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HomeMy WebLinkAboutCC 2009-09-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 10, 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 September 10, 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 PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the loth day of September 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 Vice Chair Michelle Spence -Jones at 9:35 a.m., recessed at 12: 02 p.m., reconvened at 2: 24 p.m., recessed at 2: 51 p.m., reconvened at 5: 08 p.m. for the first budget hearing session, and adjourned at 12:00 a.m. (September 11, 2009). Note for the Record: Commissioner Gonzalez entered the Commission Chambers at 9:52 a.m and Chair Sanchez entered the Commission Chambers at 9:58 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Vice Chair Spence -Jones: Good morning. I'd like to officially call the City Commission meeting for September 10, '09. At this point, I'd like to have the invocation by Madam City Clerk and the pledge of allegiance by Commissioner Sarnoff. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-00994 PRESENTATION Honoree Presenter Protocol Item Fausto Callava Commissioner Salute Regalado Special Presentations National Day of Service and Remembrance The Department of Procurement is recognized for having earned, for five consecutive years, the Achievement of Excellence in Procurement Award from the National Purchasing Institute 09-00994 Protocol.pdf PRESENTED 1. Commissioner Tomas Regalado recognized Fausto Callava for his 24 years of service to the City ofMiami and congratulated him for his professional dedication and overall excellence as a City ofMiami Administrator. 2. Commissioner Spence -Jones presented the "2009 Achievement of Excellence in Procurement Award" to the Purchasing Department and acknowledged the Department's receipt of the prestigious Merit Award from the National Purchasing Institute for the fifth consecutive year, an accomplishment that reflects the Department's organizational excellence and highly productive teamwork. 3. Mayor Diaz designated September 11, 2009 as "A Day of Service & Remembrance in Miami" City ofMiami Page 3 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 MAYORAL VETOES and urged all citizens to support the call for community engagement through volunteerism, service and meaningful involvement, highlighting the universal beliefs of compassion, selflessness, and unity. Vice Chair Spence -Jones: At this time, we'd like to go into presentations and proclamations. Presentations made. NO MAYORAL VETOES Vice Chair Spence -Jones: We're going to go 'head [sic] and get started with the meeting. I believe the Chairman is going to be a little late. Okay, at this time, Madam City Clerk, are there any mayoral vetoes? Priscilla A. Thompson (City Clerk): No, there're none. Thank you. Vice Chair Spence -Jones: Okay. Move on to the next thing. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez Vice Chair Spence -Jones: We're going to go 'head [sic] and get started with the approval of the minutes. Is there a motion to approve the minutes for July 9? Commissioner Regalado: Move it. Commissioner Sarnoff Second. Vice Chair Spence -Jones: All right, the item passes. All right. We're going to go on to the consent agen -- Priscilla A. Thompson (City Clerk): We need a vote on that. You've got a mover and a seconder. Now we need the vote. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. END OF APPROVING MINUTES ORDER OF THE DAY City ofMiami Page 4 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 CA.1 09-00875 Department of Fire -Rescue CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE CITY OF MIRAMAR, A NEW MEMBER UNDER THE URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FOR FISCAL YEAR 2007, TO SUB -GRANT A PORTION OF SAID UASI GRANT, IN AN AMOUNT NOT TO EXCEED $200,000, FOR THE PURCHASE OF A WEB -BASED EMERGENCY MANAGEMENT SYSTEM TO BE DELIVERED THROUGHOUT THE REGION, FOR THE PREPARATION FOR OR ANTICIPATION OF, A MAJOR DISASTER OR EMERGENCY RELATED TO TERRORISM AND/OR WEAPONS OF MASS DESTRUCTION; ALLOCATING FUNDS FROM PROJECT NO. 18-180011-5.01-1564-EQUIPMENT-181000. 09-00875 Legislation.pdf 09-00875 Exhibit.pdf 09-00875 Summary Form.pdf 09-00875 -Line Item Budget Detail- REMOVED.pdf 09-00875-Indirect Worksheet-REMOVED.pdf 09-00875 Master Report.pdf 09-00875 Pre-Legislation.pdf 09-00875 Subgrant Agreement.pdf 09-00875 Pre -Summary Form.pdf 09-00875 Fund Title.pdf 09-00875 Memorandum of Agreement.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0402 Vice Chair Spence -Jones: So we're going to take up CA.1. Reginald Duren: Reggie Duren, assistant chief City ofMiami, Fire -Rescue. Vice Chair Spence -Jones: Reggie, can you pull the mike up a little? Mr. Duren: Sure. That better? Vice Chair Spence -Jones: Yeah, better. Mr. Duren: Okay, great. Commission, we apparently had a -- two documents that were budget line items that were inadvertently placed in the request for the MOA (Memorandum of Agreement) with the City ofMiramar. We'd like to ask that they be stricken from the documents. City ofMiami Page 5 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Priscilla A. Thompson (City Clerk): Thank you. Commissioner Sarnoff So anybody watching this hearing would know that there is not going to be an additional $359,400 in costs for employment. Mr. Duren: No, sir, not at all. Commissioner Sarnoff Okay. Thank you. Vice Chair Spence -Jones: Thank you very much. And I believe -- Commissioner Sarnoff Move CA.1. Vice Chair Spence -Jones: We have a motion and a second. Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. CA.2 09-00876 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Fire -Rescue CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S ("CITY'S") OPTIONS TO RENEW THE TERM OF THE LEASE BETWEEN THE CITY AND SCOTT ROBERTS MCNARY AND BETTY MARIE MCNARY ("LESSOR"), FOR THE USE OF 3,900 SQUARE FEET OF OFFICE SPACE AND RELATED PARKING AREAS LOCATED AT 1150 SOUTHWEST 22 STREET, MIAMI-DADE COUNTY, FLORIDA (THE "LEASE"), UPON THE SAME TERMS AND CONDITIONS OF THE LEASE, SUBJECT TO BUDGETARY FEASIBILITY; ALLOCATING FUNDS FROM THE ANNUAL ALLOCATION OF URBAN SEARCH AND RESCUE GRANTS ("GRANTS") UPON ACCEPTANCE OF THE GRANTS BY THE CITY COMMISSION. 09-00876 Legislation.pdf 09-00876 Summary Form.pdf 09-00876 Memo.pdf 09-00876 Master Report.pdf 09-00876 Pre -Legislation 1.pdf 09-00876 Lease Agreement.pdf 09-00876 Letter.pdf 09-00876 Pre -Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0392 CA.3 09-00877 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A City ofMiami Page 6 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 MUTUAL AID AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY, TO RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ENSURE PUBLIC SAFETY AND ADEQUATELY RESPOND TO INTENSIVE SITUATIONS, INCLUDING, BUT NOT LIMITED TO NATURAL AND MANMADE DISASTERS OR EMERGENCIES AS DEFINED IN PART 1, CHAPTER 23, OF THE FLORIDA STATUTES. 09-00877 Legislation.pdf 09-00877 Summary Form.pdf 09-00877 Exhibit.pdf 09-00877-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0393 CA.4 09-00878 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Police CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODES 12500.191602.664000.0000 AND 12500.191602.514000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 09-00878 Legislation.pdf 09-00878 Summary Form.pdf 09-00878 Affidavit.pdf 09-00878-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez CA.5 09-00879 Department of Purchasing R-09-0394 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF SIGN LANGUAGE INTERPRETER SERVICES, FROM ACCESSIBLE COMMUNICATION FOR THE DEAF, INC. AND CODA LINK, INC., ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING MIAMI-DADE COUNTY CONTRACT NO. 9056-0/14, EFFECTIVE THROUGH JULY 31, 2014, SUBJECT TO ANY EXTENSIONS AND/OR REPLACEMENT CONTRACTS BY MIAMI-DADE COUNTY; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF City ofMiami Page 7 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00879 Legislation.pdf 09-00879 Summary Form.pdf 09-00879 Contract Award Sheet.pdf 09-00879 Awarded Items.pdf 09-00879 Addendum No. 1.pdf 09-00879 Invitation to Bid.pdf 09-00879 Appendix Affidavits.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez CA.6 09-00888 Department of Purchasing R-09-0395 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED JULY 31, 2009, PURSUANT TO INVITATION FOR BID NO. 160131, FROM MUNICIPAL EQUIPMENT, LLC., SAFETY PRODUCTS, INC., SAF-T-GARD INTERNATIONAL, INC., SAF-T-GLOVE, INC., GREAT LAKES EMERGENCY PRODUCTS, AND FREMONT INDUSTRIAL, FOR THE PURCHASE OF WORK GLOVES, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00888 Legislation.pdf 09-00888 Summary Form.pdf 09-00888 Tabulation of Bids.pdf 09-00888 Addendum No.1.pdf 09-00888 Invitation for Bid (IFB).pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0396 CA.7 09-00900 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING Commissioner THE EXPENDITURE OF DISTRICT 2 QUALITY OF LIFE FUNDS, IN THE Marc David Sarnoff AMOUNT OF $6,100, TO PURCHASE BIKE RACKS TO BE INSTALLED AT SEVERAL SITES IN BIKE FRIENDLY COCONUT GROVE. 09-00900 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 8 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0397 CA.8 09-00941 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Manny Diaz CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $42,869, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MENTORED MINDS MATTER AT LENORA B. SMITH ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00941 Legislation.pdf 09-00941 Project Award.pdf 09-00941 Budget Narrative Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0398 Vice Chair Spence -Jones: We're going to move on to CA.8. Commissioner Sarnoff Yeah. Vice Chair Spence -Jones: Andl believe that -- Commissioner Sarnoff Madam Chair, CA.11 -- and I want to be clear for everyone. This is a misprint. If you all will remember, in May you approved a $200, 000 amount that came from District 2 quality of life Homeland Security bond dollars, and that was approved in May. And after that, we learned that for twenty more thousand dollars and some value engineering, we could get everything done in the park we wanted to. So this really should say an additional $20, 000. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff So it's not really 200,000 plus 220, 000. It is for the total of $220, 000. And for those of you that have had the opportunity to go past Simpson Park, you'll see that they're actually starting the construction. So I just wanted to clarify that for the record. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff So I would move CA.11. Vice Chair Spence -Jones: I have a motion and a -- Commissioner Regalado: Second. Vice Chair Spence -Jones: -- sec -- All in favor? City ofMiami Page 9 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 The Commission (Collectively): Aye. Vice Chair Spence -Jones: Alrighty, so we're moving right along. No more items on CA (Consent Agenda) items. CA.9 09-00944 RESOLUTION Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Manny Diaz CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $46,311, FROM MIAMI-DADE COUNTY PUBLIC SCHOOLS, FROM A GRANT AWARDED BY THE FLORIDA DEPARTMENT OF EDUCATION, TO PROVIDE SERVICES FOR THE 21ST CENTURY COMMUNITY LEARNING CENTER MIAMI LEARNING ZONE AT HOLMES ELEMENTARY SCHOOL, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 09-00944 Legislation.pdf 09-00944 Letter.pdf 09-00944 Budget Narrative Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0399 CA.10 09-00945 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION DECLARING NO Commissioner OBJECTION AND SUPPORTING MIAMI-DADE COUNTY RESOLUTION NO. Marc David Sarnoff 881-09, ADOPTED JUNE 30, 2009, URGING THE CITY OF MIAMI TO CODESIGNATE SOUTHWEST 32ND AVENUE FROM GRAND AVENUE TO DAY AVENUE, MIAMI, FLORIDA, AS "YVONNE M. MCDONALD ROAD;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-00945 Legislation.pdf 09-00945 Letter.pdf 09-00945 Memo.pdf 09-00945 State of Florida.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0403 Vice Chair Spence -Jones: Okay. We're going to move on to item number CA.10. Commissioner Sarnoff Yes. Madam Chair, this is an item, a resolution, in which we will declare McDonald Avenue "Yvonne M. McDonald Avenue [sic]." And for those of you that don't know, Yvonne McDonald has served this community for more than 30 years, and unfortunately, died on October 14, 2008. She was a staffer of mine since the day I set foot in the office, and she served her community with honor, pride, and dignity. Yvonne's family is here. City ofMiami Page 10 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Her mother, MaryAlice Smith, if she would stand. For any of you that know MaryAlice Smith, this is a fine woman who has raised some great children and will have the honor in a very short time of being out a ceremony to declare a street in her daughter's name that will be called "Yvonne M. McDonald Road. " This was brought about by the help of Commissioner Carlos Gimenez, Commissioner Pepe Diaz, and Commissioner Rebeca Sosa, on which behalf as district Commissioner of the City ofMiami, I'd like to thank them for their help in allowing this to occur. And we look forward to everybody coming out in the next few weeks to actually put the sign up there that will, from this day forward, call it "Yvonne M. McDonald Road." So on behalf of District 2 to that honorable family, a family that has lived in Village West for a long, long time, and a family that I like to call my friend, thank you very much, MaryAlice Smith. Applause. Commissioner Sarnoff I would move CA.10, Madam Chair. Vice Chair Spence -Jones: We had a motion. Commissioner Regalado: Second. Vice Chair Spence -Jones: Do we have a second? Commissioner Regalado: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: I do want to just add to -- also commending the Commissioner for his support on that. We all -- those that knew Yvonne in this building knew that she was a -- fruly was a peacemaker. She kept a lot of peace in this building when she was here, so I want to at least publicly also acknowledge the family for coming out this morning. Commissioner Sarnoff She caused a lot of havoc in the office, though. Vice Chair Spence -Jones: All right. We're going to move -- Commissioner Sarnoff Yvonne was a strong woman. CA.11 09-00947 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Commissioner ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $220,000, FOR Marc David Sarnoff THE IMPLEMENTATION OF A NEW LANDSCAPE PLAN AND THE DESIGN OF NEW AND EXISTING FEATURES AT SIMPSON PARK; ALLOCATING SAID FUNDS FROM THE DISTRICT 2 QUALITY OF LIFE FUNDS. 09-00947 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0404 CA.12 09-00880 RESOLUTION City ofMiami Page 11 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO REVOCABLE LICENSE AGREEMENT ("FIRST AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND ALLAPATTAH-WYNWOOD COMMUNITY AND DEVELOPMENT CENTER, INC. ("LICENSEE"), APPROVING THE CITY'S COSTS AND EXPENSES RELATED TO THE ROOF REPAIR OF THE 14,580 SQUARE FOOT CITY -OWNED PROPERTY LOCATED AT 1500 NORTHWEST 16TH AVENUE, MIAMI, FLORIDA, IN THE AMOUNT OF $26,355, WITH THE LICENSEE TO REIMBURSE THE AMOUNT OF $14,355 TO THE CITY ON A MONTHLY BASIS, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN SAID FIRST AMENDMENT. 09-00880 Legislation.pdf 09-00880 Exhibit.pdf 09-00880 Summary Form.pdf 09-00880 Revocable License Agreement.pdf 09-00880 Text File Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez CA.13 09-00887 Department of Purchasing R-09-0400 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JULY 1, 2009, PURSUANT TO INVITATION FOR BID NO. 146110, FROM INTERNATIONAL NAMEPLATE U.S. INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PURCHASE OF VEHICLE DECALS AND STRIPING, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00887 Legislation.pdf 09-00887 Summary Form.pdf 09-00887 Award Recommendation.pdf 09-00887 Tabulation.pdf 09-00887 Response to IFB.pdf 09-00887 Taxable Entity Search Results.pdf 09-00887 Addendum No. 1.pdf 09-00887 Maps.pdf 09-00887 Award Sheet.pdf 09-00887 Invitation for Bid (IFB).pdf This Matter was ADOPTED on the Consent Agenda. City ofMiami Page 12 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0401 Adopted the Consent Agenda Votes: Motion by Commissioner Regalado, 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: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez END OF CONSENT AGENDA Vice Chair Spence -Jones: We move on to the consent agenda. Commissioner Sarnoff Yeah. Can I pull item 10 and 11 for discussion? Vice Chair Spence -Jones: Sure. 10 and 11 for discussion. Any other comments on the CA (Consent Agenda) items? Commissioner Regalado: No, Madam Chair. Vice Chair Spence -Jones: Okay. Can I have a motion --? Priscilla A. Thompson (City Clerk): Madam Chair, before you move on, I do have in my notes that there is a change to CA.1. Vice Chair Spence -Jones: CA.1. Is the Administration or someone here to discuss this item? All right, so can we go 'head [sic] and get approval on the remaining part of the agenda? Commissioner Regalado: (UNINTELLIGIBLE). Vice Chair Spence -Jones: Have a motion and a second. Commissioner Sarnoff Second. Vice Chair Spence -Jones: All in favor, "aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 09-00906 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION BY A FOUR -FIFTHS Attorney (4/5THS) AFFIRMATIVE VOTE, AFTER PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CITY CODE, WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO ENABLE MIGUEL M. DE LA 0 AND DAVID EVERETT MARKO TO ENTER INTO AN AGREEMENT TO TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI, FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI IN A LAWSUIT AGAINST CERTAIN CONSTRUCTION, ENGINEERING, AND INSURANCE COMPANIES. City ofMiami Page 13 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 09-00906 Legislation.pdf 09-00906 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, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez R-09-0405 Vice Chair Spence -Jones: I guess we can't take the public hearings until 10:30, but we can take PH.1, correct? Okay. PH 1, waiver conflict. Madam City Attorney, do you want to --? Julie O. Bru (City Attorney): Yes. PH 1 is a waiver of a conflict of interest that would arise out of the fact that the member of a law firm that we're recommending later on on this agenda to represent the City in -- on a contingency fee basis in a claim that we have against several professionals, including engineers, regarding some construction work that was done in our sidewalks, the attorney that would repre -- be representing us, if you were to approve that, serves on the Civil Service Board. So this is a waiver of that conflict of interest. Vice Chair Spence -Jones: Okay. We have a waiver on this item. We have a -- do we have a motion and a second on it? We have a motion by Commissioner -- Commissioner Gonzalez: Move it. Commissioner Sarnoff Second. Commissioner Regalado: Second. Vice Chair Spence -Jones: Okay. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item passes. "[Later...]" Vice Chair Spence -Jones: Mr. Chairman has graced us with his presence this morning. Good morning, Mr. Chairman. Chair Sanchez: Good morning. I will proceed. Where are we at, Vice Chair? Vice Chair Spence -Jones: We're doing the waiver of conflict. We've already had the motion and second, but I have to reopen it up for a public hearing. That's one thing that I did not do. So at this time, if we can -- We had a motion and second, but we need to open it up for a public hearing. So if there's anyone from the public that has a comment on PH 1, please, at this time -- All right, the item comes back to the Commission. I believe we had -- Priscilla A. Thompson (City Clerk): No. That -- you already did your vote, which was fine. You just did the housekeeping measure of opening the public hearing -- Vice Chair Spence -Jones: Right. Ms. Thompson: -- and closing it. Vice Chair Spence -Jones: I've already done that. City ofMiami Page 14 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 10:30 A.M. Ms. Thompson: Yes. So you're fine on PH.1. Vice Chair Spence -Jones: All right, so -- Ms. Thompson: Thank you. Vice Chair Spence -Jones: -- at this time, I'm turning it back over to -- Chair Sanchez: All right. Vice Chair Spence -Jones: -- Mr. Chairman. A sign language interpreter translated discussion of items PH.2 - PH.6. PH.2 09-00881 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING, AND AUTHORIZING THE CITY MANAGER Development TO IMPLEMENT, THE SECTION 3 ACTION PLAN, IN SUBSTANTIALLY THE ATTACHED FORM, TO COMPLY WITH SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 , AS AMENDED (12 U.S.C. 1701U), AND THE REGULATIONS OF THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, 24 CFR PART 135, IMPLEMENTING SECTION 3. 09-00881 Legislation.pdf 09-00881 Exhibit.pdf 09-00881 Summary Form.pdf 09-00881 Public Notice.pdf 09-00881 Appendix to Part 135.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Spence -Jones Absent: 1 - Commissioner Regalado R-09-0406 Direction by Vice Chair Spence -Jones to the Administration to partner with the City's Miami Works Program for the hiring of labor workers. Chair Sanchez: Let's go ahead and take up PH.2 through PH.6. Madam Attorney, we have the interpreter. We are ready. Let's start with PH.2. George Mensah: Mr. Chair, this is George Mensah, director of Community Development. PH.2 is a resolution to approve and authorize the City Manager to implement the Section 3 Action Plan, and this action plan allows businesses -- Section 3 businesses and Section 3 residents to have priority in the hiring for contracts from Community Development. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: Okay. Yes? Vice Chair Spence -Jones: Oh, it's a hearing, public hearing, so -- City ofMiami Page 15 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: All right, PH.2. Is there a motion on PH.2? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion on PH.2. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: All right. PH.2 is an ordinance. Is it an ordinance? Mr. Mensah: No. It's a resolution. Chair Sanchez: It's a resolution, okay. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, hearing no one, the public hearing is closed, coming back. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Vice Chair Spence -Jones: Mr. Chairman, I just have one question and I just mentioned it to George. I just want to be clear, George. I know that this is in regard to the action plan, but I really want us to try to -- in reference to any demolition projects, any housing -based project, any things that we have going on that requires for us to hire labor workers, that we partner with the Miami Works program, which runs actually through the City of Miami -- Mr. Mensah: Okay. Vice Chair Spence -Jones: -- 'cause they're training a lot of these people and they need -- we need to make sure they're placed on work -- on jobs. Can't necessarily think about or focus our energies on the stadium 'cause that's coming along, but there're so many other things that these individuals can be working on. So we do have a Miami Works Department, so I'm going to ask that you find a way to at least make sure there's some partnership -- there's a place in Allapattah. I think it's IBW. There's a few Miami Works centers that we have that we'd like for those to be kind of like the first stops for laborers. Mr. Mensah: We will do that. As a matter of fact, one of the requirement in the plan, the procedure is for any contractor that is hired to be able to give notices to people who otherwise will qualify for such hiring. And therefore, the Miami Works program that you talked about definitely -- Vice Chair Spence -Jones: Yeah. Willie Porro is the person that I would like -- Mr. Mensah: Yeah. Definitely, it fits in there -- Vice Chair Spence -Jones: -- to have you guys working -- Mr. Mensah: -- so they'll be notified, yes. Vice Chair Spence -Jones: All right, no problem. Thank you. PH.3 09-00882 RESOLUTION City ofMiami Page 16 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF NEIGHBORHOOD Development STABILIZATION PROGRAM ("NSP") FUNDS, IN THE AMOUNT OF $700,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI BUILDING DEPARTMENT, UNSAFE STRUCTURES SECTION, FOR DEMOLITION ACTIVITIES IN THE AREAS OF GREATEST NEED IDENTIFIED IN THE NSP SUBSTANTIAL AMENDMENT NO. 2008.1, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00882 Legislation.pdf 09-00882 Exhibit.pdf 09-00882 Summary Form.pdf 09-00882 Public Notice.pdf 09-00882 Pre Legislation 1 pdf 09-00882 Pre Legislation 2.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0407 Chair Sanchez: All right. Okay, so -- George Mensah (Director, Community Development): PH.3. Chair Sanchez: -- PH.3. PH.3, need a motion and a second. Commissioner Sarnoff So -- Vice Chair Spence -Jones: Motion. Chair Sanchez: Motion by the Vice Chair, second by -- Commissioner Sarnoff Second. Chair Sanchez: -- Commissioner Sarnoff. Mr. Mensah: For the record, PH.3 is just a resolution to allocate the sum of $700,000 from the NSP program, which is the Neighborhood Stabilization Program, for demolition activities to the Unsafe Structures section of the Building Department. Commissioner Gonzalez: Is this going to be citywide? Mr. Mensah: No. We will make it citywide. The initial is part of the area of greatest needs, as was approved by Commission last year. However, if we have to go outside that, we have to get permission from HUD (Department of Housing and Urban Development), and we are willing to go and get permission from HUD to go outside those areas. Commissioner Gonzalez: But the demolitions are going to be done citywide or it's going to be -- this is target to one district? Mr. Mensah: It's target to an area of greatest needs, which is mostly District 5, District 1, and some part of Disfrict 3. But, however, what I'm saying on the record is that in case we have any City ofMiami Page 17 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 other building that come from any other part of the city, we will have to go to HUD first and seek permission to be able to demolish it. Commissioner Gonzalez: The reason I'm asking you is because I've been trying to get a building demolished in Allapattah on Northwest 38 Street for three years, and the building is still there. I'm having the Police Department go to the building at least once a week, and you know, and I don't know when it's going to be demolished. Vice Chair Spence -Jones: And George, I think that one of the things I think will be very helpful - Commissioner Gonzalez: You can apply the money to that? Vice Chair Spence -Jones: -- I think what could be -- I'm sorry. Commissioner Gonzalez: Huh? Mr. Mensah: Building Department. Vice Chair Spence -Jones: Is Building here? Commissioner Gonzalez: Mariano, please go to the mike -- Vice Chair Spence -Jones: Is Building Department here? Commissioner Gonzalez: -- so you can be on the record. The problem is the Building Department? Mariano Loret de Mola (Director, Code Enforcement): The demolition is the Building Department. It's an unsafe structure demolition. It's the Building Department. Vice Chair Spence -Jones: Well, who identifies the locations? Mr. Loret de Mola: I'm sorry? Vice Chair Spence -Jones: Who identifies the locations? Like, how does CD (Community Development) get the locations? You don't get the locations? You just pay him for it? Hector Lima: Hector Lima, director of the Building Department. The locations are identified normally by the Code Enforcement inspectors that are out in the field or my inspectors who are out in the field. We go through a process, and once they are deemed that the City can go forward with the demolition is when we try to get the monies from either Budget, or in this case, we're going to fry and get it from CD. Vice Chair Spence -Jones: Okay. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: And if there are any locations -- and I think that one group that would definitely know that is the NET (Neighborhood Enhancement Team) offices as well. I mean, they know a lot of the unsafe structures, so I would suggest that both Building and CD definitely make sure -- and, of course, Code Enforcement, you're doing it everyday -- that there is some communications with all of our districts to make sure -- 'cause I know the majority of the structures are in my district, so -- but I know that there's some in Allapattah. I don't know if there's many in the other districts, butt just think that maybe one of the stops should be the NET City ofMiami Page 18 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 offices 'cause that's where you get the most complaints about these structures. Mr. Lima: You're right. I apologize. The NET office does refer a lot of those unsafes [sic] to us also. Vice Chair Spence -Jones: Okay, no problem. Sure. Mr. Loret de Mola: We do have a list -- Commissioner Gonzalez: Name. Mr. Loret de Mola: -- of all the facilities, yes. Commissioner Gonzalez: Name, name. Vice Chair Spence -Jones: Name for the record. Mr. Loret de Mola: Loret de Mola, Code Enforcement director. We do have a list of all the facilities that probably need demolition. Vice Chair Spence -Jones: Okay. Mr. Loret de Mola: And it was -- that list was built with the feedback from NET, Code Enforcement, and the Building Department, and there are about 66 that are priority in the City. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff So there's 44 more that need to go. Vice Chair Spence -Jones: Yes. Commissioner Sarnoff And is there any money left in the NSP for the other 44? Vice Chair Spence -Jones: Yeah. Commissioner Sarnoff There is? Vice Chair Spence -Jones: I mean -- Mr. Loret de Mola: The money is -- Vice Chair Spence -Jones: He said he had a lot (UNINTELLIGIBLE) -- Mr. Mensah: We have $700, 000 earmarked, and according to the Building Department, the cost is in between 8 and 10,000, so there's a lot more money -- Commissioner Sarnoff Okay. Mr. Mensah: -- to -- Vice Chair Spence -Jones: Right. Commissioner Sarnoff So it appears that all 66 will inevitably be demolished? Mr. Mensah: If they go through the process, yes. City ofMiami Page 19 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Vice Chair Spence -Jones: And how long is the process, Hector? Mr. Lima: They could be repaired also. I mean, if somebody takes the time and the money, they could be repaired, not necessarily demolished. If we have to take the action, it will be demolition. That's correct. Vice Chair Spence -Jones: You're recognized. Commissioner Gonzalez: You're finished? Commissioner Sarnoff Yeah, I'm sorry. I probably interjected. I apologize. Commissioner Gonzalez: No. You're done? Commissioner Sarnoff Yes, sir. Commissioner Gonzalez: My next question is how much money are you frying to allocate now? Mr. Mensah: We're allocating about -- approximately 700,000. Commissioner Gonzalez: Okay. How long is it going to take before we allocate the -- how much time, how much red tape, and how much whatever you want to call it it's going to take to allocate the next $700, 000? Mr. Mensah: After this Commission (UNINTELLIGIBLE) -- after the -- after it's approved, the money is available. It's $700, 000 -- Commissioner Gonzalez: Yeah, yeah, I know. But $700 -- $700, 000 is only going to cover whatever, 20 out of the 66 or -- Mr. Mensah: No. Vice Chair Spence -Jones: No, no. Commissioner Sarnoff No, no, no, no, no. Mr. Mensah: It should go a long way. Vice Chair Spence -Jones: The overall budget is that amount. Commissioner Gonzalez: Huh? Vice Chair Spence -Jones: So it's only going to take a small portion of the monies. Commissioner Sarnoff Seventy prop -- theoretically, 70 or maybe even 80 properties are available. Commissioner Gonzalez: Yeah. Commissioner Sarnoff We're only using 22. Mr. Mensah: Yeah. Commissioner Sarnoff I think your question is red tape. City ofMiami Page 20 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Vice Chair Spence -Jones: How long is that --? Commissioner Sarnoff How long is all this red tape going to take? Commissioner Gonzalez: Right. Vice Chair Spence -Jones: And I guess that's a Hector Lima question. I mean, first of all, the buildings that you guys are knocking down, is there something that we have to get from the property owners to say it's okay to -- Mr. Lima: No. Vice Chair Spence -Jones: -- or we could just knock them down? Mr. Lima: No, no. We go through a process of approximately three months where we do title searches. We notify the last known owner of records, the banks, anybody that has an interest on the property, and then we do go before a board in the County. They meet once a month. The decision is made at that time. Normally, we have a 30-day appeal period. Once we are through with that, which are most of those properties that are on that list, we have to go through a serving process because otherwise somebody with all these foreclosures and everything that's happening, title changes and names changes, the City could be liable if we don't notify everyone that is -- that has an interest on the property. Once we get that sign off from the Law Department, then we go ahead and proceed with the demolition. Vice Chair Spence -Jones: But can I ask you a question on these properties themselves? Has all of that stuff been done as of yet? So they're ready -- I mean, that's the question. Commissioner Gonzalez: That was going to be my question. Vice Chair Spence -Jones: Is everything done? Mr. Lima: We have approximately, ifI recall, on that list a good 30 properties that have gone -- Vice Chair Spence -Jones: That are ready to be knocked down right now? Mr. Lima: -- through that. The only thing that's pending is the final sign -off on service. That's the only thing that's pending. Because once we have that, a purchase order will be processed right away. Vice Chair Spence -Jones: Okay, but the property owner still owns the property? Mr. Lima: The property never changes name. Vice Chair Spence -Jones: Okay. Mr. Lima: The property remains with the owner. We put a lien on the property for all the costs that took place. Vice Chair Spence -Jones: 'Cause you mentioned earlier about the possibilities could be there to rehab or use those monies to -- all -- have all these properties been vetted already now at this point and we know that they can't -- none of these properties can be saved? Have they been vetted? Mr. Lima: It's an economic issue. I mean, if somebody feels that they can repair it, they will City ofMiami Page 21 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 repair it. The City does not repair properties. We don't repair properties. We demolish properties. Vice Chair Spence -Jones: No. The reason I asked you 'cause you -- your statement, Hector, that you made -- Mr. Lima: Well, somebody can -- might go to court, file an injunction because they want to save the property -- Vice Chair Spence -Jones: Oh, okay. Mr. Lima: -- and then we allow them to get -- Vice Chair Spence -Jones: But none of these properties -- Mr. Lima: -- permits. Vice Chair Spence -Jones: -- fall within that category? Mr. Lima: Any property could fall under that category. We have seen properties with holes in the roof where -- Vice Chair Spence -Jones: Yeah, okay. Mr. Lima: -- somebody has gone to court and gotten an injunction. Vice Chair Spence -Jones: No problem. Okay. Thank you, Hector. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: So we had a motion and a second on this item. Commissioner Gonzalez: Yes, we did. Commissioner Regalado: Just a question. Hector -- Vice Chair Spence -Jones: Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Madam Chair. How long before we can revisit a property that is abandoned to decide that it's an unsafe structure? Mr. Lima: We have a set procedure that we try to follow. There's really no timeframe. I mean, we could declare a property unsafe immediately because of a fire, you know, the deterioration factor, the percentage of deterioration of the property. But we have a process and we try to follow it, and what we do is once we go out there, we give them two weeks to -- for the first letter, which is really a warning letter, and then we follow up with a final notice thereafter and we give them normally 30 days. So you're looking at a process of about three months to go through the board and get a decision from the board. Commissioner Regalado: No, no, but I was -- what I was saying is there is a property in Shenandoah, abandoned, you know. People break in, doors broken, windows broken. Your inspector was there. It wasn't declared unsafe. Mr. Lima: Okay. City ofMiami Page 22 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 PH.4 09-00883 Department of Community Development Commissioner Regalado: However, time passes and the property is the same. People don't care. The owner is apparently -- the lady died, the sons don't want to do anything about it. But now there is a hole in the roof and the property continues to deteriorate. So my question was, how long before we can revisit the property? Mr. Lima: If -- Commissioner Regalado: I mean, if there is -- Mr. Lima: -- the property could go from good to bad the next day and we'll revisit it the next day. Now we normally give our re -inspection 30 days -- Commissioner Regalado: Okay. Mr. Lima: -- but that's just a procedural -- that doesn't have to happen. Commissioner Regalado: Okay. Thank you. Chair Sanchez: All right. Any further discussion on --I believe we're on PH3? Pamela E. Burns (Assistant City Clerk): That's correct. Chair Sanchez: All right. Have we proffered a motion and a second? Commissioner Gonzalez: Yes. Chair Sanchez: Public hearing is opened. Public hearing is closed, coming back to the Commission for discussion. Hearing no discussion on PH3, PH3 is an ordinance or --? Mr. Mensah: It's a resolution. Commissioner Gonzalez: A resolution. Chair Sanchez: Resolution. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER AN ADVERTISED PUBLIC HEARING, AUTHORIZING THE CITY MANAGER TO SUBMIT A REQUEST TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, FOR AN EXCEPTION TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROGRAM CONFLICT OF INTEREST PROVISIONS, TO ALLOW A CITY OF MIAMI EMPLOYEE TO APPLY FOR CDBG FUNDS IN THE CITY OF MIAMI DISASTER RELIEF PROGRAM, FOR THE REHABILITATION OF A RENTAL PROPERTY KNOWN AS THE LEAF, LOCATED AT 7035 NORTHEAST 4TH COURT, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 23 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 09-00883 Legislation.pdf 09-00883 Summary Form.pdf 09-00883 Public Notice.pdf 09-00883 Letter.pdf 09-00883 Conflict of Interest.pdf 09-00883 Ethics Commissioners.pdf 09-00883 Pre-Legislation.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0408 Chair Sanchez: All right. We move on to PH -- George Mensah (Director, Community Development): 4. Commissioner Gonzalez: 4. Chair Sanchez: -- 4. Mr. Mensah: Mr. Chair, PH4 is a resolution authorizing the City Manager to submit a request to HUD (Department of Housing and Urban Development) for an exception of the conflict of interest provision for a City employee who has applied to the City for a CDBG (Community Development Block Grant) disaster relief program loan. This is just a procedural matter. We're not awarding any funds at this point, but this allows us to go to HUD and ask for an exception. Chair Sanchez: All right, but this is just a procedure. In other words, he still has to qualify and meet all the regulations -- Mensah: Yes. Chair Sanchez: -- and all the requirements -- Mr. Mensah: Yes. Chair Sanchez: -- based on HUD? Mr. Mensah: Yes, Chair. Chair Sanchez: All right. Okay, we're on PH.4. It's a resolution. 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. Discussion on the item. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, it comes back to the Commission. No discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 24 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 PH.5 09-00885 Department of Community Development Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $40,000 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT- DISTRICT 2 RESERVE ACCOUNT AND $79,800 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT - DISTRICT 5 RESERVE ACCOUNT; ALLOCATING SAID FUNDS, IN THE TOTAL AMOUNT OF $119,800, TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT MICRO -ENTERPRISE ASSISTANCE PROGRAM FOR THE BUSINESSES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM, WITH SAID BUSINESSES FOR SAID PURPOSE. 09-00885 Legislation.pdf 09-00885 Exhibit 1.pdf 09-00885 Exhibit 2.pdf 09-00885 Summary Form.pdf 09-00885 Public Notice.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0409 Chair Sanchez: We move on to PH.5. PH.5 is also a resolution. Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. This is a resolution to transfer funds to Micro -Enterprise Program participants that have met their contractual obligations and that qualify for a second year grant. So we are recommending the transfer of CDBG (Community Development Block Grant) funds in the amount of 40,000 from the Disfrict 2 reserve account and in the amount of 79, 800 from the Disfrict 5 reserve account to the micro -enterprise businesses listed in AttachmentA -- Chair Sanchez: All right. Ms. Blondet: -- and for the amounts listed on that attachment also. Chair Sanchez: All right, PH.5. PH.5, is there a motion? Commissioner Sarnoff Move it. Commissioner Gonzalez: Move -- Vice Chair Spence -Jones: Second. Chair Sanchez: There's a motion by everyone and a second by everyone. There's a motion by Commissioner Sarnoff, second by the Vice Chair, just to put a name for the record. We're on PH.5. Before we open it up for discussion, it's a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. No further discussion on PH.5. It's a resolution. All in City ofMiami Page 25 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 PH.6 09-00886 Department of Community Development favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT- RECOVERY ACT FUNDS, IN THE AMOUNT OF $1,597,641; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI, CAPITAL IMPROVEMENTS PROGRAM OFFICE, FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES FOR THE RENOVATION OF ROADWAYS IN PRIMARILY RESIDENTIAL LOW TO MODERATE INCOME AREAS OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00886 Legislation.pdf 09-00886 Summary Form.pdf 09-00886 Public Notice.pdf 09-00886 Pre Legislation 1.pdf 09-00886 Pre Legislation 2.pdf 09-00886 Amendment -Annual Action.pdf 09-00886 Certifications.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0410 Chair Sanchez: PH.6. Let's get a motion and a second. George Mensah (Director, Community Development): Mr. Chairman, George Mensah. PH.6 is a resolution to allocate an amount of approximately $1.5 million to CIP (Capital Improvements Program) for street improvements. Commissioner Gonzalez: Move it. Chair Sanchez: All right. There's -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- a motion by Commissioner Gonzalez, a second by the Vice Chair. Before we open it up for discussion, public hearing. Anyone from the public wishing to address this Commission? Seeing no one, the public hearing is closed, coming back for discussion. Any discussion on this item? Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. I believe that takes care of all the public hearing. We'll go ahead and take up FR.8. City ofMiami Page 26 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Regalado: Question. Mr. Chairman, can I (UNINTELLIGIBLE)? When will we know the streets? Ola Aluko: Ola Aluko, director of Capital Improvements. Mr. -- Commissioner, actually we have given to each district office -- well, to four district offices the proposed streets. Once the funds are transferred, which has been done by this passing of the resolution today, we will meet with each individual office to review those streets and add additional streets, as the Commission office recommends. Commissioner Regalado: Right, but how do [sic] you going to divide the money? Mr. Aluko: Oh, the money is -- from my understanding from CD (Community Development), the money is already equally divided. However, we will look for streets to -- Commissioner Regalado: Okay. Mr. Aluko: -- use the money towards. Commissioner Regalado: Okay. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING SR.1 09-00499 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING Employee Relations CHAPTER 2, ARTICLE IV, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION, DEPARTMENTS," BY REPEALING CODE SECTIONS 2-581 THROUGH 2-582 IN THEIR ENTIRETY AND REPEALING SECTIONS 2-693 AND 694 IN THEIR ENTIRETY, AND SUBSTITUTING IN LIEU THEREOF A DIVISION 15, WHICH CREATES THE OFFICE OF EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS; PROVIDING FOR THE APPOINTMENT OF THE EQUAL OPPORTUNITY AND DIVERSITY PROGRAMS (EODP) ADMINISTRATOR BY THE CITY MANAGER; DESIGNATING THE EODP ADMINISTRATOR AS THE CITY'S EQUAL OPPORTUNITY OFFICER (A/K/A) AFFIRMATIVE ACTION OFFICER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00499 Legislation FR/SR.pdf 09-00499 Summary Form FR/SR.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13086 Vice Chair Spence -Jones: We're going to move on to SR.1. Commissioner Gonzalez: Did you open the public hearing? Vice Chair Spence -Jones: Can't do it until 10:30. City ofMiami Page 27 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Oh, okay. Vice Chair Spence -Jones: Okay. We're going to try to move through this agenda as quickly as possible because I know we have a long day ahead of us. Commissioner Gonzalez: Right. Vice Chair Spence -Jones: So, SR.1, anybody from the Administration? Bill Anido (Assistant City Manager): SR.1 is, of course, the second reading repealing Sections 2-581 through 2-582 and substituting in lieu thereof a Division 15, which creates the Office of Equal Opportunity and Diversity Programs -- [TECHNICAL DIFFICULTIES.] Vice Chair Spence -Jones: Okay, we're back in order. Priscilla A. Thompson (City Clerk): No. Madam Chair, if you give me a second, now the computer has to reboot. Vice Chair Spence -Jones: No problem. Ms. Thompson: Thank you. I apologize. Vice Chair Spence -Jones: No problem. Computer back up? Ms. Thompson: Just one second. Vice Chair Spence -Jones: No problem. In the meantime, I just want to make sure that all City staff is prepared to be here for their items -- Mr. Anido: Yes, very. Vice Chair Spence -Jones: -- so we can go through them. All right. Madam City Clerk, just -- Not up yet? Okay, no problem. Ms. Thompson: Vice Chair, we're just checking -- if the video's operating, then we'll be able to start. So let me just check to make sure the video is playing. All right. Vice Chair -- Vice Chair Spence -Jones: Okay. Ms. Thompson: -- the video is running, so we will have a record of the meeting, so you can -- Vice Chair Spence -Jones: No problem. Ms. Thompson: Thank you. [Later... ] Chair Sanchez: So I think the appropriate thing to do on this, it is an ordinance. We have a motion and a second. The public hearing was opened. No further discussion on SR.1. Madam Attorney, read the ordinance into the record, followed by a roll call. Ms. Bru: Okay, Mr. Chair, members of the Commission. City ofMiami Page 28 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Chair, I apologize. In the interim, I did not record your mover and seconder of that ordinance. Chair Sanchez: All right. Who was the maker of the motion on this item? Commissioner Regalado: I did. Commissioner Gonzalez: It wasn't me. Commissioner Regalado: I did move it. Ms. Thompson: So -- Commissioner Regalado: And I think -- Ms. Thompson: -- Commissioner Regalado is moving. Chair Sanchez: All right. I walked in halfway through in this item. Maybe we could get through this item. Is there a motion and a second on this item? Commissioner Regalado: I move it. Commissioner Gonzalez: Second. Chair Sanchez: Okay. Ms. Thompson: Thank you. Chair Sanchez: For the record, there is a motion by Commissioner Regalado, second by Commissioner Gonzalez. The public hearing was opened, closed; coming back for a discussion. Any discussion on this item? Commissioner Sarnoff Yes. Commissioner Gonzalez: Let me -- can I ask a question in reference to this? Chair Sanchez: Sure. Commissioner Gonzalez: How much is this going to cost? Commissioner Sarnoff Right. Commissioner Gonzalez: Because, you know, we're talking about cutting even pencils and, you know, and pads, so I want to know how much this is going to cost. Larry Spring: Commissioners, Larry Spring, chief financial officer. This move is actually budget neutral 'cause these -- the staffing in this group have always been in the City. They were under the Department of Employee Relations. They're just being moved out as a stand-alone department, simple as that. Commissioner Sarnoff No additional overhead, no nothing? Mr. Spring: No additional overhead. City ofMiami Page 29 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: All right. Ms. Thompson: Are you ready for your roll call? Chair Sanchez: All right. No -- read the ordinance into the record, followed by a roll call. Ms. Thompson: No. She -- Chair Sanchez: Roll call. Ms. Thompson: Yes. Okay, ready for your roll call. Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 09-00555 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 17, ENTITLED "ENVIRONMENTAL PRESERVATION," AND CHAPTER 54, ENTITLED "STREETS AND SIDEWALKS," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTIONS, AS STATED HEREIN, AMENDING DEFINITIONS AND CONCERNING THE ADMINISTRATION OF CONSTRUCTION AND STREET RIGHT-OF-WAY USE PERMITS ISSUED BY THE PUBLIC WORKS DEPARTMENT TO CONFORM TO NEW LAND MANAGEMENT AND ELECTRONIC PERMITTING PROCEDURES; TO FURTHER CLARIFY AND UPDATE THE EXTENT OF THE CONSTRUCTION, MAINTENANCE AND REPAIR RESPONSIBILITIES BY PROPERTY OWNERS FOR STREET IMPROVEMENTS; TO ADD DEFINITIONS; REVISING THE APPEAL PROVISION FOR PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00555 Summary Form FR/SR.pdf 7-23-09 09-00555 Legislation SR 9-10-09.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13087 Chair Sanchez: All right. We go to SR.2. Stephanie Grindell: Stephanie Grindell, director of Public Works. SR.2 is an ordinance amending Chapter 17 and 54 regarding issuance of permits for construction and the use of the public right-of-way. This is in preparation for the electronic permitting land management program that the computer department is working on. Chair Sanchez: All right. Can we get a motion on this ordinance? Commissioner Sarnoff So move. Chair Sanchez: There's a motion by Commissioner Sarnoff. Need a second. City ofMiami Page 30 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Second. Commissioner Regalado: Sec -- Chair Sanchez: Second both by Regalado and Gonzalez. Before we open it up for discussion, it's an ordinance requiring a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any further discussion on this item? If not, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 09-00890 ORDINANCE First Reading District 2- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 57 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Marc David Sarnoff ENTITLED: "VEHICLES FOR HIRE," BY CREATING A NEW ARTICLE III, ENTITLED "PEDICABS FOR HIRE", TO REGULATE PEDICABS ON THE PUBLIC STREETS AND SIDEWALKS IN THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00890 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right. We move on to FR.1. FR.1, our ordinances on first reading. Commissioner Gonzalez: FR.2. We just did FR.1, right? Stephanie Grindell (Director, Public Works): No. That was SR.2. Chair Sanchez: No, no, no, no, no, no. Commissioner Gonzalez: No? Chair Sanchez: We just finished SR.2. We are moving to -- Priscilla A. Thompson (City Clerk): F -- Chair Sanchez: Those were second reading ordinance. Now we're moving to first reading ordinances, and we're going to take up FR.1. City ofMiami Page 31 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Oh, I'm sorry. Chair Sanchez: That's okay. Ms. Grindell: FR.1 is an ordinance amending Chapter 57, creating a new article called "Pedicabs for Hire," and it's to regulate the pedicabs on the public streets. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff Oh, I'm sorry. This is just a good, clean idea in terms of obviously, no carbon footprint. These are pedal bikes that take people around on a tour. They can also be used, if you think about it, for parking; people that can park further away can come in. We had a pedicab downtown for -- about a year ago, and maybe some of you used it. It was actually kind of fun, but we had no regulation for it and it actually wasn't allowed to be done. In order for this to be cost-effective for the vendor, he's going to have to have some advertising on the back of his pedicab. So this will afford them that opportunity. Stephanie's worked this for a very long time, and I think she's satisfied with it. I hope the Administration supports it. I think it's a good idea. I think it's one of our methods of transportation that we should think about, and I think it's a great idea to maybe move people about from distant parking to more of the downtown core, so I would move FR.1. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There is a motion on FR.1 by Commissioner Sarnoff, second by the Vice Chair. Vice Chair Spence -Jones: Just have a discussion on it. Chair Sanchez: Before we open it up for discussion, anyone from the public wishing to address this item on first reading? Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission for discussion. Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Yeah. First of all, Stephanie, I just wanted to -- and I guess this is your legislation that you're expanding, Commissioner Sarnoff? Currently, do we have any pedicabs? I know -- are there none at all? Ms. Grindell: There were some for -- Chair Sanchez: There were some. Ms. Grindell: -- a time in Coconut Grove area, but I'm not sure they're still there. Vice Chair Spence -Jones: So they don't have them anymore in Co -- okay. Commissioner Sarnoff They couldn't wait. Vice Chair Spence -Jones: So this -- Oh, okay. Commissioner Sarnoff They really need the advertising. Vice Chair Spence -Jones: Okay. So this will help them underwrite some of the costs -- City ofMiami Page 32 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Ms. Grindell: Right. Vice Chair Spence -Jones: -- associated with --? Ms. Grindell: This is -- yeah. This will allow a maximum of 100 citywide -- Vice Chair Spence -Jones: Right. Ms. Grindell: -- and will allow a process for having the pedicabs with advertising or having them without advertising. Vice Chair Spence -Jones: Okay, good. No. I think it's great. I think that we do need any alternative motives [sic] of transportation, so I think that it's great. I just wanted to know if we already had 'em [sic]. Ms. Grindell: Just -- Chair Sanchez: On this -- Ms. Grindell: -- illegal ones only. Chair Sanchez: -- how are the hundred going to be selected? How's the selection process going to be determined? Ms. Grindell: It's going to be a on a first come, first serve basis. Chair Sanchez: Okay. Vice Chair Spence -Jones: So there's a process, though, right? Ms. Grindell: Yes. That's what this establishes -- Vice Chair Spence -Jones: Yeah. Ms. Grindell: -- a process for everything. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay, and the insurance, looking at it, it caught my attention, $2 million insurance. That's a bit high, but dealing with the nature that they're going to be in traffic and having people -- transporting people. But how did we come up with that number, the $2 million? Ms. Grindell: That's not a Public Works issue. That's Risk Management. Vice Chair Spence -Jones: How'd you come up with the $2 million? Risk is right here. She's right there, Larry. Okay. Larry Spring: Commissioner, Larry Spring, chieffinancial officer. Unfortunately, the development of the $2 million figure, I need to do some more research on. However, since this is first reading right now, we will continue to work with Public Works to develop an appropriate insurance level. Obviously, we need to be mindful that they are working on City streets, in traffic, in the right-of-way, so want to make sure that the insurance coverage is appropriate for doing that. Commissioner Gonzalez: But they will be required to have a $2 million insurance? City ofMiami Page 33 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Spring: I need to verify that, Commissioner. Vice Chair Spence -Jones: He just wants to -- Mr. Spring: Just -- I need to -- Vice Chair Spence -Jones: -- do it for first reading, and second reading, they'll have -- Mr. Spring: I'll have it verified by second reading. Chair Sanchez: This is first -- Commissioner Gonzalez: Because if that is the case, they're going to have to charge $100 a ride Mr. Spring: Maybe not that much. Commissioner Gonzalez: -- just to cover insurance. Commissioner Sarnoff It's true. It's -- Chair Sanchez: Well -- Commissioner Sarnoff -- a lot of money. Chair Sanchez: -- that's why I brought it up. It'll be -- Mr. Spring: Yeah. Chair Sanchez: -- it'll -- we'll have an opportunity -- we'll have a second bite at the apple -- Vice Chair Spence -Jones: Yeah. Mr. Spring: Right. Chair Sanchez: -- on second reading. Maybe we could come back and lower it to a million dollar insurance -- Mr. Spring: Right. Chair Sanchez: -- but you know, we need to have the proper recommendations from the staff. Mr. Spring: And the issue is more of protection of the -- Chair Sanchez: All right. Mr. Spring: -- people and -- Chair Sanchez: Okay, on first reading -- Mr. Spring: -- at the end of the day. Chair Sanchez: -- there was a motion and a second. It was opened to the public. It was discussed. Madam Attorney, read the ordinance into the record, followed by a roll call on first City ofMiami Page 34 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 reading. So this ordinance will be back on second reading. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.2 09-00891 ORDINANCE Office of the City Attorney First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT," BY PROVIDING NEW NOTICE REQUIREMENTS; CHANGING THE BURDEN OF PROOF TO 'CLEAR AND CONVINCING' FROM 'PREPONDERANCE OF THE EVIDENCE;' PROVIDING FOR AN INNOCENT OWNER DEFENSE; MORE PARTICULARLY BY AMENDING SECTIONS 42-120, 42-121 AND 42-122; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00891 Legislation FR/SR.pdf 09-00891 MemoFR/SR.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right, moving along to FR.2. FR.2, it's an ordinance on first reading. That's reference to police vehicle impoundment. All right, that comes to us from the City Attorney's Office. You're recognized for the record. Julie O. Bru (City Attorney): Mr. Chairman, this ordinance is being recommended by our office. This is in response to litigation that challenged the constitutionality of our vehicle impoundment ordinance. The changes that we're making to our ordinance would be then to cure the deficiencies that have been noted by the Court. And basically, what we're doing now is we're providing for a notice provision, we are changing the burden of proof and we're also adding a defense for an innocent owner. Chair Sanchez: All right. Commissioner Sarnoff Move FR.2. Chair Sanchez: All right, there's a motion by Commissioner Sarnoff -- Vice Chair Spence -Jones: Second. Chair Sanchez: -- on S -- FR.2, second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this Commission, now is the appropriate time as the public hearing is opened. Seeing no one, the public hearing is closed, coming back to the Commission for discussion. Any discussion on the item? Hearing no discussion on this item, 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 35 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.3 09-00904 ORDINANCE First Reading City Manager's (4/5THS VOTE) Office AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION," MORE PARTICULARLY BY AMENDING ARTICLE X ENTITLED "CODE ENFORCEMENT," BY INCREASING THE PENALTIES FOR VIOLATIONS OF ARTICLE 10 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00904 Legislation.pdf 09-00904 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Direction by Vice Chair Spence -Jones to the Administration to provide a report on the revenue collected from illegal billboards, and to provide said report before the second reading of this ordinance scheduled for September 24, 2009. Chair Sanchez: All right, FR.3. FR.3 is an ordinance on first reading. It requires a four fifth vote. That's -- it comes to us from the City Manager's office; that's on the billboards. You're recognized for the record. Pieter Bockweg (Assistant to Senior Director): Thank you. Pieter Bockweg, Building, Planning and Zoning. This is an ordinance allowing outdoor advertising signs to be fined up to $1, 000 a day between -- right now, the fine is 250 a day, and this will allow it to be fined up to $1, 000 a day. Chair Sanchez: All right. Is there a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. The item is open -- before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on FR.2? Vice Chair Spence -Jones: I just have a quick question, Mr. Chairman. Pieter, do you know -- I know that we have -- Priscilla A. Thompson (City Clerk): I'm sorry. Vice Chair -- thank you. Vice Chair Spence -Jones: -- I know that the revenue collected from the illegal billboards -- City ofMiami Page 36 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Your mike is not on. Vice Chair Spence -Jones: It's not? Okay. I'm sorry. Thank you. I know the revenue collected from these illegal billboards are going into the general fund, correct? Mr. Bockweg: It's my belief that it is. Vice Chair Spence -Jones: All right. Has any revenue been collected already? Of course, right? Mr. Bockweg: We have -- what -- we have, by way of the Code Enforcement inspectors and Building inspectors, reviewed all the inventory in the settlement agreements as far as which ones have been removed and which ones are illegal. Vice Chair Spence -Jones: Yeah. Mr. Bockweg: I'm reviewing most -- I've reviewed most of that, and so far, everybody is in compliance. Vice Chair Spence -Jones: Okay. And do you know -- is there a balance at all that has been collected from the illegal billboards? Mr. Bockweg: Not that I know of. Vice Chair Spence -Jones: Does anybody know how much we've collected? Bill Anido (Assistant City Manager): We'll get back to you on that. Vice Chair Spence -Jones: We don't know how much money we've collected from the illegal billboards that have been up? Okay. Mariano Loret de Mola (Director, Code Enforcement): Loret de -- Vice Chair Spence -Jones: By second reading, ifI can have that, that would be great, okay? Mr. Loret de Mola: All right. Vice Chair Spence -Jones: All right, thanks. So I believe we had a motion and a second on this item. Did we have a motion and a second? Ms. Thompson: Yes. Vice Chair Spence -Jones: All right. All in --? Commissioner Gonzalez: Roll call. Vice Chair Spence -Jones: Roll -- Commissioner Gonzalez: No, read the ordinance. Commissioner Regalado: No. I just have a question. Chair Sanchez: Item -- the item is still under discussion. Vice Chair Spence -Jones: Okay. City ofMiami Page 37 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: Any further discussion? Vice Chair Spence -Jones: Yes. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Thank you, Mr. Chair. Mariano has said here that it's impossible to make those guerilla -type advertising on the median to be fined because some of them are out of the City. So this doesn't resolve this issue. Mr. Loret de Mola: Loret de Mola, Code Enforcement director. Commissioner, in these cases, I will go for the owner of the lot or the place or the facility, and the owner will have to deal with whoever had the advertisement. Commissioner Regalado: Yeah, but how 'bout if it's in the median of the street? Mr. Loret de Mola: If it's in the where? Vice Chair Spence -Jones: He's talking -- Commissioner Sarnoff The public right-of-way. Commissioner Regalado: In the public right-of-way. Vice Chair Spence -Jones: -- about a different -- he's talking about the flyers that are being posted all over for parties and these events. Commissioner Regalado: "We sell" -- Mr. Loret de Mola: No, that -- this is not -- this basically -- Vice Chair Spence -Jones: This is a different ordinance. Mr. Loret de Mola: -- this is different -- Vice Chair Spence -Jones: It's a different ordinance. Mr. Loret de Mola: -- Commissioner. Commissioner Regalado: I'm sorry? Vice Chair Spence -Jones: These are billboards. Mr. Loret de Mola: This is different. This is geared toward the billboards. Commissioner Regalado: I understand that, but it reaches citywide, and this is for every advertisement, right? Mr. Loret de Mola: Can't apply to every advertisement because that is not -- Commissioner Regalado: Exactly. It can apply. Mr. Loret de Mola: -- a definition of billboards. City ofMiami Page 38 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Regalado: It would be up to the judgment of a Code enforcement inspector. Mr. Loret de Mola: That's correct, yeah. Commissioner Regalado: So -- Mr. Loret de Mola: The normal sign is 250 per day, okay. Commissioner Regalado: -- what I'm saying is that it would apply to every advertising. Mr. Loret de Mola: The fine. Commissioner Regalado: The fine. Okay, but we don't know if we can collect. Mr. Loret de Mola: Basically, if it is a billboard, yes, we can collect. Commissioner Regalado: No. I understand that. But this covers all advertising. Mr. Loret de Mola: Yes. Commissioner Regalado: So I understand the billboard. The billboard has a name, company, (UNINTELLIGIBLE) -- Mr. Loret de Mola: Yes. That's correct. Commissioner Regalado: -- company this -- company -- but I'm talking about a dollar store. Mr. Loret de Mola: A dollar store? Commissioner Regalado: Yeah, that says today we sell at 97 cents. Mr. Loret de Mola: And the advertisement is placed in a building? If it's placed in a building, I'll go for the owner of the building that permitted that, and I will collect my money. Commissioner Regalado: I'm just saying that this is citywide. Vice Chair Spence -Jones: Okay. Commissioner Regalado: Thank you, Mr. Chair. Chair Sanchez: All right. Any further discussion on FR.3? If not, we need the ordinance to be read into the record, followed by a roll call on first reading. Madam Attorney, read the ordinance into the record. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Chair Sanchez: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.4 09-00928 ORDINANCE First Reading City ofMiami Page 39 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION MAKING PROVISIONS Clerk FOR EARLY VOTING IN THE CITY OF MIAMI, PURSUANT TO FLORIDA STATUTE §100.3605, FOR THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009; DESIGNATING CERTAIN SITES AND TIMES FOR EARLY VOTING; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-00928 Legislation.FR/SRpdf 09-00928 Memo. FR/SRpdf 09-00928 Map FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right, moving on to FR.4. It's an ordinance also on first reading, and that is reference the early voting. Priscilla A. Thompson (City Clerk): Yes, Commissioners. This ordinance is doing nothing more than making provisions for your early voting, which will take place in the City ofMiami, along -- for the November 3 general elections. Commissioner Gonzalez: Move it. Ms. Thompson: Thank you. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. There is a motion by Commissioner Gonzalez, second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this item on first reading? Public hearing is opened; public hearing is closed, coming back to the Commission. Any further discussion from the Commission? If not, 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. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Sanchez: All right. We're going to fry to finish some of the FRs (First Readings), and then as soon as 10:30 comes around, we'll go ahead and go to the properly advertised public hearings, which were properly advertised for 10:30. FR.5 09-00909 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," MORE PARTICULARLY BY AMENDING SECTIONS 40-244 AND 40-246, TO REFLECT CHANGE IN ACTUARIAL ASSET METHOD FROM THREE YEAR ASSET SMOOTHING TO FIVE YEAR ASSET SMOOTHING WITH PARTIAL City ofMiami Page 40 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: PHASE IN; CHANGE FROM LEVEL DOLLAR TO LEVEL PERCENT OF PAY AMORTIZATION OF THE UNFUNDED ACTUARIAL ACCRUED LIABILITY; AND TO CLARIFY CHANGES IN ACTUARIAL METHODS AND ASSUMPTIONS, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00909 Legislation FR pdf 09-00909 Summary Form FR/SR.pdf 09-00909 GESE-Adjustment SR.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: All right, FR.5. FR.5 is an ordinance also on first reading. Elsa Jaramillo-Velez: Good morning, Commissioners. Elsa Jaramillo-Velez, on behalf of Employee Relations. This is an ordinance amending Chapter 40, specifically 244 and 246, and it relates to the General Employees and Sanitation Employees pension, and it's actuary recommendations that would essentially have some cost savings to the City. Chair Sanchez: All right. Sir, always a pleasure to see you here. Ron Silver: Good morning, Mr. Chairman and members of the Commission. It's a pleasure to be here. I think -- I don't have much to add. It is a savings to the City. What we're doing is smoothing out -- we're going from a three-year to a five-year smoothing out, which is a substantial savings to the City. And Mr. Spring, I believe, is in concurrence with that. He attended our meeting. Priscilla A. Thompson (City Clerk): Excuse me, Chair, before we go on, we do need a name for the record. Mr. Silver: Oh, I'm sorry. I thought I did. Again, as you know, I'm on Medicare now so I forget. Ron Silver, attorney for the City ofMiami General Employees and Sanitation Employees Retirement Trust, 407 Lincoln Road, Miami Beach. Chair Sanchez: All right, Larry. Larry Spring: Larry Spring, chief financial officer. Commissioners, this is something that we have worked with the GESE (General Employees Sanitation Employees) pension folks with over the last few months. They have adopted this change in the -- on their side. We're bringing the change -- the ordinance to the City Commission. Based on the adoption of the five-year asset averaging method, there is a -- well, there's a total savings of approximately $6.9 million of savings to the City in the upcoming fiscal year. So we are in concurrence with the ordinance being presented and the recommendation being made. Chair Sanchez: Larry, a question on this. This spreads it from three to five years, so basically, you're spreading the impact over a number of years. Mr. Spring: Yes. Chair Sanchez: Now, the $6.9 million savings that we say is a savings, really it's not a savings. It's a deferral of a payment, correct? Mr. Spring: Technically, you could say that, yes. City ofMiami Page 41 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: Tech -- well, technically -- Mr. Spring: Yes, you could say that. Chair Sanchez: -- it is not a savings. Mr. Spring: Right. It is a deferral because we're spreading -- Mr. Silver: In this year, yeah. Mr. Spring: -- the payment over a longer -- Chair Sanchez: So -- Mr. Spring: -- period of time. Chair Sanchez: -- we shouldn't be saying savings. Mr. Spring: Right. Chair Sanchez: It is not a savings. It is a deferral. Pay me now or pay me later, but you're paying the same thing. Mr. Spring: You're paying the same thing. Chair Sanchez: All right. Mr. Silver: But Mr. Chairman, in all fairness, it is a savings this year. Vice Chair Spence -Jones: Yeah. Mr. Silver: Okay, but you do -- you're right, you spread it out over the years. You're going to get hit somewhere down the road. But for this year, it is a savings of $6.9 million. Chair Sanchez: All right. Can we get a motion? Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: So move. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, hearing no one, the public hearing is closed, coming back to the Commission. Discussion on the Commission [sic]? Hearing no discussion on the item, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Chair Sanchez: We're going to go to the roll call and then we're going to allow you to close it, okay? Roll call. Ms. Thompson: Commissioner Sarnoff? City ofMiami Page 42 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Sarnoff I'm curious what Larry is going to say. Mr. Spring: Oh, no, no. It's -- Commissioner Sarnoff Oh, okay. Yes. Ms. Thompson: Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Mr. Silver: Thank you. Mr. Spring: Mr. Chair, all -- I just simply wanted to acknowledge Charlie Cox 'cause he led the way on making this happen some months ago before we even knew how difficult the budget process was going to be, so I just want to make that acknowledgment. Vice Chair Spence -Jones: Thank you, Charlie. Chair Sanchez: All right. FR.6 09-00951 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST" TO AMEND THE ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 40-191, 40-196, 40-200, 40-202, 40-203, AND 40-205; THEREBY INCREASING FIREFIGHTERS' MEMBER CONTRIBUTIONS FROM EIGHT PERCENT TO NINE PERCENT AND CHANGING FIREFIGHTERS' RULE OF 64 TO THE RULE OF 68; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00951 LegislationFR/SR.pdf 09-00951 Summary Form FR/SR.pdf 09-00951 LETTER SR pdf 09-00951 Letter FR/SR.pdf 09-00951 L etter FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 43 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to hire an expert for pension stabilization and pension plans that represents management's side of labor to do a full evaluation on the Gates case, and to the extent that they agree, that the City then proceed with all actions necessary to get clarification on the City's obligations under Gates 1 and 2. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to reconsider the previous motion made by Commissioner Sarnoff directing the City Attorney to hire an expert for pension stabilization and pension plans. A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, directing the City Attorney to retain counsel specializing in representing management and pension matters and for the City to undertake any and all legal action in law or in equity to obtain relief from the Gates judgment or to terminate the Gates judgment. Chair Sanchez: FR.6 is also on first reading. Elsa Jaramillo-Velez: FR. 6 is an ordinance, and this one is amending certain provisions of Chapter 40 of the City Code regarding the Fire and Police pension. This one in particular is regarding Section 43-11 of the collective bargaining agreement with Fire. And pursuant to that collective bargaining agreement, what's being amended here is that the Rule of 64 will become the Rule of 68, and we would go from 8 percent to 9 percent contribution. Commissioner Gonzalez: Move it. Chair Sanchez: All right. There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. Before we open it up for discussion, anyone from the public wishing to address this Commission, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. Further discussion on this? Any further discussion on this? So we have gone from 7 to 8 to 9, and we could go as high as another year, right? Ms. Jaramillo-Velez: That's correct. We recently, just two months ago --I believe it was approximately two months ago, we went ftom 7 percent to 8 percent, also pursuant to the collective bargaining agreement. Chair Sanchez: So October 2010, we would get another percent if -- Ms. Jaramillo-Velez: It depends on whether the pension is stabilized or not. Chair Sanchez: -- there's no --? We've been at pension stabilization for God knows how long now, since I've been here. Ms. Jaramillo-Velez: Right. Chair Sanchez: All right. Okay, any further discussion on the item? If not, read the ordinance into the record, followed by a roll call. Priscilla A. Thompson (City Clerk): Excuse me, Chair. According to my notes, I show that we're supposed to have a substitute in that ordinance. City ofMiami Page 44 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Ms. Jaramillo-Velez: That's correct. I apologize. This was distributed during the agenda review briefings. And it's a letter from Mike Tierney, who's right behind me. He's the City's actuary. And it's a letter dated September 3, 2009. If you want to provide a copy -- I mean, I previously provided those. Michael Tierney: Mike Tierney, City actuary. It's just a letter confirming that my opinion of the pension plan financial state is it's not stable as of currently, so the idea is to support the provisions of the collective bargaining agreement that require the actuaries to declare whether the pension plan is stable or not. The actuary for the FIPO (Firefighters Police) Board had a similar opinion, so the actuaries are in agreement. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff You're Michael Tierney? Chair Sanchez: The Michael Tierney. Mr. Tierney: Indeed. Commissioner Sarnoff Okay. I never met you before. I just asked. And Mr. Tierney, for a person that has no understanding whatsoever about pensions, what does it mean not to be stable? Mr. Tierney: Well, that is a fuzzy term, as you probably have already -- Commissioner Sarnoff I just want to be -- I just -- Mr. Tierney: -- determined. Commissioner Sarnoff -- want to have an understanding of what I'm voting for, sir. Mr. Tierney: Well, I understand. I think the idea is that stability, whatever it means, if it's agreed by the actuary, it is, and if it's not, then they get a third actuary to decide what the -- whether it's stable or not. Stability is a relative term. I think the definition in the collective bargaining agreement is more precise, not necessarily actuarial, but it's -- in the collective bargaining agreement that is that if the contribution requirements are no greater than 37 percent for the next ten years -- and that's the expectation in addition to just the current rate -- that it would be declared stable. And in the absence of that, then it would be not stable. So that's the specific bright line in the collective bargaining agreement, but conceptually, it is a fuzzy term. Commissioner Sarnoff Okay. Not that I understood very much of what you told me, so let me break it down. Are you saying that if the City -- and it is highly likely the City will not be able to obtain -- see, the way you write, I don't quite understand it 'cause you kind of use double negatives, and I don't know if you mean to be positive or if you just to maintain it as a negative. So here's what you say. "In addition, it is highly unlikely that the City will be able to obtain 'not greater than 37 percent of covered payroll' contribution in the foreseeable future." Does that mean that you're saying we will be paying more than 37 percent? Mr. Tierney: Correct. Commissioner Sarnoff Okay. And is that by definition under this agreement, an unstable agreement? City ofMiami Page 45 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Tierney: As accordance with the agreement, yes. That's correct. Commissioner Sarnoff Okay. So as a result of you now determining this is an unstable agreement, what advice are you giving to this Commission? Mr. Tierney: Well, it's not an unstable agreement. The agreement's pretty stable, actually. The issue is is if the agreement reference to stability by referencing that specific contribution requirement limit, if the limit is exceeded, then it's declared to be unstable. So it's a pretty bright line. Commissioner Sarnoff Well, can you stop there? Are you making that declaration? Mr. Tierney: Yes. Both actuaries believe the contribution requirements for the next fiscal year will be greater than 37 percent. Commissioner Sarnoff Okay. As a result of it being now declared to be unstable, what action should -- what recommendations are you making of this Commission? Mr. Tierney: The only recommendation is to follow the provisions of the collective bargaining agreement at this point. Commissioner Sarnoff Am I the only one not understanding this? Larry Spring: Maybe I'll simplify it for you, Commissioner. Larry Spring, chief financial officer. Because that goal that is in the agreement was not reached, there are several triggers that were supposed to -- we were supposed to pursue now. This ordinance is bringing back one of those triggers and putting it in the ordinance as we're supposed to. So I think the question you're asking is, well, as our actuary, what is his opinion on what we should do going out. That's the -- Vice Chair Spence -Jones: That's the question. Mr. Spring: -- better question or the clearer -- Commissioner Sarnoff So my interpretation of this -- Mr. Spring: -- outside of the agreement. Commissioner Sarnoff -- if you would stay up there, Larry -- is -- Mr. Spring: Absolutely, sir. Commissioner Sarnoff -- you're recommending to District 2 and then to the rest of the Commissioners that we go to the Rule of 68 and that Fire increase its contribution to 9 percent. Mr. Spring: That's what we agreed to in the collective bargaining -- Commissioner Sarnoff Gotcha. Mr. Spring: -- contract. Commissioner Sarnoff Now can I ask an exterior question of that? Mr. Spring: Sure. Commissioner Sarnoff Will that stabilize the agreement? City ofMiami Page 46 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: No. Mr. Spring: No. Commissioner Sarnoff Okay. Mr. Spring: Not based on where we are today, but that -- at the time we were bargaining this, that's what we agreed we would do to help reduce the -- Commissioner Sarnoff So my -- Mr. Spring: -- City's costs. Commissioner Sarnoff -- understanding and interpretation of that is based on what you knew and how you collectively bargained, that is what you bargained for to help stabilize this, this Rule of 68 and this 9 percent contribution. Fair enough? Mr. Spring: Fair enough. Commissioner Sarnoff But as a result of market conditions and other conditions exterior that you did not contemplate at the time of executing that agreement -- Mr. Spring: Right. Commissioner Sarnoff -- this will not stabilize the pension fund -- Chair Sanchez: No. Mr. Spring: No. Commissioner Sarnoff -- as that is defined under the term stabilize? Mr. Spring: In the agreement, yes. Commissioner Sarnoff Okay. So what we're doing is we're putting a very minor patch on a gaping wound? Mr. Spring: Yes. Commissioner Sarnoff Okay, just want to make sure I understand I'm not curing the patient. Mr. Spring: You're not curing the patient. Commissioner Sarnoff Okay. Mr. Spring: No, you're not. Chair Sanchez: But once again, to clarify it for the point of clarification, if there is no -- if we cannot come to an agreement on the pension stabilization, on October of 2010 there is another percent. Mr. Spring: No 20 -- not 9 -- 2010, there's -- Chair Sanchez: 2010. City ofMiami Page 47 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Spring: -- another one also. Chair Sanchez: There's another one. Mr. Spring: Yes. Chair Sanchez: And that caps it at 10 percent, which -- Mr. Spring: Yes. That would -- Chair Sanchez: -- we cannot go higher. Mr. Spring: -- cap it at 10 percent. Chair Sanchez: So it's a 9 percent,; it's a 10 percent. Mr. Spring: Right. Chair Sanchez: But the point has been made very clear that no matter what, whether we reach the 7, the 8, the 9, or the 10 percent, we're not going to be able to stabilize it. Mr. Spring: Based on where we are right now, no. Chair Sanchez: Based on the numbers. Mr. Spring: Right. Chair Sanchez: Okay. Thank you. All right, any further discussion? If not, I believe -- Commissioner Regalado. Commissioner Regalado: No, just a question. What role, Larry, is this, the market itself has in this whole issue? Mr. Spring: Commissioner, I'd say right now it's a very -- has a very acute role right now. You know, I think we've been talking about pension stabilization with the Commissioners for some years now. One of the major issues -- and I'm going to make these statements, but it's not meant to pick on anybody or the pension as it is 'cause these things were agreed to by this Admin -- the past Administration and the Commission. Structurally, the way FIPO works -- and I should clarify that -- we have a COLA (Cost of Living Adjustment) contribution that is made based on how the assets performed. I think structurally that is a bigger issue that we need to address and deal with and work through as opposed to the more acute thing that has happened now, a 30 percent drop in the market values for everybody, 'cause clearly, as of today, as of right now, that had a huge impact on why this was not achieved. Commissioner Regalado: The reason I ask is because we all know that State of Florida made a bad decision in investing a lot of money -- Mr. Spring: In Manhattan. Commissioner Regalado: -- in something that went bankrupt. So how do we know that the investments are being guided by intelligent decisions or --? Mr. Spring: Well, I'll say this about the money managers on both sides. I've sat in some meetings. I've seen how they analyze the diversification of the funds. If you look at the City ofMiami Page 48 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 performance, it's been good, and they do do things that see on other boards that -- on investment -- other investment committees that sit on where you put your money managers on watch or you terminate them, you switch them out. The City Commission, I think, via that ordinance does have the right to have a report annually and take a look at how that performance is and make recommendations to the fund. But you know, when you have a 30 percent drop in value, you have a 30 percent drop in value. Unless you're Warren Buffet or somebody, you're going to -- hopefully, you will perform as the rest of the market, your benchmark against the rest of the market. So, you know, again, what I've seen of their money managers and what the -- you know, what the funds are doing, they have general good oversight of their money managers, you know. That's almost like saying me -- CFO (Chief Financial Officer) Larry Spring versus CFO "X, " you know. We have the same background, we do the same things, butt missed this one by 5 percent and he missed it by 6 and a half. Does that make a -- is that a big difference? Commissioner Regalado: No, it's not. I just want to clarify that it's not probably about bad investment -- Mr. Spring: Right. Commissioner Regalado: -- but it's about the market trend, although the market is showing good signs now. Mr. Spring: Showing improvement, yes it is, sir. Commissioner Regalado: Okay. Mr. Spring: Not enough, though. Chair Sanchez: I would question that. I would -- Mr. Spring: It got a long ways to go. Chair Sanchez: -- but -- Commissioner Sarnoff Not only that, there's a real projection that that's going to be a drop pretty soon. Chair Sanchez: But -- Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. Go ahead. Commissioner Sarnoff You indicated two things to Commissioner Regalado, COLA contributions, 30 percent drop in the market. Any other factors? Mr. Spring: Well, obviously, the Gate settlement, which controls how the actuarial method and it controls a lot of things, the structure, so on and so forth. So obviously, that's something that needs to be addressed, the Gate settlement. Commissioner Gonzalez: That's why -- I'm sorry for -- Commissioner Sarnoff No, please. I'll yield. Chair Sanchez: You have the floor. Do you want to yield? City ofMiami Page 49 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Sarnoff Yield. Absolutely yield to Commissioner Gonzalez. Chair Sanchez: Commissioner Gonzalez, the floor is yours. Commissioner Gonzalez: But that's why I think it's so important that we finally instruct the City Attorney to go back to court and -- you know, it might take a year, it might take two, but that could be a light at the end of the tunnel, you know. Commissioner Sarnoff Well, I couldn't agree with you more. I mean, we operate under a great assumption here, and that is that something that was negotiated probably when Commissioner Gonzalez was a 30-year old man -- and I'm just taking a guess there -- is still the law in effect or is still agreement that would be binding upon a court. And all we simply need to do is ask a court is that so. And if it is so, at least we've asked and at least we have a determination from a different branch of government that this is our obligation. But if you never ask, you'll never know, and you'll continue to be -- you'll continue to operate under an assumption that this is a requirement, and you will tax the citizens under an assumption that may or may not be true. And you know, I was going to ask Larry a question about COLA, and I know it means Cost of Living Adjustment, but I thought that had something to do with Gates as well. And I don't know that we've ever factored in COLA. I know for a fact we could not have factored in COLA for many, many employees that were hired in the '80s, '90s -- maybe '95 and above we did. But what is the COLA contribution? How does that factor into this Commission's determination as to whether this is a stable pension? Mr. Spring: Well -- Commissioner Sarnoff It's a big question. Mr. Spring: It's a big question, and I know you hear reluctance in my voice 'cause I don't want to kind of dive into this, you know, kind of half-cocked, if you will. But I'll just say, again, when we're talking about FIPO -- and it was a part of the Gates settlement agreement -- the way the COLA functions, generally speaking, you know, as you have gains over the seven and three-quarters return, there -- the share on those gains at the beginning -- at the -- you know, the earlier part of those gains generally go to the COLA fund within the plan, and then the City shares in those gains as the gains get larger. And it's a issue that, again, is very important. I think it's an issue that we definitely need to address if we're going to -- as we go through the process that we've been in for a couple years now. And everybody's been working. You know, all the actuaries been working. We're trying to get there. It's -- we're just not there yet, and it's - - you know, you still have that legal -- Commissioner Sarnoff Question. Mr. Spring: -- the legal order that stands, you know. If we came to an agreement, it still would be, I got to go to court, I got to get this approved, you know. There's a class of individuals, a protected class of individuals that need to respond to that amendment to that. So, you know, there's a lot of issues, there are a lot of moving parts to this. You know, the fundamental thing that I know that we've been all trying to achieve is a stable pension plan that will be here when my son is 50 years old or 60 years old. And for all the members -- again, you know, we have to separate GESE from FIPO 'cause, you know, two different plans. They behave -- you know, they're -- they behave differently; different members, different assets, different contributions. Every -- you know, they're different. So, you know, it's just an issue we really need to work on, continue working on. We need to deal with the legal confines that we have, and it's not going to be easy. Commissioner Sarnoff Well, Commissioner Gonzalez brings something up. I mean, what will it take for this Board to visit Gates? City ofMiami Page 50 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: I think it will take, you know, a motion to direct the City Attorney to, you know, file papers in court. You're an attorney; you know legal terms a lot better than me. But if you're willing to make the motion, I'll be -- second it. Commissioner Sarnoff Let me make the motion that we hire the very best expert we can -- I don't mean this disrespectfully, Madam City Attorney -- but I mean the very best expert that exists for pension stabilization and pension plans and certainly represents management's side of labor to do a full evaluation on Gates, and to the extent that they agree, that we should then proceed with all actions necessary to get clarification on what the City's obligations are under Gates I and II. Chair Sanchez: All right. Commissioner Sarnoff has proffered a motion. The motion has been second by Commissioner Gonzalez -- Commissioner Gonzalez: I'll second the motion. Chair Sanchez: -- on directing the City Attorney to open Gates and hire the best legal representation that we can to defend our cause in court. The item is under discussion. It's a motion and a second. I just want to touch on that, and let me just say that we talked about the structure of the pension and where we're at, of FIPO. I agree FIPO and GESE are completely different. You tell me where you can have a 30 percent drop in value and still have the guarantee that someone else is going to pick up your loss. It doesn't exist. And if you look at how the structure of our pension is, it is unsustainable since day one. COLA is included, 3 percent. That's what makes it, in many ways, one element that makes it unstable and unsustainable. If you look at our pension plan, you cannot compare it to any one of them -- FIPO, once again, for the record. We should have done this a long time ago, and I think we are all to blame because there was a time where I have been here and we have talked with the unions to fry to find a solution to this. This is not new -- you know, this just didn't happen today. We knew it was there, but we have tied to find a solution to it. Pension stabilization's been going on the ten years I've been here to try to find a reasonable solution to the pension because we cannot continue to pass the burden on to the taxpayers of this city. We are going to make this city -- we're going to tax our residents into poverty to be able to sustain these pensions. There is a solution, and this is nothing against anybody. I think, look, if you have a pension and you had it, God bless you, enjoy it. There's nothing we could do to take it away, but there isn't any reason why you can't sit down with us to make sure that the future of the City, the fiscal responsibility that we all have to work together to find a solution to this. Because you know it, I know it, and they know it that this cannot continue the way that it's going. The last thing that they want to do is bankrupt this city. That's the last thing they want to do. So the time is now. We need to grab the bull by the horn, and I think this is a step in the right direction to going to court and defending and opening up Gates. That's the first step that we need to do. That's going to bring everyone to the table, believe me, my friend. That'll bring everyone to the table, and I think it's a step in the right direction. So I'm glad, and I'm here to support that resolution. At the last meeting, I said it very clearly. I directed the City Manager to look into opening up Gates and explore the possibility, but I do agree that we need to hire the best legal representation that we can when it comes to labor. So having said that, I think there is no further discussion on the motion. Commissioner Regalado: I have a question, Mr. Chairman. Chair Sanchez: Commissioner Regalado, and then we'll vote on the motion to direct the City Attorney to open up Gates. Commissioner Regalado: Right. Thank you. Madam City Attorney, well, the motion, my understanding, was for you to hire experts to analyze whether we should go to court. That's the City ofMiami Page 51 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 motion, right? Commissioner Sarnoff It is. Commissioner Regalado: The motion is not to -- for you not to go to court. So the motion -- first, you need to hire someone who would tell you this is the way to go. Is that my understanding of the motion? Ms. Bru: And I'd like some clarification. I know how to go to court and my litigators know how to go to court. What you're dealing with here really is issues of actuarial methodology, calculations, things that have been bargained for. You're dealing with the business aspect of it. You have a judgment that's in place that may or may not prevent you from doing certain things that you want to do through the collective bargaining agreement. If you would like me to look into whether or not we should -- or whether or not we could seek relief from judgment, we could seek terminating the judgment, we could seek to amend the judgment. Those are all possible legal avenues that we have available to us. But before we get there, before we go to court, you've got to know what it is that you want. And for that, you don't need an attorney. For that, you need experts in the field of pension. You need -- we do -- and by the way, we do have a very good labor counsel that has been advising us on labor issues for some time. Now if the quality of that advice is not the one that the -- that you feel has been the most beneficial to the City, I will gladly entertain anybody else. But at this point really what I'm hearing from you is that you want someone to look at where we are with respect to the business aspect of the plan, and then you want to decide whether or not we go to court to try to do something about it because just to say "Open Gates," open Gates to achieve what? What is it that you want to achieve? You want to achieve the termination of the judgment? Well, that's a clear direction that can deal with, and I can find the best attorney that is knowledgeable both in procedural in court and in pension issues. If you want to amend the judgment, then we can look at that. If you want to seek some sort of relief from the judgment, we can look at that. But -- or you can just instruct me to look at all these possible avenues -- Commissioner Sarnoff Can I clarify my motion? Ms. Bru: Yes, please. Commissioner Sarnoff I think there has to be a captain of the ship. I think management's side labor attorneys are adeptly useful and understand and even come with their own experts knowing who they wish to retain to analyze the effect of Gates and whether Gates is still effective, can be modified, amended, changed. Maybe it is exactly what it is, butl think you need a captain of the ship. And I will give you recommendations to the gold standard of management side labor relations firms that maintain an office here in Miami but effectively are Washington, D.C. lawyers. That is the gold standard, and that is who should be looking at this 'cause this is such an important role and function that will saddle our citizens potentially for the next hundred years that we need to get the best advice that exists, period. And I think what Commissioner Regalado is saying, don't just willy-nilly go to court. Please give us a report and recommendations, and then let us decide whether we wish to proceed. So that would be my motion. Commissioner Gonzalez: I believe it is a good investment in the future of the City of Miami. Commissioner Regalado: And what Commissioner Gonzalez said at the beginning is -- I think that people should know. This is not a one -month thing. This could take a year, maybe a little more to get on the -- this is federal court. But think that whatever it takes, it's important that we address this issue because, I mean, it's going to hurt -- because I was -- Larry, one last thing, the COLA. But the COLA federal term is inflation, right? City ofMiami Page 52 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Spring: Are you asking me if the legal definition of COLA is the -- Commissioner Regalado: Yes. Mr. Spring: -- inflation? Cost of Living Adjustment, yeah. So I -- Commissioner Regalado: It's inflation. Mr. Spring: Generally, yes. It's inflation. Commissioner Regalado: It's inflation. You know that -- Mr. Spring: CPI (Consumer Price Index), yeah. Commissioner Regalado: -- the Congress considers that -- Commissioner Sarnoff Mr. Manager, could we have that turned off whoever's drilling? I got to believe somebody's drilling. If they're not, we need to get out now. Commissioner Regalado: No. I mean, Congress has determined that inflation is not -- That's the guy drilling? Mr. Spring: No. Bill Anido (Assistant City Manager): We're taking care of that. Commissioner Regalado: I mean, you know, the Social Security recipients will not be getting -- Mr. Spring: Their COLA. Commissioner Regalado: -- their COLA -- Mr. Spring: Yes. Commissioner Sarnoff Right. Commissioner Regalado: -- because there is no sense that there is inflation. Mr. Spring: Right. Commissioner Regalado: So, in this case, COLA is not inflation. Mr. Spring: Correct. I mean, what happens in the pension fund is a buildup of a reserve to pay -- to make a COLA payment, make that adjustment on an annual basis to the retirees who are on these fixed incomes. In some cases, you know, just to be all out open with it, that COLA payment is, in some cases, larger than their actual pension contribution -- the pension payment for that same period of time. So it is the cost -of -living adjustment that they're getting. But when we talk about COLA in this context, we're talking about how the COLA fund within the plan is funded. Commissioner Regalado: Okay. Commissioner Sarnoff Well, I think Commissioner Regalado was saying COLA is ordinarily a CPI, Consumer Price Index. Mr. Spring: Correct. City ofMiami Page 53 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Sarnoff We all know in Miami the CPI has been jettisoning itself down simply because the cost of living for housing has been -- probably it's 40 percent reduced from where it was at its high -- Mr. Spring: Right. Commissioner Sarnoff -- some people could say even higher. So there is no CPI in Miami. Now the problem is that your COLA is probably adjusted to a national CPI. I don't know what it -- I'm sure it's stat -- I'm sure it's in the agreement. Am I wrong? Mr. Spring: Actually, I'd like the actuary to answer that question. Mr. Tierney: The COLA fund is a attempt by the plan to be able to take into account CPI adjustments and the cost of living, and it's not directly tied to it. Commissioner Sarnoff Is it a fixed number? Mr. Tierney: No. It gets its funds by agreement from excess returns and the minimum contribution, if there are no excesses. You asked a question a few minutes ago about what is the current impact of the COLA fund on the contribution requirement. The answer is there's no excess earnings -- maybe that's obvious -- but there is a minimum confribution of between four and four and a half million, so that's the answer. It's the current confribution to the COLA fund. That COLA fund is then actuarially analyzed and figured out how to have reserves and figure out how much they can pay in a cost -of -living adjustment, and it's actuarial math. It's not tied to any CPI. It's not tied to anything other than what they can afford. Commissioner Sarnoff So what does a person receive as a COLA if in fact, inflation is flat, CPI is flat? They still get a COLA, don't they? Mr. Tierney: The answer is, as a practical matter, yes. But they -- Commissioner Sarnoff So it's really not a cost -of -living adjustment. Mr. Tierney: If the reserves are not -- Commissioner Sarnoff Just called that. Mr. Tierney: -- sufficient then, theoretically, they wouldn't, but it's structured in a way that they will no matter what, yes. Commissioner Sarnoff Right. So it's not really a cost -of -living adjustment. It's just a kicker every year. Mr. Tierney: It's a kicker that was derive -- was conceptualized to be able to make some recognition of the cost -of -living increases that happen over time. That was the way -- that was the reason why it was concocted that way is to try to figure out a way without having the -- Commissioner Sarnoff But it makes an assumption that there is a cost -of -living increase every year. Mr. Tierney: You are correct. Commissioner Sarnoff There won't be one last year, there won't be one this year, and there probably won't be one the next year. City ofMiami Page 54 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Tierney: You are correct. Commissioner Sarnoff My motion stands. Chair Sanchez: All right, as stands. One thing that we could all agree that Gates is holding this city hostage and we need to break away from it. All right, so there's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, 5-0, on that motion. "[Later...]" Chair Sanchez: Madam Clerk, we have not voted on FR.6, correct? Ms. Thompson: That is correct. Chair Sanchez: But there's been a motion and a second? Ms. Thompson: Yes, sir. Chair Sanchez: All right. We are on FR.6. There's been a motion and a second. At this time, we're going to open it up to the public. Anyone from the public wishing to address this Commission on FR.6, which is an ordinance on first reading? Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on FR.6? Hearing no discussion on FR.6, 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. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0 -- Chair Sanchez: All right. FR -- Ms. Thompson: -- as modified. Chair Sanchez: -- 7, and then we'll go to the public hearing. On FR.7, I just -- Commissioner Gonzalez: Excuse me. Does that include the motion from Commissioner Sarnoff? Ms. Thompson: Oh, yes. Commissioner Sarnoff We voted on that. Chair Sanchez: Yeah. Ms. Thompson: Oh, yeah. City ofMiami Page 55 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Oh, you're going to do it now? Okay. Chair Sanchez: We voted. Commissioner Sarnoff No, we voted on it. Commissioner Gonzalez: Oh, we -- okay. All right. "[Later...]" Chair Sanchez: All right. Ladies and gentlemen, the City ofMiami Commission meeting was in recess. It is being called back to order. We have one cleanup house item that we're going to take up and then we're going to go into the properly advertised budget hearings. At this time, I believe that we'll recognize Commissioner Marc Sarnoff to -- you're going to need a motion to reconsider. Commissioner Sarnoff Yeah. Mr. Chair, I just wanted to clarify my motion, and I hope the seconder is here. And my motion was to direct the City Attorney to retain special counsel that specializes in representing management in pension matters and for the attorney to undertake any and all legal action in law or in equity to obtain either relief from the Gates judgment or to terminate the Gates judgment. And I want that to be clear that that's my motion. Chair Sanchez: All right. So we're going to need a motion to reconsider, and then we'll present that motion. So there's been a motion to reconsider, which is just a plain motion to reconsider. We need a second. Commissioner Gonzalez: I'll second the motion. Chair Sanchez: Okay, there's a second for the motion to reconsider. Ms. Thompson: If we can just get a clarification on which item that you're talking about. Commissioner Sarnoff It was the ore tenus motion that I brought that was not part of the schedule. Chair Sanchez: It was an independent motion made by the Commission -- Ms. Thompson: Just one -- I'm sorry. Just one second. Chair Sanchez: All right. Ms. Thompson: Okay. That would be FR.6, okay. Chair Sanchez: Yes. Ms. Thompson: So we're now -- Chair Sanchez: For the record. So there's a motion, a second, for the motion to reconsider. All in favor, say "aye. The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, say "nay." That motion passes. So there is no motion on the table. We need a motion on the table. City ofMiami Page 56 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Sarnoff All right. My motion is to direct the City Attorney to retain counsel specializing in representing management in pension matters and for the City to undertake any and all legal action in law or in equity to obtain relief from the Gates judgment or to terminate the Gates judgment. That is my motion. Commissioner Gonzalez: Second. Chair Sanchez: All right. The motion has been proffered by Commissioner Sarnoff. It has been second by Commissioner Gonzalez. Any discussion on the item? No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of that. FR.7 08-00687 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO AMEND AND UPDATE THE ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 40-245, 40-250,40-254, 40-255 AND 40-266; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation 9-10-09.pdf 08-00687 Summary Form 9-10-09.pdf 08-00687 Letter 1 9-10-09.pdf 08-00687 Letter 2 9-10-09.pdf 08-00687 Letter 3 9-10-09.pdf 08-00687 Retirement Trust 9-10-09.pdf 08-00687 Letter 4 9-10-09.pdf 08-00687 Letter 5 9-10-09.pdf Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Look, FR.7. Mr. City Manager, I -- well, he's not here, but you're here. I had some concerns with this. This is -- first of all, I don't think this is the timing -- the timing is right for this to be brought out for us to vote. This modifies the pension benefits (UNINTELLIGIBLE) employees. It has a fiscal impact to the City. I think it's inappropriate for us right now when we're talking about cuts and reducing salaries to have an item on this agenda that's going to give more benefits to our employees. So I am respectfully going to ask that this item be deferred from this --from the agenda, and I will -- at this time, I have passed the gavel to the Vice Chair and is -- I'm making a motion -- Vice Chair Spence -Jones: I have a motion on this item. Do we have a second? Chair Sanchez: -- to defer this item. Commissioner Sarnoff Second. City ofMiami Page 57 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Second. Vice Chair Spence -Jones: All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: All right, this item has been deferred. FR.8 09-00933 ORDINANCE First Reading Department of AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA (WITH Off -Street Parking ATTACHMENTS), SUPPLEMENTING THAT CERTAIN ORDINANCE NO. 11693 ENACTED BY THE CITY COMMISSION ON AUGUST 14, 1998, AS FURTHER AMENDED AND SUPPLEMENTED; AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $70,000,000 AGGREGATE PRINCIPAL AMOUNT OF ITS PARKING SYSTEM REVENUE AND REVENUE REFUNDING BONDS, SERIES 2009, IN ONE OR MORE SERIES TO BE ISSUED ON A TAX-EXEMPT AND/OR A TAXABLE BASIS, FOR THE PURPOSE OF REFUNDING ON A CURRENT BASIS ALL OF ITS OUTSTANDING TAX-EXEMPT VARIABLE RATE PARKING SYSTEM REVENUE REFUNDING BONDS, SERIES 2008 AND ALL OF IT'S OUTSTANDING TAXABLE VARIABLE RATE PARKING SYSTEM REVENUE REFUNDING BONDS, SERIES 2008 AND FINANCING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN PARKING FACILITIES; PROVIDING FOR THE FUNDING OF THE RESERVE ACCOUNT; PROVIDING FOR THE PAYMENT OF CERTAIN COSTS OF ISSUANCE IN CONNECTION WITH THE ISSUANCE OF THE SERIES 2009 BONDS; MAKING CERTAIN FINDINGS AND DETERMINATIONS; DELEGATING TO THE CITY MANAGER THE DETERMINATION OF CERTAIN MATTERS AND DETAILS CONCERNING THE BONDS; APPROVING THE SENDING OF A CONDITIONAL NOTICE OF REDEMPTION; AUTHORIZING THE REFUNDING OF THE SERIES 2008 BONDS; APPROVING THE SERIES 2009 PROJECT; AUTHORIZING THE TERMINATION OF THE SWAP ENTERED INTO IN CONNECTION WITH THE TAX-EXEMPT SERIES 2008 BONDS AND PROVIDING FOR PAYMENT OF ANY TERMINATION PAYMENT IN CONNECTION THEREWITH AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TERMINATION AGREEMENT; RATIFYING, CONFIRMING AND APPROVING THE SELECTION OF THE UNDERWRITERS AND LEGAL COUNSEL BY THE DEPARTMENT FOR THE BONDS; AUTHORIZING A NEGOTIATED SALE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A BOND PURCHASE AGREEMENT; APPROVING UNCERTIFICATED BOOK -ENTRY ONLY REGISTRATION OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT AND PROVIDING FOR THE SELECTION OF A FINANCIAL PRINTER THEREFOR; DESIGNATING A TRUSTEE, PAYING AGENT AND BOND REGISTRAR; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUSTEE, PAYING AGENT AND BOND REGISTRAR AGREEMENT; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF A DISCLOSURE DISSEMINATION AGENT AGREEMENT AND DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C., AS DISSEMINATION AGENT THEREUNDER; AUTHORIZING THE DIRECTOR City ofMiami Page 58 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 OF THE DEPARTMENT TO NEGOTIATE FOR AND OBTAIN A BOND INSURANCE POLICY AND/OR A RESERVE PRODUCT AND THE CITY MANAGER TO EXECUTE AND DELIVER ANY AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF THE CITY AND THE DEPARTMENT TO TAKE ALL ACTIONS DEEMED NECESSARY OR REQUIRED IN CONNECTION WITH THE ISSUANCE, SALE AND DELIVERY OF THE SERIES 2009 BONDS, THE REFUNDING OF THE SERIES 2008 BONDS AND THE TERMINATION OF THE SWAP; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. 09-00933 Memo FR/SRpdf 09-00933 Legislation.SR pdf 09-00933 Memo SR.pdf 09-00933 Legislation.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Direction from Vice Chair Spence -Jones to the Chief Executive Officer of the Miami Parking Authority to utilize individuals in the apprenticeship program of the Miami Works Program for employment opportunities during the construction of the interior of its facility next to the downtown courthouse, and to contact her office to obtain a list of individuals to be referred to the contractor. Chair Sanchez: All right. Let's move on to the public hearing, which was properly advertised at 10 -- Vice Chair Spence -Jones: No, FR.8. Chair Sanchez: -- 30. Vice Chair Spence -Jones: We got FR.8. You want to just get that out of the way? We have FR.8, the parking system revenue bonds. Let's get that out of the way, then you'll be finished with all your FR (First Reading). Chair Sanchez: FR.8. Vice Chair Spence -Jones: Art Noriega. Chair Sanchez: Well, I think -- Vice Chair Spence -Jones: It's only one item. Chair Sanchez: It's only one item, but it's an item that might take up discussion, so I -- Are they going to be -- Vice Chair Spence -Jones: Is there a lot of discussion -- Chair Sanchez: -- a lot of discussion on -- Vice Chair Spence -Jones: -- on this item? Chair Sanchez: -- this item? Is this --? City ofMiami Page 59 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Sarnoff I have some. Chair Sanchez: All right. Vice Chair Spence -Jones: Okay. Chair Sanchez: Let's hold back. Let me just try to run this agenda smoothly so we could try to have a lunch break and have some time to do some research and then come back and do the budget at 5 o'clock, which has been properly advertised at 5 o'clock. "[Later...]" Chair Sanchez: Okay, let's go. Let's take up FR.8. Art Noriega: Commissioners, Art Noriega, Miami Parking Authority. This is a first reading ordinance for a bond issue. The numerical reference in the ordinance is the not -to -exceed number of $70 million. Our intent is to actually issue this in two parts. Initially is for the new money, and then the second phase will be -- second part of the bond issue will be to buy down the existing debt that's in place now, which is inclusive of a termination amount. Total -- if we were to issue both at the same time in today's current market, it would be approximately $65 million. Our hope is that if we wait on the second piece, market conditions will sort of come back around in our favor and that termination number will be much less, and so that number will continue to sort of get bought down, and that's what we're requesting approval for. Chair Sanchez: Okay. Mr. Noriega: With me also, by the way, is our CFO (Chief Financial Officer), our financial advisor, and our disclosure counsel, if there are any questions. Chair Sanchez: All right. Let's get a motion and a second -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- for the purpose of discussion. There's a motion by the Vice Chair. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. The item is open for discussion. It is an ordinance on first reading. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. The item is open for discussion. Any discussion? All right, no discussion. It's an ordinance on first reading. Read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. This is -- Maria J Chiaro (Deputy City Attorney): And the amount stated -- Mr. Chairman, the amount stated was 70 million instead of 70,000. Julie O. Bru (City Attorney): I'm sorry. Commissioner Sarnoff Madam City Attorney, could we have waived that for you and just said City ofMiami Page 60 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 that we would interdelineate [sic] page 17 of the -- Ms. Bru: No. It has to be read. Chair Sanchez: It has to be read into the record. Ms. Bru: Right. Chair Sanchez: But don't worry. This is the only long ordinance in this agenda. Okay, the ordinance has been read into the record. It's required by Code. All right, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff I'm going to vote yes on first reading, Art, but I'm going to say something to you and that is I think a lot of your predicate is that there's going to be a rebound on some of the assets you intend on holding. I would strongly urge you to read the September 4 Kiplinger letter that talks about commercial real estate specifically in the Miami area. And I think you should maybe rethink the predicate of why you're doing this because you may want to release some assets and relieve yourself of some debt obligations. So I'll vote yes for right now, butt strongly urge you to think about that. Ms. Thompson: Continuing with your roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: I'm going to vote yes, but I do want to say, again, Commissioner Sarnoff has made his comments of things that you should definitely look at when it comes back to us the second time. But I do want to acknowledge -- when you see people running their organization right and great, you want to acknowledge how great they do it. So I do want to say this about Art, you know, and his whole team. You guys have a top-notch organization over there, and I want to at least publicly acknowledge you. You're one of the areas of city government that we're most proud of so I wanted to at least publicly acknowledge you that -- you -- publicly acknowledge you for that. Mr. Noriega: Thanks. I didn't mean to make you choke up. Chair Sanchez: Lower your rates. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes, on first reading. Ms. Thompson: The ordinance has been approved on first reading, 5-0. Chair Sanchez: All right. Commissioner Gonzalez: Mr. Chairman? Chair Sanchez: Yes, sir. You're recognized for the record. City ofMiami Page 61 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Art, I have a question. Do you finally have a tenant for the building in Allapattah or --? Mr. Noriega: We have had some discussions with a prospective tenant who's done a considerable amount of due diligence related to some costs incurred that they would have to incur to retrofit the retail. I've had some preliminary discussions with the City regarding access to some resources for them for that, but the number may not work just 'cause what they need in terms of capital input is -- I mean, almost as much as it took us to build the garage and I don't think that's going to -- Commissioner Gonzalez: How long has it been since we build that parking facility? Mr. Noriega: Two and a half years. Commissioner Gonzalez: And in two and a half years, we haven't been able to get one tenant to rent that building? Mr. Noriega: We've had some great prospective tenants. The issue has always been whether they were a right fit. And I mentioned in the past, unfortunately, because of the location and the proximity to Goodwill and the Goodwill building, I'm very concerned about who we place there as a tenant. At one point, we had Miami -Dade County Parole Office that wanted to propose putting there, and I didn't think it was an appropriate location. We had another that was a school. It's just frying to find the right particular tenant. If this scenario with this current tenant does not work out, we already have plans laid out to break the space up into smaller boxes -- Commissioner Gonzalez: Well -- Mr. Noriega: -- and lease them that way. That's our next move. Commissioner Gonzalez: -- if you remember, those were the original plans. That was what (UNINTELLIGIBLE) Valdez suggested to you and I also suggested it to you to divide the space into smaller spaces. You could have had five additional stores or seven additional stores there, maybe employing 14 or 15 or 20 people, okay. Mr. Noriega: Yeah. I -- we -- Commissioner Gonzalez: You also had Lincoln Marti that was interested in renting the place. What happened with Lincoln Marti School? Mr. Noriega: Lincoln Marti, we had a couple of brief discussions with them. We just made an internal decision that probably a school wasn't a real good fit there. That was just an internal discussion. We just -- I didn't feel like a school was a really good fit for that particular location. I don't know that in the long run it would have been a benefit to both Goodwill who gets that property back in another 15, 16 years, and so there really weren't any facilities in the immediate area for the kids themselves. I mean, it would have been an entirely internally boxed -in facility. So I mean, it was just an -- we made a judgment call. I mean -- Commissioner Gonzalez: All right. Vice Chair Spence -Jones: And Art, just in closing -- I'm sorry, Commissioner Gonzalez -- the building that you guys have by the courthouse, how are we doing with that now? I see the construction -- Mr. Noriega: Construction will be completed on the garage and probably, hopefully, have a City ofMiami Page 62 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 TCO (Temporary Certificate of Occupancy) some time in December. Vice Chair Spence -Jones: Okay. Mr. Noriega: As far as the internal build -out of our space and we have already a tenant for the top floor, a law firm, so we have about 4,000 square feet out of the 26,000 that's on the upper floor still available. We have some -- a lot of interest in the two liner floors on the second and third floor; and the retail, we've gotten a considerable amount of interest. Vice Chair Spence -Jones: Very good. Mr. Noriega: But especially the retail side, until we get -- until we got closer to construction, the retail tenants really don't want to sign anything. So we should get pretty -- a lot closer. I think the retail and the upper floor will be fully leased by the time we're ready to move. Vice Chair Spence -Jones: I would like to also recommend that, Art, as you get into the interior of the building, that, again, once again we tap into Willie Porro's group for the Miami Works program -- apprenticeship program. We need to get those young people or those people working. So -- Mr. Noriega: Okay. Vice Chair Spence -Jones: -- you know, the painting program, the plumbing, whatever we can do to keep people, you know -- keep, you know, these individuals working, I would greatly -- Mr. Noriega: All right. Vice Chair Spence -Jones: -- appreciate it. Mr. Noriega: Absolutely. Vice Chair Spence -Jones: So if you could reach out to my office, I'd like to refer some of those -- Mr. Noriega: Excellent. Vice Chair Spence -Jones: -- individuals to you. Mr. Noriega: And I'll refer them to the contractor. Vice Chair Spence -Jones: Okay, thanks. Mr. Noriega: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 09-00892 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDING, IN AN AMOUNT NOT TO EXCEED $11,086,850, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES, FOR THE COPS HIRING RECOVERY PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN City ofMiami Page 63 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT. 09-00892 Legislation.pdf 09-00892 Exhibit 1.pdf 09-00892 Exhibit 2.pdf 09-00892 Summary Form.pdf 09-00892 Letter. pdf 09-00892 Memorandum 1.pdf 09-00892 Memorandum 2.pdf 09-00892 Memorandum 3.pdf 09-00892 E-Mail.pdf 09-00892 Budgetary Impact Analisys.pdf 09-00892 Total Cost.pdf 09-00892 Cops Hiring Recovery 1.pdf 09-00892 Cops Hiring Recovery Program C.pdf 09-00892 Applicant Information.pdf 09-00892 Organization Unit.pdf 09-00892Type of Applicant.pdf 09-00892Congressional Districts. pdf 09-00892 Executive Order 12372.pdf 09-00892 Application for SF-424.pdf 09-00892 General Instructions.pdf 09-00892 General Agency Information.pdf 09-00892 CHRP PROGRAM REQUEST.pdf 09-00892 NEED FOR FEDERAL ASSISTANCE.pdf 09-00892 LAW ENFORCEMENT & COMMUNITY.pdf 09-00892 CONTINUATION OF PROJECT AFTER.pdf 09-00892 BUDGET DETAIL WORKSHEETS.pdf 09-00892 FULL TIME SWORM OFFICER INF.pdf 09-00892 SECTION 7.pdf 09-00892 BUDGET SUMMARY.pdf 09-00892 ASSURANCE.pdf 09-00892 CERTIFICATIONS.pdf 09-00892 DISCLOSURE OF LOBBYING.pdf 09-00892 REVIEW AND REPRES.pdf 09-00892 THANK YOU FOR SUBMITTING -COPS APPLICATIN.pdf 09-00892-Summary Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0411 Chair Sanchez: All right. RE.1. What we're going to do is we're going to take it 'til 12. We're going to break, be back at 2. From 2 to 5, we should be done with this agenda, and then we'll just go into the budget, okay? RE.1. [Later... Commissioner Gonzalez: Move RE.1. City ofMiami Page 64 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: Wait, wait. Hold on, hold on, hold on. You want to withdraw RE.13? Okay. So, RE.1. RE.1 is a resolution, does not require a public hearing. There's a motion on RE.1. Is there a second? Commissioner Sarnoff Second. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: There's a second for the purpose of discussion. Commissioner -- Vice Chair Spence -Jones, you're recognized for the record. Vice Chair Spence -Jones: Well, you know we never want to turn down money, chief butt just want to -- I just had one question real fast. Could you explain what the City's obligations are with respect to this grant, just so that the residents and folks listening would be clear on -- 'cause I know that -- I know we have some sort of obligation, and even though we're getting the money, we need the money, but is there an obligation so that at least it's put on the record? ChiefJohn F. Timoney (Police): That's correct. This is the old cops program revisited in a new format. As a result of -- under the old one, cities had to pay 25 percent matching fund to the 75 percent of the grant. As a result ofMayor Diaz at the US (United States) Conference ofMayors, pleading with the government, the decision was made to do a, again, four-year program, but the front load, the first three years. In other words, pay full salary and benefits for a police officer for the first three years. The obligation on the part of the City is to pick up the salary -- Chair Sanchez: The last year. Chief Timoney: -- on the fourth year. Vice Chair Spence -Jones: Okay, cool. And then, Chief after the three years, these officers are already on board at that particular time, that that -- then it becomes the City's obligation, correct? Chief Timoney: The City has an obligation for one year. Vice Chair Spence -Jones: Okay, but it's still -- we're now going to get about how many officers with the 11 million? Do you know? Chief Timoney: It depends on -- Vice Chair Spence -Jones: Or are we using this to offset, you know, something from the -- Chief Timoney: Well -- and this -- that's a decision that the Administration will make, but the way the grant is written is to hire or retain -- Vice Chair Spence -Jones: Okay. Chief Timoney: -- police officers. Vice Chair Spence -Jones: Okay, so after that, it becomes our financial obligation after the three years? Chair Sanchez: For one year. Chief Timoney: For one year. That is correct. City ofMiami Page 65 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 RE.2 09-00893 Department of Capital Improvements Program Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Any further discussion? Commissioner Regalado: Just a question. Chief-- so it's -- the grant is in three year, three install, right? Chief Timoney: That's correct. Commissioner Regalado: So you can retain or hire in the next three years -- Chief Timoney: That is correct. Commissioner Regalado: -- with the grant? Chief Timoney: Well, I mean, for argument's sake, if you were going to hire in this fiscal year, beginning October 1, that would take you for the next three fiscal years. Commissioner Regalado: The same -- Chief Timoney: The same police officers. Commissioner Regalado: -- same police officers? Chief Timoney: Right. The easy math would be if-- I believe it's 11.2 million. The cost of a police officer -- fully -loaded cost is about $86, 000. Work it out -- so divide the 11.2 by 3. That tells you you got about 3.6 million. How many 86, 000s can you get into 3.6, and that'll give you the number of police officers. Commissioner Regalado: But it's the same police officer? Chief Timoney: The same ones, exactly. Commissioner Regalado: Okay, thank you. Chair Sanchez: Any further discussion? If not, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO AMERICAN EARTH MOVERS INC., FOR THE PROJECT ENTITLED, "ADEMAR AND DAVIS CANALS MAINTENANCE DREDGING, B-50680," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $159,560, INCREASING THE CONTRACT FROM $948,444, TO $1,108,044; ALLOCATING FUNDS, FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-50680; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 66 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 09-00893 Legislation.pdf 09-00893 Exhibit.pdf 09-00893 Summary Form.pdf 09-00893 Wheel Wash Facility.pdf 09-00893 Memo.pdf 09-00893 Contract Execution Form.pdf 09-00893 Public Payment Bond.pdf 09-00893 Text File Report.pdf 09-00893 Economic Stimulus.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0412 Chair Sanchez: We move on to RE.2. Vice Chair Spence -Jones: RE. 2. Ola Aluko: Good morning. Ola Aluko, director of Capital Improvements, City ofMiami. RE.2 is a resolution to authorize an increase in the amount -- contract amount for additional work required by DERM (Department of Environmental Resources Management) for the Ademar Davis Canal. The additional increase is $159, 000. This requirement is due to additional sediment found on the ongoing consfruction. In addition to this, we're also required by DERM to add a truck tire wash facility during consfruction. Commissioner Sarnoff Move -- Chair Sanchez: All right. Commissioner Sarnoff -- it. Vice Chair Spence -Jones: Second. Chair Sanchez: There's -- we're voting on RE.2. RE.2, it's a resolution, and there's been a motion by Commissioner Sarnoff, second by the Vice Chair. The item is under discussion. Hearing no discussion, it's a resolution; does not require a public hearing. No discussion on the item. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay" Motion carries. RE.3 09-00895 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "USEPA NATIONAL CLEAN DIESEL FUNDING ASSISTANCE PROGRAM" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT AWARDED FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, IN AN AMOUNT NOT TO EXCEED $731,850, TO ACQUIRE BIODIESEL REFUSE HAULERS FOR THE CITY OF MIAMI'S ("CITY'S") BIODIESEL FLEET CONVERSION; AUTHORIZING THE CITY'S REQUIRED MATCHING FUNDS, IN THE AMOUNT OF $2,195,550, FROM CAPITAL City ofMiami Page 67 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 IMPROVEMENT PROJECT MACHINERY AND EQUIPMENT ACCOUNT NO. 39000.213000.664000.0000.00000; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-00895 Legislation.pdf 09-00895 Exhibit.pdf 09-00895 Summary Form.pdf 09-00895 Email.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be TABLED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez A motion was made by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, and was passed unanimously, with Commissioner Gonzalez absent, to defer item RE. 3 to the Commission meeting currently scheduled for September 24, 2009. Chair Sanchez: We move on to RE.3. Vice Chair Spence -Jones: RE. 3. Robert Ruano: Good morning, Commissioners. Robert Ruano, director of Grants and Sustainable Initiatives. RE.3 is establishing a special revenue project for the purchase -- accepting $731, 000 from the USEPA (United States Environmental Protection Agency) to purchase hybrid trash haulers. And there is a match of $2.1 million. Chair Sanchez: Okay. Can we get a motion and a second? Commissioner Gonzalez: And this require -- Vice Chair Spence -Jones: Second, discussion. Commissioner Gonzalez: Wait, whoa, whoa, whoa. Chair Sanchez: Well, let's discuss the item. Commissioner Gonzalez: Well, move it for discussion. Chair Sanchez: All right. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: The item has been moved. There's a motion and a second for the purpose of discussion. The motion was made by Commissioner Gonzalez, second by the Vice Chair. The item is under discussion. We are on RE. 3. Commissioner Gonzalez, you're recognized for the record. City ofMiami Page 68 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Okay, you say that we're receiving $700, 000. Mr. Ruano: Yes, sir. Commissioner Gonzalez: And our match is $2 million? Mr. Ruano: Two point one million, yes. Commissioner Gonzalez: You know, we're talking about cutting all the departments, cutting all - - cutting services, cutting -- and we're talking about spending $2 million just to have hybro [sic] trucks or whatever. Mr. Ruano: It -- well, it's actually to have frash haulers, and we were able to put it in so that if they're hybrid, we can purchase them. And ifI could just say -- Commissioner Gonzalez: You know, I do have a problem spending $2 million this morning when we're going to have to be cutting $118 million at 5 o'clock this afternoon. So I withdraw my motion. Chair Sanchez: Okay. Mr. Ruano: Can I -- Commissioner, ifI could. Vice Chair Spence -Jones: Second for discussion. I would like to hear your discussion. Mr. Ruano: From what I -- Chair Sanchez: So -- Mr. Ruano: -- understand, this is money that was from last year already -- I'm sorry. Chair Sanchez: Hold on. So right now, for clarification, there is no motion on the table. Commissioner Sarnoff I'll move it. Chair Sanchez: All right. Vice Chair Spence -Jones: And I'll have the second for discussion. Chair Sanchez: Okay, so there is a motion by Commissioner Sarnoff second by the Vice Chair. The item is back on the table. Mr. Ruano: Okay. Chair Sanchez: You may proceed. You're recognized for the record. Mario Soldevilla: Mario Soldevilla, director of Solid Waste. The -- this money is going to come from -- we've been trying to put some financing in place to purchase the trucks from several -- Vice Chair Spence -Jones: So that's the match you're using -- Mr. Soldevilla: -- months ago that we've been trying to do this. So the matching money would come from that financing once it's put in place. The idea of accepting the grant is so that we have the grant to defer the costs. And I believe that the EPA is requesting that we actually accept the grant now. So you will be -- we will be coming back with the financing for trucks. We City ofMiami Page 69 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 -- as you know, we're in dire need of equipment, and therefore, this would be a big help in assisting us to do that at much -- at a considerably lesser price. Vice Chair Spence -Jones: Mario, I just -- I wanted to just ask you one quick question. I know that there's been talk -- and I guess I saw that somewhat in the line item. I guess you're going to take the match from the existing line item that we have to purchase trucks already, so I'm assuming that's -- now that you have explained it, I kind of get -- Soldevilla: Right. Vice Chair Spence -Jones: -- what you're trying to do. We are going to be -- we have it already in the budget or had it already in the budget or budgeted it this particular point -- Soldevilla: The -- Vice Chair Spence -Jones: -- or it's been there for a while actually for you to purchase these trucks. Mr. Soldevilla: Right. Well, the -- I know the -- Vice Chair Spence -Jones: So you're just using the -- Mr. Soldevilla: -- current budget contemplates funding for equipment and this will be -- Vice Chair Spence -Jones: I got it, Mario. Mr. Soldevilla: -- that part of it. Vice Chair Spence -Jones: So you're using the existing money that's already there, but you're gaining an additional 700 -- Soldevilla: Seven hundred and thirty-one thousand dollars. Vice Chair Spence -Jones: --from this. My question, though, for you -- I know we keep talking about purchasing trucks. Mr. Soldevilla: Yes. Vice Chair Spence -Jones: Have we also considered, because of these tough times, leasing certain things? Mr. Soldevilla: We -- Vice Chair Spence -Jones: A lot of cities are moving to leasing because of you know, them being able to reduce the amount of monies they have to spend out of coffers. Have we considered that as well? Mr. Soldevilla: We haven't considered the leasing option. One of the reasons that actually we haven't in the past is that we have -- our trucks are so utilized -- Vice Chair Spence -Jones: Yes. Mr. Soldevilla: -- because we are under the number that we actually need to not only support the operation but actually to be able to give us a chance to, if there is equipment down, replace it so that it doesn't get overused. Because of not having sufficient trucks or having some trucks City ofMiami Page 70 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 down, what happens is that many routes have to be doubled up -- Vice Chair Spence -Jones: Yeah. Mr. Soldevilla: -- in order to do it, therefore, shortening the life expectancy of a truck. And for that one particular reason, we haven't looked at leasing. I think that leasing is certainly an option, you know -- Vice Chair Spence -Jones: Yeah. I'm just thinking if we're -- Mr. Soldevilla: -- that we can look at. Vice Chair Spence -Jones: -- frying to cut back on certain things -- and I know normally -- some of the -- at least cities that are doing it, when they lease, they have less obligation -- the city has less obligation because they can always take the truck back in and get another one if there's an issue. Mr. Soldevilla: True. Vice Chair Spence -Jones: So I just -- I would think that we'd want to look at that if we're going to save -- if we can save money. Mr. Soldevilla: And Commissioner, I will be very happy to explore it. I know that the vendors that we have, you know, will consider leasing. Well, you know, banks will consider leasing all the time. Vice Chair Spence -Jones: No problem. Commissioner -- Chair Sanchez: All right. Any further discussion? Commissioner Regalado. Commissioner Regalado: Thank you. So what we're doing is we're using 2.1 for the conversion of bio -- Mr. Soldevilla: Bio-diesel. Commissioner Regalado: -- of those trucks now -- Mr. Soldevilla: Right. Commissioner Regalado: -- that you have now. Mr. Soldevilla: No. This is for purchase of new trucks that will be -- that would utilize bio-diesel. Commissioner Regalado: Okay. This is has nothing to do with the 2.6 that is in next year's budget? Mr. Soldevilla: Yes, it does. In a way, it does. Commissioner Regalado: How it does? Mr. Soldevilla: The idea was -- is that -- like I said, we need equipment. Equipment is a basic necessity of the services that we provide. Commissioner Regalado: Yeah. Mario, but I just want to understand. I remember that you, City ofMiami Page 71 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 about two month [sic] ago -- Mr. Soldevilla: Two months ago. Commissioner Regalado: -- came with the idea of asking for a loan -- Mr. Soldevilla: Correct. Commissioner Regalado: -- to a bank for $6 million -- Mr. Soldevilla: Correct. Commissioner Regalado: -- to buy trucks. Then you guys decided no because it takes like nine month [sic] to get a truck deliver, something like that. Mr. Soldevilla: Yes, it does. Commissioner Regalado: Okay. So what you're saying here is that you have 2.1 on this year's budget already to buy these trucks? Mr. Soldevilla: No, that's not what we're saying. We are relying on exactly what you said right now in that we wanted to come back to the Commission with a proposal to finance the trucks that we need, okay. Obviously, that money would come from our Solid Waste fee that is charged to the residents. That's where the money will be coming from. The reason that we originally, a month or so ago, pulled the item was because we wanted to come back to you with a proposal in place versus requesting going out for financing and then coming back again with the proposal. Commissioner Regalado: So there is 2 million now, and then in the afternoon, 2.6, different money? You said it has to do -- both have to do something with it. Bill Anido (Assistant City Manager): Commissioner, maybe I can clarify. This item provides us access to the $700, 000. Commissioner Regalado: No, no, no, no. Mr. Anido: And obviously -- Commissioner Regalado: I know you're changing 2.1 for 700, 000. I know it's a good deal, though. Mr. Anido: Yeah. We need, let's say, 2.8. By this resolution, we would be able to access the 700, 000. Obviously, the Commission has the authority to either approve the -- this line item in the budget or not later on. Commissioner Regalado: But Bill, this is not about that. I just want to understand what is going on here. And Commissioner Gonzalez raise the issue. I mean, we just want to -- Mr. Soldevilla: I think I understand, Commissioner. Commissioner Regalado: -- we just want -- we need to rush into giving you 2.1 because if not, we're going to lose 700, 000. That's the equation. That's -- Mr. Soldevilla: Right, but -- Commissioner Regalado: According to mathematics, we're -- City ofMiami Page 72 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Soldevilla: -- yeah, but it's not -- Commissioner Regalado: -- on the losing side, but we don't know yet. Mr. Soldevilla: We're -- this is not -- they're not two mutually exclusive events. Actually, what this is -- what this resolution is doing is allowing us to accept the grant. Later on this afternoon, when we talk about the budget, in the budget you'll see that there are, you know, I think it's -- Commissioner Regalado: In the budget it's 2.6. That's what I -- Mr. Soldevilla: -- 2.6 million, right. Commissioner Regalado: But here it's 2.1. That's what -- that was my question. Mr. Soldevilla: Right. But with that 2.6, we can -- Commissioner Regalado: But wait a minute. Why is 2.1 here and 2.6 --? Mr. Soldevilla: Oh, because the match was a 25 percent -- a 75 percent match. In other words, the overall total amount would have been $2.9 million, of which the State would -- I mean, the -- not the State -- Commissioner Regalado: The EPA. Mr. Soldevilla: -- the EPA would give us 25 percent, which amounts to 731, 000, and we would fund the additional 2.1 million. So in total, it was 2.9 million. Commissioner Regalado: Still doesn't make sense. It's 2.6 in this afternoon budget. Mr. Soldevilla: Right, but -- Commissioner Regalado: And now 2.1 -- Mr. Soldevilla: -- you're reducing -- but you're -- but the grant reduces it fi^om 2.9 to 2.1. Commissioner Regalado: But it's 2.6. That's what I'm telling you, 2.6. Mr. Soldevilla: No, 2.6 is what's in the budget. And actually, what's in the budget for the 2.6 would be that -- to be -- to finance an even larger amount of fleet -- because this will only cover about -- probably ten (rucks. What we're proposing to -- through a financing mechanism, where we talked about the original $6 million, were 12 automated trucks, there were 13 trash trucks, there were 4 railroaders, and there were 7 cranes. So it's part of a much larger plan. This addresses one specific area. Do you understand, Commissioner? Did I make myself clear? Commissioner Regalado: No. Mr. Soldevilla: Okay. Commissioner Regalado: No. I just think that this is about you need to do this. If not, we lose a grant. And going back to Commissioner Gonzalez, I mean, this afternoon we may dismantle every department, and it is about $2 million. So I just want to -- whatever you explained, it doesn't make sense. But anyway -- Commissioner Sarnoff Could I take a shot? Could I yield -- would you yield? City ofMiami Page 73 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Regalado: Sure. Commissioner Sarnoff Can I take just --? You have a need for -- it's your wish list, I guess -- You want to say something, Larry, before I say something? Larry Spring: Commissioner, Larry Spring, chief financial officer. Last year when you guys approved the budget, you approved an increase in the solid waste fee -- in the residential solid waste fee by $40. And you mandated that that $40 only be used for capital expenditures in the Solid Waste Department. So the 2.6 million is the value of that $40 increase. We're going to buy the trucks regardless. We have this opportunity with the grant to help reduce the total cost to the City so we can leverage more. That is the basic -- Vice Chair Spence -Jones: So it's not money -- Mr. Spring: -- that's the basic example. That's the basic thing that we're doing here. In next year's budget, the $365 per household rate is what's in the budget. And following the same mandate, that $40 over two years ago will be set aside solely for capital. So the 2.6 approximately will be there in this year's budget -- in the FY (Fiscal Year) '10 budget. That's the basic, simple explanation. Chair Sanchez: All right. Did that answer your question? Commissioner Regalado: The whole -- my question was simple and it got complicated. This is exactly the amount that we're seeing in this afternoon budget, right, the 2.6? Mr. Spring: The 2.6 is the source -- Commissioner Regalado: Right. Mr. Spring: -- of this match, yes. Commissioner Regalado: Right. But actually, it's not -- Mr. Spring: Yes, it is. Commissioner Regalado: -- 2.6. It's 2.1 plus the 300 -- Mr. Spring: No, but what I'm saying is the 2.6 that's already set aside for the purchase of vehicles that this Commission mandated -- Commissioner Regalado: And my whole question was, is it different money this one than the 2.6 Vice Chair Spence -Jones: No. Commissioner Regalado: -- in the afternoon? Mr. Spring: No. Vice Chair Spence -Jones: It's the same money, Commissioner. Mr. Spring: It's the same money. Commissioner Regalado: Okay. City ofMiami Page 74 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Sarnoff So -- can I --? Vice Chair Spence -Jones: Commissioner Sarnoff. Commissioner Regalado: Sure. Commissioner Sarnoff And maybe we need to table this, but let me just take this in bite -sized chunks. You want to buy ten trucks, right? It's a yes/no question. And I know you want more than ten. Mr. Soldevilla: Yes, I want more. Commissioner Sarnoff I know you want more than ten. Mr. Soldevilla: Yes. Commissioner Sarnoff It's like a kid at Christmas, you know. You always want more than what you get. You want to buy ten trucks, but one of the ways to get the (rucks is to get a bio-diesel truck because the Feds are going to give you $731, 000 in grants. Fair? Mr. Soldevilla: Fair. Commissioner Sarnoff Okay. You saved $2.1 million from the fire fee from last year. Mr. Soldevilla: From the solid waste fee. Commissioner Sarnoff Oh, I apologize. Solid waste fee. Mr. Soldevilla: We used that last year. We proposed -- we used that money last year. When you increased the solid waste fee last year, we bought trucks last year -- Commissioner Sarnoff Okay. Mr. Soldevilla: -- which we have just received. So -- Commissioner Sarnoff So there's no savings from last year? Mr. Soldevilla: No. Commissioner Sarnoff Okay. Mr. Soldevilla: This will be new dollars. Commissioner Sarnoff So then to answer Commissioner Regalado, you're anticipating the same sanitation fee, correct? Mr. Soldevilla: Correct. Commissioner Sarnoff And all that means is you're just going into the general fund anyways because -- well, let me finish, Larry. Your -- our sanitation services cost more than we charge. Mr. Soldevilla: Yes. Commissioner Sarnoff So you're going into the general fund anyway. What you're -- City ofMiami Page 75 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Mr. Spring: Yes. But based on the legislation passed by this Commission how that money is supposed to be split up. Vice Chair Spence -Jones: Utilized, yeah. Commissioner Sarnoff Well, I'm not sure we legislated, Larry. I think we actually maybe resolved. I wouldn't call it legislated. My point is you're answering Commissioner Regalado that if you maintain the same sanitation fee next year, you'll again have $2.1 million of capital dollars. Mr. Spring: Six. Mr. Soldevilla: Six. Commissioner Sarnoff Two point six, I apologize. What -- isn't this just a card game of sorts because you're still going into the general fund to pay for the fire -- to pay for the sanitation services? You're just mandating fungible dollar here; you're setting aside 2.6 million. Mr. Spring: Yes. Commissioner Sarnoff I mean, it's all the same. So maybe the prudent thing to do -- number one, I don't want to lose this grant, but on the other hand, it may be a conversation that we have by the time we're all bloody up here around 11 o'clock tonight, that we may come up with a whole different solution for sanitation. Mr. Spring: The item could be deferred until the 24th. Commissioner Sarnoff We could table it 'til tonight, which might be the time to talk about it. Mr. Spring: Okay. We can do that. Not a problem. Commissioner Sarnoff So I'm going to move to table it for tonight. Chair Sanchez: All right. Commissioner Gonzalez: Second. Chair Sanchez: Motion to table it 'til this evening. There's a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: The item has been tabled 'til this evening. "[Later...]" Chair Sanchez: The other housecleaning item that we need to address was the motion that was proffered by Commissioner Sarnoff to table the item, which was RE.3, to the budget, which cannot happen. The appropriate thing to do would be to either one, defer the item to October and then take up this item as a discussion part of the budget process. So I -- the proper motion will be a motion to defer to October 1 meeting. Commissioner Sarnoff I'll move that. Vice Chair Spence -Jones: Second. City ofMiami Page 76 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: All right. There's a motion made by Commissioner Sarnoff, second by the Vice Chair for the purpose of clarif -- Mr. Ruano: IfI could, Commissioners. Chair Sanchez: Yes. Mr. Ruano: If -- Vice Chair Spence -Jones: Name for the record. Mr. Ruano: -- I could request -- Vice Chair Spence -Jones: Name. Mr. Ruano: Robert -- Chair Sanchez: Name and address. Mr. Ruano: -- Ruano, director of Grants & Sustainable Initiatives. If you could defer it to the September 24, at least. The October meeting would not let us -- Vice Chair Spence -Jones: Apply. Chair Sanchez: All right. Mr. Ruano: -- comply with the grant. Chair Sanchez: Okay, so -- Vice Chair Spence -Jones: Okay. Mr. Ruano: Okay. Chair Sanchez: -- we could -- the second meeting of September. Mr. Ruano: The second meeting in September, yes. Commissioner Sarnoff I change -- Chair Sanchez: All right, so -- Commissioner Sarnoff -- my motion to September 24 -- Mr. Ruano: Thank you. Chair Sanchez: All right. Commissioner Sarnoff -- second meeting in September. Chair Sanchez: So -- Vice Chair Spence -Jones: Second. City ofMiami Page 77 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 RE.4 09-00899 Department of Fire -Rescue Chair Sanchez: -- the maker of the motion and a second to defer the item to the name -- to the date proffered. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of that. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM FISCAL YEAR 2008", AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $11,271,885, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DIRECTLY TO THE STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT ACCEPTANCE OF SAID GRANT AWARD; AUTHORIZING THE EXPENDITURE OF FUNDS TO VARIOUS GOVERNMENTAL AGENCIES DESIGNATED FOR HOMELAND SECURITY EXPENSE PURSUANT TO THE UASI GRANT GUIDELINES; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE MEMORANDUM OF AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH ITS CONTIGUOUS COUNTIES, MIAMI-DADE AND MONROE, AND THE CITY OF HIALEAH, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, CONTINGENT UPON FUNDING OF SAID PROJECT BEING SECURED. 09-00899 Legislation.pdf 09-00899 Exhibit 1.pdf 09-00899 Exhibit 2.pdf 09-00899 Exhibit 3.pdf 09-00899 Exhibit 4.pdf 09-00899 Summary Form.pdf 09-00899 FUND TITLE.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0413 Chair Sanchez: All right, RE.4. We're going to go ahead and break at 12, come back at 2. From 2 to 5, we should get this agenda out of the way. We'll take a recess, and we'll come into the budget. All right. RE.4. Assistant Fire Chief Reginald Duren (Fire -Rescue): Commissioner, RE.4 is a resolution accepting $11,271,885 from the Department of Homeland Security for the fiscal year 2008 under the Urban Areas Security Initiative. The purpose of these dollars is to prevent, respond, and recover from any threats and acts of terrorism throughout our region. City ofMiami Page 78 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: All right. Commissioner Sarnoff Move it. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. Discussion on the item? We are on RE.4. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, Madam Clerk, 5-0. RE.5 09-00901 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE Commissioner ELIMINATION OF THE CAP ON THE STATE AND LOCAL HOUSING TRUST Marc David Sarnoff FUNDS AND FULL APPROPRIATION OF THE HOUSING TRUST FUNDS FOR HOUSING PROGRAMS IN FISCAL YEAR 2010-2011; URGING THE GOVERNOR AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO ADOPT STATUTORY CHANGES DURING THE 2010 SESSION TO REPEAL THE CAP; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE DESIGNATED OFFICIALS HEREIN. 09-00901 Legislation.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0414 Chair Sanchez: RE.5. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Yes, sir. Commissioner Sarnoff This is a resolution supporting the elimination of the cap of the State Local Housing Trust fund that we all commonly refer to as the Sadowski Trust fund, asking and urging the Governor and members of the Florida session to repeal the cap authorization. To Commissioner Gonzalez, to Commissioner Spence -Jones, this would facilitate a great many affordable housing projects and programs for you, and it would stop the State from balancing its budget on trust fund dollars that it has no basis upon which to balance its budget. Chair Sanchez: All right. Let's get a motion. Commissioner Gonzalez: I'll second that motion. Vice Chair Spence -Jones: Second. Chair Sanchez: All right, but just -- on -- any discussion on this item? I have a question. Didn't City ofMiami Page 79 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 they already raid those funds already in Tallahassee to meet the budget shortfall? George Mensah (Director, Community Development): Yes. They did last -- Commissioner Sarnoff Some. Mr. Mensah: -- this year, yes. Chair Sanchez: So -- Commissioner Sarnoff But the cap is what's holding it up. Mr. Mensah: Yes. Commissioner Gonzalez: The cap is -- Commissioner Sarnoff If you eliminate the cap and you start -- remember, South Florida is the biggest generator of Sadowski Trust fund dollars of anyone. And -- Mr. Mensah: That's correct. Commissioner Sarnoff -- like everything else in South Florida, we send the money north and they always take their 30 percent cut up there and they leave it up there and they send you back 60 percent of what you sent them. We're always on the losing end of everything. Chair Sanchez: Okay. Commissioner Sarnoff You know, we facilitate and we are the generator of the state and Sadowski is no different. Every transaction, every housing dollar that gets -- every time we do a sale of real estate, we send money to the Sadowski fund, and we were the biggest generators, trust me, as we all know, of transactions. The money stays there. They put a cap on it, and it didn't need a cap, and it doesn't need a cap. And sometimes there's a rainy day. And if you don't think it's raining out today, just wait ten minutes. You'll find it. Chair Sanchez: All right. Commissioner Sarnoff It's time to raid the Sadowski and bring it down. Chair Sanchez: Okay. Commissioner Gonzalez: I should add that we send them dollars and they send us pennies. Commissioner Sarnoff Right. Chair Sanchez: All right. RE.5, all in favor, say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I wanted to make sure for your record. Is the mover Commissioner Sarnoff? Chair Sanchez: Yes. Vice Chair Spence -Jones: Yes. City ofMiami Page 80 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Yes. Ms. Thompson: And the seconder, Commissioner Gonzalez? Chair Sanchez: Yes. Commissioner Gonzalez: That's correct. Ms. Thompson: Thank you. RE.6 09-00902 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE PROFESSIONAL Improvements SERVICES AGREEMENT ("PSA") WITH LEO A. DALY COMPANY, FOR Program ADDITIONAL SERVICES NECESSARY FOR THE MELREESE CLUBHOUSE AND RESTAURANT PROJECT, B-30566, IN AN AMOUNT NOT TO EXCEED $66,738, THEREBY INCREASING THE PSA FROM $595,399.74, TO A TOTAL AMOUNT NOT TO EXCEED $662,137.74; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL PROJECT NO. B-30566; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00902 Legislation.pdf 09-00902 Exhibit.pdf 09-00902 Summary Form.pdf 09-00902 Amendment No.1 .pdf 09-00902 Corporate Resolution.pdf 09-00902 Text File Report.pdf 09-00902 Table of Contents.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0415 Chair Sanchez: All right. RE.6. RE.6 -- we'll get RE. 7 out of the way -- Ola Aluko (Director, Capital Improvements): Good afternoon, Ola -- good morning -- Chair Sanchez: -- and RE.8. Mr. Aluko: -- Ola Aluko, City ofMiami Capital Improvements director. RE.6 and RE.7 are related items. RE.6 is a resolution to approve amendment number two for the professional service agreement with Leo Daly Company for additional service for the Melreese Clubhouse and Restaurant. This increase is in the amount of $66, 738, and this is to provide LEED (Leadership in Energy and Environmental Design) commissioning and also to design a LEED -- Chair Sanchez: Can I get a motion? Commissioner Sarnoff So move. Mr. Aluko: Thank you. Commissioner Gonzalez: Second. City ofMiami Page 81 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 RE.7 09-00903 Department of Capital Improvements Program Chair Sanchez: Motion by Commissioner Sarnoff second by Commissioner Gonzalez. Discussion on the item? Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." We move -- Commissioner Gonzalez: By the way, I encourage all my colleagues -- I think the ribbon -cutting is set for October 7. I encourage all of you to be there because you all are going to be very proud of your City ofMiami golf course. Commissioner Sarnoff Should we bring our clubs? Commissioner Gonzalez: Yeah, bring your clubs. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT AWARDED TO TRAN CONSTRUCTION INC., FOR ADDITIONAL WORK NECESSARY FOR THE PROJECT ENTITLED "MELREESE CLUBHOUSE AND RESTAURANT, B-30566", IN AN AMOUNT NOT TO EXCEED $619,202.58, THEREBY INCREASING THE CONTRACT FROM $3,662,148, TO A TOTAL AMOUNT NOT TO EXCEED $4,281,350.58; ALLOCATING FUNDS FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30566; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-00903 Legislation.pdf 09-00903 Exhibit.pdf 09-00903 Summary Form.pdf 09-00903 Section 6-Contract Form.pdf 09-00903 Nielson, Alter & Associates.pdf 09-00903 Power of Attorney 1.pdf 09-00903 Form of Payment Bond.pdf 09-00903 Power of Attorney 2.pdf 09-00903 Text File Report.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0416 Chair Sanchez: RE.7. Ola Aluko (Director, Capital Improvements): In continuation ofRE.6, RE.7 is a resolution to authorize the increase in contract amount for additional services for the contractor, Tran Construction. This increase is in the amount of $619, 202, to build the City's first LEED (Leadership in Energy and Environmental Design) facility, first LEED building. In addition, there was a $350, 000 appropriation from MSEA (Miami Sports and Exhibition Authority) to build out the facility, kitchen equipment, and also the shops within the facility. City ofMiami Page 82 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 RE.8 09-00911 Office of the City Attorney Commissioner Gonzalez: Move it. Chair Sanchez: Motion is -- Commissioner Sarnoff Second. Chair Sanchez: -- made by Commissioner Gonzalez, second by Commissioner Sarnoff. Discussion on the item? Hearing no discussion on the item, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, 5-0, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY ATTORNEY TO RETAIN THE LAW FIRM OF DE LA 0, MARKO, MAGOLNICK & LEYTON, TO PURSUE A LAWSUIT AGAINST CERTAIN CONSTRUCTION, ENGINEERING, AND INSURANCE COMPANIES, WITH SAID FIRM TO BE COMPENSATED ON A CONTINGENCY FEE BASIS WITH COSTS TO BE APPROPRIATED FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 09-00911 Legislation.pdf 09-00911 Memo.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones RE.9 09-00926 Department of Capital Improvements Program R-09-0417 Chair Sanchez: We move on to RE.8. Commissioner Sarnoff Move it. Commissioner Gonzalez: Second. Chair Sanchez: RE.8, there's a motion by Commissioner Sarnoff second by Commissioner Gonzalez. It's a resolution. Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS, AND DIRECTING THE PERMANENT PROHIBITION OF VEHICULAR ACCESS ALONG A PORTION OF SOUTHWEST 27 LANE, JUST EAST OF SOUTHWEST 26 AVENUE, MIAMI, FLORIDA, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR, IN THE NORTH COCONUT GROVE NEIGHBORHOOD OF THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH EXHIBIT "A", City ofMiami Page 83 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 ATTACHED AND INCORPORATED, SUBJECT TO CONDITIONS AS SET FORTH HEREIN. 09-00926 Legislation.pdf 09-00926 Exhibit.pdf 09-00926 Summary Form.pdf 09-00926 Pre-Resolution.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0418 Commissioner Sarnoff Move it. Chair Sanchez: We move on to -- Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: -- RE.9. RE.9, there's a motion by Commissioner Sarnoff, second by Vice Chair Spence -Jones. It's a resolution, RE.9. Discussion on the item? Hearing no discussion on the item, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.10 09-00952 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS,CONSISTING OF A GRANT RECEIVED FROM THE FISCAL YEAR 2009 RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AWARD, FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, IN THE AMOUNT OF $2,562,410, TO PROVIDE FUNDING TO HIRE ADDITIONAL POLICE CIVILIAN SUPPORT PERSONNEL AND PURCHASE LAPTOP COMPUTERS TO ENSURE THAT SWORN LAW ENFORCEMENT OFFICERS ARE MORE AVAILABLE ON THE STREET IN AN EFFORT TO REDUCE AND PREVENT CRIME; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. City ofMiami Page 84 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 09-00952 Legislation.pdf 09-00952 Exhibit 1.pdf 09-00952 Exhibit 2.pdf 09-00952 Exhibit 3.pdf 09-00952 Exhibit 4.pdf 09-00952 Exhibit 5.pdf 09-00952 Exhibit 6.pdf 09-00952 Exhibit 7.pdf 09-00952 Exhibit 8.pdf 09-00952 Exhibit 9.pdf 09-00952 Exhibit 10.pdf 09-00952 Exhibit 11.pdf 09-00952 Exhibit 12.pdf 09-00952 Exhibit 13.pdf 09-00952 Summary Form.pdf 09-00952 Memo.pdf 09-00952 Letter Mr. Ruano 1.pdf 09-00952 Letter Mr. Ruano 2.pdf 09-00952-Summary Fact Sheet.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0419 Chair Sanchez: RE.10. It's a resolution. Need a motion. It's coming to us from Department of Police. Commissioner Gonzalez: Move it. Commissioner Sarnoff Second. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. It's a motion by Commissioner Gonzalez. Let's put something on the record. Chief, just put something on the record. I mean, people need to know what we're voting on. Just on the item, which is -- ChiefJohn F. Timoney (Police): Yes. This is a -- ChiefJohn Timoney. Chair Sanchez: Two point five million dollar grant. Chief Timoney: Two point five million Byrne grant that has a great deal of flexibility in that it can be used over a four-year period, or a three-year period, two-year period, or a one-year period. It can be used to do new hires, both uniform and civilian. It can also be used for technology. Vice Chair Spence -Jones: Chief can I ask you a question? You said -- Chief Timoney: Yes, ma'am. Vice Chair Spence -Jones: -- for civilians. So we could do the -- support COPS (Office of Community Oriented Policing Services) to this as well? City ofMiami Page 85 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chief Timoney: I'm sorry? Vice Chair Spence -Jones: We could support COPS through something like this as well, through this grant? Chief Timoney: No, civilian hires. In other words, administrators within -- Vice Chair Spence -Jones: Oh, within the -- Chief Timoney: -- the -- you know -- Vice Chair Spence -Jones: -- department. Chief Timoney: -- civilian managers within the Police Department. Vice Chair Spence -Jones: Oh, okay. Chair Sanchez: Okay. No discussion on the item. For the record, Madam Clerk, we have a motion and a second. No discussion on the item. RE.10, all in favor, say "aye." The Commission (Collectively): Aye. Ms. Thompson: RE.9 [sic]. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.11 09-00957 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY HOLLEY RAUEN AND NIKKI HARTMAN, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $95,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED HOLLEY RAUEN AND NIKKI HARTMAN VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 06-21182-CIV-ALTONAGA, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM THE SPECIAL PAY ACCOUNT NO. 05002.301001.515000.0000.00000. 09-00957 Legislation.pdf 09-00957 Memo. 1 pdf 09-00957 Memo 2.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0420 Chair Sanchez: RE.11. Commissioner Sarnoff Move it. City ofMiami Page 86 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Gonzalez: Second. Vice Chair Spence -Jones: Second. Chair Sanchez: All right. Let's put something on the record. This comes to us from the -- Vice Chair Spence -Jones: City Attorney. Chair Sanchez: -- City Attorney. It's a settlement. Maria J Chiaro (Deputy City Attorney): This case involves a settlement of claims that came out of the FTAA (Free Trade Area of the Americas) event that was in Miami. The settlement is for $95,000. Chair Sanchez: All right. There's a motion and a second. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): No. Chair Sanchez: Madam Clerk? Ms. Thompson: Again -- and I apologize. Maybe I'm not hearing you all, but I did not record a mover and a seconder, and I apologize. Chair Sanchez: I think Marc Sarnoff made the motion and Commissioner Gonzalez, I believe, second it. Ms. Thompson: Thank you. Chair Sanchez: Okay, and we did vote on it, and it was 5-0. RE.12 09-00946 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT TO BE KNOWN AS THE ROCKERMAN CANAL SPECIAL ASSESSMENT DISTRICT; AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF FOUR (4) YEARS PURSUANT CHAPTER 170, FLORIDA STATUTES (2008); PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170 FLORIDA STATUTES. City ofMiami Page 87 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 09-00946 Legislation.pdf 09-00946 Exhibit 1.pdf 09-00946 Exhibit 2.pdf 09-00946 Exhibit 3.pdf 09-00946 Summary Form.pdf 09-00946 Manuel Alonso-Poch.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-09-0421 Chair Sanchez: All right. Let's take RE.12, and then we're going to recess for lunch. RE.12, it's a resolution. Pedro G. Hernandez (City Manager): Mr. Chair, Commissioners, RE.12 deals with the Rockerman Canal that is between Kennedy Park and a residential neighborhood to the north. It's been a persistent problem for many, many years because of the overgrowth, because of the fact that it needs to be dredged, and I believe that we have come up with a very creative solution where we're collaborating with the neighbors whose properties are along the north side of the canal. And the City and the neighbors are sharing equally on the dredging and the maintenance and the cleanup of that canal. It's a special assessment. The neighbors will pay half of it, which is 352, 000, and the City, through stormwater utility funds, will pay for the other half. Commissioner Sarnoff Move RE.12. Commissioner Gonzalez: Second. Chair Sanchez: All right. There's a motion and a second on this. This starts the process for a -- for creating a special assessment -- Mr. Hernandez: Assessment. Chair Sanchez: -- district. The purpose here is -- the vote is going to be -- is it majority or is it that everyone must sign on board? Commissioner Sarnoff Majority. Mr. Hernandez: I believe it's a majority. Chair Sanchez: Majority, so -- Mr. Hernandez: But in essence, in this case, I feel that we have or I believe that we have full cooperation. Chair Sanchez: Okay, 'cause that's -- my concern is -- and it happens -- and I'm for it, but it happens all the time. If you have to have the majority in this case, you're going to have a vote, you're going to have the majority. You're going to have some residents that may not want to participate, and this will have to come back to us at one time in the future for a vote. You're going to have some of the residents not supporting it. That may be something that could hap -- will happen. Manuel Alonso Poch: Manuel Alonso Poch -- City ofMiami Page 88 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: Yes. Mr. Poch: -- 3520 Rockerman Road, Miami, Florida. Yes. We're aware that not everybody may be in favor of it. I believe the majority of the neighbors are in favor of it. It's something that's necessary to return the navigability and the environmental conditions of the canal to where they can -- where the canal can be navigated and where, you now, you can have a healthy environment within the canal. And right now it's in such a deteriorated condition that the property values are being affected. And to that end, it is for everybody's benefit. Even though everybody may not be willing to participate, you know, everybody will benefit from the work that will be done in the canal. Chair Sanchez: It's going to be dredging, passage, to clear the navigational -- Mr. Poch: Dredging, clearing the foliage on the park side of the canal and stabilization of the shoreline -- Commissioner Sarnoff Riprap. Mr. Poch: -- which will provide riprap and will prevent future sedimentation of the canal, which is what's happened now. The canal has sedimented [sic] in and, you know, there's very little depth to the canal as a result of -- Chair Sanchez: All right. There's a motion and a second. We have discussed the item. It is a resolution. Madam Attorney, you want to add something to the record? Julie O. Bru (City Attorney): I just wanted to clarify something. This kind of special assessment doesn't require a vote of the property owners who are going to be assessed. It's imposed by the authority that you have to undertake these kinds of improvements. Chair Sanchez: So there is no vote by the --? Ms. Bru: By the property owners, no. They will have an opportunity to come before you when you sit as an equalization board and contest the amount of the assessment. But it doesn't require that they consent to the assessment. Chair Sanchez: I mean -- Mr. Poch: That's (UNINTELLIGIBLE) -- Chair Sanchez: -- listen, we have not had any conversation -- at least I haven't had any conversation with any of the property owners; you have. Mr. Poch: Yes. Chair Sanchez: Based on your recommendation here, you say the majority are in favor of it? Mr. Poch: That's what I'm saying, yes. And -- Chair Sanchez: All right. Mr. Poch: -- we will -- with the -- and everybody understands that there will be an equalization process. Not everybody will probably be assessed equally because some homeowners will benefit more than others, but I think that's going to be taken up at the equalization hearing, and I believe there will be, you know, a majority consensus of what that should be when we come before you for that. City ofMiami Page 89 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 RE.13 09-00977 City Manager's Office RE.14 09-00714 District 5- Vice Chair Michelle Spence -Jones Chair Sanchez: All right. No further discussion. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the right, say "no." Heard no one, so therefore, 4-0. I believe she didn't vote. Vice Chair did not vote. All right, City ofMiami Commission stands in recess for lunch. Well be back at 2 o'clock. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CBS SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO ALLOW FOR 1,000 FOOT SPACING FOR THE FOLLOWING THREE LOCATIONS, REQUIRING AN INITIAL AMENDED PERMIT: (A) THE FUJIMO LOCATION - 3621 NORTHEAST 1ST COURT; (B) THE OVERTOWN PLAZA LOCATION - 1490 NORTHWEST 3RD AVE.; AND (C) THE BLACK HISTORY MUSEUM LOCATION - 433 NORTHWEST 10TH STREET, MIAMI, FLORIDA; AND FURTHER AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY OF MIAMI'S INTENTION AS AGREED IN THE AMENDMENT. 09-00977 Legislation.pdf 09-00977 Exhibit.pdf 09-00977 Summary Form.pdf WITHDRAWN Bill Anido (Assistant City Manager): Mr. Chairman, we would like to withdraw RE.13 -- Chair Sanchez: Okay. Mr. Anido: -- at this time. Vice Chair Spence -Jones: Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, FOR THE PURPOSE OF THE CITY OF MIAMI TO FUND, WITH A GRANT FROM THE MEDICAL HEALTH GROUP WITH SUPPORT FROM THE NATIONAL FOOTBALL LEAGUE, IN AN AMOUNT NOT TO EXCEED $100,000, THE CONSTRUCTION/INSTALLATION OF A PLAYGROUND FOR THE LIBERTY SQUARE PUBLIC HOUSING DEVELOPMENT. 09-00714-Legislation-SUB.pdf 09-00714 Exhibit 1.pdf 09-00714 Exhibit 2.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 90 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0422 Chair Sanchez: Let's pick up the item that we left off which was RE.14. That item comes to us -- Vice Chair Spence -Jones: I think that was Liberty Square playground. Chair Sanchez: Yes, it is. Vice Chair Spence -Jones: Park? Commissioner Regalado: No, RE.13. Vice Chair Spence -Jones: RE.13 was deferred. Priscilla A. Thompson (City Clerk): It was actually withdrawn. Vice Chair Spence -Jones: Okay, withdrawn. Chair Sanchez: Whoa, whoa, whoa. Yes. For the record, 13 was withdrawn by the Administration. Commissioner Regalado: Oh, okay. Chair Sanchez: So we move on to RE.14, which is a resolution. Ernest Burkeen (Director, Parks & Recreation): Ernest Burkeen -- Chair Sanchez: That item is -- comes to us from District 5, but it's going to be presented by the Parks director. Mr. Burkeen: -- director of Parks and Recreation. This is a resolution, memorandum of understanding between the City ofMiami and Miami -Dade for the purpose of the City ofMiami to fund with a grant from -- actually, it's the Health Medical Group in conjunction with the National Football League, in an amount not to exceed $100, 000, for a playground at Liberty Square public housing development. Vice Chair Spence -Jones: Mr. Chair -- Chair Sanchez: All right. Can we get a motion on -- Vice Chair Spence -Jones: I have a motion. Chair Sanchez: -- RE.14? Motion has been proffered by the Vice Chair -- Commissioner Sarnoff Second. Chair Sanchez: -- second by Commissioner Sarnoff. Discussion on the item. Vice Chair Spence -Jones: I just want to commend our Parks director and thank him publicly for finally bringing closure to this Liberty Square Park that we've been trying to get in the heart of Liberty Square housing facility. So Mr. Burkeen was able to find a sponsor to actually put the playground in. So I'm sure the kids at Liberty Square would be very happy to have it. So I just want to tell you and the Parks Department thank you so much for your support. Now when will City ofMiami Page 91 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 the actual park -- when will all this stuff take place? Do you know? Mr. Burkeen: I don't have any idea. I'm supposed to get a call today. At some point in time, within the next week or so, I'll be able to have additional information for you. Vice Chair Spence -Jones: Okay. But is it going to happen around Super Bowl, though, right? Mr. Burkeen: Around Super Bowl. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. There's a motion and a second. No further -- Priscilla A. Thompson (City Clerk): Chair, ifI might. I'm sorry. According to my notes, I was told that there would be some sort of substitute to the resolution. Mr. Burkeen: I don't have a substitute. Julie O. Bru (City Attorney): I think the difference is there were two other entities that were going to be recognized as part of the funding, and I think the Parks director mentioned them on the record already. Vice Chair Spence -Jones: Medical Health Group, yeah. Ms. Thompson: The question for me would be is that what's listed on the resolution that went to the public or do we have a different piece of legislation for now? Ms. Bru: Right. The one that went to the public I don't believe mentioned all the entities involved that the Parks director referred to, so that would be a substitute. Ms. Thompson: So this would be a modified resolution? Ms. Bru: Yes. Ms. Thompson: Thank you. Pedro G. Hernandez (City Manager): Just for your information, in my notes I have that the Medical Health Group -- Mr. Burkeen: Yes. Mr. Hernandez: -- together with the NFL (National Football League) -- Mr. Burkeen: Correct. Mr. Hernandez: -- will be the ones supporting it. Mr. Burkeen: Correct. Chair Sanchez: Okay. As modified, I guess, Madam Clerk? Ms. Thompson: Yes, sir. Chair Sanchez: Okay. All in favor, say "aye." City ofMiami Page 92 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 RE.15 09-01000 District 3- Chair Joe Sanchez 09-01000a District 3- Chair Joe Sanchez Votes: The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE, SUBJECT TO ANY FLORIDA STATE LAW PREEMPTIONS, PROHIBITING ANY DRIVER FROM SENDING TEXT OR E-MAIL MESSAGES WHILE DRIVING IN SCHOOL ZONES, SUCH ORDINANCE TO INCLUDE PENALTIES FOR VIOLATIONS. 09-01000 Legislation.pdf 09-01000-Submittal-Commissioner Sanchez.pdf NO ACTION TAKEN ORDINANCE Non -Agenda AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER XX OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "XX", TO PROHIBIT THE ACT OF TEXTING WHILE DRIVING IN A SCHOOL ZONE; PROVIDING FOR IMPLEMENTATION OF THE PROHIBITION; PROVING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Motion by Chair Sanchez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: All right. We're down to three Commissioners. I'll pass the gavel to Commissioner Marc Sarnoff so I could present RE.15, which is a district item being presented. And I believe we have a brief presentation that we want to make. Just want to share with you a study by the Virginia Tech Transportation Institute that conducted that people who send text messages while driving are 23 times more likely to crash or be involved in an accident. These accidents or near -accidents have shown that texting takes the driver's focus away from the road for an average of 4.6 seconds as you text. I mean, all you have to do is when you text, notice that your attention is focused on the small pad and the small keyboard where you're sending your message. In January 2009, the National Safety Council called on state and federal lawmakers to ban cell phones and text messages device while driving. Well, a new poll by the AAA, which is the Triple A Foundation for Traffic Safety, show that 80 percent ofAmericans regarding [sic] texting or e-mailing (electronic) while driving as a very serious safety hazard. And I take this because I was driving home a couple of weeks ago through one of my schools in my neighborhood and I nearly saw someone strike a child -- and I mean, they really locked on their brakes. They were not speeding, but it was them not being focused on the school zone and texting in the area that nearly could have injured a child, God forbid, could have killed a child. So I am preparing this ordinance that we work with the Administration and the Legal Department, that I'd like the City Attorney to read into the record, and I would make a motion reference this ordinance. But before we do that, we want to show you a presentation, a small presentation of the importance of having this legislation, which is surely would save lives in our schools. At this point, a visual presentation was made. Chair Sanchez: This video clearly can show what could happen when people don't focus on the road and driving while using their phones. So this originally came out as a resolution. We worked with the Legal Department, and now it is an ordinance. It's in front of us, and therefore, City ofMiami Page 93 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 as the Chair of the Commission, I would proffer to make a motion to support this ordinance and hope that my colleagues support this ordinance also. So I would make a motion to approve the ordinance -- Vice Chair Spence -Jones: We have a -- Chair Sanchez: -- andl would like to have the City Attorney read the ordinance into the record. Vice Chair Spence -Jones: -- motion on the item. Do we have a second? Commissioner Sarnoff I'll second it for discussion. Vice Chair Spence -Jones: Second for discussion. So do we want to --? I guess we have to -- Chair Sanchez: Open it to the public. Vice Chair Spence -Jones: Well, we'd like to open it to the public if there's any comments on it. We'd like to bring it back to the Commission. Commissioner Sarnoff, you're recognized. Commissioner Sarnoff First off I applaud the Chair for bringing this up and actually doing something that our Legislature at Tallahassee should be doing and oftentimes doesn't do. My only question to the City Attorney is my understanding is that Florida Statute 316, et al. is a preemptive statute that does not allow local government to supplant with what drivers do and do not do behind the wheel, and I could give you the case that suggests that. I'm just curious how we can draft an ordinance that will -- that is not preempted as a result of the legislative body by Tallahassee. Julie O. Bru (City Attorney): The motor vehicle -- the State Uniform Traffic Control Act, which governs the regulation of motor vehicles on our highways, generally speaking, is an act that preempts local regulation. But we have prepared this; and between first and second, we will look at it carefully to see whether there's any ability on the part of a local government to regulate in this very specific area. Vice Chair Spence -Jones: And this is only around the schools, though, right? Chair Sanchez: But the whole thing here is really, I mean, we're going to have an opportunity first and second reading to come up with the legality of it and the argument could be made. But the most important thing is to send a clear message that the City ofMiami wants to be the first city in Florida to protect young people from -- banning them from texting while they're driving through schools zones. I think that's the important thing here, to send that clear message. Vice Chair Spence -Jones: I just want -- I have a question. How do -- People can actually text in -- I mean, I love to text, but are they texting and driving? Chair Sanchez: Just drive through our community and see people that you think it's 1 o'clock and you think -- as an experienced state trooper -- Vice Chair Spence -Jones: Yeah. Chair Sanchez: -- you know, when you -- when you're -- Vice Chair Spence -Jones: I see how they do -- talk -- Chair Sanchez: -- driving and you see somebody that you go, my goodness, that person must be very intoxicated. Well, at 1 o'clock or 2, those individuals aren't intoxicated. They're on their City ofMiami Page 94 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Blackberry, you know, texting and all over the road. So, yes -- Vice Chair Spence -Jones: Wow. Chair Sanchez: -- it is a clear violation that could cause harm to other people, and I think it's important for us to lead in that -- you know, you're absolutely right. Maybe Tallahassee should pick up the bandwagon on that and pass legislation up there. Maybe we encourage a House representative or a senator to propose a bill. But you know, we have an obligation to protect our children and protect our residents in our city. Vice Chair Spence -Jones: Okay. So we had a motion and second. All in favor? Chair Sanchez: Aye. Commissioner Sarnoff Aye. Priscilla A. Thompson (City Clerk): It's an ordinance. Vice Chair Spence -Jones: This item passes. Commissioner Sarnoff Well, it's a reso asking for an ordinance. Ms. Thompson: No. It -- Chair Sanchez: No. It's an ordinance. It was -- Vice Chair Spence -Jones: It's an ordinance. I'm sorry. Chair Sanchez: -- originally, it was a resolution, and now it's an ordinance that the -- Vice Chair Spence -Jones: It's an ordinance. Chair Sanchez: -- City Attorney has drafted. It'll come back -- ordinance come back on two readings, resolutions don't. Commissioner Sarnoff 'Cause I have a resolution here. Is it -- is there a substitution? Vice Chair Spence -Jones: I have ordinance on mine. Commissioner Sarnoff Oh, okay. Chair Sanchez: Now we could address any concerns that any Commissioners may have on second reading. Commissioner Sarnoff That's okay. I have no problem with it. Chair Sanchez: Okay. Vice Chair Spence -Jones: Already did a public hearing on it, so Madam City Attorney, can you read it into the record. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Roll call. City ofMiami Page 95 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 BC.1 08-01177 Office of the City Clerk A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Sanchez: All right. That takes care of that. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE DISTRICT 1 HOUSING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01177 memo 10-8-09.pdf NOMINATED BY: Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Angel Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.2 08-01260 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel City ofMiami Page 96 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 08-01260 memo 10-8-09.pdf 08-01260 members 10-8-09.pdf 08-01260 applications 10-8-09.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.3 09-00324 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00324 memo 10-8-09.pdf 09-00324 members 10-8-09.pdf NOMINATED BY: Chair Joe Sanchez Commissioner Angel Gonzalez Commissioner Tomas Regalado Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.4 09-00413 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00413 memo 10-9-09.pdf 09-00413 members 10-8-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 97 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 BC.5 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 10-8-09.pdf 09-00538 members 10-8-09.pdf 09-00538 applications 10-8-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones City Manager Pedro G. Hernandez Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.6 09-00593 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: 09-00593 memo 10-8-09.pdf 09-00593 members 10-8-09.pdf Commissioner Tomas Regalado Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.7 09-00660 Office of the City Clerk 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. City ofMiami Page 98 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 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) (for an unexpired term ending 7/9/10) 09-00660 memo 10-8-09.pdf 09-00660 members 10-8-09.pdf NOMINATED BY: Commissioner Angel Gonzalez Commissioner Tomas Regalado Mayor Manuel Diaz Mayor Manuel Diaz Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.8 09-00667 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00667 memo 10-8-09.pdf 09-00667 members 10-8-09.pdf 09-00667 resumes 10-8-09.pdf NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.9 09-00705 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 99 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 APPOINTEES: 09-00705 memo 10-8-09.pdf 09-00705 members 10-8-09.pdf NOMINATED BY: Chair Joe Sanchez Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Tomas Regalado Mayor Manuel A. Diaz Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.10 09-00865 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: Vice -Chair Michelle Spence -Jones Commissioner Angel Gonzalez Mayor Manuel A. Diaz Pedro G. Hernandez (Voting Member) Pedro G. Hernandez (Ex-Officio Non Voting Youth Member) 09-00865 memo 10-8-09.pdf 09-00865 members 10-8-09.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 100 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 BC.11 09-00866 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00866 memo 10-8-09.pdf 09-00866 members 10-8-09.pdf NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Tomas Regalado Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.12 09-00867 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00867 memo 10-8-09.pdf 09-00867 members 10-8-09.pdf 09-00867 applications 10-8-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez City ofMiami Page 101 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 BC.13 09-00868 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORY: (Landscape Architect) (Architectural Historian) (Alternate) 09-00868 memo 10-8-09.pdf 09-00868 members 10-8-09.pdf 09-00868 applications 10-8-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.14 09-00869 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: (for an unexpired term ending 5/13/12) Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commission -at -Large (Alternate -at -Large) (for an unexpired term ending 9/10/11) 09-00869 memo 10-8-09.pdf 09-00869 members 10-8-09.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. City ofMiami Page 102 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.15 09-00870 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-00870 memo 10-8-09.pdf 09-00870 members 10-8-09.pdf NOMINATED BY: Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commissioner Marc David Sarnoff Commissioner Tomas Regalado Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez BC.16 09-00871 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chair Joe Sanchez Vice Chair Michelle Spence -Jones Commissioner Angel Gonzalez Commissioner Marc David Sarnoff Commission -at -Large Commission -at -Large Commission -at -Large City ofMiami Page 103 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Votes: Mayor Manuel A. Diaz 09-00871 memo 10-8-09.pdf 09-00871 members 10-8-09.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Regalado, that this matter be CONTINUED PASSED by the following vote. Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez END OF BOARDS AND COMMITTEES Chair Sanchez: I think we could all agree that we could go ahead and defer all the appointments to the boards. Vice Chair Spence -Jones: Yes. Chair Sanchez: Can we do that? Vice Chair Spence -Jones: Yes, we can. Chair Sanchez: Okay, so need a motion to defer the board -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- and committees. Motion has -- Commissioner Regalado: Second. Chair Sanchez: -- been made by the Vice Chair, second by Commissioner Regalado. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." That takes care of the board and committees and housekeeping. PART B PZ.1 09-00874zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 10, SECTION 10.1, ENTITLED "PURPOSE OF SIGN REGULATIONS; APPLICABILITY; CRITERIA", BY ADDING A NEW SECTION 10.1.8 TO CLARIFY THE INTENT OF THE CITY OF MIAMI TO OPT OUT OF CHAPTER 33, ARTICLE VI, DIVISION 5 OF THE MIAMI-DADE COUNTY CODE OF ORDINANCES ENTITLED "COMMERCIAL SIGNS ON EXPRESSWAY RIGHT-OF-WAY," IN ACCORDANCE WITH SECTION 33-121.11 THEREOF, SPECIFICALLY REGARDING SIGNS IN PROXIMITY TO EXPRESSWAYS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 104 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 09-00874zt PAB Reso.pdf 09-00874zt Legislation CC (Version 3).pdf 09-00874zt CC SR 09-24-09 Fact Sheet.pdf LOCATION: Citywide APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Pending recommendation on September 2, 2009. PURPOSE: This will clarify the intent of the City of Miami to opt out of Chapter 33, Article VI, Division 5 of the Miami -Dade County Code of Ordinances entitled "Commercial Signs on Expressway Right -of -Way," in accordance with Section 33-121.11 thereof. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Direction by Commissioner Sarnoff to the Administration to meet with Assistant City Attorney Warren Bittner before second reading and to work out any issues that may exist. Chair Sanchez: We'll move on to -- well, we have one PZ (Planning & Zoning) item. Pedro G. Hernandez (City Manager): Yes. Vice Chair Spence -Jones: Okay. Chair Sanchez: Why don't we take that one up, if it's okay with --? Pieter Bockweg (Assistant to Senior Director): Good afternoon. Pieter Bockweg, Building, Planning and Zoning. This is an ordinance allowing the City ofMiami to opt out of the County's commercial signs on expressways regulations. It's important to note that we've actually been regulating our commercial signs, meaning billboards, since the 1990s and have done so also by way of our three settlement agreements with Carter, Clear Channel, and CBS (Colombia Broadcasting System). Just -- this is just basically a formality 'cause we've been doing it for some time now. Chair Sanchez: All right. Vice Chair Spence -Jones: Public hearing. Chair Sanchez: It is a PZ item. It's an ordinance on first reading, and we require two readings. What we need now is either a motion for up or down so we could open it up to the public and then debate it or discuss it. All right. Is there a motion? Commissioner Sarnoff So move. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? City ofMiami Page 105 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Before we open it up for discussion, it is a public hearing. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing no one, the public hearing is closed; come back to the Commission for discussion. Any discussion on PZ.1, which is an ordinance on first reading? All right. Commissioner Sarnoff Well, let me just say this. On sec -- by the time it comes back to second reading, I would hope that the Administration could sit down with Warren Bittner and work out any issues that may exist. I don't want to put too much on the record 'cause this could very well go to litigation, so why don't you just do that? Mr. Bockweg: We will. Mr. Hernandez: We will do -- Chair Sanchez: All right. Mr. Hernandez: -- will do, Commissioners. Commissioner Sarnoff Pardon? Chair Sanchez: I -- Mr. Hernandez: We will do. Commissioner Sarnoff Okay. Mr. Hernandez: Yes. Chair Sanchez: -- tend to agree with the Commissioner on that, so hopefully, by second reading, we should have more on the issue. So we're voting on the item on first reading. It is an ordinance. We had a motion and a second. Mr. City Attorney, read the ordinance into the record, followed by a roll call on first reading. The Ordinance was read by title into the public record by Assistant City Attorney Warren Bittner. Priscilla A. Thompson (City Clerk): The 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. END OF PLANNING AND ZONING ITEM MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS City ofMiami Page 106 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-00908 DISCUSSION ITEM DISCUSSION REGARDING ROYAL PALM TREES AND OTHER EXISTING TREES ON BISCAYNE BOULEVARD. DISCUSSION CONCERNING FLORIDA DEPARTMENT OF TRANSPORTATION'S ALLEGED GOAL TO REMOVE OR RELOCATE ROYAL PALM TREES FROM BISCAYNE BOULEVARD BETWEEN NE 15TH STREET AND NE 38TH STREET. IS THIS TRUE? IF YES, CAN A SOLUTION BE FOUND? IN ADDITION, THE MORNINGSIDE CIVIC ASSOCIATION (MCA) HAS REQUESTED SCENIC CORRIDOR STATUS FOR BISCAYNE BOULEVARD. WHAT IS THE STATUS OF THIS REQUEST? TIMELINE? 09-00908 Email.pdf 09-00908-Email-City Manager.pdf 09-00908-Submittal-Memo-City Manager.pdf 09-00908-Summary Report.pdf DISCUSSED Direction by Commissioner Sarnoff to the Administration to expeditiously bring forth all efforts necessary to declare the Biscayne Blvd. area as a scenic corridor. Direction by Commissioner Sarnoff to the Administration that following a decision made by the Planning Advisory Board, that this matter be brought before the City Commission in an expeditious fashion for its consideration. Chair Sanchez: All right. I believe that takes care of all the remaining items, except Commission blue pages and pocket items. So let's start with the Commission blue pages. We'll get through them, and then we'll go to the pocket items. I believe there're only two pocket items, for the record, okay. So at this time, District 1 does not have any blue pages. The Mayor doesn't have anything either. And we'll go ahead and turn it over and recognize District 2 Commissioner, Commissioner Sarnoff with his discussion item. Commissioner Sarnoff Mr. Manager, as you know, there is going to be a significant amount of work done on Biscayne Boulevard, the corridor, essentially south of 36th Street pretty much down to our downtown area. And there has been a move afoot for a very long time to declare it a scenic corridor. It seems to have gotten bottled up. I'm asking you to bring that forth as expeditiously as possible to afford the citizens the opportunity to do with it as they see fit. Once that is declared a scenic, historic corridorway, whether it means some amending of the plan by FDOT (Florida Department of Transportation) or whatever it is they're able to achieve, I think it's imperative that this move forward and move forward at a heightened pace than it has. It has sat in your office for the better part of two years. I don't think it's fair to the citizens, and I don't think it's necessarily fair to the city as a whole that something has sat for a very long time. City ofMiami Page 107 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Ellen Uguccioni: Good afternoon, Mr. Chairman, members of the Commission. Ellen Uguccioni, preservation officer. I want to report that we did have a unanimous decision from the Historic Preservation Board at their last meeting, and this is going to Planning Advisory Board on October 7, which is the next one we have, and then we will get it out, sirs, soon as we can right after that. Commissioner Sarnoff Okay. Does it have to come to the Commission for a vote? Ms. Uguccioni: Yes, sir. Commissioner Sarnoff Okay. I'd ask, Mr. Manager, as soon as you can, once the PAB (Planning Advisory Board) has rendered its decision, that it comes to us in as a expedition a fashion as you can muster. Pedro G. Hernandez (City Manager): It will be. Commissioner Sarnoff Okay. Ms. Uguccioni : Thank you. Commissioner Sarnoff Thank you. D2.2 09-00934 DISCUSSION ITEM DISCUSSION ABOUT PURCHASING CARDS (P-CARDS). WHO HAS THEM, HOW ARE THEY USED AND WHO MONITORS THEIR USE? WHAT IS THE MONTHLY EXPENSE? WHO IS IN CHARGE? RESULTS FROM A RECENT AUDIT? COST SAVINGS WILL BE DISCUSSED. 09-00934 Email.pdf INDEFINITELY DEFERRED Chair Sanchez: All right. Next item. Commissioner Sarnoff The other two items, I promised the Manager I would defer, and I will agree to do that. Chair Sanchez: All right. So D2.2, which was a discussion item by Commissioner Sarnoff, has been deferred. Priscilla A. Thompson (City Clerk): Is there a date that you want it to come back, sir? Commissioner Sarnoff I do not have one. Ms. Thompson: So we'll make it indefinitely. That's six months. Commissioner Sarnoff Thank you. Ms. Thompson: Thank you. Chair Sanchez: Okay. That applies also to D2.3. Commissioner Sarnoff Correct. Chair Sanchez: And that takes care of the blue pages for Commissioner Sarnoff. District 4 has City ofMiami Page 108 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 none. District 5 has none, and District 3 has none. D2.3 09-00942 DISCUSSION ITEM DISCUSSION REGARDING PURCHASE ORDERS (P.O.'S) AND THEIR APPLICATION TO ACCESS BOND MONEY. PLEASE DESCRIBE WHO CREATES A PURCHASE ORDER? PLEASE DESCRIBE WHO RECEIVES THE PURCHASE ORDER? PLEASE DESCRIBE THE TIMELINE AND DELAYS, IF ANY, PERTAINING TO PURCHASE ORDERS CREATED TO ACCESS BOND MONEY. 09-00942 Email.pdf INDEFINITELY DEFERRED END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO END OF DISTRICT 4 DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES END OF DISTRICT 5 NON AGENDA ITEMS NA.1 09-01031 DISCUSSION ITEM RECOGNITION OF CHIEF MAURICE KEMP AND HIS SWEARING IN CEREMONY AS THE CITY'S NEW FIRE CHIEF SCHEDULED FOR FRIDAY, SEPTEMBER 11, 2009. DISCUSSED NA.2 09-01032 DISCUSSION ITEM BRIEF COMMENT BY COMMISSIONER GONZALEZ REGARDING THE SUNSHINE LAW. DISCUSSED Commissioner Gonzalez: Mr. Chairman, I need a second on the floor. Chair Sanchez: Excuse me? Commissioner Gonzalez: I need the floor for a minute. City ofMiami Page 109 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Chair Sanchez: Yes, sir. You're recognized. Commissioner Gonzalez: All right. This is just to clear any perception of any Sunshine Law violation between Commissioner Michelle Spence -Jones and myself. She requested my cell number in writing because there are some people that want to call me and she didn't have my cell number, so I wrote my cell number in the pad and gave it back to her. For those that are looking, there is no Sunshine violation. There is no cahoots. There is nothing wrong going on, okay. Let the record be clear. My chief of staff will keep a copy of this note and her chief of staff will keep a copy of this note in case anybody wants to start -- be creative. All right, thank you. Chair Sanchez: All right. NA.3 09-01033 DISCUSSION ITEM DISCUSSION BY THE CITY ATTORNEY REQUESTING AN ATTORNEY -CLIENT SESSION AT THE NEXT CITY COMMISSION MEETING OF SEPTEMBER 24, 2009, AT 2:00 PM., CLOSED TO THE PUBLIC, TO SEEK ADVICE CONCERNING THE CONSOLIDATED LITIGATION CASES OF: STEVEN K. SCHWARTZ, ETC., V. CITY OF MIAMI, ET AL., CASE NO.: 07-44810 CA 08, CONSOLIDATED WITH MARGARITTE DINGLE V. POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08, CONSOLIDATED WITH SAMMY BROWN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO.: 08-80065 CA 08, CONSOLIDATED WITH THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 09-44642 CA 08; FURTHER REQUESTING AN ATTORNEY -CLIENT SESSION AT THE CITY COMMISSION MEETING OF OCTOBER 8, 2009, AT 2:00 PM., CLOSED TO THE PUBLIC, TO DISCUSS PENDING LITIGATION IN THE CASE OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), CONSOLIDATED WITH NADINE THEODORE V. CITY OF MIAMI, CASE NO.: 99-28417 CA 15. DISCUSSED Chair Sanchez: All right. Good afternoon, ladies and gentlemen. The City ofMiami Commission meeting is back in order. A little housecleaning before we move on with the remaining of the agenda that's in front of us. The City Attorney has requested two executive sessions that we need to come up with a date. However, she's requested that at least one of them, which is the Polish facility -- Julie O. Bru (City Attorney): Yeah. And I'll put something on the record that need to put. Chair Sanchez: Right. -- that we take that up on September 24. The other ones can come back in October. So why don't we just go ahead and schedule it now for -- have the Polish Club executive session scheduled for September 24 at 2 o'clock? That'll be the first item coming back from lunch. And then we'll go ahead and take up the other items in October. Ms. Bru: Okay. So let me just -- Chair Sanchez: Okay, so -- Bru: -- for the record, let me put this on the record. I am, pursuant to the provisions of Section 286-011(8) Florida Statute, requesting for September 24, 2009 an attorney -client session closed to the public for purposes of discussing the pending litigation in the case of Steven City ofMiami Page 110 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 NA.4 09-01022 District 2- Commissioner Marc David Sarnoff Schwartz versus City ofMiami, et al., consolidated with Margaritte Dingle versus Polish American Club ofMiami. It's case number 08-03407, consolidated with Sammy Brown, et al. versus City ofMiami; that's case 08-80065, which is consolidated with Theoandria Kendrick versus the Polish American Club ofMiami, case number 09-44642. These are all pending in the circuit court of the 11 th Judicial Circuit in Miami. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. And you have now announced that we will be having this at 2 o'clock on September 24. Chair Sanchez: Well -- Ms. Bru: I also need -- Chair Sanchez: -- do you need it in a motion form -- Ms. Bru: No. Chair Sanchez: -- or no? Ms. Bru: This is just an announcement that I need -- Chair Sanchez: Okay. Ms. Bru: -- to make. The other case that I'm requesting the same kind of executive session under the same statutory reference is Sidney S. and Daniel [sic] Wellman versus City ofMiami, and that's case number 99-19523, which is consolidated with Nadine Theodore versus City ofMiami, case number 99-28417. They're both pending in the circuit court of the 11 th Judicial Circuit. And those meetings will also be confined to settlement negotiations or strategy sessions related to litigation expenditures. On the Wellman case, I will leave it up to the Chairman to decide an appropriate time and date in October. You can notify us by memo, and then I will advertise it according to state law. Chair Sanchez: Why don't we just select now to be the first meeting of October at 2 o'clock, that way -- Bru: Okay. Chair Sanchez: -- we know that usually executive sessions are the first item that we take up when -- you know, before we get -- when we get back from lunch. So schedule it for the first meeting of October at 2 o'clock. Ms. Bru: Thank you. Chair Sanchez: You pick the office. Ms. Bru: Okay. Chair Sanchez: All right. Okay, that takes care of that. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING, PURSUANT TO SECTION 54-341(E), THE RESTRICTIONS CONTAINED IN SECTION 54-341(C)(1),(2), AND (3) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TO (1) WAIVE THE TWO EVENTS PER MONTH RESTRICTION, (2) WAIVE THE TWO EVENTS INVOLVING STREET CLOSURES, (3) WAIVE THE TWO EVENTS TAKING PLACE ON City ofMiami Page 111 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 SUCCESSIVE WEEKENDS, AND (4) WAIVE THE APPLICATION AND REQUIRED APPROVALS IN SECTION 54-341(D) OF THE CITY CODE; AND WAIVING THE LIMITATIONS ON TEMPORARY SPECIAL EVENTS PURSUANT TO SECTION 906.9(C) OF ORDINANCE NO. 11000, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, FOR EVENTS OCCURRING IN THE COCONUT GROVE SPECIAL EVENTS DISTRICT DURING DESIGNATED SATURDAYS FROM SEPTEMBER 26, 2009 AND ENDING MARCH 20, 2010; IN AND WAIVING THE SUPPLEMENTARY USER FEE, PURSUANT TO SECTION 54-343(5) OF THE CITY CODE, FOR SAID EVENTS. 09-01022-Leg islation. pdf 09-01022-Submittal-Commissioner Sarnoff.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez R-09-0423 Chair Sanchez: So at this time, we'll entertain pocket items. Commissioner Sarnoff Yes. Chair Sanchez: Well recognize Commissioner Sarnoff for the record as to his pocket items. Commissioner Sarnoff This is a pocket item that would allow the Coconut Grove Special Events District to have 26 consecutive events, Mr. Chair, to allow the closure of Commodore. As you know, we had the summer awakening or summer rendezvous, Fall in Love with the Grove Again project. It was a huge success in June, July, and August. This will not cost the City ofMiami any money, but it is necessary for us to have this resolution to afford us the opportunity to do this on a weekly basis every Saturday night for the next 26 weeks. So I would so move it. Commissioner Regalado: Second. Chair Sanchez: All right. There's a motion and a second. What fiscal impact does this have to the City? Pedro G. Hernandez (City Manager): I would say nothing. Chair Sanchez: That's what I wanted to hear. Mr. Hernandez: No fiscal -- no -- Chair Sanchez: All right. Mr. Hernandez: -- impact. Chair Sanchez: And it's a good event. I've been to a couple of them, and I really had a good time. It's turned into a gathering place. Okay, no further discussion on the pocket item. There's a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. City ofMiami Page 112 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 NA.5 09-01026 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THE Commissioner CITY MANAGER TO FACILITATE THE DONATION OF AN ARTIFACT FROM Marc David Sarnoff THE SEPTEMBER 11, 2001 WORLD TRADE CENTER DISASTER SITE; FURTHER REQUESTING THE CITY MANAGER TO TAKE ALL NECESSARY STEPS TO PAY FOR THE TRANSPORTION OF SAID ARTIFACT, INCLUDING THE IDENTIFICATION OF A FUNDING SOURCE NECESSARY FOR THE TRANSPORTATION OF THE ARTIFACT; ACCEPTING THE ARTIFACT IF CITY OF MIAMI ("CITY") OR PRIVATE FUNDS ARE USED TO ACQUIRE THE ARTIFACT FOR DONATION TO THE CITY. 09-01026-Leg islation. pdf 09-01026-Submittal-Email-Commissioner Sarnoff.pdf 09-01026-Submittal-Commissioner Sarnoff.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Regalado and Spence -Jones Absent: 2 - Commissioner Gonzalez and Sanchez R-09-0424 Chair Sanchez: Next pocket item. Commissioner Sarnoff The next pocket item is a resolution to the City ofMiami requesting the City Manager to facilitate the donation of an artifact from the September 11, 2001 World Trade Center disaster site; further requesting the City Manager to take all necessary steps to pay for the transportation of said artifact, including the identification of a funding source necessary for the transportation of the artifact, accepting the artifact if the City ofMiami or private funds are used to acquire the artifact for donation to the City. If the Manager cannot find a funding source, I will fundraise the necessary funds to do so, and this should have no impact to the general fund, whatsoever. Now for those of you that don't know, what this is is these are pieces - - huge pieces of steel or -- I guess they are steel -- that come from the World Trade Center that have been stored at Kennedy Airport. I've provided to each Commissioner a photograph of this. This would look -- and I think would be a huge benefit to the City ofMiami if we put it down on Biscayne Boulevard, possibly right where the FEC (Florida East Coast) corridor is, and create some sort of a monument to what happened on 9/11. And I think it would be very historic and very appropriate for the City that shares a lot in history and in culture with the City of New York. And it would really demonstrate our solidarity with those that met their demise on September 11. So moved. Commissioner Regalado: Second. Vice Chair Spence -Jones: We had a motion and a second. All in favor? The Commission (Collectively): Aye. Vice Chair Spence -Jones: Any other -- Commissioner Sarnoff Mr. Manager. Vice Chair Spence -Jones: -- pocket items? Commissioner Sarnoff I think he's got -- City ofMiami Page 113 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Pedro G. Hernandez (City Manager): Commissioner, just a clarification. When you talked about the location, this is the piece of property or land between Biscayne and the inlet that is between American Airlines Arena and Bicentennial. Commissioner Sarnoff Correct. There happens to be a statute [sic] there now I think that we're storing for the Miami Science -- I don't know if it's Science or if it's Art, but it's a big steel -- Mr. Hernandez: Right. Commissioner Sarnoff -- structure there now. Mr. Hernandez: Well, I would say the location, in my opinion, is excellent -- Commissioner Sarnoff Right. Mr. Hernandez: -- because of the visibility. Robert Ruano is already working on preparing the letter that we have to send and all the -- one of the things that he needed was actually the location. Well show that as the location for the artifact. Commissioner Sarnoff I think it's a location that every Commissioner feels a part of and feels like they're -- you know, certainly, Biscayne Boulevard belongs to us all, certainly downtown, and I think it would be something we'd all feel very proud of to know that we didn't let this opportunity pass us by. And if you cannot find a funding source, let me know and I will have it funded. Mr. Hernandez: Thank you. Vice Chair Spence -Jones: So I believe, Madam City Clerk, we had a motion and a second. Priscilla A. Thompson (City Clerk): That's correct. Vice Chair Spence -Jones: And at this point, are there any other pocket items? Commissioner Regalado: No. Vice Chair Spence -Jones: At this point, we'd like to adjourn the meeting -- officially adjourn the meeting. And then we shall be coming back, I believe, at 5 o'clock for the budget hearing. Ms. Thompson: 5:05. Vice Chair Spence -Jones: Five o'clock is what (INAUDIBLE), correct? Ms. Thompson: Five -- Julie O. Bru (City Attorney): Vice Chair, this would be just a recess until 5 o'clock. It's one meeting and a separate public hearing for the budget. Vice Chair Spence -Jones: Madam City Clerk. Ms. Thompson: I'm sorry. I have two separate agendas, and we listed it as two separate meetings. I -- Bru: Well -- Ms. Thompson: -- it's up to Legal to tell us what to do. City ofMiami Page 114 Printed on 9/29/2009 City Commission Meeting Minutes September 10, 2009 Ms. Bru: I think it's one meeting. You just have two separate agendas, and you can recess until 5 o'clock. Vice Chair Spence -Jones: Okay, so we're not adjourning, we're recessing. Ms. Bru: Correct. Vice Chair Spence -Jones: So I'd like to clear that up. We're officially adjourning until 5 o'clock. Ms. Thompson: No, you're recessing -- Vice Chair Spence -Jones: Recessing, sorry. Ms. Thompson: -- according to the City Attorney. Vice Chair Spence -Jones: According to Madam City Attorney. City ofMiami Page 115 Printed on 9/29/2009