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HomeMy WebLinkAboutCC 2009-07-23 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 23, 2009 9:00 AM PLANNING & ZONING 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 July 23, 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 DI - DISCUSSION ITEMS PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 23rd day ofJuly 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 Joe Sanchez at 9:41 a.m., recessed at 12:13 p.m., reconvened at 2:09 p.m., recessed at 2:10 p.m. to convene an attorney -client session, reconvened at 3: 20 p.m. to adjourn the attorney -client session, reconvened at 3:21 p.m. to resume the regular Commission meeting, and adjourned at 6:34 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:54 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. Welcome to the July 23, 209 [sic] meeting of the City ofMiami Commission being held in these historic chambers. The members of the Commission are Michelle Spence -Jones, Vice Chair; Tomas Regalado, Angel Gonzalez, Marc Sarnoff and myself Joe Sanchez, as your Chair. Also present with us today Pete Hernandez. Is someone sitting -- or representing the City Manager's Office? We also have our City Attorney, Julie O. Bru, and the City Clerk, Priscilla Thompson, present here. The meeting will begin with a prayer and then we'll do the pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00816 PRESENTATION Honoree Presenter Protocol Item Chief William Mayor Diaz Commendation Shorty Bryson CAT NETWORK Chairman Sanchez Commendation Donna Shelley Commissioner Certificate Spence -Jones of Merit Jorge Perez Commissioner Certificate Sarnoff of Merit City of Miami Commissioner Certificates Legal Elite Sarnoff of Merit Maria J. Chiaro Deputy City Attorney Victoria Mendez Assistant City Attorney Rafael E. Suarez -Rivas, Assistant City Attorney 09-00816 Protocol.pdf PRESENTED City ofMiami Page 3 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 1. Chair Sanchez paid tribute to the State of Florida Department of Highway Safety and Motor Vehicles for its critical programming to provide public road safety and security to elevate the quality of life of all Floridians. 2. Commissioner Sarnoff presented a Certificate ofAppreciation to Jorge Perez for his commitment and professional initiative in support of important projects in the Department of Communications. 3. Commissioner Sarnoff presented a Certificate of Merit to Maria J. Chiaro, Victoria Mendez, and Rafael Suarez Rivas, applauding them for being named to Florida Trend's annual list of top Florida lawyers. 4. Vice Chair Spence -Jones presented a Certificate ofAppreciation to Donna Shelley for her significant contributions in support of the Grand Opening of the Black Police Precinct Museum. 5. Chair Sanchez presented a commendation to the CAT Network honoring its commitment to the principles of a humane public policy for non -lethal animal population control. 6. Mayor Diaz presented a Distinguished Service Commendation to Chief William "Shorty" Bryson for his outstanding professionalism in the use of his resources, expertise and talents, not only as Chief of the Miami Fire -Rescue Department, but also as a concerned citizen striving to elevate the quality of life in South Florida. Chair Sanchez: All right. We're going to continue with the presentations and protocol. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: All right. For the record, there are no mayoral vetoes? Priscilla A. Thompson (City Clerk): There are none, sir. Chair Sanchez: All right. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Votes: Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF APPROVING MINUTES Chair Sanchez: We need to approve the minutes of the following meetings. We need to approve the special Commission meeting of June 8, 209 [sic] for Community Development. Need a City ofMiami Page 4 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 motion. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Commissioner Regalado: Second. Chair Sanchez: The motion by Commissioner Sarnoff, second by the Vice Chair. Any discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. We also need to approve the Special Commission meeting ofJune 18, 209 [sic]. Need a motion. Commissioner Sarnoff So moved. Commissioner Regalado: Second. Chair Sanchez: Motion by Commissioner Sarnoff second by Commissioner Regalado. 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. Planning and Zoning meeting ofJune 25, 209 [sic]. Need a motion. Commissioner Regalado: Move it. Commissioner Sarnoff Second. Chair Sanchez: Motion by Commissioner Regalado, second by Commissioner Sarnoff. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of approving the minutes. ORDER OF THE DAY Chair Sanchez: We will now begin the regular meeting. The City Attorney will read the procedures to be followed in the Commission meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Okay. Good morning, Mr. Chairman, members of the Commission, Mr. Manager, Madam City Clerk, and members of the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. 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. Please, no cell phones or other noise -making devices. Silence those now. Any person making offensive remarks, who becomes unruly in the Commission chambers will be barred from further attending meetings. Any person with a disability requiring auxiliary aids and services for this meeting may City ofMiami Page 5 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 notify the City Clerk. Thank you, Mr. Chairman. Chair Sanchez: Thank you, Madam Attorney. "[Later...]" Chair Sanchez: Now, on any of the other items -- Mr. City Manager, are there any items, in case we have some individuals that are here for those items -- Pedro G. Hernandez (City Manager): Yes, Mr. Chair. I have -- Chair Sanchez: -- that we could either state for the record if they're going to be deferred or continued so they could go on their merry way to do other things? Mr. Hernandez: Mr. Chairman, Commissioners, SR.2 to be deferred to September 10. Chair Sanchez: SR.2? Mr. Hernandez: Right. FR.2 to be also deferred to September 10. Chair Sanchez: So SR.2 is being deferred to September 10 at your request and FR.2? Mr. Hernandez: Yes. And RE.8 also to September 10, and RE.19 to be withdrawn. Chair Sanchez: What -- which was that? Vice Chair Spence -Jones: RE.19. Chair Sanchez: RE (Resolution) -- Mr. Hernandez: RE.19 to be withdrawn. Chair Sanchez: You're withdrawing. Mr. Hernandez: So it's SR.2 -- Chair Sanchez: All right, wait, wait, wait. Mr. Hernandez: -- FR.2 and RE.8, those three to be deferred to September 10, and RE.19 to be withdrawn. Chair Sanchez: Okay. So for the sake of the clarity, SR.2, FR.2, RE.8 are being deferred to September 8, correct? Mr. Hernandez: The loth. Chair Sanchez: The loth, I'm sorry. September 10. All right. Can we have a motion on all those -- on all three items? Commissioner Sarnoff So moved. Chair Sanchez: Okay. There is a motion. Commissioner Regalado: Second. City ofMiami Page 6 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Need a second for the deferral of SR.2, FR.2, RE.8 to September 10 agenda. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. So those items have been deferred to September 10. Now, RE.19 is being withdrawn, correct? Mr. Hernandez: Yes. Chair Sanchez: All right. So we don't need to take any action on that. Commissioner Gonzalez: RE.19? Mr. Hernandez: Yes. Chair Sanchez: Okay. So for the record, RE.19 has been withdrawn. City ofMiami Page 7 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 CONSENT AGENDA CA.1 09-00756 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Administration SPECIAL REVENUE PROJECT ENTITLED: "2009 SUPPORTIVE SERVICES GRANT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $245,093, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ADMINISTERED BY THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A ONE (1) YEAR PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00756 Legislation.pdf 09-00756 Summary Form.pdf 09-00756 Letter.pdf 09-00756 Agreement Between Miami -Dade County.pdf 09-00756 Agreement Attachment List.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0351 CA.2 09-00757 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED JUNE 17, 2009, PURSUANT TO INVITATION FOR BID NO. 140159, FROM IMAGE RENT A CAR, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF THE RENTAL OF PASSENGER VANS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (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. 09-00757 Legislation.pdf 09-00757 Summary Form.pdf 09-00757 Award Recomendation.pdf 09-00757 Tabulation.pdf 09-00757 Corporation.pdf 09-00757 Invitation for Bid (IFB).pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 8 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 R-09-0352 CA.3 09-00758 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PURCHASE OF POLICE SERVICE DOGS, ON A SPOT MARKET, AS -NEEDED CONTRACTUAL BASIS, FROM THE PRE -QUALIFIED VENDOR, POLICE SERVICE DOGS, INC., AND ANY OTHER ADDITIONAL PRE -QUALIFIED VENDOR, PURSUANT TO SECTIONS 2.7 AND 2.12 OF INVITATION FOR BID NO. 146111, 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. 09-00758 Legislation.pdf 09-00758 Summary Form.pdf 09-00758 Award Recommendation.pdf 09-00758 Tabulation.pdf 09-00758 Corporation.pdf 09-00758 Invitation For Bid.pdf 09-00758-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 R-09-0353 CA.4 09-00759 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION AND SUPPORTING MIAMI-DADE COUNTY RESOLUTION NO. 1128-08, ADOPTED OCTOBER 21, 2008, URGING THE CITY OF MIAMI TO CODESIGNATE NORTHWEST 15TH AVENUE FROM NORTHWEST 62ND STREET TO NORTHWEST 71ST STREET, MIAMI, FLORIDA, AS "REV. DR. GILBERT S. SMITH AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00759 Legislation.pdf 09-00759 Summary Form.pdf 09-00759 Pre Legislation.pdf SPONSOR: VICE -CHAIR SPENCE-JONES This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 9 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 R-09-0354 CA.5 09-00791 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY PUBLIC SCHOOLS ("MDCPS") AND TECHNICAL CAREER INSTITUTE ("TCI"), THAT AUTHORIZES THE CITY DEPARTMENT OF RESCUE TO PROVIDE STUDENTS IN MDCPS EMERGENCY MEDICAL SERVICES TRAINING PROGRAMS ACADEMIC, CAREER AND CLINICAL INSTRUCTION UTILIZING FACILITIES AND PERSONNEL FROM THE CITY DEPARTMENT OF FIRE -RESCUE AND TCI; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $40,000, FROM ACCOUNT NO. 15500.321000.531000.0000.00000, P-32-320001 A-1255 T-02 E-531000 0-321000, FOR SAID PURPOSE. 09-00791 Legislation.pdf 09-00791 Exhibit.pdf 09-00791 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Note for the Record: Item CA.5 was deferred to the Commission meeting currently scheduled for September 10, 2009. Chair Sanchez: Need a motion to defer CA.5 to the September 10 meeting. Commissioner Sarnoff So moved. Chair Sanchez: Motion is made by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by Commissioner Regalado. Any discussion on the item or the deferral. Hearing none, 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 to September 10. CA.6 09-00654 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS FROM THE MAYOR'S POVERTY INITIATIVE, ALSO KNOWN AS "ACCESS MIAMI", IN AN AMOUNT NOT TO EXCEED $50,000, FOR A ONE-YEAR PERIOD, TO FULFILL THE COST -SHARING PARTNERSHIP REQUIREMENT OF A FEDERAL GRANT AWARDED TO THE CITY OF City ofMiami Page 10 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 MIAMI ("CITY"); ALLOCATING SAID FUNDS TO M. GILL AND ASSOCIATES, TO PROVIDE DIRECT MANAGEMENT AND TECHNICAL ASSISTANCE SERVICES TO MORE THAN 300 SMALL AND MINORITY BUSINESSES EACH YEAR THROUGH THE MINORITY BUSINESS ENTERPRISE CENTER LOCATED IN THE CITY THROUGH DECEMBER, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00654-Legislation-SUB.pdf 09-00654-Exhibit-SUB. pdf 09-00654 Summary Form.pdf 09-00654 Overview.pdf 09-00654 Goals.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-09-0355 Chair Sanchez: All right. CA.6 has been pulled by the Administration for an amendment. Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, the only modification is that the commitment is for a one-year, which is actually the current year, so the 50,000 would be for one year, so we're striking out the options to renew for two additional years. Chair Sanchez: All right. Does the maker -- we need a motion with the amendment, which has been amended to one year. Is there a motion? Commissioner Sarnoff I'll make the motion for discussion. Chair Sanchez: All right, there's a motion for the purpose of discussion on -- Commissioner Regalado: Second. Chair Sanchez: -- CA. 6. Second by Commissioner Regalado. All right, the item is under discussion. You're recognized for the record, Commissioner Sarnoff. Commissioner Sarnoff Mr. Manager, what is the definition of minority business? How is that defined? Vice Chair Spence -Jones: Willy probably could answer that. Mr. Hernandez: Minority business. Willy, can you help on that? William Porro: I will fry my best. William Porro, special project adminisfrator. Good morning everybody. I was looking back at our adminisfrator to -- who's actually had the grant on many occasions, but normally -- usually, it's -- 51 percent is minority owned. I don't know, Maria, if it's any different. Commissioner Sarnoff But who in the City ofMiami is a minority? Who is a majority? City ofMiami Page 11 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. Porro: I don't know ifI understand the question, Commissioner. Commissioner Sarnoff Well, I -- you know, I'm obviously an Anglo male up here. I certainly am the smallest portion of any population in the City ofMiami. Mr. Porro: Okay. Well, I guess -- let me clarify -- Commissioner Sarnoff Okay. Mr. Porro: -- ifI understand. If -- the center is open to anyone -- Commissioner Sarnoff Okay. Mr. Porro: -- so no one is turned away. Commissioner Sarnoff So -- all right, so minority means everyone? Mr. Porro: Pretty much. For the sake of the grant, yes, sir. Commissioner Sarnoff I like that. I like that. Okay. Mr. Porro: Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: Is that it? Chair Sanchez: Any further questions on the item? I think the only amendment that has been proffered by the City Manager is one year only. Mr. Hernandez: Yes. Chair Sanchez: Okay. Any further discussion on the item? If not, there's a motion and a second. 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. Mr. Porro: Thank you. Chair Sanchez: We just voted on CA. 6. That takes care of the consent agenda. Adopted the Consent Agenda Votes: Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF CONSENT AGENDA Chair Sanchez: We go to consent agenda. Do any of the Commissioners wish to have any of the consent agenda items pulled for discussion? All right. Mr. City Manager, do you have any items City ofMiami Page 12 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 you wish to pull from the consent agenda? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, item CA.5, I would like to defer to September 10. Chair Sanchez: CA.5, for the record, is being deferred to September 10? Mr. Hernandez: Yes. Chair Sanchez: All right. Any other item wishing to be either pulled for discussion, deferred, continued? If not -- Mr. Hernandez: Mr. Chairman, I'm sorry. Chair Sanchez: No, no, on consent agenda only. Mr. Hernandez: No. On CA.6 -- Chair Sanchez: Okay. Mr. Hernandez: -- that I would like to pull it, so I can make a change on the record. Chair Sanchez: All right. CA.6 is being pulled for discussion for an amendment. So, therefore, CA.1 through CA.4, need a motion to approve. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair Spence -Jones. Any discussion on consent agendas [sicJ? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PUBLIC HEARINGS PH.1 09-00761 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, Recreation APPROVING AN AMENDMENT TO THE SCOPE OF WORK FOR THE CURTIS PARK PLAYGROUND AND VITA COURSE IMPROVEMENTS PROJECT, AS ADOPTED ON JULY 16, 1996, BY THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, AS PREVIOUSLY AMENDED (THE "AMENDED PROJECT"), THEREBY DELETING PURCHASE AND INSTALLATION OF A PLAYGROUND FUNDED THROUGH OTHER SOURCES, AND INSTEAD, PROVIDING FOR VITA COURSE EQUIPMENT, A NEW FLAGPOLE, STADIUM AND SOUND SYSTEM UPGRADES, A NEW SOLAR LIGHTING SYSTEM IN THE PLAYGROUND AREA, AND POUR IN PLACE RUBBER SURFACE AND WALKWAYS FOR THE VITA COURSE FOR THE FURTHER AMENDED PROJECT (THE "FURTHER AMENDED PROJECT"); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A REVISED GRANT City ofMiami Page 13 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 APPLICATION TO MIAMI-DADE COUNTY FOR SAID FURTHER CHANGES IN THE AMENDED PROJECT AND TO ACCEPT ANY REVISED RELATED GRANT FUNDING RECEIVED FROM MIAMI-DADE COUNTY FOR THE FURTHER AMENDED PROJECT; DIRECTING THE CITY MANAGER TO OPERATE AND MAINTAIN SAID FURTHER AMENDED PROJECT UPON ITS COMPLETION. 09-00761 Legislation.pdf 09-00761 Exhibit 1.pdf 09-00761 Exhibit 2.pdf 09-00761 Exhibit 3.pdf 09-00761 Exhibit 4.pdf 09-00761 Exhibit 5.pdf 09-00761 Exhibit 6.pdf 09-00761 Exhibit 7.pdf 09-00761 Exhibit 8.pdf 09-00761 Exhibit 9.pdf 09-00761 Summary Form.pdf 09-00761 Memo.pdf 09-00761 Notice of Public Hearing.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0356 Chair Sanchez: That takes us to -- Vice Chair Spence -Jones: PH.1. Chair Sanchez: Well -- Priscilla A. Thompson (City Clerk): PH.1. Chair Sanchez: PH.1 ? Ms. Thompson: Yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: Okay, PH.1. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. PH.1 is a resolution approving amendment to the original scope of work for the Curtis Park Playground and Vita Course project, funded through the Safe Neighborhood Parks Bond program. Chair Sanchez: All right. Need a motion on PH.1, which is a resolution requiring a public hearing. Commissioner Gonzalez: Motion. Chair Sanchez: Motion has been proffered by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. City ofMiami Page 14 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Second by Commissioner Regalado. Any discussion on the item 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 on PH1, the public hearing is closed, coming back to the Commission. Any further discussion on PH 1 ? Hearing no discussion on PH 1, 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, 5-0. PH.2 09-00762 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(1) AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE CRIME VIEW ENTERPRISE SOFTWARE, TRAINING AND ONE-YEAR MAINTENANCE, FROM THE OMEGA GROUP, FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $79,140; ALLOCATING FUNDS FROM POLICE GENERAL FUND ACCOUNT CODE NO. 00001.191501.531000.0000.00000. 09-00762 Legislation.pdf 09-00762 Summary Form.pdf 09-00762 Memo 1.pdf 09-00762 Memo 2.pdf 09-00762 Memo 3.pdf 09-00762 Notice of the Public Hearing.pdf 09-00762 Pre Resolution.pdf 09-00762 Omega Products Upgrade.pdf 09-00762 Letter.pdf 09-00762 Letter 2.pdf 09-00762 About Us.pdf 09-00762 Crime Mapping.pdf 09-00762 Staff Report.pdf 09-00762-Summary Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0357 Chair Sanchez: PH.2. Glenn Marcos: Good morning, Commissioners. Glenn Marcos, Purchasing director. PH.2 is a sole source purchase of the Crime View Enterprise Software, training and maintenance. This item does require a public hearing and it does require a four fifth vote. We're recommending the -- the sole source award to the Omega Group. The actual purchase amount is not the exceed $79,149. City ofMiami Page 15 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff So moved for discussion. Chair Sanchez: There's a motion by Commissioner Sarnoff. Need a second for the purpose of discussion. Commissioner Regalado: Second. Chair Sanchez: Second has been proffered by Commissioner Regalado. The item is under discussion. Before we open it up for discussion, it requires a public hearing. This is a four fifth vote. Before we vote on it, 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. The item is under discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff It's actually just a question. I think the Chief of Police is here. I read in the New York Times on Saturday and I'm requesting whether this is the same software package. New York Police Department has a software package, Chief that is actually predicting where crime is going to occur. Is this the software package? Chief John Timoney: It's something similar, but theirs is a multimillion dollar. It's called a Real Crime Center. Some of the stuff we spoke about this morning, where their crime reports hooked up to the 911 system and it's automatically automated. Right now our stuff is still inputted by civilian staff at the records unit. In New York -- but they spent upwards of $50 million to put that center together, so -- but this is a step in that direction. Commissioner Sarnoff Okay. Chief Timoney: Thank you. Commissioner Sarnoff Thank you. Chair Sanchez: Okay. Any further questions? The item is under discussion. Hearing none, it's a resolution, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, it's been approved, 5-0. PH.3 09-00783 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Police (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92(A)(3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES AND APPROVING THE PROCUREMENT OF THE PEN -LINK SOFTWARE, SYSTEMS AND THREE (3) YEARS MAINTENANCE, FROM PEN -LINK, LTD., FOR THE DEPARTMENT OF POLICE, IN AN AMOUNT NOT TO EXCEED $112,948.20; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. City ofMiami Page 16 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 19-690001, AND ACCOUNT CODE NO. 12500.191602.664000.0000.00000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 09-00783 Legislation.pdf 09-00783 Summary Form.pdf 09-00783 Memo 1.pdf 09-00783 Memo 2.pdf 09-00783 Memo 3.pdf 09-00783 Notice to the Public.pdf 09-00783 Affidavit.pdf 09-00783 Justification for Pen -Link Lincoln.pdf 09-00783 Pen -Link Lincoln System Proposal.pdf 09-00783 Unique Features of Pen -Link v8.pdf 09-00783 Pen -Link, Ltd..pdf 09-00783-Summary Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones PH.4 09-00634 Department of Parks and Recreation R-09-0358 Chair Sanchez: PH.3. Glenn Marcos: Commissioner, Glenn Marcos, once again, Purchasing director. PH.3 is another sole source purchase of Pen -Link Software, systems and maintenance. This is also for the police department. Of course, it does require a public hearing, and it does require a four fifth vote. The Pen -Link system is a software system that will allow the police department to work with intelligence regarding cell phones. We are recommending the award, once again, to Pen -Link -- Lincoln [sic]. This is a purchase that is not to exceed $112,948.20. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: PH.3, it's a resolution requiring a four fifth vote. We have a motion made by Commissioner Gonzalez, second by Commissioner Sarnoff. Requires a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. Any discussion on PH.3, which requires a four fifth vote? Hearing no discussion on the item, 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), AFTER A DULY NOTICED PUBLIC HEARING, APPROVING AN AMENDMENT TO THE ORIGINAL SCOPE OF WORK FOR THE LUMMUS PARK HISTORICAL AND CULTURAL VILLAGE PROJECT City ofMiami Page 17 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 (THE "ORIGINAL PROJECT"), AS ADOPTED ON JULY 16, 1996, BY THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, THEREBY DELETING RENOVATIONS TO THE WAGNER HOUSE AND FORT DALLAS BARRACKS, AND INSTEAD, PROVIDING FOR RENOVATIONS TO THE RECREATION BUILDING AND PROVIDING FOR ANCILLARY SITE IMPROVEMENTS (THE "AMENDED PROJECT"); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A REVISED GRANT APPLICATION TO MIAMI-DADE COUNTY FOR SAID CHANGES IN THE PROJECT AND TO ACCEPT ANY REVISED RELATED GRANT FUNDING RECEIVED FROM MIAMI-DADE COUNTY; DIRECTING THE CITY MANAGER TO OPERATE AND MAINTAIN SAID AMENDED PROJECT UPON ITS COMPLETION. 09-00634 Legislation.pdf 09-00634 Exhibit 1.pdf 09-00634 Exhibit 2.pdf 09-00634 Exhibit 3.pdf 09-00634 Exhibit 4.pdf 09-00634 Exhibit 5.pdf 09-00634 Exhibit 6.pdf 09-00634 Exhibit 7.pdf 09-00634 Exhibit 8.pdf 09-00634 Exhibit 9.pdf 09-00634 Summary Form.pdf 09-00634 Memo.pdf 09-00634 Notice of Public Hearing.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0359 Chair Sanchez: And we move on to PH.4. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. PH.4 is a resolution approving an amendment to the original scope of work for the Lummus Park Historical and Cultural Village project, funded through the Safe Neighborhood Parks Bond program. Chair Sanchez: All right. This item -- let's have a motion and a second for the purpose of discussion. Commissioner Sarnoff Move it. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Vice Chair Spence Jones for the purpose of discussion. Before we open it up for discussion, it is a resolution that requires a public hearing. PH.4, it's a public hearing. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission. The item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yes, Mr. Chairman. I just wanted the record to reflect that the Parks Director and I have sat down and gone through the issues regarding the Lummus Park Village, City ofMiami Page 18 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 so I have a clear understanding as to what actually happened with the resources. The two buildings that were in question was the Wagner House and the Dallas Barracks. Work was actually done to those facilities and this was the additional dollars that was left from it that wanted -- I guess he wanted to use towards something else. Mr. Burkeen: Toward the recreation center on the same site. Vice Chair Spence -Jones: Right. So -- and I wanted to also make sure the record reflect that we did fry to reach back out to the Miami River Commission regarding their concerns around those resources and with no avail; we were not able to hear back from them, but we're going to go ahead and support it. And I have a clear understanding, and I just wanted to tell you thank you for the understanding. Mr. Burkeen: Thank you. Chair Sanchez: All right. No further discussion on the item. We are on PH 4 for the record. 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, 5-0. PH.5 09-00721 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS Office (4/5THS) AFFIRMATIVE VOTE, AFTER A PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ALLOW NITIN MOTWANI, AS A MEMBER OF THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY'S BOARD OF DIRECTORS AND PRINCIPAL IN THE MIAMI WORLDCENTER GROUP, LLC, TO PARTICIPATE IN A DEVELOPMENT AGREEMENT (CONTRACT), PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN THE MIAMI WORLDCENTER GROUP, LLC, AFFILIATED PARTIES, AND THE CITY OF MIAMI. 09-00721 Legislation.pdf 09-00721 Summary Form.pdf 09-00721 MEMO.pdf 09-00721-Submittal-Brad Knoefler-Code Violations and Photos.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0360 Chair Sanchez: PH.5. It requires a four fifth vote. This is a waiver of conflict of interest. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones on the item. It's a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing none, the public hearing is closed, coming City ofMiami Page 19 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 back to the Commission. Any discussion on this item? Hearing no discussion on the item -- Madam Clerk. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. We did have a speaker signed up, and I see he's walking in the door right now. Chair Sanchez: All right, sir. Don't want to deny you the process to address this Commission. You're recognized for the record for two minutes. Brad Knoefler: Okay. Brad Knoefler. I'm a resident, taxpayer, property owner, and voter in the Park West area, downtown Miami. I'm also president of the Omni/Park West Redevelopment Association, and I'm here to talk to you about this item specifically in terms of how it relates to our neighborhood. Basically, our neighborhood is one of the most run-down places in Miami, dilapidated fences, trash all over the place. It's not necessarily -- exactly a very pleasant place to live, and the reason that I'm here today is because -- why the situation in my neighborhood is linked to this item is because 80 to 90 percent of the dilapidated lots in the neighborhood belong to the World Center Group. I want to submit for the record photographs of (INAUDIBLE) that were taken yesterday, shows very clearly collapsed fences, overgrown weeds, something that we've fried to work with them for probably the past year on. We've reached out to the principals of the World Center Group. We've reached out to various people, including the operators they have on the property, and we have had little or no results. I also want to submit for the record the nine Code violations on the various properties that are -- have been in effect since January of this year, and we also have probably another two that were issued last week because of a collapsed fence that -- with barbed wires on the -- collapsed on the sidewalk. The question really here is -- for me is why someone who represents a large development group and really in a sense has been responsible for the dilapidation and run down nature of my neighborhood is even on the DDA (Downtown Development Authority) board. I personally would prefer to have someone like a Antonio Alonso, Jose Llanes (phonetic), someone that has an implication -- a commitment to the community rather than someone who's a -- an out-of-town developer looking to do a specific project. That's really not the question here for the Commission today, though. The question really is why are we bending over backwards for a big developer? I think that we basically have a perception in the City ofMiami, whether it's founded or not, that the City of Miami tends to give the red carpet treatment to out-of-town developers while really ignoring the needs of the residents and the taxpayers and the property owners and the voters, of course. And what would say is voting against this resolution will send a very, very clear message that we don't have any kind of special treatment for out-of-town developers, and we're going to take into account the needs for the residents and the voters. Chair Sanchez: Thank you. Mr. Knoefler: Thank you. Chair Sanchez: All right. Anyone else? The public hearing was opened and closed. It's closed, coming back to the Commission. Any discussion from the Commission? Commissioner Sarnoff Yes, sir. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff Well, I happen to agree that it is absentee landlords, absentee land owners that are crippling this city, and if we don't become -- you know, there's an old concept -- and I'm looking at some of the lawyers -- called "Season," and season meant that you had an oath of fealty and loyalty -- this goes back thousands -- well, hundreds of years -- to the king, and it meant to maintain your property. It meant that you had an obligation to maintain your property, and somehow season and the idea behind it is lost in the City ofMiami. We all too City ofMiami Page 20 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 often have out-of-town folks making large-scale investment in the City ofMiami and they land bank. Certainly their constitutional right to land bank, but what they don't do is take care of the property. And the things I'm seeing on these photographs are extremely simple things. Take -- you don't want the fence to be erected and in good shape, take it down. No law requires you to have a fence. You have got to maintain your property with regard to any kind of concrete that is broken or left in rubble. The same thing with weeds. And so I completely hear what Mr. Knoefler's saying, and I agree with what he's saying because they have the exact obligation as you and I who have a home, a condo, a business in Miami. And if our next door neighbor doesn't take care of his property, it devalues our property. And you know what it does when your property becomes devalued? You have a sense of less worth. So I'm going to be very active and we're actually drafting legislation that is going to really go after -- we have a place on US 1, the -- remember the Culligan Building, the one on US 1 and Bird Road? It gets graffitied every six weeks, five weeks. At what point in time should that property owner not be required to take down that building? Because we know every four to six weeks on US 1, where 160,000 cars a day go past, the calling cards of the City ofMiami is "Welcome to Graffiti." So you know, these absentee land owners have got to learn to at least minimally take care of their property. I don't think by not passing this resolution you're going to be getting what you want. I hear what you're saying, and I'd like to hear a commitment ftom the folks that own this property that if you have a fence that's broken, take it down. You don't need to have a fence. As a matter of fact, the fewer fences in downtown, the better offyou would be. Chair Sanchez: Counsel. Joel Maxwell: Mr. Chairman, for the record, Joel Maxwell, with law offices at 1 Southeast 3rd Avenue, in Miami, with Akerman Senterfitt. We do represent Mr. Motwani. I'm not here on that item. However, I will pledge to you that Mr. Motwani and the development corporation will be informed of these problems, and I'm sure they will correct them right away. Commissioner Sarnoff Yeah, please. And if you would, report back to my office in two weeks because these people have the resources to immediately make a change in our neighborhood, a neighborhood that is downtrodden, but by simple little implementation and a little bit of care and a little bit of love makes the neighborhood look much better. And I know Mr. Knoefler's put a lot of money, a lot of time, and a lot of resources into his property and the adjoining properties, and I really recommend to everybody you have all these cyclone or chain link fences, or whatever you'd like to call them -- up in New York, we used to call them cyclone fences -- take them down. They're ugly and they're broken. And as soon as you repair them, I guarantee you, the homeless will break them. So what's wrong with just having vacant, well -kept, cared for land? Mr. Maxwell: I agree. Chair Sanchez: All right. No further discussion on the item. It's a resolution, requires a four fifth vote. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5-0, Madam Clerk. PH.6 09-00785 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Manny Diaz ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT OF NOT TO EXCEED $602,103.00 IN TWO (2) REIMBURSEMENT GRANTS FROM THE CHILDREN'S TRUST TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION FOR OUT -OF -SCHOOL PROGRAMS, WITH AN AMOUNT NOT TO EXCEED City ofMiami Page 21 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 $506,481.00 BEING ALLOCATED FOR THE HEART OF OUR PARKS SCHOOL YEAR OUT -OF SCHOOL PROGRAM(S) AND AN AMOUNT NOT TO EXCEED $95,622.00 BEING ALLOCATED FOR THE MIAMI LEARNING ZONE PROGRAM; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST GRANTS FOR PARKS," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S HEART OF OUR PARKS SCHOOL YEAR OUT -OF -SCHOOL PROGRAM AT AFRICAN SQUARE PARK, JUAN PABLO DUARTE PARK, SHENANDOAH PARK, WILLIAMS PARK, ARMBRISTER PARK, JOSE MARTI PARK AND THE SANDRA DELUCCA DEVELOPMENTAL CENTER, AS WELL AS, THE MIAMI LEARNING ZONE AT HOLMES ELEMENTARY BY APPROPRIATING FUNDS, IN THE TOTAL AMOUNT OF NOT TO EXCEED $602,103.00 IN THE FORM OF TWO (2) REIMBURSEMENT GRANTS FROM THE CHILDREN'S TRUST, WITH IN - KIND SERVICES FROM THE CITY VALUED AT $265,939.13, AND IN -KIND SERVICES FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH VALUED AT $33,803.25; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S TRUST, IN SUBSTANTIALLY THE ATTACHED FORM (THE "TRUST CONTRACT") AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARDS FOR SAID PURPOSES; ADDITIONALLY, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(A) (3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT AMIGOS FOR KIDS, ARTS FOR LEARNING, THE MUSEUM OF SCIENCE, MIAMI-DADE FAMILY LEARNING PARTNERSHIP, CITIZENS FOR A BETTER SOUTH FLORIDA AND BIG BROTHERS BIG SISTERS OF GREATER MIAMI, ALL FLORIDA NOT -FOR -PROFIT CORPORATIONS, ARE THE MOST QUALIFIED FIRMS TO PROVIDE INSTRUCTION, FAMILY ACTIVITIES, MENTORING, COMMUNITY SCIENCE WORKSHOPS AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARK SERVICES AT THE AFOREMENTIONED PARKS AND SCHOOL SITES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN COMPLIANCE WITH THE ATTACHED FORM OF TRUST CONTRACT, WITH THE IDENTIFIED NOT -FOR -PROFIT ORGANIZATIONS, FOR A PERIOD COMMENCING AUGUST 1, 2009 THROUGH JULY 31, 2010,WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS. City ofMiami Page 22 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 09-00785 Legislation.pdf 09-00785 Exhibit 1.pdf 09-00785 Exhibit 2.pdf 09-00785 Exhibit 3.pdf 09-00785 Exhibit 4.pdf 09-00785 Exhibit 5.pdf 09-00785 Exhibit 6.pdf 09-00785 Exhibit 7.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0361 Chair Sanchez: All right. PH 6. PH 6, it's acceptance of a grant, money from the Children's Trust. Commissioner Gonzalez: Motion on PH 6. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. There's a motion and a second. The motion has been made by Commissioner Gonzalez, second by the Vice Chair. It is a resolution requiring a public hearing. Anyone from the public wishing to address item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Any discussion on the item? Hearing no discussion on this item, 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. PH 6 was approved, 5-0. PH.7 09-00786 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Manny Diaz ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A TOTAL AMOUNT OF NOT TO EXCEED $241,666 IN TWO (2) REIMBURSEMENT GRANTS FROM THE CHILDREN'S TRUST (THE "TRUST") TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION FOR PREVENTION PROGRAMS , WITH AN AMOUNT NOT TO EXCEED $82,122 BEING ALLOCATED FOR THE MIAMI YOUTH COUNCIL PREVENTION SERVICES PROGRAM AND AN AMOUNT NOT TO EXCEED $159,544 BEING ALLOCATED FOR THE CITY OF MIAMI FAMILIES FIRST PARENT ACADEMY PREVENTION SERVICES PROGRAM; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST PREVENTION GRANTS FOR PARKS," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S MIAMI YOUTH COUNCIL, AS WELL AS, THE CITY OF MIAMI FAMILIES FIRST PARENT ACADEMY BY APPROPRIATING FUNDS, IN THE TOTAL AMOUNT OF NOT TO EXCEED $241,666 IN THE FORM OF TWO (2) REIMBURSEMENT GRANTS FROM THE TRUST; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CHILDREN'S TRUST, IN SUBSTANTIALLY THE ATTACHED FORM (THE "TRUST CONTRACT"), FOR SAID PURPOSES AND City ofMiami Page 23 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARDS FOR SAID PURPOSES ; ADDITIONALLY, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE NEGOTIATION METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTIONS 18-85 AND 18-86 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF PARKS AND RECREATION THAT MIAMI-DADE FAMILY LEARNING PARTNERSHIP, CONEE, INC. D.B.A. GYMBOREE PLAY AND MUSIC, EXCEPTIONAL CONSULTING FOR EDUCATIONAL LEADERS, AND FRIENDS OF WLRN, ARE THE MOST QUALIFIED FIRMS TO PROVIDE PARENT AND CHILD INSTRUCTION, FAMILY ACTIVITIES, AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH EDUCATIONAL AND PARK SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS, IN COMPLIANCE WITH THE ATTACHED FORM OF TRUST CONTRACT, WITH THE IDENTIFIED ORGANIZATIONS, FOR A PERIOD COMMENCING AUGUST 1, 2009 THROUGH JULY 31, 2010, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS. 09-00786 Legislation.pdf 09-00786 Exhibit 1.pdf 09-00786 Exhibit 2.pdf 09-00786 Exhibit 3.pdf 09-00786 Exhibit 4.pdf 09-00786 Exhibit 5.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0362 Chair Sanchez: PH 7 is also accepting -- grant funds from the Children's Trust. Can we get a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Same motion -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- has been proffered by Commissioner Gonzalez, second by the Vice Chair. Before we open up for discussion, PH 7 requires a public hearing. It is a resolution. 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. We're on PH 7. The item is under discussion. Hearing no discussion, it's a resolution, all in favor, say "aye." City ofMiami Page 24 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Madam Clerk, it was approved, 5-0, on PH.7. PH.8 09-00787 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Manny Diaz ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A REIMBURSEMENT GRANT IN THE AMOUNT OF NOT TO EXCEED $600,000.00 FROM THE CHILDREN'S TRUST (THE "TRUST") FOR SERVICE PARTNERSHIPS PROGRAM TO THE CITY'S DEPARTMENT OF PARKS AND RECREATION FOR THE CONTINUATION AND EXPANSION OF THE CITY OF MIAMI TRUANCY REDUCTION SERVICE PARTNERSHIP PROGRAM DURING THE 2009-2010 SCHOOL YEAR; ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "THE CHILDREN'S TRUST SERVICE PARTNERSHIP GRANT FOR PARKS," TO FUND THE DEPARTMENT OF PARKS AND RECREATION'S TRUANCY REDUCTION PROGRAM (THE "PROGRAM") BY APPROPRIATING FUNDS, IN THE AMOUNT OF NOT TO EXCEED $600,000 IN THE FORM OF A REIMBURSEMENT GRANT FROM THE CHILDREN'S TRUST, WITH A CASH MATCH FROM THE CITY VALUED AT $90,000 FROM ROLLOVER FUNDS FROM AWARD NO. 1371, PROJECT NO. 10-100101 RELATED TO THE PAYMENT FOR PLANNING DELIVERABLES FROM THE CHILDREN'S TRUST FOR THE PLANNING PHASE OF THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TRUST, IN SUBSTANTIALLY THE ATTACHED FORM (THE "TRUST CONTRACT"), FOR SAID PURPOSES, AND TO EXECUTE ALL OTHER NECESSARY DOCUMENTS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO IMPLEMENT THE ACCEPTANCE OF AND COMPLIANCE WITH THE GRANT AWARD FOR SAID PURPOSES; ADDITIONALLY, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE INTERLOCAL AGREEMENTS, IN COMPLIANCE WITH THE ATTACHED FORM OF TRUST CONTRACT, WITH MIAMI-DADE COUNTY PUBLIC SCHOOLS IN AN AMOUNT NOT TO EXCEED $459,940.71 AND WITH THE 11TH JUDICIAL CIRCUIT COURT IN AN AMOUNT NOT TO EXCEED $44,886.00, FOR A PERIOD COMMENCING AUGUST 1, 2009 THROUGH JULY 31, 2010, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL SIMILAR PERIODS AT THE SAME NOT TO EXCEED AMOUNTS. 09-00787-Legislation-SUB.pdf 09-00787 Exhibit 1.pdf 09-00787 Exhibit 2.pdf 09-00787 Exhibit 3.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0363 Direction by Vice Chair Spence -Jones to the Administration to establish a reporting system for each commission district on key projects funded by any grants in each district, and to communicate and coordinate with each district when seeking grants on key projects. City ofMiami Page 25 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: We move on to PH.8. PH.8, I believe, has a minor substitution, correct? Okay. Can you state it for the record before we get a motion and a second? Vivianne Bohorques (Administrative Assistant, Mayor's Office): Vivianne Bohorques, Mayor's office, director of Education and Policy. The substitution refers to the match from the City. In the initial resolution, it set an in -kind cash match. We removed the words "in -kind." It's a cash match, which is coming from the first year of the program where we had planning funds, and it was deliverables -based. We had a surplus of $90, 000, which the Children's Trust has authorized for us to use for this upcoming program. And the new resolution also states that the award and project number where those funds are coming from. Chair Sanchez: All right. So we're removing the word "in -kind"? Ms. Bohorques: Yes. Chair Sanchez: Okay. So the amendment is to remove the word "in -kind," as you have stated for the record. All right. Is there a motion -- Commissioner Gonzalez: Move it. Chair Sanchez: -- as amended? Vice Chair Spence -Jones: Second. Discussion. Chair Sanchez: Motion has been made by Commissioner Gonzalez, second by the Vice Chair. The item is under discussion, as amended. Before we open it up for discussion, it is 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. The item is under discussion. Vice Chair Spence -Jones, you are recognized for discussion. Vice Chair Spence -Jones: Yes, Mr. Chairman. First of all, I did get clarification from Vivianne today, so I'm very clear on it. I just want to make a recommendation, and I want to officially put it on the record. I think it's extremely important that some sort of reporting system comes back to the area Commissioners regarding key projects that are funded by way of any grants so that at least we have a sense of what is actually happening with the programs within the area. And then also, when -- and I had this conversation along with Robert Ruano this morning, that it's also extremely important that all of the Commissioners are communicated with to make sure that there's better coordination on what grants you guys are going out for because there may be agencies or organizations in our districts that may be better suited for some of these projects or initiatives, so I just think that it's important there's communication going on between your office, along with our office, to make sure that there's further participation. But for the most part, I'm pleased with everything and the responses that you gave me. Ms. Bohorques: Great. I'll be more than happy to do that. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. We are on PH.8. As to that, I just-- are there any discussion? We did open it up to the public. It was under a discussion. I just want to take this opportunity to praise the Children's Trust. I think at times, you know, we -- and I don't say -- there's been some negative things said about the Children's Trust in the last efforts that they made to get the voters to support their cause. I'll tell you this much. I represent a district that's -- it's poor, an area that because of their efforts, we're seeing a difference because they're applying their resources to the greatest resource that we have, which is our children. And when these tough economic times City ofMiami Page 26 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 10:30 A.M. PH.9 09-00497 Department of Community Development that we're facing, and you have parents that are out there -- if they're lucky to have a job and they're looking for a job, there're plenty of places that are providing services for those children. And I could tell you, there is a peace of mind when you're out there trying to move forward and try to seek employment knowing that your child is being well taken care of by an organization that's receiving money for [sic] the Children's Trust. So overall, their efforts and what they do for this community have allowed us to move forward in these tough economic times, and I see it myself when I visit some of these organizations that are providing those services. And if it wasn't for their funding, a lot of those children would not be in those organizations receiving that service, and I just can't imagine where we would be at. So I want to take the opportunity, publicly, to praise the Children's Trust and all those who work for the Children's Trust because they are doing what is right for this community. They're investing in our future, which is our children. So having said that, PH 6 [sic]. It's a resolution. There's been a motion and a second. For the record, once again, it's a substitution -- Priscilla A. Thompson (City Clerk): PH.8. Chair Sanchez: Excuse me? Ms. Thompson: PH.8. Chair Sanchez: I'm sorry, PH.8. There's been a minor substitution, so we'll say as amended. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and PH.8 was approved, 4-0, with the absence of Commissioner Sarnoff. A sign language interpreter translated discussion of items PH.9 - PH 13. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATIONS AND FINDINGS THAT COMPETITIVE BIDDING METHODS AND PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATIONS AND FINDINGS OF THE CITY OF MIAMI'S DEPARTMENT OF COMMUNITY DEVELOPMENT THAT MIAMI'S RIVER OF LIFE, INC., A STATE OF FLORIDA AND FEDERAL NOT -FOR -PROFIT ORGANIZATION, ("MRL"), IS THE MOST QUALIFIED FIRM TO PROVIDE SUPPORTIVE HOUSING AND OTHER SUCH ACTIVITIES IN CONJUNCTION WITH THE DEVELOPMENT, MANAGEMENT, AND USE OF THE CITY -OWNED SIX (6) UNIT PROPERTY LOCATED AT 1371 NORTHWEST 61ST STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED ("PROPERTY"); AUTHORIZING THE CITY MANAGER TO EXECUTE A SAFE HARBOR MANAGEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A FIVE (5) YEAR INITIAL TERM WITH UP TO TWO (2) OPTIONS TO RENEW FOR TERMS OF FIVE (5) YEARS EACH, WITH MRL FOR THE DEVELOPMENT, City ofMiami Page 27 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 MANAGEMENT AND USE OF THE PROPERTY FOR A SUPPORTIVE HOUSING FACILITY (A TRANSITIONAL INDEPENDENT LIVING FACILITY) FOR FEMALE YOUNG ADULTS TRANSFERRING OUT OF FLORIDA'S FOSTER CARE SYSTEM (INCLUDING AT -RISK DEPENDENCY AND DELINQUENCY CARE SYSTEMS); FURTHER AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY,TO EXECUTE ALL OTHER NECESSARY DOCUMENT(S) FOR SAID PURPOSE FOR DEVELOPMENT, MANAGEMENT, AND USE(S) OF THE PROPERTY TO COMPLY WITH REQUIREMENTS OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND OF THE CITY'S HOMELAND DEFENSE/NEIGHBORHOOD CAPITAL IMPROVEMENTS BOND PROGRAM; AND RESCINDING RESOLUTION NO. 08-0253. City ofMiami Page 28 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 09-00497 LEGISLATION.pdf 09-00497 EXHIBIT 1pdf 09-00497 EXHIBIT 2.pdf 09-00497 EXHIBIT 3.pdf 09-00497 Summary Form.pdf 09-00497 Pre Resolution 1.pdf 09-00497 Pre Resolution 2.pdf 09-00497 Memo.pdf 09-00497 BUDGETARY IMPACT ANALYSIS.pdf 09-00497 Pre Resolution 3.pdf 09-00497 Master Report.pdf 09-00497 Pre Legislation 4.pdf 09-00497 Exhibit A.pdf 09-00497 Purchase and Sale Agreement.pdf 09-00497 Pre Summary Form.pdf 09-00497 Map.pdf 09-00497 Corporations.pdf 09-00497 State of Florida.pdf 09-00497 Certificate -Liability Insurance 1pdf 09-00497 Contact Info.pdf 09-00497 Letter 1pdf 09-00497 Letter.pdf 09-00497 Required Forms.pdf 09-00497 Declaration.pdf 09-00497 Affidavit.pdf 09-00497 Model Inputs.pdf 09-00497 Organization Chart.pdf 09-00497 Resume 1pdf 09-00497 Resume 2.pdf 09-00497 Resume 3.pdf 09-00497 Resume 4.pdf 09-00497 Resume 5.pdf 09-00497 Resume 6.pdf 09-00497 Resume 7.pdf 09-00497 Certificate of Liability 2.pdf 09-00497 Letter.pdf 09-00497 Evaluation Protocol.pdf 09-00497 State of Florida 2.pdf 09-00497 Consumer Certificate-Exemption.pdf 09-00497 Exemption Letter.pdf 09-00497 Certificate of Liability Ins.3.pdf 09-00497 Letter.pdf 09-00497 Evaluation Protocol.pdf 09-00497 Public Notice 1pdf 09-00497 Public Notice 2.pdf 09-00497 Miami River of Lilfe 3.pdf 09-00497 Budget.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0364 City ofMiami Page 29 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 PH.10 09-00764 Department of Community Development Chair Sanchez: All right, we move to PH.9. PH.9 is a resolution. It requires a four fifth vote. Commissioner Gonzalez: Okay, go ahead. Chair Sanchez: Okay. George Mensah: George Mensah, the director of Community Development. Mr. Chair, PH.9 is a resolution of the Miami City Commission, which requires a four fifth vote, authorizing the City Manager to execute the Safe Harbor Management Agreement, in substantially the attached form for, a five-year initial term, with up to two options to renew for Miami's River of Life for the development, management and use of the property, located at 1371 Northwest 61 st Street, to provide supportive housing facility for female young adults transferring out of Florida's foster care system. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. There's been a motion by Commissioner Gonzalez, second by the Vice Chair. It's a resolution, a public hearing, requiring a four fifth vote. Before we open it up for discussion, anyone from the public wishing to address this item? We are on PH.9. All right, the public hearing is closed, coming back to the Commission for a discussion. Any further discussion on PH.9? Hearing no discussion, 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. It was approved, 5-0, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") CONSOLIDATED PLAN FOR FISCAL YEARS 2009-2013 AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2009-2010, PROVIDING AN ASSESSMENT OF THE HOUSING AND COMMUNITY DEVELOPMENT NEEDS IN THE CITY AND DETAILING PROPOSED ACTIVITIES TO MAXIMIZE THE BENEFITS OF FEDERAL FUNDING TO LOW INCOME CITY RESIDENTS; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY CONSOLIDATED PLAN FOR FISCAL YEARS 2009-2013 AND THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2009-2010, AND TO EXECUTE THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY SUBJECT TO THE APPLICABLE PROVISIONS OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 09-00764 Legislation.pdf 09-00764 Exhibit.pdf 09-00764 Summary Form.pdf 09-00764 Public Notice.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0365 City ofMiami Page 30 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 PH.11 09-00765 Department of Community Development Chair Sanchez: We move on to PH 10. PH 10, you're recognized for the record. George Mensah (Director, Community Development): Mr. Chair, PH 10 is a resolution of the Miami City Commission approving the City ofMiami consolidated plan for fiscal year 2009 to 2013 and annual action plan for fiscal year 2009 to 2010, and authorizing the City Manager to submit the consolidated plan and the annual action plan and to execute the necessary agreements in a form acceptable to the CityAttorney's office. Chair Sanchez: All right. Can we get a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion is made by Commissioner Gonzalez, second by the Chair [sic]. Before we open it up for discussion, it's a resolution requiring a public hearing. Anyone from the public wishing to address this item? Public hearing is closed, coming back to the Commission. All right. The -- discussion on the item. For discussion, the consolidated plan is the road map for the City's use of HUD (Department of Housing and Urban Development) fund for the next five years. Mr. Mensah: That's correct. Chair Sanchez: And this plan you have some changes and new programs. Could you state some of them for the record? Mr. Mensah: Mr. Chair, basically, the plan follows the same plan that we had the last five years. What we've done is that we've added the loan programs to this particular plan, and then we've also looked at a possibility of probably using more fund going toward the public service area and for economic development, which ensures that people get jobs because I think the economy has changed now and we're in a much different situation than we were in in the last five years, so these are the basic changes that has taken place in the plan. Chair Sanchez: So you're focusing on both elements that you have stated on the record -- Mr. Mensah: Yes. Chair Sanchez: -- which are of importance in these tough economic times? Mr. Mensah: That's correct. Chair Sanchez: All right. Any further discussion? If not, it's a resolution. Anyone -- we did open up to the public and closed? Okay. Any further discussion on the item? If not, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PH 10 was approved, 5-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS FROM FLORIDA HOUSING FINANCE CORPORATION IN THE AMOUNT OF $188,561, FOR THE IMPLEMENTATION OF THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM; AUTHORIZING THE CITY MANAGER TO City ofMiami Page 31 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT SAID PROGRAM. 09-00765 Legislation.pdf 09-00765 Summary Form.pdf 09-00765 Public Notice.pdf 09-00765 Allocation.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-09-0366 Chair Sanchez: Okay, PH 11. George Mensah (Director, Community Development): PH 11 is a resolution of the Miami City Commission accepting funds from Florida Housing Finance Corporation, in the amount of one 88,561, for the implementation of the Florida Homebuyer Opportunity Program, authorizing the City Manager to execute the necessary documents in a form acceptable to the City Attorney. Commissioner Gonzalez: Move it. Chair Sanchez: All right. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, 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. We are on PH 11. PH.11 is open for the public. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. We are on PH 11. Discussion on the item. I still have -- this has not been clearly explained to me, and there's -- although I think the program is a good program. Mr. Mensah: Yes. Chair Sanchez: The concern that I have is that what are the guarantees that these 8,000 tax credits that the first-time buyer is going to get -- Mr. Mensah: Yes. Chair Sanchez: -- when they get back, when they file their taxes, what guarantee do we have? I mean, we're not accountants or, you know, that are going to recognize what they're going to get back. In other words, how do we know that they're going to get those $8, 000 back to be able to pay? Mr. Mensah: This is the -- that's the same question that the State had, and I think most (UNINTELLIGIBLE) same question. What the State has told us is that we are to provide these funds if -- there will be a mortgage. They have up to 36 months to provide this funding, and so if they don't give us the funds, we have a mortgage on the property and we can go after them for the mortgage -- because of the mortgage on their property. Chair Sanchez: So we -- Mr. Mensah: So this is not a grant. Yes. City ofMiami Page 32 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: All right. So we have a guarantee that they're going to be able to pay that. Because let's just say they get the -- for whatever -- $8, 000 tax return [sic] and they go out and they buy a car or they go out and buy a plasma TV (Television), and they don't pay the money back. What guarantees do we have that they're going to pay it back? Mr. Mensah: Because we have the mortgage on their property. Chair Sanchez: Okay. All right. Any further questions? Vice Chair Spence -Jones: I just have (INAUDIBLE), Mr. Chairman. Chair Sanchez: Yes. Vice Chair Spence -Jones: Just so that I'm clear -- and I'm sure that a lot of individuals down, especially during these tough times, are going to fry to tap into this overall program. My question is what are we going to be doing from a CD (Community Development) side to promote that the program's available? We're still in the -- we're going to still use the same avenues that we normally would use to get the information out? Mr. Mensah: Yes, but also in addition, the State requires that we advertise this program for a minimum of 30 days -- Vice Chair Spence -Jones: Okay. Mr. Mensah: -- before we even take any applications, so that will provide knowledge to the public that this program is available for use. Vice Chair Spence -Jones: Okay. So anybody can just come in, call CD and -- can they use this eight plus, whatever, down payment -- Mr. Mensah: Yes. Vice Chair Spence -Jones: -- assistance that we also give (UNINTELLIGIBLE)? Mr. Mensah: Yes. Yes, they can. Vice Chair Spence -Jones: All right, cool. And there's no -- they're income restrictions on it? Mr. Mensah: There's income restrictions for a single person. He can make up to $75, 000. Vice Chair Spence -Jones: Okay. One person? Mr. Mensah: Yes. Chair Sanchez: And once again, I mean, so you know, that's -- the amount of money that we're getting adds up to about 23 families that we're going to be able to help -- Vice Chair Spence -Jones: I know. Mr. Mensah: That's true. Chair Sanchez: And it's a -- you know, first come, first serve -- Mr. Mensah: First come, first serve. City ofMiami Page 33 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 PH.12 09-00766 Department of Community Development Chair Sanchez: -- so you got to take that into consideration. The only concern that I had was it's a good deed, you know. We were going to provide them with the money. We just wanted to make sure that they had the resources to pay it back. Mr. Mensah: Pay it back, yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: So based on the mortgage -- okay. All right. No further questions on PH.11. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE REVISED CITY OF MIAMI ("CITY") LOCAL HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, TO INCLUDE THE IMPLEMENTATION OF THE CITY'S FLORIDA HOMEBUYER OPPORTUNITY PROGRAM, FOR FISCAL YEAR 2009-2010; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDED LHAP FOR REVIEW AND APPROVAL OF THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENT(S) TO IMPLEMENT THE TERMS AND CONDITIONS OF THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM AND THE LHAP. 09-00766 Legislation.pdf 09-00766 Exhibit.pdf 09-00766 Summary Form.pdf 09-00766 Public Notice.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0367 Chair Sanchez: PH 13. George Mensah (Director, Community Development): PH.12. Chair Sanchez: Oh, I'm sorry. Vice Chair Spence -Jones: 12. Chair Sanchez: PH.12, yes. I did skip PH.12. Mr. Mensah: PH.12 is a companion item to PH.11. Any time you receive funding from the State for a new program, you are required to amend your local housing assistance plan. So PH.12 is just the approval of the amendment of the local housing assistance plan for this Florida Homebuyer Opportunity Program. Chair Sanchez: Okay. Is there a motion? City ofMiami Page 34 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 PH.13 09-00683 Department of Community Development Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Second by someone. Vice Chair Spence -Jones: Spence Jones. Yes. Chair Sanchez: Second by the Vice Chair. We are on PH 12, which is a resolution. It requires a resolution. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any discussion? Hearing no discussion on PH 12, 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, and PH.1 has been approved, 5-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $150,000 FROM ONE ART, INC., $30,000 FROM BETTER WAY OF MIAMI, INC. AND $5,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 RESERVE ACCOUNT, FOR A TOTAL ALLOCATION OF $185,000, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES FOR THE CITY OF MIAMI LITTLE HAITI COMMERCIAL REHABILITATION PROJECT NO. 2; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITIES, FOR SAID PURPOSES. 09-00683 Legislation.pdf 09-00683 Exhibit 1.pdf 09-00683 Exhibit 2.pdf 09-00683 Exhibit 3.pdf 09-00683 Exhibit 4.pdf 09-00683 Summary Form.pdf 09-00683 Public Notice.pdf 09-00683 Little Haiti Rehab 2.pdf 09-00683 Maps.pdf 09-00683 Pre Legislation 1.pdf 09-00683 Pre Legislation 2.pdf 09-00683 Pre Legislation 3.pdf 09-00683 Pre Legislation 4.pdf 09-00683 Corporation.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0368 City ofMiami Page 35 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 restriction whereby an owner of a property of a business who received monies from the City for the facade program cannot increase the rent due to the City's beautification efforts. Chair Sanchez: PH 13. Lillian Blondet (Assistant Director): PH13. Good morning, Lillian Blondet, Department of Community Development. This is an item that was deferred from the last meeting. We recommended the transfer of $185, 000; 150,000 coming from One Art, Inc., 30, 000 from Better Way ofMiami, and 5, 000 from the District 5 reserve account. This is CDBG (Community Development Block Fund) funding for the outside rehabilitation of two buildings in Northeast 2ndAvenue and 58th Street, and this is the second part of a project to rehabilitate the (UNINTELLIGIBLE) of properties that are in bad shape in the area. Chair Sanchez: All right. Ms. Blondet: The money would go to Rafael Hernandez, Economic Development Housing Corporation, which will be doing -- overseeing the project. Chair Sanchez: All right. Vice Chair Spence -Jones: So moved. Chair Sanchez: Let's get a motion and a second. The motion has been made -- Commissioner Gonzalez: Second. Chair Sanchez: -- by the Vice Chair, second by Commissioner Gonzalez. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. Discussion on the item. Vice Chair Spence -Jones: I just have a comment. Chair Sanchez: Comment. All right, you're recognized for comments. Vice Chair Spence -Jones: I just wanted to just be clear because I know that there was some confusion in the very beginning about this particular item, and I just want it to be clearly stated on the record this is a part of a demonstration project that we have been working on, your office and our office, to create these cultural business districts. It's not a normal, typical facade -based type program -- Ms. Blondet: No, it's not. Vice Chair Spence -Jones: -- so we started it with a pilot program on Northeast 2ndAvenue. These dollars that we're actually utilizing are really from my economic development dollars, which is separate from any facade -based type program. Ms. Blondet: That's correct. Vice Chair Spence -Jones: And from the first initiative that we did in Little Haiti with the buildings that were attached to the cultural complex, we saw serious increase if businesses just because the businesses looked better. Ms. Blondet: Yes. Vice Chair Spence -Jones: So one of the things I speak to the director about this morning, City ofMiami Page 36 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 however, whatever resources we do put on the outside of the building, I would like for the agreement to include that whoever is the property owner of the business, that they -- there's some sort of restriction put in place where they with will not increase the rent because of what we have done to beautify the building. Ms. Blondet: Okay. Vice Chair Spence -Jones: So that's the only restriction that I would like to have added or included somehow in there just to make sure that the rents stay reasonable for the individuals that are live -- working there. Ms. Blondet: Okay. Commissioner Sarnoff Mr. Chair. Chair Sanchez: All right. Discussion on the item. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Commissioner Spence -Jones, I was the one that commented on this because this didn't require the property owner, who apparently is an estate, the Lester Frank estate, which we're researching, and apparently it's a very reasonably affluent estate, and what you're doing is you're giving them -- you're giving a for profit entity 100 percent -- they're not putting any skin in the game into this facade, and I just question the wisdom of giving a property owner that is not really a person; it's an estate, 100 percent of the facade program. Ordinarily, we give 15 percent. I know it's a pilot project. I actually do a little bit of the opposite of what you do. I actually require 25 percent from my facade programs because I think the property owners have to put more skin in the game. Vice Chair Spence -Jones: Right. Commissioner Sarnoff And I just question the wisdom of putting in a for -profit venture 100 percent of the gift and not requiring 5 percent, 7 percent, some percentage that would at least require them to put some sweat equity into this. Vice Chair Spence -Jones: Well, I -- and I definitely understand your comments and your concerns. However, for me, the businesses in Little Haiti are already suffering and anything that I can do to kind of attract more attention to those businesses, that's what we're trying to do. While I understand that, you know, is your viewpoint on it and it's respected, unfortunately, the guy has had the building for god knows how long and nothing's happened with it at that -- at this particular point, so I don't want my businesses to continue to suffer. And at this point, those little small businesses in the heart of Little Haiti are already suffering, and they provide jobs to people that may not be able to have jobs anywhere else. So ifI can attract more attention, ifI can build that area up there -- and I'm not only just doing it in Little Haiti; I'm doing it in Liberty City, Overtown and Wynwood as well. That's what I'm going to do. So these are dollars that, you know -- these demonstrations projects are done throughout the country, not just in my district. So I appreciate your comments and that's the reason why I'm adding the restriction on. I do not want this cost to somehow be passed on to the individuals that are actually renting the facilities or renting the buildings, and that's why I'm putting the restrictions on. And that's really it. Thank you for your comments, though. Chair Sanchez: All right. Any further discussion on the item? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 37 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Passes, 5-0. Ms. Blondet: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 09-00755 ORDINANCE Second Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO Attorney MUNICIPAL ELECTIONS; CHANGING THE QUALIFYING TIME PERIOD FOR A SPECIAL ELECTION FOR A DISTRICT COMMISSION SEAT THAT MAY BECOME VACANT IF AN INCUMBENT COMMISSIONER RESIGNS TO RUN FOR THE OFFICE OF MAYOR; ESTABLISHING THE EFFECTIVE DATE OF SAID RESIGNATION IN ORDER TO ALLOW FOR A SPECIAL ELECTION AT THE SAME TIME AS THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2009; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-00755 Legislation. FR/SR pdf 09-00755 Memo.FR/SRpdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13082 Chair Sanchez: SR.1. All right. Commissioner Sarnoff Move it. Chair Sanchez: SR.1, there's a motion by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. The item is under -- it's a resolution on second reading. Before we open it up for discussion, it requires a public hearing. Anyone from the public wishing to address this Commission on SR.1? Seeing no one from the public, the public hearing is closed, coming back to the Commission. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, very much, Mr. Chairman. What this does is that it gives the members of the City Commission the possibility of having a special election on November 3 for District 4. This will save the City hundreds of thousands of dollars in case that there had to be a special election some other day, and also will allow the people from District 4 to choose, by election, their representative in the next two years. "[Later...]" Chair Sanchez: All right. Any further discussion? It's on second reading. Public hearing was opened and closed. It's an ordinance. Read the ordinance into the record, followed by a roll call. City ofMiami Page 38 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: All right. The resignation takes effect September 4. You're recognized for the record. Commissioner Gonzalez: I -- is it proper for us -- for a motion to reappoint Commissioner Regalado? Chair Sanchez: I believe it's got to be done September 4. Julie O. Bru (City Attorney): Yeah. We have to wait till the vacancy actually occurs. The effective date will be September 4. Any time after September 4 would be proper. Commissioner Regalado: Thank you. Commissioner Gonzalez: All Right. Chair Sanchez: Okay. All right. SR.2, I believe, was deferred -- Pedro G. Hernandez (City Manager): Deferred. Ms. Thompson: Deferred. Chair Sanchez: -- till September 10. SR.2 09-00555 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 17, ENTITLED "ENVIRONMENTAL PRESERVATION," AND CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN, AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE PUBLIC WORKS DEPARTMENT TO CONFORM TO NEW LAND MANAGEMENT AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET IMPROVEMENTS; TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00555 Legislation FR/SR.pdf 7-9-09 09-00555 Summary Form FR/SR.pdf 7-23-09 City ofMiami Page 39 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item SR.2 was deferred to the Commission meeting currently scheduled for September 10, 2009. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 09-00499 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Employee Relations CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING CODE SECTIONS 2-581 THROUGH 2-582 IN THEIR ENTIRETY AND REPEALING SECTIONS 2-693 AND 694 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A DIVISION 15, WHICH CREATES THE OFFICE OF EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS; PROVIDING FOR THE APPOINTMENT OF THE EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS (EODP) ADMINISTRATOR BY THE CITY MANAGER; DESIGNATING THE EODP ADMINISTRATOR AS THE CITY'S EQUAL OPPORTUNITY OFFICER (A/K/A) AFFIRMATIVE ACTION OFFICER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00499 Legislation.pdf 09-00499 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: We move on to FR.1. FR.1 is an ordinance on first reading. Can we get a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Motion has been made by Commissioner Gonzalez. Need a second. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: Second by the Vice Chair for the purpose of discussion. Well, before we open it up for discussion, let's recognize the Department of Employee Relations to put something in the record and then we'll open it up to the public as it is a public hearing is required on first reading. Hector Mirabile: Good morning, Mr. Chair and Commissioners. Hector Mirabile, director of Department of Employee Relations. It is an ordinance of the City ofMiami Commission amending Chapter 2 Article IV of the Code of the City ofMiami, Florida, amended, entitled Administration, Departments, by repealing Code Section 2-581 through 2-582 in their entirety and repealing sections 2-693 and 694 in their entirety and substituting in lieu thereof a division 15, which creates the Office of Equal Opportunity and Diversity Programs, providing for the appointment of the Equal Opportunity and Diversity Programs, also known as EODP, administrator by the City Manager, designating the EODP administrator as the City's equality City ofMiami Page 40 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 opportunity officer, also known as affirmative officer; containing a severability clause and providing for an effective date. Chair Sanchez: All right. We have a motion and a second. The item is under discussion. Before we open it up for discussion, it is an ordinance on first 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. Discussion. Vice Chair Spence -Jones: Yes. I just had a question, Hector, on this item. Will this have any fiscal impact at all on --? Pedro G. Hernandez (City Manager): Not at all, Commissioner. Vice Chair Spence -Jones: Okay. Mr. Mirabile: No. Vice Chair Spence -Jones: Okay. So it's just basically taking it from -- Mr. Hernandez: It's totally budget neutral. And I think it's important that place on the record that the Equal Opportunity Board, I attended a couple of their meetings, and this was a request that they made of me that they wanted -- they felt that that office and those individuals should report direct to the Manager because of the sensitivity of the cases that they were discussing in their meetings, and the actions that they had to take. So it was a request that they made of me, and I agreed to pursue their requests, so I'm proposing this amendment. Vice Chair Spence -Jones: Okay. All right. Chair Sanchez: All right. Vice Chair Spence -Jones: That's the only thing wanted to be clear on. Chair Sanchez: Any further discussion on FR.1, which is an ordinance on first reading. It'll come back to us on second reading. No further discussion on the item. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call on FR.1, first reading. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Sanchez: FR.2, for the record, was deferred to September 10. FR.2 09-00775 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO ESTABLISH A CITY OF MIAMI RESPONSIBLE CONTRACTOR PROGRAM, UNDER NEW SECTION 18-118 OF THE CITY CODE; INCLUDING ESTABLISHING AN OVERALL HOURLY City ofMiami Page 41 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RATE OF PAY, PLUS BENEFITS, PER SPECIFIED PROVISIONS OF THE MIAMI-DADE COUNTY CODE REFERENCED HEREIN; ESTABLISHING AN APPRENTICESHIP PROGRAM; AUTHORIZING THE CITY MANAGER TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR MONITORING COMPLIANCE WITH AND ENFORCEMENT OF THIS PROGRAM; CONTAINING A WAIVER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00775 Legislation .pdf SPONSORS: CHAIRMAN SANCHEZ VICE CHAIR SPENCE-JONES Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.1 09-00769 Department of Capital Improvements Program Note for the Record: Item FR.2 was deferred to the Commission meeting currently scheduled for September 10, 2009. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MIAMI WOMAN'S CLUB INC., ALLOWING THE CITY OF MIAMI TO USE THE PROPERTY DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, FOR CONSTRUCTION ACTIVITIES FOR THE NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS PROJECT, B-50658. 09-00769 Legislation.pdf 09-00769 Exhibit.pdf 09-00769 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0369 Chair Sanchez: We go to resolutions that do not require a public hearing. RE. 1 is a resolution. That is the Miami Women's [sic] Club, Inc. Ola Aluko: Good morning. This resolution is to request approval of the attached resolution, authorizing the City Manager to execute an (UNINTELLIGIBLE) agreement with the Miami's Women's [sic] Club. This is in anticipation of a project that we're building, the Bayshore -- North Bayshore Drive improvements, project number B-50658. And I am Ola Aluko, director of Capital Improvements, City ofMiami. Chair Sanchez: All right. Can we get a motion? City ofMiami Page 42 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by Commissioner Gonzalez, second by the Vice Chair. The item is under discussion. Any discussion on the item? Hearing no discussion, 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, 5-0, Madam Clerk. RE.2 09-00770 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING A GRANT TO THE MUSEUM OF SCIENCE, INC. D/B/A MIAMI MUSEUM OF SCIENCE AND PLANETARIUM ("MMOS"), TO SUPPORT THE DEVELOPMENT OF A NEW SCIENCE MUSEUM AND PLANETARIUM FACILITY IN THE CITY OF MIAMI-OWNED BICENTENNIAL PARK, IN AN AMOUNT UP TO $713,625, TO SERVE AS A MATCH FOR A GRANT FROM THE UNITED STATES DEPARTMENT OF ENERGY, NATIONAL ENERGY TECHNOLOGY LABORATORY, FOR THE RENEWABLE ENERGY PROJECT, APPROVED BY A REFERENDUM OF THE VOTERS IN NOVEMBER, 2001, AS A SPECIFIED PROJECT IN THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM; ALLOCATING SAID FUNDS FROM B-78502A, CAPITAL IMPROVEMENT PROJECT NO. 333143, ENTITLED "MUSEUM OF SCIENCE -DEVELOPMENT IN BICENTENNIAL PARK;" AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE EXISTING PROJECT CO-OPERATION AGREEMENT, AS AMENDED, WITH MMOS (THE "ORIGINAL GRANT AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, TO INCREASE THE FUNDING UNDER THE GRANT AGREEMENT FROM AN AMOUNT OF $1,438,000 TO AN AMOUNT UP TO $2,151,625, FOR SAID PURPOSE, AND IN COMPLIANCE WITH REQUIREMENTS OF THE HOMELAND DEFENSE NEIGHBORHOOD IMPROVEMENT BOND PROGRAM. 09-00770 Legislation.pdf 09-00770 Exhibit.pdf 09-00770 Summary Form.pdf 09-00770 Text File Report.pdf 09-00770 Master Report.pdf 09-00770 Amendment Project Agreement.pdf 09-00770 Pre Summary Form.pdf 09-00770 Co- Operation Agreement.pdf 09-00770 Exhibit B.pdf 09-00770 Worker's Compensation.pdf 09-00770 Liability of Insurance.pdf 09-00770 Ordinance No. 12137.pdf 09-00770 Resolution No. 02-1294.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 43 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 R-09-0370 Chair Sanchez: We move on to the next resolution, and that is RE. 2. RE.2, it's also a resolution. Roger Hernstadt: Good morning, Mr. Chairman, members of the Commission. Roger Hernstadt, assistant City Manager. This resolution is to authorize amendment two to complete the funding that the City committed to in the Homeland Defense Bond program, series one, to the Museum of Science in the amount of a million -- increasing it from a million -- by -- from a million two sixty-two to a million four thirty-eight for a total of $2.7 million. Seven hundred and thirteen thousand dollars of this money will be used in pursuit of a US (United States) Department of Energy grant. Commissioner Gonzalez: This is not new money, right? This is old allocated money? Vice Chair Spence -Jones: Yes. Mr. Hernstadt: Yes, sir. Commissioner Gonzalez: All right. Move it. Chair Sanchez: All right. There's a motion. Is there a second? Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: Second -- motion has been proffered by Commissioner Gonzalez, second by the Vice Chair for the purpose of discussion. The item is under discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: I just wanted to make sure -- I had discussion already with the Manager, and I believe it was Roger regarding the issue. I just want to make sure during the construction phase, that there's some sort of commitment from the Museum to adhere to the requirements that we put in. For instance, the stadium and the stadium garage agreements, or F RFPs (Request for Proposals) that the Miami Works program and the small business percentages be adhered to. I really want to make sure that all the megaprojects that we have happening throughout the City ofMiami has a serious focus or push for local participation. So I just want to -- I understand that the museums did have a problem, butl really would like for them to put that on the record, if possible. Mr. Hernstadt: Madam Commissioner, yes, it's in the definitive documents, it's in the community benefits agreement, and representatives of the museums are here to -- Museum is here to confirm that to you as well. Vice Chair Spence -Jones: Right. I'm not necessarily talking about the community benefits agreement. That's part of it, but I'm talking about the percentages -- the same thing that we've worked out for the stadium and base project and the stadium garage, as far as the RFP. I want to make -- that's different from the -- don't shake your head -- community benefits agreement. I want to make sure those items that we've requested for are considered as a part of it. Pedro G. Hernandez (City Manager): Commissioner, the answer -- Commissioner Regalado: Yes. Mr. Hernandez: -- to that is yes, and it deals with participation of small business and participation of local workforce. City ofMiami Page 44 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: Right. Mr. Hernandez: Those are the issues. Vice Chair Spence -Jones: The same -- I just want to make sure it's duplicated. Mr. Hernandez: Yes. Mr. Hernstadt: (UNINTELLIGIBLE) language, ma'am. Vice Chair Spence -Jones: Okay. The same? Commissioner Sarnoff Mr. Chair? Vice Chair Spence -Jones: That's a yes. Mr. Hernandez: It is a yes. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Actually, I have a different outlook and take on this, and that is recently the County announced and the Daily Business Review reported that the Museum of Science along with the Museum ofArt just lost their grants for the 2010 fiscal year. And my questions are now more profound than ever before. I don't know how much money they have been able to fundraise [sic], and I -- as you all know, we came up with a pretty definitive document for the Museum ofArt to have come up with benchmarks that satisfied the City Manager and this City regarding their ability to raise money and have an adequate amount of money. It's not just building the building; it is operating the building. And as I said to all of you at the Marlins Stadium issue, it is the CDT (Community Development Tax) and TDT (Tourist Development Tax) money that was being used to operate those buildings. That capacity no longer exists. This Commission, along with the other Commission, made commitment to use that capacity of dollars on something other than the Museum of Science, on something other than the Museum ofArt. And what we've been doing with the Museum of Science is allowing them, when they get a grant, to match their grant so that -- because it's a matching grant. So in this endeavor, they have applied for -- but I don't think they have received, am I correct? -- a grant for the amount of $738, 000 from the Department of Energy. Mr. Hernstadt: They have not received it yet, sir. Commissioner Sarnoff Correct. But they need to have a matched commitment. Mr. Hernstadt: Yes, sir. Commissioner Sarnoff All right. But then what you're doing is you're giving them an additional $713, 000 of taxpayer money from the bond project on expenses they've already incurred, and that's not the way I'm going to approach this. I'm going to approach this two ways. First is that they have demonstrate they have the money to build the building. Number two, that they demonstrate that they have the ability to operate the building. And in declining revenues, that may not be demonstrated. In which case, you're going to have a building out there that cannot operate, and that's just bad planning. So I'm going to ask the maker to amend his motion to the amount of $738, 000, which would give them the amount of the grant -- and I don't want to hand string them -- but to give them the rest of the money sets a dangerous precedent, and you all know what's coming at us, the budget. And I think it's just a matter of being fiscally responsible City ofMiami Page 45 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 allowing them to get the grants that they can get, but do not reimburse them for the money they're spending when they have not demonstrated the operational dollars to operate this museum. Vice Chair Spence -Jones: Mr. Chairman, can I -- there's a couple of things that he just said that I wanted clarity on. The first thing he mentioned was the CDT dollars in, I guess, reference to the Marlins Stadium and how these dollars could have been used for -- I just want clarity. Can you use CDT dollars for operations? I thought CDT dollars could only be used for capital improvements or -- Commissioner Gonzalez: No. Vice Chair Spence -Jones: You can use CDT dollars for --? Are you sure? Mr. Hernstadt: Yes. Vice Chair Spence -Jones: I thought CDT dollars can -- I'm asking. Mr. Hernandez: Commissioner, that is something that I have to confirm or -- Julie O. Bru (City Attorney): I can verify, but I believe it's to construct and operate and maintain. Yes. Mr. Hernandez: Okay. Vice Chair Spence -Jones: So you can use CDT dollars to actually -- I -- Commissioner Sarnoff That's a true statement. Vice Chair Spence -Jones: -- because I've always -- I'm just saying, I always thought that CDT dollars was for capital improvements. Commissioner Sarnoff They're not capital dollars. Vice Chair Spence -Jones: Meaning to build buildings, to -- you know, only that; that you could not use them -- based upon whatever -- the Bureau has always told me you can only use it for capital improvement. So I just wanted to have clarity. Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: If you can use it for that, then that opens up a whole nother can of worms, butt was always told that you could only use it for capital improvements. Mr. Hernandez: Based upon what the City Attorney said, yes, it can be used for operation and maintenance. However, we're in the process of confirming that. Commissioner Sarnoff Chapter 112 -- Vice Chair Spence -Jones: Larry. Commissioner Sarnoff -- Florida Statute, you'll see it. It can be used for operation. Vice Chair Spence -Jones: Yes. Ms. Bru: Well read you verbatim, but I believe from my years of working on this that it's for City ofMiami Page 46 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 construction and operation. Vice Chair Spence -Jones: Okay. Ms. Bru: But we'll verify that in a minute. Vice Chair Spence -Jones: Because that wanted to be clear on. And then my other question was how many from this particular museum, how many people are we expecting to hire from this -- to be hired? Mr. Hernstadt: Commissioner, I don't have the community benefits agreement and the definitive documents in front of me, butl can get you that information. Vice Chair Spence -Jones: Museum of Science is here. You know how many people are expected to go to work, be put to work? Gillian Thomas: We went through these details in the community benefits agreement. I didn't bring a copy with me today, Commissioner Spence -Jones, from recollection, butt would have to say these are estimates as opposed to accurate numbers. We currently have about 74 full-time members of staff. The new -- Vice Chair Spence -Jones: I'm not talking about operations. He's talking about operations. I'm talking about people before they even get to operations because right now for us, in the City of Miami, the focus should be making sure people are working. Ms. Thomas: Yes. Vice Chair Spence -Jones: Because if -- and no one knows this up here (UNINTELLIGIBLE). Any projects that we can get coming out of the ground right now over the next two or three years people working, that is at least stimulating the economy -- Ms. Thomas: That's correct. Vice Chair Spence -Jones: -- and not creating a negative situation happening in neighborhoods. Ms. Thomas: That's correct. Vice Chair Spence -Jones: So my question is how many people, from a construction standpoint, are going to be put to work? Do you have any idea of that? Ms. Thomas: I don't have the numbers with me now. No. I can't answer that one. Chair Sanchez: Could you please state your name for the record, and I -- Ms. Thomas: I'm so sorry. Chair Sanchez: -- do apologize for the interruption. Ms. Thomas: I'm Gillian Thomas. I'm the president/CEO of the Miami Science Museum. What can state is that the next tranche of funding from the Department of Energy for which we're requesting that the rest of the funding be released will include money to work with the green lab and the Smart City initiative and to create exhibits as part of our community benefits agreement that will tour within the Miami City area, and a substantial proportion of that work will be commissioned locally so that some of the work will be done locally as well as the rest. Also moving forward on the Miami Science Museum project, we are moving in parallel with Miami City ofMiami Page 47 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 ArtMuseum and with the City ofMiami to complete the site remediation studies, and we hope by the end of the year to have the remediation action plan for approval for the whole site, including the City site, the MAM (Miami ArtMuseum) site, and our own site, and we envisage that the site remediation will start as soon as possible thereafter. We're currently waiting for that plan to be completed on the part of the City to go with the Science Museum and the ArtMuseum. So that whole first franche is the first thing that we wish to get out of the way as quickly as possible. That isn't relevant for this particular amount of funding because this funding is more specifically looking at the renewable energy insulation in the new museum for the future and the energy exhibits that we do with that. But it does have some bearing on Commissioner Sarnoffs query because the more that we can make use of renewable energy in this first investment, the more we reduce our operational energy costs and therefore bring down the requirement for funding subsequently. Vice Chair Spence -Jones: Do we know, at all, when we're looking at having people go back -- I mean, start work on the facility? Do we have any idea on grounds? Ms. Thomas: There -- we should be -- Vice Chair Spence -Jones: When you're expected to -- Ms. Thomas: -- starting the site remediation early in the coming year. I know there have been some suggestion that it might happen before the end of the year. I personally think we'll be very lucky to get the agreement with DERM (Department of Environmental Resources Management) and all the documents completed and begin the site remediation before 2010. Vice Chair Spence -Jones: Okay. Not voting on this today or not getting the support from this today, what does this do to the project? Ms. Thomas: The implication is that I may have to say no to the seven hundred plus thousand dollar grant from the Department of Energy because it has a matched funding requirement and we have to send it off. We have submitted all the papers. Vice Chair Spence -Jones: Okay. So -- and then my last question. This is more of a Roger question. Roger, for the Museum ofArt, didn't we have the same similar -- we also provide them with resources as well? We've already voted and approved that, right? Mr. Hernstadt: Yes, ma'am. Vice Chair Spence -Jones: Okay. Yeah -- Commissioner Sarnoff Well, the Museum ofArt had benchmarks. They have not met the benchmarks. All I'm recommending to this Commission is that you make sure they hold on to their grant of $738, 000, but you don't give them the additional 713,625 until they reach a benchmark that demonstrates to you not only that they can build the box, but that they can operate the box. Vice Chair Spence -Jones: Okay. And I'm going to ask you because you know what you need to have done in order to make it happen. Will this -- Ms. Thomas: Remaining -- Vice Chair Spence -Jones: -- create a problem? Ms. Thomas: -- out of the 2001 Homeland Defense Bond allocation to the Miami Science Museum, which was allocated in 2001, and we're now 2009 for the planning of the Miami City ofMiami Page 48 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Science Museum, the new museum is the amount that is in the resolution today, one million two hundred and -- I haven't got the number exactly in front of me, so it's over one million. The actual allocation to match fund the Department of Energy grant is seven hundred -- and I have Jennifer Santo (phonetic), who is our science director. The number is $713,625. That is the actual amount today that I required today to match fund the Department of Energy grant. As the total amount remaining was one million two hundred, I thought as we're moving forward and we'll be spending far beyond that amount in the coming year, and as we have this whole allocation around this work to achieve, that it made sense to request of the Commission today to release the remaining funding of this grant from 2001. Vice Chair Spence -Jones: But if that did not happen based upon -- Ms. Thomas: If it did not happen, I would certainly request your requirement to release the 713, 000. If you don't do that, I may have to return the Department of Energy funding, which would seem to me to be a great shame. Vice Chair Spence -Jones: Okay. So you would be fine with the recommendation that Commissioner Sarnoff is making today? Ms. Thomas: I would not be -- Vice Chair Spence -Jones: I mean, in -- Ms. Thomas: -- as happy as I would be if you would agree to the one million two hundred, and it requires a great deal of additional work, which has a cost for the City because you have to go back and do all the work again, and I will come again, and you'll have to go through the whole process again. So you're causing yourself exfra work or money, but the choice is, of course -- (UNINTELLIGIBLE) is a democracy -- entirely yours. In response to Commissioner Sarnoff ifI may. We do have two things that we can share. One is a study carried out by Lord Cultural Consultants, which is looking at the visitor numbers for the new museum, and as I'm sure you all recollect because I've tried to do my tour around to speak to everybody. The new museum has an aquarium, as well as a planetarium and a wide range of exciting activities and learning resources. And the inclusion of an aquarium substantially increases the number of visitors that it will achieve. So the numbers have come in substantially higher than for the Science Museum alone, which makes the whole museum a great deal more viable. And we have a business model which we could share with you at some length, ifyou would like that. Chair Sanchez: All right. Ms. Thomas: So I'm happy to do the tour and do that subsequently. Chair Sanchez: Thank you. Any further -- Commissioner Regalado. Commissioner Regalado: Thank you. What would it take for the County to release a GOB (General Obligation Bond) bond allocation to start building and --? Because there was a letter from George Burgess saying that the Museum have to come up with some matching fund in order for the County to release bonds, although they have, I think, released some of the money -- Ms. Thomas: Yes. Commissioner Regalado: -- already. The question has to do with the timing in the construction, so how do you foresee the fundraising and how long would it take for real construction to start? Ms. Thomas: Yes. IfI could just answer that, and I'll try to do it as brief as possible but it's obviously a complex subject. So the basic construction costs for the building that is excluding City ofMiami Page 49 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 the exhibit fit out, are 140 million. The design costs are around another 40 million. The GOB funds allocated to the Miami Science Museum are 175 million. We've raised over 22 million subsequently. So it depends on what you want to say we have to do before construction arrives. One of the big constraints was having the lease signed because that gave us site control and that was the last remaining factor stopping the release of the GOB funding, and I collected the executed documents from the City this week. Thank you very much for achieving that. That was a big step forward. So in terms of the base build and the design work to get to the consfruction happening, we would estimate that -- including contingency, around 200 million would do the total, and we already have that number. Commissioner Regalado: But -- Ms. Thomas: To do the rest -- to do all the fit out, we require more money than that, and our total budget is 300 million. Commissioner Regalado: I understand, but you don't have an exact date of the construction. Ms. Thomas: We have got a total schedule and program, yes. So we're starting the work with MAAd and with the City on the site remediation in early next year. That includes putting in the parking (UNINTELLIGIBLE) across the whole of the two museums and plaza site and doing the foundations, and then a second package should be starting, I think, in early 2011. I do have a schedule which I would share with you. I didn't realize that would be a source of questions this morning so I didn't bring it with me. The planning is to complete the consfruction in the winter of 2013 and open in the year of 2014. Commissioner Regalado: According to documents that total -- estimated costs are $272 million. Ms. Thomas: Yes. We've put in absolutely everything that we can think of including paying for the team upfront for transitional costs. So, for example, in the bigger 300 million number, which is the one you will hear in terms of that's what we're fundraising for, I've included, for example, five million in operational support around the period of opening, something that was forgotten for the PAC (Performing Arts Center), for example, as you will remember, because there's a moment when you own your building but you haven't completed the fit out so you have no income coming in and you have expenditure going out, so our fundraising tries to cover for all those sorts of eventualities in an appropriate manner, so it's not just -- we haven't just given the construction cost so that next year we come back and say "Ooh, terribly sorry; we forgot about something." We genuinely tried to think of every eventuality, and I'm not saying there won't be any mistakes obviously, but we do think we can confidently move forward. And traditionally, on these sorts of projects -- and this isn't the first project I've worked on. The fundraising for exhibits, which is what the private fundraising is for, rarely happens before the walls are coming out of the ground. If everybody waits until we've raised the whole of the money, this project will never happen. I'll be quite frank about it. You need to get going, get the walls coming up. We have enough funding for the structure of the building, and the remainder will come later. So if you look at the aquarium, we've got the money for the tanks, we've got the money for the water treatment; we've got the money for the sea water coming in off the bay. We have everything except the fish and the trees, right, and the exhibit graphics. Those are the things that we need to fundraise [sic] for that. For the other exhibition spaces, we have the services coming to the exhibition spaces; the space is finished, butt haven't even started fundraising for those yet. I haven't been to anybody asking for money for it. So I think we're a long way off completion, I agree, but we're definitely on a good project that can deliver what the City will want and which will deliver a lot of jobs in the process. Commissioner Regalado: No, but -- Ms. Thomas: We've been very successful recently at delivering other grants. For example, we've City ofMiami Page 50 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 just been awarded a NASA (National Aeronautics and Space Administration) to develop virtual reality exhibits using the young people on our youth programs, so we're delivering a lot of good things that come into the community, and we fry and balance between activities that are happening now and investing in the future, and developing a project which will be very popular, which will have a wide appeal, and will bring a lot of people in, and have a very big economic impact. It just needs your support now. Commissioner Regalado: No. I know, but the documents sign on July 21, 2005 states the total cost is 272. You're saying -- Ms. Thomas: That's the thing around the project. Commissioner Regalado: No. I understand. Ms. Thomas: It's not the overall money that we're fundraising for. Commissioner Regalado: What you may say is minor detail, five million here, five million there, but the problem is that the perception of the public is that those big -ticket item, people are told, is going to cost this and then it jumps up to hundred million more and so forth and it takes time to start. I believe that you will be able to do some fundraising, I don't know how much, but my question specifically was about when can you start construction without showing that you have a significant amount to complete the GOB bond? Ms. Thomas: I think what we're trying to say at the moment is that we already have sufficient money to complete the construction of the building. Commissioner Regalado: Okay. I do agree with Commissioner Sarnoff. I think that we need to help you with the energy -- Department of Energy grant. The thing is that if we were to allocate the whole bonding money, you never have to come back to us for -- Ms. Thomas: I'm very happy to come back to you, Commissioner Regalado, any time -- Commissioner Regalado: But know that you would like to, but -- Ms. Thomas: -- you'd like to see me and do a presentation, as you know well. Commissioner Regalado: Thank you. Chair Sanchez: All right. Discussion on the item. Commissioner Gonzalez: All right. No. Chair Sanchez: Okay. No, no, don't leave. Come on back. Ms. Thomas: Sorry. Chair Sanchez: Look, I think that if there's one thing that we all want to accomplish here is to get the product done. Ms. Thomas: Yes. Chair Sanchez: And you know, it's going to be good for the community, it's going to provide a lot of jobs. However, I have to agree that there's some concerns now with the County taking away that money that might be a burden to you. Now, I just want to say that the voters approved it and we are committed to it. But think that based on what has been spoken here today, that's City ofMiami Page 51 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 $750, 000 from the County was for your operational funding, and that's going to be -- that could be a concern for us cause I think that if we don't somehow provide you with the funds, you're not going to be able to do it. However, I think that what has been proffered here by Commissioner Sarnoff is a good start for us to make sure that you don't lose that grant, that you continue to move forward, but the concern here is that -- we feel -- at least feel that you have not met your benchmark on what you're raising out there. So the last thing that we want to do is commit ourselves to a project that's going to linger on, possibly not be built, or be built and go through very painful adjustments that you'll be coming back to the Commission. In other words, help us help you to get the product [sic] done, but assure us that we do have a fiscal responsibility here to make sure that you're able to do it. The last thing thatl -- that we want to do here is to make sure that you lose any grant because those are additional fundings for you to build the product [sic]. So I think what has been proffered here today -- I don't know if the maker of the motion is going to accept the -- I believe it's 130, butl think only you need a hundred and -- I'm okay with 130 or 113. Commissioner Sarnoff Seven thirteen -- Ms. Thomas: No. It's 713 -- Commissioner Sarnoff -- 738, 000. Chair Sanchez: Seven hundred -- Ms. Thomas: That's right, yep. Chair Sanchez: -- seven hundred and thirty-eight? Unidentified speaker: Seven hundred and thirteen. Chair Sanchez: I'm okay with that. That's just a concern that we have. Ms. Thomas: Okay. IfI may just answer briefly on the operational support from the County. We are facing a cut of 700, 000, but it isn't a cut until the September Commission meeting, so -- Chair Sanchez: I think you're being very optimistic. Ms. Thomas: I'd like just to make that as a point that is clear. Chair Sanchez: I think you're being -- Ms. Thomas: We're planning for having it -- Chair Sanchez: -- a bit optimistic. Ms. Thomas: -- as a cut, but it isn't actually a cut yet. Chair Sanchez: Okay. So does the maker of the motion accept the amendment of 738? Commissioner Sarnoff The number, Commissioner Gonzalez, is 713, 625. Chair Sanchez: So you're changing it from 738 to 7 -- Commissioner Sarnoff 13,625. Chair Sanchez: Do you accept --? City ofMiami Page 52 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.3 09-00772 Department of Parks and Recreation Commissioner Gonzalez: I'll accept the amendment. Chair Sanchez: All right. Commissioner Gonzalez: I only have one question. I don't know ifI hear correctly, but you say this project will be completed by the year 2040? Ms. Thomas: 14. Chair Sanchez: 14. Vice Chair Spence -Jones: 14. Commissioner Gonzalez: Oh, 14. Ms. Thomas: Yes. Commissioner Gonzalez: Because I said 2040 -- Ms. Thomas: I have to say it myself Commissioner Gonzalez. Commissioner Gonzalez: -- I'll -- I will never attend that ribbon -cutting, I can assure you that. Chair Sanchez: All right. Commissioner Regalado: Well, listen -- Chair Sanchez: We clarified the opening date. Okay, it's a resolution. Commissioner Regalado: The South Dade Cultural Center is five years behind, so -- Commissioner Gonzalez: Oh, okay. Chair Sanchez: The all right. The maker of the motion accepts the amendment. It is a resolution. All in favor, say "aye." Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Congratulations. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH BRITTO CENTRAL, INC., FOR A TERM OF ONE (1) YEAR, WITH AUTOMATIC RENEWALS FOR ADDITIONAL ONE (1) YEAR TERMS UNTIL TERMINATED, ALLOWING THE CITY OF MIAMI THE EXCLUSIVE RIGHT TO PURCHASE AND SELL ITEMS AT GRAPELAND PARK USING AND INCORPORATING CERTAIN IMAGES FROM THE SCULPTURE LOCATED WITHIN GRAPELAND PARK CREATED BY ARTIST ROMERO BRITTO; RESCINDING RESOLUTION NO. 08-0312, ADOPTED JUNE 12, 2008, IN ITS ENTIRETY, WHICH AUTHORIZED A LICENSE AGREEMENT FOR THE MANUFACTURE OF MERCHANDISE FOR SALE AT GRAPELAND PARK. City ofMiami Page 53 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 09-00772 Legislation.pdf 09-00772 Exhibit.pdf 09-00772 Summary Form.pdf 09-00772 Resolution.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez RE.4 09-00773 Department of Capital Improvements Program R-09-0371 Chair Sanchez: All right, next item. Commissioner Gonzalez: RE.3. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. This is a resolution authorizing a purchase and sale agreement with Britto Central for exclusive rights to sell items using the image of the Britto sculpture of Grapeland Park. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: We have a motion. Do we have a second on this item? Commissioner Sarnoff Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO SHORELINE FOUNDATION, INC., FOR THE PROJECT ENTITLED, "MIAMARINA PIER NO. 5 REPAIRS AND DINNER KEY MARINA PIER NO. 3 REPAIRS, B-30325/60474A", FOR ADDITIONAL WORK FOR MIAMARINA PIER NO. 5 REPAIRS, IN AN AMOUNT NOT TO EXCEED $41,449.82, INCREASING THE CONTRACT FROM $1,194,050, TO $1,235,499.82; ALLOCATING FUNDS FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30325; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 54 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 09-00773 Leglislation.pdf 09-00773 Exhibit.pdf 09-00773 Summary Form.pdf 09-00773 Text File Report.pdf 09-00773 Economic Stimulus.pdf 09-00773 Bid.pdf 09-00773 Exhibit A.pdf 09-00773 Exhibit B.pdf 09-00773 Exhibit C.pdf 09-00773 Exhibit D.pdf 09-00773 Contract Execution Form.pdf 09-00773 Corporate Resolution.pdf 09-00773 Form Performance Bond.pdf 09-00773 Form of Payment Bond.pdf 09-00773 Power of Attorney.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0372 Vice Chair Spence -Jones: We move on to item number RE.4, authorizing an increase. Ola Aluko: Good morning. Ola Aluko, director of Capital Improvements, City ofMiami. This resolution authorizes an increase to the contract amount for additional services to the Miamarina Pier No. 5, Dinner Key Miamarina Pier No. 3 piers project. Vice Chair Spence -Jones: All right. Do we have a motion on this item? Commissioner Gonzalez: Move it. Mr. Aluko: I wanted to read the amount into the record. Vice Chair Spence -Jones: Okay. Mr. Aluko: The amount we're requesting is $41,449.82, which increases itfrom one million, one ninety-four to a total of one million, two thirty-five. Vice Chair Spence -Jones: Anything else? Mr. Aluko: That's all. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: We have a motion. Do we have a second? Commissioner Sarnoff Second. Vice Chair Spence -Jones: All in favor of this item? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. City ofMiami Page 55 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.5 09-00774 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO AND ON BEHALF OF ALEJANDRO ESPINOSA, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $225,999.43, IN FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI AND ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. 09-00774 Legislation.pdf 09-00774 Memo 1 pdf 09-00774 Memo 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0373 Vice Chair Spence -Jones: We move -- OlaAluko (Director, Capitallmprovements): Thank you. Vice Chair Spence -Jones: -- on to RE.5. Julie O. Bru (City Attorney): RE.5 is a resolution that seeks authority for settlement of all claims and dates of accidents alleged against the City ofMiami by Alejandro Espinosa. The amount would be $225,999.43. This is a worker's compensation claim. Commissioner Sarnoff So moved. Vice Chair Spence -Jones: We have a motion. Do we --? Commissioner Gonzalez: Second. Commissioner Regalado: Second. Commissioner Gonzalez: Okay. You got a second. Vice Chair Spence -Jones: We have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.6 09-00367 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED MARCH 3, 2009, City ofMiami Page 56 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 PURSUANT TO INVITATION FOR BID NO. 106061, FROM VARIOUS VENDORS IDENTIFIED IN "ATTACHMENT A," ATTACHED AND INCORPORATED, AS THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, ON A GROUP -BY -GROUP BASIS, FOR THE PROVISION OF CUSTODIAL SERVICES CITYWIDE, ON A AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; FURTHER DELEGATING TO THE CITY MANAGER THE ABILITY TO ADD OR DELETE FACILITIES PURSUANT TO SECTION 2.26 OF THE INVITATION FOR BIDS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00367 Legislation.pdf 09-00367 Exhibit.pdf 09-00367 Summary Form.pdf 09-00367 Tabulation.pdf 09-00367 Addendums.pdf 09-00367 IFB.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0374 Vice Chair Spence -Jones: RE.6. Commissioner Gonzalez: Move RE.6. Vice Chair Spence -Jones: Could you put something on the record? We have a motion. Commissioner Regalado: Second. Vice Chair Spence -Jones: We have a second. But can we also put something on the record? Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. RE.6 is a recommendation for award for custodial services citywide. This contract is for two years with options to renew for three additional one-year periods. We would like to -- also to seek City Commission approval that Section 2.26 allows for us to end up adding and deleting facilities that need custodial services. At this particular point in time, we would like to end up having that be delegated to the City Manager so when that need does come up, we can end up adding the custodial services. Vice Chair Spence -Jones: No problem. So we had a motion and a second on this item, right? Commissioner Regalado: Yes. Vice Chair Spence -Jones: Right, Madam Clerk? Priscilla A. Thompson (City Clerk): That's correct, yes. Vice Chair Spence -Jones: Okay. City ofMiami Page 57 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.7 09-00767 Downtown Development Authority Commissioner Gonzalez: I'll accept the modification. Vice Chair Spence -Jones: Okay. So -- Commissioner Gonzalez: I don't see a problem with it. Vice Chair Spence -Jones: -- Commissioner Gonzalez is accepting the modification, so I'm assuming that the maker of the motion needs now to -- Commissioner Regalado: Yes. Ms. Thompson: That was -- Commissioner Gonzalez is the maker of the motion. Commissioner Regalado: I second it. I accept. Vice Chair Spence -Jones: Okay. But is there a modifica -- Mr. Marcos: Yes. Vice Chair Spence -Jones: -- it's a modification, so -- Mr. Marcos: That slight modification to allow for the delegation to the City Manager. Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: So you're accepting the motion as modified? Commissioner Gonzalez: As modified, and we have a second as modified. Vice Chair Spence -Jones: And we have a -- all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE MIAMI DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; DIRECTING THE EXECUTIVE DIRECTOR TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE DDA'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. 09-00767 Legislation.pdf 09-00767 Memorandum.pdf 09-00767 Resolution 1.pdf 09-00767 Resolution 2.pdf 09-00767 Boundaries Designated.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 58 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0375 Vice Chair Spence -Jones: We move on to RE.7, DDA (Downtown Development Authority). Commissioner Gonzalez: DDA. Five mills. Commissioner Sarnoff Where's the Chair? Vice Chair Spence -Jones: Is there anybodyfrom --? Commissioner Sarnoff Where's the Chair? Vice Chair Spence -Jones: Actually, let me just move on to the next item because I would like for the Chair to also be here as well, so let me just move on to -- Commissioner Gonzalez: Yeah. Why don't you leave that for the afternoon? Vice Chair Spence -Jones: Yeah, I'll leave that for the afternoon. Pedro G. Hernandez (City Manager): Right. Vice Chair Spence -Jones: Okay. Let's move on -- Mr. Hernandez: Madam Chair, my understanding is that I believe the Chair had scheduled the item for the afternoon for 3 o'clock. Vice Chair Spence -Jones: Okay. So we're moving the item to 3 o'clock. Okay. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: All right, let's move on. "[Later...]" Chair Sanchez: Let's go ahead and take up RE.7. RE.7 is a resolution, and that is the DDA (Downtown Development Authority) millage. We have representatives from the DDA? All right, need a motion and a second. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: Is there a second? Vice Chair Spence -Jones: Angel. Commissioner Gonzalez: On the DDA millage? Well, I don't know. I said that I wasn't going to vote on any millage. You know, we don't have a budget. If we don't have a budget, how can we vote on a millage? Chair Sanchez: All right. But ifI may. Whether we vote on the millage for the City, if that is up, historically, we have always voted on a millage. However, I will hear the arguments from this Commission. However, we have always set the DDA millage. We can debate it back and forth whether there'll be a reduction, but it is paramount that we set forth the DDA millage today. City ofMiami Page 59 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Gonzalez: I know that has been the -- what we usually do, but it has been on normal circumstances, and we are not going to be in normal circumstances coming next September 30. Vice Chair Spence -Jones: So it's your suggestion to wait till you see the budget? Commissioner Gonzalez: Until we see the budget because -- Chair Sanchez: Well, that's -- that we don't have a choice. Commissioner Gonzalez: Yeah. Chair Sanchez: Madam Attorney, correct me if I'm wrong. I don't think we have a choice on the DDA -- I mean, we could lower it, if we want, but we have to vote on the millage. Meredith Nation (Deputy Director, Downtown Development Authority): Commissioner, ifI may? Chair Sanchez: Yes. Ms. Nation: Meredith Nation, deputy director, Miami Downtown Authority. Today, what we're seeking to do is to establish the maximum millage rate, not the final millage rate. The final millage rate will be set at the same time that you review the budget. Julie O. Bru (City Attorney): Okay. By operation of law, if this Commission does not set a proposed millage rate today to transmit to the County so that it can go out on the frim notice -- Chair Sanchez: The property appraiser will do it. Ms. Bru: -- the property appraiser will just set it for you at the rollback rate. Commissioner Sarnoff What's the rollback rate? Ms. Nation: Point 58. Chair Sanchez: Point 58. Ms. Nation: What we're seeking is 14 percent lower. Commissioner Sarnoff Well -- can I speak, Mr. Chair? Chair Sanchez: Sure. You're recognized for the record on RE.7. Commissioner Sarnoff The DDA's mill rate of .5 requires unanimous vote of this board. That mill rate will increase their budget to effectively $9.4 million? It's an increase over last year's gross taxable revenue. Ms. Nation: Yes. Commissioner Sarnoff Okay. It's my contention, and it will be throughout process, that everyone is going to have to take and accept a reduction in their compensation packages, and I've set up a guideline that I'm going to live with and that is, anybody in the City ofMiami making $250, 000 a year, should accept a 25-percent reduction; anybody making between 200 and 249, 000, should accept a 20-percent reduction; anybody who is making between 150 and 199.9, a 15-percent reduction; anybody making between 100 and 149, 000, a 10 percent City ofMiami Page 60 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 reduction; anybody making between 75,000 and 99,000, a 5-percent reduction; and anybody making between 60 to 75,000 would get a 1.5 percent reduction. I could vote for this mill rate if in fact, the DDA could assure to me that those savings will be passed on on capital improvement projects that would go directly into the respective district. Now, there are positions in the DDA, for instance, the '06 budget, people were making -- and I won't name them -- $99, 000 a year in that '06 budget who are now making $126, 000 a year. I'm effectively not really changing very much, but I am setting the tone, and I am setting the tenor -- sorry, it was 94,000 and now they're making in excess of $126, 000, so for -- they went from 94,000 to 126. The point of the exercise is not so much to put $57, 000, if you will, back on the street. The point is to regain the confidence of the taxpayer. The taxpayers have lost confidence in all forms and branches of government, and there's no secret out there to compensation packages. They're out. They're on the Internet. They're all over the place. And the compensation packages to the City ofMiami employees say the word "bloated" would be an unfair characterization. They're excessive. There are very few private entities that are making that kind of money. Eighty percent of our budget is compensation packages. We have more than enough people making in excess of 200, 000. You have quite a few people making in excess of 300, 000. Now, the DDA does not necessarily suffer from that particular problem. However, the DDA needs to regain the trust and the confidence of the downtown. I can effectively push this and vote for, which you require a 5-5 vote for this mill rate, if this was a commensurate reduction in salary. I see that we have Neisen Kasdin. Mayor Kasdin wrote an excellent editorial to the Miami Herald seven days ago where he pointed out quite clearly the bloated salaries and compensation packages of not only City of Miami employees, the governments in general, but he equally criticized his City ofMiami Beach department, or city, I should say. Chair Sanchez: Neisen Kasdin, you're recognized for the record. Neisen Kasdin: Thank you Mr. Chair and Commissioner Sarnoff. IfI may briefly address this. And I have to also start by saying that you are absolutely right that most government, 70 to 80 percent of the budget of general fund budget is composed of salary and benefits, and so if savings are to be achieved that's where it should be achieved, butt want to talk about the DDA, if particular, and how the DDA has been proactive and has actually reduced salaries over the last two -- each -- in each of the last two years, so we didn't wait for a fiscal crisis to occur in order to have control of our salaries, and our salaries have gone down from -- the salaries in 19 -- just to give you an idea, the salaries in 19 -- in 2005, 2006 were a million two fifty-seven; '06/'07, they went up to a million two sixty-seven; 7/'08, they went up to one million three twenty-one, and they went down in fiscal '08/'09 to 1,284,000; and down in fiscal '09/'10 to 1, 241, 000. So I only point that out because the point is correct, but I think we at the DDA took that to heart; didn't wait for a fiscal crisis, and right -sized our personnel costs. The other thing I would also say is that the personnel costs represent only 22 percent of our budget. The rest of that is -- some for space, but mostly capital projects and direct program costs and advertising, things like that. Commissioner Sarnoff How much of your budget is carried forward? You know what that -- you know what I mean by that? Mr. Kasdin: Yeah. And we do have -- Chair Sanchez: Rollover. Mr. Kasdin: Let me get that number. Commissioner Sarnoff Right. In other words, how much was appropriated but not spent -- Mr. Kasdin: One point -- City ofMiami Page 61 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff -- that was taxed that was not used? Mr. Kasdin: -- four million. Commissioner Sarnoff Okay. So -- and you've been doing that for a number of years. Mr. Kasdin: I don't know how many years. Commissioner Sarnoff IfI remember, your '05 budget had it, your -- Mr. Kasdin: Right. Commissioner Sarnoff -- '06 budget had it; your '07 budget had it. Mr. Kasdin: Yes. Commissioner Sarnoff So you've been overtaxing the people and holding on to the money. Mr. Kasdin: No. Commissioner Sarnoff what I would say is we've been -- Commissioner Sarnoff Judicious? Mr. Kasdin: -- very responsible. First of all, we have a significant fund balance. I think that's prudent. And that fund balance is approximately $4 million today. And by the way, I neglected to say our treasurer and chief financial -- our chair of finance, Al West -- Alvin West: And board member. Mr. Kasdin: -- is here, and I think he can better address some of these issues because he's on top of -- on a daily basis -- not a daily basis, but on a periodic basis. But the one thing I would say is that of that four million, a million is already committed to capital improvements for Brickell Avenue as part of the FDOT (Florida Department of Transportation) program; 600,000 of that is DOT (Department of Transportation) money. That exfra money is going to be used for capital projects. The population of downtown Miami has grown in the last five years by probably 20,000 people. There's increasing demand and usage and so we have -- what we've been doing with that money is saving that money to be used for the critical projects that are needed for downtown, and they're needed now more than ever. I completely see eye -to -eye with you in your view of fiscal responsibility. DDA's been doing that the last two years, Mr. Sarnoff. Chair Sanchez: Al, you're recognized. Mr. West: My name is Alvin West. I'm the treasurer of the DDA and board member. To Mr. Kasdin's point, yes, the monies that we have in reserve at DDA are for multiyear projects and, as an example, the Brickell project that he just mentioned. That's a multiyear project. We have way finding projects. Those are multiyear projects. So all of the money that we have have been committed to projects that we are doing this year that carries over to the next year and the year after that. As an example, DDA would not be able -- the FDOT, as an example, would not be able to fund and commit all of their resources to a project that we had for next year, so that project would carry over to the following year, but to answer your question, all -- with all -- all with the exception of a reserve that we have that the finance committee of the DDA suggested that we have because of cash flow purposes and because of a disaster recovery, and that's about $800, 000 of that money is for reserve for disaster recovery and for cash flow during the first four months of the year when those funds -- tax income is not coming in, so we need monies to operate. So that's pretty much what those dollars are for. City ofMiami Page 62 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: All right. Okay. Commissioner Regalado. Commissioner Regalado: Question to both. Don't you think -- this is a philosophical question -- that the DDS [sic] will better serve the stakeholders in downtown and Brickell by reducing taxes? The -- historically, whenever there is a crisis in the economy, what is done by the federal government and it was done in the '80s is to reduce taxes. It's the only way to pump up the economy, and what you're asking here is an increase of taxes for the downtown property owner. Now, you do need the funds to do the capital program, and frankly, I totally agree with Commissioner Sarnoff and his table. It is the table that any government funded private entity will have to use, anyone who got stimulus money will have to use. But don't you think that the best message to send is to tell the people in downtown, look, we are reducing taxes so you can -- sending a message that whenever the situation is bad for you and it's bad for everybody that we should not raise taxes, but reduce taxes. Because Meredith said, well, you know, what you're doing is setting the cap, but the perception that people will get or tomorrow's headline in the paper will be "Taxes go up for downtown Miami." Mr. West: Commissioner Regalado, the taxes are going downtown -- are going down in downtown, and it's averaging an 18 percent reduction. As values go down, our taxes are going down. Commissioner Regalado: True. Mr. West: We're not -- we -- there's no advertisement of tax increase because we're not increasing the millage to make up for the reduction in taxes. And so everyone will be paying less in taxes who was paying last year by 18 percent. The couple of things that I would like to add to that as well -- and this has been a constant rate since 1965. I would challenge anybody to show, a government jurisdiction in Miami -Dade County and probably most any other county anywhere in the state or maybe the country, where we actually had a reduction in our payroll expenses in each of the last two years. How many cities, how many government agencies have effectuated that? We understood we had to operate leaner. The criti -- there was valid criticism of the way the DDA was running. We took that -- of the 15 board members, I would say 12 or -- to 13 are new in the last two and a half years. We took those issues to heart. We reduced our administrative expenses, and now, of course, by virtue of the reduction in property values, everyone is going to get a property tax decrease. And one other thing I would say as well, and this ties in really to national trends. There is an opportunity now in this country for center cities to be important economic engines and job generators for metropolitan regions. The far-out suburbs, like the Homesteads of the world, are -- I wouldn't exactly say finished, butt would say that they're in deep trouble. People aren't moving there. People are abandoning homes. And there is a desire again -- and not only in Miami, but it's happening more in Miami than almost any other city in the country, to move back into the urban core, closer to the jobs, closer to transportation. We have an opportunity, at the DDA, if the money's spent judicially, to greatly enhance the attractiveness of downtown as a place for people to live and a place for people to work. There are two million plus square feet of office space coming online within the next year. It is critical that we fill that office space so that we can provide jobs not only for downtown, but for all the neighborhoods that's immediately surround downtown, as well as the entire metropolitan region. So we have an important mission. In these economic down times, the best stimulus, I think, we can provide for the City ofMiami and the metropolitan region is to have a vibrant downtown, which is creating jobs and is a great place to go. So I would respectfully request this is the time to invest. Commissioner Regalado: And I'm just saying, thank god to the auditor general that, you know, knock on your door and said this is going on, you know, and you all took action 'cause in the -- this was, I guess, two years ago, a year and a half ago that he had this audit. But my point was - - Neisen, my point was that the right message to send to the people is that, you know, government is holding your hand. Government is trying for you to make it. And we are reducing your taxes. City ofMiami Page 63 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 And you know what if besides reducing your taxes, we will give you services, too. And that's the whole point of government now. I mean, people are really struggling. Homestead, 24 percent drop in property values. The biggest property values ever in South Florida not only in Miami -Dade County, but in South Florida, the fri-county area, and you're right. But you know, the people are hurting. People are really hurting, and we need to understand that, so -- Chair Sanchez: Okay. Al, you want to add something? Mr. West: Commissioner -- yes, I will. Just to give you a couple of facts. If we look at the budget of the DDA and we look at the taxable value before new construction, the budget for the DDA would have gone down $700,000 with new construction, which pulled it back up $1.3 million, so that was a reduction in the taxes of the people in downtown, so -- and we show that the median property taxes paid in the DDA was $150. The average was 390. And 96 percent of the property owners in downtown paid less than $1, 000, so -- Chair Sanchez: Al, could you -- can you just touch upon the audit? I think the audit keeps coming back up. The audit has been -- it's been about two years, correct, just when I got there? Almost two and a half years. Mr. West: Yes. Chair Sanchez: The -- my understanding is, in working with you, that we have just about taken care of every issue on the audit -- Mr. West: Yes. Chair Sanchez: -- findings? Mr. West: Yes. All of the items, particularly those that relate to financial endeavors, would have been taken care of. Administratively, we are still taking care of some things that deal with personnel, filing, and making sure that we have procedures in place for keeping frack of our personnel -- our staff so that -- those are pretty much the only items that are open at this point. And as I understand it, the executive director has met with the internal auditor, and I think, from my understanding, we're pretty much on track, and we should have the full audit resolved within -- by the end of this fiscal year. Mr. Kasdin: May I (UNINTELLIGIBLE)? Chair Sanchez: Sure. And then we'll wrap it up. Mr. West: Mr. Chair, just to say one ore thing. I am only one member of the board, but I would also make to you, the members of the Commission, a pledge that any additional dollars that we receive this year as a result of the increase in property values will go -- I will only support it going towards capital projects or business recruitment, things that actual put -- bring jobs to downtown and improve conditions downtown. That's my own -- my personal commitment. Chair Sanchez: All right. I want to take this opportunity, Neisen, to praise you and Al and the entire staff at the DDA. It's been a pleasure working with the DDA. As the chair, as you have heard, we have taken the DDA and we have reformed it. We have made significant improvements at the DDA, as you have heard all the good news that have been spoken by some of the board members. I agree with Commissioner Sarnoff. Not only the DDA, but through the entire local government, we're going to have to cut, and you know -- although we'll address the millage cap today, we're going to have to address some very serious issues pertaining to our budget and the reductions, and we'll get to that when we get to that. But overall, the DDA has provided a good service. There's been a lot of improvements in downtown. A lot of the City ofMiami Page 64 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 merchants are content with the services. Some of the things that are out of our control, we continue to work with. But the greatest success that we've had there has been, for the first time, being able to work with the City Administration, with the Beacon Council, with the Chamber of Commerce, that that -- with the CRA (Community Redevelopment Agency), which was not accomplished in the past. In the past, everybody thought the DDA would take care of everything, and really, if you looked at it, although it had the crown for it, it wasn't able to meet all of the services that were out there. With the limited resources that we have -- and taxes did go down -- we have been able to accomplish a lot of things not only in downtown, but in the Brickell area. And the one thing that implore is to have each Commissioner, that you are invited to attend our meetings. I think the only one that sends a representation is Commissioner Sarnoff from his staff that sends a representative to our meetings. But if you go to our meetings, you see for the first time in many years the participation of partnering up with all the entities around to be able to maximize the funds that we have to be able to accomplish things. And you don't have to drive through downtown to see the big improvements. You have seen it on TV (Television) and you've heard about it. You don't have to go through South Miami Avenue and see the changes that have happened there because of the investments and the services that the DDA has provided. Our thing was when we came in that we had to reform the DDA. As I stated before, almost all the board members and you, we changed administrations. We made significant changes, bringing in more professional people, focusing on the little things that made a difference. And today, I'm proud to sit here and say that am proud to be the chair of the Downtown Development Authority, and the members that we have and the staff have done an incredible job at the DDA. So I implore with my colleagues to approve this millage. The money is being well spent, as you heard. There's been a reduction. And I do agree that not only the DDA, but everybody's going to have to sit down and reduce their salary, possibly even benefits, to make sure that we are able to accomplish a balanced budget at the end of this budget year, which is not going to be easy. So having said that, I call for a vote. Commissioner Sarnoff Mr. Chair, can I just say a few words? Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff First off I do want to commend you for your chairmanship of the DDA. It is a well -run organization. I want to commend the board members, and I don't want to think -- I don't want you thinking anything that I'm saying here is to disparage you in the least -- certainly the chair or any of the board members. You're a different DDA than the time I was elected to come onto this Commission. And you can actually see a tangible and viable change to downtown. And as they say, if you -- if the jockey on that horse and you win, whether you whip that horse or not, you're still the winning jockey, and Mr. Chair, you've done a great job managing the DDA, and I do commend you on that. My position is this. I think it's House Bill -- and I was going to ask the City Attorney for the HB (House Bill) bill -- requires us to have a unanimous vote to get to the mill rate that you want to go to, not a two-thirds vote, not a super majority; a unanimous vote. And the reason they did that was for everyone to be in agreement. I'm having a difficult time up here -- I know what I'm going to do budget time, and I'm going to be the first one to announce a number. We are $118 million in the hole. Chair Sanchez: That depend on the millage. Commissioner Sarnoff Well, that's the millage. Well, that's if we stay just where we are. And you know how we got there? Well, it's a big secret how we got there. So how is it thatl can approve a maximum mill rate and not ask anybody to feel any of the pain, any of the association with a slight reduction in their compensation 'cause I'm going to do it when it comes time for the budget? And I am more than willing to put my vote to the -- to this five five super majority vote - - unanimous vote, excuse me, but need to have a reassurance that there's going to be a reduction. City ofMiami Page 65 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: Can --? Commissioner Sarnoff And -- go ahead. Vice Chair Spence -Jones: Mr. Chairman, maybe I just missed it, but -- Chair Sanchez: Yes. Vice Chair Spence -Jones: Mayor D -- Neisen. Mr. Kasdin: Yes. Vice Chair Spence -Jones: Didn't you just said [sic] every year you've had reductions in salaries? Mr. Kasdin: In the last two years, we've had reductions in each of the last two years. Vice Chair Spence -Jones: And you're going to have reductions again coming this -- Mr. Kasdin: Yes. Vice Chair Spence -Jones: -- time around? Mr. Kasdin: Well, we had one in '08-'09 -- Vice Chair Spence -Jones: I mean, for the upcoming bud -- Mr. Kasdin: -- and we're having one in '09-'010 [sic]. Vice Chair Spence -Jones: -- upcoming budget, right? Mr. Kasdin: Yes, in total reduc -- total salaries. Commissioner Regalado: But he said reduction in personnel -- Vice Chair Spence -Jones: But he also -- Commissioner Regalado: -- and Commissioner Sarnoff is asking reduction in compensation for each employee. That's my understanding. Commissioner Sarnoff To the scale that I've mentioned. To the scale that I mentioned was anybody making 60,000 or above would have -- the scale that I mentioned was $250, 000, a 25-percent reduction. The good news is the DDA doesn't have anybody at that level. The 200 to 250,000 level, you equally don't have anybody there, and that would be a 20percent reduction. The 150 to 199,000 level, you have your director, and that should be a 15-percent reduction. The 100 to 149,000 level would be a 10percent reduction. The 75 to 99,000 level would be a 5-percent reduction. And the 60 to 75,000 level would be a 1.5-percent reduction. These are not large numbers. These numbers don't come to -- of course, when you're hitting that person, they think it's a large number. But let's say, for instance, I'm hitting the guy that's making $71, 000. We're talking about him giving back $900. Vice Chair Spence -Jones: Okay, but let -- I just want to be clear on what we're voting on, though. Okay, so are you saying, Commissioner Sarnoff that before you could vote on the millage now, you wantHr. Kasdin and the DDA staff now to put on record that they will do that? City ofMiami Page 66 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff Yes. Commissioner Regalado: Yes. Chair Sanchez: All right. Listen, it's fine, but we have an opportunity to approve their budget. We have an opportunity to -- Vice Chair Spence -Jones: I thought the -- Chair Sanchez: -- deal with the budget when it comes up and we could address that. The thing is that we need here, based on this for the rollback rate, which is a 14 percent less than the rollback rate, which is .5 and the rollback rate is .58, we don't need a supermajority. We just need three votes. If we could get that and you -- and the assurance that there're going to reductions -- there're going to reductions in every board in this City. There's going to be reduction across-the-board on everybody. Now, if they want to put on the record that there'll be Mr. Kasdin: Yeah. May I, Commissioner Sarnoff address that a little further and to the point that Commissioner Spence -Jones was raising? Number one, if you look at our number for the fiscal '07-'08 year to the number proposed for '09-'10 in personnel, that amounts to a -- about a 7-percent overall reduction in salaries. So we've accomplished a reduction in salaries. The other -- if we hadn't -- and if our salaries were going up or staying level, I wouldn't be able to -- I couldn't disagree with you. But the other point is we've also retooled the staff. There are not -- as you -- and Bert Gonzalez is at every single meeting. You've been very involved yourself, Commissioner, in the DDA's work in downtown. We have a lot of new people there. We have a new director of Planning, Javier Betancourt. We have a new -- you know, we have a new director of research. We have a lot of -- I think a third of the staff is new, you know. And so -- and these are like new -- and most of these are very new hires, so it's not as though they're people who have been with the agency for many years and their pay's been going up and up and up and up and up. They're new people who were brought on recently at a specific salary, so to cut them would be tough. The final two points I'd like to make is, I mean, I don't think we have authority here -- 'cause we're not the board -- to say, you know, we're going to cut anything more standing here at this table. We certainly can take the message back to the board that if we can reduce salaries or benefits any more, that we would need to do that. And the final point is, I think, because we are notgoing to the -- we're notgoing above the rollback rate, I don't think it requires unanimous -- Chair Sanchez: It doesn't. Mr. Kasdin: -- vote. Commissioner Sarnoff I have a paper here that says unanimous vote .05 mill rate, $5,355,900; collections, $4, 713,192. I'm merely reading from your board notes. Chair Sanchez: Madam Attorney. Ms. Bru: I can read you from the statute. I can't do the math, though. But a rate of not more than 110 percent of the rollback rate, based on the previous year's maximum millage rate adjusted for change in the per capita Florida personal income, may be adopted if approved by a two-thirds vote. The unanimous vote is if the rate is in excess of 110 percent. So -- and it appears from the resolution -- I haven't done the math -- that it's -- Chair Sanchez: All right. City ofMiami Page 67 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Ms. Bru: -- 14.19 -- Chair Sanchez: Fourteen point reduction -- Ms. Bru: -- percent less. Mr. Kasdin: Yeah, less. Unidentified Speaker: Fourteen point nine less. Chair Sanchez: -- than the rollback. Yes. All right. Commissioner Sarnoff Well, you know what I'll do? I'll signify to you that will -- you'll have my support, but you hear my message clearly -- Mr. Kasdin: Loud and clear. Commissioner Sarnoff -- because there will be an approval of your budget, and I will tell you this -- and I like everybody that works there. I don't want to -- I don't want anybody to take away from this thatl think somebody's not doing their job. What I'm frying to get is a connection between government and the private sector. The private sector pays our bills. The private sector is hurting. The private sector is not seeing the type of compensation that the public sector is seeing. I said this, and we checked our notes -- and by the way, this is -- every time we discuss budget or the Marlins, I've been saying the same message from the day I got on this dais. There is a taxpayer revolt, and they're coming. And what do you have in front of you? You have a taxpayer revolt, a recession, and people want to see government respond to that. And part of the response is to give the taxpayers back their own money so they can make their own decisions. It's an odd thing for government to do, but on the other hand -- you get my point. I will support you for this, butl do expect to see a budget that takes into consideration not just the fact that you reduced your personnel by 30 people or 10 people or 5 people, but those people themselves put some skin in the game with the rest of the taxpayers who are feeling the pinch and want to know that they're shouldering the burden themselves. Mr. Kasdin: Commissioner Sarnoff -- ifI may, Mr. Chair -- Chair Sanchez: Yes. Mr. Kasdin: -- just say briefly. Chair Sanchez: And let's wrap it up. Mr. Kasdin: I will, but do have to --I completely agree with you, Commissioner Sarnoff, because, as someone who's in the private sector, everyone in the private sector, everyone, every business -- Commissioner Sarnoff Is hurting. Mr. Kasdin: -- not only is hurting, but is experiencing reduction in compensation and benefits, every business. So your message is absolutely right on. The only -- I would say that we have actually -- Commissioner Sarnoff You said you got ahead of me. Mr. Kasdin: We got ahead. City ofMiami Page 68 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.8 09-00451 Office of Strategic Planning, Budgeting, and Performance Commissioner Sarnoff Right. Mr. Kasdin: We did the right thing. We've reduced 7 per -- by 7 percent personnel compensation in the last two years, and we will take your message back to the board and see if we can reduce overall personnel costs even more. Chair Sanchez: And their budget will come in front of this Commission for approval. All right. Having said that -- did we get a second? No? We need a second. Commissioner Sarnoff Second. Commissioner Regalado: I'll -- Chair Sanchez: Second by Commissioner Regalado. Commissioner Regalado: -- second. Just mention, you may not, as board members, make a decision here, but we have Meredith. She's the assistant director. She can recommend -- just to make it more official, she can recommend to the board that Commissioner Sarnoff table be discussed at the board level because it's all about the message. Mr. Kasdin: Yes. Commissioner Regalado: It's all about the message. You know, DDA not only deals in pavers and trees and streets. It deals with image, and it deals with public relations, and it deals with trust. And like you said, every -- in the -- one of the radio stations that I work on, it's a national company, and they have done a cut not on personnel, but on salaries of 30 percent. Mr. Kasdin: So everyone can keep their jobs. Commissioner Regalado: And the big morning personalities and the disc jockeys have just bite the bullet because they understand what is going on because advertising has gone down. So, I mean, it would be nice that you put on the record that you will be bringing that to the board. Mr. Kasdin: Commissioner, I'm glad you recognized Meredith, who is on loan from [sic] us from the City because she's such a penny-pincher that she's taken away the cookies and the -- and everything because she views -- and water, you name it -- her position at the DDA as if she's running her own household, and she's got to keep an eye on expenses. Commissioner Regalado: Now you move from the -- that floor to the ground level, hopefully. Chair Sanchez: All right. There's a motion and a second. We are on RE. 7. It's a resolution. It's proposal millage for the '09-'10 Miami DDA. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It passes, 4-0, with the absence of the Vice Chair. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009. 09-00451 Summary Form.pdf 09-00451-Attachment Page.pdf City ofMiami Page 69 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones RE.9 09-00792 District 2- Commissioner Marc David Sarnoff Note for the Record: Item RE.8 was deferred to the Commission meeting currently scheduled for September 10, 2009. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE REQUEST BY THE COCONUT GROVE VILLAGE COUNCIL TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS TO PLACE THE SLATE OF CANDIDATES FOR ELECTION TO THE COCONUT GROVE VILLAGE COUNCIL ON THE NOVEMBER 3, 2009, CITY OF MIAMI ("CITY") ELECTION BALLOT AS AN OFFICIAL CITY BALLOT QUESTION, AT THE APPROPRIATE PRECINCT(S), CONTINGENT UPON: 1) THE COCONUT GROVE VILLAGE COUNCIL MEETING ALL CRITERIA SET FORTH BY THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS AND 2) THAT THERE WILL BE NO ADDITIONAL COST TO THE CITY AND IF A COST IS IMPOSED, THE COST WILL BE PAID BY THE COCONUT GROVE VILLAGE COUNCIL PRIOR TO THE SLATE OF CANDIDATES APPEARING ON THE CITY BALLOT. 09-00792-Legislation-SUB.pdf 09-00792-Exh i bit. pdf 09-00792-Email-Gail A. Dotson.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0376 Commissioner Gonzalez: RE.9. Vice Chair Spence -Jones: RE.9. Is there anybody from the Coconut Village Council or anybody from the staff that's going to --? Commissioner Sarnoff I'll make the motion -- Vice Chair Spence -Jones: Okay. Commissioner Sarnoff -- (UNINTELLIGIBLE). It's -- Commissioner Gonzalez: I'll second the motion. Commissioner Sarnoff Thank you. Vice Chair Spence -Jones: We have a motion and a second. All in favor? Priscilla A. Thompson (City Clerk): Excuse me. I'm sorry. We want to make sure, ifI'm not mistaken, we have substitute resolution for this item? City ofMiami Page 70 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: Madam City Attorney, do we have a substitute? Julie O. Bru (City Attorney): Yeah, there is a substitution just to clarify, and let me read the title. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And that's the -- the substitution is that just to make it clear that it'll be at no cost to the City and that the Village Council will have the opportunity to decide whether or not to go ahead with it, in the event that there are costs. Commissioner Sarnoff I thought they required, correct me if I'm wrong, Madam City Attorney, that the cost not exceed $10, 000. Ms. Bru: I think the Village Council has proffered that they have up to $10, 000 to spend in this election and that's fine, and we -- you know, we put that on the record, but you know, the important thing is that it'll be at their option whether or not to proceed if the costs are in excess of $10, 000. Commissioner Sarnoff Okay. Ms. Bru: Yeah. Commissioner Sarnoff So I'll remake the motion, as amended -- Vice Chair Spence -Jones: Amended. Commissioner Sarnoff -- or as -- how do you want to play it? Vice Chair Spence -Jones: Modified. Commissioner Gonzalez: It's modified. Ms. Thompson: It's modified. Commissioner Sarnoff Modified. Vice Chair Spence -Jones: Okay. So we have a -- he's amending or modifying the motion. Do I have a second on that? Commissioner Gonzalez: I'll second the modification. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. RE.10 09-00702 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO THE PROPOSAL OF THE HIGHEST -RANKED FIRMS, PURSUANT TO RESOLUTION NO. 08-0669, ADOPTED DECEMBER 11, 2008, FOR THE PROJECT ENTITLED "MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT (MIAMI NICE)", FOR ADDITIONAL SERVICES, IN AN AMOUNT NOT TO EXCEED $165,000, City ofMiami Page 71 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 THEREBY INCREASING THE CONTRACT FROM AN AMOUNT NOT TO EXCEED $132,500 TO AN AMOUNT NOT TO EXCEED $297,500; ALLOCATING FUNDS FOR SAID INCREASE, FROM SPECIAL REVENUE PROJECT 15500.101000.531000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 OR AMENDMENT NO. 2., AS APPROPRIATE FOR EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00702 Legislation.pdf 09-00702 Exhibit 1.pdf 09-00702 Exhibit 2.pdf 09-00702 Exhibit 3.pdf 09-00702 Exhibit 4.pdf 09-00702 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0377 Vice Chair Spence -Jones: We move on to RE.10, Miami NICE (Network for Integration, Compassion and Empowerment). Carlyn Jacques: Carlyn Jacques, project director for Miami NICE. The City ofMiami Office of Economic Initiative, under the Miami NICE program, wishes to present a resolution to accept the remaining dollars for program year one in the amount of $165, 000 from the Department of Health and Human Services to continue to provide coaching, training, organizational development, and operational skills to assist the smallest nonprofits remain strong operationally in order for them to continue to provide service to the needy in their community. Vice Chair Spence -Jones: All right. I know I have discussions on this item, so -- but do we have a motion and a second on it? Commissioner Sarnoff I Vice Chair Spence -Jones: Commissioner Gonzalez: Commissioner Sarnoff L Vice Chair Spence -Jones: Commissioner Gonzalez: Vice Chair Spence -Jones: Commissioner Gonzalez: Vice Chair Spence -Jones: Gonzalez. Commissioner Gonzalez: 11 move it. Okay. I have a motion by Sarnoff. Do I have a second? I have my doubts. et's have a second just for discussion then. Second for discussion. Okay. And have concerns on it, too. Yeah, I'll second it for discussion. So I'll -- I'm going to defer to you right now first, Commissioner Yeah. My concern is, Mr. Manager, we're looking to make serious City ofMiami Page 72 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 and deep cuts -- Vice Chair Spence -Jones: Cuts, yeah. Commissioner Gonzalez: -- in our budget, and every time that see a consulting item on the agenda, I really -- it really scares me because I don't if we're really taking serious the situation that we're in, but this is one of the areas that we're going to have to start cutting, on consulting, you know. I mean, every non -for -profit, they have to find their own consultant or they have to go to college by their own or go to university or whatever, and they have to start learning or reading books or reading manuals or reading -- but you know, this consulting trend that we have had in the City, it has to stop. It has to stop, and it really concerns me, you know. We don't know what we're going to be facing. We have an idea of what we're going to be facing, but we don't know for sure what we're going to be facing September, and here we are in July spending money on consultants, you know. My personal belief is that would like to defer this item until we have a budget, until we know exactly what we're going to do. Commissioner Sarnoff But isn't this a -- is this a grant? I apologize. Vice Chair Spence -Jones: This is a federal grant -- Pedro G. Hernandez (City Manager): Right. It is a grant, and it's -- Vice Chair Spence -Jones: -- though we have to provide a match. Mr. Hernandez: -- in essence, is a pass -through through the City so it's not monies or that we -- it's not our money and it's not really -- we're not hiring anyone. We're not hiring consultants. Commissioner Sarnoff Let me build on what Commissioner Gonzalez says. Is there any way that this money could go directly to then a CBO, a Community Based Operator [sic]? In other words, are we middle manning them and not giving them operational dollars? Ms. Jacques: These dollars are specific -- when -- it's not for a program. Commissioner Sarnoff Okay. Ms. Jacques: This money is to help them build -- bolster their infrastructure. So we do need consultants with those expertise to help those organizations. We -- Commissioner Sarnoff Yea. I know. We -- you and I -- I actually know (UNINTELLIGIBLE) Philadelphia, and we should all congratulate you on going to the City of Brotherly Love, and I actually learned a lot in my meeting with you. My understanding of this is that this was not operational dollars that could not be used by a community based operator [sic], but were dollars from the federal government to teach -- and I love these words -- capacity building, technical assistance, and words that never knew before existed, and spent, I think, an hour with you -- Commissioner Gonzalez: But if -- Commissioner Sarnoff -- and learned all this, so is Commissioner Gonzalez's concerns -- would -- could any of this money go directly to a community based operator [sic]? Commissioner Gonzalez: Will you yield because I have another question that's going to follow in your -- Commissioner Sarnoff Sure, I'll yield. Absolutely. City ofMiami Page 73 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Gonzalez: -- same line of thought? Vice Chair Spence -Jones: You're recognized. Commissioner Gonzalez: What we're talking about here is 200 -- Mr. Manager. Vice Chair Spence -Jones: Mr. Manager. Commissioner Gonzalez: How many employees do we have in this department? Ms. Jacques: Two. Commissioner Gonzalez: Two? Ms. Jacques: Yes. Commissioner Gonzalez: What is the budget of their department? Ms. Jacques: What is the what? Commissioner Gonzalez: The budget. Mr. Hernandez: The budget for the department. Careline Romain (Grant -Funded Program Specialist): My name is Careline Romain. I'm the new director. The total budget for the program is $600, 000. Commissioner Gonzalez: How much? Ms. Romain: It's $600, 000 is the total budget. Vice Chair Spence -Jones: That's from the grant. Ms. Romain: That's from the grant. Vice Chair Spence -Jones: (INAUDIBLE) -- the federal grant. Ms. Romain: This is not the City's dollars. It's a federal grant. Commissioner Gonzalez: Eight hundred thousand dollars? Vice Chair Spence -Jones: Six -- Ms. Romain: Six hundred thousand dollars. Ms. Jacques: Six hundred. Commissioner Gonzalez: Six hundred thousand dollars. Ms. Romain: The federal government give us $500, 000, and we received money from the Children's Trust matching funds to make up for the rest. Vice Chair Spence -Jones: (UNINTELLIGIBLE). Commissioner Gonzalez: So everything -- all the money that you receiving is from -- is actually City ofMiami Page 74 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 from out of the City. You don't -- Vice Chair Spence -Jones: Yes. Commissioner Gonzalez: -- receive any money -- Ms. Romain: That's correct. Commissioner Gonzalez: -- from the general fund? Ms. Romain: Yes. And to answer the Commissioner's question regarding giving the money directly -- Commissioner Gonzalez: All right. Ms. Romain: -- to the community based organization, the City have a -- the City applied for the grant, so therefore, the City is responsible. And then we have a contract with the federal government to manage those dollars, so we couldn't give the money directly to the community based organization because we're basically managing the process since we applied to them. Vice Chair Spence -Jones: Could you put your name on the record, please. Ms. Romain: My name is Careline Romaine, and -- Commissioner Sarnoff Let me -- Ms. Romain: -- I am the new -- replacing Carlyn. Commissioner Sarnoff You're the Philadelphia replacement. Ms. Romain: Yes. Commissioner Sarnoff Let me refine Commissioner Gonzalez's question 'cause I want to take it to the nth degree. The 100,000 you received from the Children's Trust, could that have gone to a community based operator [sic] operationally? Ms. Romain: The grant required that we ask for matching dollars, so what the Children Trust did basically, they matched the funds so that we were able to get the money from the federal government 'cause the -- Commissioner Sarnoff No. I -- Ms. Romain: -- the application required that we have matching dollars to support it. Commissioner Sarnoff Here's -- he asked a good question, but there's another question to ask, and that is -- you know, obviously, there's no real objection to the City ofMiami having a department which, of course, is fund by a federal department; we all like that, but then the question next -- needs to be asked, could this money have been used for another source of funding? Could it have gone to -- direct -- he's concerned about the community based operators [sic]. Could it have gone directly to the community based operator [sic]? Ms. Romain: Well, the dollars -- the grant dollars -- the reason that we have the grant is to be able to bill -- the word infrastructure -- basically to allow is small non profit organization to be stronger so that later on they can go to the federal government and apply for themselves, so we work with the small non profits to build their infrastructure, to provide them the skills -- City ofMiami Page 75 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff I -- right. But answer my question. So this money could not have gone directly to -- Ms. Romain: No. Commissioner Sarnoff -- a CBO? Ms. Romain: Because if-- it's like you talked about, when we met we had a discussion about "Didn't they write a business plan prior to opening the business?" No, they did not. We are assisting them write a business plan so that they can be viable, to ask the federal government to ask for money in order to continue to serve the needy. Commissioner Sarnoff Okay. Commissioner Regalado: But on the Children's Trust, there's no way that anybody can say that this money cannot be used for this or for that because the Children's Trust have their own board. You present the grant. You make the case, and they decide on any case, so the allocation to the City, those $100,000 could gone -- could have gone to other -- the Children's Trust does not have -- and I know how they work. Robert Ruano (Director, Grants & Sustainable Initiatives): IfI can -- Commissioner Regalado: Excuse me. They does [sic] not have any money that says this can only be used for this. They have categories of programs that you can apply to, and the City -- I believe that the City has not been proactive -- very proactive with the Children's Trust since we - - with all the property taxes, I believe that we support, I think, like 35, 40 percent of the total budget of the Children's Trust with the property taxes in the City ofMiami. But you know, those $100, 000, we cannot say that cannot be used for other things. They can. Because they're coming from the Children's Trust. Children's Trust does not have regulations like HUD (Department of Housing and Urban Development) in terms of you cannot use this for that. And ifI may, the City has not been proactive in getting HUD waivers for CBOs or for social services, which we had in the past in this City, so -- I mean, this -- you know what? I believe what Commissioner Gonzalez says, that we should just hold on to this until everything is looked at it, and then decide on whatever steps to take. Mr. Hernandez: Commissioner, ifI may. It's important that we put on the record these are federal monies that are coming to us for an earmark or a specific purpose. If we don't take the -- Commissioner Regalado: I'm not talking about the federal money. I was talking about the $100, 000 from the Children's Trust. Mr. Hernandez: The problem is that if we don't use the 100, 000 for this purpose, then we, in essence, lose the federal grant. Vice Chair Spence -Jones: It goes along with it. Mr. Ruano: Commissioners, ifI could. Robert Ruano, director of Grants and Substantial Initiatives. When we applied for this grant -- this is probably the third or fourth time the City applied for this grant and was denied for several years. We came together with the Children's Trust, Miami -Dade County, and Alliance for Human Services at that time, and other groups, and then they committed dollars so that this community could get this grant because it had not gotten it in the past, so these dollars were specific to getting this match. If we decide not to accept this grant or accept the match from the Children's Trust, we will need to not accept this grant and then we cannot provide these services to the non profits. And the capacity building services are City ofMiami Page 76 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 kind of -- some of the things you were saying today of these small organizations that are struggling -- and this is the way to help them. This is the way to give them expertise in these difficult times to get them past it. Vice Chair Spence -Jones: Commissioner Regalado, if you don't mind me just chiming in. I mean, I think that Commissioner Gonzalez original concern -- and I think that he cleared it up in the midst of asking was whether or not the City was going to have any fiscal impact. That's really what he wanted, and I guess you made it clear that the City's not putting any money out, so I think that that, you know -- that would alleviate us having to wait till budget to really make a decision on something like that. I think that that's what his intentions were. If there is [sic] monies coming from us, then we would definitely need to wait on it. You know, I've been preaching since, you know, I've been on this board how important it is to provide training, capacity -building training for a lot of these CBOs. This is -- the reason, you know, for -- a lot of the issues that we have, you know, with projects or funding of programs that we have given resources to these organizations is that they don't have the training to -- they may have great intentions, but many of them have not -- do not have the necessary training to -- in order to operate their organizations. So I believe in training. I believe in technical assistance, andl believe in capacity building so that at least you put these organizations in an arena where they can sustain themselves and not have to depend on the City or get in trouble. So I don't have a problem with the issue ofMiami NICE, and I don't have a problem now that my colleague has cleared it up that there's no money coming from us. My only concern from this -- and I expressed this to the folks from Miami NICE -- is that when I look at the organizations that are receiving the support -- you know, and I said this earlier. I think it's extremely important that you speak to the area Commissioners up here. I don't know how you're going about identifying the organizations that need assistance, and I know for instance, in my district, I've had a couple of CBOs that have had serious issues with managing and operating their CBOs, and when you guys -- when we first approved this thing, it was told to me on the dais, "Commissioner Spence -Jones, no. That's why Miami NICE is here. We're going to work with these organizations," and none of the organizations that have had issues or problems have been addressed with this program. So I just want to make sure that -- you know, at this point, I don't want us to lose money because we cannot, as a city, afford to lose any money, any resources, any grants that we have. That doesn't make any sense, but do want to make sure -- because times are getting tough, because times are getting hard that the only thing we can provide our citizens and our constituents that we serve is these type of grants or these type of services to assist them. And I just -- when I look at this list, you know, from this current year -- and I understand you have to service the whole county, you know, but at the same time, I would expect for there to be some sort of communication happening with us as disfrict Commissioners, to find out what agencies really need a lot of help. And I can just tell you, when I look at some of these agencies within my district, I mean, I don't even know who they are, you know, so -- just because I don't know who -- Ms. Romain: Right. Vice Chair Spence -Jones: -- they are, doesn't mean that, you know, they don't need help. But just think that it's extremely important that you talk to the people that actually represent the people that -- you know, of those particular communities, and that's my only concern. Ms. Jacques: Okay. We have reached out to each Commissioner's office so that we can get the list of organizations in your Commission disfrict so we can reach out to them, but this is a competitive process. Everyone has applied for a grant, and they had to fit the eligibility criteria with a minimum budget of 50,000 and a maximum of 500, 000, and we have to go through our review process, and those that are the highest ranked are the ones that do get the grant. Vice Chair Spence -Jones: Right. And I want to negate process because you -- City ofMiami Page 77 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Ms. Jacques: Right. Vice Chair Spence -Jones: -- do have to have a process, butt mean, I -- unless it went -- I'm very active in what happens in my district -- Ms. Jacques: Right. Vice Chair Spence -Jones: -- especially when it comes to CBOs, and I know for a fact thatl asked the question over and over again, every time this comes up, what's going on with, you know, Miami NICE? When am I going to --? We have -- I mean, we could have submitted a list of organizations that need help. Ms. Jacques: Okay. And we'll be reaching out to you -- Vice Chair Spence -Jones: Okay. Ms. Jacques: -- guys again. Vice Chair Spence -Jones: So that is my issue and my concern. Ms. Jacques: Okay. Vice Chair Spence -Jones: But Commissioner Gonzalez, have we addressed your issue now that it's not affecting -- or having a fiscal impact in any kind of way? It's not really a budgetary issue. Commissioner Gonzalez: Yeah, sure. Vice Chair Spence -Jones: We just want to make sure our concerns are put on the record. Commissioner Gonzalez: Yeah. Vice Chair Spence -Jones: I don't have a problem with this item now that he's made it clear. Commissioner Regalado, are you fine with it, now that it's not having a fiscal impact on our budgets, one way or the other? We're not budgeting on this item at all. Commissioner Regalado: It's -- Commissioner Gonzalez: Call the question. Commissioner Regalado: -- not about that. Vice Chair Spence -Jones: Call the -- Commissioner Regalado: It's not about -- Vice Chair Spence -Jones: He's asking me to call the -- Commissioner Regalado: -- the fiscal impact. It's about the message that is being sent, and I still think -- because you know what? We never know. We don't know yet. Maybe the office of that program has to be consolidated with another office, and we don't know that. I'm just following -- look, don't -- it's very easy to be nice, Miami NICE, and approve and everything and fine and then when we take some strong action, then the Administration say, "Well, you know, you haven't not given us flexibility and all that, " but we're sitting here not serving the Administration; we serve the people, so you know, this is a warning to you, you know. You keep City ofMiami Page 78 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 doing this, but you're going to have to bite the bullet when we take hopefully important decisions even today or in September during the budget hearing, so it's up to you, so -- Vice Chair Spence -Jones: Okay. I think -- Commissioner Regalado, I think we kind of cleared it up, and I do understand Commissioner Regalado's viewpoint on this issue. But I think that once we've talked about it and discussed -- I think we can call this to question. I mean, if this -- we just want to make sure our input is included on this issue, and after that, I think we're all fine with it. So let's call the question. Commissioner Gonzalez: Call the question, Madam Chair. Vice Chair Spence -Jones: Do we have a motion on this item? Priscilla A. Thompson (City Clerk): Yes, we do. Vice Chair Spence -Jones: We had a second as well? Ms. Thompson: Yes, we do. Vice Chair Spence -Jones: Okay, so all in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. RE.11 09-00710 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $50,000 FOR A TERM OF TWELVE MONTHS TO SUPPORT YEAR TWO OF THE MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT ("MIAMI NICE") PROGRAM, WITH ONE ADDITIONAL RENEWAL FOR YEAR THREE FROM THE CHILDREN'S TRUST, AS A CONDITION OF THE MIAMI NICE COMPASSION CAPITAL FUND GRANT AWARD PURSUANT TO RESOLUTION NO. 07-0641, ADOPTED NOVEMBER 9, 2007; APPROPRIATING FUNDS FOR SAID INCREASE, TO SPECIAL REVENUE PROJECT NO. 15500.101000.531000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM TO IMPLEMENT THE ACCEPTANCE OF SAID MATCHING FUNDS. 09-00710 Legislation.pdf 09-00710 Exhibit.pdf 09-00710 Summary Form.pdf 09-00710 Pre Legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0378 Vice Chair Spence -Jones: And I think the Chair -- City ofMiami Page 79 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Gonzalez: RE.11. Chair Sanchez: Yes. Vice Chair Spence -Jones: RE (Resolution) -- oh, actually -- Commissioner Gonzalez: Eleven. Vice Chair Spence -Jones: Eleven? Commissioner Gonzalez: Yes. Pedro G. Hernandez (City Manager): Eleven. Priscilla A. Thompson (City Clerk): Yes. Vice Chair Spence -Jones: Okay. I think that the Chairman -- you want to go ahead and take this real fast? Chair Sanchez: Take what? Vice Chair Spence -Jones: Okay. Let's go ahead and do RE.11, which is the matching funds, Children's Fund. Commissioner Gonzalez: To accept. Vice Chair Spence -Jones: Huh? Mr. Hernandez: To accept. Commissioner Gonzalez: It's to accept matching fund. Vice Chair Spence -Jones: To accept, right. RE.11. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Do I have a motion on this item? Commissioner Gonzalez: Move RE.11. Commissioner Sarnoff Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. RE.12 08-01400 RESOLUTION City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, SUBJECT TO THE ENACTMENT OF LEGISLATION AMENDING THE MIAMI ZONING ORDINANCE TO PERMIT LED SIGNS, THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED City ofMiami Page 80 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 FORM. 08-01400 Legislation 5-28-09.pdf 08-01400 Exhibit 7.23.09 SUB.pdf 08-01400 Summary Form 5-28-09.pdf 08-01400-Submittal-Photos-Commissioner Sarnoff.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0380 Chair Sanchez: What's the next item on the agenda? Vice Chair Spence -Jones: So we're going to go through some more? Commissioner Gonzalez: RE -- Chair Sanchez: Yes. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: --12. Priscilla A. Thompson (City Clerk): Twelve. Vice Chair Spence -Jones: RE. 12, we just -- I just said we're -- Commissioner Gonzalez: That's going to be defer [sic]? Vice Chair Spence -Jones: Until after 3 o'clock. Pedro G. Hernandez (City Manager): No. I believe -- it's after 3 o'clock? Vice Chair Spence -Jones: Yeah. "[Later]" Chair Sanchez: All right. RE. 12. RE. 12 is a settlement, Clear Channel. We ready on that? Pieter Bockweg (Assistant to Senior Director of Building, Planning & Zoning): Good afternoon. Pieter Bockweg, project manager. This is a settlement agreement between the City and Clear Channel. It's been before you a couple of times. We've made four simple amendments to -- amendments, which I'll put on the record now. Instead of three LEDs (Light -Emitting Diodes), it'll be four and a half the half being a poster -sized LED. The number of structures to be removed, instead of 13, will now be 17. And the compensation has increased to where it was a flat rate of $15, 000 a year before, it will now be $15, 000 for the initial seven years, then it will get bumped up to 5,000 -- $20, 000 for the next seven years, and then, ultimately, it will cap at $25, 000 per face. And those are the amendments to the resolution. Chair Sanchez: All right. Sir, you're recognized for the record. Felix Lasarte: Commissioner, Felix Lasarte, with Clear Channel Outdoor, at offices 5835 Blue Lagoon Drive. Joining me is Mr. Jeffrey Andres from Clear Channel Outdoor. Commissioners, City ofMiami Page 81 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 this item has been before this board several times. We've been negotiating with the City for approximately two years on this item. We've had this item come before you in May, and it's been deferred for further negotiations. The last time we were here, which was in the middle of the month ofJune, the issue came down to aesthetics and how could we improve on the look of these signs. We came up with a design, and we went ahead and asked our general engineers in Arizona to come up with a design that's only going to be used in Miami. It's going to be unveiled in Miami, and I'm sure you've seen it, and it's a brushed aluminum look. And all the LED signs which we are going to put are going to have this brushed aluminum look. Let me tell you -- and I think it's important to clarify that this -- the way these signs are designed, they will be hurricane proof. They are graffiti -- you could clean them up if you have a graffiti situation, and also, the signs, when it comes to -- as far as you're going to try to destroy them to maybe scrap out the metal, you would basically have to take a blowtorch to them. They don't disassemble easily. So the sign, we believe, is going to be an improvement to what's there. I know it's been shown through the Manager's office to all of you, and I know we've received some positive feedback. We also went a step further. We also made this deal better for the City economically. So not only did we deal with the aesthetic issues, we also dealed [sic] -- we also dealt with the issue of economics and improved on that. Not only are we doing the $5, 000 increases at the year seven and fourteen, but there's also a CPI (Consumer Price Index) provision which also will escalate yearly on these, I guess, four and a half boards that we're going to be putting up. I want to say that we've negotiated in good faith with the City, Commissioner Sarnoff. We've met with him various times. I know he's had his concerns. We've met with the Manager's office, Mr. Pieter Bockweg. We've done extensive negotiations over the last two or three months. And I could tell you, in a negotiation, you know, we've been bloodied. It's been a tough negotiation. Everyday we've been in contact with the City, and we really tried to put our best foot forward in trying to do something that addresses your concerns, the issues with aesthetics, and also giving you more revenue. And I'm not sure if everyone is satisfied with the deal, but could tell you this, that we've negotiated very hard, and I think whenever you negotiate hard, I don't think everybody's happy, but think it's a deal that we think is a good deal for the City. We believe it's also a fair deal for us, and we really have tried to address all of your concerns in a very respectful and diligent manner. With that, I'm going to conclude my presentation, and I'll be here to answer any questions that you may have. Chair Sanchez: All right. What was the last issues that -- Vice Chair Spence -Jones: Can I --? Chair Sanchez: -- were worked out? Vice Chair Spence -Jones: I just want to see the poles. How were they changed? Chair Sanchez: 'Cause -- Mr. Bockweg: Mr. Chairman, I would like to add that this is -- Chair Sanchez: -- until a couple of days ago, this was not -- this goose wasn't fully cooked. Mr. Bockweg: I just want to mention on the record that this will be added to the amendment as "ExhibitK." The -- Chair Sanchez: Okay. Mr. Bockweg: -- new retrofit. Chair Sanchez: So what's the -- what was the final agreement? City ofMiami Page 82 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. Bockweg: The final agreement is four and a half LED faces; 17 structures will be coming down, and the compensation is increased incrementally for $5, 000 after the seventh year and the fourteenth year with the max being $25, 000, not including CPI. CPI runs on that yearly after the third year, which has never changed since the original time the amendment was before you. Chair Sanchez: Okay. What's the maximum wind capacity? Mr. Lasarte: The -- this could withstand, if I'm not mistaken, a Category 5 hurricane. Chair Sanchez: Okay. Have we -- have you entered into an agreement with the City as to how you're going to outfit them, the process, how it's going to be done? Mr. Lasarte: Yes. We -- it's spelled out in the amendment to the settlement agreement when we go out and we -- Chair Sanchez: That didn't change? Mr. Lasarte: No. What we're doing is we're -- whenever we go in for our LED permits, it sets up a schedule of which signs we have to remove and that we are going to put -- these new LED signs, they're going to have this new brushed aluminum look to them, and that's in the agreement. Mr. Bockweg: And Mr. Chairman, of course, the new retrofit style does have to follow the Florida Building Code. It has to apply to the Florida Building Code. And they will put those new retrofits up when they come in for the LED permit. That will be part of their permit -- building permit for the LED structure. Chair Sanchez: All right. Is there a motion? Commissioner Regalado: So move. Chair Sanchez: It's a resolution. Commissioner Sarnoff Second. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: So move. Chair Sanchez: -- by Vice Chair Spence -Jones, second by Commissioner Sarnoff. Discussion. Commissioner Regalado: Thank you, Mr. Chairman. I think, finally -- I was a little nervous yesterday when the Manager said that they weren't ready because I was thinking, well, whatever money we get, we can budget for next year. And it's important to at least understand, number one, that, you know, area Commissioner has been satisfied with taking down some billboards, but also, to understand that we can, if this is approved, budget this new revenue because this is a new revenue, and it doesn't have to do anything with taxes. So it's a good thing that it's brought back and we thank you guys for the Administration and the company and Commissioner Sarnoff for reaching an agreement. Thank you. Chair Sanchez: All right. No further discussion on the item. It is a resolution, if I'm not mistaken, modified. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 83 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Mr. Lasarte: Thank you. Commissioner Sarnoff Nice job. RE.13 09-00491a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPANDING THE SCOPE AND COMPOSITION OF THE CITY OF MIAMI VETERANS' ASSISTANCE PROGRAM GROUP, CREATED PURSUANT TO RESOLUTION NO. 06-0323, ADOPTED MAY 25, 2006, TO INCLUDE MEMBERS OF THE COMMUNITY TO MAKE RECOMMENDATIONS CONCERNING UNITED STATES VETERANS. 09-00491 a-Legislation-SUB.pdf 09-00491a Summary Form.pdf 09-00491a Pre Legislation.pdf SPONSOR: VICE CHAIR SPENCE-JONES Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0379 Chair Sanchez: Okay. All right. Listen, RE -- Vice Chair Spence -Jones: 13. Chair Sanchez: --13. Vice Chair Spence -Jones: This is basic -- I'm sorry. Chair Sanchez: RE.13. Let's try to get some of these items out of the way that are noncontroversial. In that way, we'll make up ground for the agenda so we could later on address the millage. Hector Mirabile: Very well, sir. Hector Mirabile, director of Department of Employee Relations. RE.13 is a resolution of the City ofMiami Commission expanding the composition of the City ofMiami Veteran's Assistance Program Group, created pursuant to resolution number 06-0323, adopted May 25, 2006, to include members of the community to make recommendations concerning the United States veterans. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Okay. Vice Chair Spence -Jones: Small discussion. Chair Sanchez: There's a motion and a second. The motion has been made by Commissioner Gonzalez, second by the Vice Chair. The item is under discussion. It is a resolution, not City ofMiami Page 84 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 requiring a public hearing. Item under discussion. You're recognized for the record. Vice Chair Spence -Jones: Yes. I just wanted to make sure that we were all clear on this. I think we all are in support of this item. We're basically just expanding an existing task force that we had to include additional things. As you know, we have a lot of soldiers returning back home. I'm not just talking about the veterans that are already here, but soldiers that are returning back home that can't find a place to live, can't find jobs, that are being targeted for whatever reason, and I really do think that we really -- if we don't address this issue, we're going to have a huge problem not just in the City ofMiami, but I think across the country. So this task force will look at several issues and bring back to the City Commission -- identify, hopefully, federal funds that could be made available, all kind of things to assist our veterans. So I look forward to working with Hector, his office, in pulling this whole task force together. And I believe Hector is also a veteran himself or active duty himself so he understands the challenges that have taken place as far as the soldiers are concerned. My only concern on Section 4, are these the four areas in which we're going to identify individuals to be on the task force? Mr. Mirabile: Those are in addition to the ones that were already identified in the previous ordinance. That just expands the -- it broadens the various networks that we can have. Vice Chair Spence -Jones: Okay. Mr. Mirabile: It doesn't limit it just to those. It -- the Manager can select -- Vice Chair Spence -Jones: We can add more to it, if we want? Mr. Mirabile: Correct. Vice Chair Spence -Jones: Okay. No problem. I just wanted to make sure. Chair Sanchez: All right. There's already been a motion? Ms. Thompson: Yes. Commissioner Gonzalez: Yes. Chair Sanchez: Second. The item's under discussion. Madam Clerk. Ms. Thompson: I just want to make sure. I was handed a document, so I am showing this particular resolution as being modified; is that correct? Commissioner Gonzalez: No. Chair Sanchez: No. Commissioner Gonzalez: There's no modification. Chair Sanchez: It's the same resolution. Koteles Alexander (Legislative Policy Advisor): Yes, it is. Chair Sanchez: Is it being modified? Mr. Alexander: Yes. Chair Sanchez: How is it being modified? City ofMiami Page 85 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: How is it --? Mr. Alexander: Disfrict 5 -- to include the reference to Disfrict 5. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: Okay. The so modification is to include Disfrict 5. Ms. Thompson: Thank you. Chair Sanchez: Okay. So as amended or modified, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Resolution was approved, 5-0. RE.14 09-00708 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE PROCUREMENT OF ENERGY SAVINGS CONTRACTING, FROM VARIOUS VENDORS, AS LISTED ON "ATTACHMENT A", ATTACHED AND INCORPORATED, EMPLOYING THE STATE OF FLORIDA ENERGY PERFORMANCE CONTRACTING PROCESS, AS MAY BE AMENDED, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 973-320-08-1, EFFECTIVE THROUGH DECEMBER 31, 2012, WITH THE OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEAR PERIOD, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS ENTERED INTO BY THE STATE OF FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE MOST HIGHLY QUALIFIED ENERGY PERFORMANCE CONTRACTOR SELECTED FOR EACH PROJECT OR BUILDING; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00708 Legislation.pdf 09-00708 Exhibit 1.pdf 09-00708 Exhibit 2.pdf 09-00708 Exhibit 3.pdf 09-00708 Exhibit 4.pdf 09-00708 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0381 Chair Sanchez: Next item on the agenda I believe is -- City ofMiami Page 86 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.15 09-00813 District 3- Chair Joe Sanchez Commissioner Gonzalez: RE.14. Chair Sanchez: -- RE.14. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: Well, let's put something on the record. Glenn Marcos: Thank you, City Commissioner. Glenn Marcos, Purchasing director. The item before you is a piggyback off of state of Florida contract number 973-320-08-1. It is for energy -savings contracting. This contract is effective until December 31, 2012, and it has an option to renew for an additional five-year period. Most of the funding that will be used for this contract will be part of the American Recovery and Reinvestment Act. The City ofMiami has been allocated $4.742 million from the federal government. Chair Sanchez: Okay. Is there a motion? The motion's been made by the Vice Chair. Ms. Thompson: Correct. Chair Sanchez: Is there a second? Vice Chair Spence -Jones: So -- Ms. Thompson: Yes. Commissioner Gonzalez: All in favor. Call the question. Chair Sanchez: There's been a motion. No, there's not been a second. Ms. Thompson: There was a motion by Vice Chair, second by Commissioner Gonzalez. Chair Sanchez: All right. For the record, there's been a 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. It passes, 5-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 25TH AVENUE FROM SOUTHWEST 7TH STREET TO SOUTHWEST 8TH STREET, MIAMI, FLORIDA, AS "MANOLO CAPO WAY;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00813 Legislation.pdf 09-00813 E-mail.pdf 09-00813 Map.pdf City ofMiami Page 87 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0382 Chair Sanchez: All right, RE.15. RE.15 is a resolution that had requested the Administration to put forth. It is a codesignation of a street in Southeast 8th Street and 25th Avenue. As most of you know, the cofounder of El Dorado Furniture, Manuel [sic] Capo, one of the largest Hispanic -owned retail store in the United States passed away peacefully in his sleep July 10. He was 83 years old. And there is an American story. It is an American story by this family, who left Cuba to come to this great country, and they left in a boat to Mexico, and the boat's name was El Dorado. Vice Chair Spence -Jones: El Dorado. Chair Sanchez: And they basically came to this country like many immigrants, who did not have much, and they really made a name for themselves and the company they represented. They did it by focusing on the American value, of working hard, of believing in family and having faith in the good Lord. As you are aware, that is the largest owned retail store in the United States. They have -- as a matter of fact, they came back to the roots and opened their store on 8th Street. That is one -- by far, one of the business that consider to be signature store in Calle Ocho, and basically, he was truly a great man, a great friend, and somebody who really cared a lot about this community. So it is with great pride that think all of my colleagues will support us in giving him the greatest honor one could have in having a street named after him on 8th Street because truly, if he demonstrated one thing was that by working hard in this country, you could accomplish anything you want to do, and they did it. Because if you look at their stores and if you go there, it's family -owned, and they give a true meaning to the word "family," and that's something that I'm -- we should all be very proud of and it's with great honor that present this resolution, which is a resolution of the City ofMiami Commission codesignating Southeast 25th Avenue from Southeast 7th Street to Southeast 8th Street, Miami, Florida, as Manolo Capo Way. Commissioner Gonzalez: Second. Chair Sanchez: All right. There is a motion -- I mean, you're -- you have the Chair. I made the motion; he seconds it. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Chair Sanchez: All right. And we -- Vice Chair Spence -Jones: Is the family here? Chair Sanchez: -- will -- yes, the family's here. Vice Chair Spence -Jones: If they can stand, that'd be great. I'd love to see them. Chair Sanchez: Yes. Thank you. Applause. Chair Sanchez: And you would all be invited to that unveiling of the name of that street, which I City ofMiami Page 88 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.16 09-00814 Department of Capital Improvements Program think will be -- a lot of people will be attending that. Vice Chair Spence -Jones: She's calling you. Priscilla A. Thompson (City Clerk): I'm sorry, Chair, but I just received notification that the name should be Manolo. Chair Sanchez: Manolo. Ms. Thompson: Yes. Not Manuel, but -- Chair Sanchez: We have changed it, yes. Ms. Thompson: Okay. Thank -- Chair Sanchez: I stated it, correct it -- -- corrected it on the record. Ms. Thompson: Then I'll have a modified resolution. Thank you. Chair Sanchez: Okay, so it's a modified resolution clearly stating Manolo Capo Way on 8th Street. All right, it's been passed. Thank you so much. We look forward to the naming of the street to honor your father, and thank you so much for what you've done for this community. God bless you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING FUNDS FROM THE MIAMI SPORTS AND EXHIBITION AUTHORITY, IN THE TOTAL AMOUNT OF $8,708,471, CONSISTING OF $350,000 FOR THE MELREESE GOLF CLUBHOUSE PROJECT, B-30566, $350,000 FOR THE LITTLE HAITI CARIBBEAN MARKETPLACE RENOVATION PROJECT, B-30671, $4,900,000 FOR THE STADIUM SITE PARKING GARAGE PROJECT, B-30648, AND $3,108,471 FOR THE MARLINS STADIUM SITE PROJECT, B-30153J (COLLECTIVELY THE "PROJECT"), AS PART OF THE CITY'S CONTRIBUTION TO THE PROJECT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY REQUIRED DOCUMENTATION RELATED TO THE TRANSFER, RECEIPT, AND ALLOCATION OF SAID FUNDS TO THE RESPECTIVE CAPITAL IMPROVEMENT PROJECT ACCOUNTS. 09-00814 Legislation.pdf 09-00814 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Regalado and Spence -Jones Absent: 2 - Commissioner Sarnoff and Sanchez R-09-0386 Chair Sanchez: Okay, moving along. Vice Chair Spence -Jones: Yeah. Mr. Chairman, RE.16 -- not -- RE.16, we're moving to 3 o'clock. Chair Sanchez: All right, so RE.16 will be taken up in the afternoon? City ofMiami Page 89 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: Okay. "[Later...]" Chair Sanchez: Does that take care of all of the items besides PZ? Priscilla A. Thompson (City Clerk): No. We have RE.16. Mr. Hernandez: Right. Commissioner, Mr. Chairman -- Chair Sanchez: Oh, RE.16. We're waiting for the County. Mr. Hernandez: -- that's the one that I asked you to basically wait 'til the end of the meeting -- Chair Sanchez: Okay. Mr. Hernandez: -- on RE.16. Chair Sanchez: We'll pick it up. Just remind us at the end of the PZ items. "[Later...]" Vice Chair Spence -Jones: I think -- Tony Recio: Good night. Vice Chair Spence -Jones: -- we want to go ahead and close out on this Commission meeting, but I believe we have RE.16 that we still need to vote on. Can I get a motion on that item? Commissioner Gonzalez: Move it. Commissioner Regalado: On what? Vice Chair Spence -Jones: RE.16. Commissioner Gonzalez: RE.16 (INAUDIBLE) -- Vice Chair Spence -Jones: Melreese Clubhouse. Commissioner Regalado: Oh, okay. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.17 09-00815 RESOLUTION District 3- Chair Joe Sanchez A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT BARACK OBAMA AND THE UNITED STATES CONGRESS TO ADOPT THE MILITARY READINESS ENHANCEMENT ACT OF 2009 (H.R. 1283), WHICH City ofMiami Page 90 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 ELIMINATES THE "DON'T ASK, DON'T TELL" POLICY AND, AMONG OTHER THINGS, ADOPTS A POLICY OF NON-DISCRIMINATION ON THE BASIS OF SEXUAL ORIENTATION WITHIN THE UNITED STATES ARMED FORCES; DIRECTING CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS RESOLUTION TO PRESIDENT BARACK OBAMA, SPEAKER OF THE HOUSE NANCY PELOSI, SENATE MAJORITY LEADER HARRY REID, SENATORS BILL NELSON AND MEL MARTINEZ AND THE MIAMI-DADE COUNTY UNITED STATES CONGRESSIONAL LEGISLATIVE DELEGATION. 09-00815 Legislation.pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0383 Chair Sanchez: All right. RE. 17. RE. 17 is a resolution. Sir, you're recognized for the record. Good to have you here. Matthew Sampson: Yes. Thank you. My name is Matt Sampson. I'm a Miami resident at 555 Northeast 15th Street. I'm here to speak on the resolution of the City ofMiami Commission urging President Barack Obama and the United States Congress to adopt the Military Readiness Enhancement Act, which eliminates the "Don't Ask, Don't Tell" policy. I'm also a member of the -- service members of the Legal Defense Network. We represent members of -- currently serving who are being discriminated against under the "Don't Ask, Don't Tell." I have a personal story of living under "Don't Ask, Don't Tell." My partner was a officer in the Army, and having to live a lie -- a life of a lie under secrecy under the "Don't Ask, Don't Tell" ultimately led to the demise of our relationship and no person willing to die for his country and those who live within its borders deserve to feel like they aren't serving with honor. There are rules that govern the behavior called the Uniform Code ofMilitary Justice. All uniform service members are obligated to abide by these rules of conduct, but "Don'tAsk, Don't Tell" add an additional burden to the estimated 60,000 gay/lesbian and bisexual service members currently serving all over the world ready to make the ultimate sacrifice so that people they have -- they have never met can live on -- with the pursuit of happiness as protected by our Constitution. This archaic and discriminatory law has resulted in the loss through the discharge of nearly 13,000 service members since it was implemented in 1993, and these discharges are included Arabic linguists, pilots, medics, and others that have held critical skill sets. These are selfless American citizens who have not only had their careers taken away, but have also had their dreams shot, dignity dragged through the mud, and their families torn apart. An estimated 4,000 service members do not en list or choose not to reenlist every year because of ban. Military units have lost valuable personnel and wasted an estimated 360 million in discharge proceedings, not to mention the cost of training, replacement recruits in order to answer today's challenges overseas and at home for true military readiness. We need to fully -- we need a fully -staffed military, inclusive of all those able-bodied and willing to serve. We must often put aside personal interests and belief for the benefits of a whole. In this case, the strength of our nation's military, as it is on the line. So I want to make sure that leave you with those three numbers: 313 discharges this year under "Don't Ask, Don't Tell"; 14,000 service members since 1994, and an estimated $360 million that our country has spent discharging these members. Ileana Ros-Lehtinen is a cosponsor, as was Debbie Wasserman Schultz of this bill, and Representative Kendrick Meek. We would like Miami to be on the right side of history here, as well as the City ofMiami Beach, which has also passed a same resolution, Wilton Manors and Oakland Park. Thank you. Chair Sanchez: Okay. We're joining those elected officials. As you stated before, the "Don't Ask, Don't Tell" has disharged, according to the records, you say 14,000? City ofMiami Page 91 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 RE.18 09-00768 Office of Strategic Planning, Budgeting, and Performance Mr. Sampson: That's right. Chair Sanchez: --14, 000 men and women, and nearly about 800from critical skills in the service. Mr. Sampson: That's right. Those include service members that are on the ground in Iraq and Afghanistan. Chair Sanchez: Currently, right now, if you keep abreast of the news, the armed forces are not meeting their recruitment. They're not meeting their recruitment as to the people they're frying to recruit. I think that there should be no discrimination for anyone who is an American to fight for their country and there should be no discrimination at that. So based on the information and working with those elected officials, we take great pride in presenting this resolution to be adopted here, clearly sending a message urging President Barack Obama and the Congress to adopt the Military Readiness Enhancement Act of 209 [sic], which has a House Bill of 1283. So therefore, Madam Attorney, could you read this ordinance into the record to be approved by the City Commission and sent to Washington? Julie O. Bru (City Attorney): Mr. Chairman. Chair Sanchez: So I moved. So moved. Commissioner Sarnoff All right. We have a motion. Do we have a second? Ms. Bru: Do you want me to read this, the resolution? Chair Sanchez: Yes. Ms. Bru: Okay. The Resolution was read by title into the public record by the City Attorney. Commissioner Sarnoff All right. We have a motion, we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sanchez: All right. At this time -- Commissioner Sarnoff It passes, 4-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION COMPUTING A PROPOSED MILLAGE RATE FOR THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010; DIRECTING THE CITY MANAGER TO SUBMIT SAID PROPOSED MILLAGE RATE TO THE MIAMI-DADE COUNTY PROPERTY APPRAISER AND THE TAX COLLECTOR TOGETHER WITH THE DATE, TIME AND PLACE OF THE PUBLIC HEARING AT WHICH THE CITY COMMISSION WILL CONSIDER THE PROPOSED MILLAGE RATE AND THE CITY OF MIAMI'S TENTATIVE BUDGET FOR SAID FISCAL YEAR. City ofMiami Page 92 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 09-00768 Legislation.pdf 09-00768 Summary Form.pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones Noes: 2 - Commissioner Sarnoff and Regalado R-09-0384 A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to defer item RE.18 to a special commision meeting scheduled for August 3, 2009 at 9:00 a.m. A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to defer item RE.18 to a special commision meeting scheduled for July 31, 2009 at 9:00 a.m. A motion was made by Chair Sanchez, seconded by Commissioner Gonzalez, and was passed, with Commissioner Regalado voting no, directing the Mayor andAdministration to present a budget based upon the 7.6740 percent millage rate. Chair Sanchez: What we're going to do is we're going to take a recess for lunch. Commissioner Gonzalez: Before you recess for lunch, I just want to make an announcement, Mr. Chair. With all due respect, I just want to let you know that I won't be voting on the computing proposed millage 2009/2010 today because I haven't seen a budget from the Mayor yet, and until a see a budget from the Mayor's office, I will not be voting on the millage. I don't know how much money we're going to need. I don't know if we have enough money, so if we don't know how much money we need to have in order to run the City, how am I going to vote establishing a millage? I will -- Chair Sanchez: All right. Commissioner Gonzalez: -- not vote on the (UNINTELLIGIBLE) -- Chair Sanchez: You stated it on the record. Commissioner Gonzalez: -- so you know -- I'm telling you so you know that I won't be sitting here at the time of that item comes up. Chair Sanchez: Okay. But when the item comes up, we'll address that at that time. Okay, we're going to recess for lunch. We're going to come back at 2 o'clock for the shade meeting that was properly advertised. We should be done, hopefully, in about a half an hour, hopefully, and then we could come down at 2:30, or if we're done by 3 o'clock, we'll come down and continue the order of the day, which is the agenda, and then we'll get to the PZ (Planning & Zoning) items, and hopefully, if everything goes well today, we'll be out of here, hopefully, by 5 or 6. All right, City ofMiami Commission meeting stands in recess. "[Later...]" Chair Sanchez: Okay. I've been asked by the City Manager to take up RE.16 at the last -- as the last item. Apparently, we're waiting from [sic] some feedback from the County. Okay. As we move on, we got to deal with the proposed millage for '09-'10, City ofMiami. Okay. We got to deal with it. City ofMiami Page 93 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Gonzalez: As I express early -- Commissioner Regalado: Mr. Chairman. Commissioner Gonzalez: -- this afternoon, I'm not going to be voting, so I'm going to be stepping out of the dais. Chair Sanchez: Well -- Commissioner Gonzalez: Specific -- and I just want to tell you that I just heard a few minutes ago when I came back from lunch that the County did exactly what proposed today. The County proposed to wait until they get their budget from their Mayor and then work on the millage. Chair Sanchez: All right. Commissioner Regalado: Mr. Chairman. Chair Sanchez: As the Chair -- Commissioner Gonzalez: That is my position. Chair Sanchez: -- my understanding is that if we do not set the millage rate, we would be in default. And under Florida Law, the property appraiser will set the millage at the rollback rate - Commissioner Gonzalez: At the rollback rate, yeah. Chair Sanchez: -- which we are looking at 8.9. You're looking -- based on the formula thatl saw, that's an increase to our taxpayers of $77, and this City's going to be short $74 million, okay. Now we have a responsibility here. I don't have a problem waiting and see how you want to handle -- but don't think -- I think, historically, we have always set a millage. This is not the final millage. We could set a millage that may have a neutral impact and direct the Mayor, who has not turned in his budget yet, to come back with the 7.6 current millage. But my concern is -- and I want to hear from the Administration and from our department heads -- that if we don't take any action here, you know, the property appraiser's just going to set a millage and that's it. And that's the concern that have. So, at this time, Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chair, you're totally correct. If we don't take an action here and the County has to have a millage from the City ofMiami in order to have it as part of their frim, the property appraiser will be, based on Florida Statutes, selecting the rollback rate. That's what will happen. I'm going to ask Mike Boudreaux, our Budget director, to, in essence, go through a brief introduction and recommendation as to what we feel, you know, should be done, and we can go from there. Chair Sanchez: Before you do that, I believe Commissioner Regalado had a question. Commissioner Regalado: No. I think that the Chairman is right, that we have to make a decision. And I, for one, believe that the City has to take leadership, the Commission has the responsibility. I agree with Commissioner Gonzalez that we should have the budget or at least an idea of the budget because in today's Herald, you read that the City has a 40- to $50-million deficit. However, in the briefing, you said 117, different scenario, 74 or 67, and it doesn't actually matter because the property tax deficit is not a great part of the deficit as a whole. It's only the six -- one -sixth of the deficit. So the problem is not in what we're doing here today. The problem is in what we have to do during August and September to reach October. I am ready to City ofMiami Page 94 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 vote. And to tell you the truth, I think that what we saw in the DDA is, for me, the same thing. I am only supporting to keep it as it is, for the reason that the people ofMiami will be getting a break, and it is time for the people to get a break. I understand that you have different scenarios where you keep it flat and then the people don't pay one dollar more, but the point is that governments are supposed to represent the people, and this is a time for the people to get a break in this difficult moment. So I cannot just support anything else but giving the people a break and having the millage at the same rate that we had last year, which will mean a saving -- a modest saving for the homeowner of around $100. Now we do not have authority over the other taxing authorities, you know. The Children's Trust, you know, is asking for five cents more in each one thousand dollar. The board has not approved that. The School Board has a proposal, but the board says no. The County, with a rollback, we don't know. But it's important to send the message, at least to the residents of the City, that we're about ready to give them a break. So that's all, Mr. Chairman. Chair Sanchez: All right. You're recognized for the record, sir. Michael Boudreaux: Mike Boudreaux, director, Management and Budget. Commissioners, RE.18 is a resolution to establish the millage rate caps for the fiscal year ending September 30, 2010, at a general operating millage rate of 8.9918 mills and a debt service millage rate of 0.6595 mills. Based on these millage rate caps, the total millage rate would be capped at 9.651 mills for fiscal year 2010. The proposed fiscal year 2010 general operating millage rate cap for the City ofMiami is 1.318 mills or 17.2 percent higher than the current general operating millage rate of 7.6740 mills. The proposed fiscal year 2010 debt service millage rate for the City ofMiami is 0.0792 mills or 13.6 percent higher than the current debt service millage rate of 0.5803 mills. This resolution further directs the City Manager to submit said proposed millage rates to the Miami -Dade County property appraiser and the tax collector, together with the date, time, and place of the public hearing at which the City Commission will consider the proposed millage rate and budget for the said fiscal year. Vice Chair Spence -Jones: Can --? Chair Sanchez: All right. Okay, Vice Chair Spence -Jones. Vice Chair Spence -Jones: Mr. Chairman, I -- Mike, the County was just having -- just had their hearing on this whole issue, and I think that one of the main things that came up in theirs is that they -- just like Commissioner Regalado stated, I'm almost sure they were saying over there that they would prefer to have the budget first and deal with the budget first before they set -- Is there a -- is it a timeframe of today that we must vote on that -- on this? Mr. Boudreaux: Well, typically, Commissioner, we set the millage rate cap -- Vice Chair Spence -Jones: Typically. Yeah, right, but -- Mr. Boudreaux: -- before we -- Vice Chair Spence -Jones: -- is there anything holding us to it that we have to vote on this today? Mr. Boudreaux: Yes. The -- Vice Chair Spence -Jones: That this -- Mr. Boudreaux: I'm sorry. The frim deadline requires that a millage rate cap be established and submitted to the property appraiser's office by a specific date. Vice Chair Spence -Jones: What's that date? City ofMiami Page 95 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. Boudreaux: The first -- the -- before the -- I'm sorry. Hold on one second. I believe before - Vice Chair Spence -Jones: Because I want -- Mr. Boudreaux: -- August 1. Before the August 1 submission of the -- Vice Chair Spence -Jones: Okay. 'Cause they just had a big discussion on this in the County and they decided to, to my understanding -- I might be wrong -- but to wait on it until they went through their budgets. Mr. Boudreaux: Well, if you don't submit a millage rate to the County's property appraiser's office and failure to do so will require the property appraiser to calculate -- Vice Chair Spence -Jones: I know, to set it. Mr. Boudreaux: -- a rate -- Vice Chair Spence -Jones: Right. That's what I wanted to be clear. Are you sure that date is August 1 ? Mr. Boudreaux: Well, the frim notices have to go out in the month ofAugust to all property owners, and the trim deadline is established that says that we have to get our information to the County by a specific date. I'm sorry I don't have the date here in front of me right now to give to you, butt will get back with you to let you know the date. But there is a trim dead -- timeline for everything to be submitted to the property appraiser. Chair Sanchez: All right. Okay. Mr. Hernandez: Mr. Chairman, just to clarify on what Michael just said, that, yes, normally and in years past, the City Commission votes on a millage cap at this time prior to the deadline set by the County. However, as you said initially when we opened the discussion, if there is no action taken by the City Commission, then, in essence, by Florida Statutes, that's a default to the property appraiser at the County who, in essence, will set the rollback rate as the millage cap. And I wanted to -- just to clarify that. Right, Mike? Mr. Boudreaux: Yes, sir. Chair Sanchez: Look, Mr. City Manager, with all due respect, I think we understand that. The whole process here is that we don't have a budget to go by. What we're going by is based on millage rates, comparables based on your report. So if you look at where we're at with the numbers and you look at the current rate right now, our current millage, based on the numbers that we're getting from your department, is it at 7.6 percent, our current millage, which is right now 7.6, is a savings to our taxpayers of $95 in taxes. But -- and hear me very clearly -- for us to have a balanced budget, we are looking at $118 million in reduction, $118 million in reduction from a budget of 525, okay. But there're options. We today can set the cap, and that cap -- if we don't, it is made very clear that if we don't take action here, then based on our default, the County appraiser is the one that sets the millage, and he will set it at the rollback rate, which is 8.9 percent. That's an increase of $77 to our taxpayers. And the City has a shortfall in their budget of $74.5 million. So take all that into consideration. Now you could play with those numbers -- and the opportunity that I had to address the Administration and sit down with their numbers, they came up with an 8.4 percent. This is just setting the cap. This does not mean this is it. We set the cap later on. And if we wanted to sell it -- set it at 7.6, we could send a direct message to the Administration and the Mayor saying, hey, listen, when it City ofMiami Page 96 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 comes time to set the millage, it is going to be 7.6. But at 8.4, there is zero increase to the average homestead property owner, and correct me if I'm wrong. Mr. Boudreaux: That is correct. Chair Sanchez: Okay. But it still leaves the City with a $94 million cut that we have to address, and that's where the issue comes in. So whether we set one or we don't set one and we fail to take action -- traditionally, we have always set it, but traditionally, we've also gotten a budget to do the comparables. 'Cause if you're telling me, based on this budget, you have "X" amount -- "X" plus "X" equals 'X " then I could figure that, if you give me a number for "X" and you leave "X" and you give me the total, I could figure it out. And that's the problem that we have here. So my concern is I'm prepared to set a millage, but I'm also prepared to pass through a resolution that this Administration and the Mayor will come back with a final millage of 7.5. And guess what? As our dear friend J. L. used to say, it's time to fish or cut bait, 'cause $118 million, everything is on the table. There will be cuts because, you know what? This government cannot live beyond its means. And if you ever had a year -- for those of you that have been here 14 years, 4 years or 3 years, or whatever, this is going to be the year where we're going to have to make -- Commissioner Gonzalez: No. There -- Chair Sanchez: -- significant cuts in this budget. Commissioner Gonzalez: -- will be serious cuts. Chair Sanchez: Serious. Commissioner Gonzalez: Not cuts, serious, very serious, serious cuts in all kind of City services, in all kind -- in all the departments, everywhere. And like you said -- and that has been my point from the beginning. We have at least gotten a proposed budget by this time. Now we don't have anything. All we know is that we have a deficit. Commissioner Sarnoff says 117 million. Commissioner Regalado said that he heard 70 millions [sic]. You step outside and you hear about 125 million. So it's millions all over the place, okay. But guess what? There is no place to find the millions. So, you know -- I mean, to me, this is totally crazy. To commit myself that I'm going to be getting $50, okay, when I know that I'm going to be spending -- that I need to find $150, to me, it's crazy. It's totally irresponsible. Vice Chair Spence -Jones: Mr. Chairman -- Commissioner Regalado: Mr. Chairman. Vice Chair Spence -Jones: -- we just asked -- I think he gave us a -- Mr. Boudreaux: The deadline to get the DR-420, which is the form for which we have to submit to the County property appraiser's office, is August 4. Commissioner Regalado: Mr. Chairman -- Vice Chair Spence -Jones: Okay -- Commissioner Regalado: -- ifI may. Vice Chair Spence -Jones: -- so will they --? Chair Sanchez: All right. Hold on, hold on. I got to get control here. All right. So what is the City ofMiami Page 97 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 will of this Commission, whether we set a cap or we defer the item, call a special meeting when the budget is prepared, direct the Mayor to prepare his budget and present it to the Commission? What is the will of this Commission? Commissioner Regalado. Commissioner Gonzalez: My proposal will be to ask the Mayor to at least prepare a preliminary budget with all the cuts and all the, you know, ringy-dingys [sic], okay, and then we set a special meeting -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- to consider the -- Chair Sanchez: We've already set a special workshop, a budget workshop for the 14th of August, I think, at 2 o'clock. Have you put out the memo, Mr. City Manager? Mr. Hernandez: It's August 14 -- Chair Sanchez: August 14 at 2 o'clock? Mr. Hernandez: -- between 2 and 5. Chair Sanchez: Between 2 and 5. All right. What is the will of the Commission? You want to go ahead and defer the item? Vice Chair Spence -Jones: I just want to add or piggyback onto Commissioner Gonzalez. He's talking about a special meeting just in general before that August 14 date, correct? Commissioner Gonzalez: Um -hum. Vice Chair Spence -Jones: So if the deadline is August 4, I think his comment is centered around, maybe, perhaps we should have a special meeting before then and have you guys present something to us so that at least we have a sense of what we're voting on. Mr. Boudreaux: That's correct. Commissioner Regalado: Mr. Chairman, iflmay. Chair Sanchez: Yes. Commissioner Regalado: I just think that we should fry to set the millage now because regardless of any figure, there is still going to be a huge deficit. So the millage is not the issue. The issue is the budget. And Commissioner Gonzalez is right. You walk out there and somebody tells you it's 125. Like I said, this morning in the Herald web page, when they wrote an article about what we were supposed to do today, they say the Administration estimates between 50 and $60-million deficit. And even on the worst case scenario for the people, even if we raise taxes to the maximum, there's still going to be a $67-million deficit. So the millage is not the big problem. And I think that we just should get it out of the way and just vote on it. I'm willing to make a motion, if you all allow me, and vote on it to set the millage at the same rate that we have the current rate, which is 7.6740. And with that in paper, you have a deficit of 117 -- but you don't know. We don't know. You don't know. Actually, the Manager yesterday was very hopeful that not one solution but all the solutions will be able to close the gap. And he said that the unions were ready to talk and discuss the situation, and they are, and that we can look at other areas. I just think that the people ofMiami deserve to get a message that this city is -- give them a break. That's all. City ofMiami Page 98 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: There's a motion for 7.6 to the millage. Is there a second? Applause. Chair Sanchez: Is there a second? Commissioner Sarnoff Second -- Chair Sanchez: Okay, second, for the -- Commissioner Sarnoff -- for purposes of discussion. Chair Sanchez: -- purpose of discussion. You're recognized for the record. Commissioner Sarnoff Well, I think we should just speak frankly here. How did we get where we are and how much is out there? Okay. We have a mill rate of 7.674 percent for you accurates (phonetic) out there. If we maintain that mill rate based on commitments that we've made to the pensions, we had projected to owe $62 million to the pensions, and we just didn't save for it. Fault anybody you want for that. The blame game can begin effectively in September. It's a good time for it to start, and it could end on November 3, and you can figure out how the blame game works, but we're $62 million that we knew we were going to be in debt as a result of our failure to -- let me take Charlie Cox for a moment -- save for that rainy day. Let's take the Administration's position. Things looked good; didn't need to do it. But in addition to that, for all of you that were in the stock market along with me, you lost some money. So the 62 million went to approximately $99 million. Then you have what Commissioner Regalado likes to call the shortfall as a result of the ad valorems. Eighteen million amongst friends isn't a big deal, right? So we're at, effectively, $118 million of what you would say, on October 1, you'd look out and say the City ofMiami looks the same. Well, it will take $118 million more for it to look identical on October 1, 2009. So what does $118 million look like if in fact, on October 1, 2009 we don't increase taxes? A lot of ways of doing this. You could simply fire or reduce your staff by 1,000 people. One thousand City ofMiami employees could be furloughed, let go, however you want to call it. That's about -- we run at almost a $98, 000 per employee cost to the taxpayer. Is that too high? Yeah. I'd say it is, but that's our average. That's our average. That's soup to nuts. That's what it costs the employer from salary, compensation, health insurance, worker's compensation; soup to nuts, that's what it costs you. Even though that employee may take home 50, $60, 000, the cost to the taxpayer is approximately $98,000. You have some decisions to make here. And I always have come up here and I've said, you know, a budget is about setting your priorities. Our priorities are set for us, folks, 'cause you lost that right for the past two or three budgets when you didn't save the money. Here's our budget priority, safety. This City's going to go back to its very core value, its very core services, and nothing else. I'd be shocked if there is one special event planned in this budget 'cause there's no room for it. I would be shocked to see sanitation remain the way it does. Now, can the unions help us? Historically, in the past, they have. Historically, they've always come to our aid. What do you hear from the unions? Pretty much what hear from them is, get your own house in order, and then we'd consider getting our house in order. They have some points that they make. They have some things that, we, as Commissioners, do that they just don't like. They don't think it's an efficient government. I can guarantee you this, we have no choice. Those items are gone, if, for no other reason, to simply get the unions to cooperate with us. Because, effectively, they have their foot on our neck and they control our life support. There's nothing this Administration can do to reduce $118 million -- by the way, not of a $525 million budget because we didn't bring in 525 million last year. We only brought in 505 million. So it's actually worse. It's 23.2 percent reduction, 23.2 percent reduction in our services. So, effectively, you know, in California -- it's always funny to listen to how they talk about California. The Commissioners, the legislators, you know how much discretionary they get to have -- because the electorate there decided about 25, 30 years ago that the California City ofMiami Page 99 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 legislators weren't smart enough, weren't adept enough and weren't good enough to set their budget. So, by referendum, they set approximately 88 percent of their budget. So those guys get up there and they fight over 12 percent. Twelve percent of their budget is what they fight over in California. And the oddity of oddity is it takes two-thirds of their legislatures to actually pass a budget. So that means you have to have a lot of bipartisan support. Look, it really doesn't matter, in the words of Commissioner Regalado -- and he's right -- what we do today. It really doesn't matter. We're talking philosophy at this point. If you think the City ofMiami can drop $118 million without the cooperation of the unions, you've got a sad -- sadly mistaken. I got news for you. If you think the City ofMiami can drop $74 million without the cooperation of the unions, you're equally wrong. So, philosophically, City ofMiami needs to go on a diet. And philosophically, we need to keep the mill rate just where it is. It's going to hurt just as bad, no matter what you say, whether that number is 20 or 30 million less at the numbers that we're talking about. Somehow, somebody who wasn't watching the ship and that ship was heading off the cliff, and you're two-thirds off the cliff right now. I look at Charlie. I could look at Bobby. I could look at any of the union member because, the end of the day, it's all in their hands. They have to voluntarily do something. It is not -- it's beyond our power, to be quite frank with you. And no matter how many times anyone on this dais said there isn't the money, there isn't the money, we voted it like there was the money, there was the money. So whose fault is it? You know, at this point, it doesn't really matter. It just doesn't matter. So we're talking philosophy at this point. We're not talking about budgets. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: Vice Chair Spence -Jones. Vice Chair Spence -Jones: I just want to be clear on Commissioner Sarnoff. I mean, I heard everything that you had to say, but your last statement regarding the unions, is it -- are you saying that -- you're saying that the unions have to --? Well, we all have to look at, you know, where we are. Are you saying that the unions have to look at making some decisions on where they are? Commissioner Sarnoff I would think they have to -- the unions can stand pat to their contractual rights, and they have every right to do so. That would probably put us -- and this is the part that I'm not really clear on, Madam City Attorney, when we declare a financial emergency. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff But that's shortly coming. Vice Chair Spence -Jones: Yeah. I just wanted to be clear. So -- because I understood everything else, butt wanted to make sure that clearly understood what you said regarding the unions themselves. So you're saying that they have to also look at the current budget and the situation that we're in to look at either reducing costs or -- Is that what you --? Commissioner Sarnoff Yeah. They would have to voluntarily -- they have to voluntarily change their contractual rights. That's up to them. Vice Chair Spence -Jones: Okay. And that's something that the Manager and the unions have been discussing? Mr. Hernandez: Commissioner -- Vice Chair Spence -Jones: Charlie? City ofMiami Page 100 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. Hernandez: -- I've -- Vice Chair Spence -Jones: I mean, Pete. Mr. Hernandez: -- only had very brief informal discussions with union leaders. And what I can say today is that they are willing to talk. That's all I can say. Chair Sanchez: Talk. It's going to take more than talk. Vice Chair Spence -Jones: You've been talking, Charlie? Charlie Cox: Absolutely. Vice Chair Spence -Jones: Okay. All right. So I just wanted to be clear what your -- what the statement was. Chair Sanchez: All right. Vice Chair Spence -Jones: So you had a motion and a second. Chair Sanchez: Yeah, a motion and a second for the millage at 7.6. Once again, $118 million, ballpark figure, that we're going to have to cut in the City. So -- Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: -- are we set? I mean -- Vice Chair Spence -Jones: No. Chair Sanchez: -- let's vote on it. Vice Chair Spence -Jones: No. Chair Sanchez: 'Cause we're going to need the political will to get to $118 million -- Vice Chair Spence -Jones: Right. And what I -- Chair Sanchez: -- in the City. Vice Chair Spence -Jones: -- and what I'm saying to you, Mr. Chairman --I mean, I know we had a motion and a second on this item. I mean, the only discussion that I would like to have regarding the item before we make a decision like this is, based upon what Commissioner Gonzalez -- and I kind of fall in the same line with Mr. Gonzalez. Historically -- Commissioner Gonzalez -- in the City ofMiami, we have at least had some sort of preliminary budget to kind of somewhat look at. I would make the recommendation that before we -- and I don't mind us having -- even if it's just a special meeting that we would have before August 4 to at least physically looking at the numbers. I mean, to make the decision just today, I don't -- I just don't think it's a smart thing to do, you know. So that would be my recommendation to follow Commissioner Gonzalez's lead on this, and I know no one wants to come back here in August, but we're going -- as you stated earlier, we -- we're going to have to sit here and work it out, you know, and I just don't want us to make a decision that's going to hurt and affect so many people. So that would be my recommendation, and I would appeal to Commissioner Regalado, which was the maker of the motion, to adhere to what Commissioner Gonzalez has said, to allow for us to have a special meeting and at least have the opportunity to have a copy or a draft of that preliminary budget. I know that means you have to work exfra now up until August 3 or 4, but I City ofMiami Page 101 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 think that it makes sense, especially when we plan on making a decision this important. Chair Sanchez: All right. Commissioner Gonzalez: But you -- Commissioner Regalado: I am -- Chair Sanchez: Let's vote on it. Chair Sanchez: Well, he's -- let him make a comment. Commissioner Regalado: I'm willing to vote, but -- Mr. Hernandez: Mr. Chairman. Commissioner Regalado: -- I just wanted to go back to the beginning. And the beginning of this discussion was that, number one, we do not know the -- if the $117 million figure is -- we do not know if we set some kind of rate that is flat for the -- as they call them in this elphemism [sic], is flat for the taxpayer; the deficit is still 84, $85 million. The fundamental issue is about the budget, not about the millage. You know, you can come back how many times you want, but you know, the duty of the legislature, as we are, is to set the millage. And you know, frankly, the County is looking really bad after they couldn't get their thing together and not vote on a millage, which is their responsibility. I mean, the biggest responsibility and probably the only big one of this body is the budget and the millage, and they all vote -- get together. I mean, I don't -- you know, I don't have a problem coming tomorrow or Saturday morning or Sunday afternoon. I don't have a problem. I just think that we need to send the message to the Administration so tomorrow they start getting their numbers right. So I mean, I'll vote on it. I don't have a problem -- Commissioner Gonzalez: Mr. Chairman. Commissioner Regalado: -- in voting on it. Chair Sanchez: Commissioner Gonzalez, and then we'll go ahead and vote on this. Commissioner Gonzalez: Mr. Manager, do you have an idea of how much the deficit is, the real -- a real idea, not --? Chair Sanchez: It's based on the millage. Mr. Hernandez: Commissioners, in essence, the numbers that are in the handout that Michael has given all of you is the best information that we have available at this point -- Chair Sanchez: Based on the millage. Commissioner Gonzalez: And what is -- Mr. Hernandez: -- today. Commissioner Gonzalez: -- that number? Mr. Hernandez: And -- Mr. Boudreaux: The -- I'm sorry. The budget for next year will not be balanced for next year if City ofMiami Page 102 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 we don't make the necessary cuts that are reflected -- Commissioner Gonzalez: No, no, no, no, no, no. Mr. Boudreaux: -- here. For -- as far as the deficit -- Commissioner Gonzalez: No, no, no. We all know that. I asked a specific question. The specific question is, how much is the deficit? Is it 50 million, 75 million, 2 million, 115 million, 125 -- what is it? Because you should -- you got to know. If not Larry, you should know. Mr. Boudreaux: The budget deficit for 2010, as outlined in the handouts, based on the various millage rate scenarios that were laid out, is ranging from 118 million at its worst and 67 million at the maximum -- Commissioner Gonzalez: Well -- Mr. Boudreaux: -- allowable millage rate. Commissioner Gonzalez: -- I will say that it's going to be the worst because that's the way it usually is. It's the worst. But let's say that it's not the worst. Let's say that it's not your 60 or their 118. Let's put it at $90 million. Well, a $90 million deficit, I don't care if we fire 1,000 employees, we won't have -- we won't cover the deficit. This is going to have -- this is going to be a problem that is going to have to be at least about this long of different measures that includes all of the above on what we'll have to do in order to meet the deficit that we're confronting, okay. It's going to be the millage. It's going to be firing people. It's going to be, as Commissioner Sarnoff says, reduction on salaries. It's going to be reduction in Solid Waste. It's going to be reduction on -- zero overtime. It's going to be reduction in every department. It's going to be reduction in days works [sic]. It's going to be a lot -- it's all of the above, all of the above. So that's why I keep insisting that until I have a projection of what you people are going to do -- because you are the ones that are in charge of that department -- to start cutting down that deficit, I don't feel comfortable on voting on this because the union are going to help. I'm sure the unions are going to help because they have always help, but they're going to -- they're not going to take the entire burden of this problem, okay. So it -- They're going to come up with their portion. They're going to say, yeah, we're going to do this much, but you people have to do this other much. So that's why I say, you know, until I have in front of me at least a proposed budget with cuts, with cuts on services, with cut on personnel, with reduction in salaries, with all of that, I don't feel comfortable. Because you know what want to -- I don't want to look like a bozo here -- Vice Chair Spence -Jones: Yeah, I know. Voting on something that you have (INAUDIBLE). Commissioner Gonzalez: -- okay, on October 1 or September 30, saying, you know what, we set the millage, we did all these cuts, and we haven't been -- and we're not able to cover the deficit. Well, you know what, October 1, the Governor will set a group of people that will govern the City like they did in 1996. Chair Sanchez: Twice in 15 years. I don't think that's going to happen. Commissioner Gonzalez: It's going to be that simple, and then we're all going to look very professional. Very professional, we're going to look. Vice Chair Spence -Jones: So -- Chair Sanchez: All right. City ofMiami Page 103 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: -- Mr. Chairman, so, once again, I just want to appeal to the maker of the motion to allow for us to at least have more information so that we can make an informed decision. I just think that it's necessary. I mean, I don't have a problem with coming back on August 3, before that date, if the Manager's office and the staff is comfortable with that. I know Commissioner Gonzalez and I would be much more comfortable with that than just making a decision that can affect so many people. You know, I just don't -- you know, I think it's necessary for us to do that. So I'm going to ask the maker of the motion if he would consider -- I mean, do you have a problem, Commissioner Regalado, coming back for another meeting? Commissioner Regalado: Madam Vice Chair, I do not have a problem coming back this Sunday at 9 p.m. or 7 a.m., or Monday at 3 a.m. I do not have a problem, but -- and I'm willing to withdraw the motion if there is a need. But the fundamental question here is not what the unions should do, is how many people get fired. It's not -- you know, somebody has to answer the question how do [sic] we got [sic] here because it's very easy to say the economy is bad, but you know, how do [sic] we got [sic] here. I mean, the City of Hialeah is not having this problem because the Mayor there -- and the City of Hialeah Garden [sic], they save on the fat cows a lot of money for -- so, you know -- and we -- I guess everybody is to blame, but you know, now is not the time to say, oh, you know, we going to have to declare an emergency. There have been -- this Commission has gone on record in supporting projects and major projects and major projects and the mega plan and, you know, Miami 21 that we have even not approve it or reject it. So, you know, somebody has to say how do [sic] we got [sic] here so, in the future, it doesn't happen again. But, you now, don't -- do not put the brunt -- you know, when -- this morning on the Herald website -- and I'm going to finish -- when they posted the article that the City Commission is about to set the millage and all that, there was a comment that caught my eye. And this person -- don't know who that person is -- said the City cannot fund a government on the back of those who just happen to have a property in Miami. So, you know, you have a property in Miami and you are punished because the Administration, in the past year, has gone on a rampage? That's not fair. It's not fair. So, you know, how do [sic] we got [sic] here? It's something that we need to discuss. So, I -- Commissioner Gonzalez: But -- Commissioner Regalado: -- I'll withdraw my motion because -- Chair Sanchez: Okay. Commissioner Regalado: -- Commissioner Gonzalez and Vice Chair -- Chair Sanchez: Set a date. Commissioner Regalado: -- Spence -Jones need the time. If that's -- that's okay by me. I don't have a problem -- Vice Chair Spence -Jones: I thank you so much -- Commissioner Regalado: -- coming back. Vice Chair Spence -Jones: -- Commissioner -- Chair Sanchez: Okay. Vice Chair Spence -Jones: -- Regalado. Chair Sanchez: Let's -- City ofMiami Page 104 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: I thank you for your support. Chair Sanchez: -- move on. I think the proper thing to do here is to select a date. Commissioner Gonzalez: I make a motion to defer. Chair Sanchez: To defer with a specific date, a special meeting. Commissioner Gonzalez: With a specific date, yeah. Chair Sanchez: All right. Would you want to proffer a date, or do you want the Administration to come up with --? Commissioner Gonzalez: No. Let them tell us when they're going to be ready with a proposed budget. Chair Sanchez: All right. So we're going to defer it and -- defer and have the City Manager proffer a date for a special meeting to set the cap on the millage. All right. Commissioner Gonzalez: The County appraiser needs to have this -- Commissioner Regalado: Okay. Commissioner Gonzalez: -- by when, by four -- by August 4? Chair Sanchez: August 4. Vice Chair Spence -Jones: August 4. Commissioner Regalado: Mr. -- Commissioner Gonzalez: August 4? Chair Sanchez: Hold on. Commissioner Gonzalez: We should have a meeting August 3. Vice Chair Spence -Jones: I think that's a Monday. Commissioner Gonzalez: Right? Chair Sanchez: I don't -- August 3? Vice Chair Spence -Jones: It's a Monday. Commissioner Gonzalez: It's a Monday. Commissioner Regalado: Mr. Chairman -- Chair Sanchez: Hold on just a minute. The problem is you want to -- that's the 3rd, and it is on Vice Chair Spence -Jones: Second. Chair Sanchez: -- the 4th. City ofMiami Page 105 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: We had a second on that. Chair Sanchez: Okay. There's a motion and a second for the 3rd. The Administration -- Commissioner Gonzalez: Or the fourth, either one. Chair Sanchez: The 3rd, which is a Monday, if I'm not mistaken. Vice Chair Spence -Jones: The 3rd is a Monday. Chair Sanchez: Okay. Mr. Boudreaux: Commissioners, just to be clear that if a millage rate is not established by the August 4 deadline, that it does defer to the property appraiser. Vice Chair Spence -Jones: So August 3. Chair Sanchez: All right. So there's a motion and a second forAugust 3. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Okay. It's been -- Commissioner Regalado: I think -- Chair Sanchez: -- tabled, continued, whatever, to the 3rd ofAugust. Commissioner Regalado: -- it's cutting it -- Chair Sanchez: What time? Got to have a time. Commissioner Gonzalez: Nine a.m. Chair Sanchez: Nine a.m. in the morning. Commissioner Sarnoff Just so we're clear, I cannot make August 3. Commissioner Regalado: It's important to have all the members of the Commission. Mr. Chairman -- Commissioner Gonzalez: What about August 4? Commissioner Regalado: -- we're cutting it too close. The property appraisal [sic] has to have Vice Chair Spence -Jones: What time do they have to have it by? Commissioner Regalado: -- that for the trim notice -- Vice Chair Spence -Jones: By 5 o'clock that afternoon or what? Mr. Boudreaux: Yes. By close of business on August 4. City ofMiami Page 106 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: Okay, so -- Mr. Hernandez: August 4. Vice Chair Spence -Jones: -- August 4. Chair Sanchez: August 4. Can you make it, Commissioner? Commissioner Gonzalez: You're going to be here the 4th? Commissioner Regalado: Do it on the 30th. Commissioner Sarnoff No. Commissioner Regalado: Do it on the 31st. Chair Sanchez: You're not? Commissioner Sarnoff I can do it -- Chair Sanchez: All right. Commissioner Sarnoff -- on -- I could do it on the 31st. Commissioner Regalado: The 31st is a Friday. I mean -- Commissioner Sarnoff Friday. Chair Sanchez: Okay, 31st. Commissioner Regalado: -- what's the difference between Saturday and Sunday? Chair Sanchez: Thirty-first, 9 a.m. Vice Chair Spence -Jones: You have a week. Chair Sanchez: All right. Maker of the motion accepts the amendment to the date, and the second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: It passes. Move on. Let's go. Vice Chair Spence -Jones: Mr. Manager, you had -- Chair Sanchez: Jesus. Vice Chair Spence -Jones: -- what's going on, Mr. Manager? Say it. Spit it out. Mr. Hernandez: No. I have a personal problem on the 31st. Vice Chair Spence -Jones: Can Larry be you for that day? Larry Spring: Larry Spring, chief financial officer. Commissioner, it's been clear, based on the discussion on this record today, what I thought this Commission wants us to do. City ofMiami Page 107 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Larry, we need a roadmap, okay. Mr. Spring: And -- Chair Sanchez: You're diagnosing me -- Vice Chair Spence -Jones: And please -- Chair Sanchez: -- without examining me. You're telling me you're dying without -- Mr. Spring: Exactly. Chair Sanchez: -- examining. Vice Chair Spence -Jones: But please don't come and make -- create any more confusion. The question -- Mr. Spring: No, I'm not. I'm not -- Vice Chair Spence -Jones: The question was the Manager is not able to be here on the 31 st. Mr. Hernandez: Thirty-first Vice Chair Spence -Jones: Okay. Mr. Manager, can you have someone --? I mean, it's a matter of just presenting the budget. I mean -- Chair Sanchez: All right, guys. Listen, sooner or later, we're going to have to deal with this. All right, so 31 st it is? Pete, if you can't -- Vice Chair Spence -Jones: Pete -- Chair Sanchez: -- be here, can you have somebody --? Commissioner Gonzalez: Yeah, but the Manager would like to be here, right? Mr. Hernandez: I would love to be here, yes. Vice Chair Spence -Jones: Okay, so -- Mr. Hernandez: Because, in essence, Commissioners -- and I haven't had a chance to address you, so I'll take just one minute. Vice Chair Spence -Jones: Okay. Mr. Hernandez: I don't think that we should lose sight of where we are in a timeline that this Commission has dealt with for many time -- for many years. Normally, when you set the cap, you don't worry about it too much. You normally set it a little higher because you know that it has no meaning. It's just setting a cap that then you deal with in September. And normally, the way that we have acted in years past is to set it, normally, a little higher to allow yourself the flexibility to do whatever you want to do or consider how services are going to be impacted between now and September. So it's very normal to have a millage cap set at -- whether it's 8.99 or 8.4, that's normal, and we're losing sight of that, and we're locking ourselves into a final position -- painting ourselves into a corner without really having to. I think that that's not wise. I think that if you were making decisions on your own businesses, you would never do something City ofMiami Page 108 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 like this to paint yourself in the corner. You would never do that. You would -- a wise decision is to set it a little higher, allow yourself the flexibility. You have total control, and normally, when you come back in September is when you set it at the 767 or the 8.4 -- Chair Sanchez: All right. Mr. Hernandez: -- whatever you wish. But today, it should not be an issue to discuss this. It should either be 8.99 or 8.4. Chair Sanchez: Okay. Vice Chair Spence -Jones: So that is your -- Mr. Hernandez: That's simple. Vice Chair Spence -Jones: -- that's the Manager's recommendation. So no -- Mr. Hernandez: That's it. Yes. Vice Chair Spence -Jones: -- matter what we're voting on today, that's not going to lock us in. Chair Sanchez: No. Mr. Hernandez: Exactly. Vice Chair Spence -Jones: It just gives us the space -- Mr. Hernandez: It doesn't. Vice Chair Spence -Jones: -- or the time -- Mr. Hernandez: That's history. Vice Chair Spence -Jones: -- or the freedom -- Chair Sanchez: Could you recognize me? I know there's a motion on the table to defer -- Vice Chair Spence -Jones: You are officially recognized. Chair Sanchez: Okay. I know there's a motion on the table to defer. Can we pull that? Let me make a recommendation, intelligent recommendation on this, which I think will get the three votes, okay. Eight point four is a zero increase to the average homestead property owner. Mr. Hernandez: Yes. Chair Sanchez: Okay, so there's no taxes. Mr. Hernandez: Yes. No tax increase to the average. Chair Sanchez: I will make a motion -- I'm going to make two motions. One is going to be the 8.4, just to set the cap, giving you flexibility to try to come up with that $118 million, which is going to be very hard, but we will get to it because we will not pass the burden onto the taxpayers, okay, but I'll put it at 8.4. I will make a motion for the 8.4, and then I'll make another motion. Okay, that's the motion, the 8.4. City ofMiami Page 109 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Gonzalez: Okay. First of all, I have to withdraw my motion. Priscilla A. Thompson (City Clerk): Thank you. Chair Sanchez: Yeah. Okay. Commissioner Gonzalez: Because we can't vote -- Ms. Thompson: Thank you. Chair Sanchez: All right. There's no motion. Commissioner Gonzalez: -- on two motions at the -- Chair Sanchez: I'm sorry. Commissioner Gonzalez: -- same time. All right, I withdraw my motion then for the -- Chair Sanchez: Okay. I will make a motion for the -- Ms. Thompson: So there is no motion -- Chair Sanchez: -- 8.4. Ms. Thompson: -- on the floor for a deferral to the -- to August whatever date that was or -- Commissioner Gonzalez: Exactly. Ms. Thompson: -- July 31. Thank you. Commissioner Gonzalez: All right. Chair Sanchez: Eight point four, so moved. Commissioner Gonzalez: All right. I'll second the cap. Commissioner Sarnoff I have a question, Mr. Chair. What is the shortfall with 8.4? Chair Sanchez: Ninety-four million. Mr. Boudreaux: Ninety-four million. Commissioner Sarnoff Thank you. Chair Sanchez: Okay. But hold on. If we could pass that motion, then I'll present another motion. Call the question. Vice Chair Spence -Jones: All in favor? Chair Sanchez: Aye. Commissioner Gonzalez: Aye. Commissioner Regalado: No. City ofMiami Page 110 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Okay. Commissioner Sarnoff No. Chair Sanchez: One "no." Now I will make -- Ms. Thompson: Two. Chair Sanchez: Two "nos"? Commissioner Gonzalez: Two "nos." Commissioner Regalado: Two "nos." Chair Sanchez: Okay. Now I will make another motion, and this motion is to direct the Mayor and the Adminisfration, when this millage comes back to the Commission, to be at 7.6 percent millage. Mr. Boudreaux: Seven point six seven four, sir, or seven point six? Chair Sanchez: Seven point six. Mr. Boudreaux: Seven point -- Commissioner Sarnoff Seven point six seven four zero. Mr. Boudreaux: The same millage rate as is currently in place? Commissioner Sarnoff Same -- right. Chair Sanchez: The same millage rate that we have now. So move. Commissioner Gonzalez: Second. Commissioner Sarnoff Wait. I'm not sure I understand the motion. I want to understand. Chair Sanchez: The motion is very simple. The Mayor and the Adminisfration are going to present a budget, and they're going to present a budget to us based on that 7.6. And if they come up with a 7.61 percent higher, we will vote against it, but it allows them leeway to work out to fry to get as close as that $118 million, which we all know that it is going to take everyone's participation, everyone involvement and commitment to fry to come to those numbers. And the budget will come back with a 7.6 -- the exact millage that it's at today. That's the motion that I make. Commissioner Sarnoff Well, can I ask a question? And I won't make a statement. Will that result in essentially two budgets, one which --? Mr. Hernandez: No. I think that -- Chair Sanchez: One budget. Mr. Hernandez: -- trying to understand the Chair, what it does, it provides this Commission the ability to buy back services up to the 8.4, if you so desire. That's what it does. Chair Sanchez: But when we approve the budget, it'll come to this -- it'll come for a final vote in City ofMiami Page 111 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 front of this Commission with the same millage that we have today. Mr. Hernandez: Right. Chair Sanchez: Okay. Commissioner Regalado: But -- Mr. Hernandez: But still, it will give you the ability, you -- Chair Sanchez: Yes. Absolutely. Mr. Hernandez: -- that if you desire to increase this service or that service, you have the flexibility to buy up to 8.4. Commissioner Regalado: But -- Chair Sanchez: Exactly. Commissioner Regalado: -- I just want to -- I guess I'm dumb. What is the difference? If we -- the final product is 7.64, whatever, what is the difference? Mr. Hernandez: It provides this Commission -- Commissioner Regalado: No, no, no, no. Mr. Hernandez: --flexibility. Commissioner Regalado: No, no, no, no. The Chairman is saying that you have to come back with a budget -- as we are presented today with this millage, your deficit is 117 million, or so you say. So he's directing you to come back with a budget that has the same millage that we create $117 million. So explain to me what is the flexibility that you're giving this Commission. What he's saying is that he's going to vote against a budget that doesn't have 7.6740. He's clear on that. I mean, my motion was to tell you this is what you got. His motion is to give you a few weeks to reminiscent. Chair Sanchez: No. Mr. Hernandez: No, Commissioner. Chair Sanchez: This motion allows the Administration flexibility -- Mr. Hernandez: Yes. Chair Sanchez: -- which I think they need to come up with this $118-million cut that we're going to force them to do because I think that the will is here in this Commission for them to do that. But it allows them the flexibility, based on the 8.4, to do it. Commissioner Regalado: But -- Chair Sanchez: Then, when it comes to us -- Mr. Hernandez: I think the idea, Mr. Chairman, is that you want us to come with a proposal that will eliminate 118 million -- City ofMiami Page 112 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Absolutely. Mr. Hernandez: -- and also show you, of course, how we're doing it. And it provides then this Commission with the opportunity to say, well, I don't want this one. Chair Sanchez: Look, Pete -- Mr. Hernandez: I want you to put that back. Chair Sanchez: -- I've been here in budgets. I've never been here in a budget like this. But what's going to happen here is, you know what? I have a saying that everybody wants -- you know, everybody wants to go to heaven and nobody wants to die. So when it comes time to cut -- and we will cut -- you're going to have people here protecting sacred cows. Oh, the elderly must be fed. This shouldn't happen. This shouldn't be cut; that shouldn't be cut. So when it comes to us with the budget, it'll come through the Admin -- through your recommendations. If we decide that we want to add something to it, then it's easy. You want to feed the elderly $400, 000, we're going to fire somebody in the City or we're going to reduce costs in the City 'cause it's going to be a balance. The only way we're going to get to this balance is going to be by cutting -- first of all, how we started this process, I don't appreciate. And I'm glad I voted against the increase of the garbage because, you know what, before we even talk about increases and fees, let's talk about reduction. Let's talk about reducing salaries. Let's talk about reducing benefits. Every year that we start a budget, we start either by increasing fees or looking for ways to come up with revenues. That's why we're in the situation that we're in today. So this budget guarantees us when it comes back to us on a 7.6, you'll be forced to cut out that 118 million, and then we'll decide, as a policy matter, how we'll come up with a balanced budget. But you will come back to us with 118 million reduction. How you're going to do that? We'll help you get there. But guess what, I could tell you this much. If we don't all work together, this is going to be a bloodbath in this budget. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Call the question. Vice Chair Spence -Jones: So we had -- call the question. We already had a motion and a second, right? Commissioner Gonzalez: Yes, ma'am. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. Let's move on. Chair Sanchez: Okay. Ms. Thompson: Madam Chair -- Commissioner Gonzalez: Start buying the Powerball Wednesdays and Saturdays. Ms. Thompson: I'm sorry. Madam Vice Chair, I really didn't hear everyone's vote, so if you can ask them what their votes are, please? Chair Sanchez: Oh. City ofMiami Page 113 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Ms. Thompson: All in -- Commissioner Regalado: My -- Vice Chair Spence -Jones: After he explained it, all in favor? Chair Sanchez: Aye. Vice Chair Spence -Jones: Aye. Commissioner Gonzalez: Aye. Commissioner Regalado: I vote no. And I vote "no" because there is no reason, at all, for delaying the inevitable. You know, you cannot delay death; it's going to happen. I mean, what we're doing here is we're telling the Manager you have some flexibility to juggle with the numbers, but you have to come back with a saving of $117 million. It's the same, but that's the will of the Commission. Commissioner Sarnoff In case you're wondering what my vote was, my vote was yes simply because I intend on holding to the 7.6740 cap. Commissioner Regalado: Exactly. And you -- Commissioner Sarnoff You can bring back any budget you want -- Vice Chair Spence -Jones: Yep. Commissioner Sarnoff -- so long as it hits -- Commissioner Regalado: Right. Commissioner Sarnoff -- the 7.6740 cap. Chair Sanchez: Why are we --? Commissioner Regalado: And I totally agree with that, but I don't see the point in giving the flexibility -- Chair Sanchez: Okay. Commissioner Regalado: -- that -- Chair Sanchez: Let's -- Commissioner Regalado: -- he does not -- he will not have -- Chair Sanchez: The message is clear. Commissioner Regalado: -- come budget time. Chair Sanchez: All right. Let's move on. Mr. Hernandez: But you -- Chair Sanchez: The message is clear. City ofMiami Page 114 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. Hernandez: -- yourselves may want to have it at some point. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay. "[Later...]" Chair Sanchez: All right. We move on to PZ (Planning & Zoning) items? Julie O. Bru (City Attorney): Mr. Chairman, before we move on to PZ. I was just talking to the Manager. I want to make sure that the record correctly reflects that when you adopted the proposed cap on the millage rate, you were also adopting the debt service rate, which was in the resolution -- since we had so many different motions and everything, it wasn't discussed, the debt service rate at.6595. Chair Sanchez: Yes. Okay. RE.19 09-00771 RESOLUTION Department of A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI, Finance FLORIDA, WITH ATTACHMENT(S), SUPPLEMENTING RESOLUTION NO. 07-0586, ADOPTED BY THE CITY COMMISSION ON OCTOBER 11, 2007, RELATING TO THE ISSUANCE BY THE CITY FROM TIME TO TIME OF CERTAIN SPECIAL OBLIGATION BONDS PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; PROVIDING FOR THE ISSUANCE OF AN ADDITIONAL SERIES OF SUCH SPECIAL OBLIGATION BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING $115,000,000, TO BE DESIGNATED CITY OF MIAMI, FLORIDA SPECIAL OBLIGATION BONDS, SERIES 2009 (STREET AND SIDEWALK IMPROVEMENT PROGRAM) ("SERIES 2009 BONDS"), FOR THE PURPOSES OF (i) FINANCING THE COSTS OF ACQUISITION, CONSTRUCTION AND IMPROVEMENTS TO CERTAIN ROADWAYS AND STREETSCAPES AS DESCRIBED HEREIN, (ii) FUNDING A DEPOSIT TO THE RESERVE ACCOUNT FOR THE SERIES 2009 BONDS, AND (iii) PAYING THE COSTS OF ISSUANCE OF THE SERIES 2009 BONDS; PROVIDING THAT THE SERIES 2009 BONDS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION, OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT, BUT SHALL BE PAYABLE AS TO PRINCIPAL AND INTEREST SOLELY FROM THE PROCEEDS OF CERTAIN DESIGNATED REVENUES DESCRIBED IN RESOLUTION NO. 07-0586 AND NOT DERIVED FROM AD VALOREM TAXES; PROVIDING THAT THE SERIES 2009 BONDS MAY BE ISSUED IN ONE OR MORE TAX-EXEMPT OR TAXABLE SUBSERIES; DELEGATING TO THE CITY MANAGER AUTHORITY TO DETERMINE THE TERMS OF THE SERIES 2009 BONDS WITHIN PRESCRIBED PARAMETERS; DESIGNATING A SERIES 2009 BOND REGISTRAR AND PAYING AGENT FOR THE SERIES 2009 BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND BOND REGISTRAR AGREEMENT; FINDING NECESSITY FOR A City ofMiami Page 115 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 NEGOTIATED SALE OF THE SERIES 2009 BONDS; APPROVING THE FORM OF AND AUTHORIZING EXECUTION AND DELIVERY OF A SERIES 2009 BOND PURCHASE CONTRACT; APPROVING THE FORM OF AND AUTHORIZING DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT RELATING TO THE SERIES 2009 BONDS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR AND OBTAIN CREDIT FACILITIES AND RESERVE ACCOUNT CREDIT FACILITIES AND TO EXECUTE AGREEMENTS RELATING THERETO WITH RESPECT TO THE SERIES 2009 BONDS; PROVIDING FOR A CONTINUING DISCLOSURE AGREEMENT WITH RESPECT TO THE SERIES 2009 BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS FOR THE BENEFIT OF THE HOLDERS OF THE SERIES 2009 BONDS; AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2009 BONDS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. 09-00771 Legislation.pdf 09-00771 Exhibit 1.pdf 09-00771 Exhibit 2.pdf 09-00771 Exhibit 3.pdf 09-00771 Exhibit 4.pdf 09-00771 Exhibit 5.pdf 09-00771 Exhibit 6.pdf 09-00771 Summary Form.pdf WITHDRAWN END OF RESOLUTIONS DISCUSSION ITEM DI.1 09-00801 DISCUSSION ITEM Liberty City Community Revitalization Trust DISCUSSION REGARDING THE LIBERTY CITY ANNUAL REPORT. 09-00801 Summary Form.pdf 09-00801 Powerpoint Presentation.pdf 09-00801-PowerPoint Presentation -Liberty City Trust.pptx DISCUSSED Chair Sanchez: All right. What's the next item on the agenda? Vice Chair Spence -Jones: Mr. Chairman, I believe it's the Liberty City Annual [sic] Trust. And I do know that we have -- still have the whole P and Z (Planning and Zoning) item to go through. So I'm going to ask that the president of the Liberty City Trust do -- You guys should have gotten a copy of the outline of everything that's been accomplished, correct, the PowerPoint presentation? Commissioner Sarnoff I don't have it with me up here. Vice Chair Spence -Jones: Okay. I'm going to ask for Ms. Elaine Black -- because I know that we have more stuff to cover on this agenda. So, Ms. Black, I know you have so many wonderful things to tell us about what the Liberty City Trust has done, but if we can, you know, go -- City ofMiami Page 116 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Elaine Black: First of all, thank you so very much, Commissioners. Elaine Black, Liberty City Trust. Larry Thompson: Larry Thompson, board member for Liberty City Trust. Commissioners, I really want to thank you for the opportunity to give to Liberty City Trust so we can continue working together. Good things are happening in Liberty City. Chairman Sanchez, I want to thank you for coming out to our library opening. And again, we welcome you. Again, we welcome every Commissioner to Liberty City. Ms. Black -- and we don't have much time, so, Ms. Black, please. Ms. Black: I have sent everyone a PowerPoint presentation on what we've accomplished. In the event that we have not, I'll be more than happy to send you one. Housing construction. This year we've done a total of 49 new single-family houses, 14 new duplexes, and 100 units of rentals for seniors. Under construction, we have 20 new single families and 99 rentals. We have the future to have approximately 150 units of rentals, which are seeking financing through the state of Florida. Overall, we have 205 residents have received their homebuyer certificates, and we have done five -- we have five credit counselors who are working. Overall, we are able to have put people into homes while building new homes. And I just want to highlight just briefly some of the things that we've done. We've continued with our youth activities, our Work America activities, our Team Clean activities; Circle of Brotherhood that has been dealing with youth deaths in our community, our Heritage Trail project, celebrating 70 years of pride in Liberty City, and we appreciate the entire staff of the City, as well as our other banking and private partners for helping us to move forth the redevelopment of the Liberty City community. Thank you again. Chair Sanchez: Thank you. (INAUDIBLE). Vice Chair Spence -Jones: Okay. First of all, Elaine and Eric, I want to just say this. First, I want to acknowledge you guys for all the outstanding work that Liberty City Trust has done. We already know from, you know, just in the past how much -- how many issues the Trust has had in the past, and you guys have totally turned it around, and the board is a great board and doing wonderful things. While our focus has been building housing and we know that, one of the biggest issues for us lately -- we've been dealing with is the number of shootings that have been taking place within the neighborhoods, and it's very difficult to get people to buy homes in the neighborhood if they feel the place is not safe. So the extra work that you guys have been doing to really address that issue, to really make neighbors and residents and potential homeowners feel safe is really to be commended. And I just want to say this to my fellow Commissioners. You know, it's -- I'm sure you guys have shootings and stuff that take place in your district, but I'm sure they could never, never amount to the amount of shootings that have throughout my district. And just last night -- Mr. Thompson: Yeah. Vice Chair Spence -Jones: -- my four -year -old son plays right outside in the front of his yard. There was a drive -by shooting right in front of my house, right in front of my house. My son could have been out there playing that day and been affected by, you know, a gunshot. I mean, this is -- I mean, this gun situation is totally out of control, and that's a whole 'nother subject, but I do want to commend you guys for all of the work that you guys are doing regarding the issue of Liberty City and making sure that people are moving there and feeling safe and that great things are happening in the overall area. So I want to commend you for all your great work. Mr. Thompson: All right. Ms. Black: Thank you. City ofMiami Page 117 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 2:00 P.M. ES.1 09-00628a Office of the City Attorney Mr. Thompson: Thank you. Chair Sanchez: Thank you. END OF DISCUSSION ITEM EXECUTIVE SESSION EXECUTIVE SESSION UNDER F.S. §286.011(8) [2008]. THE PERSON CHAIRING THE REGULAR CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF THIS ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING LITIGATION CASE OF FRATERNAL ORDER OF POLICE, LODGE 20 AND ALFREDO VEGA, PLAINTIFFS AND FREDERICA BURDEN, ET AL, INTERVENERS V. CITY OF MIAMI, ETC., CASE NO. 98-7760 CA 27, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. AND CONCLUDE AT APPROXIMATELY 3:00 P.M. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY WARREN R. BITTNER AND ASSISTANT CITY ATTORNEY MIMI V. TURIN. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 09-00628a Memo 1.pdf 09-00628a Memo 2.pdf 09-00628a Notice to the Public.pdf DISCUSSED A motion was made by Vice Chair Spence -Jones, seconded by Commissioner Regalado, and was passed unanimously, to adjourn the executive session. Chair Sanchez: All right. City ofMiami Commission meeting stands -- is being called to order. We're going to go ahead and stand in recess as we have properly advertised a shade meeting, and at this time, I recognize the City Attorney to read into the record the procedures for the shade meeting. Madam Attorney, you're recognized for the record. City ofMiami Page 118 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Julie O. Bru (City Attorney): Thank you, Mr. Chairman. This is -- as advertised, the City of Miami Commission will be holding a private attorney -client session under the parameters of Florida Statute 286.011(8). The person chairing that meeting has announced that we're going to commence that and it will be upstairs in the Manager's conference room. It is to discuss pending litigation in the case of Fraternal Order of Police, Lodge 20, and Alfredo Vega, plaintiffs, and Fredericka Burden, et al. Interveners versus the City ofMiami. This is case number 98-7760. It's pending in circuit court, llth Judicial Circuit for Miami -Dade County. It is approximately 2:10. The session will be attended by Chairman Sanchez, Commissioner Gonzalez, Commissioner Sarnoff, Commissioner Regalado, and Commissioner Spence Jones; the City Manager, Pedro Hernandez; myself City Attorney; Deputy City Attorney Warren Bittner, and Assistant City Attorney Mimi Turin. Thank you. Chair Sanchez: All right. At this time, the City Commission stands in recess, and we will be moving into the shade meeting. And as soon as it is over, we will come back down and close the shade meeting and open up the City ofMiami Commission meeting. Stands in recess. [Later... ] Chair Sanchez: All right. This is to close out -- need a motion to adjourn the shade meeting. Need a motion to adjourn the shade meeting. Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Shade meeting was -- is closed. END OF EXECUTIVE SESSION PART B: PLANNING AND ZONING ITEMS Vice Chair Spence -Jones: I believe RE.12, we're taking after 3 o'clock? Chair Sanchez: Okay. Yes. Hold on. Vice Chair Spence -Jones: Do you want to go back and -- you're back to chairing again? Chair Sanchez: Yes. Vice Chair Spence -Jones: Okay, good. Chair Sanchez: Let's -- all right. PZ (Planning & Zoning) items, all of you who are here for PZ items, we'll get to your PZ items at 3 o'clock. At 2 o'clock, we have a shade meeting. We're going to try to get through some of the items now, so PZ items will be heard after 3 o'clock, and we have a shade meeting at 2 o'clock sharp. "[Later...]" Chair Sanchez: All right. Let's go ahead and start with PZ.1. Before we do that, Madam City ofMiami Page 119 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Attorney, read the procedures to be followed, and then each and every one of you will be testifying in front of this Commission, you need to stand up and raise your right hand and be sworn in by our City Clerk. All right. Priscilla A. Thompson (City Clerk): Are you going to read first or --? Maria J. Chiaro (Deputy City Attorney): You can swear first. Ms. Thompson: Okay. Ms. Chiaro: They're raising their hands already. Ms. Thompson: Okay. If you are testifying on any PZ (Planning & Zoning) item that's on the agenda, I need you to please stand up, raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. Ms. Chiaro: PZ items shall proceed as follows. Before the PZ agenda was heard, all those wishing to be sworn -- wishing to be heard should be sworn by the Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land -use change or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. The petitioner may ask questions of staff. The appellant or petitioner will be permitted to make final comments. Mr. Chairman. Chair Sanchez: All right. Everybody has been sworn in. PZ.1 05-00618ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN ALLEY LOCATED EAST OF SOUTHWEST 22ND AVENUE BETWEEN SOUTHWEST 5TH STREET AND SOUTHWEST 6TH STREET, MIAMI, FLORIDA. 05-00618ac Planning Analysis.pdf 05-00618ac Zoning Map.pdf 05-00618ac Aerial Map.pdf 05-00618ac Application & Supporting Docs.pdf 05-00618ac CC R-05-0486.pdf 05-00618ac Survey.pdf 05-00618ac Public Works Analysis.pdf 05-00618ac Plat & Street Analysis.pdf 05-00618ac ZB Reso.pdf 05-00618ac CC Legislation (Version 2).pdf 05-00618ac Exhibit A.pdf 05-00618ac CC 07-23-09 Fact Sheet.pdf LOCATION: Approximately East of SW 22nd Avenue between SW 5th Street and SW 6th Street [Commissioner Joe Sanchez - District 3] City ofMiami Page 120 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Altos Pointe Investments, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on July 2, 2009 by a vote of 4-1. ZONING BOARD: Recommended approval to City Commission on July 13, 2009 by a vote of 7-0. PURPOSE: This will allow a unified development site. Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0385 Chair Sanchez: Madam Applicant, are you ready? Okay, let's proceed. Roberto Lavernia (Chief of Land Development): Good afternoon. For the records [sic], Roberto Lavernia, with the Planning Department. PZ.1 is the vacating, abandoning, and discontinuing for the public use portion of an alley east of Southwest 22nd Avenue, between Southwest 5th Street and Southwest 6th Sfreet. The Planning Department recommend denial finding that has failed to demonstrate any public benefit provided as a result of the proposed alley closure. The Public Works Department recommend approval, and the Plat and Sfreet Committee recommend approval. The Zoning Board recommend approval on July 13, 2009. Chair Sanchez: All right. Madam Applicant. Lucia Dougherty: Good evening, Mr. Chairman, members of the Commission. Lucia Dougherty and Iris Escarra, with offices at 1221 Brickell Avenue, and cocounsel. Joel Maxwell: Joel Maxwell, with Ackerman Senterfitt, with offices at 1 Southeast 3rd Avenue, representing the property owner, Mr. Edward Pascoe. Ms. Dougherty: Joining us this afternoon is also Alan Lester and Gonzalo Negreti (phonetic), who are the project managers. Mr. Chairman, this is in your district. I think you know this project. It's a Major Use Special Permit that was approved several years ago, as well as a alley closure. We'd like to proffer some public purpose if -- unless you want us to go in detail with -- Chair Sanchez: No, no. Ms. Dougherty: -- the project. Okay. Chair Sanchez: This is a simple alley closure. The only concern that I have is, of course, what are we -- what is the City going to get out of this based on public benefit. Ms. Dougherty: Okay. The on -site improvements, which you'll see in the diagram here, are the enhanced pedestrian sidewalk along 22nd Avenue, a ten foot -- which is a ten -foot -wide sidewalk -- current sidewalk is five feet, and it's also in our property, as opposed to the public City ofMiami Page 121 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 right-of-way -- decorative pavers, landscape buffer, shading secured by a Major Use Special Permit, all to be completed prior to the CO (Certificate of Occupancy). And then in addition to that, we are proposing ten mature flowering frees, acceptable to the City's arborist, to be located on the Cuban Memorial Boulevard linear park along Southwest 13th Avenue -- Chair Sanchez: All right. Ms. Dougherty: -- or an alternative park, which is in Commission District 3, acceptable to the Commission office, to be installed prior to CO. Chair Sanchez: All right. PZ.1, it's a resolution. So move. Commissioner Sarnoff All right. We have a motion. Do we have a second? Commissioner Regalado: Second. Commissioner Sarnoff All right. It's a public hearing. Do we have to open up to the public? Public hearing's open. Public hearing's closed, coming back to the Commission. Any Commissioner wish to comment? All right. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Sarnoff All right. Mr. Maxwell: Thank you very much. Chair Sanchez: Thank you. PZ.2 09-00140zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 40, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-3" MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL TO "0" OFFICE FOR THE PROPERTIES LOCATED AT APPROXIMATELY 1028-40 SOUTHWEST 36TH COURT, 985-95 AND 1031-35 SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00140zc Analysis.pdf 09-00140zc CC Zoning Map.pdf 09-00140zc Aerial Map.pdf 09-00140zc Letter of Intent.pdf 09-00140zc Application & Supporting Docs.pdf 09-00140zc ZB Reso.pdf 09-00140zc CC Legislation (Version 2).pdf 09-00140zc Exhibit A.pdf 09-00140zc CC SR 07-23-09 Fact Sheet.pdf LOCATION: Approximately 1028-40 SW 36th Court, 985-95 and 1031-35 SW 37th Avenue [Commissioner Tomas Regalado - District 4] APPLICANT(S): A. Vicky Garcia -Toledo, Esquire, on behalf of I.H. Real Estate City ofMiami Page 122 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Investor, Corp., a Florida Corporation FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended denial to City Commission on March 9, 2009 by a vote of 7-0. PURPOSE: This will change the above properties to "0" Office. The applicant has proffered a covenant for these properties. Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, 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 13085 Chair Sanchez: Okay. PZ.2. PZ.2, I think -- all right. Commissioner Sarnoff Are you ready to present? Carter McDowell: We are. Commissioner Sarnoff Okay. Why don't you start, City. Roberto Lavernia (Chief of Land Development, Planning Department): PZ. 2 is second reading of a request for a zoning change from multifamily medium -density residential to office. Planning Department recommend denial; Zoning Board recommend denial, but it pass on first reading on June 25, 2009. The applicant offer a covenant. We review the covenant and we're in agreement with the project that they are presenting. Commissioner Sarnoff All right. Commissioner Regalado: And Mr. Chairman, ifI may? Commissioner Sarnoff Yes, sir. You're recognized. Commissioner Regalado: The covenant is about parking, that that would be parking, right? Mr. Lavernia: No. The covenant is for the whole project that they are presenting. Commissioner Regalado: No, I understand. But going back to 36 Court, it would be the parking or the pool area or what's this --? Mr. McDowell: One second. For the record, my name's Carter McDowell. I'm here covering this hearing for Vicky Garcia -Toledo, who has been handling this matter. She has the pleasure of being with her newly -born granddaughter, Gabrielle, who was born yesterday morning, and that's why she's not here this afternoon. The portion of the property along 36th Court would remain as solely the recreation area for the project. There would be -- there's a one-story open pavilion that serves that, and there's a wall around it set at the front setback line. It's 30 feet from 36 Court. The wall does not go all the way to the street. And so, yes, that would be the only use there. At the first reading, which was unanimous approval by the Commission, we were asked by the Chair at that time to include within the covenant a specific restriction saying there would be no vehicular or pedestrian access to the Southwest 36 Court. We have amended the City ofMiami Page 123 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 covenant to do that. It's been reviewed by the CityAttorney's Office -- Commissioner Regalado: No. I requested that -- Mr. McDowell: -- and by the Planning Department. Commissioner Regalado: -- but -- I'm fine with that covenant. The only thing, you know, I would suggest -- and that's up to you because it's much better for the construction -- is to find some kind of paint that would deflect graffiti. 'Cause I'll tell you, in that area, there is -- we are having problems with the -- with graffiti, and specifically on 36 Court and 37th Avenue. So -- Mr. McDowell: We -- Commissioner Regalado: -- it's just a suggestion. Mr. McDowell: -- think that that's good advice. We will certainly follow that advice. There are specific paints that are resistant to graffiti. I would also say that the landscape plan calls for significant planting in front of the wall, so that it should not be accessible from the public right-of-way. I mean, it certainly will be seen through the landscaping, but it should not be immediately accessible for artists to do their work. Commissioner Regalado: Okay. Mr. Chair, I would move to approve on second reading this ordinance with the covenant and all -- Commissioner Gonzalez: Second. Commissioner Regalado: -- the detail. Commissioner Sarnoff All right. We have a motion. We have a second. We have a public hearing. Would anybody from the public like to be recognized? Jorge Torres: Yes. Commissioner Sarnoff Yes, sir. Just -- Mr. Torres: My name is Jorge -- Commissioner Sarnoff -- state your name and address for the record. Mr. Torres: -- Torres, and I'm one of the owners of the property directly adjacent to the proposed site. Is it my understanding that this -- the main building has been approved? Commissioner Regalado: No. The main building is on 37. Mr. Torres: That's correct. Commissioner Regalado: So what we did here is change the zoning on 36 Court, but with a covenant that it will not go over one story. This is what we done. I don't know if the building -- maybe City Administration can tell us if the building -- because the building is by right on 37. We cannot do anything -- what we did here is 36 Court and IOth, and it has to have a covenant whereby there will not be a tall structure on 36 Court. Is that --? Mr. Lavernia: That is correct. It's only one floor facing 36 Court. Commissioner Regalado: So the building on 37 -- do you know about the building on 37? City ofMiami Page 124 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. McDowell: We have met with our neighbors, as you requested us to do. I, in fact, went over the plans -- not with this gentleman 'cause he start -- he arrived a little bit later, but with two -- I guess, his brothers and sisters -- two of his brothers and sisters who are here in the back; explained the plans, showed them the setback, showed them the landscape plans, showed them the overall -- Commissioner Regalado: No. But -- Mr. McDowell: -- property. Commissioner Regalado: -- he's asking about the building itself -- Mr. McDowell: The building -- Commissioner Regalado: -- on 37. You're talking about 37. Mr. Torres: My question is has the entire area -- 'cause -- my understanding is that this area is a noncommercial area. It's -- the limit is four stories for the entire area, and our main concern here is privacy issues, noise pollution, and also basically damage to the existing sfructure on our property during times of building. So we want to know -- 'cause I wasn't aware that this had passed as far as approval for the building in excess of four stories because the area, my understanding, is a maximum is four stories, not nine stories, which they're planning to do. In addition, they're planning to create a parking sfructure directly behind our home, which, if you've ever lived behind a parking structure, it's not a pleasant site. And my understanding is it's a nine -story building, and five stories in excess of the four stories which are being built behind our building. And my understanding this is a residential area, not a zone for commercial. Commissioner Sarnoff Well -- Commissioner Regalado: What we did here is 36 Court, and 37th Avenue, but I just want to understand his issue with 37th Avenue because there are taller buildings than four stories on 37th Avenue right now. Mr. Torres: Not in that area. Commissioner Regalado: Not in that area, but on 16, on 17 -- Mr. Lavernia: Yeah. Commissioner Regalado: -- five blocks away. Mr. Lavernia: There's -- first of all, this is a change on the zoning atlas because the land use has already that -- this designation. They're frying to match the zoning atlas and the land use. The designation on 37 is also R-3. They are changing as part of this application, and they can build up to five stories on R-3. Mr. McDowell: Under the existing zoning, we're permitted five stories today, both on 36th Court and on 37th Avenue. With this zoning, we will be permitted to build a taller building along 37th Avenue. We've provided a covenant that ties us to a specific set of plans, substantial compliance. That set of plans, in fact, has really no building on the 36th Court side. It has a ground -level pool and two bathrooms and a storage room in a well -designed, small building, one story only, on the 36th Court side. So, in effect, with this approval, you will be limiting 36th Court to one story, where it could be five stories today under the existing story [sic]. City ofMiami Page 125 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff But can I ask -- would it be worth your while to spend ten minutes --? I'll table this for a moment and you can spend ten minutes with the counselor and just go over it with him, and then, if you have issues, we can finalize it. Mr. Torres: Yeah. My main concern is it seems to me -- and maybe I'm wrong. Maybe you can clarify this for me. But this seems to fly in the face of what this Commission has been working for in the last couple years, which is Miami 21. And you have here a one-story building, and next to it, you have a nine -story building. And it just doesn't make sense to me. And my understanding was that this is not supposed to happen ever since you guys proposed and spent a lot of money, you know, getting City planners to build buildings that were commensurate with other buildings. So, I mean, I don't understand how they -- Commissioner Regalado: The problem with this particular property -- and I know the area -- is that it was zoned R-3. The one on 36 Court was zoned R-3 that by this Code would allow them to build, I think, four story or five stories. On 36 and 10th and -- they -- had they not changed the zoning and place the covenant, they could have built a four-story right there next to the next house on 36. That was my issue from the beginning on this, and with the covenant, they won't be able to go -- Mr. Torres: Over -- Commissioner Regalado: -- farther than one story on 36 Court. Now on 37, that's the other issue. Mr. McDowell: And in all honesty, the plans even on the 37th side, the parking pedestal is only three stories adjacent to them. The building that's permitted under existing zoning both on our property and on their property is a five -story building. So the parking pedestal which is close to them has been designed in accordance with the urban design review guidelines. It is not an open parking structure. It looks like it's a building. It does have punctures for ventilation, but it's got a skin on it. It's not an open parking structure. It's shorter than the building we could build today under the existing zoning, and the nine stories is set a further 65 feet back -- or 55 feet back from that property line today. What you have is an older property that has been there, apparently, for generations at this point. That is a one-story building on their property in an area that's zoned for five -story buildings. So you have a situation that is kind of -- I can only describe it as kind of an historical accident, if you will. We believe that what we have done -- and I think the City staff agrees with us -- is very compatible on both the 37th Avenue/Douglas Road side and on the 36th Court side by pushing all of the mass away from 36th Court and limiting that area to a ground -level use with a six-foot wall around it so they will have privacy with the wall and very limited -- very, very limited use 'cause we're not providing nightlights or anything else. So, after dark, it should be completely quiet. Commissioner Sarnoff You want to -- do you want to spend ten minutes with them? Mr. Torres: Yes, please. Commissioner Sarnoff All right. Let's table this just for ten -- well, we'll table it for two or three PZ (Planning & Zoning) items, and then give you guys the chance to come back. Just let us know -- Mr. McDowell: Okay. Commissioner Sarnoff -- when you're ready. Mr. Torres: Quick question. Has Miami -- and I hope I'm not out of line here -- 21 passed? City ofMiami Page 126 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff No. Mr. McDowell: No. "[Later...]" Chair Sanchez: Have we done PZ.2? Mr. Torres: No. Chair Sanchez: All right. Let's do PZ.2. You've been here most of the day. Your property's what, 10 --? Ms. Thompson: Chair. Chair Sanchez: Yes. Ms. Thompson: What happened with PZ.2 -- Commissioner Sarnoff Tabled. Ms. Thompson: -- the discussion was started, and it was tabled so they could meet -- Mr. Torres: Right. Ms. Thompson: -- so they've had discussion. Chair Sanchez: Okay. So you're -- Mr. Torres: Right. Chair Sanchez: -- still having discussion? Mr. Torres: Yeah -- no. We're done with discussion. Chair Sanchez: You're done? You've come to an agreement? Mr. Torres: No. Chair Sanchez: You haven't? Mr. Torres: No. No, sir. Chair Sanchez: Okay. Mr. Torres: I need clarification, first and foremost, ifI may, for the record. Again, my name is Jorge Torres. I'm one of the owners of the property that's directly behind the building that they're proposing. First and foremost, they're indicating the covenant runs with the land. I want to clarify -- make sure that if that is sold, that it would run with the land. But my major concern is -- and this is the concern that I -- Chair Sanchez: Well, let's get that question answered first. It would run --? Mr. McDowell: We have proffered a covenant that's been reviewed the City Attorney and the Planning Department. It will be submitted -- it's already executed. It will be submitted as soon City ofMiami Page 127 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 as the appeal period runs and recorded. It will run with the land -- Chair Sanchez: Okay. Mr. McDowell: -- unequivocally, and it will not be able to be changed, unless it comes back to this body with notice. Chair Sanchez: Yes, sir. Proceed. Mr. Torres: The second issue that I have is -- and this is the main issue, and it, again, goes to Miami 21 and the whole idea of this board and the Mayor and what we have been working for the past few years to fry to get the City. They have a plan to build a nine -story building behind our building. If this does not pass, they cannot build that nine -story building. They would have to build two 5-story buildings. Our concern is if this passes, how many stories can they go up to? They can go up to any they want. They just keep coming here and asking for an amendment, asking for a change, asking for another change. I think that this should be limited to five stories in this area. This is a residential area. This is exactly what Miami 21 has been attempting to prevent, what this Commission has been attempting to prevent, and what this Mayor has been attempting to prevent. And this is creating buildings that do not have a relationship to each other. A nine -story building next to a one-story building makes no sense in this city. Chair Sanchez: Okay. Can you address that? Mr. McDowell: Yes. First, I would note in the staff and the Urban Design Review Board review of the project, they determined that we would meet the requirements of Miami 21, even though it hasn't been adopted as yet. In essence, what we are seeking -- and I apologize. This is going to be a little bit hard to do. But we can build -- their property sits here. Under the existing zoning, we can build a five -story building on both sides of them, much as you see the blue footprints. What we are ask -- what this will allow us to do is, effectively, take this five -story building -- and so we don't have five -story buildings on both sides of them, move that mass over to the 37th Avenue/Douglas frontage. So they will end up with no buildings, other than this small cupola associated with the building. Instead of having a five -story building here and here, they will have no building here and the mass will be here, and it's set 55 feet away from the property line. There is no vehicular access, no pedestrian access to 36 Court. It puts the mass where it belongs, on Douglas Road. It is a, as you know, very, very heavily traveled roadway. And we are tied, by covenant, to these plans. That's the -- Commissioner Sarnoff The angle of -- Mr. McDowell: -- bottom line. Commissioner Sarnoff -- inclination for Miami 21 is what? Mr. McDowell: I -- in all honest -- Commissioner, I am not 100 percent sure exactly what would happen, but it's a misnomer to say we're putting a nine -story building next to a one-story building. We're putting a nine -story building next to a district that permits a five -story building. They happen to have a one-story building, but the zoning on their own property has allowed a five -story building in that location for decades. It's not a new item. They just happen to have a one-story building that's sitting there. So, in effect, what you're doing is putting a -- if you -- if they were to redevelop their property under existing zoning, they could put a five -story building here. Our parking pedestal is three stories, 44 feet; our other building is nine stories. So you would have five to a pedestal of about the same height, and then the taller building on Douglas Road. I think it's actually very compatible -- Commissioner Regalado: How many stories -- City ofMiami Page 128 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. McDowell: -- with those principles. Commissioner Regalado: -- across the street in Coral Gables, the building? Mr. McDowell: Coral Gables, just to the north, is about 16 stories, actually. To the Douglas entrance -- Commissioner Regalado: Yeah. Mr. McDowell: -- buildings around it are much bigger than this proposal. And -- Chair Sanchez: All right. But I think -- Mr. McDowell: -- the same is true south of us. Chair Sanchez: -- you've answered the concern. I think there's a running covenant that it would not be built. The five -story would not be built there. It'll just be -- what is it, a pool and --? Mr. McDowell: It's a ground -level pool with a six-foot wall around it and a one-story bathroom building -- Chair Sanchez: Okay. Mr. McDowell: -- essentially. Chair Sanchez: So there's no building being built based on the covenant? Mr. Torres: That's not my concern. My concern is the other building on 37th. They can keep coming back here and asking for an increase in the amount of stories. What's to prevent them from doing that? Right now, they've moved from a five -story maximum to a nine story. Chair Sanchez: Well, I think the Administration needs to address that. I mean -- Commissioner Regalado: You're saying that you want to -- Mr. McDowell: The existing land use -- Chair Sanchez: Yeah. Commissioner Regalado: -- come back? Chair Sanchez: No, no. Mr. McDowell: No. What I said to the gentleman, in all fairness, we have a covenant that will limit us to the plans that he has seen and that you have seen. Commissioner Regalado: Okay. Mr. McDowell: In fairness, I said to him, someone in the future could ask the Commission -- could change that, but they can't do that without coming to this body with notice -- Chair Sanchez: They would have to come back to -- Mr. McDowell: -- to them -- City ofMiami Page 129 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: -- this Commission. Mr. McDowell: -- and an opportunity to be heard. And I didn't want to say no it can never be changed. That wouldn't be honest. That -- it's not that we're coming back. Chair Sanchez: Yeah. Mr. McDowell: It's -- it is a covenant that, unlikely, you know -- Chair Sanchez: What we approve here today is the project. Mr. Torres: Is the covenant. Chair Sanchez: Is the covenant. It's what -- Mr. Torres: I understand that. Chair Sanchez: -- attached to the covenant, so -- Mr. Torres: If you approve the covenant, that would mean that they cannot -- Commissioner Regalado: Build. Mr. Torres: -- they can build a nine -story building on 37th Avenue. Chair Sanchez: Correct. Commissioner Regalado: And one story -- Mr. Torres: Forget the pool. I'm not talking about the pool. I'm talking about 37th Avenue. If you don't approve it, they can't build that nine -story building on 37th Avenue. That's my concern. It's that they're changing the area from a five to a nine. It's not -- forget the pool. That's not my concern. My concern is the nine -story building. Chair Sanchez: All right. Okay. Commissioner Regalado: The zoning on 37th is high density any -- but -- Chair Sanchez: Do we have a motion on this? Commissioner Regalado: Yeah. I have -- you have a -- Chair Sanchez: There's a motion and a second? Ms. Thompson: Yes. Chair Sanchez: Okay. So -- Mr. McDowell: We're doing what your Comprehensive Plan has said this area should do along Douglas Avenue for many, many years, and in a very limited fashion. We are not maxing out our development rights -- Chair Sanchez: PZ what? City ofMiami Page 130 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. McDowell: -- on this property. Commissioner Sarnoff PZ.2. Commissioner Regalado: PZ.2. Mr. McDowell: PZ.2 is the item. Chair Sanchez: PZ.2. Okay, it's an ordinance. I mean -- public hearing was opened and closed. People had an opportunity to address the Commission. I'm sorry. I just got in in the middle of this item. So therefore, there's a motion and a second. It's an ordinance. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: All right, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading -- Chair Sanchez: Based on the covenant. Ms. Thompson: -- 3-0. Chair Sanchez: Okay. All right. PZ.3 07-00939zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 627, CONCERNING THE SD-27 MIDTOWN MIAMI SPECIAL DISTRICT TO CLARIFY THAT MULTIPLE USES ON THE SAME BUILDING INCLUDE A COMBINATION OF RESIDENTIAL, RETAIL AND OFFICE; EXCLUDING FROM THE DEFINITION OF MIXED USES IN SD-27 THE COMBINATION OF ONLY RESIDENTIAL AND/OR LIVE/WORK USES IN A BUILDING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 07-00939zt PAB Reso.PDF 07-00939zt CC Legislation (Version 4).pdf 07-00939zt CC SR 07-23-09 Fact Sheet.pdf 07-00939zt-Submittal-Lucia Doug herty.pdf LOCATION: 1) SE Corner of the Intersection of N Miami Avenue & NE 36th Street; 2) SW Corner of the Intersection of NE 36th Street & NE 2nd Avenue; and 3) SE Corner of the Intersection of NE 34th Street & NE 1st Place [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami City ofMiami Page 131 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 FINDING(S): PLANNING DEPARTMENT: Recommended approval without exceeding the approved Regional Activity Center (RAC). PLANNING ADVISORY BOARD: Recommended approval to the City Commission on July 23, 2007 by a vote of 7-0. PURPOSE: This will permit retail and office uses in mixed -use buildings at intersections of the SD-27 "Midtown Miami Special District". Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones 13083 Commissioner Sarnoff All right. We have PZ.4. Commissioner Regalado: 3. Commissioner Sarnoff Is it 3? I'm sorry. PZ.3. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.3 is also second reading of an amendment to the ordinance regarding SD-27 Midtown Miami Special District for some changes in the language. Those changes were made at the resolution and Lucia will present. Planning Department recommend approval, and the Planning Advisory Board recommend approval, and passed on first reading on September 27, 2007. Commissioner Sarnoff All right. We have an ordinance. Does anybody need to hear any discussion on this? Do we have a motion? Commissioner Gonzalez: Move it. Commissioner Sarnoff We have a motion. We have a second. Public hearing. Anybody wishing to speak before this, please speak now. Public hearing is closing. We have an ordinance. City -- Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Sarnoff All right. Madam Clerk, we have an ordinance. Priscilla A. Thompson (City Clerk): Yes. Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Lucia Dougherty: Thanks very much. PZ.4 09-00025zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 907, IN ORDER TO REQUIRE City ofMiami Page 132 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 A CLASS I SPECIAL PERMIT FOR APPLICATIONS FOR SPECIAL YARDS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00025zt PAB Reso.pdf 09-00025zt CC Legislation (Version 2).pdf 09-00025zt CC SR 07-23-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on May 20, 2009 by a vote of 9-0. PURPOSE: This will allow the requirement of a Class I Special Permit for applications of special yards. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones 13084 Commissioner Sarnoff All right. PZ.4. Lourdes Slazyk (ZoningAdministrator): PZ.4 is a second reading ordinance to introduce a Class I Special Permit for application of special yards. This was approved on first reading in June. Commissioner Gonzalez: Motion. Commissioner Sarnoff All right. We have a motion. Do we have a second? Commissioner Regalado: Second. Commissioner Sarnoff We have a motion and a second. Madam City Attorney -- public hearing. Anybody wishing to speak before the City Commission, please speak now. Public hearing is closed. Madam City Attorney. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Sarnoff Madam Clerk. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 133 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Ms. Thompson: The ordinance has been adopted on second reading, 3-0. PZ.5 08-01207Iu ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71ST STREET AND 185 NORTHEAST 70TH STREET AND THE ABUTTING ALLEY TO THE EAST, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-012071u Analysis.pdf 08-012071u Land Use Map.pdf 08-012071u Aerial Map.pdf 08-012071u PAB Reso.pdf 08-012071u School Board Concurrency.pdf 08-012071u Application & Supporting Documentation.pdf 08-012071u CC Legislation (Version 2).pdf 08-012071u Exhibit A.pdf 08-012071u CC FR 07-23-09 Fact Sheet.pdf LOCATION: Approximately 190 NE 71st Street and 185 NE 70th Street and the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 18, 2009 by a vote of 8-0. See companion File ID 08-01207zc. PURPOSE: This will change the above properties to "Restricted Commercial". Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: Madam Clerk, just call the next item. Priscilla A. Thompson (City Clerk): They're companion items. We have -- Chair Sanchez: All right. Ms. Thompson: -- 4 and 5, and I think that's in District 5, and so is -- I'm sorry, 5 and 6, District 5, and 7 and 8 -- City ofMiami Page 134 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Well, can we get -- Ms. Thompson: -- District 5. Chair Sanchez: -- the Commission for the district? If not, why don't we wait for the -- Let's try to get through this agenda. Okay, on -- you're ready for PZ -- Vice Chair Spence -Jones: PZ.5, right? Chair Sanchez: -- 5? Ms. Thompson: 5 and 6. Chair Sanchez: All right. Roberto Lavernia (Chief of Land Development, Planning Department): PZ (Planning & Zoning) Chair Sanchez: PZ.5. It's an ordinance. Mr. Lavernia: PZ.5 and 6 are companion items. One is the request for the change of the future land -use map of the Comprehensive Plan, and 6 is the change of the zoning atlas of 11000. It's changing the Comprehensive Plan from duplex residential and medium density to restricted commercial, and then the zoning from R-3 and R-2 to C-1. The Planning Department recommend denial on both cases. The Planning Advisory Board recommend denial. The Zoning Board recommend approval. It was continued on June 25. The Planning Department base their recommendation of denial in -- that it's an intrusion of commercial uses into residential. Thank you. Chair Sanchez: All right. The applicant, are you ready? Estrella Sibila: Yes. Chair Sanchez: How much time -- Ms. Sibila: Good evening. Chair Sanchez: -- are you going to need? Ms. Sibila: Good evening, members of the board. I probably need, maybe, ten minutes to get through my presentation, if you can indulge me with that much time? Chair Sanchez: Yes, absolutely. State your name and address for the record. Ms. Sibila: Absolutely. My name is Estrella Sibila, with law offices at 2525 Ponce De Leon Boulevard. I'm here this evening on behalf ofMr. (UNINTELLIGIBLE) and Mr. Niclas and his wife, Lisanne Pierre. They are business owners in the Little Haiti community, and they're the owners of the properties that we're seeking the rezoning and the land -use change this evening. What we're seeking is a change from basically residential designation of duplex and medium -density residential to restricted commercial. And the companion item is a zoning change to C-1 with an SD-29 overlay. Now the properties that were -- that are in question today are these two. Our property owners also own the balance of this so to create a unified development site in the future, should this go forward. We're located on two arterial -- on two major roadways, Northeast 71 st Street and Northeast 2nd Avenue. The Northeast 2nd Avenue City ofMiami Page 135 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 corridor connects basically the northern portion of the city, which has seen much less development to the southern portion. If you're -- as you're aware, the 2nd Avenue corridor has seen the FEC (Florida East Coast) corridor study, as well as some other initiatives that have taken place in order to beautify that area. Most of that -- those initiatives and beatification has occurred south of 55th Street and we're taking some initiatives to move some of that newer development up north a little further. Our request is consistent with several provisions of the Comprehensive Plan, particularly those that deal with land use, capital improvements, and the CI, capital improvement elements. What's important to point out here is that we're not asking for a new -- this designation to create any sort of residential development. What we're seeking in the future to provide here is a commercial development that would provide new job opportunities, would provide new work opportunities, and would also provide new retailing opportunities in this area. If you take a look at the zoning that's around us, we have some industrial areas. We also have some residential, and we have the commercial corridor that fronts on 2nd Avenue. There's very little that's happened there, and what we're trying to provide is new opportunities that will be able to service the residential users as well as some of the other business users in that area. The restricted commercial category will allow this mix of uses in this urban infill site. We already have water and sewer service available here. We already have public transportation that takes place directly in front of this site, which will serve the residents, commuters that are accessing this building, as well as the businesses and the folks that are coming to the -- those establishments as well. The designation is consistent with the L U-1.1, 1.1.7, 1.2, 1.3. All of these items deal with providing a mix of uses that will allow residential and commercial to take place in close proximity to one another so that the residents do have opportunities to shop, employ, house, recreate; all in proximity. But what we're also frying to do here is we're trying to take advantage of the area in the sense that this is an area that has seen little development. It has -- it's been identified by the federal government as a tract that has a very high poverty rate, very low employment rate, and also a very low medium income rate. So what we're frying to do is take advantage of the area that this is in in the sense that it's a Brownfield redevelopment area. It's also within the Little Haiti targeted urban area. It's also within a neighborhood development zone and an economic initiative zone. So the commercial project that we would bring here, not only will it bring jobs during the construction, but it also has some incentives for the business owners that were to move into this development. So what we're trying to provide is a two fold effect. First, we get the jobs on the front end, some sort of initiative of economic and business development in that particular area, and then at the tail end, we'll have some businesses that will be able to take advantage of some of the economic incentives that are provided by the federal, state and local government for new businesses to be located at that location. It's important for us, and it's important for us, being the applicant, Mr. Pierre, that this project go forward. He's a business owner in the area. He's seen the need. He's a Haitian immigrant, and he's also recognized that the -- his neighbors and residents in the area need a place close to them where they could do all of these accessory shopping, retailing, and office areas. So I ask that-- ifyou have any questions, I'm available to answer them. But I do ask that you go 'head [sic] and approve this today on first reading. Chair Sanchez: And you want to reserve some time for rebuttal. Ms. Sibila: Yes, sir. Vice Chair Spence -Jones: Is there anyone in --? Chair Sanchez: Is there anyone in opposition to this item that's in front of us today? We are on PZ.5. It is PZ.5. The open -- the public hearing is opened. Is there anyone from the public? At this time, the public hearing is closed, coming back to the Commission. Can we get a motion on this ordinance? Vice Chair Spence -Jones: So moved. City ofMiami Page 136 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Regalado: Second. Chair Sanchez: There's a motion by -- Vice Chair Spence -Jones: But just -- Chair Sanchez: -- the Vice Chair, second by Commissioner Regalado. Vice Chair Spence -Jones: -- have a question, Mr. Chairman. Chair Sanchez: Question. Vice Chair Spence -Jones: Just so that I'm clear, though -- I -- if you don't mind. I know exactly where the space is. Right now, you know, it looks abandoned as you pass by it fi^om the standpoint of the lots behind it, so I'm just glad that something's actually happening on that corner 'cause that's a very important corner. Ms. Sibila: Absolutely. Vice Chair Spence -Jones: And we -- especially in my district on 71 st Street, we're looking at, you know, doing some upgrades in the area on the roads, so -- and also on Northeast 2nd Avenue, which is, you know -- of course, you know, we have funded for a major road improvement project. What is actually -- just want to be clear about what's actually slated to go there. Ms. Sibila: We've been through the internal design review process with the City starting back in about Hay 2008. Vice Chair Spence -Jones: I just want to see it. Ms. Sibila: This is the latest version of the rendering. We stopped through the design process because of the land -use change and the zoning change that we need here to effectuate the development. I didn't think it was wise to have our client continue to invest money in the design process 'cause we went back and forth with design review about three different times when we still had all of these other processes that were pending. This is the latest version that was presented to the IDR (Internal Design Review) back in maybe May or June of 2008. Vice Chair Spence -Jones: Okay. I just want to ask Ana real fast -- and I probably think I know why she probably would -- why it probably was not support, per se, from the staffing -- what was your concern about? Where it was? Ana Gelabert-Sanchez (Director, Planning Department): They did come through internal design review. Usually, when they come we have a list of comments, and the applicant usually responds to the comments to try to -- we try to find a, you know, kind of a happy medium where they come closer to what we are require. Like Estrella just said, they kind of stopped the process of the internal design review waiting on this action. Vice Chair Spence -Jones: And then they'll come back -- Ms. Gelabert-Sanchez: So -- Vice Chair Spence -Jones: -- to -- you'll go back to -- Ms. Gelabert-Sanchez: -- well -- City ofMiami Page 137 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: -- them to --? Okay. Ms. Gelabert-Sanchez: -- they -- because of the SD (Special District) that they are asking, that SD, the special district, will require a Class II, so they will have to come through a Class II. Usually, in other projects, like the one you had seen before, they had gone through internal design review, so if you were to ask us what do you think of the project, then we would have been able to recommend. At this point, they started the process, but it hasn't concluded. Vice Chair Spence -Jones: Okay. All right. Chair Sanchez: All right. Vice Chair Spence -Jones: I'm fine with it. Chair Sanchez: Any further questions? If not, it is an ordinance. Read the ordinance into the record, 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. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Ms. Sibila: Thank you. PZ.6 08-01207zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 13, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-29" HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71ST STREET, 185 NORTHEAST 70TH STREET AND THE ABUTTING ALLEY TO THE EAST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01 207zc Analysis.pdf 08-01 207zc Zoning Map.pdf 08-01 207zc Aerial Map.pdf 08-01 207zc Letter of Intent.pdf 08-01 207zc Application & Supporting Docs.pdf 08-01 207zc ZB Reso.pdf 08-01207zc CC Legislation (Version 2).pdf 08-01 207zc Exhibit A.pdf 08-01207zc CC FR 07-23-09 Fact Sheet.pdf City ofMiami Page 138 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 LOCATION: Approximately 190 NE 71st Street, 185 NE 70th Street and the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on April 13, 2009 by a vote of 5-1. See companion File ID 08-012071u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial with an "SD-29" Historic Lemon City/Little Haiti Village Special Overlay District. Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Estrella Sibila: There's a second companion item, which is the -- Chair Sanchez: There's a companion item. Can I get a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a -- Commissioner Regalado: Second. Chair Sanchez: -- motion and a second. For the record, the Vice Chair has made the motion. Commissioner Regalado has second it. It is also an ordinance. It is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Sanchez: All right. Ms. Sibila: Thank you. Unidentified Speaker: Thank you. Chair Sanchez: You're welcome. PZ.7 08-01320Iu ORDINANCE First Reading City ofMiami Page 139 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 629, 635, 645, 655, 665 NORTHWEST 23RD STREET, 636 NORTHWEST 26TH STREET, 2451 NORTHWEST 7TH AVENUE AND 636 NORTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-013201u Analysis.pdf 08-013201u Land Use Map.pdf 08-013201u Aerial Map.pdf 08-013201u PAB Reso.pdf 08-013201u Public School Cuncurrency.pdf 08-013201u Application & Supporting Documentation.pdf 08-013201u CC Legislation (Version 2).pdf 08-013201u Exhibit A.pdf 08-013201u CC FR 06-25-09 Fact Sheet.pdf LOCATION: Approximately 629, 635, 645, 655, 665 NW 23rd Street, 636 NW 26th Street, 2451 NW 7th Avenue and 636 NW 24th Street, Miami, Florida [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire & Estrellita Sibila, Esquire, on behalf of Paradise Dairy Acquisitions, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 18, 2009 by a vote of 5-3. See companion File ID 08-01320zc. PURPOSE: This will change the above properties to "Restricted Commercial". Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: PZ.7. PZ.7 and 8. Okay. All right. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.7 and 8 are companion items, also a request to change the future land -use map of the Comprehensive Plan and the zoning atlas. The Planning Department recommend denial on both cases. This is an industrial area that have industrial north and south and east on the other side of the expressway. The request is for restricted commercial. They don't have any -- the restricted commercial designation is going to be an isolated designation in this site, so the recommendation of the Planning Department is for denial. The Planning Advisory Board recommend approval, and the Zoning Board recommend denial. Thank you. City ofMiami Page 140 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Okay. Tony Recio: Good evening, Mr. Chair, members of the board. For the record, my name is Tony Recio, with law office at 2525 Ponce De Leon Boulevard, here on behalf of Paradise Dairy Acquisitions, joined by Michael Wall and Mitchell Friedman of Paradise Dairy Acquisitions. I'm also joined by Guillermo Olmedillo, your former Planning director, who will advise on planning issues if this board wants to hear from him. And I also have Andrew Dolkart -- Chair Sanchez: Could I interrupt you for a minute? Is there anyone in opposition to this item? Mariano Cruz: I am for. Chair Sanchez: Okay. Vice Chair Spence -Jones: Oh, for. Chair Sanchez: Is there anyone to speak on this item? Okay. Mr. Cruz: Me. Chair Sanchez: You? All right, briefly. Mr. Recio: I'll be very brief. Let me just explain where the property is located. This is the old McArthur Dairy site. This is an aerial of the site. This is looking south. I don't want to confuse you. This is -- north is up here. This is a hodgepodge area. I know the Planning Department's recommendation talks about an industrial area. This is your zoning Code. This is the zoning overlay. This is actually G/I (Government/Institutional) over here; C-2 across the street. You've got G/I. You've got R-3 here. These are the Miami Stadium Apartments. You can actually see them in this other picture, just so that you could see the proximity. These -- this is R-3 in this area. As I said, it's a hodgepodge. This is actually an isolated strip of indusfrial that got severed from the overall indusfrial parcel to the east when they builtl-95. Now this used to also have railway access. At some point, the railroads abandoned those railways. There's actually still a historic gate for the old depot. That's no longer there. There's actually buildings on top of the tracks. Now that -- when the -- the problem with this area in terms of industrial development is access to major highways. The access is very tricky. And what's happened -- because the access is so difficult, you've got to cut under 95 and get all the way to 36th and North Miami or pull all the way back to 17th and 112. It's very difficult to get to a major highway. What's happened? Everybody's moved out. That's what McArthur Dairy did. McArthur Dairy pulled up -- they stayed in the City ofMiami, which was great. They moved up to 69th and 2nd Avenue because they've got great accessibility via 79th to I-95. That's why this area, unfortunately, because these businesses have moved out, what you have is blighted conditions. The CRA (Community Redevelopment Agency) expansion boundaries, which the County Commission, I understand, just heard about an hour ago or maybe still be hearing, actually expands to about a block south of this property. That's -- that blighted condition doesn't end at that street. It actually keeps going. And what you end up with are these dead-end streets and these -- this hodgepodge of different vacant lots, underutilized buildings, vacant structures. I do have -- I've got Mr. Dolkart here in case there are any questions regarding this -- Vice Chair Spence -Jones: Tony, I think that -- Recio: -- application. Vice Chair Spence -Jones: -- the last time this item came up, you know how -- my issue -- and I'm sure staff knows my issue has always been about indusfrial -- changing industrial. I only have a City ofMiami Page 141 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 very few places that I have it throughout my district, and I believe the accommodation that was made -- I just want to be clear on what -- be clear with me right now as to what's going to be put there, you know, that will -- Mr. Recio: Certainly. Vice Chair Spence -Jones: -- accommodate the commercial because -- Mr. Recio: Yeah. Vice Chair Spence -Jones: -- I don't have a problem if it's commercial included in the development because that is 7th Avenue, and I do want to at least make sure there are a lot of you know, warehouses and small, little storefronts on the 7th Avenue side abutting it. So I just want to make sure that there's a nice mix. So can you explain to me that just so that I'm clear, to put that on the record. Mr. Recio: Yeah. Plans are -- Vice Chair Spence -Jones: What -- Mr. Recio: -- still in the development stage, but there is going to be a significant commercial component. Most of this site -- its value is -- there's still value in the commercial -- Vice Chair Spence -Jones: Right. Mr. Recio: -- component of this. It will have probably a small -- maybe about a third of this site -- probably less than a third of the site as a housing component, but there -- the plans are also about commercial, office, retail, potentially hospital -connected uses with the UM (University of Miami) -- Vice Chair Spence -Jones: Okay. Mr. Recio: -- Life Sciences [sic] Park. Vice Chair Spence -Jones: And I just wanted to make sure of that 'cause, for me, my biggest concern was, again, you know, if that was going to be a site that was going to be all housing, I was going to have a real issue with it. It was explained to me by staff during my briefing -- Ana. I just want to make sure that -- I don't know if you briefed me -- or somebody else might have briefed me on this issue. You know how I feel about my industrial land. Ana Gelabert-Sanchez (Director, Planning): Yes, we do. We had not seen this that Mr. Recio presented to you, but -- Vice Chair Spence -Jones: Yeah. It -- Ms. Gelabert-Sanchez: -- it wasn't -- I don't know if Orlando did the briefing. I certainly did not. Vice Chair Spence -Jones: Okay. You had not -- so staff -- you haven't briefed staff on this at all? Mr. Recio: In terms of -- we've spoken to staff regarding this -- Vice Chair Spence -Jones: Who'd you speak to? City ofMiami Page 142 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Mr. Recio: -- issue. Ms. Gelabert-Sanchez: We spoke when we made the recommendation of denial based on that everything around the area -- Vice Chair Spence -Jones: I'm talking about from the -- Ms. Gelabert-Sanchez: -- is industrial. What I said that I had not seen was the, I think, boards that, Tony, you just presented showing the different scenarios; that, we had not seen. Vice Chair Spence -Jones: Okay. I mean, that was my recommendation, I know, maybe not on record, butt know that I made that recommendation prior to --I mean, after the last vote. That my concern was that I was not going to support anything that was 100 percent housing, but as long as it had a commercial piece to it, you know, because we do have the biomedical facility that's coming down the street, so there are some elements where many of the supporting businesses that are going to be doing business with UM's biomedical center, this could be a great place for them to have their ancillary office. So the -- I just want to be clear, though, what is actually planned for the space, and it sounds as though you guys have not spoken. Mr. Recio: No. Ms. Gelabert-Sanchez: I think, ifI may -- Mr. Recio: Just a -- Ms. Gelabert-Sanchez: -- from the Planning Department. There was no project presented to us, and there was no covenant presented to us. What was presented to us was the desire to -- Vice Chair Spence -Jones: So are they presenting a -- Ms. Gelabert-Sanchez: -- do projects -- Vice Chair Spence -Jones: -- are you guys presenting -- Mr. Recio: No. We had -- Vice Chair Spence -Jones: -- a covenant today? Mr. Recio: Not at -- not right now. We had actually met with the City Manager since the last -- Orlando Toledo (Senior Director, Building, Planning & Zoning): Yes. Mr. Recio: -- meeting, and that's where we -- Mr. Toledo: And let me clarify the record. Yes. Mr. Recio: Please. Mr. Toledo: When the attorneys and the developers met with the Manager and myself it was presented that a third -third -third, meaning a third residential, third retail, third office, and that's when the Manager went ahead and briefed you -- that's exactly what was briefed. Vice Chair Spence -Jones: That's what I got. Mr. Recio: Yes. City ofMiami Page 143 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: So -- but I haven't heard you say that really on the record. Mr. Recio: Oh, I'm sorry. We -- it's -- we met with the City Manager and the concept is about a third -third -third. It's -- Vice Chair Spence -Jones: So you're proffering that on the record? Mr. Recio: Yes, proffering it on the record. Vice Chair Spence -Jones: Ana, so you -- Ms. Gelabert-Sanchez: They met with the City Manager. Vice Chair Spence -Jones: For me, I mean, if it's going to be straight residential, I got a problem with it. Mr. Recio: Of course. Vice Chair Spence -Jones: You're telling me it's going to be a third, third, a third, and it's going to be part office, part residential, and part commercial, that's -- Mr. Recio: IfI can just make it a little more flexible, a third residential and two-thirds commercial, nonresidential. Vice Chair Spence -Jones: That's fine. Mr. Recio: Okay. Ms. Gelabert-Sanchez: We don't have a problem. Vice Chair Spence -Jones: Are you comfortable with that, Ana? Ms. Gelabert-Sanchez: We are comfortable with that. Vice Chair Spence -Jones: Okay. Now let -- you're uncomfortable with it? Ms. Gelabert-Sanchez: Yeah. We're comfortable. Our issue was -- you know, when it came to us, it was a zoning and a land -use change in an area that is industrial. And many times, someone may come and say, well, this is what we would like to do, but that's not necessarily what could happen after it's granted. Vice Chair Spence -Jones: After it -- Ms. Gelabert-Sanchez: That's why we don't have it -- that's, I guess, what they're proffering to vou, that that's what they'll do. Mr. Recio: Yes. Ms. Gelabert-Sanchez: If that's the case -- Vice Chair Spence -Jones: So that's what they have -- Ms. Gelabert-Sanchez: -- the Planning Department does not have -- City ofMiami Page 144 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: -- to do no matter -- Ms. Gelabert-Sanchez: -- any objection. Vice Chair Spence -Jones: -- what, right? That's what they have to do no matter what? Ms. Gelabert-Sanchez: That's what they're proffering to you right now. Mr. Recio: That's what we're proffering. Ms. Gelabert-Sanchez: Yes. Chair Sanchez: All right. Based on what they're proffering -- Vice Chair Spence -Jones: So moved. Chair Sanchez: We're on PZ.7. Commissioner Gonzalez: Second. Chair Sanchez: PZ.7, there's been a motion and a second. The public hearing was opened. Anyone wishing to speak on this item? Mr. Cruz: Public hearing. Mariano Cruz, 1227 Northwest 26 Street. I am a board member of the CountyAllapattah/Civic Center Empowerment Zone. And also, now I am the -- due to the untimely death of our Chairman Cabezas, Rafael Cabezas, I am the chairperson ofABDA, Allapattah Business Development Authority. I live 12 and 26, five blocks as the crow flys on this place. I know the corridor, the 441, for many years there because I live there. Igo by there twice, three times a week to see what they building there. And what seen building in that corridor is more and more and more state -- county facilities, federal that don't pay any taxes to the City. I'm going to tell you on the west side. You got the (UNINTELLIGIBLE) Armory. You got the County maintenance. You got the -- used to be now -- the halfway house there. It used to be the Amtrak station there. And you go there, they got another property, Lindsay Hopkins, Tower -- Claude Pepper Tower there don't pay any taxes. And you go to the east side and what you got? What used to be the (UNINTELLIGIBLE) and the Biscayne (UNINTELLIGIBLE), what you got? Booker T. Doesn't pay any tax there. I know because I live 46 years in the neighborhood. You cannot tell me. I can -- I don't need to have a paper. I can tell you everything there because these people at the MRC (Miami Riverside Center) have to come down from the ivory towers and go around to the neighborhood, okay, and drink coffee there at Laguna and drink coffee in the different places there, right; La Mia, different places there. That's where you got to -- and talk to the people. Okay, don't stay in your ivory tower. Oh, from 8 to 11 is the breakfast;; from 11 to 2 is the lunch; from 2 to (UNINTELLIGIBLE), we go home. No. You got to work. You get paid big money, all of you, big money, okay. And now -- and then you go on the other side, you keep on going, Women [sic] Detention Center. Okay. Now we have -- what used to be people pay (UNINTELLIGIBLE) and pay a lot of taxes, they -- Seacoast line, the FEC warehouses, what we have now? (UNINTELLIGIBLE) in there. It's no tax there. No profit. Then you keep on going -- now, oh, we're right there. Vice Chair Spence -Jones: Mr. Cruz. Mr. Cruz: (UNINTELLIGIBLE), okay. Used to be (UNINTELLIGIBLE). Chair Sanchez: In conclusion. Mr. Cruz: Right. There, my wife is watching me. She wants something there like Midtown City ofMiami Page 145 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 there. That way, we don't have to go to Pembroke Lakes or to whatever, Dadeland. We can go - - we can do it right there, like Midtown. Chair Sanchez: You don't go to Midtown? Mr. Cruz: Yeah. Igo to Midtown too. See, I used to go to Target next to my post office. Now I go to Midtown Target. Chair Sanchez: Okay. Mr. Cruz: So I spend the money in the City ofMiami. Chair Sanchez: All right. Mr. Cruz: But you know -- Chair Sanchez: So, for the record, you're okay (INAUDIBLE). Mr. Cruz: Yeah. You got to have things in the City to provide jobs. Otherwise, what will become there, another prison there or another thing there because that's what they do in Allapattah. Chair Sanchez: Thank you. Mr. Cruz: All the things that nobody wants, they put it there. Chair Sanchez: Thank you. Vice Chair Spence -Jones: Thank you. Mr. Cruz: Okay. Even if it is in your neighborhood according to the election, it's still the 441 corridor is our corridor. Vice Chair Spence -Jones: Yes. Chair Sanchez: Any further discussion on PZ.7? No discussion on PZ.7? Read the ordinance into the record, 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. Priscilla A. Thompson (City Clerk): Prior to your roll call, I wanted to make sure whether or not the proffer or those things stated on the record would be changing or modifying your ordinance? Maria J. Chiaro (Deputy City Attorney): No. They are proffered on the record, but do not change the legislation. Ms. Thompson: Thank you. Chair Sanchez: All right, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 146 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Ms. Thompson: The ordinance has been passed on first reading, 4-0. PZ.8 08-01320zc ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2451 NORTHWEST 7TH AVENUE, 636 NORTHWEST 24TH STREET, 636 NORTHWEST 26TH STREET, 629, 635, 645, 655 AND 665 NORTHWEST 23RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01320zc Analysis.pdf 08-01320zc Zoning Map.pdf 08-01320zc Aerial Map.pdf 08-01320zc Letter of Intent.pdf 08-01320zc Application & Supporting Docs.pdf 08-01320zc ZB Reso.pdf 08-01320zc CC Legislation (Version 2).pdf 08-01320zc Exhibit A.pdf 08-01320zc CC FR 07-23-09 Fact Sheet.pdf LOCATION: Approximately 2451 NW 7th Avenue, 636 NW 24th Street, 636 NW 26th Street, 629, 635, 645, 655 and 665 NW 23rd Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Paradise Dairy Acquisitions, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Made a motion to approve, which failed, constituting a recommendation of denial to City Commission on April 13, 2009 by a vote of 3-3. See companion File ID 08-013201u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff Chair Sanchez: All right. There's a -- Tony Recio: Thank you. Chair Sanchez: -- companion item. I need a motion and a second. Commissioner Gonzalez: Move it. City ofMiami Page 147 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Motion has been proffered -- Commissioner Regalado: Second. Chair Sanchez: -- by Commissioner Gonzalez, second by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Regalado. We're opening up to the public. Same comments. Unidentified Speaker: Play the tape again. Chair Sanchez: Play the tape again. Mariano will say the same thing. All right. The public hearing is closed, coming back to the Commission. Any discussion? No discussion on the item. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Unidentified Speaker: Thank you. Vice Chair Spence -Jones: Okay. Mr. Recio: Thank you. PZ.9 09-00653zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3, ENTITLED "CLASS II SPECIAL PERMIT" AND SECTION 610.6, ENTITLED "PERMITTED USES," AND BY ADDING TO ARTICLE 6, A NEW SECTION 610.7, ENTITLED "CONDITIONAL PRINCIPAL AND ACCESSORY USES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00653zt Zoning Map.pdf 09-00653zt Aerial Map.pdf 09-00653zt PAB Reso.pdf 09-00653zt CC Legislation (Version 2).pdf 09-00653zt CC FR 07-23-09 Fact Sheet.pdf 09-00653zt-Submittal-Letter-Jackson Memorial Foundation.pdf LOCATION: Bounded by South of NW 20th Street, North of SR 836, West of 1-95 and East of NW 14th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of City ofMiami Page 148 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on June 17, 2009 by a vote of 8-1. PURPOSE: This will allow an open air green market use on SD-10 with a Class II Special Permit. Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Commissioner Sarnoff PZ.5 appears to be in Commissioner Spence -Jones's -- the next two appear to be in Commissioner Spence -Jones's. The next three appear to be in Commissioner Spence -Jones. Commissioner Gonzalez: Where is she? Commissioner Sarnoff The next four appear to be in Commissioner Spence -Jones. Commissioner Regalado: PZ.10 is yours. Commissioner Sarnoff We go to P -- Commissioner Regalado: No. PZ.9 is Commissioner Gonzalez. Commissioner Sarnoff There you go. Let's do PZ.9. Roberto Lavernia (Chief of Land Development, Planning Department): PZ.9 is an amendment to 11000 for SD-10 Medical Health Care, Hospital Research Park Overlay District in order to allow open-air green market on the SD-2 medical. The Planning Department recommend approval. The Planning Advisory Board recommend approval, with modification, meaning that they have -- they changed the language in order to allow also two other colors of tablecloth. We propose white and green, and they want also green -- yellow and orange. Commissioner Gonzalez: Move it. Commissioner Sarnoff All right. We have a motion. Is there a second? Vice Chair Spence -Jones: Second. Commissioner Sarnoff We have a second from -- Mr. Lavernia: Mr. Chairman. Commissioner Sarnoff -- Commissioner Spence -Jones. Public hearing is opened. Anybody wishing to speak on this, please -- step up, sir. Just state your name and address for the record. Jeffery Bechdel: Yes. Jeff Bechdel of The Market Company, located at 4127 Northwest 2nd Avenue. We operate this market at Jackson Memorial Hospital, and we have eight other markets in Miami -Dade and two in the City ofMiami, one in your district, Commissioner Sarnoff. The joint venture between Jackson Memorial Foundation and The Market Company to create the Green Market has been a tremendous success. The employees of all the organizations in the City ofMiami Page 149 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 health district look forward and really enjoy the weekly market. Many patients and their visitors also take time and a break from their healthcare treatments to stroll around the market. From all sources, the Market receives rave reviews. The Market Company also contributes a percentage of our gross revenue to the Jackson Memorial Foundation. We also have included Dr. Dunn in the Overtown Community Garden in at complimentary and have worked with them to help sell their collard greens. Hospitals around the country are developing farmer's and green markets to promote healthy eating and wellness. The Market Company and many other local organizations have partnered with the United States Department ofAgriculture's Farmer's Market Promotion Program and the Florida Partnership to End Childhood Hunger to establish a pilot program that will offer foodstamp recipients the opportunity to use their benefit cards at terminals at the Jackson Green Market to purchase fresh fruits and vegetables. The real added incentive is that these customers will receive a two -for -one value for their fruit and vegetable purpose -- purchases. This will be the only -- the second such program in the state and a first in the urban area. Wrapping up, I just want to say we have a letter here. There's one item in the ordinance -- and that's no cooking at the market, and we have had cooking under the permit that we have now, and it's been very popular. And I'd like to enter into the record a letter from Rolando [sic] Rodriguez at the Jackson Memorial Foundation, president and CEO (Chief Executive Officer), requesting that we be able to keep the cooking. Commissioner Sarnoff Thank you, Mr. Bechdel. Anyone -- Mariano Cruz: Good morning. Commissioner Sarnoff -- else from the pub --? Mr. Cruz: Yeah. Commissioner Sarnoff I'm sorry. Right there. Mariano Cruz, you're recognized. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. As a resident of the area of the last 40-some years (UNINTELLIGIBLE) that the Jackson is in the Civic Center, which is in Allapattah, and that's my neighborhood. Whatever is good there, especially a market, I won't have to travel to (UNINTELLIGIBLE) in Florida City or to (UNINTELLIGIBLE), okay. I will just travel there, walking distance from my home. I am all for that. Thank you. Commissioner Sarnoff Thank you, Mariano, for being brief. Vice Chair Spence -Jones: So we had a motion --? Commissioner Sarnoff Yeah. Go ahead. Vice Chair Spence -Jones: Did we have a motion and a second on it? Commissioner Sarnoff We do. I believe we do, yes. Vice Chair Spence -Jones: We had a motion and a second. I believe this is a -- Priscilla A. Thompson (City Clerk): I'm sorry. May ask who's chairing the meeting because you made the second -- Vice Chair Spence -Jones: Okay, right. Ms. Thompson: -- Vice Chair. Vice Chair Spence -Jones: So let me give this back to you 'cause I did second it. City ofMiami Page 150 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff All right. Let me -- we don't -- I'll take physical control of -- Commissioner Gonzalez: I need to amend the ordinance to include the cooking and the -- Commissioner Sarnoff The maker -- go ahead. Mr. Lavernia: Mr. Chairman, the proposal was the Planning Department or with the Planning Advisory Board addition of the two colors. It's our motion or their motion. Commissioner Sarnoff Wait. Are you saying you're not recommending the cooking? Mr. Lavernia: No, no, I'm not saying that. I said that the Planning Department has a resolution, and when it went to PAB (Planning Advisory Board), they add to condition `J" two other colors for the table skirt. We propose a green table skirt, and they want to -- Commissioner Gonzalez: No. Mr. Lavernia: -- have it also yellow and orange. Commissioner Sarnoff Okay. Commissioner Gonzalez: I'll move it as you recommended. Chair Sanchez: Okay. There's a motion -- Commissioner Gonzalez: Okay, as you recommended. The only thing is that it need -- we need to modify it to include the cooking that they want to include in the program, all right? Victoria Mendez (Assistant City Attorney): Commissioner, just to be clear, as the Planning Department had -- so with the green skirts, not with the multicolor? Okay, just to be clear. Thank you. Chair Sanchez: Okay. All right. We are on PZ.9? There's been a motion and a second. Presentation has been -- Commissioner Sarnoff Public hearing's been opened. Chair Sanchez: -- made. All right. It is a -- what is it, an ordinance or --? Ms. Mendez: It's an ordinance. Chair Sanchez: It's an ordinance. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Assistant City Attorney Victoria Mendez. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. PZ.10 09-00706ha RESOLUTION City ofMiami Page 151 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING THE APPEAL, WITH CONDITIONS SET FORTH, AND REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD, WHICH DENIED THE APPEAL OF A DECISION OF THE OFFICE OF CODE ENFORCEMENT CONCERNING THE DENIAL OF AN APPLICATION FOR A TREE REMOVAL PERMIT FOR THE PROPERTY LOCATED AT APPROXIMATELY 2110 BRICKELL AVENUE, MIAMI, FLORIDA. 09-00706ha HEPB Appeal Letter.pdf 09-00706ha HEPB Reso.pdf 09-00706ha Zoning Map.pdf 09-00706ha Aerial Map.pdf 09-00706ha HEPB 06-02-09 Fact Sheet.pdf 09-00706ha Tree Removal Permit Appeal Letter.pdf 09-00706ha Letter & Plans.pdf 09-00706ha Pictures.pdf 09-00706ha CC Legislation (Version 2).pdf 09-00706ha CC Legislation (Version 3).pdf 09-00706ha CC 07-23-09 Fact Sheet.pdf 09-00706ha-Submittal-Joan Tumpson.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0388 Chair Sanchez: All right. Moving on, the next item, I think, is PZ.10? Commissioner Sarnoff Yes, sir. Chair Sanchez: All right. Commissioner Sarnoff No. P -- well -- Chair Sanchez: Let's -- Commissioner Sarnoff -- she's gone again. Oh, there she is. Vice Chair Spence -Jones: We're doing 10, right? Chair Sanchez: Yeah. Vice Chair Spence -Jones: That's not me. That's his. Chair Sanchez: All right, but where are we at, 'cause I stepped away? Commissioner Sarnoff We had passed a number of yours. Vice Chair Spence -Jones: I know, so I asked him to go 'head [sic] and take 10 and then -- Commissioner Sarnoff Okay. Sorry. Chair Sanchez: All right. Let's take up PZ.10. City ofMiami Page 152 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Ellen Uguccioni: Good afternoon, Mr. Chairman, members of the Commission. Ellen Uguccioni, Preservation officer for the City ofMiami. This involves the removal of a tree, and the reason that the Historic Preservation Board saw it in the first place was that it was an appeal from a citizen that lives very close to the project location, which is 2110 Brickell Avenue. I did want to explain that this kind of is a recurring thing. In 2007, the developer applied for the permit to remove five mahogany frees at the front of the property. The HEP (Historic and Environmental Preservation) Board allowed them to remove frees two and three; and by using pavers in the driveway, trees four and five were able to be saved in place. There is one tree that is at issue. It is a mahogany tree that is called free number one. We heard that at the board meeting on June 2, and the Historic Board asked that the developer continue to make their best efforts to fry to save the tree, and if it couldn't be saved, that the applicant -- developer actually pay more mitigation -- one-third more mitigation than is required by 8.1 of the Zoning Code, meaning that if the tree is mitigated and not left in place, it will be $16, 000 to mitigate the free. Chair Sanchez: All right. The appellant. Joan Tumpson: Well, I have -- oh. Joe Jimenez: Thank you, Mr. Chairman. Joe Jimenez, Stearns Weaver Miller, joined by cocounsel, Jimmy Morales, along with the architect for the project, Robert Rigazoni (phonetic), and the general contractor for the property, representing Floridian Builders, Tony Martinez. The issue here, as the preservation officer said, is one free. It is labeled as tree number one on the plans. The resolution back in 2007, which requested the removal of the trees, states that the trees should be retained. However, if they do not survive construction, then the property owner would mitigate at the normal rate, plus an additional third. According to the tree removal ordinance of the City ofMiami, a 36-inch free is equal to 12 two-inch DBH (Diameter at Breast Height) frees, which would equal $12,000, plus the additional third, 16,000. There is no issue with the mitigation, and the property owner is happy to pay the mitigation into the mitigation trust fund. With respect to the trees surviving construction, the main reason we're here is because you'll hear today from a licensed architect, a licensed general contractor, as well as the evidence in the record from a licensed landscape architect that this tree will not survive construction. What we're asking for is that we take the safety of the surrounding area into consideration and remove this tree properly with a permit, not wait for the construction to create an unstable free, which, now going into hurricane season, can do considerable property damage not only to the existing structures nearby but, as the several reports tell you that are in the record, to the power lines. So what we're asking for this one tree -- and I would like to call up the architect and the general contractor to show that under the 2007 resolution, which was passed according to the board to create an incentive for the three trees to be protected to the best of the developer's abilities. Now that incentive and the penalty basically of the additional third, we fried. Given the nature of the property and given the approved site plan by the City's Building Department -- this is a permitted site plan for eight town houses -- there is no other way -- and I would like you to hear this from the architect, but I'll just preface it -- to put the eight town houses on this property. Commissioner Sarnoff Well, counsel, before you go to that -- 'cause I'm going to make short shrift of this. I looked into this. I won't even put everything on the record that should put on the record. I'm going to ask you to actually have the free moved. Now, I had a licensed architect ftom the City -- I'm sorry, licensed -- Chair Sanchez: Arborist. Commissioner Sarnoff -- arborist ftom the City ofMiami go out there, and this is what he said. This is a vigorous and healthy tree located east of the building and west side of the Brickell Avenue sidewalk. This tree should and could be relocated in accordance with City requirements City ofMiami Page 153 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 and planning specifications. The ground to the south and west of the root ball have been completely evacuated to a depth of five to six feet below existing grade. Color me surprised why it's a danger. You made it such. The -- places the free at risk and should be located at its earliest opportunity. It is essential that a qualified, competent, experienced free mover undertake this project or the tree will be subject to failure and ultimately lost. This tree is a 40-foot spread, 36-inch caliber DBH tree, according to City ofMiami arborist. I'm asking you to relocate this tree and not kill it. We could not find a specimen like this. The City Manager, to his credit, immediately sent our best arborist out there, and our best arborist says this is a perfect specimen to relocate. So instead of spending money in our trust and doing things like that, I'm asking you very simply to move the free to a viable place. You don't have a viable place? I will find one for you. Mr. Jimenez: And may I, Mr. Chairman? Commissioner Sarnoff, this is -- and if there's an arborist out there that has said that, I would love to read his findings and now know that it is a possibility. At the time that -- and I'm not disputing them -- but the resident here who is against the removal of this free commissioned, back in 2007, an arborist named Lisa Hammer, which presented a report to Ms. Tumpson, who is here. I have the report. I believe you have the report. Ms. Hammer said she adamantly was against relocation of the free. Another licensed arborist, Ed Peterson -- Tumpson: No, she didn't. Mr. Jimenez: -- was also -- I'm sorry. I can happily provide it for the record. Commissioner Sarnoff You know, I -- let me just say -- Mr. Jimenez: So if it is -- Commissioner Sarnoff -- this about arborists. I get what you're saying. And if you want to make your record, I'll shut up. If you can move this tree and move it to a viable spot, that's all I'm asking. I just don't want to see this tree -- and you have to put a lot of money in mitigation. And actually, I might be saving you a couple of dollars -- Mr. Jimenez: Absolutely. Commissioner Sarnoff -- here or there -- Well, I don't know. Moving of a free of this size is about a 10 to $12, 000 venture, so you're very close. Mr. Jimenez: Sure. Commissioner Sarnoff If you don't have a place, call my office. I'll find you a place. Mr. Jimenez: Okay. Commissioner Sarnoff Butl don't think we need to go further than that, you know. The man who gave this report to the City Manager, I think is probably our most capable arborist, so I will make a motion to, I guess -- Chair Sanchez: To deny the appeal. Mr. Jimenez: Well, ifI may create -- just part of the record, given the conflicting testimony of the arborist, I would just like to put something on the record. If in fact, once it is attempted -- because what we're asking for -- and the only reason we want this free removed or taken out is because it is blocking the development to a point where we can no longer continue. If relocation is an option, Commissioner, I will be happy to explore it. And as you said, we're offering City ofMiami Page 154 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 $16, 000 in mitigation; a $12, 000 relocation cost, that's fine with us. Commissioner Sarnoff Well -- Mr. Jimenez: And we will gladly find a place. But what I ask this Commission, respectfully, is if the three reports that I have, two from arborists and one from a landscape architect, do prove to be correct, that this cannot be removed, I don't want to delay this project any further. And if City staff then agrees that relocation is not an option, I would ask that you allow us to remove this with a licensed contractor and issue a free removal permit, but we are happy to look into, with staff relocating that free. But if the three reports that I have prove to be correct, I don't want to have to keep coming back and delay this project further. Commissioner Sarnoff See, but here's my problem with your testimony, and now I'm going to put it on the record. Ms. Tumpson: Thank you. Commissioner Sarnoff You've been destroying the root system of this tree. Not you, counselor, but your client. Mr. Jimenez: Understood. Commissioner Sarnoff And you've been cited time and time again by Code Enforcement for the killing of this tree. So -- let me just finish. Ms. Tumpson: Yes, you have. Commissioner Sarnoff 'Cause I didn't want to put this on the record. So here's what I'm willing to do. Move this tree to either your place of designation, the City Manager's place of designation, or the District 2 Commissioner's place of designation; make sure that tree is viable. Should that tree not live, you'll still mitigate. Chair Sanchez: All right. So your motion is to deny the appeal? Commissioner Sarnoff My motion would be -- Maria J. Chiaro (Deputy City Attorney): Grant the appeal with the conditions set forth on the record. Commissioner Sarnoff -- grant the appeal with the conditions set forth on the record. The -- Madam City Attorney was reading my mind. Chair Sanchez: All right. Ma'am, I don't want to deny you the opportunity. First of all, can we get a second? Can we get a second? Commissioner Regalado: Second. Chair Sanchez: Second. Okay, ma'am, you're recognized for the record. Ms. Tumpson: Okay. I have prepared -- Chair Sanchez: Ma'am, we need to have your name and address for the record. Ms. Tumpson: Sir, my name is Joan Tumpson. I have been fighting with these people for two and a half years. If they're in a big hurry, they could have been doing their construction a little City ofMiami Page 155 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 faster. We have appeared before the HEP Board twice appealing their attempts to cut down this tree. Both times the HEP Board sided with me and the board of my town house association, the Brickell Woods Town House Association. There are 14 units there. The tree is right next to where I live. It is not something I want to see moved. It's huge. It's been there longer than I have, and probably before you were born it was there. It's taller than the massive building they're building, which goes to the setback lines on all sides. And all these things he's saying, they are not reliable, and they are not -- I'm sorry to say this -- true. All this is is using time and money to make Miami less green, make it less environmentally sensitive. They were told at the first HEP Board hearing in 1987 -- excuse me, in 2007, they were told that if the plans conflicted with cutting down that tree, they were not to cut down the tree. They were to use their best efforts to save the tree, and if they couldn't do that, they had to modify the plans. The plans were never modified. Then -- Mr. Jimenez: Please -- Tumpson: -- they went to Code Enforcement asking again if they could cut down the tree. Code Enforcement, pursuant to the HEP Board's decision, said no. Then they appealed to the HEP Board again. I appeared again, and the HEP Board, again -- if you -- don't read the resolution. I don't know where that came from, but if you listen to the transcript, there was nothing in there that allowed them to use best efforts. They were to leave that tree there, and they have been hacking away at that tree and the other trees. They represented in their first presentation that they would leave the seven palms to our south standing, and then they subsequently cut them down. I never saw the notice, or I would have been before the HEP Board on that. Chair Sanchez: Thank you. Ms. Tumpson: These people think that building concrete in a time when the environment needs help, when Miami has the least tree cover of any city of comparable size is good for us. And that's just greed versus what's good for the people that you represent. So I'm hoping that you would look at this, that you will take some time. It's been two and a half years. They have dallied. They have delayed. They haven't hurried. Chair Sanchez: Thank you, ma'am. Ms. Tumpson: Can I --? Chair Sanchez: Yes. Distribute that to the City Clerk, and she'll make sure we get it. Thank you. Ms. Tumpson: Can we come back and discuss at your next meeting? Chair Sanchez: No, no, no, ma'am. Ms. Tumpson: Because -- Chair Sanchez: I think there's been a motion proffered by the district Commissioner. Ms. Tumpson: I want you to know they put up their notice on Sunday and they took it down on Sunday. Chair Sanchez: Okay. Ms. Tumpson: It was only by accident that lsaw it. And I had to confirm that it was going to be held, and I've had very little time to prepare. City ofMiami Page 156 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Thank you. Any other speaker? If not -- Ms. Uguccioni: Mr. Chairman, may I just clarify a position? Chair Sanchez: Okay, listen -- Ms. Tumpson: Mr. Commissioner, I have to say that there were several of my neighbors here, and they had to leave because we were here at 8 o'clock in the morning. Chair Sanchez: We do apologize for that. If you would have called our office, we probably would have told you PZ (Planning & Zoning) items are usually heard in the afternoon. Ms. Tumpson: I did call them. Chair Sanchez: Okay. Thank you. All right. We'll hear it, and then we'll put a conclusion to this, bring it back, and we're going to vote on this issue. All right. Ms. Uguccioni: Thank you, sir. Mr. Chairman, just to -- Chair Sanchez: Thank you. Ms. Uguccioni: -- clear the record and our records, the preservation officer at that time was Kathleen Kauffman, but the resolution in 2007 for the initial five trees was to deny the appeal of the appellant and to remove trees number -- the removal of trees number two and three -- Ms. Tumpson: Which is the -- Ms. Uguccioni: -- and then to work with one, four, and five. And if they couldn't save them, then they would mitigate at three-quarter percent and so forth. Trees four and five were, in fact, saved because of the change in the driveway, so it is just that one. I just want to clarify for the record. Chair Sanchez: All right. Ms. Tumpson: But -- excuse me -- Chair Sanchez: Thank you. Ms. Tumpson: -- might I just say that -- Chair Sanchez: Ma'am -- Ms. Tumpson: -- that one is huge. It's -- Chair Sanchez: Yes. Ms. Tumpson: -- rare. It's vibrant, and it's not about to fall down, despite the efforts of the developer, who has hacked away at it and now has come to say let's destroy it or move it somewhere else 'cause we hacked (UNINTELLIGIBLE). Chair Sanchez: Thank you, ma'am. Ms. Tumpson: If that's respectful law, I am surprised. City ofMiami Page 157 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Chair Sanchez: Thank you. All right. That concludes -- it comes back to the Commission. It's a motion already. It is a resolution. The motion was proffered by Commissioner Sarnoff, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and it's been voted on. Okay. Madam Clerk, I do apologize. I stepped away -- Tumpson: What is the motion? Chair Sanchez: -- for a few more minutes and I don't have -- Ms. Tumpson: Could you restate --? Commissioner Sarnoff It's going to be relo -- tree's going to be relocated. Chair Sanchez: It's going to be relocated, ma'am. Ms. Tumpson: Could I know where it's going to be relocated? Commissioner Sarnoff I don't know yet, butt will let you know where it's going to be relocated. Ms. Tumpson: Because these people don't do what they say they'll do. Commissioner Sarnoff And if the tree -- Ms. Tumpson: And they'll tell you by the -- Chair Sanchez: All right. Ms. Tumpson: -- time you're ready to relocate it, that it's -- Chair Sanchez: Let's go to 5. Ms. Tumpson: -- been destroyed. Chair Sanchez: Let's go to 5. PZ.5. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 City ofMiami Page 158 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00810 DISCUSSION ITEM DISCUSSION ABOUT P-CARDS. WHO HAS THEM, HOW ARE THEY USED AND WHO MONITORS THEIR USE? WHAT IS THE MONTHLY EXPENSE? WHO PAYS? COST SAVINGS WILL BE DISCUSSED. 09-00810 email.pdf 09-00810-Memo-City Manager.pdf 09-00810-Email-City Manager-P-Card Report.pdf WITHDRAWN Commissioner Sarnoff And I'll waive my D2.1 -- Pedro G. Hernandez (City Manager): Okay. Commissioner Sarnoff -- P-Cards (Purchasing) issue. Mr. Hernandez: Thank you. Commissioner Sarnoff Motion to adjourn. I guess -- there's only two of us, so -- Just think if we ran this City, we'd only be about 30 million in debt. Mr. Hernandez: Commissioner -- I'll second that, Commissioner. Priscilla A. Thompson (City Clerk): Before you close -- Commissioner, please -- out, you said that you were waiving your D2.1. Commissioner Sarnoff Two point one. Ms. Thompson: Are you withdrawing it? Is that what you mean? Commissioner Sarnoff I'll bring it -- I'm withdrawing it. Ms. Thompson: Thank you. Commissioner Sarnoff Thank you. D2.2 09-00811 DISCUSSION ITEM DISCUSSION ABOUT GRAFFITI. REPORTS FROM EVERY DISTRICT. UPDATE ON LATEST CITY POLICY TOWARDS REMOVING GRAFFITI AND ITS EFFECTIVENESS. EXACTLY HOW MANY CITY EMPLOYEES ARE COVERING OVER GRAFFITI DAILY? 09-00811 email.pdf 09-00811-Memo-City Manager.pdf 09-00811-Email-City Manager -Graffiti -July 23-D.2.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration to include the proposed graffiti ordinance on the City Commission agenda for first reading during September, 2009. City ofMiami Page 159 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Vice Chair Spence -Jones: We -- only thing -- we have no other blue page items. I know I don't. I think -- Commissioner Regalado: Commissioner Sarnoff has two. Vice Chair Spence -Jones: -- Commissioner Sarnoff has two blue page items. Do we have any pocket items, until he gets out here? Commissioner Gonzalez: No. Vice Chair Spence -Jones: No pocket items? Okay, great. I just want to make sure we were clear that we made a motion for this meeting on August -- Commissioner Gonzalez: No. Vice Chair Spence -Jones: You withdrew it, though, right? Commissioner Gonzalez: I withdrew the motion. Vice Chair Spence -Jones: Okay. I just want to make sure. Okay. Commissioner -- Commissioner Gonzalez: Motion to adjourn (UNINTELLIGIBLE) -- Vice Chair Spence -Jones: You're going to deal with these two items now, Commissioner Sarnoff? Commissioner Sarnoff The blue page items? Yeah. Vice Chair Spence -Jones: You don't want to do it when Commissioner Regalado -- I mean, Sarnoff -- What's the man's name that sit here? Commissioner Regalado: No. He -- Commissioner Sarnoff What does he have to do with my blue page? Vice Chair Spence -Jones: Sanchez. No. I'm just saying. Do you want him to be here for the discussion? Commissioner Sarnoff I just want to do D2.2, Mr. Manager. I almost called you, Commissioner, and I don't know if that would have been an elevation or a derogation. How are we doing on the eradication of graffiti? Pedro G. Hernandez (City Manager): Commissioner, since the last time that we discussed the graffiti issue here in the City Commission, we have put into place a more aggressive plan to attack and eradicate graffiti that we consider and agree that it's the broken window, you know, syndrome. And we went from just having two or three folks working at it to having ten. And I -- David did a memo for me that I signed and I sent out that shows quite a bit of progress, but I want him to put a few words into the record because besides what we're doing right now, there may be a need for help from the legislative side, and I think that we need to work with your office in getting that done. Commissioner Sarnoff We drafted a draft ordinance, and I've sent it to you. I've sent it to the Mayor. I think the Mayor's made some comments. I don't know that you've made any comments. Mr. Hernandez: No. City ofMiami Page 160 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Sarnoff But I'd like to -- there seems to be -- your edict to me seems to indicate that you want the City, wherever and whenever possible, to cover graffiti -- Mr. Hernandez: Right. Right now, Commissioner, for example, if we go to a house and they have a block wall on the property line and it has graffiti, we're taking care of it, okay. But if it happens to be inside the property in a wall of the house, then our folks try to contact the owner to allow us to go in. So we need to work on that and also on issues or incidents that have a Code enforcement action. When we go in and we cover it, we, in essence, eliminate that violation, and there should be a way for us to be able to recover the efforts that we put into the eradication. David. David Rosemond (Director, Neighborhood Enhancement Team): Yeah, absolutely. Mr. Hernandez: Brief. Mr. Rosemond: David Rosemond, director of NET, Neighborhood Enhancement Team. As the Manager was mentioning, some of the things that we are doing is being very aggressive with the eradication of graffiti, but we are finding that it's a work in progress and we -- there are some kinks that we have to iron out. As the Manager just mentioned, those cases that have already been cited, if we go ahead and eradicate it, we basically are alleviating the burden of the property owner to address that. And we want to make sure that we're not wasting resources by having a Code Enforcement inspector do the citation, et cetera, and then we come back, paint over it and, in essence, make the citation go away. Commissioner Sarnoff I think, Mr. Manager, the proposed graffiti ordinance that we have breaks it down to five days. And I think that's enough -- I don't -- I think five minutes for graffiti too much. Mr. Hernandez: I agree. With five days, it is quite an improvement over what we have today. Commissioner Sarnoff Correct. And I -- Mr. Hernandez: I was telling -- ifyou allow me -- David today -- because David was telling me, well, if we have a Code enforcement violation, we have to wait. And I says [sic], no, don't wait. Just take care of it, even if we lose the Code enforcement violation case because it's more important to eradicate and to send the message than to worry about the item itself. But if-- five days is a tremendous improvement. Commissioner Sarnoff Well, I just want to bring it up. I'm going to continuously bring it up. It seems to me, whether I'm accurate or inaccurate, that there is more graffiti in the City ofMiami than ever before. We're seeing it on some major crossroads. We have the Culligan (phonetic) building, which is on Bird Road and US 1 and that -- 160,000 cars a day go past there. I go past Coral Gables. There is no graffiti on the Coral Gables side of U -- well, of US 1, Mariano, there's no graffiti. And in the City ofMiami side, there's a lot of graffiti. With all due respect, if you just go to the east side of US 1, I could pick out, unfortunately, all too much graffiti at the Culligan (phonetic) building. I could go further north and go down that whole section where, right next to a wall, there's a whole bunch of graffiti. I just thank God that there's been no graffiti on the pink wall. Mr. Rosemond: And just to your point, Commissioner. Coral Gables does have the kind of legislation that allows them to cover the graffiti and then seek restitution from the property owner, which is the part that we're lacking, so -- Commissioner Sarnoff Are we, Madam City Attorney, in coordination with the Coral Gables City ofMiami Page 161 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 law? In other words, if -- how many days do they allow and how do --? Why can't we just adopt their law? Maria J. Chiaro (Deputy City Attorney): We will look to see what items in the Coral Gables law we've mirrored, butl think we've taken most of the elements and -- Commissioner Sarnoff Okay. Ms. Chiaro: -- put it in ours -- Commissioner Sarnoff I would have suspected you would have, and I just -- Ms. Chiaro: -- in the one that we've drafted and distributed. Commissioner Sarnoff -- wanted to be reassured by you we pretty much adopted theirs. Ms. Chiaro: Yeah. We'll check it, though, and make sure -- Commissioner Sarnoff Okay. Ms. Chiaro: -- that we look at those -- Commissioner Sarnoff Can --? Ms. Chiaro: -- elements as specifically discussed here. Commissioner Sarnoff Not to beat the horse to death -- and I know we're all tired -- can we bring that up some time in September for a first reading? Mr. Hernandez: Yes. Yes, right? Mr. Rosemond: Yes, absolutely. Mr. Hernandez: Yes. Commissioner Sarnoff Okay. Thank you. I'm done with that. 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 City ofMiami Page 162 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 NA.1 09-00829 NA.2 09-00830 END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM MOMENT OF SILENCE FOR MARIA RODRIGUEZ ANORGA. DISCUSSED Chair Sanchez: Also, before we sit, I want to take a moment of silence. As I stated before, Maria RodriguezAnorga, the sister of ReverendAnorga, who is very well-known in our community, fruly a community leader. His sister has passed away, and I would ask you to join me in a moment of silence. DISCUSSION ITEM DISCUSSION OF CITY'S KID'S SPOT WEBSITE. DISCUSSED Chair Sanchez: All right. We will proceed with the order of the day, which is the agenda. It was properly advertised. Everyone should have had a copy. And we'll go ahead and start with the proclamations and presentations. But before we do that, I want to take a point of privilege to share something with you that we had been working on and really our office has put together the Kid's Spot website, which was created as a place where the City ofMiami kids and teenagers can go into it and experience the City ofMiami for themselves and by themselves. We know that the greatest resource that we have are our children, and this website will allow them the opportunity to learn about their government, and not only about their government in their level, but also of all the things that are happening through the Internet as we know that our children are very savvy nowadays with computers. It not only brings government information, but also it is a great resource for activities that are going on in the City and also it gives them an opportunity to know exactly what's happening through summer programs throughout the City and programs in our schools throughout the City. This is just the beginning. This belongs to the children ofMiami and they will help us evolve and grow this program. This has been established by my office. I think it's a legacy that we leave to our greatest resource, which is our future. And before we do the presentation, we brought some individuals that are going to help us kick off this program that could be shared with all those that look at the website. But I want to give credit to Raiza Licea, who has worked very hard, and my staff. Let's give her a round of applause. Applause. Chair Sanchez: And also, ladies and gentlemen, this is of no cost whatsoever to the taxpayers. So why don't we go ahead and, without any further delay, introduce to you Kid's Spot website. Why don't you guys infroduce yourselves? Come on. Get the mike and infroduce yourself; don't be shy. Get the mike and infroduce yourself. Who are you? Amanda Lopez: Hello. Chair Sanchez: Say your name. Ms. Lopez: My name is Amanda Lopez. Chair Sanchez: Okay. Vincente Sanchez: Hello. I am Vincente Sanchez. City ofMiami Page 163 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 NA.3 09-00831 09-00831 a District 3- Chair Joe Sanchez Rachel Licea: And I am Rachel Licea. Chair Sanchez: All right. Why don't you go through the program? As you could see, Kid's Spot, you could log in -- Raiza Licea: Okay. Pretty much, there is -- Chair Sanchez: State your name for the record. Ms. Licea: My name's Raiza. I work with the Commissioner. There's a lot of different sections for kids to go. On the homepage, you can go to the calendar; we have different events from all five districts. It's not only District 3. We have events from arts to sports to anything that's happening in Parks and Recreation. Also, we have an animal section 'cause animals are important. And a lot of times kids call us, like teenagers or people that they want to volunteer, so we have a volunteer section where people can find out different organizations that are nonprofits in our districts that they can go and be involved, and also they can contact our office. We have a picture gallery with different events. And we have City news, so anything that happens on Commission meetings that kids would probably want to know about, we also post it. And Family Fun tells families where to go, and Go Green is telling you how to recycle or just little tips for kids that they can do and they can log on. And that's pretty much it. Oh, and also, we're going to have a District 3 Child of the Month; and so every month, there's a kid -- if they're -- you can nominate them, and they can -- if they're doing something good for the community, you can nominate them, and the Commissioner's going to pick who the winner is, and we'll present them in Commission. So that's it, I guess. Yeah. Thank you. Applause. Chair Sanchez: Thank you so much. I also want to take the opportunity to thank the IT (Information Technology) Department, who helped us out, put it together. I think this is going to be great, allowing us -- our greatest resources to participated [sic] in this process and not only get educated as to what government -- how government works for them, but also, what's happening in our city. Thank you so much. DISCUSSION ITEM RESIGNATION OF COMMISSIONER REGALADO EFFECTIVE SEPTEMBER 4, 2009. 09-00831-Submittal-Resignation Letter -Commissioner Regalado.pdf DISCUSSED This discussion item resulted in the following Resolution: RESOLUTION A RESOLUTION OF INTENT OF THE MIAMI CITY COMMISSION TO RE -APPOINT COMMISSIONER TOMAS REGALADO AS THE COMMISSIONER FOR DISTRICT FOUR SEPTEMBER 4, 2009, TO FILL THE DISTRICT FOUR VACANCY UNTIL THE SUCCESSOR IS ELECTED AND QUALIFIED. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0389 City ofMiami Page 164 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 Commissioner Regalado: As discussed, I have here the letter of resignation, effective September 4, 2009, that I will deliver to the City Clerk. There's also copy to the honorable Charlie Crist, governor of the state of Florida, Kurt Browning, secretary of state, and the honorable members of the City ofMiami Commission. I think it it's the right thing to do for the people of District 4 and it is the right thing to do for the people of City ofMiami, who would be able to participate in a democratic process, and I thank you all for the support. Chair Sanchez: And we go back to the Commission meeting. Before we take up RE.7, which is the DDA (Downtown Development Authority) millage, just want to take a point of privilege to pass the gavel to the Vice Chair on matter of SR.1 which was -- there was -- want some clarification on that. It's an administrative matter pertaining to the resign -to -run law. It has always been the intent of the Commission that when Commissioner Regalado resigns, effective September 4, which he proffers his letter, that this Commission would be reappointing him. I just wanted to put on the record that he has accepted that reappointment. And I would at this time proffer a resolution. A resolution of the Miami City Commission declaring its intent to reappoint Commissioner Tomas Regalado to serve as the District 4 Commissioner from the date of his effective resignation of September 4, 209 [sic] until the City election of November 3, 209 [sic]. I would make that motion as to an intent. Commissioner Gonzalez: Second the motion. Commissioner Sarnoff I would second that and ask for an amendment, that we bring this before this City Commission at our September 9 budget workshop and have a special meeting declared. Chair Sanchez: The maker of the motion will not accept that, and let me say why. It's -- as you are aware, September 4, we don't have a special meeting set aside. And based on the recommendations that have been proffered by the attorney, we cannot make any decision right now until September 4, where officially we could take a vote on that. What I would request is that this Commission has always shown the intent to reappoint him and he has accepted. I think that due to the fact that we have a crisis right now in our budget and we are facing some very tough times on the economy, I think it's important that the voters of District 4, who have trusted the Commissioner, that he honor his commitment to his constituents and serve the remaining of the year so he could have -- we could have institutional knowledge and have a representation of that disfrict, so therefore, that district is not maybe lack of representation on his disfrict if we were to appoint somebody. So therefore, has always been the intent and that's why I want to put it on the record as a resolution that this Commission has made it very clear that we will appoint him, so therefore, the resolution stays and I would ask for a vote on this resolution. Commissioner Sarnoff So you do not accept that amendment? Chair Sanchez: No, I do not. Call the question. You're the Chair. Vice Chair Spence -Jones: Oh. Call the question. All in favor? Commissioner Gonzalez: All in favor. The Commission (Collectively): Aye. Chair Sanchez: So it passes, 5-0. NA.4 09-00832 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A SPECIAL CITY COMMISSION MEETING TO TAKE PLACE ON SEPTEMBER 4, 2009 AT 10 AM TO FILL THE DISTRICT FOUR VACANCY AND RE -APPOINT COMMISSIONER TOMAS REGALADO UNTIL THE CITY OF City ofMiami Page 165 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 MIAMI ELECTIONS ON NOVEMBER 3, 2009. Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0387 Chair Sanchez: And I would also request an additional resolution to call for a special meeting, September 4, 209 [sic], at 10 o'clock a.m. for the reappointment of Commissioner Tomas Regalado to District 4. So moved. Commissioner Gonzalez: Second. But what -- Vice Chair Spence -Jones: All -- Commissioner Gonzalez: And we supposed to have a meeting on September 4? Commissioner Sarnoff No. Chair Sanchez: We had -- I mean -- Commissioner Sarnoff We're supposed to have one on the 9th. Chair Sanchez: -- this calls for a special meeting to address that issue because apparently, through the conversations of the attorney, we have to make that decision September 4. It cannot be made today. The easiest thing today would have been for him to take his letter and scratch off November [sic] 4 and put today's date and we could have appointed him today, but apparently, Madam Attorney, that cannot be done, correct? Ms. Bru: What you can't do today is actually appoint someone to fill a vacancy that has not occurred yet. But today you can call and it would be proper for you to call a special meeting that would occur after the effective date of his resignation, which would be, you know, 12 a.m. on September 4, so any time thereafter, you can today call for a special meeting for purposes of filling that vacancy. Chair Sanchez: So therefore I would amend it to make it September 4, and I can't make it at 10 o'clock in the morning 'cause it would be ineffective, so it would be at 2 o'clock -- Ms. Bru: Well -- Chair Sanchez: For the appointment. Ms. Bru: -- I believe -- and I'll ask Madam Clerk to clarify -- the effect -- I haven't seen the resignation, but the resignation is effective September 4, which would then be September 4 at -- Priscilla A. Thompson (City Clerk): 12 midnight. Ms. Bru: --12 midnight. Commissioner Gonzalez: 12 midnight. Ms. Thompson: Well, 12:01 a.m. Ms. Bru: 12:01. So any time therefore you can fill the vacancy. So if you want to have the City ofMiami Page 166 Printed on 8/4/2009 City Commission Meeting Minutes July 23, 2009 meeting at 10 o'clock in the morning on the 4th, you can do that. Chair Sanchez: All right, so -- Ms. Bru: You can do it at 8, at 9, whenever. Chair Sanchez: All right -- Commissioner Sarnoff But the only reason I brought up September 9 was because we're all going to meet on September 9. September 8 -- or -- excuse me. September 7 is Labor Day, so some people may be going away for a long Labor Day weekend. I don't think it would disrupt his office at all for us to have -- we're meeting here anyways on September 9. I've had a conversation with the Commissioner and he was agreeable to that, but I leave it to this Commission. If you want to come many for 10 minutes -- Chair Sanchez: You had a conversation with the Commissioner? Commissioner Sarnoff Right there. Yes. Where it was talked about that we could set the September 9 meeting. Ms. Bru: This is pursuant to our rules of order, three Commissioners can call a special meeting and it's appropriate to discuss the date of a special meeting. Chair Sanchez: I would still make the motion for September 4, which is the day of the resignation taking effect. I would make a motion for that day at 10 o'clock in the morning. So moved. Commissioner Gonzalez: I'll second that. Commissioner Regalado: IfI may. I think that the Chairman solution is the right one, if you all agree to be here on the 4th. I mean, I can sit here or sit there, but it's all the same. But I think he's right in calling for a special meeting -- Chair Sanchez: All right. Commissioner Regalado: -- if you all want to do it. Chair Sanchez: Call the question for September 4 at 10 a.m. Commissioner Sarnoff All right. We have a motion, we have a second. All in favor, please say "aye. The Commission (Collectively): Aye. Commissioner Sarnoff It passes, 4-0. Chair Sanchez: Thank you. All right. We'll continue with the order of the day. Thank you for that point of privilege. City ofMiami Page 167 Printed on 8/4/2009