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HomeMy WebLinkAboutCC 2009-09-24 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 24, 2009 9:00 AM PLANNING & ZONING CONTINUED ON SEPTEMBER 29, 2009 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 24, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SPECIALLY SCHEDULED ITEM PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS 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 10/20/2009 City Commission Meeting Minutes September 24, 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 24th 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 Chair Sanchez at 9:35 a.m., recessed at 12:11 p.m., reconvened from Executive Session at 3:11 p.m., recessed at 3:19 p.m., reconvened from the Community Redevelopment Agency meeting at 4:08 p. m., recessed at 5:39 p. m., reconvened at 6:08 p.m. for the second budget hearing session, recessed at 9:55 p.m., reconvened at 10:35 p.m., recessed at 12:00 a.m., reconvened at 12:06 a.m., and recessed the meeting at 12:19 a.m. to be continued to Tuesday, September, 29, 2009 at 5: 05 p.m. Note for the Record: Commissioner Spence -Jones entered the Commission Chambers at 9:36 a.m and Commissioner Gonzalez entered the Commission Chambers at 9:53 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk Chair Sanchez: Good morning, ladies and gentlemen. Want to take this opportunity to welcome you to the September 24, 209 [sic] meeting of the City ofMiami Commission on [sic] these historic chambers. The members of the City Commission are Michelle Spence -Jones, Vice Chair, Tomas Regalado -- Commissioner Tomas Regalado, Commissioner Angel Gonzalez, Commissioner Marc David Sarnoff, and me, Joe Sanchez, as your Chair. Also on the dais we have Pete Hernandez, representing City Manager's Office, and Julie O. Bru, our City Attorney, and Priscilla Thompson, our City Clerk. The meeting will be opened by a prayer by our City Clerk, and we will move on to the pledge of allegiance. Madam Clerk, you're recognized for prayer. Invocation and pledge of allegiance delivered. Present: Commissioner Gonzalez, Commissioner Sarnoff, Chair Sanchez, Commissioner Regalado and Vice Chair Spence -Jones On the 29th day of September 2009, the City Commission of the City ofMiami, Florida, continued its meeting from September 24, 2009 at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sanchez at 7:18 p.m., recessed at 11: 59 p.m., reconvened at 12:19 a.m. (September 30, 2009), and adjourned at 12:29 a.m. Note for the Record: Commissioner Regalado entered the Commission Chambers at 7:19 p.m and Vice Chair Spence -Jones entered the Commission Chambers at 7:23 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Pamela Burns, Assistant City Clerk City ofMiami Page 3 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 PRESENTATIONS AND PROCLAMATIONS PR.1 09-01060 PRESENTATION Honoree Presenter Protocol Item Hector Lima Mayor Diaz Salute Special Presentations The EPA awards the City of Miami a $500,000 Brownfields Job Training Grant with Funds supported by the American Recovery and Reinvestment Act signed by President Barack Obama. MAYORAL VETOES 09-01060 Protocol.pdf PRESENTED 1. Mayor Manuel Diaz recognized Hector Lima for his 22 years of service to the City ofMiami and congratulated him for his professional dedication and overall excellence as a City ofMiami Administrator. 2. Daisy Kathleen Curry presented a $500, 000 Brownfields Job Training Grant with funds supported by the American Recovery and Reinvestment Act to the City ofMiami. Chair Sanchez: And at this time we will continue with the agenda and recognize the Mayor, who has a salute to an individual who has been with us for 23 years. He's a good friend, and I think he is a perfect example of a good employee of the City ofMiami, and we're going to miss him. Hector Lima. Presentations made. [Later... ] Chair Sanchez: All right. Let's move on to the Consent Agenda. I believe there are some items to be deferred. Mr. City Manager, you're recognized for the record as to deferrals. Pedro G. Hernandez (City Manager): Good morning, Mr. Chairman. Good morning, Commissioners. Before I start, I wanted to take just 30 seconds to recognize again, you know, Hector Lima, director of Building, whom I've known for many, many years, and has been an example of a true professional in doing his work. I'm very familiar with the permitting process, coming from the County, and I can tell you that he is extremely efficient and more effective than even the County process. So I'm wishing him a lot of luck in the future, and I know that he'll do very well. Thanks, Hector. NO MAYORAL VETOES Chair Sanchez: All right, that concludes presentation and proclamations. We're going to move on to the mayoral veto. There are none. I'm in possession of a letter from the Mayor [sic] -- redline memo where no veto legislation. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. City ofMiami Page 4 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, to APPROVED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Sarnoff, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Gonzalez Chair Sanchez: We move on to approving minutes. We need to approve the Planning & Zoning meeting of -- Vice Chair Spence -Jones: So moved. Chair Sanchez: -- July 23, 209 [sic]. Priscilla A. Thompson (City Clerk): Excuse me, Chair. If you'd like, you can handle them all at one time. Chair Sanchez: Okay. Ms. Thompson: Thank you. Chair Sanchez: Need a motion to approve all the minutes. Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second. Chair Sanchez: All right. Those to include Planning & Zoning meeting ofJuly 23, Special Commission meeting ofAugust 6, 209 [sic], Special Commission meeting ofAugust 6, 209 [sic] on Miami 21, budget workshop on August 14, 209 [sic]. There's been a motion and a second. The motion has been proffered by the Vice Chair, second by Commissioner Sarnoff. Hearing no discussion on approving of the minutes, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sanchez: Before we move on to the presentations and proclamations, let me just once again welcome you to City Hall and ask that -- today, the Commission for cooperation. We do have a voluminous agenda. We do have a regular Commission meeting, followed by a CRA (Community Redevelopment Agency) meeting, followed by a MSEA (Miami Sports & Exhibition Authority) meeting, and then we have an executive session meeting, and then at 5:05 we will City ofMiami Page 5 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 bring up the budget hearing. So we're going to try to get through the items on the regular Commission meeting. And as soon as we get back from lunch, I think we could take up the executive session, and then we'll follow with the CRA and the MSEA, which will be pretty quick, I'm hoping, and then we would continue the regular Commission meeting and pick up the budget at 5:05, which was properly advertised. That is the order of the day that has been properly advertised. "[Later...]" Chair Sanchez: Once again, we have a executive session that has been properly advertised for 2 p.m., so at 2 p.m. we will meet for that executive session. "[Later...]" Chair Sanchez: All right. What we're going to do is we have the public hearing properly advertised for 5:05. I'm sure that's going to take most of the night. What we're going to do is let's go ahead and -- I think the City Manager needs three PZ (Planning & Zoning) that we need to approve. Pedro G. Hernandez (City Manager): And also, Commissioner, we have two other billboard -related items that I would like to see if we can do right now -- Chair Sanchez: All right. Mr. Hernandez: -- which is RE.11 -- Chair Sanchez: Well, folks -- Mr. Hernandez: -- and PZ.9. Chair Sanchez: -- let's -- RE.11. Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): That's correct. Chair Sanchez: And which is the other? Mr. Bockweg: PZ.9. Commissioner Gonzalez: But the -- Chair Sanchez: And -- yeah, we're going to take up PZ.9. Hold on. So right now any other item besides RE.11, PZ.9, PZ.1, and PZ.2, which I believe, Mr. City Manager, you need them? Mr. Hernandez: Yes, sir, I do. Chair Sanchez: Every other item on the agenda will be continued to the next regular Commission meeting. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Yes. Commissioner Gonzalez: If you allow me. There are some items here that are second reading that didn't had [sic] any opposition at the -- on the first reading. City ofMiami Page 6 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Well -- Commissioner Gonzalez: For example, PZ.6, PZ.7, an item for Camillus House that we're here. Vice Chair Spence -Jones: Camillus. Commissioner Gonzalez: Yeah. Chair Sanchez: But here's the thing, if you want to take this -- the public -- Commissioner Gonzalez: Do we have to start -- Chair Sanchez: -- the budget hearing -- Commissioner Gonzalez: -- the budget hearing at 5 or we -- Chair Sanchez: People are here. As you could see, the place is packed. There are people outside. People are going to want to address. If we open it up -- I mean, we still have a voluminous agenda, which I knew this was going to happen, butt still wanted to try to get as many items out of the way, so you know, if you want to take a couple of noncontroversial items, we'll get them out of the way, but we're certainly not going to get through this whole agenda. Vice Chair Spence -Jones: Okay, that's fine. City ofMiami Page 7 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 CA.1 09-00932 Department of Parks and Recreation CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 07-0573, ADOPTED OCTOBER 11, 2007, BY REPLACING THE IDENTIFIED SPECIAL REVENUE FUNDING SOURCES OF THE CITY OF MIAMI'S REQUIRED TOTAL CASH MATCH FROM THE DEPARTMENT OF PARKS AND RECREATION BUDGET SURPLUS FISCAL YEAR 2002 (PARKS AND RECREATION ROLLOVER), PROJECT 29-119002, AWARD NO. 1281, IN THE AMOUNT NOT TO EXCEED $37,315 AND FROM THE DEPARTMENT OF PARKS AND RECREATION ORDINANCE 10425- RECREATION ACTIVITY -CONSOLIDATED PROJECT 29-116002, AWARD NO. 1179, IN THE AMOUNT NOT TO EXCEED $15,000, FOR A TOTAL AMOUNT NOT TO EXCEED $52,315; ALLOCATING SAID FUNDS FROM A NEW IDENTIFIED SPECIAL REVENUE FUNDING SOURCE FROM THE DEPARTMENT OF PARKS AND RECREATION HANDICAPPED DIVISION FUNDRAISING, PROJECT 29-110032, AWARD 1178. 09-00932 Legislation.pdf 09-00932 Summary Form.pdf 09-00932 Resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones CA.2 09-00978 Department of Public Works R-09-0428 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BID OF SUPERIOR LANDSCAPING AND LAWN SERVICE, INC., IN ACCORDANCE WITH THE LOCAL PREFERENCE OPTION IN SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO INVITATION FOR BIDS NO. 08-09-036, RECEIVED AUGUST 11, 2009, FOR THE PROJECT ENTITLED "TRAFFIC CIRCLES MAINTENANCE CONTRACT, M-0020," FOR A TWO (2) YEAR PERIOD, IN AN ANNUAL AMOUNT NOT TO EXCEED $109,880, FOR A TOTAL TWO (2) YEAR CONTRACT AMOUNT OF $219,760, TOTAL BID, AS STATED ON THE FORMAL BID DOCUMENT AND THE DEPARTMENT OF PUBLIC WORKS PROJECT FACT SHEET, WITH THE OPTION TO RENEW FOR UP TO THREE (3) ADDITIONAL ONE (1) YEAR PERIODS, IN AN ANNUAL AMOUNT NOT TO EXCEED $109,880; ALLOCATING SAID FUNDS, FROM ACCOUNT NO. 202000.534000; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PROJECT; FURTHER AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE SAID OPTIONS TO RENEW SUBJECT TO THE AVAILABILITY OF FUNDING AND THE CONTRACTOR'S PERFORMANCE. City ofMiami Page 8 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 09-00978 Legislation10-8-09pdf 09-00978 Exhibit 9-24-09.pdf 09-00978 Summary Form 10-8-09.pdf 09-00978 Letter 9-24-09 .pdf 09-00978 Unit Prices 9-24-09.pdf 09-00978 Letter 2 9-24-09.pdf 09-00978 General Condition 9-24-09.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item CA.2 was deferred to the Commission meeting currently scheduled for October 8, 2009. CA.3 09-00979 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Police RECEIVED AUGUST 26, 2009, PURSUANT TO INVITATION FOR BIDS NO. 163128, FROM C.A. MECHANICAL, FOR AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES AT VARIOUS POLICE FACILITIES, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-00979 Legislation 10-8-09.pdf 09-00979 Summary Form 10-8-09.pdf 09-00979 Award Recommendation 9-24-09.pdf 09-00979 Tabulations of Bids 9-24-09.pdf 09-00979 Quote 904113 (1) 9-24-09.pdf 09-00979 Quote 904113(2) 9-24-09.pdf 09-00979 Quote 911109(1) 9-24-09.pdf 09-00979 Quote 911109(2) 9-24-09.pdf 09-00979 Quote 910109 (1) 9-24-09.pdf 09-00979 Quote 910109 (2) 9-24-09.pdf 09-00979 Quote 908110 (1) 9-24-09.pdf 09-00979 Quote 908110 (2) 9-24-09.pdf 09-00979 Quote 911111 (1) 9-24-09.pdf 09-00979 Quote 911111(2) 9-24-09.pdf 09-00979 Addendum N04 9-24-09.pdf 09-00979 Addendum NO.1 9-24-09.pdf 09-00979 Central Headquarters 9-24-09.pdf 09-00979 Invitation for Bid 9-24-09.pdf 09-00979-Summary Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item CA.3 was deferred to the Commission meeting currently scheduled for October 8, 2009. City ofMiami Page 9 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 CA.4 09-01010 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE Purchasing AWARD TO D'LALY CATERING CORPORATION, PURSUANT TO INVITATION FOR BID NO. 122066; AND AWARDING THE BID TO GREATER MIAMI CATERERS, INC., THE SECOND LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PROCUREMENT OF AFTER SCHOOL SNACKS ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01010 Legislation.pdf 09-01010 Summary Form.pdf 09-01010 Award of Bid.pdf 09-01010 Letter .pdf 09-01010 E-mail.pdf 09-01010 Invitation for Bid.pdf 09-01010 Formal Invitation To Bid.pdf 09-01010 Registered Caterer Info..pdf 09-01010 Addendum NO. 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones CA.5 09-00889 City Manager's Office R-09-0429 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING AMONG THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD, THE CITY OF MIAMI, AND MIAMI DADE COLLEGE, IN SUBSTANTIALLY THE ATTACHED FORM, ESTABLISHING A PARTNERSHIP TO CREATE GREEN JOBS TRAINING PROGRAMS. 09-00889 Legislation 10-8-09.pdf 09-00889 Exhibit 9-24-09.pdf 09-00889 Exhibit 2 9-24-09.pdf 09-00889 Summary Form 10-8-09.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item CA.5 was deferred to the Commission meeting currently scheduled for October 8, 2009. Adopted the Consent Agenda City ofMiami Page 10 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Motion by Vice Chair Spence -Jones, seconded by Commissioner Sarnoff, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones END OF CONSENT AGENDA Pedro G. Hernandez (City Manager): Commissioner, reference the Consent Agenda, I'm asking to defer CA.2, CA.3, and CA.5. Chair Sanchez: CA.2, CA.5 -- Vice Chair Spence -Jones: 3. Mr. Hernandez: CA.2 -- Commissioner Sarnoff 2, 3, 5. Mr. Hernandez: -- CA.3 and CA.5. Chair Sanchez: Okay, for the record. Priscilla A. Thompson (City Clerk): Do we have a date. Chair Sanchez: Defer to October 8? Mr. Hernandez: Yes, Mr. Chairman. Chair Sanchez: Okay. Ms. Thompson: I'm sorry. So is that an inde -- Chair Sanchez: October 8. Ms. Thompson: Oh, I'm sorry. Commissioner Sarnoff So moved. Ms. Thompson: Thank you. Chair Sanchez: There's a motion by Commissioner Sarnoff. Need a second. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The three items have been deferred to October 8. "[Later...]" Chair Sanchez: All right. Any of the consent agenda that any of the Commissioners would like to pull for discussion? If not, need a motion to approve the Consent Agenda. City ofMiami Page 11 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: So moved. Commissioner Sarnoff Second. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Sarnoff. Discussion on the Consent Agenda? Hearing no discussion on the Consent Agenda, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries, and the Consent Agenda has been approved. All right. SPECIALLY SCHEDULED ITEM SS.1 09-00923a RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Waste ATTACHMENT(S), RELATING TO THE PROVISION OF SOLID WASTE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; IMPOSING SOLID WASTE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF MIAMI FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009 AT THE SAME RATE APPROVED FOR FISCAL YEAR 2008-2009; CERTIFYING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00923a Legislation.pdf 09-00923a Exhibit 1 SUB.pdf 09-00923a-Exhibit 2-SUB.pdf 09-00923a Summary Form.pdf Motion by Commissioner Regalado, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0432 Chair Sanchez: Let's go to SS.1. Mario Soldevilla: Good morning, Commissioner. Mario Soldevilla, director of Solid Waste. This is the final assessment resolution for the solid waste services for the year. It is proposed at 365, which is the same as the current year. That's it, 365. Chair Sanchez: Okay. All right, this is a resolution imposing solid waste assessment, which stays at 365. Is there a motion? Commissioner Regalado: Move it. Commissioner Sarnoff Second for discussion. Chair Sanchez: There's a motion by Commissioner Regalado, second by Commissioner Sarnoff for the purpose of discussion. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff You know, Mr. Manager, Madam City Attorney, and Mr. CFO (Chief City ofMiami Page 12 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Financial Officer), had you been alert last Commission meeting and had you advised this Commission before it walked off the dais, this could have resulted in a very different situation for the City ofMiami. And I got to tell you, in this budget crunch that we're in now, I think for you guys not to have gotten the attention of this Commission -- I don't care if you had to throw a bucket of water over a Commissioner -- this is an expensive omission on all three of your part, and I think deep down, you all know you should have done a better job of advising us as to what was going on and what we should have done. And I hope everyone learns a valuable lesson from this. If this Commission is making a grave error, stop us, stop us in our tracks and tell us what we're doing wrong. But what was communicated to us coming off that dais was something of a stamp issue and this may cost us more in stamps, and there's a record of what went on. But I've got tell you -- I want to be very clear in my admonishment -- it is your job as professional full-time employees to advise this legislative body if we're making an error. Chair Sanchez: All right. Any further discussion on SS.1, which is a resolution? Hearing no discussion, I believe there's been a motion and a second for the record. All right. It's public meeting. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. It's a resolution. All in favor say "aye." Priscilla A. Thompson (City Clerk): I'm sorry, Chair. According to my notes, are we supposed to have a substitute? Some item was -- Julie O. Bru (City Attorney): On this item, the only substitution is that the date of the transmission has been changed. Before it was, I think, September 15, correct, Mr. Soldevilla? And now it reflects that it will be transmitted on September 25. Mr. Soldevilla: Twenty-fifth. That's correct. I apologize. There was a -- the transmission date to the County have been established as September 15. We were able to get a concession that the establishment date would be the 25th instead, and that's -- Chair Sanchez: All right. Mr. Soldevilla: -- the correction. Chair Sanchez: All right, as modified, with the substitution, does the maker of the motion accept the substitution? Commissioner Sarnoff I wasn't the maker; I was the seconder. Chair Sanchez: Does the maker of the motion -- Commissioner Regalado: Yes. Chair Sanchez: -- accept --? Commissioner Regalado: Yes. Chair Sanchez: Okay. 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. Mr. Soldevilla: Thank you. Chair Sanchez: SS.1 has been approved, 5-0. City ofMiami Page 13 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 10:30 A.M. END OF SPECIALLY SCHEDULED ITEM PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 - PH 2. PH.1 09-00981 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF HOMELESSNESS Development PREVENTION AND RAPID -RE -HOUSING PROGRAM FUNDS IN THE AMOUNT OF $3,392,918; ALLOCATING SAID FUNDS AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR HOMELESS PREVENTION AND RAPID RE -HOUSING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-00981 Legislation.pdf 09-00991-Exhibit-SUB. pdf 09-00981-Memo-City Manager-Exhibiit A Substitution for PH.1.pdf 09-00981 Summary Form.pdf 09-00981 Public Notice.pdf 09-00981 Homeless Prevention Program.pdf 09-00981 Florida Non Profit .pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado R-09-0430 Vice Chair Spence -Jones: Okay. We're going to go ahead to public hearings for CD (Community Development), two items, PHI and PH 2. Mr. Mensah, you're recognized. George Mensah: Madam Vice Chair, George Mensah, director of Community Development. PH.1 is a resolution of the City Commission to authorize the transfer of homelessness prevention and Rapid Re -Housing program funds in the amount of 3. -- approximately $3.3 million, allocating said funds as attached in Exhibit A. And there was a substitution that was passed around last Tuesday, and what the substitution just did was consolidate the various categories, and it will go to Citrus Health Network and City ofMiami Community Development. Vice Chair Spence -Jones: All right. This is actually a public hearing. If there are any comments, please, the mike is open. Commissioner Gonzalez: Move PH.1. Vice Chair Spence -Jones: No comments? It comes back to the dais. Commissioner Sarnoff Second. Vice Chair Spence -Jones: I have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 14 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 PH.2 09-00984 Department of Community Development Vice Chair Spence -Jones: All right, this item passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE HOMELESSNESS PREVENTION AND RAPID RE -HOUSING PROGRAM POLICIES, IN SUBSTANTIALLY THE ATTACHED FORM. 09-00984 Legislation.pdf 09-00984 Exhibit.pdf 09-00984 Summary Form .pdf 09-00984 Public Notice.pdf 09-00984 Resolution 1.pdf 09-00984 Resolution 2.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Absent: 2 - Commissioner Sanchez and Regalado SR.1 09-00891 Office of the City Attorney R-09-0431 Vice Chair Spence -Jones: We move on to item number 2. George Mensah (Director, Community Development): PH.2 is a resolution of the Miami City Commission approving and authorizing the City Manager to implement the homelessness prevention and Rapid Re -Housing program policies, in substantially attached form. Basically, these policies are policies from HUD (Department of Housing and Urban Development) as part of the program, and it's -- it provides eligibility criteria in the amount of money that can be paid as part of the program. Vice Chair Spence -Jones: All right. Do we have a motion and a second on this item? Commissioner Gonzalez: Move it. Commissioner Sarnoff Second. Vice Chair Spence -Jones: We have a motion and a second. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Spence -Jones: This item passes. Thank you, Mr. Mensah. Mr. Mensah: Thank you. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE Second 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 City ofMiami Page 15 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 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 Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13088 Chair Sanchez: We move on to the next item, which -- well, let's -- we can't do the public hearing; they were properly advertised for 10:30, so let's go ahead and go to SR.1. SR.1. Julie O. Bru (City Attorney): Mr. Chairman, members of the Commission, this is second reading of an ordinance that corrects certain deficiencies in our vehicle impoundment ordinance. An ordinance -- I'm sorry. Chair Sanchez: SR.1. Okay, you're recognized for the record, Madam Attorney. Ms. Bru: No. It -- Chair Sanchez: Let's go. Ms. Bru: -- this is the ordinance that amends our Code and our vehicle impoundment program to provide for certain requirements that the courts -- this is a result of litigation. There's certain constitutional requirements regarding notice and defenses that we're correcting the ordinance by this amendment. Chair Sanchez: Okay. It's on second reading. Is there a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by Commissioner Gonzalez. Let's open up the public hearing. Anyone from the public wishing to address this item -- We are on SR.1, which is an ordinance on second reading. Anyone from the public wishing to address this Commission, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission for deliberation. All right, any discussion on SR.1? Hearing no discussion on SR.1, Madam Attorney, read the ordinance in second reading for 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, it's an ordinance on second reading. Priscilla A. Thompson (City Clerk): Your roll call. Chair Sanchez: Roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 16 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 09-00928 ORDINANCE Second Reading 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 Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13089 Chair Sanchez: All right, SR.2. It's also an ordinance on second reading. That's the early voting. Priscilla A. Thompson (City Clerk): Commissioners -- Commissioner Gonzalez: Move it. Chair Sanchez: Hold on. Madam Clerk, you're recognized for the record. Ms. Thompson: Yes. Commissioners, this is just the second reading of the ordinance that will establish our date for early voting and the locations for the precincts for the November 3, 2009 general election. Commissioner Sarnoff So moved. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez, second by -- Commissioner Regalado: Second. Chair Sanchez: -- Commissioner Sarnoff. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Any discussion? Hearing no discussion, Madam Attorney, read the ordinance on second reading 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. 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.3 09-00909 ORDINANCE Second 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, City ofMiami Page 17 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 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 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 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 13090 Chair Sanchez: We move on to SR.3. SR.3 is the five year asset smoothing. Let's get a motion. Is there a motion? Commissioner Sarnoff Move it. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Regalado: Second. Chair Sanchez: Second by Commissioner Regalado. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed. Would like to give the Administration an opportunity to address this, so you're recognized for the record. Elsa Jaramillo Velez: Good morning, Commissioners. Elsa Jaramillo-Velez, on behalf of Employee Relations. This is a second reading, as you mentioned, and it has to do with the smoothing method from three years to five years for the general employees' and sanitation employees' pension. Chair Sanchez: All right. There's been a motion and a second. Any discussion on SR.3, which is an ordinance on second reading? No discussion. 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. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.4 09-00951 ORDINANCE Second Reading City ofMiami Page 18 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 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 Commissioner Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13091 Chair Sanchez: All right, SR.4. SR.4 is also an ordinance on second reading. Why don't we put something on the record? Elsa Jaramillo-Velez (Deputy Director, Employee Relations): Yes. This one is regarding the Fire and Police pension, and this one is based on Article 43 of the collective bargaining agreement with Fire. And it -- essentially, what it does is the Rule of 64 now becomes the Rule of 68, and the increase the members' contribution will be going from 8 to 9. Commissioner Gonzalez: Motion. Chair Sanchez: Okay. There's a motion by Commissioner Gonzalez. Can I -- Commissioner Sarnoff Second. Chair Sanchez: -- get a second? Commissioner Sarnoff Second. Chair Sanchez: Second by Commissioner Sarnoff. Before we open it up for discussion, requires a public hearing. Anyone from the public wishing to address this item, please step forward and be recognized. Seeing no one, the public hearing is closed, coming back to the Commission. Any further discussion on SR.4, which is on second reading? Hearing no discussion, 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. 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. City ofMiami Page 19 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 SR.5 09-00933 ORDINANCE Second 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/OR REVENUE REFUNDING BONDS, SERIES 2009, IN ONE OR MORE SERIES FROM TIME TO TIME 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 ONE OR MORE BOND PURCHASE AGREEMENTS; APPROVING UNCERTIFICATED BOOK -ENTRY ONLY REGISTRATION OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE DISTRIBUTION OF ONE OR MORE PRELIMINARY OFFICIAL STATEMENTS AND OFFICIAL STATEMENTS 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 ONE OR MORE TRUSTEE, PAYING AGENT AND BOND REGISTRAR AGREEMENTS; APPROVING THE FORM AND AUTHORIZING THE EXECUTION AND DELIVERY OF ONE OR MORE DISCLOSURE DISSEMINATION AGENT AGREEMENTS AND DESIGNATING DIGITAL ASSURANCE CERTIFICATION, L.L.C., AS DISSEMINATION AGENT THEREUNDER; AUTHORIZING THE DIRECTOR OF THE DEPARTMENT TO NEGOTIATE FOR AND OBTAIN ONE OR MORE BOND INSURANCE POLICIES AND/OR RESERVE PRODUCTS 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 City ofMiami Page 20 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 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 Complete Legislation.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13092 Direction by Commissioner Sarnoff to the Chief Executive Officer to take all necessary actions to immediately address any arrears in payments owed by entities to the Miami Parking Authority. Chair Sanchez: SR.5, and I hope that the City Attorney doesn't have to read it again. You do, for the record. All right, SR.5 is an ordinance on second reading. Let's get a motion and a second. Vice Chair Spence -Jones: So moved. Chair Sanchez: Okay. Commissioner Gonzalez: Second. Chair Sanchez: There's a motion and a second. That comes to us from the Department of Off -Street Parking. You're recognized for the record just to state what we're voting on on second reading. Art Noriega: Art Noriega, Miami Parking Authority. This is a second reading ordinance allowing the Miami Parking Authority to issue bonds, not to exceed $70 million. The purpose of these bonds is for the refinancing of existing debt and the issuance of new money for the completion of couple of projects we're working on. Chair Sanchez: All right. There's been a motion -- there's been a motion and a second? Priscilla A. Thompson (City Clerk): Yes. Vice Chair Spence -Jones: Yes. Chair Sanchez: All right. Anyone from the public wishing to address this item, please step forward and be recognized. We are on SR.5, which is an ordinance on second reading. Seeing no one in the public, the public hearing is closed, coming back to the Commission. Any discussion on the item. Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff Art, in these times that everybody's looking for every -- any way of finding dollars and looking at best practices, you presently have an office building rented to a developer that is $400, 000 in arrears to you. I strongly urge you that no -- I don't think any City ofMiami asset that is owed money should allow that to go on for very long; and I implore you to make sure that all your revenues, from whatever source, are operated on and you actually do all things necessary to make sure that that arrearage is either extinguished, brought to court, or you enter into a different relationship. Everybody's going to be scrutinized, yourself included. Mr. Noriega: I absolutely agree with you, and I can't really discuss that in much detail because City ofMiami Page 21 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 we're in litigation with them, but we are acting on that. Commissioner Sarnoff Okay. Chair Sanchez: Commissioner Regalado. Commissioner Regalado: Art, just for the record, what is the break -down on these bonds and -- I understand what you're frying to do, but in terms of the break -down, what is going to be used for the new garage and --? Mr. Noriega: Yes, sir. Approximately $41 million of it is to refinance the existing bond debt; 12 million is new money; approximately 6 million is the fee paid for the swap termination; another 5 million and change is for the debt service reserve, and then there's some other ancillary but those are the primary -- that's the primary break -down of the total dollar amount. Commissioner Regalado: Okay, thank you. Vice Chair Spence -Jones: Any other questions or comments? Chair Sanchez: For the record, the gavel has been passed to the Vice Chair. Vice Chair Spence -Jones: Any other questions or comments on the issue? All right. Madam City Attorney, would you like to --? The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Commissioner Sarnoff You missed line 4. Maria J. Chiaro (Deputy City Attorney): Let me start again. Chair Sanchez: No. Commissioner Sarnoff That's okay. Vice Chair Spence -Jones: Roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Mr. Noriega: Thank you. Vice Chair Spence -Jones: Thank you, Art. END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING FR.1 09-00987 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 4/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES/NIGHTCLUBS," MORE PARTICULARLY BY AMENDING SECTION 4-42 THROUGH 4-76 TO City ofMiami Page 22 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Votes: CHANGE THE TERM "LICENSE" TO "BUSINESS TAX RECEIPT" AND TO AMEND THE QUALIFICATIONS FOR APPLICANTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00987 Legislation SR.pdf 09-00987 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Vice Chair Spence -Jones: We're going to move on to FR.1 because we -- I believe we have 15 -- about 15 more minutes before we get to the public hearing's portion of it, so you're recognized. Diana Gomez: Diana Gomez, Finance director. FR.1 is an ordinance of the Miami City Commission amending Chapter 4/Article II of the Code, as amended, entitled "Alcoholic Beverages/Nightclubs, " by amending qualifications for applicants of nightclub business tax receipts and adding -- amending Sections 4-42 through 4-74 to change the term "License" to "Business Tax Receipt" as required by state statute and to amend the qualifications for applicants; containing a severability clause and providing for an effective date. Vice Chair Spence -Jones: All right. This is a public hearing. Is there anyone here that has any comments they'd like to put on the record? Mariano Cruz: Over here. Vice Chair Spence -Jones: You're recognized. Mr. Cruz: You have the motion already. You have the motion? Okay. Vice Chair Spence -Jones: No. Just -- Mr. Cruz: The only -- Mariano Cruz, 1227 26th Street, chairperson ofAllapattah Business Development Authority, also vice president ofAllapattah Homeowner Association, member of the Empowerment Zone, the Allapattah Civic Center. No. The only thing I want to know is about information 'cause all these legal terms and people ask me question. What do they -- the people there in the street, the ones that working now to pay the taxes on the thing, what they earn -- what is the winning (UNINTELLIGIBLE) in the change for licensee to business tax receipt? What is that? Chair Sanchez: Round one. Mr. Cruz: That's what I want to know. That way, when somebody ask me a question, I know how to answer. Okay, what is the answer to that? Ms. Gomez: The termi -- Mr. Cruz: What the change means? Ms. Gomez: The state of Florida has changed the terminology of an occupational license to business tax receipt. They want to change the meaning of it to say it's a business tax receipt; it's not a license per se. So they are just changing -- Mr. Cruz: Oh, okay. Ms. Gomez: -- the name at the state level. City ofMiami Page 23 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cruz: It won't [sic] been that you have to pay more money or something? Ms. Gomez: The change in the name does not require additional -- Mr. Cruz: Oh, okay. All right. Vice Chair Spence -Jones: All right. Thank you. Any other comments for the record? Larry, do you have something you want to add? Mr. Spring: No, no. Commissioner Gonzalez: Move FR.1. Vice Chair Spence -Jones: We have a motion and a second. Do we have a second? Commissioner Regalado: Second. Commissioner Sarnoff Second. Leroy Jones: Commissioner, is that just to change the name? That's it? Vice Chair Spence -Jones: Mr. Jones, you're recognized, but you have to put your name on the record. Mr. Jones: Leroy Jones, 180 Northwest 62nd Street, Neighbors and Neighbors. That's just to change the name to local business? Vice Chair Spence -Jones: It was stated -- Ms. Gomez: IfI may. There is a change in the name. However, there is a also a change in the requirement of the applicant for nightclubs in which we are requiring -- we are changing the code to require proof of a state alcohol license as opposed to the City conducting a national background check. Vice Chair Spence -Jones: Okay. Mr. Jones: I thought that already was required. I thought they was required to prove that they had a state license anyway. Ms. Gomez: It is, but -- Mr. Jones: I thought that was always a requirement. Ms. Gomez: -- now it is -- we're writing it in the Code to make -- to clarify the Code that that is a requirement. Vice Chair Spence -Jones: So this is just a clarification of the Code? Ms. Gomez: That's correct. Mr. Jones: Okay. All right. Vice Chair Spence -Jones: All right. We had a motion and a second on this item. Madam City Attorney, you want to read the ordinance into the record. City ofMiami Page 24 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. Vice Chair Spence -Jones: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.2 09-00990 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 39/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "PEDDLERS AND ITINERANT VENDORS/SIDEWALK AND STREET VENDORS," MORE PARTICULARLY BY AMENDING SECTIONS 39-28 THROUGH 39-31, SECTIONS 39-45 THROUGH 39-46 AND SECTION 39-52, BY DEFINING THE CONCEPT OF BUSINESS TAX RECEIPT, AS OUTLINED IN CHAPTER 31 OF THE CITY OF MIAMI CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00990 Legislation SRpdf 09-00990 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Vice Chair Spence -Jones: You're recognized, FR.2. Diana Gomez: FR.2 -- Diana Gomez, Finance director -- is an ordinance of the Miami City Commission amending Chapter 39/Article II of the City Code entitled "Peddlers and Itinerant Vendors and Sidewalk and Sfreet Vendors," delineating responsibilities between the Finance director and the Public Works director, and also throw -- changing the terminology of license throughout the chapter from "license" to "business tax receipt" as required by the state statute. Vice Chair Spence -Jones: All right. Do you we have a motion and a second on this item first, before --? Priscilla A. Thompson (City Clerk): Not yet. Vice Chair Spence -Jones: Okay. Can I have a motion and a second? Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: We have a motion. Do I have a second? Commissioner Sarnoff Second. Vice Chair Spence -Jones: I have a second. This is a public hearing. I'd like to open up the floor. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Sfreet. No. I have to repeat before, you know, like preamble. He, Commissioners, the Manager, the Mayor has erected multitude of new offices, and sent his sworn officers to harass our people and eat out there their City ofMiami Page 25 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 (UNINTELLIGIBLE) because years ago -- I don't know if that's -- this is the same thing to harass the vendors in the street because some of you don't realize how the people out there, they got to sell hot dogs, they got to Sell watermelons, or anything, or lemons in the corner, flowers to survive, and wait. Is this something to harass them? Because I remember years ago you pass an ordinance -- resolution and you were here because you mentioned (UNINTELLIGIBLE) that they sell fish and chips and all that in the street, you say it's very not appropriate to the City or (UNINTELLIGIBLE) and all that that our sfreet vendors -- in every major city they got a street vendors, and I even saw a sergeant in Allapattah harassing a watermelon vendor. And I asked the sergeant, do you know how many watermelon he has to sell to earn what the City ofMiami sergeant makes? He got to sell about 120,000 melons, okay, to make the same money that you make. And I want -- I worry about if this is done to harass the vendors in the street because (UNINTELLIGIBLE) other day there was a poor lady from Nicaragua selling hot dogs in the corner, and it's (UNINTELLIGIBLE) instead of sending her to Public Works to get a license, free license, he harass her, say "I'm going to arrest you ifI see you there." You know how many hot dogs that lady have to sell to make what that inspector makes? No. Come down from your ivory towers and see how the people are living in the street. Or what about (UNINTELLIGIBLE) sound very good. Jobs, jobs, jobs. Protect the jobs, not the people here that making dollar difference and (UNINTELLIGIBLE) difference. I'm tired of seeing that 'cause people complain to me and I come here to complain because I have the wherewithal and the economic independence to come here. Everything I get is United States Treasury. When they run out of money, they (UNINTELLIGIBLE) spending (UNINTELLIGIBLE) electronic transfer and they send the money to my account. Vice Chair Spence -Jones: In conclusion. Mr. Cruz: In conclusion, I just want to know if this is done to harass the vendors in the sfreet. Vice Chair Spence -Jones: Thank you very much. Mr. Cruz: Okay. All that translate in -- Vice Chair Spence -Jones: We -- I think she got it, but -- Mr. Cruz: Okay. Vice Chair Spence -Jones: -- I'm going to take the comment from Mr. Jones, and then I'd like for you to respond after that. Mr. Jones. Leroy Jones: Again, Leroy Jones, 180 Northwest 62nd Street, Neighbors and Neighbors. The only -- here's the issue I have with it. Once you move the word "peddlers" off and replace with "local business tax," it don't identify allowing the business to sell on the sfreets. The word peddlers allowed them to sell roaming in the sfreets, so if you remove that -- just have a local business tax identify you to a specific location, a specific building, a specific address, so if you going to add the word local business tax on it for people who getting license as a peddler, the word `peddlers" should remain as well. Vice Chair Spence -Jones: Okay. Mr. Jones: Think about it. 'Cause once you remove "peddlers," then they don't identify them to being a business that can sell in the streets. Vice Chair Spence -Jones: Okay. Let me get a response from Diana on both issues on both issues from Mr. Cruz and Mr. Jones. Ms. Gomez: This item -- the changing -- again, the changing of the name from license to City ofMiami Page 26 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 business tax receipt is just a requirement of State. We need to change it throughout our code in order to be compliance with the State. Vice Chair Spence -Jones: But can we keep `peddler" included in that as well? Ms. Gomez: On the actual certificate or tax receipt, the word `peddlers" still -- I'm sorry. Excuse me one second. It's still going to be on there. Vice Chair Spence -Jones: So it's going to stay local -- but that's not what we're passing now, unless somebody's going to amend that. Ms. Gomez: No, no, no. The -- on the actual business tax receipt itself it will say peddler. For the category of peddler, it will still say peddler on the business tax receipt, so we're not changing that for the category of peddler. We are just changing some responsibilities between the Finance director and the Public Works director as they are in the Code right now. Vice Chair Spence -Jones: and to answer Mr. Cruz's question around businesses now being harassed because of this. Ms. Gomez: I would have to defer that to Code Enforcement or -- yeah, Code Enforcement. Vice Chair Spence -Jones: Mr. Manager, do you want to respond to that? Pedro G. Hernandez (City Manager): Well, the issue is that when we don't, our folks will get criticized. I think that, in essence, they are doing the best job they can in enforcing the City Code, which is what you expect from us. And I think that Code enforcement is actually doing that to the best of their ability. Commissioner Gonzalez: And let me -- can I -- may I? Vice Chair Spence -Jones: You're recognized. Commissioner Gonzalez: Let me interject into that. It's not a matter of the Code Enforcement officers harassing anybody or the police department harassing anybody. Most of the time the original complaints come from established business people that pay light, that pay rent, that pay employee salaries, that pay taxes, that pay, you know -- and then I stand at the corner next to them and I sell the same product and I don't pay taxes, I don't pay licenses, I don't pay employees, I don't pay rent, I don't light, I don't pay anything, so I can sell my merchandise maybe 40 percent less, all right. So it's a direct unfair competition. And most business people -- and I'm telling you this because I have it in my district. I have it right at 20 -- at 14 Street and 27th Avenue. There are some people selling flowers there, Tomas, okay, that they don't have a license, they don't have any permits, they don't have anything, and I have three flower shops constantly calling my office and complaining of these people peddling, you know, about a half a block away from them, and you know, and they are right. I mean, if you're running a legit business and you're paying all your taxes and you're paying all your dues and you're paying everything, I mean, you can't sit idle having somebody next to you selling without paying any of the City's requirements, so that is the biggest problem. It's not a matter of investigating anybody. It's not a matter of harassing anybody, you know. People complain, and when people complain, complaints go to the Code Enforcement offices or it goes to the police, and then they take action. You know, all they do is they go and they ask them, "Do you have a license? No, I don't. Then you can't be selling here." It's that simple. Vice Chair Spence -Jones: Commissioner Regalado, did you have a comment? I saw you -- Commissioner Regalado: No. I think that the fundamental issue here is that the City issues City ofMiami Page 27 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 peddlers license, but the people that get these peddlers license, they don't move; they sit still, and this is when other business come in and complain. And when someone goes to tell them that they cannot do that, they say, "Well, we have a license. I have a license from the County. I have a license from the City. You guys sold me a license." It's very difficult for them, I guess, to understand that they need to move around and, you know, it's for them very difficult to sell moving around. So this is a thing that needs to be defined in the future because it's very difficult when people pay for a peddler's license, they feel entitled to sell and this situation arises, so I don't know if this changes anything. I don't know if this changes the way that Code Enforcement or Police, for that matter, freat these people, but I think that when people are requesting a peddler's license, they should be told that they need to move because they risk being fined by the Code Enforcement. Thank you, Madam Chair. Vice Chair Spence -Jones: Any other comments, Commissioner Sarnoff? Commissioner Sarnoff Yeah. Commissioner Gonzalez just brought to my attention that the folks under the expressway by Rickenbacker don't have a license, and I have purchased there, and I've actually asked them do you have a license, and they actually showed me a license. You know, Mr. Manager, if that's the case, there's no way you can -- there's no way a legitimate purveyor of flowers could even hope to hold his own or her own against people that pay no rent, no insurance, no -- we laugh at the soft costs that we pay here in the City ofMiami when we go to build a building. Sometimes it's 30 percent. I wouldn't doubt for a business owner it's 30, 40 percent when you factor in the rent, the licenses, the workers' comp insurance. I mean, it -- there're a lot of obligations, maybe too many, but to have no obligations, how could --? You know, I've always wondered why we had so few flower shops in Miami. It's not hard to figure out why we have so few now. Vice Chair Spence -Jones: Do you --? Mr. Hernandez: Commissioner, the -- I'm sorry, Commissioner. Vice Chair Spence -Jones: No. Mr. Hernandez: The best that we can do on that is investigate those particular cases where there appears to be some locations that are totally permanent, like the one you just mentioned. It's not -- that's not a moving business at all. It's a -- an established location. And do we have such a license that allows that? I need to confirm that, and we need to provide uniformity across -the -code on how we enforce, and we need to protect the businesses that are legit that are paying all these fees, so I think -- Commissioner Sarnoff You want -- Mr. Hernandez: -- that we need to do some additional work on this. Commissioner Sarnoff You and I addressed a problem with the ice cream place, if you remember -- Mr. Hernandez: Todo Frio. Commissioner Sarnoff -- on Douglas, and we -- you forced the peddlers to continue move, I think it was in every 20-minute increments or something. But you know, we have to protect these businesses that get -- that get in -- forgive me if I'm using the wrong term, Madam City Attorney - - occupational license or whatever it is require them to get, and it's our obligation to make sure that they're not poached when it comes for someone that's not paying for things. Vice Chair Spence -Jones: Any -- City ofMiami Page 28 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff That's it. Vice Chair Spence -Jones: Okay. We have one more comment from the public. Let's take that so we can officially close this out. Your name for the record. Charles Cutler: Charles Cutler, 706 Northwest 4th Avenue. We're in very tough economic times. Nevertheless, with the way that the job market is, you know, I think that we need to look at this in a very practical manner. Now, I think there's -- maybe there need to be some type of time restraints if they're floating. Maybe they need to just be able to stay there for an hour or whatever because the way I've seen the actual laws being enforced, in my neighborhood in Liberty City, they have a tendency to allow certain people to stay on these corners and work the corners. Then, when other people come in and they fry to do the same thing, they'll run them off and that's not fair. And I want to make sure that whatever we decide to do today that it's going to be done across-the-board, it's going to be done on an equitable level because it don't make no sense for certain corners where they had some of the blacks selling water and selling flowers, then they get canned [sic] off then the Hispanics come in and they can sell water and they can sell flowers all day. So whatever we do, I want to make sure that the guidelines are very understandable and that this thing is going to be enforced across-the-board without -- and it's going to be enforced in a way where everybody's going to be able to make a equal livelihood because everybody got to make some money. Thank you. Vice Chair Spence -Jones: Okay, let me -- anymore comments from the public? Mr. Jones: Yes, Commissioner. We gone keep the word `peddlers" on it, right? Okay. I'm going to -- can't talk from the audience. Okay, I'm going to officially close the public hearing. That part of it is closed now. It's coming back to the dais. I believe all the Commissioners have made comments. The only thing thatl want to just be clear on, we're not introducing no new laws, no new taxes. This is simply a name change or a clarification on an existing license. And what has been communicated -- so I want to make sure we're all on the same page -- is that the word "peddlers" needs to exist somewhere in this language so that there is no confusion about what kind of license the individual has. I just need to hear from staff that that is the case. Ms. Gomez: That is correct, Commissioner. The -- we are changing the name from license to -- occupational license to business tax receipt, and we are clarifying some responsibilities between the Finance director and the Public Works director. Nothing else in the Code is changing. Vice Chair Spence -Jones: Can I ask a question? Can I ask this question, Diana? Ms. Gomez: Sure. Vice Chair Spence -Jones: We are coming up with the language of what it should be called or is the state telling us that's what it should be? Ms. Gomez: The business tax receipt is coming from the state. That -- Vice Chair Spence -Jones: Right, I understand that. But the name or the title of it -- is the title being created in the -- the City? Ms. Gomez: I'm sorry. The title peddlers, for instance, is what you're saying, or no? Vice Chair Spence -Jones: Well, you're saying you're removing `peddlers" out of -- City ofMiami Page 29 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Gomez: No, no, I'm not. I have said that I'm removing `peddlers" out of it. Nothing on the Vice Chair Spence -Jones: What -- Ms. Gomez: -- categories is changing. Vice Chair Spence -Jones: Okay. I understand the categories, but can you tell me what it will be called? Ms. Gomez: Okay. The -- Vice Chair Spence -Jones: Local business tax receipt, right? Ms. Gomez: That's correct. But each -- it would also delineate the category of the type of business tax receipt it is, so -- Vice Chair Spence -Jones: Okay. Can I -- Ms. Gomez: -- if it's a peddler's -- Vice Chair Spence -Jones: Is it a requirement for it to be called that by the state? Ms. Gomez: I'm sorry? Vice Chair Spence -Jones: Or is that something that the City staffers is -- you guys are coming up with? Ms. Gomez: It is required to be called a local business tax receipt. Vice Chair Spence -Jones: But can it be called a local business peddler's tax receipt? Ms. Gomez: No. Vice Chair Spence -Jones: Okay. So I just want to make sure -- it cannot be called that on behalf of what's re -- I mean, you guys sound confused. Ms. Gomez: No. I'm sorry. Mr. Hernandez: No. Ms. Gomez: The actual business tax -- the actual certificate is called a business -- a local business tax receipt. Each certificate lists out the category for which it -- Vice Chair Spence -Jones: I'm clear on that. Ms. Gomez: -- and so it'll say peddler's if it's a peddler's. It'll say restaurant if it's restaurant. Vice Chair Spence -Jones: Okay, I got you. All right. So just so that we're clear, peddlers will be still included and not a issue so that addresses any other concerns. The only thing that I want to say in closing regarding this issue -- and then we'll go ahead and read this in -- I really want us to -- you know, again, just responding to Mr. Cutler's comments, let's not make this a Black/White/Hispanic issue. The issue today that we're discussing right now is basically a language change. As far as whether or not the people have businesses or they don't have businesses, you know, or they're operating on the streets or they're operating in businesses -- in City ofMiami Page 30 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 small businesses, we have to find room for both arenas. Some people can't afford to pay all of those expenses to run a business. Some people have no choice but to, you know, have a peddler's operation, butt hear on -- I hear from both sides and I hear both sides, but we have to be sensitive to both sides of the equation. But I do not want us to get into whether or not, you know -- I don't want it to become a race issue. That's not what this is about. So with that being said, I'd like for Madam City Attorney to read it into the record. You have clarification -- Mr. Hernandez: Madam Vice Chair. Vice Chair Spence -Jones: -- now? Mr. Hernandez: No, no, no. Just to be totally clear, all that we have here is a change required by the state when you go from what used to be occupational license is now called business tax receipt. The categories continue to be the same as before, whether it's peddler, whether it's restaurant. That's all. Vice Chair Spence -Jones: We're clear. I think we're all clear. Madam City Attorney, are you ready to read this into the record? Julie O. Bru (City Attorney): Yes, Madam Chairman [sic]. The Ordinance was read by title into the public record by the City Attorney. Vice Chair Spence -Jones: Roll call. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. FR.3 09-00991 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX," BY RE -DEFINING BUSINESS TAX, ADDING THE ENFORCEMENT PROCEDURE, UPDATING THE CATEGORY SECTION, AND INCREASING FEES FOR ALL CATEGORIES BY FIVE -PERCENT (5%); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00991-Exhibit-SUBSR. pdf 09-00991 Legislation FR/SR.pdf 09-00991 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Regalado and Spence -Jones Absent: 1 - Commissioner Sanchez Direction by Vice Chair Spence -Jones to the City Manager to consider the option to set -aside a portion of the monies generated by the increase in fees, and to allocate same to the small business community in the City ofMiami. City ofMiami Page 31 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Direction by Commissioner Regalado to the City Attorney to draft a resolution to Miami -Dade County encouraging the county to allow the payment of DERVI license fees on an installment basis, and to bring back said resolution to the City Commission for its consideration. Vice Chair Spence -Jones: All right. So we're going to move on to the next item, FR.3. Then after that, we're going to move to the public hearings for CD (Community Development). FR.3. Diana Gomez: Diana Gomez, Finance director. FR.3 is an ordinance of the City ofMiami Commission, with attachments, amending Chapter 31/Article II of the Code of the City ofMiami, as amended, entitled "Local Business Tax and Miscellaneous Business Regulations/Local Business Tax," by redefining business tax receipts, adding an enforcement procedure, updating category section, and increasing fees for all categories by 5 percent as included in the fiscal 2010 budget. Commissioner Gonzalez: Move it. Vice Chair Spence -Jones: We have a motion on this item. Do we have a second? Commissioner Commissioner Sarnoff Yeah, second. Vice Chair Spence -Jones: Okay, we have a second by Commissioner Sarnoff. This actually is a public hearing, if anyone would like to have comments. Mariano Cruz: Yes. Vice Chair Spence -Jones: Mr. Cruz, yes. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. When somebody called me and complain, look at the next City agenda. Small business person say look, they increasing a fee now 5 -- (UNINTELLIGIBLE) 5 percent. They say they won't raise our taxes, but they increasing our fees, fees, license, and tariff, whatever you call it. It's an increase. So how you -- I mean, I don't know in my semantic how you conjugate no new taxes and then you increase the fees. Would you -- you either pregnant or you're not pregnant. I mean, you increase or you don't increase. But now the guy tell me, he say, look at -- I am paying this license $45 to the -- for the County, and then I find out $15 for the County, 15 for the City, and 15 for the (UNINTELLIGIBLE) County. What do they -- small business get with that $45? Nothing, zip, zero. And also they -- about licenses, a (UNINTELLIGIBLE) guy tell me, you know, now, they want to apply me the use merchandise ordinance or (UNINTELLIGIBLE) for the police to check on the pawn shops. Now, ifI want to sell used tires, I have to get another license, three hundred and some dollars. You said because that's used merchandise. It's a used tires. So I told him, you know what you got to do? Give the tires away, like people like when they cannot sell wine in a restaurant, you give them away or that's what they got to do. They -- because that's wrong. That's exactly wrong. At this time when people want to create jobs and want to do thing, more fees and more (UNINTELLIGIBLE) and more license and more this. Mismanagement in the City. When the City forget to send an IRS a check and get a penalty of $180, 000. I know thing because people call me. People don't come here because they afraid of talking, but they call me and tell me what's going on inside the City. Mismanagement. Wasting. And now you want to increase the fees to the small guy there. I had a small business before, and you know, I got to leave the business because -- pest control business. Before I open the doors in the morning, I got $200 expenses. The EPA (Environmental Protection Agency), everybody was on top of me, and you know what I did. I did the best thing. I quit the business and went to work for the government, for the federal government. That's it. Job security. Nothing to worry about. City ofMiami Page 32 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: In conclusion. Mr. Cruz: Work for the government. Vice Chair Spence -Jones: In conclusion. Mr. Cruz: That's it. In conclusion, no more taxes, no more fees. Vice Chair Spence -Jones: Thank you, Mr. Cruz. Mr. Jones. Leroy Jones: Leroy Jones, 180 Northwest 62nd Street, Neighbors and Neighbors. If the City going to consider or raise the fee, then maybe the City might want to create some kind of program that some of the fees, if not all of the fees, will go back into the small business community. And I -- and that's what I'm offering, I'm proposing. If the City is going to do that, maybe 70 percent of the fees that's generated for it will go into a pool to help the small businesses throughout the City ofMiami. Now -- and I'm going to tell you why that's important. If you own a small business in the City ofMiami, you have to get a certificate of use and a local business tax license. You also have to pay for a merchant license, a retail license; if you sell ice cream, you got to pay for a ice cream license. If you got a microwave, you got to get a microwave license. If you sell hot dogs, you got to get a hot dog license. You also got to get a local business tax license from Miami -Dade County. You also got to get a local business tax license for the City ofMiami. You got to get the beverage license as well as the new determine (Department of Environmental Resource Management) fee and a water fee, so you got ten license you have to pay for if you own a business in the City ofMiami. Just the new DERM license alone, just to get that and a certificate of use, it's going to cost you roughly about $900, just those two things there. That's not counting the merchant license, the retail license, the ice cream license, the hot dog license, the local business tax license, the microwave license, not counting that. We is [sic] taxing small businesses clean out of business in the City ofMiami. We taxing them out. It carry them away, man. Every time we turn around, it's another fee and another license. We don't want small mom-and-pop businesses in the City ofMiami? I tell you what, imagine waking up in the morning and riding around and all those small mom-and-pop businesses are closed and see how the City ofMiami will look. It would look like a third -world country 'cause 90 percent of the businesses that's paying for license in the City ofMiami is mom-and-pop businesses. It's only one major business in each shopping center and the rest of them is mom -and -pops. Vice Chair Spence -Jones: In conclusion. Mr. Jones: You know -- in conclusion, my proposal is while I know fees got to be paid, please consider -- I'm hoping that this don't take place because I don't think that they need another fee, but you know, I'm just one person that working my butt off in the City ofMiami, but if it take place, then I'm requesting that the City consider sitting aside a portion of that money generated to go back into the business community to help them. Thank you. Vice Chair Spence -Jones: Any other comments from the --? Okay. All right, so this item comes back to the Commission. I'd like to -- Diana, I think that that is -- the recommendation that was made by Mr. Jones is actually a pretty good one. This is the first reading, correct? So by the second reading, if we can look at some of the possibilities as options in that, Mr. Springs [sic] to see whether or not that is the case. Definitely, our small business, we've been supporting them for -- you know, frying to keep them alive and having one more issue to deal with is -- you know, it becomes extremely, you know, detrimental to them, but if we can look at alternatives or things that we can do out of those resources, I think that makes a lot of sense. But I do want to ask this question real fast. What is the --? We know why we have to make the increase, and I want to make sure that I'm clear on that. We have to make the increase because -- increase to these businesses because of what's going on financially in the City, period, you know. So it's not like City ofMiami Page 33 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 we're doing this because -- as a matter of fact, I'm not really sure -- when was the last time this tax was increased. Larry Spring: Larry Spring, chief financial officer. The last time this fee was increased was 1995. Vice Chair Spence -Jones: Okay. So we haven't had a fee increase until [sic] 1995. Mr. Spring: And I want to also add, the business tax receipt (UNINTELLIGIBLE) notices have already been mailed out to all the businesses. We're doing this 5 percent increase because it is allowable under the code now as a part of our overall budget increases. The expected impact is limited in this upcoming fiscal year to about 300, 000. If -- if all of them would have done it, it would have been 300, 000. So since they've already gone out, people have already started paying them, we don't expect to -- people to be impacted by this 5 percent increase this year. It'll be the next fiscal year. Vice Chair Spence -Jones: Okay. Mr. Spring: We will -- obviously, this Commission has talked on several occasions about the issue of the licenses that are -- the businesses are having to pay. Vice Chair Spence -Jones: Yes. Mr. Spring: And we are -- in these ordinances, we are consolidating some of those fees so it's not ten or eleven or twelve of them. We now are down to (UNINTELLIGIBLE) a few. Now, we can investigate -- and obviously, I've given this some thought. We do have other resources that the City gets to provide for economic development -type activities to small businesses through our CDBG (Community Development Block Grant) funding and our entitlement dollars, so we possibly could develop a program that could assist through that, you know, utilize all of our resources to develop a program that helps to lessen the impact on the small businesses in the City. Vice Chair Spence -Jones: Right. But think, specifically, what Mr. Jones is talking about, he's talking about the monies -- Mr. Spring: A portion of this. Vice Chair Spence -Jones: -- that are actually -- Mr. Spring: And we'll look at it. Vice Chair Spence -Jones: -- you know, collected from those -- from that amount, not -- any new businesses however, you're saying the tax bill has already gone out for this year. Mr. Spring: All of the bills have gone out for everybody. Vice Chair Spence -Jones: But any new -- Mr. Spring: But any new ones, yes. Vice Chair Spence -Jones: -- but the new businesses will be affected with the 5 percent increase? Mr. Spring: Correct, correct. Vice Chair Spence -Jones: Okay. So, if we can before this item comes back, at least consider City ofMiami Page 34 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 that as an option. And, Mr. Jones, if you can, maybe perhaps sit down with Finance and CD (Community Development) to see if there's a creative way that we can come up with something for our small businesses because we do realize how important it is to support them in our neighborhoods. All right, with that being said, any other comments from the dais? Okay. All right, Madam City Attorney, please read it into the record. Ms. Bru: An ordinance -- Vice Chair Spence -Jones: Yes. Commissioner Regalado: Madam Chair. Vice Chair Spence -Jones: Commissioner Regalado. Commissioner Regalado: What Leroy said not only makes sense, but his point is one that we haven't addressed or we did talk about it for, I guess, a while on another Commission meeting, and it's the DERMrequirement. The DERM requirement apparently is just a new thing, and it is important because it's the biggest chunk of payment and the City is not allowed to, I guess, issue any license if the people have not had the DERM and WASA (Water and Sewer Authority) license. What would like to propose is that maybe the City Attorney will come back with a formal resolution to the County Commission for them to at least allow the business to pay in installments the different DERM license fees because -- I mean, it is -- we open an office, and the biggest chunk was DERM and WASA, which is not City ofMiami at all. The City ofMiami was like $100 and WASA, $700, which it doesn't make sense at all. So -- I mean, there are five County Commissioners that their constituency is within the City ofMiami, and I would think that all of them will be interested in listening to what this board has to say, but you know, the County keeps adding fees and fees and requirements, and then the City has to follow that. And I don't know if we can get out of that or if we can ignore that, butl do know that it's a real burden on the local business. So I don't know, Madam City Attorney or Mr. Manager. Vice Chair Spence -Jones: Commissioner Regalado. Commissioner Regalado: Yes. Vice Chair Spence -Jones: I don't know if you notice that, but that was one of the items I had on my blue pages today -- Commissioner Regalado: Okay. Vice Chair Spence -Jones: -- to have a full discussion on -- Orlando is prepared to -- Unidentified Speaker: Right. Vice Chair Spence -Jones: -- actually do a report on that because -- Commissioner Regalado: Well -- Vice Chair Spence -Jones: -- now I'm not the only one that's having the issue in my district; Commissioner Gonzalez, it seems or appears that you may be having the same issues with your businesses, and I know at one time or the another Commissioner Sarnoff has also brought that up as an issue. So I think all of us are having this same issue, and that's why I wanted to have clarity today, and it was on my blue pages to have clarity on this issue. Commissioner Regalado: And I -- City ofMiami Page 35 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 FR.4 09-01064 District 3- Chair Joe Sanchez Vice Chair Spence -Jones: We do have additional -- Commissioner Regalado: -- it's the right thing, yes. Vice Chair Spence -Jones: -- businesses that are going to be attending for the blue page presentations that are across-the-board in every district, but if you want to address it now, we can address it now. Commissioner Regalado: No, no, no, no. I just wait. I just wait for your blue pages. Vice Chair Spence -Jones: No problem. Commissioner Regalado: Thank you. Vice Chair Spence -Jones: Alrighty. So we had a -- do we have a motion and a second on this item? Priscilla A. Thompson (City Clerk): Yes, we do. Vice Chair Spence -Jones: Okay. Madam City Clerk -- I mean, City Attorney, would you read this into the record? The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Madam Vice Chair, before I take the vote, I have in my hand a substitution to our FR.3. Diana Gomez (Director, Finance): Diana Gomez. There was a substitution. There's a typographical error in one of the items, a mathematical error was listed as $27 instead of 28, so we made the correction. We handed out the substitution at the agenda review. Ms. Thompson: So then we'll be showing this first reading as modified. 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. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18, ARTICLE IX, DIVISION 2 ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES" BY EXPANDING THE BASIC FINANCIAL POLICIES AND REQUIRING THAT FUTURE COLLECTIVE BARGAINING AGREEMENTS BE SUBMITTED TO THE FINANCE COMMITTEE FOR ITS RECOMMENDATION PRIOR TO RATIFICATION BY THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01064 Legislation SR.pdf Motion by Chair Sanchez, 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 Vice Chair Spence -Jones: We're back to F -- City ofMiami Page 36 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: FR.4, right? Vice Chair Spence -Jones: -- R.4. Chair Sanchez: All right, FR.4. Let me pass the gavel to Commissioner Sarnoff; Vice Chair not on the dais. Commissioner Sarnoff All right, FR.4. Chair Sanchez: Could I be recognized? Commissioner Sarnoff Yes, sir. Chair Sanchez: Thank you. Mr. Manager, colleagues, I will be presenting four legislative items today that are financial reform legislation for the City. There is no doubt that if there's one thing that caught my attention that was said here when the unions approached this legislative body was that they stated that we needed to get our house in order before we could get their house in order, and I do agree with them on that aspect. Now, these four reform legislations that will be presented today, the first one is clearly one that clearly identifies a responsibility of a committee that although it is established by resolution, we will be changing that to create it by ordinance. It's a committee of professional volunteers of this city who have the expertise to advise this City on the economics of the city. They gave a report to us recently which clearly detailed how the City's pending agreements with its four unions are creating a salary and pension burden that will bankrupt this city unless modified. Their report was very clear, that we needed to take certain steps to get this city back on track, back on financial frack. We have derailed for too long. We need to get this city back on frack. This is, by far, legislation which clearly describes best practices. For now, these are the experts that have given us the advice, and I think it's important that we add another filtering process to assure fiscal responsibility. From now on, we need the experts -- volunteers of Finance Committee to review union contracts before they come to the City Commission for action. I think it's a step in the right direction for them to review that. Now, this legislation also empowers the Finance Committee experts to review memorandum of understandings [sic] that have cost this city millions of dollars, and let me just elaborate on what memorandum of understandings [sic] are. Those are actions by the City Manager that could add to salaries and pension costs to this City before it's enacted. Therefore, those memorandum of understandings [sic] don't even come in front of this Commission, and that's alarming. So therefore, this committee will be required in the future to review all the collective bargaining agreements and be submitted to them for recommendations prior to ratification by the City Commission. So once again, I believe that this is a legislation that will help us make sure that we do have a second opinion when it comes to collective bargaining, it adds to our best practices, and overall, I think it's another filtering process that assures fiscal responsibility for this city. So therefore, I would move FR.4, which is an ordinance on first reading. Commissioner Gonzalez: Second. Commissioner Regalado: Discussion. Chair Sanchez: I'm not the Chair. I passed the gavel to -- Commissioner Regalado: Oh. Commissioner Sarnoff I'm sorry. I apologize. Chair Sanchez: -- it is my legislative item. Commissioner Regalado: Oh, okay. City ofMiami Page 37 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Yes, sir. You're recognized. Commissioner Regalado: Okay. Just to understand -- and I do support that -- it's -- are we creating another committee or the Finance Committee should have this authority? Chair Sanchez: It is the same committee, Commissioner. Commissioner Regalado: It is the same committee. Chair Sanchez: The same committee. However, the changes that need to take place is that the City Attorney will have to rewrite this to make the Finance Committee a full-fledged board created by ordinance. At this time, it is created by resolution. Madam Attorney, could you elaborate that for the Commission? Julie O. Bru (City Attorney): Our Code requires that when you're going to create or establish a board that's going to be in existence for more than one year, it has to be created by ordinance and pursuant to some requirements that your ordinance has in place. So this committee that the Chairman's referring to has been in existence, but just by virtue of a resolution. So what we will be doing is formalizing the existence of that board. Commissioner Regalado: Yeah. Because on the Code, Article IX, Paragraph 12, it says "Evaluation Committees," and it states that this committee should review City solicitations, requests for proposals, and all collective bargaining contract issues. So this -- the Code says -- so the Administration has not send the contracts to the Finance Committee in the past? Chair Sanchez: That is correct, Commissioner. Commissioner Regalado: It hasn't? Chair Sanchez: Has never sent any of the collective bargaining agreements to that committee. Commissioner Regalado: But it's in the Code. Chair Sanchez: Well. Ms. Bru: Yeah. It appears that in your financial integrity principles, there was already a requirement that committees be created to the extent feasible for that purpose. It just hasn't happened. Commissioner Regalado: Okay, but it's in the Code. They should have been sent, so I think that it would help to have those citizens to look into it, but still, looking at the Code, it should have been sent to them. Chair Sanchez: But the issue -- Mr. Hernandez: Commissioner, if -- Commissioner Regalado: No, no. I understand -- Mr. Hernandez: -- I may for a second? Commissioner Regalado: -- the issue, but I am saying -- Mr. Hernandez: I think that we're all supportive of this, but this -- any kind of a board that City ofMiami Page 38 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 extends its life beyond a year needs to be created by ordinance, and the Finance Committee, I don't think, has had that full-fledged authority in the past, and I think that's important. Commissioner Regalado: Okay, just -- Chair Sanchez: And that's the whole point here. I mean, if we're going to have a board that is a -- consistent [sic] of volunteers and are professionals, they must have the proper authority, under the existing, which is a policy -- which created by policy, they don't have the proper authority. Based on the ordinances, you'll be giving them the proper authority to be able to review the contracts, and therefore, giving them an opportunity to have more teeth in the process. So that's what this ordinance does. Madam Attorney, it is on first reading. I think we need to tweak some things on it before second reading, is my understanding, working with your office. Ms. Bru: Right. And we'll bring then the ordinance establishing the Finance Committee, which, of course, the Manager has to provide certain information under the Code for the creation of that board, or at least to formalize its existence. The Ordinance was read by title into the public record by the City Attorney. Commissioner Sarnoff All right. Prior to going to a vote, I'd like to open up a public hearing. Mariano, you're recognized. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. I'm going to talk about this because when they mention finance expert. All this mess we get now, finance (UNINTELLIGIBLE), all this expert. No. Wall Street, junk bonds, all this, all that. Those financial experts (UNINTELLIGIBLE) get -- they are there for the work (UNINTELLIGIBLE) school of business, all the blah, blah, blah, blah, blah, blah. Don't get me --I was a union organizer for many years in the late '60s and early '70 with the BRAC, Brotherhood of Railway and Airline Clerks and with a SEIU, Service Employees Union, and I went there, and there were many people. They didn't have a big -- they -- (UNINTELLIGIBLE), but they got common sense, common sense. They don't sell common sense in Wal-Mart or Walgreen's. You have to have that, and they should give it to you, and that's it. And as long as to simplify this, you know what used to tell the people. I sat in many -- many times discussing contracts on that, and many of my brothers who -- of the brotherhood used to say, no. I want 60 percent (UNINTELLIGIBLE) I told you. Listen, 40 percent of something is 40 percent; 60 percent of nothing is zero. That's what we going to get. Seventy per -- oh, yeah, big (UNINTELLIGIBLE) your ego. Look at this. And I told him (UNINTELLIGIBLE) working (UNINTELLIGIBLE) I work picket line with National Airline people. Where is National Airline now? What is it? Huh? What is it or any of those things? Or whatever. The big ego. So remember, I tell that to the union people here too. And I was a union organizer. People were killed in taxi driver strikes in 1970 here; 1968, I was there in the picket lines, okay, so I know what I'm talking about. And it is good to simplify, it's going to help him, fine, but the way the City is with this economic things, people making 300, $400, 000 a year, more than President Obama or anybody. No, that can't be. What about the people on the street that make 7, $8 an hour? Or the people working for the City cleaning graffiti or working outside, making $8 an hour -- Commissioner Sarnoff Mariano. Mr. Cruz: -- without benefits. Commissioner Sarnoff Mariano, in conclusion. Mr. Cruz: Okay. That's it. No. In conclusion. City ofMiami Page 39 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Thank you. Mr. Cruz: I am for that, as long as -- Commissioner Sarnoff Thank you, Mariano. Mr. Cruz: -- you help it. Thank you. Commissioner Sarnoff We will certainly recommend that you sit with Pete Hernandez and the coordinated collective bargaining. All right. We have a vote -- do -- we have a motion and a second. We have --oop, sorry. Could you state your name for the record. Joseph T. Longueira: Joseph T. Longueira. I'm the president and Retired Fire and Police Association. The only thing -- comment I'd like to make is I don't see where there's any requirements or dates on timelines on their responsiveness so that this committee doesn't become a tool in the game of collective bargaining, okay. That's a concern I have. Commissioner Sarnoff Do you have any recommendations for us on second reading? Mr. Longueira: You've just got to add some timelines that they have to be responsive back to the Administration and the Commission so that this can get on the agenda and pass when needed. Commissioner Sarnoff I think that's something we need to look at for second reading. I think he's right. I think it could be used as a tool. And I think -- Ms. Bru: Well, it is provided here that said recommendation shall be provided to the Mayor and City Commission not less than ten days prior to consideration of said agreement for ratification, but we will straighten language to make sure that it's clear that it's -- that they require a specific date of response. We'll address it. Thank you. Commissioner Sarnoff All right. So we have a motion. We have a second. The ordinance has been read into the record. Madam City Attorney [sic], roll call. Madam Clerk. I apologize. 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.5 09-01065 ORDINANCE District 3- Chair Joe Sanchez First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 4 ENTITLED "CITY OF MIAMI ELECTED OFFICERS' RETIREMENT TRUST" BY FURTHER LIMITING THE ELIGIBILITY OF FUTURE ELECTED OFFICERS AND INCLUDING A TERMINATION PROVISION FOR THE EXISTING TRUST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01065 Legislation FR 10-8-09.pdf 09-01065 Legislation SR.pdf Motion by Vice Chair Spence -Jones, seconded by Chair Sanchez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones City ofMiami Page 40 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Direction by Commissioner Regalado to the City Manager to provide a report, along with its impact, on the possible reduction of the pension plan for elected officials in the future. Note for the Record: Item FR.5 was deferred to the Commission meeting currently scheduled for October 8, 2009. Chair Sanchez: Mr. Chairman. Commissioner Sarnoff You're recognized, sir. Chair Sanchez: FR.5 is another legislation based on reform -- financial reform for the City. Let me just give you a little history about the Miami Elected Officials' Retirement Trust. It was established in September 8, 1994, also known as the EORT (Elected Officials' Retirement Trust). That was established at a time when it was adopted when the members of the Miami Commission were paid a salary of $6, 000, and this was established as compensation for their services. In 2003, the voters of the City ofMiami, through a referendum, increased the salaries of elected officials to $53, 000, and via that referendum, which fixed the salary compensation of the members of the City Commission of $58, 000, it added a burden to the Trust. And let me just tell you why I brought this up. We are facing a crisis right now that we know that it's going to be even bigger next year. This legislation basically does away with elected officials retirement trust for new elected officials that come in to include the next Mayor of the City ofMiami, which will not have, if we're able to approve this ordinance, would not have a pension. It is done simply because, ladies and gentlemen, history says it clear. When this was established, it was because Commissioners were being paid $6, 000, and they needed to be compensated because of the lack of money that they receive in salary based on a pension. Now, I want to make it very clear that as for the Commissioners that are here, four of the six seated elected officials have already vested in their pensions, and the remaining two are half -way towards vesting, and it would be unfair for us to take away their pension. I want to make that very clear. But think that we could all agree that newly -elected officials coming in -- when the new elected officials are elected -- and we should have several Commissioners and hopefully a new Mayor -- those individuals should not enjoy the elected officers' [sic] retirement plan. Ladies and gentlemen, these are different times. These are tough times. Commissioners now have a good package. Our total package is $104, 000. The Mayor has also a good salary. And therefore, I believe this is a right step to once again lead by an example to show the residents of the City ofMiami that we are on our way back to track, which is fiscally responsible. Fiscal responsibility is something that we have here to the taxpayers, and therefore, when we're able to pass these legislations, we could sit down with the unions and fry to work with them to try to lower the burden that continues to fall on the taxpayers of the City ofMiami. So therefore, I am presenting this ordinance on first reading, so I will move FR.5. Commissioner Sarnoff We have a motion. Do we have a second? Vice Chair Spence -Jones: Second. Commissioner Sarnoff Second by Commissioner Spence -Jones. Vice Chair Spence -Jones: (UNINTELLIGIBLE) just for discussion real fast. Commissioner Gonzalez: For discussion. Commissioner Sarnoff For discussion. Vice Chair Spence -Jones: I think that there's just going to be a slight amendment -- Priscilla A. Thompson (City Clerk): I'm sorry. I don't-- Commissioner -- City ofMiami Page 41 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: I'm sorry. Madam City Attorney, I believe there's -- this is the first reading anyway, so it comes back to second reading, correct? Julie O. Bru (City Attorney): We're going to continue to work with this to make sure that it reflects exactly what it is that the Chairman is proposing, and I -- there is some language that needs to be tweaked so that it's clear of what's intended. Vice Chair Spence -Jones: Okay. Did you have a comment, Commissioner? Commissioner Gonzalez: Yes, I do. Vice Chair Spence -Jones: Okay. Go ahead. Commissioner Gonzalez: Well, first of all, I have always had the practice of respecting other people so I can demand their respect. And I believe it's totally out of place -- and that is my personal opinion -- for us to be determining what the next Commissioner sitting on this dais should do about their retirement trust. I mean, it's very simple an issue to do that when you're leaving the Commission, and I don't think it's fair for whoever the next Commissioners are or whoever the next Mayor is going to be. Let the new Mayor and let the new Commissioners decide what they want to do about their pension and about their benefits with the City. That is my personal opinion. I cannot support this, and I don't think it should be up to us because two of you are leaving the City Commission on November 2. Supposedly, one of you is going to be Mayor, and then another two new Commissioners are going to come in and are going to be sitting here doing exactly what we're doing now, and they should be the one to determine what plan they want to use, if they want to have any plans, if they want to make the ultimate sacrifice, you know, because you're talking about prior Commissioners making $6, 000. Oh, well, I was one of us [sic], okay. But I guess their retirement was maybe fifty cents a month, making $6, 000 a year, you know. I know it's time of politics. I know that it's part of politics to use every tool and to fry to use any and all things to -- for your political agendas, but you know, once again, I like to respect other people so I can demand respect, and I don't think -- I'm not in favor of imposing on future Commissioners, you know, what they should do with their pension. I mean, if they -- once they are elected and once they are sitting here, they will know what the situation is with the City, and then it will be within their conscience to make the decisions, the right decisions on what -- how to proceed and what to do. I also got a memo here where -- or an amendment on a study or whatever that was handed to me by Larry where would be reducing the pension of two elected officials that are sitting on the dais by 25 percent. Vice Chair Spence -Jones: Okay. Can I --? Chair Sanchez: Whoa, whoa, whoa, whoa. Commissioner Sarnoff Wait, wait, wait, wait. Let -- go through the -- Chair Sanchez: Let's address that. Commissioner Sarnoff I don't mean -- let's -- Vice Chair Spence -Jones: Well, actually -- Commissioner Sarnoff -- complete Commissioner Gonzalez's question. Vice Chair Spence -Jones: -- was -- right, and let him complete, but I deferred to him for a moment in the midst of my comments. City ofMiami Page 42 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff Are you willing to continue your yield? Commissioner Gonzalez: Yeah, I yield. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff You'll yield? Commissioner Gonzalez: I will yield. Commissioner Sarnoff Go back to Commissioner Spence -Jones. Vice Chair Spence -Jones: Okay. We just actually got this document not even two seconds ago. Larry Spring (Chief Financial Officer): Yes. Vice Chair Spence -Jones: Okay. Literally, Larry just walked by. I thought this was for FR.6, but it's actually for FR.5. Mr. Spring: Right. Vice Chair Spence -Jones: So what I would ask --I would like to withdraw my second. I think that you guys need time to work on this issue and bring it back at the next meeting, only because we're just getting -- I'm just getting this right now. Mr. Spring: Can I make one clarification, Mr. Chair? Commissioner Sarnoff Yes, sir. You're recognized. Mr. Spring: Larry Spring, CFO (Chief Financial Officer). The item that I passed out was actually in response to a directive from the budget hearing a few weeks ago. We just got that letter. It was not specific to the item that is being brought. Chair Sanchez: It is not -- there is no reduction. I made that very clear. Mr. Spring: Right. Correct. So I handed it out in re -- Vice Chair Spence -Jones: I know. Mr. Spring: -- 'cause we had the information, so I just want to make that clear. Vice Chair Spence -Jones: But, Larry, I would rather my team, we go through it and -- Mr. Spring: Absolutely, Commissioner. Vice Chair Spence -Jones: -- fully understand what it is. Mr. Spring: I understand. Vice Chair Spence -Jones: So I'm going to withdraw my second and just ask -- Commissioner Gonzalez: You said there is no reduction? Chair Sanchez: None. City ofMiami Page 43 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Spring: No, no, no, no. No. What I said was -- Commissioner Gonzalez: Wait a minute. Mr. Spring: -- the report that you have is in response to a directive that the Commission gave us regarding the elected officials' pension. They wanted us to look at a couple scenarios. We just received the report from the actuary and it is a very quick, fast analysis, so it is not specific to the item. Chair Sanchez: But it is not specific to this ordinance -- Mr. Spring: Correct. Chair Sanchez: -- whatsoever. Commissioner Gonzalez: But it will affect -- Vice Chair Spence -Jones: It will impact. Commissioner Gonzalez: -- Commissioner Michelle Spence Jones and it will affect -- Chair Sanchez: No. Commissioner Gonzalez: -- Commissioner Sarnoff. Mr. Spring: Separate from the ordinance, this -- Commissioner Gonzalez: Listen -- Mr. Spring: -- scenario -- Commissioner Gonzalez: -- I am -- Mr. Spring: -- yes, will affect -- Commissioner Gonzalez: -- vested; I don't have a problem. Mr. Spring: No, no. Absolutely. Commissioner Gonzalez: I know that I don't have a problem. Commissioner Sanchez is vested; he doesn't have a problem. And Commissioner Regalado is vested, and he doesn't have a problem. Mr. Spring: No, no, no, no, no. Commissioner Gonzalez: And either one of them that becomes Mayor is going to be getting a retirement as a Commissioner and a salary as a Mayor, okay, so there's no problem. The people that going to be affected here is going to be Commissioner Spence -Jones and Commissioner Sarnoff, which are going to be taking a 25 percent reduction if this is approved. Chair Sanchez: No. Mr. Spring: Again -- Commissioner Gonzalez: Yes, sir. City ofMiami Page 44 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: No, no. Commissioner Gonzalez: Read it. Vice Chair Spence -Jones: That's what I'm saying. Listen -- Commissioner Gonzalez: I just read it. Chair Sanchez: But we're not approving this. Mr. Hernandez: Mr. Chair. Commissioner Gonzalez: Even though -- Chair Sanchez: This has nothing to do -- Commissioner Gonzalez: -- you sent it to me, I just read it. Mr. Hernandez: The report that was handed by Larry -- maybe it was untimely because it doesn't -- Commissioner Gonzalez: Well, as usual, as usual. Mr. Hernandez: No. No, no, no. Commissioner Gonzalez: That is the problem. Mr. Hernandez: Commissioner -- Commissioner Gonzalez: That is the problem that happens here -- Mr. Hernandez: No. Commissioner Gonzalez: -- and I have to say it and say it and say it and say it and say it, you know. We had -- when was the last budget hearing? Two weeks ago, right? We get this at the last minute -- Mr. Hernandez: No. Commissioner Gonzalez: -- at the time of voting on an issue, here it is; vote on it -- Mr. Hernandez: No. No, no. Chair Sanchez: We're not voting on it -- Commissioner Gonzalez: -- you know. Mr. Hernandez: Commissioner, the report does not deal with the item that you have before you right now. Chair Sanchez: We're not voting on that issue. Commissioner Gonzalez: Well, why was it handed to us then? City ofMiami Page 45 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: No, no, no, no. Mr. Hernandez: It's -- it relates to another question that was asked two weeks ago, but it doesn't relate to the item that you have before you today. Vice Chair Spence -Jones: Mr. Manager, I think what the issue really is is just being briefed to it prior -- I know -- I don't know if you just got this off the fax. Is that what it was, Larry? Mr. Spring: It was just e-mailed. Vice Chair Spence -Jones: It was just e-mailed. Chair Sanchez: I think it would be best -- Madam Attorney, could you just explain the modification? That's the -- the only way we're going to clear this is by you explaining it. This has nothing to do with this legislation, whatsoever, nothing. Vice Chair Spence -Jones: She's just getting it. She (UNINTELLIGIBLE). Commissioner Gonzalez: I know it doesn't. Commissioner Regalado: Can I -- Commissioner Gonzalez: I know it doesn't have to do anything with this. Commissioner Regalado: Mr. Chairman. Chair Sanchez: Okay. Madam Attorney. Commissioner Sarnoff All right, let me take control of this. I'm going to have -- I'm going to recognize Commissioner Regalado. Commissioner Regalado: Just a point. I think that Commissioner Gonzalez has said something that it needs to be said here because it's the reality. The two mayoral candidates are vested, so regardless of this ordinance, the next Mayor, when he retires, will get the pension. I don't think that an employee can get the pension and the salary. I don't think so, nor it's moral, but -- so the next Mayor is going to get a pension anyway because the two persons are already vested, so probably the nextMayor or the other Commissioners, so it's a little uncomfortable because it looks that -- and by the way, I guess I started the whole thing by asking about reducing my pension 25 percent and all that. That was the whole thing that brought, I guess, this letter, but I think that the people need to know that the nextMayor, whoever that person is, is already vested and it will get a retirement as a commissioner, not as a mayor, but as a commissioner. Thank you. Commissioner Sarnoff All right. Commissioner Sanchez -- Chair Sanchez: All right. Commissioner Sarnoff you're recognized. Chair Sanchez: I want to make it very clear. The nextMayor of the City of Miami, if we approve this ordinance, will not be getting a pension as a mayor. We all agree that we are all -- three of us are vested here. That I understand. But let me just clarify one thing because I have the outmost [sic] respect for all my colleagues. First of all, I think this is not a political move. I think this is a morally correct move. I basically have cleared for the record why this has been established. This retirement fund for elected officials was established back then when elected City ofMiami Page 46 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 officials were getting $6, 000 a year. The taxpayers and the voters of the City ofMiami in 2003 voted for a salary for us to receive $58, 000. Once again, our total package is $104, 000. I think we're being compensated well. In these financial crisis that we're facing, I think it is just and appropriate for us to lead as an example and say that future elected official -- and no one here is being affected. Forget about the memo that was turned in at the last minute. No one here is being affected. It has come a time where you have to draw the line on the sand to get this city back on financial tracks, and we could ignore it. We could say, hey, you know, things are going to get better. The next group of elected officials are going to get this city back on track, but we cannot do that. And if we're going to sit down and negotiate in good faith with our unions, we need to lead as an example, and the time has come where it is now. What we could say is the buck stops here. This legislation is a good legislation. It's a good legislation because it clearly says that ftom now on, anyone who gets elected in this city for eight years does not get a pension for the rest of their lives. How can we negotiate with the unions in good faith in coming times when we have not made sacrifices and we are not leading by example? This is a good legislation. If it's the will of my colleagues to table it, defer it, and have the Administration work out some kinks on it, I'm fine with it, but I'll tell you this much. This is a step that this city needs to get going. If not, then you cannot look at somebody in the eyes and tell them that they need to get their house in order. We need to get our house in order so we could force them to get their house in order. Commissioner Sarnoff All right. Any further discussion on this? Mr. Cruz: Yes. Commissioner Regalado: Yes. IfI may? Commissioner Sarnoff Yes, sir. You're recognized. Mr. Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street, in Allapattah. You know, I sat there. I wasn't going to say anything, but laugh when I hear about this financial problem. (UNINTELLIGIBLE) happening in the last one, two, three, or four years? It was (UNINTELLIGIBLE) financial problem? You know, you didn't see it coming. Now, the Mayor's pension is going to fight all this? Where were you when all of you -- (UNINTELLIGIBLE) gave the Orange Bowl land to Loria and the Marlins and the County when we get 30-something million dollars for the American Airlines land on Bicentennial? How come we didn't get money from that land there, 30-some million. That would be a lot to plug the hole that we got there, okay. So -- and also, you know, I've been thinking of running for Commissioner of District 1, so now ifI don't get retirement, I don't think I'll be running then. Vice Chair Spence -Jones: Thank you. Commissioner Sarnoff All right. Let me just open the public hearing up. Public hearing is opened, and the public hearing is closed. Commissioner Regalado, you're recognized. Commissioner Regalado: Thank you, Mr. Chairman. I just think the Chairman said that he's willing to bring back this in the next meeting and after a study. And I agree, we need to lead by example. And so I -- like I said, I still need to understand because I have been talking to the City Attorney and to the Administration and found out that individually, you can do anything with part of your pension, so I would just like to ask to have a report, if you're bringing this back. Should -- for instance -- and I understand that there is no way that anybody can get or can give away more than 50 percent. Fifty percent is yours, like nobody can take it away, but the rest -- or 75 percent or something like that. So I want to understand, should I, for instance, offer reduction of my individual pension for the future 25 percent, 50 percent? Would that -- what impact would that have --? But need the Administration to understand that, you know. But this is individual. This is not -- this is just me, and I consulted with the Administration and the City ofMiami Page 47 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 attorney, and this can be done individually, not collectively. So this is about only me, but I just want to understand what impact, and if the Manager would try to help us understand because I see this here, but it's lump -sum. So I just want to say that would like to have that information. Commissioner Sarnoff All right. Any further comment? All right, then I'd like to say something. First, I want to second the comment -- the sentiment, I should say, of Commissioner Spence -Jones and Commissioner Gonzalez. I really enjoy getting things, as I sit here, and I really enjoy the fact they're not red -lined, and I want to tell you thatl didn't tolerate it with the Marlins; I won't tolerate it now. I don't know what changes were made and what changes are not made. I don't know why you would hand something to us -- Mr. Spring: That is not -- Commissioner Sarnoff -- no, no, no, Larry. I'm -- Mr. Spring: That is not the ordinance, Commissioner. Commissioner Sarnoff -- I was handed -- here's what it says. Mr. Spring: That is not the ordinance, Commissioner. Commissioner Sarnoff Listen to me, Larry. Says substituted FR.5. Mr. Spring: I'm not -- that -- I didn't give that -- Commissioner Sarnoff I wasn't looking at you. If you feel guilty, don't feel the need to approach the dais. Mr. Spring: I just need to correct the record. Commissioner Sarnoff I understand. But I'm handed a substituted of FR.5. I don't know what changes are implemented in substituted FR.5. If somebody brings it to my attention, I can make an informed decision. Then -- now you can complain, Larry. Now I'm handed a September 23, 2009 document from Mercer. I haven't read one word on here, nor would I read one word while I'm up on this dais 'cause I try to pay attention to what is and is not said. I have no idea whether this affects or does not affect the pension, but will read it. And just to be consistent, as you all have seen time and time again, when attorneys get up here in PZ (Planning & Zoning) items and they say to us "I move that all the previous discussions from the PAB (Planning Advisory Board) and whatnot be hereby inserted into this record, " and I place on the record, "Let the record reflect I have not read or been provided that information." I refuse to be told what I'm supposed to know, but will follow the obligation of reading what is provided to me and acting in the best interest of the citizens ofMiami. Now, whether this is political or not political, one thing is missing, and that is an ERISA (Employment Retirement Income Security Act) analysis. Madam City Attorney, do you have in your possession an ERISA analysis from a qualified attorney? Ms. Bru: No, we don't. Commissioner Sarnoff Can you explain to the other Commissioners what an ERISA analysis would tell you? Ms. Bru: Well, this is a retirement plan, and as with all retirement plans that involve deferring some compensation and so forth and so on, there has to be some analysis to make sure that it's compliant with IRS regulations and the ERISA act. Commissioner Sarnoff Can you --? City ofMiami Page 48 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Bru: And that would be done between first and second. Commissioner Sarnoff What -- how could -- wait, wait, wait. You're going to get an ERISA analysis -- first, you're going to have a Commissioner read into the record and vote on something that could violate the Employment Retirement Income Security Act. You're suggesting that is an appropriate way for this Commission to proceed. Ms. Bru: No, Commissioner. The Chairman wanted to put an item on the agenda. It is his prerogative to do so. If there are issues that come up -- and we did recommend that this be reviewed by our plan administrator, and -- but I am not the one that would tell him not to put something on the agenda. Commissioner Sarnoff Well, I'm a little curious because any kind of ordinance that is sensitive to finances -- very difficult for Commissioners to get their own on there, and I'm just curious, politically, how this was placed on there. But let me just say something in regards to compensation, just in general. This body, which I would suggest to you, if you read the 401-page book, I like to call it, of the compensation structure for the City ofMiami -- I believe this Commission ends up on page, I think, 360. You ask us to set the guidelines, the policies, the salaries of every City ofMiami employee to some extent and you do so and you don't even concern yourself how you're compensating the people that make the decisions, the people that are on the front, the very front line, the tip of the sphere, and it's easy to say, well, let's not give them retirement, and maybe, Commissioner, maybe they shouldn't get a defined benefit plan. Maybe they should lead by example and get a defined contribution plan, which is what is bankrupting this city, the fact that there is a defined benefit plan. I like to call those pensions. Defined contributions plans are more oftentimes referred to as 401 a's, like the rest of the country. Don't have a problem with that. But for anyone to start cutting into what was good policy in 2003 that attracted people to this job, that compensated people for making decisions -- look at the decision that's going to made at 5 o'clock this afternoon -- probable be made around 1 o'clock tonight -- about the lives that it will affect. Nobody up here doesn't have a heart and doesn't have a brain and doesn't care what their vote means. Everybody up here does. You know, I may represent what I perceive to be more of the taxpayers; Commissioner Spence -Jones, with all due respect, may represent what she perceives to be more of the people that need some of the taxes, but that is why there's five people up here, and that is exactly what we're supposed to do is debate, consider, contemplate. Commissioner Gonzalez brings a dearth of common sense. That's why there's five of us. One complaining he's paying too much. One complaining there's not enough, and somewhere in between there's going to be a consensus reached. And no, it's not easy, and that's not always pretty, nor is democracy designed to be pretty or easy. But to turn around and start reducing compensation from Commissioners that are on the very tip of the sphere, I really think that is the backslide you're going to find the City ofMiami facing because you want to attract the most qualified, most inspired people you can to run for this office. And let me tell you something about the five living up here. It is not the easiest thing in the world to do to get elected in the City ofMiami. There is a balance you have to come to. There's a philosophy you've got to grapple with. And it's not easy to get elected in the City ofMiami. In some respects, I would bet you the City ofMiami would qualify as one of the top 15 most difficult places to be elected and what it takes to get here. So I'm not saying I won't support this because I actually think a defined contribution plan might not be a bad way of going. I'm not convinced that this doesn't violate ERISA. I'm not convinced the way that we compensate our staff -- just Commissioners now -- does not violate ERISA. I'm not convinced you don't have a little mini fire fee brewing there, but I think what we need to do is find out, before I vote for anything, whether we're going to violate federal law. And I admonish the City Attorney for not instructing that there be an ERISA analysis as to what this Commission can and can't do before it violates federal law. I'll put it to a vote. You have a fir -- you do not. No, I apologize. We have a -- we had a motion -- City ofMiami Page 49 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: I withdrew -- right. Commissioner Sarnoff -- and a withdrawn second. Vice Chair Spence -Jones: I withdrew my second, and I -- my comment, Mr. Chairman, was for the City Manager and the City Attorney to bring this item back after we've been thoroughly briefed on what the options are. Chair Sanchez: Andl believe the appropriate motion would be to defer the item to October 8, which I will continue to champion this legislation. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff Is that a motion? Chair Sanchez: No, I'm not making the motion. I'm pushing for this. Vice Chair Spence -Jones: It's a defer -- so I -- I guess I have to -- Commissioner Sarnoff All right. So we have a motion. Is there a second to Commissioner Sanchez's FR.5? Vice Chair Spence -Jones: There's a second to defer it to October 8, yes. Commissioner Sarnoff Is there a second --? Vice Chair Spence -Jones: Madam Clerk is saying no. She's shaking her head. Commissioner Sarnoff I understand. I'm asking for -- Ms. Thompson: That's what he's -- Commissioner Sarnoff -- the second. Ms. Thompson: He's now addressing the ordinance again -- Commissioner Sarnoff Correct. Ms. Thompson: -- because there was a withdrawal of the second. Vice Chair Spence -Jones: Right. Commissioner Sarnoff Right. I -- Ms. Thompson: Commissioner -- I'm sorry. Chair Sanchez renewed his motion -- Commissioner Sarnoff Correct. Ms. Thompson: -- on the ordinance. Vice Chair Spence -Jones: To defer it to that date? Commissioner Sarnoff No. Ms. Thompson: No, no, no, no, no. City ofMiami Page 50 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Push it forward. We'll have plenty of time to deal with before second reading. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff No. He is -- let's be clear to this body. Ms. Thompson: Yes. Commissioner Sarnoff Commissioner Gonzalez -- Commissioner Sanchez is pushing his agenda item FR.5. There's a motion. Is there a second? Hearing no second, the motion fails. You want to make a second motion? Vice Chair Spence -Jones: I'd like to make a second -- I'd like to make a motion to defer the item to October 8, giving the City Attorney and the City Manager the opportunity to go through the information and properly bring it back. Chair Sanchez: Second. Commissioner Sarnoff All right. We have a motion and a second. Any further discussion? Commissioner Regalado? Commissioner Regalado: No. Commissioner Sarnoff All right. All in favor, please say "aye." Commissioner Gonzalez: No. Commissioner Sarnoff All right. FR.6 09-01066 ORDINANCE District 3- Chair Joe Sanchez First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST" BY FURTHER LIMITING EMPLOYEE ELIGIBILITY AND ELIMINATING THE RIGHT OF CERTAIN PERSONS TO REJECT MEMBERSHIP; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 09-01066 Legislation FR/SR .pdf Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS FAILED by the following vote. Votes: Ayes: 2 - Commissioner Sanchez and Regalado Noes: 3 - Commissioner Gonzalez, Sarnoff and Spence -Jones Motion by Chair Sanchez, seconded by Commissioner Regalado, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Direction by Commissioner Sarnoff to the City Manager to provide a report regarding any cost savings to the City by the City Attorney upon her conversion from a 401(a) retirement plan to the GESE retirement plan. City ofMiami Page 51 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Note for the Record: Item FR.6 was deferred to the Commission meeting currently scheduled for October 8, 2009. Commissioner Sarnoff FR.6. Chair Sanchez: FR.6. Now, this is a good one, too. You know, this ordinance on first reading will be eliminating the right of certain persons to reject membership from the general employee and sanitation employee retirement fund, and let me tell you what these individuals are. When you look at the law right now, there's a loophole that currently exist that allows City executives to move from a 401 k to the pension, which clearly is better -- produces more than the 401, and it basically applies to executives in the City. Now, if you look at the ordinance in itself the executives reap the benefits while the taxpayers are being stuck with this bill, and that's very simple. We need to define that executives in the City ofMiami that have an option right now go to the 401 and not switch over to GESE (General Employees and Sanitation Employees). Now, what's sad is that not long ago certain -- and I don't use names -- employees brought it forth to the Commission; the Commission rejected, and they went to the board and got it approved. That's the process. There are loopholes. We want to make sure that we're able to do that so we don't continue to have the taxpayers pay the burden of millions of dollars on this when they go from a defined confribution to a defined benefit, and that's what's hurting us. Because once you go from a defined confribution, which is a 401, to a defined benefit, you're basically getting a better return, a better guarantee of your investments. So what we're asking here is this ordinance, which clearly says that we're going to amend Chapter 40, is to clearly show that those certain individuals, executive directors -- and in this case, it's clearly defined as to the people that could apply to that -- can stay on the 401 and not change to the defined benefit, which is basically bringing in a higher earning for them. So that's all that we're saying. Once again, this is about fiscal responsibility, folks. We got to get our house in order. And when there are loopholes, City employees are going to take those loopholes and benefit from it, but at the end of the day, the burden falls on the taxpayers. And Mr. City Manager, it is upon us, as the stewards of the taxpayers of the City ofMiami, to make sure that those City employees that fall within that category stay within the 401 and not fall over to the defined benefit. So this ordinance, which is on first reading, clearly identifies what is it that we need to do to stop this once and for all. So I would make a motion on that ordinance. Commissioner Sarnoff All right. We have a motion. Do we have a second? Commissioner Regalado: Second. Commissioner Sarnoff Commissioner Regalado, you wish to be recognized? Commissioner Regalado: No. I think it's a good ordinance. I think it's -- we -- part of the streamlining that we need to do, and I support it. Commissioner Sarnoff I'm going to open up a public hearing. Those wishing to be heard, please come before the podium. I'm going to close the public hearing. Madam City Attorney, it does not appear on the face of this that this would require an ERISA (Employment Retirement Income Security Act) analysis. Is that your recommendation or is that your take as well? Julie O. Bru (City Attorney): Okay. This -- what you have before you is a substitute that the way that the ordinance was first drafted, in my opinion, would have required an ERISA analysis because it excluded certain employees from participating in any plan. The way that this has been revised, I think, addressed that issue because all employees of the City ofMiami will have the ability to either participate in one of the pension plans, either GESE or the FIPO (Firefighters and Police Officers) or there will be a class of employees who will have the ability to participate in a defined contribution plan, which is a 401 plan. So I think the amended version that you have now corrected the ERISA problem. And basically, this will be then a shift City ofMiami Page 52 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 from how we did business before by now excluding certain individuals from becoming members of the plan, of the GESE plan. Commissioner Sarnoff Is the FR. 6 substitution the one that you're referring to in our legislative packet or was that just handed out? Ms. Bru: That was just handed out. Commissioner Sarnoff Okay. Once again, I don't understand why on something as significant as what we're being asked to do, we are handed documents at the last minute. I haven't even seen it. I have two documents handed to me, FR -- substituted FR.5 and the Mercer, September 3, 2009 correspondence. I haven't even seen FR.6. Chair Sanchez: Commissioner, ifI may. Once again, this is very clear. It is crystal clear what we're doing here. This -- it's -- we're passing it on first reading; we got plenty of time to address the concerns that anyone may have. These are the things that I believe that -- Commissioner Sarnoff Does anybody have the substituted FR.6? Chair Sanchez: Please, do not -- sir, I have the floor. It clearly identifies who are the executives, Manager, department heads, assistant department heads, City attorney, assistant City attorneys, those individuals will not be allowed in the GESE plan. It is a very simple ordinance, and I -- I mean, I can't even fathom that you bring up that we're going to need this study and you're going to bring in the last minute documents that have nothing to do with FR.6, which I am a little -- you know, I presented this -- these legislations, and let me tell you something. There are more coming that I will have an opportunity. But it seems that, you know -- it seems like I've taken a child from some of these City employees from these -- making these reforms, which basically have not a personal issue. It's about getting this city back on financial track and asking them to do what is right, what is right. Now, the law -- is it clear, not clear -- I'm not an attorney and I'm not a judge, but if there's a loophole that benefits a City employee -- some have taken that loophole. Well, you know, we need to get this house back in order. And Mr. City Manager, the burden falls on you. You are the City Manager. We're the policymakers here. These legislations -- and I'm a little offended that things get put in at the last minute to derail these good legislations -- of being passed on this Commission. You know, we're going through some tough economic times in this city. Now more than ever, we should be pushing for legislation like this, but no. All of a sudden, some of my colleagues think it's a political move. Once again, remember the responsibility that we have here, which is a fiscal responsibility to the taxpayers. We got to get our house in order. This legislation is not a complex legislation. It is a easy legislation. And Madam Attorney, I am a little concerned that, once again, you have not explained it correctly. Ms. Bru: Mr. Chairman, this is your legislation, not mine, so -- Chair Sanchez: Well, you helped me -- Ms. Bru: -- the explanation really -- Chair Sanchez: -- you worked -- but you worked with me -- Ms. Bru: -- needs to be put on the record. Chair Sanchez: -- and let me know --? Well, first of all, let me know if I'm not going to get the support that I need from you in this Commission. Ms. Bru: Mr. Chairman, we have worked with you to clean up this ordinance, to implement the - City ofMiami Page 53 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 - what you're trying to achieve. What you're frying to achieve, it is a simple change in the way we do business. You're trying to exclude certain employees, certain class of employees from participating in the defined benefit plan that we have. We will continue to work with you to clean this up and make sure that it all reads in the proper way. One thing that we suggested to your staff just this week is to put the language about the 401 plan in a separate section, to take it out of the GESE section so we can work on that between first and second. But those are just form and those are just procedural issues, so -- but the basic concept behind this is that there's a group of employees in the City because of the duties that they hold, they should not be part of the City's general employees' pension plan, and this legislation would achieve that, and we are worked with you to fry to get this in proper form with the amount of time that we were given. Chair Sanchez: Correct. Mr. Hernandez: Mr. Chairman, I think it's important that I, you know, clarify the issue here. I don't have an issue with this item. I support the item. But it's an item that has been worked between your office and the City Attorney, so I wasn't involved in it. However, I do support it. Chair Sanchez: All right. Commissioner Sarnoff How do you -- Chair Sanchez: So moved the ordinance. Commissioner Sarnoff Mr. Manager, how do you know you support it? You can support the concept, right? Mr. Hernandez: The concept, in essence. Commissioner Sarnoff I do, too, but I'm reading this. The definition of employee has been taken out. Seven paragraphs had been taken out. I've been handed this by Commissioner Regalado. I have three minutes -- in three minutes, I found eleven changes from what I was provided. Why am I being a stick in the mud by saying I haven't read this? And why do you get up there and say you support --? Mr. Hernandez: No. Commissioner, I just got it at the same time that you got it. Commissioner Sarnoff So have you read it? Mr. Hernandez: Okay? We're talking about the concept, all right. Commissioner Sarnoff I support the concept, but I don't think the citizens of Miami asked me to support concepts. I think they expect me to support legislation. Mr. Hernandez: And, Commissioner, with all due respect to all here, the CityAttorney's the one that is working on the development of that item. Commissioner Sarnoff All right. Let's call the question. Commissioner Gonzalez: May I? Commissioner Sarnoff I'm sorry; I didn't see you, Commissioner. Commissioner Gonzalez: Yeah. Let me tell you, some of these measurements, I believe there's some good, but I believe that what we're frying to do is to put Band-Aids on a real big cancer, okay. And what we need to do is do a very, very major surgery, and the major, major surgery City ofMiami Page 54 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 that we need to do in order to solve the problem of the City -- because let me tell you. You can take away the Commissioner's retirement. You can take 50 percent of the Commissioner's compensation. You can prohibit the executive from becoming union members. You can do all of that. But until we do what I propose -- andl believe that I proposed it at the last Commission meeting -- is to go back to court -- and you assist me on that, being an attorney and I'm not -- to open the Gates, okay. Until we do that, I don't care how many pensions you take away from many Commissioners and I don't care how many salaries you take away from many majors in the future, the City is going to go kaput in two years, okay. That's reality. That's really facing the problem that we have. It's not a matter of Band-Aids. It's not a matter of Band-Aids. This is a real, real, real illness that requires major treatment, all right. So I don't know how it's going to affect executive not being members of unions. I don't know what does that have to do with financials. Chair Sanchez: Non -unions. Commissioner Gonzalez: Prohibit executive -- prohibiting the police major to be a union member? I don't know. Prohibiting a deputy chief to be a member of the police union or prohibit a fire chief from being a member of the fire union? I don't know. Is that -- does that have any financial impact on the deficit of the City? I don't see it. I don't really see it, you know. Chair Sanchez: Commissioner, ifI could just address your concern. First, it has no impact to the budget of the City ofMiami. Second, it is only executives of the City ofMiami clearly identified here, as I stated before. City Manager, department heads, the assistant department heads, City Attorney, assistant City attorney. Those are the individuals that right now -- I mean, I've heard for quite some time here how we need to break away from defined con -- defined benefit to defined confribution. This is what we're doing here. This'll save the City millions of dollars of people that are getting benefit from a pension plan that they should not be in. They should be in a defined confribution, the 401. It is costing the taxpayers millions of dollars. We could force them to stay where they're at, which is 401k. This is, once again, a responsible legislation, to try to get this city back on track. We've talk about this for -- I've been here for ten years, and we've talked about it many times. Let's pass it on first reading, giving us an opportunity to address it in second reading, because it is good legislation. It is the right thing to do. Commissioner Gonzalez: But how can we pass it on first reading when we have a Commissioner who's an attorney and who's reading documents and he knows how to read legal documents and how to find --? Chair Sanchez: I have the outmost [sic] respect for Commissioner Sarnoff -- Commissioner Gonzalez: May I finish? Chair Sanchez: -- but he's not our attorney. Commissioner Gonzalez: May I finish? Chair Sanchez: Yes, sir. Commissioner Gonzalez: And that Commissioner has already found eleven changes on a single document just by going on a breeze, eleven changes. You know, I'm not an attorney. Commissioner Sarnoff Yeah, there are. They're right here. This is your document. This is what we were provided. There are significant changes just by line item. Chair Sanchez: All right. Listen, I'm one Commissioner, and the -- once again, if -- I'll make a City ofMiami Page 55 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 motion. If there's no second, then legislation dies. I'll make a motion to defer it to the 8th. So my motion stands. Commissioner Sarnoff All right. We have a motion and do we have a second? Priscilla A. Thompson (City Clerk): Yes, we do. Commissioner Sarnoff Commissioner Regalado. All right. Why don't you read the ordinance into the record and roll call? The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call is on your modified first reading ordinance. Vice Chair Spence -Jones? Vice Chair Spence -Jones: I actually was watching the whole thing in the office. I'm going to have to -- the vote is for October 8, correct? Commissioner Regalado: No. Chair Sanchez: Pass it on first reading. Vice Chair Spence -Jones: To defer -- right, but to defer it to the 8th. Commissioner Sarnoff No. Commissioner Regalado: No. Vice Chair Spence -Jones: Oh, no, no. No. Commissioner Regalado: No. The vote -- Vice Chair Spence -Jones: I would prefer to defer it to October 8, so no. Ms. Thompson: Continuing with the roll call. Commissioner Rega -- I'm sorry. Commissioner Gonzalez? Commissioner Gonzalez: No, I will not support it until it's cleaned up. Ms. Thompson: Okay. Commissioner Regalado? Commissioner Regalado: I vote yes, but I think that we need to have this explained and explained under sunshine before it comes to the City Commission, probably. I don't know. Madam City Attorney, how much time do you need? Ms. Bru: Well, we do need to go into this, as I said, and look at it carefully. We were provided this legislation by the Chairman. We've done the best we can with the amount of time that we had. I will also -- I would also like -- and we have sent it to Mr. Ron Silver, the pension attorney for GESE, to make sure that he reviews it, and I would also like the pension -- the benefits coordinator for the City ofMiami, LeeAnn Brennan [sic] to take a look at it since most of what's going to be modified here affects our 401 plan, which she administers, but we can work on that between first and second if you should pass it on first reading. Ms. Thompson: Is it -- okay. Continuing with your roll call. Chair Sanchez? City ofMiami Page 56 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff You know, I just -- I'm not going to do things this way. I'm not simply going to be handed a document that says -- I think you expect something different from me up here, and I read everything. And just by what I'm looking at right here, I see change after change -- I see the definition of employee being reduced. I absolutely applaud your effort, and I'll go so far as to be so bold as to ask something to be brought up here for the next time this is heard. I'd like -- I was told by the City Attorney, who converted from a 401 a to the retirement system, that it saved us money. I want to know if it did or didn't save us money. I want to see if that was an accurate statement. So I'm going to vote no, but I do want to see this brought back, Commissioner. I think you're absolutely right. Chair Sanchez: All right. I mean, I will be requesting for it to be brought back. Ms. Thompson: Okay. The vote on the first reading of the ordinance is yes, 2; no's, 3; therefore, it fails. Chair Sanchez: Mr. Chair, could we take RE.12 out of order as a point of privilege. It's part of my package? Commissioner Sarnoff Yes, sir. Chair Sanchez: My financial reform (UNINTELLIGIBLE). Commissioner Sarnoff You're recognized for RE.12. Do you -- Chair Sanchez: Thank you. Commissioner Sarnoff -- did you want to do a motion to bring this back? Chair Sanchez: Yes. I would make a motion to bring the item back, October 8. Commissioner Regalado: Second. Vice Chair Spence -Jones: Second. Commissioner Sarnoff All right. We have a motion. Any further discussion? We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sanchez: Listen, you got to take action when you're bleeding to death here. It's that simple. And these legislative items that have been proffered is the right thing to get this city back on track. "[Later...]" Chair Sanchez: All right. Before -- once again, before we move onto and pass the gavel over for the CRA (Community Redevelopment Agency), just want to have a housecleaning item, FR.5 Madam Attorney [sic], could you explain --? The item was voted down. However, the intent was to bring it back. It'll come back as a new ordinance. Priscilla A. Thompson (City Clerk): According to what transpired today, we have FR.5, which City ofMiami Page 57 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 actually was not -- I'm sorry. It would be FR. 6. FR. 6, that first reading ordinance, did not pass, so I needed a clarification from the maker of the motion, Vice Chair Spence -Jones -- no. I'm sorry. You were the maker of the motion. I need clarification from the maker of the motion regarding bringing the item back on October 8 because since the item failed, you could not bring back something that had failed. Chair Sanchez: It'll come back -- Ms. Thompson: And you said -- yeah. And you said that you wanted to defer it. Chair Sanchez: -- on the 8th as a new ordinance. It'll come back on the 8th as a new ordinance. Ms. Thompson: Correct. That's what I wanted to clarify for my records and make sure we were all on the same page. Thank you. Chair Sanchez: Okay. All right, that takes care of that. At this time, I believe Mr. City Manager; and then we'll recess the regular Commission meeting; turn it over to the CRA (Community Redevelopment Agency); get the CRA; then come back to the regular Commission meeting; finish the Commission meeting; hopefully by 5:05 we could start the budget hearing. FR.7 09-01068 ORDINANCE First Reading City Manager's AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE Office CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01068 Summary Form FR/SR.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sarnoff and Sanchez Absent: 2 - Commissioner Regalado and Spence -Jones Chair Sanchez: What's the other item that we need to take --? Larry Spring (Chief Financial Officer): The other item was going to be a pocket item, supplemental agenda item -- Chair Sanchez: All right, let's -- I don't have a problem till waiting till the end for that pocket item. Vice Chair Spence -Jones: Yeah, let's do that. Chair Sanchez: Yeah. It's -- I don't have a problem with it. Let's just wait for it. Vice Chair Spence -Jones: Let's do that. Let's take care of our -- Chair Sanchez: All right. Let's go to FR.7. Let's try to get through some of these first reading ordinances. FR.7. All right, this the City Manager's office. Larry Spring: Commissioner, Larry Spring, chief financial officer. FR.7 is a first reading ordinance approving the fee increase on several of the City's fees, included in that are the certificate of use, the commercial haulers solid waste fee, parking, fire alarm, all consistent with the budget that was presented to the City Commission at the last budget hearing. The increases City ofMiami Page 58 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 are generally 5 percent from where they were previously as we briefed the Commissioners, and with the exception of the solid waste commercial hauler fee, the franchise fee is being recommended to be approved from 22 percent to 24 percent. In addition -- and we have the Miami Parking Authority to speak about -- you have the parking rate increases as well in that ordinance. Those -- on the metered rates, we're looking generally from -- for a 25 cent increase in those fees on the metered rates, in addition to some increase on monthly rates and medallion certificates. Again, this is what was briefed to the Commissioners during the budget process. The fee ordinances have been split into two. Today you'll be hearing half of them, and then we'll have another ordinance on the October 8, which will include the other half the remaining of the fees that were on the handout that gave you during the budget briefings. Altogether, we expect those fee increases to yield approximately $10 million in increased revenues during the next fiscal year that has been used to balance the City's FY'10 budget. Chair Sanchez: All right. Okay. Can we get a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Can we get a second? Commissioner Regalado: Second. Chair Sanchez: Okay, there's a motion and a second. The -- it is open to the public. It is an ordinance on first reading. Sir, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26th Street. I thought we (UNINTELLIGIBLE) this this morning in FR.3. Now I see they're frying to -- another way. I always listen increase, increase. I never usually hear decrease. What about the government becoming lean and mean like many households out there. Lean and mean. 'Cause I get once a - - job I was working 20-some thousand to seventy a year and they laid me off so I went to make $10, 000 in unemployment compensation. I became -- my family became lean and mean. No movies, no this. Buy chicken at the La Mia and go to the -- that's what it was. No, we couldn't go out to dinner. Or now everybody here increase, increase, increase, and they get 5 percent, yeah. You talking a dollar here, $5 there, $10 there. You talking about big money for the City. Are you there to worry about us taxpayers of the City or fee payers of the City or you to worry about the employees or whatever? You have to worry what elected by the residents of the City of Miami. You have to worry about us, not about the employees, okay. The employees will say -- happy to be a City resident, perfect, but first, your obligation is to us, the City residents, the ones that out there in the trenches, okay, suffering, people that make no money. How (UNINTELLIGIBLE) tell somebody that's making -- (UNINTELLIGIBLE). No, you got to pay the salary of the City Attorney or the City Manager or the double dippers or whatever. How I'm going to answer that question? No. No fee, no fee. No increasing anything because that's (UNINTELLIGIBLE) I know, too. Totally that. They got the kangaroo cops. That's what Mr. Burgess for the County went to Australia looking for more kangaroos or the kangaroo they got here, the special magistrate courts, the new funding sources they got here. New funding sources looking for money (UNINTELLIGIBLE) the poor people. The only court that you guilty and that you get to prove your innocence. Chair Sanchez: Thank you, Mariano. All right, anyone else from the public wishing to address the Commission on this item? We are on FR.7. The public hearing is closed, coming back to the Commission. Any further discussion on the Commission? Commissioner Sarnoff Mr. Chair, yes. Chair Sanchez: You're recognized for the record. City ofMiami Page 59 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff You know, Larry, the parking fees are the ones that kind of concern me, and I just need a little convincing because most of these parking fees -- although I will concede Commissioner Gonzalez feels quite a few of them -- are going up a substantial amount. How -- tell me, as Commissioner of District 2 -- I haven't heard the DDA (Downtown Development Authority) take a position on this. Tell me how I somehow say to the citizens you got to pay just a little bit more to park. Art Noriega: Art Noriega, Miami Parking Authority. Part of whatI proposed when this item first came up and we were requested to sort of look at opportunities as relates to increasing our parking revenue for the City, and we looked at the issue of doing a fee increase, a majority of -- or the main focus of the fee increase really was on -street, which is the meters, so one of the things we came up with internally as a way to sort of provide some give -back -- as you know, as I've briefed you and we're currently working on a plan within the CBD (Central Business District) to offer some concessions both on the merchant side, the customer side as it relates to on -street meters in terms of reducing the hours of enforcement, reducing some of the costs. What we thought was there'd be ways to take that application downtown and apply it citywide, especially in the commercial districts along 8th Street, Coral Way, Design District, Coconut Grove. Some of the examples of that would be take at night and on the weekends, when we're really trying to create an incentive for people come back into those areas, go to restaurants shop instead of just a blanket increase. At night what we do is say, okay, you can buy four hours worth of parking for $2, so in essence, you reduce the rate to fifty cents an hour. It's a give -back because it's considerably cheaper than the rate we'd be proposing here, but it's really creating an incentive. The offset to that is that hopefully we'll generate a lot more traffic in those areas, so the parking will be a lot less expensive. Another idea which we are going to implement citywide is our new pay -by -phone program, which is -- which has about 37,000 registered users now, but really only amounts to about a little less than 5 percent of our total utilization. We want to take that and offer a real incentive to City ofMiami residents by telling them, look, if you come and register for that pay -by -phone program, as a resident of City ofMiami, we'll give you a 20 percent discount on all your future transactions as they apply to on -street. So there's a lot of ways to get some give -back here so that from the way in terms of the burden of this increase doesn't entirely fall on one area, and in fact, the residents, the merchants, and those people just really coming in to do business within the City ofMiami sort of feel like I'm getting something back out of it again, and what we're giving back is in the areas and in the zones -- commercial zones and especially during the time periods when we really want to kind of bring back in people so that the businesses in those areas also benefit. Commissioner Sarnoff So could you, with a straight face, ifI traded shoes with you andl was standing at the podium and you were sitting here, be able to say to the business community in the district, let's say downtown, this is a net gain for you? Mr. Noriega: A net gain for MPA (Miami Parking Authority) or a net gain for the business? Commissioner Sarnoff Business. I'm not so concerned with MPA. Mr. Noriega: Yeah. I think that that's a matter of perspective. You know, I'm a realist and I'm not -- I'm certainly not going to, you know, get up here and blow smoke by any stretch of the imagination. I think that it is a -- I think it's actually a win for them because in the long run, they already have the traffic pattern required during the day, Monday through Friday during the week. The real target area they're trying to get people back -- they're trying to get people to stay later than 5 o'clock and really come on weekends. Where we're providing the incentive is entirely at those times, so yeah, I think it's actually -- they come out ahead, not -- Commissioner Sarnoff And for the residents in downtown, could you with a straight face say to them this is a net gain? City ofMiami Page 60 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Noriega: Yeah, the residents, in particular, in downtown are going to absolutely benefit from the program we're going to put in place with an absolute straight face. Commissioner Sarnoff And one place you didn't mention -- and I'll yield the floor -- is MiMo (Miami Modern) and MiMo has been -- maybe not MiMo itself but maybe the residents of the Upper Eastside predominantly have been complaining about your eyebrow -metered parking. Will they receive any kind of net gain as a result of off -time parking hours so that the --? Mr. Noriega: Yeah. That would absolutely apply to MiMo as well. I just made reference to a couple, but MiMo would absolutely be within the incentive areas as well. It makes absolute sense because there's businesses and restaurants all along that district. Commissioner Sarnoff Okay. Thank you, Art. I appreciate it. Commissioner Regalado: Can I --? Art, a question. Mr. Noriega: Sure. Commissioner Regalado: You mentioned enforcement. Mr. Noriega: Yes, sir. Commissioner Regalado: Enforcement is now with the rates that we have the major complaint and concern. Mr. Noriega: Sure. Commissioner Regalado: I mean, cars being towed, tickets being issued, like people waiting. I mean, people say that your little, little cars now, they can park on the sidewalk and they can just wait that the meter goes down, and there is enforcement. So the enforcement part is really what gets people upset. Let me tell you other aspect of complaints that we have. Machines that don't work, and the machines that don't work, people just give up, and then they get a ticket. Then they see the person issuing the ticket, and the person issuing the ticket says, "Well, you know what? Go to court and say that the machine was broken." The problem is that nobody's going to go to court. I mean, you have to lose like a half -day work and park and all that, so enforcement. How can we sell this new product to the people and the merchants. The merchants pay for most of the tickets that people get in the restaurants and in front of their stores in terms of enforcement? Mr. Noriega: Yeah. One of the things that's incorporated as part of our downtown plan -- and we can certainly apply citywide -- is we're going to roll back the hours of enforcement. In most areas it's 2 a.m., which, quite frankly, is -- you know, in hindsight, looking back on that enforcement policy really doesn't make a lot of sense. It makes sense in some areas where we have some competition between the residential and the commercial use, but really, during the week and on weekends, it doesn't make sense to have enforcement as late as it is now, so we intend to roll back the enforcement till midnight and in some areas roll it back even further. To give you an example, downtown. The idea is to create some specialized zones, and in some of those areas we won't have any enforcement after 6 p.m. to allow our local -- a lot more flexibility and freedom. As far as the towing is concerned, the primary area we tow and get the most complaints on towing is really within the downtown core, and that's really the area we have the most problems just because we have a lot of delivery trucks, very limited number of loading zones, and there's this competition to get in those loading zones. A lot of people fry to cheat the system. What we have done in the last -- we basically had a soft moratorium on towing for the last 60 days just to see if, by doing that, we could sort of get a gauge of whether or not the actual towing issue was really a problem, and we just decided, look, you know what? To reimplement City ofMiami Page 61 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 some of these changes, we're going to sort of back off towing altogether and we're only going to tow in specific cases where we get a very specific requests from somebody that, hey, look -- an example, the other day I had a vehicle that was -- that -- we had a Fed Ex vehicle in a loading zone -- you know, in an actual off-street loading area for a building and some car pulled in right behind and blocked him in. He couldn't get out. And so we went -- we towed that vehicle out of that spot to allow the Fed Ex fruck to get out of that loading area. That's a particular example of one. We're going to do it almost by request for a while. But I understand that the towing issue. The parking enforcement officers, quite frankly, Commissioner, they have the worst job in our organization because they -- they're out on the street. They get the brunt of the complaints and, you know, we try to give them a little bit of leeway and we're kind of constantly coaching them that they need to be a little more sensitive to their environment in terms of who they're dealing with 'cause they really are the face of the organization. But you know, that -- that's not always the easiest thing to do, and so we're working on it. And from a towing and enforcement standpoint, we're sort of trying to back off a little bit and not be as strict. Commissioner Regalado: Thank you. Chair Sanchez: Larry, my question's directed to you. Based on comparisons as to the fees, when you compare the City ofMiami to Miami Beach and Coral Gables and other surrounding municipalities, where are we at? Is it compatible or is it --? Mr. Spring: In some fees, Commissioner, we are compatible, but a lot of our fees have not been changed since 1995; some I found 1980s. You know, we just haven't -- as a normal course of business, we haven't really addressed our fees. In arriving at this, we did engage a company to do a cost analysis of our fees to determine how much is a city subsidizing each of these user activities based on the fee that we're charging. That study -- and it looked at a bunch of areas across the city and all of which are in the -- will be in the two ordinances that will come before you -- determined that we could increase our fees by an amount of $14 million, you know, overall, so you're getting -- in the two ordinances, you're getting about half of that at the end of the day, so we're going half of what they said we could get citywide, and again, sub -- you know, it was supplemented by the increase in fees that are being proposed here from MPA to help reduce that -- going as high as we possibly could have, so -- Chair Sanchez: In this first tranche -- Mr. Spring: Right. Chair Sanchez: -- on the first ordinance, they're all user fees, right? Mr. Spring: These are all user fees, and if you look at them, a lot of them are related to development, so again, not necessarily the little guy, but somebody who's building, you know, a large-scale house, getting plans reviewed, things of that nature. Now, the parking fees obviously is a different matter in the -- to be totally, you know, upfront, the commercial hauler fee is -- has an impact to residents also. It's not just the commercial buildings, but also high-rise condominiums in that, so just to be, you know -- Chair Sanchez: It does not affect -- Mr. Spring: -- full disclosure. Chair Sanchez: -- any basic services? In other words, it -- Mr. Spring: No, no, no, no. These are user fees. You come in, you need a review of a plan or a certificate of use for something, it's a user fee. City ofMiami Page 62 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Looking at the comparison of the list here that I have, some fees were just raised by -- Mr. Spring: Fifty cents. Chair Sanchez: -- 50 cents, less than 50 cents, but some have been increased dramatically. But, still, my concern was as long as you could say that we're compatible with other cities -- Mr. Spring: Yes, they are. Chair Sanchez: -- as we compete with other cities. Mr. Spring: Yes. Chair Sanchez: So, in your opinion, I have not had -- Mr. Spring: My opinion -- Chair Sanchez: -- an opportunity to compare them, but they're compatible to other cities. Mr. Spring: In my opinion, we are compatible with other cities. Chair Sanchez: All right. Okay. Commissioner Gonzalez: All right. Chair Sanchez: Any questions? If not, this is RE.7. Madam -- Ms. Thompson: FR.7. Commissioner Sarnoff FR (First Reading). Chair Sanchez: I'm sorry, FR.7. Madam Attorney -- Madam Clerk, do we have a motion and a second? Commissioner Gonzalez: There was a motion -- Ms. Thompson: Yes, you do. Commissioner Gonzalez: -- and there was a second. Ms. Thompson: Yes. Chair Sanchez: Okay. There was a motion and a second. It's an ordinance on first reading. It'll come back to us on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. Ms. Bru: Yes, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. City ofMiami Page 63 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: The ordinance has been passed on first reading, 3-0. Chair Sanchez: For the record, who made the motion and the second? Ms. Thompson: The motion was made by Commissioner Gonzalez and seconded by Commissioner Regalado. Chair Sanchez: Thank you. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 09-00993 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM IN COMPLIANCE WITH FEDERAL REGULATIONS RELATING TO THE FEDERAL TRADE COMMISSION'S RED FLAG RULES. 09-00993 Legislation.pdf 09-00993 Exhibit.pdf 09-00993 Summary Form.pdf Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sarnoff, Sanchez and Regalado Absent: 1 - Commissioner Spence -Jones R-09-0435 Chair Sanchez: Okay, we move on to RE.1. RE.1 -- hopefully, we could get through these R -- these resolutions pretty quick. All right, RE. 1. Diana Gomez: Diana Gomez, Finance director. RE.1 is a resolution of the Miami City Commission, with attachments, adopting an Identify Theft Prevention Program in compliance with the federal regulations related to the Federal Trade Commission's Red Flag rules. Commissioner Sarnoff Move RE.1. Commissioner Regalado: Second. Chair Sanchez: All right, there's a motion for RE.1. There's a second. It's a resolution. It does not require a public hearing. You want to add something to the record, Larry? Ms. Gomez: No. That's fine. Chair Sanchez: I'm sorry? Ms. Gomez: Nope. Chair Sanchez: Okay. There's a motion and a second on RE.1. It's a resolution. Any discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. City ofMiami Page 64 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Anyone in opposition, having the same right, say "nay." RE.1 has been approved. RE.2 09-00998 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Finance ATTACHMENT(S), PURSUANT TO RESOLUTION NO. 09-0161, ADOPTED MARCH 26, 2009, AND REQUEST FOR QUALIFICATIONS NO. 126077,1 ("RFQ"), FOR THE PROVISION OF MUNICIPAL BOND UNDERWRITING SERVICES, AUTHORIZING THE CITY MANAGER (1) TO EXERCISE THE TERMINATION FOR CONVENIENCE CLAUSE UNDER SECTIONS 1.83, B AND 2.14, B, OF THE RFQ DOCUMENTS AND SECTION 14, A, OF THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH JP MORGAN SECURITIES ("JP MORGAN"), (2) TO RESCIND THE SENIOR MANAGER/CO-SENIOR MANAGER AWARD FROM JP MORGAN, (3) TO AWARD SUCH DESIGNATION TO RBC CAPITAL MARKETS CORPORATION ("RBC"), THE NEXT HIGHEST -RANKED FIRM UNDER THE CATEGORY OF SENIOR MANAGER/CO-SENIOR MANAGER, (4) AS A RESULT, TO REMOVE RBC AS ONE OF THE CO -MANAGERS, AND (5) TO AWARD TO MORGAN KEEGAN AND COMPANY, INC. ("MORGAN KEEGAN"), THE NEXT HIGHEST -RANKED FIRM UNDER THE CATEGORY OF CO -MANAGER, SUCH DESIGNATION; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND TO EXECUTE A PSA, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR SUCH CHANGED DESIGNATIONS TO RBC AND TO MORGAN KEEGAN ON AN AS -NEEDED BASIS, FOR THE REMAINING TERM OF THE MUNICIPAL BOND UNDERWRITING SERVICES CONTRACT EFFECTIVE THROUGH MARCH 30, 2011, WITH OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FOR SAID FIRMS THROUGH THE PROCEEDS OF BONDS AS AND WHEN ISSUED. 09-00998 Legislation.pdf 09-00998 Exhibit.pdf 09-00998 Summary Form.pdf 09-00998 Resolution.pdf 09-00998 Pre -Summary Form.pdf 09-00998 Memo.pdf 09-00998 Firms Seeking Qualification.pdf 09-00998 Pre-Legislation.pdf 09-00998 Professional Agreement.pdf 09-00998 Attachment A.pdf 09-00998 Attachment B.pdf 09-00998 Secretary's Certificate.pdf 09-00998 Certificate -Liability Ins..pdf 09-00998 Certificate of Insurance.pdf 09-00998 Addendum No. 1pdf 09-00998 Request for Qualifications.pdf Motion by Commissioner Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Gonzalez, Sanchez and Regalado Noes: 1 - Commissioner Sarnoff Absent: 1 - Commissioner Spence -Jones City ofMiami Page 65 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 R-09-0434 Chair Sanchez: We move on to RE.2. Diana Gomez: Diana Gomez, Finance director. RE.2, it is -- in this resolution, it's recommended that the City Commission accept the recommendation of the City Manager to terminate for convenience, per Section 1.836 and 2.14b of the request for qualification 126011, 1 and the professional service agreement for municipal bond underwriting; therefore, rescinding an award from JP Morgan Securities as senior manager/co-senior manager of the municipal bond underwriting team and award it to RBC Capital Markets, the next highest ranked firm under the category of senior manager/co-senior manager. As a result, the City further -- the City Manager further recommends to remove RBC as one of the co -managers and award it to Morgan Keegan, the next highest ranked firm under the Manager -- under the category of co -manager. The City Manager is also requesting authorization from the City Commission to negotiate and execute professional services agreement in substantially the attached form with RBC and Morgan Keegan for the remaining term of the contract, effective through March 30, 2011 with options to renew for three one additional -- three additional one-year periods. I also wanted to mention that Robert Dailey, managing director of JP Morgan is here and may wish to address the Commission. Commissioner Sarnoff Move RE.2. Chair Sanchez: All right. He wants to address the Commission? Okay. Robert Dailey: Thank you, Commission members. My name is Rob Dailey. I'm in the New York office for JP Morgan, and I'm responsible for the southwest region of our business in public finance. This action that the City Manager has recommended comes from service that we provided in a July financing for the City for the stadium deal and it relates to a series of mistakes that we made and primarily focused on poor communication with City staff. We've discussed this privately and extensively among ourselves, but also with the CFO (Chief Financial Officer), the treasurer, and the Finance director, and I'd like to -- I've apologized to them in public -- in private; I'd like to apologize directly to them in public as well for the record. We understand that this was not an outcome that the City wanted. It wasn't what we wanted. It was a series of misjudgments perhaps and miscommunication. JP Morgan would like to continue to partner with the City. We have over 800 employees here, over a thousand in the County. We continue to hire. The City ofMiami is an important client for us. We've asked for a second chance on this. We'd like to be able to recover. I think, until this deal, we thought that we were doing a good job. One example is the work that we did in buying bonds from letter of credit bank in June to facilitate this financing. We will continue to look for those kind of opportunities. We'll take your judgment as it is, but want you to know that it is in our highest ambition to do well here and to be a good partner to this City. Chair Sanchez: Thank you. Mr. Dailey: Thank you. Chair Sanchez: Could we get the sergeant -at -arm [sic] to fry to keep it down outside, please. All right, thank you. Do you want to add something into the record before we vote on it? Ms. Gomez: I just wanted to make it -- a correction. It was not the stadium bonds. It's the pension bond refunding. Mr. Dailey mentioned the stadium bonds, but it was the pension refunding bonds that we did. Mr. Dailey: That's right. Chair Sanchez: All right. Thank you for clarifying that. All right, it's a resolution. Need a City ofMiami Page 66 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 motion and a second. Priscilla A. Thompson (City Clerk): We have a -- Chair Sanchez: Is there a motion? Ms. Thompson: We have a mover -- Commissioner Sarnoff Let me withdraw the motion 'cause I thought I understood it until he stood up there and now I'm not sure I do. Chair Sanchez: Okay. Commissioner Sarnoff We are -- Chair Sanchez: Do we have a -- hold on, Commissioner. Do we have a motion? Commissioner Gonzalez: No. Chair Sanchez: Okay. We need a motion and a second. Need to approve or deny. Commissioner Gonzalez: What's the staff recommendation? Ms. Gomez: Staff recommendation is to terminate the contract. Chair Sanchez: All right. We got a motion? Commissioner Gonzalez: I'll move it. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez. Is there a second? Commissioner Regalado: Second. Chair Sanchez: All right, there's a second. The item is under discussion. Commissioner Sarnoff. Commissioner Sarnoff So he is coming in here arguing that he made a mistake to you privately and is publicly apologizing and asking for his contract back, correct? That's the best I heard of it. Larry Spring (Chief Financial Officer): We -- correct. He -- we are -- we have recommended termination of their services. Commissioner Sarnoff So you don't accept his apology? Mr. Spring: I accepted his apology, but I'm still recommending that we move forward with the termination. Chair Sanchez: All right. Mr. Spring: And if you will, I will say this. They have come down. They have offered some things that -- to fry to make the situation better, but I think the Commission will know in banking relationships -- and we've spent a lot of time on this matter. You know, we have to feel comfortable. We feel that this is something that we need to do right now to make it clear to the rest of the underwriting team and the market in general that City ofMiami, when we're put in City ofMiami Page 67 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 these precarious situations, we -- you know, to your point that you've been killing us on for bonds for some time now, we're just not -- we just can't have it that way and we have to -- Commissioner Sarnoff The reason I bring it up, Larry, is you're going from an American company to a non American company. I always prefer to do business with Americans. Mr. Spring: They're -- Commissioner Sarnoff I don't know how you feel about that. You might prefer Europeans, South Americans, you know. Mr. Spring: Actually, Commissioner, I did not look at the -- Commissioner Sarnoff Canadians. Mr. Spring: -- nationality of the firm. I -- it is the next highest ranked firm in the list, and you know, we'll go with that. And you know, we've had a -- again, we've had a lot of intern discussion about it. Perhaps in the future, in another RFP (Request for Proposals), we would consider JP Morgan Chase for underwriting services. And I will say this, they have provided good service. They do provide our PCard service and that service has been good, so you know, we will continue to have a relationship with the bank, just not this one for now. Chair Sanchez: All right. There's a motion and a second. It's a resolution. No further discussion. We are voting on RE.2. All in favor, say "aye." Anyone in opposition, having the same right, say "nay." Commissioner Sarnoff No. Chair Sanchez: Okay, one no, three yes. Thank you. 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 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 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 City ofMiami Page 68 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 R-09-0436 Chair Sanchez: All right. We move on to RE.3, which is a resolution. Robert Ruano: Commissioners, Robert Ruano, director of Grants & Sustainable Initiative. This is a resolution establishing a special revenue project from the U.S Environmental Protection Agency for the clean diesel funding assistance, which will essentially allow us to buy hybrid biodiesel trucks. The grant is for 731,000 and there is a match of 2.1 million which is in clarification, since this was deferred from last meeting, was set aside last year in the nondepartmental accounts, specifically for Solid Waste equipment purchase. Chair Sanchez: All right. Can we get a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: All right, discussion on the item -- on this. Discussion. Commissioner Regalado, you're recognized for the record. Commissioner Regalado: Mr. Manager, we had discussion the last time that this was here, and the grant is great. It's best thing that can happen for the City. The problem are the matching funds. We keep coming back to the matching fund. I mean, we're doing this before the budget process, and we don't know how the budget is going to be. Mr. Hernandez: Commissioner -- Commissioner Regalado: I know that you're going to say, well, I mean, I have the money to buy the trucks and all that. Mr. Hernandez: Well, the matching dollars are '09 dollars. It's not 2010 budget. Commissioner Regalado: I understand that, but the problem is that you have a huge deficit on the '09 budget, and I'm concerned about the matching funds. Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Are you done, Commissioner Regalado? Commissioner Regalado: Yeah. Okay. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: I just -- I'm -- Commissioner Regalado just brought to my attention something that I would -- that I really didn't see in the resolution, so I withdraw my motion because it's exactly what Commissioner Regalado's saying. I mean, we don't know if we have a budget. We don't know how much the deficit really is. We don't know, you know, where we stand, and approving a match of $2 million, I mean, we're not talking about two million pennies, you know, so I'll withdraw my motion. Chair Sanchez: All right. So the motion has been withdrawn. There's no -- Mr. Ruano: Commissioner -- City ofMiami Page 69 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: -- motion on the table right now. Recognize you for the record. If we don't get a second, this item -- Mr. Ruano: -- ifI could, this money was set -- Chair Sanchez: -- will be deferred. Mr. Ruano: I understand the concerns. This money was set aside for the FY '09 budgets, specifically for equipment purchase. Solid Waste said they do need to buy frucks. If we do not accept this today -- and I mean today -- It can't wait until October 8 -- then we don't have matching dollars for a purchase that we need to make, so we would have to give up the $731, 000. I understand the concern of the match, but it was specifically set for a capital purchase for this purpose. Commissioner Sarnoff Mr. Chair. Chair Sanchez: Hold -- Commissioner Sarnoff, you're recognized for the record. Commissioner Sarnoff I realize that there's no motion, but maybe -- there's no doubt that we're going to be in trouble, so to speak, with the '09 budget. There's no doubt we're in the red. There's equally to doubt we're going to have to go into the general reserve fund to pay off the '09 deficit. There's probably no doubt -- 'cause I imagine with Mario leaving, he has no reason whatsoever to tell us wrong information that we're in need of (rucks. And right now, very much maybe like the Cash for Clunkers Program, the government entity, better known as the federal government, who, by the way, prints your money, is offering you a third of what you need for what your present director of Solid Waste says you need, absolutely 'cause he's not even -- he's not even in the other trucks you're talking about. He says you absolutely need these trucks just to fulfill the services that we have now. Now, money is fungible. Any Commissioner that gets up here and says, yeah, yeah, yeah, use the $2.1 million that City Manager has placed in his nondepartmental account is only 2.1 million further you're going to have to go into the general reserve. That's a true statement. That is an absolute correct statement. However, if we believe our present director of Solid Waste that we absolutely need these trucks, then what are we going to give him to work with in the '010 budget? Chewing gum and duct tape to keep the trucks together? I mean, at some point in time -- we're not going to go back to the horse and buggy. We're not going to have anything but garbage trucks going up and down our streets, maybe at not the frequency we had before, but you know what that means. That means the frucks are going to be hauling more significant waste than they are now simply because it's going to be sitting in our streets for a longer period of time. It's a tough call to make, but you know, just like the Cash for Clunkers program from the federal government motivated some people who might not be in the market to buy the car, we're being offered a third of what the vehicles are going to cost us now, and without that today, as -- so we're being told by Robert Ruano, this money goes away. Mr. Ruano: Yep. Chair Sanchez: What was the question? Commissioner Gonzalez: You also have a valid point. Commissioner Sarnoff What's that? Commissioner Gonzalez: You also have a valid point. Chair Sanchez: Let me just clarify something here. I tend to agree with Commissioner Sarnoff City ofMiami Page 70 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 on this on -- in principle, and let me tell you why. We stand to lose a grant for 700 -- Mr. Ruano: Thirty-one. Chair Sanchez: -- and 31,000 -- Mr. Ruano: Thirty-one thousand. Chair Sanchez: -- stimulus money, which is, you know, use it or lose it -- Mr. Ruano: Yes. Chair Sanchez: -- basically from Washington. But the concern that I have here is that I remember when this came in front of us that require the $2.2 million matching fund, my understanding was that we were going to go out there and borrow it. It was -- it came in front of us at one time that we were going to go out there and borrow it, correct? Mr. Ruano: There was a statement made at that time, not from me, but there was a statement made at that time. Chair Sanchez: It was a statement to be made -- Mr. Ruano: I clarified with the CFO (Chief Financial Officer) and I pulled out -- actually, this is a page from the FY'09 budget where it states 2.58 from the NDA account. Chair Sanchez: So -- but if it was to borrow it, I would have some concerns, but now you're telling me that the budget is in the budget. Mr. Ruano: Yes. Chair Sanchez: So I don't have a problem with that. To borrow money at this time is not the proper thing to do, but if we have it allocated and -- you know, if you think this year is a bad budget year, get ready for next year, get ready for next year. I don't know if you've been looking at the numbers that I have, but get ready for next year. So I think the appropriate time for us right now is to start chipping away and frying to get our house in order, financially, to be able to cope with next year, so I tend to agree that -- I don't want to lose the $730, 000 stimulus package, and if the money has been allocated in the budget, I think we should move forward and give you the trucks so you could have frucks next year -- Pedro G. Hernandez (City Manager): Mr. Chairman, ifI may -- Chair Sanchez: -- to provide the service. Mr. Hernandez: -- real quick. The greatest need that the Solid Waste Department has is the trucks. Through the extensive work that we have done with the Solid Waste union, who are, in essence, protecting their employees, the younger employees, their biggest need is the frucks. Trucks take about nine to twelve months for delivery, and Mario can attest to that. So this would allow us to, in essence, place the order, and we'll be getting them about a year from now. Chair Sanchez: All right. So do we have a motion? Commissioner Sarnoff So moved. Chair Sanchez: Is there -- City ofMiami Page 71 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Second. Chair Sanchez: -- a second? All right, no further discussion on the item. We are voting on RE.3 Commissioner Regalado: Let me -- Chair Sanchez: -- a resolution. Commissioner Regalado: Just a question. Mario -- Mario Soldevilla (Director, Solid Waste): Yes, sir. Commissioner Regalado: -- these frucks, when they would be -- it takes how many month [sic] to get -- Soldevilla: It takes between nine and twelve months, you know, to actually manufacture the trucks and for us to receive them. The trucks are essential, very essential to our work. Commissioner Regalado: So they'll be in operation in 13 months? Mr. Soldevilla: They'll be in operation within 12 -- yeah, 12 to 13 months at a maximum. Also, we need to understand that beginning on January 1, 2010, the EPA (Environmental Protection Agency) standards are raised, and therefore, any new vehicles or engines that are manufactured after then are going to cost more money, so it behooves us to actually place the orders now and probably save anywhere between 10 to $15, 000 per truck. Commissioner Sarnoff Are these trucks manufactured in America? Mr. Soldevilla: Yes. Commissioner Sarnoff So you -- so this $731, 000 going to put Americans to work in factories to build these trucks? Mr. Soldevilla: Right. They are (UNINTELLIGIBLE) has our company, I believe is in --I want to say Alabama, butt really -- Commissioner Sarnoff Ohio? Mr. Soldevilla: --I wanted to say Alabama, butt really can't remember. Commissioner Sarnoff Well, that may not qualify as America. I'm just teasing, Alabama. Commissioner Regalado: Okay. Mr. Soldevilla: We definitely need the frucks. Chair Sanchez: But it's not the 73 0,000; it's every penny, and there's a lot of money going out that are going to get people jobs right now, so -- all right. No further discussion. It's a motion and a second. A resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone if opposition, having the same right, say "nay." Motion carries. RE. 3 has been approved. City ofMiami Page 72 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 RE.4 09-00791 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFILIATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY"), MIAMI-DADE COUNTY PUBLIC SCHOOLS ("MDCPS") AND TECHNICAL CAREER INSTITUTE ("TCI"), THAT AUTHORIZES THE CITY DEPARTMENT OF RESCUE TO PROVIDE STUDENTS IN MDCPS EMERGENCY MEDICAL SERVICES TRAINING PROGRAMS ACADEMIC, CAREER AND CLINICAL INSTRUCTION UTILIZING FACILITIES AND PERSONNEL FROM THE CITY DEPARTMENT OF FIRE -RESCUE AND TCI IN FURTHERANCE OF THE CITY FIRE -RESCUE EMS CADET PROGRAM. 09-00791 Legislation.7-23-09pdf 09-00791 Exhibit.7-23-09pdf 09-00791 Summary Form 7-23-09pdf 09-00791 Legislation.pdf 09-00791 Exhibit.pdf 09-00791 Summary Form.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0437 Chair Sanchez: RE.4. RE.4, City Fire -Rescue EMS (Emergency Medical Services). We -- we're going to try to get as much as we can done from the regular agenda. Let's see what we could get done from the regular agenda, and then we give ample opportunity people that are coming from work that want to attend the budget hearing, give them more time to get here. Sir, you're recognized for the record. Maurice Kemp: Maurice Kemp, Fire chief. This is a resolution authorizing the City Manager to execute affiliation agreement between the City ofMiami, Miami -Dade County Public Schools and Technical Career Institute to establish and implement an EA/IS academy at Miami Edison Senior High School. Chair Sanchez: All right. There's no cost to the City whatsoever. Is there a -- Commissioner Gonzalez: Move it. Chair Sanchez: -- motion? There's a motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. Any discussion on the item? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone opposition, having the same right, say "nay". Madam Clerk, RE.4 is approved, 5-0. RE.5 09-01038 RESOLUTION City ofMiami Page 73 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING A PAYMENT IN THE AMOUNT OF $25,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. MIAMI-DADE COUNTY, CASE NO. 07-34868 CA 25, PURSUANT TO THE TERMS OF THE PROPOSAL FOR SETTLEMENT; DIRECTING THE CITY MANAGER TO ACCEPT THE TERMS OF THE PROPOSAL FOR SETTLEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 09-01038 Legislation.pdf 09-01038 Exhibit.pdf 09-01038 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 R-09-0438 Chair Sanchez: RE.5. Julie O. Bru (City Attorney): Mr. Chairman, this is a resolution that would authorize the City to accept $25, 000 from Miami -Dade County as a settlement of all claims with respect to the lawsuit that we filed against them to recover some damages arising out of an accident with one of our Solid Waste vehicles. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Could we get a motion? Commissioner Gonzalez: Any -- Commissioner Sarnoff So moved. Commissioner Gonzalez: -- little will help. Chair Sanchez: All right. Motion by -- Commissioner Gonzalez: Any little amount helps, so I move it. Vice Chair Spence -Jones: Second. Chair Sanchez: Motion has been -- Commissioner Sarnoff Very well. Chair Sanchez: -- made by Commissioner Sarnoff second by Commissioner Gonzalez. Discussion on the item. This is a settlement from the CityAttorney's Office. No discussion on the item. RE. 5, 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 74 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 RE.6 09-01055 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ACCEPTING AND ADOPTING, THE REVISED OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT PLAN ("REVISED REDEVELOPMENT PLAN") PREPARED IN JANUARY 2006, BY ZYSCOVICH ARCHITECTS AND REVISED IN JUNE 2009, BY THE MIAMI COMMUNITY REDEVELOPMENT AGENCY WITH SUPPORT FROM THE CITY OF MIAMI PLANNING DEPARTMENT; ACKNOWLEDGING THAT THIS REVISED PLAN IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXTENDED UPDATED BOUNDARIES AS SET FOR IN "EXHIBIT A," ATTACHED AND INCORPORATED; INCORPORATING THESE NEW BOUNDARIES IN THE REDEVELOPMENT PLAN; AND FILING SAID BOUNDARIES, WITH A REVISED MAP, WITH THE CITY CLERK, PURSUANT TO SECTION 14-252 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 09-01055-Legislation-SUB.pdf 09-01055 Exhibit.pdf 09-01055-Exhibit 2.pdf 09-01055-Exhibit 3.pdf 09-01055-Exhibit 4.pdf 09-01055 Summary Form.pdf 09-01055 Planning Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be CONTINUED 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 RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado (RE.6) 09-01055 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ACCEPTING AND APPROVING THE AMENDED OMNI REDEVELOPMENT PLAN, ATTACHED HERETO AND INCORPORATED HEREIN AS "EXHIBIT "A", (HEREINAFTER, THE "PLAN"), AS AMENDED TO INCLUDE THE PORT TUNNEL AND MUSEUM PARK PROJECTS, ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBITS "B" AND "C" (HEREINAFTER, COLLECTIVELY, THE "PROJECTS") (HEREINAFTER, THE PLAN, AS AMENDED TO INCLUDE THE PROJECTS, SHALL COLLECTIVELY BE REFERRED TO AS "THE AMENDED 2009 PLAN"); ACKNOWLEDGING THAT THE PLAN IS IN CONFORMITY WITH THE CITY'S COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE CITY; ACCEPTING THE EXPANDED BOUNDARIES AS SET FORTH IN APPENDIX "C" OF THE AMENDED 2009 PLAN; DIRECTING THE CITY MANAGER TO TRANSMIT THE AMENDED 2009 PLAN TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS FOR APPROVAL; INCORPORATING THE City ofMiami Page 75 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 EXPANDED BOUNDARIES IN THE AMENDED 2009 PLAN; AND FILING THE LEGAL DESCRIPTION OF SAID BOUNDARIES, WITH A REVISED MAP, WITH THE CITY CLERK, PURSUANT TO APPLICABLE LAW, UPON THE APPROVAL AND ADOPTION OF THE AMENDED 2009 PLAN BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS; FURTHER AUTHORIZING THE EXPANSION OF THE EXPANDED BOUNDARIES, IF AND TO THE EXTENT NECESSARY, TO INCLUDE THE PORT TUNNEL PROJECT, IN ACCORDANCE WITH THE FINDING OF NECESSITY. 09-01055-Legislation-SUB.pdf 09-01055 Exhibit.pdf 09-01055-Exhibit 2.pdf 09-01055-Exhibit 3.pdf 09-01055-Exhibit 4.pdf 09-01055 Summary Form.pdf 09-01055 Planning Fact Sheet.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Sarnoff, Sanchez and Spence -Jones Absent: 2 - Commissioner Gonzalez and Regalado [Later...] Chair Sanchez: All right, ladies and gentlemen, that concludes the CRA (Community Redevelopment Agency) meeting. Now we go back to the regular Commission meeting. All right, let's -- why don't we take the CRA item -- let's take the CRA item now since you're here. Vice Chair Spence -Jones: Where are we on the agenda? Chair Sanchez: All right, let's -- Vice Chair Spence -Jones: What are we doing? Chair Sanchez: -- take up the CRA item. Two -- there are two items on the regular agenda for the CRA. We need to, I believe, defer RE.6. Vice Chair Spence -Jones: RE.6? Priscilla A. Thompson (City Clerk): That's correct. Chair Sanchez: Huh? Ms. Thompson: RE.6 is correct. Vice Chair Spence -Jones: Oh, yeah, yeah, yeah. We got to defer -- Chair Sanchez: Okay. All right. Vice Chair Spence -Jones: We need a motion on that? Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second. Chair Sanchez: All right, there's a motion and a second to defer RE.6 till when? City ofMiami Page 76 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Larry Spring (Chief Financial Officer): I guess it would be the -- Chair Sanchez: October 8? Mr. Spring: -- October 8 meeting. Chair Sanchez: October 8 meeting. Commissioner Regalado: No. Because you're deferring the CRA item to October 28, so the CRA has to vote first. Mr. Spring: Not -- I don't -- well, Madam -- Gail -- Commissioner Regalado: Yes, it does. Chair Sanchez: All right, folks, we have -- still have a very long regular agenda before we get to the budget. All right. Vice Chair Spence -Jones: Where are we? Chair Sanchez: I'm trying to stay in order here and do the CRA items. Vice Chair Spence -Jones: We only had one, RE.6. Mr. Spring: Okay. Chair Sanchez: All right. Mr. Spring: Yes, we'll -- Commissioner, we'll have to defer until after the CRA's heard the item, so -- Chair Sanchez: So it'll be -- Mr. Spring: The November meeting. Chair Sanchez: The November meeting? Mr. Spring: Because the CR -- if we can do it on the second meeting, we would like to. Chair Sanchez: That's October the what? Mr. Spring: Twenty-second. Chair Sanchez: All right, so let's defer it till October 22. Ms. Thompson: The CRA meeting is scheduled for October 26. Vice Chair Spence -Jones: Yes. Commissioner Sarnoff So move that up. Vice Chair Spence -Jones: We can move it to -- Chair Sanchez: You decide; that's your item. It's a CRA item. City ofMiami Page 77 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Spring: We would prefer the -- to defer to the October 22 -- Commissioner Sarnoff Right. Mr. Spring: -- City Commission meeting. Commissioner Sarnoff Set the City Commission meeting for the 22nd and we'll have to move the CRA up. Mr. Spring: Right. Vice Chair Spence -Jones: Okay. Chair Sanchez: All right. Vice Chair Spence -Jones: Yes, we can do that. Chair Sanchez: So we're set. So it deferred to October 22. Vice Chair Spence -Jones: Twenty-second. Chair Sanchez: All right. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.6 has been deferred. "[Later...]" Chair Sanchez: RE.6. RE.6 is a resolution from the City Manager's Office. Commissioner Gonzalez: That was -- Commissioner Regalado: It was defer. Pedro G. Hernandez (City Manager): That was deferred. Chair Sanchez: Deferred. Ms. Thompson: Right. Commissioner Gonzalez: It was deferred. Chair Sanchez: All right, I do apologize. Yes. Vice Chair Spence -Jones: RE.7. Chair Sanchez: RE.7, City Manager's Office. Pieter Bockweg (Assistant to Senior Director, Building, Planning, Zoning): Pieter Bockweg, project manager. RE.7 is the resolution to allow billboards -- a billboard in three City parks, Jose Marti, Overtown Plaza, and Robert King High. City ofMiami Page 78 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: All right. We're on RE.7. It's a resolution. Can I get a motion? Commissioner Gonzalez: Move it. Chair Sanchez: Motion by Commissioner Gonzalez. Is there a second? Vice Chair Spence -Jones: Second. Chair Sanchez: It's not a public hearing. It is a resolution. It does not require a public hearing, and we're not going to open it to the public unless we get three votes. All right, public hearing is closed on the resolution. Discussion. Any of the Commissioners wishing to discuss the item? Commissioner Sarnoff I do. Chair Sanchez: All right. Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff Mr. Manager, has this been put out to RFP (Request for Proposals) 'cause this appears to be a no -bid? Mr. Hernandez: We could have done it in that fashion. However, I think that once you look at it, the other firms that are doing considerable work for us that already have settlements, like Clear Channel and Carter, would not be able to participate because, in essence, they have already committed or have used up their sites. Commissioner Sarnoff So they don't have any further billboard ability other than -- as a result of their settlements? Mr. Hernandez: I'm going to have Pieter address that detail. Go ahead. Mr. Bockweg: Carter -- in Carter's agreement, they allow a one -for -one swap, meaning one up, one down, and that -- to the terms of the settlement agreement, they are still able to do that. Clear Channel is not. They're -- in the contract they've lapsed the time of when they could submit FDOT (Florida Department of Transportation) permits, and CBS, which we had come to an agreement with in the beginning of -- or the middle of last year, still needs to fulfill their 15 permits in the settlement agreements, and by way of giving this to CBS, it's easier for them to fulfill those requirements in their settlement agreement. Commissioner Sarnoff I don't know. Okay. Chair Sanchez: All right. Any further discussion on the item? There's a motion and a second. It's a resolution. All in favor, say "aye." Mr. Bockweg: Mr. Chair, there are two amendments that I just want to make you aware of. The one that I passed out yesterday in the license agreement, it says "real or personal property." Chair Sanchez: That was just one -- Mr. Bockweg: Right. Chair Sanchez: -- word. Mr. Bockweg: And that was it. And also that we'd like the ordinance to become -- the resolution to become effective October 5. Chair Sanchez: All right. The maker of the motion accepts the amendments? All right. City ofMiami Page 79 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: Second. Chair Sanchez: Hearing no discussion on it, all in favor, say "aye," as amended. The Commission (Collectively): Aye. Chair Sanchez: It's been approved, Madam Clerk, as amended. [Later..] Chair Sanchez: All right. Why don't we take up RE.6. RE.6 is accepting and adopting the revised Omni Redevelopment District Community Redevelopment Plan. Commissioner Sarnoff No. I need to -- right. I need to do -- sorry. Chair Sanchez: Think it's an amendment? Commissioner Sarnoff No. I need to do a motion for reconsideration. Chair Sanchez: On that? Ms. Thompson: Yes. Commissioner Sarnoff Yes. Chair Sanchez: Okay. So before we bring it up, we need a motion -- Commissioner Sarnoff No, no. A motion for reconsideration of my motion for continuance. Chair Sanchez: Let me just explain it. This item was deferred and therefore, we -- the meeting was in recess, so therefore, now, we need a -- you need a motion to reconsider. So the appropriate motion, Commissioner Sarnoff, is motion to reconsider. Your motion -- Commissioner Sarnoff Motion to reconsider my motion -- Chair Sanchez: Need a second. Commissioner Sarnoff -- for continuance. Vice Chair Spence -Jones: Second. Chair Sanchez: Second by the Vice Chair. Okay, Commissioner Sarnoff you're recognized for the record. Commissioner Sarnoff Yeah. I just want to reconsider my motion to put this off to, I think it was, the second meeting in October and so I can have it considered again today. Chair Sanchez: Okay. So that's the motion. All in favor, say "aye." Vice Chair Spence -Jones: I'm sorry. I just want -- I just -- Chair Sanchez: Discussion. Vice Chair Spence -Jones: No. That's okay. Jim, you want to -- Jim is just making a point that City ofMiami Page 80 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 we need to make sure that we amend it to include the other items that we had on there earlier. Commissioner Sarnoff Yeah. I'm just doing the motion for reconsideration. Vice Chair Spence -Jones: Okay. Chair Sanchez: Okay. Vice Chair Spence -Jones: Okay. Commissioner Sarnoff Then I'll get to the motion. Vice Chair Spence -Jones: Okay. Chair Sanchez: So there's a motion and a second for reconsideration. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. All right. Commissioner Sarnoff Then I'd like to do a motion to approve the motion attached hereto as 09-01055 and adopt all of the argument and statements I put on the record at the CRA (Community Redevelopment Agency) meeting, and that is my motion. Chair Sanchez: All right. There's a second. Any discussion on the item? Ms. Thompson: That was the motion. Chair Sanchez: It is a resolution. Ms. Thompson: That was a motion. The seconder? Chair Sanchez: Vice Chair makes the motion. Commissioner Sarnoff Second. Vice Chair Spence -Jones: I didn't make the -- he made the motion; I made the second -- I'm making the second but with those recommendations on it. Chair Sanchez: Folks, it is getting late. Vice Chair Spence -Jones: Yes, sir. Chair Sanchez: -- Commissioner Sarnoff makes the motion -- Vice Chair Spence -Jones: With the recommendation -- Chair Sanchez: -- you second it. All the arguments that stipulated earlier today in the CRA meeting -- Vice Chair Spence -Jones: Yes. Chair Sanchez: -- okay. All in favor, say "aye." City ofMiami Page 81 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. Ms. Thompson: As modified. Chair Sanchez: Okay. As modified -- Vice Chair Spence -Jones: As modified. Chair Sanchez: -- Madam Clerk. Ms. Thompson: Thank you. Unidentified Speaker: Thank you very much. RE.7 08-00678a RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE PLACEMENT OF BILLBOARDS WITHIN PARK LIMITS AT JOSE MARTI PARK, ROBERT KING HIGH PARK, AND OVERTOWN PLAZA; AUTHORIZING THE CITY MANAGER TO EXECUTE LICENSE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORMS, AS "EXHIBITS A" THROUGH "C", WITH CBS OUTDOOR, INC., AND ALL NECESSARY DOCUMENTS FOR THIS PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 08-00678a Legislation.pdf 08-00678a Exhibit.pdf 08-00678a Summary Form.pdf 08-000678a-Submittal- Sign Location Agreement- Jose Marti Park.pdf 08-000678a-Submittal- Sign Location Agreement- Robert King High Park.pdf 08-000678a-Submittal- Sign Location Agreement- Overtown Plaza.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0439 RE.8 08-00678b RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), AUTHORIZING THE PLACEMENT OF A BILLBOARD AT GRAPELAND PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH CBS OUTDOOR, INC., AND ALL NECESSARY DOCUMENTS FOR THIS PURPOSE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 08-00678b Legislation.pdf 08-00678b Exhibit.pdf 08-00678b Summary Form.pdf 08-000678b-Submittal- Sign Location License Agreement- Grapeland Park.pdf Motion by Commissioner Gonzalez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City ofMiami Page 82 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0440 Chair Sanchez: All right, RE.8. Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): RE.8 is the allowance of a billboard in Grapeland Park -- Commissioner Gonzalez: I'll move it. Mr. Bockweg: -- and with the same two -- Commissioner Gonzalez: Let me ask you. Mr. Bockweg: -- amendments. Commissioner Gonzalez: The base on that -- Vice Chair Spence -Jones: Second for discussion. Commissioner Gonzalez: -- is 55,000? Mr. Bockweg: That's correct. Chair Sanchez: For the record, there's been a motion by Commissioner Gonzalez, second by the Vice Chair for the purpose of discussion. Commissioner Gonzalez -- Commissioner Gonzalez: All right. Chair Sanchez: -- you're recognized for the record. Commissioner Gonzalez: No. I had a question, if the base on that contract or on that lease was $55,000? Mr. Bockweg: That's the minimum, correct. Commissioner Gonzalez: Or 20 percent of revenue? Mr. Bockweg: Whichever is greater. Commissioner Gonzalez: All right. And it keep increasing every year, right? Mr. Bockweg: Every five years -- Commissioner Gonzalez: Every five years. Mr. Bockweg: -- 5 percent. Commissioner Gonzalez: All right. Vice Chair Spence -Jones: May I --? Chair Sanchez: Vice Chair. Vice Chair Spence -Jones: I just have one question. I just wanted to be clear. I mean, this City ofMiami Page 83 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 equates to additional revenues, correct? Commissioner Gonzalez: For the park. Mr. Bockweg: For the park -- Vice Chair Spence -Jones: For the -- Commissioner Gonzalez: Yes. Mr. Bockweg: -- where the billboard is placed. Vice Chair Spence -Jones: All right. So again, us losing resources that we're going to be losing unfortunately from this upcoming budget, now these shortfalls can be handled with, for instance, this kind of deal, correct? Commissioner Gonzalez: Right. Mr. Bockweg: That's correct. Commissioner Gonzalez: Correct. Vice Chair Spence -Jones: Okay. I just want to be clear that that's where the money's going. It's not being dumped into general fund -- Commissioner Gonzalez: No, no, no. Vice Chair Spence -Jones: -- or it be swallowed up in something else. Pedro G. Hernandez (City Manager): For the parks. Vice Chair Spence -Jones: It'll support those kids that are -- Mr. Hernandez: For the park. Vice Chair Spence -Jones: -- in the parks and their programs, correct? Mr. Bockweg: That's correct. Commissioner Gonzalez: It's earmarked to the park, right? Mr. Bockweg: The money's that's generated from the signs will go directly into that specific park where it's located. Vice Chair Spence -Jones: Okay. Can you just put on the record what that amount is for the area? Mr. Bockweg: For which park? Vice Chair Spence -Jones: Any -- it's all the same, isn't it? Mr. Bockweg: For Grapeland, it's -- no. It depends on the location of the billboard. Vice Chair Spence -Jones: Oh. So it's higher each place? City ofMiami Page 84 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Bockweg: Right. Vice Chair Spence -Jones: Okay. Mr. Bockweg: But the minimum for Robert -- for RE.8, Grapeland is $55, 000 minimum or 20 percent, whichever is greater, and then it goes up incrementally 5 percent every 5 years. Vice Chair Spence -Jones: Oh, that's great, that's great. Okay. Commissioner Sarnoff Mr. Manager -- I apologize, Commissioner. Is it okay? Vice Chair Spence -Jones: Yeah. I just wanted to make sure it equated to supporting programs, and I know that we need programs to support our kids in the park, so I support it 100 percent for that purpose. Commissioner Sarnoff Is the rationale behind keeping the money in the district Commissioner's park where the billboard is as a result of the impact theoretical of the billboard in that park? Mr. Hernandez: Commissioner, the way I would answer that is that the park that is absorbing the billboard should receive the benefit from that specific billboard. Commissioner Sarnoff Right. You're saying there's an impact of some type of blight -- Commissioner Gonzalez: Right. Commissioner Sarnoff -- for that bill -- from that billboard in that park, so you determine, as a matter of policy, that to mitigate that impact you spend the dollars where the impact is felt. Mr. Hernandez: You're correct, sir. Commissioner Sarnoff And that should be City policy, correct, sir? Vice Chair Spence -Jones: Yes. Mr. Hernandez: I think that's sound policy. Commissioner Sarnoff Thank you, sir. Chair Sanchez: All right. We are on RE.8, correct? Commissioner Gonzalez: Mr. Chairman. Chair Sanchez: Commissioner Gonzalez. Commissioner Gonzalez: By the way, remember that I told you that in LeJeune Road there used to be a billboard, okay. Mr. Bockweg: That's correct. Commissioner Gonzalez: And there is a site available at the golf course site on LeJeune Road, not on the neighborhood, not on -- Mr. Bockweg: Right, right. Commissioner Gonzalez: -- on LeJeune Road, okay. And if there is a possibility of any company City ofMiami Page 85 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 being interested in, you know, coming up with an agreement similar to this or better, you know, that will also help the golf course maintenance. Mr. Bockweg: Commissioner, it's my understanding they are looking into that location. Commissioner Gonzalez: All right. Very good. Vice Chair Spence -Jones: And not that want to get stuck on billboards. I know you're ready -- I know we have to get past this, but know that do have also, Pieter, in my particular district, some of the parks. One, I think, is in the Overtown area (UNINTELLIGIBLE). Mr. Bockweg: Overtown Plaza. Vice Chair Spence -Jones: And what's the other area? Mr. Bockweg: Gibson Park is in the area. Vice Chair Spence -Jones: Yeah. Is that the only one I have in my area? Mr. Bockweg: Overtown Plaza and Gibson was -- Gibson was considered, but according to the FDOT (Florida Department of Transportation) use test, it did not qualify because of the distance requirements from commercial. Vice Chair Spence -Jones: So it goes to which one? Mr. Bockweg: Overtown Plaza. Vice Chair Spence -Jones: Plaza. I just want to make sure that the -- and this may not -- I guess I can get clarity down the line. I just want to make sure, Pieter, that those resources, while they might benefit whatever's happening into the park, that doesn't mean it goes into the overall funds for the parks. For instance, you may have a -- for instance, at Hadley Park -- I use that for an example -- I'm losing all of the dollars that have for elderly feeding there. That's a perfect example. I want to know if there's an organization that provides that service. Is if any -- could it be an organization or does it have to go through the Parks programs itself? Mr. Bockweg: The monies generated would have to go into the park, the use of that park. As far as organizations or not, I'm not sure. Vice Chair Spence -Jones: Okay. I just want to make sure that there's flexibility because you may -- Commissioner Gonzalez, you may have an organization that's providing services that no longer can provide the services, so I just want to be clear on that. But now you could support them with this. Okay. That's it. I'm done with it. Chair Sanchez: All right. Let's vote on it. It's a resolution. All in favor, say "aye." Madam -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair, but according to my records, you have a substitute. Mr. Bockweg: I'll put it on the record real quick. It's the same substitute as before, the "or" -- the "real or" and again effective date, October 5. Chair Sanchez: All right Ms. Thompson: Thank you. City ofMiami Page 86 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: So substitution has been put on the record. We have a motion and a second. Ms. Thompson: Modified. Chair Sanchez: Modified. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. RE.9 09-01053 RESOLUTION District2- A RESOLUTION OF THE MIAMI CITY COMMISSION OPPOSING Commissioner FLORIDA POWER AND LIGHT 'S SITE CERTIFICATION APPLICATION Marc David Sarnoff TO PLACE OVERHEAD HIGH VOLTAGE TRANSMISSION LINES ON US HIGHWAY 1 TO CONNECT THE TURKEY POINT POWER PLANT TO THE DOWNTOWN SUBSTATION WITHIN THE CITY OF MIAMI; URGING THE REVIEW OF ALTERNATE CORRIDORS AND UNDERGROUND LINES WITHIN THE CITY OF MIAMI INSTEAD. 09-01053 Legislation 10-8-09.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item RE.9 was deferred to the Commission meeting currently scheduled for October 8, 2009. RE.10 09-01062 RESOLUTION District 2- A RESOLUTION OF THE MIAMI CITY COMMISSION CODESIGNATING Commissioner SOUTHEAST 25TH ROAD FROM BRICKELL AVENUE TO BISCAYNE BAY, Marc David Sarnoff MIAMI, FLORIDA, AS "TORY JACOBS BOULEVARD;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 09-01062 Legislation10-8-09.pdf 09-01062 Biography 10-8-09.pdf 09-01062 Application 9-24-09.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item RE.10 was deferred to the Commission meeting currently scheduled for October 8, 2009. RE.11 09-01061 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING ITS Office INTENTION TO PARTICIPATE IN A PILOT PROGRAM ALLOWING 1,000 FOOT SPACING OF OUTDOOR ADVERTISING SIGNS ALONG EXPRESSWAYS IN THE CITY OF MIAMI ("CITY"), SUBJECT TO CONDITIONS; FURTHER AUTHORIZING THE CITY MANAGER TO NOTIFY THE FLORIDA DEPARTMENT OF TRANSPORTATION OF THE CITY'S City ofMiami Page 87 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 INTENTION TO PARTICIPATE IN SUCH PILOT PROGRAM. 09-01061 Legislation.pdf 09-01061 Summary Form.pdf 09-01061 Message Displays.pdf Motion by Commissioner Regalado, seconded by Commissioner Gonzalez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0451 A motion was made by Commissioner Sarnoff, seconded by Commissioner Gonzalez, and was passed unanimously, to open a public hearing for RE.11. Chair Sanchez: So let's take up RE.11 and then we'll go and do a couple of the PZ (Planning & Zoning) items, and then when we get to maybe 5:30, we'll go ahead and have the public hearing for the budget. All right. Go ahead, RE.11. Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): RE.11. Pieter Bockweg, project manager. RE.11 is a resolution of the City ofMiami expressing its intent to partake in the thousand foot spacing that was passed in House Bill 1021 -- State Bill 1021. Chair Sanchez: Okay, RE.11. It's a resolution. Is there a motion? Commissioner Regalado: Move it. Chair Sanchez: There's a motion by Commissioner Regalado. Is there a second? Commissioner Gonzalez: I'll second it. Chair Sanchez: Seconded by Commissioner Gonzalez. All right, the item is under discussion. Anyone wants to address this item under discussion? Commissioner Sarnoff I -- Chair Sanchez: So it's a resolution; no public hearing. Commissioner Sarnoff Well, I'd like -- I could support this is there were some stipulations put into this. Chair Sanchez: All right, then let's get a motion and a second, and get three votes to allow him to talk. Commissioner Sarnoff I move to allow CBS and Carter to speak. Chair Sanchez: All right. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: All right, there's a second. Commissioner Gonzalez: Go ahead. Chair Sanchez: All in favor, say "aye." City ofMiami Page 88 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Commission (Collectively): Aye. Chair Sanchez: Sir, you're recognized for the record. Five -thirty we're starting the budget hearing, five -thirty sharp. Herminio San Roman: Good afternoon, Mr. Chairman, Commission, and staff. My name is Herminio San Roman, with offices at 500 South Dixie Highway. I represent Carter Outdoor, and I just wanted to say that we support this proposed ordinance the way it's written; that we have agreed that we will not build any new billboards east of Federal Highway, and that this will also give us the opportunity to look for alternative sites to relocate two billboards presently existing, one which is at 7th Street and approximately Southwest 2ndAvenue; another one located at Northwest 36th Street and 22nd Avenue. And we're processing one -- we have not obtained permits -- but we're processing one at 409 Northeast 36 Street that we also plan to abandon if this ordinance -- if this resolution's approved as proposed, and we'll be able to find the alternate sites. Thank you. Commissioner Sarnoff You're tendering this as a voluntary covenant? Mr. San Roman: Yes, sir. Ines Marrero-Prieguez: Yes. Good evening, Mr. Chair, members of the Commission. Ines Marrero, with offices at 701 Brickell Avenue, on behalf of CBS Outdoor to address the questions of the Commissioner. Commissioner Sarnoff Move to allow -- well, I think you were allowed. CBS was allowed. Chair Sanchez: Open it up to the public. Anyone can come and address the Commission now based on -- so you're recognized for the record -- Commissioner Sarnoff Go ahead. Chair Sanchez: -- but you're here only for questions, right? Ms. Marrero-Prieguez: Yes, just for questions. Chair Sanchez: All right. Does anybody have any questions? All right, hearing no questions, I guess we could -- Joe Little: I think -- Chair Sanchez: Sir, you need to state your name and address for the record. Mr. Little: My name is Joe Little, 6904 Cypress Park Drive, Tampa, Florida. For the record, CBS also voluntarily agrees that there'll be no new billboard sites east of Federal Highway. Chair Sanchez: Okay. Commissioner Sarnoff Thank you, sir. Chair Sanchez: All right. Commissioner Sarnoff It's a voluntary covenant, right? Ms. Marrero-Prieguez: Yes. City ofMiami Page 89 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Little: Yes, sir. That was a voluntary covenant. Commissioner Sarnoff Thank you. Chair Sanchez: All right, it's a voluntary covenant proffered by both. Okay. Any further discussion on the item? If not, we are on RE.11, so there was a motion and a second. No further discussion. It's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. It's been approved, 5-0, RE.11. "[Later...]" [Later... ] Mr. Bockweg: Mr. Chair, I forgot to mention that the last billboard item, RE.11, we would like that also to be effective October 5 the resolution to be effective on October 5. Chair Sanchez: I think you put that on the record as the amendment. Priscilla A. Thompson (City Clerk): Does that then mean you have a modified resolution? Mr. Bockweg: It would be effective October 5. Ms. Thompson: Is -- Mr. Bockweg: That's correct. Ms. Thompson: Is that a change to what was presented? Mr. Bockweg: It's different than what was -- yes. Ms. Thompson: Okay. Then that is modifying the resolution. Chair Sanchez: Okay. For the record, the resolution has been modified. RE.12 09-01067 RESOLUTION District 3- Chair Joe Sanchez A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO INSTITUTE A "USE IT OR LOSE IT" POLICY FOR ALL UNCLASSIFIED EMPLOYEES PRECLUDING THE ACCRUAL OF CERTAIN BENEFITS, SPECIFICALLY COMPENSATORY TIME, SICK TIME, VACATION TIME, AND OTHER RELATED BENEFITS, AND TO PROVIDE THE CITY COMMISSION A REPORT OF SAID ACTION BEFORE ITS IMPLEMENTATION. 09-01 067-Legislation-SUB.pdf Motion by Chair Sanchez, seconded by Vice Chair Spence -Jones, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0433 City ofMiami Page 90 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 accumulated by unclassified city employees and to consider the establishment of a cap for said accumulation, and to provide a policy for City Commission consideration in 30 days. Chair Sanchez: This resolution that I am proffering, which is a resolution -- Priscilla A. Thompson (City Clerk): I'm sorry. Just so we can keep our record clear, we're moving to -- Chair Sanchez: RE.12. Ms. Thompson: Thank you. Chair Sanchez: RE.12, and this basically is the use it or use it policy for all unclassified employees, precluding the accurate [sic] of certain benefits -- the accruement [sic] of certain benefits. You know, it costs the City upwards of $20 million next year to pay for current vacation banking time that we have in benefits that we pay our City. Twenty million dollars. If you look at some of our employees that have had the opportunity to bank a lot of these hours -- and I'm not going to mention any names -- but you've got certain individuals banking out of these saved times, a check for $74, 000, $87, 000 vacation hours; one even sold 1,160 hours ofvacation time worth $96, 000. It's great to work for the government, especially when you can bank all these hours. When you make them a certain day, when you're -- a certain time in your career where your salary may not be that high, but you're able to bank it for your entire career and then cash it out at the last minute. Ladies and gentlemen, the City could save about 1.5, almost $2 million if we enact this legislation or legislation comes back. This is just a resolution asking the City Manager to review and come back and make recommendations because let me tell you, a lot of City employees have been misbehaving when it comes times to their accured [sic] vacation time, and it's costing taxpayers, once again, millions of dollars. Now, I'm not saying sick time because, you know, you can get sick. You or your family may need a surgery. You can bank your sick time. God forbid you should need it, you have it. But what I want to do is ask the Administration to come back where we could put a cap at this to look at the leave time that is being used as a payout on retirement, that I have a problem with, when someone saves all those hours and uses it as a buyout when he gets out from the City. So Mr. City Manager, this is just a resolution clearly asking you to come back within 30 days to review a policy and come back with some recommendations -- with some recommendations to us to start getting restrictions on this, putting caps in certain hours so we don't continue with that abuse that's going on in the city costing us -- once again and costing our taxpayers millions of dollars. Pedro G. Hernandez (City Manager): Commissioner, I agree with the fact that we have to be fiscally responsible and this practice is not proper in these times of austerity. But I think that I need to put on the record that it's not illegal. There is no one committing any kind of a crime when they, in the past, have sold vacation time. It was a past practice or it is a past practice that the City has had for I don't know how many years, and in today's economic environment and in order to be fiscally responsible, we have to change that practice. But I want to be sure that it's understood on the record that it's not that they were committing any wrongdoings. Chair Sanchez: Mr. Manager, first of all, I'm not saying that you're doing anything wrong or they're doing anything wrong. Let me tell you something, the private sector puts a cap on just about everything. You think it is right for someone to cash out 1,160 hours ofvacation hour and walk home with a $96, 000 check? You think people do that in the private sector? Private sectors have caps on what you can accumulate. The rest you use it or lose it because, once again, we are in different times. We are in a financial crisis, not our city; the whole entire United States, and it is our responsibility to bring some regulations to this, to stop the abuse that continues to go -- I've had people say they've never been sick, and they've worked here for 30 years. Never been sick. Maybe we should give them award, make them employer of -- City ofMiami Page 91 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Sarnoff They do get an award. Chair Sanchez: -- (UNINTELLIGIBLE). Huh? Commissioner Sarnoff They get a perfect attendance award and paid for it. Chair Sanchez: So all I'm saying is, once again, if we're going to ask people to make sacrifices and make adjustments, government must do the same. We cannot live beyond our means, and it is time -- the time has come -- there's no tomorrow; it's today -- to do everything we can to get this house in order, and I'm asking you to come back -- this is a resolution asking you to look at the policies and come back with recommendations to this legislative body, who are the policymakers, to come up with a policy, a clear policy where there could be no loopholes or no abuse because once again, cashing out 1,160 hours of vacation time is unacceptable. Commissioner Regalado: Can I --? Mr. Hernandez: Commissioner, I agree, and we'll come back with a proper report on policies to change the practice. I think the goal and the savings to the City would be the fact that you would control the growth of the banked hours, and that's really the objective. Commissioner Sarnoff All right. We have Commissioner Regalado and then we're going to have Commissioner Spence -Jones. Commissioner Regalado: Thank you, Mr. Chairman. Madam City Attorney or Manager, whoever, this is for new employees or we have the authority and the ability to limit what the people have accrued already? Mr. Hernandez: Commissioner, like any legislation, this applies prospectively, and whatever hours employees have already banked would not be affected, so we're looking at establishing a new practice that would prospectively not allow employees to bank in the future. Whatever they have for a year, they have to use within that year, and whatever they don't use is lost. They cannot, in essence, carry it over and bank it. Commissioner Regalado: So this will be felt in the future, which is -- it's good for the future, but I'd like to sort of understand. I have heard that since this legislation was announced, there have been a flood of people wanting to see the cash, show me the money. Do we know how many or do we know --? Mr. Hernandez: There's been a, I would say, small number. I want to say a small number -- I can count them on my hands -- that were approved. The rest were stopped and were brought to my office because my understanding is that do have discretionary power over the approval of those cash -out requests and I will review those and determine which ones, if any, are -- let's say, have the merit to go forward. Commissioner Regalado: Several -- I think several department directors and several assistant directors also wanted to cash in. Mr. Hernandez: They might have filled out applications. As I told you before, the one that's were approved probably are four or five; the rest have held up and I will further review. Commissioner Regalado: No. I understand, but the reason that mention this is that -- I mean, the directors also get to accrue? Mr. Hernandez: Yes. And they all have caps on how much they can bank, depending on the position. It could be 200 or 300 or 500 hours. I don't know it by heart, but there are caps that City ofMiami Page 92 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 go with different levels in the organization. Commissioner Regalado: No. I know. An assistant director wants to cash -- well, he has 638 hours of vacation and he wants to cash 638. Mr. Hernandez: There is also a -- I think a rule that says that you can't go over 200 unless -- in any fiscal year, unless you have a frue emergency. Commissioner Regalado: Okay. So this -- the people that are cashing in will impact this budget year? Mr. Hernandez: Yes, they could. Commissioner Regalado: Not -- Mr. Hernandez: I mean -- yes, they could. And, in essence, as I mentioned before, I've held those applications. They're sitting in my office right now, and I'll review them one by one and determine if they have any merit. Commissioner Regalado: Okay. Commissioner Sarnoff Commissioner Spence -Jones. Vice Chair Spence -Jones: Thank you, Mr. Chairman. The only thing I just wanted to be clear on the legislation was, Madam City Attorney, is basically a report that -- and Mr. Manager -- is a report you guys are going to get back to us before we actually take a vote on it, and also just -- as far as the policy is concerned, I'm assuming you're going to investigate other policies similar to this to see whatever we could create that makes sense for the City, correct? Mr. Hernandez: But eventually, at the end, there will be an APM (Administrative Policy Manual), a policy that will be established by my office to govern how this is done. Vice Chair Spence -Jones: Okay. Chair Sanchez: Basically, it's very simple. It's directing the City Manager to review the policy and come back with recommendations within 30 days. So moved. Commissioner Sarnoff All right. So -- Vice Chair Spence -Jones: Second. Commissioner Sarnoff -- I'd like to speak for a moment. First off I really want to applaud Commissioner Sanchez for looking into this, but we've been looking into this with the City Manager for about 60 days now, and I took a special interest in this because two of my prior opponents cashed in, respectively, for $80, 000 and the other one for $117, 000 of vacation time and sick time accrued, so I was just curious at what level this goes on in the City. As you all know, special pay accounts for about $20 million. But then I wanted to just necessarily eyeball - - let's take all the union contracts that we have obligated to, certainly for this fiscal year and for next fiscal year, and just investigate what would a change of policy create. To my surprise, Mr. City Manager, I didn't get an ADM [sic] from you because I don't think there is an ADM [sic]. I think you've conceded that. It is just what you call past practices. Ms. Bru: There's also a civil service rule that delineates certain -- Commissioner Sarnoff I'm talking about the non -classifieds. City ofMiami Page 93 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Hernandez: My staff is telling me that there is one. Commissioner Sarnoff You never produced it to me because I'm listening on the dais and I'm listening to you respond to Commissioner Regalado, and I'm listening to you to say '7'm using my discretion," and that tells me it's not a vested right. If you're using your discretion as to who gets what and when they get it, that tells me it's not a vested right. Mr. Hernandez: Commissioner, I have in my hands a -- it's an APMfrom November 15, 2001 that deals with vacation usage carryover and payoff. Commissioner Sarnoff For non -classifieds. Mr. Hernandez: Correct. Well, this one, it reads both classified and unclassified and executives. Commissioner Sarnoff Okay. Mr. Hernandez: And it's the one that makes reference to the number of hours that can be cashed. I believe that -- my understanding that a copy was given to your staff yesterday. Commissioner Sarnoff Maybe -- you know, maybe I could tell you, as of yesterday, the ADM [sic] was provided. I've been given all the charts -- matter of fact, this is a chart that I got from you yesterday, and this is a chart that indicates prospectively, so from September -- I'm sorry, October 1, 2009 to September 31 [sic], 2010, exactly how much we can achieve or how much we will see in non -classifieds for vacation banking and banking for sick time. But my question to you is -- and I'll get to this chart because I think there's some reasonably good news here -- is what kind of discretion do you use when there's an ADM [sic]? How can you tell a person not to go to the bank? Mr. Hernandez: Commissioner, reading from the second page of this APM, it says, "While being cognizant of vacation usage requirement, payment of up to a maximum of 200 hours unused vacation may be granted to an employee with the approval of the Labor Relations officer. Exceptions to the above payment of vacation shall be granted only on an emergency basis as approved by Labor Relations officer. So I think that there is discretion where I can hold this, let's say, rush to the bank. Commissioner Sarnoff So it's your intention then to make sure that we do not see the fiscal impact in 2009? Mr. Hernandez: I'm going to examine it and hold it back as much as I can. I will -- I haven't seen the applications one by one, but obviously, I believe that I do have discretionary power that I can exercise in this case. Commissioner Sarnoff You know, I just recommend that you go to the -- work in concert with the City Attorney on this because you're really crossing a line on what discretion you can use and can't use for what appears to be an ERISA (Employment Retirement Income Security Act) right. Ms. Bru: Just a point of clarification. There is a civil service rule that governs some of the provisions regarding sick and vacation accrued time, and it governs the conditions as to both classified and unclassified, so -- Commissioner Sarnoff Well, I think you may want to give some -- him some advice on ERISA simply because you can't treat people unequally or disparately and -- I just give you that mindful warning, and I think you should work in concert with the City Attorney on that. But the good City ofMiami Page 94 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 RE.13 09-00451 Office of Strategic Planning, Budgeting, and Performance news, the good news is prospectively going forward. If we do it -- if we do your new policy, it appears that we can possibly achieve a million dollars. Now, to me sitting in this chair, that's 13 police officers, so I laud maybe not your timing; I laud the fact that you are bringing this forward. I can absolutely vote on this because I've been working on this for 60 to 70 days. I have gone through seven iterations of various lists of how they describe this, and this is something that we need to look at in terms of future collective bargaining agreements simply because -- for instance, in the New York City Fire Department, they have to take their vacation. You know why? They want their firemen to be rested. You don't bank it. You have to take it. and I think it's a good policy, fiscally responsible policy, and I give Commissioner Sanchez a lot of credit for bringing it and getting it to the forefront, so -- Chair Sanchez: All right, call the question. It's a resolution. Commissioner Sarnoff We have a resolution. We have a first and a second. All in favor, please say" aye. " The Commission (Collectively): Aye. Ms. Thompson: Chair -- Chair Sanchez: All right. Yes, ma'am. Ms. Thompson: I'm sorry. Acting Chair Sarnoff I want to make sure that we're recording that resolution as being modified? There were changes made to it, amendments. Chair Sanchez: It's not modified. Commissioner Sarnoff Oh, yeah, it was -- Chair Sanchez: It's a very simple resolution which clearly directs -- Commissioner Sarnoff She's right. These two words were changed. Three words were changed. Chair Sanchez: What? Commissioner Sarnoff Said action before its implementation. You're right. Chair Sanchez: Okay. As modified, yes. Ms. Thompson: Thank you. Chair Sanchez: All right, listen, City ofMiami Commission stands in recess for lunch. We'll be back at 2 o'clock for the shade meeting. We're going to do the CRA (Community Redevelopment Agency), we're going to do MSEA (Miami Sports & Exhibition Authority); we're going to come back to the Commission meeting and hopefully we'll be done by 5 where we'll address the budget hearing at 5:05, which was properly advertised. City ofMiami Commission stands in recess. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009. 09-00451 Summary Form.pdf 09-00451-Attachment Page.pdf City ofMiami Page 95 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Chair Sanchez: Okay. Any other item -- Pedro G. Hernandez (City Manager): Mr. Chairman. Chair Sanchez: -- on the regular agenda? Mr. Manager, you would like to defer, continue. Mr. Hernandez: On the agenda -- regular agenda, I would like to, in essence, defer to October - - I would say the second meeting in October, RE.13. Chair Sanchez: RE.13 -- Mr. Hernandez: Yes. Chair Sanchez: -- deferred to the second meeting of October. All right. There's a motion -- Mr. Hernandez: And, if you want me, I also have some Planning & Zoning items that I -- Chair Sanchez: Yes. Let's -- Mr. Hernandez: -- could deal with right now. Chair Sanchez: -- get them out of the way in case somebody -- Mr. Hernandez: Because these -- Chair Sanchez: -- here for PZ (Planning & Zoning), they could go home. Mr. Hernandez: -- are items that are -- they're Administration's items, which are PZ.14, PZ.15, PZ.16, and PZ.17. Chair Sanchez: So for the record, PZ.14 through 17 have been deferred to October 8. Need a -- Mr. Hernandez: Well, that will -- yes, yes. Chair Sanchez: All right. Mr. Hernandez: You're right, October 8. Chair Sanchez: So for -- to set the record straight, we have RE.13 -- Commissioner Regalado: No. Chair Sanchez: -- which is also -- well, that one's been -- RE.13 is being deferred to the second meeting of October. Mr. Hernandez: Yes. Ms. Thompson: Correct. Chair Sanchez: And then FR. [sic] 14 through the 17th is being deferred to the first meeting of October -- City ofMiami Page 96 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Regalado: PZ. Chair Sanchez: -- which is October 8. Mr. Hernandez: PZ. Commissioner Regalado: PZ. Chair Sanchez: I'm sorry; PZ. All right, need a motion. Commissioner Sarnoff 14 through 17, it was? Chair Sanchez: Yes. Commissioner Sarnoff Okay. Second. Chair Sanchez: All right, there's a motion by Commissioner Gonzalez, second by Commissioner Sarnoff. Any discussion on the item? Hearing none, all in -- Ms. Thompson: Before -- Chair Sanchez: -- favor, say "aye." Ms. Thompson: Chair, ifI may. Just to be sure that our record is straight, what I'm showing for your record is that RE.13 is continued to October 22. Chair Sanchez: Yes, ma'am. Ms. Thompson: PZs 14, 15, 16, and 17 are deferred -- I'm sorry -- are continued to October 22 as well. Chair Sanchez: No. October 8. Mr. Hernandez: No. The 8th. Ms. Thompson: Thank you. That's what wanted to make sure of October 8. Chair Sanchez: Yes, ma'am. Ms. Thompson: Thank you. Chair Sanchez: All right. That -- Chair Sanchez: Was PZ.13 included in that? Mr. Hernandez: No, sir. No. Commissioner Sarnoff Okay. I heard the -- I thought I heard you mention that. Mr. Hernandez: No. Ms. Thompson: No. 14, 15 -- Chair Sanchez: Okay. City ofMiami Page 97 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Thompson: --16 and 17. Chair Sanchez: All right. Are we all on the same sheet of music now? Commissioner Sarnoff Yep. Chair Sanchez: Okay. There's been a motion and a second. All in favor, say "aye." Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. END OF RESOLUTIONS EXECUTIVE SESSION 2:00 P.M. ES.1 09-01035 EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. §286.011(8) [2008]. THE Attorney PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING PENDING CONSOLIDATED LITIGATION CASES OF: STEVEN K. SCHWARTZ, ETC., V. CITY OF MIAMI, ET AL., CASE NO.: 07-44810 CA 08; MARGARITTE DINGLE V. POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 08-03407 CA 08; SAMMY BROWN, ET AL. V. CITY OF MIAMI, ET AL., CASE NO.: 08-80065 CA 08; AND THEOANDRIA KENDRICK, ETC., ET AL., V. THE POLISH AMERICAN CLUB OF MIAMI, INC., ET AL., CASE NO.: 09-44642 CA 08, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN JOE SANCHEZ, ANGEL GONZALEZ, MARC SARNOFF, TOMAS REGALADO, AND MICHELLE SPENCE-JONES; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER; AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 09-01035 Memo.pdf 09-01035 Notice to the Public.pdf City ofMiami Page 98 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 DISCUSSED [Later... Chair Sanchez: All right. Good afternoon, ladies and gentlemen. The City ofMiami Commission meeting still stands in recess. At this time we have a properly advertised executive session. At this time I'll turn it over to the City attorney. Julie O. Bru (City Attorney): Mr. Chairman, we have, pursuant to section 286.011 of the Florida Statute, requested to meet in private with the Commission to discuss a pending litigation in these following cases. These are all cases that have been consolidated. Steven Schwartz versus City ofMiami, Margaritte Dingle versus Polish American Club ofMiami, Sammy Brown versus City ofMiami, and Theonandria Kendrick versus the Polish American Club ofMiami. We're going to now convene at -- in a separate location upstairs, the shade meeting, and we will return after it's concluded at approximately 2:45. Chair Sanchez: All right. [Later... Chair Sanchez: All right, at this time I recognize the City Attorney to close the shade meeting. Ms. Bru: Mr. Chairman, the shade meeting -- the executive session that was held is now -- was closed, and we're back to the regular agenda. END OF EXECUTIVE SESSION PART B: PLANNING AND ZONING ITEMS Chair Sanchez: All right, let's go ahead and jump over to PZ (Planning & Zoning) -- Vice Chair Spence -Jones: 1. Chair Sanchez: Yes, sir. Let's go to PZ items. We need to -- anyone who's going to be addressing the Commission on any of the PZ items that we're going to try to take the noncontroversial one. Ifyou know that your item is controversial, don't even bother to come up. We're going to try to get the ones that are possibly noncontroversial. Commissioner Gonzalez: PZ.1. Chair Sanchez: Okay. So all those testifying today on PZ items, please register with the City Clerk, also please stand up and raise your right hand to be sworn in to give testimony to this legislative body. Priscilla A. Thompson (City Clerk): IfI may, Chair. IfI may -- Chair Sanchez: Yes. Ms. Thompson: -- ask your permission to find out from individuals if there's anyone here that needs a Spanish or a Creole interpreter because, if not, we can turn them lose and save some money. Chair Sanchez: All right. Ms. Thompson: Is there anyone present that needs a Spanish or a Creole interpreter? Do we have anyone here in need of an interpreter? Okay. City ofMiami Page 99 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Okay, we don't? All right, thank you. Ms. Thompson: Chair, can you actually say that in Spanish for me? Chair Sanchez: Commissioner Regalado, could you say that in Spanish? Ms. Thompson: Thank you. Commissioner Regalado: (Comments in Spanish not franslated). No, Mr. Chairman. Ms. Thompson: Thank you. Chair Sanchez: Thank you. Ms. Thompson: I'm sorry, Chair. Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): Mr. Chair, I -- Ms. Thompson: I'm sorry. Can we do it in Creole, too? I just want to make sure we're covered. Chair Sanchez: All right. Could you do it in Creole? Thank you, sir. (Comments by official Creole interpreter Yves Poitevien not franslated) Chair Sanchez: All right. Thank you so much. All right. Madam Clerk, let's go ahead and swear in everyone that eat be testifying in front of this legislative body on PZ items. "[Later...]" Chair Sanchez: Okay. Let's fry to get some of these time sensitive PZ (Planning & Zoning) items out of the way. Let's go ahead and swear them in, Madam Clerk. Ms. Thompson: If you are going to be providing testimony on PZ items, I need you to please stand and raise your hand. The City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Thompson: Thank you. "[Later...]" Chair Sanchez: So right now, let's get rid of those three pocket items that you have -- Pedro G. Hernandez (City Manager): Yes. Chair Sanchez: -- then we're going to take a 15-minute recess -- well, we're going to adjourn the regular Commission meeting. We're going to make a motion to defer all the items to the next regular Commission meeting. Why don't we do that first, right now? Why don't we -- Commissioner Sarnoff So moved. Chair Sanchez: -- make a motion -- City ofMiami Page 100 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: Second. Chair Sanchez: -- to defer all the pending items on the agenda that were not taken up in this meeting to defer them to the next regular Commission meeting? There's been a motion by Commissioner Sarnoff, second by the Vice Chair. 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 the regular agenda. PZ.1 09-00656sc RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE NORTHWEST 19TH TERRACE SOUTH OF NORTHWEST 20TH STREET BETWEEN NORTHWEST 7TH AVENUE AND I-95 EXPRESSWAY, MIAMI, FLORIDA. 09-00656sc Analysis.pdf 09-00656sc Public Works Analysis.pdf 09-00656sc Plat & Street Letter.pdf 09-00656sc Zoning Map.pdf 09-00656sc Aerial Map.pdf 09-00656sc ZB Reso.pdf 09-00656sc CC Application & Supporting Docs.pdf 09-00656sc CC Legislation (Version 2).pdf 09-00656sc Exhibit A.pdf 09-00656sc CC 09-24-09 Fact Sheet.pdf LOCATION: Approximately NW 19th Terrace S of NW 20th Street between NW 7th Avenue and 1-95 Expressway [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Larry D. Marbert, Esquire, on behalf of the University of Miami and 7th Avenue Market, LLC. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on May 7, 2009 by a vote of 4-0. ZONING BOARD: Recommended approval to City Commission on July 13, 2009 by a vote of 7-0. PURPOSE: This will allow a unified development site. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner Gonzalez, Sanchez, Regalado and Spence -Jones Absent: 1 - Commissioner Sarnoff R-09-0441 City ofMiami Page 101 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Okay. Are we ready? All right. Vice Chair Spence -Jones: PZ.1. Chair Sanchez: Let's go -- is PZ.1 -- Vice Chair Spence -Jones: Ready to go. Chair Sanchez: Are you ready? All right, PZ.1. Roberto Lavernia (Chief of Land Development, Planning): Good afternoon. For the record, Roberto Lavernia with the Planning Department. PZ.1 is the closing, vacating abandoning of an alley at Northwest 19th Terrace, south of Northwest 20th Street, between Northwest 7th Avenue and I-95 expressway. Planning Department is recommending approval, Public Works is recommending approval, Plat and Street recommend approval, and Zoning Board recommend approval. Thank you. Chair Sanchez: All right. Madam Applicant, just -- Maria Gralia: Maria Gralia, from the University ofMiami. There is no opposition. I -- unless you request, I will present or not. It's up to you. Chair Sanchez: All right. Vice Chair Spence -Jones: So moved. Chair Sanchez: There is a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- and a second. There is no opposition from the public. Planning and Public Works, Plat Screen [sic] Committee, and everyone else have voted 7-0 to recommend the approval. Is there anyone from the public wishing to address this item, please step forward. The public hearing is close -- opened at this time. Anyone from the public? At this time the public hearing is closed, coming back to the Commission. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: There's been a motion and a second. Discussion. Vice Chair Spence -Jones: Yes. I just want -- definitely, you know, this is a project we want to see happen. This is the biomedical center, of course, you know, on 7th Avenue, which will provide a lot ofjobs prior to the building opening and once it opens. The only thing that I would like to request is that there is some sort of partnership agreement with the Miami Works program, which operates through the City, to make sure that local people from the community have the opportunity to participate in the construction of the buildings. So I just wanted to make sure that I -- I can't tell you to do it, but I'd like for you to proffer -- Gralia: Yes. We will work with your office and with the City on that. Absolutely. Vice Chair Spence -Jones: On Miami Works? Ms. Gralia: Yes. Chair Sanchez: Thank you. City ofMiami Page 102 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Ms. Gralia: Okay. Chair Sanchez: Okay. There's no further discussion. It is a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Madam Clerk, PZ.1 has been approved, 4-0, with the absence of Commissioner Sarnoff. PZ.2 09-00142ec RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THAT PORTION OF AN EASEMENT LOCATED BETWEEN DOUGLAS ROAD AND SOUTHWEST 38TH AVENUE AND BETWEEN PEACOCK AVENUE AND SOUTH DIXIE HIGHWAY, MIAMI, FLORIDA. 09-00142ec Analysis.pdf 09-00142ec Zoning Map.pdf 09-00142ec Aerial Map.pdf 09-00142ec Public Works Analysis.pdf 09-00142ec Public Works Letter.pdf 09-00142ec ZB Reso.pdf 09-00142ec CC Application & Supporting Docs.pdf 09-00142ec CC Legislation (Version 2).pdf 09-00142ec Exhibit A.pdf 09-00142ec CC 09-24-09 Fact Sheet.pdf LOCATION: Approximately between Douglas Road and SW 38th Avenue and between Peacock Avenue and South Dixie Highway - [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Harpal S. Kapoor, Director of Miami -Dade Transit, on behalf of Miami -Dade County FINDING(S): PLANNING DEPARTMENT: Recommended approval with a condition*. PUBLIC WORKS DEPARTMENT: Recommended approval with a condition*. PLAT & STREET COMMITTEE: Recommended approval with conditions* on April 2, 2009 by a vote of 6-0. ZONING BOARD: Recommended denial to City Commission on July 13, 2009 by a vote of 5-2. *See supporting documentation. PURPOSE: This will allow a unified development site. 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 City ofMiami Page 103 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 R-09-0442 Chair Sanchez: Okay, PZ. 2 is also a resolution. Vice Chair Spence -Jones: That's his district though. Commissioner Gonzalez: That's in Sarnoff district, PZ.3 and PZ.4. Vice Chair Spence -Jones: PZ.3 and 4 is me. Chair Sanchez: All right. Can we get a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: All right. There's a motion. Commissioner Gonzalez: Second. Chair Sanchez: Can I get a second? Second. Before we open it up for discussion -- before we open it up to the public, could you put something on the record as to the Administration, what is Roberto Lavernia (Chief of Land Development, Planning): It's -- Chair Sanchez: -- that we're voting on? Mr. Lavernia: Just to present that as a street closure that has been recommended for approval for all the boards, except the Zoning Board that recommend denial. The Planning Department recommend approval with one condition that is part of the plat, so it's not our condition. It's a plat condition. Chair Sanchez: Okay. All right. Vice Chair Spence -Jones: Can I just see it, though? I'd like to see it. This is my district, right? This is my district? Albert Hernandez: For PZ.2? Commissioner Gonzalez: No. Vice Chair Spence -Jones: Oh. I thought PZ.2, you were waiting for -- Commissioner Gonzalez: They were presenting, PZ.2. Chair Sanchez: PZ.2. This is PZ. 2. Yes. Vice Chair Spence -Jones: Oh, I thought you were going to wait for Sarnoff. Chair Sanchez: No. Vice Chair Spence -Jones: Okay. All right. I thought it was -- I thought you told him to take up 3. Chair Sanchez: Sir, you may -- Commissioner Gonzalez: That's what I thought, to take 3. City ofMiami Page 104 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: -- proceed with PZ.2. Go ahead. Albert Hernandez: Albert Hernandez, assistant director with Miami -Dade Transit. This is a sketch of PZ.2. All it is is a -- this is a parcel -- dedicated parcel that's owned by Miami -Dade Transit. This is the Metrorail station at Douglas Station. The Miami -Dade Transit owns the entire property. All we're doing is replatting this entire area and we want to make this part that we own part of the plat. It was previously right-of-way that was conveyed to us by the Florida Department of Transportation. They had previous plans to make it a widening for their project. They're not doing that anymore. They gave us the property in 2002. In fact, part of the parcel that they owned that we now own has our pedestrian overpass bridge and elements. There's no use from the Department, so all we want to make it as part of our plat, and in order to do that there needs to be a road closure. Chair Sanchez: All right. Can we get a motion? Commissioner Sarnoff So moved. Chair Sanchez: There's a motion by Commissioner Sarnoff. Is there a second? Commissioner Gonzalez: Second. Chair Sanchez: Second by Commissioner Gonzalez. It is a resolution, requires a public hearing. Anyone from the public wishing to address this item, please step forward. Seeing no one, the public hearing is closed, coming back to the Commission. No further discussion on PZ.2. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. That takes care of PZ.2. PZ.3 08-01207Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71ST STREET AND 185 NORTHEAST 70TH STREET, MIAMI, FLORIDA, AND THE ABUTTING ALLEY TO THE EAST, FROM "DUPLEX RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 105 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 08-012071u Analysis.pdf 08-012071u Land Use Map.pdf 08-012071u Aerial Map.pdf 08-012071u PAB Reso.pdf 08-012071u School Board Concurrency.pdf 08-012071u Application & Supporting Documentation.pdf 08-012071u Exhibit A.pdf 08-012071u CC Legislation (Version 3).pdf 08-012071u CC SR 09-24-09 Fact Sheet.pdf LOCATION: Approximately 190 NE 71st Street and 185 NE 70th Street and the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended denial to City Commission on February 18, 2009 by a vote of 8-0. See companion File IDs 08-01207zc and 08-01207ac. PURPOSE: This will change the above properties to "Restricted Commercial". Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13094 Chair Sanchez: We move on to -- Commissioner Gonzalez: PZ.3 and 4. Chair Sanchez: -- PZ.3 and 4. Roberto Lavernia (Chief of Land Development, Planning): PZ.3, 4, and 5, which is -- Chair Sanchez: All right. Mr. Lavernia: -- a street closure that is part of this request too. PZ.3 is the request for the land use change from duplex residential and medium density residential to restricted commercial for those properties. The Planning Department is recommending denial because we think that it's an intrusion of commercial into residential area. The Planning Advisory Board recommend denial. It was -- this is second reading. It was passed on first reading on July 23. Number 4 is the zoning change for the same property. Chair Sanchez: All right. Let -- all right. We -- where are the sergeant -at -arms? Vice Chair Spence -Jones: None of them are in here. Chair Sanchez: We need to keep the voice -- the noises down there in the back, okay. Please come in and try to find a seat. We cannot have people standing on the aisles. All right. City ofMiami Page 106 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Lavernia: The Planning Department recommend denial and the Zoning Board recommend approval. It was passed on first reading on July 23, 2009. Item number 5 is the street closure for the same property where they consolidate the -- in only one property. The Planning Department -- this is the first time that you see a street closure with the second reading of the previous item. Planning is recommending approval, Public Works recommending approval, Plat and Street recommend approval, and the Zoning Board recommend approval of the street closure. Chair Sanchez: All right. Madam Applicant, you're recognized for the record. Estrellita Sibila: Thank you. For the record, Estrellita Sibila, with law offices at 2525 Ponce De Leon Boulevard. The -- we've been with -- throughout this process for the last year, and we're today with the last step, which is the final second reading for the land use change and zoning change and approval of the road closure. There's a small unimproved substandard alley that runs through a portion of our property. It's approximately 2,400 square feet. We're seeking a closure of that. We've got in recommendations of approval from Plat and Street, from Public Works, from Planning, as well as from the Planning Board. And we're asking that you go ahead and move all three items for approval this evening. Chair Sanchez: Okay. PZ.3, it's an ordinance on second reading. Is there a motion? Vice Chair Spence -Jones: So moved. Chair Sanchez: There's a motion -- Commissioner Gonzalez: Second. Chair Sanchez: -- by Vice Chair -- Commissioner Regalado: Second. Commissioner Gonzalez: Second. Chair Sanchez: -- second by Commissioner Gonzalez. Before we open it up for discussion, is there anyone from the public wishing to address this Commission, please step forward and be recognized. At this time the public hearing is opened, and at this time the public hearing is closed. It comes back to the Commission for discussion. Hearing no discussion on PZ.3, Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): 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. PZ.4 08-01207zc ORDINANCE AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 13, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT Second Reading City ofMiami Page 107 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "R-2" TWO-FAMILY RESIDENTIAL AND "R-3" MULTIFAMILY MEDIUM DENSITY RESIDENTIAL TO "C-1" RESTRICTED COMMERCIAL WITH AN "SD-29" HISTORIC LEMON CITY/LITTLE HAITI VILLAGE SPECIAL OVERLAY DISTRICT, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 190 NORTHEAST 71ST STREET, 185 NORTHEAST 70TH STREET AND THE ABUTTING ALLEY TO THE EAST, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 08-01207zc Analysis.pdf 08-01 207zc Zoning Map.pdf 08-01 207zc Aerial Map.pdf 08-01 207zc Letter of Intent.pdf 08-01 207zc CC Application & Supporting Docs.pdf 08-01 207zc ZB Reso.pdf 08-01207zc CC Legislation (Version 2).pdf 08-01 207zc Exhibit A.pdf 08-01207zc CC SR 09-24-09 Fact Sheet.pdf LOCATION: Approximately 190 NE 71st Street, 185 NE 70th Street and the Abutting Alley to the East [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre, Owners FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Recommended approval to City Commission on April 13, 2009 by a vote of 5-1. See companion File IDs 08-012071u and 08-01207ac. PURPOSE: This will change the above properties to "C-1" Restricted Commercial with an "SD-29" Historic Lemon City/Little Haiti Village Special Overlay District. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13095 Chair Sanchez: All right. We move on to PZ.4. PZ.4, can I get a motion? Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: Motion by the Vice Chair, second by Commissioner Gonzalez. This is an ordinance also on second reading. Anyone from the public wishing to address this item, please step forward. Seeing no one, for the record, the public hearing is closed, coming back to the Commission. Any discussion on PZ.4, which is an ordinance on second reading? Hearing no discussion, Madam Attorney, read the ordinance into the record, followed by a roll call. City ofMiami Page 108 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Roll call. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, 5-0. PZ.5 08-01207ac RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY WEST OF NORTHEAST 2ND AVENUE BETWEEN NORTHEAST 70TH STREET AND NORTHEAST 71ST STREET, MIAMI, FLORIDA. 08-01207ac Analysis.pdf 08-01207ac Public Works Analysis.pdf 08-01207ac Plat & Street Letter.pdf 08-01207ac Zoning Map .pdf 08-01207ac Aerial Map.pdf 08-01207ac ZB Reso.pdf 08-01207ac CC Application & Supporting Docs.pdf 08-01207ac CC Legislation (Version 2).pdf 08-01207ac Exhibit A.pdf 08-01207ac CC 09-24-09 Fact Sheet.pdf LOCATION: Approximately W of NE 2nd Avenue between NE 70th Street and NE 71st Street [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Estrellita Sibila, Esquire, on behalf of Niclas and Lisanne Pierre and Napoleon Real Estate Group, LLC FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on September 4, 2008 by a vote of 5-0. ZONING BOARD: Recommended approval to City Commission on May 11, 2009 by a vote of 6-1. See companion File IDs 08-012071u and 08-01207zc. PURPOSE: This will allow a unified commercial development site. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0443 Chair Sanchez: All right. PZ.5 is a companion item to PZ.3 and 4. It's a resolution. Can I get a motion? City ofMiami Page 109 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: Motion by the Vice Chair, second by Commissioner Gonzalez. Any discussion on the item? Hearing no discussion, it's a resolution. All in favor, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. PZ.5 has been approved, 5-0. PZ.6 08-01320Iu ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 629, 635, 645, 655, 665 NORTHWEST 23RD STREET, 636 NORTHWEST 26TH STREET, 2451 NORTHWEST 7TH AVENUE AND 636 NORTHWEST 24TH STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-013201u Analysis.pdf 08-013201u Land Use Map.pdf 08-013201u Aerial Map.pdf 08-013201u PAB Reso.pdf 08-013201u Public School Cuncurrency.pdf 08-013201u Application & Supporting Documentation.pdf 08-013201u Exhibit A.pdf 08-013201u & 08-01320zc Environmental Impact Analysis.pdf 08-013201u CC Legislation (Version 3).pdf 08-013201u CC SR 09-24-09 Fact Sheet.pdf LOCATION: Approximately 629, 635, 645, 655, 665 NW 23rd Street, 636 NW 26th Street, 2451 NW 7th Avenue and 636 NW 24th Street, Miami, Florida [Commissioner Michelle Spence -Jones - District 5] APPLICANT(S): Gilberto Pastoriza, Esquire & Estrellita Sibila, Esquire, on behalf of Paradise Dairy Acquisitions, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING ADVISORY BOARD: Recommended approval to City Commission on February 18, 2009 by a vote of 5-3. See companion File ID 08-01320zc. PURPOSE: This will change the above properties to "Restricted Commercial". City ofMiami Page 110 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 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 13096 Commissioner Gonzalez: PZ.6. Esfrellita Sibila: Thank you. Chair Sanchez: PZ.6 and then we're going to go to PZ.9. Vice Chair Spence -Jones: (UNINTELLIGIBLE) number 7. Commissioner Gonzalez: Seven is a companion to six. Chair Sanchez: Six and seven, and then we're going to go to nine 'cause we're going to take at least a five-minute recess. Commissioner Sarnoff Fifteen. Chair Sanchez: All right, or 15. Roberto Lavernia (Chief of Land Development, Planning): PZ.6 and PZ 7 are companion items. One is the land use change request and the other one is the Zoning Board -- the zoning change request, change to industrial to restricted commercial. The Planning Department is recommending denial because there is no other properties designated restricted commercial in the area. It was recommended for approval by the Zoning Board. It was passed on first reading on July 23, 2009. For the zoning change, Planning recommend denial, Zoning Board recommend denial, and it was passed on first reading on July 23. Thank you. Chair Sanchez: All right. That was PZ.6. The applicant. Tony Recio: Tony Recio, law office at 2525 Ponce de Leon Boulevard. I'm here to answer any questions. Here on behalf of Paradise Dairy Acquisitions. Vice Chair Spence -Jones: Mr. Chairman. Chair Sanchez: All right. Vice Chair Spence -Jones: It's actually in my -- do you have questions? Chair Sanchez: All right. Can we get a motion? Commissioner Sarnoff So moved. Vice Chair Spence -Jones: Second for discussion. Chair Sanchez: There's a motion by Commissioner Sarnoff, second by the Vice Chair. We're on PZ.6. It is on second reading, and the item is under discussion. Before we open it up for discussion, anyone from the public wishing to address this item, please step forward. Mariano, you're recognized for the record. Two minutes. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I don't need to make a speech because I know you are for the neighborhood that we need more commercial and not so many City ofMiami Page 111 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 institutional and fire 501(c)3 theater that don't pay any taxes to the City. This, at least, is a good change because we need those stores there and we need the big change there, and that will be providing that. We keep the 441 corridor commercial as it was supposed to be. I've been living in the neighborhood for 47 years so I know what I'm talking about. Thank you. Chair Sanchez: All right. Thank you. Anyone else from the public? If not, at this time the public hearing is closed and it comes back to the Commission. We have a motion and a second on PZ.6. It's an ordinance on second reading. Madam Attorney, read the ordinance into the record, followed by a roll call. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sanchez: Before roll call, I want to recognize the Vice Chair. Vice Chair Spence -Jones: Okay. Of course, quite naturally, I do support any kind of growth or development happening in the area, and I'm glad to see that you guys have made the necessary changes to include commercial in -- Recio: Thank you. Vice Chair Spence -Jones: -- the property. I think that's extremely important, and that was one of my concerns, that it wasn't just all housing, but beyond that, of course I support the project that's going to happen there, but do want to say this -- 'cause I've learned in these last three years sitting in this chair -- it's extremely important -- and I'd like for you to proffer the same thing -- that we hire people locally on these projects, and before it was like just find a way to hire them. Now we've created a program, Miami Works, which is an apprenticeship program with the unions, to make sure that the individuals from the neighborhood have the opportunity to work on these mega projects or these big projects that come from Allapattah, from Liberty City, Overtown, West Grove, all should have an opportunity to participate on these projects. So all I would like to hear from you is that there's some sort of partnership agreement that could -- that you'll support that to make sure that local people have the opportunity to participate. Mr. Recio: We'll support the Miami Works project in developing this property. We have every intention to do that, absolutely. Vice Chair Spence -Jones: So I just would want you to -- Mr. Recio: It's a good thing. Vice Chair Spence -Jones: -- coordinate that with the City's Miami Works Department. Mr. Recio: With the City's Miami -- yeah, you have it. Vice Chair Spence -Jones: Thank you, sir. Chair Sanchez: All right. Commissioner Gonzalez: All right. Chair Sanchez: Madam Clerk, roll call. Priscilla A. Thompson (City Clerk): Roll call. Commissioner Gonzalez? Commissioner Gonzalez: Yes, ma'am. City ofMiami Page 112 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Maria J. Chiaro (Deputy City Attorney): Didl read this ordinance on the zoning? Chair Sanchez: Yes, I believe you did read the ordinance. Ms. Thompson: Yeah, you read 6. Chair Sanchez: Yes. Ms. Thompson: Continuing with the roll call. Commissioner Regalado? Commissioner Regalado: Yes. Ms. Thompson: Vice Chair Spence -Jones? Vice Chair Spence -Jones: Yes. Ms. Thompson: Commissioner Sarnoff? Commissioner Sarnoff Yes. Ms. Thompson: Chair Sanchez? Chair Sanchez: Yes. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. PZ.7 08-01320zc ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING PAGE NO. 21, OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM "I" INDUSTRIAL TO "C-1" RESTRICTED COMMERCIAL, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2451 NORTHWEST 7TH AVENUE, 636 NORTHWEST 24TH STREET, 636 NORTHWEST 26TH STREET, 629, 635, 645, 655 AND 665 NORTHWEST 23RD STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 08-01320zc Analysis.pdf 08-01320zc Zoning Map.pdf 08-01320zc Aerial Map.pdf 08-01320zc Letter of Intent.pdf 08-01320zc Application & Supporting Docs.pdf 08-01320zc ZB Reso.pdf 08-01320zc CC Legislation (Version 2).pdf 08-01320zc Exhibit A.pdf 08-013201u & 08-01320zc Environmental Impact Analysis.pdf 08-01320zc CC SR 09-24-09 Fact Sheet.pdf LOCATION: Approximately 2451 NW 7th Avenue, 636 NW 24th Street, 636 NW 26th Street, 629, 635, 645, 655 and 665 NW 23rd Street [Commissioner Michelle Spence -Jones - District 5] City ofMiami Page 113 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 APPLICANT(S): Gilberto Pastoriza, Esquire and Estrellita Sibila, Esquire, on behalf of Paradise Dairy Acquisitions, LLC FINDING(S): PLANNING DEPARTMENT: Recommended denial. ZONING BOARD: Made a motion to approve, which failed, constituting a recommendation of denial to City Commission on April 13, 2009 by a vote of 3-3. See companion File ID 08-013201u. PURPOSE: This will change the above properties to "C-1" Restricted Commercial. Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13097 Chair Sanchez: All right. We're going to go to PZ.6, which is the companion, then we're going to go to -- Priscilla A. Thompson (City Clerk): 7. Chair Sanchez: -- I'm sorry, PZ.7, then we're going to go to PZ.9, and then I believe we have one pocket item pertaining to the billboards, correct? Pedro G. Hernandez (City Manager): No. I think it's the pocket item on Southeast Overtown/Park West. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Okay, yeah. I do apologize. It's a pocket item on Southeast Overtown/Park West. All right, let's take up PZ -- Commissioner Gonzalez: 7. Vice Chair Spence -Jones: 7. Chair Sanchez: -- 7. Vice Chair Spence -Jones: We just got to complete it. Chair Sanchez: Which is a companion. All right, let's just put something on the record on PZ. 7. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: No, no, no, no, no. Wait. Put something on the record. Roberto Lavernia (Chief of Land Development, Planning): I already did. I present both items together -- Chair Sanchez: Oh, you -- City ofMiami Page 114 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Vice Chair Spence -Jones: He did both at the same time. Mr. Lavernia: -- the land use -- yes, sir. Chair Sanchez: Okay, sir. All right, there's a motion by the Vice Chair, second by Commissioner Gonzalez for the record. Both items were presented at the same time. It is an ordinance on second reading. 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. Hearing no discussion on the Commission, read the ordinance into the record, followed by a roll call. We are on PZ.7. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. 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 adopted on second reading, 5-0. Chair Sanchez: All right. PZ.8 09-00653zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3, ENTITLED "CLASS II SPECIAL PERMIT" AND SECTION 610.6, ENTITLED "PERMITTED USES," AND BY ADDING TO ARTICLE 6, A NEW SECTION 610.7, ENTITLED "CONDITIONAL PRINCIPAL AND ACCESSORY USES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00653zt Zoning Map.pdf 09-00653zt Aerial Map.pdf 09-00653zt PAB Reso.pdf 09-00653zt CC Legislation (Version 3).pdf 09-00653zt CC SR 10-22-09 Fact Sheet.pdf LOCATION: Bounded by South of NW 20th Street, North of SR 836, West of 1-95 and East of NW 14th Avenue [Commissioner Angel Gonzalez - District 1] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to City Commission on June 17, 2009 by a vote of 8-1. PURPOSE: This will allow an open air green market use on "SD-10" with a Class II Special Permit. City ofMiami Page 115 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.8 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.9 09-00874zt ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 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 EFFECTIVE DATE OF OCTOBER 5, 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: Recommended approval to City Commission on September 2, 2009 by a vote of 7-1. 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 Gonzalez, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones 13098 Chair Sanchez: Let's take up -- Tony Recio: Thank you. Chair Sanchez: -- PZ.9. City ofMiami Page 116 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Pieter Bockweg (Assistant to Senior Director, Building, Planning & Zoning): Pieter Bockweg, project manager. PZ.9 is an ordinance on second reading to opt out of the County Chapter 72, entitled "Commercial Signs on Expressway Right -of -Way." Commissioner Gonzalez: Move it. Commissioner Regalado: Second. Chair Sanchez: Okay. PZ.9 is an ordinance on first reading. It comes back to us on second reading. Commissioner Gonzalez: No. It's second reading. Mr. Bockweg: This is second reading. Chair Sanchez: I have it under first reading. Commissioner Gonzalez: PZ.9 is second reading. Commissioner Regalado: Yeah. They made a mistake. Priscilla A. Thompson (City Clerk): It is second reading. Unidentified Speaker: That was an error. Chair Sanchez: Okay, it's correct. So it's second reading? Ms. Thompson: Yes. Chair Sanchez: Okay. I -- my record indicates up here -- Ms. Thompson: You're right, there was a mistake. Chair Sanchez: -- ordinance first reading. Ms. Thompson: We had it corrected. Chair Sanchez: Okay. All right, so -- Mr. Bockweg: And we'd like to make an amendment also, effective October 5. Chair Sanchez: Okay. So it's on second reading. PZ.9 is on second reading? Mr. Bockweg: That's correct. Chair Sanchez: All right. You're proffering an amendment? Mr. Bockweg: Being effective October 5. Chair Sanchez: Okay. There's been a motion and a second already? Ms. Thompson: Yes. Commissioner Gonzalez: I already moved it. City ofMiami Page 117 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Motion was proffered by Commissioner Gonzalez. Who second it for the record? Ms. Thompson: Commissioner Regalado. Chair Sanchez: Commissioner Regalado, okay. The item is open to the public. Anyone from the public wishing to address the Commission, please step forward. Seeing no one, the public hearing is closed. We are on PZ.9, coming back on second [sic] reading. Discussion on the item. 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 Assistant City Attorney Warren Bittner. Chair Sanchez: All right, roll call. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as modified, 5-0. Chair Sanchez: All right. Anything remaining on this agenda, except that last pocket item, is going to be continued to the next regular Commission meeting, okay. PZ.10 09-00752zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 620, "SD-20" EDGEWATER OVERLAY DISTRICT; "SD-20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR ACCESSORY PARKING ON "R-4" DESIGNATED PROPERTIES, ABUTTING "C-1" DESIGNATED PROPERTIES FRONTING BISCAYNE BOULEVARD BY SPECIAL EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00752zt Zoning Map.pdf 09-00752zt Aerial Map.pdf 09-00752zt PAB Reso.pdf 09-00752zt CC Legislation (Version 2).pdf 09-00752zt CC FR 09-24-09 Fact Sheet.pdf LOCATION: "SD-20" Edgewater Overlay District; "SD-20.1" Biscayne Boulevard Edgewater Overlay District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission City ofMiami Page 118 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow for accessory parking on "R-4" designated properties abutting "C-1" designated properties fronting Biscayne Boulevard by Special Exception. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.10 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.11 09-00753zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTIONS 602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00753zt Zoning Map.pdf 09-00753zt Aerial Map.pdf 09-00753zt PAB Reso.pdf 09-00753zt CC Legislation (Version 2).pdf 09-00753zt CC FR 09-24-09 Fact Sheet.pdf LOCATION: "SD-2" Coconut Grove Central Commercial District [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to add the colors of yellow and orange to Section 602.5.1, Item 9 of the legislation, to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will allow open air green markets in the "SD-2" Coconut Grove Central Commercial District by Class II Special Permit. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.11 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.12 09-00754zt ORDINANCE First Reading City ofMiami Page 119 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 609, "SD-9" BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS WITHIN THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD (HEPB) DESIGNATED MIAMI MODERN (MiMo) BISCAYNE BOULEVARD DISTRICT; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00754zt Zoning Map.pdf 09-00754zt Aerial Map.pdf 09-00754zt PAB Reso.pdf 09-00754zt CC Legislation (Version 2).pdf 09-00754zt CC FR 09-24-09 Fact Sheet.pdf LOCATION: MiMo District, within the "SD-9" Biscayne Boulevard North Overlay District [Marc David Sarnoff - District 2] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval with modifications to Section 609.4, Items 2 and 4 of the legislation, to add: "As long as such prohibition is not preempted by state law", to City Commission on July 15, 2009 by a vote of 7-0. PURPOSE: This will modify use regulations within the HEPB designated MiMo Biscayne Boulevard District. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.12 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.13 09-00872zt ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, ENTITLED "HISTORIC PRESERVATION", BY AMENDING SECTION 23-2, ENTITLED "DEFINITIONS", BY ADDING A DEFINITION OF DEMOLITION BY NEGLECT; FURTHER ENACTING A NEW SECTION 23-9.1, ENTITLED "DEMOLITION BY NEGLECT", WHICH WILL PROHIBIT DEMOLITION BY NEGLECT OF DESIGNATED HISTORIC PROPERTIES; REQUIRE AFFIRMATIVE MAINTENANCE OF THESE PROPERTIES; PROVIDE MINIMUM MAINTENANCE STANDARDS; PROVIDE FOR RELIEF DUE TO ECONOMIC HARDSHIP; PROVIDE FOR CODE ENFORCEMENT REMEDIES; PROVIDE FOR CIVIL PENALTIES AND INFRACTIONS INCLUDING LIENS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 120 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 09-00872zt HEPB Reso.pdf 09-00872zt CC Legislation (Version 2).pdf 09-00872zt CC FR 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: See Historic and Environmental Preservation Board recommendation. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Recommended approval to City Commission on August 4, 2009 by a vote of 6-0. PURPOSE: This will prohibit demolition by neglect of designated historic properties; require affirmative maintenance; provide minimum maintenance standards; provide for relief due to economic hardship; provide for code enforcement remedies; and provide for civil penalties and infractions including liens. Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.13 was deferred to the Commission meeting currently scheduled for October 8, 2009. PZ.14 09-00927zt 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 9, BY ADDING A NEW SECTION 921 ENTITLED "BICYCLE PARKING", TO PROVIDE BICYCLE PARKING FACILITIES; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00927zt PAB Reso.pdf 09-00927zt CC Legislation (Version 5).pdf 09-00927zt CC SR 10-22-09 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 16, 2009. PURPOSE: This will include off-street enclosed bicycle parking requirements City ofMiami Page 121 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 for new developments with limitations. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.14 was deferred to the Commission meeting currently scheduled for October 8, 2009. Note for the Record: Please refer to item RE.13 for minutes referencing item PZ.14. PZ.15 09-00949zt 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, TO PROVIDE FOR A NEW ARTICLE 8.2 ENTITLED "LANDSCAPE ORDINANCE"; CONTAINING A SHORT TITLE AND APPLICABILITY, INTENT AND PURPOSE, DEFINITIONS, PLANS SUBMISSION, MINIMUM STANDARDS, PLANS REVIEW CRITERIA, ENFORCEMENT, MAINTENANCE AND POLICIES THAT ENCOURAGE THE USE OF ENVIRONMENTALLY -PREFERRED LANDSCAPE AND IRRIGATION METHODS FOR THE CITY OF MIAMI ("CITY"); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00949zt PAB Reso.pdf 09-00949zt CC Legislation (Version 3).pdf 09-00949zt CC SR 10-22-09 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 16, 2009. PURPOSE: This will establish minimum landscape standards that apply to all public and private development when a permit is required. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.15 was deferred to the Commission meeting currently scheduled for October 8, 2009. Note for the Record: Please refer to item RE.13 for minutes referencing item PZ.15. PZ.16 09-00953zt 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, TO CREATE SECTION 951 ENTITLED "HEAT City ofMiami Page 122 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 ISLAND EFFECT - ROOF" TO ADD SECTIONS THAT PROVIDE FOR ENVIRONMENTALLY RESPONSIBLE CONSTRUCTION OF BUILDING ROOFING SYSTEMS DESIGNED TO DECREASE THE ABSORPTION AND REMITTANCE OF ATMOSPHERIC HEAT IN CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00953zt PAB Reso.pdf 09-00953zt CC Legislation (Version 5).pdf 09-00953zt CC SR 10-22-09 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 16, 2009. PURPOSE: This will reduce the heat island effect in the City of Miami and reduce energy consumption and bills for buildings within the City. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.16 was deferred to the Commission meeting currently scheduled for October 8, 2009. Note for the Record: Please refer to item RE.13 for minutes referencing item PZ.16. PZ.17 09-00954zt 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, TO CREATE SECTION 952 ENTITLED "HEAT ISLAND EFFECT - NON ROOF" TO ADD SECTIONS THAT PROVIDE FOR ENVIRONMENTALLY -RESPONSIBLE METHODS FOR COOLING AND SHADING OF HARDSCAPES IN CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 09-00954zt PAB Reso.pdf 09-00954zt CC Legislation (Version 5).pdf 09-00954zt CC SR 10-22-09 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 16, City ofMiami Page 123 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 2009. PURPOSE: This will reduce the heat island effect in the City of Miami by requiring that at least 50% of the hardscape surfaces at new construction sites (1) use reflective hardscape materials, (2) provide shading for hardscapes within five years, (3) use vegetative paving systems, or (4) some combination of the above. Motion by Commissioner Gonzalez, seconded by Commissioner Sarnoff, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item PZ.17 was deferred to the Commission meeting currently scheduled for October 8, 2009. Note for the Record: Please refer to item RE.13 for minutes referencing item PZ.17. END OF PLANNING AND ZONING ITEMS MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR MANUEL A. DIAZ END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER ANGEL GONZALEZ END OF DISTRICT 1 DISTRICT 2 COMMISSIONER MARC DAVID SARNOFF D2.1 09-01056 DISCUSSION ITEM PARKING SPACE REQUIREMENTS: DISCUSSION ABOUT PARKING SPACE REQUIREMENTS FOR MULTI -FAMILY BUILDINGS, FOR OFFICE BUILDINGS, FOR AFFORDABLE HOUSING PROJECTS, FOR BUILDINGS WITH RETAIL TENANTS AND FOR MIXED USE BUILDINGS. GIVEN THE FISCAL CRISIS THAT AFFECTS THE CITY, STATE AND NATIONAL GOVERNMENTS AND THE NECESSITY TO REDUCE FUNDING FOR PUBLIC TRANSPORTATION HOW HAS THE CITY OF MIAMI RESPONDED TO THE NEW REALITIES? DISCUSSION ABOUT THE PLANNING DEPARTMENT REVIEWING City ofMiami Page 124 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 REQUIRED PARKING SPACES PER UNIT AND/OR PARKING SPACES PER SQUARE FOOT. DISCUSSION ABOUT REQUIRING MORE PARKING SPACES ON -SITE THAN CURRENTLY MANDATED. 09-01056 Parking Space Requirements.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item D2.1 was deferred to the Commission meeting currently scheduled for October 8, 2009. END OF DISTRICT 2 DISTRICT 3 CHAIR JOE SANCHEZ END OF DISTRICT 3 DISTRICT 4 COMMISSIONER TOMAS REGALADO DISTRICT 5 VICE CHAIR MICHELLE SPENCE-JONES D5.1 09-01058 DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON CURLY'S HOUSE SITE IN LIBERTY CITY TO FACILITATE A SENIOR CITIZENS' FEEDING PROGRAM. 09-01058 Email.pdf Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item D5.1 was deferred to the Commission meeting currently scheduled for October 8, 2009. D5.2 09-01059 DISCUSSION ITEM DISCUSSION ABOUT THE IMPACT ON SMALL BUSINESS REGARDING DERM'S APPROVAL AS A PREREQUISITE ON THE CITY'S ISSUANCE OF A CERTIFICATE OF USE, BECAUSE OF THE COUNTY'S POSITION THAT ALL LICENSES, BUILDING PERMITS, AND CERTIFICATE OF USE OF MUNICIPALITIES MUST GO THROUGH DERM. 09-01059 Email.pdf City ofMiami Page 125 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Motion by Commissioner Sarnoff, seconded by Vice Chair Spence -Jones, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones Note for the Record: Item D5.2 was deferred to the Commission meeting currently scheduled for October 8, 2009. END OF DISTRICT 5 NON AGENDA ITEMS NA.1 09-01084 PRESENTATION RECOGNITION OF MARIO SOLDEVILLA'S 20 YEARS OF SERVICE TO THE CITY OF MIAMI. PRESENTED Chair Sanchez: Okay. We're going to continue with the order of the day. We are -- we're still in recess on the regular agenda. At this time what want to do, before we open it up to the CRA (Community Redevelopment Agency), let's go ahead and have Mario Soldevilla, who's here. Mario, please come up. We want to recognize you for your 20 years of outstanding service to the City ofMiami. Applause. Chair Sanchez: Well, to make this official, I got to call the meeting to order to make sure that it's on the record. But we just found out not long ago that you'll be retiring from the City, and I think 20 years of service to this City is something to be very proud of and it's with great honor on behalf of the Mayor, my colleagues, and all the City ofMiami residents, we're proud to present this salute for 20 years of service to the City ofMiami. The City ofMiami wishes to recognize your professional dedication and overall excellence as a City ofMiami administrator. We applaud your outstanding integrity and dependability, always working to achieve and elevate the quality of life in our neighborhoods. It is fitting and appropriate on behalf of the citizens that we pause in our official deliberation on behalf of us and all your friends that are here, your staff we present this salute for 20 years of service to this great city. On behalf of all of us, let's give him a round of applause. Applause. Chair Sanchez: Best wishes and success wherever you may go. Mario Soldevilla (Director, Solid Waste): Thank you, Mr. Chairman and Commissioners. Truly a surprise. I did not expect this, and all I want to say is that had 20 years of service to the City, and I never met a finer group of professionals that have had the opportunity to work with, and I want to thank them and all of you for the support that have gotten throughout the years. Thank you very much. Applause. Chair Sanchez: Listen, we don't have the City photographer because he comes in the morning, but can you go ahead and get a picture and then we'll get the staff to come up here and -- we're on a tight budget here. And let's get your staff up here also to get a picture with you. Applause. City ofMiami Page 126 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 NA.2 09-01085 NA.3 09-00848 City Manager's Office DISCUSSION ITEM RECOGNITION OF STEPHANIE GRINDELL'S SERVICE TO THE CITY OF MIAMI. DISCUSSED Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, I know that today's been a very significant day. We've had the retirement celebrations for Hector Lima and for Mario Soldevilla. I also wanted to inform you that tomorrow is the last day of Stephanie Grindell with the City ofMiami. Stephanie's our director of Public Works. She's been doing that function for the last six years. She's going to employment, I would say, near to her place of home in Broward, and I would like to, in essence, today here recognize all the effort and dedication and improvements to that department that she has been able to achieve. I hope that I can bring her back on the 8th, do the proper ceremony with all the Commissioners. Thank you. Chair Sanchez: All right. Stephanie, we wish you the best and we'll see you on the 8th. Applause. Chair Sanchez: All right, at this time the City ofMiami Commission meeting is in recess, and we're going to go ahead and turn it over to the CRA (Community Redevelopment Agency) meeting. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE , AN AMENDMENT TO THE INTERLOCAL COOPERATION AGREEMENT EXECUTED ON MARCH 31, 1983 BETWEEN THE CITY OF MIAMI, MIAMI-DADE COUNTY AND SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM. 09-00848 Legislation.pdf 09-00848 Exhibit.pdf 09-00848 Summary Form.pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones R-09-0444 Chair Sanchez: So let's take up the pocket item pertaining to the Southeast Overtown/Park West. Pedro G. Hernandez (City Manager): Right. Vice Chair Spence -Jones: And this is the -- Mr. Hernandez: Mr. Chairman, as a matter -- Chair Sanchez: And that is the last -- Vice Chair Spence -Jones: It's the same. City ofMiami Page 127 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: -- item that we'll vote on, and then we're going to take a 15-minute recess -- Vice Chair Spence -Jones: Fifteen minutes. Chair Sanchez: -- coming back to deal with the budget -- Mr. Hernandez: Mr. Chairman, I -- Chair Sanchez: -- the budget hearings. Mr. Hernandez: -- do have three pocket items. I have the one dealing with Southeast Overtown/Park West, but the other two deal with the budgets, so they are very timely. The one dealing with Southeast Overtown/Park West is, in essence, the same item that you just approved a few hours back when you were -- Vice Chair Spence -Jones: Right. Mr. Hernandez: -- working as the CRA (Community Redevelopment Agency). Vice Chair Spence -Jones: Right. And the other two? Mr. Hernandez: An the other two, one is our MOU (Memorandum of Understanding) with AFSCME (American Federal, State, County, and Municipal Employees) 871 -- Vice Chair Spence -Jones: Okay. Mr. Hernandez: -- to approve the ratified agreement. Vice Chair Spence -Jones: Okay. Mr. Hernandez: Right? And the other one has to do with a DROP (Deferred Retirement Option Plan) -incentive program that we need your approval in order to be able to provide it to the membership. Vice Chair Spence -Jones: Okay. Priscilla A. Thompson (City Clerk): Okay, Chair. I'm sorry. Chair Sanchez: Yeah, yeah, yeah. Listen, let's -- Ms. Thompson: For my record, each item has to be handled individually -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: Yes. Ms. Thompson: -- discussed and voted on individually. Okay? Mr. Hernandez: Yes. Ms. Thompson: Thank you. Chair Sanchez: And we will do that, Madam Clerk. Ms. Thompson: Thank you. City ofMiami Page 128 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: We will do that. "[Later...]" Chair Sanchez: There are three items. Madam Attorney. Julie O. Bru (City Attorney): Yes. Mr. Chairman, I just want to ask you not to adjourn the regular meeting. It's not necessary. The budget hearing is part of the meeting, and there may be some things that we need to bring up just in case -- Chair Sanchez: All right. Ms. Bru: Let's just, you know -- you're just going into the budget hearing. Chair Sanchez: Okay. Ms. Bru: Okay. Chair Sanchez: All right. Let's bring up the three pocket items, then we'll take a recess, and we'll come back with the budget hearings. Mr. Hernandez: Mr. Chairman, the first one is the Southeast Overtown/Park West item that you just heard a little while ago when you were working as the CRA (Community Redevelopment Agency) Board. It's a resolution of the City ofMiami Commission, with attachments, authorizing the Manager to execute an amendment to the interlocal cooperation agreement executed on March 31, 1983 between the City ofMiami, Miami -Dade County, and Southwest Overtown Park West Community Development Agency, in substantially the attached form. If you -- Vice Chair Spence -Jones: And this is as amended, meaning whatever we discussed earlier applies to this as well, correct? Mr. Hernandez: Right. It's supposed to be the same item that you approved when you were constituted as the CRA -- Vice Chair Spence -Jones: I know. I just -- Mr. Hernandez: -- which doesn't -- Larry Spring (Chief Financial Officer): As amended. Mr. Hernandez: As amended. Vice Chair Spence -Jones: -- want to make sure "as amended" is on there. Mr. Hernandez: As amended. Vice Chair Spence -Jones: So moved. Commissioner Gonzalez: Second. Chair Sanchez: All right, there's been a -- there's a motion and a second on the pocket item presented by the City Manager. Any discussion on the pocket item? Hearing no discussion on the pocket item, all in favor, say "aye." City ofMiami Page 129 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." Motion carries. What are the other pocket items? Has -- have all the Commissioners gotten a copy? Vice Chair Spence -Jones: Yes. Mr. Hernandez: Yes. Commissioner Regalado: I got it. NA.4 09-01086 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS FLORIDA PUBLIC EMPLOYEES COUNCIL 79, AFSCME, AFL-CIO, LOCAL 871 IN ORDER TO ADDRESS PROJECTED DEFICIT IN THE 2010 FISCAL YEAR BUDGET, INCLUDING AMENDING ARTICLES 20 AND 28 OF THE 2007-2010 COLLECTIVE BARGAINING AGREEMENT. 09-01086 Exhibit.pdf 09-01086-Submittal-Memo-City Manager.pdf 09-01086-Submittal-Joe Simmons.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-09-0445 Chair Sanchez: Pocket items. Pedro G. Hernandez (City Manager): Pocket item number 2 is a resolution of the Miami City Commission, with attachments, ratifying the memorandum of understanding between the City of Miami and employee organization known as Florida Public Employees Council 79 AFSCME (American Federal, State, County, and Municipal Employees), AFL-CIO (American Federation of Labor -Congress oflndustrial Organizations) Local 871 in order to address projected deficit in the 2010 fiscal year budget, including amending Articles 20 and 28 of the 2007/2010 collective bargaining agreement. Chair Sanchez: Explain this to me. Mr. Hernandez: And we were able to reach an agreement about a -- over a week ago with the 871 union president. He took the item to their members who have ratified that agreement. Commissioner Gonzalez: Motion. Vice Chair Spence -Jones: Second. You have a -- Joe, would you like to put something on the record? Joe Simmons: Joe Simmons, president of the sanitation workers, City ofMiami, AFSCME Local 871, Council 79. I'm here on behalf of our membership. We understand the position that the City is in, and we wanted to make sure that we, being good stewards, play our part. It was some tough decisions we had to make and our membership understand the position that we're in. It's only a one-year period, and we're hopeful that things will get better next fiscal year. Thank you. City ofMiami Page 130 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: No. Thank you, Joe. Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: Yeah. Chair Sanchez: Thank you for -- Commissioner Gonzalez: If everybody will do that, it will be easier. Vice Chair Spence -Jones: Let me just -- I definitely -- Chair Sanchez: Thank you. Vice Chair Spence -Jones: -- want to publicly commend -- you know how I feel about sanitation and solid waste workers, you know. They're always the last ones on the list and always the individuals that always have to bend, but I'm really proud ofMr. Simmons and the whole team of folks that have worked together to make sure that we protect our workers and that they're not last on the list. Mr. Simmons: Yes. Vice Chair Spence -Jones: As we said, it's only for a year, so we'll be back at the table once again a year after we address the issue, but for the most part, I just wanted to at least publicly acknowledge you for at least taking care of your families -- Mr. Simmons: Yes. Vice Chair Spence -Jones: -- which is extremely important. Mr. Simmons: Exactly. Also, I wanted to say, we do still have some -- you know, I know the temporaries are still a very kind of sticky subject right now, and we want to see if we can all sit down and come up with a solution to protect those individuals as well because it's a very small pool of people that we pull from when our men and women are out due to various reasons. What we're still willing to work with the Administration on that subject. Thank you. Commissioner Gonzalez: Thank you. Vice Chair Spence -Jones: How many temps is it, Joe? Mr. Simmons: It's about 22. It cost around about half a million dollars for those 22. Most of those 22 people, as you well know, have between 6 months and 13 years of service and they're still temporary. About 6 -- Vice Chair Spence -Jones: What -- Mr. Simmons: -- years ago, we came up with an agreement with the City where we supported reactivating an old program that the City had called Career Opportunity, and we gave our support in order to put some things in place for those individuals to have something to look forward to. What it does, pretty much, is those -- there's a seniority list that's created. Those individuals that are temporary, the first available slot, entry level, they would go into without an exam needed. Once they obtain that position and complete probation, everything else above that is competitive, so they have to compete, take the necessary training that we have. And we're hoping that -- you know, there are some other things we got to work with the Administration on. City ofMiami Page 131 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Thank you very much. Vice Chair Spence -Jones: All right. Commissioner Gonzalez: Thank you. Chair Sanchez: All right. The pocket item -- Mr. Hernandez: Commissioners, real quick. I would like to thank Joe and the whole team because he has a lot of support there, a lot of good people that really were very creative in coming up with solutions that were significant. Thank you, Joe. Chair Sanchez: Thank you. Priscilla A. Thompson (City Clerk): Chair. Chair Sanchez: Thanks for the cooperation. All right. Ms. Thompson: I'm sorry, Chair, and I apologize. I have information or documentation handed to me, so I need to know the first thing that you're taking care of is that the resolution? Because you have a resolution and an emergency ordinance in my packet. Commissioner Gonzalez: Resolution, and emergency ordinance is what's coming up now. Vice Chair Spence -Jones: We're dealing with the resolution now. That's what the question was? Mr. Hernandez: Yes, this is the resolution. Ms. Thompson: Okay. Then my record would show the resolution with the mover of Commissioner Gonzalez and the seconder of Vice Chair Spence -Jones. Is that correct? Vice Chair Spence -Jones: Yes, ma'am. Ms. Thompson: Thank you. Mr. Hernandez: Yes. Chair Sanchez: All right. Vice Chair Spence -Jones: And, Mr. Manager, please let the record show that Joe did put on the record that there's 22 other -- Mr. Hernandez: Yes. Vice Chair Spence -Jones: -- part-time folks that he's really hoping that you guys can work through as well for being such a good steward. Mr. Hernandez: We'll continue to work with him to see if we find simpler ideas. Vice Chair Spence -Jones: Thank you. Mr. Simmons: Thank you. Chair Sanchez: All right. City ofMiami Page 132 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Commissioner Gonzalez: They deserve it. Chair Sanchez: All in favor of the pocket item, say "aye." The Commission (Collectively): Aye. Chair Sanchez: Anyone in opposition, having the same right, say "nay." The pocket item, which was presented through a resolution, ratifying the MOU (Memorandum of Understanding) between the City and Local 871. All right. NA.5 09-01087 ORDINANCE Non -Agenda (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 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 PROVIDE FOR A LIMITED DROP INCENTIVE PROGRAM; MORE PARTICULARLY BY AMENDING SECTION 40-255; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01 087-Submittal-Memo-Ciy Manager. pdf Motion by Vice Chair Spence -Jones, seconded by Commissioner Gonzalez, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Samoff, Sanchez, Regalado and Spence -Jones 13099 Chair Sanchez: Any other pocket items? Pedro G. Hernandez (City Manager): Mr. Chairman, the last one is an emergency ordinance to provide GESE (General Employees and Sanitation Employees) with a limited DROP (Deferred Retirement Option Plan) -incentive program, and Larry's going to explain it quickly, but in essence, it will be very helpful, especially with 19 -- AFSCME (American Federal, State, County, and Municipal Employees) 1907 in being able to have a package that will work for that group. Larry. Larry Spring: Larry Spring, chief financial officer. Commissioners, in working through -- coming up with a solution for the AFSCME 1907, we developed a DROP -incentive program for individual active employees who have already entered the DROP. The incentive program is basically a $25, 000 inducement. The inducement can be paid in two pieces. It could be either taken as two years of City --100 percent subsidized insurance, plus a $7,200 approximately cash payment, or it can be paid as a $25, 000 cash payment. The -- in analyzing the number of DROP -- and I know -- since our -- the numbers have been growing over the last couple of weeks, but we did it based on 126 members, we expect to -- if -- at 100 percent participation, we expected to save a net $2 million to next year's budget by way of salary reductions of the older tenured employee leaving service, and we included of course, in our analysis the payment of the incentive over the two years and the payoff of the accrued balances. So we made sure we included all of the related expenses in that analysis. We're hoping to achieve at least a 30 percent response level, which would be most of the individuals that are between -- that are less than a year and a half left remaining in the DROP to be incentivized by this area, and it will help us in one of the proposals that we're working on with the AFSCME union to sure up that proposal, so we ask that you consider that item. City ofMiami Page 133 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Chair Sanchez: Okay. All right. Can we get a motion on that pocket item? Commissioner Gonzalez: I'll second it. Vice Chair Spence -Jones: Discussion. Chair Sanchez: There's a motion by the Vice Chair, second by Commissioner Gonzalez. Discussion on the item. Vice Chair Spence -Jones: The only thing is that I -- Priscilla A. Thompson (City Clerk): I don't -- your microphone. Vice Chair Spence -Jones: Is Charlie here? Mr. Spring: He's actually -- Vice Chair Spence -Jones: Somewhere, right? Mr. Spring: -- somewhere. Vice Chair Spence -Jones: 'cause this is one of the things that originally, when all this stuff was going on regarding us putting these budgets together that we talked about Charlie and I and yourself around figuring out a way that we can address those employees -- Mr. Spring: Here he comes now. Vice Chair Spence -Jones: Huh? Mr. Spring: He's coming now. Vice Chair Spence -Jones: Okay. Charlie, this is the item, remember, we kind of talked about -- Charlie Cox: Yes, ma'am. He just -- Vice Chair Spence -Jones: -- with Larry, you know, trying to figure out something to address those employees that would be able to actually participate in what we're talking about and benefit from -- them not being affected by what's happening with the overall budget, correct? Mr. Cox: Yes, ma'am. He just brought that to me today. Vice Chair Spence -Jones: You just got -- Mr. Cox: Just now. Vice Chair Spence -Jones: Okay. Mr. Cox: As a matter of fact, back in Commissioner Gonzalez's office. Mr. Spring: This -- well, this is the DROP -- Chair Sanchez: Charlie, put your name and -- Mr. Spring: -- that is the DROP portion. City ofMiami Page 134 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Mr. Cox: Yes, this is the DROP -- I'm sorry. Charlie Cox, AFSCME Local 1907. Vice Chair Spence -Jones: Okay. But my point in all of it is -- I know this is something that I know I've been talking about for goodness -- for God sake how long trying to figure out a way to save as many people as possible and not hurt as many people as possible, so this is -- I just want to hear from you, Charlie, that this is one step in that direction in doing that. Mr. Cox: It's one piece of the puzzle. Vice Chair Spence -Jones: Okay. So today we're voting on that. We just got a motion and a second on it, so at least we're moving in that direction. I just wanted to make sure that this is what we talked about and this is -- we're -- Mr. Cox: Yes, ma'am. Vice Chair Spence -Jones: -- going in the right -- we are going in the right direction, correct? Mr. Cox: One step, yes, ma'am. Vice Chair Spence -Jones: Okay. No problem. I appreciate that. Chair Sanchez: All right. No further discussion on the pocket item. There's been a motion and a second. All in favor, say "aye." Commissioner Gonzalez: No, no. It's an ordinance. Ms. Thompson: I'm sorry. It's -- Mr. Spring: Emergency. Ms. Thompson: -- an emergency ordinance. Chair Sanchez: Oh, I'm sorry. It's an -- emergency ordinance. Ms. Thompson: Emergency ordinance. Chair Sanchez: All right, so read the ordinance into the record, and we got to vote on it twice. Ms. Thompson: Yes. Chair Sanchez: All right, read the ordinance into the record, followed by a roll call, and we vote on it twice. Julie O. Bru (City Attorney): Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Chair Sanchez: All right. Roll call. Ms. Thompson: Your first roll call on your emergency ordinance. Chair Sanchez: Second roll call. Ms. Thompson: Your second roll call. City ofMiami Page 135 Printed on 10/20/2009 City Commission Meeting Minutes September 24, 2009 Roll calls were taken, the results of which are stated above. Ms. Thompson: The ordinance has been passed as an emergency measure, 5-0. Chair Sanchez: All right. Ladies and gentlemen, the City ofMiami Commission meeting is going to take a 15-minute recess. NA.6 09-01088 DISCUSSION ITEM THE EXECUTIVE SESSION CURRENTLY SCHEDULED FOR OCTOBER 8, 2009 INVOLVING THE SIDNEY S. AND DANIELLE WELLMAN CASE WAS MOVED TO THE OCTOBER 22, 2009 MIAMI CITY COMMISSION MEETING. DISCUSSED Chair Sanchez: What other item -- clean-up item do we have? Julie O. Bru (City Attorney): Mr. Chairman, just a housekeeping item. At the last Commission meeting, we had scheduled an executive session for October 8 on the Wellman matter. I need to ask you to please move that to October 22. One of the attorneys that need to be present cannot be present, so ifI may, can you just state it, you know, for the record that the executive session on the case of Sidney S. and Danielle Wellman versus City ofMiami will be held on October 22. Chair Sanchez: All right. Madam Clerk. Priscilla A. Thompson (City Clerk): I have that noted. Thank you very much. Chair Sanchez: Okay. And basically, I hope that all the Commissioners can make it. All right. So right now, the City ofMiami Commission meeting stands in recess. We will get back and we'll address the budget hearings. Fifteen minutes. ADJOURNMENT A motion was made by Commissioner Sarnoff, seconded by Commissioner Regalado, and was passed unanimously, with Commissioner Gonzalez absent, to adjourn the September 29, 2009 Miami City Commission meeting. City ofMiami Page 136 Printed on 10/20/2009