City of Miami
City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com
Meeting Minutes
Thursday, October 16, 2008
9:00 AM REGULAR
City Hall Commission Chambers
City Commission
Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence-Jones, Vice-Chair Angel González, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie O Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes October 16, 2008
CONTENTS
PR - PRESENTATIONS AND PROCLAMATIONS
MV - MAYORAL VETOES
AM - APPROVING MINUTES
CA - CONSENT AGENDA
PH - PUBLIC HEARINGS
SR - SECOND READING ORDINANCES
FR - FIRST READING ORDINANCES
RE - RESOLUTIONS
BC - BOARDS AND COMMITTEES
DI - DISCUSSION ITEMS
PART B
PZ - PLANNING AND ZONING ITEM(S)
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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.
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9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE
Present: Commissioner González, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence-Jones On the 16th day of October 2008, the City Commission of the City of Miami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9:27 a.m. and adjourned at 1:03 p.m.
Note for the Record: Commissioner González entered the Commission chambers at 9:29 a.m.
ALSO PRESENT:
Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Pamela E. Burns, Assistant City Clerk
Chair Sanchez: Ladies and gentlemen, welcome to the City of Miami Commission meeting being held here at our historical City Hall. The members of the City Commission that are present today are Michelle Spence-Jones, the Vice Chair, Commissioner Tomas Regalado, Commissioner Angel González, Commissioner Marc David Sarnoff, and myself, Joe Sanchez, as the Chairman. I also want to recognize that we have present City Manager, Pete Hernandez, and also our City Attorney, Julie O. Bru; also, representing the City Clerk, we have Pamela E. Burns that are [sic] present. The order of the day is the agenda that's set forth, that has been properly advertised for this meeting. At this time we'll go straight into the invocation and the pledge of allegiance. I will do the invocation and ask Commission Marc Sarnoff to do the pledge of allegiance.
Prayer and pledge of allegiance delivered.
PRESENTATIONS AND PROCLAMATIONS
PR.1 08-01203 CEREMONIAL ITEM
Honoree Presenter Protocol Item National Arts and Mayor Diaz Proclamation Humanities Month Alejandro Cepero Mayor Diaz Certificate of Karate Champion Merit Volunteers for Mayor Diaz Certificates City Year Miami of Appreciation
08-01203 Protocol.pdf
PRESENTED
1. Mayor Diaz presented a proclamation in honor of National Arts and Humanities Month, a time to highlight the cultural richness of Miami and to celebrate the cultural contributions of the arts to the City of Miami's development and to show support for local arts agencies and councils in the City of Miami.
2. Mayor Diaz presented a Certificate of Merit to Alejandro Cepero, Karate Champion, to pay highest tribute to his physical excellence and competitive talents and to congratulate him on his martial arts skills.
3. Mayor Diaz presented Certificates of Appreciation to 29 volunteers of City Year Miami who have chosen to give one year of service as role models at public schools in Miami-Dade County. City of Miami Page 4 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
4. Mayor Diaz presented City Medallions of Honor to Gina Eugene and Ginette Eugene, of the nonprofit organization Good Samaritan for a Better Life, for the work they have done to save the lives of sick and dying children from Haiti.
5. Vice Chair Spence-Jones presented Certificates of Appreciation to volunteers of Operation: Hope for Haiti to pay tribute to their demonstrated commitment and humanitarian involvement in the project.
Chair Sanchez: All right. We'll go ahead and proceed with the protocol list. We'll go ahead and start with the Mayor. I believe the Mayor -- is the Mayor present? Okay. Mr. Mayor, you're recognized for the record.
Presentations and proclamations delivered.
MAYORAL VETOES
NO MAYORAL VETOES
Chair Sanchez: Before we do that, for the record, I have a memo from the Mayor and the City Clerk where -- there are no mayoral vetoes, for the record.
Pamela E. Burns (Assistant City Clerk): That is correct.
Chair Sanchez: Okay.
APPROVING THE MINUTES OF THE FOLLOWING MEETINGS:
Motion by Commissioner Sarnoff, seconded by Commissioner González, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
Chair Sanchez: Before we do that, let's continue the order of the day, which is the agenda. We have to approve the following meetings. We have the regular Commission meeting of September 11, 208 [sic]. We need a motion to approve.
Commissioner Sarnoff: So moved.
Commissioner González: Move it.
Commissioner Sarnoff: Second.
Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner González. 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." The September 11, 208 [sic] minutes have been approved. Then we need to approve our first budget hearing of September 11, 208 [sic]. We need a motion to approve that.
Commissioner González: Move it.
Commissioner Sarnoff: Second.
Vice Chair Spence-Jones: Second.
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Chair Sanchez: There's a motion by Commissioner González, second by Commissioner Sarnoff. Any discussion on the first budget hearing of September 11? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
Motion by Commissioner González, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
ORDER OF THE DAY
Chair Sanchez: Madam Attorney, could you read the Attorney statement --
Julie O. Bru (City Attorney): Good morning, Mr. --
Chair Sanchez: -- to follow in these procedures [sic] during the meeting, please.
Ms. Bru: -- members of the Commission. 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. Formal action may be taken on any item discussed or added to this agenda. All decisions of the City Commission are final, except that the Mayor may veto certain items within ten calendar days of the Commission action, and the Commission may override the veto by a four-fifth vote. Please, no cell phones, beepers, or other noise-making devices are permitted in the Commission chambers. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Persons may address the City Commission on any items where a public hearing is required and on items where public input is solicited. Persons wishing to speak are requested to please inform the City Clerk of the desire to speak, indicating the item number on the agenda. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess is expected to begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chairman indicates otherwise. This meeting will end either at the conclusion of deliberations of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, which occurs first -- whichever occurs first. Now, the Chairman or the Administration will announce the items that are being continued --
Chair Sanchez: Wait.
Ms. Bru: -- deferred --
Chair Sanchez: Well, whoa, whoa. Before we do that -- thank you, Madam Attorney.
Ms. Bru: Thank you.
CONSENT AGENDA
CA.1 08-01110 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED AUGUST 20, 2008, PURSUANT TO INVITATION FOR BID NO. 75132, FROM MUNICIPAL EQUIPMENT COMPANY, LLC. AND ARMORED TEXTILES, INC, THE TWO (2) RESPONSIVE AND RESPONSIBLE BIDDERS,
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FOR THE PURCHASE OF FIRE HOSES AND ATTACHMENTS, ON A CITYWIDE AND ON AN AS-NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED.
08-01110 Legislation.pdf 08-01110 Summary Form.pdf 08-01110 Award Recomendation.pdf 08-01110 Tabualation of Bid.pdf 08-01110 Corporations.pdf 08-01110 Corporation 2.pdf 08-01110 Invitation for Bid.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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CA.2 08-01112 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2008-2009 OUTREACH PROJECT TO HOMELESS DETAINEES," IN AN AMOUNT NOT TO EXCEED $85,796, CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA GRANT-IN-AID PROGRAM, FOR A ONE-YEAR PERIOD, FOR OUTREACH, ASSESSMENT, TRANSPORTATION AND PLACEMENT SERVICES TO HOMELESS DETAINEES BEING RELEASED FROM THE MIAMI-DADE COUNTY JAIL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 08-01112 Legislation.pdf 08-01112 Exhibit .pdf 08-01112 Exhibit 2.pdf 08-01112 Summary Form.pdf 08-01112 Letter.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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CA.3 08-01115 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION CLARIFYING THE Purchasing INTENT OF RESOLUTION NO. 05-0042, ADOPTED JANUARY 13, 2005, FOR THE ACQUISITION OF PROCUREMENT CARD SERVICES, FROM CHASE
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MANHATTAN BANK USA, UTILIZING METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY REQUEST FOR PROPOSALS NO. 03-13, FOR THE DEPARTMENT OF PURCHASING TO BE UTILIZED BY VARIOUS USER DEPARTMENTS AND AGENCIES ON AN AS- NEEDED CONTRACT BASIS; TO REFLECT THE REMOVAL OF ALL LANGUAGE REFERENCING METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY CONTRACT NO. 15388. 08-01115 Legislation.pdf 08-01115 Summary Form.pdf 08-01115 Master Report.pdf 08-01115 Master Agreement.pdf 08-01115 Request For Proposal.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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Chair Sanchez: All right. Let's go ahead and pull [sic] CA.3. CA.3, Commissioner Sarnoff, you're recognized for the record; and that is the card service, Chase Manhattan Bank USA (United States of America).
Commissioner Sarnoff: I -- yeah. I just wanted to get an explanation, Mr. Manager, as to what a procurement card is and how it works and how it operates.
Pedro G. Hernandez (City Manager): Mr. Marcos.
Glenn Marcos: Glenn Marcos, Purchasing Director. Commissioner, the P-Card is the equivalent of a credit card that we use throughout the City, and we end up using it to procure goods and services that do not exceed $2,500; and we do regulate the actual procurement through the use of the merchant category code. Therefore, such things like a drug store, a pharmacy, a convenience store are blocked from being used.
Commissioner Sarnoff: And this is used on a -- who gets -- how is it given out, the procurement card, or how is it provided?
Mr. Marcos: City employees would have to go through some training, and in that training, we end up giving them policies and procedures; and at the same time, we end up working with department directors to try to see what will be the procurement limit that we can go ahead and give to those City employees. And once they end up going through the City training, then we will end up issuing the P-Card, but they have to end up agreeing to the policies and procedures that we have set forth.
Commissioner Sarnoff: Thank you.
Mr. Marcos: You're welcome.
Chair Sanchez: Any discussion on this one? I just do -- Marcus [sic], this is something that -- do you believe that we have the proper procedures to avoid misuse, improper use of these cards? Are you -- are we going to have a system in place to make sure that anybody that, for whatever reason, takes these cards and go out and does something without, you know, with -- outside of the scope of their services. Are we going to have the controls in place?
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Mr. Marcos: We -- and thank you for the question, Commissioner. I appreciate it. The actual fiscal controls are in place. We ended up working with the auditor general when we first initiated the program approximately three years ago, and one of the things that we had to end up establishing to the auditor general is that we had the fiscal controls in place to ensure the fact that we will be auditing the procurement on an as-needed basis when they would use the P-Card.
Chair Sanchez: But this shouldn't get to the point where the auditor general picks up. This should have a supervisor online -- if some employees -- and we've had in the past City employees in violation of these cards or credit cards -- to make sure that the proper mechanism is in place to make sure that a supervisor looks at the bills and makes sure there's no improper use of them.
Mr. Marcos: And those concerns have been addressed. I have a P-Card administrator that's -- that looks at the transactions every single day, and then when the employees are using the P-Card, once that P-Card is used, then that transaction, electronically, is moved to the supervisor; and the supervisor are looking at every procurement and making sure that it's conforming to and adhering to our policies and procedures, so -- and as far as my remarks working with the auditor general, we just wanted to make sure that we were addressing every fiscal control that we needed to have in place to ensure that any improper behavior won't take place, so -- I mean, it's not a guarantee that you can prevent somebody from misusing a card. It's just that once we see the person misusing the card, we will take those P-Cards away --
Chair Sanchez: All right.
Mr. Marcos: -- and take disciplinary action.
Chair Sanchez: Any further discussion on CA.3? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk --
Commissioner González: We need a motion --
Pamela E. Burns (Assistant City Clerk): Excuse me. Mr. Chair--
Commissioner González: -- and a second.
Ms. Burns: -- we don't have a motion.
Commissioner González: I make a motion.
Chair Sanchez: Oh, I thought there was a motion. I apologize.
Commissioner González: No, there wasn't.
Chair Sanchez: Motion has been made by Commissioner González, second by Vice Chair Spence-Jones. Any further discussion? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." CA.3, which is a resolution, has been approved, 5/0.
CA.4 08-01117 RESOLUTION
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Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE PIGGYBACK OF VARIOUS CONTRACTS EXISTING UNDER THE HOUSTON-GALVESTON AREA COUNCIL ("H-GAC") COOPERATIVE PURCHASING PROGRAM AND OTHER CONTRACTS AS MAY BECOME AVAILABLE UNDER THE PROGRAM ("H-GACBUY"), ON AN AS-NEEDED CONTRACTUAL BASIS; FURTHER ACCEPTING THE EXECUTED INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND H-GAC, IN SUBSTANTIALLY THE ATTACHED FORM, AUTHORIZING THE CITY'S PARTICIPATION IN THE H-GACBUY PROGRAM; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT(S) AT THE TIME OF NEED. 08-01117 Legislation.pdf 08-01117 Exhibit.pdf 08-01117 Summary Form.pdf 08-01117 Login.pdf 08-01117 Emergency Vehicles.pdf 08-01117 Equipment & Services.pdf 08-01117 Parks Equipment.pdf 08-01117 Works Equipment.pdf 08-01117 Equipment & Supplies.pdf 08-01117 Services.pdf 08-01117 Green Procurement.pdf 08-01117 Cooperative Energy Purchasing.pdf
Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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Chair Sanchez: Next item, let's take up CA.10.
Commissioner Sarnoff: CA.4 was next.
Chair Sanchez: I'm sorry.
Commissioner González: CA.4.
Chair Sanchez: CA.4, I apologize. CA.4 is a piggyback contract.
Chair Sanchez: Mr. Manager, could you describe the procedure and why we piggyback contracts.
Pedro G. Hernandez (City Manager): Commissioner, it provides the opportunity to the City without having to going through an additional procurement process to have access to all kinds of needs that the City may have. The Procurement Department searches, in essence, I would say, nationwide for those opportunities, and it's a more efficient way for us to be able to tap into something that we may need that has already gone through a competitive process. An example -- for example, in this case was the purchase of speed-measuring devices for Police Department, right? Correct?
Glenn Marcos: Yes, Mr. City Manager. Once again, Glenn Marcos, Purchasing director. Commissioner, at this particular point what you have in front of you is the piggyback of a cooperative group called the H-GAP (Houston-Galveston Area Council) Group. The Police
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Department, several weeks ago, had a need to procure a speed-measuring device, as the City Manager just mentioned, and at that particular point in time we were running against time in which a grant was going to expire; and so what we ended up doing was -- we didn't have the time to issue our own invitation for bid and do it through the legal mechanism as dictated by our procurement code, so what you have is is that we've identified this H-GAP contract, which conforms, again, to the procurement code of the City of Miami, and that allows us to make the procurement of that speed-measuring device, and in turn, we ended up not losing the money in that grant.
Commissioner Sarnoff: What mechanics are in place 'cause -- and I look at -- you know, obviously, it's used in Texas, which apparently is doing very well -- Texas as a state is apparently doing much better than many of the other states. And does that mean that we're relying upon their procurement procedures to ensure that they got the best bid, in other words, to the lowest possible price?
Mr. Hernandez: Commissioner, there is an economy scale in the fact that their contracts are -- is a cooperative that includes many governmental entities and it's more effective.
Commissioner Sarnoff: So my question to you is, then, we've done something from the City of Miami's perspective to make sure that had we done an RFP (Request for Proposals) that we would be -- this would be a better price than had we done it?
Mr. Marcos: That is correct --
Commissioner Sarnoff: Okay.
Mr. Marcos: -- Commissioner. To just mention what the City Manager just stated, it is based upon the economies of scales. You have 13 county regions down at the Houston Galveston area that collectively got together and procured all of these items. Just want to mention for the record, I think it's really important that certain agencies, such as Miami-Dade County, such as the City of Melbourne, such as Bay County Board of County Commissioners, they're all here in Florida, they're all part of this program because they recognize that if they were to end up issuing their own bid, they would not receive the same discounted price as received under the H-GAP cooperative group.
Commissioner Sarnoff: And I merely wanted to put that on the record so that anybody sees us piggybacking that at least the City of Miami has made a determination that we could not do any better price-wise ourselves.
Mr. Marcos: That is correct.
Commissioner Sarnoff: Okay.
Chair Sanchez: Any further discussion on CA.4?
Commissioner González: I'll make a motion on CA.4.
Commissioner Sarnoff: Second.
Chair Sanchez: There's a motion by Commissioner González, second by Commissioner Sarnoff, after discussion on the item. Hearing no further discussion on CA.4, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, 5/0. That was CA.4.
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CA.5 08-01119 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF TREES, PALMS, LANDSCAPING SERVICES AND RELOCATION OF TREES AND PALMS, FROM VARIOUS VENDORS, ON AN AS-NEEDED BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 5066-4/12, EFFECTIVE THROUGH FEBRUARY 28, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; 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. 08-01119 Legislation.pdf 08-01119 Summary Form.pdf 08-01119 Award Sheet.pdf 08-01119 Award Sheet 2.pdf 08-01119 Award Sheet 3.pdf 08-01119 Award Sheet 4.pdf 08-01119 Invitation To Bid.pdf 08-01119 Appendix.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0570
CA.6 08-01122 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"), TO REMOVE THE PROPERTY LOCATED AT 160 NORTHEAST 79TH STREET, MIAMI, FLORIDA, ALSO KNOWN AS THE LITTLE RIVER LIBRARY, FROM THE LIST OF CITY-OWNED PROPERTIES LEASED TO THE COUNTY FOR LIBRARY FACILITIES, WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID AGREEMENT. 08-01122 Legislation.pdf 08-01122 Exhibit 1.pdf 08-01122 Exhibit 2.pdf 08-01122 Exhibit 3.pdf 08-01122 Exhibit 4.pdf 08-01122 Exhibit 5.pdf 08-01122 Exhibit 6.pdf 08-01122 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0571
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CA.7 08-01123 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF THE RENTAL OF OFFICE TRAILERS (PRE-QUALIFICATION), FROM MCGRATH RENT CORP. AND MODULAR SPACE CORPORATION, ON A CITYWIDE, AS-NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 8720-0/09, EFFECTIVE THROUGH FEBRUARY 28, 2009, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; 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. 08-01123 Legislation.pdf 08-01123 Summary Form.pdf 08-01123 Award Sheet 1.pdf 08-01123 Contract Award Sheet.pdf 08-01123 Invitation to Bid.pdf 08-01123 Appendix.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0572
CA.8 08-01124 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF TELEPHONY EQUIPMENT AND SERVICES, FROM VARIOUS VENDORS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 730-000-09-1, EFFECTIVE UNTIL SEPTEMBER 2, 2011, SUBJECT TO EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 08-01124 Legislation.pdf 08-01124 Summary Form.pdf 08-01124 Web Page.pdf 08-01124 Spreadsheet.pdf 08-01124 Contact Information.pdf 08-01124 Purchase Only.pdf 08-01124 Invoices.pdf 08-01124 ITN.pdf 08-01124-Summary Fact Sheet.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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CA.9 08-01125 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE BID Purchasing AWARD TO ALBERT ELECTRICAL OF SOUTH FLORIDA, CORP., FOR THE PROVISION OF GENERATOR REPLACEMENT AT FOUR (4) FIRE STATIONS, FOR THE DEPARTMENT OF FIRE-RESCUE, PURSUANT TO RESOLUTION NO. 08-0164, ADOPTED MARCH 27, 2008; AWARDING THE BID TO EDFM CORPORATION, UNDER THE SAME TERMS AND CONDITIONS OF INVITATION FOR BID NO. 64070, IN AN AMOUNT NOT TO EXCEED $455,000, WITH A NOT TO EXCEED TEN PERCENT (10%) CONTINGENCY ALLOWANCE, BASED ON THE TOTAL CONTRACT AMOUNT NOT TO EXCEED $500,500; ALLOCATING FUNDS FROM THE FIRE ACT GRANT CONSISTING OF ACCOUNT CODE NOS. P-18-180007-T-03-A-1355-E -EQUIPMENT-O-181000, IN THE AMOUNT NOT TO EXCEED $96,467.25, AND P-18-180007-T-03-A-1356-E-EQUIPMENT-O-181000, IN THE AMOUNT NOT TO EXCEED $121,132.75, AND FROM CAPITAL IMPROVEMENT ACCOUNT CODE NO. P-40-B-30364-T-05-A-1105- EQUIPMENT-O-181000, IN THE AMOUNT NOT TO EXCEED $282,900. 08-01125 Legislation.pdf 08-01125 Summary Form.pdf 08-01125 Text File Report.pdf 08-01125 Tabulation of Bids.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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CA.10 08-01126 RESOLUTION Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Sustainable ATTACHMENT(S), ACCEPTING THE RECOMMENDATIONS OF THE CITY Initiatives OF MIAMI ("CITY") GREEN COMMISSION'S BICYCLE ACTION COMMITTEE, WHICH HAS DEVELOPED A CITY BICYCLE ACTION PLAN ("PLAN") PROVIDING RECOMMENDATIONS TO MAKE MIAMI A MORE BICYCLE FRIENDLY CITY THROUGH DEVELOPMENT OF INFRASTRUCTURE, EDUCATION AND COORDINATION; FURTHER DIRECTING THE CITY MANAGER TO IDENTIFY APPROPRIATE RESOURCES AMONG CITY DEPARTMENTS AND AGENCIES TO ENSURE THE PROMPT AND SUCCESSFUL IMPLEMENTATION OF THE PLAN, AS IT MAY BE AMENDED FROM TIME TO TIME. 08-01126 Legislation.pdf 08-01126 Exhibit.pdf 08-01126 Exhibit 2.pdf 08-01126 Summary Form.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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R-08-0582
Chair Sanchez: All right. Let's go to CA.10, the presentation. Before we go on the presentation, let me take this opportunity to praise the Mayor and the green initiative, and a lot of other people who have worked very hard to get this done. I want to take the opportunity to thank the Green Mobility Network. I want to take the opportunity to thank Critical Mass. And I also want to take the opportunity to praise Bicycle Action Committee for their participation in this item. Just let me say that this City is practicing what it preaches, and this is something that we are looking very forward to. If you go back not long ago -- and we like to look at what's happening around other states in the United States -- the City of Miami was the fifth worst state in the United States to ride a bicycle. This will allow us an opportunity to work with this plan to create Miami into a city where people will have an opportunity to ride their bikes; that we can enjoy at least seven months out of the year, when we do have good weather, to get people to, one, help maintain a clean environment; second, reduce their expenditure on fuel dependency; and the most important, I think, is to have people educate themselves, and you know what? Exercise and maintain themselves in a healthy manner. I do want to just say that in the last meeting that I had, I want to make sure that we propose that any street improvement project to take place in the City should automatically study the additional bike lanes or the striping of bike lanes in the City. In other words, if CIP (Capital Improvement Projects) or any major project is going to happen in the City, it is paramount that we do everything that we can to assure connectivity in these bike path and in these lanes to make sure that we do provide, one, a safe environment for people to ride their bikes because I think if you ask people why they don't ride their bikes, you're going to get this "It's pretty dangerous to ride your bike in the City of Miami." So having said that, I just want to proffer that to the Administration. Of course, I know it'll be part of the MiPlan, the action -- Bicycle Action Plan. So at this time I want to recognize Robert Ruano with the sustainability [sic] office, and I'm sure the Mayor would want to say a couple of words on this great legislation.
Robert Ruano: Commissioners, good morning. Robert Ruano, director of Grants and Sustainable Initiatives. Well, Commissioner, you kind of took the words out of the Plan's mouth, so to speak. The first two sentences in the plan that I'd just like to read for the record are Miami is perfect for bicycling. The terrain is flat, streets are laid out in a grid pattern, and there is warm, sunny weather year round. With that kind of environment, we can't miss this opportunity to make Miami bicycle-friendly. Before I start with the brief presentation, I'd like to acknowledge the members that are here from the Bicycle Action Committee and people that are supporting cycling and cyclists that are here, if they could please stand up, and all the folks that worked on this.
Applause.
Mr. Ruano: And there are more folks also. We thank those that could make it to come today and showing their support. But this plan was developed over a span of, I believe, now six months with a lot of participation from the community, a lot of groups that were very involved, and I want to thank them personally. The Bicycle Action Plan, the committee -- where did it come from? The Bicycle Action Committee, which developed this plan, is a subgroup of the Green Commission. Just a few weeks ago I presented on the Climate Action Plan. That was also a subgroup. And this is a similar committee that came together for this explicit purpose, and it formed, essentially, to develop a plan that would make Miami more bicycle-friendly. The members are people from the community, people from different groups, like Green Mobility, Transit Miami, a Critical Miami. If I missed other groups, I apologize. I would like the -- the plan acknowledges everybody in there, but if I start naming names, I -- unfortunately, I'll miss some, so I'd rather not. Their responsibilities were to come together and develop this plan, which outlines what we plan to do. This is just a graph to show you the trend of gas prices, although gas prices, as you know, have been dropping a little bit recently. If you go back to 2005 to 2008, you see that steady increase in gas prices. There's an opportunity there that we need to seize that opportunity to make Miami more bicycle-friendly, particularly if this is just -- if
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you see the graph, if it continues to increase after a couple months, then we're already have a situation which we should take advantage of. Public transportation use from '07 and '08 is up. A lot of people are -- more people are using public transportation, and this is from Florida Trend Magazine. If you look just March, April, and May, the difference on the left of 2007 and on the right of 2008, how ridership has increased; another opportunity to seize upon. Essentially, the Bicycle Action Plan was created, first, economic status. I mean, a lot of people ride because they want to. There are folks also that ride because they have to, and we need to keep that in mind. We need to make it safe for everybody, but safe -- make it safe for those folks particularly that are using it for transportation. Obviously, Miami's favorable conditions, the weather, the flat terrain, and also there was a huge demand from the community. The community had come together and met with the Mayor and different individuals met with the Mayor and said that Miami needs to change. There are essentially four goals in the action plan. The first one is develop a bicycle network and facilities for safe cycling. Some of the things that we're going to be doing on that are, first and most importantly, the proposed bicycle network, which you have a map right here, a larger map, and the map before you; and this is a map that was developed after many months of meeting with many different City departments, including the County, including FDOT (Florida Department of Transportation), looking at projects that were in the works or that were being discussed in the future. If you look -- I won't go through each one, but essentially, if you look at the -- it's kind of hard to see up there, but on this one, maybe it's clearer. If you look at the blue dashes, those are the proposed bicycle lanes, and essentially there's four areas that we are proposing. We're proposing bicycle lanes, proposing greenways, proposing neighborhood routes, and then shared routes. The shared routes is not something that you've seen here, but it is common in other parts of the country, which is essentially a shared road, just a marking on the road that let's people in cars know that cyclists would come through there and kind of mark them to kind of try to stay away and kind of put that area for cyclists, but it's not a designated lane, per se. There's quite a few areas. Some of the areas, I'll just point out very briefly. Well, actually, let me save that for later because we've had a few successes already. Some of the other things that we would do -- and Commissioner, you mentioned it -- is utilize the bike action plan to guide planning, design, and implementation of bicycle infrastructure. On action plan goal 2, we would improve the safety through education and outreach, and the first example is Bike Miami, which is something that was done in Columbia and other places actually in the country. New York is starting to do that. The first one is on November 9 in downtown Miami. I hope, you know, the folks here will come. It will be through Flagler Street from the courthouse down to Bayfront Park, and then going south to Mary Brickell Village on South Miami Avenue. But we would also propose to address bicycle safety measures through enforcement of the laws in partnership with the City of Miami Police Department, which is also very actively involved in the development of this plan. Action goal 3 is develop a plan for accommodation of cyclists in the City, and on that we would seek funding for a bicycle coordinator, probably in the Transportation office or Capital Improvements office, and also develop a bicycle master plan. Well, this was an action plan that is geared to short-term improvements, but we believe and the community believes that a full bicycle master plan needs to be developed within the next five years with the entire community, essentially a bicycle charrette. Action plan goal 4 is to implement a process to improve bicycle initiatives. That we would develop a website where people can go on and see the safe routes, the routes that they should be using for cycling and the routes that they should avoid, and also update bicycle map and plan. We are creating this and hopefully you will adopt it, but this is not something that we should leave static and not look at and change and improve. Some of the recent successes that I'd like you -- that are noteworthy: Southwest 3rd Avenue, which is a Florida Department of Transportation Road, the City has reached out to them, the Mayor, some Commissioners, and the Manager, and FDOT wouldn't -- they were at a hundred percent plans and they were about to go to construction; they held back and they decided to relook at Southwest 3rd Avenue, which is essentially Coral Way from 12th Avenue south to 15th Road, and they are really looking at it again, and I believe they are putting bicycle lanes there. Also, 15th Road, Capital Improvements just completed actually last week. Probably painted the bike lanes on 15th Road, and now they would connect to South Miami Avenue and hopefully in the future to Southwest 3rd Avenue.
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Northeast 2nd Avenue, which is a Capital Improvements projects, is also in the works to be designed with bicycle lanes. And then we worked with other partners, including the Miami Parking Authority, which has agreed to install approximately 24 areas for bicycle parking around the City. And true to form of the participation and the cooperation that we received, they didn't recommend places to put them. They said that they would reach out to the people in our group, and we would tell them where the bicycle parking would be. And then, in summation, the vision for the Bicycle Action Plan is the City will integrate bicycling initiatives through the bicycle network and infrastructure. And then, finally, the City will be designated as a bicycle-friendly community by 2012.
Chair Sanchez: All right. Before we bring it for deliberation, let me take the opportunity, as a point of privilege, to recognize Commissioner Willie Gort, former Commissioner, who has joined us here at City Hall. Always a pleasure to see you, Commissioner. All right. It comes back to the Commission. We need a motion to approve CA.10.
Commissioner Sarnoff: So move.
Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second?
Commissioner Regalado: Second.
Chair Sanchez: All right, there's a motion by -- second by Commissioner Regalado. The item is under discussion. Commissioner Sarnoff, you're recognized for the record. Mr. Mayor, would you like to --? Okay. Commissioner Sarnoff, I apologize.
Commissioner Sarnoff: Roberto, have you ever figured out -- well, actually, I had two questions 'cause I -- the one thing I didn't hear mentioned, which I thought was worth mentioning, were -- let me put it to you like this. My understanding is in Miami 21 that all MUSP (Major Use Special Permit) buildings are going to have bicycle-changing facilities. Is that a correct statement?
Mr. Ruano: I don't -- well, I'm not an expert on Miami 21, but I believe that Miami 21 does call for large buildings to be LEED (Leadership in Energy and Environmental Design) Silver. In which case, one of the criteria for LEED Silver would be bicycle-changing facilities.
Commissioner Sarnoff: So a person who, let's say, uses one of our new bike lanes in, let's say, four or five years and hopefully in a new building in three or four or five years then would have the ability to bike to work, have a locker-changing facility, be able to take a shower, leave their bike inside the building, and go to work.
Mr. Ruano: Yes.
Commissioner Sarnoff: That's the intent behind that, correct?
Mr. Ruano: Yes, that would definitely be the intent.
Commissioner Sarnoff: The other question I had for you -- I noticed that you were calling for a new position and you were calling for what appears to be some other amounts of money. Have you figured out what this would cost, the actual cost?
Mr. Ruano: It depends. If we go for a part-time position, like a temp position, like a coordinator position, maybe 30, $35,000; and then that could possibly be paid either through funding, through some grants that would fund this, like other cities have done; possibly transportation money from the PTP (People's Transportation Plan), actually, would be another possibility.
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Commissioner Sarnoff: And have you ever done a statistical analysis that would demonstrate to the taxpayers and the citizens how much you'd be saving from carbon footprinting and all the way to the savings of -- you know, there's a reason we probably have the highest diabetes rate in the world, and that's because we don't exercise. So even if 10 percent of us were to utilize a bike lane, I don't know, 20 percent of our lives, we would be doing a lot of good things, which would include, you know, exercising and bringing down our diabetes rate, but equally, not creating a carbon footprint and equally saving gas and wear and tear on our roadways. So it seems like whatever we spend, we would make up -- as they say, spend a little on the front and make up a lot on the back end.
Mr. Ruano: Yes, Commissioner.
Chair Sanchez: Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Thank you, Mr. Chairman. Robert, recently there was an accident on McArthur Causeway and eight bicyclists were hurt. The most used lanes for sports, bicycling, is Rickenbacker Causeway and McArthur Causeway, but although -- within the City of Miami, we don't have any control, so what is DOT or County doing to have some kind of bicycle lanes on both causeways?
Mr. Ruano: Well, I think they are looking at both to improve the striping and signage of both to make it clearer and safer for cyclists. But to talk about that accident, unfortunately, even with that kind of accident, where the person fell asleep at the wheel and rammed into, you know, eight or ten cyclists, there's really no way you can get around that. I mean, if somebody's going to --
Commissioner Regalado: That was the point --
Mr. Ruano: Yes.
Commissioner Regalado: -- because even the striping, it won't be safe.
Mr. Ruano: Right. Well, that's why, in some scenarios, depending on the right-of-way, there are routes that are separated from the road to make it safer and that people can use, but ultimately, cyclists -- even when you do that, cyclists have the right to be on the roadway, so part of that -- that's why part of this plan is a lot of education to motorists to understand the rights that cyclists have.
Commissioner Regalado: But for that, you would need a legislature [sic] action in terms of penalizing those who endanger cyclists.
Mr. Ruano: Well, I think the laws are on the books already --
Commissioner Regalado: They are.
Mr. Ruano: -- and that's why part of it in the Police Department -- we worked very closely with them to, first, start education on the cyclists and motorists. You see a lot of cyclists that are going the wrong way and that's very dangerous, and you see motorists that don't respect and don't understand the rights that cyclists have, so part of it is education and part of it is enforcing some of the laws that are already there.
Commissioner Regalado: Okay. Thank you.
Chair Sanchez: All right. Any further discussion on CA.10? Hearing none, all in favor, say "aye."
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The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, 5/0.
CA.11 08-01128 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION IN THE FORM OF IMPROVEMENTS TO A VESSEL FINGER PIER LOCATED AT MIAMARINA, 401 BISCAYNE BOULEVARD, MIAMI, FLORIDA, CONSISTING OF HIRING A MARINE CONTRACTOR TO DEMOLISH AN EXISTING FINGER PIER LOCATED AT PIER 5 SLIP 1-2 AT MIAMARINA, AND REPLACING IT WITH A NEW FINGER PIER, AS DEPICTED IN "EXHIBIT A," ATTACHED AND INCORPORATED, WITH AN ESTIMATED VALUE IN THE AMOUNT OF $45,000, FROM SIGHTSEEING TOURS MANAGEMENT, INC.; SAID ACCEPTANCE IS SUBJECT TO SIGHTSEEING TOURS MANAGEMENT, INC. EXECUTING THE IMPROVEMENTS AND INDEMNIFICATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID DONATION.
08-01128 Legislation.pdf 08-01128 Exhibit.pdf 08-01128 Exhibit 2.pdf 08-01128 Exhibit 3.pdf 08-01128 Exhibit 4.pdf 08-01128 Summary Form.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0575
CA.12 08-00995 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Information ACQUISITION OF PROPRIETARY SOFTWARE MAINTENANCE AND Technology SUPPORT SERVICES FOR THE MP2 SYSTEM, FROM INFOR GLOBAL SOLUTIONS, INC., PURSUANT TO CHAPTER 18, SECTION 18-86(3)(D), OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR A ONE-YEAR PERIOD, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, AT A PROPOSED ANNUAL COST NOT TO EXCEED $30,105.32, FOR FISCAL YEAR 2008-2009, $32,105.52, FOR FISCAL YEAR 2009-2010, AND $35,105.52, FOR FISCAL YEAR 2010-2011; ALLOCATING FUNDS FOR FISCAL YEAR 2008-2009, FROM THE DEPARTMENT OF INFORMATION TECHNOLOGY GENERAL FUNDS ACCOUNT NO. 00001.251000.546.000.0.0, WITH FUTURE FISCAL YEAR FUNDING SUBJECT ONLY TO BUDGETARY APPROVAL.
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08-00995 Legislation.pdf 08-00995 Summary Form.pdf 08-00995 Letter.pdf 08-00995 Letter 2.pdf 08-00995 Scope of Operations.pdf 08-00995 Pre Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0576
CA.13 08-01172 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION CLASSIFYING ONE (1) Waste REAR-LOADER GARBAGE TRUCK #20003 (1994 MACK, MODEL #DM88S), VEHICLE IDENTIFICATION NUMBER (VIN) #1M2B218C1RM003126, AS CATEGORY "A" SURPLUS STOCK, AND DONATING SAID TRUCK TO THE HAITIAN AMERICAN CITIZENSHIP AND VOTER EDUCATION CENTER INC., A 501 (C) (3) NON-PROFIT ORGANIZATION, UPON THE EXECUTION OF THE APPROPRIATE RELEASE DOCUMENTS; AUTHORIZING DYNAMIC POWER HYDRAULIC, INC. TO REPAIR SAID TRUCK, PRIOR TO SAID DONATION, IN THE AMOUNT NOT TO EXCEED $20,000, UTILIZING MIAMI-DADE COUNTY CONTRACT NO. 5380-6/14; ALLOCATING FUNDS FROM THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, ACCOUNT CODE NO. 05001.247000.546000.0000.00000. 08-01172 Legislation.pdf 08-01172 Summary Form.pdf 08-01172 Corporation Papers.pdf 08-01172 List.pdf 08-01172 Transmittal Letter.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0577
CA.14 08-01186 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO OBJECTION TO THE CODESIGNATION BY THE FLORIDA LEGISLATURE, PURSUANT TO SENATE BILL 1604, DESIGNATING SOUTHWEST 22ND STREET BETWEEN SOUTHWEST 22ND AVENUE AND SOUTHWEST 24TH AVENUE, MIAMI, FLORIDA, AS "ROLANDO ENCINOSA ROAD;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT SIX, FOR SIGN INSTALLATION WITHIN THE NEWLY DESIGNATED ROADWAY. 08-01186 Legislation.pdf 08-01186 Exhibit.pdf
SPONSORS: CHAIR SANCHEZ
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COMMISSIONER REGALADO
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0578
CA.15 08-01190 RESOLUTION District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF PARK RENTAL FEES, IN THE AMOUNT OF $214, FOR THE Tomas Regalado USE OF ROBERT KING HIGH PARK, ON SATURDAY OCTOBER 18, 2008 AND SUNDAY, OCTOBER 19, 2008, FOR THE ASAMBLEA PROVINCIAL DE ORIENTE EVENT. 08-01190 Legislation.pdf
This Matter was ADOPTED on the Consent Agenda.
Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0579
CA.16 08-01201 RESOLUTION District 1 - A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $2,500, TO Angel González THE DAUGHTERS OF CHARITY SVP, TO ASSIST IN HURRICANE RELIEF FOR THE ISLAND OF CUBA; ALLOCATING SAID FUNDS FROM THE DISTRICT 1 OPERATING BUDGET, ACCOUNT NO. 00001.114000.882000.0000.00000.
08-01201 Legislation.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0583
Chair Sanchez: We move on to the next item, which was pulled for discussion, and that's CA.16. Commissioner González, you're recognized --
Commissioner González: Yes.
Chair Sanchez: -- for the record.
Commissioner González: I just want to make a statement. I'm allocating $2,500 from my office account to the Sisters of Charity, who have been serving Cuba for over 40 years, providing assistance to people in need, not only in times of hurricanes, but as we all know, Cuba was also affected by these hurricanes in real bad way, and there are a lot of people suffering and there
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are a lot of people with a lot of needs in Cuba, so I just want to make that statement, that my office is going to allocate $2,500 for this charity agency that, in turn, will provide some assistance for those people in need in Cuba.
Chair Sanchez: All right.
Commissioner González: And I'll move the item.
Chair Sanchez: There's a motion.
Vice Chair Spence-Jones: Second.
Chair Sanchez: Is there --?
Commissioner Regalado: Second.
Chair Sanchez: Second has been made by the Vice Chair. Any discussion on the item? Hearing none, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." And before we move to PH -- public hearings, Commissioner González, let me take the opportunity to praise you for your efforts on this. I think it's very worthy of you and your office. I just want to take the opportunity, through the generosity of the Miccosukee tribe of Indians, I am -- I will also be donating $10,000 to the Sisters of Charity. This money will serve to pay for four containers of foods that is so needed for the island, and it will be distributed in the islands for those that are in need. Also, this Saturday I will also be donating $10,000 to (UNINTELLIGIBLE) Accion, which is an organization that has been working in Haiti for the last 30 years, and this money will be -- will serve to help the town of Port De Pau, which is outside of Port-au-Prince, in the northwest of Haiti, which was seriously devastated. And my understanding is that international aid is largely unavailable in that area, and that's where that assistance will be. So I just wanted to echo on your kindness in this effort and share that with you. All right. Thank you so much.
Adopted the Consent Agenda
Motion by Commissioner González, 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: Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
END OF CONSENT AGENDA
Chair Sanchez: Now we move on to the consent agenda. Before we do that, Mr. City Manager, as always, are there any items that you would like to pull for discussion from the consent agenda?
Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, if you allow me, I have three changes to the agenda for today that I would like to put into the record.
Chair Sanchez: Could you state the items, please?
Mr. Hernandez: It's PH.3 to be withdrawn.
Chair Sanchez: Okay. So, hold on. So you want to do the entire items --
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Mr. Hernandez: And --
Chair Sanchez: -- instead of consent agenda. So PH.3 -- I mean --
Mr. Hernandez: To be withdrawn. PZ.1 to be deferred to October 23. That's the Miami Worldcenter development agreement.
Chair Sanchez: Okay.
Commissioner González: P what?
Mr. Hernandez: PZ.1.
Commissioner González: PZ.1, okay.
Chair Sanchez: Okay.
Mr. Hernandez: And then RE.2 to be continued to November 13.
Chair Sanchez: I'm sorry; which one was that one, sir?
Mr. Hernandez: RE.2 continued to November 13.
Chair Sanchez: RE.2?
Mr. Hernandez: Yes.
Chair Sanchez: Hold on. Okay. Those are the items?
Mr. Hernandez: Those are the changes --
Chair Sanchez: Okay.
Mr. Hernandez: -- Mr. Chairman.
Chair Sanchez: Before we ask the Commissioners if there're any items that they would like to pull for discussion on the consent agenda, just note that we cannot defer any items from this Commission meeting to the next because we don't have sufficient time to properly advertise, so --
Commissioner González: I would just like to pull for a separate vote CA.16, and to make a statement.
Chair Sanchez: CA (Consent Agenda) --
Commissioner González: CA.16.
Chair Sanchez: CA -- okay, so CA [sic] has been pulled. I would ask that CA.10 be pulled for presentation and a discussion. Any other Commissioners want to pull any of the consent agenda?
Commissioner Sarnoff: Just CA.3 and CA.4.
Chair Sanchez: CA.3 and CA.4?
Commissioner Sarnoff: Yes, sir.
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Chair Sanchez: Okay. Any other item on the Commission [sic] that we could pull and save time on this? Hearing none, those are the items that have been proffered for -- pulled for discussion, and those that have been proffered by the City Manager to be continued. All right, let's go ahead and take up --
Commissioner González: I'll make a motion for the balance of the consent agenda.
Commissioner Sarnoff: Second.
Vice Chair Spence-Jones: Second.
Chair Sanchez: Okay, there's a motion by Commissioner González for the remaining of the consent agenda, second by Vice Chair Spence-Jones. Any further discussion on the consent agenda? Hearing no discussion item [sic], all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, the remaining consent agenda has been approved, 5/0, by the City Commission.
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PUBLIC HEARINGS
PH.1 08-01130 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS ("FLAGSTONE"), ON CITY-OWNED PROPERTY LOCATED AT WATSON ISLAND, MIAMI, FLORIDA, TO PROVIDE FOR THE EXPANSION OF THE EASEMENT AREA OF APPROXIMATELY 10,033 SQUARE FEET OF SUBMERGED LANDS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED AND INCORPORATED, FOR THE LIMITED PURPOSES OF PROVIDING INGRESS AND EGRESS TO AND FROM THE SALES AND CONSTRUCTION OFFICES RELATED TO THE DEVELOPMENT, AS WELL AS DREDGING, FILLING, UNDERWATER DEBRIS REMOVAL, ENVIRONMENTAL MITIGATION, SEAWALL REPAIR AND RECONSTRUCTION, AND THE RECONSTRUCTION, REPAIRS TO OR REMOVAL OF THE EXISTING DOCK AND ALL ASSOCIATED WORK, WITH THE TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID SECOND AMENDMENT.
08-01130 Legislation.pdf 08-01130 Exhibit.pdf 08-01130 Exhibit 2.pdf 08-01130 Exhibit 3.pdf 08-01130 Exhibit 4.pdf 08-01130 Exhibit 5.pdf 08-01130 Exhibit 6.pdf 08-01130 Exhibit 7.pdf 08-01130 Exhibit 8.pdf 08-01130 Exhibit 9.pdf 08-01130 Exhibit 10.pdf 08-01130 Exhibit 11.pdf 08-01130 Exhibit 12.pdf 08-01130 Exhibit 13.pdf 08-01130 Exhibit 14.pdf 08-01130 Exhibit 15.pdf 08-01130 Exhibit 16.pdf 08-01130 Exhibit 17.pdf 08-01130 Exhibit 18.pdf 08-01130 Exhibit 19.pdf 08-01130 Exhibit 20.pdf 08-01130 Exhibit 21.pdf 08-01130 Exhibit 22.pdf 08-01130 Summary Form.pdf 08-01130 Memo.pdf 08-01130 Notice of Public Hearing.pdf 08-01130-Submittal-Photo.pdf
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Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence-Jones
R-08-0584
Chair Sanchez: Let's go to PH.1. PH.1, it's a resolution. It's a public hearing. PH.1, that's on the Flagstone Island Garden.
Laura Billberry (Director): Yes. Lori Billberry, Public Facilities. This is a resolution to amend a temporary construction easement with Flagstone to provide for an expansion of the easement area by approximately 10,000 square feet of submerged land. It also expands the scope of the easement to include items such as dredging, underwater debris removal, repair, reconstruction, and/or removal of an existing dock structure, which is in an unsafe condition.
Chair Sanchez: All right. Is there a motion?
Commissioner Sarnoff: So move for discussion.
Chair Sanchez: There's a motion by Commissioner Sarnoff for the purpose of discussion. Is there a second?
Commissioner Regalado: Second.
Chair Sanchez: Second by Commissioner Regalado. You're recognized for discussion.
Commissioner Sarnoff: Gloria [sic], has Flagstone started to pay the rent as agreed?
Ms. Billberry: Yes, they have.
Commissioner Sarnoff: That's all I have.
Chair Sanchez: All right. Any further discussion on the item? If not, it is a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Yes, sir.
Stephen Herbits: Thank you, Mr. Chairman. My name is Stephen Herbits, and I reside at 1000 Venetian Way, Miami.
Chair Sanchez: Yes, sir.
Mr. Herbits: I'm here today to request the Commission postpone consideration of the second amendment for a temporary construction. My comments today do not in any respect challenge the agreement made by the City in July 2004. The basis of my concern is that the extensive request has significant impact on Watson Island and its neighbors and the adjacent bay waters, and there has been insufficient time for members of the public to respond to more than 130 pages of technical materials included in the Commission's agenda. Back in July -- June/July of 2004, when the Commission considered the original proposal, if you may recall, the Commission deferred consideration because the Flagstone group had not communicated sufficiently with the community; the Commission, (UNINTELLIGIBLE) at the time Commission Winton, specifically instructed Flagstone to go back and talk to the community and to consider its issues, which was then done and brought back to the Commission for consideration. There has been no communication with the community since that time. There has been one amendment approved. The second amendment is extremely extensive. It is not a small item. It has major impact on the community, and there are five issues, of which, in two minutes, I would like to summarize for you
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as to why more than the insiders of this group ought to have an opportunity to examine it with professionals and to bring back to you some advice. The first issue is that it's unclear from the documents that relevant government agencies have had an opportunity to examine these proposals as stipulated in the temporary construction easement agreement executed December 11, 2005. There are significant issues affecting the bay that I do not see, for example, concurrence from the Florida Fish and Wildlife Conservation Commission, the DERM (Department of Environmental Resource Management), the Coast Guard, or the South Florida Regional Planning Council. From the documents, the impact of this amendment to the development of the harbor tunnel is also unclear and could have an impact on that schedule. When the County Commission considered this project, it delayed a decision itself, pending resolution of water requirements for this area because of the scope and speed of other developments in the downtown Miami area. We don't know if this issue was affected by this amendment. Secondly, there is no mention of cost allocation in this proposal. Would the City of Miami or any other government entity be required to make outlays for the purposes of this amendment? If not, why is that not spelled out specifically in the proposal? Outlays in this respect, which would be any cost associated with reverting the property following the end of its temporary purposes. Third, when the Island Gardens project was approved in July '04, the Commission agreed to study parking and traffic patterns that may be affected by this project. Has the issue been revisited in the light of this amendment? And if there is an impact, has the study been appropriately updated to include such impact? Fourth, the outstanding question before the Commission is that there is nothing in this amendment that could not have been foreseen when the original proposal was developed and approved. Why is this second amendment being done piecemeal, out of view of all but a select group of insiders? And finally, the draft agreement as presented before you gives the Miami chief executive officer or his designee extensive powers to change the purposes of the amendment without requiring sufficient input from the Commission or the boards or the public, and such power may be beyond the legal scope of that authority. At a time when every taxpayer in this city, county, and state are under enormous stress, it is incumbent on this Commission to ensure that every reasonable step to protect those taxpayers while promoting responsible development is taken. The Commission should not act on any agreement affecting Flagstone's lease of land on Watson Island unless appropriate safeguards are assured, especially if the land is designated for public use. Thank you.
Chair Sanchez: Thank you, sir. All right. Anyone else from the public wishing to address this item? If not --
Ms. Billberry: May I just make a comment for the record?
Chair Sanchez: Absolutely.
Ms. Billberry: The item before the Commission is really not a material item as it relates to the development. There is nothing in this item before the Commission today that is impacting the overall development of the project. This is just allowing them to use, as part of their construction easement area, an additional 10,000 square feet so that they would have the ability to bring a boat up adjacent to the existing construction easement that's already been granted to the Commission -- by the Commission at prior public hearings.
Chair Sanchez: All right. No, sir, you've had your time.
Mr. Herbits: (INAUDIBLE) respond to her comment.
Chair Sanchez: All right.
Mr. Herbits: That is not an accurate comment.
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Chair Sanchez: (UNINTELLIGIBLE) rebuttal. All right. Coming back to the Commission, Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Yeah, Lori, but that doesn't address the issue that he mentioned, that it was Monday that Flagstone will meet with residents. Actually, we had also concerns from the Children's Museum that they have not met with them. I mean, I don't know if they met yesterday or several days ago, but this is a major project, I mean, and they're trying to build a tunnel. We don't -- we have not been told what is the impact of the tunnel. If the tunnel ever gets built, where is the equipment going to be staged? Where is the equipment for Flagstone going to be staged? Is it going to create problems for the Children's Museum, which is an active building seven days a week? So, I mean, the briefing that we had -- or the briefing that I had -- is this is just a simple thing. They just want to put a boat to sell the stuff. But beyond that is that it is a major project, a project for which the people of Miami voted for, which has been changed several times, and we really need to address some of the concerns of the people, and I don't know if they have done that or they're just changing and changing and -- and I understand the changes because of the market situation, but I have not seen an effort to address all of these issues in a global sense. I mean, what if the tunnel -- what if we settled the suit with Chalks? What if, you know? And I have not seen -- I've never gotten a briefing from the people of Flagstone. But I think that this issue gives us the opportunity at least to ask that they will address those issues that are public because this is public land.
Ms. Billberry: And certainly Lillian can, I'm sure, expand upon what I'm about to say, but part of the reason that it took so long in getting some of the easements back to this Commission was that we actually amended it to provide a joint use of the area that's at the most southeastern end of the island in the event the tunnel construction did take place at the time that Flagstone was also doing it, that we actually modified that use that they would, if that happens, only be able to do their parking in that area at that point, which is also why we allowed the expansion of the use in this area to allow their construction -- their sales center trailer in this area because we knew, if they might get displaced in the southeastern end, they still needed a location for their trailer. The issue of parking and traffic studies, they -- I know we did do, quite some time ago, some internal parking studies, traffic studies within the island. Those results were shared with members of some of our tenants on Watson Island. The biggest issue has been in the event of special events as opposed to the daily traffic that was not expressed as much of a concern. They also have not really gotten to the point of having their construction documents, their plans laid out of how that construction traffic will work, and certainly, I know that Lillian has met with the Museum in the past, and I'm sure there will be more meetings in the future, and I'm sure we could also provide an update to the condo associations on Venetian also.
Chair Sanchez: All right. I have to be fair and balanced here, okay? We closed the public hearing. The only way you're going to be able to speak if one of the Commissioners has a question for you because I have closed the public hearing. I cannot allow you 'cause I did not allow him. So I have to be fair and balanced. So are there any questions that any Commissioner may have?
Commissioner Regalado: I can ask you a question. Have you met with the Children's Museum and resolved all the concerns that they have in terms of parking and leaving and picking up childrens [sic]? And have you met with the residents from Venetian Island and at least discussed their concerns?
Lillian Ser: Lillian Ser, with Flagstone Island Gardens, located at 1674 Meridian Avenue, Miami Beach. As far as meeting with the Museum, I have been in contact with Debbie Spiegelman for the last three years off and on every few months. We have not had our construction staging plan in place to be able to meet with her to actually show her and give her options of how we're going to be doing the construction. We are very close to doing that, as I briefed Lori and others at the City recently. We're very close to doing that over the next few
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months because we're getting close to putting that shovel in the ground. As far as residents on Venetian Island, no, we have not met. We have not had reason to do so. We have not modified our plan for the adjacent parcel where the project is going to be built, so there hasn't really been anything to meet on. The matter before you today is a minor extension to an already existing easement, and we are doing it because there are dangerous conditions in the submerged area right off that piece of land. There are pilings that are sticking up from the sand, and there's also a dilapidated dock that is extending out from the easement area. It is going to cost about $13,000 and change to clean it all up, an expense that Flagstone has taken upon itself to do. I have additional pictures if you need. Also, we have been in contact with DERM (Department of Environmental Resources Management). DERM does not require any kind of permit to be able to remove the pilings that we are going to be removing. There are no other agencies that are involved or need to be involved for this work. There's no cost to the City. There is no City outlay of funds or anything else. There's no impact to parking, and I believe that Mr. Herbert [sic] had mentioned that there's extensive technical documentation associated with this request and with this resolution, and there is no technical information associated. It is merely a document. Again, there's no technical information in the -- in your package because there are no governmental agencies. He might be confusing this with the marina next door, our 50-slip marina, which we are in to DERM for the Class I Permit. As you know, I gave you an update in June when I was here. We are very close to pulling that permit. We should have that by November 1, I believe. So other than that, this is very minor. It's an extension of maybe ten feet by -- I don't know the exact dimensions -- fifteen -- but it's 10,000 square feet of space over the water, and it's merely for us to have the dredging company come in and pull out the pilings. Again, as soon as we have our construction staging plan, we will be meeting with the Museum. We will also be meeting with Parrot Jungle, MPA (Miami Parking Authority), the parking authority from the City to discuss our plan for how we're going to construct this very major project in a very small space with very limited area for construction staging. The tunnel, as Lori mentioned, has been considered in everything that we do. We are constantly meeting with FDOT (Florida Department of Transportation) as far as the relocation of the Perimeter Road, as far as Parcel A, which is South Park and the easement that has been provided to FDOT for their work, for their construction staging, so that has been taken into consideration.
Chair Sanchez: All right. Any further questions from the Commission? If not, there was a motion and a second on the resolution. That's PH.1. Commissioner Sarnoff.
Commissioner Sarnoff: You know, it seems like most of the questions asked are really questions aimed at the project itself, which has already been voted on by this Commission and has already been relied upon by Flagstone, and, you know, if we didn't do our traffic and study patterns, I know that this Commission has to have been done. The water study had to have been done before this. You just heard a representation, all we're taking out -- all she's taking out are the pile ons, so you're not adding anything, and we're being asked to put a boat up, which I think is going to act as a sales center of some kind, correct?
Ms. Ser: It's part of the sale center that's currently being built on the uplands of the same piece of land.
Commissioner Sarnoff: Right. So, you know, you can't revisit what you've already agreed to, what you've already taken rent for. You can't go backwards in time. You know, and I think this is a pretty minor issue and something that will facilitate, you know, their building of the structure. So you know, I certainly support it.
Chair Sanchez: All right. There's been a motion and a second. The public hearing was opened and closed. All in favor on resolution, say “aye.”
The Commission (Collectively): Aye.
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Chair Sanchez: Anyone in opposition, having the same right, say “nay.” Madam Clerk, 4/0, with the absence of the Vice Chair.
Ms. Billberry: Thank you.
10:30 A.M.
A sign language interpreter translated discussion of items PH.2 - PH.5.
PH.2 08-01132 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO REVERT Development PARCELS OF LAND CONVEYED TO FOSTER CONSTRUCTION OF SOUTH FLORIDA, INC., LOCATED AT 5852 NORTHWEST 13TH AVENUE AND 5858 NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, BACK TO THE CITY OF MIAMI, FOR NON-COMPLIANCE WITH THE TERMS SPECIFIED IN THE QUIT-CLAIM DEEDS, SECTION 8.1, "COMMENCEMENT OF CONSTRUCTION WITHIN SIX (6) MONTHS FROM THE DATE OF CONVEYANCE;" FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 08-01132 Legislation.pdf 08-01132 Exhibit.pdf 08-01132 Summary Form.pdf 08-01132 Public Notice.pdf 08-01132 Pre Legislation.pdf 08-01132 Pre Legislation 2.pdf 08-01132 Exhibit A.pdf 08-01132 Pre Summary Form.pdf 08-01132 Corporation Papers.pdf 08-01132 Quit Claim Deed.pdf 08-01132 Permits List.pdf 08-01132 Property Information.pdf 08-01132 Quit Claim Deed 2.pdf 08-01132 Permit List 2.pdf 08-01132 Background Info.pdf 08-01132 Maps.pdf 08-01132 Letter.pdf 08-01132 Property Information 2.pdf 08-01132 Quit Claim Deed 3.pdf 08-01132 Maps 2.pdf 08-01132 Property Information 3.pdf 08-01132 Quit Claim Deed 4.pdf 08-01132 Maps 3.pdf 08-01132 Letter 2.pdf 08-01132 Letter 3.pdf 08-01132 LSR.pdf 08-01132 Property Information 4.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sanchez, Regalado and Spence-Jones Absent: 1 - Commissioner Sarnoff
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R-08-0588
Chair Sanchez: Let's go on to PH.2. Four and five --
Commissioner González: No. PH.1 is --
Chair Sanchez: No, no, no. Let's get -- let's -- they properly advertised at 10:30. We have the translator here. We could get her out of here.
Commissioner González: Oh, okay.
Chair Sanchez: Thank you for being here. Thank you. We'll get those, and then we'll go back to PH.1. All right, PH.2 has been properly advertised for 10:30 a.m. Department of Community Development, you're recognized for the record.
George Mensah: George Mensah, director of Department of Community Development. Mr. Chair, PH.2 is authorizing the City Manager to revert two parcels of land conveyed to Foster Construction of South Florida, located at 5852 Northwest 13th Avenue and 5858 Northwest 13th Avenue. This is for -- because of the fact that the gentleman did not start construction on those properties as required by the deed.
Chair Sanchez: All right.
Commissioner González: I'll move PH.2.
Chair Sanchez: Is there a motion?
Vice Chair Spence-Jones: Second.
Chair Sanchez: Motion by --
Vice Chair Spence-Jones: Discussion.
Chair Sanchez: -- Commissioner González, second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed; coming back to the Commission for deliberation.
Vice Chair Spence-Jones: First of all --
Chair Sanchez: Madam Chair, you're recognized for the record.
Vice Chair Spence-Jones: Thank you, sir. First of all, commending the Department once again regarding -- this is a project that's -- was a project that was in the Liberty City area through the Trust. Immediately, if the folks are not building these houses, once that time frame goes by, we need to be reverting that property back; so I don't want to see any lag time, six months, four months, three months should not go by before it's coming back in front of the City because houses need to be built.
Mr. Mensah: Yes.
Vice Chair Spence-Jones: So I just want to commend you guys for getting it done.
Mr. Mensah: Thank you.
Vice Chair Spence-Jones: Okay.
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Chair Sanchez: All right. 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, 4/0, with the absence of Commissioner Sarnoff.
PH.3 08-01133 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $49,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS, TO KIDCO CHILD CARE INC. ("KIDCO"), FOR ECONOMIC DEVELOPMENT ACTIVITIES/PUBLIC FACILITIES AND IMPROVEMENTS FOR THE PROPERTY LOCATED AT 5510 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-01133 Legislation.pdf 08-01133 Exhibit.pdf 08-01133 Exhibit 2.pdf 08-01133 Exhibit 3.pdf 08-01133 Exhibit 4.pdf 08-01133 Summary Form.pdf 08-01133 Public Notice.pdf 08-01133 Pre Legislation.pdf 08-01133 Pre Legislation 2.pdf 08-01133 Attachment A.pdf 08-01133 Pre Legislation 3.pdf 08-01133 Attachment A 2.pdf 08-01133 Email.pdf 08-01133 Corporation Papers.pdf 08-01133 Memorandum.pdf 08-01133 Agreement.pdf 08-01133 Exhibits.pdf 08-01133 Declaration of Covenants.pdf 08-01133 Pre Legislation 4.pdf 08-01133 Attachment A 3.pdf 08-01133 Pre Legislation 5.pdf 08-01133 Attachment A 4.pdf 08-01133 Email 2.pdf 08-01133 Corporation Papers 2.pdf WITHDRAWN
PH.4 08-01134 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $10,000,
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FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT (FISCAL YEAR 2007-2008); ALLOCATING SAID FUNDS, TO ABRAHAM EXECUTIVE SHOE SERVICE INC., TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES UNDER THE MICRO-ENTERPRISE ASSISTANCE GRANT PROGRAM, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID AGENCY, FOR SAID PURPOSE. 08-01134 Legislation.pdf 08-01134 Exhibit.pdf 08-01134 Exhibit 2.pdf 08-01134 Exhibit 3.pdf 08-01134 Summary Form.pdf 08-01134 Public Notice.pdf 08-01134 Pre Legislation.pdf 08-01134 Exhibit A.pdf 08-01134 Corp Papers.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sanchez, Regalado and Spence-Jones Absent: 1 - Commissioner Sarnoff
R-08-0589
Chair Sanchez: All right. We go on to PH.4.
Commissioner González: Move it.
Vice Chair Spence-Jones: Second.
Chair Sanchez: PH.4. Let's put something on the record.
Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. This is a resolution to transfer $10,000 from the Department of Community Development District 2 economic development account to Abraham Executive Shoe Service.
Chair Sanchez: All right. There's a motion by Commissioner González, second by the Vice Chair. It's a resolution requiring a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed; coming back to the Commission. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.4 [sic] has been approved, 4/0, with the absence of Commissioner Sarnoff. This is a success story. Abraham, this is a success story for us.
PH.5 08-01135 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF FUNDS, IN THE Development TOTAL AMOUNT OF $298,065, IN THE AMOUNTS AND TO THE AGENCIES AS SPECIFIED IN "EXHIBIT A," ATTACHED AND INCORPORATED, FOR
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PUBLIC SERVICES ACTIVITIES IN THE 34TH PROGRAM YEAR BEGINNING OCTOBER 1, 2008, ALLOCATING SAID FUNDS FROM THE MAYOR'S POVERTY INITIATIVE ACCOUNT; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCIES, FOR SAID PURPOSE. 08-01135 Legislation.pdf 08-01135 Exhibit.pdf 08-01135 Exhibit 2.pdf 08-01135 Summary Form.pdf 08-01135 Pre Legislation.pdf 08-01135 Minutes.pdf 08-01135 Email.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0590
Chair Sanchez: All right. Moving on to PH.5, it's a resolution.
Commissioner González: I'll make a motion on PH.5 based on the fact that this resolution will bring the social service agencies to the same level as of last year.
Chair Sanchez: Okay. Then --
Commissioner González: So based on that, I'll make the motion.
Chair Sanchez: -- got a motion --
Vice Chair Spence-Jones: Second.
Chair Sanchez: -- second by the Vice Chair. 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, hearing no one, the public hearing is closed; coming back to the Commission. It's a resolution. There's a motion and a second. No discussion on the item. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.4 [sic] has been approved, 5/0. Resolution PH.4 [sic].
Pamela E. Burns (Assistant City Clerk): PH.5.
Chair Sanchez: I'm sorry, PH.5, yes. Okay. That takes care of the interpreter. Thank you so much.
Commissioner Regalado: Mr. Chairman, before they leave, question for Community Development. Are we doing family home rehab?
George Mensah (Director, Community Development): Single-family rehab, yes. Yes, Commissioner. As a matter of fact, the application period ended --
Vice Chair Spence-Jones: Your name for the record.
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Mr. Mensah: -- I believe the first week of October.
Vice Chair Spence-Jones: Your name for the record.
Commissioner Regalado: Okay.
Vice Chair Spence-Jones: Your name for the record.
Mr. Mensah: George Mensah, director of Community Development. Thank you.
Commissioner Regalado: I have here a lady in District 4. She's a widow, she's retire; she lives alone. She has more than 70 years of age. She has an income of $780 from Social Security. She has a home. Now the property appraisal [sic] said the value of this home, only one room, I think back in 2007, 361; now 2008, 335,000. That's the market value according to the property appraisal [sic]. She apply because the roof is collapsing. She apply for home rehab, but she was told by Community Development that she does not qualify because the value of the house is - - exceeds the guidelines of $300,000. The problem that we have had here is the property appraisal [sic]. I mean, the property appraisal [sic], you know that he went on one of my programs and said, "The problem that we have is that we are behind assessing the properties 18 month. We are assessing the properties -- the property appraisal [sic] of Miami-Dade County is assessing the properties for this year the market value of 18 month ago. That's the official explanation. So next year, when they keep up with the market, the value of the home will probably go down to less than 300,000 on this lady, but the problem is that next year she ain't going to have a roof. So what do we do?
Mr. Mensah: Commissioner, I understand the situation. The value of 300,000 usually is set by the City Commission, so if the City Commission wishes for us to change that value, we will come back to the Commission and request an increase in the value. After we've done that, then we have to go to the State for the State to approve it. That's as part of our Local Housing Assistance Plan.
Commissioner Regalado: I understand that, but my question is how many people are in the same situation that Mrs. Martinez is?
Mr. Mensah: I'm sure there are probably quite a few people; however, the issue is that as you know, the amount of funding that we have is not a lot, so what we do is that -- the sense in this particular business is that if somebody has the ability -- has a house which is valued at 300,000, more than that, then they have the ability to get some financing to be able to help in renovating the property. Things are different now, and I think that that is why I'm --
Commissioner Regalado: Do you think that this lady --
Mr. Mensah: No. I know. I know.
Commissioner Regalado: -- will get a loan from a bank today?
Mr. Mensah: I'm --
Commissioner Regalado: Do you really think that?
Mr. Mensah: No, no, I don't think so. That's why --
Commissioner Regalado: Oh, okay.
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Mr. Mensah: -- I'm saying that things --
Commissioner Regalado: Okay.
Mr. Mensah: -- are different today.
Commissioner Regalado: Okay, okay. I was about to have a heart attack.
Mr. Mensah: Yeah. But, Commissioner, I mean, this is -- if it's the will of the Commission, I can come back with an adjustment of price from -- value from 300 to maybe 350,000.
Commissioner Regalado: I'm just saying that the property appraisal [sic] is appraising value for the value of 18 month ago.
Mr. Mensah: Yeah.
Chair Sanchez: All right. Well, maybe you can explore that and possibly come back with modification to 350?
Mr. Mensah: Yes.
Chair Sanchez: All right.
Mr. Mensah: Thank you.
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ORDINANCES - SECOND READING
SR.1 08-00978 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Community CHAPTER 2, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, Development FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY ESTABLISHING THE HOUSING AND COMMERCIAL LOAN COMMITTEE ("BOARD"), SETTING FORTH THE BOARD'S PURPOSE, POWERS AND DUTIES, PROVIDING FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES, MEMBERSHIP QUALIFICATIONS, ATTENDANCE REQUIREMENTS, OFFICERS, QUORUM AND VOTING, MEETINGS, ABOLISHMENT, LIAISON DESIGNATED BY THE CITY MANAGER, COUNSEL, AND PROVIDING FOR "SUNSET" REVIEW; MORE PARTICULARLY BY AMENDING SECTION 2-892 AND ADDING NEW DIVISION 19 TO ARTICLE XI OF CHAPTER 2 OF THE CITY CODE; RESCINDING RESOLUTIONS NOS. 00-867, 02-14, 03-993 AND 04-0156 IN THEIR ENTIRETY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
08-00978 Legislation SR.pdf 08-00978 Summary Form SR.pdf 08-00978 Resolution.pdf 08-00978 Policy Guidelines.pdf 08-00978 Resolution 2.pdf 08-00978 Resolution 3.pdf 08-00978 Memo.pdf 08-00978 Pre Legislation.pdf 08-00978 Memo 2.pdf 08-00978 List.pdf 08-00978 Resolution 4.pdf
Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence-Jones
13030
Chair Sanchez: All right. Let's move on to P --
Commissioner González: SR.1.
Chair Sanchez: Hold on. Yes, HR.1 -- no, SR.1. SR.1, second reading.
Commissioner González: Motion on SR.1.
Chair Sanchez: There's a --
Commissioner Sarnoff: Second.
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Chair Sanchez: -- motion and a second. The motion has been proffered by Commissioner González, second by Commissioner Sarnoff. Yes, sir. Just state it on the record.
George Mensah (Director): George Mensah, Department of Community Development. This is just a resolution to establish the loan committee, as requested by the State Statute. I just want to put something on record, the fact that there's one modification on this. There's an additional (UNINTELLIGIBLE) that we're putting on, a word, which means that the committee will be responsible for the approval -- to approve, disapprove, and restructure -- that word "restructure" was missing -- and that is currently what they do. And with that, I --
Chair Sanchez: Okay. It's an ordinance on second reading, SR.1. 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. It's an ordinance on second reading. Madam Clerk [sic], read the ordinance into the record, followed by a roll call.
Julie O. Bru (City Attorney): Mr. Chairman, with the slight modification described that would be put into the section of the ordinance entitled "Functions, Powers and Duties" to include also restructuring.
The Ordinance was read by title into the public record by the City Attorney.
Chair Sanchez: Roll call.
Pamela E. Burns (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has been adopted on second reading, as modified, 4/0.
Chair Sanchez: All right, SR.1 has been approved.
SR.2 08-00727 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Purchasing 18, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM," MORE PARTICULARLY BY REPEALING SECTIONS 18-136 THROUGH 18-146, ABOLISHING THE MINORITY WOMEN BUSINESS ENTERPRISE PROGRAM, AND REPEALING ALL RELATED ORDINANCES, RESOLUTIONS, AND ADMINISTRATIVE POLICIES AND PROCEDURES, SUCH AS, BUT NOT LIMITED TO ADMINISTRATIVE POLICY MANUAL (APM) 4-86; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00727 Legislation.pdf 08-00727 Summary Form SR.pdf 08-00727 Letter.pdf 08-00727 Memo.pdf 08-00727 Memo2.pdf 08-00727 Ordinance.pdf 08-00727 Resolution.pdf 08-00727 Ordinance2.pdf 08-00727 Ordinance3.pdf 08-00727 Ordinance4.pdf
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Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner González, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence-Jones
13031
Chair Sanchez: We move on to SR.2. SR.2 --
Commissioner González: Move SR.2.
Commissioner Sarnoff: Second.
Chair Sanchez: There's a motion by Commissioner González, second by Commissioner Sarnoff. Just put something into the record, sir.
Glenn Marcos: Thank you, Commissioner. Glenn Marcos, Purchasing director. The item before you is a second reading of an ordinance to abolish the Minority Women Business Enterprise Program, and we're asking and seeking approval from the City Commission on this item.
Chair Sanchez: Okay. It's an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for deliberation. Hearing no further discussion on the item, Madam Attorney, read the ordinance into the record on second reading, followed by a roll call.
Julie O. Bru (City Attorney): Yes, Mr. Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Commissioner Sarnoff: Madam Clerk --
Commissioner González: Roll call.
Commissioner Sarnoff: -- roll call.
Pamela E. Burns (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has been adopted on second reading, 3/0.
SR.3 08-01062 ORDINANCE Second Reading Department of Code AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Enforcement 10 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "BUILDINGS," BY CREATING A NEW ARTICLE IV, ENTITLED "REGISTRATION OF VACANT, BLIGHTED, UNSECURED OR ABANDONED STRUCTURES," TO CLARIFY THE PROCEDURES REGULATING VACANT, BLIGHTED, UNSECURED AND ABANDONED STRUCTURES WITHIN THE CITY OF MIAMI; AMENDING CHAPTER 2/ARTICLE X OF THE CITY CODE ENTITLED "ADMINISTRATION/CODE ENFORCEMENT," MORE PARTICULARLY BY AMENDING SECTION 2-829, ENTITLED "SCHEDULE OF CIVIL PENALTIES," TO PROVIDE FOR
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PENALTIES FOR FAILURE TO COMPLY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
08-01062-Legislation SR-SUB.pdf 08-01062-Memo-City Attorney-Substitution.pdf 08-01062 Summary Form SR.pdf
Motion by Commissioner González, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
13032
Commissioner Sarnoff: All right. We have SR.3 now.
Commissioner González: I'll move SR.3.
Commissioner Regalado: Second.
Commissioner Sarnoff: Can we put something on the record?
Commissioner Regalado: Mr. Chairman, can I --? Mariano, how long before this is approved we will be able to go and secure properties?
Mariano Loret de Mola: Loret de Mola, Code Enforcement director. Commissioner, to be safe, I think in 45 days or maybe 60 days.
Commissioner Regalado: In those 45 days, can we have a list of priorities -- make a list of priorities? Or do you have already the list of priorities?
Mr. Loret de Mola: Commissioner, I did a survey of the City, and there are 62 properties that are really in very, very bad condition.
Commissioner Regalado: And when you say very, very bad condition, is -- they are collapsing or --
Mr. Loret de Mola: Well, those was -- maybe --
Commissioner Regalado: -- they're unsecure?
Mr. Loret de Mola: -- some of them we had to use a demolition process more than anything else, all right? There is nine hundred and some vacant properties in the City of Miami.
Commissioner González: Wow.
Commissioner Regalado: And of those vacant properties -- and by the way, there will be more because now people are not paying mortgages in order to get help by this rescue plan. But is it a way that we can work first with the yard -- Because you know, the overgrown yard is what creates animals and rodents, and --
Mr. Loret de Mola: That's correct.
Commissioner Regalado: -- this is what makes the whole block look really bad and all the residents in the block. And I can tell you for a fact -- and you know because I keep sending you stuff -- that we had serious, serious problems with those overgrown yards. So, yes, demolition is
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the priority, but at the same time, can we work on cleaning the yards and debris?
Mr. Loret de Mola: Yes, sir, and we had to speed up the process for private property to clean the lots and clean the yards. We have cut it down to 21 days, and that's almost the minimum we can have because we have to follow the legal procedures when we cut it ourselves to lien the properties.
Commissioner Regalado: Okay.
Chair Sanchez: Okay. Any further --
Commissioner González: All right.
Chair Sanchez: -- questions on this ordinance?
Vice Chair Spence-Jones: Yes, Mr. Chairman.
Chair Sanchez: Vice Chair, you're recognized for the record.
Vice Chair Spence-Jones: I want to -- I just want to actually address Madam City Attorney and, of course, Mariano. We've had discussions on this issue, and I have -- I understand that we're going to keep the two items very separate for reasons that they -- he has explained. So I support the current ordinance, so I don't have an issue with it. I do understand the difference between the two. However, I do want -- would like to know from either my attorney and from Mariano when I can expect a revised ordinance on the abandoned lot issue, 'cause once again, to me, abandoned lots are, you know, issues in my district, and they create the same type of issues, you know, so I want to make sure that this particular ordinance is revised as soon as possible. If you can give me an update on that and what are those changes.
Mr. Loret de Mola: Okay. We already start working on that one, and I committed myself and the Law Department to have it by November Commission meeting, all right? We were thinking about October 23, but there are some issues over there that after our discussion and I discussed with the Legal Department, we need a little bit more time to include all of those things in the ordinance, all right?
Vice Chair Spence-Jones: Yeah. And I just wanted to make sure you officially put it on the record that the adjustments will now include the following registration because the issue in the --
Mr. Loret de Mola: Okay.
Vice Chair Spence-Jones: -- original ordinance -- right, Madam City Attorney? -- does not have the registration of those lots, and I think that is extremely important --
Mr. Loret de Mola: Okay.
Vice Chair Spence-Jones: -- as we're redeveloping areas, whether or not they be in the CRA (Community Redevelopment Agency), at least in my district, Little Haiti or Liberty City. You know, we're putting these great houses and great buildings, and then we have these landlords that own these lots, and you know, we can't built -- we're having to build around them. So we want to be able to address that. So I just want to make sure that this is going to be moving at the same --
Mr. Loret de Mola: Yes.
Vice Chair Spence-Jones: -- type of pace that I've seen this ordinance move.
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Mr. Loret de Mola: Yes.
Julie O. Bru (City Attorney): Commissioner, if I may. You have been very adamant throughout this process that of great concern to your community are the vacant lots, and you have insisted that that be addressed. You had suggested that we address it along with the vacant structures, and we went back and forth with you and your staff, and I think we have reached a consensus that perhaps the best way to address it is in its own ordinance, and that will come back to you in November, dealing specifically with vacant lots and providing for a registration program also for vacant lots and certain enforcement policies.
Vice Chair Spence-Jones: Thank you.
Mr. Loret de Mola: You're welcome.
Chair Sanchez: Discussion on this. Mariano, I have a question.
Mr. Loret de Mola: Yeah.
Chair Sanchez: We've been getting more calls -- and I'm sure each Commission here -- on properties that have been abandoned --
Mr. Loret de Mola: Yes, sir.
Chair Sanchez: -- because of the foreclosure crisis. All right. I could guarantee you that anybody who owns a house -- and it's probably the greatest -- you know, it's -- when you own a house, that's probably the biggest investment you have -- when a property nearby is abandoned, it goes -- gets in a situation where it affects the entire neighborhood, people will call the Commissioner --
Mr. Loret de Mola: Oh, yes.
Chair Sanchez: -- and they'll call your office, and I'm sure they'll even --
Mr. Loret de Mola: Oh, yes.
Chair Sanchez: -- call the Mayor on this. Now, this -- this is -- this ordinance, basically, the special lien that we put on this, it's second to the mortgage; right?
Commissioner Sarnoff: No?
Chair Sanchez: So --
Mr. Loret de Mola: I'm sorry.
Chair Sanchez: No?
Commissioner Sarnoff: Prime is the mortgage.
Chair Sanchez: Prime is the mortgage, you know.
Mr. Loret de Mola: Yes.
Commissioner Sarnoff: So -- but it has way more teeth now than it had before. Before --
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Mr. Loret de Mola: Yes, definitely.
Chair Sanchez: -- when it was all said and done, the City didn't get any money.
Mr. Loret de Mola: Definitely.
Chair Sanchez: All right. So how quickly can we get this going?
Mr. Loret de Mola: How quickly I can put it to work?
Chair Sanchez: Yes.
Mr. Loret de Mola: Well, we got the 30 days that we have to wait.
Chair Sanchez: Well, not if the Mayor signs it in emergency.
Mr. Loret de Mola: Okay, but I need some time -- I mean -- and that was the question of Commissioner Regalado. I need about 45 days to put it --
Pedro G. Hernandez (City Manager): Mr. Chair, I think that the idea was to have at least 30 days for community outreach on the ordinance prior to --
Mr. Loret de Mola: Which we are working on that too, the community outreach and inform the people and inform the banks and inform everybody what we're going to be doing.
Vice Chair Spence-Jones: And that was -- Mr. Chairman, just adding on what you're saying, I want to also make sure -- I know that was one of the biggest issues in the last meeting -- is what type of PR (Public Relations) campaign is going to be put in place so that people know that this is changing. So is there -- and then the question becomes is -- who -- what dollars have been allocated to address making sure that it's not the same way that we notify folks, which is normally, you know, by sticking, you know, flyers at NET (Neighborhood Enhancement Team), which I'm not saying that's not -- you know, it's not good, but clearly, when you have these type of changes happening, you need to have a serious PR campaign to make sure the general public knows something is changing.
Mr. Loret de Mola: I've been in communication with the -- with our Communications Department, and they are working on something, and we're putting together an information program.
Chair Sanchez: Property owners have the -- you know, they have the right --
Vice Chair Spence-Jones: I know.
Mr. Loret de Mola: We know.
Chair Sanchez: -- and they need to keep their properties --
Mr. Loret de Mola: Sure.
Chair Sanchez: -- safe and secure --
Mr. Loret de Mola: Sure.
Chair Sanchez: -- because, you know, all it does, it invites gangs, it invites drugs, and it just destroys a neighborhood. And you know, you drive around the City, if you could see with these
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crisis, it's happening in neighborhoods that before they weren't facing those situations. Today they're facing those situations because of the conditions that exist out there. So I just want to try to expedite it.
Mr. Loret de Mola: Commissioner, in answering your question, I think I can have it in full effect in 45 days.
Chair Sanchez: All right. Any further discussion? If not, it's an ordinance on second reading. Read -- Mr. City Manager.
Mr. Hernandez: Mr. Chairman, I think it's important to have maybe George Mensah put a few words into the record on the Neighborhood Stabilization Program that may help with these issues.
George Mensah (Director, Community Development): Mr. Chair, as you know, on July 30, 2008, the President signed the Housing and Economic Recovery Act, and that act included $3.9 billion to local governments and states to be able to provide for what is referred to as the Neighborhood Stabilization Program. The City of Miami received about $12 million for this particular program, and November 13 we will come to the City Commission and inform you about how this program will work. One of the things we can do with this particular fund is to be able to purchase foreclosed properties and also purchase abandoned and blighted properties in the neighborhoods so that we can demolish them and keep the land and redevelop the land. So this is another tool that we have, which will, in connection with this particular program, help us be able to go to the homeowners and owners of these properties and ask them to sell the properties to us. We are required by the statute to buy these properties at a discount, about 15 percent of discounted price, and so we can be able to use it to be able to help with these properties in the neighborhoods.
Chair Sanchez: All right.
Vice Chair Spence-Jones: Thank you.
Chair Sanchez: Read the ordinance into the record, followed by a roll call.
Commissioner Sarnoff: Well, let me just say this. In Coconut Grove, most of the abandoned properties are owned by the banks, so you know, you can do all the education you want with a bank. They know exactly what they're doing, and the banks know just how long it is they can get away with not taking care of a property, and in the Grove, they are not taking care of any of their properties. They just wait for the City of Miami to slap a lien on them, and they'll wait till the very last minute to do anything. But they never before could be primed for their mortgage, and they have taken back all the properties in the Center Grove, and those are no longer owned by people, they're now owned by banks. So this is a great, great idea, and we should, as Commissioner Spence-Jones said, do this for, you know, vacant land as well. And this is just a way of making people be responsible. You just don't get to live in Iowa -- no disrespect to Iowans -- own land in Miami and not take care of it, or be a bank, you know, with corporate offices in North Carolina -- unless, of course, you've been taken over by the federal government recently -- and own property in the City of Miami and not take care of your property. There is an obligation of everyone who owns property in the City of Miami to his neighbor to be a good neighbor and take care of their property, and if you don't take care of your property, then the City of Miami will inevitably own that property.
Chair Sanchez: All right, read the ordinance into the record, followed by a roll call.
Pamela E. Burns (Assistant City Clerk): Excuse -- Mr. Chair.
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Chair Sanchez: Yes.
Ms. Burns: Did you want to open this up to a public hearing?
Chair Sanchez: Oh, I apologize. I did not open up for a public hearing. Anyone from the public wishing to address this item? Yes, sir. I do apologize. You're recognized for the record.
Jerome Schiller: Yes. My name is Jerome Schiller, with Buena Vista East, and I just want to address this item here. I think this ordinance is a great ordinance. I believe it's an effective ordinance because it finally has the true accountability as far as being pro -- both proactive as far as making sure that we have a process in place to identify the properties, but also making sure we have the tools or the teeth to make sure that we can enforce it. So this is a great ordinance in that aspect, but also in another comment in which Mr. Mensah stated, as far as the NSP (Neighborhood Stabilization Program) program, I am concerned about how the City plans to implement it because one of the things in which I was under the impression is these funds have to be used directly for foreclosed properties and that it cannot be addressed -- it cannot be used for blight. So I am concerned as far as how the City plans to implement this when some of the requirements for these funds is that -- REOs is the process or the means of obtaining these properties. Thank you.
Chair Sanchez: Thank you. Mr. City Manager.
Mr. Hernandez: I'm going to have Mr. Mensah basically --
Chair Sanchez: Right.
Mr. Hernandez: -- address it and actually work with the gentleman so he understands the item, but this issue will be coming before you, I think, on November 13, but it's good if you address the matter with him.
Mr. Mensah: Just -- I just wanted to inform that, no, that's not true. The -- it's REOs, but it's also for removal of blight and those conditions, abandoned property. So -- and I've already been talking to him. We will go to the community. We will have a meeting with all the community organizations to relay to them what we -- the plan will work and have their input. So I already told him that I will contact him.
Chair Sanchez: Yeah. All right. And I remember the young man has been a proponent of this for quite some time. He's even -- quite some time back, brought it in front of the Commission, and finally we have --
Vice Chair Spence-Jones: An ordinance.
Chair Sanchez: -- an ordinance that he has played a key role in getting it passed through this legislative body. All right. Read the ordinance into the record. Public hearing is closed. Anyone from the public wishing to address this item? All right. It comes back to the Commission. Commissioner Regalado.
Commissioner Regalado: No. I just -- I mean, Mr. Manager, I have not received -- since Mr. Mensah was here -- information that I have sent twice requesting details about how is the City going to use the $12 million. And I'm trying to understand these rent subsidies that it was mentioned in the paper. I am -- if I not had read the paper, I wouldn't know, and I keep asking for information regarding -- 'cause we have many people that could use that program, but I am not able to get information. So I don't know if you don't have it or you don't want to give it to me.
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Mr. Hernandez: No. I think that what's happening is that Mr. Mensah is actually developing a comprehensive approach that will be presented as part of legislation to the City Commission on the 13th. However, we will be doing advanced briefings of every Commissioner, and we will make sure that you are briefed, Commissioner.
Commissioner Regalado: But how can Mr. Mensah speak to the media with details about the rent subsidies and all that, and I don't know anything about it? I keep asking.
Mr. Mensah: I am not aware that -- I have not got any requests for information on this particular program.
Commissioner Regalado: I did --
Mr. Mensah: My --
Commissioner Regalado: -- it to the Manager.
Vice Chair Spence-Jones: He -- oh, to the Manager. He said he had -- originally, he had said he had made two requests to you regarding the issue of this program --
Mr. Mensah: No, I have not.
Vice Chair Spence-Jones: -- and had not gotten a response.
Mr. Mensah: I have not --
Vice Chair Spence-Jones: Actually, the request was not made to you; it was actually made to the Manager, so --
Mr. Hernandez: We'll make sure that we respond properly to the Commissioner.
Commissioner Regalado: Thank you.
Chair Sanchez: All right.
Commissioner González: All right.
Chair Sanchez: Let's vote on the issue. Read the ordinance into the record, followed by a roll call.
Vice Chair Spence-Jones: I thought we --
Ms. Burns: Mr. Chair --
Vice Chair Spence-Jones: -- did already.
Ms. Burns: For the record, we have received a substitution on this item.
Chair Sanchez: As amended, let's go.
Ms. Bru: Yes. Mr. Chairman, by the way, we did revise -- between first and second reading, we revised this ordinance in order to also adopt the definitions that are used in the congressional act so that the definition for an abandoned property and the definition for a blighted property would also comport with how Congress is defining it so we can work together with Community Development on this.
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Chair Sanchez: All right.
Ms. Bru: Okay.
Chair Sanchez: 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.
Commissioner González: Roll call.
Chair Sanchez: Roll call.
Ms. Burns: Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has been adopted on second reading, as modified, 5/0.
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ORDINANCE - FIRST READING
FR.1 08-01174 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 10/ARTICLE I OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS," MORE PARTICULARLY BY AMENDING SECTION 10-3 ENTITLED "BUILDING CODE," TO CLARIFY EXISTING LANGUAGE AND PROVIDE FOR ENHANCED PAYMENT OF DEMOLITION LIENS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
08-01174 Memo.pdf 08-01174 Legislation.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
Chair Sanchez: FR.1.
Commissioner González: Make a motion on FR.1.
Commissioner Sarnoff: Second.
Chair Sanchez: All right. There's a motion on FR.1.
Vice Chair Spence-Jones: Second.
Chair Sanchez: It's a second. Motion is made by Commissioner González, second by Commissioner Sarnoff. It is from the Office of the City Attorney. Could you put something in the record before we vote on it?
Julie O. Bru (City Attorney): Okay. This ordinance amends our existing regulatory scheme for demolition of structures to provide for the collection of liens as special assessments.
Chair Sanchez: Okay.
Commissioner González: Okay.
Chair Sanchez: Public hearing. It's an ordinance on first reading. That means it'll come back to us on second reading. Public hearing. Anyone from the public? Seeing no one, the public hearing is closed, coming back to the Commission. All right. Read the ordinance into the record on first reading, and then --
Ms. Bru: Thank you.
Chair Sanchez: -- followed by a roll call.
Ms. Bru: Thank you, Mr. Chairman.
The Ordinance was read by title into the public record by the City Attorney.
Chair Sanchez: Roll call.
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Pamela E. Burns (Assistant City Clerk): Roll call.
A roll call was taken, the result of which is stated above.
Ms. Burns: This item has passed on first reading, 5/0.
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RESOLUTIONS
RE.1 08-01116 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), APPROVING THE MODIFICATION OF WAGNER SQUARE'S SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE, TO REMOVE THE REQUIREMENT OF CITY COMMISSION APPROVAL FOR AMENDMENTS TO THE DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE , AND EASEMENT AND OPERATING AGREEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT THE SECOND AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS IN LIEU OF UNITY OF TITLE, IN SUBSTANTIALLY THE ATTACHED FORM, AND TO EXECUTE ANY ADDITIONAL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 08-01116 Legislation.pdf 08-01116 Exhibit.pdf 08-01116 Exhibit 2.pdf 08-01116 Exhibit 3.pdf 08-01116 Exhibit 4.pdf 08-01116 Summary Form.pdf
Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0585
Chair Sanchez: All right. We move on to RE.1.
Commissioner González: I'll move RE.1.
Chair Sanchez: All right.
Commissioner Sarnoff: Second.
Chair Sanchez: There's a motion by Commissioner González, second by Commissioner Sarnoff. It's a resolution. Open for discussion. This resolution does not require a public hearing.
Commissioner González: Right.
Chair Sanchez: All right. Any further discussion? 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." Resolution RE.1 has been approved, 5/0.
RE.2 08-00953 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING AND PERMITTING THE CONSTRUCTION
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AND MAINTENANCE OF A NINE (9) LEVEL PEDESTRIAN OVERPASS OVER AND ACROSS THE PUBLIC ALLEY LOCATED APPROXIMATELY 160 FEET SOUTH OF BIRD ROAD, BETWEEN SOUTHWEST 38TH COURT AND SOUTHWEST 38TH AVENUE, MIAMI, FLORIDA, BY 3031 INVESTMENT CORPORATION, IN ORDER TO CONNECT THE NEWLY CONSTRUCTED PROFESSIONAL BUILDING AND PARKING GARAGE LOCATED AT 3850 BIRD ROAD, MIAMI, FLORIDA, WITH A MINIMUM VERTICAL CLEARANCE OF 16 FEET ABOVE THE SURFACE OF THE PUBLIC ALLEY; CONDITIONED UPON THE 3031 INVESTMENT CORPORATION EXECUTING A COVENANT RUNNING WITH THE LAND, IN SUBSTANTIALLY THE ATTACHED FORM, IN FAVOR OF THE CITY OF MIAMI; PROVIDING FOR A PROCEDURE FOR THE REMOVAL OF THE PEDESTRIAN OVERPASS UPON FAILURE OF 3031 INVESTMENT CORPORATION TO MAINTAIN IT, AMONG OTHER TERMS SET FORTH THEREIN; PROVIDING FOR REQUIREMENTS PERTAINING TO THE PLANS FOR THE CONSTRUCTION OF THE PEDESTRIAN OVERPASS; FURTHER AUTHORIZING THE CITY MANAGER TO ACCEPT SAID COVENANT, FOR SAID PURPOSE.
08-00953 Exhibit.pdf 08-00953 Exhibit 2.pdf 08-00953 Exhibit 3.pdf 08-00953 Legislation.pdf 08-00953 Summary Form.pdf CONTINUED
Direction by Chair Sanchez to the City Manager to coordinate with staff to create legislation requiring developers to make valuable contributions that serve a public purpose to the City of Miami and its citizens in exchange for the use of air rights.
Commissioner González: Is that it?
Chair Sanchez: All right. While Commissioner Sarnoff reads the pocket item, Mr. City Manager, I do apologize. There was a mistake on my agenda on the numbers as we work with you to prepare the agenda. The item which was the building that was going to be nine stories, the connection of nine stories, that was RE.2, correct?
Pedro G. Hernandez (City Manager): Yes, sir, RE.2.
Chair Sanchez: And that was pulled?
Mr. Hernandez: And that was pulled.
Chair Sanchez: And it was pulled. Okay. Well, I'm going to ask you and your staff to create legislation that would make developers contribute something of substantial value to this City in return for the use of those air rights. And I think it's important that any time there is a closure of an alleyway, there has to be a public purpose. That's something that we always debate up here. Here we're giving up free air rights. As a matter of fact, it's a giveaway. There shouldn't be any reason why this Administration did not negotiate with that developer to make sure that we get compensated for those air rights. Any time any development has gone on in this City, looking back at the history and doing some research, they have paid for air rights. Why don't they pay us for those air rights? So I think that this is something -- look, I don't -- government -- Teele made a comment up here that always stuck to my mind; that government should not be here to play gotcha, okay, but when there are mistakes, the mistakes have been made, we have a
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responsibility to correct those mistakes to make sure they don't ever happen again. So we need to come up -- and I'm -- you know, I'm going to sit down with you because this item was deferred -- but we need to come up with legislation to protect and assure that any time that we are giving taxpayers', City residents' air rights, that those funds come back to the City to serve a public purpose. I don't know what could have been done there. Maybe we could have done a little plaza, maybe we could have beautified a park nearby. I'm sure there's a thousand reasons we could have come up with to use that money, but we can't allow this anymore, okay? So I'm just giving Commissioner Sarnoff a little time to read his [sic] pocket item and vote on it, but I think it's important that, through your office and the departments, we work on legislation to make sure that this does not happen again, all right? Because we didn't get anything for this, zippo, and we gave away our air rights.
Mr. Hernandez: Commissioner, I agree with you. Every time that we have, for example, a closure of a right-of-way, the only thing you have to be careful with is the reversion rights that may be involved. But in an issue like this where you have an easement or a public alley, my understanding is, in the past it has never been done, but I think that it will be wise policy to go ahead and start charging for those type of services --
Chair Sanchez: Pete, listen --
Mr. Hernandez: -- or those type of rights.
Chair Sanchez: -- we've got to start thinking outside --
Mr. Hernandez: Yes.
Chair Sanchez: -- the box, okay. We need to be creative. We've got to come up with creative ways to bring revenue to this City without dipping into the taxpayers' pockets. And this is a perfect opportunity for us that we have not taken advantage in the past. We have taken advantage in some of the projects where we pin the developer and say, you know, you want to close that alleyway, well, make a donation of “X” amount of dollars to this park, make “X” amount donation to something that benefits the City. All right.
Mr. Hernandez: I agree.
RE.3 08-01137 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE ACQUISITION OF THE PROPERTIES LOCATED AT 551 NORTHWEST 71 STREET, 7142 AND 7148 NORTHWEST 5 COURT, MIAMI, FLORIDA, (COLLECTIVELY THE "PROPERTY"), CONTAINING AN AGGREGATE AREA OF 35,643 SQUARE FEET MORE OR LESS, AS LEGALLY DESCRIBED IN THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI AND DAVID AND WALTER R. MILLER, ATTACHED AND INCORPORATED, FOR A TOTAL PURCHASE PRICE OF ONE MILLION TWO HUNDRED SIXTY EIGHT THOUSAND SEVEN HUNDRED AND FIFTY DOLLARS ($1,268,750); AUTHORIZING THE CITY MANAGER TO EXECUTE ANY NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WHICH ARE NECESSARY TO EFFECTUATE SAID CONVEYANCE; FURTHER ESTABLISHING AN AWARD AND ALLOCATING FUNDS IN THE TOTAL AMOUNT NOT TO EXCEED ONE MILLION THREE HUNDRED TWENTY FOUR THOUSAND DOLLARS ($1,324,000), FROM THE PUBLIC WORKS GENERAL FUND TO
City of Miami Page 52 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
CAPITAL ACCOUNT, PROJECT NO. B-30551, ENTITLED, "PUBLIC WORKS MAINTENANCE YARD," TO COVER THE COST OF SAID ACQUISITION, INCLUSIVE OF THE COST OF SURVEY, ENVIRONMENTAL REPORT, TITLE INSURANCE AND RELATED CLOSING COSTS ASSOCIATED WITH SAID ACQUISITION, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, WHICH TERMS MAY BE AMENDED BY THE CITY MANAGER, AS MAY BE NECESSARY IN ORDER TO MEET THE BEST INTEREST OF THE CITY. 08-01137-Legislation-SUB.pdf 08-01137-Exhibit-SUB.pdf 08-01137 Summary Form.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0603
Chair Sanchez: RE.2. It's a resolution also.
Commissioner González: RE.2 --
Commissioner Sarnoff: That's --
Commissioner González: -- was deferred, I believe.
Vice Chair Spence-Jones: Yes, it was, RE.2.
Chair Sanchez: I do apologize. Yes, it was.
Vice Chair Spence-Jones: RE.3.
Chair Sanchez: RE.3. RE.3.
Vice Chair Spence-Jones: Public hearing.
Commissioner González: Move RE.3.
Chair Sanchez: Okay.
Vice Chair Spence-Jones: Second.
Chair Sanchez: There's a motion by Commissioner González, second by the Vice Chair. Discussion on this? No discussion? I have some discussion. Mr. City Manager, this is -- after reviewing this -- this pertains to air rights?
Pedro G. Hernandez (City Manager): No.
Vice Chair Spence-Jones: No.
Mr. Hernandez: No, sir. RE.3 is the Public Works maintenance facility.
Unidentified Speaker: It's the (UNINTELLIGIBLE) property.
Mr. Hernandez: RE.2 is the one that was deferred.
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Chair Sanchez: Oh, okay. I do apologize for that. Got my notes here a little mixed up. Okay, RE.3. I don't have a problem with that. There's a motion and a second. No discussion on that. All right. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay."
Pamela E. Burns (Assistant City Clerk): Excuse --
Chair Sanchez: Motion carries.
Ms. Burns: Mr. Chair, we do have a substitution on that item.
Chair Sanchez: Could you state the substitution on the record?
Lillian Blondet (Assistant Director, Community Development): Yeah. The substitution is the scrivener's error on the purchase price. Initially, on the package we had a purchase price of one million two seventy-seven five, which was corrected to one million two sixty-eight seven fifty, a difference of eight thousand, seven hundred and fifty dollars in favor of the City.
Commissioner González: Less.
Chair Sanchez: All right.
Commissioner González: As amended.
Ms. Blondet: Packages were sent yesterday in the afternoon.
Ms. Burns: And we'll show this item as modified.
Chair Sanchez: As modified. There's a motion and a second, and we voted on it.
Ms. Burns: That's correct.
Chair Sanchez: Okay, as modified. That takes care of RE --
Ms. Blondet: 3.
Chair Sanchez: -- 3.
Commissioner González: RE.3.
RE.4 08-01129 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 MARCELIN JEAN-LOUIS, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $66,925, 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 City of Miami Page 54 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.524000.0000.00000. 08-01129 Cover Memo.pdf 08-01129 Budget Memo.pdf 08-01129 Legislation.pdf
Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0586
Commissioner González: Now, RE.4, I move it.
Commissioner Sarnoff: Second.
Chair Sanchez: RE.4. There is a motion by Commissioner González, second by Commissioner Sarnoff. Discussion on the item. Could you just put on what we're voting on the record?
Julie O. Bru (City Attorney): Mr. Chairman, RE.4 is a resolution seeking authorization for a settlement of all claims and dates of accidents alleged against the City by a claimant, Marcelin Jean-Louis. This is a worker's compensation action, and we're going to be settling this in the amount of $66,925.
Chair Sanchez: Okay. There's a motion?
Commissioner González: I did make a motion.
Chair Sanchez: There's a motion and a second, okay.
Pamela E. Burns (Assistant City Clerk): We have a motion and a second on the floor.
Chair Sanchez: Any further discussion on this item? 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." That takes care of the REs (Resolutions).
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BOARDS AND COMMITTEES
BC.1 08-01180 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYORS INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Emilio T. González Commission-At-Large (for a term expiring 10/15/12)
Steven Bandel Mayor Manuel Diaz
Edgardo Defortuna Mayor Manuel Diaz
Luis Lauredo Mayor Manuel Diaz
Julian Linares Mayor Manuel Diaz
Rudolph Moise Mayor Manuel Diaz
Dwayne A. Wynn Mayor Manuel Diaz
08-01180 memo 10-16-08.pdf 08-01180 members 10-16-08.pdf
Motion by Commissioner González, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0602
Note for the Record: Commissioner Regalado nominated Evelio Ley as his appointment to fill a vacant position; however, at the time, vacancies existed for nominations by the Commission-at-Large and the Mayor on the Mayor's International Council.
Chair Sanchez: Now we go to BC (Boards and Committees), board appointments.
Pamela E. Burns (Assistant City Clerk): That's correct.
Chair Sanchez: All right. Madam Clerk, how can we simplify this process so we don't continue to have confusion on the board appointments?
Ms. Burns: For each BC item, I would recommend make one motion and one vote, but have everybody make their nomination and then one vote.
Chair Sanchez: Okay.
Commissioner Regalado: Okay, Mr. Chairman, I have to replace the person that resigned that I
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was -- it was appointed with my --
Chair Sanchez: On BC.1?
Commissioner Regalado: On BC.1. Eveli -- so my new appointment is Evelio Ley.
Commissioner González: Also, I would like to move Emilio T. González.
Chair Sanchez: Okay. Two names have been proffered.
Commissioner González: Commission-At-Large.
Ms. Burns: Excuse me. On BC.1, it's the Mayor's International Council, so the two names that are proffered is for the Commission-At-Large appointment?
Commissioner Regalado: Yes. Well, I mean, the one -- my appointment resigned, so -- you sent me my appointments that I needed to appoint somebody to the Mayor's International Council, so I'm appointing Evelio Ley.
Ms. Burns: Okay. Because we don't show that on this agenda.
Commissioner Regalado: Oh.
Ms. Burns: If you would, hold on a second.
Commissioner Regalado: Well --
Ms. Burns: And then Commissioner González?
Commissioner González: That's the appointment at large.
Ms. Burns: And you are nominating again?
Commissioner González: Emilio T. González.
Ms. Burns: Emilio González.
Chair Sanchez: All right.
Commissioner González: Emilio T. González, I'm sorry. I said “Te.” T. González.
Ms. Burns: Okay, so that's the Commission-At-Large appointment, and Commissioner Regalado, that is for your appointment. Is that --
Commissioner Regalado: Right.
Ms. Burns: -- correct?
Commissioner Regalado: Right.
Ms. Burns: Okay.
Commissioner González: The ex immigration director.
Chair Sanchez: Okay. Any -- did that --? Madam Clerk.
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Ms. Burns: Well, we have proffered names by the Mayor, and he has indicated he wishes to reappoint Steven Bandel, Edgardo Defortuna, Luis Lauredo, Julian Linares, Rudolph Moise, and Dwayne Wynn. So each of those names have been proffered by the Mayor for his appointments.
Chair Sanchez: Do any of the names need waivers?
Ms. Burns: No, they do not.
Chair Sanchez: All right. There's already a motion and a second. No further discussion on the names that have been proffered. All in favor, say “aye.”
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say “nay.” Motion carries.
Ms. Burns: Can you restate the mover and the seconder on that item, please?
Commissioner Sarnoff: So move.
Chair Sanchez: No, no, no, no, no.
Commissioner González: Sec --
Chair Sanchez: The motion was -- Commissioner González made the motion and Commissioner Sarnoff made the second.
Commissioner Regalado: No. I move.
Chair Sanchez: Doesn't really matter.
Commissioner Regalado: It doesn't matter. You have a motion.
BC.2 08-01179 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Michael Barket Chair Joe Sanchez
Marie Louissant Vice Chair Michelle Spence-Jones
08-01179 memo 10-16-08.pdf 08-01179 members 10-16-08.pdf
Motion by Vice Chair Spence-Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0591
City of Miami Page 58 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
Chair Sanchez: All right. BC.2 is Bayfront Park.
Vice Chair Spence-Jones: I'd like to nominate Marie Louissant.
Chair Sanchez: And I would like to reappoint Michael Barket.
Commissioner Sarnoff: Second.
Chair Sanchez: Anyone else? Motion has been made by the Vice Chair, second by Commissioner Sarnoff. No further discussion on BC.2. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of BC.2.
BC.3 08-01178 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Pablo Acosta Commissioner Angel González
Richard Berkowitz Mayor Manuel Diaz
08-01178 memo 10-16-08.pdf 08-01178 members 10-16-08.pdf
Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0592
Chair Sanchez: We move on to BC.3, Finance Committee. Finance Committee on BC.3.
Commissioner González: I'll reappoint Pablo Acosta.
Chair Sanchez: All right. Pablo Acosta has been proffered by Commissioner González. Vice Chair, I believe you have an appointment on that.
Vice Chair Spence-Jones: I'm deferring.
Chair Sanchez: Deferring. And the Mayor also has. Madam Clerk, has the Mayor proffered any names?
Pamela E. Burns (Assistant City Clerk): The Mayor has proffered to reappoint Richard Berkowitz.
Chair Sanchez: All right. Any waivers on those appointments?
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Ms. Burns: No, sir.
Chair Sanchez: All right.
Commissioner Sarnoff: Second.
Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Sarnoff. Any discussion? Hearing no discussion on BC.3, it's a resolution. Finance Committee. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Those names that have been proffered have been accepted and approved.
BC.4 08-01177 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Commissioner Angel González
Commissioner Angel González
Commissioner Angel González
Commissioner Angel González
Commissioner Angel González
08-01177 memo 11-13-08.pdf
CONTINUED
Commissioner González: I'm going to defer BC.4.
Chair Sanchez: BC.4. BC.4, all of those are from Commissioner Angel González, so he's deferring all of them.
BC.5 08-01176 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Ernesto Santos Chair Joe Sanchez
Robert Behar Chair Joe Sanchez City of Miami Page 60 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
Augusto L. Newell Vice Chair Michelle Spence-Jones
Dean B. Lewis Vice Chair Michelle Spence-Jones
Juan Carlos Jurado Commissioner Tomas Regalado
08-01176 memo 10-16-08.pdf 08-01176 members 10-16-08.pdf 08-01176-Applications.pdf
Motion by Commissioner González, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0593
Chair Sanchez: So we'll skip to BC.5. BC.5, Vice Chair, you have two appointments, and Commissioner Regalado, you have two appointments.
Vice Chair Spence-Jones: Okay. Yes, I'd like to appoint Augustus Newell, and I'd like to appoint Dean Lewis. I guess he's already on there, correct, Madam Clerk?
Pamela E. Burns (Assistant City Clerk): No, he's not. But he did submit a resume.
Chair Sanchez: He did submit.
Vice Chair Spence-Jones: So it's only the -- only people that have submit --
Ms. Burns: And that's fine. Mr. Lewis expressed --
Chair Sanchez: He submitted.
Ms. Burns: -- interest, and he can be considered.
Chair Sanchez: Yes.
Vice Chair Spence-Jones: Okay. I have two appointees, though, right?
Ms. Burns: Yes, you do.
Vice Chair Spence-Jones: And you do have the one for Newell already?
Ms. Burns: No. I -- you have two vacancies, and you just proffered Augusto [sic] --
Vice Chair Spence-Jones: Newell.
Ms. Burns: -- Newell, and then Dean Lewis, and --
Vice Chair Spence-Jones: Right.
Ms. Burns: -- you're fine. You have two appointments.
Chair Sanchez: All right.
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Vice Chair Spence-Jones: Right.
Chair Sanchez: Those are the two names proffered by the Vice Chair. Commissioner Regalado.
Commissioner Regalado: Juan Carlos Jurado and the other one I will defer.
Chair Sanchez: Okay.
Commissioner González: Second.
Chair Sanchez: Hold on, hold on. I have to proffer my -- which, basically, I would reappoint my two appointments that are there, just reappointment on both. Are they [sic] any waivers required for any of these appointments or reappointments?
Ms. Burns: Not for those names that are proffered.
Chair Sanchez: Okay, so there's a motion by Commissioner González. Need a second.
Commissioner Sarnoff: Second.
Chair Sanchez: Second by Commissioner Sarnoff. No further discussion on BC.5. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Those names that have been proffered have been approved and appointed to the Urban Development Review Board.
BC.6 08-01175 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Mayor Manuel Diaz
08-01175 memo 11-13-08.pdf 08-01175 members 11-13-08.pdf 08-01175-Applications Memo.pdf CONTINUED
Chair Sanchez: All right. BC.6, that's the Overtown Advisory Board/Overtown Community Oversight Board. Names?
Pamela E. Burns (Assistant City Clerk): There were two names that are eligible for consideration because the applications were received, and those two names proffered were Lynette González and Lillian Slater. However, we have not received anything from the Mayor.
Chair Sanchez: All right. Is there a motion?
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Commissioner González: Defer, no?
Commissioner Sarnoff: Deferred because --
Ms. Burns: No. There were no names proffered. Those were just the two eligible applicants.
Chair Sanchez: All right. So BC.6 has been deferred.
BC.7 08-01158 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Ana Zambrana Chair Joe Sanchez
Maria Rodriguez Chair Joe Sanchez
08-01158 memo 10-16-08.pdf 08-01158 members 10-16-08.pdf
Motion by Commissioner González, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0594
A motion was made by Commissioner González, seconded by Commissioner Regalado, and was passed unanimously, to appoint Ana Zambrana and Maria Rodriguez as members of the Commission on the Status of Women; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Ana Zambrana as a member of the Commission on the Status of Women.
Chair Sanchez: We move on to BC.7. BC.7 is the Commission on the Status of Women. All right. Vice Chair Spence-Jones, you have two appointments. Commissioner --
Vice Chair Spence-Jones: I'm deferring.
Chair Sanchez: -- Regalado, you have one appointment.
Commissioner Regalado: I will defer that to next meeting.
Chair Sanchez: All right. And the Mayor also has an appointment. Has he proffered any names?
Pamela E. Burns (Assistant City Clerk): We have not received any names proffered for that.
Chair Sanchez: All right. Madam Clerk, I would reappoint both of my appointees.
Commissioner González: I'll move the Chairman's appointment.
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Commissioner Regalado: Second.
Chair Sanchez: All right. There's a motion by Commissioner González, second by Commissioner Regalado. No further discussion. I don't believe they need any waivers.
Ms. Burns: For Ana Zambrana, we need a four-fifths attendance waiver, if you are reappointing Ms. Zambrana.
Chair Sanchez: Okay. Can the maker of the motion include the four-fifth waiver?
Commissioner González: With the waivers.
Chair Sanchez: With the waiver. Second, Marc?
Commissioner Regalado: Second.
Chair Sanchez: Commissioner Sarnoff, you second it.
Commissioner Regalado: I second it.
Chair Sanchez: You second it. Commissioner Regalado --
Commissioner Regalado: With the waiver.
Chair Sanchez: -- second it with the waiver.
Commissioner Regalado: Yeah, with the waiver.
Chair Sanchez: All right. All in favor, say “aye,” with the waiver.
The Commission (Collectively): Aye.
Chair Sanchez: All right. It passes, BC.7, with the waiver.
BC.8 08-01157 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Joe Sanchez
Chair Joe Sanchez
Commissioner Angel González
Commissioner Marc David Sarnoff
Commissioner Tomas Regalado
08-01157 members 10-16-08.pdf 08-01157 memo 11-13-08.pdf 08-01157 members 11-13-08.pdf
City of Miami Page 64 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
CONTINUED
What Chair Sanchez: BC.8, Equal Opportunity Advisory Board. All right. We have -- Commissioner González has an appointment.
Commissioner González: I reappoint Miriam Urra.
Chair Sanchez: Okay.
Pamela E. Burns (Assistant City Clerk): Ms. -- I'm sorry, Commissioner. That, again, remains a vacancy. She is already filling one other seat, so we would need to have someone else appointed.
Chair Sanchez: All right.
Commissioner González: Okay. Then I'll defer the other appointment.
Chair Sanchez: All right, Commissioner Sarnoff, you have one appointment on --
Commissioner Sarnoff: I'll defer.
Chair Sanchez: Defer. Commissioner Regalado, you have one appointment.
Commissioner Regalado: Also, defer.
Chair Sanchez: And I also have appointments. I'll defer too. So there are no appointments proffered here on the Equal Opportunity Advisory Board.
BC.9 08-01156 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Sue Germain Commissioner Tomas Regalado
Bruce Matheson Commission-at-Large
08-01156 memo 10-16-08.pdf 08-01156 members 10-16-08.pdf 08-01156-Nominations.pdf
Motion by Commissioner González, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0595
Chair Sanchez: We move on to BC.9. BC.9 is the Virginia Key Park Trust.
Commissioner Regalado: Mr. Chairman, I have --
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Chair Sanchez: Two names --
Commissioner Regalado: -- a question for the --
Chair Sanchez: -- have been proffered here.
Pamela E. Burns (Assistant City Clerk): The nominations went through a committee -- a nominating committee, and they are recommending Bruce Matheson.
Chair Sanchez: Okay. All right, Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Yes. I have a question, Madam Clerk. As you know, one -- my appointee resigned, and he had already sent a letter to you and to me and to the Trust. So I need to appoint the replacement. That would be -- the person that resigned will be Miguel Germain.
Ms. Burns: I'm not sure if we're aware of his resignation. That's what I'm checking at this time.
Commissioner Regalado: Yeah. Well, I mean, if -- the thing is that they do need the quorum, and -- so I am ready to appoint -- he already resigned. I think that the executive director is here.
Ms. Burns: Our records reflect him as an active member, and we have not yet received an official resignation, so --
Commissioner Regalado: Okay, then --
Ms. Burns: I mean, if you -- is it your desire to replace Mr. Germain?
Commissioner Regalado: Yes. He --
Ms. Burns: Okay.
Commissioner Regalado: -- already resigned.
Ms. Burns: Okay.
Commissioner Regalado: So I will proffer the name of Sue Germain.
Chair Sanchez: But hold on. There's the -- nominated by the Trust, you have Bruce --
Commissioner Regalado: No, no.
Chair Sanchez: So --
Commissioner Regalado: This is --
Vice Chair Spence-Jones: (UNINTELLIGIBLE) his appointment.
Commissioner Regalado: -- different. This is the individual appointment, not -- the Trust nominates other people.
Chair Sanchez: So that's your appointment?
Commissioner Regalado: That's my appointment.
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Chair Sanchez: All right, so you're proffering that name, which is what?
Commissioner Regalado: Sue Germain.
Commissioner González: Second.
Chair Sanchez: All right. How 'bout [sic] the nominated by the Trust? We would also have to vote on him.
Vice Chair Spence-Jones: Second.
Ms. Burns: And that's Bruce Matheson.
Chair Sanchez: Yes.
Vice Chair Spence-Jones: So moved.
Commissioner González: I'll second that too.
Chair Sanchez: So, wait. So far, you have two names that have been proffered. Are any of those names need any type of waivers, Madam Clerk?
Ms. Burns: No, sir.
Chair Sanchez: Okay. So there's a motion by Commissioner González, second by Commissioner Regalado on the appointments to the Virginia Key Beach Park Trust. Okay. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." The two names that have been proffered have been appointed.
BC.10 08-01155 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ZONING BOARD TO SERVE A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Richard Tapia Commissioner Angel González
08-01155 memo 10-16-08.pdf 08-01155 members 10-16-08.pdf 08-01155-Applications.pdf
Motion by Commissioner González, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0596
City of Miami Page 67 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
Commissioner González: I'll appoint Richard Tapia.
Chair Sanchez: Okay. Zoning Board, you have an appointment --
Commissioner Regalado: Second.
Chair Sanchez: -- proffered by Commissioner González, Richard Tapia, second by Commissioner Regalado. Any other names proffered for that?
Pamela E. Burns (Assistant City Clerk): For your information, applicants had to fill out an application and be -- for consideration. Mr. Tapia did complete an application.
Chair Sanchez: Okay. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "aye" -- say "nay." Aye passes. All right. It's been a long day.
BC.11 08-01154 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Marlene Sanchez Chair Joe Sanchez
08-01154 memo 10-16-08.pdf 08-01154 members 10-16-08.pdf 08-01154-Applications.pdf
Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0597
Chair Sanchez: BC.11. BC.11 is the Community Relations Board.
Commissioner González: I'll defer my appointments there.
Chair Sanchez: Okay. I would proffer the name of Marlene Sanchez --
Commissioner Sarnoff: Second.
Chair Sanchez: -- which is a nomination for the seat.
Commissioner Regalado: I would proffer that name in behalf of the Chairman.
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Chair Sanchez: Okay.
Commissioner Sarnoff: Second, I'm sorry.
Chair Sanchez: Second. Okay, there's a motion and a second on those names. Anyone else? If not, Madam Clerk, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and those names have been appointed.
BC.12 08-00906 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE/CATEGORY: NOMINATED BY:
Chair Joe Sanchez (Architect/Architect Historian)
08-00906 memo 11-13-08.pdf 08-00906 members 11-13-08.pdf 08-00906-Applications.pdf CONTINUED
Chair Sanchez: BC.12. BC.12 is the Historic and Environmental Preservation Board. I have an appointment, and at this time, I would respectfully request for a deferral. Does anybody else? I don't think so.
Pamela E. Burns (Assistant City Clerk): Yours was the only appointment.
Chair Sanchez: Okay.
BC.13 08-00868 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Brian A. Barroso Chair Joe Sanchez
08-00868 memo 10-16-08.pdf 08-00868 members 10-16-08.pdf
City of Miami Page 69 Printed on 10/27/2008 City Commission Meeting Minutes October 16, 2008
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
R-08-0598
Chair Sanchez: Then we move on to BC.13, which is the Parks and Recreation Advisory Board. I would proffer the name of Brian Barroso.
Commissioner González: Second.
Chair Sanchez: Need a motion and a second. The motion is made --
Commissioner Regalado: Motion.
Chair Sanchez: -- by --
Vice Chair Spence-Jones: Second.
Chair Sanchez: -- Commissioner González, second by the Vice Chair. Any discussion on the item? Hearing no discussion on BC.13, all in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Brian Barroso has been appointed to the Parks and Recreation Advisory Board.
BC.14 08-00474 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COCONUT GROVE BUSINESS IMPROVEMENT COMMITTEE (BIC) FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Ed Prelaz Commissioner Marc David Sarnoff
Gail Baldwin Commissioner Marc David Sarnoff
Maurice Weiner Commissioner Marc David Sarnoff
Monty Trainer Commissioner Marc David Sarnoff
Sue McConnell Commissioner Marc David Sarnoff
08-00474 memo 10-16-08.pdf 08-00474 members 10-16-08.pdf
Motion by Commissioner Sarnoff, seconded by Commissioner González, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
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R-08-0599
Chair Sanchez: BC.14, Commissioner Sarnoff.
Commissioner Sarnoff: Yeah. I would reappoint Ed Prelaz, Gail Baldwin, Maurice Weiner, Monty Trainer, Sue McConnell, and I would not reappoint David Yoblick, George Cozonis, and Marco Selva.
Commissioner González: Second.
Chair Sanchez: Okay. The names that were proffered by Commissioner Sarnoff for reappointment. There is a second by Commissioner González. Madam Clerk.
Pamela E. Burns (Assistant City Clerk): I have a question. I show one additional appointment.
Commissioner Sarnoff: Right. I'll defer that.
Ms. Burns: Okay. Thank you.
Chair Sanchez: Okay. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
BC.15 08-00317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Chair Joe Sanchez
Vice Chair Michelle Spence-Jones
08-00317 memo 11-13-08.pdf 08-00317 members 11-13-08.pdf CONTINUED
Chair Sanchez: We move on to BC.15, resolution, Community Technology Advisory Board.
Vice Chair Spence-Jones: I'm deferring mine.
Chair Sanchez: Okay. All right, so there are no appointments there.
Pamela E. Burns (Assistant City Clerk): Chair, you have one appointment.
Chair Sanchez: I am going to defer at this time --
Ms. Burns: Okay.
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Chair Sanchez: -- on BC.15. So there are no deferrals [sic] at this time on BC.15, which is the Community Technology Advisory Board.
BC.16 08-00023 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN.
APPOINTEES: NOMINATED BY:
Janet McAliley Civilian Investigative Panel
Timothy C. Moore Civilian Investigative Panel
Bess L. McElroy Civilian Investigative Panel
Joseph Klock, Jr. Civilian Investigative Panel
Herbert Walker III Civilian Investigative Panel
08-00023 memo 10-16-08.pdf 08-00023 members 10-16-08.pdf 08-00023-Nominations.pdf
Motion by Commissioner González, seconded by Vice Chair Spence-Jones, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 5 - Commissioner González, Sarnoff, Sanchez, Regalado and Spence-Jones
Chair Sanchez: We move on to BC.16.
Commissioner González: I'll move to reject the --
Vice Chair Spence-Jones: Second.
Commissioner González: -- nominations.
Chair Sanchez: To reject all nominations?
Commissioner González: All --
Vice Chair Spence-Jones: Yes.
Commissioner González: -- nominations, yes.
Chair Sanchez: All right. There's a motion by Commissioner González to reject all nominations, second by the Vice Chair. Any discussion on this item?
Commissioner Regalado: I think that what Commissioner González trying to do is to restart the process of renomination, and I think that's healthy, although there are some reappointments that were recommended. But I think that this Commission has sent a message to the Panel that they need to mirror -- and I'm sure that they will do that -- the community, so you know --
Commissioner González: If you look at the section of the ordinance, Section 11.5-28, on the
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nomination of members, it says the City Commission shall appoint a CIP (Civilian Investigative Panel) nominating committee to solicit and screen applications, interview candidates and submit nominations to the City Commission for appointment to the initial CIP. All appointments to the CIP should be made with sensitivity to the racial, gender, ethnic, religious, linguistic, and culture and diversity of the City, and that is not been happening in this board.
Vice Chair Spence-Jones: Mr. Chairman, I just want to add. I second this --
Chair Sanchez: All right.
Vice Chair Spence-Jones: -- mo -- I'm sorry.
Chair Sanchez: Vice Chair, you're recognized for the record.
Vice Chair Spence-Jones: For the record. I support -- that's the reason why I second this motion. I do believe that it's important that we do push the importance of diversity, really on all of our boards, so I think that we sent a very loud message during the budget hearing of what we thought was important, and here's an example of it not being adhered to. So I think that this is our way of sending a message to not only this board but the other boards and how important it is for them to have a diverse -- diversity. So that's why I second the motion.
Chair Sanchez: All right. No further discuss --
Commissioner Sarnoff: Let me ask you -- let me ask a question. What occurs during the process of -- do they continue to do business with the board they presently have?
Chair Sanchez: Not if they don't have a board.
Commissioner Sarnoff: Well, that's my question.
Commissioner Regalado: Yeah, they continue to --
Commissioner Sarnoff: I think they do, right?
Commissioner Regalado: -- do business.
Vice Chair Spence-Jones: But do they come back to us with new appointees --
Commissioner Regalado: Yeah.
Vice Chair Spence-Jones: -- Madam Clerk?
Commissioner Regalado: They need to come back with --
Commissioner Sarnoff: Right.
Commissioner Regalado: -- new --
Vice Chair Spence-Jones: Okay, so, Madam Clerk, how do we -- what would be the next step on doing that? Do they have to go through a whole nother process?
Pamela E. Burns (Assistant City Clerk): My understanding is that the slate is -- would be rejected, and they would have to go back out and readvertise and secure new applicants, but that would be discussed by our executive director.
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Vice Chair Spence-Jones: Okay.
Commissioner González: And let me add that I have had conversations with the City Manager, and occasionally, the City Manager go to Hispanics radio stations, and I'm going to start calling people in the media to see if I can get the opportunity to go to the Hispanic media, and you should do the same thing with the Haitian community and the Afro-American community. Go to the stations, the radio stations that they listen to and promote this panel, and encourage people for our communities to participate and to fill applications and to apply to become members of this organization.
Vice Chair Spence-Jones: And, Shirley, we can work along with you to do that.
Shirley Richardson: Yeah.
Vice Chair Spence-Jones: All right. No problem.
Chair Sanchez: All right. But for point of clarification, the CIP continues to operate with the previous members.
Vice Chair Spence-Jones: But we just stated that we just gave her direction --
Chair Sanchez: Okay.
Vice Chair Spence-Jones: -- to -- for it to come back in front of us --
Chair Sanchez: Right.
Vice Chair Spence-Jones: -- and Shirley needs to -- I'm sorry.
Chair Sanchez: I just want to get -- I just want you to understand that.
Commissioner González: Oh, we --
Ms. Richardson: Shirley Richardson, executive director --
Commissioner González: -- understand that.
Vice Chair Spence-Jones: And I will make --
Ms. Richardson: -- of Civilian Investigative Panel.
Vice Chair Spence-Jones: -- myself available --
Ms. Richardson: Yes, ma'am.
Vice Chair Spence-Jones: We have African --
Ms. Richardson: So noted.
Vice Chair Spence-Jones: -- Amer -- we do have African Americans on --
Chair Sanchez: All right.
Vice Chair Spence-Jones: -- the board. We do not have --
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Chair Sanchez: Okay.
Vice Chair Spence-Jones: -- any Haitian Americans on the board, so I would like to at least extend my time to come and at least hit a Haitian radio station to make sure that that outreach happens.
Ms. Richardson: Yes, ma'am. And I will work with Commissioner González --
Chair Sanchez: All right.
Ms. Richardson: -- and the other Commissioners as well.
Chair Sanchez: Thank you so much.
Ms. Richardson: Thank you.
Chair Sanchez: All right. So the -- we would have to vote on that, and basically, we're not accepting the --
Ms. Burns: We have a --
Chair Sanchez: -- to reject --
Ms. Burns: -- motion and a second, but we do not have a vote in order to deny the resolution.
Chair Sanchez: All right, so there's a motion and a second to deny the resolution with the names that have been proffered. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
BC.17 08-01159 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR A TERM AS DESIGNATED HEREIN.
APPOINTEE: NOMINATED BY:
Jose Castro Commissioner Tomas Regalado
08-01159 memo 10-16-08.pdf 08-01159 members 10-16-08.pdf
Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence-Jones
R-08-0600
Chair Sanchez: All right. Then we go to BC.16. Commissioner --
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Vice Chair Spence-Jones: We just did 16.
Pamela E. Burns (Assistant City Clerk): BC.17.
Chair Sanchez: I'm sorry, BC.17. BC.17, Commissioner González, you have --
Commissioner González: I'll defer --
Chair Sanchez: -- an appointment.
Commissioner González: -- my appointment.
Chair Sanchez: Commissioner Regalado, you have --
Commissioner Regalado: Yes.
Chair Sanchez: -- an appointment.
Commissioner Regalado: Jose Castro.
Chair Sanchez: Okay, and I would defer mine, so the only name that has been --
Commissioner Sarnoff: Second.
Chair Sanchez: -- proffered is Jose Castro. And there's a motion by Commissioner Regalado, second by Commissioner Sarnoff. No discussion on BC.17, Nuisance Abatement Board, resolution. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries.
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DISCUSSION ITEMS
DI.1 08-01138 DISCUSSION ITEM Department of DISCUSSION REGARDING THE QUARTERLY UPDATE OF Finance NON-REIMBURSABLE GRANT EXPENDITURES. 08-01138 Summary Form.pdf
DISCUSSED
Chair Sanchez: All right. We did the discussion items on the --
Pedro G. Hernandez (City Manager): Mr. Chair, we have one missing discussion item, DI.1.
Chair Sanchez: All right. Let's take that one up.
Diana Gomez: Diana Gomez, Finance director. In an effort to maintain compliance with the financial integrity principles, it's presenting the quarterly update of nonreimbursable grant expenditures for the fourth quarter of 2008 -- fiscal 2008, which ends September 30, 2008. There was one report of a nonreimbursable grant expenditure from the Department of Capital Improvements in the amount of $1,120.06. This was for travel reimbursements that were not reimbursed by the grantor. We have discussed it with the department, and they will find other funds to cover the shortage, and they will -- going forward, they will make sure to transfer -- if there's travel required on the project, they will transfer the funds from another funding source.
Chair Sanchez: Okay. That is a discussion item. Are there any questions pertaining to this? Hearing no questions on the discussion item, DI.1, thank you so much.
DI.2 08-01202 DISCUSSION ITEM Department of DISCUSSION OF MANAGEMENT LETTER AND SINGLE AUDIT REPORT Finance FOR FISCAL YEAR ENDED SEPTEMBER 30, 2007 FROM EXTERNAL AUDITORS. 08-01202 Summary Form.pdf
DISCUSSED
Direction by Commissioner Sarnoff to the Administration to report back to the City Commission in 60 days regarding the receipt of the FEMA (Federal Emergency Management Agency) reimbursement.
Chair Sanchez: We go to PH, public hearing. Anyone -- yes, sir. Larry, what do you want to do? Listen, we -- if we could work through this agenda, there's no reason why we can't leave here quick. It's a very simple agenda. As a matter of fact, one of the items that really was going to take most of the time has been pulled, so if we all work together on this, we could probably get out of here maybe by 1:30 and not have to come back.
Mr. Spring: Okay. Commissioner, Larry Spring, chief financial officer. I believe we talked to your office about possibly having the discussion item from the CPAs (Certified Public Accountants) presenting the management letter so they wouldn't be here the entire after -- or -- but I just --
Chair Sanchez: Okay.
Mr. Spring: -- wanted to request that.
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Chair Sanchez: Let's go to point of privilege, get them up and -- so we can get them out of here. Are we ready to proceed?
Diana Gomez: Diana Gomez, Finance director. Commissioners, this item is in accordance with the Financial Integrity Ordinance, which recommends that the City present the external auditors' findings and recommendations of the external audit. I have here McGladrey and Pullen -- Donnovan Maginley from McGladrey and Pullen, our external auditors, who will give that presentation and answer any questions you may have.
Donnovan Maginley: Thank you. Good morning.
Chair Sanchez: All right, sir. Good morning. State your name and address for the record.
Mr. Maginley: Sure. Commissioners, good morning. Donovan Maginley with McGladrey and Pullen, at 201 Coral Way, in Coral Gables. We have completed the audit for the City of Miami for the September 30, 2007 year-end. Our audit reflected an unqualified opinion, which is basically a clean opinion. It's the highest level of assurance that any external auditors can provide to the City. During the course of the audit, we had no disagreements with management. We had no major difficulties in the process of the audit. We had full access to all records and personnel during the audit process. And in your packet that we had issued, it presents all the adjustments that were noted during the audit process. Also included is the management letter and single audit that we did also issue. It presents and reflects all the findings that we noted during the audit process. As a consequence of the audit, we did note what we consider to be significant deficiencies and material weaknesses, and just for the record, I just want to briefly outline what that means. A material weakness or a significant deficiency is a condition in the internal control that could somehow inhibit people in the normal course of doing their work not to detect or not to prevent a material misstatement in the financial statements. Basically, if you looked at the findings that we noted, you know, you can basically categorize these or classify these in three major sections. One is the fact that the City had a new accounting software that was implemented. The level of training of personnel related to those -- to this software and the applications, and third and not final, but third -- the third item, I would say, would be the grants managements process. I'm not going to go through details in each point, but at this point what I'll do is turn it over to you to see if you have any specific questions that you may want to -- us to indulge in or expand on.
Chair Sanchez: All right.
Commissioner Regalado: On the grants --
Chair Sanchez: Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: -- management --
Mr. Maginley: Yes.
Commissioner Regalado: -- it's several millions that were due to the City by FEMA (Federal Emergency Management Agency).
Mr. Maginley: Correct. There was -- for the two hurricanes that happened, I think, in 2005, Wilma and Katrina, there were still outstanding expenditures that were incurred by the City that has not yet been refunded by FEMA.
Commissioner Regalado: And what was the fundamental problem?
Mr. Maginley: I think part of it -- the basic premise was the inability to basically coordinate all
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the supporting documentation needed to submit to the grantor to get reimbursement, and I think the City has at least expressed to us that they're in the process of trying to formulate all the documents and all the information -- adequate information that's needed and required by the grantor before they reimburse the City.
Commissioner Regalado: Do we -- do you think that we need to consolidate the document search for grants in order to get paid? Because we're talking of maybe two years, two years and a half --
Mr. Maginley: Yeah.
Commissioner Regalado: -- of not getting paid.
Mr. Maginley: Yeah. I guess it's (UNINTELLIGIBLE) noted that the grants process in the City of Miami is decentralized. It's a very big organization. It's something that the Commission and the City Manager may want to consider in terms of how it wants to, I guess, streamline that process to make it more efficient, more timely.
Commissioner Regalado: So you found that if we had or maybe we have still the inability to get that money back, we may have missed some possible grants?
Mr. Maginley: You put yourself at risk, let's put it that way. You could put yourself at risk. The City has had a history in terms of -- in respect with the timeline that they still haven't had the opportunity of getting the monies back, but you do put yourself at risk in the event that you don't do this timely, that you're exposed to not getting the reimbursement that you're due.
Commissioner Regalado: Okay.
Chair Sanchez: Any further questions on this?
Commissioner González: No, I don't have a question, but I have a comment following Commissioner Regalado's question. I believe that we contracted a company that we paid to -- I don't know how many millions of dollars -- precisely coordinate the pickups, coordinate the paperwork, make sure that everything was marked, you know; and now, two years later, we find out that we haven't collected the money. I would like to know who dropped the ball because, otherwise, you know, we have been spending money on this famous company that was going to get all the documents and all the paperwork in place, everything was going to be set so we could get the money back from Washington, and now -- you know, now -- well, you know, the papers are not ready, they forgot to do this, they forgot to do that.
Mr. Spring: Larry Spring, chief financial officer. Commissioner, at this point those items have been submitted for reimbursement, and we are expecting to receive --
Commissioner González: Yeah, yeah.
Mr. Spring: -- our monies --
Commissioner González: But --
Mr. Spring: -- in the next 45 to 60 days.
Commissioner González: Yeah. You're responding to an audit and you're correcting the findings of an audit, which is fine.
Mr. Spring: Okay.
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Commissioner González: That's what audits are for, to find anything that has not been done correctly. But it has taken two or two and a half years to get the paperwork ready when we hire a company to do the legwork to make sure that we were able to collect the money right away, and we haven't been able to collect the money because the paperwork hasn't been ready until now. I mean, what -- you know, what is the problem?
Commissioner Regalado: What he's saying is that when Wilma, we all went after the pickup, and you will see the trucks picking up --
Mr. Spring: The monitors.
Commissioner Regalado: -- and then you will see a City supervisor, and then another car supervising the supervisor.
Commissioner González: Exactly.
Commissioner Regalado: And these people, we were told, were the ones that knew exactly the size of the stump, the quality of the yard debris that FEMA will require, and that's what he's saying. What he's saying is that we paid for nothing because, at the end of the day, we didn't get the service that they were supposed to do, or we lost the paperwork, either one.
Vice Chair Spence-Jones: Mr. Chairman, can I just ask what department --? Because we're speaking about a particular department, and I think I see a department head that wants to respond to the process. Maybe he can just clear up what the confusion was.
Mario Soldevilla: Commissioner, Mario Soldevilla, director of Solid Waste. What happened with the contractors that picked up the debris, we also had a monitoring company. That monitoring company ascertained that what was being picked up was eligible debris to be reimbursed by FEMA. Initially, when we -- when the event occurred, we submitted to FEMA what are called PWs, which are the sheets that describe the extent of the event and what we anticipate that is going to be the cost to be reimbursed. This is a big project. Big projects, normally you can draw down on when you are -- when you request it. What is left now is that besides the federal government, the State also has to reimburse the City because they have -- we have a lot of federal highways and state highways within our community. The portion that is missing is that portion. We have submitted the information to the State. The State needs to make a determination as to how much of that they're going to pay, how much was eligible for payment. The difference between what they pay and what FEMA would pay will come at the end when they do a closeout with FEMA. At that point in time, whatever the State didn't pay, then it becomes eligible for FEMA to pay, and they will reimburse the City at that time. Yes, it's taken a long time, but this -- that's the process. I mean, Andrew took ten years, okay.
Commissioner González: And when you say what we have left is the State part, how much are we talking about in dollars?
Mr. Soldevilla: Well, initially, when we did our estimate, it was around $7 million total for both Katrina and Wilma. After doing all of the work that is necessary, the submission for, I think, Katrina was around $2 million. The end result of our final submission to the State was about half a million dollars, a little bit more. So that difference between the -- that $2.5 million that was originally submitted and what we finally submitted to the State, that 2 million, will then come to the federal government for FEMA to reimburse the City at the final closeout when that's done. That can take another year or two.
Commissioner González: All right. Let me make it easier. The total amount of claims from the City to FEMA and to the State were $7 million, or was it more?
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Mr. Soldevilla: Oh, no. The total amount was much more. It was like around $30 million.
Commissioner González: Thirty million dollars.
Mr. Soldevilla: Now that with -- we've already received --
Commissioner González: How much have we collected from those $30 million?
Ms. Gomez: Diana Gomez, Finance director. The numbers that I have are -- as of a few months ago, there was still $9.5 million not collected, of which about $7 million is what we've been just discussing.
Commissioner González: So FEMA owes $9 million and the State $7 million, so we're talking 16 million out of 23?
Ms. Gomez: No, no.
Mr. Soldevilla: No, no.
Ms. Gomez: No, no, no. Nine point five is the total that's still --
Commissioner González: Pardon me?
Ms. Gomez: Nine point five million dollars is what was outstanding as of a few months ago. Of the 9.5, 7 million was this amount that had to go to the State, so it's not nine plus seven. It's just the nine in total.
Commissioner González: Just nine total?
Ms. Gomez: Yeah, that had not been collected yet.
Commissioner Sarnoff: So is the right way to say this, in fiscal year 2006 the City recorded a receivable of 16.5 million for reimbursable hurricane-related expenditures, which I surmise is Hurricane Wilma and Katrina?
Chair Sanchez: Yes.
Commissioner Sarnoff: As of 2008 April, 9.5 million had not been collected/reimbursed from the grantor, and 7.3 million of the 9.5 million of expenditures had not been properly submitted to the grantor for reimbursement (over 24 months since the expenditures were incurred). So isn't what Commissioner González saying and everyone on this dais -- and I was led to believe this was actually a software problem. Was I incorrect in that understanding that --? I thought it was the Oracle system was the problem.
Ms. Gomez: No, no.
Commissioner Sarnoff: No?
Ms. Gomez: No.
Commissioner Sarnoff: So now -- then I understand what Commissioner González is saying a whole lot more. What in our DNA (Deoxyribonucleic Acid), what in our chemical makeup calls us to not get the proper reimbursement within a 24-month period? And then my next question would be when we do get this money, does it reimburse us back to the '06 or '05 budget or does
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that come back into the '09/'010 [sic] budget?
Mr. Spring: The reimbursement comes back into the general fund because you -- we utilize our reserve cash flow purposes to make those expenditures, so we are collecting our cash back. That's what happened with the funds. With regards to the --
Commissioner Sarnoff: Stop right there.
Mr. Spring: Okay.
Commissioner Sarnoff: I was led to believe, as I think most of the Commissioners were, that we had a $100 million cash fund reserve --
Mr. Spring: Yes.
Commissioner Sarnoff: -- when we voted for this budget.
Mr. Spring: Fund balance.
Commissioner Sarnoff: I'm not holding you to --
Mr. Spring: Fund balance.
Commissioner Sarnoff: Excuse me?
Mr. Spring: Fund balance.
Commissioner Sarnoff: Fund -- hey, I like how you -- fund balance. Now, did you mean to say a moment ago that you went into the fund balance because you knew this was a good receivable and that what you'll do is put it back into the fund balance?
Mr. Spring: That's correct.
Commissioner Sarnoff: Is it fair then to say when the City gets its $9.5 million, we will then have $109.5 million in our fund balance?
Mr. Spring: No.
Commissioner Sarnoff: Then I am so lost that I cannot explain your math because -- then the other way of explaining it to me is that your intention is to keep a $100 million fund balance. I think it's every Commissioner's intention up here as well. But does that then mean that once you get reimbursed, once you get your ducks in a row, once you get it right, once you figure out, you know, Mr. Smith hasn't been submitting his proper reimbursements because they're in his desk drawer and he just never got around to doing it, whatever it is that you found wrong, when this 9.5 million comes back to the City of Miami, we will then have an additional 9.5 million than what we thought we had when we voted for this budget.
Mr. Spring: Fund balance does have receivables in it, one of which was this one, so you're not going to have --
Commissioner Sarnoff: I got you -- So you actually counted on getting it --
Mr. Spring: Yes, absolutely.
Commissioner Sarnoff: -- for? Understood. Now I understand.
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Commissioner González: So actually, this --
Commissioner Sarnoff: Really need it.
Commissioner González: -- time, right now, we don't have a hundred million.
Ms. Gomez: We have a fund balance.
Commissioner González: We have 91 million.
Ms. Gomez: We don't have cash.
Mr. Spring: We don't have cash.
Commissioner González: Because receivables --
Mr. Spring: Well, your --
Commissioner González: -- is money that you're waiting to collect.
Mr. Spring: Correct.
Commissioner González: Right?
Mr. Spring: You're absolutely correct.
Commissioner González: So if your receivable is part of the hundred million, we don't have a hundred million in reserves.
Mr. Spring: We have --
Commissioner González: We have 91 million.
Mr. Spring: Well, we have a fund balance of $100 million.
Commissioner González: Cash.
Ms. Gomez: No.
Mr. Spring: No.
Ms. Gomez: Fund balance.
Commissioner González: If we have an emergency tomorrow, we have $100 million?
Mr. Spring: We have more than $100 million in cash.
Commissioner González: No, no. Reserve.
Mr. Spring: Yes, we do.
Commissioner González: Reserve.
Mr. Spring: No. In the reserve, the fund balance number includes the receivables, one of which
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is this FEMA receivable. When you asked the question about cash, we -- the City has much more than $100 million in cash. So I guess the two to me are mutually exclusive from each other.
Commissioner Sarnoff: But I think your point, Commissioner, is that -- you're right. This hundred million that we conceptually keep in our head includes not -- and I happen to think like Commissioner González because I always think we have $100 million, maybe not in cash and hopefully not in stocks, but in commodities or in value of $100 million. But what you're --
Commissioner González: When I say cash, I mean value.
Commissioner Sarnoff: No. I got you, I got you. I think you're saying something that can be converted, if need be, to $100 million in cash. But what you're saying, Larry, is that you actually will allow a receivable to be concluded in the fund balance?
Mr. Spring: A receivable of this nature. This is one that we feel is better than, I guess, 90 percent collectible, so this is not --
Commissioner Sarnoff: Well, let me ask you the inevitable question. When do you think you'll have -- I think I heard you say you have now solved the problem, you've now put the paperwork in front of the grantor --
Mr. Spring: Correct.
Commissioner Sarnoff: -- and you're waiting for the grantor to pay you, whether it's the State --
Mr. Spring: Right.
Commissioner Sarnoff: -- or whether it's the Feds.
Mr. Spring: For this particular item, yes.
Commissioner Sarnoff: Okay. And what do you think or when do you think they would pay?
Mr. Spring: In the next 45 to 60 days.
Commissioner Sarnoff: Okay. Could you report back to this --
Mr. Spring: Absolutely.
Commissioner Sarnoff: -- in 60 days so we know?
Mr. Spring: Absolutely.
Commissioner Sarnoff: Because I'm a little bit like Commissioner González. I have this concept in my mind, and I always like to know that concept is $100 million 'cause I don't think anybody here wants to be responsible for anything less than $100 million.
Mr. Spring: Absolutely.
Commissioner Sarnoff: I think everybody wants to know that that's there.
Commissioner González: Out of the $100 million, how much is in receivables, other than this $9 million?
Ms. Gomez: I'm sorry; can you repeat the question?
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Commissioner González: Out of the $100 million in fund balance, how much is in receivables?
Ms. Gomez: I don't have the number right in front of me exactly. I can come back and tell you the number. I believe it's somewhere -- hold on one second. About $30 million, but some --
Commissioner González: Thirty million dollars in receivables?
Ms. Gomez: Yes, about $30 million in receivables.
Commissioner Sarnoff: To make it to the fund balance, Larry, do you put it in that 90 percent chance of recovery category?
Mr. Spring: Those are due from governments, I believe --
Ms. Gomez: Yes.
Mr. Spring: -- receivables.
Ms. Gomez: If it has a reserve on it, meaning if we do not believe that it's collectible, we reserve for it and we do not -- it will not be part -- it'll be netted against the reserve.
Commissioner Sarnoff: Well --
Commissioner González: Right.
Commissioner Sarnoff: -- the criteria for you recording a receivable in the fund balance -- let me just see if I got your criteria, Larry -- it comes from a governmental entity and you're above 90 percent sure you'll get it?
Ms. Gomez: That's correct.
Mr. Spring: That is correct, sir. I'm sorry.
Commissioner Sarnoff: Yeah. I just -- I -- that nod wasn't a direct nod. It was like an almost nod. I think every Commissioner here wants to know -- I mean, I'm be honest with you, I just learned today that $30 million of our fund balance is a receivable. I actually didn't know that before. So I'm not uncomfortable, but comforted when you said, Larry, it's a 90 percent chance or above and that it's coming from a governmental entity.
Mr. Spring: Yes. And we'll -- if you want, we'll show you this document so you'll see the categories.
Commissioner Sarnoff: No. I don't need to see it. I need to hear it.
Mr. Spring: Actually, you already have it, but --
Commissioner Sarnoff: Right. It's right in front of me, right?
Chair Sanchez: Any further discussion on the item?
Commissioner Regalado: Mr. Chairman, one --
Chair Sanchez: Yes, sir. Commissioner Regalado.
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Commissioner Regalado: Thank you. Going back to Wilma and Katrina, you know, we need to learn from the past mistakes. This is what everyone does. I heard Mario mention that Andrew took ten years. Well, I used to cover the City of Miami, and as a joke, they used to call Andrew “San Andrew” because it saved the City. FEMA saved the City. I mean, whatever money we got for the Marine Stadium, they took it for the general fund. And whatever money we got from the - - to shoreline here in Monty's and all that, they took it for the general fund. But my issue here is that recently we gave the Manager authority to select companies, as an emergency, to pick up debris, just in case. And of course, the Manager is under pressure by five members of the Commission and the Mayor to clean the area SAIP [sic], as soon as possible. Now, the question is if we were to be affected by a hurricane -- maybe we get away this season, but maybe next season -- and if we rush into cleaning the City, which is the goal and the pride of this government, what are we going to do with the paperwork in order to have those expenses reimbursed? Because going back to Commissioner González, we spend hundreds of thousands of dollars in monitors following every truck and every piece of tree throughout the City, and it didn't work that well; so what is to guarantee that we will be able to say, okay, we did clean the City, but we have the records for their reimbursement because, you know, FEMA is not going to change the rules? They're going to keep the same rules, and you know, it -- you have to have six by eight inches and three by four. So what guarantee do we have?
Pedro G. Hernandez (City Manager): Commissioner, right now we have three firms under contract to do clearing and removal of debris, and we also have two companies under contract to do the monitoring necessary of the debris removal work; and these are companies that were selected based on their experience in dealing with FEMA events or disaster events and are familiar with following the FEMA procedure and filling out the proper paperwork.
Commissioner Regalado: Is this the company that did the Wilma and Katrina monitor?
Mr. Hernandez: No, it's not. The one that help us during Wilma was HDR (Henningson, Durham and Richardson). The companies that we have now are Solid Resources and Beck.
Commissioner Regalado: So HDR also did it to us on the Katrina and Wilma, not only on the project, but also on the --?
Mr. Hernandez: And I think, Commissioner, at that time -- and I'm not sure; maybe staff can help me on this -- that the City did not have a contract with one of the normal monitoring firms, but HDR had a contract with the City, and HDR was used as an extended task to do that work. So there was no selection process at that time to select a company to do the monitoring. The City ended up using HDR, who already had a contract with the City.
Commissioner Regalado: Thank you, Mr. Chairman.
Chair Sanchez: Any further discussion? All right. Larry, I think the responsibility of each Commissioner here is to safeguard the taxpayers' dollars on this, and we should take this very seriously here. Looking at the management letter -- and I want to thank you and your staff for meeting with me and answering some of the concerns that I had pertaining to the letter presented to us. There are seven items here that show material weaknesses in this letter, and I know that it follows with a recommendation to correct the deficiencies on each and every one of them. Now, the number-one question -- I think some of the questions as to the reimbursements of grants had been answered -- is do we have the tools in place to assure compliance?
Mr. Spring: I -- the answer to the -- the simple answer is yes. If you recall, this Commission, in this last budget, approved additional resources to the finance group to be able to, a, support the system that's now -- the financial modules that are in place to deal with some of these -- I think the backlog that we had in reconciliations. And remember, this is as of September 30, 2007, so some of these procedural changes we've already started to implement. The biggest issue -- you
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know, again, in that area, the resources, and this Commission has responded to that. Additionally, I think we've -- again, we put in -- the procedures in place. When we went through -- we're going through our end-of-year closing process right now. These directors will tell you that the Finance director has sent out numerous memorandums and procedural instructions about how we should be closing. I think you -- probably have each personally been affected by the fact that we had to close off the purchase order at a certain time and make sure everything got in place so that we can make sure that we have a clean closing. 'Cause, again, like one -- the first two of those items were an issue of we closed the books, but then there's more stuff still coming in after that date. So we're -- we've got a good handle on those things. And you know, in my briefings with you all, I've been very open and honest to say that while we're addressing these things, as we continue to finish the implementation of the financial Oracle system, additional (UNINTELLIGIBLE) those things will be finally put to bed. They will -- you know, tomorrow are they put to bed -- all put to bed tomorrow? No. But we're, over the next year, 18 months, getting them all addressed, completed; and our goal as a finance group is to make sure we have no findings or the findings are in the other category, which is minor. You're always going to have a small mistake here or there that, if they see it, you know, they have to cite it and report it, but it is of a minor nature.
Chair Sanchez: On the items and description of the items, there's the first one, which is the post closing and financial report process. You know, if you can't close documents, it's hard for you to get the books straight.
Mr. Spring: Correct.
Chair Sanchez: And I'm not even going to touch on the Oracle, which I know that it's -- for us it's growing pains as we adapt to a new system that I think, in the long run, is going to provide more accountability for the City. But during these steps, the first one, I'm a bit concerned when you read that the lack of adequate closing policies and procedures, and those are five big departments in the City. You're looking at Police, Fire, GSA (General Services Administration), Parks, and Solid Waste, if I'm not mistaken. Those are the departments that, through grants, through financial statements and the process, these documents need to be closed.
Mr. Spring: Right.
Chair Sanchez: Okay.
Mr. Spring: And I'm -- not to pick on those departments, but those are our --
Chair Sanchez: I'm not picking on any department but those are -- listen --
Mr. Spring: -- big -- they're our big departments.
Chair Sanchez: Larry, I spent most of the night going through this, okay? I'm not picking on any department.
Mr. Spring: Okay.
Chair Sanchez: Okay? The responsibility here falls on the City Manager at the end of the day. He is the supervisor who supervise the entire city. The concern that I have is that when we have deadlines, whether it's pertaining a federal grant, whether it's pertaining any type of documents, you know, these documents need to be closed. I can tell you this much, in the private sector, if you work for the private sector in a law firm and you don't close a document, you may not have a job, okay? So our financial responsibility and the burden, it falls on us, because when -- you know, when you discuss this and it's discussed here and debated in a very healthy manner, no matter what it looks like, as a City is out of whack, they don't know what they're doing; but you
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look at the audit, it's not a bad audit.
Mr. Spring: No, not at all.
Chair Sanchez: Any time you manage a big city like this, you're going to have things that you're going to have to provide recommendations for deficiency to correct, so that is one. Now, let's just get it very straight here. The $9.5 million, which was the question that every Commissioner has asked here, has been applied and we're waiting to receive that money; so the City has applied for the federal government and the State, and of course, they'll take their time, but at least the process had been in place for us to get reimbursed.
Mr. Spring: Correct.
Chair Sanchez: Let's get that straight.
Mr. Spring: Correct.
Chair Sanchez: All right. We move on to the next item, which is of great concern to me, and that's the grant management. This City, as well as any other city, depends on a lot of these grants that we get, okay? And those grants come to us with restrictions, lots of restrictions. People need to realize and when we get money from the federal government or the state or any other entity, they come with restrictions that you have to use those money [sic] for a specific account. I'll give you an example, the cops. You could only use it with restrictions; you can't use it for anybody else. Hiring cops. You can't hire public works, you can't hire firefighters; got to be cops, okay? If we don't have the proper system in place to assure that these grants are completed in time, then we jeopardize future application of grants, which is a big concern to us because we depend on a lot of grants. So once again, it all boils down to do we have the adequate tools to make sure that we are in compliance of all these inefficiencies that have been clearly identified in this management letter? So I -- you know.
Mr. Spring: I'm going to say the answer to that is yes. I'm going to let Diana elaborate because she's already started some of these procedures, so --
Diana Gomez: Diana Gomez, Finance director. A point that you made, Commissioner, to say that the closing procedures, we do have -- the Finance Department does have adequate closing policies and procedures, and we do communicate those policies and procedures to all user departments every year, several months before the year close. Coordination is usually very difficult with a big city and getting all the documents on time has proven very difficult. We have been working towards making sure that departments understand what it is that they need to get to us and the timelines, and we're holding them to it, and -- instead of -- but that part of it is very difficult, but we do have those policies in place. You know, we have, you know, several memos that go out starting in July, I think, or June, to start that process. So it's just a matter of coordination, and we are trying -- we are working on that and betting better. As Larry mentioned, with the additional positions, you know, we will have better coordination, liaisons with the departments, to be able to get those info -- that information to the Finance Department on a more timely basis. As far as the grants, grants are decentralized in the City. Each department is responsible for their own grants, and they have their own project managers; and so that decentralization is what makes it a little difficult when it comes time for year-end reporting to get that information into one document in order to have everything ready for the auditors. That, again, with coordination is the part that's lacking, but again, with the additional positions, I'm hoping to create those liaisons with the department to help get us there. So we are working towards all those corrections and making those going forward. As Larry did mention, it will take time. It's not something that happens overnight.
Chair Sanchez: I under -- and the management letter clearly states that Oracle, which my
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understanding is, it went live October --
Ms. Gomez: Yes.
Chair Sanchez: -- 1, 2006.
Ms. Gomez: Right, which was 9/30/07, so it was the first year that the City actually did close its books on the system. It was a brand-new system. We didn't really have a lot of knowledge of how the system worked and how it was actually -- we had training and everything and it was implemented, but we really didn't know, until you actually do it, what's going to happen; so that did take us some time to, you know, make sure that we got those policies and procedures in check. I'm sorry.
Mr. Spring: One thing I want to note, Commissioner, about the system implementation which you brought up. A lot of organizations aren't able to do what we did. We closed in the first year. There are organizations -- governments that have not been able to close their books for two years after an implementation, so from that perspective, this has been a success. Pains, it took a long time; we got citings. We need more -- we need to grow more with it, but from that perspective, I'm very satisfied.
Chair Sanchez: Well, I think the concerns that have been proffered here by the legislative body is that we don't want to jeopardize future grants because we don't, you know, follow the guidelines that they come with; so we got to make sure that that's -- when we put that system in place, that all of those things are followed. This is just a discussion item. Are there any other questions at this --? I think it's important. Commissioner Sarnoff stated that you, please, provide us with the $9.5 million as to where we're at and as soon as it comes in because that's very important for us to follow. Now, you know, next year, we should be better off than what we are today with Oracle. We spend a lot of money on Oracle.
Mr. Spring: Yes.
Chair Sanchez: All right. And compared to other cities -- I compare to the County, which is apples and oranges, but they -- they're system is -- they don't even have a system. They got an old system since 1950-something. It's '53 or something, so it's -- I don't know how they manage that. But it's innovative ways and it's growing pains that I think, at the end of the day, we're going to have better accountability.
Ms. Gomez: Absolutely.
Chair Sanchez: So any other questions pertaining --?
Commissioner Regalado: Just --
Chair Sanchez: Commissioner Regalado.
Commissioner Regalado: You know, I had three or four business -- small business people that were calling our office, and their complaint was that they pay they [sic] license; they send the check; they had the check sometimes several month, and the check wasn't cashed. And then they have this problem with the task force of the police that would come to the place and say, “You don't have a license.” “Yeah, I do.” “You don't have a license.” One, it took like three or four month for the City to cash the check. The other one, the check was cashed like in two months, but didn't get the license and only was able to show the cashed check, which the police didn't want to believe. So what would they do?
Mr. Spring: I mean, the simple answer is they need to come -- I mean, if you want to give me the
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names of those businesses and we can do some research to find out. Right now I couldn't tell you exactly what happened --
Commissioner Regalado: No, but --
Mr. Spring: -- in those situations.
Commissioner Regalado: -- if three came to us, there might be more, and that is my point.
Mr. Spring: Right.
Commissioner Regalado: I mean, be -- three cannot be the only ones because --
Mr. Spring: We --
Commissioner Regalado: -- they're separate, you know?
Mr. Spring: Let me take -- we need to take a look at those three right --
Commissioner Regalado: No, no. But it's not about the three. It's about the process.
Mr. Spring: We cash our checks within, I guess, 24 hours of receiving them, so --
Commissioner Regalado: And the license is sent back how long?
Ms. Gomez: Once the check is actually paid -- you know, when the bill is actually paid, the license is sent out within one week of the time that we actually cash the check, so I'm not --
Commissioner Regalado: Okay.
Ms. Gomez: It could be that that check happened to get lost or -- I don't know, but if we get them in our office to the correct address, within a week of cashing the check, once we make sure that the check has cleared, we do send out the license and --
Commissioner Regalado: Okay.
Chair Sanchez: All right. No further question on the discussion. Thank you so much.
Mr. Spring: Thank you.
Ms. Gomez: Thank you.
Chair Sanchez: Thank you, sir.
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PART B
PZ.1 08-01015da RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A DEVELOPMENT AGREEMENT, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, BETWEEN MIAMI WORLDCENTER GROUP, LLC, AFFILIATED PARTIES, AND THE CITY OF MIAMI, RELATING TO THE PROPOSED DEVELOPMENT OF A PROJECT KNOWN AS "THE MIAMI WORLDCENTER" ON APPROXIMATELY ± 25 ACRES, ZONED SD-16.3, "MIAMI WORLDCENTER SPECIAL DISTRICT," LOCATED BETWEEN NORTHEAST 6TH STREET AND NORTHEAST 11TH STREET AND BETWEEN NORTH MIAMI AVENUE AND NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FOR THE PURPOSE OF REDEVELOPMENT OF SUCH LAND FOR MIXED USES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 08-01015da Miami-Dade County Letter to Miami City Manager.pdf 08-01015da CC Legislation (Version 2) - OLD.pdf 08-01015da Miami World Center Development Agreement 9-16-08 - OLD.pdf 08-01015da CC Legislation (Version 3).pdf 08-01015da Development Agreement.pdf 08-01015da CC 10-23-08 Fact Sheet.pdf
LOCATION: Between NE 6th Street and NE 11th Street and Between N Miami Avenue and NE 2nd Avenue [Commissioner Marc David Sarnoff - District 2]
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami
FINDING(S): PLANNING DEPARTMENT: Recommend approval.
PURPOSE: This will allow a development agreement for the proposed Miami Worldcenter.
DEFERRED
Note for the Record: Item PZ.1 was deferred to the City Commission meeting currently scheduled for October 23, 2008.
Chair Sanchez: Mr. City --
Mr. Hernandez: Mr. Chairman, just for clarification on PZ.1, which I said that would go to the agenda of October 23, that's an item that has been properly advertised to go on the October 23 agenda, so we did a separate advertisement to properly hear the item on the 23rd.
Chair Sanchez: And that's why I brought forth that if we -- to defer anything from this meeting to the 23rd, it does not give us proper time to properly advertise the item to come in front of this legislative body. So having you stated that it's -- you have already properly advertised it for the 23rd, then I don't see a problem with it.
Joel Maxwell: Thank you.
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Chair Sanchez: Okay. So glad that we were able --
Mr. Hernandez: Thank you.
Chair Sanchez: -- to clear that up.
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MAYOR AND COMMISSIONER'S ITEMS CITYWIDE
HONORABLE MAYOR MANUEL A. DIAZ
DISTRICT 1
COMMISSIONER ANGEL GONZÁLEZ
DISTRICT 2
COMMISSIONER MARC DAVID SARNOFF
D2.1 08-01066 DISCUSSION ITEM BASED ON A RECENT LEGAL OPINION FROM THE LEGAL DEPARTMENT, AND WITH THE APPROVAL OF THE CITY MANAGER, DISCUSSION ABOUT TAKING IMMEDIATE STEPS TO TERMINATE A 2006 "AGREEMENT" WITH STAUBACH-NORTHEAST. (STAUBACH-NORTHEAST IS A REAL ESTATE BROKER WHICH IS ALLEGEDLY UNLICENSED IN THE STATE OF FLORIDA. FURTHER, THE ORIGINAL 2006 CONTRACT WAS FOR ONE YEAR WITH LANGUAGE ALLOWING THE CITY MANAGER TO TERMINATE). DISCUSSION ABOUT IF THIS SERVICE IS REQUIRED AND WHAT ADDED VALUE STAUBACH WOULD PROVIDE TO THE CITIZENS OF MIAMI FOR ITS SERVICES. THE PROSPECTIVE PURCHASERS ARE A KNOWN COMMODITY AND AT LEAST TWO PROSPECTIVE PURCHASERS HAVE EXPRESSED INTEREST.
08-01066 E-Mail.pdf
DISCUSSED
Direction by Commissioner Sarnoff to the City Attorney to provide the City Commission with a report detailing the services provided by the Staubach firm and the total amount billed to date.
Chair Sanchez: All right. Madam Clerk, does that take care of the remaining items on the agenda? Anything that we left out? If not, we could go -- move on. I know PZ.1 was deferred or continued.
Pamela E. Burns (Assistant City Clerk): Well, we --
Chair Sanchez: We could move on to the --
Ms. Burns: Mr. Chair, we have D2.1 and D2.2.
Chair Sanchez: Well, those are the Commission blue pages. We'll get to those, including pockets.
Ms. Burns: That's all.
Chair Sanchez: Is that all? All right. Let's move to those items. Commissioner Sarnoff will be back.
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Commissioner Regalado: I have a pocket item.
Chair Sanchez: Hold on, hold on. We'll get to pocket items. All right. The only -- Commissioner Sarnoff, you ready for your blue pages?
Commissioner Sarnoff: Yes.
Chair Sanchez: All right. Commissioner Sarnoff, you're recognized on D2.1, which is a -- yeah, discussion item on --
Commissioner Sarnoff: Mr. Manager, this is regarding the James L. Knight Center complex. This was a contract for services rendered to a Staubach company, and this essentially was a two-part contract. One was to do an analysis where they were to determine the value of the air rights and the parking pedestal commonly known as what I like to call the CenTrust building, but I guess other people now call it -- is it the Bank America now? Bank America? Probably something next week after that, as soon as another bank takes that over. But the point of this conversation, Mr. Manager, is the second part of their fee, where they will receive 1.5 percent of the contract as a brokerage fee to find a person to purchase this property. Now, the contract has remained dormant for some time, and it seems to me -- and on behalf of the citizens of Miami -- that to pay an approximate 11 -- $1.1 million brokerage fee is -- I don't want to say the word unconscionable, but certainly unnecessary, if you think of the value of the services that they're adding. There are probably only two or three likely bidders, so it's sort of like putting a fishing pole in a bucket with three fish, and you're paying somebody $1.1 million for use of your fishing line. This is -- this makes very little sense, in my humble opinion, based on my private sector experience, to allow the citizens of Miami to pay somebody that type of brokerage fee. Now it may very well be that our time has passed and our ability to sell this property because of the situation with the economy, and you know, there certainly is not a lot of lending out there. But to leave this contract in place with that type of commitment or that type of brokerage fee out there for the Staubach company I think is wrong, and you know, we certainly had the City Attorney look into this, and she rendered an opinion, and you know, I could say that the Staubach company does not have a brokerage license under the State of Florida. They do not. So when they entered into this agreement, it was certainly violative of the agreement because under Florida Statute 47.01-3, you can't contract for services unless you are a licensed real estate broker. Now, the contract provides, Mr. Manager, that you, I guess, in your unfettered discretion, could assign this contract to another company to allow them to have a theoretical license agreement under Florida statute, but what I'm saying to you on behalf of the citizens is I think this is wrong. If only there -- there are only going to be three likely bidders. I could name the bidders; so could you. Blue Capital, who happens to own the building above it, also known as the air rights; Greg Mermelli; and maybe one other. And it seems to me that you would be able to, with the City Attorney, or if she needed to retain somebody to effectuate the contractual language for this transaction, that's something that would cost the citizens of Miami certainly less than $100,000, and in this day and age when government should be looking for every possible dollar they can find so that they don't have to tax their citizens, it just seems like, number one, our time may very well have passed to sell this property. Number two, we should not be paying somebody a million one -- $1.1 million for a brokerage fee, and especially somebody from out of town because this is not even a Miami resident; this is not even a State of Florida resident. And whether you intend on allowing this to be assigned or transferred to a company that we're presently doing business with, you know, that's certainly your discretion to do so because the contract provides for that. I can tell you if I was sitting on this Commission and I was reviewing that contract right now, I wouldn't give you that discretion because it makes no sense to cast a fishing line amongst three fishes and say look what I caught.
Pedro G. Hernandez (City Manager): Commissioner, obviously, the fact that the economy slowed down has a direct impact on this item, and today is not as urgent as it was a few months
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ago. We have to meet internally and restrategize in which way do we want to proceed with this, whether it's just a question of waiting 60, 90 days, or maybe more, in order to move forward. I still think it's a -- that the strategy that we started with in selling that asset is still a good idea when you look at the overall plan that we had. Staubach, as you said, does not have the brokerage license. The company that acquired them does have it. I have spoken to that company, and they are willing to renegotiate and open the -- their fee service, I think recognizing the fact that what Staubach had there was very high, or at least high. But even before we -- I was to consider them as an option, I think that we have to look at the situation that we have today before proceeding forward. I agree that the number of bidders is -- or potential buyers is limited. We were considering also going through an auction-like process like the one that was done for the Miami Arena. So I know the opinion of my CFO (Chief Financial Officer) and actually the Attorney's office was that Staubach had or was bringing value to the table; however, the situation has sort of changed, and we have to reassess it, and when we do that, I'll be informing each one of you.
Chair Sanchez: Let -- Mr. Manager, I think the situation that we're in, we could capitalize on this situation. Let me just proffer something to you. This is the same company now. Staubach and LaSalle are the same company.
Mr. Hernandez: Right.
Chair Sanchez: Okay. They merged or one bought the other. They're one.
Mr. Hernandez: I believe that Jones --
Chair Sanchez: This puts --
Mr. Hernandez: -- Lang LaSalle acquired --
Chair Sanchez: -- you --
Mr. Hernandez: -- Staubach.
Chair Sanchez: -- in a situation where you can negotiate and lower a commission.
Mr. Hernandez: That's a -- one of the options to be explored, yes.
Chair Sanchez: All right. I mean, you can sit down with them. You've got two company [sic]. I do agree that if one didn't -- wasn't a broker, couldn't broker the deal, but now you can sit down and negotiate this and lower the commission.
Mr. Hernandez: That's one of the options that I did explore. I'm scheduled to talk to Jones Lang LaSalle, who now owns Staubach, and see what is their willingness and what's their ideas as to how we should be handling this because, in essence, it should be in a much simpler approach than what was originally thought of.
Chair Sanchez: All right.
Mr. Hernandez: So I'll be meeting with them. I'll be also considering other options. We have a bit more time. It's not as urgent as before. And prior to taking any action, I would inform every one of you.
Commissioner Sarnoff: You know, let me just stress to you, Mr. City Manager, 'cause, you know, my office certainly took the time to read this contract and try to find savings for the citizens of Miami, I think you should look and think very long and hard about the people you know that are
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likely to build -- to buy this property. Exclude them from a brokerage fee. I mean, if -- every person in the City of Miami would like to cast a net out at three potential buyers and receive a million dollars. Exclude those three potential buyers. If they bring somebody to the table that was never considered before, from Ohio, from, you know, New York, from Michigan -- and I just mean -- yeah, you're right, Larry, overseas, absolutely right. They bring somebody that we never contemplated to the table, they deserve a brokerage fee. But to allow them to fish amongst three fishes, anybody would love in the City of Miami to have that contractual right, and what a right that is, a right to $1.1 million right now? No. No way. That's too generous. That's -- there's no real value added. Any time anybody contracts their services, whether it's me, Commissioner González, Julie Bru, you ask yourself, what is the value you bring to the table, and you get compensated based on the value you provide. When you're fishing amongst three fishes, you're not adding value. Now, you bring ten other fishes from overseas, I'll admit to you, you brought new value to the table; they come in with a price of, you know, 50, 55 million, 60, 65 million, I'd be dead wrong. I'd be completely wrong and would be doing a disservice to the citizens of Miami. But if we're going to fish amongst three fishes, you don't need to pay a $1.1 million brokerage fee.
Mr. Hernandez: Commissioner, you are correct, and I think that I had discussed with Larry, who's right here next to me, increasing the minimum number of firms potentially to five, for example. That would be one way of balancing that, bringing more to the table. And that's something that I, you know, plan to discuss with them, at least, you know, explore what they're willing to do.
Commissioner Regalado: But don't we have already outside counsel working on --?
Mr. Hernandez: I believe so, sir.
Julie O. Bru (City Attorney): Yes, Commissioner.
Mr. Hernandez: Yes, we do.
Ms. Bru: Point of clarification, Commissioner Sarnoff. We do have -- this Commission had previously authorized -- because this is a very sophisticated real estate transaction -- you had authorized the engagement of outside counsel. Tom Korge is presently working with our office. So to the extent that there's any, you know, additional legal services required, we've already taken care of that.
Commissioner Sarnoff: Could you give me a report on the services that Mr. Korge has provided and the amount that his bills have been to date?
Ms. Bru: I can tell you what to date has been, approximately $41,000, and I will let you know in detail. I can even just give you copies of his billables to see what it is that he's been doing.
Commissioner Sarnoff: And over what period of time would that be?
Ms. Bru: This started, I think, in the summer or early in the summer is when you -- actually, I can tell you exactly when he was retained. Hold on a second.
Commissioner Sarnoff: You're telling me from June or July of '08, he's incurred $41,000 of legal fees in just looking at this scenario?
Ms. Bru: June. June 13 is when he was authorized.
Commissioner Sarnoff: Could you send me his legal bills so I can take a look at them?
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Ms. Bru: Sure. We sure will. He been working closely with Olga Ramirez-Seijas on this.
Commissioner Sarnoff: And what is it that we're working on?
Ms. Bru: There was -- back in June, the idea was that the solicitation documents were going to be out in the fall, and we were working on drafting solicitation documents. It did not come back to you in the fall because of the change in the circumstances, but we had a target date of issuing the bids in October, I believe.
Commissioner Sarnoff: Well, I got to tell you, Mr. Manager, even more reason not to pay somebody a $1.1 million brokerage fee because apparently we have a lawyer who is more than capable of drafting all the agreements. I understand your point that if you bring -- if you find somebody completely separate, apart, and they're about to spend or pay a great deal more money -- and let's define a great deal -- above what the bond presently is, then they may be entitled to some sort of a brokerage fee. But you know, the one thing this City has to take into consideration is the economy and the fact that people are looking for work. And now's the time to be -- you know, government is in a position that few private sectors are, and we should take advantage of our buying power, so to speak, and not be so free to give away significant sums of money that maybe people weren't looking so closely at a year or two or three ago. That's my point.
Mr. Hernandez: The idea was that to find the most beneficial position for the City, and if a real estate firm, like a Staubach, could help us in increasing the sale price, then their fee would be, let's say, justified. But I agree with you, and I talked to them, and we're going to explore potential modifications, not just to the number of firms, but to the potential fee.
Commissioner Sarnoff: Thank you, Mr. --
D2.2 08-01199 DISCUSSION ITEM DISCUSSION TO UPDATE THE COMMISSION ON THE STATUS OF THE BISCAYNE BOULEVARD FARMERS' GREEN MARKET LOCATED AT 65TH STREET AND BISCAYNE BOULEVARD. THE MARKET IS IN THE MIMO HISTORIC DISTRICT. AFTER A SUMMER BREAK THE MARKET IS SET TO REOPEN ON OCTOBER 25TH, 2008 AND RUN TO JANUARY 31ST, 2009. THE MARKET WILL OPEN FROM 8:00 A.M. TO 6:00 P.M. ON SATURDAYS. ITS OPERATION HAS BEEN VERY WELL RECEIVED BY RESIDENTS. A BUSINESS AGREEMENT IS CURRENTLY BEING DISCUSSED WITH THE APPLICABLE CITY DEPARTMENTS. 08-01199 Email.pdf
DISCUSSED
Chair Sanchez: All right. Moving on. Next item.
Commissioner Sarnoff: The next item --
Chair Sanchez: Commissioner Sarnoff, you're recognized on the farmers' market.
Commissioner Sarnoff: The next item, Mr. Chair, is the green -- the farmers' market, green market located on 65th Street and Biscayne Boulevard. This is the market that's in the MiMo (Miami Modern) historic district. The -- after the summer break, the market is set to reopen October 25, 2008, and to run from January 31, 2009. We intend on opening it from 8 a.m. to 6 p.m. on Saturdays. For those of you that weren't there at the very first run of this, it was a great run. I know Commissioner Sanchez was out there. I think Commissioner Regalado may have come out there as well. It's our intention to bring an ordinance to do this on a more permanent
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basis, but I want to make sure that the City is doing everything it needs to do to allow this run to continue, Mr. Manager.
Pedro G. Hernandez (City Manager): Commissioner, we're very supportive of that effort, and working through the departments, we'll do our share in making it a success.
Commissioner Sarnoff: Okay. You want to say anything, Mr. Pascual?
Unidentified Speaker: No, sir.
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DISTRICT 3
CHAIR JOE SANCHEZ
DISTRICT 4
COMMISSIONER TOMAS REGALADO
DISTRICT 5
VICE CHAIR MICHELLE SPENCE-JONES
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NON-AGENDA ITEMS
NA.1 08-01100a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RESCINDING RESOLUTION NO. 08-0542, ADOPTED SEPTEMBER 25, 2008, IN ITS ENTIRETY AND REPLACING IT WITH THIS RESOLUTION; AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH HYATT EQUITIES, LLC ("HYATT"), TO PROVIDE AUTHORIZATION FOR HYATT TO PROCEED WITH THE ENGINEERING AND DESIGN ("PHASE I") OF THE REPLACEMENT OF THREE CENTRIFUGAL CHILLS, A COOLING TOWER AND ASSOCIATED EQUIPMENT AT THE MIAMI CONVENTION CENTER LOCATED AT 400 SOUTHEAST 2 AVENUE, MIAMI, FLORIDA; SAID AGREEMENT FURTHER PROVIDES THAT IN THE EVENT THE CITY OF MIAMI ("CITY") AND HYATT DO NOT EXECUTE AN AMENDMENT TO THE HYATT LEASE OR RESTATE THE HYATT LEASE TO EXPAND THE HYATT LEASE AREA TO INCLUDE THE AREAS CURRENTLY UTILIZED BY THE CITY AND THE UNIVERSITY OF MIAMI, ON OR BEFORE JUNE 30, 2009, THE COST OF PHASE I SHALL BE SPLIT BETWEEN THE CITY AND HYATT, EACH PAYING FIFTY PERCENT (50%) OF THE COST, PROVIDED THAT THE CITY'S CONTRIBUTION FOR REIMBURSEMENT WILL NOT EXCEED $100,000; ALLOCATING FUNDS FROM THE 2009 RENTAL REVENUES TO BE PAID BY HYATT TO THE CITY; WITH TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID LETTER AGREEMENT. 08-01100a-Summary Form.pdf 08-01100a-Attachment.pdf
Motion by Commissioner González, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence-Jones
R-08-0601
Chair Sanchez: All right. Okay. Pocket items. Any pocket items?
Pedro G. Hernandez (City Manager): Mr. Chairman, we do have one, Lori Billberry, and it deals with an item that was approved by the City Commission back in September 25, the last Commission agenda. And in essence, it's just a modification of that resolution that Lori can briefly explain.
Laura Billberry (Director): Lori Billberry, Public Facilities. As the Manager mentioned, back in September, the Commission authorized the Manager to enter into a letter agreement with the Hyatt whereby if we would enter into a restatement of their lease, a management agreement, or an amendment of their lease to provide for the expansion of their lease area, that then they would not -- we would not be required to reimburse them 50 percent of the design cost associated with the chiller replacement. Hyatt subsequently indicated that they could not accept full financial responsibility for this work under the terms of a management agreement because it does not provide the same bundle of rights as a lease does, including an ability to obtain financing. So therefore, this item is basically the same item that was before you at the last meeting, other than we have deleted reference to a management agreement.
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Chair Sanchez: All right. Is there a motion?
Commissioner González: I'll move it.
Chair Sanchez: All right. Is there a second?
Commissioner Regalado: I'll second for discussion.
Chair Sanchez: Discussion. You're recognized for discussion.
Commissioner Regalado: So basic -- Lori, what is the fundamental change of what was approved and what we're doing now? Sharing the cost?
Ms. Billberry: Typically, we are required to pay 50 percent of all these costs associated with this capital improvement. The Hyatt, as part of some preliminary discussions, negotiations that we have had with them, indicated they were willing to take on those costs if we would enter into a new lease or a restatement, I should say, of their existing lease or an amendment to their lease by June 30 of next year, to be effective January 1, 2010. If we did that, they would take on the full financial responsibility for this work, and we would not have to pay our 50 percent share. We had asked at the last meeting that we also include a provision that if we entered into a management agreement with the Hyatt, that we would also not be liable for that 50 percent share, but the Hyatt subsequently indicated that they could not accept that because it doesn't provide the same bundle of rights as a lease and including the ability to obtain financing.
Commissioner Regalado: But the lease is at least for 40 more years; right?
Ms. Billberry: Their existing lease is until 2070.
Commissioner Regalado: Right.
Ms. Billberry: We have had discussions with them based on the whole Staubach study about potentially --
Commissioner Regalado: Who did that lease?
Ms. Billberry: -- about expanding their areas to include the Knight Center portions and the areas currently occupied by the UM (University of Miami), so that way we could turn the facility into a conference center.
Commissioner González: I wonder who was the broker that worked out that deal.
Commissioner Regalado: Make $4 million.
Commissioner González: A hundred doll --
Commissioner Regalado: A 70-year lease.
Commissioner González: -- a hundred-year lease.
Chair Sanchez: I can tell you, it's a horrible deal. We're still paying for it till this day. All right.
Commissioner Sarnoff: But why are we doing this as a pocket item? I mean, I don't -- I must be the only one who's going to profess ignorance. I don't remember this at the last Commission meeting, and I think this is incredibly irresponsible of the Manager to bring this up as a pocket item because I just don't have a recollection of what we talked about at the last Commission
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meeting or if this was briefed -- 'cause I don't have a recollection of being briefed on this -- and yet, you're asking this Commission to consider 70 years left on a lease, a modification?
Mr. Hernandez: No, no, no.
Ms. Billberry: No, no, no.
Mr. Hernandez: No, no --
Ms. Billberry: No.
Mr. Hernandez: -- no, no. The only thing that this deals with -- the item that was approved at the last Commission meeting --
Commissioner Sarnoff: Right.
Mr. Hernandez: -- it had to do with needed repairs to the chillers at the Hyatt. The air --
Commissioner Sarnoff: Okay.
Mr. Hernandez: -- conditioning is having problems, and we wanted to authorize them to proceed with the repairs.
Commissioner Sarnoff: Okay.
Mr. Hernandez: If it ends up that we end up negotiating an amendment to their lease, if that happens --
Commissioner Sarnoff: Right.
Mr. Hernandez: -- they assume the full cost of the repairs.
Commissioner Sarnoff: But I thought that would only --
Mr. Hernandez: If --
Commissioner Sarnoff: -- if I heard correctly, appeared right now that they won't accept that; we wanted to have a management agreement with them.
Mr. Hernandez: If we do an amendment to the lease, they become responsible for the full cost. If we don't, we pay half, not to exceed 100,000. But in the original resolution that was approved, it also said that another vehicle besides an amendment to the lease was a management agreement. Now, a management agreement does not have the same bundle of rights as an amendment to the lease, so they were not in -- they were saying that they could not pay 100 percent of it if it happens to be a management agreement.
Commissioner Sarnoff: So I'm up here to make a decision based on -- I know I want to save the citizens money, so I don't want to fix a chiller plant. I get that part. But I don't know what I'm amending to the lease as I sit here.
Ms. Billberry: We are not amending the lease itself. This is strictly a letter agreement that if we don't have this letter agreement, basically then the City has to be the party to move forward with the design phase and the replacement of the chiller equipment.
Commissioner Sarnoff: So the terms and conditions I should be considering on behalf of District
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2 is in this letter agreement right here?
Ms. Billberry: Yes.
Commissioner Sarnoff: Can I just have five minutes to read it?
Mr. Hernandez: Sure.
Chair Sanchez: Let me ask you something. This is something that I have been briefed in the past. Commissioner González, have you been briefed on this on [sic] the past?
Commissioner Sarnoff: What's that?
Chair Sanchez: Were you briefed on this in the past?
Commissioner Sarnoff: I was not briefed on this.
Commissioner González: On the repair?
Chair Sanchez: Commissioner Regalado? On the --
Commissioner Sarnoff: I have no recolle -- well, this is a pocket item. I don't know about --
Commissioner González: On this? No.
Commissioner Sarnoff: -- you all, but I was not -- I wasn't briefed on a pocket item.
Commissioner González: On this, I just got it. I --
Commissioner Sarnoff: Right.
Chair Sanchez: No, the pocket item.
Commissioner Sarnoff: And I think it's kind of irresponsible to bring this up as a pocket item. Now, I assume there's some sort of an emergent basis if it's a pocket item.
Ms. Billberry: The reason that --
Mr. Hernandez: To be able to proceed with the repair of the chillers.
Commissioner Sarnoff: Right. So I'm assuming this cannot wait till the next Commission meeting?
Chair Sanchez: Well --
Mr. Hernandez: That's --
Chair Sanchez: -- what is the will of the Commission? Come on. You want to defer the item, you want to move on with it, or what?
Commissioner Sarnoff: Well, I don't know about you all, but it's a two-page agreement that I have not read, and they told me the terms and conditions are in this letter agreement. Now, two things can happen. You can give me the five minutes to read it or we can bring this up at the next Commission meeting, again as a pocket item, but at least I'd be a briefed Commissioner at the pocket item. And I'm not -- I -- you --
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Mr. Hernandez: No. And when I briefed with you, Commissioner, I wasn't aware of that item. It came up later, so I do apologize --
Commissioner Sarnoff: Oh, I don't --
Mr. Hernandez: -- you know.
Commissioner Sarnoff: I'm not -- and if it's an emergency, I'm more than glad to spend the five minutes reading it.
Mr. Hernandez: And the reason that I placed -- that I brought it up is because, in my opinion, it was very simple. It doesn't deal with the lease itself. It deals with this letter agreement where normally we would have to pay half of the repairs of the air conditioning. The only thing that this is saying is that if we end up in a year from now doing the amendment to the lease, they assume our 50 percent. That's all.
Commissioner Sarnoff: And my only point in -- I usually read what you give me. You know, I usually -- I actually do read the agreements we enter into because sometimes even though you say they say what they say, in my opinion, it doesn't say what you think it says. And you know, have you read this letter in total, Pete?
Mr. Hernandez: Yes, I have.
Commissioner Sarnoff: Okay, and you're telling me on the record then --
Mr. Hernandez: Because this is the one, sir, that was part of the item two, three weeks ago, and the only change that we have is that they do not want to include management agreement where they become responsible for 100 percent because --
Commissioner Sarnoff: Let me ask you this. And let me ask my fellow Commissioners. Is there any problem if we vote on this as a pocket item -- I know there's an advertising issue -- but at least somebody watching this on TV (Television) or -- is aware of the fact that there's going to be a letter agreement. Is there any problem with bringing this up at the next Commission meeting?
Ms. Billberry: Are we referring to the 23rd?
Chair Sanchez: Then you would have --
Commissioner Sarnoff: Yeah.
Chair Sanchez: -- to bring it back as a pocket item.
Commissioner Sarnoff: Pocket item, not a problem.
Chair Sanchez: You don't have -- well, why don't you take the five minutes to read --
Mr. Hernandez: Is that okay?
Chair Sanchez: -- and then you could --
Commissioner Sarnoff: Okay.
Chair Sanchez: -- decide whether you want to support it or not, all right? He's going to take the time to read it.
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[Later...]
Chair Sanchez: So are we ready to vote on the pocket item?
Commissioner Sarnoff: Yes.
Chair Sanchez: All right. Are you --? There was a motion and a second. The motion was made by Commissioner González, second for the purpose of discussion by Commissioner Regalado. It has been discussed. You want to continue to discuss it, or you're prepared to vote?
Commissioner Sarnoff: No. I'm prepared to vote.
Chair Sanchez: All right. So it is a pocket item proffered and presented by the Administration. All in favor, say “aye.”
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say “nay.” Madam Clerk, 5/0. I believe that concludes the City Commission.
Commissioner González: Motion to adjourn.
Commissioner Sarnoff: Second.
Pamela E. Burns (Assistant City Clerk): Excuse me. We show 4/0, with Vice Chair not on the dais.
Chair Sanchez: Okay. I do apologize. All right. Motion to adjourn is always acceptable. All in favor, say “aye.”
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right? Thank you very much. Ladies and gentlemen, that concludes the City of Miami Commission meeting. Thank you.
NA.2 08-01209 RESOLUTION District 4- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner WAIVER OF THE FACILITY RENTAL FEE, IN THE AMOUNT OF $267.50, Tomas Regalado FOR THE USE OF THE MIAMI ROWING CLUB, ON SATURDAY, OCTOBER 18, 2008, FOR THE OPERATION PEDRO PAN GROUP, INC. EVENT. 08-01209-Legislation.pdf
Motion by Commissioner Regalado, seconded by Commissioner González, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner González, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence-Jones
R-08-0587
Chair Sanchez: Let's go into -- Commissioner Regalado, you have a pocket item?
Commissioner Regalado: Yes.
Chair Sanchez: All right. We'll recognize your pocket item. Any other pocket items?
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Commissioner González? Vice Chair? No? Okay. So Commissioner Regalado, you're recognized for the record.
Commissioner Regalado: Thank you. We already clear this with the Administration. It's a resolution authorizing the waiver of the rental fee of the Miami Rowing Club for Saturday, this coming Saturday, October 18, for the Operation Pedro Pan Group. The Administration has given us the amount of $267.50. The Operation Pedro Pan Group will pay for the insurance, for the cleanup, and for the City employees. The only thing we are waiving here is actually the rental fee of the place.
Commissioner González: Second.
Commissioner Regalado: So move.
Chair Sanchez: All right. There's a motion and a second. No further discussion on the item. It's a pocket item. All in favor, say "aye."
The Commission (Collectively): Aye.
Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, 4/0, with the absence of the Vice Chair. A motion was made by Commissioner González, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence-Jones absent, to adjourn today's meeting.
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