference, and that's all. The only thing is, Commissioner Sarnoff and Mr. Chairman, that they're moving. They're moving their facility from 37th to 42nd, from 7 to 8, that's all. Chair Sanchez: If may. They're in a tough situation, and feel for them. You know, yes, there's 300, maybe 500 families that will probably take a tough hit in a very tough economic times. I wish this issue would have been resolved back then when we were here to address the issue about the casino and the permits that they were going to get, you know. That would have been the appropriate time to put restrictions on them as to, you know, what's going to happen to those that are there that have been there for many years; what's going to happen -- give them ample time for them to be able to move on and make a smooth transition onto maybe another site because they realize that with the casino they're going to have to move, but that was not done then. And now we're in a situation where I think that we need to help you out. The concern that I have is that could support that, butt want to know more information at it. And the other concern that have is that the disfrict Commissioner is not here. It falls in the disfrict of Commissioner Gonzalez, who is not here. And for us to make that decision, which is -- could be positive or negative in his decision, I think, will be a lack of respect for the Commissioner who's not here. Now I want to work with you and see how we could find a solution to the problem. The only thing thatl have so far is that we will be asking Flagler Dog Track owners to agree to a ten-day extension, that's one. And the other is to have the Administration work at -- work out a City ofMiami Page 113 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 special permit Class I? Mr. Hernandez: Yes. Chair Sanchez: Class I. But then that would have to come back to us. Mr. Hernandez: Right. We could provide that Class I for a month, and then an extension for the following month would have to be approved by -- Commissioner Sarnoff By the City Commission, right. Mr. Hernandez: -- the City Commission. Chair Sanchez: By City Commission. But hold on, let me just add -- is this going to be a temporary site to allow them time to transition onto someplace else or is -- Mr. Levy: No. Chair Sanchez: -- this going to be permanent --? Mr. Levy: Permanent. Chair Sanchez: Well, with all due respect, I think the disfrict Commissioner should be here to make this decision. With -- I -- you know, I could support if the language is right and we're able to work with everybody, but the district Commissioner is not here. And when the burden comes where people may complain, it's going to fall on him, not on District 4 or not on District 3 or not on any other disfrict. It's going to fall on the Commissioner. I think it's important that today we start the process -- although time is not on your side on this issue -- but to clearly ask the Administration to start working with but contact the district Commissioner and let him know. He's probably home watching now and -- you know, if it was me, I'd be a little worried. So I just Commissioner Regalado: Mr. Chairman. Chair Sanchez: -- want to put that on the table. I'm very supportive, I'm telling you. I don't -- I know what you're going through. George contacted me. In ten minutes, I called him back and we addressed the issue. We have no right -- government has no right to tell anybody what to do with their private property. We don't. Mr. Levy: True. Chair Sanchez: We understand that; you understand that. But once again, I do concur that we need to have the Administration work with you and try to find a solution. But once again, the disfrict Commissioner is not here. Commissioner Regalado: Mr. Chairman, ifI-- Chair Sanchez: Yes, sir. Commissioner Regalado: -- may. Number one, during the discussion that you referred to, the issue was resolve. And the issue was resolve because Ron Book and Manny Prieguez explained that the flea market will remain there until the plans for the hotel and the new restaurant, in four years time, four years, not this year, will be resolve. What happened was that, all of a sudden, DERM, as you might -- as you know because you have complain about -- DERM asked the Flagler Dog Track to come up with a water main that wasn't in their plan, so they have to dig the City ofMiami Page 114 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 whole parking lot. Number two, the -- Commissioner Gonzalez has in his district Miami Jai Alai, and I have in my disfrict Flagler Dog Track. Actually, Commissioner Gonzalez and I share Flagler Dog Track because his disfrict start crossing the street, and Commissioner Gonzalez was very supportive of the contract that we did with Flagler Dog Track and Miami Jai Alai. And I am certain -- and I understand your concern -- but am certain that Commissioner Gonzalez will support anything to save 2, 000 jobs in the City ofMiami. That, I'm certain. Do we want to consult with him? Of course. He is the area Commissioner for this new site. I'm trying to work about the site that is in our district. And as you said to them in the afternoon, my responsibility, so this is why brought this to the City Commission. And I am sure -- I don't know, Frank, if you have been in contact with Commissioner Gonzalez, butt will tell you that Commissioner Gonzalez is always frying to help people -- jobs -- Frank Castaneda (Chief of Staff, Commissioner Gonzalez): Sure. Commissioner Regalado: -- so -- Chair Sanchez: Frank -- Mr. Castaneda: No. My name is Frank Castaneda. I'm chief of staff to Commissioner Gonzalez, and I'm sure that he will be very supportive. I was telling staff that the big issue there would be the condominiums that are trapped between the airport and the airport parking garage. There's a group of condominiums there, and we need to make sure that they have access in and out. But that's -- that would be the big issue, in my opinion. Commissioner Regalado: But that's the hotel. Mr. Castaneda: No, no, no. There's some condos that are trapped between the gas tanks at the airport and their parking garage, and it's like a dead-end. And I'm very familiar with them because they had all sorts of problems when they were building the expressway exit directly to the 836 and the expansion of LeJeune. And basically, they were landlocked many days, and they were always complaining, so that would -- Commissioner Regalado: But the good thing, Frank, is that the Flagler Dog Track employs more than 40 off -duty police officers to direct traffic on Northwest 7th and Northwest 37th Avenue, our district, and of course, Commissioner Gonzalez and your district. And I'm sure that the same operation will fry to hire off -duty police officers. Mr. Castaneda: No, no, no. The -- I'm concerned about parking on the street and blocking the outside -- the access of those individuals. But if you can control that, I'm sure that he will be supportive. Mr. Levy: That's not a problem. Commissioner Regalado: Well, thank you. Thank you. And so, I -- Mr. Chairman, we had a motion -- Chair Sanchez: Yes, sir. Commissioner Regalado: -- to -- Chair Sanchez: Okay. Commissioner Regalado: -- ask for a few days extension. Chair Sanchez: No, no. But we need to clarify your motion 'cause I -- the only thing that got is City ofMiami Page 115 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 that -- asking Flagler for a ten-day exception [sic] and asking the Admin -- Commissioner Regalado: Not exception. No, extension. Chair Sanchez: Extension, ten-day extension from Flagler Dog Track, which -- Commissioner Regalado: And asking the Administration to work to accommodate the transfer of the flea market. Commissioner Sarnoff Well, I'll second that if the maker would accept "subject to Commissioner Gonzalez's compliance." Commissioner Regalado: No problem at all. I think it's the fair thing to do. Chair Sanchez: Okay. That I feel comfortable with. All right. Based on that condition -- Commissioner Sarnoff I'll second it. Chair Sanchez: -- and just further, to expand, if they -- 'cause, you know, we want to look through the whole thing, not just to push start them and want to see how far they get. Now this -- the special I permit has to go through the whole process. What happens if somebody appeals? No. It's -- Mr. Hernandez: Yes. No -- once -- Chair Sanchez: They need to know everything. Mr. Hernandez: Right. Once we go through the -- Chair Sanchez: Don't -- Mr. Hernandez: -- Class I, we have to provide disclosure as, you know, Commissioner, we were discussing that just a little while ago. Commissioner Sarnoff Exactly. Chair Sanchez: And they need to understand that because if you go through the process and let's say, for whatever reason, somebody appeals, then it stops the process and they're against time. Look, they need to know everything, you know. You just can't give them, as Commissioner Sarnoff says, ear candy. They need to know that this is a very complicated matter, that we're willing to help, but if somebody appeals, tell them what happens. Mr. Toledo: No, no. If somebody appeals, without a doubt, it would have to go to the courts. I mean, it would come to special -- it would come to City Commission. Let's suppose that it does get approved through all the process and still someone still appeals, then it would have to go to the courts to decide that appeal. Commissioner Regalado: Okay. Chair Sanchez: All right. Mr. Toledo: I mean -- Chair Sanchez: As long as -- City ofMiami Page 116 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Regalado: But that's -- Chair Sanchez: -- they're aware. You're aware of that? Okay. Commissioner Regalado: It is what it is. Mr. Toledo: That's the process. Commissioner Regalado: I mean, it is what it is, but it's the only solution. Chair Sanchez: Okay. Commissioner Regalado: The only solution. Chair Sanchez: Because you need to understand the whole process here, okay. All right, there's been a motion and a second, what was proffered with the conditions. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 3-0, okay. All right, thank you, sir. Mr. Levy: I thank you. Chair Sanchez: I wish you the best of luck. Commissioner Regalado: Okay. Wait, wait, wait, wait, wait, wait. Commissioner Gonzalez supports the transfer with the caveat that, you know, everything is being taken in consideration in terms of parking around. So you do have the support of Commissioner Angel Gonzalez. Chair Sanchez: All right. Applause. Chair Sanchez: Thank you. Jenny Kim: Mr. Chair. Chair Sanchez: Yes? Ms. Kim: I have a concern. My name is Jenny Kim, and I'm from Broward. My parents have been vendors of the Flagler Dog Track for many years, and I think it's a great idea what you guys are doing. I think, as a whole, we're very thankful. But I feel like we're kind of crossing the same bridge that we did when the pari-mutuels came to the Commission and asked to pass -- Chair Sanchez: The legislation. Ms. Kim: Right. I hear the word "entertainment," and that makes me very weary because you guys are asking for an -- to expedite the permitting process, but I feel -- Mr. Levy: Only for the flea market. Ms. Kim: Right. But just would like to know that we're not going to be crossing this bridge again; down the road later on, that we're not going to be victimized later on again and having to find another home later on. City ofMiami Page 117 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 NA.7 09-00517 District 4- Commissioner Tomas Regalado Mr. Levy: I understand, and -- Commissioner Regalado: Well, I mean -- Chair Sanchez: We can't guarantee you that. I wish we could. Mr. Levy: Well, let me make this clear, ifI may. Ms. Kim: Right, but -- Commissioner Regalado: I mean, we cannot guarantee that. That would be up to the -- Chair Sanchez: Okay, listen -- Commissioner Regalado: -- vendors and -- Chair Sanchez: -- this item has taken -- I think, so far, it's good news for you guys. We got to move on to the next item. Thank you so much. Appreciate it. Commissioner Regalado: Thank you. Ms. Kim: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ALLOCATING FUNDS IN THE AMOUNT OF $22,000, TO ACTION COMMUNITY CENTER; ALLOCATING FUNDS FROM THE DISTRICT 4 ROLLOVER ACCOUNT NO. 15500.112000.882000.0000.00000, AWARD NO. 1345, PROJECT NO. 11-110004; URGING THE MAYOR OF MIAMI-DADE COUNTY AND THE MIAMI-DADE COUNTY COMMISSIONERS, TO PROVIDE FUNDS TO ACTION COMMUNITY CENTER; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 09-0051 7-Legislation. pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0240 Commissioner Regalado: Mr. Chairman. Chair Sanchez: All right. Next pocket item. Commissioner Regalado: Thank you very much. This is a resolution of the -- Chair Sanchez: Could I interrupt you for a minute? Commissioner Regalado: -- Miami City Commission -- Chair Sanchez: Could I interrupt you for a minute, Commissioner? Excuse me. George, as I City ofMiami Page 118 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 NA.8 09-00516 District 4- Commissioner Tomas Regalado stated before, I think you already have a couple of individuals that are going to be spokesperson for you. I'd like to meet with you as early as possible, okay? All right, Commissioner. I do apologize. You're recognized for your second pocket item. Commissioner Regalado: A resolution of the Miami City Commission allocating funds, in the amount of $22, 000, to Action Community Center; allocating funds from the District 4 rollover account; urging the Miami -Dade County Commissioners to provide funds to Action Community Center from their discretionary funds; and also, asking the Administration to look into the stimulus fund so we can keep up the service ofAccion until September 30, 2009. So move. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Sarnoff Yeah, I'll second. Chair Sanchez: All right. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $5,000, TO CO-SPONSOR THE 2009 MIAMI HONG KONG DRAGON BOAT FESTIVAL; ALLOCATING FUNDS FROM THE DISTRICT 4 SPECIAL EVENTS NON -DEPARTMENTAL ACCOUNT CODE NO. 001000.921054.6.289. 09-0051 6-Legislation. pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0241 Chair Sanchez: Next pocket item. Commissioner Regalado: And a resolution of the Miami City Commission authorizing the allocation of funds, in an amount not to exceed $5, 000, to cosponsor what -- the Miami Hong Kong Dragon Boat Festival that just took place; allocating funds from the District 4 special events nondepartmental account. So moved. Chair Sanchez: All right. There's a motion. Is there -- Commissioner Sarnoff Second. Chair Sanchez: -- a second? Five thousand dollars to the Hong Kong racing boats race. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Any other pocket items? City ofMiami Page 119 Printed on 6/8/2009 City Commission Meeting Minutes May 14, 2009 Commissioner Regalado: No. Chair Sanchez: All right. I think the motion to accept at this time is a motion to adjourn. Commissioner Sarnoff So move. Chair Sanchez: Motion to adjourn. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Thank you. City ofMiami Page 120 Printed on 6/8/2009