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HomeMy WebLinkAboutCC 2009-07-09 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, July 9, 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 July 9, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES 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 ofMiami Page 2 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez and Commissioner Regalado Absent: Vice Chair Spence -Jones On the 9th day of July 2009, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 9: 41 a.m., and adjourned at 12:38 p.m. Note for the Record: Commissioner Gonzalez entered the Commission chambers at 9:51 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: All right. Good morning, ladies and gentlemen. Welcome to our historical City Hall. Welcome to the July 9, 209 [sic] meeting, here at City ofMiami Commission chambers. The members of the City Commission are Michelle Spence -Jones, who I have been advised will not be here today; Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner March Sarnoff and myself Joe Sanchez, as your Chair. Also on the dais would be Pete Hernandez, our City Manager, also Julie O. Bru, our City Attorney, and Priscilla Thompson, our City Clerk. At this time, what would request from the City Clerk, since she does so well, if she could lead us into prayer. So Madam Clerk, you're recognized for the record for our prayer. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00780 PRESENTATION Honoree Presenter Protocol Item Summer Mayor Diaz Proclamation Learning Day 09-00780 Protocol List.pdf PRESENTED 1. Mayor Diaz presented a proclamation to Shake -A -Leg expressing the City ofMiami's support of the organization's efforts to promote summer learning activities for young people and their families and proclaimed today as Shake -A -Leg Summer Learning Day. Chair Sanchez: All right. The order of the day is the agenda that's in front of us today; has been properly advertised, and that would be what we will follow today. At this time, what I'd like to do is go into the presentation and proclamation. Looking at our protocol program today, we have one presentation, a proclamation presented by the Mayor to Summer Learning Day. So at this time, we'll recognize the Mayor, and Mr. Mayor, you have the floor. Presentation made. City ofMiami Page 3 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 MAYORAL VETOES NO MAYORAL VETOES Chair Sanchez: Before we go on with the process here -- Well, are there any mayoral vetoes? I believe not. I've received a letter from you and the Mayor, which there are no mayoral veto [sic], for the record. Priscilla A. Thompson (City Clerk): That is correct. Chair Sanchez: Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: PH.1 was deferred. Priscilla A. Thompson (City Clerk): Sir, ifI can possibly ask, before we move on, may we take up the minutes, the approval of the minutes? Chair Sanchez: Oh. I do apologize for that. Yes. We need to approve the minutes. Commissioner Gonzalez: Motion to approve the minutes ofJune 11, 2009. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: There's been a motion by Commissioner Gonzalez, second by Commissioner Sarnoff to approve the regular Commission meeting ofJune 11, 209 [sic]. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. That takes care -- Ms. Thompson: Thank you. Chair Sanchez: -- of the minutes. Takes care of the consent agenda. PH.1 was deferred. We go to PH 2. All right. Let's go. PH 2. Who's got PH 2? Department of -- Commissioner Gonzalez: PH.2. Chair Sanchez: -- Community Development. Ms. Thompson: I'm sorry. Those public hearings are scheduled for 10:30. Chair Sanchez: Oh, I thought it was 10:30 already. Okay. We'll get back to them. END OF APPROVING MINUTES ORDER OF THE DAY City ofMiami Page 4 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: We will now begin the regular meeting. The City Attorney will state the procedures to be followed during the meeting. Madam Attorney, you're recognized for the record. Julie O. Bru (City Attorney): Thank you. And good morning, Mr. Chairman, members of the Commission, Mr. Manager, Madam Clerk, and members of the public. Please note that any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. The material for each item on the agenda is available during business hours and at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted in the Commission chamber. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon. Chair Sanchez: All right. At this time, the Administration will announce which items, if any, are to be either withdrawn, deferred, or substituted. Mr. City Manager. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, good morning. I have five items that are either deferred or continued. The first one would be PH 1, to be deferred to July 23. The second one is FR.1, to be continued. That would be to the first meeting in September. The third one is FR.4, deferred to July 23. The fourth one is RE.8, deferred to July 23. And the last one, the fifth one, is RE.11, deferred to July 23. Commissioner Sarnoff Which one was that? Chair Sanchez: RE.11. Mr. Hernandez: RE.11. Priscilla A. Thompson (City Clerk): Chair, ifI might ask? Chair Sanchez: Yes, Madam Clerk. Ms. Thompson: If you are going to be continuing FR.1, I think that's the CIP (Civilian Investigative Panel), then we have on BC (Boards & Committees) -- on the BCs, BC.2, we have the CIP appointments. Will that also be deferred? Chair Sanchez: That would also be deferred. Mr. Hernandez: It should be, yes. Chair Sanchez: Should be. Ms. Thompson: Okay. So we'll add BC. 2 to that list. Chair Sanchez: B -- Commissioner Gonzalez: Which one was that? Chair Sanchez: -- BC.2, which is the Civilian Investigative Panel appointment. That would also be deferred. City ofMiami Page 5 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Ms. Thompson: Okay. And the first regular meeting is when we normally have our board and committee appointments, so would you like it scheduled at that meeting? Because if we do that, it will actually be continued to the September meeting. Chair Sanchez: All right. So for the record, that'll be continued then. Ms. Thompson: Thank you. Chair Sanchez: And that was BC.2. BC.2 will be continued. All right. So, does everybody -- is everybody aware of the items that have been either continued, deferred -- Any substitutions? Mr. Hernandez: No, sir. Chair Sanchez: Okay. City ofMiami Page 6 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 CONSENT AGENDA CA.1 09-00434 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue CITY MANAGER TO ESTABLISH A PROGRAM ENTITLED "THE CITY OF MIAMI ("CITY") DEPARTMENT OF FIRE -RESCUE EMERGENCY MEDICAL SERVICES ("EMS") CADET PROGRAM" THAT PROVIDES MIAMI-DADE COUNTY PUBLIC SCHOOLS' STUDENTS, ACADEMIC, CAREER AND CLINICAL INSTRUCTION IN EMS BY UTILIZING RESOURCES AND PERSONNEL OF THE CITY'S DEPARTMENT OF FIRE -RESCUE; FURTHER ESTABLISHING A SPECIAL REVENUE PROJECT FOR SAID PROGRAM, CONSISTING OF FUNDS, IN THE AMOUNT OF $58,980, ALLOCATED FROM ACCOUNT NO. 00001.181000.891000.0.0. 09-00434 Legislation.pdf 09-00434 Summary Form.pdf 09-00434 Budget Reserve.pdf 09-00434 Emergency Services Academy.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0321 CA.2 09-00433 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY PUBLIC SCHOOLS ("MDCPS"), FOR THE PURPOSE OF THE CITY'S DEPARTMENT OF FIRE -RESCUE PROVIDING STUDENTS IN MDCPS' EMERGENCY MEDICAL SERVICES TRAINING PROGRAMS, ACADEMIC, CAREER AND CLINICAL INSTRUCTION UTILIZING FACILITIES AND PERSONNEL OF THE CITY'S DEPARTMENT OF FIRE -RESCUE TO ENHANCE THE CITY'S DEPARTMENT OF FIRE -RESCUE EMS CADET PROGRAM. 09-00433 Legislation.pdf 09-00433 Exhibit.pdf 09-00433 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0322 CA.3 09-00435 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue CITY MANAGER TO ESTABLISH A PROGRAM ENTITLED "THE CITY OF City ofMiami Page 7 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 MIAMI FIRE -RESCUE EXPLORERS PROGRAM" THAT MATCHES HIGH SCHOOL STUDENTS INTERESTED IN THE FIRE -RESCUE PROFESSION, WITH THE PEOPLE AND PROGRAM RESOURCES OF THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE; FURTHER ESTABLISHING A SPECIAL REVENUE PROJECT FOR SAID PROGRAM, CONSISTING OF FUNDS, IN THE AMOUNT OF $65,635, ALLOCATED FROM ACCOUNT NO. 00001.181000.891000.0.0. 09-00435 Legislation.pdf 09-00435 Summary Form.pdf 09-00435 Interfund Transfers.pdf 09-00435 City of Miami Explorers Program.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0323 CA.4 09-00669 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO RETROACTIVELY EXERCISE THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS CONTAINED IN THE AGREEMENT EXECUTED WITH ENVIROWASTE SERVICES GROUP, INC., FOR THE PROJECT ENTITLED "CITYWIDE OUTFALL CLEANING PROJECT, B-30256", PURSUANT TO RESOLUTION NO. 05-0446, ADOPTED JULY 28, 2005, AND TO ACCEPT THE EXECUTED ADDENDUM TO SAID AGREEMENT, IN THE ANNUAL AMOUNT NOT TO EXCEED $199,995, FOR A TOTAL CONTRACT AMOUNT DURING THE OPTIONAL YEARS OF $399,990, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00669 Legislation.pdf 09-00669 Exhibit.pdf 09-00669 Summary Form.pdf 09-00669 First Amendment.pdf 09-00669 Pre-Legislation.pdf 09-00669 Agreement.pdf 09-00669 Proposal.pdf 09-00669 Affirmative Action-Policy.pdf 09-00669 Affidavit.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0324 CA.5 09-00670 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE City ofMiami Page 8 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 LOCALLY FUNDED JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), FOR THE CONSTRUCTION OF CERTAIN ROADWAY ENHANCEMENTS ALONG BISCAYNE BOULEVARD, MIAMI, FLORIDA, IN ORDER TO MODIFY THE FINANCIAL PROVISIONS IN SECTION 3(E) OF THE AGREEMENT TO ALLOW FDOT TO KEEP ANY INTEREST ACCUMULATED IN THE ESCROW ACCOUNT TO BE APPLIED TO ANY SHORTFALL IN PROJECT FUNDING. 09-00670 Legislation.pdf 09-00670 Exhibit.pdf 09-00670 Summary Form.pdf 09-00670 Joint Participation Agreement.pdf 09-00670 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0325 CA.6 09-00671 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Administration SPECIAL REVENUE PROJECT ENTITLED: "2009 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -NORTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $219,495, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A NINE MONTH PERIOD,TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 09-00671 Legislation.pdf 09-00671 Summary Form.pdf 09-00671 Letter.pdf 09-00671 Agreement .pdf 09-00671 Attachments.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0326 CA.7 09-00672 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A Administration SPECIAL REVENUE PROJECT ENTITLED: "2009 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $132,180, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A ONE-YEAR PERIOD,TO PROVIDE OUTREACH, City ofMiami Page 9 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD. 09-00672 Legislation.pdf 09-00672 Summary Form.pdf 09-00672 Letter.pdf 09-00672 Agreement Between Miami -Dade County.pdf 09-00672 Attachments.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0327 CA.8 09-00673 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND ADDENDUM, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AIRSPACE AGREEMENT, BETWEEN THE CITY OF MIAMI ("CITY") AND THE FLORIDA DEPARTMENT OF TRANSPORTATION, TO PROVIDE FOR THE INCLUSION OF 0.7266 ACRES, OR 31,652 SQUARE FEET, TO THE LEASED PROPERTY LOCATED UNDER 1-95 AT NORTHWEST 72ND STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE DEPARTMENT OF PUBLIC WORKS' USE AND OCCUPANCY, WITH NO RENT BEING CHARGED TO THE CITY, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID SECOND ADDENDUM. 09-00673 Legislation.pdf 09-00673 Exhibit.pdf 09-00673 Summary Form.pdf 09-00673 Text File.pdf 09-00673 Airspace Agreement.pdf 09-00673 Exhibit A Map.pdf 09-00673 Addendum Airspace Agreement.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones CA.9 09-00677 Department of Purchasing R-09-0328 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONSENT AND ACCEPT AN ASSIGNMENT OF THE MAINTENANCE AND SUPPORT AGREEMENT FOR THE AUTOMATED FINGERPRINT IDENTIFICATION City ofMiami Page 10 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 SYSTEM AND OMNITRAK SYSTEM, FROM PRINTRAK, A MOTOROLA COMPANY TO SAGEM MORPHO, INC., A DELAWARE CORPORATION, AND A WHOLLY -OWNED SUBSIDIARY OF SAGEM SECURITE, OPERATING UNDER THE NEW CORPORATE NAME, MORPHOTRAK, INC., UNDER THE SAME PRICE, TERMS, AND CONDITIONS. 09-00677 Legislation.pdf 09-00677 Exhibit.pdf 09-00677 Summary Form.pdf 09-00677 Letter 1pdf 09-00677 Letter 2.pdf 09-00677 Information Guide .pdf 09-00677 Cover Letter.pdf 09-00677 Profit Corporation.pdf 09-00677 Oath.pdf 09-00677 Certificate of Amendment.pdf 09-00677 Foreign Profit Corporation.pdf 09-00677 Pre Legislation.pdf 09-00677 Letter 3.pdf 09-00677 Exhibit A.pdf 09-00677-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0329 CA.10 09-00716 RESOLUTION Virginia Key Beach A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Park Trust ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT FUNDING TO THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND PROGRAM, IN AN AMOUNT NOT TO EXCEED $100,000, FOR THE HISTORIC VIRGINIA KEY BEACH PARK PAVILION PROJECT ("PROJECT"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS FOR FIFTY PERCENT (50%) OF THE PROJECT COSTS, IN AN AMOUNT NOT TO EXCEED $50,000, FROM THE CAPITAL IMPROVEMENT PROJECT B-30174, ENTITLED "VIRGINIA KEY BEACH PARK HISTORICAL RESTORATION PHASE TWO"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE SUBMISSION OF SAID GRANT APPLICATION. 09-00716 Legislation.pdf 09-00716 Exhibit.pdf 09-00716 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0330 City ofMiami Page 11 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 CA.11 09-00675 Department of Information Technology RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED MAY 20, 2009, PURSUANT TO INVITATION FOR BIDS NO. 142105, FROM BC! COMMUNICATIONS, INC., FOR POINT-TO-POINT AND POINT-TO-MULTIPOINT LINK INSTALLATION AND MAINTENANCE SERVICES, ON AN AS -NEEDED BASIS, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00675 Legislation.pdf 09-00675 Summary Form.pdf 09-00675 Budget Impact Analysis.pdf 09-00675 Award Recommendation.pdf 09-00675 Tabulation of Bids.pdf 09-00675 Addendum NO. 2.pdf 09-00675 Bids.pdf 09-00675 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0331 Adopted the Consent Agenda Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones END OF CONSENT AGENDA Chair Sanchez: I think -- at this time, I want to recognize the Mayor, who is here to speak about the school grades reference one of the consent agenda items. So -- but before we do that, are there any consent agenda items that any of the Commissioners wish to pull for discussion or the Administration? Any consent agendas [sic] to be pulled for discussion? Okay. So for the record, there are no items being pulled for discussion. "[Later...]" Chair Sanchez: We'll move on with the agenda, consent agenda. There were no items to be pulled from the consent agenda. Can I get a motion and a second for the consent agenda? Commissioner Gonzalez: Motion. Chair Sanchez: Motion is -- Commissioner Sarnoff Second. City ofMiami Page 12 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 PH.1 09-00634 Department of Parks and Recreation 10:30 A.M. PH.2 09-00679 Chair Sanchez: -- made by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the consent agendas [sic]? Hearing no discussion on the consent agendas [sic], all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Consent agendas [sic], Madam Clerk, have been approved. PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, APPROVING AN AMENDMENT TO THE ORIGINAL SCOPE OF WORK FOR THE LUMMUS PARK HISTORICAL AND CULTURAL VILLAGE PROJECT (THE "ORIGINAL PROJECT"), AS ADOPTED ON JULY 16, 1996, BY THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, THEREBY DELETING RENOVATIONS TO THE WAGNER HOUSE AND FORT DALLAS BARRACKS, AND INSTEAD, PROVIDING FOR RENOVATIONS TO THE RECREATION BUILDING AND PROVIDING FOR ANCILLARY SITE IMPROVEMENTS (THE "AMENDED PROJECT"); AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A REVISED GRANT APPLICATION TO MIAMI-DADE COUNTY FOR SAID CHANGES IN THE PROJECT AND TO ACCEPT ANY REVISED RELATED GRANT FUNDING RECEIVED FROM MIAMI-DADE COUNTY; DIRECTING THE CITY MANAGER TO OPERATE AND MAINTAIN SAID AMENDED PROJECT UPON ITS COMPLETION. 09-00634 Legislation.pdf 09-00634 Exhibit 1.pdf 09-00634 Exhibit 2.pdf 09-00634 Exhibit 3.pdf 09-00634 Exhibit 4.pdf 09-00634 Exhibit 5.pdf 09-00634 Exhibit 6.pdf 09-00634 Exhibit 7.pdf 09-00634 Exhibit 8.pdf 09-00634 Exhibit 9.pdf 09-00634 Summary Form.pdf 09-00634 Memo.pdf 09-00634 Notice of Public Hearing.pdf DEFERRED Note for the Record: Item PH.1 was deferred to the Commission meeting currently scheduled for July 23, 2009. A sign language interpreter translated discussion items PH.2 - PH 6. RESOLUTION City ofMiami Page 13 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING, AND AUTHORIZING THE CITY MANAGER Development TO IMPLEMENT: (1) THE RESIDENTIAL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE PLAN , REGARDING COMPLIANCE WITH THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 AND SECTION 104(D) OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AND (2) THE OPTIONAL RELOCATION ASSISTANCE POLICY, IN SUBSTANTIALLY THE ATTACHED FORM. 09-00679 Legislation.pdf 09-00679 Exhibit.pdf 09-00679 Summary Form.pdf 09-00679 Public Notice.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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0332 Chair Sanchez: All right. It is past 10:30 and we could go to the public hearings. Let's get them out of the way. Let's go to PH.2. Do we have the --? Yes, we do. Translator. We're all set. Okay. George Mensah: Mr. Chair, George Mensah, director, Department of Community Development. PH.2 is a resolution of the Commission, which is approving and authorizing the City Manager to implement, (1) the residential anti -displacement and relocation assistance plan; and (2) the optional relocation assistance policy, in substantially the attached form. The residential (UNINTELLIGIBLE) plan is required by HUD (Department of Housing and Urban Development). The optional replacement [sic] policy is to allow us to be able to use CDBG (Community Development Block Grant) fund in case of emergencies. Chair Sanchez: Okay. We're on PH.2. We need a motion. It's a resolution. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion. Commissioner Regalado: Second. Chair Sanchez: There's a second. The motion has been proffered by Commissioner Gonzalez, second by Commissioner Regalado. It does require a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, for the record, the public hearing is closed, coming back to the Commission for discussion and deliberation. Hearing no discussion on the item -- it is a resolution -- all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries, Madam Clerk, 4-0, on PH.2. PH.3 09-00681 RESOLUTION City ofMiami Page 14 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF DEPARTMENT OF Development COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ACTIVITIES FUNDS, IN THE TOTAL AMOUNT OF $800,000, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT FOR RELOCATION ASSISTANCE UNDER THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITIONS ACT AND FOR EMERGENCY ASSISTANCE UNDER THE OPTIONAL RELOCATION ASSISTANCE POLICY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE(S). 09-00681 Legislation.pdf 09-00681 Exhibit .pdf 09-00681 Summary Form.pdf 09-00681 Public Notice.pdf 09-00681 Pre Legislation 1pdf 09-00681 Exhibit A home Funds.pdf 09-00681 Pre Legislation 2.pdf 09-00681 Exhibit A.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0333 Chair Sanchez: PH.3. George Mensah (Director, Community Development): Mr. Chair, PH.3 is a resolution to fund the relocation program to the tune of $800,000. These monies come from the housing activities fund, CDBG (Community Development Block Grant) funding. This is to help us fund the optional relocation plan, which means that in case there is a natural disaster or manmade disaster, the City -- the Department will have funds to be able to assist residents in relocation and moving into hotels and things like that. So this is to -- Commissioner Gonzalez: Move PH.3. Mr. Mensah: -- do that. Chair Sanchez: All right. There's a -- Commissioner Sarnoff Second. Chair Sanchez: -- motion and a second. Motion has been made by Commissioner Gonzalez, second by Commissioner Sarnoff. Before we discuss the item, it is -- requires a public hearing. It is also a resolution. Anyone from the public wishing to address this item? Seeing no one, the public hearing is closed, coming back to the Commission. On this item, it's very simple. It moves $800, 000 of CD (Community Development) funds into an account for relocation and emergency assistance housing, correct? Mr. Mensah: Yes. That's correct. Chair Sanchez: All right. Any further discussion on PH.3? If not, it is a resolution. All in favor, say "aye." City ofMiami Page 15 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 PH.4 09-00682 Department of Community Development The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH 3 is approved, 4-0. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOME INVESTMENT PARTNERSHIPS PROGRAM ("HOME") FUNDS, IN THE AMOUNT OF $1,000,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT HOME HOUSING ACTIVITIES; ALLOCATING SAID FUNDS TO THE FIRST TIME HOMEBUYER PROGRAM FOR DOWN PAYMENT AND CLOSING COST ASSISTANCE, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED. 09-00682 Legislation.pdf 09-00682 Exhibit.pdf 09-00682 Summary Form.pdf 09-00682 Public Notice.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0334 Chair Sanchez: All right. PH.4. George Mensah (Director, Community Development): Mr. Chair, PH.4 is -- that's the refunding of Homebuyer Assistance Program. We are providing $1 million in HOME (Home Investment Partnership Program) funds from our housing -- from HOME activity funding to the first-time homebuyer program. Commissioner Sarnoff Move it. Chair Sanchez: All right. There is -- Commissioner Gonzalez: Second. Chair Sanchez: -- a motion by Commissioner Sarnoff second by Commissioner Gonzalez. Before we open it up for discussion, anyone from the public wishing to address this item? Seeing no one, the public hearing is opened and closed, coming back to the Commission. Commissioner Regalado: Question. Chair Sanchez: Question on -- you're recognized for the record. Commissioner Regalado: On PH.4, when was this -- when would this be up and running? Mr. Mensah: The program is currently up and running. We've been doing it for the last four or five years. Commissioner Regalado: Right, but this budget, how do you think it's going to operate in terms of -- there're houses that are ready to be sold in foreclosure. City ofMiami Page 16 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Mensah: Yes. Commissioner Regalado: So is it -- is this allowed for short sales, foreclosures? Mr. Mensah: Yes, it does. Yes. Commissioner Regalado: And how do the people -- will go about --? Mr. Mensah: We usually -- I think that we even have some -- a waiting list of people who are ready -- getting ready for this fund, and we usually advertise it on our website. We've not done any newspaper, any advertising or anything on this particular -- it's a program that is continuously, so the public knows about it already. Commissioner Regalado: But you have a waiting list? Mr. Mensah: We have some -- not a long waiting list. We've been having this program -- the money just got finished, and that is the reason why we're coming to replenish it. So there are some people in the process of being assisted that it's going to help. Commissioner Regalado: So if people want to -- it has to be a first-time buyer? Mr. Mensah: Yes. Commissioner Regalado: Okay. If people were to apply, the only way to know is through the website, right? Mr. Mensah: Well, currently -- usually, we have lenders. We have the realtors who market these products for us and, currently, yes. It's not a -- Mr. Commissioner, it's not a new program. So it's an existing program that we've been running for, I know, the last five, six years. Commissioner Regalado: Yeah. It's an existing program, but the conditions have changed, and people are now trying to access houses, which they could do because of the market now going down, so -- Mr. Mensah: We can put an -- Commissioner Regalado: Okay. Mr. Mensah: -- ad or something in the papers to inform people about this -- Commissioner Regalado: Okay. Mr. Mensah: -- so they know about it. Commissioner Regalado: Thank you. Chair Sanchez: All right. Any further discussion on the item? If not, it is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PH.4 is approved, 4-0. PH.5 09-00683 RESOLUTION City ofMiami Page 17 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $150,000 FROM ONE ART, INC., $30,000 FROM BETTER WAY OF MIAMI, INC. AND $5,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 5 RESERVE ACCOUNT, FOR A TOTAL ALLOCATION OF $185,000, AS SPECIFIED IN EXHIBIT "A," ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., TO PROVIDE ECONOMIC DEVELOPMENT ACTIVITIES FOR THE CITY OF MIAMI LITTLE HAITI COMMERCIAL REHABILITATION PROJECT NO. 2; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID ENTITIES, FOR SAID PURPOSES. 09-00683 Legislation.pdf 09-00683 Exhibit 1.pdf 09-00683 Exhibit 2.pdf 09-00683 Exhibit 3.pdf 09-00683 Exhibit 4.pdf 09-00683 Summary Form.pdf 09-00683 Public Notice.pdf 09-00683 Little Haiti Rehab 2.pdf 09-00683 Maps.pdf 09-00683 Pre Legislation 1.pdf 09-00683 Pre Legislation 2.pdf 09-00683 Pre Legislation 3.pdf 09-00683 Pre Legislation 4.pdf 09-00683 Corporation.pdf DEFERRED A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, with Vice Chair Spence -Jones absent, to defer item PH 5 to the Commission meeting currently scheduled for July 23, 2009. Direction by Commissioner Gonzalez to the Administration to research the ability to utilize a particular paint product that prevents the adherence of grafitti, and provide product information to the City Commission. Chair Sanchez: PH 5. Lillian Blondet: Good morning. Lillian Blondet, assistant director, Department of Community Development. The City would like to continue the rehabilitation of businesses along the Little Haiti/Northeast 2ndAvenue corridor. The second project that we're proposing is to rehabilitate eight businesses on the 5800 block of Northeast 2ndAvenue. So we're asking the -- we're recommending the transfer of CDBG (Community Development Block Grant) funds in the amount of $150, 000 from One Art, Inc.; $30, 000 from Better Way ofMiami; and 5, 000 from the District 5 reserve account, for a total allocation of $185,000 to Rafael Hernandez Housing and Economic Development Agency, who is going to oversee the project for the City. Chair Sanchez: Okay. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. City ofMiami Page 18 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, it requires a public hearing. We are on PH.5, which is a resolution. Anyone wishing to address PH.5, please step forward and be identified. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on PH.5? Commissioner Sarnoff Yes, Mr. Chair. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff This particular item doesn't require any of the property owners to put one penny into this, correct? Ms. Blondet: That's correct. Commissioner Sarnoff It is 100 percent funded by the City. Ms. Blondet: That's correct. Commissioner Sarnoff In the past -- you did that recently, and you just did some property just down the block from it or adjacent to it. Ms. Blondet: Just north, yes. Commissioner Sarnoff And there's graffiti already on the walls. Ms. Blondet: Yes, there is. Commissioner Sarnoff I just question the wisdom of not requiring a business owner to put no money into a project at all. I really question the wisdom of-- I think it's -- you usually require 15 percent. Is that about right? Ms. Blondet: The facade program requires that. Commissioner Sarnoff Fifteen percent. I know in my facade program, I've amended that to require 25 percent. I just think you have to put skin in the game. I believe, once you put sweat equity into something, you take care of it. And I just question the wisdom of not requiring a business owner to put some sweat equity in an improvement in his own building, so I'm not sure I can support this with zero money into it. I think you state a pretty meager message to the rest of the City who shoulders the burden of paying their taxes and not requiring an owner even to put 5 percent in as a good faith gesture and put some skin in the game. Commissioner Gonzalez: I will withdraw my motion because I was under the impression that they will have to contribute 15 percent also. Chair Sanchez: All right. So there is -- Commissioner Gonzalez: It is the same program -- Chair Sanchez: -- no motion. Commissioner Gonzalez: -- that we have in Allapattah, that we have in District 1. Everybody has to contribute 15 percent. City ofMiami Page 19 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: I think that's standard. Commissioner Sarnoff Right. Chair Sanchez: All right. So there is no motion. So -- Ms. Blondet: This is a pilot project, and you know, that regulation allows that, but if the Commission wants to put a match requirement -- Chair Sanchez: All right. Why don't we do something. It is a Disfrict 5 item. Let's go ahead and, since there's no motion, let's get a motion to defer the item so when the Disfrict 5 Commissioner's here, she could address the item. Let's all -- for the sake of fairness, okay? So is there a motion to defer? Commissioner Gonzalez: Up to the district Commissioner. Chair Sanchez: Well, he's not the disfrict Commissioner on this. Commissioner Sarnoff I'm not the disfrict Commissioner of 5, but -- Chair Sanchez: Disfrict 5. Commissioner Sarnoff -- I'll move to defer. Commissioner Gonzalez: Oh, I'm sorry. District 5 is not here. I'm sorry. Chair Sanchez: All right. There's -- Commissioner Gonzalez: Disfrict 2. Chair Sanchez: -- a motion to defer the item by Commissioner Sarnoff, second by Commissioner Gonzalez. Commissioner Gonzalez: Yeah. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. Pamela E. Burns (Assistant City Clerk): Mr. Chair -- Chair Sanchez: PH.5 has been deferred. Ms. Burns: To what date? Chair Sanchez: To the next Commission meeting. Ms. Burns: And that would be July 23? Chair Sanchez: Yes. Ms. Burns: Thank you. City ofMiami Page 20 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 PH.6 09-00748 Department of Community Development Chair Sanchez: All right. Commissioner Gonzalez: Also, I would like to get some information, and I'm pretty sure that there is a can of paint that graffiti doesn't stick to, okay. There is some kind of paint or some kind of cover or some kind of anti -graffiti, you know. And if we're implementing -- if we're spending money, especially on areas where we have a lot of problems with graffiti, I think that we should spend a little bit more money and use a product that then we can go and wash it with, you now, soap and water and not have to repaint the building. So would you please -- George Mensah (Director, Community Development): Yes. Commissioner Gonzalez: -- get us that information and -- Mr. Mensah: We'll look into it. Commissioner Gonzalez: -- provide it to -- Commissioner Sarnoff It's aluminum -- Commissioner Gonzalez: -- me and to -- Commissioner Sarnoff -- oxide paint. Commissioner Gonzalez: -- my colleagues? Mr. Mensah: Yes. We'll look into that. Commissioner Sarnoff We have it in our office. You can check. Commissioner Gonzalez: All right. Chair Sanchez: All right. Commissioner Sarnoff We keep a can on hand. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE CONVEYANCE OF THE PARCELS OF LAND LOCATED AT 6005 NORTHWEST 15TH AVENUE AND 1461 NORTHWEST 60TH STREET, MIAMI, FLORIDA, TO THE CITY OF MIAMI; AUTHORIZING THE CANCELLATION OF THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MIAMI AND PALMETTO HOMES OF MIAMI, INC. FOR THE PARCEL OF LAND LOCATED AT 1477 NORTHWEST 60TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CONVEYANCE OF THE PARCELS OF LAND LOCATED AT 1320 NORTHWEST 61st STREET AND 1370 NORTHWEST 61ST STREET, MIAMI, FLORIDA, WITH PARCEL REVERTER PROVISIONS, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PALMETTO HOMES OF MIAMI, INC. FOR THE DEVELOPMENT OF THE GREEN TOWNHOMES PROJECT, SUBJECT TO ALL RESTRICTIONS PROVIDED IN RESOLUTION NO. 08-0334, ADOPTED JUNE 12, 2008; AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS FOR City ofMiami Page 21 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 SAID PURPOSE. 09-00748 Legislation.pdf 09-00748 Exhibit 1pdf 09-00748 Exhibit 2.pdf 09-00748 Summary Form.pdf 09-00748 Pre Legislation.pdf 09-00748 Quit -Claim Deed 1pdf 09-00748 Quit -Claim Deed 2.pdf 09-00748 Pre Legislation 1pdf 09-00748 Pre Legislation 2.pdf 09-00748 Exhibit A.pdf 09-00748 Special Warranty Deed..pdf 09-00748 Map 1.pdf 09-00748 Green Townhomes.pdf 09-00748 Northern Trust Letter.pdf 09-00748 Certificate of Title.pdf 09-00748 Corporation.pdf 09-00748 Map 2.pdf 09-00748 Map 3.pdf 09-00748 Purchase Sale Agreement 1pdf 09-00748 Purchase Sale Agreement 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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0335 Chair Sanchez: All right. Let's move on to PH 6. George Mensah (Director, Community Development): Mr. Chair, George Mensah. PH 6 is a resolution of the Miami City Commission accepting two parcels of land, 6005 Northwest 15th Avenue and 1461 Northwest 60th Sfreet, Miami, Florida, from -- and then cancelling the purchase of sale agreement between the City ofMiami and Palmetto Homes for the parcel located at 1477 Northwest 68th Sfreet; and in addition, authorizing the transfer of property located at 1320 61 st Street and 1370 Northwest 61 st Street to Palmetto Homes ofMiami for the construction of townhomes. We brought -- Chair Sanchez: All right. Is there a motion? Commissioner Sarnoff Move it. Commissioner Gonzalez: Second. Commissioner Regalado: Second. Chair Sanchez: There's a motion. There's a second. It is a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for discussion. Hearing no discussion, it is a resolution. We are voting on PH 6. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 22 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Madam Clerk, PH.6 was approved, 4-0. All right. That takes care of the public hearing. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 09-00615 ORDINANCE Second Reading District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Marc David Sarnoff 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 SR.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13079 Chair Sanchez: SR.1. Commissioner Sarnoff This is a second reading, which would allow alcoholic beverages to be consumed on certain special events. More particularly, we just had it on Commodore Plaza or Commodore -- I guess, Commodore Street is the right way of expressing it, but we converted it to Commodore Plaza. It would allow the City ofMiami to grant exceptions from restrictions on consuming alcoholic beverages on public streets on certain occasions. I would provide a following amendment. Such special occasion shall require special event permits with any associated notice that may be required. Is that correct, Ms. Slazyk? Lourdes Slazyk (Zoning Administrator): Yes. Chair Sanchez: All right. It is -- Commissioner Sarnoff So I'll make a motion. Chair Sanchez: -- in front of us and there is an amendment. Who made the motion? Commissioner Sarnoff I'll make the motion. Chair Sanchez: Okay. There's a motion -- Commissioner Regalado: Second. Chair Sanchez: -- and amendment. Who's -- I need a second. Commissioner Regalado: Second. Chair Sanchez: Okay. There's a second. Before we open it up for discussion, it is a public City ofMiami Page 23 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 hearing in front of us on second reading. 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, on SR.1, which is an ordinance on second reading. Madam Attorney, read the ordinance into the record, as amended, 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, and this is on the second reading modified ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as amended, 4-0. SR.2 09-00637 ORDINANCE Second Reading Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Manny Diaz 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE V ENTITLED "INDOOR ENVIRONMENTAL AIR QUALITY CONSTRUCTION MANAGEMENT PLAN DURING CONSTRUCTION ORDINANCE" TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00637 Legislation SR.pdf 09-00637-Submittal-Email.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13080 Chair Sanchez: All right. SR.2. Pedro G. Hernandez (City Manager): Mr. Chair, SR.2 -- Chair Sanchez: This is Sustainable Initiative [sic]. Let's go. Mr. Hernandez: -- is the second reading of an ordinance dealing with indoor environmental air quality construction management plan. Glen, if you can put something in the record on the item. Chair Sanchez: I just think it's -- Glen Hadwen (Environmental Program Manager, Office of Sustainable Initiatives): Sure. This is -- Chair Sanchez: Mr. City Manager, I think it's important that we put things on the record so people that are watching at home on TV (Television) know what we're voting on. So just a brief - City ofMiami Page 24 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Hadwen: Summary. Chair Sanchez: -- it's on second reading -- what we're voting on. Mr. Hadwen: Okay. This is -- I'm Glen Hadwen, Environmental Programs manager in the Office of Sustainable Initiatives. This is the -- an ordinance, an indoor environmental quality construction management plan, and it's a requirement during construction on sites over 4,000 square feet for commercial, three units for residential, that they -- that the contractors have a plan in place to control issues related to indoor air quality. Chair Sanchez: Okay. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, it is an ordinance on second reading, requiring a public hearing. Anyone from the public wishing to address this item, please step forward. Okay. You're recognized for the record. Truly Burton: Thank you so much. Chair Sanchez: Good morning. Ms. Burton: Mr. Chairman, Truly Burton, on behalf of the Builders Association of South Florida. Good morning. We've talked with your staff Mr. Hadwen and Mr. Ruano, about this particular one, also in consultation with some of our high-rise members. We support this one, first. Second, I did want to thank Mr. Ruano and Mr. Hadwen for considering and reviewing the National Association of Home Builders green building standard. It was not included in my plan, but it is a specific standard build -- specifically tailored for residential construction. And while LEED (Leadership in Energy and Environmental Design) has its good focus more on commercial, this is a bit more user-friendly for residential. So when the boom or when any work comes back, sooner than later, we would certainly hope that your staff will have had a chance to take a look at it. And if they agree that it is something that you all -- that the City can support, that they would present that to you for inclusion into MiPlan at some time in the future. Thank you. Chair Sanchez: All right. Thank you. Anyone else from the public? If not, the public hearing is closed, coming back to the Commission for discussion. We are on SR.2, an ordinance on second reading. Hearing no discussion, Madam Attorney, 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, 4-0. City ofMiami Page 25 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 SR.3 09-00638 ORDINANCE Second Reading Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Manny Diaz 22.5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GREEN INITIATIVES," TO CREATE ARTICLE VI ENTITLED "SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL" TO ADD SECTIONS TO PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION, SEDIMENT CONTROL AND DISCHARGE OF STORMWATER IN THE CITY OF MIAMI; IMPLEMENTING ADMINISTRATIVE FEES AND ENFORCEMENT PROCEDURES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00638 Legislation SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones 13081 Chair Sanchez: All right. SR.3, same department. Glen Hadwen (Environmental Program Manager, Office of Sustainable Initiatives): Yes. This is an ordinance entitled "Soil Erosion, Waterway Sedimentation, and Airborne Dust Control." This requires, on construction sites with exposed soil greater than half an acre, that they develop a plan to confrol airborne dust, sediment -- and waterway sedimentation, and that they implement that plan. And there are fines associated with the release of -- if there are waterway or sediment or erosion releases. Commissioner Gonzalez: Move it. Mr. Hadwen: Actually, I'm sorry. One more thing I forgot to mention. There's a scrivener's error, which I believe was distributed to the Commission, and I wanted to put that on the record. Chair Sanchez: Okay. Could you identify the error? Mr. Hadwen: Do you want me to read it? Chair Sanchez: Yes. Mr. Hadwen: Okay. On page 4 of the ordinance, at the top of the page number 4, the item number 4 has been changed to read as follows. "Inspection scheduled for all erosion, stormwater and sediment confrol measures or best management practices (BMPs): A qualified person procured by the applicant must perform erosion, sediment and stormwater pollution prevention inspections at least weekly and within 24 hours after every rain event of one-half inch or more for sites less than five acres. Sites greater than five acres must be inspected at least weekly and within 24 hours after every rain event of one -quarter inch or more. Maintenance must be performed within one week of the first inspection that indicates such maintenance is required." Chair Sanchez: Would that be an error or a substitute? It would be a substitute. City ofMiami Page 26 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Hadwen: Substitution. Chair Sanchez: Okay. So noted as a substitution placed on the record. Maker of the motion accepts the substitution? Commissioner Gonzalez: Motion with the -- Chair Sanchez: Okay. Commissioner Gonzalez: -- substitution. Chair Sanchez: All right. There's a motion and a second, as substituted. Priscilla A. Thompson (City Clerk): I'm sorry. I didn't hear your seconder. Commissioner Sarnoff Yes. Second. Chair Sanchez: Commissioner Marc -- Ms. Thompson: Thank you. Chair Sanchez: -- Sarnoff made the second with the substitute. All right. Anyone from the public wishing to address this item, please step forward and be recognized. Good morning. Truly Burton: Good morning. Again, Mr. Chairman and members of the Commission, Truly Burton, on behalf of the Builders Association of South Florida. Again, our small high-rise group reviewed this particular ordinance as well, and we have one or two concerns about it, some of which we have expressed -- all of which we've expressed to staff. But I do appreciate the time, again, that Mr. Ruano and Mr. Hadwen took in talking with me and some of our members on it. The main concern that we have is this. This is a LEED (Leadership in Energy and Environmental Design) -driven stormwater proposal that we think is very close to the federal Clean Water Act, NDPES [sic] permit. It's the National Pollution Discharge Elimination System that all construction sites have been required, for probably the past five to seven years, to obtain anyway. They do protect for erosion control, sedimentation and any kind of cloudy waters that are flowing into nearby rivers and streams off of a construction site. We're not sure why LEED, which is a green building standard that includes, of course, some sustainability guidelines, is being looked to for site development regulation when a federal permit is already requiring something that is either similar or very, very close to the -- this particular LEED requirement and why is there duplication in stormwater. If you already have a federal permit, I'm not sure why this is quite necessary. If the proposed stormwater requirement is similar to LEED and if a builder can get LEED points for complying, that's great. I don't think anyone's got a problem with that, but I don't know how the City's proposed program compares to the federal permit, so I'm confused about that. Chair Sanchez: All right. Somebody -- could somebody address that question? Mr. Hadwen: I'd like to ask Diane Waters from Public Works to talk about that. Chair Sanchez: Okay. Diane. Diane Waters: Diane Waters, City of Miami Public Works Department. National Pollutant Discharge Elimination System, or NPDES, Section. The LEED standards changed in 2009 so that now the LEED certification requires compliance with the NPDES program. In the state of Florida, it's no longer a federal permit. It is a state permit issued by the -- City ofMiami Page 27 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Ms. Burton: DEP (Department of Environmental Protection). Ms. Waters: -- State of Florida, so that's why now this is addressed under a LEED ordinance. Ms. Burton: Okay. Does someone get LEED points if they now comply with the federal -- with, effectively, what now -- what is a state permit? Ms. Waters: The LEED points are issued by the US (United States) Green Building Council. The City does not issue them -- Ms. Burton: Okay. Ms. Waters: -- so that would be something to address to the US Green Building Council. Ms. Burton: Okay. So basically what you're saying is that this LEED-based stormwater program is comparable to the NDPES [sic] DEP standard, correct? Ms. Waters: LEED -- the new LEED 2009 now adopts all local, federal, NPDES erosion and sediment control ordinances as part of the LEED standard. Ms. Burton: Now I understand it. Okay. Thank you very much. I appreciate that. Chair Sanchez: All right. Thank you. Ms. Burton: Thank you. I have one other point that want to make, Mr. Chairman, please. Originally, the fines and violations seemed to be really very expensive, as well as having no time to cure. Mr. Hadwen indicated to me also that City staff does have some leeway if they see people are looking to cure any violations that they've been cited with so that in the future, you know, it's not that you get fined immediately, that you have an opportunity to cure, but that is at the discretion of the inspector. And although it's not in the ordinance, I just wanted to put that on the record that appreciated that. Chair Sanchez: Thank you. Ms. Burton: Thanks. Chair Sanchez: Anyone else wishing to address this item? Good morning. Carol Bowen: Good morning, Mr. Chair, Commissioners. For the record, my name's Carol Bowen. I'm the director of Government Affairs for Associated Builders and Contractors. I am -- I want to go on the record as saying that ABC (Associated Builders and Contractors) applauds your efforts for pushing forward these green initiatives. We are a big supporter and proponent of the green building movement. We understand it. Our members are working towards meeting those requirements. Our concerns on this issue were very similar, if not identical, to the ones that Truly just brought to you, which sounds like they have been aired out. One additional recommendation that would like to make, as LEED is an evolving process and the requirements continue to change and be adopted, I think something that the City would want to make sure that they're doing is that they're educating their inspectors and that they're constantly reviewing these changes as they're adopted so that the inspectors and the people working on these jobs are being required to meet the most up-to-date requirements that are being held to that standard and that there's no confusion on that end because I could see there being some difficulty between what's out now, what's to come out later, and what people think they have to meet, and what they're getting penalized for. So that's a recommendation that would just make as this continues to develop. City ofMiami Page 28 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: Thank you. Ms. Bowen: Thank you. Ms. Waters: In response to that, I would just like to add that the City ofMiami Public Works Department does now conduct Florida stormwater erosion and sedimentation control inspector training, which is a statewide certification, and if you look at the construction general permit, somebody who's qualified to perform these inspections is referenced as somebody who has successfully completed that training. I'm a certified instructor, and we do generally at least two trainings a year. They are open to the public. They're free of charge. And if you like, we can make contact and I can give you my contact information so that you can be informed of when our next classes are. Chair Sanchez: Thank you. All right. Any further questions? If not, the public hearing is closed, coming back to the Commission. We are on SR.3. Any discussion on SR.3? Commissioner Sarnoff Yes, sir. Chair Sanchez: You're recognized for the record. Commissioner Sarnoff Well, Mr. Manager, I thought I understood this, but now I'm a little bit confused. IfI understood the discussion today, there were federal standards, which are now state standards through DERM (Department of Environmental Resources Management) or DEP. And these standards are more sfringent or less sfringent than those standards? Mr. Hernandez: Glen, please. Mr. Hadwen: They're actually more stringent. We've decreased the threshold. And I believe we're -- part of our city's permit is actually enforcing the state standards. Is that correct? Yes. So -- Commissioner Sarnoff So the State allows us to be more stringent -- Mr. Hadwen: Yes. Commissioner Sarnoff -- than what their standards are? Mr. Hadwen: Yes. We can be -- we can only go in that direction. We can be more stringent, but not less. Commissioner Sarnoff Okay. Mr. Hadwen: Yeah. Commissioner Sarnoff And -- I got you. Okay. Mr. Hadwen: Okay. Chair Sanchez: All right. Any further questions? Any further discussion on SR.3, which is an ordinance on second reading? If not, we've had a motion and a second. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 29 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: Roll call. Ms. Thompson: This is your roll call, second reading. Commissioner Sarnoff Before we do that, can I ask one more question? Mr. Chair? Chair Sanchez: Yes. Commissioner Sarnoff Has anybody done a cost analysis on this, what it would cost? Mr. Hernandez: Have you, Glen? Commissioner, the associated costs here would be the inspections by our staffing, and that would be absorbed by Building, Public Works, and Code Enforcement, as needed. Ms. Waters: Just to add that we have done a rough draft fiscal analysis. We're waiting for final revision on that. However, there is also a cost the City pays now as far as all the activities we have to do to remove sediment from pump stations, storm sewers, everything else. And so right now we looked at it over a ten-year period, and again, this is a draft. This is not the final version that has been finally approved. But our rough numbers, if you look at all the dredging activities that we have to do of our waterways to maintain their capacity for stormwater for flood prevention, if you look at that, all the storm sewer cleaning -- and this doesn't include all the design work that's needed prior to dredging, all the work that has to be done by consultants in order to get permits to do dredging. We're looking at, over a ten-year period, approximately a $29 million savings to the City by adopting this ordinance, and that's without issuing a single fine. Commissioner Sarnoff What is the cost of this ordinance, for the implementation to it? Ms. Waters: The ordinance would pay by itself in terms of the reduction of costs to clean out storm sewer system and clean out pump stations and other -- Commissioner Sarnoff Separate and apart from your anticipated future savings, what is the cost of the ordinance? Ms. Waters: We're looking at -- excuse me just a minute. Mr. Hernandez: Commissioner, the work -- or the inspection work associated with this is done by Public Works inspectors that are funded out of the stormwater utility, and they're also backed by Code Enforcement inspectors that have the ability, the authority to be able to issue citations. Commissioner Sarnoff So they're -- you could -- what you're telling me is there is no cost. Chair Sanchez: That's what I was told. Mr. Hernandez: If anything, it's minimal, sir, because, in essence, we already have inspectors that provide this kind of service, and they're funded by stormwater utility. Commissioner Sarnoff Okay. I just wanted to know that. I just wanted to know that you're going to use the same person with the same pulse with the same heartbeat that's doing a job right now and just asking him to follow these standards. Mr. Hernandez: Exactly. Commissioner Sarnoff Okay. City ofMiami Page 30 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: All right. Commissioner Sarnoff I apologize to the Commission. I just wanted to understand that. Chair Sanchez: All right. SR.3. We have a motion and a second. No further discussion on it. Madam Attorney, read the ordinance into the record. Ms. Thompson: She read it already. Chair Sanchez: You read it? Commissioner Gonzalez: She already did. Ms. Thompson: We were in the roll call. Chair Sanchez: Followed by a roll call. Ms. Thompson: Now this is a roll call on second reading. This ordinance is now modified. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, as modified, on second reading, 4-0. 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 7-9-09 09-00094 Summary Form.pdf 7-9-09 CONTINUED FR.2 09-00555 ORDINANCE First Reading Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 17, ENTITLED "ENVIRONMENTAL PRESERVATION," AND CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN, AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE PUBLIC WORKS DEPARTMENT TO CONFORM City ofMiami Page 31 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 TO NEW LAND MANAGEMENT AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET IMPROVEMENTS; TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00555 Legislation FR/SR.pdf 7-9-09 09-00555 Summary Form FR/SR.pdf 7-23-09 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: And we could move into -- Commissioner Gonzalez: You have FR.2. Chair Sanchez: Yeah. Hold on. Let me fry to catch up here. Commissioner Gonzalez: FR.2 and FR.3. Chair Sanchez: All right. Let's go to FR.2. FR.1 was continued. We go to FR.2. Julianne Diaz: Julianne Diaz, assistant director, Department of Public Works. FR.2 is an ordinance amending the City Code regarding the issuance of permits for construction and the use of the public right-of-way. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Motion is made by Commissioner Gonzalez. Commissioner Sarnoff Second. Chair Sanchez: Second has been made by Commissioner Sarnoff. Before we open up for discussion, it's an ordinance on first reading. We are on FR.2; requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, for the record, the public hearing is closed, coming back to the Commission. Any discussion on the item? Hearing no discussion on the item, FR.2, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. City ofMiami Page 32 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Before issuing my vote, I just want to tell you that I have serious problems with Public Works Department. And I don't have problem with Public Works Department and their regulations and their mandates and their requirements. What I do have a serious problem with is the fact that you go to Public Works, you get a set of permits -- a set of plans approved, stamped and ready to build; and after you have built your building, when you're ready to ask for the final inspection, then the (UNINTELLIGIBLE) Department comes back and tell you that you have to dig a drench and you have make a drain field, and you have to spend another 20, 25, $30, 000. And that has happened in my district twice; one in an affordable housing project, and two, in a business -- in a new warehouse that they build on 23rd Street and 10th Avenue. When this man was ready to get the CO (Certificate of Occupancy), the last approval that he needed was the Public Works -- the sidewalk was approved, everything was approved on the plans, and then they changed the ball on him and cost him another 25, $30, 000. I mean, we need to be more cautious of what we're doing because, you know, I mean, we're deterring people from investing in the City ofMiami. And all ofyour jobs depend on the monies that come in from these people that build, okay? So let's treat people with more conscious. Let's be a little bit more conscious, Mr. Manager. You got to instruct your people in your Building Department that make sure that before they approve a set of plans, they include all requirements, all the -- everything that you need, everything that you want, but do it once. Don't do that to people that once the people have plans approved and they believe that they're done and they're ready and they're good to go, then they come up with another problem and another expense. Yes. Pedro G. Hernandez (City Manager): Commissioner, I do agree with you, and I'll follow it up with the department. Commissioner Gonzalez: Yeah. Chair Sanchez: Okay. Ms. Thompson: Continuing with your roll call. Commissioner Gonzalez: I mean, it's only fair. And let me tell you, it's going back to 1985, when I fried to legalize an apartment, convert a single-family into a duplex that I had -- every time that I go to Building and Zoning, every single day there was a different requirement. I complied with this, oh, yeah, this is fine. This is good. You know, you did a good job, but tomorrow, bring me this. Then tomorrow, bring this; oh, good. You did a very good job, but now you need -- I mean, you know, are we going back to the same time, same era? Mr. Hernandez: We can't. Commissioner Gonzalez: No. I mean, every department should know what they require to issue a permit. And ask -- I'm not telling you to waive anything. I'm not telling you to do -- go do away with anything. Ask of citizens everything that they need at one time. Don't do it piecemeal, every two weeks something different because that drives people crazy. Chair Sanchez: Okay. Ms. Diaz: We'll look into it. Ms. Thompson: Your last -- Chair Sanchez: Roll call. City ofMiami Page 33 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Ms. Thompson: Continuing -- yes. Then Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Sanchez: All right. That was FR.2. FR.3 09-00755 ORDINANCE First Reading Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO Attorney MUNICIPAL ELECTIONS; CHANGING THE QUALIFYING TIME PERIOD FOR A SPECIAL ELECTION FOR A DISTRICT COMMISSION SEAT THAT MAY BECOME VACANT IF AN INCUMBENT COMMISSIONER RESIGNS TO RUN FOR THE OFFICE OF MAYOR; ESTABLISHING THE EFFECTIVE DATE OF SAID RESIGNATION IN ORDER TO ALLOW FOR A SPECIAL ELECTION AT THE SAME TIME AS THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2009; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-00755 Legislation. FR/SR pdf 09-00755 Memo.FR/SRpdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones Chair Sanchez: FR.3. It's an ordinance on first reading. Julie O. Bru (City Attorney): Mr. Chairman, this ordinance was prepared by my office pursuant to the request of this Commission at the last meeting. This ordinance would change the qualifying period for candidates should there be a special election, if there is a vacancy created by the resignation of an incumbent Commissioner who runs for mayor, and therefore, facilitating a special election at the same time as the regularly scheduled election that has been called for November 3. Commissioner Regalado: Move it. Chair Sanchez: All right. Commissioner Sarnoff Second. Chair Sanchez: There is a motion and a second on the ordinance. Commissioner Gonzalez? We are on FR.3. Commissioner Gonzalez: Yes. Chair Sanchez: Okay. There's been a motion and a second. Anyone from the public -- before we open it up for discussion, anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, it comes back to the Commission. Any questions on this ordinance? Madam Attorney, I have a question. This ordinance just takes care of this problem for a certain Commissioner. It doesn't take care of it in the future for any other Commissioner who finds himself in the same situation. Is that correct? Ms. Bru: This ordinance would only deal with a situation that would occur in this particular City ofMiami Page 34 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 election year. It doesn't limit it to one Commissioner. It would be applicable to any Commissioner who currently is an incumbent who wishes to resign to run for the office of mayor. So it would be applicable if another Commissioner, whose term doesn't expire at the end of -- in November, that wishes to resign to run for mayor. And it is an ordinance that would only become operative if the events described in this ordinance were to occur. So, specifically, this ordinance would only become operate if an incumbent Commissioner who is seeking to run for mayor resigns and that incumbent Commissioner resigns with an effective date of September 4. In that case -- and if the Commission were to fail to appoint someone to fill the vacancy and there had to be a special election, in accordance with Section 12B of the Charter, in that case, this ordinance would take effect, and then the qualifying period for that special election for any candidate wishing to qualify for that special election would be the period that we have described in this ordinance, which would be September -- Chair Sanchez: So effective September -- Ms. Bru: -- 15 through the 19. Chair Sanchez: -- so effective on September 4, 209 [sic]. Ms. Bru: Right. Chair Sanchez: Okay. Ms. Bru: This ordinance actually would become effective after second reading, but it doesn't operate unless all these other events that we have described therein happen. So we really will not know whether or not this ordinance would have to operate until there is an incumbent Commissioner who resigns, effective September 4, and the remaining Commissioners fail to appoint someone within ten days. Commissioner Gonzalez: If you --? Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Gonzalez: I understand that the last time that we were talking about this -- and I don't know why things get so complicated here. I mean, very simple problems, very simple solutions. It's a matter of taking action, okay. At the last Commission meeting, we agreed that Commissioner Regalado, who supposedly is the one that has to resign, was going to resign and I was going to make a motion to reappoint him. I don't know if he will have the three votes, but at least my motion will be there to reappoint him. That was going to -- that was very simple. I mean, very easy, very -- you know, two minutes. It doesn't need rocket science. We don't need to go to Harvard and take a six -months course to solve something so simple. Commissioner, have you resigned? Commissioner Regalado: Commissioner, if you remember on the discussion that we had, we all agreed that on the second reading, I will have the letter already presented to the City Clerk -- Commissioner Gonzalez: Okay. Commissioner Regalado: -- making the resignation effective on September 4, 2009. That -- this is what we discussed and suggested -- all of you suggested to do it on the second reading of this ordinance, which will be on July 23. Commissioner Gonzalez: Twenty-third. Commissioner Regalado: So before July 23, the City Clerk will have the official letter of City ofMiami Page 35 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 resignation effective, September 4, 2009. Commissioner Gonzalez: All right. And then I'll -- Chair Sanchez: And then -- Commissioner Gonzalez: -- I'm going to be making a motion to reappoint Commissioner Regalado, so that's -- Chair Sanchez: Okay. Commissioner Gonzalez: -- you know, very clear. That's going to be my motion. So what do we need to do now? Vote on the -- Chair Sanchez: On this -- what we need to do is vote on this ordinance. When his resignation -- on second reading, we -- if there's a -- Commissioner Gonzalez: Do we have a motion on the ordinance? Chair Sanchez: -- if there are the votes to reappoint -- Yes. There's a motion and a second. Commissioner Gonzalez: Okay. Chair Sanchez: All right. There's a motion and a second. Any further discussion on FR.3? Hearing no discussion on FR.3, read the ordinance into the record, followed by a roll call on first reading. Ms. Bru: Just a point of clarification, Mr. Chairman. Commissioner Gonzalez, the ordinance would be presented for second reading on July 23 -- Commissioner Gonzalez: July 23. Ms. Bru: -- and if the Commissioner resigns and tenders his resignation on July 23, with an effective date of September 4 -- Chair Sanchez: We could reappoint him. Ms. Bru: -- this Commission cannot take action on appointing until after the effective date of that resignation. So some time in September, then you could take action, okay? Commissioner Gonzalez: All right. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: It's actually an effective date. Thank you. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Ms. Bru: And Madam Clerk, just for the record, this ordinance will come July 23 for second City ofMiami Page 36 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 FR.4 09-00775 RE.1 09-00687 Department of Capital Improvements Program reading, so we must make sure that it gets advertised. Ms. Thompson: Okay. Thank you. Ms. Bru: Thank you. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 18/ ARTICLE III, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "FINANCE/CITY OF MIAMI PROCUREMENT ORDINANCE," TO ESTABLISH A CITY OF MIAMI RESPONSIBLE CONTRACTOR PROGRAM, UNDER NEW SECTION 18-118 OF THE CITY CODE; INCLUDING ESTABLISHING AN OVERALL HOURLY RATE OF PAY, PLUS BENEFITS, PER SPECIFIED PROVISIONS OF THE MIAMI-DADE COUNTY CODE REFERENCED HEREIN; ESTABLISHING AN APPRENTICESHIP PROGRAM; AUTHORIZING THE CITY MANAGER TO ESTABLISH AN ADMINISTRATIVE PROCEDURE FOR MONITORING COMPLIANCE WITH AND ENFORCEMENT OF THIS PROGRAM; CONTAINING A WAIVER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00775 Legislation .pdf SPONSORS: CHAIRMAN SANCHEZ VICE CHAIR SPENCE-JONES DEFERRED Note for the Record: Item FR.4 was deferred to the Commission meeting currently scheduled for July 23, 2009. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT WITH C.G. CHASE CONSTRUCTION MANAGEMENT, INC., PURSUANT TO RESOLUTION NO. 08-0508, ADOPTED SEPTEMBER 11, 2008, FOR THE PROJECT ENTITLED "GSA FLEET TRUCK WASH UPGRADE, B-74205A," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $163,700, INCREASING THE CONTRACT FROM $1,119,800 TO $1,283,500; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. B-74205A; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00687 Legislation.pdf 09-00687 Exhibit.pdf 09-00687 Summary Form.pdf 09-00687 Text File Report.pdf 09-00687 Bid.pdf City ofMiami Page 37 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones RE.2 09-00688 Department of Public Works R-09-0336 Chair Sanchez: All right. FR.4 was deferred. Let's go to RE.1. Continue -- I'm sorry. FR.4 was continued. Let's move on to the resolutions. RE.1. Ola Aluko: RE.1. Good morning, Commissioner. Ola Aluko, director of Capital Improvements, City ofMiami. RE.1 is a resolution to authorize additional services for CG Chase Construction Management, in an amount not to exceed $163, 700, for the GSA (General Services Administration) fleet truck wash upgrade projects [sic]. This amendment will increase the contract value from $1,119, 000 to $1, 283, 000. The changes are for additional -- I'm sorry, for unforeseen conditions encountered during the construction, also for an FP&L (Florida Power & Light) transformer vault relocation and the removal of contaminated soils that we did not anticipate during construction. Chair Sanchez: All right. RE.1 is a resolution. We need a motion and a second. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Can someone proffer a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. It does not require a public hearing. It is a resolution. Any further discussion on RE. 1 ? Hearing no further discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It's passed, 4-0, Madam Clerk. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REPEALING THE CODESIGNATION OF NORTHWEST 5TH COURT FROM NORTHWEST 60TH STREET TO NORTHWEST 62ND STREET, MIAMI, FLORIDA, AS "RED RAIDERS ROAD," PURSUANT TO RESOLUTION NO. 86-281, ADOPTED APRIL 10, 1986, AND REPLACING SAID CODESIGNATION TO NORTHWEST 5TH COURT FROM NORTHWEST 58TH STREET TO NORTHWEST 60TH STREET, MIAMI, FLORIDA; URGING MIAMI-DADE COUNTY TO PLACE SIGNS AT SAID NEW LOCATION; FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DEPARTMENT OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00688 Legislation.pdf 09-00688 Summary Form.pdf 09-00688 Resolution .pdf City ofMiami Page 38 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0337 Chair Sanchez: I think -- at this time, I want to recognize the Mayor, who is here to speak about the school grades reference one of the consent agenda items. So -- but before we do that, are there any consent agenda items that any of the Commissioners wish to pull for discussion or the Administration? Any consent agendas [sic] to be pulled for discussion? Okay. So for the record, there are no items being pulled for discussion. Chair Sanchez: We move on to RE.2. Public Works. Julianne Diaz: Julianne Diaz, assistant director, Department of Public Works. RE.2 is a resolution repealing the 1986 codesignation of Northwest 5th Court from Northwest 60th Street to Northwest 62nd Street as Red Raiders Road and replacing the said codesignation segment from Northwest 5th Court from Northwest 58th Street to Northwest 60th Street. Commissioner Gonzalez: Move it. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion. Motion is -- Commissioner Regalado: Second. Chair Sanchez: -- made by Commissioner Gonzalez, second by -- Who second it? -- Commissioner Regalado. Any discussion on the item? It is a resolution, which requires no public hearing. All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RE.3 09-00689 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), A PARCEL OF LAND CONTAINING APPROXIMATELY +/- 1,543 SQUARE FEET, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, OF FDOT PROPERTY LOCATED AT THE NORTHEAST CORNER OF BICENNTENNIAL PARK A/K/A MUSEUM PARK, MIAMI, FLORIDA, ADJACENT TO I-395, BY QUITCLAIM DEED, WITH A PUBLIC PURPOSE REVERTER PROVISION, IN SUBSTANTIALLY THE ATTACHED FORM, TO BE USED IN CONNECTION WITH THE DEVELOPMENT OF THE MUSEUM PARK MASTER PLAN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID ACQUISITION. City ofMiami Page 39 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 09-00689 Legislation.pdf 09-00689 Exhibit 1.pdf 09-00689 Exhibit 2.pdf 09-00689 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0338 Chair Sanchez: We move on to RE.3. RE.3 is brought to us by the Department of Public Facilities. Madeline Valdes: Good morning. Madeline Valdes, acting director, Department of Public Facilities. This resolution authorizes the City Manager to accept from FDOT (Florida Department of Transportation) a parcel of land containing 1,543 square feet located on the northeast corner of Bicentennial Park adjacent to I-395 by quick claim deed with a public purpose reverter provision in connection with the development of Museum Park; further authorizing the City Manager to execute all documents which are necessary to effectuate this conveyance. Chair Sanchez: All right. Need a motion and -- Commissioner Sarnoff Motion. Chair Sanchez: -- a second. Motion is made by Commissioner Sarnoff. Second? Need a second. Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Any discussion on the item? It's a resolution. Does not require a public hearing. Any discussion on the item? Hearing none, we are voting on RE.3, which is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Valdes: Thank you. RE.4 09-00702 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO THE PROPOSAL OF THE HIGHEST -RANKED FIRMS, PURSUANT TO RESOLUTION NO. 08-0669, ADOPTED DECEMBER 11, 2008, FOR THE PROJECT ENTITLED "MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT (MIAMI NICE)", FOR ADDITIONAL SERVICES, IN AN AMOUNT NOT TO EXCEED $165,000, THEREBY INCREASING THE CONTRACT FROM AN AMOUNT NOT TO EXCEED $132,500 TO AN AMOUNT NOT TO EXCEED $297,500; ALLOCATING FUNDS FOR SAID INCREASE, FROM SPECIAL REVENUE PROJECT 15500.101000.531000.0000.00000; FURTHER AUTHORIZING THE City ofMiami Page 40 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 CITY MANAGER TO EXECUTE AMENDMENT NO. 1 OR AMENDMENT NO. 2., AS APPROPRIATE FOR EACH FIRM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00702 Legislation.pdf 09-00702 Exhibit 1.pdf 09-00702 Exhibit 2.pdf 09-00702 Exhibit 3.pdf 09-00702 Exhibit 4.pdf 09-00702 Summary Form.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones absent, to defer item RE.4 to the Commission meeting currently scheduled for July 23, 2009. Chair Sanchez: All right. RE.4. City Manager's Office. Carlyn Jacques (Program Specialist): Hello. Carlyn Jacques, from Economic Initiatives, City Manager's Office, for the Miami NICE (Network for Integration, Compassion and Empowerment). This resolution is to increase the contract awarded to the proposal of the highest -ranked firm, pursuant to resolution 08-0669, adopted on December 11, 2008 for the project entitled Miami NICE for additional services for consultants to increase their consultant's amount to 165,000 from 132, 000, add 165,000 so it can go to 297, 500. This money is coming from program year one of the grant. It's a carryover from the fells. Chair Sanchez: Okay. Commissioner Gonzalez: Move it. Chair Sanchez: There's a motion by Commissioner Gonzalez. Is there a second? Is there a second? Commissioner Regalado: I will second for discussion. Chair Sanchez: All right. Second for the purpose of discussion. Commissioner Regalado, you're recognized for the purpose of discussion. Commissioner Regalado: Okay. Why the -- Mr. Manager, why the increase in services? Ms. Jacques: We had monies left over from year one. We had started late, and we had consultant money over -- left over from year one. And -- Commissioner Regalado: So you say that because we have money, we have to spend it? Ms. Jacques: We don't want to return it to the feds. Commissioner Regalado: I'm sorry? Ms. Jacques: We do not want to return it to the feds, the extra money -- Commissioner Regalado: Uh-huh. Ms. Jacques: -- so we had certain things in the grant that we stated we were going to do that City ofMiami Page 41 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 were not completed because we had a late start. So we would like to complete them in year two so that we can be in accordance with what we stated to the feds that we were going to do. So we want to use that money to complete those. Commissioner Regalado: And it wasn't done because? Ms. Jacques: We started late because the feds approved our grant later, and by the time I came on board, the program had -- we were six months behind. Commissioner Regalado: So if you hadn't come on board, there will be no program, right? Ms. Jacques: Right. Commissioner Regalado: That's surprising. So the City doesn't have the ability? Pedro G. Hernandez (City Manager): Commissioner, I think what happened was that this was the first year of the program, and it actually -- once all the paperwork was done, it started late, not that we, I think -- you know, that we weren't paying attention to it. It just started late. And the federal program allows for dollars that were not utilized in year one to be carried over to year two so they can be utilized. And rather than returning the money, we want to be able to put it into use locally. Commissioner Regalado: Right. So this item and the second item, there is no City money at all? Ms. Jacques: No. Commissioner Regalado: Children's Trust and federal grant money. Ms. Jacques: Yes. Commissioner Regalado: And the consultants, what do they do? Ms. Jacques: The consultants offer board development, leadership development, program development, revenue development, capacity building projects to community and faith -based organizations. Commissioner Regalado: To -- Ms. Jacques: To faith -based and community organizations to build their capacity, to build their infrastructure to better service their community. That's what the grant is about. Commissioner Regalado: I understand the idea. I just don't understand -- why do we need so many consultants? I don't understand that one. William Porro (Special Projects Administrator, Economic Initiatives, City Manager's Office): Commissioners, good morning. Commissioner Regalado: I mean, do we have the -- don't we have the expertise? I mean, you just said that you just came on board and started the program, so -- Mr. Porro: IfI may, Commi -- Commissioner Regalado: -- you alone --? Mr. Porro: I'm sorry. IfI may, William Porro, special project administrator for Economic City ofMiami Page 42 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Initiatives. Good morning to you all. This is a very competitive grant. Commissioner Regalado: And you are? Mr. Porro: William Porro, special project administrator, Economic Initiatives. This is a very competitive grant. The City has gone after it two years prior, so has the County. We're actually the first city that has actually been the fiscal agent to this type of grant. It is a countywide grant, very, very competitive. The way that it was designed by those that were part of the team, which includes the Children's Trust, United Way, and the City of Miami, it was approved by the feds, and it's basically built -- and for the intent of the grant -- it's for very small community and faith -based organizations. The intent of the grant, under the Faith -Based Office of the President, is to increase the capacities of these smaller organizations not for direct services, but to increase their capacity to be able to do more. So the grant specifically is designed in such a way to do board development. There's like four or five areas that we have to then build the program around. Commissioner Regalado: So the only thing that it does is training? It doesn't go directly to the needy people. It's training for -- Mr. Porro: To build the capacity of the organization. That's the intent of the grant. Commissioner Regalado: To build the capacity? Mr. Porro: Of the organizations, via board development -- Let's say they've never gone after a grant -- and again, these are very small organizations. So they have requirements that had to meet the grant, and that's how it was approved by the fells. Commissioner Regalado: So you write the grant for them? Mr. Porro: Yes. Well, as a team, yes, sir. Chair Sanchez: Any further discussion? Commissioner Sarnoff Yes, sir. Chair Sanchez: You're recognized for the record, Commissioner Sarnoff. Commissioner Sarnoff It sort of builds on what Commissioner Regalado had to say 'cause I read this -- my first question on any grant is what are your deliverables. And I've had people come into my office time and time again and say capacity building and bridge building, and those are nice words and terms. I don't know what they mean. So in layperson's talk -- and I mean real layperson -- what does capacity building mean? Mr. Porro: Capacity building, again, is -- and I don't have the areas here, but one is like board development. One is capacity building in terms of going after grants. I'm trying to remember some. Ms. Jacques: Program development. Mr. Porro: Program development. Maybe they don't have a program. This grant would help them to achieve it. They're very small amounts of money. Again, it's countywide, so it's to get a consultant or a trainer next to them and to be able to do one-on-one training to really help them to get those programs, get those grants, increase the capacity of the organization. We can send you a list of the ones that have already been helped. A perfect example is Need Stuff as an example. This actual agency, very small, gives out clothes to the community. We were able to City ofMiami Page 43 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 provide by -- they had to actually apply for the grant and actually get a portion of the money for an inventory system for them to be able to now better manage the inventory of clothes that go in and clothes that go out, so -- Commissioner Gonzalez: Mr. Chairman, if you allow me? Chair Sanchez: Hold on. Are you done, Commissioner? Commissioner Sarnoff No. I don't know that I had my answer, but I think Commissioner Gonzalez may be able to give it to me. Commissioner Gonzalez: If you allow me, what I would like to do is withdraw my motion and let them meet with all the Commissioners and make sure to answer all the questions and all the concerns. Also, RE.5, I think, is a companion item to this item, isn't it? Mr. Hernandez: They're -- they both relate to the same program. Commissioner Gonzalez: They're both related so that -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner -- Commissioner Gonzalez: -- I'm withdrawing my motion. Chair Sanchez: Okay. There's no motion on the table. That's been withdrawn. Just a question. Do -- Porro: Yes. Chair Sanchez: -- this is a grant. Mr. Porro: This is a grant. Chair Sanchez: All right. This could -- we could vote -- we could bring this back at a later -- Mr. Porro: Yes, we could. Chair Sanchez: -- time. Mr. Porro: We can do it for the next Commission, if we could, not to delay it. Chair Sanchez: All right. So let's go ahead -- there's no motion on the table right now. Can we get a motion to continue the item to the next regular Commission meeting? Commissioner Gonzalez: Motion to continue the item. Chair Sanchez: Okay. There's a -- Commissioner Sarnoff Second. Chair Sanchez: -- motion and there's a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 44 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 "[Later...]" Commissioner Regalado: I have a question, Mr. Manager. When you scheduled this briefing -- because they kept saying this is countywide and there are 25 recipients, so -- the part I didn't understand is how the City ofMiami residents are being served, and this is why I ask. Mr. Hernandez: When we do the briefings, we'll be sure to provide answers in that respect. Mr. Porro: We have some additional clarification, if that's all right, or -- Chair Sanchez: The item has been deferred, okay. Let's move on. All right, let's -- that takes care of that item. RE.5 09-00710 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT MATCHING FUNDS, IN THE AMOUNT NOT TO EXCEED $50,000 FOR A TERM OF TWELVE MONTHS TO SUPPORT YEAR TWO OF THE MIAMI NETWORK FOR INTEGRATION, COMPASSION AND EMPOWERMENT ("MIAMI NICE") PROGRAM, WITH ONE ADDITIONAL RENEWAL FOR YEAR THREE FROM THE CHILDREN'S TRUST, AS A CONDITION OF THE MIAMI NICE COMPASSION CAPITAL FUND GRANT AWARD PURSUANT TO RESOLUTION NO. 07-0641, ADOPTED NOVEMBER 9, 2007; APPROPRIATING FUNDS FOR SAID INCREASE, TO SPECIAL REVENUE PROJECT NO. 15500.101000.531000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM TO IMPLEMENT THE ACCEPTANCE OF SAID MATCHING FUNDS. 09-00710 Legislation.pdf 09-00710 Exhibit.pdf 09-00710 Summary Form.pdf 09-00710 Pre Legislation.pdf DEFERRED A motion was made by Commissioner Gonzalez, seconded by Commissioner Sarnoff, and was passed unanimously, with Vice Chair Spence -Jones absent, to defer item RE.5 to the Commission meeting currently scheduled for July 23, 2009. Commissioner Gonzalez: Also -- Commissioner Regalado: I just want -- Commissioner Gonzalez: -- I would like to make a motion -- I'm sorry. Chair Sanchez: All right, hold on. Commissioner Gonzalez. Commissioner Gonzalez: On RE.5, also a motion to continue, which is a companion item, we don't -- Commissioner Sarnoff Second. Commissioner Gonzalez: -- you know, have the answers on one; we're not going to have the answers on the other one, so -- City ofMiami Page 45 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 RE.6 09-00691 Department of General Services Administration Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff to also continue RE.5, which is accepting matching funds from the Children's Trust, okay, to the -- Pedro G. Hernandez (City Manager): Mr. Chair -- Chair Sanchez: Yes, sir. Mr. Hernandez: -- just for clarification. The idea is to defer them to July 23, not to continue. Commissioner Gonzalez: Defer July 23, right. Chair Sanchez: Okay, both items. Priscilla A. Thompson (City Clerk): Yes. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carry [sic]. Thank you. William Porro (Special Projects Administrator, Economic Initiatives): Thank you. Chair Sanchez: All right. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF IN-HOUSE OPERATIONS OF PARTS FACILITIES BETWEEN THE CITY OF MIAMI ("CITY") AND GENUINE PARTS COMPANY, D/B/A NAPA AUTO PARTS, PURSUANT TO REQUEST FOR PROPOSALS NO. 01-02-245 AND RESOLUTION NO. 03-756, ADOPTED JULY 17, 2003; EXTENDING THE TERM OF THE AGREEMENT ON A MONTH -TO -MONTH BASIS SCHEDULED TO EXPIRE ON AUGUST 21, 2009, UNDER THE SAME TERMS, CONDITIONS, AND PRICES OF THE CURRENT AGREEMENT, UNTIL ISSUANCE OF A NEW REQUEST FOR PROPOSALS, DETERMINATION OF THE RESPONSIVENESS DUE DILIGENCE PROCESS OF SUBMITTED PROPOSALS, EVALUATION/SELECTION COMMITTEE AND SUBSEQUENT CITY MANAGER RECOMMENDATION, CITY COMMISSION APPROVAL AND AWARD, AND A FULLY EXECUTED AGREEMENT WITH THE SUCCESSFUL PROPOSER. 09-00691 Legislation.pdf 09-00691 Exhibit.pdf 09-00691 Summary Form.pdf 09-00691 Professional Services Agreement.pdf 09-00691 Certificate of Resolution.pdf 09-00691 Resolution.pdf City ofMiami Page 46 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Absent: 2 - Commissioner Sarnoff and Spence -Jones R-09-0339 Chair Sanchez: RE.6. RE.6, GSA (General Services Administration). Kelly Barket (Director, General ServicesAdminisfation): Good morning. Chair Sanchez: Good morning. Mr. Barket: Kelly Barket, GSA. This is a resolution for a continuation of the current vendor agreement on a month -to -month basis on the in-house auto parts until an issuance of a new request for proposal to be made. This will be applicable to GSA and the Fire Department for -- Commissioner Sarnoff So moved. Mr. Barket: -- in-house parts. Chair Sanchez: All right. There's a motion. Is there a second? Commissioner Gonzalez: Second. Discussion. Chair Sanchez: There's a second for the purpose of discussion. It is a resolution. Commissioner Gonzalez, you're recognized for the purpose of discussion. Commissioner Gonzalez: Yeah. I got some information yesterday that we have about an 'X" number of police cars in the -- in GSA that we cannot repair because we don't have budget. Mr. Barket: No, sir, not that I'm aware of. We're still repairing the police cars on a daily basis. Commissioner Gonzalez: You're repairing the police cars? Mr. Barket: Yes, sir. Commissioner Gonzalez: All right. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Any further discussion on RE. 6? Hearing no further discussion on RE.6, all in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 3-0, with the absence of Commissioner Sarnoff and Vice Chair Spence -Jones. RE.7 09-00747 RESOLUTION City ofMiami Page 47 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF MICHAEL GOLDSTEIN, ESQUIRE AND AKERMAN SENTERFITT, P.A., FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI IN PROCEEDINGS INVOLVING THE PETROLEUM PRODUCTS CORP. SUPERFUND SITE ON THE ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL PRIORITIES LIST; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 09-00747 Legislation.pdf 09-00747 Memo.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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0340 Chair Sanchez: RE.7. Julie O. Bru (City Attorney): Mr. Chairman, RE.7 is a resolution that seeks authorization to expend attorney's fees to engage outside counsel, Michael Goldstein -- he's an attorney with Akerman Senterfitt -- for the purpose of representing the City ofMiami in response to enforcement action by the EPA (Environmental Protection Agency). This is a case resulting from the superfund site. It's on the EPA's national priorities list. This is a matter that's been ongoing now for almost two decades. We have had some activity in this case recently that suggests that we're going to be now settling up the cost. We are a responsible party due to the fact that we were disposing oil in this site. This site is in Broward County, so we're recommending the engagement of this counsel to assist the City in trying to mitigate any funds that may be assessed to the City with respect to the clean-up process. Commissioner Gonzalez: Is there a cap on this? Ms. Bru: Excuse me? Commissioner Gonzalez: Is there a cap on money? Ms. Bru: We're not suggesting a cap. By prior practice, what we do is I report to you monthly on how much we're spending on outside counsel fees. We've negotiated a good rate with this attorney. He is eminently qualified to represent us on this matter. Commissioner Gonzalez: All right. Motion on it. Chair Sanchez: All right. Is there a motion? Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second. We're -- we are on RE.7. It's a resolution. All right. No further discussion on RE.7. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 48 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.8 08-01400 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING, SUBJECT TO THE ENACTMENT OF LEGISLATION AMENDING THE MIAMI ZONING ORDINANCE TO PERMIT LED SIGNS, THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. 08-01400 Legislation 5-28-09.pdf 08-01400 Exhibit 5-28-09.pdf 08-01400 Summary Form 5-28-09.pdf 08-01400-Submittal-Photos-Commissioner Sarnoff.pdf DEFERRED Note for the Record: Item RE.8 was deferred to the Commission meeting currently scheduled for July 23, 2009. RE.9 09-00750 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Office CITY OF MIAMI TO PAY SFM SERVICES, INC., A FLORIDA CORPORATION AND SFM JANITORIAL SERVICES, LLC (COLLECTIVELY SFM), THE SUM OF $16,987.57, FOR POST-SEPTEMBER 29, 2007 LIVING WAGE RATES PAID TO EMPLOYEES IN EXCESS OF CONTRACTUAL TURNSTILE -BASED RATES, UPON EXECUTING A GENERAL RELEASE FOR THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531000.00000. 09-00750 Legislation.pdf 09-00750 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0341 Chair Sanchez: RE.8 was deferred. RE. 9. Roger Hernstadt: Roger Hernstadt, assistant City Manager. RE.9 seeks authorization to pay SFM $17,987.57 for their post -September 29 activities conducted on behalf of the City at the Orange Bowl with regard to living wage. The employees were paid on a term -style basis. Company paid the employees living wage, and this would compensate the company for their out-of-pocket expenses. Commissioner Gonzalez: Move it. Chair Sanchez: Okay. Commissioner Sarnoff Second. City ofMiami Page 49 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: There's a motion and a second. It is a resolution. Any discussion on RE.9? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 4-0, with the absence of the Vice Chair. RE.10 09-00690 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; DESCRIBING THE METHOD OF ASSESSING SOLID WASTE COSTS AGAINST PROPERTY LOCATED WITHIN THE CITY OF MIAMI; DIRECTING THE PREPARATION OF AN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 10, 2009; DIRECTING THE PROVISION OF NOTICE THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00690 Legislation.pdf 09-00690 Exhibit 1.pdf 09-00690 Exhibit 2.pdf 09-00690 Exhibit 3.pdf 09-00690 Exhibit 4.pdf 09-00690 Exhibit 5.pdf 09-00690-Email-July 9th Solid Waste Assessment Item-RE.10.pdf 09-00690 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner Gonzalez and Sarnoff Noes: 2 - Commissioner Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0349 Motion by Commissioner Regalado, seconded by Chair Sanchez, that this matter be ADOPTED WITH MODIFICATIONS FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sanchez and Regalado Noes: 2 - Commissioner Gonzalez and Sarnoff Absent: 1 - Commissioner Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Regalado Absent: 2 - Commissioner Sanchez and Spence -Jones Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 50 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Votes: Ayes: 2 - Commissioner Gonzalez and Sarnoff Noes: 1 - Commissioner Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Attorney to provide a report every 60 days on the status of the litigation regarding the (rucks that burned. Chair Sanchez: RE.10. Mario Soldevilla: Good morning, Commissioner. Mario Soldevilla, director of Solid Waste. This is a resolution that establishes the initial assessment for a solid waste fee for fiscal year 2010. This year we're proposing an increase of $50 to the current fee from 365 to 415. Principal reasons for this so that we can have some flexibility in the budget to do various things. Principally, it's for the purchase of equipment. We're frying to obtain a -- financing to purchase needed and critical equipment at the Department. If that financing, for some reason, doesn't jell out, then we will have sufficient funds with this fee to be able to purchase the necessary equipment and be able to continue with our services. Our equipment has reached a critical state and we really do need to replace them. And as you know, even though we have purchased equipment this year, it takes time to obtain the equipment, and therefore, we need to have that lag time in place so that we can get the equipment on a timely basis. Commissioner Gonzalez: All right. This is only stating the cap. This is not increasing the fee, right? Mr. Soldevilla: No. That's correct. This only states the cap. And this gives you a flexibility to be able to do various things. As I explained, that would be one. Commissioner Gonzalez: It stays at the same rate or increasing, right? Mr. Soldevilla: Later on, yes. Commissioner Gonzalez: All right. Mr. Soldevilla: You can. Commissioner Gonzalez: I'll make a motion -- Chair Sanchez: Okay. Commissioner Gonzalez: -- to set the cap. Chair Sanchez: All right, there's a motion. Is there a second? Commissioner Sarnoff Second. Chair Sanchez: There's a second. All right. Commissioner Gonzalez: Setting the cap. Chair Sanchez: Discussion on the item. It is a resolution. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Madam City Attorney, where are we on the legal case of the trucks that burned? Julie O. Bru (City Attorney): It is ongoing litigation, so I'd rather not comment too much about City ofMiami Page 51 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 the specifics on the record, but it is in the discovery stage. I have prepared an extensive report about the posture of the litigation at this point that I can share with you under cover of confidentiality. I'll provide that to you tomorrow. Commissioner Regalado: Okay. Other than that, do we have another litigation for other issues that other frucks have -- or this is the only one, the brand that the frucks had burned? Ms. Bru: As a matter offact, Commissioner, there is another county in Florida --I think Escambia County has -- Mr. Soldevilla: Escambia. Ms. Bru: -- had a similar situation, and they have recently settled the case, and surprisingly, we have been asking them for their files to assist us in our case because they had the kind of -- had to deal with the same experts that we're dealing with, and they have been less than forthcoming in providing that. And I recently instructed one of my attorneys that if they don't comply with the Florida public records law and immediately provide us with that information, we're going to take them to court to get it, so we are getting that information from Escambia County. Commissioner Regalado: Exactly. Because other than Escambia County, I think there were some trucks burned in Hollywood -- in the City of Hollywood, which already had some litigation. And we're talking on the millions here. Other trucks, they had difficulty, the other kind of trucks, right, Mario? Mr. Soldevilla: That's correct. Those were the initial purchase that we had when we went to an automated system, and the -- those trucks ran into problems. We since changed over to a different type of truck. Those are the trucks that I am requesting to purchase. Commissioner Regalado: Yeah, but those frucks also had some issues too or --? Mr. Soldevilla: No. You know, automated trucks on the -- generally, require more maintenance. There is -- there are more electronic parts. There is a lot of hydraulics that are involved in these particular trucks and because of that, they require maintenance. Unfortunately, because we have not had the correct number of trucks to be able to maintain the fleet in a specific -- specifically the way that we need it, the trucks are -- tend to be overused since they -- since a truck is down and then a route needs to be completed, and therefore, another truck has to come in and help it after they have finished their route. So because of this, we have experienced that the life of the truck, the current trucks that we have, have been diminished, and for that reason is -- that we require additional trucks. Commissioner Regalado: The only problem that I have is that before you even consider asking for a raise in the fee, there was an item about a loan that we were going to take for $6 million from a commercial bank, then there was a discussion of the possibility of a sunshine loan, but the item was withdraw [sic]. Is it because we don't have credit or because we'd rather raise the --? Mr. Soldevilla: No. Because we want -- Pedro G. Hernandez (City Manager): Commissioner -- if you allow me, Mario. The issue is that, in essence, there was no need for authorization from the City Commission in order for us to explore financial options. And what we wanted to do is to explore those options, and if we have one that we figure is beneficial to the City, we'll bring it before you for your authorization. So it's a question of options. With this, you know, proposed increase, at least since setting the cap, you have the option of using it for equipment, you have the option of -- if we get a good financial plan to do financing to buy the equipment and then possibly use the increase for going to the single -stream recycling, which I think will be extremely beneficial because it saves you money on City ofMiami Page 52 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 disposal fees and it also allows us to move forward, environmentally, to do something that is right. Right now our recycling program is somewhat impeded because of the bins that we use. Mr. Soldevilla: Correct. Mr. Hernandez: If we are able to go to the single -stream recycling that only has one large bin with wheels and possibly that we can double the amount of recycling that we can do in the City and also save money at the same time. So it's something that -- we're giving something back to the community. We have an increase, but you're providing a benefit because they will have the ability to contribute to an increased recycling program. Commissioner Regalado: So it's not -- this proposed increase is not for new equipment but it's just to -- Mr. Hernandez: Well -- Commissioner Regalado: -- start the recycling, which I'm all for. I think that -- Mr. Hernandez: It's -- Commissioner Regalado: -- people are asking -- actually, that would be the wise thing to do, to get a loan to buy the recycling because it would reduce the tipping fees tremendously with the County. But the problem that I have is that we haven't been, I don't know, too proactive in this area. We were supposed to get a -- or discuss a report about ideas of the Solid Waste and we -- Mr. Hernandez: I think that was done. Commissioner Regalado: No. The report was -- Mr. Hernandez: Right. Commissioner Regalado: -- done; I have it, and I read it, but it's in the drawer. That's what I'm saying. But the problem is that it's really difficult to send a message right now in this critical time for the people to just say "Oh, you know, we have the possibility of raising the fees." This will look as a backdoor tax increase to the people ofMiami, and -- you know, Coral Gables just had a meeting yesterday or the day before yesterday -- yesterday, I think it was. They propose a millage rate of 19 percent, yeah, just to -- and that is not what the people expected from a responsible government. And as I said to you and from day -one to Roger and to the Manager, I just don't think I can support this. Thank you. Chair Sanchez: All right. Would -- the maker of the motion went to the bathroom. We have to wait till he gets back -- he is the maker of the motion -- to vote on the issue. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. You're recognized for the record. Commissioner Sarnoff Mr. Manager -- actually, my first statement would be to the City Attorney. This lawsuit is over five years old. I don't think the private sector would accept a lawyer prosecuting a case on a warranty claim for five years. I implore you -- and I'm going to ask for every 60 days to be updated on the status of this litigation because there -- I've looked at the docket sheet, and if you look at the docket sheet, I don't think you'd be proud of it either. There are huge gaps in time where this City has not prosecuted the litigation. Not going to get into the substance of it. I'm merely talking about a public record, a docket sheet. I think you have to redouble your efforts, maybe reassign some folks, but you absolutely have got to City ofMiami Page 53 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 prosecute that case. You're at issue. You should be noticing it for trial. No excuse. Any lawyer worth his salt in the City ofMiami, once he's at issue, notices it for trial. That does two things: Sets you for a trial date. The discovery closes. It makes the defense on notice that things are coming to an end; and secondly, it puts you in mediation. Enough said on that. The reason I can support this, Mr. Manager, is only one, and that is if you go to single sfream, and that is only for the larger container, which looks very much like our present garbage can, for the recycling. And the reason I can support that is very much for the reason that we just supported SR.3, the soil erosion, waterway sedimentation, airborne dust generation control ordinance, because we had an understanding that $29 million of government money was not going to have to be spent on dredging. Doing the analysis that we did in District 2, you will save the taxpayers money in tipping fees. In the long run, this will be paid for in five years by creating a single sfream of recycling. And more importantly -- or maybe I should say just as importantly -- money is very important -- you will create a better environment for the future citizens ofMiami, future people of South Florida. So for those reasons, I can support this with the -- only the understanding that we go to single sfream. If we cannot get that commitment, I will not support this. I further want to say one thing to you -- and I want to give you a heads up -- District 2 will not be supporting a mill rate increase. This government is going to live within its means, and if whatever that means, whether you go down to a zero base budget and you start from the ground up, I certainly hope you don't do what you've done in the past, which is 10 percent here, 5 percent here, and if -- inefficiencies of the City ofMiami continue to go on. You better really think about what are the core principles, what are the core reasons the City ofMiami exists because this budget is only going to address the core principles and the core reasons that the taxpayers expect to pay. Taxpayers are tired of paying their taxes. There's no more to pay. They're not going to get a mill increase with the understanding it's only a couple more bucks. This government's got to live within its means. So just because I support raising this to the 415 doesn't mean I will inevitably vote for that, unless there's a commitment that know that the recycling single sfream will come into existence andl can then say to my taxpayers this will be realized in four to five years in tipping fees, so -- Mr. Hernandez: Commissioner, I do agree with your statements, andl think it's the best plan because it gives back to the citizens, to the residents. It gives something back that they can appreciate. Commissioner Sarnoff Thank you, Mr. Chair. Chair Sanchez: Okay. This is a very important issue. I would have liked to had the five Commissioners here today, but the arguments that have been made for or against -- you know, Solid Waste is a real Catch-22 and it has been for years because we're getting a Cadillac service and we're paying Volkswagen costs, okay. And I realize that we subsidize it by a lot of money because they provide a great service to our community. We talked in the past -- and when I say that we have a Cadillac service, you get your garbage picked up twice a week at your front door, you get heavy frash once a week -- Mr. Soldevilla: And recycling once a week. Chair Sanchez: -- and recycling. I mean, I don't think anybody gets that for the price that we pay, so you know -- Mr. Soldevilla: And you get street sweeping and litter container clean-up and, you know -- Chair Sanchez: And if you compare our prices to everyone else, we have cheap prices. I think the only lower one is Hialeah, ifI can remember correctly. Mr. Soldevilla: That's correct. City ofMiami Page 54 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: You're talking about a $50 increase, you know. What we've talked in the past is -- you know, my house -- and we have four -- five people living in our house. I really don't need my garbage to be picked up twice a week. Once a week is good enough for us, and we have five people in our house, so I think that -- Commissioner Gonzalez: Hialeah is cheaper, but Hialeah pick ups [sic] trash once a month. Chair Sanchez: Yes. Yeah. So I think that the City -- and you know, I tend to agree with some of the statements that have been -- we cannot continue to live way beyond our means in this City, and that's a problem that we have. And $50 today -- raising $50 in these tough economic times are [sic] pretty, pretty tough, and I know we're not setting -- we're setting a cap here today. Mr. Soldevilla: That's correct. Chair Sanchez: But once again, I think it would have been important, when we have issues like this, that are very controversial to have five Commissioners here to have the votes, you know. Listen, I show up for all my votes, and I know at times we make tough decisions. We need to have all the Commissioners here to have this vote. So at this time, based on the arguments that have been made here, I cannot support this. Now, when there are five Commissioners here, maybe things have change. But there are things that we could do that we need to start doing, and it's to -- you know what? -- maybe cutting back some of the expenses, some of the services that we provide in our city and focus more on taking the approach of recycling, which is going to save us money because the more recycling we do, the less tipping fee we have to pay for the County. Those are the things that we need to be doing to have a comparison to be able to be efficient in the City. Now, I'm not satisfied with that -- that we're there at that time. So roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: No. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: No. Ms. Thompson: Then with the four -- the 2-2 tie vote, the motion fails. Chair Sanchez: All right. Thank you. Next item. Mr. Soldevilla: Commissioners, we have to provide the County with a figure by tomorrow so that it would go on the frim bill, and it is essential that we do that. Chair Sanchez: If you don't -- Commissioner Gonzalez: It's very simple -- Chair Sanchez: By tomorrow -- once again, we [sic] put us against the -- City ofMiami Page 55 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Gonzalez: You have to -- Chair Sanchez: -- once again -- Commissioner Gonzalez: -- provide them the same number you have now, and this come -- it boils down to something. September 30, some real tough decisions are going to have to be make [sic] here, and everybody's going to have to put politics aside and vote on the issue, or we're going to paralyze the City, okay. I mean, the future doesn't look any bright. I mean, the sun isn't going to shine any more than what it's shining now. It's going to shine a lot less, so you know, let's play game until -- we have what -- until when, September 30? Mr. Hernandez: Yes, sir. Commissioner Gonzalez: Okay, so -- Mr. Soldevilla: But what this does is that it allows -- Chair Sanchez: RE.11. Mr. Soldevilla: -- you the flexibility to -- Chair Sanchez: We're moving on to RE.11. Mr. Hernandez: Mr. Chairman, allow me -- Chair Sanchez: No, no, no. We're moving on to RE.11. Mr. Hernandez: --15 seconds. In essence, what this would mean is that we would have to send a figure to the County, which would be the same that we have today; and in all honesty, understanding all the concerns that we have ahead, we're not being, you know, wise as to how we look ahead. We need to have flexibility. This Commission, the City needs to have flexibility. We're only talking about setting a cap today. It doesn't mean that you have to stick to it. You can always reduce it. But if you don't allow for the -- at least setting the cap at 415 or any other number higher than 365, we are, in essence, restricting ourselves on our options in the future. I think that when you look at the recycling program, the residents are getting something back, there is no question, and there is direct benefit. And I'm willing to commit that if we have at least today, which we're just considering a cap, that if we go in that direction, that it will be invested in the single -stream recycling that would benefit all the residents. I'm just making an appeal. I think it's -- it would be wise for us at this point to allow for the 415 to be the number that we sent with no commitment. You can lower it in September, but at least give us the opportunity to have thatflexibility. Commissioner Gonzalez: Let me -- Commissioner Sarnoff You know -- Commissioner Gonzalez: -- tell you my point of view, and this is very personal. I -- as a resident and taxpayer in the City ofMiami, you can cancel the trash pick-up, it won't bother me because I can always have a friend that can let me pick up and I can take my frash and dump it on 20th Street. As far as the garbage, you can pick up my garbage once a week because it's only my wife and I and we don't dispose so much garbage, so you know. I mean, I can play any game people want to play here. I'll be ready to play whatever game people want to play, but we have to realize that some real tough decisions are going to have to be made September 30 because there is no more money coming from anywhere else. Either we increase taxes, either we -- or we have to make some real, real tough decisions on September 30, so people better start thinking about City ofMiami Page 56 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 that, you know. Chair Sanchez: And we become more efficient. Mr. Hernandez: Commissioner -- Commissioner Sarnoff Well -- Mr. Hernandez: -- I agree, but don't think that we should be tying our hands today. Commissioner Sarnoff -- let me just say something because I made a vote on this dais thatl consider to be a very mature vote on a Marlins Stadium. I didn't like the vote thatl made, but it did not hurt the City ofMiami, that vote. I still don't believe the stadium should be built. It's going to be built, but it's going to be built in a manner as best it can be built because I sat here and I said to myself I may not like it, but this is a mature decision. I'm asking one of the "nosayers" [sic] here to make a mature decision and for the other person not to politicize it and to merely give this City Manager the flexibility of going forward with a 415 vote. You're not committing to voting for the 415. And you're right, there should be five Commissioners sitting up here when that vote occurs. But I'm asking one of you to be mature and merely say it's 415. Let the City Manager come back to us with a plan that demonstrates to you why $415 saves us money over the life or -- for the tipping fees, let's say. If you're not satisfied, you can execute your vote then. But you know, I made a vote thatl didn't like making, but it was the right thing to do. So I'm asking one of the people who voted no to just today and for the other who may not vote for it -- it'd be great if everybody voted yes because nobody could politicize it. Just for today, give us the flexibility of going forward. Do a mature thing up here. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chairman. You know, I really think that Commissioner Sarnoff and Commissioner Gonzalez have best interest, as we all do, of the City, and I do understand his appeal, and I understand the fact that maybe people will think, "Well, this is a political vote." It isn't. It is about sending a message. It is about sending a message to the Administration, to the City Attorney that we need to be proactive and efficient. When -- the first time thatl had the briefing about the $6 million loan with Mario and I agreed with the loan, other thatl ask about the sunshine loan, the first question thatl ask is how do [sic] we doing on the lawsuit? And he didn't know because he wasn't informed by the Administration and by -- so - - I mean, here we have the director of Solid Waste, who is in charge of planning for the future, that didn't know about that suit. That -- I knew that Escambia County, Solid Waste Department had settled already with several million dollars, and I knew that the City of Hollywood had settled, so it was very difficult to me to understand that lack of communications [sic]. We need to be efficient. We need to be proactive. And you know what? We still can do it within the same budget because you have good ideas. I have spoken to Mario at length. He has -- good idea has not been implemented, has not been even discussed, and we should move forward with the project of recycling because it would save money in the long run, but it would send a message too that the City ofMiami do [sic] cares, but to send the message to the people that the solution for a problem or to have a better service is more money is wrong at this time. It is wrong to say to the people that the only way to fix thing is to raise the millage or raise the fees. We have to send a message that we are going to fry to do it within our means because we all are doing this in our homes. Every home in this County and especially in this City is looking at the pennies because of the economic situation. So it's not so much about politics. And I think that come September, Commissioner Gonzalez is right, we have to make decisions, make people upset, you know, make directors complain, and we just have to do what needs to be done. I am always say [sic] I don't work for the City; I work for the resident, and it's not the right time to send a message. I still think that we can do whatever we need to do, especially on the recycling area. Every container -- each container, I think it cost $75. That's what my -- City ofMiami Page 57 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Hernandez: I think it's around $50. Commissioner Regalado: Fifty dollars. Mr. Hernandez: Right. Chair Sanchez: All right. Commissioner Regalado: So -- and 69,000 client [sic], so I cannot support this, not because we need to have the flexibility but because of the message that we are sending. It's wrong to send a message that the solutions to all the problems is to attack the pocket of the residents. We need to send a message today that we will work, all of us here, outside politics, for the reduction of the budget and the efficient service, so -- Chair Sanchez: All right. Mr. Hernandez: Commissioner, I think that as we become more efficient, there is another message that has to be sent out there, that efficiency also means that we cannot continue to subsidize an expense. There will come a time that we'll have to, in essence, charge for what things actually cost, and the City ofMiami, for many, many years has been subsidizing this Cadillac service by undercharging, I would say, considerably. And at some point, as we become more efficient and tighter -- Chair Sanchez: Mr. City Manager, you don't have the votes, so let's continue. All right, RE.11. RE.11, the Department of Employee Relations. Let's go. Priscilla A. Thompson (City Clerk): That's been deferred. RE.11 was deferred earlier. Chair Sanchez: Okay. RE.12. That takes us to the board appointments. Resolution of the City ofMiami appointing certain individuals to -- members of the District 1 Housing -- Mr. Hernandez: Mr. Chair, I'm sorry. I just wanted a clarification because tomorrow we have to communicate to the County what the figure is, so what I wanted to put on the record is that we will communicate to the County that the figure will be the same as what we have today -- Chair Sanchez: Thank you. Mr. Hernandez: -- and that's what I wanted to put on the record. Chair Sanchez: All right, BC.1. Ms. Thompson: Chair -- Chair Sanchez: BC.1, Commissioner Gonzalez -- Mr. Hernandez: The City Attorney is telling me that there should be a motion so I can provide that to the County. Chair Sanchez: All right. Is there a motion? Ms. Bru: You had a resolution that had an attachment that had a figure on it, so basically, what you're doing is you would be adopting the resolution, but you're changing the number that was described in the attachment to be -- City ofMiami Page 58 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Hernandez: Three sixty-five. Chair Sanchez: All right. Is there a motion? Commissioner Regalado: Move it. Chair Sanchez: Second. All right. All in favor, say "aye." Commissioner Sarnoff No. Commissioner Gonzalez: No. Chair Sanchez: Okay. Ms. Thompson: I'm sorry. Chair Sanchez: Well be here all day. Ms. Thompson: Did someone second the motion? We didn't hear a second. Chair Sanchez: Yes. Commissioner Sarnoff made the motion and Commissioner Gonzalez -- Commissioner Sarnoff Whoa, whoa, whoa, whoa, whoa, whoa. Commissioner Regalado: No, no. I made the motion. I made the motion. Chair Sanchez: I'm sorry. I apologize. Don't -- Commissioner Regalado: I made the motion. Chair Sanchez: You don't have to get so offensive. All right. Commissioner Sarnoff I don't want to be recorded on this one. Ms. Thompson: And who was your seconder? I'm -- who was the seconder? Commissioner Sarnoff You would have been the seconder. Chair Sanchez: No, but he second. Commissioner Sarnoff No, no. Commissioner Gonzalez: No, no, no. Commissioner Sarnoff This particular motion right now was Commissioner Regalado and Commissioner Sanchez second it. Ms. Thompson: Oh, thank you. Chair Sanchez: Okay. So it -- 2-2. We'll get back to it. All right. Ms. Bru: Chairman, can I just explain one second what the procedure is? This is a non -ad valorem assessment. Chair Sanchez: I understand. City ofMiami Page 59 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Ms. Bru: No. Chair Sanchez: I know the process. Ms. Bru: Okay. I just -- Chair Sanchez: Okay? I made it very clear to the Administration, okay? Ms. Bru: Okay. Chair Sanchez: There needs to be -- every year we face this situation, okay, and we're put in the situ -- today we have to make that decision, and first of all, it's not a full Commission. Fine, we'll deal with that. But you know what? The Administration has to put forth recommendations as to more efficiency in every department. And every year, in Solid Waste, which they provide a great job -- I don't have a problem with the service they provide, but every year there's no movement towards efficiency. Everything is raise, raise, raise, and raise. Then you put us in a situation where we have to make this decision today. That's fine, you know. Let it be -- it's going -- let it be where it be. I'm not going to be put in that situation. I'm not going to let this Administration or anybody put me in that situation. Ms. Thompson: Excuse me, Chair. So that my record is correct, I will show voting no on the new -- the amended resolution -- Chair Sanchez: Yes. Ms. Thompson: -- voting no would be Commissioner Sarnoff and Commissioner Gonzalez. Chair Sanchez: Yes. Ms. Thompson: Thank you. Chair Sanchez: So we will get back to that, all right. "[Later...]" Commissioner Gonzalez: I need a motion to reconsider the Solid Waste issue. I believe that the Manager come up with a plan that he would like to present. If not, we'll call the vote again on the other issue. Commissioner Sarnoff So moved. Commissioner Regalado: Second to reconsider. Commissioner Gonzalez: All right, we have a motion and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion to consider -- Commissioner Regalado: Well, what is --? Commissioner Sarnoff Just for the reconsideration. City ofMiami Page 60 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Regalado: Huh? Commissioner Sarnoff That's -- we're only -- Commissioner Regalado: Yeah. Commissioner Sarnoff -- voting for the reconsideration. Commissioner Regalado: No, no. I know. Mr. Hernandez: Commissioners, Mr. Chair, thank you. What wanted to explain to you is that if we take no action, it's going to impose certain additional expenses on the City because if we take an action today, then we transmit to the County tomorrow, the County will include it as part of their communications with the trim notice and so forth. If we don't, then we will incur in the future postage charges because we'll have to send the bills separately from the tax bill. We're going to incur lock box fees. They're estimated close to $5, 000. Postage will be another $25, 000. There's the real concern that if we send our Solid Waste fee as a regular bill through the mail, that the collection rate will not be as high as when you have it as part of the tax bill. And besides that, we will have staff time to process all this billing and all this collection. So in essence, you know, what I'm asking the Commission is to at least, if you want to go with the -- support the 365 to approve the 365 so we can alert the County that it'll be the same as this year, and they will handle it for us and we will no not be exposed to additional expenditures at the local level. Chair Sanchez: All right. At the recommendation of the City Manager, is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: Motion is made by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second. All right, and that's 365. Mr. Hernandez: As we have it today. Chair Sanchez: All right. All in favor, say "aye." Commissioner Sarnoff Wait, wait, wait. Let the maker of the motion change it to 415. Commissioner Gonzalez: Second it, 415. Commissioner Sarnoff All right. Now we have a motion and a second. All in favor, say "aye." Commissioner Sarnoff Aye. Chair Sanchez: No. Commissioner Gonzalez: Aye. Commissioner Sarnoff There's your flexibility. RE.11 09-00491a RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPANDING THE COMPOSITION OF THE CITY OF MIAMI VETERANS' ASSISTANCE City ofMiami Page 61 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 PROGRAM GROUP, CREATED PURSUANT TO RESOLUTION NO. 06-0323, ADOPTED MAY 25, 2006, TO INCLUDE MEMBERS OF THE COMMUNITY TO MAKE RECOMMENDATIONS CONCERNING UNITED STATES VETERANS. 09-00491a Legislation.pdf 09-00491a Summary Form.pdf 09-00491a Pre Legislation.pdf SPONSOR: VICE CHAIR SPENCE-JONES DEFERRED Note for the Record: Item RE.11 was deferred to the Commission meeting currently scheduled for July 23, 2009. 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: NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez 08-01177 memo 7-9-09.pdf CONTINUED Chair Sanchez: So board appointments, Commissioner Gonzalez, you're going to -- Commissioner Gonzalez: I'm going to defer all my appointments. Chair Sanchez: -- defer -- okay. So the first one BC -- Priscilla A. Thompson (City Clerk): 1. Chair Sanchez: --1 is Commissioner Gonzalez, so he's going to defer all of his. BC.2 was -- Ms. Thompson: Continued. Chair Sanchez: -- continued. City ofMiami Page 62 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 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 For the Record: Please refer to "Order of the Day" for discussion referencing item BC. 2. BC.3 09-00317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Dr. William Hopper, Jr. Commissioner Marc David Sarnoff (Citizen) 09-00317 memo 7-9-09.pdf 09-00317 members 7-9-09.pdf 09-00317 Applications 7-9-09.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, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0342 Chair Sanchez: BC.3. BC.3 is the Historic and Environmental Preservation Board. Priscilla A. Thompson (City Clerk): Commissioner Spence -Jones is not here, so we would show that as being -- City ofMiami Page 63 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: Commissioner Gonzalez, you have one citi --I mean, Commissioner Sarnoff you have one citizen you're going to be appointing? Commissioner Sarnoff I'm sorry; what are we on? Commissioner Regalado: BC.3. Chair Sanchez: BC.3. Commissioner Regalado: Historic -- Commissioner Sarnoff William Hopper, I would reappoint. Chair Sanchez: William Hopper? Commissioner Sarnoff Yes, sir. Chair Sanchez: All right. Is there a -- Commissioner Sarnoff Dr. William Hopper. Chair Sanchez: -- need a motion and a second. Ms. Thompson: Who's the second? Commissioner Regalado: Second. Chair Sanchez: Okay. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.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 Sanchez: BC.4. Priscilla A. Thompson (City Clerk): That's you, sir. Chair Sanchez: BC.4, defer. City ofMiami Page 64 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 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 Sanchez: BC. 5. Priscilla A. Thompson (City Clerk): That's both -- Chair Sanchez: Both -- defer. BC.6 09-00538 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (youth non -voting member) (for an unexpired term ending 11/12/09) 09-00538 memo 7-9-09.pdf 09-00538 members 7-9-09.pdf 09-00538-Applications 7-9-09.pdf CONTINUED Chair Sanchez: BC.6. NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones City Manager Pedro G. Hernandez Priscilla A. Thompson (City Clerk): That would be Commissioner Spence -Jones, and then the Manager has an appointment for a vacancy. Chair Sanchez: Mr. Manager, you have an appointment? Pedro G. Hernandez (City Manager): Mr. Chair, I will defer. City ofMiami Page 65 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: Okay. 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: James Quinlan Commissioner Marc David Sarnoff Joey Goldman Mayor Manuel A. Diaz Joshua Miller Mayor Manuel A. Diaz Laura Reskin Mayor Manuel A. Diaz Eric Monteiro Mayor Manuel A. Diaz 09-00589 memo 7-9-09.pdf 09-00589 members 7-9-09.pdf 09-00589-Memo-Mayor's Appointment 7-9-09.pdf 09-00589-Submittal-Memo-Mayor Diaz.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0343 Chair Sanchez: BC.7. Priscilla A. Thompson (City Clerk): That's the Art [sic] and Entertainment Council. Chair Sanchez: All right. I would reappoint Maria A. Napoles. She's an incumbent. Commissioner Regalado: I made [sic] a motion on behalf of the Chair. Ms. Thompson: Sir, I'm -- she -- Commissioner Sarnoff Second, but I would also -- this is the Arts and Entertainment, right? Ms. Thompson: But if you would allow me? Commissioner Sarnoff You want us to do them all at once? Ms. Thompson: Ms. Napoles needs a four fifth waiver, and -- Chair Sanchez: Okay, so that means she won't be able to get reappointed today, so we move on with the next. And who has an appointment there? Commissioner Sarnoff I think I have one. James Quinlan. City ofMiami Page 66 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Regalado: Second. Ms. Thompson: Can we do the rest of them all together? Commissioner Regalado: Huh? Ms. Thompson: May we do the rest of them all together? Commissioner Regalado: I'm deferring mine. Ms. Thompson: And then I have one here from the Mayor. Chair Sanchez: The Mayor? Ms. Thompson: Yes. The Mayor is proffering the name of Joey Goldman. I'm sorry, the names of Joey Goldman, Joshua Miller, Eric Monteiro, and Lauren Reskin. Commissioner Sarnoff So moved. Chair Sanchez: All right. Commissioner Regalado: Second. Chair Sanchez: There's a motion and a second for the names that have been proffered. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.8 09-00592 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Nathan Kurland Commissioner Marc David Sarnoff 09-00592 memo 7-9-09.pdf 09-00592 members 7-9-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0344 Chair Sanchez: BC.8, Commissioner Regalado and Commissioner Sarnoff you have appointments. Commissioner Sarnoff Yeah. I'm going to nominate Nathan Kurland. City ofMiami Page 67 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Priscilla A. Thompson (City Clerk): I'm sorry; can you say that again? Commissioner Sarnoff Sure. Nathan, NA T HA N. Kurland, K U R LA N D. Chair Sanchez: Okay. Commissioner Regalado? Commissioner Regalado: Defer, please. Chair Sanchez: Okay. You second the motion? Commissioner Regalado, you second the motion? Commissioner Regalado: Second. Chair Sanchez: All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. BC.9 09-00593 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 Chair Sanchez: Okay. BC.9. Commissioner Regalado. Commissioner Regalado: Eli Feinberg. Priscilla A. Thompson (City Clerk): Mr. Feinberg would need a five five waiver because he's been serving -- Commissioner Regalado: No nomination today. Ms. Thompson: I'm sorry, sir? Chair Sanchez: No. He needs a unanimous vote. Ms. Thompson: Correct. Chair Sanchez: So -- Ms. Thompson: Are you going to defer then, Commissioner Regalado? City ofMiami Page 68 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Regalado: Yes. Ms. Thompson: Okay. Commissioner Regalado: He needs a five fifth -- Ms. Thompson: Okay. Thank you. BC.10 09-00599 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Carlota Morales Chair Joe Sanchez Eileen Bottari Commissioner Marc David Sarnoff Dorothy Bendross Mindingall Commissioner Tomas Regalado Iraida Cartaya-Mendez Pedro G. Hernandez (Ex-Officio Non Voting Member) Modesto Abety Pedro G. Hernandez (Ex-Officio Non Voting Member) Evelio Torres Pedro G. Hernandez (Ex-Officio Non Voting Member) Dr. Jose Vicente Pedro G. Hernandez (Ex-Officio Non Voting Member) 09-00599 memo 7-9-09.pdf 09-00599 members 7-9-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0347 Chair Sanchez: Okay. BC.10. BC.10, does anybody have --? I have an appointment for the newly -created -- Commissioner Regalado: I have one. Chair Sanchez: -- Education Advisory Board. Commissioner Regalado: I have one, Mr. Chair. City ofMiami Page 69 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: Go ahead. Commissioner Regalado: Former state representative Dorothy Bendross Mindingall. Chair Sanchez: Okay. Commissioner Sarnoff? Commissioner Sarnoff Eileen Bottari, B-o-t-t-a-r-i. Chair Sanchez: And my appointment would be Carlota Morales. That's C-a-r-l-o-t-a, Morales, M-o-r-a-l-e-s. Ms. Thompson: Thank you. Chair Sanchez: Okay. Ms. Thompson: The Manager. Mr. Hernandez: Mr. Chair, I can do the four ex officios that I have, which is for the school district. Iraida Cartaya-Mendez, from Early Childhood; Evelio Torres on post -secondary education; Dr. Jose Vicente, and under the Children's Trust, Modesto Abety. Chair Sanchez: Okay. Mr. Hernandez: So I'm deferring today the voting member. And also with reference to the student member, the proposal is to have a student member from the Youth Council, and that person will be elected once school reconvenes in September. Chair Sanchez: Okay. Those names that have been proffered, those are the names. Ms. Thompson: We need a motion. Chair Sanchez: Commissioner Sarnoff, we need a motion. Commissioner Sarnoff So moved. Chair Sanchez: Need a second. Commissioner Regalado: Second. Chair Sanchez: Names that have been proffered, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Okay. BC.11 09-00659 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Patrick J. Goggins Commissioner Marc David Sarnoff City ofMiami Page 70 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 09-00659 memo 7-9-09.pdf 09-00659 members 7-9-09.pdf 09-00659 Applications 7-9-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones BC.12 09-00660 Office of the City Clerk R-09-0345 Chair Sanchez: BC.11 ? Priscilla A. Thompson (City Clerk): Yes. Chair Sanchez: All right. Commissioner Sarnoff you have an appointment there, Planning Advisory Board. Commissioner Sarnoff I nominate Patrick Goggins. Chair Sanchez: Okay. Patrick is -- got him, Madam Clerk? Ms. Thompson: Yes. Patrick Goggins, we do have an application for him. Chair Sanchez: Okay. All right. Is there anyone else? I don't think so. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Second was made by Commissioner -- Ms. Thompson: We need a seconder. Chair Sanchez: -- Regalado. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (for an unexpired term ending 7/9/10) (for an unexpired term ending 5/7/10) (for an unexpired term ending 7/9/10) NOMINATED BY: Commissioner Angel Gonzalez Commissioner Tomas Regalado Mayor Manuel Diaz City ofMiami Page 71 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mayor Manuel Diaz (for an unexpired term ending 7/9/10) 09-00660 memo 7-9-09.pdf 09-00660 members 7-9-09.pdf CONTINUED Chair Sanchez: All right. We move on to BC.12. All right. BC.12, Commissioner Regalado, you have appointments and the Mayor has appointments. Commissioner Regalado: CarlosArboleya, Sr. Chair Sanchez: Okay. Priscilla A. Thompson (City Clerk): I'm sorry. Chair Sanchez: Need a second. Ms. Thompson: Okay. Commissioner Sarnoff Second. I'm sorry. Chair Sanchez: He needs a waiver, doesn't he? Ms. Thompson: That's right. They're [sic] going to need a four fifth, so -- Chair Sanchez: Okay. Commissioner Sarnoff (UNINTELLIGIBLE) go into four. Ms. Thompson: So we'll show that as being -- Commissioner Regalado: I'll defer then. Ms. Thompson: Okay. Thank you. Commissioner Regalado: I'll defer. Chair Sanchez: Okay. BC.13 09-00667 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: Chair Joe Sanchez Chair Joe Sanchez City ofMiami Page 72 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 09-00667 memo 7-9-09.pdf 09-00667 members 7-9-09.pdf 09-00667-Resumes 7-9-09.pdf CONTINUED Chair Sanchez: So that -- we move on to BC.13. BC.13, I would defer mine. BC.14 09-00703 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Rolando Aedo Chair Joe Sanchez Ricardo Lambert Commissioner Tomas Regalado 09-00703 memo 7-9-09.pdf 09-00703 members 7-9-09.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Regalado Absent: 2 - Commissioner Gonzalez and Spence -Jones R-09-0346 Chair Sanchez: BC.14, I have an appointment, and I would like to reappoint Rolando Aedo, who is an incumbent. I don't believe he needs a waiver. Okay. Commissioner Regalado, you have an appointment on BC.14. Commissioner Regalado: Ricardo Lambert. Ms. Thompson: And I'll need a -- Commissioner Regalado: Second the motion -- I make a motion. Ms. Thompson: Thank you. Chair Sanchez: Okay. Ms. Thompson: Commissioner Regalado has made the motion. We need a second. Commissioner Regalado: We need a second from Commissioner Sarnoff. Commissioner Sarnoff Second. Chair Sanchez: Commissioner Sarnoff makes a second. Okay. All in favor, say "aye." City ofMiami Page 73 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right, that takes care of-- BC.15 09-00705 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00705 memo 7-9-09.pdf 09-00705 members 7-9-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Tomas Regalado Mayor Manuel A. Diaz CONTINUED Priscilla A. Thompson (City Clerk): We have BC.15. Chair Sanchez: BC.15, Waterfront Advisory Board. Who has an appointment on that? Ms. Thompson: Commissioner Regalado now. Chair Sanchez: Okay. Commissioner Regalado: I'll defer mine. Chair Sanchez: Okay. So that takes care of the boards. Ms. Thompson: Correct. Thank you. END OF BOARDS AND COMMITTEES DISCUSSION ITEM DI.1 09-00781 DISCUSSION ITEM District2- DISCUSSION CONCERNING THE GOVERNOR'S RESPONSE TO THE Commissioner SEXUAL PREDATORS RESIDING UNDER THE JULIA TUTTLE Marc David Sarnoff CAUSEWAY, WITH POSSIBLE DIRECTION TO THE CITY ATTORNEY. 09-00781 Discussion item.pdf 09-00781-Submittal-Commissioner Sarnoff.pdf City ofMiami Page 74 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 DISCUSSED A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Chair Sanchez and Vice Chair Spence Jones absent, authorizing the City Attorney to take legal action to evict individuals residing under the Julia Tuttle Causeway. Chair Sanchez: All right. Let's move on to the district blue pages. Commissioner Sarnoff. Priscilla A. Thompson (City Clerk): You have a discussion item. Commissioner Sarnoff Right. Chair Sanchez: Yeah. Commissioner Sarnoff Yeah. I don't think it's a blue page. I think it's an actual discussion item. Chair Sanchez: Oh, it's a discussion item? Commissioner Sarnoff Yes, sir. Commissioner Gonzalez: Commissioner Regalado needed a four fifth -- I'm back -- on one appointment, right? Ms. Thompson: No. On two of them, I think. Chair Sanchez: Two or three. Commissioner Regalado: No. We had several. Ms. Thompson: Okay, several. Commissioner Gonzalez: Huh? Commissioner Regalado: No. We had several, but we deferred that. Chair Sanchez: Let's just defer them. We'll bring them back. It's -- Commissioner Regalado: Yeah. Commissioner Gonzalez: Okay. Chair Sanchez: All right. DI -- DI.1, which is a discussion item. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff I think there's no surprise to anyone today that there exists an encampment under the Julia Tuttle Causeway of three different groups of people. First one is regi -- sexual offenders who have not served their time and have not paid their debt to society but are serving out their probation and parole -- I use that euphemistically because I think the State of Florida may call it something today different than that, but I'm sort of an old horse -- and those folks number approximately 40, and they are designated to be under the bridge through order of the State of Florida through its Corrections Department. And how do we know that? We know that because at 4 o'clock every morning, they're visited by a corrections officer to ensure that they exist there under the bridge. Secondarily, how do we know that? We know that because the Department of Transportation equally issues them driver's licenses or identification City ofMiami Page 75 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 cards that say they live under the Julia Tuttle Causeway. Now, forgive me; I wasn't born in Florida. I do call it home and have called it home for the better part of 25 years. But being a former New Yorker, I could not imagine Governor Pataki issuing an order that says "All registered one sexual offenders are to be placed under the Brooklyn Bridge. All registered two sexual offenders shall be placed under the 59th Street Bridge, and all tertiary sexual offenders should be placed along and around the Holland Tunnel because that's where I think they should go." He would be impeached the next day. Yet, we here in the state of Florida put up with the State of Florida's designation of putting that category of sexual offender under the bridge, who has still not paid their debt to society. And yet, there cease a second category of sexual offender, and that's a sexual offender that committed their offense after 2002 under Megan's Law, who is registered as such to be a sexual offender and may number in, we're not sure. We don't know. We can't be confident, but we do know it's approximately 50, 50 folks living under the bridge. Now, I say living under the bridge -- and I wish that were true because they're no longer under the bridge. For all you good folk who come from Miami International Airport and head to the beach for your vacations, to your left, look to your right, please. I'd like to show you the way the State of Florida, County of Dade, City ofMiami deals with its sexual offenders. Please look to your left and right. You'll see that's where they live. Right there. On your way to your vacation, while you go to the Delo (phonetic), while you're at the Loew's, or while you're in the City of Miami coming back, please look to your left, please look to your right. This is the designation under which the good folks down here in South Florida have decided this is where sexual offenders belong. Please usher yourself through quickly. Get to your vacation plans and don't, please, think about this again 'cause it's not good for the State of Florida, if that's what we do. There's a third category of person out there, and that's the -- we have no idea who they are. Time Magazine has an idea of who they are. Called "Tent Cities." They're popping up all over America. Not a very old edition. Somebody recognize this pretty lady? Sure. It's the First Lady. But here you are in the middle cover, and this is an article about homeless Americans are moving into tent cities, and this is one of them. Could equally be the Julia Tuttle Causeway. Happens to be San Francisco. So there are three categories of people that we place all along the Julia Tuttle Causeway. Three categories of people. And we all close our eyes and we all hope, for some reason, we're going to wake up tomorrow and they're just going to vanish. But you know what? They're not. And they're growing. When we went out there, there were maybe 80. Today there are about 140 people. And you'll hear the Homeless Trust say "Well, we moved 30 of them along. "And somehow 110 is acceptable, but it's not. It simply is not. I was just advised a few minutes ago that the ACLU (Americans Civil Liberties Union) filed suit against the City ofMiami to prevent us from doing anything with regard to the sexual predators. Julie O. Bru (City Attorney): Commissioner, ifI may interrupt. I justgot the information. The ACLU filed a lawsuit challenging the validity of the Miami -Dade County's 2500 square foot distance ordinance. Commissioner Sarnoff This was news today because I've been working with the City Manager, who I have to commend; I've been working with the City attorney, who I have to commend; and we have now a lawsuit that we think will address the situation; and I implore my fellow Commissioners to give her authorization to either counterclaim, file suit, or determine in the best possible interest how it is we, as citizens of the state of Florida, the County of Dade, the City of Miami allow, put up with, consider, and just turn a blind eye to one of the most beautiful roadways in Miami with the hope and the expectation what the hell. And I'm not here to support or any way suggest these sexual predators should have any kind of right other than some subsistence. I'm not here to change the distance requirements, but here's what we do know. If we don't have a uniform system of distance requirements, and if the City ofMiami were the only city in the state -- or the only city within this area -- there are 37 municipalities -- if we were the only city to show the wisdom, strength and courage to change that distance requirement to allow these folks a place to live, we would become a beacon and a bastion for every other municipalities' sexual offender, so we can't do that. However, the best place to determine if in fact, 2500 feet is the proper distance -- and consider this, that's got to be three or four football City ofMiami Page 76 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 fields, three or four football fields. If that distance requirement is going to be changed, it has to be changed by a court of law so that a uniform distance requirement applies throughout our region. For the City ofMiami to do it alone, we will hurt ourselves, we will harm ourselves. We will not serve the best interest of our citizens. There is three branches of government, and the branch of government that is designed, designated and should tackle the toughest legal questions in the world is the judicial branch, not a popular branch. They make tough decisions. Allow them to make the decision as to the distance requirements, whether it's constitutional, equitable, fair, and allow them to determine the best means and manner of resolving this problem. The lawsuit will do this. It will bring everyone to the table. It will bring it to a head. The one thing this Commission cannot do and should not do and cannot afford to do for the citizens ofMiami is do nothing because nothing is allowing it to stay. In our own way, in our own manner, we have our de facto policy of allowing it to remain just the way it is because you know what? You turn a blind eye. You just go look to your left, and you look to your right, you look straight ahead, and you get to the beach. And I bet when the beach comes back to us, they just say "Just look straight down the road. I don't want to see that encampment." I've handed you all photographs, photographs of what I went out and saw. Folks, there is a city under the bridge, not a pretty city. The environmental impact for anyone who wants to sit here and say, oh, they go in port-o-potties. No, they don't. For anyone who says they bag their garbage, no, they don't. These photographs demonstrate that. It is absolute squalor. FDOT (Florida Department of Transportation) is about to do a roadway project out there. They're about to do some milling and resurfacing. How can we turn a blind eye, allow FDOT to bring in heavy equipment, and not care about what goes on out there? I implore this Commission, allow us to seek an injunction, allow us to move these people off of Julia Tuttle Causeway today. Thank you. Commissioner Gonzalez: All right. Any other items? Commissioner Regalado: I'm ready to vote on a motion, if Commissioner Sarnoff will proffer -- Commissioner Sarnoff That is the motion. Commissioner Regalado: -- to allow the City Attorney to move immediately with a legal action to evict those people from the bridge. I guess that the suit will be against the Correctional [sic] Institute [sic] of state of Florida and the governor of the state of Florida, so I'll second the motion. Commissioner Gonzalez: All right. I will also support the motion. My question is where are we going to put them? Commissioner Regalado: But the thing is that -- Commissioner Gonzalez: Because they may end up sending them to City Hall. Commissioner Regalado: No, but the interesting thing is that the Correctional [sic] Department of the state of Florida had issued in the last month ID (Identification) cards, and when people show ID, I was there. They said address: Julia Tuttle Causeway. They are the responsibility of the state of Florida because according to Megan [sic] Law, they need to be monitored everyday. They need to register. Now, every municipality in Miami -Dade County and Miami -Dade County, they have this 2500 feet ordinance, so it doesn't even matter if we -- if we were to change that ordinance, what we would do is that everyone from the County -- Commissioner Gonzalez: Will come to Miami. Commissioner Regalado: -- and from Broward will come just to live in the City. So that's a responsibility of the Correction [sic] Department of the state of Florida. City ofMiami Page 77 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Gonzalez: All right. Commissioner Regalado: It is their responsibility. It's not the City's responsibility. Commissioner Gonzalez: All right. So we have a motion, and we have a second. All in favor, say "aye." The Commission (Collectively): Aye. Commissioner Gonzalez: Motion carries. END OF DISCUSSION ITEM MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00513 DISCUSSION ITEM CROSS TRAINING FOR INSPECTORS. DISCUSSION REGARDING THE FEASIBILITY OF CROSS TRAINING BUILDING INSPECTORS. COULD BUILDING INSPECTORS BE UTILIZED AS CODE ENFORCEMENT INSPECTORS? GENERAL DISCUSSION REGARDING CROSS TRAINING CITY OF MIAMI EMPLOYEES AND EXECUTIVES. ABILITY TO CREATE EFFICIENCIES. 09-00513 Email.pdf 09-00513-Email-Cross Training of City Inspectors Item D2.1.pdf 09-00513-Memo-City Manager.pdf DISCUSSED Commissioner Gonzalez: All right. Any pocket items? Motion to adjourn. Commissioner Sarnoff Oh, I do. Commissioner Gonzalez: You do? Commissioner Sarnoff I do, as soon as I find it. Priscilla A. Thompson (City Clerk): Commissioner Gonzalez, we also have an item, a blue page City ofMiami Page 78 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 item or a district item, D2.1 that's stills [sic] on the agenda. Commissioner Sarnoff Correct. Commissioner Gonzalez: D2.1? Chair Sanchez: Which items do we have left? Commissioner Sarnoff This -- Ms. Thompson: D2.1. Commissioner Sarnoff Correct. Mr. Manager, this is a discussion item -- I do have a pocket item as well -- but this is a discussion item regarding the cross -training of inspectors. You've given me a memorandum. Could you tell and explain to the citizens ofMiami what cross -training is and how you intend on implementing it? I've been asking you this for the better part of six or eight months. What are you impediments? Why can you do it? Why would this save them --? Pedro G. Hernandez (City Manager): Commissioner, I think the idea is to be able to reassign individuals to have a certain level of skill and professional knowledge to use them as we have demands in different areas. The main concern was one dealing with the building inspectors because as the building construction industry slows down, we could have building inspectors available to do support of other inspecting functions, like in the Code Enforcement arena. I could not have Code Enforcement do building inspections because those require certain trade qualifications. However, I could have building inspectors, as conditions dictate, do and support Code enforcement activities, and I'll do that also guided and in accordance with the collective bargaining agreement, so I may have to -- I will have to work with the union to get their support in doing reassignments when they become necessary. Commissioner Sarnoff What is the impediment from the unions? For instance, 'cause -- the crux of the issue to me -- and I don't -- I see Commissioner Gonzalez kind of nodding his head, too -- is it seems as -- you say as building is slowing down, some would say it's come to a screeching halt, and others would say, I'm surprised we still have building inspectors. But it really is for a building inspector, who I would suspect you have a surplus of. I know you'd probably never say there is, but let's just assume they have some time on their hands. What is the impediment to getting a building inspector out there to helping Mariano getting out there and getting them to be Code Enforcement officers? Mr. Hernandez: Well, what I have to do is to work with Mr. Cox, who I see at the podium, and I think that he's an -- Commissioner Sarnoff Oh, okay. There's the crux of the problem. Mr. Hernandez: -- individual that is flexible and I think that he's committed to work with me to see how much I could do to allow for that reassignment. Charlie Cox: Don't bet on it. Mr. Hernandez: You are flexible, Charlie. Charlie Cox: Sometimes. Chair Sanchez: Sometimes. City ofMiami Page 79 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Sarnoff Do they need better air conditioners, Charlie, or what do they need? Please. Mr. Cox: You know, I don't have a problem with that, but -- Chair Sanchez: Charlie Cox. Mr. Cox: Charlie Cox, Local 1907, president. I don't have a problem with that. But you're doing it already. You do have inspectors doing it. Listen, you're real proud of being an attorney, aren't you? Commissioner Sarnoff Most of the time, yes; sometimes not. Mr. Cox: Okay. You know what? I'm real proud of being an electrician and a lineman. I spent my whole career -- in the last 22 years, I've spent my career as Mr. Union President, okay, but before that, I started with Florida Power & Light. I started with -- and then I came to the City during a strike with the power company, as a matter offact. Went back and got my (UNINTELLIGIBLE) license besides my lineman's license. But, you know, this is all good. I would -- but where does it end? You know, when the building inspectors were killing themselves out there, they were bringing in tons of extra money to the City. I'm sure you read the paper like I do everyday. You just had some company buy up 26 condo units, which is the greatest thing in the world. They're doing a lot of foreclosure buying up now, which are going to require tons of permits again. And you know what? I can only keep my fingers crossed just like you do that this economy is going to turn around. And like I said, I don't have a problem, but I think Hector can go into how much Code enforcement we are doing now. But would you like me to go out and cut the grass -- Commissioner Sarnoff No. That's not what I asked. Mr. Cox: -- and all of those other things? Y'all have firefighters washing windows, and you know, I mean -- Commissioner Sarnoff No, no, no. I'm -- don't take what I'm saying and twist it. What I'm suggesting is -- and you hear in City Hall -- I don't know. I'm sure the Commissioners hear what I hear. You know, you hear certain inklings or ringlings that there are folks that are not putting in as much time as they think they could, and maybe for three or four hours a day, they could be out there in their cars, Code Enforcement -- Mr. Cox: But it's only my people, correct? Commissioner Sarnoff Charlie, they're all our people. They're all our good people for the City ofMiami. This is what I hear, and I'd like to know what the impediment would be simply for -- right now I'm only asking about a building inspector and his ability to use -- to enforce Code. Mr. Cox: And I believe he will be able to respond. Some of them are doing it now, as you speak. Mr. Hernandez: Commissioner, ifI may, I would like to have Hector, you know, talk about the workload of inspectors and also the existing, I would say, joint effort between Building and Code Enforcement, especially on abandoned lots and homes and so forth. Hector. Hector Lima (Building Director): Hector Lima, director of the Building Department. I'd just like to put on the record that ever since the slowdown -- so-called slowdown of permits being applied for, we have reduced our staff by 25 percent. In addition, the inspectors that I have today work very close in hand with Mariano's people. As a matter offact, the unsafe structures section of my department are dealing with the same houses, the same places. Mariano tries to City ofMiami Page 80 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 secure them. Ultimately, we demolished them. We have a list of hot spots that we call because these have been the nuisance. There's approximately 50 structures there. We have demolished 15 of those since we put our emphasis towards that -- Commissioner Sarnoff How long -- Mr. Lima: -- working with Mariano's people. Commissioner Sarnoff -- is your emphasis -- how long have you emphasized it? Mr. Lima: I believe that -- we've always worked together with Mariano's people, but as of late, I would say within the last four months that I can document to you that there has been some better communication between Mariano identifying the properties and then us going out there and actually doing the demolition. I also need to tell you that even though I might have approximately 30 inspectors, each one of them is different and nobody -- none of them can do an enforcement other than what their frade is, and that is -- we're all regulated by the State and it's regulated by the County. We do assistMariano's people all the time and, unfortunately, the cases that Mariano takes to the board, they just take months. We can't afford to have an inspector who a contractor has paid for their permit to not provide that inspection within 24 to 48 hours. The inspectors in the Building Department today -- and I should say also this, the permit load has not come down. What Charlie said about the future, that's happening today. Those numbers are there. What is not coming in today are those major condominiums which affect, of course, the revenue coming in and the time. But the number of permits are still the same, which trigger the same number of inspections. And those buildings that are out there today that are not finished are not -- we're having to pay because we collect upfront, but the inspections come in afterwards, and we're still doing a lot of inspections on those buildings out there. So the plans reviewers is what we reduce. We went back to our 2005 staff which is what we have to do. Our revenues are equal to 2005, so yes, there has been a slowdown. We've accommodated to that. We accommodated to it when it came up with consultants and to attrition. By the end of the year, we're going to have 25 percent of our staffgone. It's -- you know, we have the numbers. They're there. It's -- Commissioner Sarnoff So we're an eight -cylinder engine and we're working at an eight -cylinder pace. Mr. Lima: That's correct. Or if you want to be green, maybe four. Commissioner Sarnoff Gotcha. Commissioner Regalado: On demolition -- Commissioner Sarnoff Or a hybrid, huh? Commissioner Regalado: IfI may, Charlie, just on the demolition. Mr. Cox: Yes. Commissioner Regalado: How long is it taking, Hector, because in Shenandoah we have like four houses that are not only are a problem, but it's becoming more of a problem because of the people going into the houses to just take whatever is left in the house, either use drugs or do some kind of prostitution. They even started fires. And we do have several cases that have become a major problem in the area. Mr. Lima: Unfortunately, we need that to happen so that the board can give us a demolition order. It takes approximately three to four months to go before that board and get that order. City ofMiami Page 81 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Then there's a 30-day appeal period. And then, unfortunately, because of all these foreclosures, we're having to serve all these new people that come into play, and ultimately, it's -- you know, it's unfortunate. It's very slow, but eventually, it gets the job done maybe six, eight months later, but the City will not get sued like we were getting sued before because we're following every step and we're notifying everybody that the Law Department says we need to do, so it's a very caution process, and it does take anywhere between six to eight months. Commissioner Regalado: And we can do this for commercial too? Mr. Lima: Any property, any structure. It's called the Unsafe Structures Board, so there's no residential, commercial. It's everything, as long as we can afford it, of course. Commissioner Regalado: Because let me tell you, the shopping center in 37th and 16, it's really bad and it's getting worse by the hour, and you know, people are coming in. The people that live in the back are really, really upset, afraid. It has no windows, no doors. Every -- the fence, it's broken. And you know what? You have across the street -- Coral Gables with their big buildings and the Publix and all that, and across the street you have this one block of a giant eyesore. It's really embarrassing. Mr. Lima: You're right, sir. And we do have a case on that. Unfortunately, they go in and secure it. They have fenced it. They have cut the grass. So going back to my first statement, I don't want it cleaned. Commissioner Regalado: They already were cited day before yesterday by Code Enforcement, you know. Mariano Loret de Mola: Loret de Mola, Code Enforcement director. That property, Commissioner, was cited before. They secure the place. We had to close the case, and it's in very bad shape again, and we open another case. Commissioner Regalado: Okay. Mr. Cox: I'd like to -- Commissioner Gonzalez: All right. Pocket items. Commissioner Sarnoff Yes. Commissioner Gonzalez: Oh, I'm sorry. Charlie. Mr. Cox: No. I just want to say one thing. I'm going to tell you, I had our screening last Tuesday for the candidates, and I heard more complaints about our Code Enforcement, where we're putting little people out of business. You have two candidates that are running that are so upset about Code Enforcement the way we're enforcing it in the City with every little thing. I understand you live in Coconut Grove, the beautifulest area in the City, but there are other people out there that drive a single dump fruck to make a living. They drive lunch trucks in the back of their truck to try and provide food to put on the table or pay for these houses that they've got, and there are two candidates that are doing nothing but running their platform about Code Enforcement. One of them, he said he had come to see you before, and that's all they slammed us with. Slammed me with was Code Enforcement because of -- we're taking livelihoods away from people that that's the only thing they know how to do to be able to pay their bills and feed their families. Now, I don't know how true that is. Commissioner Sarnoff I'm not sure what you're saying, Charlie. I'm not running for office. City ofMiami Page 82 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Cox: No. I understand, but -- Commissioner Sarnoff But whatl am saying is there's a code out there. If you want to be a first-class city, you have to look and act like a first-class city. Mr. Cox: And you know what? Our city is a lot more beautiful now than it was years ago, and I won't disagree with that ever, and it really is. And I was born here, okay. I didn't come from New York. I was born in Jackson Memorial Hospital, but also have people that work in the same office as me. We've got three foreclosures in my office that we are all owners, and you know, one of them cleans up his lot, cut down too many trees; now he's got to replant 16 trees, 18 trees. I hear about that garbage everyday because he cut down two trees that were almost dead, and he's appealed it here. And you know what? He messed up on his own, so I understand that. But there are people complaining about how far Code Enforcement is going now. I'll tell you, I live in Davie; you can't put a boat in front of the house. When I retire in two years and four months, I will not live in Davie. You cannot put a camper in front of your house, so why live where you can't do anything when you want to? Commissioner Sarnoff I think you're making a policy statement that -- I'm not sure what the application is. I will say this to you, and I'll be very clear with you, Charlie. You know, I happen to think a beautiful city's a great place to live and it's part of the quality of life. And your suggestion that it takes a lot of money to keep -- see, my problem with the City ofMiami is you have a lot of absentee landlords that just don't care -- Mr. Cox: You're right. Commissioner Sarnoff -- and all you ask them to do is cut their lawn and it's like "What? I have to cut my lawn?" If you want to be a landlord, if you want to own land in the City of Miami, you have an obligation to your neighbor. You have an obligation to upkeep that structure. You have an obligation -- Mr. Cox: I'm not asking you to reduce it. I'm not asking that. I just want to let you know that everybody's aware of how much Code Enforcement does in this city, and some people are going to complain and some people are going to be happy as hell. That's part of life. Commissioner Sarnoff Right. Mr. Cox: But don't disagree with you. This City has turned around so much. It is pathetic compared to what it used to be. And I used to, as a kid, go downtown, so I mean -- and I'd love to see downtown get finished to where everybody can go down there like you used to and have a great life down there. Commissioner Sarnoff All right. Mr. Cox: Thank you. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 City ofMiami Page 83 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 09-00802 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING AND CONSOLIDATING THE NOVEMBER 12, 2009 REGULAR COMMISSION MEETING AND THE NOVEMBER 26, 2009 PLANNING AND ZONING COMMISSION MEETING TO NOVEMBER 19, 2009 AT 9 A.M.; FURTHER RESCHEDULING AND CONSOLIDATING THE DECEMBER 10, 2009 REGULAR COMMISSION MEETING AND THE DECEMBER 24, 2009 PLANNING AND ZONING COMMISSION MEETING TO DECEMBER 17, 2009 AT 9 A.M. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0350 Chair Sanchez: All right. Before we go on, there -- just want to -- to deal with the holidays in November and December, let's propose combining the regular Commission meeting and the PZ (Planning & Zoning) meeting for November and December. So send out a memo, which Thursday, November 19, which is the week before Thanksgiving, we're going to go ahead and combine both of those meetings. We do that every year. If you look at the schedule in itself I think that's the only -- just about the only appropriate day that we could have that meeting. Also, Thursday, December 17, which is a week before Christmas Eve -- Day, those -- we'll be able to combine both meetings to have one meeting both in November or December. All right. So that takes care of that. At this time -- Priscilla A. Thompson (City Clerk): No -- sir? I'm sorry, Chair. Chair Sanchez: Yes. Ms. Thompson: We have to have a motion and a vote on changing those dates because -- Chair Sanchez: Okay. Ms. Thompson: -- you're combining -- Commissioner Sarnoff So move. Ms. Thompson: -- the two. City ofMiami Page 84 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Chair Sanchez: There's a motion by Commissioner Sarnoff -- Commissioner Regalado: Second. Chair Sanchez: -- second by Commissioner Regalado. Any discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "nay." Motion carries. Ms. Thompson: Thank you. NA.2 09-00803 DISCUSSION ITEM BRIEF PRESENTATION ON THE STATUS OF PUBLIC SCHOOLS WITHIN THE CITY OF MIAMI. 09-00803-PowerPoint Presentation -Mayor Diaz -School Grades Presentation.pdf DISCUSSED Chair Sanchez: Mr. Mayor, you're recognized for the record. Mayor Manuel A. Diaz: Thank you, Mr. Chairman. Good morning, Commissioners. Wanted to make a brief presentation. I think most of you got some handouts yesterday from Vivian as to where we are with respect to our schools in the City ofMiami. As you know, from the time I took office, I placed education at the forefront of my agenda on the strong belief that everything that we fry to do in terms of combating poverty and fighting crime and trying to build up our neighborhoods and the quality of life in our neighborhoods is going to fall way short if we don't have quality education in our schools. And obviously, recognizing that the school system couldn't do it alone, the City has partnered with our school system in a number of areas, and that led to the first of its kind, education compact. I want to say that the Superintendent couldn't join us this morning. He's busy working on his budget, but we're joined today by Iraida Cartaya-Mendez [sic], who is the Assistant Superintendent for Intergovernmental Affairs, as well as Millie Fornell, who is the Assistant Superintendent for Curriculum and Instructions. The education compact focused on three principal areas. The first one was capital improvements. As all of you know, one of the negative byproducts of suburban sprawl is the fact that monies typically have to go out to service all these new subdivisions that were created out west; not just water and sewer lines, but also new construction. And as a result, what occurred is that our schools were completely ignored. From a capital perspective, many had not had a paint job in a number of years. So capital improvements was a big issue. And expanding our schools and our student stations, as they refer to them, was also important. As a city, it was growing, and it's going to continue to grow. I'm happy to report that since this -- in the last seven years -- actually, in the last, really, few years, 9,000 new student stations have been added in the City of Miami. We've had replacements at Holmes Elementary, Miami Jackson, and Southside Elementary, which is currently under construction. We've had additions at Kensington Elementary, Citrus Grove Elementary, Citrus Grove Middle, Kinloch Park Elementary, Shenandoah Elementary, and Coral Way K-8. We've had two new schools built, the Young Women's and Young Men's Prep Academies, and the Law Enforcement Officers Memorial High School will open its doors this fall. Commissioner Sanchez -- or Chairman Sanchez will be happy to know that the 55 million that has been allocated for the Miami High renovations and addition is set to be awarded this fall. This will add 1,000 new stations to our City schools. All told, if you just add -- we don't have an exact number for you, but we can get that, but it's clearly well over $100 million, and perhaps, several hundred million dollars that have been spent in our schools since that time. The second aspect of our compact was community and parental involvement, and we began this work at Holmes Elementary school, which was the City's only "F" school at the time, and has led to the development of after -school programs that are City ofMiami Page 85 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 servicing over 120 students. In addition, our partnerships have led to nearly $2 million worth of grant funded programs that are now serving over 1,500 students per year citywide. These programs have an emphasis on parental engagement, including after -school programs, youth civic engagement, family literacy, school readiness, truancy reduction, and digital literacy. And then, finally, the last part of the compact was student achievement, and this is the measure that all of us look to. And you have on the -- on your screens some results, which I will highlight for you. In 2001-2002 -- and these are overall numbers citywide -- only five of our schools or 10 percent of all of our schools were A" or `B" schools. Now, as you can see, 27 of our schools, more than half are earning As and Bs. This is a 440 percent increase. In '01-'02, 31 of our schools, or 63 percent of our schools, were "D" and "F" schools. This is down now to only 12 schools, which is 24 percent, and that's a decrease of 61 percent. In addition, 37 percent of our schools were "A" through "C." Now 76 percent of our schools are "A" through "C, " so we have doubled that percentage. You will also note that there are more A " schools than any other letter grade in the City ofMiami, and this year -- this past year, we had more A" schools than in any other year. We have taken our school average grade, in other words, our citywide school grade, from a "D" in 2001-2002 to a `B" average this year. Now let's look at our elementary schools, where we've had the most success and where we've focused much of our attention. In 2001-'02, only two elementary schools were A" or `B" schools, and that represented 6 percent of our elementary school. This year, 19 of our 33 elementary schools are A " or `B" and that represents 58 percent of our elementary schools and an 850 percent increase. In '01-'02, two-thirds of our elementary schools were performing below a "C." This number has decreased now to only five schools, which is 15 percent of our elementary schools, and that's a 77 percent decrease. Our middle schools, in '01-'02, there were no A" or `B" middle schools. This year, we've had a 300 percent increase; 3 out of 8 are As" or "Bs," and that represents 38 percent of all of our middle schools; 5 of our 8 are "A" through "C, " and that's 63 percent. In '01-'02, half of our middle schools were either "D" or "Fs; " now only three. We went from 50 percent of our middle schools earning a "D" to now 63 percent earning an A" or a "C." Our high schools is where we continue to have a challenge and a great deal of work still needs to be done. As I mentioned earlier, two new high schools have been opened, the Young Women and the Young Men's Prep Academy, and they are both earning "As." But there has been no improvement in the "F" high schools, where there were four high schools with "Fs" in '01-'02, and those same high schools have "Fs" today. However, the number of "A" through "C" category has improved from 40 percent of our high schools to now 60 percent of our high schools. Also wanted to reflect two other factors; one is how our charter schools are doing in the City ofMiami and some of our feeder schools -- as many of you know, there are some schools that are right outside the City ofMiami that still serve City ofMiami students. For example, Coral Gables High School is a feeder high school to many students who live in the City ofMiami, as is Ponce Middle, Liberty City Elementary, Horace Mann, and a few others. Overall, I'm happy to tell you that the schools outside that are serving our children -- there are eight of them -- half are "A" schools and the others are "Bs" and "Cs." I want to particularly point out Liberty City Elementary, which went from an "F" to an "A" school this year. With respect to our charter schools, they are performing -- also performing well. We have eight charter schools in the City; three are "As" and the others are "Bs" and "Cs." Now let me highlight some disfrict results, and we'll start with District 1. There are four schools in your disfrict, all of which are elementary schools, Commissioner Gonzalez. In '01-'02, there were no A" or `B" schools, and three out of the four schools, or 75 percent, were "Ds." Now all of those schools are either "A" through "C" schools. Disfrict 2, there are ten schools, six elementary, one middle, and three high schools. Only two out of the six elementary schools were A " or `B" schools in '01-'02. This year, all of the elementary schools in Disfrict 2 are either As" or "Bs." That's 150 percent increase. The middle and high schools in District 2 are magnet schools that are best -- among the best in the country and consistently earn "As" every year. In District 3, there are seven schools. In '01-'02, there were no "A" or `B" elementary schools. This year, half of these elementary schools are "A" schools. In '01-'02, two out of the three elementary schools were "D" schools; now all of the elementary schools in Disfrict 3 are either a "C" or above. As I mentioned, a couple of years ago, we opened the Young Women's City ofMiami Page 86 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Prep Academy in District 3, and that has been awarded an A " for two years in a row. In Disfrict 4 -- there are nine schools in District 4 and all of them are either "A" or `B" schools. In '01-'02, there were no A" or `B" elementary schools in District 4, and three out of the seven elementary schools were "D" schools; the other four were "Cs." This year, all seven elementary schools earned an "A." The two middle schools in Disfrict 4 have improved from "Cs" to "Bs." Finally, in Disfrict 5, there are 22 schools, and there has been significant improvement, as I referred to earlier, with respect to the performance of our middle schools -- of our elementary schools. Unfortunately, the middle and high schools continue to be performing rather poorly. In '01-'02, they were no A" or `B" elementary schools, and 12 out of 13 of them were "D" schools in '01-'02. That's 92 percent of the schools. This year, there are four "A" or "B" schools, which is 31 percent, and the number of "D" and "F" schools has decreased by almost 60 percent. Sixty-two percent of the elementary schools are either -- are in the "A" through "C" category. The middle and high schools in District 5, as I mentioned, unfortunately, have been consistently "D" or "F" schools, and it is very evident that this is where the greatest need exists. This year we also opened the Young Men's Prep Academy in District 5, which has earned an "A." I share this data with you to first show you that some of the news has been encouraging. We've made significant gains in the last few years, even taking our citywide average from a "D" to a "B," but clearly there is still a lot that needs to be done to get to where we want to get. Many -- the statistic don't lie. I mean, a significant amount of effort has to be focused, I think, in District 5. We continue to work closely with the Superintendent and his staff which is here today. We're expanding the education compact to try to target particularly the areas that we're having difficulty in. And so, again, while I think that we can be proud of some of the work that we're done to increase the performance of our schools over the last six, seven years, there is much that needs to be done. This -- during this meeting you will be appointing members to the Education Advisory Board, which is an important board as we continue to go forward because this is where it begins and this is where it ends. If we don't continue to work on the education of our children, if we don't continue to partner with the school system, we're not going to be able to build the kind of city that all of us want to build. If you don't have a name -- ifyou don't -- if you'd like a suggestion as to some people that have expressed an interest to our office to serving on this advisory board, please let us know. We've been working with many people throughout these years who want to continue working and are interested in serving -- continuing to serve the City either on this board or otherwise, as all of you continue to go forward. Chair Sanchez: Thank you, Mr. Mayor. Is anyone from the School Board who wants to address this? I know that we have with us Mrs. Cartaya-Mendez [sic], the Associated [sic] Superintendent, Officer [sic] oflntergovernment [sic]Affair [sic] and Grant Administration and Community Service. You're -- Iraida Mendez-Cartaya: Good morning, Mr. Chair -- Chair Sanchez: Good morning. Ms. Mendez-Cartaya: -- Commissioners, Mr. Mayor. My name is Iraida Mendez-Cartaya. I'm assistant superintendent for the Office of Intergovernmental Affairs, Grants Administration, and Community Services for the school system. Almost four years ago, we -- the City and the school disfrict embarked on the first education compact in the district. At the time, the Mayor and the City Commission wisely prioritized education. Over this time, we have worked as a team to address established goals, much of which has been established. And our superintendent was just here recently providing the City Commission an update on those goals and achievements. Mr. Mayor, Commissioners, I want to thank you for your unprecedented leadership in this area and taking on the responsibility and the leadership role to be the first education compact for our disfrict. Clearly, the compact is a living, breathing tool that evolves based on the consistent communication between the City and the citizens in your city and illustrates the needs in your community. It is my belief that the development of the Education Advisory Board is the key to City ofMiami Page 87 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 sustain the work that has been completed and to continue the work and continue the communication between the City and its residents. I commend you for your commitment to the City's children and families over the years and look forward to working very closely with the City in the years to come. As you know, the school grades were just released and the Mayor gave you an update. Much work has been done. Much positive work and accomplishments have been made, but much work is yet to be done. Our board and our superintendent met yesterday, establishing student achievement as its number -one goal, and it's for every child. Ms. Millie Fornell, associate superintendent for curriculum and instruction is here today to give you more detail on the four schools that continue to be a struggle for the City and for the district. Milagros Fornell: Good morning, Mr. Mayor -- Chair Sanchez: Good morning. Ms. Fornell: -- Mr. Chair, Commissioners. It's a pleasure to be here today. As Iraida said, we had a board retreat yesterday, and at that board retreat, our superintendent, Mr. Carvalho, unveiled a plan for, I know, one of the most -- one of the schools that has been on the forefront in terms of low student achievement, which is Edison Senior High School. He is planning to make that a state-of-the-art high school in terms of academics. He is not going to do the normal high school program. It's going to be run by a provost with deans. It's going to have several academies, high-level academic schools within schools, college board academies, international studies, high technology programs, and it's going to be a commuter high school, schools of choice that will deal with students from all over the community, as well as the neighborhood community. So we're very excited about Edison Senior High School. As you know, in a time when diminishing resources, both financial and human capital, we have to be very strategic as to how we deploy resources to the schools. So he also unveiled a tier academic support plan for both the "F" and the "D" schools and the rest of the schools. As you know, when he came into the superintendency, we were facing four schools who were facing closure, Holmes Elementary, Edison Senior High School, Central Senior High School, and Liberty City Elementary. And in six months, he was able to turn around those schools, and as you say, Mr. Mayor, Liberty City to an "A," Holmes to a "C, " and obviously, Edison Senior High School, the only one of the four schools that we will have to do something differently. That showed us that what we did for those schools and the rest of the five (UNINTELLIGIBLE) schools worked very well, which was very intensive deployment of disfrict staff in a tiered approach to the schools to provide in job -- job-embedded professional development and assistance to the teachers at the schools, a very targeted curriculum that was aligned to the standards, that was aligned to the interim assessments. And one thing that was very successful was the 14 days of the academy, Saturday academies. We're extending that to 20 days, and that will also be starting in September for all of the "D" and "F" schools. So I know that, with the concerted effort that we have put together and with the commitment of the Superintendent and the board and the staff we will make the schools in your disfrict also very successful this year. Chair Sanchez: Thank you. Does that --? Mayor Diaz: I just forgot to mention that Lisa Martinez is -- Chair Sanchez: Yes. Mayor Diaz: -- also here representing the school system. You all remember Lisa very well, I'm sure. If you have any questions, we're here to answer any questions. Chair Sanchez: Any questions? If not, I want to take the opportunity, Mr. Mayor, to praise you and the school superintendent. Education is a "we" thing, and everyone must be involved in education. And you know, there's a saying that says I'd rather, you know, spend $18, 000 educating a child than end up spending $50, 000 incarcerating that child if we don't afford them City ofMiami Page 88 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 the opportunity to get a good education. And you know, if you look in the past, South Florida, in our city, we have received very bad gradings [sic] when it comes to the schools. We've seen the significant improvements here, but it is about -- it's about the community coming together. It's about civic engagement. It's about volunteering program. City Year is a perfect example of a great success in our community of young men and women that have dedicated themselves almost -- what is it, almost a year that they come down here and they go to these schools that are "F" schools and "D" schools and they give that one-on-one attention to these high -risk students. And through that effort, they have been able to improve their skills, and they have been able to improve their grades. So it is, once again, a "we" issue when we come out to fry to help everyone out there that's struggling. You know, I was given a book called the "Pipeline to Jail -- Incarceration." It really shows that a lot of kids, especially in poor communities, are born -- and the statistics of them going to jail are so high that our federal government, in the future, set aside budgets and they build prisons based on those childrens [sic] that how -- will be on that path to end up going to jail. It is our responsibility to do everything we can to make sure that we derail them into productive citizens in our community. And how it's going to be done is by putting our efforts to mentor them, to give them the right path, to get them in the right path, which is a path of success so they could reach their God-given talent that they deserve. And the only way we're going to be doing that is by working together, and this is a great partnership between the City and the School Board. And once again, I praise you all for your efforts. Mayor Diaz: Thank you -- Chair Sanchez: Anyone else? Mayor Diaz: -- Mr. Chairman. I -- yeah. I mean, that's an alarming and a dangerous statistic. When you know -- when you look at the fact that you know today a black child born in America has a one in three chance ofgoing to jail, and a Latino child, a one in four chance ofgoing to jail. That's not a society we can turn our -- we can't focus our attention on. I mean, it's just -- it's alarming. And obviously, it's higher in urban areas, like ours. So this is part of our efforts to try to combat that. So thank you very much for your time. Chair Sanchez: Thank you so much -- Mayor Diaz: And I also did want to -- Chair Sanchez: -- your presentation. Mayor Diaz: -- just -- we have a couple of City Year representatives. How many schools are you in? Saiflshoof Eight schools. In City ofMiami, we're in -- Chair Sanchez: I'm sorry. You're going to have to come up -- Mayor Diaz: I'm sorry. Chair Sanchez: -- and put your name on the record and a brief -- Mr. Ishoof Good morning. My name is Saiflshoof. I'm the executive director of City Year Miami. Mr. Mayor, to your question, through the Chair, we're in four schools that are in the City ofMiami. Mayor Diaz: All right. They've been doing a wonderful job. As you pointed out, we're now one of 20 cities in the country -- City ofMiami Page 89 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Mr. Ishoof We're one of 20 sites -- Mayor Diaz: Right. Mr. Ishoof -- throughout the United States, 20 plus years of operation throughout the United States, and we proudly served in the success story of Liberty City Elementary -- Mayor Diaz: Right. Mr. Ishoof -- during this quantum leap in performance. Chair Sanchez: Now there's a success story. Mayor Diaz: There's a success story. Chair Sanchez: All right. Thank you so much. Mayor Diaz: Thank you, Mr. Chairman. Mr. Ishoof Thank you. Chair Sanchez: All right. Thank you. NA.3 09-00804 DISCUSSION ITEM BRIEF DISCUSSION OF EMPLOYEE SALARY POLICY FOR EXEMPT CITY EMPLOYEES. 09-00804-Submittal-Commisisoner Sarnoff.pdf DISCUSSED Direction by Commissioner Sarnoff to the City Manager to review the relevant laws pertaining to the Fair Labor Standards Act (FLSA) and Family Medical Leave Act (FMLA) and their application to exempt salaried City employees per Administrative Policy Manual (APM) 1-06. Commissioner Gonzalez: All right. Pocket items. Commissioner Sarnoff Pocket item, Mr. Chair. Mr. Manager, this comes to me as a result of reading in the paper about the folks from what we commonly and euphemistically in the City of Miami refer to as the Firm. And when I started looking into this and we -- realizing they they're all going to get misdemeanors, some, and they're going to get their pensions. And then an APM (Administrative Policy Manual) emerged, APM 1-06. This APM apparently was issued by you before I became Commissioner, but I believe it's August 2006. In this APM it says, the policy will be as follows: If an employee is on a salary basis exempt, he must receive a full salary for any week in which the employee performs any work regardless of the number of days and hours worked, except as provided herein under exceptions. Now that to me means that if an employee works one hour of a workweek under this APM, they would be required to get a full week's work. How in the world could you implement that? Pedro G. Hernandez (City Manager): Commissioner, ifI may. The APM is strictly following Fair Labor Standards Act totally, so we are abiding by federal regulations, and they do apply in a certain way to government employers that I know that I have, you know, Hector here ready to explain. Whenever you have a sick leave plan and a vacation plan and so forth, you have the tools to be able to take away or to account for the hours that you've removed that the person didn't work. So in essence, this APM is not just arbitrary, but it strictly follows federal law, and I would like to have Hector maybe provide some additional background. City ofMiami Page 90 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Sarnoff I would hate to say this to you, Mr. Manager, but I am infinitely familiar with the Fair Labor Standards Act, FLSA. The FLSA does not mandate, does not require, does not implement, does not legislate that if a person works one hour, you got to pay them the full week. That is an un -- incorrect recitation of the law. Mr. Hernandez: Well, let me -- Hector. Hector Mirabile (Director, Employee Relations): Dr. Hector Mirabile, director of Employee Relations. Commissioner, you read part C of the APM. Commissioner Sarnoff Right here. Mr. Mirabile: Correct. If you'd go to Section 2, which is directly under it, it provides you the exceptions, and in there the Manager alluded to the illness time, vacation time, and other assorted times that the City provides. Additionally, we have the ability, under the principles of public accounting, under 29 CFR, section 541.710, also known as the Public Accountability Section of that, any time an employee does not work a specific amount of time and it's identified, that time can be deducted. It's a management principle. Commissioner Sarnoff Let me ask you this question. An exempt employ -- a non-exempt employee -- or it doesn't matter, really, exempt or not. Let's just say a director goes in for one minute of one week, you believe the FLSA requires they're paid their entire week? Mr. Mirabile: If management permitted that individual to come in for one minute -- Commissioner Sarnoff Right. Mr. Mirabile: -- leave -- Commissioner Sarnoff Right. Mr. Mirabile: -- not perform any work -- Commissioner Sarnoff Right. Mr. Mirabile: -- the answer's yes. Commissioner Sarnoff You really think that's the law? Mr. Mirabile: No. I said the caveat what -- is if management permitted it. Commissioner Sarnoff Let's say Pete Hernandez asked Roger Hernstadt to come in for -- Larry Spring's standing right next to him. Come on. Larry Spring (Chief Financial Officer): I work more than one minute. Commissioner Sarnoff I'll give you this scenario. Two high paid, high -regarded, well -thought out gentlemen standing to his -- Manager's left, Larry Spring and Roger Hernstadt. He calls them into his office on Monday morning. Takes them -- takes him five minutes to give him -- to give them notice that they did something wrong and he is asking -- he's telling them they're fired. You're suggesting to me the law is they get paid their entire week? Mr. Mirabile: No, sir. The law is also very specific in that. If you go ahead and terminate their employment, at that point of termination, that's where pay stops. City ofMiami Page 91 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 Commissioner Sarnoff So then how is it that he can have a mandate of "C" that says if you come in for any part of a workweek, you must get paid for the entire week? Mr. Mirabile: It is the assumption when the Fair Labor Standards Act was created that if you are an exempt employee or you are a salary -based employee, not an hourly employee, you will be treated then accordingly that if you work for 40 or more hours, you will get paid for just the 40 hours. If you work less than 40 hours, you will also get paid for those 40 hours. Commissioner Sarnoff I got to tell you, I've been doing the Fair Labor Standards Act for 15 years. Mr. Mirabile: Yes, sir. Commissioner Sarnoff If you're an exempt employee, the Fair Labor Standards Act doesn't apply to you. Mr. Mirabile: Sir, I differ with you. Commissioner Sarnoff Okay. Mr. Mirabile: Fair Labor Standards Act specifically identifies exempt employees in that action. You're salary based. That's what it is. Commissioner Sarnoff So your position is that a highly paid salaried employee, such as a Larry Spring, the Fair Labor Standards Act applies to him? Mr. Mirabile: Absolutely. It also applies to you. Commissioner Sarnoff I'd love to have the protection. I can assuredly tell you it doesn't apply to -- I can assuredly tell you it doesn't apply to Larry Spring and it doesn't apply to Marc Sarnoff. But you know what? Instead of having the debate on the dais, you bring me your law and I'll show you my law. Mr. Mirabile: Your -- Commissioner Sarnoff But my point -- so you believe, Mr. Manager, your APM is mirroring and is merely implementing what you think you are forced to do as a result of some federal guideline? Is that correct? Mr. Hernandez: Commissioner, my understanding, not only talking to ERD [sic], some, I think, one of our attorneys, is that this is a correction application. However, I think that we're missing one point here. When an individual -- Larry is no longer next to me -- Commissioner Sarnoff Such as Larry. Mr. Hernandez: -- when an individual is either sick or has vacation, et cetera, and the person doesn't show up to work, it's either charging it to sick leave or charging it to vacation. And this happens because a government employer has those accumulated, let's say, benefits. Either you charge it to sick leave or vacation, or if the person is no longer needed, then the supervisor has to take action and reassign that individual or let him go. So it boils down to proper supervision. That's the key to everything. I think that job basis is found in the private sector, it's found in the government sector. But everything is supervision. You have to account for those individuals to be sure they have work, that they're busy, that they have, you know, work that is acceptable, and you measure their performance. If they don't measure up, you have to do something about it. It's -- everything is supervision, and it goes back to the Firm. City ofMiami Page 92 Printed on 7/20/2009 City Commission Meeting Minutes July 9, 2009 NA.4 09-00805 Commissioner Sarnoff I'll tell you what, I'd like to see your law because I think you're mixing the FMLA, the Family Medical Leave Act, with the Fair Labor Standards Act, and I can suggest to you that there's no interaction. But be that as it may, I don't want to put this Commission through it. My concern was the scenario I gave to you, which is a highly paid employee can work for one minute and can get a full week salary. And if you think there's law on point, you have a City Attorney sitting next to you, I'd like to see that law, I'd like to see the interaction of that law. I suspect you're mixing FMLA with FLSA, and if you have a lawyer that can support that, it's either in the law or it's not. But my concern that I bring it to you and I bring it up to this Commission is merely that I think that is a very liberal treatment, and if it's federally mandated, so be it, but if it's not, I suspect -- and I -- Mr. Hernandez: Commissioner, I'll be -- Commissioner Sarnoff -- suspect that it's not, I would suggest that you might want to revisit this. Mr. Hernandez: Right. I will revisit it, work with the City Attorney's Attorney and ERD (Employee Relations Department) and keep you advised. Commissioner Sarnoff Thank you. DISCUSSION ITEM BRIEF DISCUSSION ON PRICING OF PENSION BONDS. DISCUSSED Commissioner Gonzalez: All right. I believe the Manager has a pocket item. Pedro G. Hernandez (City Manager): Mr. Chairman, yes. If you allow me, I would like to have Mr. Spring, if he's still here, to provide a brief update to the City Commission on pension bond transaction. Larry Spring: Larry Spring, chief financial officer, who clearly does work more than one minute a week. Based on this Commission [sic] directive, we were told to come back to the Commission when we were pricing the pension bond transaction that's already been authorized by the City Commission. Just wanted to let you know that transaction is pricing right now in the market. Based on the last run we received, our fixed interest rate will be below six and a half percent; you authorized eight percent. And this is a taxable bond deal. So we just wanted to make sure we complied with your directive. Commissioner Gonzalez: All right. Chair Sanchez: All right. Commissioner Gonzalez: Anything else? Chair Sanchez: Motion to adjourn. Commissioner Gonzalez: Motion to adjourn. Chair Sanchez: It's always in order. City ofMiami Page 93 Printed on 7/20/2009