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HomeMy WebLinkAboutCC 2009-06-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, June 11, 2009 9:00 AM REGULAR City Hall Commission Chambers City Commission Manuel A. Diaz, Mayor Joe Sanchez, Chair Michelle Spence -Jones, Vice -Chair Angel Gonzalez, Commissioner District One Marc David Sarnoff, Commissioner District Two Tomas Regalado, Commissioner District Four Pedro G. Hernandez, City Manager Julie 0 Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 11, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 11 th day of June 2009, 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: 36 a.m., recessed at 12: 27 p.m., reconvened at 2: 38 p.m., and adjourned at 3: 55 p.m. Note for the Record: Vice Chair Spence -Jones entered the Commission chambers at 9: 37 a.m. and Commissioner Gonzalez entered the Commission chambers at 9: 42 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. The City ofMiami Commission meeting is being called to order. I want to take this opportunity to welcome each and every one of you to our historical City Hall. The order of the day is the agenda that has been properly advertised and in front of us. We're going to go ahead and start with the invocation, followed by the pledge of allegiance. I'll go ahead and do the invocation, and I'll have Commissioner Sarnoff do the pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: Also, I have a letter of the Mayor. There are no mayoral vetoes that have been presented to the Chair and also to the City Clerk. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: Let's go ahead and approve some of the minutes that need to be approved. Need a motion to approve the regular -- Vice Chair Spence -Jones: So move. Chair Sanchez: -- Commission meeting on May 14, 209 [sic]. Motion has been proffered by the Vice Chair -- Commissioner Sarnoff. Second. Chair Sanchez: -- second by Commissioner Sarnoff. Any discussion on the item? Hearing none, all in favor, say "aye." City ofMiami Page 3 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 ORDER OF THE DAY The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That takes care of that. END OF APPROVING MINUTES Chair Sanchez: All right, before we go into the presentation and the proclamations, Madam Attorney, could you read the procedures to be followed here at the Commission meeting for all those that'll be -- those that are attending and those that will be coming up to address this Commission? Julie O. Bru (City Attorney): Thank you, Mr. Chairman. Good morning, members of the Commission, Madam Clerk, Mr. Manager, and the public. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and on-line at wwwmiamigov. com [sic]. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in the Commission chambers. Please silence them now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting, please notify the City Clerk for assistance. And the lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, and the meeting will end either at the conclusion of deliberation of the agenda item being considered at 10 p.m. or at the conclusion of the regularly scheduled agenda, whichever occurs first. Chair Sanchez: Once again, for the record, this is the City Commission meeting ofPune 11, 2009. The members that are present at the Commission at this time are Commissioner -- Vice Chair Spence -Jones, Commissioner Tomas Regalado, Commissioner Angel Gonzalez, who is here, Commissioner Marc Sarnoff, and myself, Joe Sanchez, as your Chair. Also on the dais, we have the City Manager, Pete Hernandez; the City Attorney, Julie O. Bru; and our City Clerk, Priscilla A. Thompson. Also, I want to state that we hopefully will be out of here before 10 tonight, hopefully. Our agenda is a very light agenda. Well, I just wanted to state that we'll be out of here early today, hopefully. At this time, Mr. City Manager, is there -- are there any items that you want to withdraw from the agenda or continue? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. There are three items thatl will ask for your support in deferring or continuing. The first one would be FR.2, to be deferred to the June 25 agenda; and the next two are RE.7 and FR.1, to be continued to the July 9 meeting. Chair Sanchez: All right, let's -- Also, for the record, there are no presentations or proclamations today, for the record. [Later...] Chair Sanchez: We'll move on. Before -- just -- point of privilege -- well, want to take some items that we need to get people out of here that will be heard from 10 to 11. One is the agreement between Ada Merritt School and the City ofMiami. We'll go ahead and get you out of here hopefully between 10 and 11. Also we want to get the audit report out of here because we have the auditor that's here. Want to get him out of here also as quickly as possible. The City Manager has stated the items that will be -- that have been deferred. City ofMiami Page 4 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 CA.1 09-00552 RESOLUTION Department of Public Works CONSENT AGENDA A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING SOUTHWEST 18TH AVENUE FROM SOUTHWEST 6TH STREET TO SOUTHWEST 9TH STREET, MIAMI, FLORIDA, AS "DR. MARIO M. PEREZ AVENUE;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00552 Legislation.pdf 09-00552 Summary Form.pdf 09-00552 Bio.pdf 09-00552 Map.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0274 CA.2 09-00553 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDSCAPE, IRRIGATION AND LANDSCAPE LIGHTING MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR MAINTENANCE TO BE PERFORMED BY THE CITY OF MIAMI LOCATED ON BISCAYNE BOULEVARD FROM NORTHEAST 15TH STREET TO NORTHEAST 35TH TERRACE, MIAMI, FLORIDA; DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO FDOT. 09-00553 Legislation.pdf 09-00553 Exhibit.pdf 09-00553 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0275 CA.3 09-00554 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF PUMPS, DRIVES AND MOTORS: PURCHASE OF NEW AND REBUILT UNITS AND PARTS, AND REPAIR AND MAINTENANCE SERVICES, FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 6819-5/17, EFFECTIVE THROUGH APRIL 30, 2013, WITH THE OPTION TO RENEW FOR AN ADDITIONAL FIVE (5) YEARS, 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, City of Miami Page 5 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00554 Legislation.pdf 09-00554 Summary Form.pdf 09-00554 Contract Award Sheet.pdf 09-00554 Preliminary Bid Tabulation.pdf 09-00554 Brand Names.pdf 09-00554 Invitation to Bid.pdf 09-00554 Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0276 Adopted the Consent Agenda Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Chair Sanchez: We move on to the consent agenda. Any items from the consent agenda any of the Commissioners want to pull for discussion? If not, let's go ahead and have a motion to approve the consent agenda. Commissioner Sarnoff. So move. Vice Chair Spence -Jones: So move. Commissioner Gonzalez: Second. Commissioner Sarnoff. Second. Commissioner Regalado: Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Sarnoff. Hearing no discussion on the consent agenda, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PERSONAL APPEARANCE PA.1 09-00632 DISCUSSION ITEM FRED FROST, PRESIDENT OF THE SOUTH FLORIDA AFL-CIO, TO SPEAK ABOUT THE EMPLOYEE FREE CHOICE ACT. 09-00632 E-Mail.pdf SPONSOR: City of Miami Page 6 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 CHAIRMAN SANCHEZ DISCUSSED Chair Sanchez: Let's go ahead and take up item number one, which is the personal appearance. Personal appearance is going to be speaking on that. That's you. Fred Frost: Thank you, Mr. Chairman and members of the City Commission. My name is Fred Frost. I'm president of the South Florida AFL-CIO (American Federation of Labor/Congress of Industrial Organizations). IfI could just ask everybody that's a union member or wants to be a union member, please stand up. Damn, that's impressive. I just wanted to give you a quick overview of probably the -- Chair Sanchez: You realize that when you leave, we're going to have an empty City Hall? Mr. Frost: I wanted to give you -- Mr. Chairman, first of all, thank you so much for the ability to speak to you about probably the most important piece of legislation in the history of working people in this country. It's called the Employee Free Choice Act. Andl want to give you an update of a few things that are going on in this town that you need to be aware of but most importantly, I came here to say thank you. Let me say that again, thank you. Thank you, the City Commission; thank you, Mayor Diaz for stepping up to the plate for working people. I hold in my hand a proclamation that you issued May 24, 2007 supporting the Employee Free Choice Act. I don't know if you all know the ramifications of this. This set the stage for Miami -Dade County to do the same thing; a few months later, City ofMiami Beach, and then North Bay Village. In South Florida we got more local support than anywhere in the country, besides New York and Pennsylvania. I think that says volumes of who you are because you are starting to set the example for fighting on behalf of working people. There's a lot of things that you've been doing lately. Applause. Chair Sanchez: You know the rules, Fred. Mr. Frost: We know the rule, no clapping, but these people are saying thank you probably better than I can. You set the stage with labor peace agreements. You set the stage, which you're going to talk today about, healthcare reform. These are quality life issues which the labor movement has done for a long period of time. That's who we are. That's who we stand for, and we thank you for standing shoulder -to -shoulder with you. What has the South Florida AFL-CIO been doing over the last few weeks about this Employee Free Choice Act? We've been hitting the streets. We sent 15,000 letters to Senator Nelson to say continue to support the Employee Free Choice Act; and 15,000 letters to Senator Nelson urging him to encourage him to support it, as well as our South Florida A -- South Florida Congressional Delegation. We would love if you all would sign, as a body, the Mayor and the City Commission, to send a letter to those folks urging them to support it. We would greatly appreciate it. But let me also tell you that all's not rosy. I probably have a reputation of protesting. Well, be honest with you, working people have to protest because of the lives that we lead. We're the most productive people in the world. We can barely make ends meet. We built this country. We're the backbone of it today. Andl want to thank you, Commissioner Gonzalez, because you're the one who started this whole thing rolling back in 2007. But what really want you to know is in the last few weeks, we've been stepping up to the plate against Bank of America, who, only three days after they got TARP (Troubled Asset Relief Program) money, our taxpayer money, took $20 million and fronted it to other groups to defeat the Employee Free Choice Act. They joined Home Depot andMcDonald's doing the same thing because they don't want people to be uplifted. They don't want them to have good jobs, healthcare and pensions. They don't want that. They want to keep people depressed. I want -- I'm going to ask a few people to speak today, andl know we only got 15 minutes, but you need to hear personal testimonials. I'm going to ask Andy Madtes to speak about an organizing drive he had in South Florida, just to tell you the ramifications; and then City ofMiami Page 7 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 I'm going to ask Pam, from Wal-Mart, the biggest multinational corporation that has more money than God that is keeping the unions out tooth and nail and let you hear from her personally; and last but not least, Robert Kuskin, who is a member of management, the construction --from the construction industry, to let you know his feelings on the Employee Free Choice Act. So, Andy, could you come up, talk real briefly, please? Andy Madtes: Andy Madtes. I'm with Unite Here, 1525 Northwest 167th Street, Miami. Unite Here represents 5,000 workers in South Florida. Several months ago we were organizing up in Pompano at Isle of Capri, and three of our key workers were fired for their organizing activity. I'm happy to say that we were able to get their jobs back through binding arbitration, which is part of the agreement, which is similar to what the Employee Free Choice calls for for dispute resolution, and those workers were put back to work. And I'm happy to say also that we were able to obtain a collective bargaining agreement with that company, as well. The Employee Free Choice Act is very similar to a great policy that was passed here several weeks ago, labor peace agreement, which I want to again thank this Commission for their support on that. Also want to convey to you the positive side of when workers have the right to organize and what it means for the state, the community, and the city. You know, our union just recently was able to provide healthcare benefits not only for its members, but for its -- their families as well. We just got the report back yesterday. We took 267 families' kids off of Kidcare in the state and put them into our healthcare plan, which I believe, in these tough economic times, is important with many cities and states and budget crisis. And, you know, I think there is also a positive side to when people can collectively bargain. I think when labor unions are smarter and pragmatic about how they approach collective bargaining, I think it's good not just for business but for the community as well, so once again, I want to thank you all and, of course, your support on this. Thank you. Chair Sanchez: Thank you. Mr. Frost: I would like to introduce Pam Hall from Wal-Mart, the slogan of you know, live better, save money. Well, that doesn't apply to the workers. AndPam's been trying to organize a union, along with Change to Win, andl want you to hear her personal testimony. Pam. Pamela Hall: Good morning. My name is Pamela Hall. I am a terminated employee from Wal-Mart, 1425 Northeast 163rd Street, store number 3235. I was fired on May 30 from the North Miami Beach Wal-Mart as a result of what the manager said was excessive absences. However, there are other employees that had equal amount, as well as more amount of absences that were not medically related as mine were. I have sat down with different members of management, explain my situation, explain my medical problems, andl was told that they would work with me. No more than a week later, I was called into the office andl was terminated; and I was told by the Manager that ifI was so sick, I should not be working. I am a single mother that is trying to keep her son from following the same paths as other people going through the government and having the Medicaid and the government assistance. I believe that my termination was due to the fact that I was an open speaker about the union coming into Wal-Mart and coming in to protect us and have a voice that is not heard at Wal-Mart. With Wal-Mart, it's their way or the highway. They don't have any understanding or any consideration for anyone but themselves. I take this time to say thank you for allowing me to speak. And for our next rallies, we will get in contact with anyone from your offices to let you know where we will be, what -- you know, what days they will be so that you can come out and help support us. The Employee Free Choice Act is an act that is going to allow employees to have a voice and not feel afraid to speak up to their management and to their bosses and know that their jobs will still be protected. So again, thank you. Chair Sanchez: Thank you. Applause. City of Miami Page 8 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 10:30 A.M. Mr. Frost: And I'd like to bring up Mr. Robert Kuskin, who is from the Carpenter's Contract Association. Mr. Kuskin. Robert Kuskin: Thank you, Commissioners, for letting me speak today about the Employee Free Choice Act. My name is Robert Kuskin. I'm with the Association of Carpenter Contractors, the executive director. I represent contractors here in Miami, and I'm also a contractor. And because of this Free Choice Act and the ability for my contractors to be union contractors and to pay their employees a fair wage and to be able the offer them the healthcare that they deserve and be able to offer them a future, this Employee Free Choice Act allows contractors the ability to choose to do the right thing by their employees. This -- the employers who employ the employees who are trained through apprenticeship programs that are given the opportunity to work on a daily basis and create a future for their families and create opportunity, the ability to be able to do that is just fantastic. Andl appreciate and thank you for your support on the Free Choice Act, and we look forward to future things. We look forward to the responsible contractor ordinance, and we will be here and involved, and we will come out in numbers as contractors as the days go on. Chair Sanchez: Thank you. Mr. Kuskin: Thankyou. Chair Sanchez: All right. Mr. Frost: In closing, you all have showed what we're looking for in public officials. You're about people. It's about enhancing the quality of life. It's about providing healthcare and decent wages. I think we all concur -- management, union, public officials -- the best remedy for the ills of our community is creating and retaining quality jobs, simple as that. Thank you for leading the way. You're setting the stage for the United States of America. Thankyou. Chair Sanchez: Thank you, sir. All right, thank you. Applause. Chair Sanchez: All right, thank you. END OF PERSONAL APPEARANCE PUBLIC HEARING A sign language interpreter translated discussion item PH.1. PH.1 09-00645 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING A REPAYMENT PLAN FOR FUNDS OWED Development TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD"), IN AN AMOUNT NOT TO EXCEED $4,027,824.76, AS SET FORTH IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO ALLOW THE CITY OF MIAMI ("CITY") TO ACCESS NEIGHBORHOOD STABILIZATION PROGRAM FUNDS, IN THE AMOUNT OF $12,063,702; AUTHORIZING THE CITY MANAGER TO NEGOTIATE, TO AMEND, AND TO EXECUTE ANY SUCH REPAYMENT AGREEMENT BETWEEN THE CITY AND HUD FOR THE IMPLEMENTATION OF SAID PURPOSES. City of Miami Page 9 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 09-00645-Legislation- SUB.pdf 09-00645 Exhibit.pdf 09-00645 Exhibit 2.pdf 09-00645 Exhibit 3 .pdf 09-00645 Summary Form.pdf 09-00645-Email-Srivener's Error.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0278 A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez absent, to authorize the expenditure by the City Attorney's Office in an amount not to exceed $10, 000 for investigative costs to investigate the use of funds as it pertains to Jessie C. Trice, Movers, Inc., and Economic Opportunity Family Health Center, Inc., and should any wrongdoing be determined, to refer said matter to the Public Corruptions Unit of the State Attorney's Office. Direction by Vice Chair Spence -Jones to the City Manager to have the City's federal lobbyists contact HUD to address the City's repayment of $2.6 million in federal funding. Chair Sanchez: What -- can we get the -- who do we have here, the translator? All right, let's -- which item is that? Priscilla A. Thompson (City Clerk): PH.1. Chair Sanchez: PH.1. All right. Vice Chair Spence -Jones: Okay, we're going to deal with PH.1 right now. Public hearing. George Mensah: George Mensah, director of Community Development. Ms. Vice Chair, PH.1 is authorization of the Miami City Commission, with attachments, approving a repayment plan for funds owed to the United States Department of Housing and Urban Development, in the amount of $4 million. This is just especially to enable us to be able to receive our NSP (Neighborhood Stabilization Program) funds. As you know, on November 23, 2008, the City Commission approved the acceptance of an amount of approximately $12 million for the Neighborhood Stabilization Program. When the agreement came on May 3, 2009, the agreement included a condition that states that amounts that are owed to the US HUD (United States Department of Housing and Urban Development), the City has to have a plan for repayment of those amounts on -- before we can use those funds. The staff negotiated with HUD, and we come to you with a repayment plan. I just want to state for the record that this is only a repayment plan. It doesn't -- there's no authorization for the City to use any money and send any money to HUD at this point in time. Andl also want to (UNINTELLIGIBLE) these items that are being presented to you here and to give you a little bit of the history here. The first one is HOPWA (Housing Opportunities for Persons with AIDS) funds in amount of $935, 556. These funds as a result of a $1.1 million allocation that was given to Economic Equal Opportunity Health Center in 1993. Half of that amount, 935,556 was actually disbursed for the acquisition rehabilitation of 24 units of property. Now, at that time the Department or the City had a management agreement in place and they also have a covenant. Unfortunately, in 1993, those covenants were not recorded. In 2003, the City Commission, by a motion, authorized the Department of Community Development to assist in the transfer of these properties to MOVERS (Minorities Overcoming the Virus through Education, Responsibility and Spirituality). The transfer was done. Unfortunately, there was no covenant or anything that was put on the City of Miami Page 10 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 properties. The properties actually started (UNINTET,TIGIBT,F) occupancy in 2002. In 2007, the City ofMiami -- the Department received a letter from MOVERS that they've sold the property to a third party, Gold & Sterling, Inc. Now, this is -- the HUD regulations require that if the funds are used for the acquisition or adoption of property for HOPWA, it has to be made available for a minimum of 10 years. In addition, any disposition of property has to go to HUD for approval. This was not done. We're working with HUD and explaining to HUD what transpired in those days. But as part of this NSP program, HUD is requiring that we repay that amount, so that is the first one. The second one is actually $2.6 million of HOME (Home Investment Partnership Program) funds, a combination of HOME and CDBG (Community Development Block Grant) funds that was used as part of the Model City Homeownership Trust. The initial amount that was rejected by HUD was more than $4 million, but in 2004 the City Commission approved $1.8 million to be repaid back to HUD. Since 2004, the City has not made any of that payments to this particular fund, so the City's -- HUD is now asking us that we make a pay -- we make this payment. Commissioner Sarnoff. Did you say we did not pay those funds? Mr. Mensah: One point eight million was paid back to HUD. Commissioner Sarnoff. From the Homeland Security Bond Defense -- Mr. Mensah: Yes. Commissioner Sarnoff. -- that was paid? Mr. Mensah: That was paid back, yes. Commissioner Sarnoff. Okay. Mr. Mensah: So the amount remaining now is $2.6 million, and the last (UNINTET,T IGIBT,F) amount is $404, 000 of facade improvement, and that amount actually came to City Commission; it was discussed; and it's been budgeted for --from last year's funds. And those amounts actually came from a disallowance of facade improvement in the downtown primary area. So these are the sources of those funds. Chair Sanchez: Okay. Are we still on -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- PH 1 ? He just finished? Mr. Mensah: Yes. Chair Sanchez: Okay, that's PH.1, right? Okay. Anyone from the public on PH.1 ? Cristi Pinillo: Good morning, Mr. Chair. My name is Cristi Pinillo. My title is homeless at this moment. My formal address is 2280 Northwest 34th Street, Miami. It's been -- the bank already foreclosure property. That property been my house for 30 years andl was evicted out of it. The situation started with my mom. When my husband passed away, he used to work in the County when he passed away. My mom bought the property from me. She was young. She was well. In the middle of that, she got sick. She passed away last year. And the foreclosure was done under her name. Everything was done under her name because she was the original owner. Now, my question is the bank is in the business of selling houses. So if they're going to sell it to someone, why not sell it back to me; that I'm the original owner of the property? 1979I bought that property. Thirty years been there, so I need help. Last night I have no place to stay. Last night City ofMiami Page 11 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 I was at the airport andl was rudely --I mean, what an experience. The cops told me that if they see me there again, they're going to put me out, they're going to lock me up in jail. They put me out in the middle of Perimeter Road. I almost got run over by a car. And now, at this moment, I'm staying with my friend I'm staying temporarily with this lady. She's -- Commissioner Gonzalez: Ma'am, you need to -- Ms. Pinillo: -- under the same thing. Commissioner Gonzalez: -- speak on the mike because we're losing you. Ms. Pinillo: Yeah. So this is the situation that I'm having. I need help. My age -- I'm a senior citizen, and most of the houses in that area is in the -- mostly is done by senior citizens, like myself. So I haven't seen any help done. I need help desperately because I have no place to be. Chair Sanchez: What does -- Commissioner Regalado: Can I --? Chair Sanchez: -- this fall in? Ms. Pinillo: I was referred now by this kind gentleman to Camillus House temporarily. Chair Sanchez: I understand your concern. I'm very sympathetic. I think we could direct you to talk to the Administration and see how we could help you, but -- Vice Chair Spence -Jones: Is NET (Neighborhood Enhancement Team) -- Chair Sanchez: -- this item -- Vice Chair Spence -Jones: -- I think NET. Commissioner Gonzalez: NET. Vice Chair Spence -Jones: NET can also help, too. Chair Sanchez: Yeah, NET -- I mean, we could provide -- the City can provide you with all the avenues of assistance, but on this item, I think that, you know, we're -- it's got nothing to do with this, correct? Commissioner Regalado: Mr. Chairman. Mr. Mensah: That's correct, yeah. This has nothing to do with this one. Chair Sanchez: Hold on. Okay. All right. Vice Chair Spence -Jones: Well, first of all, let's get her some help. Chair Sanchez: Yeah. Vice Chair Spence -Jones: Is David Rosemond here -- Chair Sanchez: Let's -- Mr. Mensah: David. City of Miami Page 12 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Vice Chair Spence -Jones: --from the Homeless Assistance Program? Chair Sanchez: -- and let's stay on the item. The item that's in front of us has nothing to do with this. Let's get her some help. Ma'am, we're going to get the City to provide you the avenue of assistance through whatever department they have. See the gentleman with the glasses, meet with him. Okay, we are on PH.1, which has to do with HUD, okay -- Mr. Mensah: True. Chair Sanchez: -- and paying back HUD $4 million in order to collect 12 million. That's the item that's in front of us. Let's stay to that item. Mariano Cruz: Four million dollar. What about the other -- the 12 million (UNINTELLIGIBLE) -- the 12 million of the Neighborhood Stabilization Program? It's there together. I see -- Chair Sanchez: Yeah. Mr. Cruz: -- them together in the item, okay. Public hearing, okay. I read English, okay? Chair Sanchez: You -- it's a public hearing. Mr. Cruz: Okay. Chair Sanchez: You're recognized for the record for -- Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I come here -- I (UNINTELLIGIBLE) on this Neighborhood Stabilization Program, federal money. The money that we send to Washington or that they send back through electronic transfer. They don't even have to print it. Put 12 million in the City ofMiami coffers there. (UNINTELLIGIBLE) automatically, they are in here in the bank, okay. Now, she has a -- it's a vacant duplex there where she lives. That's (UNINTELLIGIBLE) the people enter in there, taking everything out, air conditioner and all that, destroying the neighborhood. Is that $12 million for that or it's $12 million for salaries and overhead and you know what and trips to California and expensive meals and Mercedes Benz rental, all that? Where is the money? The money is our money. It's not the City money. I send a lot of money to Washington, federal money. My family send a lot of federal money there. Maybe I don't pay city taxes because I am a fee payer of the City, but I pay a lot of federal tax too, investing and all that. But Cristi Pinillo, she's been a member of the community for years. I served together with her in (UNINTET,TIGIBT,F) and we are together in the empowerment zone board since 1999, when Vice President Gore -- you know Vice President Gore came in there through the neighborhood. And the empowerment zone is responsible for giving grants -- because we control the board, we control the money -- to the churches, to the Allapattah, Wynwood day care; giving money -- loan money to businessmen to access (UNINTELLIGIBLE), the other one, money -- loan money to produce jobs in the community. We control that money, not the County Commission. And she been there at (UNINTELLIGIBLE) the board with me 10 years serving there, so she's outstanding member of the community, and now she come here. I refer her to Camillus House. Come on, don't tell me, when you get here (UNINTELLIGIBLE). Ninety-seven people making more than $200, 000 a year could be legally. Well, that's obscene. Go use the 12 money -- the $12 million for that stabilization program. In my -- well, there's already one house been vacant now for probably two years. In 9th Court, 3435, it's another house too. Chair Sanchez: In conclusion. Mr. Cruz: Got plenty of houses, 41 Street, full of foreclosure houses. City ofMiami Page 13 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: Thank you. Mr. Cruz: Okay. Chair Sanchez: All right. Next speaker. All right, yes, ma'am. Maria Capelse (as translated by official Spanish interpreter): Good morning. My name is Maria Capelse. I came in 1984 to this country. My address is 16 Northwest 143red Street, Northwest. I recently had an accident at the City ofMiami three years ago. I never got an answered, never received an answer. I had a business with 2,000 -- over 2,000 customers at the flea market -- Opa Locka Flea Market. I have the evidence of my work here, my job. I lost three houses. On the 25th, I'm going to foreclose my house. There is three kids -- small minors in my house, and we need you to take a hands on on this matter about the foreclosures. I had lost a million dollars from a business, my three homes, and the most important, there is my health. I have three fractures in my knee. I have the bracket with me. I can't wear it because it's too tight on me. Andl need, please, emergency -- for you to help me. Last weekl called -- Chair Sanchez: In conclusion. Ms. Capelse (as translated by official Spanish interpreter): -- the White House and the human rights in Geneva to report this. I love Miami. Not everybody is corrupt. I came here guided by God. Chair Sanchez: Thank you. Ms. Capelse (as translated by official Spanish interpreter): Somebody have to listen to this. Chair Sanchez: Gracias, senora. Ms. Capelse (as translated by official Spanish interpreter): Justice got to be made -- Chair Sanchez: Okay. Ms. Capelse (as translated by official Spanish interpreter): -- got to be done, and God is just and almighty and -- and you see in the house -- the faces of all these people here that have been - Chair Sanchez: (COMMENTS IN SPANISH). Ms. Capelse (as translated by official Spanish interpreter): -- damage. (UNINTELLIGIBLE) in God's hand -- Chair Sanchez: Thank you. Ms. Capelse (as translated by official Spanish interpreter): -- which is the one that can help us. Chair Sanchez: Yes. Anyone else from the public? Okay, the public hearing is closed at this time, coming back to the Commission on PH.1. Has the Commission had a chance to address PH.1? All right, let's go at it. Who's going to go first? Commissioner Sarnoff. Mr. Chair. Chair Sanchez: You're recognized for the record. City ofMiami Page 14 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. This particular item imperils $4 million of general fund dollars, correct? In other words, in order to achieve $12 million of the Neighborhood Stabilization money from the federal government, we are being asked to make a commitment to pay back $4 million, which the only place it would come from is the general fund; correct? Larry Spring: Larry Spring, chief financial officer. Commissioner, on its face, yes, you're correct. However, we are investigating other sources that we can repay. If you recall, George already stated on the record that we had already repaid 1.8 million. Were able to use bond sources to do the swap. In analyzing this item, there are potential same -- similar opportunities that we could take to swap bond monies to pay this back, and use the returning CDBG funds to do project -- compliant projects, so we are investigating that right now. Commissioner Sarnoff. Well, we're being asked to vote on something -- Mr. Spring: You're -- Commissioner Sarnoff. -- right now. Mr. Spring: -- being asked to make the commitment on the repayment plan, not release funds yet, but -- Commissioner Sarnoff. Right. Mr. Spring: -- make the commitments to the repayment plan. If you do not, they will not release the NSP funds -- Commissioner Sarnoff. Right. Mr. Spring: -- to move forward Commissioner Sarnoff. You're asking me to sign a debt to the United States government, which you're saying for purposes of this decision today, you have to commit $4 million of right now general fund dollars. Mr. Spring: I'm asking you to approve a repayment plan of a, I guess, violation that has already been notified, accepted by the City ofMiami -- Commissioner Sarnoff. My -- Mr. Spring: -- to -- Commissioner Sarnoff. -- question's much simpler, Larry. Mr. Spring: Okay. Commissioner Sarnoff. My question is -- you're saying, "Commissioner, I ask you to put your signature on behalf of District 2 and the other Commissioners on behalf of their district for a promissory note to the federal government in the amount of $4 million"? Mr. Spring: Yes. Commissioner Sarnoff. Okay. Let me drill into this because I want to understand how we got here. I'd like to talk to you first about the Sugar Hill Apartments. Do you know what that is, Mr. Director? City ofMiami Page 15 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Mr. Mensah: Yes. Commissioner Sarnoff. My understanding is that -- and this is, of course, Housing Opportunity [sic] for Persons with AIDS (Acquired Immunodeficiency Syndrome), right? Mr. Mensah: That's correct. Commissioner Sarnoff. This has got to be the most affected people you can imagine in your society. Mr. Mensah: Yes. Commissioner Sarnoff. People who, I would suspect, at times can't even work for a living; and there was a federal program provided for people suffering from AIDS, correct? Mr. Mensah: That's correct. Commissioner Sarnoff. The City ofMiami, correct me if I'm wrong, in 1993 to 1994, provided $1.1 million to a company called the Economic Opportunity Family Health Center? Mr. Mensah: That's correct. Commissioner Sarnoff. And then the City provided $1.143 million, only distributing 937,000 of those dollars, correct? Mr. Mensah: That's correct. Commissioner Sarnoff. Then the County provided $1.2 million, correct? Mr. Mensah: That's correct. There's a resolution to that effect, yes. Commissioner Sarnoff. And then, in '02, the County provides -- or the City, I apologize -- I don't know who it is -- 550,000 additional dollars? Mr. Mensah: I don't have any record that that $552, 000 went to that particular project. Commissioner Sarnoff. Okay. And then you're telling me -- and I have not found -- I have not been able to find a resolution. I did see a discussion where this former Commission suggested that MOVERS should get the site control, correct? Mr. Mensah: There's a resolution number, andl can -- not a resolution, a motion, andl can -- have to give me a minute; I can be able to give you the motion number. The motion number is 02-169, on February 14, 2002. Commissioner Sarnoff. Is that an actual motion from the City Commission? Mr. Mensah: Yes. Commissioner Sarnoff. Okay. So then, in 2003, Economic Opportunity Family Health Center sells this particular site with over 4 or $5 million worth of money into it to MOVERS for $10? Mr. Mensah: That's correct. Commissioner Sarnoff. Then in 2007, MOVERS sells the site to a private for profit company, Gold & Sterling, LLC, for $1.8 million? City ofMiami Page 16 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Mr. Mensah: That's correct. Commissioner Sarnoff. They then throw out everybody that has AIDS, correct? Mr. Mensah: For the most part, yes. That's how we learned that they were trying to get rid of the tenants in that property. Yes. Commissioner Sarnoff. Right. They're going to convert this to a condo conversion. Mr. Mensah: Perhaps. Commissioner Sarnoff. So they are actually doing away with the federal program, and the City and, I suspect, the County's intention of providing housing opportunities for persons with AIDS? Mr. Mensah: That's correct. Commissioner Sarnoff. And you're saying, because of some paperwork that didn't indicate from -- obviously, the Economic Opportunity Family Health Center was well aware of the fact that it had received all of this money for HOPWA folks. Mr. Mensah: Yes. Commissioner Sarnoff. And you're telling me some transaction between the Economic Opportunity Family Health Center and MOVERS that they're not aware of the restrictions on this property? Mr. Mensah: Mr. Commissioner, I wasn't there -- I wasn't here in 2003. I can only discern from information that I get from the files and on public records. Commissioner Sarnoff. Has anybody looked into the Economic Opportunity Family Health Center, the board of directors, the officers and directors to see who they are? Mr. Mensah: We've done that, but -- when this issue came up, one of the first things we do as a department is to refer that to City Attorney's Office to assist us in reviewing how this can be handled, and that is what we did, and we've been working with them ever since to try to see what options we have. Commissioner Sarnoff. It appears from what I've been able to see -- and that's just on Googling -- it appears that the Economic Opportunity Family Health Center becomes the Jessie Trice Community Health Center? Mr. Mensah: That's correct. Commissioner Sarnoff. And have you looked into that board of directors and those officers and directors? Mr. Mensah: No, because the fact is that I looked at the time when we provide the funding to Economic Opportunities and the time when the transfer took place. And I'm not a lawyer, so the only thing that can say is that look at the document that we had in place and the document that allow us to go after MOVERS, and I didn't have any document that allows me to go after MOVERS and say that "You owe me $995, 000" because they -- the money was not given to MOVERS; the property was. Andl will stay here and admit that in 2003, whoever handled that transaction should have ensured, like we do now, that there's a covenant on the property that is recorded. If there was a recorded covenant, we wouldn't have been sitting here talking about City of Miami Page 17 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 this because whoever purchased the property would have known that it is restricted purely for people with AIDS. They would not have purchased this property and would not have been discussing this. Commissioner Sarnoff. Well, have you looked into MOVERS to see who's on the board of directors and on the -- Mr. Mensah: We've done that. Commissioner Sarnoff. -- officers and directors? Mr. Mensah: We have -- because -- at that time -- Commissioner, let me put it -- let me tell you exactly what was going on at that particular time. When all this was happening, I see that Community Development was under how many auditors that's going through. We had a similar situation that we were in the process of also losing another one -point -something million dollars on that property that we have transferred to MOVERS. So at that particular time -- and that project came to you, I believe, last year. What we did was that I personally worked on this to ensure that we don't lose that property, to ensure that we put everything in place to at least bring that property back into our fold and then deal with this other property. So, yes, I work with MOVERS, I knew who was the executive director, I knew who the chair was; and asked them questions specifically about this. At the same time there was also investigation that was going on by the OIG's (Office of Inspector General) office, by the State Attorney's Office. So MOVERS was not willing to answer any questions that put to them. So the question was -- I was only limited to look into my City Attorney's Office for assistance, and that is exactly what we did at that time. Commissioner Sarnoff. So you're saying that the State Attorney is investigating MOVERS? Mr. Mensah: I heard. I'm not saying it for a fact. I heard that that was -- Commissioner Sarnoff. Well, my -- Mr. Mensah: -- what was going on at that time. Commissioner Sarnoff. -- question to you is when you asked MOVERS questions, did they refuse to answer your questions? Mr. Mensah: They didn't -- they wouldn't answer my questions, yes. Commissioner Sarnoff. Okay. Then I got to tell you something. What I've been able to see is the company that purchased this, which apparently is Gold & Sterling, LLC, is owned by a company called Secure Quest, LLC, which appears to be a Broward company. There's no way I'm going to vote for this, unless the City Attorney is authorized by this Board to investigate this, look at all the players involved, see if there's any kind of cross germination between Jessie Trice Economic Family Opportunity, MOVERS, and I'm going to request that this Board authorized her up to $10, 000 investigative cost; and in the event that she sees any wrongdoing, that she refer it to the Public Corruptions Unit of the State Attorney because there's way the citizens should be losing -- you realize that they put over one, two, three -- almost $4 million into a building and then allow somebody to sell it for $1.8 million? This is not a travesty. This may be a fraud So I'm going to make that motion. Chair Sanchez: All right. Hold on to your motion till we discuss it, and then we'll bring the motion back up. Discussion on the item? Vice Chair Spence -Jones: No. He had a -- Regalado, you have a --? He was next. City of Miami Page 18 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Regalado: Once again, the Commission in put in a very difficult position. Actually, the lady that spoke first, the homeless lady, because of foreclosure and eviction, is one of the many persons that can be helped with the money from the stimulus that the City is supposed to get. That money can be used not only to rehab, but to pay rent and to help people; and through the homeless office of the City ofMiami, even to pay a hotel room, if Camillus House does not have space, and this we do everyday. We pay hotel rooms every day in the City ofMiami for homeless person. So it is a dilemma, you know. If we don't do this, we don't get the $12 million, which, by the way, I'd like to say that the City should appeal the rejection of the request for money for social services. The Alliance for Aging had received a lot of money and many agencies in South Florida and the City ofMiami received, but the application of the City of Miami was rejected. I think that the City should appeal because now is the time where this City needs more for social services. But going back to this, it's really difficult to understand that $1.2 million, we have to send back to Washington because of consulting fees that we never authorize here. So I think that the people deserve -- because now where we have this situation with the budget and all the future clouds over the income of the City to make a commitment for more than $3.5 million to pay, and mind you, three years, not this year only, but the next two years, which could be worse for the budget of the City. So it's -- the people ofMiami do deserve that we acted -- if we made so many mistakes, that we correct this mistakes and that we, indexed, investigate and send the information to the Corruption Unit of the State Attorney because, you know, for less than this, the State Attorney has -- had press conference. I remember the parade of the members of the Firm. You know, they had such a huge press conference. By the way, all charges were dismissed. But we need to go out after these people. This is wrong for the people ofMiami to pay so some people will be able to just live the life and do fraud and keep doing what they were doing. So I will join Commissioner Sarnoff in asking the City Attorney -- directing the City Attorney to investigate and forward the information to the State Attorney. I think that a community deserve that. That's the least that we can do. And you know, I just don't know how to vote no on this one because we won't get the $12 million. But I will tell you, we have to deposit $4 million with the federal government in order for us to get $12 million, we getter u8se those $12 million the right way because this is really all the people's money, so that's my problem with this. It's -- the Commission always ends up with -- Commissioner Gonzalez: We need to pay it and get the money. Commissioner Regalado: -- a dilemma and a gun to our head. If you don't do this, this would happen, so -- Mr. Spring: Mr. Chair, ifI may. The money that we are repaying does get credited back into our account from HUD, so it gets to be reprogrammed. I guess, if you will, we get a second shot to rectify what didn't occur appropriately the first time. Commissioner Gonzalez: All right. Chair Sanchez: Vice Chair. Commissioner Gonzalez: I guess it's a no-brainer. If we want to get 12, we got to pay 4. Chair Sanchez: Vice Chair, and then -- Commissioner Gonzalez: Either we -- Chair Sanchez: Yeah. Commissioner Gonzalez: -- pay for it and get 12, or we don't pay for it and we don't get nothing. It's -- City ofMiami Page 19 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: All right. Commissioner Gonzalez: -- that simple. Vice Chair Spence -Jones: Let -- Commissioner Gonzalez: It's a matter of math. Vice Chair Spence -Jones: -- me -- Chair Sanchez: Vice Chair, you're recognized for the record. Vice Chair Spence -Jones: Yes, Mr. Chairman. Let me just make a couple of comments because -- or remarks regarding this whole issue. I mean, I know this is something that we've been talking about with CD (Community Development) for quite some time in my office, in my district because the items that we're discussing are -- even though we're focusing on MOVERS and the discussion is a part of it, didn't just include MOVERS; it also included, like you stated earlier, the former Model City Trust, which we know that that's one of the reasons why we cleaned the overall board up and gave it a new mission. That was a whole -- that was one of the reasons why we did it. And it also included, of course, D2's (District 2's) Commissioner, Commissioner Sarnoffs area, which is the downtown area with the facades portion of it. So it was a combination of more than one item, even though we're talking more about MOVERS. But again, I want to just be very clear to the public that's listening and that's sitting in here so that they're very clear about, you know, what the item is. Now both of the items, or all of the items actually took place before D2 or Sarnoff andl even got here, I believe. I'm almost sure your item, the $400, 000 from your area -- Commissioner Sarnoff '05. Vice Chair Spence -Jones: -- was '05. So we weren't even in office. So, again, one of the things I know that I've been trying to do -- not just on this item, but many items throughout my district is - - last four years has been about me cleaning up, and I'm sure that has been yours. So I don't think we have any questions around any of that. I just want to say a few things regarding the first issue, and that is the former Trust and the overall dollars, the two point, I believe, six million dollars, one of the things that we talked about yesterday in my briefing regarding this issue with the Mayor, at least, was our ability -- a lot of this land that we're speaking of that was bought from that overall amount, a lot of that land now has existing houses on 'em [sic]. So part of the, I guess, violation around a lot of this was houses were supposed to be built on this land and the City was basically holding onto the land and nothing ever happened with it. Well, every single last one of my colleagues sitting up here, personally, when I got elected, a year afterwards, we were taking you guys on tours to see that we were actually making sure that those vacant, abandoned lots that had sat for many, many years by the former Trust actually had houses on them. So one of the things that was communicated to me was that that was one of the things that possibly could be mitigated to show that these houses had actually been built. So I'm just going to direct the City Manager and once again, George -- I know my conversation with the Mayor. He said he was reaching out -- or would reach out to the secretary -- Commissioner Regalado: Yeah. Vice Chair Spence -Jones: -- the new secretary of HUD to see if there's any way that we can address that 2.6. Everyone knows that all of our cities are in a financial crunch. To ask a city now, in the midst of all of the budget issues that are going on, to find additional monies to do this, when already some of the things have been accomplished, would be crazy. Andl don't think the Obama Administration would support that, especially if something -- progress has been City of Miami Page 20 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 made. So I'm going to ask that not only staff and the Manager works on that, but also to direct our lobbyists, the ones that have been paid to do all of the Washington work for us, to make sure they knock on as many doors in HUD to address that overall issue with the additional project on here, which is the 2.6. Let me move quickly to the MOVERS situation. I know that this was something that -- MOVERS was something that the late Commissioner Teele was a very big supporter of. And I've been saying this from day one sitting on this dais how extremely important it is for us to train these CBOs. And it just -- it sounds like a broken record after a while, you know, because you can't -- you know, people could be really passionate about what they want to do or helping people, but if you're not trained, or if you don't have the support, or whatever the case may be, to really deliver the type of services and do the paperwork that goes along with it or even tojust be educated on the things that you can and cannot do, then you're going to have a lot of these problems. The one thingl can say about the CD staff is that we have now finally put together some trainings that would be made available to all of our CBOs to avoid these kind of things from happening, which I think is extremely important. I don't want tojust keep talking about the same problem over and over again. How do we rect it? Out of everybody sitting up on this dais, HIV/AIDS has affected my district more so than anything else. And the sad thing about this -- andl see Georgia Ayers sitting out in the audience -- is that the individual that started this whole mission is a pastor at Mount Tabor that, truly, all his mission was really -- all he ever really wanted to do is just help people. And unfortunately, in the midst of all of this stuff that has gone on, that message or that issue has been lost. And I'm hoping that the City -- just because one agency made a horrible mistake and did something very, very wrong, that we don't [sic], from a City's perspective, push to support the issue of addressing HIV/AIDS, which is the number -one issue in my district that is affecting African Americans, and that's a true statement. Just earlier we sat up here and listened to Save Dade and the whole thing about what was going on with that, and the last person that came up and talked about how June 22 is the National HIV Testing Day. I'd like for you to know that believe that in the City ofMiami, especially in -- targeting within my district, throughout the whole entire country, my district is like the number two case. That's a problem. It's a problem that no one's servicing those group of people now because of it. I'm not taking anything away from Commissioner Sarnoffs argument regarding the issue of if you do something wrong, you have to -- you know, you have to pay for it. I agree with that. You know, I just don't want, in the midst of it, for the people that have been affected or that need help are now -- you know, they're now being looked negatively upon because of someone's bad mistake. And one board member -- two board members making a bad mistake should not affect the whole entire organization. So I just wanted to officially put that on the record. I want to make sure that we come up with a positive solution, which is the training, which is the lobbyists, which is us reaching out to see what we can mitigate to address the overall issue. And as Commissioner Gonzalez says, I don't want to get into a situation where in order for us to get 12, we have to pay the 4, but that's what it's kind of looking like. I'm hoping that we can push past that to make that happen. And in closing, I just want to say this because -- you know, I don't want -- one of the things I've learned in sitting on this dais, I don't like to play games. I've had enough games played with me for the last two and a half years that I'm not going to even be trying to play them. So -- at -- I want to be very clear 'cause I know that there's this communication around one of the board members being involved in the Liberty City Trust. I'm going to ask that -- I know that that person is Elaine Black. Elaine Black, once -- just as we all came aboard on the City ofMiami, had actually resigned from the overall organization in 2005, before she even took office at the Liberty City Trust, so I know that that's a communication that's going around, butt want to make sure -- andl understand that she's getting signed affidavits to address that issue. But I just -- I don't want us to play games with people's reputation, you know, and people's lives 'cause people get hurt behind that. So when people decide to, you know, make these kind of statements, they need to be very clear about what they're doing instead of creating heartaches and headaches for people that are only trying to do the right thing. So let's address the situation and move on. Chair Sanchez: Commissioner Gonzalez. City ofMiami Page 21 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Gonzalez: I already made my statement. If we want to get 12, we got to pay 4. It's that simple. I mean -- Chair Sanchez: It -- Commissioner Gonzalez: -- you know -- Chair Sanchez: You know, it is simple. If you want to get 12, you got to pay 4, but -- Commissioner Gonzalez: What we need to do is go after the people that took the four. Chair Sanchez: But that's the problem. This -- Commissioner Gonzalez: But the time being, we need to pay four to get twelve. Chair Sanchez: But -- look, it's [sic] all boils down to morale and principle on this. You know, this goes back to 1990. Commissioner Gonzalez: Exactly. Chair Sanchez: Okay. And the Administration has painted itself in a corner and has painted all of us in that corner to make this decision. And Pete, no -- it's something you inherited. It's gotten to a point where, you know what? HUD has finally said, you want 12 million, then you pay us the 4 million that you've been holding back on paying, okay. Andl understand that. If it was a business decision, it'd be a good business decision to invest 4 million and get 12 million out, but we are accountable to HUD, and those individuals should be accountable to us, okay. And you heard the numbers. There's some issues here -- look, the $400, 000 that was spent on Downtown Miami Partnership, I don't have a problem with that because that was done. We got something out of it, okay. That's not a problem to me. The 87,000, I'm sure that we could negotiate with them and get that taken care of. But what I have a problem with is that -- the issue pertaining to the Sugar Hill. That's the one that I cannot swallow that pill, andl continue to look back at the history that was clearly stated here. You know, the money that was given to them was not used what it was for. They sold the property and made a profit, and those individuals are out there. These are prominent people in our community. Let -- bring them to the table. That's the first thing that this Administration should do is bring them to the table and sit them at the table and say, "What happened? Where's that money?" It's a nonprofit organization. They can't take the money and go to the Fiji Islands or Tahiti, so it's got to be -- and if you follow -- andl'm glad I was going to suggest to have the City Attorney -- she cannot investigate fraud, but she can look into -- through our directive to do due diligence as to the agreements, as to the contracts, and do maybe a little forensic -- andl'm not going to (UNINTELLIGIBLE) forensic accounting 'cause I'm sure that -- you know, if we should need that, we should also get it, but follow the trail as to where the properties and where is that money, and then come back to us with a recommendation as to what legal actions we could take to recoup that money because, you know, it is the people's money. And you know what, the individuals that came up here that are losing their homes, that are suffering, that money could have benefited them. So HUD is absolutely right in asking us to give back the money. So whatl would like to do is -- I think there's been a second to the motion made by Commissioner Sarnoff - - but to have the City Attorney come back with a report as to, look, let's pass it on to the State Attorney's Office to investigate this because, you know -- I just cannot support it without having a safeguard to make sure that we try to recoup that money because this has been in front of us many times before. And it's like, yeah, we're going to make an effort to go out there and find the money and we don't. So, you know -- yeah. I have to support it. I have to support it for the simple reason that if we don't put the 4 million, we don't get the 12 million. The assurance that I got thatl want you to put on the record very clearly is that that money that'll be coming out of the general fund will quickly be replaced in the general fund City of Miami Page 22 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Mr. Spring: Well, it'll be replaced in our -- Commissioner Gonzalez: But you know -- Mr. Spring: -- into our CD account. Commissioner Gonzalez: -- what is sad about all this? That there are agencies out there that are doing their work -- Vice Chair Spence -Jones: Yeah. Commissioner Gonzalez: -- and they're doing their job, and they're constantly being investigated. They're constantly being monitored. They build housing and they have to prove the receipt of every single nail that they put in the project. And then to have another agencies that they can do whatever they want and nobody look at them. Why? Because they may be the powers to [sic] be. Why? Because they may have a lot of friends in this county. Why? Because they have good associates in this county. You know, it all depends what your name is, what rank are you in, okay; who do you associate with; how much power do you have on the political powers of this county and this city. It all depends on all of that because this is old. How old is this? This must be about ten years old, right? Chair Sanchez: 1993. Mr. Spring: '93. Mr. Mensah: 1993. Commissioner Gonzalez: '93. Chair Sanchez: '93. Commissioner Gonzalez: '93, and it's still hanging in there and nothing happens, and no State Attorney's Office gets involved, and not a Public Ethics Commission gets involved, and nobody gets involved. Why? I wonder why nobody wants to get involved in this. Why? That is my question. When they are very persistent, very, very persistent to go after some other people and make their life miserable, destroy their families, destroy their reputation, destroy their life. But we are the unfortunate ones. Some other people are very privileged in this county, andl wonder why. Andl don't have anything against them, let me tell you. I wish I were privileged too. Vice Chair Spence -Jones: Me too. Commissioner Gonzalez: Andl wish some of my friends were privileged too, but unfortunately, we're not. That's why when I hear justice for all, it makes me laugh. And that's whatl -- when I hear God created us all equal, also makes me laugh because, unfortunately, it's not that way. Vice Chair Spence -Jones: Thank you, Commissioner Gonzalez. Let me just say, in closing -- at this point, I think we had a motion and a second on this item to -- Ms. Thompson: No. Vice Chair Spence -Jones: Yeah. We had a motion, right? Commissioner Sarnof A motion to authorize the City Attorney to spend up to $10, 000 to investigate -- City of Miami Page 23 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Vice Chair Spence -Jones: Oh, okay. And then you had a second on -- Ms. Thompson: No. Commissioner Sarnoff. By Regalado. Commissioner Regalado: I second. Vice Chair Spence -Jones: Okay, and a second on that item. I just -- okay, so I just want to be clear, though. All in favor -- first, let me get that out of the way. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Not a problem. Let me ask this question, George. The item that we're getting ready to vote on now, I'm assuming there's a reason why we need to vote on this particular item is to get it, at least, moving so that the NSP program could start? Mr. Mensah: Yes. Vice Chair Spence -Jones: So there's something physical that's written to share with HUD to say that we are going to address the issue? Mr. Mensah: Yes. Vice Chair Spence -Jones: Okay. All right, so I just wanted to be clear. So, are we all in agreement -- and again, I want to be clear 'cause you also put on the record, Larry, that we're not voting to expend any amount now. It's just giving us the authorization to -- Mr. Spring: You're approving the plan. Vice Chair Spence -Jones: Okay. Mr. Spring: Approving the plan. Vice Chair Spence -Jones: No problem. All right. Commissioner Sarnoff. Madam Chair, can I ask one question? Just -- Vice Chair Spence -Jones: You're recognized. Commissioner Sarnoff. -- 'cause I am struggling with this. You want to say something, Mr. --? Mr. Hernandez: I wanted to add just a few words to what the Vice Chair said. That, in essence, we're asking you to approve a payment plan with the reservation that, in essence, we will continue to appeal to HUD on each one of these items to try to minimize the amount that is due to them and also try to even expand the payment period. It's three years now. We would like to see it at five. Also, it's important to note that any kind of payment that we make to them, irrespective of the source, those monies will be coming back to the City. However, they will come back with restrictions for either HOPWA or CDBG. And Larry before explained that we're going to look at sources that we can use, sources that we have, like bonds monies, that are for -- that con -- that are for projects that contain programs that would be eligible under CDBG so when we get the CDBG restricted money, that we can use it for those projects. So that's the plan ahead. City of Miami Page 24 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. And you're answering my question because I'm -- I hear Commissioner Gonzalez saying you pay four, you get twelve, but my understanding is you get a very restricted - Mr. Hernandez: But you get 'em [sic] back. Commissioner Sarnoff. -- twelve. Mr. Hernandez: In worst -case scenario, you get 'em [sic] back in a more restricted fashion. Commissioner Sarnoff. How can you make me more comfortable --? Let's say you get this number to 3.5 million, and let's say it's got to come out of the -- supposing you or the next City Manager decide it's 700,000 a year for the next, I don't know, five years. Our general fund balance should be pretty much depleted, truthfully, and that means that now you're competing with police. So how do you make me more comfortable that maybe this buys a police car because that restricted fund buys a police car? How do you make me more comfortable? Mr. Hernandez: Well, I think that we have programs in the City right now that include projects that would be eligible under CDBG. On the street bonds, you have a number of projects that are eligible under CDBG. You could take street bonds monies, use those monies to pay the 3.5. When they give you back the 3.5 in CDBG, you use it for those projects that were eligible under CDBG out of the street bonds. That's one approach. Commissioner Sarnoff. But -- yeah, and get what you're saying. You're getting value for your money -- Mr. Hernandez: Yes. Commissioner Sarnoff. -- but you're taking it away from the general fund, which pays -- Mr. Spring: No, no. Mr. Hernandez: No. Mr. Spring: No. Commissioner Sarnoff. You're not? Mr. Hernandez: No. Mr. Spring: No. Commissioner Sarnoff. You're saying the street bond money could pay that? Mr. Hernandez: Yes. Commissioner Sarnoff. Okay. I got you now. I understand. Mr. Hernandez: Because the -- my understanding is that the minute that you submit it to them, they immediately add it to your credit -- Mr. Spring: Right. Mr. Hernandez: -- under CDBG. City of Miami Page 25 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. As long as it'll be paid out of street bond, I think understand what you're saying. Mr. Hernandez: Yes. Vice Chair Spence -Jones: Okay, we're -- so now we're down to three Commissioners on the dais. Let me ask this quick question. The -- George, out of the 2.6 million that we talked about earlier, largely, the way the CDBG -- just so the public understands -- works is those dollars are also breaking -- broken down by certain districts anyway, correct? Mr. Mensah: You mean certain districts? Vice Chair Spence -Jones: Yeah. Mr. Mensah: Not if -- Vice Chair Spence -Jones: Based upon -- Mr. Mensah: -- it comes this way. Vice Chair Spence -Jones: Okay. Mr. Mensah: The districts are just the allocation that we get on annual basis and -- Vice Chair Spence -Jones: And then they just take it from there. Mr. Mensah: -- broken down by districts, yes. Vice Chair Spence -Jones: Okay, no problem. Okay, so what are we doing? Are we getting ready to take a vote or you want to wait --? Okay -- all right. Do I have a motion on this item? Commissioner Sarnoff. Oh, I'm sorry. So moved. Vice Chair Spence -Jones: I have a motion. Do I have a second on this item? Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. Commissioner Regalado: Did we vote on the other --? Vice Chair Spence -Jones: Yes. We voted on the other one. Commissioner Regalado: Okay. Vice Chair Spence -Jones: We voted on the investigation, up to $10, 000 to do that. So we had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Ms. Thompson: I'm sorry, Vice Chair. I think that there was supposed to be a note made on the record of a scrivener's error. City of Miami Page 26 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 SR.1 09-00443 Department of Public Works Vice Chair Spence -Jones: Okay. Is there an error? Mr. Mensah: Yeah. There was a scrivener's error on the first "whereas" clause. The November 23, 2000 and -- it was saying November 23, 2009. It's supposed to be November 23, 2008, so that was the error. Chair Sanchez: Okay. Does that take care of that? Let's go ahead -- Mr. Spring: Yes. END OF PUBLIC HEARING ORDINANCES - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-15 ENTITLED "VACATION AND CLOSURE OF RIGHTS -OF -WAY AND PLATTED EASEMENTS BY PLAT," TO CLARIFY THE APPROVAL PROCEDURE FOR A REQUESTED VACATION AND CLOSURE AS PROVIDED IN SAID SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00443 Legislation FR/SR.pdf 09-00443 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13070 Chair Sanchez: We move on to PH.1. That's the first item. PH.1. Okay. Vice Chair Spence -Jones: SR.1. Chair Sanchez: We were making -- all right. Please, when you exit, please try to keep the noise to a minimum. All right, let's take up SR.1. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.1 is an ordinance amending Chapter 55, Section 15, related to vacations and closures. And basically, this amendment clarifies the -- that the approved final plat has to be recorded within the four-year period of a street vacation. It's a housekeeping item so that it's clear to everybody what the time -- when the time frame starts and ends. Chair Sanchez: All right. Need a motion and a second. It's in front of us for a second reading ordinance, SR.1. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion -- Vice Chair Spence -Jones: Second. City of Miami Page 27 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 SR.2 09-00365 Honorable Mayor Manny Diaz Chair Sanchez: -- by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward Seeing no one, the public hearing is closed, coming back to the Commission. All right, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22.5 OF THE CODE OF CITY OF MIAMI, FLORIDA AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE IV ENTITLED "WATER CONSERVATION ORDINANCE," TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE WATER USAGE IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00365 Complete Legislation SR.pdf 09-00365 Summary Form FR/SR.pdf 09-00365-Email-Scrivener's Error.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13071 Chair Sanchez: All right. SR.2 is also an ordinance on second reading. Can we get a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion by Commissioner Gonzalez, second by the Vice Chair. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed. You're recognized for the record. It's on second reading, so let's keep it brief. Robert Ruano: Yeah. Commissioners, Robert Ruano, director of Grants and Sustainable Initiatives. This is second reading of the water conservation ordinance restricting watering to two days a week and providing for low flow fixtures, and I'd like to put on the record that there is a scrivener's error on page 6, 2.2.A.1. It says -- the copy that you have says the restriction is between -- shall be prohibited between the hours of 10 a.m. and 4 a.m. It should be 10 a.m. and 4 p.m. City of Miami Page 28 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: All right. So we'll consider that as a typo or an amendment? Mr. Ruano: Typo. Chair Sanchez: All right. Okay. Any further discussion on this item in hearing none, the public hearing was opened and closed. Madam Attorney, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Yes. Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Sanchez: Although we've been blessed with a lot of rain lately. SR.3 09-00458 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS AND POLICE OFFICERS' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTION 40-196, ENTITLED "CONTRIBUTIONS," TO INCREASE FIREFIGHTERS' MEMBER CONTRIBUTIONS FROM SEVEN PERCENT TO EIGHT PERCENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00458 Legislation FR/SR.pdf 09-00458 Summary Form FR/SR.pdf 09-00458 Pension Stabilization FR/SR.pdf 09-00458 Letter 1 FR/SR.pdf 09-00458 Letter 2 FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13072 Chair Sanchez: All right, SR.3. Commissioner Gonzalez: Move it. Chair Sanchez: SR.3. Let's go ahead and put something on the record. Can we have someone put something on the record on this so those that are watching on TV (television) know what we're voting on? Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, this is as a result of the collective bargaining agreement that we have with the fire union that stated that if pension City of Miami Page 29 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 stabilization wasn't reached to 37 percent or below, that there would be an increase on the employee contribution by the fire union, so this is increasing their employee contribution towards the pension from 7 percent to 8 percent. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez. Need a second. Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open up for discussion, it's an ordinance on second reading. Public hearing is required. 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. Any discussion on the item? Hearing none, read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.4 09-00228 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, TO CREATE A NEW CHAPTER ENTITLED "HUMAN RELATIONS", TO PROVIDE RECOGNITION OF DOMESTIC PARTNERSHIPS OF CITY EMPLOYEES; AND CREATING ARTICLE I ENTITLED "DOMESTIC PARTNERSHIPS AND BENEFITS" TO SET FORTH THE RIGHTS AND LEGAL EFFECTS OF SUCH PARTNERSHIPS; PROVIDING EMPLOYMENT BENEFITS TO CITY OF MIAMI EMPLOYEES AND THEIR DOMESTIC PARTNERS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00228 Legislation SR.pdf SPONSORS: HONORABLE MAYOR DIAZ COMMISSIONER SARNOFF Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13073 Chair Sanchez: All right, SR.4. SR.4 is an ordinance on second reading. Commissioner Sarnoff. Move it. Chair Sanchez: There's a motion by the presenter of the motion. City of Miami Page 30 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, anyone from the public wishing to address this item on second reading, please step forward and be recognized. Melissa Llera: Good morning, Commissioners. My name is -- Chair Sanchez: Good morning. Ms. Llera: -- Melissa Llera, and I've worked for the City of Miami Fire Department for nine and a half years. I currently serve as a fire captain and a paramedic. I have a partner, Christy (phonetic), over 12 years that we've been together. She's here today with our two -and -a -half -year -old son that we also have together. So as you can imagine, the domestic partner ordinance would mean a lot to my family and to families like mine. I'm currently unable to provide health insurance for my family through the City ofMiami, but my hope is that that will all change today. I commend you for this, and I commend you for promoting fairness in our community and in our City, and standing up for my rights and for my family and for others like me. Just so you have an idea, I spend over $500 a month just to carry health insurance privately for Christy (phonetic) andAiden (phonetic), on top of the health insurance benefits with the City that have. And as you can imagine, that can really add up and that can be a burden. In January, my son had to go to the ER (Emergency Room) twice and he's fine, but the bills are still coming in from that. As you can imagine, coverage, privately, for an individual is not as good as those with group benefits and those offered by the City. So while I'm at work andl'm serving the citizens, as I love doing, my family at home isn't necessarily protected from the things that I see everyday, the medical emergencies and the traumatic events that can happen. These things happen in an instant, and no doubt, my family would be cared for andl would have very large medical bills, so this will take a burden off of my shoulders and also give me the same rights as the men and women that I work with everyday that serve with me and fight fires with me and take care of those medical emergencies everyday. I will have the same benefits for my family as they do, so thank you -- Chair Sanchez: Thank you. Ms. Llera: -- and it really means a lot to me. Chair Sanchez: Thank you so much. Next speaker. Good morning. Georg Ketelhohn: Good morning, Mr. Chair and members of the City Commission. I just wanted to thank you for bringing this issue forward for hearing today and to ask you to please vote in support of this ordinance. Vice Chair Spence -Jones: Your name. Mr. Ketelhohn: My name is Georg Ketelhohn, andl'm the co-chair of SAVE Dade Political Committee. And we support this ordinance wholeheartedly because what we think this is all about is just about treating everybody fairly and equally. As the speaker for the AFL-CIO (American Federation of Labor -Congress of Industrial Organizations) said earlier, I mean, you're to be commended for working on behalf of working people, and what better way to do that than by supporting your own employees to treat them all fairly and equally and provide them with the health insurance that their families need. Thank you. Joseph Mooradian: Good morning. My name is Joseph Mooradian. I am the community coordinator with SAVE Dade. I'm speaking today on behalf of C. J. Ortuno, our executive director who could not be here. First, I would like to thank Mayor Diaz, who I know is not here, City ofMiami Page 31 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 but then also Chairman Sanchez; co-sponsorer of this ordinance, Commissioner Marc Sarnoff, as well as the other members of the Commission. I'd like to thank you for the opportunity to stand before you and express our excitement about -- regarding today's vote, but more specifically, I want to thank you for your work during this process. More often than not, government has a negative light shed on it, and people all too often point to government's weaknesses and their own negative experience as proof. Well, I'd like to take this opportunity to highlight government at its best. This passage of this ordinance showcases government's primary purpose and serves that purpose to its fullest. Today you have created the opportunity to be a shining example of a government of the people and for the people. This governing body, chosen by its people, is partaking in its most critical role as protector of its minority populations that often lose their voices amongst the masses. History tells us that when the many grant the same rights to the few, we strengthen the framework of justice. Your vote in favor of this ordinance solidifies your commitment to the values of democracy; and today, by voting yes, you're voting for fairness and equality. Thank you. Chair Sanchez: Good morning, sir. Stratton Politzer: Good morning. My name is Stratton Politzer. I'm the deputy director of Equality Florida, and Commissioners, I would just -- on behalf of our more than 10,000 members here in Miami -Dade County, I want to thank you for taking up this incredibly important issue. It's an important issue because it's going to help families and it's going to help our city because it helps families. Andl also want to say, though, that this is about more than just benefits. This sends a signal that the City ofMiami is a place that values all of its residents and all of its employees, and this is the kind of action that world -class cities take; and as a world -class city, we're so proud to see you standing up and taking this action today. I also want to say that what we know is that providing these benefits will help us to continue to attract the top talent to the City ofMiami-Dade -- City ofMiami as our employees because it's very important that we have competitive benefits packages here in Miami, and it's why so many Fortune 500 companies now offer domestic partnership benefits all across the country. It's why six counties across Florida and 12 cities across Florida now offer domestic partnership benefits, and so we're so pleased that you're now stepping up and taking this action today. And also wanted to let you know that public opinion is so strongly behind you in taking this action. Recent polls show that over 80 percent of Floridians believe that we should provide these benefits to all families across the state of Florida, not simply to married employees, but to all families. Families come in all shapes and sizes today. And regardless of how you define your family, you should be able to take care of the person you love, provide them healthcare benefits and other vital benefits. So at Equality Florida, I want you to know that we're working for the day when wherever you live or work in the state, your family is treated fairly and equally and you receive the same benefits that any married family would receive. We want to thank you so much for making Miami the next place in our state that is that -- has provided that fairness, has said that it will welcome all families. So thank you very much. Chair Sanchez: Thank you, sir. Next speaker. Good morning. Michael Emanuel Rajner: Good morning, and it is a very good morning. My name is Michael Emanuel Rajner. I'm the legislative director for the Florida Gay/Lesbian/Bisexual and Transgender Democratic Caucus. That is the GLBT Caucus for the Florida Democratic Party. Locally, we're represented by the Freedom Democrats, but want to commend this body today. I drove down from Broward County because like the other speaker said, we've had very few opportunities, I think, from the gay community to really applaud you for your leadership in government. We've seen a horrible year this year in the state legislature between what cities are having to deal with, but there's [sic] communities that are (UNINTELLIGIBLE) minority communities that are struggling, as you opened up the meeting with your opening prayer, to meet the basic needs to pay for rent, to pay for food, and that's the -- that's critical today. That's our number -one priority for many families, however you may want to define family, andl see one City ofMiami Page 32 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 beautiful one sitting right there. My housemate, you know, who also is a firefighter, a heterosexual, was in a domestic partnership to provide benefits, so this goes across the board. It's not limited to one orientation or one style of family, and Miami is representative of many families. So the caucus wants to commend you for your leadership and your courage to meet the needs that -- of families, that they're struggling. I also would be remiss, as a person living with AIDS (Acquiredlmmuno Deficiency Syndrome), to not commend -- to not take this opportunity to commend this body. Just only a few weeks before National HIV (Human Immunodeficiency Virus) Testing Day on June 27, this body has continually, every so often, been one of the few public elected officials to step forward and bring a voice to HIV/AIDS and make certain people know to get tested, which the gay community and the Latino community and the black community seem to be always at huge disparity compared to any other. In front of me is a recent study that came out in March of 2009 called Tolerance and HIV through the Emery University, and in it it actually talks about the fact of issues like this and not advancing civil rights and other issues lead to riskier behaviors and it's about finding ways to make certain that we can provide those protective factors for people to have a healthy safe relationship as well, and you have done that today. Chair Sanchez: Thank you. Mr. Rajner: Thank you. Chair Sanchez: All right. Anyone else? Yes, sir. Howard Simon: Good morning, Commissioners. Chair Sanchez: Good morning. Mr. Simon: My name is Howard Simon. I'm the executive director of the American Civil Liberties Union of Florida, and I just have a very brief statement. I want to thank you for taking up this matter and for joining the hundreds of other state and local governmental units, the many in Florida here that you've heard about that have determined that the compensation for a municipal employee should be based upon performance and not the composition of their family. Just very briefly, I want to remind you of how important -- what it is that you're doing is within the current economic climate that we live in in which maybe the benefits package for an employee make up close to 40 percent of the total compensation package. And the medical needs of somebody, whether covered by health insurance but especially not covered by health insurance, could be absolutely disastrous -- need and a medical emergency does not discriminate and the City should not be discriminating either. So very briefly, I applaud you for taking this step and for sending an important message to the community that families come in all shapes and forms and all different compositions now in our period and the City recognizes that all of these families should be treated equally. Thank you, and congratulations of taking this important step. Chair Sanchez: Thank you. Mariano Cruz: Morning. Mariano Cruz, 1227 Northwest 26th Street. And when you get the pledge of allegiance here, it say "with liberty and justice for all." All, according to my dictionary, it say everybody; don't leave anybody out, okay. Or say -- sometime it say 'for some, " unless you have the money to retain Larry Black. You know, that's a different thing. You get more justice on that. Butl am going to (UNINTET,T IGIBT ,F) experience. I was revolution on 1956, '59 (UNINTELLIGIBLE) was (UNINTET,T IGIBT ,F) when many people -- many -- my buddies who were openly gay, but they were real men. They never betrayed their people. And then there was (UNINTELLIGIBLE) mach -men that were a bunch of cowards, okay. In the Army, (UNINTELLIGIBLE) volunteer, (UNINTELLIGIBLE) total crisis, there were two of my -- in my company that were -- they call gay people, but they were real men. So I am for the domestic -- everybody should have same rights, okay, same right. Whatever your sexual City of Miami Page 33 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 preference, that's a private matter. That's it. Nobody knows my sexual preference or whatever, you know. Married, four children, whatever. That doesn't make any difference, but am -- I know (UNINTELLIGIBLE) North Miami for many years and you know, they (UNINTELLIGIBLE) adopt children. So what, you know. That's the way it should be. Thank you. Chair Sanchez: Thank you. Applause. Chair Sanchez: All right. Commissioner Sarnoff. I thought Mariano was going to make an announcement. Chair Sanchez: The public hearing is closed at this time, and it comes back to the Commission. We're going to allow the sponsor of the ordinance -- Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Well, I think it's truly a great day that the largest city in Florida makes a pronouncement that we are a tolerant city and a fair-minded city, and whatl would like to say is I think the greatest city in the western hemisphere today actually says it is a tolerant city and a fair-minded city. I could go on and on, and I'll be very brief. It's been an honor to have been the primary sponsor ofMiami's bill of rights that passed, I believe, with an 82 percent referendum about a year and a half ago. From that we built the domestic partnerships and benefits ordinance here. It's simply about being equal minded and equally fair. People -- families today are different than families 50, 60 years ago. And as we progress as a society, as we progress in our intellect, as we progress in our tolerance, we will become a great society. Miami wasn't on the cutting edge of this, but we're not the caboose either. It is in my greatest honor, since sitting on this Commission, to be the sponsor of this ordinance, andl absolutely hope everybody here votes in favor of what I think is principally the most important ordinance I've ever been a part of on the City ofMiami. Thankyou, Mr. Chair. Chair Sanchez: All right. Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. I'd like to join everyone in thanking Commissioner Sarnoff and Mayor Diaz for sponsoring this. You know, today, as we speak, the Congress of the United States is struggling with the healthcare reform, so it's fitting that we took the lead as a city and solve this problem for several families only by doing the right thing for one family, I think that we should be happy, but we're doing it for several families. What we just saw here a need for a child to have a right kind of health insurance is important. So I think that cities has [sic] a responsibility of taking care of the employees and helping their families so the employees can be free of worries. And this is what we're doing today, and also sending a message that tolerance is part of the live -- the daily life of the City ofMiami. So I'm also very happy to support this ordinance. Thankyou, Mr. Chairman. Chair Sanchez: Thank you. Anyone else? If not, this reaffirms our strong belief that all people are created equal. And if you read our Constitution that says all people are created equal, men, should have been woman [sic] too. This is a great day. I could tell you this much, this city has grown up. This city has matured in many ways. And if we're really going to be showcased throughout the world as a true city of diversity, this is a step in the right direction as our city continues to change. And let me just speak on another note. At times I think that we don't attract the best talent and gifted because we discriminate, andl made a statement last time here in this Commission that -- it really touched my heart. Andl wish it throughout the world, not only here. There'll come a day when we don't have to come up with legislation to stop discrimination, andl think that is a responsibility that we have to make sure that no one, no City ofMiami Page 34 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 matter color of their skin, their gender, their religion, et cetera, et cetera, should be discriminated in this great nation of ours that looks at everyone as equal. So it gives me great pride today in supporting this legislation, andl hope that it is a sign and a gesture and a message to other governments to make sure that they do the same as we've done here in Miami. Thank you. All right, it is a ordinance on second reading, and we're going to have a roll call. Read the ordinance into the record, followed by a roll call. Julie O. Bru (City Attorney): Thank you, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Applause. Chair Sanchez: All right. Thank you. Come on, you know the rules. You know the rule. All right, congratulations to everyone in this City. All right. Unidentified Speaker: Thank you. Chair Sanchez: Not yet. END OF ORDINANCES - SECOND READING ORDINANCES - FIRST READING FR.1 09-00094 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Office 11.5 CIVILIAN COMPLAINT INVESTIGATION AND REVIEW, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ITEM WILL BE DEFERRED BY THE ADMINISTRATION. 09-00094 Legislation.pdf 6-11-09 09-00094 Summary Form.pdf 6-11-09 09-00094 Legislation.pdf 7-9-09 09-00094 Summary Form.pdf 7-9-09 CONTINUED FR.2 09-00560 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ City of Miami Page 35 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 FR.3 09-00615 District 2- Commissioner Marc David Sarnoff ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO ESTABLISH A CITY OF MIAMI RESPONSIBLE CONTRACTOR PROGRAM, NEW SECTION 18-118 OF THE CITY CODE; INCLUDING ESTABLISHING AN OVERALL HOURLY RATE OF PAY, PLUS BENEFITS, PER SPECIFIED PROVISIONS OF THE MIAMI-DADE COUNTY CODE REFERENCED HEREIN; AUTHORIZING THE CITY MANAGER TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR MONITORING COMPLIANCE WITH AND ENFORCEMENT OF THIS PROGRAM; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00560 Legislation 6-25-09.pdf SPONSORS: CHAIRMAN SANCHEZ VICE CHAIR SPENCE-JONES DEFERRED Note for the Record: Item FR.2 was deferred to the Commission meeting currently scheduled for June 25, 2009. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," ARTICLE I, ENTITLED "IN GENERAL," MORE PARTICULARLY BY AMENDING SECTION 4-1, ENTITLED "CONSUMPTION RESTRICTED," TO ALLOW THE CITY TO GRANT AN EXEMPTION FROM THE RESTRICTION OF CONSUMING ALCOHOLIC BEVERAGES ON THE PUBLIC STREETS ON SPECIAL OCCASIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00615 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Vice Chair Spence -Jones: FR.3. Chair Sanchez: Hold on, hold on. All right, FR.3. Commissioner Gonzalez: Motion on FR.3. Chair Sanchez: Okay. Hold on, hold on. That's -- Commissioner, that's your -- Commissioner Sarnoff. Oops, sorry. FR. 3. Pedro G. Hernandez (City Manager): Mr. Chairman -- Chair Sanchez: FR.3 is an ordinance on first reading. Commissioner Sarnoff. Sorry about that. Yes. I would move FR.3. City of Miami Page 36 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: All right, but let's put something on the record. Commissioner Regalado: Second. Chair Sanchez: As always, you know, not everyone can attend our meeting, but there are people that want to know what's happening in their local governments and they're home watching it either on Internet or on TV (Television), and when we vote on something, I think it's important that people know what we're voting on. We just can't make a motion and a second. So let's put something on the record pertaining to this ordinance that's here on first reading. Mr. Hernandez: Mr. Chairman, in general terms, let me just provide some background, and then George can step in. This deals with a proposed pilot to close Commodore Drive in Coconut Grove for eight consecutive Saturdays during the summer to attract more people to the Grove. And this item deals with allowing for alcoholic beverages to be, let's say, consumed on the street and to go along this block from one establishment to the other. The street will be closed. It will have a pedestrian ambience, and the idea is to allow for this to occur. George. George Wysong: Yes. Four dash one of the City Code says it's currently illegal to consume an alcoholic beverage on the public streets of the City. There's a provision that waives it for certain special events that are sponsored by the City. This would clarify those other events, and in the event that the City wanted to allow, say, a street closure or individuals to consume alcoholic beverages, say, in a special event type of arena, the Manager could waive that restriction and thereby allowing it. Commissioner Sarnoff. I believe it equally cleans up -- I believe we've been doing the Coconut Grove Arts Festival for years. I think this would equally benefit them because I think there may have been an impediment that may not have been enforced, andl think it would also facilitate the arts festival being in compliance with the City ofMiami ordinances. Mr. Wysong: You're absolutely correct. Mr. Hernandez: Commissioner, yes, it does. Right? Mr. Wysong: It's an abundance of caution and it clarifies all those issues that may have been out there. Vice Chair Spence -Jones: Okay. Madam City Attorney, this is an ordinance, so we have to open up to the public, correct? Julie O. Bru (City Attorney): You -- yes, you need a public hearing. Vice Chair Spence -Jones: Okay. At this time we'd like to open up the floor for any comments regarding this item. No comments. The item comes back to the Commission. Commissioner Sarnoff, you want to add anything on this? Commissioner Sarnoff. No. I just -- ifI have not moved it, I'd move it. Vice Chair Spence -Jones: Okay. So we had a motion. Do we have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor -- oh, this is a roll call. We only have three people on the dais. City ofMiami Page 37 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 FR.4 09-00649 District 2- Commissioner Marc David Sarnoff Ms. Bru: Okay. Priscilla A. Thompson (City Clerk): Roll -- The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Vice Chair Spence -Jones: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Sanchez: All right, that takes care of SR. 3 [sic]. Commissioner Sarnoff. FR (First Reading). Chair Sanchez: FR. Vice Chair Spence -Jones: FR. Chair Sanchez: FR. 3. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION IMPLEMENTING THE FINAL ORDER OF THE STATE OF FLORIDA GOVERNOR AND CABINET SITTING AS THE ADMINISTRATION COMMISSION ENTERED IN THE VIZCAYANS, INC. ET AL. VS THE CITY OF MIAMI AND TRG-MH VENTURE, LTD., AC CASE NO. ACC-08-004, DOAH CASE NOS. 07-2498 GM AND 07-2499 GM, DATED MARCH 31, 2009; RESCINDING ORDINANCE NO. 12911 ADOPTED BY THE CITY COMMISSION OF THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00649 Legislation.pdf 09-00649-Submittal-Memo-City Attorney.pdf 09-00649-Submittal-Commissioner Sarnoff.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sarnoff and Regalado Noes: 3 - Commissioner Gonzalez, Sanchez and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, to reopen the public hearing for item FR.4. Chair Sanchez: Let's go to FR.4. All right, let's get at least a motion and a second on that. Commissioner Sarnoff. So moved. Chair Sanchez: All right. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Okay, there's a motion and a second on FR.4. You're recognized for the -- well, City of Miami Page 38 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 anyone from the public wishing to address this item, FR.4? Public hearing is opened. Public hearing is closed, coming back to the Commission. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff. Yes. Thanks, Mr. Chair. The Governor's office, which is -- he sits in an administrative capacity -- ordered the City ofMiami to rescind City ofMiami Ordinance 12911 and provide a report to the Commission on the status of the Ordinance 12911 within 45 days of - - I believe it's a March 9, 2009 order. The City ofMiami has taken the position that they have rescinded the ordinance as a result of the Clerk lining through the ordinance and indicating "rescinded." My problem with that is the only body in the City ofMiami that is authorized to promulgate ordinances is this Commission. The City ofMiami does not authorize any one person, does not provide them the authority, does not give them the power to promulgate an ordinance simply because we don't trust one person. We may trust five people because, in theory, those people represent the people and have the opportunity to debate. If we allow the rescinding of the ordinance to be a simple ministerial act, it will be without authorization by the City ofMiami Charter. The only body, again, authorized to rescind an ordinance is this tribunal, and this is a tribunal that promulgate ordinances. And the protections afforded the citizens is that there are five people making a decision. Now, I understand the City Attorney has issued an legal memorandum indicating that pursuant to Chapter 163, the ordinance never went into effect because there was an appeal and the appeal was sustained at the Governor's cabinet level. But that would belie what was said at, I believe, the March 24, 2009 hearing in front of the Florida Cabinet where Governor Charlie Crist presided, and it said very clearly, "I've spoken with the City ofMiami assistant attorney, who is responsible for this matter. It is my understanding they do not intend -- that they do intend to rescind this ordinance pursuant to your order. My understanding is that they will do it within 30 days." Now, that's important because you made a representation offact to the Governor that the ordinance would be rescinded. Again, the City Attorney takes the position that there was no ordinance enforced and effect as a result of what I think lawyers like to call a condition subsequent, and that is that the ordinance couldn't go into effect until and unless there was no appeal or if there was an appeal, the appeal would have been overturned. However, we made a representation offact to the Governor. The Governor, in turn, issued an order to the City ofMiami. If we allow the City to act in its ministerial capacity by authorizing the Clerk to rescind an ordinance, I believe we have set very dangerous precedent by allowing one person in the City ofMiami to rescind an ordinance. That is this tribunal's sole purpose and sole dis -- we really don't have discretion because we have to follow the Governor's order. But if we are ever to have this situation come to us again, it is this tribunal that should act. It is this tribunal that must rescind an ordinance that it passed. And I'd strongly urge everyone here to maintain a very strong separation of government because you should not have an administration rescinding an ordinance. It should be done through the legislative power of the City ofMiami. Commissioner Regalado: I also read the transcript, and an assistant City Attorney apparently told the Cabinet that the ordinance was going to be rescinded in 30 days, so my question is was that ordinance presented within the 30 days? Julie O. Bru (City Attorney): IfI may. Commissioner Sarnoff andl have agreed that we're going to disagree on this issue. And let me explain to you why there is no further action required on the part of this Commission. And, perhaps, I think what's happening here is that we're getting too hung up on the Commission is -- the City is going to rescind. What happened was that we corrected the record, the public record, and that is what the Clerk did by way of a ministerial act to reflect the fact that this ordinance has been rescinded. This matter concerns an amendment to the City of Miami's future land use map, a small-scale amendment that was adopted by this Commission back in 2007. It concerns the property at the -- near the Mercy Hospital that was going to be rezoned from industrial -- institutional to high -density multifamily. When this Commission adopted that comprehensive plan amendment, it did so with a section in that ordinance -- the ordinance that now Commissioner Sarnoff seeks to have by two public hearings City ofMiami Page 39 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 rescinded. When you voted on that ordinance, on ordinance number 12911, you had a section in that ordinance that specifically said this ordinance shall become effective 31 days after second reading and adoption thereof pursuant and subject to Section 163.3187(3) (C) of the Florida Statutes. What does that Florida Statute provide? That Florida Statute provides that a small-scale development amendment, which is what you did, be -- doesn't become effective until 31 days after adoption. You did that. And then it further provides that if it is challenged within 30 days, which it was, the small scaled development amendment shall not become effective until the state land planning agency or the Administration [sic] Commission issues a final order determining that the adopted small-scale development amendment is in compliance, which it did not. Therefore, your ordinance did not become effective. Now, this Commission did not instruct us to further litigate or appeal the decision of the Administrative Commission. Having that then, the only thing left to do with respect to our responsibility to the Administration [sic] Commissioner [sic], to the Governor and his cabinet, was to implement that final order, which we did by instructing the Clerk to show in the public records that this ordinance is rescinded. Therefore, there's nothing left for you to do at this point. Think about the absurdity of having now an ordinance voted upon. What are you going to do? You're going to open it up for public comment? What are the people going to say? What can you do? You can do nothing but adhere to the final order because you've already told us not to challenge that any further. So in my opinion -- and let me remind you that it is the City Attorney who advises the counsel on what it is that you are to do in order to comply with the law, and it is the City Attorney who has to review and approve as to form and correctness all legal instruments, including your ordinances. I have not signed off on that proposed ordinance. So my best advice to you is that you have complied with the administrative order. There is nothing left to do. This property is now back to what it was before 2007 when this proposed small-scale amendment was being considered, and it is as if nothing happened. Commissioner Sarnoff. Could you yield for a moment? Commissioner Regalado: Sure. Commissioner Sarnoff. Madam City Attorney, under your analysis -- correct me if I'm wrong -- there's nothing to rescind? Ms. Bru: At this point it was rescinded -- this ordinance was rescinded by the operation of its own expressed terms. Section 7 of the ordinance provided for what was to happen in the event that certain events were to occur. Commissioner Sarnoff. Right. Ms. Bru: And therefore, perhaps inartfully [sic], the memo that was prepared for the Clerk instructed her to rescind something. It is not my intent to have the Clerk rescind anything, but rather correct the record to show that this ordinance has been rescinded, andl do -- I think that perhaps where you andl have disagreed is that that memo was inartfully [sic] prepared to appear as if the Clerk was going to have the authority to rescind something. Clearly, I agree with you, she does not. Commissioner Sarnoff. My question to you is, infinitely, a little bit different Under your analysis, under Florida Statute 163.3187(3) subparen subparagraph 3, it is your position that the ordinance never took effect. Am I correct? Ms. Bru: It is my position that absent this Commission defying the order of the administrative Commission and going ahead and continuing to implement that small-scale amendment, there is nothing left to do; and no, the amendment never took effect. Commissioner Sarnoff. Right. There's nothing to rescind. City of Miami Page 40 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Ms. Bru: There is nothing to rescind -- Commissioner Sarnoff. Correct? Ms. Bru: -- except to correct -- Commissioner Sarnoff. Because the ordinance never took effect under your opinion, correct? Ms. Bru: Under my opinion, correct. Commissioner Sarnoff. All right. So then why would you then go in front of the Governor, in front of Alex Sink, why would you then have somebody make a statement that the City --? Ms. Bru: We did not, Commissioner. I don't know what you're reading -from, but our office did not appear at that hearing. Commissioner Sarnoff. I understand. Ms. Bru: It might have been -- Commissioner Sarnoff. But an -- Ms. Bru: -- representations made by the Vizcayans. Commissioner Sarnoff. -- attorney made a representation, based on a city attorney's request, to advise the Governor -- Ms. Bru: Double hearsay, your honor. Commissioner Sarnoff. No, no, no. Chair Sanchez: All right. Commissioner Sarnoff. You know -- Ms. Bru: We were not there. Commissioner, we were not at that hearing, so if somebody else made a representation, I cannot vouch -- Commissioner Sarnoff. Let me ask -- Ms. Bru: -- for the credibility, the reliability of that statement. Commissioner Sarnoff. Madam City Attorney, you know that as officers of the Court, that if you're asked to make a representation on behalf of another officer of the Court, that that tribunal will accept that representation. Have you made an investigation, have you looked into whether any of your city attorneys instructed any attorney in that hearing to make the statement that the City was going to rescind the ordinance? Ms. Bru: Commissioner Sarnoff, this is the first that I hear of that representation, but in -- at the end of the day, I think that that is inconsequential because I think that what -- it is important is for the ordinance to be reflected in the public records as having been rescinded, whether it was rescinded by further act of the Commission or by its express terms, which is my opinion, that it was rescinded by its express terms, and the ministerial act of reflecting the record as such has been done, and furthermore, Commissioner, we have reported back to the Governor and the City of Miami Page 41 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 cabinet, as we were required to. No one has disputed what we've done. Nobody has further appealed it. This matter is concluded. Commissioner Sarnoff. Well, Madam City Attorney, a moment ago you agreed with me that there was nothing to rescind. We still on that same page? Ms. Bru: Commissioner, I don't want to get bogged down on the semantics of rescinding. There are many -- Commissioner Sarnoff. Where -- Ms. Bru: -- ways to rescind something. You can rescind something by operation of law. Commissioner Sarnoff. Madam City Attorney, we're not -- I asked you a moment ago under your analysis, a condition subsequent never happened; and under Chapter 163.3187, there was nothing to rescind, correct? Isn't that what you told me a moment ago? Ms. Bru: By -- I -- Commissioner Sarnoff. Isn't that what you told me a moment ago? Ms. Bru: By operation of law, the ordinance was rescinded. I think there needed to be -- Commissioner Sarnoff. There was nothing to rescind, you told me a moment ago. Ms. Bru: -- but there -- the public records needed to be corrected, which is what we did. Commissioner Sarnoff. There was nothing to rescind. Chair Sanchez: All right, listen. I got to put a stop to this. This is not healthy for us. You know, we're here to legislate, not litigate; and if you have a problem on this ordinance, you should have consulted her. She's appointed -- she's given her opinion as to the case law. I inquired as to it, and based on not her legal opinion -- because she's (UNINTELLIGIBLE) not give legal opinion, but she put out a memo saying that basically, we have met all the requirements as to this. So, you know, once again, if we don't have faith in our City Attorney, then we need to take the appropriate action here to do what this (UNINTET,T IGIBT ,F) needs to do. Now, I have faith in our City Attorney. She -- how many -- you graduated -- you specialize in what kind of law, Madam Attorney? Ms. Bru: I have been serving this beautiful city for 20 years. I am certified by the Florida Bar as a expert in local government law. Chair Sanchez: All right. Commissioner Regalado: Mr. Chairman, I had the floor. Chair Sanchez: Hold on. I have the floor. Commissioner Regalado: No. I had the floor, Mr. Chairman. Commissioner Sarnoff. I yielded the floor to -- Chair Sanchez: No. Commissioner Sarnoff. Commissioner Gonzalez -- to Commissioner Regalado. City of Miami Page 42 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: Well, first of all, listen, I'm not going to allow this. Because this -- we're not going to get nowhere on this. I think this is inappropriate for us to get here and not attack, but you try to discredit our City Attorney in a decision that she's made -- Commissioner Sarnoff. First off -- Chair Sanchez: In a position that she's made. Commissioner Sarnoff. -- this City Attorney is espousing a legal theory. I am countering her legal theory. I'm not arguing with the City Attorney. I'm merely having a professional misjudgment. You are more than entitled, as a tribunal, to listen to one of your tribunal members. A moment ago the City Attorney said there was nothing to rescind, and yet, she still acted and rescinded the ordinance by operation of a ministerial act. It is the ministerial act that I have a problem with because it sets a dangerous precedent for the City ofMiami that gave authority to the Clerk of Court [sic] to do something that I believe is only within this tribunal's authorization to do so. Do I think we can vote other than what the Governor's directed us to do? No, I do not. Butl think that vote is a significant measure of a balance of power between the Administration and a legislative body. She's entitled to her opinion. I have given you what I think. You're more than entitled to disregard me and regard her. You're more than entitled to disregard her and regard what I have to say. You are an intelligent man and you have the ability to discern the distinction of differences between what the ordinances say and what the direct order of the Governor of the state of Florida has instructed us to do. I believe the safer, more prudent thing to do is for the body that legislates to be the body that rescinds and that's because you do not authorize one person in the City ofMiami to rescind. That is a dangerous precedent to set. Chair Sanchez: But based on the statements that have been made by our City Attorney, our City Attorney, which we rely on legal advice to this legislative body, is that we, under the law, operating law, have met those requirements. I have been here for quite some time and have never seen this kind of action taken by a Commissioner as to questioning the final decision made on the courts. So based on the input that get, that had to sit down with the City Attorney and asked her, based on her opinion, she gave me her opinion, which it clearly states here that no further City Commission action legally required at this time. Based on the operation of law that clearly the courts have ruled and we have met all the requirements. So I don't foresee us having an ordinance, not only on first reading and second reading, based when we -- it might be your legal opinion -- you're an attorney andl'm not, but it always happens; you get two attorneys in a room, you're certainly not going to agree. I just think it sets a wrong presence [sic] and it basically puts us in a situation here where you could legally argue this for days, if you wanted. So I want to shy away from that. I want to shy away from us having to argue with our City Attorney. If we don't rec -- listen, we'll just leave it at that because it just -- it's something that think it's very inappropriate for a Commissioner to do. Once again, I speak for myself. I'm here to legislate, not litigate the City Attorney. Commissioner Sarnoff. And that's my point, completely, you're a legislative body. Commissioner Regalado: I have the -- I had the floor, and I'm not here to question the City Attorney nor the record established by the government [sic]. I just think that the people of the City ofMiami need closure. I just think that this case was litigated against the City by representative of thousands of residents and stakeholders in the City ofMiami, and they happen to have won. So as a gesture of closure, public closure, a legislation symbolic, you might want to call it, that's -- maybe that's the right way to use it in this. I think that we should just go ahead and vote and show the people that this Commission is willing to rectify something that they didn't agree with it and went to court, went even to the Governor of the state of Florida, so that's why I second this ordinance, andl'm -- andl think that we should vote in deference to the people of City ofMiami Page 43 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Miami that we should send a message that the Commission has accepted and is willing to close this case and rectify something that the people believe it was wrong. That's -- it's not about the City Attorney or whatever litigation or opinion. It's about the people ofMiami. And if we want to deny the people ofMiami closure, well so be it, but I'm willing to vote. I hope that the Chairman will take this to vote. Chair Sanchez: All right. Before I pass the (UNINTELLIGIBLE) listen, once again, this item that's in front of us was not signed off by the City Attorney. It is an action item. This should have been under the discussion item in a blue page in this agenda, just for the record. I will not, as Chair, tolerate any more items coming up like this. This item, if it wanted to be put on a process, should have been put on a blue page for discussion, not being brought here. It was not signed off by the City Attorney. Madam Attorney, did you sign off on this legislation? Ms. Bru: No, I haven't. Let me address Commissioner Regalado. It would be completely appropriate for this Commission, as a matter of public policy and gesture, to acknowledge what happened in this case, to accept publicly by a vote the decision of the administrative Commission, even though we were fighting it until such time as the developer gave up and this Commission instructed me not to pursue anymore, so for a while there we were trying to uphold the validity, the legality of the action that a majority of the Commission had taken. There came a time when also the majority of the Commission instructed us "don't proceed any further. Don't continue with the appeals." At this time, if you would like to proffer something in public to show that you're accepting this decision, then I would suggest that you adopt a resolution. The only harm that see in actually voting on an ordinance at this point is that we have already complied with the timeliness required by the Administrative Commission. They gave us a particular number of days to correct the record, to file a report showing that the record has been corrected, that the ordinance has been rescinded, you know, which is what we did. We corrected the record to show that the legal affect of the ordinance was recension, recension by operation of the expressed terms of the ordinance and by operation of law. So I would think that if you were to take now the legislative action of actually voting on something now and bringing it back, we would not be in compliance with the time imposed by the Administrative Commission, and it would muddle the issue. At this time, this matter is closed. There's no further appeal. Were we to reopen this up now, you know, you run the risk of maybe perhaps somehow opening up the judicial appeal time again, so I would recommend against that, Commissioner. If you'd like to do a public expression of acceptance, adopt a resolution acknowledging the history of this case, acknowledging the decision of the Administration [sic] Commission, acknowledging the fact that the Clerk has corrected the record, and that the ordinance stands rescinded. Let me suggest that to you as an alternative. Chair Sanchez: All right. Vice Chair. Commissioner Sarnoff (UNINTET,TIGIBT,F) vote. Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: Let me just say this. You know, I think that every single last one of you guys have made some very valid points, especially Commissioner -- I just want to say this from the standpoint of Commissioner Regalado. I guess the point, Commissioner Sarnoff, that you're trying to make is really what Commissioner Regalado was stating, really making a point so that the public knows that or acknowledges that this was something that needed to be addressed or we're officially closing it. That's kind of -- I'm trying to sum it up in a way that -- Commissioner Sarnoff I take it -- Vice Chair Spence -Jones: -- at least the basic person at home or even sitting here, you know, in the chambers can understand what we're doing here -- City ofMiami Page 44 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. The Governor -- Vice Chair Spence -Jones: -- because we have to make sure that they understand it. Commissioner Sarnoff. Right. Let me just say it to you, Commissioner. The Governor instructed us to do something. He told us to rescind. Forgot why he did it, but he told us to rescind. He certainly is our superior officer, so to speak. I take the position -- I hope you would, too -- that as the legislative body for the City ofMiami, we promote legislation. I take the position implicit in that power because we're five of us. No one person could pass an ordinance. Vice Chair Spence -Jones: Right. Commissioner Sarnoff. Implicit in that power is the power of recision. Only this political body, only this Commission can rescind. Vice Chair Spence -Jones: Right. Commissioner Sarnoff. If you authorize the Clerk of Court [sic] to rescind, that is beyond the Charter. She doesn't have that power. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. So I believe that you set a dangerous precedent where you create a situation where three out of five people promote ordinances and must vote -- and must pass it. Vice Chair Spence -Jones: Right. Commissioner Sarnoff. You've now created a precedent that one person can rescind an ordinance, and it may be a clerk some day you don't like, and somebody -- some day somebody's going to look back and say, well, you know, historically, back in 2009, City of Miami's Clerk was allowed to rescind an ordinance. I think that's a dangerous precedent to set. I don't think we have a choice because the Governor is our superior; we have to rescind the ordinance. I don't think you can say, well, you know what; I don't want to vote that way. I wouldn't recommend it because I think there's other issues in play. But I think this is the body -- this is -- the Commission should be the one to rescind the ordinance. Vice Chair Spence -Jones: Okay. So -- just so that I'm -- I understand the position from Sarnoff and Commissioner Regalado regarding, you know, basically just cleaning up the item. That's what -- we're cleaning up the item. I also understand the Chairman's viewpoint from the standpoint of this particular item, the City Attorney's not in agreement with, and we do try to at least lean on the City Attorney for her advice because that's basically what she's being put there to do. Now -- and I know that you're the only attorney that's actually sitting up here on the dais, so you guys can have the legal brain muscling going on all day long and, you know, we're trying to catch up, okay. But I need to just be very clear for my City Attorney. I mean, I hear the Chairman's concerns, and his concerns is [sic] really attached to your concerns of us not even addressing this issue. In your opinion, Madam City Attorney, why is this an issue? I just want to make it clear for the people in the audience and the people that are watching it because I don't want to get into the politics of it all. I mean, this particular project has caused not only the City much grief but I can tell you, personally, caused me a lot of grief okay. Any time I see anything that is remotely near it, I don't even want to hear it, if you want to know the truth, okay, but neither -- that's neither here or there. You know, we have to address it. Why do you feel so passionate about us not addressing this issue? Is this going to open us up for something later on? I mean, why --? I mean, you're basically going against -- or not going against but disagreeing very strongly with a district Commissioner that's sitting up here on the dais that City ofMiami Page 45 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 clearly is in the same field that you're in. Why do you feel so strongly and passionate about us not addressing it? Ms. Bru: Madam Vice Chair, Commissioner Sarnoff I believe, is so adamant about this issue because he's trying to safeguard the integrity of the authority of this legislative body to be the one that makes the law and, indeed, he is absolutely correct. You are the only ones that make the law and, indeed, you made the law. You attempted to make the law when you voted back in 2007 to amend your Comprehensive Plan to allow for this development. However, in making that law back in 2007, you didn't take all the actions that were required because it was conditioned on certain things happening. So when you made that law, you specifically put in that law, which is an ordinance, that it would be effective if A, B, and C. Well, guess what? "C" didn't happen, so that law was never effective. And when we went through the process of trying to uphold the law and we went and we fought for it and then, subsequently, we were told stop fighting for that law, the only thing that was left to do was to follow what the Governor and the cabinet told us to do and to follow and do it on a timely basis, and they gave us 30 days to come back and have that law rescinded. Now, with all respect to Mr. Crist, he's the Governor, but I am the City Attorney of the City ofMiami, and Mr. Crist -- Governor Crist doesn't have to instruct me on how to rescind the law. I can tell you that by operation of the very expressed terms of that ordinance that you adopted back in 2007, because the Administrative Commission did not find that that amendment was in compliance, it has no legally binding effect. So what can I do as a City Attorney? I can then instruct the City Clerk -- and, again, I acknowledge and I recognize that perhaps that memo to the Clerk was inartfully [sic] drafted and it should not have said, `Madam Clerk, rescind the ordinance." It probably should have expressly said, "Madam Clerk, please reflect the record and correct the record to show that by operation of law, this ordinance has been rescinded." Andl will gladly do that so that there's no misunderstanding that the Clerk does not have the authority to rescind the law and neither do I, neither do I But laws are rescinded by operation of a mandate, which, for example, if you have a law on the books that is unconstitutional and the federal district court or the appellate courts tells us you cannot continue to enforce that, we stop enforcing it. We do that all the time. And by operation of law, laws are suspended. So my advice to you is that, you know, trust me. You don't have to adopt an ordinance first and second reading because, after all, you have no choice. Do you? If you were to now consider this ordinance, can you make a decision that's otherwise? No, you can't because we have already instructed the Governor and the Cabinet that we have had -- that this has been rescinded. So, you know, unless you want to muddle the issue, which I recommend that you don't, I recommend that you just let things be the way they are. The record has been corrected. We have complied with the Governor's order. The property now is shown in our FLUM (Future Land Use Map) as going back to its original designation. Everybody has abandoned this development, and we all live happily ever after. Thank you, Madam Vice Chair. Chair Sanchez: All right. Vice Chair Spence -Jones: Just in closing, Mr. Chairman. So just in summary, Madam City Attorney, this is what you do for a living for us. This is what we pay you the -- not so big bucks - - but big bucks for -- is for you to give us advice on what to do, you know. Andl understand we still have the ability to make our own decisions, but I cannot -- it's hard for me to -- I mean, I hear from Regalado -- I understand their perspective, but it's hard for me to go against you telling me adamantly that you disagree with us doing it. Is that what you're telling me on the record? I want to know. Ifyou -- ifI was to ask you what is your recommendation for me to do, representing the constituents that I represent, your answer would be what? Ms. Bru: My answer is that all that was legally required to be done to comply with the Governor has been done. They have -- and they have been told -- we have reported it to the Governor and no one has raised an issue. No one. Vice Chair Spence -Jones: Okay. City ofMiami Page 46 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Ms. Bru: And all the time -- Vice Chair Spence -Jones: So your rec -- Ms. Bru: And by the way -- Chair Sanchez: Okay. Public hearing is closed. Ms. Bru: -- the time for appealing this -- Chair Sanchez: I opened it andl closed it. Ms. Bru: -- has already lapsed. Commissioner Sarnoff. Well, let her speak. Commissioner Gonzalez: Mr. Chairman, call the question. Chair Sanchez: Call the question. Commissioner Sarnoff. No, no, no. Wait, wait, wait. Chair Sanchez: Question has been called. Commissioner Sarnoff. Somebody -- Chair Sanchez: Hey, I'm running this meeting. Vice Chair Spence -Jones: But I -- Chair Sanchez: The question has been called. Let's vote on it. Commissioner Sarnoff. No, no, no. Vice Chair Spence -Jones: First of all, I have not finished -- Commissioner Sarnoff. I'm going to make a motion to reopen the public hearing. She's here. She wants to speak on the issue. Vice Chair Spence -Jones: First of all, I wasn't finished Commissioner Sarnoff. Sorry. Vice Chair Spence -Jones: Can we finish? Can I finish, please? Then you guys can argue about it. I just want to make sure -- I didn't get my answer. Chair Sanchez: Mr. City Manager, once again -- Vice Chair Spence -Jones: Ms. City -- Ms. Bru: Madam Vice Chair, there's nothing for you to do. I recommend that you do not vote on this ordinance. Vice Chair Spence -Jones: That's all want to hear. City of Miami Page 47 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: All right. Vice Chair Spence -Jones: That's the recommendation. Chair Sanchez: All right. I opened up the public meeting [sic]. It was closed. If you want three votes to open it up, make a motion. Commissioner Sarnoff. I make a motion to reopen the public hearing. Commissioner Regalado: Second. Vice Chair Spence -Jones: I don't have a problem with her [sic] opening it. Chair Sanchez: So it -- Vice Chair Spence -Jones: Yeah, open -- Chair Sanchez: Ma'am, you're recognized for the record. Lynn Summers: Good morning. My name is Lynn Summers, and I'm -- Priscilla A. Thompson (City Clerk): I'm sorry. I didn't record a vote. Ms. Summers: -- the interim executive director -- Chair Sanchez: Ma'am, hold on. Ms. Thompson: I'm sorry. I heard a mover and a seconder, but I did not -- Chair Sanchez: There's just three votes. Ms. Thompson: I'm sorry? Chair Sanchez: There's a motion and a second, and there's three votes. So we'll go ahead and open it up to the public. Vice Chair Spence -Jones: I wanted her to talk. I want to hear. Ms. Thompson: I'm sorry; if there are three votes, I do need to know -- Chair Sanchez: All in favor of opening up the public hearing, say "aye." The Commission (Collectively): Aye. Chair Sanchez: It passes. It's opened. Ms. Thompson: Thank you. Chair Sanchez: You're recognized for the record. Ms. Summers: Good morning. I'm Lynn Summers. I'm the interim executive director of the Vizcayans, andl apologize for being late. I have just heard everything that the City Attorney has said and everything that she says is absolutely logical, except the fact that the City Attorney did not appear before the Governor and cabinet and share that information with them. In fact, in the City of Miami Page 48 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 transcript of the proceeding before the Governor and cabinet -- and this meeting occurred after the time that the draft order was distributed and comments were asked for and no comments were provided by the City Attorney -- a representation was made by another attorney in that hearing purportedly on behalf of the assistant city attorney in this matter that the order would be rescinded by the City ofMiami. And that term "rescinded" is a term of art and it has meaning. And what we're talking about here is not the "what" is going to happen; it's the "how." And five years, ten years down the road how this is done by the City can make a lot of difference. If in fact, the cabinet's order had recited the legal position being offered to you today that the City Attorney should have offered then, you wouldn't be caught in this conundrum. We would not be caught in this conundrum. We do not wish to be at odds with this City Commission, any individual member of the Commission, or the City Attorney's Office. We're coming in good faith and asking for literal compliance with the order of the Governor and cabinet; and we think that means that since you went through the formalities of enacting the ordinance, it's those same formalities that must rescind it, and that's what we're asking for today. Chair Sanchez: Thank you. All right. Commissioner Gonzalez: Would you call the question now? Chair Sanchez: Call the question. Read the ordinance into the record, followed by a roll call. Vice Chair Spence -Jones: Mr. Chairman -- Chair Sanchez: Oh, we don't have -- Vice Chair Spence -Jones: -- with all due respect, I mean, she made a comment on the record. We brought it back to the City Commission. She made a comment directly about the City Attorney. I would like for her to respond to that comment. Ms. Bru: Madam Vice Chair, I believe that she represents one of the litigants in the case. Vice Chair Spence -Jones: Okay. Ms. Bru: And we filed a report and there has been no objections to the report or -- and the report specifically indicated how the ordinance was rescinded, so it's kind of surprising that they would raise an objection now and not have raised it in a timely fashion. But I do not change my position; what was done was legally correct. And it makes no difference what was represented and not represented. What makes a difference is whether or not we're doing it in a legally correct fashion, and we are. Vice Chair Spence -Jones: Okay, so I'm taking your opinion. Chair Sanchez: Okay. Public hearing is closed. We're going to vote on it. It is an ordinance. Commissioner Gonzalez: Call the question. Chair Sanchez: So read the ordinance into the record, and then we'll follow it by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. Commissioner Gonzalez? Commissioner Gonzalez: No. City ofMiami Page 49 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Following the recommendation of our City Attorney. Commissioner Gonzalez: Following the recommendation of the City Attorney. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: I'm sorry. Chair Sanchez? Chair Sanchez: No. Ms. Thompson: The motion fails, 3-2. Chair Sanchez: All right, before we move on to the next, Mr. City Manager, this will not happen again. I'm look -- I'm telling you straight out. Mr. Hernandez: Well, then, we have to -- Chair Sanchez: I'm about to lose my frustration here. If -- an item cannot come in front of this Commission if it's not signed by the City Attorney. Commissioner Gonzalez: Should not be on the agenda. Chair Sanchez: All right, it should be under discussion item. Anybody has a right to put a blue page here. But let me tell you, I cannot continue to have Commissioners hijack and derail this Commission meeting because it doesn't look good for us, it doesn't look good for the public, and we got to run these meetings in an orderly fashion, so -- Commissioner Sarnoff Just make sure -- Mr. Hernandez: But I -- Commissioner Sarnoff -- that you enforce all the rules and regulations of this board and not the ones that you solely select. Chair Sanchez: No, sir. Commissioner Sarnoff Well, I -- Chair Sanchez: This -- it's inappropriate on your behalf to do this. Commissioner Sarnoff It was absolutely appropriate. Chair Sanchez: It was inappropriate. Commissioner Sarnoff If you read the rules -- City of Miami Page 50 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: You're out of order. Commissioner Sarnoff. -- any Commissioner -- Chair Sanchez: You're out of order. Let's go. Commissioner Sarnoff. Well -- Chair Sanchez: Next item. Mr. Hernandez: Mr. Chairman, it's important. If -- to prevent this, I need to then be able to have it signed off on any item from the Commission that goes on the agenda because this item went from the Commissioner to the attorneys; the item was placed at the last minute on the agenda. I'm not aware of it. I wasn't even aware that she had a problem with the item, so it's difficult for me to prevent it when I don't have a sign off on it. Chair Sanchez: All right. Well, I'm going to prepare an ordinance for the next -- we're going to bring up an ordinance for next agenda to make sure things like this don't happen, all right. So we'll sit down with Legal and I'll sit down with you and we'll draft an ordinance. END OF FIRST READING ORDINANCES RE.1 09-00122 RESOLUTION Department of Public Facilities RESOLUTIONS A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BY AND BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY ("SCHOOL BOARD") FOR THE USE OF JORGE MAS CANOSA PARK (FORMERLY KNOWN AS RIVERSIDE PARK) LOCATED AT 342 SOUTHWEST 7TH AVENUE, MIAMI, FLORIDA, FOR SCHOOL RECREATIONAL PURPOSES ASSOCIATED WITH ADA MERRITT K-8 CENTER, SUBJECT TO THE SCHOOL BOARD PAYING FOR CERTAIN CONSTRUCTION IMPROVEMENTS ESTIMATED AT APPROXIMATELY THREE HUNDRED AND FORTY-TWO THOUSAND DOLLARS ($342,000), AS WELL AS PAYING FOR CERTAIN OPERATING COSTS, INCLUDING STAFFING AND EQUIPMENT NECESSARY FOR THE IMPLEMENTATION OF SUCH PROGRAMS AND FURTHER PROVIDING FOR THE FOLLOWING: 1) A TERM OF TWENTY (20) YEARS, COMMENCING ON THE EFFECTIVE DATE, WITH A TEN (10) YEAR EXTENSION OPTION, CONDITIONAL ON THE PRIOR WRITTEN CONSENT OF THE CITY MANAGER, WITH REVIEW AND APPROVAL OF THE CITY ATTORNEY, AND OTHER FULFILLMENT OF CONDITIONS; 2) PAYMENT OF ONE DOLLAR ($1.00) YEARLY RENT, WITH THE FULL AMOUNT OF THE RENT FOR THE INITIAL TERM PAYABLE IN ADVANCE AT COMMENCEMENT OF SUCH TERM; FURTHER AUTHORIZING THE CITY MANAGER, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, TO EXECUTE NON -SUBSTANTIVE AMENDMENTS AND RENEWALS AS NEEDED AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE, WITH TERMS AND CONDITIONS MORE PARTICULARLY SET FORTH IN THE AGREEMENT; ALLOCATING FUNDS FROM THE DEPARTMENT OF PARKS AND RECREATION, SUBJECT TO THE City of Miami Page 51 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 09-00122 Legislation.pdf 09-00122 Exhibit.pdf 09-00122 Summary Form.pdf 09-00122 Improvements at Riverside Park.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-09-0277 Chair Sanchez: All right, next item on the agenda -- let's take the school board up so we could get you out of here, and then we'll do the -- Madeline Valdes (Acting Director): Good morning. Madeline Valdes, Department of Public Facilities. RE.1 is a resolution authorizing the City Manager to execute an interlocal agreement between the City ofMiami and the School Board for use of George Mas Canosa Park, formerly known as Riverside Park, located at 342 Southwest 7th Avenue for a school recreational purposes associated with Ada Merritt K-8 Center, subject to the School Board paying for certain construction improvements, estimated at approximately $342, 000 for a term of 20 years, with one 10 year extension option. Chair Sanchez: All right, can I get a motion on RE.1 ? It's in my district; I'm okay with it. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. Before we open it up for discussion, we have the School Board. Who's here? Ms. Valdes: Yes. Mike -- Chair Sanchez: Would you like to --? Ms. Valdes: -- Levine, the executive director of the facilities Planning Department, and Carmen Garcia, the principal of the school is here. Chair Sanchez: Okay. You don't want to put anything on the record as to the item? I mean, we've been working at this for quite some time now, and finally, I think we've come to an agreement. Mike Levine: Yes, sir, I agree. If nothing else, I just wanted to thank this Commission and certainly City staff for working with us for quite some time. I think it's going to be a mutual benefit of the City and of course, the school. It will make a phenomenal improvement to the park. And we look forward to a long-standing relationship. Thank you. Chair Sanchez: Okay, thank you. I just -- before -- anyone from the public wishing to address this item here? All right, so the public hearing is opened and closed coming back to the Commission. I'm glad to see that finally, after so many years, we'll be able to partner up with you and not only support a great school in my district, but also a park that you're going to be City ofMiami Page 52 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 enhancing and making it better as we work together to improve the quality of life around that neighborhood. The only assurance that I want to get reading through all this is that the -- while you're doing construction and some of the improvements, you know, we want to make sure that the park is only restricted to some of the areas that you're going to be doing some of the repair and it's always open to the public as we want to make sure that, you know, people in that neighborhood are able to enjoy the park. Mr. Levine: Yes. Commissioner, let me assure you that the agreement is pretty clear that as far as its operational component, it is certainly -- the park is certainly open and available to the citizens of the City ofMiami. The school system will be sharing its use during the day, and we don't envision any problems. During the construction phase, of course, there will be small sections of the park that will be cordoned off for safety purposes. Chair Sanchez: We understand that, but you know, let's say, you know, somebody who works the midnight shift that wants to take his kid and play basketball or use the park while the school is using it, you know, they're going to be able to use it, too. I mean, as long as it's not interfering with your curriculum of education. Mr. Levine: Yes, sir. I think that's the criteria. I think, if we had any concerns, the City would share those concerns as far as who might be using it. And as long as it's safe and secure for the kids, that's all we care about. Chair Sanchez: All right. Any further discussion on this item? It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Valdes: Thank you. RE.2 09-00561 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY TO WILLIAM F. SOUZA, ESQUIRE, OF WILLIAM F. SOUZA, P.A., ON BEHALF OF RANDALL CASON, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $125,000, IN FULL SETTLEMENT OF ALL CLAIMS FOR ATTORNEY'S FEES AND COSTS FOR ALL DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING A SETTLEMENT AGREEMENT. ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. 09-00561 Legislation.pdf 09-00561 Memo.pdf 09-00561 Memo 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0279 City ofMiami Page 53 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 start with the resolutions. I believe the first one is RE.2, 'cause we've handled everything in the first part of the agenda. Is that correct, Madam City Clerk? Priscilla A. Thompson (City Clerk): That is correct. We've given you a new updated sheet on what's left. Vice Chair Spence -Jones: Okay. All right. Is there anyone from staff that can speak on RE.2? Julie O. Bru (City Attorney): Madam Vice Chair, RE.2 is a resolution from the City Attorney that seeks authorization to settle the worker's compensation case of Randal Cason versus City of Miami. This is a settlement of the attorneys' fees that are due on this case. The amount of the settlement is $125, 000. Chair Spence -Jones: All right, we -- let the record reflect that Commissioner Gonzalez is joining us again. Any comments on this settlement? Do we -- Commissioner Regalado: No. Vice Chair Spence -Jones: -- have a motion? Commissioner Sarnoff. So move. Commissioner Regalado: Second. Vice Chair Spence -Jones: We have a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.3 09-00557 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Improvements JOINT PARTICIPATION AGREEMENT ("JPA"), IN SUBSTANTIALLY THE Program ATTACHED FORM, WITH MIAMI-DADE COUNTY ("COUNTY"), FOR THE VENETIAN CAUSEWAY STREETSCAPE IMPROVEMENTS PROJECT, B-39911 ("PROJECT"); OUTLINING THE RESPONSIBILITIES OF THE PARTIES; AUTHORIZING THE ALLOCATION OF FUNDS IN THE AMOUNT OF $3,196,465, TO THE COUNTY, FROM CAPITAL IMPROVEMENT PROJECT NO. B-39911 UPON AVAILABILITY, CONSISTING OF FUNDING IN THE AMOUNT OF $2,196,465, FROM A FUTURE STREET BONDS ISSUANCE, AND FUNDING IN THE AMOUNT OF $1,000,000, FROM A GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR WHICH THE CITY WILL ACT AS A PASS -THROUGH TO THE COUNTY. 09-00557 Legislation.pdf 09-00557 Exhibit.pdf 09-00557 Summary Form.pdf 09-00557 Text File Report 1.pdf 09-00557 Text File Report 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 54 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez RE.4 09-00647 Honorable Mayor Manny Diaz R-09-0280 Vice Chair Spence -Jones: We move to the item number RE.3. Ola Aluko: Good afternoon. Ola Aluko, City ofMiami, Capital Improvements director. RE.3 is a resolution to authorize execution of a joint participation agreement, a JPA, with Miami -Dade County for the Venetian Causeway streetscape improvements. This resolution will allow the County to install work for the City prior to the City's commencement of their project. The total amount of this resolution is in the amount of -- the City's contribution, rather, is in the amount of 3,196 [sic], and -- which consists of $2.1 million from the -- from a future street bonds and a million dollars from an FDOT (Florida Department of Transportation) grant. And I stand corrected. It's three million one ninety-six. Vice Chair Spence -Jones: All right. Do we have a motion on this item or any questions? Commissioner Sarnoff. So move. Commissioner Regalado: Second. Vice Chair Spence -Jones: We have a motion, second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING AND CALLING FOR THE IMMEDIATE ENACTMENT OF THE ADMINISTRATION'S HEALTH CARE REFORM PRINCIPLES AND AGREEING THAT THIS COMPREHENSIVE REFORM SHOULD DO THE FOLLOWING: 1) REDUCE LONG-TERM GROWTH OF HEALTH CARE COSTS FOR BUSINESSES AND GOVERNMENT; 2) PROTECT FAMILIES FROM BANKRUPTCY OR DEBT BECAUSE OF HEALTH CARE COSTS; 3) GUARANTEE CHOICE OF DOCTORS AND HEALTH PLANS; 4) INVEST IN PREVENTION AND WELLNESS; 5) IMPROVE PATIENT SAFETY AND QUALITY OF CARE; 6) ASSURE AFFORDABLE, QUALITY HEALTH COVERAGE FOR ALL AMERICANS; 7) MAINTAIN COVERAGE WHEN SOMEONE CHANGES OR LOSES A JOB; AND 8) END BARRIERS TO COVERAGE FOR PEOPLE WITH PRE-EXISTING MEDICAL CONDITIONS; THE COMMISSION FURTHER URGES CONGRESS TO SUPPORT PUBLIC HOSPITALS AND OTHER PROVIDERS IN THE HEALTH CARE SAFETY NET SO THAT THOSE WHO FALL THROUGH THE CRACKS OF EXPANDED HEALTH COVERAGE: MAY STILL RECEIVE CARE; CAPACITY IS AVAILABLE IN CASE OF PUBLIC HEALTH EMERGENCIES; AND THE CULTURAL COMPETENCIES ACHIEVED BY PROVIDERS SERVING DIVERSE POPULATIONS ARE PRESERVED AND ENHANCED IN A REFORMED HEALTH CARE SYSTEM; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS HEREIN. 09-00647 Legislation.pdf City ofMiami Page 55 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0282 Vice Chair Spence -Jones: We move on to item number -- OlaAluko (Director, Capitallmprovements): Thank you. Vice Chair Spence -Jones: -- 4, healthcare reform. Is there a staff member speaking on RE.4? Bill Anido (Assistant City Manager): It's a Mayor's item. Vice Chair Spence -Jones: Okay, so is there anyone from the Mayor's office? We're going to move on to the next item, if somebody can reach up -- out to the Mayor's off -- Mr. Anido: We'll get someone. Vice Chair Spence -Jones: Okay, no problem. [Later...] Chair Sanchez: All right. We have one more item. Apparently, we're going to bring up the item -- the resolution from the Mayor on healthcare, okay. That is RE.4, and it's a resolution reference healthcare reform. Okay, you're recognized for the record. Marie Bell: Marie Bell, Intergovernmental Affairs, andl understand you have been briefed on the item. I'm here for any questions. Chair Sanchez: Okay. Does anybody have any question on this? Everybody has had an opportunity to read this resolution? Okay, I'm prepared to pass the gavel and make a motion. Vice Chair Spence -Jones: All in favor? Chair Sanchez: No, no, no. Vice Chair Spence -Jones: Do we have a motion ? We have -- Commissioner Gonzalez: Second -- Vice Chair Spence -Jones: -- a motion? We have a motion and a second. Commissioner Gonzalez: -- the motion. Vice Chair Spence -Jones: We have a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.5 09-00648 RESOLUTION City of Miami Page 56 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 District2- A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT Commissioner TO SECTION 54-341(E), THE RESTRICTIONS CONTAINED IN SECTION Marc David Sarnoff 54-341(C)(1),(2), AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO (1) WAIVE THE TWO EVENTS PER MONTH RESTRICTION, (2) WAIVE THE TWO EVENTS INVOLVING STREET CLOSURES, (3) WAIVE THE TWO EVENTS TAKING PLACE ON SUCCESSIVE WEEKENDS, AND (4) WAIVE THE APPLICATION AND REQUIRED APPROVALS IN SECTION 54-341(D) OF THE CITY CODE; AND WAIVING THE LIMITATIONS ON TEMPORARY SPECIAL EVENTS PURSUANT TO SECTION 906.9(C) OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR EVENTS OCCURRING IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT DURING DESIGNATED WEEKENDS IN JUNE, JULY AND AUGUST, 2009; AND WAIVING THE SUPPLEMENTARY USER FEE, PURSUANT TO SECTION 54-343(5) OF THE CITY CODE, FOR SAID EVENTS. 09-00648 Legislation .pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0281 Vice Chair Spence -Jones: Let's move on to RE.5. I believe this is a D2 (District 2) item. Commissioner Sarnoff. Yes. This is a companion item, Commissioner -- Madam Chair, apologize -- for the Coconut Grove Special Events District that will allow them to have partial street closures in June, July, and August. It's a way of creating some sort of excitement and opportunities for Commodore, and this is a companion to what we just passed as our first reading ordinance. Vice Chair Spence -Jones: Anybody from staff want to put anything on the record or no? Okay. Do we have a motion on this item? Commissioner Sarnoff. So moved. Vice Chair Spence -Jones: We have a -- Commissioner Regalado: Second. Commissioner Gonzalez: Second. Vice Chair Spence -Jones: -- motion and a second. I just wanted to just add quickly on this issue. First of all, I think -- first of all, this is a great idea. During these tough economic times, whatever we can do to bring attention to these businesses that are suffering, we need to try to do it. In my briefing, they told me that this was also going to be similar to -- or the end goal was to do something similar to Lincoln Road. Is that correct or no? Commissioner Sarnoff. Yeah. Vice Chair Spence -Jones: So -- Commissioner Sarnoff. Well, hopefully, yeah. City of Miami Page 57 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Vice Chair Spence -Jones: Okay. And that is -- is that the street that's right in front of Greenstreets [sic], right? Commissioner Sarnoff. Yeah. Vice Chair Spence -Jones: So it would just be like blocked off? Commissioner Sarnoff. Just that one block, yeah. Vice Chair Spence -Jones: Okay, all right. All right, move on to item number -- Commissioner Sarnoff. We have to do a vote. Priscilla A. Thompson (City Clerk): I need a vote -- Commissioner Sarnoff. We have to vote. Vice Chair Spence -Jones: Oh. We had a motion. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. RE.6 09-00651 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION URGING PRESIDENT Joe Sanchez OBAMA TO GRANT TEMPORARY PROTECTIVE STATUS TO HAITIANS IN THE UNITED STATES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS AS STATED HEREIN. 09-00651-Legislation-SUB. pdf Motion by Chair Sanchez, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0283 Vice Chair Spence -Jones: We move on to RE.7 'cause RE.6, I believe the -- Commissioner Sanchez wanted me to wait on RE.6, so RE.7. Priscilla A. Thompson (City Clerk): No. We don't have RE.7. Commissioner Gonzalez: No. There's no RE.7. Vice Chair Spence -Jones: Okay. Unidentified Speaker: It was continued. Vice Chair Spence -Jones: All right, no problem. So I will hold off on RE.6. I -- he had -- he's asked for me to -- he's requested to wait for that one. [Later...] Chair Sanchez: There are two more items. There's one item, it's a resolution that each and every one of us is very familiar with. As a matter of fact, on May 8, 208 [sic], we introduced an City of Miami Page 58 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 item urging TPS, which is Temporary Protection Status, for Haitians, and it passed 5-0. We did work with the Haitian community, along with the community leaders, and we appealed to Washington to have the Bush Administration grant them TPS. However, it fell on deaf ears. Our new president has shown profound passion for victimized people, and we know that the people of Haiti have struggled in many ways. As a matter of fact, TPS has been granted to native and several Central America -- American and other nations have benefited from TPS. The current situation in Haiti continues to be in a crisis, and we all know that because of our kind passion generosity that we continue to help a nation that continues to struggle. So this resolution that we are presenting, it's basically, again, the same resolution, which is a resolution of the City of Miami Commission urging President Obama to grant temporary protective status to Haitians in the United States, directing the City Clerk to transmit a copy of this resolution to the officials, as stated herein, asking that President Obama consider this and grant the Haitian people of our community temporary protection status. So I would pass the gavel and make a motion to support this resolution. Vice Chair Spence -Jones: We have a motion. Is there a second? Commissioner Gonzalez: Second. Vice Chair Spence -Jones: There's a second by Gonzalez. Any discussion? Commissioner Regalado: I will think that it's only something that we need to do, but I would recommend that also not only to the President, but to the Secretary of State because her husband, Bill Clinton, has just been appointed a special envoy of the United Nations to Haiti, and he has a profound knowledge of the situation in Haiti. And I'm sure that with his advice, I would think that we should reach out to the former president so he can include that in his agenda because he's going to report back to the United Nations Secretary General, but also to the Administration. It's important that the United Nations that carries a lot of moral weight will also recommend a stay on the situation of the Haitian refugees in the United States. There is the situation also of the decision by Homeland Security that Haitians are returned immediately after there -- even there is a problem or a ship that capsized. And now we understand that the Mayor has been appointed as -- in one committee to advise Janet Napolitano, the Homeland Security director, so it would be, I think, wise to ask the Mayor to have Homeland Security revise the policy of deporting Haitian when there is a tragedy in the high seas. So -- just a suggestion because, you know, the immigration reform is not going to be moving and not soon enough in the Congress, and this would have to be included in the Congress, but it could have also an executive decision by the President and the Secretary of State. So it's fair for the Haitians to get the temporary status, the same one that the Central Americans have at this moment. Thank you. Chair Sanchez: All right. Also, just for the record, the resolution, under Section 2, clearly, not only does it urge the President, but also the members of the United States Congress, so -- all right. Yes. Vice Chair Spence -Jones: First, I want to commend you for bringing the resolution. I think it's the sec -- Chair Sanchez: Several times. Vice Chair Spence -Jones: -- right, second time you're doing it. We all know it's something that's extremely important, and I'm sure every single last one of the Commissioners support that. So if you don't mind, Mr. Chairman, if we could just do a quick roll call on that, I would really, really appreciate it. Chair Sanchez: All right. It's a resolution, but Madam Clerk, we want to call a roll call for the record. City of Miami Page 59 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Priscilla A. Thompson (City Clerk): Okay. And also, for the record -- Chair Sanchez: Yes. There is a minor substitution. Ms. Thompson: That's -- okay, so this is a modified resolution we have here, and our roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance [sic] has been adopted, 5-0. RE.7 09-00652 RESOLUTION District 3- Chair A RESOLUTION OF THE MIAMI CITY COMMISSION URGING FLORIDA Joe Sanchez POWER AND LIGHT TO PURSUE ALTERNATIVES TO OVERHEAD TRANSMISSION LINES IN THE CITY OF MIAMI, FLORIDA; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS STATED HEREIN. 09-00652-Legislation-SUB. pdf CONTINUED END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 08-01177 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01177 memo 7-9-09.pdf CONTINUED Commissioner Gonzalez: We're going to boards. NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Vice Chair Spence -Jones: Now we're going to board [sic]. Andl guess we'd have to wait on BC.1 'cause he's not here as well. Priscilla A. Thompson (City Clerk): BC.1 is actually the board appointments for the District 1 City of Miami Page 60 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Housing Advisory Board, and all of those appointments are the appointments of Commissioner Gonzalez. Vice Chair Spence -Jones: Oh, okay. Commissioner Gonzalez: Right. I'm going to defer that. Ms. Thompson: Thank you. Vice Chair Spence -Jones: All right, so we're going to -- sorry about that, Commissioner Gonzalez. BC.1, we're deferring. BC.2 08-01260 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01260 memo 7-9-09.pdf 08-01260 members 7-9-09.pdf 08-01260 applications 7-9-09.pdf CONTINUED NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Vice Chair Spence -Jones: And BC.2, we're deferring. So we're moving on to BC (Boards and Committees) -- Priscilla A. Thompson (City Clerk): Okay. I just want to make sure. You're deferring BC. 2 to a date certain or --? Vice Chair Spence -Jones: I guess we're waiting until we finish with the -- I guess we're waiting, right, Madam City Attorney, until we finalize the --? Julie O. Bru (City Attorney): There is an ordinance that is being brought back for consideration that would readjust or amend the way that the appointments are made, andl think that's what you're waiting for, correct? Vice Chair Spence -Jones: Okay. Ms. Thompson: Thank you. Vice Chair Spence -Jones: No problem. City of Miami Page 61 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 BC.3 08-01540 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dr. Margaret Okonwo Vice Chair Michelle Spence -Jones 08-01540 Memo 6-11-09.pdf 08-01540 Members 6-11-09.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0285 Vice Chair Spence -Jones: So we're going to move on to BC.3. Priscilla A. Thompson (City Clerk): That's your -- that's appointment -- and you, Vice Chair, have an appointment to the Health Facilities -- Vice Chair Spence -Jones: Yes. I'd like to re -nominate Dr. Margaret Okonwo. Commissioner Gonzalez: Move it. Commissioner Regalado: Second. Vice Chair Spence -Jones: All right. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. BC.4 09-00324 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Chair Joe Sanchez 09-00324 memo 7-9-09.pdf 09-00324 members 7-9-09.pdf CONTINUED Chair Spence -Jones: We're moving on to the Audit Advisory Committee. City of Miami Page 62 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Gonzalez: That's Commissioner Sanchez appointment. Vice Chair Spence -Jones: Okay. Priscilla A. Thompson (City Clerk): That's correct. Vice Chair Spence -Jones: He's not -- that's the only one we have for that? Okay. So he's not here. I guess we'll have to wait for him to come back as well on that one. BC.5 09-00413 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00413 memo 7-9-09.pdf 09-00413 members 7-9-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez CONTINUED Chair Spence -Jones: All right. Let's move on to BC.5. Commissioner Gonzalez: I'm going to defer mine. Priscilla A. Thompson (City Clerk): So -- Vice Chair Spence -Jones: I know I have one also. Ms. Thompson: Yes. Vice Chair Spence -Jones: I'm going to defer mine as well. Ms. Thompson: Okay, thank you. BC.6 09-00535 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Dylan Sanders Mayor Manuel A. Diaz City of Miami Page 63 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 09-00535 memo 6-11-09.pdf 09-00535 members 6-11-09.pdf 09-00535-Submittal-Mayor Diaz.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0286 Priscilla A. Thompson (City Clerk): BC. 6 would be your Community Technology Advisory Board. Vice Chair Spence -Jones: Okay. Yes, I'd like to defer that as well. Ms. Thompson: And I do have a name proffered by the Mayor for this board. The Mayor is proffering the name of Dylan Sanders. Commissioner Gonzalez: Move the Mayor's appointment. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. Ms. Thompson: Thank you. BC.7 09-00589 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Tomas Regalado Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz Mayor Manuel A. Diaz City of Miami Page 64 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 09-00589 memo 7-9-09.pdf 09-00589 members 7-9-09.pdf 09-00589-Memo-Mayor's Appointment 7-9-09. pdf CONTINUED Vice Chair Spence -Jones: The Arts Entertainment Council. Priscilla A. Thompson (City Clerk): We have an appointment by Chair Sanchez, Commissioner Regalado; and the Mayor did not proffer any names for this one. Commissioner Regalado: I'll defer mine. Vice Chair Spence -Jones: Okay. Ms. Thompson: Okay. Vice Chair Spence -Jones: Commissioner Regalado is deferring his. Any other things on this --? Ms. Thompson: No. Vice Chair Spence -Jones: Okay. BC.8 09-00595 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Marta L. Zayas Commission -at -Large (Alternate -at -Large) 09-00595 memo 6-11-09.pdf 09-00595 members 6-11-09.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0289 Vice Chair Spence -Jones: So we're moving on to BC.8. Commissioner Regalado: I have an appointment. Marta Laura Zayas, alternate. Marta Laura Zayas. Priscilla A. Thompson (City Clerk): Sayas [sic], S or --? Commissioner Regalado: Zayas, Z-A-Y-A-S. Ms. Thompson: She's your alternate? Okay. City of Miami Page 65 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Regalado: It says alternate [sic] -- Ms. Thompson: Yes. Commissioner Regalado: -- at -Large here. Ms. Thompson: There's also a Commission -- another Commission -at -Large seat available if anyone wants to make an appointment. Commissioner Regalado: But alternate, right? Ms. Thompson: Yes. They're both alternate seats. Commissioner Regalado: And Harry Gottlieb has been already appointed. Commissioner Sarnoff. He was an alternate. Now he's on the board. Commissioner Regalado: He's on the board. Ms. Thompson: So that's why we have that vacancy. Commissioner Regalado: Okay. I just had that one. Ms. Thompson: Then I would need a motion -- Commissioner Regalado: I move. Commissioner Sarnoff. Sorry, second. Ms. Thompson: Thank -- Vice Chair Spence -Jones: I have a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. BC.9 09-00588 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Dr. Amada Vargas Commissioner Angel Gonzalez Lyse Cuellar Commissioner Tomas Regalado 09-00588 memo 6-11-09.pdf 09-00588 members 6-11-09.pdf City of Miami Page 66 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0287 A motion was made by Commissioner Regalado, seconded by Commissioner Gonzalez, and was passed unanimously, with Chair Sanchez absent, to appoint Dr. Amada Vargas and Lyse Cuellar as members of the Community Relations Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Lyse Cuellar as a member of the Community Relations Board. Vice Chair Spence -Jones: Community Relations Board. Commissioner Gonzalez: (INAUDIBLE). Vice Chair Spence -Jones: You're deferring yours? Commissioner Gonzalez: No. That was Code Enforcement. Vice Chair Spence -Jones: Okay. Commissioner Regalado: No. Community Relations Board is -- Commissioner Gonzalez: Community Relations -- oh, I'm sorry. Priscilla A. Thompson (City Clerk): We just completed the Code Enforcement Board, so now you're moving to BC.9, which would be your Community Relations Board. Vice Chair Spence -Jones: Any -- you have any items? Commissioner Gonzalez: I'll reappoint Dr. Amada Vargas. Ms. Thompson: Dr. Vargas, okay. Vice Chair Spence -Jones: Any others? Commissioner Regalado: Lyse Cuellar. Commissioner Gonzalez: Motion on both the name [sic] proffered. Commissioner Sarnoff. Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Ms. Thompson: Just one second, please. On Ms. Lyse, she -- Commissioner Regalado: Yeah. She's being reappointed. Ms. Thompson: Yes, but she needs a four fifth waiver for her absences. City ofMiami Page 67 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Regalado: Okay. Well, I move it with the waiver. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: Second with a waiver. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Okay, so we had a motion and a second and a waiver. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. BC.10 09-00593 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Tomas Regalado 09-00593 memo 7-9-09.pdf 09-00593 members 7-9-09.pdf CONTINUED Vice Chair Spence -Jones: We're moving on to BC.10. Priscilla A. Thompson (City Clerk): That -- appointment for the Finance Committee. Commissioner Regalado: Eli Feinberg. Ms. Thompson: Now on that one, Commissioner, Mr. Feinberg has served since 1998, so he would need a five five unan -- Commissioner Regalado: Okay. Ms. Thompson: So -- Commissioner Regalado: Then I'll defer. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Okay. Any other appointees to that board? Commissioner Gonzalez: No. That's it. Ms. Thompson: That was it. BC.11 09-00590 RESOLUTION City of Miami Page 68 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ruben Valdez Commissioner Angel Gonzalez Alexander Reus Mayor Manuel A. Diaz (for a term ending 6/10/10) 09-00590 memo 6-11-09.pdf 09-00590 members 6-11-09.pdf 09-00590-Submittal-Memo-Mayor Diaz.pdf 09-00590-Submittal-Memo 2-Mayor Diaz.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0288 A motion was made by Commissioner Gonzalez, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez absent, to appoint Alexander Reus and Ruben Valdes as members of the Mayor's International Council; further waiving the residency requirements in Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Carmenza Jaramillo as a member of the Mayor's International Council, whose appointment took place on May 14, 2009. Vice Chair Spence -Jones: Okay, so let's move on to BC.11. Commissioner Gonzalez: I'll reappoint -- oh, I'm sorry. It's not my appointment. It's the Mayor's. Vice Chair Spence -Jones: Is the Mayor the only one that has an appointment to this? Priscilla A. Thompson (City Clerk): No, no. On BC.11, which is the Mayor's International Council, Commissioner Gonzalez has an appointment and the Mayor has an appointment as well, which he's not proffered. And then I need to request a residency waiver for one of his appointments. Commissioner Gonzalez: Okay. I'll reappoint Ruben Valdez. Ms. Thompson: Ruben Valdez. I'm sorry. I need -- I'm corrected. The Mayor has proffered the name of Alexander R-E-U-S, Reus. Okay. Commissioner Gonzalez: Move the Mayor's appointment. Ms. Thompson: And then Carmen [sic] Jaramillo needs a residency waiver. She was appointed the last meeting by the Mayor, but we came back -- when we got our information, she was not a resident, so she needs that waiver to be granted by the Commission. Commissioner Regalado: Okay, so you want to do everything in one or --? City of Miami Page 69 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Ms. Thompson: I'm fine with that. Commissioner Regalado: Huh? Ms. Thompson: That's fine with me. Commissioner Regalado: Okay, so I'll second Ruben Valdez and the Mayor with the waiver for the lady. Ms. Thompson: The residency. Thank you. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right. This item passes. BC.12 09-00592 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00592 memo 7-9-09.pdf 09-00592 members 7-9-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Marc David Sarnoff Commissioner Tomas Regalado CONTINUED Vice Chair Spence -Jones: We're going to move on to BC.12. Priscilla A. Thompson (City Clerk): Vice Chair, you have two appointments there, two vacancies, and Commissioner Sarnoff, you have one appointment. Vice Chair Spence -Jones: I'm deferring mine. Commissioner Sarnoff. I'll equally defer. Ms. Thompson: I'm sorry? You're deferring as well? Commissioner Sarnoff. I'll defer as well. Ms. Thompson: Thank you. BC.13 09-00415 RESOLUTION City of Miami Page 70 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: of the Mayor's International Council of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: of the Miami -Dade County League of Cities of the Florida League of Cities of the Greater Miami Convention and Visitors Bureau of the Metropolitan Planning Organization (MPO) of the Miami River Commission of the Miami -Dade County Tourist Development Council 09-00415 memo 6-11-09.pdf 09-00415 History 6-11-09.pdf DEFERRED City of Miami Page 71 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Note for the Record: Item BC.13 was deferred to the second City Commission meeting of November, 2009. Vice Chair Spence -Jones: Okay, so we're going to move on to item number -- Priscilla A. Thompson (City Clerk): BC.13. Vice Chair Spence -Jones: -- BC.13. This is a listing of all of the members in the boards. Ms. Thompson: Yes. Vice Chair Spence -Jones: I know that District -- the Chairman is not here, so maybe you want to wait a couple of minutes? I'm not -- I don't know if you want to wait for a few minutes. So we may just go 'head [sic] and take up DJ.2 [sic], and then our blue pages. And if he's not here by then, then we'll just go 'head [sic] and take up the rest. Ms. Thompson: Thank you. [Later...] Chair Sanchez: All right. Last item on the agenda is BC.13, and that's the Commissioners as board of -- members of the board, which is -- Commissioner Gonzalez: What I -- Chair Sanchez: -- (UNINTELLIGIBLE) appointment. Commissioner Gonzalez, you're recognized for the record. Commissioner Gonzalez: -- suggest on this item is that we leave everything the way it is because we are about four months away from an election where there could be two new Commissioners sitting on the dais, and then there will be a lot of reappointments to the different boards. That's my personal opinion. I'm willing to do whatever my colleagues decide to do, but -- Chair Sanchez: Not to take into consideration that we're in the process of preparing budgets for these boards, I mean, taking some serious decisions on the board [sic], so it's up to the will of this legislative body as you want to handle. We could -- Commissioner Gonzalez: Whatever you all want to do -- Chair Sanchez: -- take it up -- Commissioner Gonzalez: -- is fine with me. Chair Sanchez: -- the second meeting of November, once the election is over, and that way -- it's fine with me, however you want to handle it. Commissioner Sarnoff That's fine. Chair Sanchez: All right, so that's exactly what we'll do. We'll go ahead and make the appointments after the elections, that way we don't interfere with the stability and the process that we're following now on all those boards as we prepare for the budget. Okay, so that item is going to be -- Madam -- what is it, continued to the second meeting of November? Priscilla A. Thompson (City Clerk): It's actually going to be deferred to -- City of Miami Page 72 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: Deferred. Ms. Thompson: You said the first or second, which one? Chair Sanchez: The -- Pedro G. Hernandez (City Manager): Second. Chair Sanchez: -- second meeting of November. Commissioner Regalado: There is only one meeting in November. Ms. Thompson: At this point in time, the only meeting scheduled in November -- I'm sorry. There are two meetings scheduled -- Chair Sanchez: There are two meetings in the schedule. Ms. Thompson: -- November 12 and 26, but the 26 is Thanksgiving. Chair Sanchez: We always move it. Ms. Thompson: Right. Chair Sanchez: And if -- we always try to combine it, but in this case, maybe with those facts that -- the decisions that you're going to have to make, maybe you'll have two meetings and will be able to determine who will be the members of those boards -- Ms. Thompson: So you want -- Chair Sanchez: -- all for the sake of stability. Ms. Thompson: So we're deferring to the second meeting in November, whatever that date should be? Chair Sanchez: Yes. Ms. Thompson: Thank you. Chair Sanchez: Okay. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DI.1 09-00452 DISCUSSION ITEM Department of FINANCIAL STATEMENT PRESENTATION BY THE EXTERNAL Finance AUDITORS FOR THE YEAR ENDED SEPTEMBER 30, 2008 COMPREHENSIVE ANNUAL FINANCIAL REPORT. 09-00452 Summary Form.pdf 09-00452 City of Miami Management Letter- FY2008.pdf 09-00452 FY 2008 City of Miami Comprehensive Annual Financial Report.pdf 09-00452 City of Miami - Single Audit -FY 2008.pdf DISCUSSED City of Miami Page 73 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: Why don't we get the -- get your item up. That's DI 1, which is the comprehensive annual financial report. All right, let's get that item -- Vice Chair Spence -Jones: Mr. Chairman, is that our last item before we break? Chair Sanchez: Well, it could be, and we'll be back at 2 o'clock. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. Back at 2 o'clock. But -- Georgia Jones Ayers: (INAUDIBLE). Chair Sanchez: What is your item, ma'am? Ms. Jones Ayers: May I? Chair Sanchez: No, no. Just -- what item would you like to hear? Ms. Jones Ayers: Okay. You see the shirt I have on? When the riots start in Miami, I don't -- Chair Sanchez: Okay, okay, okay. Wait, wait, wait, wait. Ms. Jones Ayers: No. I've got nothing negative. Chair Sanchez: No, no, no. Ms. Jones Ayers: Everything is positive. Chair Sanchez: Okay, 2 o'clock, your first item -- you're the first person after 2 o'clock, first item after 2 o'clock. Ms. Jones Ayers: (INAUDIBLE) come back at 2? Chair Sanchez: Yes. Ms. Jones Ayers: All right. I'll come back. Donnovan Maginley: I thinkDiana's going to go first. Diana Gomez (Director, Finance): Yeah. Mr. Maginley: Okay. Ms. Gomez: Diana Gomez, Finance director. This is a discussion item in accordance with the financial integrity principles. I'll be presenting the comprehensive annual financial report for the year ended September 30, 2008, which was issued on March 30, 2009. The focus of this presentation is on the results of operation for fiscal year 2008, and this presentation will be limited to those actual results. The integrity ordinance also requires that the single audit and management letter be presented by the City's external auditors. The City's auditors are here and will answer any questions you have regarding the findings and recommendations. Okay. When we look at the financial statements, the City received an unqualified opinion or clean opinion for the fiscal year 2008 audit. The opinion -- this opinion is the highest level of assurance that the financial statements are free from material misstatement. The financial statements were issued -- this year, the financial statements were issued on time. You recall in the previous several years City of Miami Page 74 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 we had been late in issuing the financial statements. However -- and that was due to a lack of adequate personnel, as well as the financial systems implementation that we were dealing with. This year, though, we did -- we were able to issue timely because we were granted additional positions, as well as the system is operational. We have submitted our financial reports to the GFOA's (Government Finance Officers Association) Excellence in Reporting certificate program, and we are anticipating to receive that honor again this year. The unqualified opinion and the timely issuance of the financial statements assisted the City with maintaining its bond rating. We recently hosted all three agencies -- rating agencies, and they reaffirmed the City's bond ratings. All three noted -- all three of their aiding agencies noted strong financial management practices as a basis for maintaining the current rating. Additionally, we were able to sell the last series of the Homeland Defense bonds last -- a few weeks ago, and those bonds sold without insurance. That represented a -- an immediate cash savings of $670, 000 to the City, and the interest rate was at 5.096. Okay. When looking -- when reviewing the financial statements -- we start at the fund level financial statements. Page 17 shows the statement of revenues, expenditures, and changes in fund balance. The focus for the purpose of this presentation is on the general fund only, as of September 30, 2008. For September 30, revenues totaled $472 million, which is down slightly from the prior year. Expenditures totaled 525 million; again, down slightly from the prior year. And transfers -- other financing sources, transfers, in and out, total of 46 million, which was increased from the prior year. Fund balance decreased for fiscal year 2008 by 6.9 million. This decrease in fund balance was due primarily to expenditures in excess of original budgets. Decrease was offset by increasing transfers into the general fund from capital project funds, unused general fund contributions, public services tax, special revenue fund, and recovery of indirect costs from other special revenue funds and capital project funds. The ending fund balance for the general fund at September 30, 2008 was $93, 577, 448. When we look at the balance sheet, on page 15 of the CAFR (Certificate of Achievement in Excellence for Financial Reporting), again, the focus is on the general fund Assets for the year total $162 million, which is decreasedfrom the prior year mainly due to reduction in actual cash on hand at year end. Liabilities for the year totaled 68.4 million, which decreasedfrom prior year mainly due to the reduction of accounts payable on hand at 9/30. The fund balance -- when you look at the fund balance, fund balance includes three sections, reserve fund balance, unreserved designated fund balance, and unreserved undesignated fund balance. Reserve fund balance includes amounts reserved for prepaid expenses and a Building Department reservation in the current year. This amount represents amounts collected in excess of expenditures which must be reserved and used for the Building Department operations in subsequent years. Unreserved undesignated fund balance total 44.6 million, which is available to meet future needs of the City. This amount also meets the financial integrity requirement, which is the 10 percent of the average three years of revenue set aside in unreserved undesignatedfund balance. In unreserved designated fund balance, this amount includes also amounts that are available for subsequent years, and this -- I'm sorry. Commissioner Sarnoff. Can I ask a question? When you say "unreserved undesignated fund balance" and it is available to meet the future needs of the City, does that take into account that we have to keep a certain amount in reserve? Ms. Gomez: Right. That's -- what I'm saying is 44.6 percent -- $44.6 million is the amount that we've put into the category "unreserved undesignated," which meets the 10 percent requirement for that particular category. The unreserved, designated fund balance also has the same requirement, and which we also set aside the integrity amount. So in the unreserved designated fund balance, we had 44.3 million, and that amount is shy of the integrity ordinance by approximately $290, 000. So the combined two amounts is what the financial integrity ordinance requires us to maintain in fund balance. Commissioner Sarnoff. And for the -- for those of us that are not very good at this -- so the amount we have to keep in our fund balance, I always thought, based upon last year's projected - - last year's budget, would have been -- is it 85 or 87 million? City of Miami Page 75 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Ms. Gomez: In -- for fiscal '08 -- Commissioner Sarnoff. Right. Ms. Gomez: -- the amount was about $89 million. Commissioner Sarnoff. Eighty-nine million. Ms. Gomez: And so we made -- we have $44.6 million set aside in the category called unreserved undesignated, if you look on the CAFR. And in the unreserved designated, which is, again, unreserved, we had 40 -- approximately $44.3 million. Commissioner Sarnoff. But -- Ms. Gomez: We were shy -- Commissioner Sarnoff. -- you -- Ms. Gomez: I'm sorry. Commissioner Sarnoff. Right. You cannot go below that 89 million number. Ms. Gomez: Per the integrity ordinance. If we go below, we have to find a repayment plan. Commissioner Sarnoff. So when you use the term "available, " it's truly not available, correct? Ms. Gomez: Well, it is available, though the intent of the ordinance is to have reserve set aside so that if we ever need it in the future, we have that -- those funds available. Commissioner Sarnoff. But is that not a threshold minimum that we cannot break? Ms. Gomez: The -- that is correct. It is a -- Commissioner Sarnoff. So -- Ms. Gomez: -- desired position of the fund balance at year end. Commissioner Sarnoff. Is it desired or mandated? Ms. Gomez: Well, per the ordinance, it's statutorily -- Commissioner Sarnoff. So it's -- I don't know if it's statutory. It may be ordinance. Larry Spring (Chief Financial Officer): Our law. Commissioner Sarnoff. Right, our ordinance. Ms. Gomez: Right. So if we do fall below that -- Commissioner Sarnoff. Right. Ms. Gomez: -- it does -- the ordinance also does give a provision so that we can repay the general fund over a two-year period. City of Miami Page 76 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. What is the City's -- I'm going to use the word liability, Larry, 'cause I don't have a better word -- when they go below 89 million? Mr. Spring: Oh, you mean our -- Commissioner Sarnoff. What do we do? What happens? Mr. Spring: -- obligation? Commissioner Sarnoff. Yeah. Mr. Spring: Our obligation is to devise a two-year repayment plan to get the number back up to that level. Commissioner Sarnoff. So you can drop below it -- Mr. Spring: Yes, you can. Commissioner Sarnoff. -- for a period -- Mr. Spring: I mean, obviously, this is our own rule. It was instituted as a result of the oversight. We want to make sure we keep it in place. It is something that the bond rating agencies look at heavily in their very, I guess, appreciative -- it bodes well for us when they look at the City. I think we've just recently got some statistics from GFOA that state that, on average, cities do between 10 and 15 percent. Well, we have a 20 percent reserve, and we've been able to maintain it. So we are -- ifyou will, we are above average with regards to that. Commissioner Regalado: But, Larry, what are the -- you said that it's our own rule, but the oversight board had a specific -- Mr. Spring: No. That's what mean. When I say it's our own rule, it's our own law. We passed an ordinance that -- Commissioner Regalado: No, but the oversight board and the State mandates that we do keep -- Mr. Spring: They -- well, they recommended it, and we instituted it as a law. So it is a -- Commissioner Regalado: It is -- Mr. Spring: -- real legal obligation. And if there's any violation of it, we have to be before this Commission, declare it, and talk about what we would do. So it's not something that, you know, we could just hold to ourselves and not worry about. It would be serious ramifications, I guess, if you will. Ms. Gomez: As I mentioned, in the unreserved designated category, we did fall short by 209 -- $89,511 of the integrity ordinance. However, we believe that the intent of the ordinance was reached because if you look at the building reserve that I mentioned above, the $3.65 million, that can be used for subsequent years' general fund operations since the Building Department does reside in the general fund. So the overall intent that we have enough monies available for the use of general fund should it be needed -- or reserve for the general fund we believe that intent has been met. Over the past several -- okay, with the fund balance -- years, we have seen a decline in total general fund fund balance. This negative trend must be closely monitored as we move forward through this tough -- during this difficult economic -- economy. The next slide shows the statement of net assets, which is on page 13 of the financial statements. This is moving onto the government -wide financial statements. We -- the government -wide financial statements City of Miami Page 77 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 are presented on a full accrual basis of accounting. These finan -- they're based -- it includes significant long-term obligations, such as claims payable, compensated absences, other post employment benefits and outstanding debt. As of September 30, 2008, net assets totaled $710 million. A statement of activity on page 14 also is part of the government -wide financial statements. Some highlighted amounts for a total -- some highlighted amounts or total general revenues came in at $450 million. Charges for services were $141 million. Operating grants were $63 million. Capital grants, at 54 million, and investment earnings of 17 million. Total primary government expenditures were $737 million. Looking ahead to fiscal 2009, year-to-date results, as of March 2009, as reported in the monthly financial statements, which are distributed via e-mail (electronic) on a monthly basis shows that projections are currently reporting the fiscal 2009 deficit of $10.1 million, due primarily to a reduction in interest income of $6 million and a decrease in the governmental revenues, which is state -shared revenues and half -cent sale tax, about $3 million, and permanent revenues down about $1 million. There are -- management initiatives are currently underway to reduce the deficit by cutting expenditures for the remainder of the fiscal year. Goal is -- our goal is to end the fiscal year with a zero use of fund balance. Also coming up in fiscal 2009 is GASB(Government Accounting Standard Board)-30 -- 49, which is accounting and financial reporting for pollution remediation obligations. This statement addresses the accounting and reporting standards for pollution remediation obligations where -- which are obligations to address the current or potential detrimental effects of existing pollution on City -owned properties. The City is assessing this liability and will be able to comply with the requirements as of September 30, 2009. At this point, I would like to introduce Donnovan Maginley, director with McGladrey & Pullen, our external auditors, to comment on the audit as well as present the findings and recommendations of the single audit and management letter. Both of those reports have been provided to you during our individual briefings and where we went over each item in detail. Mr. Maginley will answer any specific questions you may have. Mr. Maginley: Thank you, Diane [sic]. Mr. Chair, Madam Vice Chair, Commissioners, Donnovan Maginley, with McGladrey & Pullen. As Diana indicated, we did perform an audit -- we're engaged to perform an audit of the City's September 30, 2008 financial statements. We completed that audit. We have issued a report thereon dated March 26, 2009. During the course of the audit, we had no difficulties. We were -- we had granted access to all personnel, access to all records that were needed in order to execute the audit. There are no -- we had no disagreements in terms -- with management. All the estimates that are incorporated in this document, we concurred with. During the year, they adopted new pronouncements, new accounting pronouncements. One that's notably -- is what's called GASB-45, which is the accounting for post -employment benefits, and that's included there. There was an actual determination as to what that exposure would be in terms of how much money needs to be accrued in order to pay for your employees after they retire from the City. So that's incorporated in the financial statements. In addition, we -- as Diana alluded to, we did do an audit for what we call the single audit, which is an audit of the federal and state grants, as consistent with the prior years. This year, we issued the report with an unqualified opinion. Last year when we did the audit, we did have a qualified opinion. The nature of the findings this year did not rise to the level that we feel would have qualified the report. However, there were some findings that we noted during the audit, which are incorporated in the document that you have in front of you. And the best way to look at this document -- in two ways; the current year's findings, and they're broken up between significant deficiencies, material weaknesses, and in the status of prior years' findings; in terms of what was corrected, what management's actions were taken in order to address the findings that we noted in the previous years. Similarly, the management letter, which is a statutory requirement from the rules of the Auditor General, we did issue that, and there are a few findings that we noted that didn't -- we don't believe rise to the level of what we consider significant deficiency or material weaknesses, but these are points that we want to bring to the Commission's attention. And incorporated in both documents are management's corrective actions in terms of what actions they're going to take in order to address the findings that we noted. With that, Ill turn it over to you to see if you have any City of Miami Page 78 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 specific questions. I don't want to go each comment by comment, but if you do have questions, we're more than happy to address the nature of these comments. Chair Sanchez: All right, questions. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Thank you, Mr. Chairman. I guess that the first question is about the grants. And what is wrong with this Administration that we cannot have a right pattern to reclaim the grants, to reimburse the grants, to get the grants timely? And you know, it's been more than -- yeah, almost five years from Wilma and Katrina. We still have pending grant [sic]. Mind you, I heard the speech of the new FEMA (Federal Emergency Management Agency) director of the state of Florida, and there is only one or two open cases, and we have the honor of being one of them in the state of Florida. Why can we not be like any other city, you know? Mr. Spring: Commissioner, I'll address, I guess, the higher overriding question, andl'll have Mario speak to the specifics of the FEMA reimbursement and where we are in that process. Commissioner Regalado: No. FEMA was just an example. There are 24 -- Mr. Spring: Right. Commissioner Regalado: -- outstanding -- Mr. Spring: Well -- Commissioner Regalado: -- (UNINTELLIGIBLE) million outstanding. Mr. Spring: -- of those monies that were sided, I know, as of to date, more than 50 percent have been collected. Ms. Gomez: Yeah. Commissioner Regalado: But corrected means that we made a mistake. Mr. Spring: No, collected. Ms. Gomez: No, no, no. Collected. As of year end at 9/30, the outstanding amount of amounts due from other governments, which include all grant reimbursements, was $58 million. As of just this week, we have -- we show that we have collected $36 million of that. So there is still outstanding some amounts due from other governments, about $22 million. However, of the FEMA amounts, we have collected 1.6 million recently of that, and there's $7.8 million that is with FEMA to be submitted for reimbursement. We have already submitted for reimbursement. It is in the process of being closed out by FEMA. Commissioner Regalado: No. I -- and the reason I'm saying this is because of the major news story in the last hour, as you know. Treasury Department gets refunded of all the money it gave through the bank -- Mr. Spring: Right. Commissioner Regalado: -- plus -- Mr. Spring: Not all, but -- Commissioner Regalado: -- 2 billion in interest. So think about how much forty -some million dollars would be in interest for the City ofMiami. City ofMiami Page 79 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Mr. Spring: Absolutely. Things to certainly keep in mind. I would speak to the, I guess, organization issue a bit. Our grants process -- our grants management process is decentralized around the City. We have several department -- our two biggest, obviously, Fire and Police, Community Development, they have the large ones, and they have the management in place in those areas. I guess over the last couple of years -- and it's been noted in the management letter and the audit findings -- that we've had some logistical issues with, you know, the timing of submittals and documenting and so on and so forth. Changes have -- you know, personnel changes and moves have been made in order to address some of those issues. And I think my last report even from Fire, we're, I think -- at the end of the fiscal year, we were due some $12 million to date -- 16? -- it was 16 million -- 16.1 million -- Chair Sanchez: Sixteen point five, unless you collected something over the last 24 hours. Mr. Spring: And we have collected 13 of that 16 million to date, so we are making great progress. Also, our Grants Department, we do -- the City does have and has had in place, since I've been here, an APM (Administrative Policy Manual) that addresses the personal responsibilities of the individual grant managers. Our Grants Department has gone out, developed additional training to, I guess, refresh and remind our employees who are in those roles of their personal responsibilities with regards to managing these grants. Andl guess the last segment of that -- and the Manager can speak to it himself -- in our directors' meetings over the last several months, he's been very clear about ensuring that those individuals are going to be held accountable and response -- and responsible and that we will move on the policy that we have in place. I think we've just been trying to allow for some time for these changes to cure and get in place, but, clearly, yes, it's an area that we need to focus on. We've been focused on it, and you know, we will continue. I guess -- again, the thing with an audit is you're going to find issues, particularly in an organization of our size. You know, we have two unqualified opinions. I think you see the progress in the audit and the management letter comments, and we will continue in that vein. This Commission has even taken steps in helping us reach that goal. Last year, because of some of the findings that were in the prior year's audit, this Commission appropriated money to hire additional folks in Finance to be able to work as liaisons to those departments and those things are happening. And you -- we are seeing the results of those things happen through right now, through this minute. So those will be my general comments and response to you. Vice Chair Spence -Jones: Any other comments on this, Commissioner Regalado, Commissioner Sarnoff? Commissioner Regalado: I don't know -- Larry -- and understand and know you mean well and Diana and everybody, but you're saying an organization of this size. Well, then I don't want even to see the audit from Miami -Dade County because, you know, they have -- Mr. Spring: I might agree with you. Commissioner Regalado: -- 29,000 employees, and how about the School Board? But the point is that, you know, we tend to say this is -- this has been fixed We need to move on, turn the page, but no one is accountable. And, I mean, you came from the private industry. Mr. Spring: Yes. Commissioner Regalado: Anybody did that in your bank -- Mr. Spring: Anybody did that -- and I'll speak to my private sector experience, and I've shared this with Diana. My goals and my standards working for a board of directors who were putting their wealth into this organization, it was a diff -- it's a different situation, different size City of Miami Page 80 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 organization. I'm sure, if you go -- and we're -- and in banking, particularly, it's regulated differently. You have somebody looking at your books every 90 days 'cause you're submitting a financial statement every 90 days. You have somebody looking at your loan portfolio every 90 days. My objective as the counterpart -- the private sector counterpart to Diana when I was in the private sector was to have zero adjusting entries in my financial statements. And ifI did have adjusting entries, I had to somehow negotiate with my auditors so that they would be past entries, past adjustment entries. So, (UNINTELLIGIBLE), yes. You -- if you pass these entries, you will have perfect financial statements, but they're immaterial, so we're not going to push it. That was the goal that I had working at a bank that was owned by primarily one person, and yes, it was nearly a billion dollars in assets. We're in the government. We're very much more decentralized. They're a lot different GASBs that apply, accounting regulations. You know, it's just a different environment. And again, I think Diana will concur, line up all of the audits over the last three or four years. Line up all the management letters, line up all the single audits. You see the progress that has been made. And one thing will say -- andl said it before -- I have not said everything has been fixed We continue to have things that need to be worked on and focused on. Even last year, I told you some of the findings that we had last year will be -- continue to be repeated until our systems implementation is finalized and everybody is trained and is working and is functioning. You know, we just -- I think our best goal right now is to show you continued improvement, that you are getting value for the dollars that you're investing, and it is reflected in what has been audited by our external auditors. Vice Chair Spence -Jones: Commissioner Sarnoff, you have any more comments? Commissioner Sarnoff I do not. Vice Chair Spence -Jones: Commissioner Gonzalez? All right, any other -- more comments? Mr. Spring: It's just a discussion. Vice Chair Spence -Jones: Okay. Pedro G. Hernandez (City Manager): Madam Vice Chair? Vice Chair Spence -Jones: Yes. You're recognized. Mr. Hernandez: IfI may real quick. I want to assure the Commissioners that Diana, Larry, myself welcome, of course, the audits because they point to issues that we need to address, and the goal is to get better each year. We're far from perfect, but we're making progress. That's my understanding. Accountability is very significant, and there was one case here where we made some personnel changes that had to be made in order to properly address a certain area that was being maybe a little deficient. So what I want to address and state on the record is that we'll continue to follow these recommendations and see how we do from here to the next year and make people accountable. If it's a process issue, like related to Oracle -- Oracle is moving forward, and once we get it in place, we'll be able to overcome some of those issues. If it's personnel -related, the appropriate actions will be taken. Thank you. Ms. Gomez: Thank you. Vice Chair Spence -Jones: Thank you. This was a discussion item, and -- Ms. Gomez: Yes. Vice Chair Spence -Jones: -- no more questions, so we'd like to officially recess. I believe the Chairman said he wanted -- we're going to make the adjustment to 2:30 p.m. instead of 2, so we should all be back at 2: 30. City of Miami Page 81 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Regalado: Okay. Vice Chair Spence -Jones: This meeting is recessed. DI.2 09-00472a DISCUSSION ITEM Office of the City DISCUSSION REGARDING THE STATUS OF THE PROPOSED VILLA Attorney MAGNA PARK. 09-00472a Email.pdf INDEFINITELY DEFERRED Vice Chair Spence -Jones: We did Dl [sic] already, right? So now we're doing D.2 [sic] now, which is the status ofMagna Park? Commissioner Regalado: Villa Magna. Commissioner Sarnoff. Yeah. I think -- Vice Chair Spence -Jones: Villa Magna. Commissioner Sarnoff. -- we should probably just defer that, Mr. Manager. Pedro G. Hernandez (City Manager): I agree. Vice Chair Spence -Jones: Okay. It's not happening, or we're just de --? Commissioner Sarnoff. It may not happen -- Mr. Hernandez: May not. Commissioner Sarnoff. -- and we may have a substitution for it, and it may turn into a different type of discussion. Commissioner Gonzalez: DI.2? Vice Chair Spence -Jones: Yeah, DI.2. Mr. Hernandez: Yes. Commissioner Gonzalez: It's defer? Vice Chair Spence -Jones: All right, so we're deferring it. Mr. Hernandez: To be deferred. Commissioner Sarnoff. Yeah. Let's defer it without a date to bring it back. Deferring it means we're not bringing it back until -- Priscilla A. Thompson (City Clerk): Six months. In six months' time, that's -- Commissioner Sarnoff. That's perfect. Ms. Thompson: -- an indefin -- okay. Thank you. Vice Chair Spence -Jones: Okay, so we're deferring D2 [sic]. City of Miami Page 82 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 END OF DISCUSSION ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00558 DISCUSSION ITEM DISCUSSION REGARDING IMPACT FEES. ARE ANY IMPACT FEES OUTSTANDING? IF YES, HOW MUCH IS OUTSTANDING? WHAT STEPS ARE BEING TAKEN TO COLLECT OUTSTANDING FEES? POSSIBLE DIRECTION TO THE CITY ATTORNEY. WHAT PROJECTS RECEIVED IMPACT FEE MONEY? NEXUS TO THE IMPACT FEE PAYEE? 09-00558 E-Mail.pdf DISCUSSED Vice Chair Spence -Jones: All right. Let's move on to our blue pages. We have no Mayor's items. We have no DI (District 1) items. I guess we have D2 (District 2), right? Commissioner Sarnoff. Yes, ma'am. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff. D2.1, Mr. Manager, we'd requested some issues to you regarding impact fees and the City's non -- inability or non -ability to receive these impact fees. I wanted to learn a status update on exactly who it is has not paid the impact fees, what actions we have taken, and where we find ourselves, and why did we not get these impact fees. Pedro G. Hernandez (City Manager): Commissioner, I know that in the past we have submitted information regarding the impact fees, total collected, total expenditures. This is something above and beyond that that you wanted, right, that we haven't provided to you? City of Miami Page 83 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. Well, I want to go on the record -- I mean, I -- what you give to a Commissioner in private is nice, but what I'd like to put on the record for everyone to see is how have we done picking -- how have we done -- There was a period of time, correct me if I'm wrong, that we did not collect our impact fees in the proper amounts. Mr. Hernandez: I understand there may be a case in which they were not collected. Commissioner Sarnoff. Well, I believe there's three hundred and thirty -something thousand dollars in impact fees which have -- Mr. Hernandez: Orlando. Orlando Toledo: Commissioner -- Orlando Toledo, senior director of Building, Planning & Zoning. Back in '05, there were some impact fees that were not correctly collected. It wasn't a matter of why aren't we collecting the right impact fees. Just certain companies or certain individuals in Department of Zoning were not actually putting the correct numbers. Commissioner Sarnoff. All right. And that number came to $337, 719.34? Mr. Toledo: No. Actually, the amount was 1.082 million. And out of that, we collected $958, 227.69, and that's the remainder. The remainder of it right now is $337, 719.34. Commissioner Sarnoff. Okay. And this is -- I'm looking at a memo that appears to come, I suspect, from your office, dated February 19, 2009. Mr. Toledo: Yes. Commissioner Sarnoff. So now that we're about June 19 or close to it, that's about six months later, where do we stand on collecting the $337, 000? Mr. Toledo: We're still at the 337. Commissioner Sarnoff. I'm looking at a number of the contractors here who'd not paid. Mr. Toledo: Yes. Commissioner Sarnoff. A number of these contractors are viable contractors. Mr. Toledo: Yes, they are. Commissioner Sarnoff. What are we doing to collect from the viable contractors? Mr. Toledo: What we're doing is -- right now Finance is continuing to send letters out so that we try to connect -- I mean, try to actually collect. And if not, then the Legal Department will go after 'em [sic]. Commissioner Sarnoff. What -- Madam City Attorney, what's the statute of limitation on the collection of these? Julie O. Bru (City Attorney): It's four years from the date that the fee was due. Commissioner Sarnoff. So if this is an '05 problem, are we not risking a statute of limitation? Ms. Bru: Yeah. In some of these -- in each of these, you have to look at on a case -by -case basis 'cause these all have different dates when the permit was issued and the incorrect fee paid. But City of Miami Page 84 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 some of these, yes, with respect to actual attempt to collect through the judicial process, we may be barred by the statute of limitations. Commissioner Sarnoff. So wouldn't we be better suited to start filing suits versus letting our statutes run? Ms. Bru: At this point, when we were first contacted to try to see what we could do about these, we have looked at what they have done informally through the collection process, and in my opinion, they've done a very good job because even some of the ones that perhaps we wouldn't have been successful in in court, they've been able to get. But we are looking at each of them on a case -by -case basis, and those which they are unsuccessful with respect to the demand letters, we can file the action as soon as possible if you go ahead and authorize me formally now to go ahead and do that. Commissioner Sarnoff. Well, you know, this is $337, 000, and you know, what do they say, good enough in horseshoes and government. Why don't we collect the next $300, 000 and just see where we are? I mean, I'm noticing the $121, 000 that's owed is from a viable company. Another company that owes $86, 000 is a viable company. Another company that owes -- well, there's two more companies that owe, collectively, another $40, 000, is a viable company. I don't know all the companies, but the gravamen of the $337 -- $7,000 is -- are companies that are still doing business in our town. So I think it's -- I mean, how much money do you need authorized, or what do you need? Ms. Bru: Actually, we have already been working with the Department on this. And, you know, for those -- and we're looking at it on a case -by -case basis. Those that have not been barred, we will file legal action on to collect. Andl don't think really need, you know -- I mean, I've gotten -- I believe that this matter has already been requested by the Administration, so you know, this is sort of like just to update you on what we're doing. But again, I think that because of the time issue, the collection efforts that are being done through the agency that was retained was probably the best way to have handled it because we really didn't start until kind of late, you know, in the game, so -- but we will take all required legal action as to those that we can still file the suit on. Commissioner Sarnoff. Yeah. I hear what you're saying, but when I'm handed a memo of February 19, 2009 and it's June of 2009 and you're at the same place, can we either get an update to this memo that demonstrates what is no longer viable and can we get a memo update as to how you're proceeding on the viable ones? Ms. Bru: Well, you know, Commissioner, the only thing is I don't want to put anything in writing that jeopardizes our demand letters, so -- I mean, you know, some of these, we're still demanding and we're still getting paid even though, legally, you know, we might have been barred from walking in through the court door. But, you know, we can update you. We will send you an update. And as to those that are still viable, we'll go ahead and file actions to collect. Commissioner Sarnoff. Yeah. I understand. I hear you say that we're getting paid, but again, I'm looking at something on February 19. It's now June and I'm being told the number's the same. So, obviously, we haven't been paid in five months or so. So I just -- I don't think the cat's out of the bag on this one. Either we write it off we know what we're going to do, or we file suit. Mr. Toledo: Just to clear up the record. Commissioner, number 14 does continue to pay the $2, 000 monthly -- Commissioner Sarnoff. Okay. Mr. Toledo: -- so that number has reduced -- City of Miami Page 85 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. Okay. Mr. Toledo: -- in those, okay. Commissioner Sarnoff. Okay. Mr. Toledo: Just to clam. Everybody else is still in the same boat. Commissioner Sarnoff. Okay. Well, there's an update. Chair Sanchez: But on that, I think the question is are we pursuing every avenue to collect the money? Mr. Hernandez: Mr. Chairman, yes. Either through demand letters that have been successful -- Chair Sanchez: And if not, we're taking legal action? Mr. Hernandez: -- or now -- and if not, legal action. Chair Sanchez: Any other questions on the impact fees? Commissioner Sarnoff. No. I'm going to bring this back up for discussion in 60 days on a different issue. Thank you. Chair Sanchez: All right. D2.2 09-00512 DISCUSSION ITEM DISCUSSION REGARDING OFF -DUTY POLICE ASSIGNMENTS. WHO GETS THE ASSIGNMENTS? WHO DECIDES WHO GETS THE ASSIGNMENTS? WHO IS RESPONSIBLE FOR THE OFF -DUTY OFFICERS? WHO GETS THE COMPENSATION? VOLUNTARY USE OF OFF -DUTY OFFICERS. REQUIRED USE OF OFF -DUTY OFFICERS. 09-00512 Email . 6-11-09pdf 09-00512-Submittal-Memo-City Manager.pdf DISCUSSED Chair Sanchez: Okay. Getting back -- we have two more items, I think, that are left. We have the Commissioners as board -- members of boards. Vice Chair Spence -Jones: We haven't finished our blue pages, right? Chair Sanchez: Our blue pages. Vice Chair Spence -Jones: You have another one. Chair Sanchez: You have another blue page? Commissioner Sarnoff. Yeah, two more. Chair Sanchez: Oh, okay. City of Miami Page 86 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. Yeah. Chair Sanchez: All right, so -- Commissioner Sarnoff. The second one was a discussion item on off -duty police officers. And what I'm trying to get is an understanding as to how it works, and equally, if you wouldn't mind, the payment of cash. Deputy Chief Frank Fernandez: Good afternoon, Commissioner. Frank Fernandez, deputy chief Miami Police. Yes, sir. Commissioner Sarnoff. I -- yeah. Chief I was trying to find out if you could just give a broad, brief discussion regarding how you get off -duty police assignments and the use of cash. Deputy Chief Fernandez: The use -- I'm sorry, sir? Commissioner Sarnoff. Cash. In other words -- Deputy Chief Fernandez: Catch? Commissioner Sarnoff. -- people being -- the police officers being paid in cash. Deputy Chief Fernandez: Oh, cash. I'm sorry, okay. We have a system, an IT (Information Technology) system called Off -Duty Track. It's programming that was designed by our IT Department in the City. It tracks all of our off -duty jobs, both permanents and special events. That's housed in our special events offices at Grapeland Heights substation. The officers can go on line from their laptops in their car or from a desktop computer and sign up on jobs that come up, whether it's a special event or a temporary job. There are three types ofjobs. There are permanent jobs. That could be a job that's assigned to, for example, Publix. That's an ongoing job, for example, there. Walgreen's or CVS (Consumer Value Stores) -- Commissioner Gonzalez: Sedano's. Deputy Chief Fernandez: -- Sedano's, that's another one, thank you. Those are permanent jobs. Those are -- they have a coordinator assigned to that job, so the off -- the coordinator officer will be responsible to make sure that he collects all the surcharges, does the scheduling for that job and is responsible in reporting back to the special events office. Those jobs are not tracked in the special tracking system that we have, or Off -Duty Track, because they're permanent. The temporary jobs could be something like Public Works, a construction company closing down the street, that they come to the special events office and request to have an off -duty officer protect the street or whatever it may be, or for a construction concrete pour. Those jobs are posted online. The officers go online and sign up, and it's as simple as that. The third part or the last part we have is a special event. That had to do with government entities or public roadway, a special event in the City or a government facility, such as the AAA (American Airlines Arena) or the PAC. That they post on the actual Off -Duty Track and the officer sign off there. As it relate cash jobs, we encourage every person requesting an officer to pay them by check. And if it's a special event, we go through the City Finance Department. We've recently done that for better tracking system, whereby they come to the Police Department, they request what special event they want to have in the City. We give them the budget. Once we finalize the budget, they go over to the Finance Department. They pay the Finance Department. Finance Department sends out an e-mail (electronic) to go and provide the services, and they get paid through a company called ADP (Automatic Data Processing). ADP is a payroll company that pays checks out to the officers for these special event jobs. City of Miami Page 87 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. Is there ever a circumstance, chief where police officers accept cash? Deputy Chief Fernandez: They're not supposed to accept cash. There are some circumstances -- I shouldn't say they're not supposed to. I should say that we encourage the persons requesting the officers to pay 'em by check, but there could be some circumstances that they can be paid cash. Commissioner Sarnoff. Do you condone police officers refusing checks and only accepting cash? Deputy Chief Fernandez: No. Commissioner Sarnoff. So if that's occurring, that would be against company policy? Deputy Chief Fernandez: We don't have a policy right now that says you can't accept cash. Again, we tell promoters to pay them by check, but there are -- I'm sure there are some events out there that -- not events, but the temporary jobs that may get paid in cash. Commissioner Sarnoff. Wouldn't you think it'd be a good policy to establish that people, certainly when they're offered a check, that they must accept it? Deputy Chief Fernandez: I'm not sure what the question is, but if you're saying that the officer -- Commissioner Sarnoff. Wouldn't you think that's a good policy to implement? Deputy Chief Fernandez: To accept a check instead of cash? Commissioner Sarnoff. Yes. Vice Chair Spence -Jones: But it all depends on what kind of check, though, right? Deputy Chief Fernandez: I'm sorry? Vice Chair Spence -Jones: Because a cashier's check, I'm sure you're -- you don't mean personal check, right? Commissioner Sarnoff. Well, I -- Vice Chair Spence -Jones: 'Cause after they've worked for five hours -- Commissioner Sarnoff. I understand your point being that the person may -- the check may not be good, but I -- Vice Chair Spence -Jones: No. I think you definitely should have -- I'm sorry. I'll let you finish. Commissioner Sarnoff. No, it's okay. Go ahead. Vice Chair Spence -Jones: Go 'head [sic]. Commissioner Sarnoff. Go ahead. I don't mind. Commissioner, I don't mind. Vice Chair Spence -Jones: No. I mean, I think -- I don't know if anybody else knew -- I never knew that officers took cash. Deputy Chief Fernandez: They could. I mean, they -- and there's other ways too. I mean, they City of Miami Page 88 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 could pay them by check, and it could be at Sedano's, for example, and Sedano's may cash the check for them right there. So that's what I'm saying. It's like -- maybe they get paid by check, but when they get there, they'll pay them cash in exchange for the check because it's the same company check, if you will. Commissioner Sarnoff. The reason I'm bringing this up is there have been a number of special events where the police officers would only accept cash in the Grove, and I'm just curious what your policy is on that. Deputy Chief Fernandez: That's -- this is the first hear of it. If you give me some specifics, I'll be more than happy to follow up. I've never heard that before that an officer will not accept the job. I mean, the officers are willing to work. They do a good job of it. I've never heard an issue come up where an officer will not accept a job unless it's cash. To be straightforward -- Commissioner Sarnoff. Well, I'm not saying -- Deputy Chief Fernandez: -- I've never heard that before. Commissioner Sarnoff. I think when they get there -- andl take it they haven't been paid yet -- they will only accept cash. Deputy Chief Fernandez: First I hear of this. Commissioner Sarnoff. Okay. Deputy Chief Fernandez: I know that in the past, Commissioner, we've had circumstances where companies have paid the officers by check and the check bounced. Commissioner Sarnoff. Right. Deputy Chief Fernandez: And then when the officers went back to work that second job again, they've told the company, listen, I can't accept your check. The last time it bounced and it was -- took me months to recover my, you know, payment. We haven't had that problem with the frequency that we used to have it, and we vet out a lot of these companies better now than we have before. Commissioner Sarnoff. And just with regard to the assignments, is it a first come, first serve basis? Deputy Chief Fernandez: The assignments are first come, first serve, with the exception of special assignments, such as bicycle detail, where it could be, for example, the arena. There are specific functions that are -- have to occur on the floor of the basketball game, so we want to make sure that officers that are experienced there work those specific jobs, or it could be also the coordinators that work out of the special events office, if they coordinated that special event, they're going to be the ones working that job. Commissioner Sarnoff. Thank you. Vice Chair Spence -Jones: Can I just ask a question, 'cause I didn't know that you guys took cash. I thought it was only cashier's checks or something to that -- So how do you manage, chief when an officer -- first of all, can the promoter give the officer a tip? Deputy Chief Fernandez: A tip? Absolutely not. Vice Chair Spence -Jones: So -- but how do you determine like -- let's say the officer worked for City of Miami Page 89 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 five hours and he's due this amount of money. Let's say the promoter decides to give him that amount of money but says, hey, I thought you did a great job or you really helped me out a lot on this event and they decide to give them additional money. How -- Deputy Chief Fernandez: Not acceptable. Vice Chair Spence -Jones: Is that in the policy for them not to do that? Deputy Chief Fernandez: Yes. They cannot accept that. Vice Chair Spence -Jones: Well, how do you determine if they're accepting it or not? Do they get a receipt? Deputy Chief Fernandez: No, we don't. I don't know. If that's happening, I don't know that it's happening. Vice Chair Spence -Jones: No, I don't. I mean, I didn't know it was happening. Deputy Chief Fernandez: That would have to be a promoter -- Vice Chair Spence -Jones: Only way this is brought up because you mentioned it in this item. I'm just -- what are the control factors that are put in place to make sure it doesn't happen? Deputy Chief Fernandez: I don't recall any recent -- in the last three or four, maybe five years, any instance where an officer has taken a tip. I've never heard of that before to tell you the truth. Could it happen? It could. I don't recall it happening in the last four or five years. The control mechanism that we have is that the promoters, the person requesting the officers, knows specifically what the charges are. Vice Chair Spence -Jones: Okay. Deputy Chief Fernandez: And there's a sheet that we give to them saying, look, these are the hourly charges. These are the surcharges that you have to pay, so they know what they have to pay. If they go -- Vice Chair Spence -Jones: So they -- Deputy Chief Fernandez: -- above and beyond that, then they're clearly doing it on their own -- Vice Chair Spence -Jones: So it's okay for -- Deputy Chief Fernandez: -- accord. Vice Chair Spence -Jones: -- them to do it, though? It's okay for them to do it? Deputy Chief Fernandez: No, it's not okay. Vice Chair Spence -Jones: Okay. Deputy Chief Fernandez: The officers will get paid for the hours that they work and all of the hours that they work and they pay the surcharge to the City for the expense and the wear and tear of the equipment that we use to provide that extra service. Vice Chair Spence -Jones: Okay. I just was curious. Okay. City of Miami Page 90 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. Thank you, chief. Commissioner Regalado: Chief a question here -- Deputy Chief Fernandez: Yes, sir. Commissioner Regalado: -- on the process. I have -- I was told that a company wanted some police off duty, so they had to go to one place then to MRC (Miami Riverside Center) then back to the place. In that case, it was in Commissioner Gonzalez, you know, substation in the northwest. They wanted to do a special event, a filming. And they went there -- they told -- at the NET (Neighborhood Enhancement Team), they went -- you have to go there. They did -- so they had to go pay the special permit at MRC, and then, with the receipt, come back to the police station in order for them to get the off duty because they were told that they didn't have a credit card machine. And the people were really upset because they said with the traffic and all -- you know, they spent the whole day going back and forth. So I don't know. It's not your issue, but I'm just asking here if you can make it easier for the people. I mean, after all, this is money that the police officers are going to make. Deputy Chief Fernandez: Commissioner, let me answer a part of that question is that we've put in checks and balances in place now to ensure the highest level of accountability on the part of the City. We no longer accept cash or money, if you will, at the special events office. We're only requesting to receive what services they want from the Police Department. Then they go to Finance, as you were saying, over at the MRC, and they pay there. Once they pay, they'll give us a voucher, or we get authorization from Finance to provide the service. Commissioner Regalado: Right, but that's -- Deputy Chief Fernandez: So it goes straight to Finance. Commissioner Regalado: -- not the issue. The issue was that they were told that did not -- they did not had a budget for a credit card machine. The people were -- they had credit card, you know, authorized credit card. It wasn't cash. So they were told, oh, we don't have a budget, so we don't have a credit card machine, so you have to go to MRC. You pay, you get your receipt. You come back, and then you pay. So it's just a matter of simplifying things. Mr. Hernandez: Commissioner, I agree. I think that I heard of one case where the person actually had to go to the MRC, pay, and then go back. And in talking to Diana Gomez here from Finance, we're in the process of instituting improvements to facilitate those things so people don't have to go back and forth. I think that the payment should be at Finance, but if it's a way that we can electronically communicate so people know that they have paid so they don't have to go back, we'll try to institute that. Diana Gomez: Diana Gomez, Finance director. We are in the process of trying to implement the point of sale cashiering systems and credit card acceptability in all the NET offices and wherever we would need to have -- have a need to collect payments. But currently -- you know, that's part of the expansion of the land management system, as well as the ongoing expansion of the ERP/Oracle system. So we are in the process of doing that. We're just -- haven't gotten to all the locations yet. Vice Chair Spence -Jones: I just have one comment on the cash thing. Maybe I'm just stuck on the cash thing. Okay. Diana -- can I -- first of all, chief this is before -- this has been going on long before you even got there, correct, the cash thing? Deputy Chief Fernandez: The cash thing has been historical in the department, yeah. City of Miami Page 91 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Vice Chair Spence -Jones: So it didn't come -- this is not -- Deputy Chief Fernandez: No, no. Vice Chair Spence -Jones: -- this is something you kind of inherited? Deputy Chief Fernandez: This has been going on since the -- since time immemorial. I mean, that's not -- that's the way business has been done. Vice Chair Spence -Jones: I have another question then because I know special events, you guys provide the same service as Fire does. Fire -- chief do they pay the -- do we -- at these special events -- 'cause, you know, I was very much a part of the special events department andl never recall -- honestly, I never remember the officers getting paid cash. So, you know, to know that they do get paid cash, my question is, does Fire also get paid cash? Deputy Chief Maurice Kemp (Fire): Maurice Kemp, deputy chief. No, Commissioner. Everything -- all the off -duty work in the Fire Department is done through City payroll. The vendor pays the City and the Fire Department pays our employees. Vice Chair Spence -Jones: But -- so, I'm just curious. Why haven't we implemented the same type of system? 'Cause it's never come up? Deputy Chief Fernandez: Commissioner, it's never come up. I mean, as you mentioned before, that's -- Vice Chair Spence -Jones: What made you bring it up? That's what I'm -- curious. Commissioner Sarnoff. I was getting complaints from people -- Chair Sanchez: They (UNINTELLIGIBLE) cash. They didn't want to get paid with checks. Commissioner Sarnoff. Right. No. I was getting -- Vice Chair Spence -Jones: Who, the officers? Commissioner Sarnoff. -- complaints from people that they only would accept cash, and if you couldn't get cash right then and there, the cop would walk away. I learned -- and I'm very glad you brought it up -- that Fire does it very differently. Andl have the same question you're bringing up now. Thank you for bringing it up. It's better suited from you than from me. Vice Chair Spence -Jones: No. I was just curious. I mean -- Deputy Chief Fernandez: The Fire events, I'm sure, may be a little bit different than ours. I mean, we have a significant amount of off -duty jobs that are road closure and things of that nature that would be more prone to the cash jobs. Historically, we used to have more cash jobs than we have now, if at all. We don't think we have many, if at all, because we're telling them to pay by check, but do we have checks and balances in place to ensure they're not getting cash in lieu of a check? No. Vice Chair Spence -Jones: Is that something that you would recommend? Deputy Chief Fernandez: It hasn't become an issue for us, I mean, so far, in terms of -- this is the first hear about tips or about an officer not accepting a job because, you know, they only accept cash. I'm wondering if in this particular case , did the officer have an experience prior that the check bounced 'cause I know we've had those in the past and they didn't want to go City of Miami Page 92 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 through it again, (UNINTELLIGIBLE) can you pay us cash. That's about the only thing I've seen historically that has occurred to the officers. In one particular case, some of the officers spent almost a year trying to recover funds from an individual that paid and the check bounced. Vice Chair Spence -Jones: Okay. That's all -- the only question I had, chief. And you would be open to it if there was a system put in place to address that if it seems that there's some sort of abuse that's coming along with it? Mr. Hernandez: Commissioner, I would say that we would love to have no cash involved at all, period. Vice Chair Spence -Jones: I know. That's what I'm saying. I know -- Mr. Hernandez: So -- Vice Chair Spence -Jones: -- am I the only one sitting up here being okay -- like it's -- I mean, Commissioner Gonzalez, is--? Commissioner Gonzalez: Well -- Vice Chair Spence -Jones: If it's nothing, then it's okay, but it just seems like -- Commissioner Gonzalez: My -- no, no. I don't have a problem with that. My only concern is that, you know, what I want to make sure is that if a job is assigned to a police officer -- if an off -duty job is assigned to a police officer and the City is the one that is going to be collecting the fee through a check, I want to make sure that if a check bounce, the police officer gets paid and then the City -- you know, that becomes the City's problem to recoup the money. Vice Chair Spence -Jones: Yeah, but -- Commissioner Gonzalez: But I don't want a police officer spending ten hours on the sun -- Vice Chair Spence -Jones: Right. Commissioner Gonzalez: -- directing traffic for a company, and then at the end of the day, you know, I'm sorry. You're not going to get paid because the check bounced. You have to wait until we clear the check, you know. Vice Chair Spence -Jones: Well, I'm saying, but a cashier's check. It would clearly be a cash -- Commissioner Gonzalez: No. Cashier's check, I don't have a problem. Like I said, once again, I want to make sure that the police officer that is out there -- Vice Chair Spence -Jones: Yeah, no. I agree. Commissioner Gonzalez: -- you know, gets his fee. Vice Chair Spence -Jones: No. I agree. Ms. Gomez: Diana Gomez, Finance director. In those events where the -- there is an event where the promoter will be paying the City for officers on duty or off -duty work, the officers get paid even if that check bounces. Chair Sanchez: Yep. City of Miami Page 93 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Gonzalez: All right. Ms. Gomez: We then have to go after that promoter or whatever to try to get the funds back, but the officers will get paid. Vice Chair Spence -Jones: Okay. That's in the instance that they're paying the promoter a check. Commissioner Gonzalez: Yeah, but that's not what I -- Ms. Gomez: When the promoter gives the City a check. Commissioner Gonzalez: -- understoodfrom the chief. I understoodfrom the chief that there was a case where they had to wait a year to collect the funds, right? Deputy Chief Fernandez: Yeah. Historically, going back, these issues did not come up to our attention. I haven't had any issues or internal affairs, if you will, of an officer collecting a tip or not working a job unless it's cash. I mean, the officer just wants to get compensated for the time he worked. You know, a good day's pay for a good day's work; that's all he's looking for. He just doesn't want to get the runaround if a check bounces. Commissioner Gonzalez: Right. Deputy Chief Fernandez: And we haven't had an issue with -- in terms of a cop actually looking for tips. The first hear of that. Commissioner Gonzalez: Yeah. Deputy Chief Fernandez: We have more checks and balances in place now than we ever had before. I could tell you that before Chief Timoney got here, there were a lot more cash jobs. What we have now is ADP that mentioned is a payroll department -- or a payroll company. We instituted that -- Vice Chair Spence -Jones: That's what I wanted to -- Deputy Chief Fernandez: -- to make sure -- yeah -- the officers would not get that bouncing check at these special events or wait months until the City got compensated. You know -- Vice Chair Spence -Jones: I think you just cleared it up. Deputy Chief Fernandez: Okay. Vice Chair Spence -Jones: I mean, we're here -- sitting here talking about it and we're thinking, wow, that's a lot of cash being given out at night. Deputy Chief Fernandez: No. The officer -- we want to make sure in those big events that they get compensated, and we've done that through ADP for that same purpose. Vice Chair Spence -Jones: Okay, so there is -- they do get checks? Deputy Chief Fernandez: They -- they'll get checks for the special events. I'm referring more to the temporary jobs that come up, you know, frequently. Chief John Timoney: Excuse me. John Timoney, chief of Police. Let me just take one more minute. When I came in in 2003 -- and Chief Fernandez has not taken enough credit for the systems he put in place -- but one of the areas that we looked at was off -duty, andl had Internal City of Miami Page 94 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Affairs go in and do an audit of off duty. We found $7, 000 in cash in the top drawer. We found a whole host of things. I was out helping direct traffic one night on Virginia Key after the Calle Ocho Festival, myself and Chief Fernandez, at one of the clubs out there. When it was over, the promoter comes out and he's ripping off money, handing it to the cops. And l just thought -- it was legitimate money, legitimate pay. I just thought it looked unseemly. And so Chief Fernandez began the process of getting a private payroll system. We pushed as hard as we could, just like the Fire Department, to get paid ahead of time. Sometimes that's not possible, but what it is today compared to what it was six and a half years ago is entirely -- Chair Sanchez: Day and night. Chief Timoney: -- different. Vice Chair Spence -Jones: Okay. Chair Sanchez: Big difference. Vice Chair Spence -Jones: It's clear now. Deputy Chief Fernandez: Very good. Chair Sanchez: All right. D2.3 09-00546 DISCUSSION ITEM DISCUSSION REGARDING GRAFFITI. ILLEGAL GRAFFITI APPEARS TO BE ESCALATING CITYWIDE. CERTAIN BLOCKS APPEAR TO BE UNDER SIEGE. WHAT STEPS ARE BEING TAKEN TO STOP THIS MENACE? HOW MUCH MONEY IS BEING BUDGETED FOR REMEDIATION OF ILLEGAL GRAFFITI? CODE ENFORCEMENT? CAN THE CITY COVER ILLEGAL GRAFFITI ON PRIVATE PROPERTY? IF YES, UNDER WHAT CIRCUMSTANCES? "BROKEN WINDOW THEORY" OF GOVERNING. 09-00546 Email.pdf DISCUSSED Chair Sanchez: Next item is -- Commissioner Sarnoff All right. Last thing -- Chief could you stay up there for a sec? Would you -- do you know what the broken window theory of policing is? Deputy Chief Frank Fernandez (Police): Yes, sir. Commissioner Sarnoff Could you tell us what it is? Deputy Chief Fernandez: It's basically wherever there is disorder and there's abandoned properties, if you will, that that's going to invite crime and invite the criminal element into a neighborhood. So, in essence, the broken window theory comes in; you have a building. They break the first window because it's abandoned. Then somebody else doesn't repair it. Somebody City of Miami Page 95 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 comes around and breaks a second window. Before you know it, the building is -- collapses, graffiti on it. Then the drug addicts will use the building for drug addiction. Before you know it, people are moving out because the neighborhood is going bad. So you try to correct these disorders as quickly as possible so that they don't lead to bigger and greater issues. Commissioner Sarnoff. So graffiti qualifies as the broken window? Deputy Chief Fernandez: Yes, it does. Commissioner Sarnoff. Graffiti also qualify as tagging? Deputy Chief Fernandez: Yes. Commissioner Sarnoff. Could you describe tagging to this Commission? Deputy Chief Fernandez: Tagging basically means that it's a group of individuals that go out there and they consider themselves -- or they could consider themselves artists, and they'll go out there and identin, different buildings and structures or -- a structure, I should say, that they put their identifiers on. It could be a name or it could be a design, such as the one you see behind you. Commissioner Sarnoff. The -- on this particular mural -- I guess it's not a mural. It's actually our "Welcome to the City ofMiami" sign. Which of these graffitied issues would you consider tagged? Deputy Chief Fernandez: The one that you're seeing now is a tag. Both of those are tags. Commissioner Sarnoff. All right. The lower left -- the -- I guess it would be your left-hand side. Is that a tag on the left-hand side? Deputy Chief Fernandez: Yes, it is. Commissioner Sarnoff. And that means that that person owns that property or a way of him saying this is my property? Deputy Chief Fernandez: It could mean that the tagging group that goes out there and does these type of things, that they're identjing that area as theirs or that they want to showcase their artistic abilities. Commissioner Sarnoff. How many police officers do we have that we dedicate towards tagging, graffiti, issues like that? Deputy Chief Fernandez: We have two NROs (Neighborhood Resource Officers) per NET (Neighborhood Enhancement Team) area that deal with all these broken window theories, one of them being the graffiti issue, so they're on top of these things day in and day out. On top of that because typically there is a correlation between tagging and gangs, not necessarily one in the same, but they could be related, we have a gang unit that also follows up with this. And within that gang unit, we have one officer that is specialized in identiing these issues. Commissioner Sarnoff. Have you seen or have you felt like you've seen graffiti increase in the past four to five months? Is there any way you could gauge that? Deputy Chief Fernandez: No. I can't really gauge it other than by perception of my commanders in community meetings. And it is their interpretation that they're seeing less citywide, but in one neighborhood, we have seen a slight increase. City ofMiami Page 96 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. What neighborhood would that be? Deputy Chief Fernandez: Little Haiti. Vice Chair Spence -Jones: Yes. Commissioner Sarnoff. You see this one right here, chief. That's directly across the street from City Hall. That used to be a four -star hotel. That's on the upper left-hand corner of the Grand Bay Hotel. I mean, my perception -- and it's only by driving around the neighborhood -- there's a huge increase in graffiti, andl don't think we're throwing enough resource at it. Andl'm not going to profess to have the answer, Mr. Manager, but it's not -- it's no longer in neighborhoods. It's on major thoroughfares. US I just went through a graffiti attack, what, 30 days ago. I don't thinkl can find in the upper northeast a single -- I don't thinkl could find a single bus bench shelter that is not graffitized [sic]. I just don't know that we're being proactive enough about this. Andl know you handed me a budget or you handed me a memorandum saying that we spend approximately $55, 000 per year, $42, 000 of labor and the rest for supplies, paint cleaners, andl think you have two men dedicated to cleaning graffiti, andl fail to see how two people in a city the size of the City ofMiami is adequate to paint what we have in terms of graffiti throughout this town. I mean, I tried to restrict it to District 2 because I don't want to offend any other Commissioner. I don't want to kind of say I'm picking on anyone's neighborhood. I'm not. I really tried to restrict this to the corridors -- and there -- and it's very pervasive, andl don't think we're dedicating enough resources to it. And if I'm not mistaken, you know, we have a choice here. We could either paint it, or we can violate the property owner. Andl'm not saying what's right and what's wrong. I do know what you can't do is leave it. Either we paint it or we violate the property owner and we force him to do it. And when he fails to do it, we do it, and then we lien the property. And then, of course, you're going to have a property owner that's going to say I can't afford to do this day in and day out, but we, as the City, can't leave it in place the way that it is 'cause we look like a broken window. Pedro G. Hernandez (City Manager): Commissioner, I think that's the way that we approach it, as the broken window. Andl think that we try to be proactive and even go beyond what we can do. There are cases where our NET people actually have the paint of the prior property wall and we actually do painting on their walls when we see that it's something that is recurring. I agree with the concept, but have a different perception. I don't think that we have more. I don't think that it's a menace. Definitely, it's not. We can provide more resources. We can do a lot more on many things related to quality of life in the City ofMiami all around. But don't think that it's getting worse. We handle the public right-of-way, and through Code Enforcement, we deal with the private sector. In areas where we have recurring issues in the private sector, we step in and we even paint with their own paint. So, I mean, I think that we are -- I'm not saying that we cannot do more, but I think that we are doing and being proactive quite enough. David, do you want to add anything? Vice Chair Spence -Jones: And ifI can add, before David gets to the mike, two things. One, definitely there is an increase. Pete, I mean, I know for a fact -- I'm glad you put on the record that Little Haiti is definitely increasing, and it might be because there's more, you know, gang activity or more gang -related groups in the area. That could be the reason why, but I do know for a fact -- not just in Little Haiti, but in Liberty City, and in -- Overtown is not as bad, andl don't know if it's 'cause we did all that big cleanup thing so people are a lot more sensitive and if they see somebody doing something wrong, especially painting on buildings that we've painted, then they say something. But for the most part, Liberty City, definitely Little Haiti and definitely Wynwood, I can tell you for a fact -- and definitely in my Design District area. The people are really pissed off in Design District because, you know, all that work that they're doing to attract businesses to the area, you know, every time you turn around, the businesses are being tagged with something. So I'm not really sure if it's a gang -related thing or if it's just kids wanting to, City ofMiami Page 97 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 you know, have something to do, but it definitely is an increase. And Mr. Manager, I have to disagree with you. There is more of them. And as a matter of fact, that's the reason why this summer with the NET Department, after sitting down with David, we're working -- and hopefully we can work along with the Police Department to at least put a team of young people on the streets along with your Graffiti Busters -- I believe that's the name -- that's what you call them -- that these kids can help paint some of these buildings. Because we don't have enough people to do all the buildings that are -- that have graffiti, and that's our Team Clean that we're putting together. But -- is that not correct, David? I mean, aren't you -- isn't that true about the --? David Rosemond (Director, Neighborhood Enhancement Team): Chief Fernandez wanted to add something before -- Deputy Chief Fernandez: Just to address the gang issue. I mean, I don't want to make it look as if there's gangs running around graffiting everything. A lot of these issues are tags. You think about the individual who died off the express -- on the Palmetto in the County. He was 27 years old. So these are not just young little kids. He wasn't a gang member. Typically, they're not gang members. They're just young kids that are called taggers, as the Commissioner said earlier, and they go around doing their artistic work, as they call it. The reason why Little Haiti and Wynwood is so prone to this is because of the big walls that these warehouses provide. It's kind of like a canvas for them. That's why you're going to find those areas more prone to these type of graffiti artists or taggers or vandal -- or these vandals that go out there vandalizing property. But I can tell you is that there's a very tight, coordinated effort between the NET office and the Police Department to address these issues specifically because we all believe in this broken window theory. If we leave them up, what's going to happen is the next person's going to come around and tag as if it was their property, and they keep tagging over and over again, then you got a wide issue. So we're aware of this. We want to make sure that we work closely with them and we're doing that. There's a good coordinated effort. And as little resources as we may think that we have, we really maximize those bodies that are there. On top of that, the officers will take out some juveniles through the court system to go out there and paint graffiti. The challenge comes up -- and I'm sure that Mr. Rosemond can elaborate on it -- is when it's in private property whereby we really can't go in private property. Well, we do work with Code Enforcement to get with the owner, to encourage them to paint those buildings as quickly as possible. Mr. Rosemond: David Rosemont, director of NET Administration. Indeed -- and that's exactly what we're seeing. And the reason why it happens also in those areas like Wynwood, areas that do not have a whole lot of nighttime pedestrian activity, so these individuals manage to do this pretty much with impunity because there's not a whole lot of people that they can feel that would, you know, tell on them. So many times in Wynwood, after 6, 7 o'clock, you don't have anybody driving up and down, so they use these areas, vacant buildings, as a way to tag because they know that their chance of getting caught is very minuscule because we don't have anyone driving around to be able to call 911 and tell on them. One of the problems that we're having with regards to enforcement is that when people get caught, many times the property owners do not come forth and participate in the prosecution of these individuals, and that's one of the things that we want to encourage our homeowners association, our merchants association to go that extra, you know, step and when people get caught tagging their properties, to come forth and participate in the process so that those folks who do this know that there are consequences to them doing graffiti. And that's a problem that police and NET are having in getting the property owners to participate as witnesses when these individuals do get caught. Vice Chair Spence -Jones: All right. Well, I -- Commissioner Sarnoff. I have -- Vice Chair Spence -Jones: Go 'head [sic]. City of Miami Page 98 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Commissioner Sarnoff. Let me ask a question of the chief. How many of -- how many kids get a con -- well, how many people get convicted of graffiti that you know of? Deputy Chief Fernandez: Commissioner, the convictions are -- Vice Chair Spence -Jones: And what's the fine? Deputy Chief Fernandez: It's a misdemeanor violation unless the damage is beyond $1, 000, and then it becomes a felony. Commissioner Sarnoff. So -- the Commissioner asked a better question. How many arrests have we made? Deputy Chief Fernandez: A hundred and twenty-four since the beginning of the year. Commissioner Sarnoff. On arrests on graffiti. Deputy Chief Fernandez: Yes, sir. Commissioner Sarnoff. And let me ask the question then. Any of those turn into convictions or at least some sort of adjudication? Deputy Chief Fernandez: They do. I mean, all of them, they find resolution through the juvenile court, if they're juveniles for restitution for community service hours. There's a juvenile term of sanction system. That's part of their court. I mean, it's not going to result in -- unless it's something very severe -- imprisonment. We're not going to send them to boot camp because of this. You know, typically, the result -- the remedy is go back, do community hours, restitution to the owner, and go back and paint that property. That's typically what we're seeing. Commissioner Sarnoff. And any of these judges, do any of them put them on like a two -month sentence of cleaning up other people's graffiti for like three times a week or something? Deputy Chief Fernandez: They do. They give them community service hours that they have to perform up to a hundred, two hundred hours that they have to complete within a certain period of time. That could be picking up garbage. It could be working at a center to help out the public, or it could be painting graffiti. Commissioner Sarnoff. And is there an active program that you're aware of where the judges actually sentence them to cleaning graffiti? Deputy Chief Fernandez: Yes, sir. Commissioner Sarnoff. And how successful or unsuccessful is that program? Deputy Chief Fernandez: I think it is -- it has been very successful. I've been involved with that program since probably 1992, and it's the juvenile (UNINTELLIGIBLE) sanction system. I think they still call it that. And they do very well. I mean, there's a lot of juveniles that do get rehabilitated. They understand that they can't go back out there and do it again. There is an education component to it. These judges are strict on it. They're not lenient. I would say that sometimes they get more out of -- we get more out of a graffiti arrest than we do out of a narcotics arrest. Commissioner Sarnoff. Okay. City of Miami Page 99 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Vice Chair Spence -Jones: We get more out of it? Repeat that again. Deputy Chief Fernandez: I would say that we get more out of a vandalism arrest than, in some cases, narcotics. Vice Chair Spence -Jones: Why would you say that? Deputy Chief Fernandez: Not -- Vice Chair Spence -Jones: What are you --? Deputy Chief Fernandez: The prosecution rate in narcotics arrests is fairly -- I would just say it's not as high as I think it should be. Vice Chair Spence -Jones: So you get -- I'm really lost. Deputy Chief Fernandez: You don't get many hour -- I haven't seen community hours for narcotics violations. You don't get many of those. Vice Chair Spence -Jones: Wow. Chair Sanchez: Let me -- Vice Chair Spence -Jones: And how do you change that? Deputy Chief Fernandez: We're working with that. We're working very closely with the State Attorney, who has been extremely supportive. I just met last week with the -- Judge Blake, the chief judge, to talk about the recidivism in the system. Commissioner Sarnoffs been very active in helping us with this. I mean, the recidivism in the system is extremely high. They go in one door and out the other. I could honestly tell you that I've seen more results coming out of a vandalism arrest right now than a person I arrest on the corner for selling drugs. Commissioner Sarnoff. We're off the graph on recidivism. There's not another jurisdiction that holds a candle to us in our recidivism. And the chief could probably tell us better. I asked him once -- I said, Chief how many times does a guy -- bad guy get arrested in New York or Philadelphia before he goes away for a long period of time? He goes, Commissioner, 12, maybe 13, maybe 14 times. I said, so why are we seeing all these 60, 70 arrests. And we have a reason and we know what it is. We're still working on it, but it isn't pretty, and it's part of our system, and it's endemic. It is part of our institutionalization of just moving the docket along. One of these days we're going to have ten city and ten prisons. We're going to admit to the fact that we don't have adequate spaces. And instead of just releasing people and processing them through, we're actually going to incarcerate them for a little bit of time. Chair Sanchez: But the question here that all the comments that have been said is how do we attack this issue? I hear that we are being proactive, that the Police Department is working with the NET office, you know, and we're working on it, but still, graffiti continues to plague our city. We see it all over the city, and we see it in -- to me, it appears like in seasonal. I mean, we go through a year of graffiti, then we go like two or three years without any graffiti. And then maybe a movie comes out of a kid tagging, and it -- you know, it just adds to the kids to go out and tag. But what can we do? What can we do as, you know, the resources that we have? I know that we -- first of all, you said 120 arrests. Out of those 120 arrests, I'm sure there's a lot of community hours. Those kids, are they working with the NET office to go out there and paint over the graffiti? 'Cause the whole thing about graffiti is -- and you know, if you do your homework on it, the tag -- you go to get rid of it quick. City of Miami Page 100 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Deputy Chief Fernandez: Absolutely. Mr. Rosemond: Right. Chair Sanchez: The quicker you remove the tag -- because they're going to tag, and then if you don't tag, if the other guy tags and it's the -- everybody has to tag on that wall. So if the first guy tags and you paint over it and he comes back and tags again and you paint over it, you know, you prevent the others from tagging onto the site. So through community service, through working with organizations in our community, Hands On Miami, that does a great job and many other organizations that we could start a campaign in the City ofMiami to clean up our city from graffiti and get people involved, get high schools involved, get community organizations to get involved, get civil organizations to get involved, get churches to get involved and help us -- 'cause I'm going to be honest with you. The resource that we have, the two individuals that you have out there painting over, just on the presentation here, your two employees that are called Graffiti Busters are not going to be able to tackle just one district of the concerns that one Commissioner has brought out. So I think that we need to put a plan together to start addressing this because it really does destroy the quality of life in our community. Mr. Rosemond: Mr. Chairman, let me just say that while we do have two individuals dedicated just to eradicating graffiti, all of the NET offices have their neighborhood service workers, formerly known as Litter Busters, who they can also deploy to do exactly the same thing. The Graffiti Busters are kind of like the experts in situations where the graffiti is a little more difficult to get to or it requires some solvent, et cetera. But all of the 13 offices are entitled -- you know, have the license to address the issue of graffiti in their particular NET area. So I just don't want to give the impression that these are the only two individuals who do graffiti. All of the 13 offices have individuals in their offices that they can deploy to eradicate graffiti. And our philosophy is to eradicate it the moment that it appears. The challenge, as you just mentioned, is the fact that it comes up and then many times, over the weekend when we don't have people on board, and then come Monday, then we are catching up again. Many times they do graffiti in areas that are not particularly well seen. So it -- we depend on people reporting it. Again, resources are scarce, and while we take people from other duties, other tasks to do graffiti, then we have things that they are left to do. They are left from picking up tires on the railroad tracks in Allapattah or, you know, doing illegal dumping on Southeast 8th Street, et cetera. So we have the same number of people doing a number of different things and we have to prioritize exactly where we want to deploy them according to the priority. But we definitely try and we -- I believe that we do a pretty good job in terms of addressing graffiti when it appears. Let me just give you a couple of numbers. On the last three years, '06/'07, we had an incident of -- about 5,600 incidents of graffiti that our office addressed. Chair Sanchez: Fifty-six [sic] reported cases of graffiti -- Mr. Rosemond: Fifty-six [sic] reported cases that we addressed, that we eradicated. Chair Sanchez: Throughout the City. Mr. Rosemond: Throughout the City. Last year we had about 3,600. This year, what --from October to date, we have about a little bit over 3,000. Of course, over the summer, we see the incidents of graffiti increase because, clearly, a lot of the people who do graffiti, our young male, are out of school, nothing better to do and then they decide that it's kind of a fun thing to do. In answer to your question, what could we do proactively, we need greater education. We need to partner with the school systems and talk about exactly what kind of impact graffiti does. Vice Chair Spence -Jones is instituting a pilot program where we're going to have about 100 young people through South Florida Workforce to deal specifically with graffiti and not only address it, paint over it, clean it, et cetera, but also to talk to their peers about what does graffiti do for our community. I think it's important that many times when we see things like this, for our young City ofMiami Page 101 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 people -- andl talk to my daughter and her friends about the -- what do they feel when they see things like that, and to them, it's kind of cool whenever they see the colors, et cetera. It's kind of like an artistic expression for many young people. So we have to do a much better job in changing the mindset. In movies, through the '80s and the '90s, we have seen graffiti be glorified a way for people -- young people to express themself [sic]. And many people who have started as graffiti artists have ended up being, you know, artists of renown. So one of the challenges that we have is that we are addressing an issue that has been culturally embraced by this age group. So we have a major challenge in our hands in addressing the incidents of graffiti. Chair Sanchez: All right. Vice Chair Spence -Jones: Andl could just add to -- if there's -- guys, if there's, as a part of the summer program, areas where you know need to be painted or cleaned up, you know, from a graffiti standpoint, please let David, Mr. Rosemond, know so that we can make that be a -- come a part of the kid's cleanup. The whole idea is to try to clean up as much of the areas as possible, so please let them know. Chair Sanchez: All right. Mr. Rosemond: Thank you. Chair Sanchez: Chief you just want to add in closing remarks reference to graffiti? Chief John Timoney: Yeah, but 30 seconds. In Philadelphia, there's a place called Love Park. It's a park -- concrete park by city hall. Kids from all over the suburbs come in -- that's where they skateboard. We locked up six kids last month in Wynwood. We discussed this at Comstat. All over Wynwood, big walls. This is where they go, and there's a little network, right, that do the tagging. All six of them were from outside the City; two from Miami Beach, two from outside the County that come in -- because this is where you come in to do your little thing. This is like a little underground network and they talk to one another. So it's -- it isn't like it's the local kids you can keep your eye on. Commissioner Gonzalez: Establishing territories, right? Vice Chair Spence -Jones: Yeah. Chief Timoney: Exactly. Vice Chair Spence -Jones: That doesn't -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- belong to them. Chair Sanchez: All right. Anything else, Commissioner, you want to add -- Commissioner Sarnoff. No. Chair Sanchez: -- graffiti? Does that conclude your blue pages? Commissioner Sarnoff. It does, sir. It does. Chair Sanchez: All right. END OF DISTRICT 2 City of Miami Page 102 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-00628 DISCUSSION ITEM DISCUSSION REGARDING THE INTERVENORS/PLAINTIFF CASE IN THE FOP VEGA V CITY OF MIAMI. 09-00628 E-Mail.pdf DISCUSSED Chair Sanchez: Okay, let's go ahead and take up one last item on the agenda, I believe, and that item is -- Vice Chair Spence -Jones: My item. My blue page. Chair Sanchez: Your blue page, and then we have -- Vice Chair Spence -Jones: The board appointees. Chair Sanchez: Yeah, the board appointment as to how this legislative body wants to handle it. Commissioner Gonzalez: BC.13? Chair Sanchez: Yeah, but let's take up her blue page item, then we'll take up the last item. Vice Chair Spence -Jones: Okay. My item is D5.1. The only thing that I really -- I know that we've been working on this situation, FOP (Fraternal Order of Police) versus Vega -- FOP/Vega versus the City. I wanted to get some clarity. I know that our office has been working constantly over the last four years trying to address this issue. Madam City Attorney, do you have any updates as to how we're going to resolve this particular case 'cause this is something that's been around for a minute now. Julie O. Bru (City Attorney): I think -- Vice Chair Spence -Jones: I think even -- definitely before I was even here. Ms. Bru: Yeah. Madam Vice Chair, I think it's appropriate at this time for me to request an attorney -client session to discuss the matters concerning the litigation of the Fraternal Order of Police Lodge 20 and Alfredo Vega, plaints, and Fredericka Burden and the Intervenors versus City ofMiami. This is case number 98-7760 CA 27. And ifI may, Mr. Chairman, will you City ofMiami Page 103 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 please -- Chair Sanchez: Yes. Ms. Bru: -- let us know at what time and the specific date so that we can do the public notice on this? Chair Sanchez: Okay, so it'll be -- I don't know if she's re -- is she requesting a shade meeting? Ms. Bru: I am requesting a shade meeting -- Chair Sanchez: You're requesting a shade meeting? Vice Chair Spence -Jones: Yes. Ms. Bru: -- to discuss -- Chair Sanchez: All right. Vice Chair Spence -Jones: And how -- Ms. Bru: -- the developments and litigation strategy and settlement -- Chair Sanchez: So -- Ms. Bru: -- discussion. Vice Chair Spence -Jones: Can we do it for the next Commission meeting? Not the one on the 18th, the one after that. Ms. Bru: We're prepared to do it whenever the Chairperson schedules it. Chair Sanchez: All right. Vice Chair Spence -Jones: Can we do it --? Chair Sanchez: Of course, I will check with each and every one of you to see if you're available, and we'll provide the date. We'll make sure it's -- Vice Chair Spence -Jones: Can we do it during the Commission? Chair Sanchez: -- properly advertised. Well -- Vice Chair Spence -Jones: It's a lot easier. Just do it through the Commission. Take a few minutes out and do it. Chair Sanchez: We'll get back to you. Ms. Bru: Okay. Chair Sanchez: All right. Ms. Bru: Okay. When you advise us, we will then do the public notice. Thank you. END OF DISTRICT 5 City of Miami Page 104 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Non Agenda Items NA.1 09-00661 DISCUSSION ITEM DISCUSSION REGARDING THE SCHEDULING OF FY2010 BUDGET WORKSHOPS DURING THE MONTH OF AUGUST. DISCUSSED Direction by Chair Sanchez to the City Manager that two budget workshops be scheduled during the month ofAugust and to work with Commissioners on possible dates. Direction by Commissioner Sarnoff to the City Manager that all individual departmental budget requests be provided to Commissioners prior to the budget workshops. Chair Sanchez: Also, as you are aware, we have -- you have heard the Property Appraiser's report that has come out, although -- primary [sic] report come out in June and coming out in -- also on July 1. We could expect lowering property values that's going to affect the City. Let me just say that it is going to be a very tough budget process for the City; and as Chair, I would like to make some recommendations that -- to the City Manager. In order to be proactive, I'm asking the Commission to set a minimum of two budget workshops for the month ofAugust. We realize that we are on vacation on [sic] August. I don't think this is time for us to be on vacation when we're going to be -- have to make -- making some very tough choices. We usually break that month, but I think it's important that, with the pending budget deficit and the soaring pension costs -- increase, I think that we need to get together and start working already with the Administration and with the Mayor to see how we're going to come up with a balanced budge that's required by state law. So, once again, my request to the Board is that we meet twice in August. Hopefully, we could meet on -- the first meeting could be between August 3 and August 14, and then we could have the other workshop maybe August 17, some time -- somewhere between August 17 and the 18th. That would allow us an opportunity to meet twice on that. So at this time, Mr. City Manager, I'm going to ask you to get with all the Commissioners and see what are the days that Commissioners will be available to meet for those two workshops pertaining to the budget hearing. Pedro G. Hernandez (City Manager): Yes, I will. I'll check with the Commissioners and also with your schedule, Mr. Chairman, and get back to you. Chair Sanchez: Okay. Commissioner Sarnoff. Mr. Chair? Chair Sanchez: Yes, sir. Commissioner Sarnoff. Mr. Manager, we didn't do this last year, but I'd like to do it this year. I'd like to see all the department's individual budgets. I know I asked for that last year; I did not get it -- Mr. Hernandez: Okay. Commissioner Sarnoff. -- but -- I know the County gets it. So by a departmental basis, can we get the budget requests and what -- where you've worked it with them prior to the budget workshops? Mr. Hernandez: Yes, Commissioner, that can be done. Commissioner Sarnoff. Okay. City of Miami Page 105 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: So, Mr. Manager, just get with the Commissioners. I know that, in August, you know, it's vacation time and you want to spend time with your family. If we work together through you, we could coordinate exactly what dates all the Commissioners could be available and we could have those two workshops -- Mr. Hernandez: Yes, I will. Chair Sanchez: -- set in August. Okay. NA.2 09-00663 DISCUSSION ITEM DISCUSSION REGARDING MIAMI HERALD ARTICLE PERTAINING TO INVENTORY OF CONDOMINIUMS LOCATED IN DOWNTOWN MIAMI. DISCUSSED Chair Sanchez: Before we get into the -- PA.1, which is a discussion item presentation, a personal appearance, most of you have read the article this morning in the paper as to downtown Miami condos filling up fast. It's nice to see that some positive things are coming out in the paper pertaining to what's happening in downtown. And many of us here have always had a vision for that downtown, and based on what we have been able to accomplish there of not only changing the perception, but beautfing downtown and working with all those stakeholders in downtown. We're finally seeing that we're turning the corner in downtown, and l just wanted to state that for the record because there's been a lot of negativity as to a lot of the inventory that's in downtown. But I could tell you that it -- when I visit downtown and when I walk downtown, I'm starting to see a lot of young people moving into downtown, and that's going to be the future of downtown. Even though they're not buying; they're renting. And downtown will one day have a vision of being a vibrant downtown where not only the residents ofMiami, but South Florida itself will come to downtown for great entertainment, whether it's theaters, whether it's bowling alleys, whether it's a great museums that'll be constructed soon. That's the vision that we have, so it's just great to see every now and then that positive things are written of what's happening in downtown, and I'm very excited to be a part of what's happening in downtown. NA.3 09-00657 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Office RESOLUTION NO. 09-0249, ADOPTED MAY 28, 2009, IN ITS ENTIRETY AND ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "FISCAL YEAR 2009-DEPARTMENT OF HOMELAND SECURITY FEDERAL EMERGENCY MANAGEMENT AGENCY ("FEMA"), URBAN SEARCH AND RESCUE ("USAR") READINESS COOPERATIVE AGREEMENT," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $1,056,910, CONSISTING OF A GRANT FROM FEMA TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT AND PROVIDE TRAINING IN APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00657-Legislation. pdf 09-00657-Submittal-Email-June 11, 2009-USAR Grant. pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 106 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-09-0284 Chair Sanchez: All right. I believe there are no other items on the agenda. All the items have been taken up. Mr. City Manager, you're recognized for the record. Pedro G. Hernandez (City Manager): Mr. Chairman, I do have a pocket item that deals with the Fire Department and USAR (Urban Search and Rescue) funding. It's to accept an additional $51, 000. Chief you need to expand? Chair Sanchez: To accept? Mr. Hernandez: To accept. Chair Sanchez: All right. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- by the Vice Chair quickly to accept the money, second by Commissioner Gonzalez. Discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay. " Motion carries. NA.4 09-00664 DISCUSSION ITEM BRIEF DISCUSSION ON THE STATUS OF FILM RELATED PROJECTS IN THE CITY. DISCUSSED Direction by Vice Chair Spence -Jones to the Administration for the Office of Economic Initiatives and the Mayor's Office of Film, Arts, Culture and Entertainment to provide a status report, within the next 60 days, regarding film related projects within the City of Miami for the last three years to assess the contributions made by this industry and to identin, other potential locations for film and television related projects. A motion was made by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, and was passed unanimously, to adjourn the June 11, 2009 Miami City Commission meeting. Chair Sanchez: I believe the proper motion to -- Vice Chair Spence -Jones: No, no. I have -- just a pocket item. Chair Sanchez: Oh, pocket items. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Pocket items. Any pocket items? City of Miami Page 107 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Vice Chair Spence -Jones: Do they have any? Chair Sanchez: Pocket items? Vice Chair Spence -Jones: You guys have any pocket items? Okay. No? Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: I just have -- Mr. Manager, the only pocket item I have is I really just wanted to give a directive. In our last City Commission meeting, there was this big debate about film in the area, the Burn Notice -related situation. Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: I'd like to -- like for the -- like to give you a directive to ask for the economic development -- your economic development -- Mr. Hernandez: Right. Vice Chair Spence -Jones: -- team, along with the Film Department, for them to come back in the next 60 days for me -- to give me -- or give the Commission some sort of status of the last past three years on film -related projects in the City so we can get a sense of what kind -- how many projects we did have over the last three years and how much did it actually generate for the area. Also, I'd like to get a sense from them, the amount ofjobs and classified jobs that actually are generated or were generated from these particular projects that actually came into the overall area. And as a part of this overall study -- I believe they already have this study or have started on it at one time or the other, is to identify potential locations or areas for the filming industry so that we can begin to look at this as a viable means to attract film -related or television -related projects because they do bring a lot ofjobs to the area and they do bring a lot of support to existing businesses in the area. So I think that we need to really look at that. Mr. Hernandez: Right. Vice Chair Spence -Jones: So in the next 60 days, if you could bring that back, I greatly would appreciate it. Mr. Hernandez: Yes. Commissioner, I had already started to work on the last one that deals with alternative locations, but I'll make sure that we add all the other elements that you asked for and put it together. Vice Chair Spence -Jones: Thank you -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- very much. Chair Sanchez: That was a directive, requires no action. Need a motion to adjourn. Vice Chair Spence -Jones: So move. Commissioner Gonzalez: Motion to adjourn. Chair Sanchez: There's a maker of the motion and a second. All in favor, say aye.' The Commission (Collectively): Aye. City of Miami Page 108 Printed on 7/1/2009 City Commission Meeting Minutes June 11, 2009 Chair Sanchez: Thank you very much. This meeting stands adjourned. City of Miami Page 109 Printed on 7/1/2009