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HomeMy WebLinkAboutCC 2009-12-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com '., IMCORP GROTED IL E y. • Meeting Minutes Thursday, December 10, 2009 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes December 10, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEMS PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS DI - DISCUSSION ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the loth day of December 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 Marc David Sarnoff at 9:03 a.m., recessed at 11:45 a.m., reconvened at 3:02 p.m., recessed at 5:43 p.m., reconvened at 6:09 p.m., and adjourned at 8:12 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff (INAUDIBLE) City ofMiami Commission. We have one protocol item. Before we do that, what would like to do is have Commissioner Suarez lead us in a prayer and then have Commissioner Carollo lead us with the pledge of allegiance. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 09-01304 PRESENTATION Special Presentations The City of Miami is recognized for having placed second in this year's Digital Cities Survey. The City of Miami receives The Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ending September 30, 2008. The certificate plaque is presented under the auspices of the Government Finance Officers Association. 09-01304 Protocol.pdf PRESENTED Tom Grimes, on behalf of the Center for Digital Government, presented the City ofMiami with an award for having placed second in the 2009 Digital Cities Survey. Chair Sarnoff Okay. We have one protocol item. This is the City ofMiami recognition for having placed second in this year's Digital Cities survey. So I think, Peter Korinis, if you would lead us. Peter Korinis (Chieflnformation Officer): Thank you, Chairman Sarnoff. Presentation made. MAYORAL VETOES City ofMiami Page 3 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 NO MAYORAL VETOES Chair Sarnoff City Clerk, do we have to do anything? Priscilla A. Thompson (City Clerk): Yes, you do, sir. As you know, you have a memorandum from the Mayor -- from -- I'm sorry, from the City Clerk's office letting you know that there are no mayoral vetoes. So you need to state that on the record. Chair Sarnoff You having done so is sufficient? Ms. Thompson: That's -- thank you then. Chair Sarnoff Thank you. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right. Priscilla A. Thompson (City Clerk): Next, you have your minutes to approve. Chair Sarnoff We have the minutes from the previous Commission meeting. Is there a motion? Vice Chair Carollo: Mr. Chairman, I have a question for Madam City Attorney. Chair Sarnoff Sure. Vice Chair Carollo: Madam City Attorney, I know I spoke to you about this this morning when I called you. I was -- I did not attend the last meeting, and yes, I may be able to see it online, which I will confess I haven't. However, I know there's a state law that stipulates that anyone or any board that -- or any member of a board that is present has to vote. However, I feel uncomfortable voting on an item that I was not a part of or that I,, you know, haven't seen. How - - what do you recommend? What do you suggest? Julie O. Bru (City Attorney): Approval of the meetings [sic] is set forth -- the requirement for approving your minutes is set forth in your orders of procedure, which are purely internal rules of order that you have adopted. It doesn't require that you have been present at the meeting in order to subsequently approve the minutes. The minutes are made available ahead of time in case you have any questions about it. Should you have any questions, it can be discussed. But you are -- it would be proper for you to vote on it. Vice Chair Carollo: Having not been present at the meeting? Ms. Bru: Yes. That's not a requirement of our rules of procedure that you have been present at the meeting in order to subsequently vote on the minutes, and that's why they are made available ahead of time should you have any questions about it. Vice Chair Carollo: Got you. Ms. Bru: Okay. Commissioner Suarez: If it makes the Commissioner feel more comfortable, I'll move that we adopt the minutes. City ofMiami Page 4 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Well, he's going to be voting so -- Vice Chair Carollo: Right. Chair Sarnoff -- if you would prefer, can we defer it to the next meeting so that he have an opportunity to have reviewed or watched the video? Ms. Bru: If -- and I'm sorry. I didn't hear. The Commissioner said he has not reviewed the minutes? Is that -- Commissioner, you haven't had a chance to review the minutes? Vice Chair Carollo: No, I have not. And again, I thought that I had to be present in order to vote for it -- Ms. Bru: Yeah. Vice Chair Carollo: -- and there was the issue of ifI am present, I have to vote, and ifI do not, then there will not be a quorum. Can we just then -- Ms. Bru: Right. Vice Chair Carollo: -- follow in the Chairman's lead and move it to December 17 meeting? Ms. Bru: I think that's a good suggestion, you know. Even though you weren't present, if -- this will give you sufficient time to be able to review them and ask any questions that you may have about it. Vice Chair Carollo: Thank you. Chair Sarnoff So let me ask if there is a motion to continue to a time certain? Commissioner Suarez: I so move. Chair Sarnoff To the December 17 meeting? Commissioner Suarez: Yes. Vice Chair Carollo: Second. Chair Sarnoff We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES Order of the Day Chair Sarnoff Madam City Attorney. Julie O. Bru (City Attorney): Good morning, Mr. Chair, Vice Chair, and Commissioner, Madam Clerk, members of the public, City Manager. I have some rules of procedure that I'd like to read into the record. You should all know that the material for each item on the agenda is always available during business hours at the City Clerk's office and online at wwwmiamigov. com [sic]. Please note any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. We have a copy of the Code section about lobbyists available also in the City Clerk's office. If anyone wishes to appeal any decision that's made by the City City ofMiami Page 5 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commission for any matter considered at this meeting, you may need a verbatim record of the item. No cell phones, noise -making devices are permitted. Please silence those devices now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. If anyone requires auxiliary aids and services for the meeting, please notify the City Clerk. And there are two meetings that have been combined for this meeting here today. There's a regular meeting and a Planning & Zoning agenda meeting, and I will read the rules for the Planning & Zoning meeting when we get to that meeting. Chair Sarnoff Thank you. [Later..] Chair Sarnoff Okay. So now we can move on. Is there any other items, Madam Clerk or Madam City Attorney? Ms. Bru: Is the Manager going to put on the record --? Pedro G. Hernandez (City Manager): Mr. Chairman, if you allow me. Chair Sarnoff Yes, sir. Mr. Hernandez: Good morning, Commissioners, Mr. Chair. There is a number of items from the regular agenda that I would like to ask for your support in deferring or withdrawing, and I would like to read those into the record. The first item is consent agenda 9, CA.9. We're asking that the item be withdrawn. PH.5, defer indefinitely; PH.6, defer indefinitely; PH 12, defer indefinitely; FR.4, to be withdrawn; RE.1, to be continued to January 14; RE.13, to be withdrawn; RE.14, to defer indefinitely; and RE.16, to defer indefinitely. Also, I have item SR.2, which is the second reading on the ordinance increasing various fees, I would like to ask that that item be tabled to the end of the meeting. Mr. Spring is making some final adjustments to the item and has requested that, you know, we take the item at the very end, if you so allow, and that's SR.2. I also have some -- Priscilla A. Thompson (City Clerk): I'm sorry. Mr. Hernandez: -- requests -- Vice Chair Carollo: S -- Ms. Thompson: SR.1? Vice Chair Carollo: Right. Mr. Hernandez: SR.2. Chair Sarnoff I think it's -- Ms. Thompson: We don't -- Chair Sarnoff -- we have it as SR.1, Mr. Manager. Mr. Hernandez: Okay, I apologize. It's SR.1. Mr. Chair, I also have some items from Planning & Zoning, but if you so desire, I'll hold those off until we get to the Planning & Zoning agenda. Chair Sarnoff Yeah. 'Cause my understanding is we actually have what I would call almost City ofMiami Page 6 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 four agendas 'cause we have the regular agenda, we have supplemental agenda, the supplemental A agenda, and the Planning & Zoning agenda. Mr. Hernandez: You are correct. Chair Sarnoff So why don't we -- when we get to Planning & Zoning, which I would expect be around 3 or 4 o'clock this afternoon, why don't we do it then, if that's your pleasure? Mr. Hernandez: That's perfect. Chair Sarnoff Okay. What I'd like to advise the other Commissioners, I'm going to take a couple of items out of order, so maybe you can govern your day a little bit. I'm going to take RE.8, which is the BID (Business Improvement District) budget -- I'm going to take that up at 9:30. FR.5, page 23 of your agenda, which is street and sidewalks, I'm going to take that at 11:15. Vice Chair Carollo: I'm sorry, Mr. Chairman. Chair Sarnoff FR.5, page -- Vice Chair Carollo: FR.5. Chair Sarnoff -- 23 of your agenda. I'm just going to take that at 11:15 for a time certain. And FR.6, which is the ethics ordinance, I'm going to take that at 11:30 a.m. That's on page 23 of your agenda. And the supplemental agenda A, which is the Mayor's discussion items, we're going to take up those items at 4:30 this afternoon. And I think as -- so the other Commissioners are aware, I think we're all going to a lunch between 12 and 2, so I'm going to ask you to be back, if you can, sitting at the dais at 2 o'clock. But think the two hours will give you adequate time to do what you need to do. Vice Chair Carollo: With that said, Mr. Chairman, is it possible to leave a little earlier and come back a little earlier? Yes. We're going to a luncheon with a lot of elderlies and they're usually -- Chair Sarnoff We -- Vice Chair Carollo: -- start early. Chair Sarnoff Tell you what, let's make sure that we get out of here by a quarter to 12, if that's alright. The only reason I say 11:30 is I believe there's going to be a very short news conference, if you will, a press conference, so -- and you may want to attend that as well. But I think we'll get through this agenda pretty quickly. All right. Ms. Thompson: Chair, iflmight -- Chair Sarnoff Yes. Ms. Thompson: -- just so that have my record straight and we're all on the same page, may I review the list of what the City Manager just went over? I have on my list that CA.9 is withdrawn. PH -- that's public hearing 5 is indefinitely deferred; PH 6, public hearing 6, indefinitely deferred; PH12, public hearing 12, indefinitely deferred. FR.4 will be withdrawn. RE. 1 is being continued to the January 14, 2010 meeting. RE.13 is being withdrawn. RE. 14 is an indefinite deferral; RE. 17, indefinite deferral. I'm sorry. Mr. Hernandez: 16, RE.16. City ofMiami Page 7 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Thompson: Thank you. Chair Sarnoff I'm sorry. I may have lost you. I had you at RE.13, withdrawn, and then RE.16, withdrawn? Ms. Thompson: Okay. That's why I want to make sure. I have an RE.14. Is that correct, Mr. Manager? Mr. Hernandez: RE.14 is deferred indefinitely -- Ms. Thompson: Right. Mr. Hernandez: -- and RE.16 is to defer indefinitely. Ms. Thompson: Okay. Are we on the same page, Chair? Chair Sarnoff We are now, Madam -- Ms. Thompson: Thank you. Chair Sarnoff -- Clerk. Ms. Thompson: SR.1, table to the end of the meeting. RE.8 will be taken up at 9:30 a.m. FR.5, that's your first reading ordinance 5, will be taken up at 11:15 a.m. -- I'm sorry, FR.5. FR, first reading ordinance 6, 11:30 a.m., and SPA, the special -- the supplemental agenda, will be taken at -- up at 4: 30 p.m. Chair Sarnoff Correct. Ms. Thompson: Thank you. I just wanted to make sure we had everything correct. [Later..] Ms. Bru: Mr. Chair, I think we should probably vote on the deferrals and the withdrawals and all that just as a -- please. Chair Sarnoff All right. Can I get a motion for the withdrawals, the deferrals, and the continuances? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. City ofMiami Page 8 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 CONSENT AGENDA CA.1 09-01205 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT RIGHT-OF-WAY DEEDS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE EXPANSION OF SOUTHEAST 3RD STREET, MIAMI, FLORIDA, BETWEEN SOUTH BISCAYNE BOULEVARD AND SOUTH EAST 3RD AVENUE, MIAMI, FLORIDA, FROM MDM RETAIL, LTD, MDM RESIDENCES, LTD AND MET 1 CONDOMINIUM ASSOCIATION; APPROVING AND AUTHORIZING THE RECORDATION OF SAID RIGHT-OF-WAY DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO AMEND THE CITY OF MIAMI MUNICIPAL ATLAS TO DESIGNATE THE PROPERTIES IDENTIFIED IN SAID RIGHT-OF-WAY DEEDS, AS OFFICIAL PUBLIC ROADWAY; FURTHER AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO NOTIFY THE MIAMI-DADE COUNTY PROPERTY APPRAISER OF THE CHANGE IN STATUS AND OWNERSHIP OF THE PROPERTY IDENTIFIED IN SAID RIGHT-OF-WAY DEEDS. 09-01205 Legislation.pdf 09-01205 Exhibit .pdf 09-01205 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0515 CA.2 09-01206 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), CONFIRMING THE ISSUANCE OF A CITY OF MIAMI PUBLIC WORKS EXCAVATION PERMIT FOR A FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY CONDUIT IN A PORTION OF THE RIGHT-OF-WAY OF NORTHWEST 3RD AVENUE, WITHIN THE CITY OF MIAMI, FLORIDA, IN ACCORDANCE WITH THE CONDITIONS AS SET FORTH HEREIN. 09-01206 Legislation.pdf 09-01206 Exhibit.pdf 09-01206 Summary Form.pdf 09-01206 Map.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0516 CA.3 09-01209 RESOLUTION City ofMiami Page 9 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO ISSUE A TEMPORARY ROAD CLOSURE PERMIT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR PORTIONS OF THE RIGHT-OF-WAY OF NORTHEAST 37TH STREET, NORTHWEST 37TH STREET ALLEY, NORTHWEST/NORTHEAST 38TH STREET AND NORTHWEST 39TH STREET, WITHIN THE CITY OF MIAMI, FLORIDA, AS DESCRIBED ON THE LEGAL DESCRIPTION, ATTACHED AND INCORPORATED, IDENTIFIED AS PARCELS 700, 702, 704, 705, 707 AND 708, FOR AN INITIAL PERIOD OF THREE (3) YEARS, TO ACCOMMODATE THE RECONSTRUCTION OF PORTIONS OF THE SR-112/I-195 (AIRPORT EXPRESSWAY);AUTHORIZING THE CITY MANAGER TO GRANT EXTENSIONS TO THE INITIAL THREE (3) YEAR PERMIT PERIOD IN INCREMENTS NOT TO EXCEED NINETY (90) DAYS IN DURATION; FURTHER WAIVING THE FEES REQUIRED BY THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO OBTAIN SAID TEMPORARY CLOSURE PERMIT, AND ANY EXTENSIONS THERETO. 09-01209 Legislation.pdf 09-01209 Exhibit 1.pdf 09-01209 Exhibit 2.pdf 09-01209 Exhibit 3.pdf 09-01209 Exhibit 4.pdf 09-01209 Exhibit 5.pdf 09-01209 Exhibit 6.pdf 09-01209 Summary Form.pdf 09-01209 Map.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0517 CA.4 09-01227 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ADDING THE PALM BEACH COUNTY SHERIFF'S OFFICE AS A PARTICIPATING AGENCY IN THE MIAMI URBAN AREA SECURITY INITIATIVE ("UASI") GRANT 2008 TO RESOLUTION NO. 09-0413, ADOPTED SEPTEMBER 10, 2009; AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM WITH THE PALM BEACH COUNTY SHERIFF'S OFFICE, SETTING FORTH THE PARTIES' RESPONSIBILITIES IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECT ADMINISTERED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE, WITH FUNDS ALLOCATED, AS STIPULATED IN RESOLUTION NO. 09-0413, FOR HOMELAND SECURITY EXPENSES PURSUANT TO THE UASI GUIDELINES. City ofMiami Page 10 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 09-01227 Legislation.pdf 09-01227 Exhibit.pdf 09-01227 Summary Form.pdf 09-01227 Master Report.pdf 09-01227 Pre-Legislation.pdf 09-01227 Memoranda of Agreements.pdf 09-01227 Pre -Summary Form 1.pdf 09-01227 Subgrant Agreement.pdf 09-01227 MOA-Hialeah.pdf 09-01227 MOA- Miami -Dade County.pdf 09-01227 MOA - Monroe County.pdf 09-01227 Pre -Summary Form 2.pdf 09-01227 Fund Title.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0518 CA.5 09-01212 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EPA BROWNFIELDS JOB TRAINING GRANT", AND APPROPRIATING FUNDING, IN THE AMOUNT OF $500,000, CONSISTING OF GRANT AWARDS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, FUNDED BY THE AMERICAN RECOVERY AND INVESTMENT ACT SIGNED BY PRESIDENT BARACK OBAMA ON FEBRUARY 17, 2009, PROVIDING ENVIRONMENTAL/"GREEN JOB" TECHNICAL TRAINING TO CITY OF MIAMI RESIDENTS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE COOPERATIVE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND IMPLEMENTATION OF SAID GRANT. 09-01212 Legislation.pdf 09-01212 Exhibit 1.pdf 09-01212 Exhibit 2.pdf 09-01212 Summary Form.pdf 09-01212 Notice of Award.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0519 CA.6 09-01218 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office 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 AND LINDSEY HOPKINS TECHNICAL EDUCATION CENTER ("LHTEC"), THAT AUTHORIZES THE CITY TO CONDUCT COURSES USING City ofMiami Page 11 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 THE FACILITIES AT LHTEC TO IMPLEMENT THE ENVIRONMENTAL PROTECTION AGENCY BROWNFIELD JOB TRAINING GRANT THAT WILL PROVIDE ENVIRONMENTAL/"GREEN JOB" TECHNICAL TRAINING TO CITY RESIDENTS. 09-01218 Legislation.pdf 09-01218 Exhibit.pdf 09-01218 Summary Form.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0527 Chair Sarnoff All right. Commissioner Carollo, you are recognized for CA. 6. Vice Chair Carollo: For CA.6, I just have one question. I see Lindsey Hopkin [sic] Technical Education, and I just -- for my knowledge and I guess for everyone's knowledge, how was Lindsey Hopkin [sic] selected? Was there a procurement process? Glendon Hall (Senior Project Manager, Economic Initiatives): Good morning, Commissioners. This is Glen Hall. Lindsey Hopkins is part of the grant proposal for the job training grant. They are providing the space there free of charge as an in -kind contribution. The goal is after three years for the extent of the grant to actually make this job training process for green jobs be a permanent part of their curriculum. That's the goal. Vice Chair Carollo: And, you know, obviously, I appreciate them providing the in -kind space, but was there a procurement process? How was -- how did we get into a contract with them or how did we choose them? How did that process happen? Mr. Hall: Well, Lindsey Hopkins is the largest and oldest technical school in the county. And as a result of us partnering with different organizations within the City, they were the number -one choice to be part of the program. So since there's not any monies being exchanged, it wasn't necessary for a procurement process to occur since the space is provided free of charge. Vice Chair Carollo: Thank you. Mr. Hall: All right. Chair Sarnoff Any further questions? Vice Chair Carollo: No. Chair Sarnoff All right. Do I have a motion then on CA.6? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 12 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 CA.7 09-01219 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL NO. 127103, THAT FORAY TECHNOLOGIES, IS THE TOP -RANKED FIRM RESPONSIVE TO THE RFP REQUIREMENTS, TO PROVIDE A LAW ENFORCEMENT DIGITAL PHOTO LAB SYSTEM, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE PROFESSIONAL SERVICE AGREEMENT(S) ("PSAS"), IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE TERMS LISTED UNDER EACH RESPECTIVE PSA, AT AN INITIAL COST NOT TO EXCEED $317,477.90, WHICH INCLUDES THE IMPLEMENTATION OF A LAW ENFORCEMENT DIGITAL PHOTO LAB SYSTEM AND THE FIRST SIX (6) YEARS OF SOFTWARE MAINTENANCE SUPPORT AND SERVICE, WITH THE FIRST YEAR INCLUDED AT NO ADDITIONAL COST TO THE CITY OF MIAMI; ALLOCATING FUNDS FROM THE UNITED STATES DEPARTMENT OF JUSTICE, COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT ACCOUNT NO. 12000.191008.664000.0000.00000, PNG AWARD 1624, PROJECT 19-199954; FURTHER AUTHORIZING TWO (2) ADDITIONAL OPTIONS TO EXTEND FOR FIVE (5) YEARS EACH THE SOFTWARE MAINTENANCE SUPPORT AND SERVICE; ALLOCATING FUNDS FOR FUTURE YEAR FUNDING, FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01219 Legislation.pdf 09-01219 Exhibit 1.pdf 09-01219 Exhibit 2.pdf 09-01219 Exhibit 3.pdf 09-01219 Exhibit 4.pdf 09-01219 Exhibit 5.pdf 09-01219 Exhibit 6.pdf 09-01219 Exhibit 7.pdf 09-01219 Exhibit 8.pdf 09-01219 Exhibit 9.pdf 09-01219 Exhibit 10.pdf 09-01219 Exhibit 11.pdf 09-01219 Exhibit 12.pdf 09-01219 Summary Form.pdf 09-01219 Text File Report.pdf 09-01219 Letter.pdf 09-01219 Master Evaluation Form.pdf 09-01219-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0520 CA.8 09-01220 RESOLUTION City ofMiami Page 13 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Police ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSAL ("RFP") NO. 149127,THAT LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., IS THE HIGHEST -RANKED FIRM, IN THE BEST INTEREST, AND MOST ADVANTAGEOUS TO THE CITY OF MIAMI TO PROVIDE PART A: PRE -EMPLOYMENT PSYCHOLOGICAL SERVICES FOR SWORN PERSONNEL, PART B: PSYCHOLOGICAL SERVICES FOR EMPLOYEES, AND PART C: PRE -EMPLOYMENT AND POST -EMPLOYMENT SERVICES FOR CIVILIAN EMPLOYEES, FOR THE DEPARTMENT OF POLICE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; SHOULD NEGOTIATIONS FAIL WITH LAW ENFORCEMENT PSYCHOLOGICAL AND COUNSELING ASSOCIATES, INC., FOR PARTS A, B AND C, THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, HARLEY V. STOCK, PH.D., P.A. D/B/A FORENSIC PSYCHIATRIC AND PSYCHOLOGICAL ASSOCIATES, FOR PART A: PRE -EMPLOYMENT PSYCHOLOGICAL SERVICES FOR SWORN PERSONNEL AND ISSUE A NEW RFP FOR PART B: PSYCHOLOGICAL SERVICES FOR EMPLOYEES, AND PART C: PRE -EMPLOYMENT AND POST -EMPLOYMENT SERVICES FOR CIVILIAN EMPLOYEES FOR THE DEPARTMENT OF POLICE. 09-01220 Legislation.pdf 09-01220 Exhibit 1.pdf 09-01220 Exhibit 2.pdf 09-01220 Exhibit 3.pdf 09-01220 Exhibit 4.pdf 09-01220 Exhibit 5.pdf 09-01220 Exhibit 6.pdf 09-01220 Exhibit 7.pdf 09-01220 Exhibit 8.pdf 09-01220 Exhibit 9.pdf 09-01220 Summary Form.pdf 09-01220 Memo.pdf 09-01220 Master Evaluation Form.pdf 09-01220 Evaluation Form 1.pdf 09-01220 Evaluation Form 2.pdf 09-01220-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0521 CA.9 09-01222 RESOLUTION City ofMiami Page 14 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Purchasing RECEIVED JUNE 3, 2009, PURSUANT TO INVITATION FOR BID NO. 123083, FROM RECHTIEN INTERNATIONAL TRUCKS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF TWO (2) CHIP DUMP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 352296, B-30156. 09-01222 Legislation.pdf 09-01222 Exhibit 1.pdf 09-01222 Exhibit 2.pdf 09-01222 Exhibit 3.pdf 09-01222 Exhibit 4.pdf 09-01222 Exhibit 5.pdf 09-01222 Exhibit 6.pdf 09-01222 Summary Form.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item CA.1. CA.10 09-01221 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED "DINNER KEY MOORING FIELD" ("PROJECT"); ALLOCATING AND APPROPRIATING FUNDS, IN THE AMOUNT OF $262,780, FOR FACILITY OPERATIONS AND MAINTENANCE FOR FISCAL YEAR 2010; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ESTABLISH SAID PROJECT. 09-01221 Legislation.pdf 09-01221 Summary Form.pdf 09-01221 Annual Report.pdf 09-01221 Project Agreement Amendment.pdf 09-01221 File Summary Report.pdf 09-01221 Project Agreement.pdf 09-01221 Exhibit B.pdf 09-01221 Exhibit A.pdf 09-01221 Exhibit C.pdf 09-01221 Exhibit D.pdf 09-01221 Exhibit E.pdf 09-01221 Exhibit F.pdf 09-01221 Exhibit G.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0522 City ofMiami Page 15 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 CA.11 09-01245 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED "KENNEDY PARK SHORELINE STABILIZATION PHASE I," AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED$40,000, CONSISTING OF A GRANT AWARD FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCH OF $40,000, FROM SPECIAL REVENUE FUND B-30541; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT AWARD. 09-01245 Legislation.pdf 09-01245 Exhibit 1.pdf 09-01245 Exhibit 2.pdf 09-01245 Exhibit 3.pdf 09-01245 Exhibit 4.pdf 09-01245 Exhibit 5.pdf 09-01245 Exhibit 6.pdf 09-01245 Exhibit 7.pdf 09-01245 Exhibit 8.pdf 09-01245 Exhibit 9.pdf 09-01245 Summary Form.pdf 09-01245 Letter.pdf 09-01245 Pre-Legislation.pdf 09-01245 Attachment E-6.pdf 09-01245 Master Report.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0523 CA.12 09-01246 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED "KENNEDY PARK FLOATING DOCK, PHASE I," AND APPROPRIATING FUNDS IN AN AMOUNT NOT TO EXCEED $35,000 CONSISTING OF A GRANT AWARD FROM THE FLORIDA INLAND NAVIGATION DISTRICT; AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCH OF $35,000, FROM SPECIAL REVENUE FUND B-30541; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF AND ADMINISTRATION OF SAID GRANT AWARD. City ofMiami Page 16 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 09-01246 Legislation.pdf Exhibit 1.pdf Exhibit 2.pdf Exhibit 3.pdf Exhibit 4.pdf Exhibit 5.pdf Exhibit 6.pdf Exhibit 7.pdf Exhibit 8.pdf Exhibit 9.pdf Exhibit 10.pdf Summary Form.pdf Letter.pdf Pre- Legislation.pdf Attachment E-6.pdf Resolution.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez CA.13 09-01223 Department of Purchasing R-09-0524 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTRACT FOR SUNCOM INTERNET ACCESS WITH AT&T, PURSUANT TO THE STATE OF FLORIDA CONTRACT NO. DMS-08/09-061, EFFECTIVE UNTIL JUNE 30, 2012, SUBJECT TO FURTHER EXTENSIONS AND/OR REPLACEMENT CONTRACTS THERETO BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES. 09-01223 Legislation.pdf 09-01223 Summary Form.pdf 09-01223 Contract Vitals.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez CA.14 09-01226 Department of Purchasing R-09-0525 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RESPONSES OF VARIOUS PRE -QUALIFIED VENDORS AS LISTED ON "ATTACHMENT 1," ATTACHED AND INCORPORATED, FOR THE DEPARTMENT OF PURCHASING, TO PROVIDE GENERAL BUILDING/ENGINEERING AND SPECIALTY TRADE SERVICES FOR VARIOUS CITYWIDE CONSTRUCTION, MAINTENANCE AND REPAIR PROJECTS, ON AN AS -NEEDED PROJECT BASIS, FOR AN INITIAL PERIOD OF TWO (2) YEARS, WITH AUTOMATIC ANNUAL EXTENSIONS UNTIL SUCH TIME AS IT IS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI TO ISSUE A NEW SOLICITATION; City ofMiami Page 17 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 ALLOCATING FUNDS FROM VARIOUS SOURCES, SUBJECT TO BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE REQUEST FOR QUALIFICATION, THE ABILITY TO ADD QUALIFIED FIRMS OR INDIVIDUALS TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 09-01226 Legislation.pdf 09-01226 Exhibit.pdf 09-01226 Summary Form.pdf 09-01226 Request for Qualification.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0526 CA.15 09-01291 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Information CITY MANAGER TO ACCEPT A GRANT, IN THE AMOUNT OF $299,440, Technology FROM SOUTH FLORIDA WORKFORCE INVESTMENT BOARD, TO PROVIDE COMPUTER TRAINING AND SERVICES THROUGH THE ELEVATE MIAMI PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY. 09-01291 Legislation.pdf 09-01291 Summary Form.pdf 09-01291 Letter.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0528 Chair Sarnoff Commissioner Carollo, you're recognized for CA.15. Vice Chair Carollo: Thank you, Mr. Chairman. Accepting a grant of 299, 000 from South Florida Workforce Investment Board. By the way, I think this is an excellent project. Elevate Miami program is an excellent program. However, the only thing that I want to discuss is I see the list of parks here and I counted 19 parks. This grant will be able to be allocated to 19 parks which will participate. However, out of those 19 parks, I only see one in District 3. How can, in the future, we, you know, make it a little bit more even and so forth? Peter Korinis: Commissioner, Peter Korinis, chief information officer. The way we selected the parks was which parks have eParks computer learning centers. And, of course, in your district there really is only one, and that's Jose Marti, which has the largest, with 42 computers and the most classrooms. So it's really the best facility for us, but it's the only one in that district. Now the way we made the selection was we picked every ePark park that had a computer center that had at least eight computers in it. And the reason for that was so that we could put together a City ofMiami Page 18 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 class with one paid instructor and a sufficient number of students to at least break even on the cost of delivering those sessions. And there's 1,140 students that need to be trained, 48 hours each. So that's how it worked out that Jose Marti was the only one in your particular area, sir. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: Through the Chair, to the City Manager, is there a way that, in the future, we could work on this so maybe we can provide a few more eParks? Or actually, could it be locations -- maybe we could address some locations in my district that can become a center for computers and so forth so we have more and I don't see a computer system or the program going to 19 parks and only one in my district. Maybe we could be a little more even. Pedro G. Hernandez (City Manager): Right. Commissioner, we're in the process of initiating construction of a new building at Henderson Park. When that is done, that will be another facility that we can use in your district. Obviously, Jose Marti is the only one there now, although it's the best citywide. But we're going to look for other sites, and I know that Henderson is the best candidate that we have coming up. Vice Chair Carollo: Thank you. Mr. Korinis: Commissioner, ifI may add. Vice Chair Carollo: Sure. Mr. Korinis: Sisters and Brothers is a facility also in your district that has a learning center. We didn't select that initially because it's really not a City park, although there may be an opportunity to provide that there if they would agree to doing that. Vice Chair Carollo: Right. I saw that. And as you well said that, I didn't see this on the list because it's not a park. However, you know, that's a learning center, and I'm sure I could be able to identify other learning centers or potential learning centers for the future in order for, you know, residents in my district to, you know, have equal opportunity to use the computers and so forth. Mr. Korinis: Certainly. Vice Chair Carollo: Thank you. Chair Sarnoff Thank you. Then do we have a motion for CA.15? Vice Chair Carollo: So move. Chair Sarnoff All right. We have a second? Commissioner Suarez: I second that motion. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Adopted the Consent Agenda City ofMiami Page 19 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez END OF CONSENT AGENDA Chair Sarnoff All right. So now moving right along, we have a consent agenda. Does anybody want to pull any items from the consent agenda? Commissioner Suarez: No. Chair Sarnoff All right. Is there a --? Vice Chair Carollo: Mr. Chairman, I do. Chair Sarnoff Okay. Go ahead. Vice Chair Carollo: I'd like to pull CA.6 and I would like to pull CA.15. Chair Sarnoff All right. So is there --? [Later..] Chair Sarnoff So now we have CA.16 on the consent agenda, CA.15 that Commissioner Carollo wishes to speak, but before we do that, can we get a motion for the remaining consent agenda? Vice Chair Carollo: Mr. Chairman, that was CA.6 -- Chair Sarnoff Six, I'm sorry. Vice Chair Carollo: -- and CA.15. Chair Sarnoff CA. 6 and CA.15. So CA.6 and CA.15 not being a part of the motion for the consent agenda -- we'll deal with that in a moment -- is there a motion to approve the remaining consent agenda? Vice Chair Carollo: I make a motion to approve the remaining consent agenda. Commissioner Suarez: I second that motion. Chair Sarnoff All right. There's a motion and there is a second. All in favor, please say "aye." The Commission (Collectively): Aye. SPECIALLY SCHEDULED ITEM SS.1 09-01228 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2009, FOR THE ELECTION OF MAYOR, COMMISSIONER DISTRICT 3, COMMISSIONER DISTRICT 4, AND COMMISSIONER City ofMiami Page 20 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 DISTRICT 5. 09-01228 Municipal Election Memo.pdf 09-01228 Certification Of Official Election Results 2009.pdf 09-01228 Certification And Declaration of Official Election Results 2009.pdf 09-01228 Voting System Post Election Audit Report 2009.pdf 09-01228 Legislation.pdf Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0529 Chair Sarnoff I would think SS.1 would have an interest to the two sitting to my right. Madam - - who's going to present this? -- the Clerk, I guess. Priscilla A. Thompson (City Clerk): I will -- Chair Sarnoff Okay. Ms. Thompson: -- Chair. Thank you. This is just our final housekeeping matter as far as closing out the November election. So it's just that you'll be certifying the results of the election. We've sent you the information after the certification and it's also included in your packet. Chair Sarnoff Handed the gavel to the Vice Chair. I'll make the motion to approve and accept the Clerk's certification and canvassing declaration of the results of the City ofMiami general municipal election of November 3 for the election ofMayor, Commissioner ofDistrict 3, Commissioner of Disfrict 4, and Commissioner, District 5. Vice Chair Carollo: We have a motion from the Chair. Is there a second? Commissioner Suarez: I second that motion. Vice Chair Carollo: Any discussion? Commissioner Suarez: No discussion. Vice Chair Carollo: Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: All in opposition have the same right to say "nay." Seeing none, it passed unanimously. Ms. Thompson: Thank you. Vice Chair Carollo: Mr. Chairman, hold on. You know I take all this seriously, but before I hand over back the gavel to you, you know my wife has been a big part of my campaign and my life and so forth and she always jokes, "You get one of those little hammers, " so just before I give you back the gavel, let me just hit it one time so she could see and -- 'cause she always says, "Do you actually hit it?" and so forth, so I'll pass back the gavel. Chair Sarnoff Thank you. Vice Chair Carollo: Thank you, Chairman. City ofMiami Page 21 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff I think I've just been instructed on how to better do a vote, so I think I -- I think the standard has been set. END OF SPECIALLY SCHEDULED ITEM PUBLIC HEARINGS PH.1 09-01207 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING A THIRTY Public Works (30) DAY EXTENSION OF THE PLAT ENTITLED "JACKSON SOUL," FURTHER PROVIDING THAT APPROVAL OF SAID PLAT SHALL BE RESCINDED IF NOT RECORDED BY JANUARY 11, 2010. 09-01207 Legislation.pdf 09-01207 Summary Form.pdf 09-01207 Memo.pdf 09-01207 Notice of Public Hearing.pdf 09-01207 Memo 2.pdf 09-01207 Notice of Public Hearing 2.pdf 09-01207 Pre-Resolution.pdf 09-01207 Attachment 1pdf 09-01207 Exhibit A.pdf 09-01207 Maps.pdf 09-01207 Master Report.pdf 09-01207 Jackson Soul Maps.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0530 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be RECONSIDERED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez City ofMiami Page 22 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right. Let's go back then to PH (Public Hearing) -- well, no -- yeah, we're -- are we okay with the --? Yes. These PH's we're okay with. Let's go to PH.1. Pedro G. Hernandez (City Manager): PH.1 is a resolution rescinding plat entitled `Jackson Soul." Bill. Bill Anido (Assistant City Manager): Yes. It's a resolution rescinding the previous approval. The 120 days elapsed without the recording of the plat. We have repeatedly contacted the persons involved, and to no avail. So as a matter of fact, we tried for them to be present today so Chair Sarnoff So the -- let me just understand. The Administration is asking this Commission to rescind the plat based on previous practices and our -- the laws? Mr. Anido: Exactly. We have -- they have -- everyone has 120 days maximum to record their plats, and they haven't done so. They failed to do so. Chair Sarnoff Okay. Mr. Anido: This is a fairly standard procedure. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff Okay. Is there a second? Vice Chair Carollo: I'll second. Chair Sarnoff Any discussion on the item? All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. [Later..] Chair Sarnoff PH3. Priscilla A. Thompson (City Clerk): Chair, ifI might. Chair Sarnoff Yes, ma'am. Ms. Thompson: Okay. And we're all in our learning stages here and getting to do things, you know, in our new positions. And I apologize for not calling to your attention at PH.1, you forgot to open up your public hearing. Chair Sarnoff Okay. Sorry about that. Ms. Thompson: So if we might, if we can just set a little standard here, if you don't mind. If we're going to proceed like with our public hearing, will it be our standard that the information will be called -- information will be presented by Administration. Ifyou want to open up your City ofMiami Page 23 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 public hearing and close it and then make your motion for your discussion, we may want to, you know, proceed like that. I don't -- it's up to you, of course. You're the Chair. Chair Sarnoff Agreed. You're right, you're right. Now, what can I do to resolve PH.1 ? Ms. Thompson: Okay. What we'll do for PH.1 is actually ask for a motion to reconsider, go ahead and open up your public hearing, okay, close your public hearing, and then re -vote, if that's -- Chair Sarnoff All right. Let me have -- is there -- will there be a motion for rehearing? Ms. Thompson: Reconsider. Chair Sarnoff Reconsideration. Commissioner Suarez: There's a motion to reconsider the procedure. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. Ms. Thompson: And you're reconsidering PH.1. Chair Sarnoff PH.1. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Now we're going to reopen PH.1. Can we adopt what was put on the record? Ms. Thompson: Yes, definitely. Chair Sarnoff All right. Now, I'm going to open up the public hearing. All those wishing to be heard, please come before the podium now. Seeing none, hearing none, I'm going to close the public hearing. Is there a motion on PK 1 ? Commissioner Suarez: So moved. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. Ms. Thompson: And again, I apologize for not catching you quicker. Chair Sarnoff That's -- any time you see me steering the ship wrong, you just let me know. Ms. Thompson: Thank you. I appreciate that. City ofMiami Page 24 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 [Later...] Chair Sarnoff (INAUDIBLE) 10, 2009 agenda. A matter of housekeeping. I'm going to need to move to reconsider PH.1. PH. 1 should be page 15 of our agenda. This was the resolution of the City ofMiami rescinding resolution regarding the Jackson Soul Food replat. The reason for the reconsideration, gentlemen, is that we now have a CRA (Community Redevelopment Agency) here who may want to explain themselves. So I think before we do that, we have to do -- I'll do a motion. Do I have a sec --? Commissioner Suarez: I'll second the motion. Chair Sarnoff Your job. Vice Chair Carollo: We have a motion by Chairman Sarnoff. Do we have a second? Commissioner Suarez: Yes. I'll second the motion. Vice Chair Carollo: Let's open it up for public hearing. Anyone from the public wish to speak? Clarence Woods (Assistant Director, Community Redevelopment Agency): Yes. Good after -- Ms. Thompson: No. I'm sorry. Chair Sarnoff Not yet. Ms. Thompson: On your motion to reconsider -- Chair Sarnoff Right. Ms. Thompson: -- you just need your mover, your seconder, and then you take your vote. And then you can go back into the public hearing. Vice Chair Carollo: Gotcha. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposed have the same right, say "no." Okay, motion passes. Chair Sarnoff All right. Vice Chair Carollo: Go ahead, sir. Name and address for the record. Mr. Woods: Good afternoon, Commissioners, Commission Chair. My name's Clarence Woods. I'm the assistant director of the City ofMiami Community Redevelopment Agencies, and we are here before you asking that you rescind the recension of item PH.1 to allow for a 30-day extension, which is provided in Section 55-8e of the City Code. This 30-day extension would allow for us to go to Miami -Dade County and to record the final plat and have this issue totally resolved. Chair Sarnoff Mr. -- Clarence, let me ask you a question. First off since this is going to be a rigorous board, why were you not here at 9 o'clock? Mr. Woods: Commissioner, I'll make no excuses. City ofMiami Page 25 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Okay, fair enough. And number two, why didn't you record on time? Mr. Woods: There were several issues with respect to recording this plat. We had to have an opinion of title, which took a considerable amount of time. There were several liens on the property that took a considerable amount of time in rectifying those different liens, so it was a process of clearing up all of the liens and getting an opinion of title that was acceptable to the Public Works office. Chair Sarnoff What length of extension are you requesting? Mr. Woods: Thirty days. Chair Sarnoff And will you get this done in 30 days? Mr. Woods: Probably even less. Chair Sarnoff Probably less? Mr. Woods: We're already done pretty much. We just need to get -- Chair Sarnoff The person behind you is nodding vigorously yes, so you know. Mr. Woods: Yes. Chair Sarnoff All right. I will -- can we have a motion? Commissioner Suarez: I will move for the 30-day extension. Chair Sarnoff Okay. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any fur -- I don't -- Commissioner Suarez: I'd just like to say -- Chair Sarnoff -- know that this needs a public hearing, but we'll do it. Public hearing is now opened. Anybody wishing to be heard on PH 1, please come up. Hearing none, seeing none, the public hearing is closed. Any further discussion, gentlemen? Commissioner Suarez: I just have one thing to say. I happen to be a real estate attorney, so I understand that clearing up a lien on a property, even when you're being extremely diligent, can take a long -- Mr. Woods: Yes. Commissioner Suarez: -- time, so -- Mr. Woods: Yes. Commissioner Suarez: -- I just wanted to throw my two cents in there as a real estate attorney and having to -- having dealt with these matters. They can take an endless amount of time sometimes, so -- Chair Sarnoff We're just going to call you "softy" from now on. All right. City ofMiami Page 26 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Woods: Thank you. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Woods: Thanks. Ms. Thompson: Understanding that the vote was taken on a modified resolution. You modified that resolution. Thank you. PH.2 09-01247 RESOLUTION Department of Public Works A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "MARKO ESTATES", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 09-01247 Legislation.pdf 09-01247 Exhibit 1.pdf 09-01247 Exhibit 2.pdf 09-01247 Exhibit 3.pdf 09-01247 Exhibit 4.pdf 09-01247 Exhibit 5.pdf 09-01247 Summary Form.pdf 09-01247 Memo 1.pdf 09-01247 Notice of Public Hearing 1.pdf 09-01247 Memo 2.pdf 09-01247 Notice of Public Hearing 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0531 Chair Sarnoff Okay. PH.2. Bill Anido (Assistant City Manager): PH.2 is a resolution accepting the proposed plat ofMarko Estates, located at the corner of 7th Avenue and 26th Road. Chair Sarnoff For the record, Bill, is there anything more you could tell us about this just so that we make a little more of a record -- Mr. Anido: It's -- City ofMiami Page 27 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff -- for the public? Mr. Anido: It's one property with two houses sitting on them, and they want to subdivide the property into two individual lots, one for each house. They're planning on demolishing the -- one of the houses and rebuilding it. The houses were built in 1941 and 1947, respectively. Chair Sarnoff Okay. Is there a motion? Vice Chair Carollo: Mr. Chairman, I have a question. Chair Sarnoff All right. Let's -- I can ask you guys how you wish to proceed practice -wise. We can discuss things without motions or do things with motions. Vice Chair Carollo: What would you prefer? Chair Sarnoff It is a little more wieldy to do things by motion and -- Commissioner Suarez: I'll so move. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Go ahead now with the discussion. Vice Chair Carollo: Mr. Anido, I notice that there are two houses and two separate owners? Is that possible? Mr. Anido: That -- I don't have information as to the house ownership. There's only one owner, I'm being told. There's only one owner. Vice Chair Carollo: There's only one owner? Mr. Anido: Yes. Mr. Marko. Vice Chair Carollo: Right. I think Mr. David Marko andAdrianne [sic]Marko. Mr. Anido: Right. Vice Chair Carollo: Okay. I just want to verify there's only one owner and that it was a replat. Mr. Anido: Yeah, it is. Yeah. Chair Sarnoff All right. Vice Chair Carollo: Okay. Chair Sarnoff Have you been satisfied? Any other questions? All right. We have a motion and a second. All in favor -- Priscilla A. Thompson (City Clerk): But before you do that, don't forget your public hearing. Chair Sarnoff Sorry. Thank you. All right. We have a motion and a second. Now it's open to the public. Anybody wishing to be heard, please step up to the podium now. Seeing none and hearing none, the public hearing is closed. We have a motion and a second. All in favor, please City ofMiami Page 28 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 say "aye." The Commission (Collectively): Aye. PH.3 09-01043 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT FROM THE MIAMI WOMAN'S CLUB ("CLUB"), IN PERPETUITY, AN APPROXIMATELY TWENTY-THREE (23) FOOT WIDE BAYWALK EASEMENT, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, OF THE PROPERTY LOCATED AT 1737 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA, FOR THE CONSTRUCTION OF THE BAYWALK TO BE USED AS A PERMANENT PUBLIC ACCESS TO THE WATERFRONT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL DOCUMENTS WHICH ARE NECESSARY TO EFFECTUATE SAID CONVEYANCE. 09-01043-Legislation- SUB.pdf 09-01043 Legislation 11-19-09.pdf 09-01043 Exhibit 1 11-19-09.pdf 09-01043 Summary Form.pdf 09-01043 Memo 11-19-09.pdf 09-01043 Notice 11-19-09.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0532 Chair Sarnoff All right. PH.3, am I correct? That's where we are? Priscilla A. Thompson (City Clerk): I'm sorry, Chair. You've lost quorum. Chair Sarnoff This is going to be a little unwieldy for us. And you know what? It's going to make us even better Commissioners. Any time any of us leave this dais, we will lose quorum. It's a little different when you have five and you could discreetly do what you need to do. If anybody needs a break for any reason, let me know and we'll take those breaks. Okay. PH.3. Madeline Valdes (Acting Director): Good morning. Madeline Valdes, Department of Public Facilities. PH.3 is a resolution authorizing the City Manager to accept from the Miami's [sic] Women [sic] Club an easement of 23 feet wide for the bay walk. This easement is being provided to the City in exchange for a loan that was provided or a grant that was provided to the Women's Club by the CRA (Community Redevelopment Agency), in the amount of 3, 750, 000. This easement will allow the City to, in the future, provide certain improvements that would bring a bay walk or a continuation of the bay walk. This resolution does not authorize the City to undertake the construction as this item regarding the costs for the bay walk have not been approved by the CRA Board yet. Are there any questions? There is a change to this item -- Chair Sarnoff Right. Ms. Valdes: -- which I have provided at agenda review, which is in the ninth whereas clause. City ofMiami Page 29 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 We have changed the words to say "whereas the Omni CRA may fund," not will fund, and that's because it hasn't been heard by the CRA Board. Chair Sarnoff Okay. So this is as amended? Ms. Valdes: As amended, yes. Chair Sarnoff All right. Madam City attorney, have you had a chance to look at the declaration of restrictive covenants? Julie O. Bru (City Attorney): I have provided it to our counsel in-house for her to contact the CRA executive director and find out the specifics about how that covenant came about to have been executed. However, I can tell you that Counsel Gail Dotson told me that as a condition of the grant itself there really were not any requirements for that covenant. So that came about as, you know, external to the grant itself. But we are looking at it, and I'm also frying to find out the circumstances under which such covenant was recorded without my review. Chair Sarnoff Okay. Would the covenant, as you've reviewed it, protect the City, or even the CRA, if you will, from any kind of mortgages? Ms. Bru: The covenant doesn't specifically mention the word mortgage or high publication. It just imposes on the grantor a requirement that the property be used for the purposes described in the covenant and, you know, basically, it's just in perpetuity a promise by covenant to continue the use and not convey it to a third party. Actually, that -- really, specifically what it is is a restrain on alienating that property. Chair Sarnoff And if they were to alienate the property, they would pay back the CRA, or it just couldn't be done without some further negotiation? Ms. Bru: You know, that is what we're reviewing, because the penalty under that covenant needs to really relate back to the grant and the funding under the grant, and I'm not too sure that that adequately addresses that. Chair Sarnoff Are you comfortable with us proceeding forward in the stage that we're in? Ms. Bru: This easement, you can vote on this because this has really -- it's not related to the covenant issue, and we need this if we're going to go forward with the bay walk. Yes. Chair Sarnoff Let me open up the public hearing. Is there anybody from the public wishing to be heard on PH3, authorizing the City Manager to accept from the Miami Women's Club an easement of 23 feet? All right, hearing none and seeing none, the public hearing is closed. Can I have a motion? Commissioner Suarez: I move. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Just to note for the record that you have approved the resolution as modified. Chair Sarnoff Correct. Thank you. City ofMiami Page 30 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.4 09-01208 Department of Public Facilities RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT OF EASEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, A FLORIDA CORPORATION, OF AN APPROXIMATELY 29' X 12' FOOT WIDE STRIP OF CITY OF MIAMI OWNED PROPERTY LOCATED AT 400 NORTHWEST 2ND AVENUE, MIAMI, FLORIDA, (ALSO KNOWN AS COLLEGE OF POLICING), AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR A PERPETUAL NON-EXCLUSIVE EASEMENT ON THE PROPERTY, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF WATER AND FIRE LINE FACILITIES, WITH THE RIGHT TO RECONSTRUCT, IMPROVE, CHANGE AND REMOVE ALL OR ANY OF THE FACILITIES WITHIN THE EASEMENT, WITH FULL RIGHT OF INGRESS THERETO AND EGRESS THEREFROM. 09-01208 Legislation.pdf 09-01208 Exhibit 1.pdf 09-01208 Exhibit 2.pdf 09-01208 Summary Form.pdf 09-01208 Memo.pdf 09-01208 Notice of Public Hearing.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0533 Chair Sarnoff All right, PH.4. Madeline Valdes (Acting Director): Madeline Valdes, Department of Public Facilities. PH.4 is a resolution authorizing the City Manager to grant an easement to Miami -Dade Water and Sewer Facilities for the new College of Police, located at 400 Northwest 2nd Avenue. This easement that we're providing is for the waterline and fire line for the facility. It's 29 by 12 feet wide. Are there any questions? Chair Sarnoff All right. I'm going to open up the public hearing. Anybody wishing to be heard on PH.4? There you go. Please state your name for the record. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street. Priscilla A. Thompson (City Clerk): Excuse me, Chair, ifI might. Do you want to set the time limit for the public hearings? Mr. Cruz: Sure. Chair Sarnoff I do. Mr. Cruz: Don't worry about -- two minutes. I got more than enough. Chair Sarnoff You could do in two minutes what some can do in four. City ofMiami Page 31 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Cruz: Yes. I am going to do it because anyway, I got plenty of public hearings (UNINTELLIGIBLE), plenty of public hearings, two here and two there and two there. I play by the rules. Okay. But I am the president/chairman ofABDA, Allapattah Business Development Authority, and vice president ofAllapattah Homeowners Association. Our president, Mr. -- Ms. Albena Sumner, couldn't be here because she's in the home. She's sick. But every time I see WASD, Water and Sewer Department, I always worry about them, those people there in Salzedo, in LeJuene Road. I used to deliver their mail there, in Coral Gables there. But you know what they do? They charge us for everything. Whenever -- now when we need to look for new funding sources, what about getting some money from WASD? You know what they do in our businesses there? They want $70, 000 to put a little line of water there, because their infrastructure is wrong. I's all kaput. And they want the people to pay from the meter out, the payments, whatever. And they charge whatever they want. Seventy thousand dollars and businesses that are in the Empowerment Zone. Seventy thousand dollars costs two jobs 'cause we're supposed to produce a job for every $35, 000. No, but they want $70, 000. And the City ofMiami, the Water and Sewer have two facilities in Allapattah, the one 1111 and the one in loth Avenue and 36th -- 37th Street. What they pay us? Nothing, zilch. That's what they pay. But look for those funding sources because they charge for -- we pay for (UNINTELLIGIBLE). They will come -- they do -- anything they do -- like they fix something 19 Terrace, they leave that block 19 Terrace between 17, 18 Avenue, full of holes. They don't worry about that. They don't worry about Allapattah. Allapattah (UNINTELLIGIBLE) illegal there (UNINTELLIGIBLE). No. Chair Sarnoff And Mariano, in conclusion, since we're speaking about 400 Northwest 2nd Avenue. What would you like us to do? Mr. Cruz: Yeah, that's correct. I was a part of that -- Chair Sarnoff I know. And I'm asking -- Mr. Cruz: -- facility there. Chair Sarnoff -- what would you like us to do. Mr. Cruz: Yeah, that's all right. You don't -- I like that. Chair Sarnoff I'm asking you -- I'll ask you one -- Mr. Cruz: Anyway, I got family in the Police Department too. Chair Sarnoff You were at the opening ceremony. What are you recommending this Commission do? Mr. Cruz: I recommend that that be award to them, but look at the price they're going to charge to put those fancy pipes there, whatever they wanted. Chair Sarnoff So -- Mr. Cruz: We shouldn't be paying for their infrastructure. Chair Sarnoff Okay. Mr. Cruz: They charge enough money already -- Chair Sarnoff Okay. Mr. Cruz: -- in rates and everything. City ofMiami Page 32 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff So you're recommending that we deny this? Mr. Cruz: No -- Chair Sarnoff No? Mr. Cruz: -- to give it to them. Chair Sarnoff Okay. Mr. Cruz: Let them pay too, us. Chair Sarnoff Thank you. All right. Anybody else from the public wishing to be heard? All right. I'm going to close the public hearing. We have a motion -- Did we have a motion? Ms. Thompson: No. Commissioner Suarez: I'll make the motion -- Chair Sarnoff All right. Commissioner Suarez: -- to approve the item. Chair Sarnoff And is there a second? Vice Chair Carollo: I'll second. Chair Sarnoff All right. We have a motion and a second. Any further discussion? All right, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Valdes: Thank you. Chair Sarnoff Okay, PH 4 is passed. PH 5 and 6 are deferred. I think that's going to take us to -- we have to come out of the public hearings and we will proceed -- 'cause it's -- Pedro G. Hernandez (City Manager): It would -- Chair Sarnoff -- before 10:30 -- Mr. Hernandez: Yeah. Chair Sarnoff -- to -- I guess we could start with the SRs, second reading. Ms. Thompson: SR.1 has been tabled -- Chair Sarnoff It's been deferred -- Ms. Thompson: -- to the end -- Chair Sarnoff -- right? Ms. Thompson: -- of the meeting. City ofMiami Page 33 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Okay. PH.5 09-01210 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THAT COMPETITIVE BIDDING PROCEDURES ARE NOT PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY"); WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, FOR THE PROCUREMENT OF MANAGEMENT SERVICES FOR A PORTION OF THE MIAMI CONVENTION CENTER; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE MANAGEMENT AGREEMENT BETWEEN THE CITY AND GLOBAL SPECTRUM LIMITED PARTNERSHIP ("GLOBAL") TO EXPAND GLOBAL'S MANAGEMENT AND OPERATION DUTIES TO INCLUDE APPROXIMATELY 35,000 ADDITIONAL SQUARE FEET OF MEETING AND CONFERENCE SPACE AT THE MIAMI CONVENTION CENTER; FURTHER APPROPRIATING A TOTAL OF $277,559 FOR THE OPERATIONS AND MAINTENANCE OF THE ADDITIONAL AREA, EFFECTIVE JANUARY 1, 2010. 09-01210 Legislation.pdf 09-01210 Exhibit.pdf 09-01210 Summary Form.pdf 09-01210 Memo 1.pdf 09-01210 Memo 2.pdf 09-01210 Notice of Public Hearing.pdf 09-01210 Maps.pdf 09-01210 Memo 3.pdf 09-01210 Agreement to Terminate.pdf 09-01210 Text File Report.pdf 09-01210 Certificate of Extract Minutes.pdf 09-01210 Resolution.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item PH.5. PH.6 09-00985 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S RECOMMENDATION AND WRITTEN FINDINGS, PURSUANT TO SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE City ofMiami Page 34 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 CITY OF MIAMI FOR THE DISPOSAL OF WASTE COLLECTION SERVICES AND PROCURING SAID SERVICES AT SUN RECYCLING FOR THE DEPARTMENTS OF SOLID WASTE AND PUBLIC WORKS, RESPECTIVELY; ALLOCATING FROM THE VARIOUS SOURCES OF FUNDS OF THE RESPECTIVE DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED. 09-00985 Legislation.pdf 09-00985 Summary Form.pdf 09-00985 Memo 1.pdf 09-00985 Memo 2.pdf 09-00985 Notice to the Public.pdf SPONSORS:DEPARTMENT OF SOLID WASTE DEPARTMENT OF PUBLIC WORKS Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item PH.6. 10:30 A.M. PH.7 09-01211 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ALLOCATING COMMUNITY DEVELOPMENT BLOCK Development GRANT -RECOVERY ("CDBG-R") FUNDS IN THE AMOUNT OF $399,410 TO RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE REHABILITATION OF COMMERCIAL FACADES IN PRIMARILY RESIDENTIAL, LOW TO MODERATE INCOME AREAS OF DISTRICT 5 OF THE CITY OF MIAMI; AUTHORIZING THE CITY MANAGER TO EXECUTE A SPECIAL GRANT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS FOR SUCH PURPOSE. 09-01211 Legislation.pdf 09-01211 Exhibit 1.pdf 09-01211 Exhibit 2.pdf 09-01211 Exhibit 3.pdf 09-01211 Exhibit 4.pdf 09-01211 Exhibit 5.pdf 09-01211 Exhibit 6.pdf 09-01211 Exhibit 7.pdf 09-01211 Exhibit 8.pdf 09-01211 Exhibit 9.pdf 09-01211 Exhibit 10.pdf 09-01211 Exhibit 11.pdf 09-01211 Exhibit 12.pdf 09-01211 Summary Form.pdf 09-01211 Publlic Notice.pdf 09-01211 Substantial Amendment.pdf City ofMiami Page 35 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0538 Chair Sarnoff All right. Now we're going to go back and we can get to the PHs (Public Hearings). So now, if everybody would turn to page 17 in their book, we can start at the 10:30 agenda, properly noticed PHs, public hearings. And we will start with PH.7, and I believe we have our interpreter here. George Mensah: Mr. Chair, George Mensah, director of Community Development. PH.7 is an item allocating approximately $399, 000 to Rafael Hernandez Housing Economic Development Corporation for commercial rehabilitation in primary residential areas, from low to moderate income areas of District 5. This project will be done primarily in Northeast 2nd Avenue and Northwest 15th Avenue. Chair Sarnoff All right. We have -- PH.7 is a public hearing. All those wishing to be heard on PH.7, please step up to the podium. Hearing none, seeing none, the public hearing -- am I right? Hearing none -- oops, sorry. Go ahead, sir. Just state your name for the record. Terry Elliott: Terry Elliot, 6849 Northwest 15th Avenue. I'm one of the chairmen for the business merchants in the area. And we were wondering, at this time, there were projects being put in place for 15th Avenue for the streeting [sic], the lighting and enhancement on 15th Avenue. And we were -- we have a few merchants here in the second row wanted to know the status of where we go from this point, financially, if the budget is still at hand for 15th Avenue. Chair Sarnoff That doesn't have to do with this, does it? Is it this particular project? Mr. Mensah: No. This is just for the commercial -- the facade of the businesses that was selected -- Mr. Elliott: Facade. Mr. Mensah: -- on the -- Mr. Elliott: Right, for the facade, which is 15th Avenue. Mr. Mensah: Yes, but this has nothing to do with lighting and other areas. Chair Sarnoff Is this a conversation that you'd be comfortable having with Mr. Mensah on the side? Mr. Elliott: Yes. I would like to have a conversation -- Pedro G. Hernandez (City Manager): Yeah. Mr. Elliott: -- with him. Chair Sarnoff Okay. Mr. Hernandez: Mr. Chairman, I think it's Mr. Aluko that can probably help him -- Chair Sarnoff Oh, I'm sorry. I thought -- City ofMiami Page 36 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.8 09-01213 Department of Community Development Mr. Hernandez: -- on that concern, but it doesn't have to be -- Ola Aluko (Director): Thank you. Ola Aluko, City ofMiami, Capital Improvements Department. I believe what the gentleman is referring to, roughly three months ago, CIP (Capital Improvements Program) went into the area and we resurfaced the boulevard, 15th Avenue rather, from 63rd to 71 st. Mr. Elliott: Seventy-first, yes. Mr. Aluko: The residents also, through their disfrict office, had requested the overhead lines to be buried underground and also to improve the streetlights in order to have better illumination on that boulevard. What we had mentioned to the residents was it was not part of the CIP capital plan and the disfrict Commission office did agree that it wasn't. However, the district office acknowledged that the City, the Administration should look into the improvement of that area. We are in the process of doing some preliminary studies to see what the costs would be. Once the cost is identified, we will then forward it over to the district office, and then I guess those funds will have to be sought. So in reference to his question, what is the status of it, basically, what we have done is we have milled and resurfaced the roadway. We've replaced the sidewalks. However, we have not done the overhead line -- we have not completed the overhead lining study and the streetlight study. Once that's completed, we will forward that information over to the district office. Chair Sarnoff Does that satisfy you? Mr. Elliott: Yes, sir. Chair Sarnoff Okay. All right, so anyone else wishing to be heard on PH.7? All right, hearing none, I'm going to close the public hearing, bringing it back to the Commission. Is there a motion on PH 7? Commissioner Suarez: I'll move the item. Chair Sarnoff All right. There's a motion. Is there a second? Vice Chair Carollo: I second. Chair Sarnoff All right, motion and a second. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Passed. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ACTIVITIES FUNDS, IN THE AMOUNT OF $500,000, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE SINGLE FAMILY REHABILITATION PROGRAM, FOR THE REHABILITATION OF SINGLE FAMILY HOMES FOR LOW TO MODERATE INCOME HOMEOWNERS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 37 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 09-01213 Legislation.pdf 09-01213 Exhibit.pdf 09-01213 Summary Form.pdf 09-01213 Public Notice.pdf 09-01213 Program Description.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0539 Chair Sarnoff PH.8. George Mensah (Director, Community Development): Mr. Chair, PH.8 is allocating an amount of $500, 000 in CDBG (Community Development Block Grant) funding -- funds to the single-family rehabilitation program for the rehabilitation of single-family homes to low- and moderate- income homeowners. Chair Sarnoff All right. Is there anyone wishing to be heard on PH.8? Mariano Cruz: Yes. Chair Sarnoff Mr. Cruz, state your name for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. And this -- I go here as a matter of record to have that because there is so many programs around and people in the neighborhood don't know anything about programs. Like, when they get the advertising for the 12 million for the neighborhoods. You know, remember they were going to fix it? You know when they advertise? In the Sunday Herald, page 35A. Who read the Sunday Herald on 35A? Nobody. Mariano Cruz read it because he read the whole paper, Classifieds and everything. But use some of that money (UNINTELLIGIBLE) everything outreach. Get some of those people in the MRC (Miami Riverside Center) outside in the street knocking on doors telling homeowners look at the property loan. There is money to fix the property. No. We are there -- look at the bureaucrats you got there, plenty of bureaucrats in Community Development. Well, Commissioner Gonzalez said that there once, the amount of bureaucrats you got there. Have those people outreach and telling people the different programs that the City got for them. And that's their money. It's not the City money or anything. It's the federal money that we send to Washington, okay. Make sure you get that outreach to the people. Chair Sarnoff Just for the record, I believe this is a $500, 000, not 12 million. Mr. Mensah: No. It's $500, 000, yes. Chair Sarnoff Right. I just wanted to clarify. I thought I heard Mr. Cruz say 12 million. All right, so we have PH.8. Anybody else from the public wishing to be heard on PH.8? Public hearing is opened. Public hearing is closed, comes back to the Commission. Do we have a motion? Commissioner Suarez: I move the item. Chair Sarnoff All right. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion on the item? All in favor, please say "aye." City ofMiami Page 38 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.9 09-01214 Department of Community Development The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $150,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; ALLOCATING SAID FUNDS TO THE BOYS AND GIRLS CLUBS OF MIAMI-DADE, INC., FOR PUBLIC FACILITIES AND IMPROVEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), WITH SAID AGENCY, FOR SAID PURPOSE. 09-01214 Legislation.pdf 09-01214 Exhibit 1.pdf 09-01214 Exhibit 2.pdf 09-01214 Exhibit 3.pdf 09-01214 Exhibit 4.pdf 09-01214 Exhibit 5.pdf 09-01214 Exhibit 6.pdf 09-01214 Exhibit 7.pdf 09-01214 Summary Form.pdf 09-01214 Public Notice.pdf 09-01214 Program Narrative.pdf 09-01214 Corporation.pdf 09-01214 Map 1.pdf 09-01214 Map 2.pdf 09-01214 Owner Information.pdf 09-01214 Map.pdf 09-01214 FFIEC Census Reports.pdf 09-01214 Webpage 1.pdf 09-01214 Webpage 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0540 Chair Sarnoff PH.9. George Mensah (Director, Community Development): Mr. Chair, PH.9 is authorizing the transfer of Community Development grant funds in the amount of $150,000 from the District 2 economic development reserve account to Boys and Girls Club ofMiami-Dade, Incorporated for public facilities and improvement activities. Chair Sarnoff All right. The public hearing is now open on PH.9. Anybody from the public wishing to be heard on PH.9? Hearing none and seeing none, the public hearing is closed; comes back to the Commission. Do I have a motion? Commissioner Suarez: I move, and I'd like to have discussion on this. City ofMiami Page 39 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.10 09-01215 Department of Community Development Chair Sarnoff Alright. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead for discussion. Commissioner Suarez: I just want to say that think the Boys and Girls Club is an excellent institution. That particular center has been providing services to kids ever since I was, you know, 10 years old, that could remember. I used to play tennis there, then I played high school basketball there. It's just an excellent, excellent organization and facility that really cares, and some incredible people have come from -- except for myself some incredible people have come from that place and it's just a wonderful, wonderful institution that does the right thing and has done it for a long, long, long time, and those are the kinds of organizations that we need to identify when we grant community development grant money. That's all wanted to say on the record. Chair Sarnoff Thank you. Commissioner Carollo. Vice Chair Carollo: I'm ready to vote on the item. Chair Sarnoff I think Commissioner Suarez took the words out of both of our mouths. I mean, the Boys and Girls Club probably has played a role in more lives in Miami than any of us will ever know, and anything I think that this Commission can do to start taking a more active role with the Boys and Girls Club -- because if you just think of some of the people that came out of that Boys and Girls Club, Alex Rodriguez, that's the most famous one, but think about the people we don't hear day in and day out. And I don't know about any of you, butl was a swimmer in college, and I think competitive sports are probably one of the best lessons anyone can learn how to compete in life. And I think as kids play on computers more and more and maybe get away from sports a little bit, it might be refreshing to see them go back, play a game of basketball, go for a swim, whatever it is they need to do to compete because it is a competitive world out there, and inevitably, life is like a block. You all have to take a dive in and swim as hard as you can for as long as you can. And that's what gets me up in the morning a lot of days. So we have a motion, we have a second. We all love the Boys and Girls Club. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. PH.9 is passed. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT GRANT ("CDBG") CLOSE-OUT FUNDS, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, IN THE TOTAL AMOUNT OF $1,077,888.43; ALLOCATING SAID FUNDS, IN THE AMOUNT OF $650,000 TO THE CITY OF MIAMI DEPARTMENT OF CODE ENFORCEMENT FOR THE PROVISION OF CODE ENFORCEMENT ACTIVITIES, AND IN THE AMOUNT OF $427,888 TO BE ALLOCATED AS FOLLOWS: THE AMOUNT OF $379,888 TO THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT COMMERCIAL CODE COMPLIANCE PROGRAM FOR CONSTRUCTION HARD COSTS, THE AMOUNT OF $16,000 EACH TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS City ofMiami Page 40 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 INC., AND RAFAEL HERNANDEZ HOUSING AND ECONOMIC DEVELOPMENT CORP., FOR THE IMPLEMENTATION OF THE COMMERCIAL CODE COMPLIANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENT(S), WITH SAID AGENCIES FOR SAID PURPOSES. 09-01215-Legislation-SUB.pdf 09-01215-Exhibit SUB.pdf 09-01215--Memo-City Manager -Corrected Resolution.pdf 09-01215 Summary Form.pdf 09-01215 Public Notice.pdf 09-01215 Corporation 1.pdf 09-01215 Corporation 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0541 Chair Sarnoff PH 10. George Mensah (Director, Community Development): Commissioner, PH 10 seeks to do three things here. One is the close out of accounts of approximately $1 million, and then allocating such funds in the amount of $650, 000 to the City ofMiami Department of Code Enforcement for the provision of Code enforcement activities, and an amount of $427,000 to be allocated for commercial Code compliance program. Out of this 16,000 each goes to Rafael Hernandez, Allapattah Business Development Authority, and CAMACOL (Latin Chamber of Commerce). Chair Sarnoff All right. PH.10, the public hearing is now open. Mariano Cruz, you are recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street, also Chairman ofABDA, Allapattah Business Development. I am glad to see some of the money going back to the neighborhood. And I'll be happy when the Code enforcement totally goes to the neighborhood, to the NET (Neighborhood Enhancement Team) office and to the CBOs (Community Based Organizations) there in the neighborhoods because that's the way it was at the beginning. But the only thing they create that office maybe to do a political favor to somebody else or whatever it is. Because we don't need the center like the way they have it. We need the inspectors and the people at the community level 'cause they know what's happening in the neighborhood. The people at the MRC (Miami Riverside Center) on the 7th floor, they don't know anything. They worry about when they going to have breakfast or they going to have lunch, or when they going to smoke outside there. Come on. Don't tell me that -- I am glad for that money going to the neighborhoods. Chair Sarnoff Thank you. Anybody else from the public wishing to be heard? Public hearing is open. Public hearing is closed, coming back to the Commission. PH 10, do we have a motion? Commissioner Suarez: I move. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion on the item? Hearing no discussion -- City ofMiami Page 41 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.11 09-01216 Department of Community Development Priscilla A. Thompson (City Clerk): Before you take your vote, excuse me, Chair, I think there is a substitute on this item. Mr. Mensah: It's a scrivener's error of-- in describing CAMACOL. We omitted the word "Latina. Chair Sarnoff You'll be taking the Manager out to lunch tomorrow. There are penalties for -- Commissioner Suarez: Twice. Chair Sarnoff -- getting it wrong, folks. He's going to be a well fed man. I'll be monitoring your -- where you're going. All right. PH 10, we have a motion, we have a second. As substituted, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff PH 10 is passed. I was handed a note. If there's anyone here from the Curley [sic] House, it was deferred, just so you know so you don't have to sit here, even though I know this is interesting and it beats the Days of Our Lives. You should stay, but I just want you to know that Curley [sic] House -- PH 12 was deferred. Unidentified Speaker: Thank you. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ADMINISTRATION FUNDS, IN THE AMOUNT OF $80,000; ALLOCATING SAID FUNDS TO ALLAPATTAH BUSINESS DEVELOPMENT AUTHORITY, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO PROVIDE HOUSING AND QUALITY STANDARD INSPECTION SERVICES FOR THE CITY OF MIAMI'S SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION PROGRAMS AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS WITH SAID AGENCY, FOR SAID PURPOSE. 09-01216 Legislation.pdf 09-01216 Exhibit.pdf 09-01216 Summary Form.pdf 09-01216 Public Notice.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0542 Direction by Chair Sarnoff to the Administration to schedule a meeting with Mr. Jumel Calixte to discuss Little Haiti's current and future outlook as it relates to receipt of community development block grant funds. City ofMiami Page 42 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff All right. Now we're on to PH.11. George Mensah (Director, Community Development): Mr. Chair, PH.11 is the allocation of $80, 000 to Allapattah Business Development Authority to provide housing and quality standard inspection services for the City ofMiami Section 8 Housing Choice Voucher and Moderate Rehabilitation Programs and for the HOPWA (Housing Opportunities for Persons with AIDS) program. Chair Sarnoff Okay. All right, PH.11, public hearing. Mariano, it's Allapattah. Mariano Cruz: This is very important because -- Mariano Cruz, 122726 Street, the chairman of Allapattah Business Development Authority. I am in a roll today here. Anyway, two minutes. But two minutes and two minutes, two minutes make (UNINTELLIGIBLE). Remember, it's very important all this Section 8 check inspections and the whole thing because now since the County has privatized the Section 8, people are getting, you know, the runaround, go here, go there, all that. And I know I see advertising, Little Havana have Section 8. There's a new place there with new refrigerators and everything. Well, make sure -- and look at the Section 8 program they got in Hialeah, which people file and the problem with the housing authority there. We don't need that problem here in Miami. We have to make sure that -- Section 8 in Allapattah, they even do more than they do because sometimes they have to go to Homestead to check housing there. Not this. It's not just the City ofMiami. Mr. Mensah: Yes. Mr. Cruz: It's not the City ofMiami. They get vouchers. People that been in (UNINTELLIGIBLE), so they have to go there and check things. They do it because people there -- and I know because I sign the checks there, the payroll; and whatever I sign, I make sure that everything is done properly [sic] way because I want transparency and whatever, and those are our tax dollars. Because maybe I don't pay city tax, but I pay a lot of money in federal taxes, okay. Thank you. Chair Sarnoff Thank you. Anybody else in the public wishing to be heard on PH.11? Yes, sir. State your name for the record. Jumel Calixte: Good morning, Commissioners and staff. And my name is Jumel Calixte, an activist in Little Haiti. I'm very happy to see a lot of new faces in City Hall. And I say congratulations to all the new Commissioners and also congratulations to the Mayor, the mayor that I voted for. Yeah, so big up to the Mayor. Applause. Chair Sarnoff It was a tight election. Without your vote, it might not -- Calixte: Anyway, the reason why I'm here, you know, like I said, change is good. And, well, in Little Haiti, we have housing problem. And sometime, you know, the people, you know -- we would like to see that -- in the Section 8 and the housing program -- that people in Little Haiti have a fair share of the pie. Because, you know, mostly, you know, come from Little Haiti to the City Hall is a long drive. People don't, you know, have a chance to come to the City Hall to be heard. But I am here to represent the people in Little Haiti, so I hope whenever there is a program, you know, so there should be a fair share of the pie. And also, I would like to see some town hall meeting in Little Haiti because I was fighting with the previous administration to have a town hall meeting so people can inform in Little Haiti, but things didn't work out, so I hope this mayor, my mayor and my Commissioners, even though some of you not Little Haiti Commissioner, but anyway, because we all in this together so I hope this time Little Haiti have a City ofMiami Page 43 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 fair share of the pie. And also, before Igo, you know, we have also a problem in Little Haiti. I've been fighting for this -- Chair Sarnoff Okay, here's what we're not going to do. I understand -- I'm going to have you meet with Mr. Mensah and I appreciate you took a long drive. If you want to get a public appearance in front of this Commission, there's two ways of doing it. You could petition your Commissioner or you can petition the Manager, and we will have you heard. But I want to stay on the issue of the allocation of $80, 000 to Allapattah. I certainly let you have your opportunity to say that Little Haiti is not getting its fair share. Right after this, you step away from the mike, I'd ask you to meet with George Mensah who happens to be the head of CDBG (Community Development Block Grant) so he can explain to you what is going on in Little Haiti and what could be going on in Little Haiti. Mr. Calixte: Okay. Chair Sarnoff Is that agreed? Mr. Calixte: Yeah, I agree, but -- Chair Sarnoff Okay. Mr. Calixte: -- if you let me say, you know, a last word. You know, I don't know if you -- Chair Sarnoff I'm going to give you 15 more seconds. Mr. Calixte: Fifteen more seconds. Well, like I said, you know, the street in Little Haiti, we don't have no paving sidewalk in Little Haiti, economic development. So I hope this time, like I said, we have a fair share of the pie. Chair Sarnoff Thank you, sir. Anybody else from the public wishing to be heard on PH 11 ? Seeing none, hearing none, the public hearing is closed. We'll bring it back to the Commission. Do we have a motion? Commissioner Suarez: I will move the passage of that item. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Is there any discussion? Commissioner Suarez: I would like to discuss it just one second. Chair Sarnoff Go right ahead. Commissioner Suarez: And I'll follow your construct in terms of trying to keep my comments brief because it really is a little bit off topic. Chair Sarnoff Have I been --? Commissioner Suarez: No, no, no. You've been great. No. I just -- 'cause it is a little bit off top -- you know, in my case, it's a little bit off topic as well. Vice Chair Carollo: Just for the record, I think you've been doing awesome, Chairman. City ofMiami Page 44 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.12 09-01240 Department of Community Development Commissioner Suarez: I second that motion. Chair Sarnoff I'm just getting this blowback saying like I know you want me to stay brief. I'm not asking any of you to stay brief, on subject maybe, but not brief. Commissioner Suarez: Well, that's why. I'm saying this is a little off subject. Chair Sarnoff Well give you your privilege that you're due. Commissioner Suarez: For my latitude, thank you. 'Cause this is not really about the $80, 000. This is more about affordable housing and the administration of Section 8, just generally. And I know I'm going to have many more opportunities to talk about this, but it's just like we talked about flooding, you know, earlier today. This is one of my big -ticket items. This is one of the big things that the people in my district are concerned about. This is one of the ones that I get the most calls about, Section 8 and the failure of it, in essence, to be administered in a way that gets to citizens that helps citizens. And so that's just my initial comments on Section 8, and I'm going to be talking more about affordable housing and Section 8 because that's one of the -- my primary concerns for District 4 so. Chair Sarnoff Thank you. All right, so we have -- we're on PH.11. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. PH.12 has been deferred. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONVEY, WITH TITLE REVERTER PROVISIONS, THE CITY OF MIAMI OWNED PROPERTY LOCATED AT 1302 NORTHWEST 54TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, TO CURLEY'S HOUSE OF STYLE, INC., FOR THE HOPE FOOD BANK PROGRAM AND OTHER COMMUNITY SUPPORTIVE SERVICES THAT BENEFIT LOW TO MODERATE INCOME INDIVIDUALS AND FAMILIES, WITH CONDITIONS AS STATED HEREIN; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE AND SALE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-01240 Legislation.pdf 09-01240 Exhibit 1.pdf 09-01240 Exhibit 2.pdf 09-01240 Summary Form.pdf 09-01240 Publilc Notice.pdf 09-01240 Certificate of Title Chapter 45.pdf 09-01240 Letter.pdf 09-01240 Corporation.pdf 09-01240 Map.pdf 09-01240 BACKGROUND.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez City ofMiami Page 45 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 PH.13 09-01248 Department of Community Development Note for the Record: Please refer to "Order of the Day" for minutes referencing item PH 12. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A PAYMENT IN THE AMOUNT OF $1,385,556.20 IN AFFORDABLE HOUSING TRUST FUNDS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") IN ACCORDANCE WITH THE CITY OF MIAMI REPAYMENT AGREEMENT FOR FUNDS OWED TO HUD, AS INDICATED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 09-01248 Legislation .pdf 09-01248 Exhibit.pdf 09-01248 Summary Form.pdf 09-01248 Public Notice.pdf 09-01248 Pre -Legislation 1.pdf 09-01248 Pre -Legislation 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0543 Chair Sarnoff PH.13. George Mensah (Director, Community Development): Mr. Chair, PH.13 is authorizing a payment of approximately $1.3 million in Affordable Housing Trust funds to the United States Department of Housing and Urban Development in accordance with the City ofMiami repayment agreement for funds owed to HUD (Department of Housing and Urban Development) as indicated in Exhibit A. Chair Sarnoff All right. This is a big issue. So PH.13 is -- public hearing. Public hearing is now open. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. (UNINTELLIGIBLE) in the agenda (UNINTELLIGIBLE) very little and don't have time to read the backup agenda. What is this payment for? Mr. Mensah: This payment is primarily for the Sugar Hill property that the HOPWA (Housing Opportunities for Persons with AIDS) -- that was used for Sugar Hill -- HOPWA fund that was used for Sugar Hill, and $450, 000 of it is for the Model City Trust funds that the City owes to the federal government. Mr. Cruz: Oh, the funds that were used but they weren't used for the right purpose? Mr. Mensah: Yes, long time ago. Mr. Cruz: Okay. Okay, long time ago, okay, but that's -- Mr. Mensah: Yes. Mr. Cruz: -- we're still paying for that. Okay. We don't want that to happen anymore. We've City ofMiami Page 46 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 got plenty of employees making plenty of money. But you know, at 4 in the afternoon, everybody's leaving the MRC (Miami Riverside Center) building. You got to be careful of the door because they run you down when they leave the building, okay. Eight hours pay, eight hours work. Thank you. Chair Sarnoff Agreed. Anybody else from the general public wishing to be heard on PH 13? Hearing none, seeing none, I'm going to bring it -- close the public hearing, bring it back to the Commission. Do we have a motion? Commissioner Suarez: I move with discussion. Chair Sarnoff All right, motion for discussion. Do we have a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right, discussion. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I'd like for you to explain, if you could, what I was explained in my briefing, in essence -- well, first and foremost, I think in this -- in these budgetary years of tight budgets, there -- we have to be extraordinarily careful. And I think, you know, Commissioner Carollo, who is a certified public accountant, will attest to this. We have to be extremely careful when we're using dedicated funding sources, when we're using restricted funding sources, you know, and how we use those funds, you know, specifically in accordance with whatever the requirements are. And, you know, the temptation is going to be there, I'm sure, in the future to fry to use those funds for things that are not in accordance with their proper uses, and it is incumbent upon the City Attorney's office to put a stop to that and to, you know, inform the Administration and the Commission properly so that that does not happen. I'd also like for you also to explain a little bit about what was explained to me in the briefing in connection with how this money may come back to us -- Mr. Mensah: Yes. Commissioner Suarez: -- please. Mr. Mensah: This -- for the record, as you know, this repayment plan was approved some time in June. When these funds is paid to HUD, it comes back to the City in the form of whatever we put in, we get it back. So if we put in $900,000 in HOPWA funds, we have an additional $900, 000 that we can use for the benefit of the residents. Commissioner Suarez: But let me just clarify. The money that we're using to pay this money is general fund money, and then it will be coming back to us with restrictions on how that money can be spent? Mr. Mensah: No. This is a -- Commissioner Suarez: So I think that's, again, critical -- Mr. Mensah: -- restricted funds -- Commissioner Suarez: -- to clarify. Mr. Mensah: -- this is restricted funds. Commissioner Suarez: I know. That's what I'm saying. City ofMiami Page 47 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Mensah: Yeah, okay. Commissioner Suarez: The money that we're using to pay this money back for the violations of the way that money was utilized in the first place has to come from general fund sources. Although it's coming back to the City, it's going to come back to the City with restrictions. Mr. Mensah: I wanted to -- Larry Spring: Larry Spring, chief financial officer. Commissioner -- Commissioner Suarez: Thank you, Mr. Springs [sic]. Mr. Spring: -- through the Chair, obviously. Chair Sarnoff Oh, I didn't require -- that's okay. Mr. Spring: This repayment plan -- and I think you got the history probably during your briefing. Prior to the City receiving its stimulus NSP (Neighborhood Stabilization Program) dollars, HUD required that we deal with some of the old pending items that had been lingering for some time. We developed and negotiated a payment plan that is a three-year payment plan and requires us to pay it back approximately -- Commissioner Suarez: I'm glad you clarified that. Mr. Spring: -- $4 million over three years. That amount in the original budget that was presented to the City Commission was included to be paid from the general fund. After the budget was appropriated, we worked with CD (Community Development), we had this Affordable Housing Trust dollars, which are restricted for particular use, a similar use to the money that we needed to pay back to HUD, so we developed a strategy that said, well, why don't we use the Affordable Housing Trust dollars, which are restricted for housing, use that money to pay back HUD and then when the money comes back to our line, it can be replenished for the same purpose. So in the case that you have here, what the City and the Administration is proposing is that we don't affect the general fund, but rather we affect this other restricted pot of money and then use that to pay back and then the funds come back for the same or similar purpose. Commissioner Suarez: So just to clarify -- 'cause then I think I misunderstood it. Those funds are not coming from the general fund? Mr. Spring: They are not coming from the general fund. Commissioner Suarez: They're coming from that restricted fund -- Mr. Spring: Correct. Commissioner Suarez: -- and they're going back to that restricted fund? Mr. Spring: Correct. Chair Sarnoff Tell him -- maybe tell him where the Affordable Trust fund dollars come from. Mr. Spring: The Affordable Housing Trust fund dollars are generated from the additional FAR (Floor Area Ratio) bonuses that are paid by developers when they want additional square footage on their projects. City ofMiami Page 48 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: Okay. Mr. Spring: Similar in now the Miami 21 legislation, you have that same type of mechanism and it will continue to go into this fund. Commissioner Suarez: Thank you. Mr. Spring: All right. Chair Sarnoff Commissioner Carollo, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I'm not going to get into the numbers too much because usually it's boring. As you know, CPAs (Certified Public Accountants) are boring. Chair Sarnoff Not you. Vice Chair Carollo: However, I just want to ask one simple question. Who is accountable for this? Who made the error? Mr. Mensah: The error was made -- the first part of it, the Sugar Hill project, the error was made by the Department of Community Development and I would even say the City Attorney's office. But we are responsible for it. There wasn't a Community Development in 1990's, '93, '94 when the property -- when the amount was given to the entity to purchase and rehab the property. There were covenants that should have been recorded or (UNINTELLIGIBLE) recorded on the public record so that this property (UNINTELLIGIBLE) could not be sold without those monies being paid back. That was not done. Our process have changed, that we not only require -- before we provide a dollar to any agency related to any property, there has to be a mortgage recorded and a note on it, and a covenant before even a dollar will go out of the department. So this is our new policy we put in place to ensure that this doesn't happen again. Vice Chair Carollo: I'm glad you stated that because my next question was going to be what has been done in order for this not to happen again. Like I said, I'm not going into the numbers because in the near future, I believe that slowly, little by little, I'll be getting more into the numbers and more into the numbers, and I think there will be times where you may not like me too much, but can tell you this. We're going to bring accountability to this City and stuff like this is not going to happen again or at least it's going to be minimized. With that said, you're going to see that we'll be voting on accepting grants in the near future, in this Commission meeting, and even though when I first read it, I said, hey, money coming into the City, that's great. Shoot. Go ahead, Pete. Do it. Let's do it. I'm voting for it. Let's get -- you guys pick up the grants. I just want to warn as a caveat that we also run the risk of accepting those monies, making an error and not using them properly, and then having to pay it back. So, just as a caveat, I'm not here to beat you up. You know, we spoke about it and so forth. I just want accountability for the City. Mr. Mensah: I agree with you, Commissioner. I think -- when I came to this position, one of the first things I did is make sure that, you know, any project that we handle, that we're very accountable to the funds that is used to make sure that it meets regulatory requirements. If it doesn't meet regulatory requirements, they're not going to get done. So I give you that assurance. Vice Chair Carollo: And you understand that starting today or starting, I will say, yesterday and so forth, there will be accountability? In other words, when there's an error, I'm going to ask what's the error and I'm going to dig into the numbers and we're going to get to the bottom of it and see who made the error and so forth. City ofMiami Page 49 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Mensah: No problem -- Commissioner Suarez: Okay. Mr. Mensah: -- Commissioner. Chair Sarnoff I think the City -- the new City Commission should be aware of the fact that we did ask the City Attorney to investigate the Sugar Hill transaction, which I think accounts for the better part of $3 million of the $4 million mistake, and she has concluded that there is no criminal activity, I think, and that it was probably extremely sloppy work on the part of a number of people, and there's probably nothing we can do to go forward with this. Yet, you can see what sloppy work can cost the citizens ofMiami. The other two areas were the downtown, I think it was a DDA (Downtown Development Authority) program -- Mr. Mensah: Facade program. Chair Sarnoff -- a facade program that think accounts for 404,000 of that. Mr. Mensah: That's correct. Chair Sarnoff And then the other one was the Model City Trust -- Mr. Mensah: City Trust. Chair Sarnoff -- $450, 000. Mr. Mensah: No. It's -- the total amount is about $2.6 million for the -- Chair Sarnoff Two point six million. Mr. Mensah: -- Model City Trust. Chair Sarnoff I'm not that familiar with how the Model City Trust made the mistake. Can you tell me how they made that mistake? Mr. Mensah: It was made in two areas. One was that -- in an attempt to revitalize the Liberty City area, the Liberty -- the Model City Trust and the City purchased properties, land and apartment buildings and so forth. And the idea was that they were going to rebuild the entire area. Well, there is restriction on how long you can purchase land using HOME (Home Investment Partnership Program) funds. You have one year to start. And so most of our requirement is that if we give money, HOME funds, and it's for construction, purchase of land, if you -- and that's why we have the (UNINTELLIGIBLE) parameter. If you don't start within one year, that money's taken away. Unfortunately, when the City purchased those properties, after one year the project hasn't even started yet. So when HUD came to do an audit, they realized, one, that there was what is called a land banking issue. That is holding on to properties for more than a year. And then secondly, some CDBG (Community Development Block Grant) funds were used for activities that was not eligible. And I'll give you an example. This was supposed to be a housing project, but some consultants were paid to look into the possibility of a charter school in the Liberty City area. Obviously, even though it's probably needed in the area, but you can't use those type of funds for that particular activity, and so that is what caused the $2.6 million. Chair Sarnoff When was that incurred? What was the date of that mistake? Mr. Mensah: 2000 -- between 2001 and 2003, I believe. City ofMiami Page 50 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff All right. And so let me be Commissioner Carollo for a moment. What have you done to correct that mistake? Mr. Mensah: Well, the first thing we've done is that now we don't even purchase land using any CDBG or HOME funds, so the land banking issue will not happen. Two, when we have any use of administrative dollars for anything, we make sure that we have four signatures to it. The first person who signs it is the contract analyst, the person who is on the street. He has -- he or she has to indicate that the use of those funds is first, eligible, and two, is allowable, so he does that. Then the assistant director also indicate the same thing before it goes -- we also have an environmental specialist who will review the same payment and make sure that all of environmental issues, Davis Bacon issues are all corrected before it goes to the person who -- the finance person, who also signs off on it. So, with four and five individuals reviewing the same payment, you are bound to have -- you limit the possibility of an error. And that is what we've instituted. It's been reviewed by HUD. It's been reviewed by our external auditors, and they think that those are good control mechanisms that we put in place. Chair Sarnoff And the facade program, which was the smallest part of this, is no longer a program in place at the DDA, correct? Mr. Mensah: That's correct. Chair Sarnoff All right. I'm getting a no there. Mr. Spring: Mr. Chair. Chair Sarnoff Yes, sir. Mr. Spring: Larry Spring, chief financial officer, again. I wanted to put on the record and to your point, Commissioner Carollo, when these items were identified, obviously, we went through, analyzed the controls that were in place. The City staff also, again, mitigated some of these issues. For instance, the facade program downtown was in excess of a million dollars, so it was -- we went through with HUD and clarified some of the issues at hand and were able to mitigate it down to 400, 000. We also made a commitment to this Commission that we would go back to HUD with the number that we do have now and see if further mitigation could be made, but that is something that we need to actually go to Washington to deal with. At this point, in speaking to some of the officials just via phone right now, we know -- you know, the indications that we're getting back is that we have negotiated a very good payment plan and maybe, you know, you want to leave it alone at this point, so -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Yes, sir. Vice Chair Carollo: I understanding [sic] that we're mitigating. My point is, there shouldn't have been an error in the first place. Mr. Spring: No. I agree. I'm just giving -- Vice Chair Carollo: That's my point. Mr. Spring: -- you the history. I agree with you. But I absolutely agree. Vice Chair Carollo: And with that said, again, I'm not going to dig into the numbers and so forth. But you said something very interesting, Chairman Sarnoff. You mentioned that several City ofMiami Page 51 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 people made errors. Have they been given a --? First of all, are they still City employees? Mr. Spring: No. Vice Chair Carollo: They're not? Mr. Spring: No. Vice Chair Carollo: Okay. That's -- yeah, that's comforting. I thought there was going to be a different answer, so I'm glad to hear that. At the second time -- Chair Sarnoff I'm not sure that's a completely accurate answer 'cause I think some of them still -- are still on City boards. Vice Chair Carollo: Now, if some of them are still City employees, did they receive additional training? Did -- how can we remedy this? And it's not for you to answer. I'm just starting to, you know, go into what mean in the future -- for the future, like I said, so this does not continue to happen. Pedro G. Hernandez (City Manager): Commissioner -- Chair Sarnoff All right. Mr. Hernandez: -- ifI may. Some of the issues -- one of the most egregious one was a result of not having proper language as we have today when we do conveyances, and that's the one that was investigated by the City Attorney. Those resfrictions are now -- we have resfrictions in place now to prevent those things from happening. So that was a language issue. And the other ones, some of the people are not here. The policies and the approach that we take is quite different now, so we're very concerned about having in place the measures to prevent these things from happening. Chair Sarnoff All right. Julie O. Bru (City Attorney): Mr. Chair, I'd like -- Chair Sarnoff Yes, madam. Ms. Bru: -- to also let the Commission know that just this week George and I agreed that I'm going to dedicate an assistant City Attorney to work exclusively on his community development matters. And in fact, thatperson's actually even going to be physically in his office to be more assessable and more on top of these matters, and hopefully, provide better guidance on some of these issues. Chair Sarnoff All right. So we have a motion. We have a second. Is there any further discussion on the matter? All right, all in favor on PH 13, please say "aye." The Commission (Collectively): Aye. 2:00 P.M. PH.14 09-01120a RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING Office RESOLUTION NO. 09-0478, ADOPTED OCTOBER 8, 2009, IN ITS ENTIRETY, AND THEREFORE, PURSUANT TO SECTION 170.07 FLORIDA STATUTES, FIXING THURSDAY, JANUARY 28, 2010 AT 2:00 P.M. AT CITY City ofMiami Page 52 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 HALL, LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA 33133, AS THE TIME AND PLACE AT WHICH THE OWNERS OF THE PROPERTY TO BE ASSESSED PURSUANT TO THE PRELIMINARY ASSESSMENT ROLL ATTACHED TO RESOLUTION NO. 09-0421, ADOPTED SEPTEMBER 10, 2009, AND ON FILE WITH THE CITY OF MIAMI CLERK'S OFFICE, OR ANY OTHER PERSONS INTERESTED THEREIN, MAY APPEAR BEFORE THE MIAMI CITY COMMISSION AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF MAKING THE IMPROVEMENTS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFORE, AND AS TO THE AMOUNT THEREOF TO BE ASSESSED AGAINST EACH PROPERTY SO IMPROVED, AS SET FORTH IN RESOLUTION NO. 09-0421. 09-01120a-Leg islation-SU B. pdf 09-01120a Exhibit 1.pdf 09-01120a Exhibit 2.pdf 09-01120a Summary Form.pdf 09-01120a Notice of Publilc Hearing.pdf 09-01120a Proposed Allocations.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0544 Chair Sarnoff All right. Now we move back to -- I believe it's SR.1. Am I correct, Madam Clerk? Priscilla A. Thompson (City Clerk): We actually -- Chair Sarnoff Oh, no. I'm sorry. RE (Resolution) -- is it RE -- Vice Chair Carollo: 6. Ms. Thompson: PH.14 is -- Chair Sarnoff PH.14. Ms. Thompson: -- your public hearing that was scheduled for 2 p.m. for Rockerman Canal assessment. Chair Sarnoff Okay. PH.14, my understanding, Madam Clerk, is that we are to merely set a new final hearing on the special assessment board -- acting as a special assessment board. Can we set this special hearing for the January agenda, first meeting in January? Ms. Thompson: We need to make sure with the CityAttorney's office. Veronica Xiques (Assistant City Attorney): Chairman, good afternoon. Veronica Xiques, City Attorney's office. The reason we're setting this for January 28 is because the statute requires 30-day notice by mail and also publication, so we need to make sure that they have enough time to do it. Chair Sarnoff Is that adequate? Do you want to --? City ofMiami Page 53 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Xiques: January 28 is adequate time. January 14 is a little bit early. Chair Sarnoff Okay. So is the proper motion just a motion to set? Ms. Xiques: Right. Well, you have a resolution before you that's rescinding the previous resolution that set November 19 as the date and time and is setting now January 28. So all you have to do is pass this resolution. Chair Sarnoff All right, very good. So do we have a motion? Commissioner Suarez: I'll move to pass the resolution. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion on the item? Ms. Thompson: It's my understanding that there is a substitute resolution. Chair Sarnoff As substituted, gentlemen. Ms. Thompson: Thank you. Chair Sarnoff All right. Public hearing in case anybody wishing to be heard. Public hearing is opened. Public hearing is closed, coming back to the Commission. All in favor, please say "aye. Vice Chair Carollo: Discussion, Mr. Chairman. I'm sorry. Chair Sarnoff I'm sorry. Vice Chair Carollo: Second for discussion. I just want to verify and understand what I'm voting on. We're passing the resolution for it to come back? Chair Sarnoff At a time certain. Vice Chair Carollo: At a time certain, which will be January 28? Ms. Xiques: Twenty-eighth -- Vice Chair Carollo: January 28. Ms. Xiques: -- at 2 o'clock. Vice Chair Carollo: Okay. So we're just voting to bring it back. Ms. Xiques: Right. This is part of a requirement of a statutory scheme, so all -- Vice Chair Carollo: Right, for the -- Ms. Xiques: -- you're doing is saying that on the 28th, you're going to come back, you're going to sit as an equalization board and that's when you're actually going to have people from the public either agreeing or disagreeing with the assessment. City ofMiami Page 54 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 SR.1 09-01136 City Manager's Office Vice Chair Carollo: Right. That's when we'll hear the item and so forth. Ms. Xiques: Right. Vice Chair Carollo: Got you. Thank you, Mr. Chairman. Chair Sarnoff Let's do a revote. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE 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. 09-01136 Summary Form FR/SR.pdf 09-01136 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Pedro G. Hernandez (City Manager): Mr. Chairman, if you'll allow me for one minute. On SR.1 that this morning I asked for it to be like tabled to the end of the meeting, I would like to, in essence, defer it to the next meeting, which is the 17th, December 17. Chair Sarnoff Is there a motion to defer to December 17? Commissioner Suarez: I so move. Chair Sarnoff Is there a second on that motion? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead for discussion. Vice Chair Carollo: Purpose of deferral? Mr. Hernandez: There's a change being worked on by the CFO (Chief Financial Officer) at this time on the item and we don't feel that we're going to have it ready for the end of the meeting. Originally, I had asked to table it to the end of the meeting, but since it won't be ready, I'd rather have it on the 17th. Vice Chair Carollo: Mr. Manager, you know I've asked for information with regards to that that I still have not yet received? Mr. Hernandez: On the -- okay. On the issue of the fees? City ofMiami Page 55 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Vice Chair Carollo: Yes. Mr. Hernandez: Larry. Larry Spring: Larry Spring, chief financial officer. The specific issue I have is within the renewals for fire inspections that's in that code. There was a question on if the rate that had been in the code is the correct fee that we're actually charging right now. So we want to make sure we go back -- excuse me. I ran out here. We want to make sure we go back -- Chair Sarnoff How was lunch? Mr. Spring: Huh? Chair Sarnoff Was lunch good? I was asking how was lunch? Mr. Spring: It was light. Vice Chair Carollo: At least you had some. Mr. Spring: We want to go -- make sure we go back and make sure we are indeed having the Commission adopt the correct rate. With regards to the information which was the summary I believe you're referring to -- Vice Chair Carollo: It was -- Mr. Hernandez: I think it was comparison with other municipalities, counties, et cetera -- Mr. Spring: Okay. Mr. Hernandez: -- which we're still working on. Mr. Spring: We'll -- and I will send you the fee study that also supports these fees, which was a detailed fee study that was done by MGT ofAmerica on behalf of the Budget Department. Vice Chair Carollo: And the study comparing it to other municipalities, the County, comparable municipalities, Hialeah, City ofMiami Beach, Gables, the County, maybe some municipalities in Fort Lauderdale, Broward. Mr. Spring: Okay. We'll make sure you get both at the same time. Vice Chair Carollo: Thank you. With that said, yeah, I'm ready to vote. Chair Sarnoff All right. We have a motion to defer for SR.1. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff This is deferred, Madam Clerk, 'til what day? Priscilla A. Thompson (City Clerk): December 17, 2009. Chair Sarnoff Next week, okay. END OF ORDINANCE - SECOND READING City ofMiami Page 56 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 ORDINANCES - FIRST READING FR.1 09-01231 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Community 2, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, Development ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY AMENDING SECTION 2-1302 OF DIVISION 19, ENTITLED "HOUSING AND COMMERCIAL LOAN COMMITTEE," TO AUTHORIZE THE CITY MANAGER TO APPROVE LOANS AND GRANTS, AND SUBORDINATION AGREEMENTS, RESTRUCTURING PLANS AND REPAYMENT PLANS FOR LOANS AND GRANTS, PROVIDED UNDER THE CITY OF MIAMI'S SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAMS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01231 Legislation.pdf 09-01231 Summary Form.pdf 09-01231 Public Notice.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff How about FR.1? Pedro G. Hernandez (City Manager): FR.1. Priscilla A. Thompson (City Clerk): Yes. Chair Sarnoff FR.1, Mr. Manager. Mr. Hernandez: FR.1 is an ordinance of the City ofMiami Commission amending a certain section entitled "Housing and Commercial Loan Committee" to authorize the Manager to approve loans and grants and subordination agreements, restructuring plans and repayment plans for loans and grants provided under the City ofMiami single-family rehabilitation. This, in essence, is a house -cleaning -type item. The Housing and Commercial Loan Committee had been initially created via resolution, and its existence is to go beyond a year, so it was recreated via ordinance. When the ordinance was done, the language that we're proposing here was already included as a part of the resolution and now has -- requires a modification of the ordinance to ensure that the same language goes with it. George, if you feel there's anything to be added -- Chair Sarnoff I think, Mr. Manager, he'll be buying you lunch today. Mr. Hernandez: Thank you. Yes, he will. Chair Sarnoff George, you have anything you want to add? George Mensah: George Mensah, director of Community Development. No, Mr. Chair. Chair Sarnoff Okay. Public hearing, Madam Clerk? All right, so let me open up the public hearing. Anybody wishing to be heard on FR.1? Seeing no one, public hearing is closed; comes back to the Commission. Do we have a motion? City ofMiami Page 57 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: I'd like to move it, and I'd like to discuss it. Chair Sarnoff All right. We have a motion. Do we have a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Go ahead with the discussion. Commissioner Suarez: I just want to clarify on the record, whenever we're granting an authority to anyone, really, but I'd like to have on the record from a monetary perspective what precisely we are granting as a Commission body in favor of whomever we're granting that authority. And I had spoken to you about this. Mr. Mensah: Yes. Commissioner Suarez: And so, I just wanted you to put on the record, more or less, what are the size of these loans in terms of amount, if you can just clarify? Mr. Mensah: Yes. These are loans for our single-family rehabilitation program and our homeownership programs. They are loans that start from probably 2, $3, 000 to about $86, 000, so they are very small loans. Commissioner Suarez: That's all. I just wanted to put that on the record. Thanks. Mr. Mensah: Thank you. Chair Sarnoff All right. Any further discussion? All right, seeing none, let's take the vote. All in -- Ms. Thompson: No, no, no. Your ordinances, we have to have your title read. Chair Sarnoff Oh, you're right. I apologize. Have to be read into the record. Ms. Thompson: Just helping you steer, Captain. Chair Sarnoff That's all right. I went off the road; you brought me back on. Julie O. Bru (City Attorney): Okay, Mr. Chairman. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Now we'll have 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, 3-0. Chair Sarnoff All right. FR.2 09-01233 ORDINANCE Department of Public Facilities First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE IV/SECTION 53-181 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUM AND CONVENTION CENTERS/CONVENTION CENTER OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT SCHEDULE OF FEES," BY ESTABLISHING City ofMiami Page 58 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 RENTAL FEES FOR SPACE RENTAL WITHIN THE MIAMI CONVENTION CENTER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE OF DECEMBER 31, 2009. 09-01233 Legislation.pdf 09-01233 Summary Form.pdf 09-01233 Floor Plans.pdf 09-01233 Memo.pdf 09-01233 Text File Report.pdf 09-01233 Agreement.pdf 09-01233 Certified Extra of Minutes.pdf 09-01233 Execution of Contracts.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff FR.2. Vice Chair Carollo: Chairman Sarnoff? Chair Sarnoff Yes, sir. Vice Chair Carollo: I thought we were going in order. And we left off at PH 6. I think PH 7 was next and we're in the FRs (First Readings). Chair Sarnoff We -- you cannot proceed on the PHs (Public Hearings) until 10:30. There -- Vice Chair Carollo: Got you. Priscilla A. Thompson (City Clerk): Those were advertised as a -- Vice Chair Carollo: 10:30. Ms. Thompson: -- time certain for 10:30. Chair Sarnoff But thanks for keeping me on course. So let's do FR.2. Madeline Valdes (Acting Director, Public Facilities): Good morning. Madeline Valdes, Department of Public Facilities. FR.2 is an ordinance, first reading, of the Miami City Commission amending Chapter 53, Article IV, Section 53-181 of the Code entitled "Stadium and Convention Centers/Convention of the City ofMiami." This ordinance allows the City to establish certain rates for use of the conference areas within the James L. Knight conference facilities. The rates are attached to the legislation. These rates are comparable to other facilities in Dade County, and this will allow us to, in the future, charge these rates upon the need to move forward with agreements for that use. Chair Sarnoff Okay. Let me open up the public hearing. FR.2, does anybody wish to be heard? State your name for the record. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street. I'd like to know in the James L. Knight Center, how much money we owe there in the bonds? I understand that we cannot pay them even if we want to pay them. We are still paying a lot of interest and money in those loans that we get to help the UM (University ofMiami) -- City ofMiami Page 59 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff So your question is what is the outstanding bond --? Mr. Cruz: Yeah, the outstanding there. Chair Sarnoff Okay. Let me get an -- Mr. Cruz: Because we have to decrease our costs. Chair Sarnoff Let me get your answer. Mr. Cruz: Yeah. Chair Sarnoff Mr. Manager, I think you have Larry Spring back there. Could he address what are the outstanding loans? Pedro G. Hernandez (City Manager): I don't know whether -- Larry. Larry Spring: Larry Spring, chief financial officer. Commissioners, we have a bond outstanding on that property. It's approximately $34 million. Mr. Cruz: How much are we paying yearly on that? Chair Sarnoff How much -- excuse me? How much what? Mr. Cruz: How much we paying on that yearly? Mr. Spring: The -- Mr. Cruz: To the interest on it. Chair Sarnoff Let me ask the question. How are we retiring the debt? Mr. Spring: We're -- the debt is funded through our PST revenues, which are in the special revenue fund. The debt payment is approximately $5.8 million a year, and it's -- you know, you divide that -- six more years, we'll be essentially done paying the debt. Chair Sarnoff So the amortization in five years will be done? Mr. Spring: Correct. Chair Sarnoff Okay. Mr. Cruz: Look at how many employees we got there. Chair Sarnoff And how many employees do we have there? Mr. Spring: Well -- the James -- well, five employees. But the James L. Knight is managed by Global Spectrum -- Chair Sarnoff Okay. Mr. Spring: -- on behalf of the City through a management contract. Chair Sarnoff All right. Is there anyone else from the public wishing to be heard on FR.2? All right, hearing none and seeing none, I'm going to close the public hearing. I'll bring it back to City ofMiami Page 60 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 the Commission to see if there's a motion. Commissioner Suarez: I'll move. Chair Sarnoff All right. We have a motion. Do we have a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Discussion, go ahead. Vice Chair Carollo: I just want to make sure -- I want to ask the Administration -- that the fees are the best that we could obtain. I know you said they're comparable, but I just want to verify that these are the best fees that we could obtain. Could we charge more, so forth? Ms. Valdes: Obviously, in the future, we will consider increases, but this is what we established as being the best fees we can charge at this time based on our analysis of other properties, similar type of conference room areas. Vice Chair Carollo: Thank you. Chair Sarnoff All right. So we have a motion and a second. Any further discussion? All right. Hearing none, all in fav -- I'm sorry. It's an ordinance. I caught myself Madam -- Ms. Thompson: Good. Chair Sarnoff -- Clerk. Ms. Thompson: Very good. Chair Sarnoff I'm getting better. Madam City Attorney. Julie O. Bru (City Attorney): Yes. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: You have 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, 3-0. Chair Sarnoff All right. Ms. Valdes: Thank you. FR.3 09-01024 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES - MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND ADDING AUTHORITY FOR THE CITY TO REMEDY ACTS OF GRAFFITI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01024 Legislation.pdf 09-01024 Summary Form.pdf City ofMiami Page 61 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Votes: SPONSOR: CHAIRMAN SARNOFF Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff FR.3. I could be the presenter if you wanted, but let's have Mariano. Mariano Loret de Mola: Okay. Mariano Loret de Mola, Code Enforcement director. Ordinance -- an ordinance ofMiami Commission amending Chapter 37 of the Code of the City ofMiami, Florida, as amended, entitled "Offenses Miscellaneous, " by clarifying existing language and adding authority for the City to remedy acts of graffiti; containing a severability clause and providing for an effective date. Chair Sarnoff All right. Anyone wishing to be heard on FR.3, please step up. Public hearing. Anybody wishing to be heard on FR.3? Public hearing is open. The public hearing is closed. I'd like to pass the gavel. To my fellow Commissioners, this is something that I've been working with the City on for the better part of I'd say, five months. There is some uniqueness to this ordinance, and there is some parallels to this ordinance. This ordinance is significantly the ordinance that exists at the County. The things that we should take due note of is where you think graffiti fits into the social structure in the City ofMiami or any city for that matter. I believe graffiti is the biggest broken -window concept that we face in the City, or any city for that matter. And what I mean by that is if you allow graffiti to spread, if you allow it to remain, it will reduce your property values, it will create more crime. I think the police, if they were here, would agree that graffiti all over the place is just an incentive for vandalism. And I think two things are very important that each Commissioner know about this particular ordinance. One, you can actually hold a parent civilly responsible for the actions of their child. So when a parent goes, "Well, gee, he asked me to buy 20 cans of spray paint, and I wasn't sure what he was going to do with it, " well, they'd better ask what their son or daughter is going to do with that. And, two, it is an opt -out ordinance that authorizes the City ofMiami to immediately cover property that is accessible from the public right-of-way. Again, this ordinance predominates and comes significantly from the County ordinance, and it -- I think it's something that it's high time that the City ofMiami pass. I think one of the biggest issues we're facing is graffiti, and I think it will help the police and it will help us maintain and increase our property values. So let me be the mover of FR.3. Vice Chair Carollo: There's a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: I'd like to second and, Chairman, I'd like to discuss it one moment. Vice Chair Carollo: Please go. Commissioner Suarez: I think this is an excellent ordinance, and I spoke with the City Attorney about -- and I just wanted to put on the record that in conjunction with this ordinance, I think it's important that -- and this is also addressed to the City Manager -- the Code Enforcement officers who are implementing this ordinance be trained on precisely, you know, how to implement the ordinance that they don't create liability for the City in that process. I think it's an excellent ordinance. It's definitely something that's going to benefit my district, and that's all I have to discuss on the ordinance. Mr. Loret de Mola: All right, Commissioner. Vice Chair Carollo: I want to say a few things about this. I actually have a few questions. I am definitely against graffiti. I'm a former law enforcement officer, so I am definitely against City ofMiami Page 62 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 graffiti. However, I want to askMr. Mola, as far as remedy acts of graffiti, it's my understanding if the City comes in and actually paints over the graffiti, that then that person, whoever is the property owner, is responsible to pay back the City? Mr. Loret de Mola: Yes. Once they -- we open a case, the individual who owns the property is supposed to paint the graffiti in 48 hours. If they don't, then the City, under this new ordinance, will have the authority to go and remove the graffiti themselves and then charge the owner of the facility for the expenses. Vice Chair Carollo: See, that's the only problem that have a little difficulty with because, in essence, you may be victimizing someone twice. In other words, ifI own a house in Little Havana, and it's not that affluent of an area, and someone comes graffitis my wall, you know, first of all, I've been victimized once. I may not have the money to pay for paint or so forth. And yes, I mean, in all fairness, how much can a can of paint cost? But you know what? Some of those people in Little Havana don't have the extra money to buy a can of paint or so forth. So then the City comes, paints the wall, which I agree with, however, then we victimize them again because now we send them a fee for that? What if they can't pay that fee? Chair Sarnoff The -- Can I respond to him? Commissioner, just so you know, if you read Section R of the ordinance, there is what's called relief for persistent victims, so there is designed in this ordinance the ability to use discretion by the City Manager or his designee or the Code Enforcement Board if a person has been victimized two or more times within a calendar year to give them relief from this. But equally -- and I know you're a CPA (Certified Public Accountant) -- and I'm going to speak to -- a little bit to Commissioner Suarez on this. In the common law, there was something known as season. And season meant that all property owners had rights and obligations. Four hundred years ago, it was to the king, and it was to raise an army when he decided that he was going to do certain things. But the concept of season is a concept of an obligation, a duty. Let's just use your hypothetical for a moment, which is a person that doesn't live in Little Havana has a house there, and they decide, I'm not going to cover up the graffiti. If I live next door to you, I don't know that would feel okay living next door to somebody that does not cover their graffiti. Vice Chair Carollo: Mr. Chairman, real quick, it's not that don't want to cover up the graffiti. It's that don't have the means to cover up the graffiti. I cannot afford the can of paint to cover up the graffiti. And thank you for specifying that, 'cause I did read it, and it said on the second try, they can then apply for relief. But what about the first try? Chair Sarnoff That's where I'd say to you that as an owner, a landowner, you have an obligation. Commissioner Suarez: I'd just like to say something, Chairman, on this item. My understanding was of it, the way it was explained to me, was that the fine would be against the offending person and would operate as a lien against the offending person's home, if that Code enforcement violation wasn't paid. Vice Chair Carollo: How do we know who the suspect is? Commissioner Suarez: Well, of course. Julie O. Bru (City Attorney): IfI may clarify that. This ordinance has two characteristics. One is -- Commissioner Suarez: Right. Ms. Bru: -- the one that gets prosecuted in County court if you do catch the offender committing City ofMiami Page 63 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 the crime -- Commissioner Suarez: Right. Ms. Bru: -- of graffiti, and then that one that is against the offender, the individual who, you know, defaced the property. Commissioner Suarez: Okay. Ms. Bru: The other aspect of it is the one that gets prosecuted in the Code Enforcement Board, which is against the property, so -- Commissioner Suarez: I'm glad you clarified that, Madam. Ms. Bru: -- there could be two entities held liable for the act. Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Go ahead. Vice Chair Carollo: And again, don't misinterpret. I am definitely against graffiti, and think this is a good ordinance. It just needs to be tweaked a little bit. So I don't know now if it's the right -- or it's proper. I will ask the City Attorney or City -- Madam City Clerk, as far as a friendly amendment saying that, even on the first try, maybe if the person can't pay to paint that there be some relief or some type of -- Commissioner Suarez: Maybe what he's trying to say is that the discretion of the Manager can be -- Pedro G. Hernandez (City Manager): Mr. -- Commissioner Suarez: -- implemented. Chair Sarnoff Why don't we do this. Mr. Hernandez: -- Chairman, if you allow me. Chair Sarnoff Okay. Mr. Hernandez: I think that we all agree with the concept. The best way to handle graffiti is to immediately eradicate. The way the ordinance are today, Mariano's folks have their hands, you know, sort of tied and we have to wait and wait and see it there. Obviously, I would ask that you move on this first reading ordinance so we can, at the next meeting, be able to approve it and go forward and allow us the time in between to work on the concerns expressed by the Commissioners, you know, reference the payment and so forth, and we'll work with all of you prior to bringing it forward to the City Commission. But we need your support in getting this done today on first reading. Chair Sarnoff So why don't we do that? Why don't we pass it now and we'll have -- it'll afford you another 30 days to look at it. So you all know, the way our ordinance works as present, you have 30 days of graffiti to remain there before the City can take action. Andl would suggest to you in 30 days, you'll have more than one house with graffiti 'cause graffiti begets graffiti. Vice Chair Carollo: Mr. Chairman, I wish we could pass an ordinance that in two days, the City could go out there and take -- and get rid of it. That's not my issue. My issue, then, is charging City ofMiami Page 64 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 a homeowner that was victimized once already, making them a second victim. Now -- and I understand some homeowners will take care of it right away if they have the means. My issue -- and definitely, I don't want to help out someone that sees graffiti and says, you know, it's not my problem, and it affects the rest of the neighborhood. So I understand. And being, as you mentioned, a CPA, I understand property values and so forth. So I understand clearly. But at the same time, there's areas in my district that I know it's not that they don't want to. They don't have the means to fix it. And that's where I don't see it fair. And at the same time, they're victimized twice. So, unfortunately, or fortunate for their -- from how they see it, I have to stand up for those people 'cause they're also citizens, they're also voters, and we can't exclude them. So that's why I'm raising the issue. Chair Sarnoff Okay. So if it's this board's pleasure, I think we should pass this and we should work on the relief you seek for the first-time issues. So having said that -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. You passed the gavel. Chair Sarnoff Oh, I'm sorry. Vice Chair Carollo: I have the -- Any further discussion? Commissioner Suarez: Not for myself. Chair Sarnoff No. Vice Chair Carollo: No? All those in favor, say "aye." Ms. Thompson: No, no, no. Mariano Cruz: You closed the public hearing? Ms. Thompson: Yes. The public hearing was open and closed -- Mr. Cruz: Okay. Ms. Thompson: -- before -- Mr. Cruz: I go on the next -- Ms. Thompson: -- you all started your discussion, okay? Acting Chair, just wanted to let you know. You have a motion, you have a second. Vice Chair Carollo: But we allowed for public hearing in this --? Ms. Thompson: We already did. We opened it and closed it already. So now it would go to your City Attorney to read the title. Vice Chair Carollo: For a roll call. Ms. Thompson: And then after you read the title, we'll have the 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. City ofMiami Page 65 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Thompson: Your ordinance has been passed on first reading, 3-0. Chair Sarnoff All right, FR.4. Ms. Thompson: On -- FR.4 was -- Chair Sarnoff I'm sorry. You're right. That was deferred. Ms. Thompson: -- withdrawn. No, that one's withdrawn. Chair Sarnoff Withdrawn. Ms. Thompson: You wanted FR -- Chair Sarnoff FR.5. Ms. Thompson: -- 5 at 11:15; FR.6 at 11:30, correct? Chair Sarnoff Hang on one second. 11:15, 11:30, that's correct. Ms. Thompson: Okay. Chair Sarnoff We are at 10 -- no. Ms. Thompson: Then RE. 1 was deferred to the January 14. FR.4 09-01104 ORDINANCE First Reading Department of Code AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 2, OF Enforcement THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION," MORE PARTICULARLY BY AMENDING ARTICLE X ENTITLED "CODE ENFORCEMENT," BY CLARIFYING EXISTING LANGUAGE AND ADDING PENALTIES; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01104 Legislation.pdf 09-01104 Summary Form.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item FR.4. FR.5 09-01105 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO CLARIFY CERTAIN STANDARDS AND CRITERIA FOR PERMITTING REQUIREMENTS AND TO SPECIFY SPACING REQUIREMENTS FOR CLEARER PEDESTRIAN PATH ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 66 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 09-01105 Legislation.pdf 09-01105 Summary Form.pdf 09-01105 Pictures.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff If you would allow me, I wanted to move to -- Mr. Mayor, I know you wanted to get to your agenda items, but if you would allow me, I'm going to take something that we agreed to at 11:15 start, FR.5, streets and sidewalks and cafes. And then from there, I think, Mr. Mayor, we're going to go to the ethics ordinance. Bill Anido: Bill Anido, assistant city manager. FR.5 is an ordinance, first reading of the amendment of Chapter 54 entitled "Sidewalk Cafes." It modifies the chapter. It clarifies the clear path that must be maintained for sidewalks, such things as glare screens, the placement of glare screens, landscaping barriers, the height of canopies or umbrellas, et cetera. This is a matter that has been ongoing for quite a while. It has been coordinated with DDA (Downtown Development Authority), merchants in downtown, the Grove, et cetera. Again, this is the first reading, so obviously, there's an opportunity to make adjustments, et cetera, before the second and final reading. Chair Sarnoff All right. We have a -- an ordinance. And what I'm going to do is open it up to the public, FR.5. Anyone from the public wishing to be heard, please come and step up to the podium. Alyce Robertson: My name is Alyce Robertson. I'm the executive director of the Miami Downtown Development Authority, and I'd like to speak in favor of this ordinance change -- this resolution. The DDA fully supports the enactment of the sidewalk cafe ordinance and have worked extensively, as Bill has said -- we've worked extensively with the City. In fact, on -- we prepared a resolution and it was passed in October in supporting the sidewalk cafe ordinance. We think this is an important economic development tool for downtown. In the cases where it's been implemented, it's been a huge success. There are protections to make sure that there's maintaining enough of the passageway so that you can get through and still move, but it adds life to the sidewalks. It's part of our downtown master plan to implement the sidewalk cafe ordinance, and so we were speaking in favor of this and urge your passage of this ordinance. Thank you. Chair Sarnoff Congratulations being named in Senator Bob Graham's book. Ms. Robertson: Oh, you read that? Chair Sarnoff I did. Ms. Robertson: Well, it's very interesting. I wrote about potholes, how to fix potholes. So -- Chair Sarnoff Thanks. Ms. Robertson: -- if you want to know how do that. Chair Sarnoff Next, please. Name for the record. Jose Goyanes: Yes, sir. Jose Goyanes, 50 Biscayne Boulevard, Apartment 2410, downtown Miami 33131. Mr. Chairman, Commissioners, City Manager, Madam City Attorney, as most of you already know, I'm a commercial property owner in downtown Miami. I operate all six of my businesses in the CBD (Central Business District) and I'm also a full-time resident of downtown City ofMiami Page 67 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Miami. I've given the last 15 years of my life to try to make downtown a better place to live, work, and play. Over four years ago -- actually, somebody called me today. I told the Commissioner a day and a half ago -- it was about three and a half years ago. It turns out it's closer to six now. We started working on this revised cafe ordinance along with the Downtown Miami Partnership when I was a board member there. The revisions that we're proposing today have come with long discussions and long input from residents, from business owners, from different departments throughout the City, especially the Public Works Department. I know that these changes are good ideas and in order to create a cafe ordinance that protects the City of Miami, the business owners, and most importantly, its residents and visitors. In downtown Miami, as an example, specifically here in the CBD, there are restaurants that are finally opening at night and on weekends, and it's not just one or two. As of a study that was conducted last month, it's about 18 restaurants now open at night north of the river, which is actually good. As part of their business plan, over 80 percent of these restaurants have a sidewalk cafe component. You don't need to look far. All you have to do is go up the road -- go to Lincoln Road and you can see what sidewalk cafes have done to that economy. If you pick up the Sunday times, open it up, you look at the Travel section, there's going to be certainly a picture of an international city and there'll be a cafe picture (UNINTELLIGIBLE). That's usually one of the pictures that they end up throwing week after week after week, depending on what city they're talking about. If you're lucky enough during this bad economy to take a trip abroad, whether it's Italy or Spain, you'll see outdoor cafes of every size, every shape, every design, some with panels, some with glass walls, some with air conditioning, and even some of them actually take up parking spaces in front of their business to create an outdoor cafe. I know, Commissioner, that you have concerns about the panels, but the panels are ideal because they mark the very boundary of your eating area. The panels give the consumer sitting in the outdoor area a feeling of security and comfort. The panels -- you know, cafe customers are going to be less vulnerable to theft, they're less vulnerable to panhandlers. The cafe panels where we have them, they prevent jaywalkers from cutting through our eating area and dining area. Instead, they use the crosswalks. And also, panels offer a feeling of security from the close proximity that we have our automobiles driving by. And especially if somebody like me that has little kids, I would not want to sit in that cafe ifI didn't have a panel there just for fear of my kids stepping out onto the street. This sidewalk cafe ordinance will help the City raise the same -- be raised to the same metropolitan standards of major cities such as New York, Chicago, San Francisco, Barcelona, Rome, and Paris. Today I come here to ask for your support in the revisions of the cafe ordinance. This ordinance is not only good for downtown, but it's good for the City ofMiami. Thank you. Chair Sarnoff Thank you, Mr. Goyanes. By the way -- Mr. Goyanes: And you got me in a suit today. Chair Sarnoff -- the Manager's owed two lunches. Maybe you could help those two employees out because -- Mr. Goyanes: Will do. Chair Sarnoff Okay. Anybody else from the public wishing to be heard? Jennifer Lutton: Hello. I'm Jennifer Lutton from TUUCl/The Ultimate Umbrella Company, and I've come on behalf of Tre (phonetic) Restaurant, who we have supplied umbrellas for and in -ground flush mount systems for as well. This is an in -ground flush mount. I don't know if many people understand what it is, but it sits into the sidewalk, making for easy access to put the umbrellas in, take them out. It is the most durable effective way to anchor an umbrella. Downtown, you get many winds that just fly through the streets. The umbrellas will not move. They're pinned in and there's no tripping hazard. It's a nice, clean application. If a restaurant goes in or out of business, it's an easy way for that particular restaurant to order additional City ofMiami Page 68 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 umbrellas with their marketing. I also have paperwork on how easy they are to install in a soft surface or in a concrete surface. And I'm here to support this ordinance. Chair Sarnoff Thank you. Ms. Lutton: Thank you. Chair Sarnoff Anybody else from the public wishing to be heard, please step up to the podium. Hearing none and seeing none, the public hearing is now closed. Do we have a mo -- Bring it back to the Commission. Do we have a motion? Commissioner Suarez: I think it has to be read. Is this a --? Chair Sarnoff Yeah. We need a motion first. Commissioner Suarez: Oh, I move the item. Chair Sarnoff All right. Commissioner Suarez: Sorry. Vice Chair Carollo: Second for discussion. Chair Sarnoff All right, go ahead with discussion. Commissioner Suarez: I just would simply commend the Commissioner -- the Chairman actually for proposing this ordinance. This is precisely the kind of ordinance that, you know, the City should be undertaking, in my opinion. We should be doing things to facilitate business. We shouldn't be doing things to make it difficult or more difficult for businesses to operate successfully in the City ofMiami. And because of property value increases over the last few years, we have just been crushing businesses in -- with taxes and now potentially fees. And you know, we always want to increase fees and find revenue, and find revenue, you know. This is one of those things that it's great to have the opportunity to vote on this because we -- I feel that this is going to be something that will benefit the businesses of the City and that's what we should be doing up here. We should be frying to make their life easier and better. Chair Sarnoff Thank you. Commissioner. Commissioner Suarez: When I first saw this item come up and I saw some of the pictures, once again, I primarily look at my district 'cause this is -- as you can see, it's people from downtown Miami and so forth. Even though I've said many times downtown is extremely important to us and I realize that. However, when I first saw it, I had issues whether the barriers needed to be in place. And I did something that I usually never do and that's -- I contacted Jose Goyanes, Mr. Goyanes, without doing my homework first, without actually reading and so forth. And you know -- and I guess we were somewhat rushed with time and so forth. And I mentioned, Jose, I may have a problem with the barriers because I know for a fact in Little Havana, they already have outside cafes, especially the courier [sic] of 8th Street and so forth. And if -- once again, if you make the businesses, you know, do something like put barriers, if you make it not an option but a must, you know, I may have a problem with that because, again, some of these small businesses may not have the funds to do it. And Jose said, Frank, I've been working, you know, on this for about three, three and a half years, which made me realize I need to take a closer look at this. And I said, Jose, let me look at it and, you know, we'll talk some more. And again, it's first reading. When I started reading it, I have to commend you, I have to commend Chairman Sarnoff. The fruth of the matter is, this is well thought out. I mean, realistically, I went through it and it was well thought out. I mean, you addressed so many issues that I was really impressed. City ofMiami Page 69 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 By the way, the barriers, it's not a must. You can put the barriers; and then, once you put the barriers, there's certain, you know, restrictions, which I agree with, but it's not that you have to put the barriers. So with that said, I have to say I was really impressed with your work, Chairman Sarnoff. The truth of the matter is, well thought out plan. This is exactly what we need. That doesn't mean that from here and second reading I may look at, you know, something here and there. But the fruth of the matter is, very well done. Very well done. Chair Sarnoff All right, so we have a motion. We have a second, but now it goes to an ordinance, so let's let the City Attorney read this. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): 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, 3-0. FR.6 09-01232 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY ADDING A NEW SECTION TO REQUIRE THAT ALL ELECTED CITY OF MIAMI COMMISSIONERS, THE MAYOR, APPOINTED OFFICIALS AND DEPARTMENT DIRECTORS COMPLETE AN ETHICS COURSE; AND AMENDING ARTICLE VI, SECTION 2-654, ENTITLED "LOBBYISTS", TO REQUIRE THAT LOBBYISTS COMPLETE AN ETHICS COURSE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01232-Legislation-SUB.pdf 09-01232 Employee Development Program.pdf SPONSORS:HONORABLE MAYOR REGALADO CHAIRMAN SARNOFF Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff I'm passing the gavel. FR.6 is an ethics ordinance that have the high honor and privilege of having coauthored with the Mayor, Mayor Tomas Regalado, for the City of Miami. And while I don't believe this ordinance will, by any stretch of anyone's imagination, create an ethical official -- because as I have said numerous times, that was probably your parents' job. Probably by the time you were eight years old, you either were or were not ethical. It will do something that think is high time that we acknowledge. It would take away the excuse I simply didn't know," and it will enforce something in the City ofMiami that you don't see very often: Avoid the appearance of impropriety. I think Dario Moreno -- or I should say Dr. Moreno probably said it best. You're not going to stop a bad person from doing something, but you could educate another person who isn't a bad person from making a mistake 'cause now you get to point out exactly what it is you shouldn't be doing. And I'll be honest with everyone. Even I learned in this process, in drafting this ordinance, that there are issues and items that we as elected officials should completely avoid doing. And having been a licensed lawyer for 25 years -- and I see Tucker Gibbs in the audience -- I think it's six hours a year of ethics that we have to take. I think it's been that way probably since I've been practicing. I'll defer to my young -- City ofMiami Page 70 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 younger Commissioner. He probably knows exactly how many hours of ethics we have to take. Commissioner Suarez: I think it's 30 over a three-year span or something -- Five a year? Chair Sarnoff Five a year? Commissioner Suarez: There you go. I stand corrected. Five a year. Chair Sarnoff I know I'm going to take this course because -- Vice Chair Carollo: Chairman Sarnoff, CPAs (Certified Public Accountants) also have to take an ethics course, four hours in -- four hours for every two years. Chair Sarnoff So you guys are lower, okay. But I think it's high time that everybody who is elected, so as Commissioners, I think the Mayor -- I think the true interesting part of this ordinance is lobbyists, that lobbyists finally learn what it is they can do and what it is they cannot do. Obviously, this is also going to capture all directors, chief financial officers or, as they like to say in the City ofMiami, the chiefs. So I have the high honor and privilege, like I said before, of having drafted this with the Mayor ofMiami. And I want you all to know this was not drafted in the past two weeks. The final draft of this was done early September and late August, so it wasn't like it just came out. Whatever resistance we had from this Administration, the previous Administration, evaporated very quickly in the past month. So I'd like to just move FR.6 and I will now -- well, I'd like to move it. Vice Chair Carollo: There's a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: I second the motion for discussion -- Vice Chair Carollo: There's a second. Commissioner Suarez: -- as well. Vice Chair Carollo: There's a second. Any discussion? Commissioner Suarez: Thank you, Chairman. My -- I think the two umbrella issues that are the main issues today in the City ofMiami are the economic condition of our society, of our city, and its residents. That's, you know, one of the paramount issues. And I think not very, very close behind or on par with that issue is the fact that we're missing two Commissioners here today, and that has caused issues with the functioning of this government. And so I -- not only do I support wholeheartedly this well thought out ordinance, I would support an extension of it to the extent that we can extend it, you know; and of course, there may be a cost component to extending it, but to the extent that we can extend it. And I would also kind of proffer the notion that all employees should take an oath of honesty. There should be an oath of honesty, and if that oath is not upheld, then that is -- and of course, there's a lot of issues. It's not that simple. When you come up with something, it's not quite that simple. It has to be thought out. But I think an oath of honesty would be an interesting component of this ordinance where all people take an oath to be honest in -- particularly in the dissemination of information, et cetera, et cetera. So I commend you again, Chairman, for -- well, in this case, Commissioner Sarnoff, for crafting this ordinance, and I wholeheartedly support it. Vice Chair Carollo: Again, Chairman Sarnoff, congratulations, very good ordinance. Mayor Regalado, again, thank you, very good ordinance. Any further discussion? Commissioner Suarez: One last thing. I also want to commend the Mayor, and I apologize. This was kind of co -legislation, and I want to thank the Mayor for taking leadership in City ofMiami Page 71 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 conjunction with the Chairman on this legislation. It's important to mention that for me. Vice Chair Carollo: With that said, I believe it goes back to the City Attorney. Julie O. Bru (City Attorney): If there's no further discussion, just for the record, there was an amendment, a substitution that has been now distributed. And I think just to summarize what the substitution was, the ordinance that was printed as part of the agenda had a requirement that the training for these officials and employees that were mentioned occur within 30 days of employment or office. This ordinance now would require that that training have occurred prior to the individual taking office or employment, and also that the training have been taken within a year prior to that, so to make the training recent and current. Vice Chair Carollo: And Madam City Attorney, I don't know who's the proper person to ask this of but it's my understanding that all the training -- all the ethical training will be free by the -- and done -- provided by the County? Ms. Bru: Well, we are going to be doing training in-house ourselves with the cooperation and collaboration of the Commission on Ethics. Mr. Meyers is here from the Commission on Ethics. Chair Sarnoff (UNINTELLIGIBLE) -- Mr. Chair, could I take a point of privilege? Vice Chair Carollo: Yes, please. Chair Sarnoff And could we have Mr. Meyers and Mr. Dario Moreno please approach. And I'd like to have their input on this. Priscilla A. Thompson (City Clerk): Chair, ifI might ask -- Vice Chair, I'm here. You've not opened your public hearing yet on this, so I don't know if you want to put this all together. Vice Chair Carollo: I'll open up the public hearing now then. Ms. Thompson: Thank you. Vice Chair Carollo: FR.6. Robert Meyers: Good morning. Robert Meyers, Miami -Dade Commission on Ethics and Public Trust. It's a pleasure to be here and to support the ordinance. In terms of our responsibilities, the countywide Ethics Commission has a responsibility in our enabling ordinance to conduct ethics training for municipal officials and employees. And it's part of the budget that we get from Miami -Dade County, so -- and we've been doing training in the City ofMiami and all cities in Miami -Dade County for the last 11 years that I've been with the Ethics Commission. So we would not charge the City anything to do it. It's part -- it's built into our budget. And we think it's an excellent idea. And ifI can depart for a moment to talk about some serious matters that think in part have led to this. Over the last five years, we filed ethics charges against six high-ranking officials and employees in the City ofMiami. Andl would submit to you that if you had an ordinance like this in place, some of those people would not have been charged because we did hear the excuse, you know, I didn't know, I wasn't sure, no one ever told me. So you could avoid those things. And I think in some cases, there're legitimate concerns and questions that come up with ethics legislation. So, you know, going through these provisions, explaining what they mean, explaining how you have to report gifts and what it means not to be able to recommend professionals services, or things that may be kind of (UNINTELLIGIBLE) to people who are in the private sector. But if you're in government, you know, there are rules that absolutely apply to you. And they may not always be logical, but at least through training and workshops, you know, we can address those issues. So I wholeheartedly support the work of the Chairman and the Mayor for putting this on. Thank you. City ofMiami Page 72 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Thank you, Mr. Meyers. Vice Chair Carollo: Thank you. Anyone else? Name and address for the record. Dario Moreno: Dario Moreno, director of the Metropolitan Center at 150 Southeast 2nd Avenue, Miami, Florida. Let me also do a clarification. The part of the fraining that encompasses lobbyists and candidates will be paid by those people to the FIU (Florida International University) Metropolitan Center, and this is just part of the cost of doing business to qualify as a lobbyist for the City ofMiami. So, the Miami City taxpayers, who, as we heard earlier, sometimes bear the burden of lapses and mistakes are not going to be handed the bill for this fraining. Thank you very much. Vice Chair Carollo: Thank you. Name and record [sic] for the -- Mariano Cruz: Mariano Cruz, 122726 Street. I read the letter you wrote not too long -- a few weeks ago to the Herald concerning the ethics. I agree with -- I got it. I have it there to make sure that all of you abide for that. Now because I say I'll be watching you. Remember this, I'm going to be watching you. I agree with that. Should be that because (UNINTELLIGIBLE) say, I didn't know, whatever. No, no. Transparency. That's what we need now. Mayor, that's the word? Transparency. That's it. You got to be good not because there is hell. You got to be good because you have to be good and also there's a hell too, you know. Vice Chair Carollo: Thank you, Mariano. Anyone else in the public that wishes to speak? Seeing none, public hearing is closed. When I asked the question as far as payment for this training, I knew the answer 'cause I already had asked. When I first saw this ordinance, I thought it was great. And my first question was, what's it going to cost? So I actually -- I commend both of you because this is not going to cost the City ofMiami one penny, so I think it needs to be mentioned. And again, as a certified public accountant, that was my first concern. And again, it will not cost the City ofMiami one penny. So, once again, I think I need to commend you, Chairman Sarnoff Mayor Regalado. Once again, congratulations. Madam Chair. I'm sorry, Madam City Attorney. Chair Sarnoff I thought you just got a promotion. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And this was a substituted item so make sure that anybody wanting to get a copy of it, the Clerk has it. Ms. Thompson: Your roll call. Vice Chair Carollo: Roll call. Ms. Thompson: Yeah, roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 3-0 -- Chair Sarnoff Folks, we're going to take -- Ms. Thompson: -- as modified. Chair Sarnoff -- our lunch break, and we're going to readjourn [sic] at -- I think we're moving City ofMiami Page 73 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 along pretty good, guys, so I'm going to say 2:15 and give you guys a little bit of a longer break. Vice Chair Carollo: Thank you. Chair Sarnoff So 2:15. And those who owe the Manager lunch, come see him later. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 09-01049 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANGER TO EXECUTE A MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF A STORM WATER PUMP STATION SERVING THE INTERSECTION OF S.R. 5/BRICKELL AVENUE AT CORAL WAY (SOUTHEAST 13TH STREET), MIAMI, FLORIDA, AS STATED HEREIN. 09-01049 Legislation.pdf 09-01049 Exhibit.pdf 09-01049 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item RE.1. Note for the Record: Item RE. 1 was deferred to the Commission meeting currently scheduled for January 14, 2010. RE.2 09-01106 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY FUNDED AGREEMENT, AND A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE INSTALLATION OF DECORATIVE PEDESTRIAN CROSSWALKS ALONG STATE ROAD 5/BRICKELL AVENUE FROM SOUTH OF SOUTHEAST 25TH ROAD TO SOUTHEAST 5TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS, FOR THE CITY OF MIAMI'S REQUIRED CONTRIBUTION, IN THE AMOUNT OF $22,308, FROM DISTRICT 2 QUALITY OF LIFE FUNDS. 09-01106 Legislation.pdf 09-01106 Exhibit 1.pdf 09-01106 Exhibit 2.pdf 09-01106 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez City ofMiami Page 74 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 R-09-0534 Chair Sarnoff So just to get to some order, can we get to RE.2? Priscilla A. Thompson (City Clerk): It looks -- yes. Chair Sarnoff Mr. Manager, RE. 2. Bill Anido: RE.2 -- Bill Anido, Assistant City Manager -- is a resolution authorizing the Manager to enter into an agreement with the Florida DOT (Department of Transportation) for the installation of decorative pedestrian crossings on Brickell Avenue from 5th to 25th Road. The portion between 5th and 15th will be paid by DDA (Downtown Development Authority), and then the crossing at 18th will be paid by the City using District 2 quality of life funding. Chair Sarnoff So let me open it up to the public. This is a public hearing on RE.1. Anyone from the public wishing to be heard? You're recognized for the record. Please state your name. Mark Spanioli: Good morning, Mr. Chair. Mark Spanioli, Miami Downtown Development Authority. Just for reference, I wanted to put on the record that the DDA's contribution for the crosswalks between Southeast 5th and Southeast 15th Road is 228,000 and the City is adding their portion for the portion south of our district. Thank you. Chair Sarnoff Thank you, Mr. Spanioli. Anyone else from the public wishing to be heard? Public hearing is then closed, coming back to the Commission. Is there a motion on RE.2? Commissioner Suarez: So moved. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead. Vice Chair Carollo: My question is if we pass this and when it's done, who does the maintenance? Who takes over the maintenance? Mr. Anido: The City ofMiami will be maintaining the decorative crosswalks. The state, of course, maintains the road, drainage, et cetera. But any special items, such as decorative crossings, are maintained by the City. Vice Chair Carollo: Do we acquire the liability, also? Mr. Anido: No. Commissioner Suarez: I think that's a question for the -- Mr. Anido: Not on the traffic -- Vice Chair Carollo: Madam City Attorney? Julie O. Bru (City Attorney): The agreement between the FDOT (Florida Department of Transportation) and the City doesn't speak to liability. But as a matter of law, once you assume maintenance responsibility, you will be likely to be sued if there's any accident resulting from deficient maintenance or lack of upkeep. Mr. Anido: I have to stress that the item in question is essentially a surface treatment for the City ofMiami Page 75 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 RE.3 09-01225 Department of Public Works crossing, so -- in other words, we're not redoing the geometry, the type of pavement, et cetera. It's only the appearance of the pavement. So obviously, City Attorney -- Pedro G. Hernandez (City Manager): Also, Commissioners, it's important to note that the construction of this decorative treatment is under the FDOT's control -- Mr. Anido: That's right. Mr. Hernandez: -- except that it's one of those items that it's above their standard, and when maintenance is required, we'll have to absorb the maintenance, but it's their construction. Vice Chair Carollo: And as far as maintenance, is it maintenance out of the norm, or is it regular maintenance? Mr. Anido: No. It is out of the ordinary. It's a special surface treatment, a special look to the crossing. So, yes, it's not the normal -looking crossing, no. Vice Chair Carollo: But that's the price you pay to make it beautiful? Mr. Anido: Exactly. Commissioner Suarez: I just have one question. My question is, what's the maintenance -- cost-wise, what's the maintenance obligation that the City would be undertaking by approving this resolution? Mr. Anido: The yearly maintenance -- it's difficult to say at this point, but I can't imagine it being more than a couple thousand dollars. Commissioner Suarez: I just want to put that on the record. Chair Sarnoff All right. Any further discussion on the item? Hearing none, we have a motion, and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TRANSFERRING PORTIONS OF THE RIGHT-OF-WAY OF NORTHWEST 38TH STREET AND NORTHWEST 39TH STREET, WITHIN THE CITY OF MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN THE ATTACHED LEGAL DESCRIPTIONS AS PARCELS 100 AND 101, TO THE JURISDICTION OF THE STATE HIGHWAY SYSTEM IN ACCORDANCE WITH SECTION 337.29, FLORIDA STATUTES; AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO RECORD A RIGHT-OF-WAY MAP OF THE SUBJECT ROADWAYS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 09-01225 Legislation.pdf 09-01225 Exhibit 1.pdf 09-01225 Exhibit 2.pdf 09-01225 Summary Form.pdf 09-01225 Map.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 76 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0535 Chair Sarnoff Okay, RE.3. Bill Anido (Assistant City Manager): RE. 3 is a resolution transferring portions of Northwest 38th and 39th Streets right-of-way to the Florida DOT (Department of Transportation). This is in connection with certain improvements they are doing on I-395 and I-95. All of this flows out of the I-95 HOV (High Occupancy Vehcile) lane improvements. There's some slivers of right-of-way they need to improve the weaving distances, some storm drainage improvements and so forth in connection with that project. Chair Sarnoff All right. The public hearing is now open for RE.3. Anybody wishing to be heard on RE.3? Public hearing's open. The public hearing is now closed. RE.3 comes back to the Commission. Is there a motion? Vice Chair Carollo: So move. Chair Sarnoff Do we have a second? Commissioner Suarez: Second. Chair Sarnoff Any discussion on the record? All right, motion and second. All in favor, please say "aye." The Commission (Collectively): Aye. RE.4 09-01039 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE MAINTENANCE OF STATE ROAD 933/NORTHWEST 12TH AVENUE FROM NORTHWEST 7TH STREET TO NORTHWEST 15TH STREET , MIAMI, FLORIDA, AS STATED HEREIN. 09-01039 Legislation. 11-19-09 pdf 09-01039 Exhibit.pdf 09-01039 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item RE.4 was deferred to the Commission meeting currently scheduled for January 14, 2010. Chair Sarnoff RE.4. Bill Anido (Assistant City Manager): RE.4 is a resolution authorizing the Manager to enter into a maintenance agreement with the Florida DOT (Department of Transportation). This is for the maintenance of landscaping on Northwest 12th Avenue between 7th Street and Northwest 15th. The estimated cost a year will be about $6, 000 to maintain the landscaping associated with this project. City ofMiami Page 77 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff All right. RE.4. Anybody from the public now wish to speak, please come up to the podium on RE.4. Public hearing is open. Public hearing is now closed. RE.4 comes back to the Commission. Is there a motion on RE.4? Commissioner Suarez: I move for the passage ofRE.4. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead with discussion. Vice Chair Carollo: Mr. Anido -- Mr. Anido: Yes. Vice Chair Carollo: -- it's my understanding this is in combination with the new bridge that was built? Mr. Anido: Yes. In connection with the new Baskill Bridge over the Miami River, yes. Vice Chair Carollo: Exactly. Question. Why was it decided to make the beautification project north and not south? Because the bridge starts right after Northwest 7th Street, and then once you cross the bridge, you have many blocks until you get to Northwest 15th Sfreet. Why was it decided to go northbound and not also southbound and add a few blocks in my disfrict? Mr. Anido: As we have discussed, we will be reaching out to the Department to see if there are any opportunities to do landscaping south of Northwest 7th. The Department had chosen, the -- let's say, the footprint of the bridge improvement project for the landscaping. So we will be reaching out to them and see what opportunities there may be to go south of Northwest 7th. Vice Chair Carollo: My problem is, ifI vote for this -- ifI vote in favor of this as it reads right here, it will be from 7th Sfreet on north and 7th Sfreet south, which is my disfrict, nothing happens. So I understand out of good faith you will look at it, but the truth of the matter is, ifI vote for this now, I mean, my disfrict -- I mean -- and the truth of the matter is, all I'm asking is for equality. You know what, the same amount of blocks that you're doing on one side of the bridge, do it on the other side of the bridge. That's all I'm asking, equality. I'm not asking for anything special. However, ifI approve it the way it is right now, we're not getting equality. Pedro G. Hernandez (City Manager): Commissioner, ifI may. That project-- the landscaping project is obviously spurred by the construction of the new bridge and -- which, in essence, continues to the north a little bit. There are opportunities from the bridge north that you don't have from the bridge south. You do have medians. You have areas that are green behind the sidewalk that can be enhanced. As you go south, you have an older, typical section that is much narrower that is either all concrete, narrow sidewalks with pavement. That one has to be taken a look at to see what, if anything, can be done, but it's going to take more than just landscaping. It's going to take other physical improvements to make space for beautification. I think it's totally a -- it's a different type of section of road that has to be looked at separately. Vice Chair Carollo: Was it ever even looked at? I mean, I'm not asking to go out in left field. But is there any innovative ways of beautifying that area, maybe with pods or other things? Should there be cement? I mean, I think what I'm asking is not unreasonable. I'm just asking let's be a little innovative so we have beautification on both sides of the bridge. City ofMiami Page 78 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Hernandez: Commissioner, all -- Vice Chair Carollo: And unfortunately, one side, the side that there's no beautification on, is in my district. Mr. Hernandez: Commissioner, we'll have the Department take a look at it and identify how, in a creative way, we can improve the aesthetics and the tree planting, if we can, south of the bridge, from 7th Street down to Flagler or Southwest 1st. And we'll take a look at it and see how we can incorporate it. Vice Chair Carollo: So I have a question. I'm not sure who to ask. Because how can I proceed or vote for this unless we make an amendment as far as approving this contingent upon also looking south of 7th Street to beautify that area also? Mr. Hernandez: Commissioner, there are two different issues that we're dealing with. We're dealing with a project that has already been coordinated with the State who controls that section of 12th Avenue. And as I said before, there are different typical sections that we are looking at. The one to the north obviously has the opportunities for landscaping improvements. We have to look at the section to the south as a different project. And we do have monies in our tree frust fund for trees and landscaping elements, but we will have to determine how to handle that section. Maybe you need physical improvements to 12th Avenue before you can even do tree planting. You may have to do islands on the side or cutouts. It has to be looked at totally different. This is a separate project. And I would not recommend that we hold this back because of the potential that is to the south. Chair Sarnoff Mr. Manager, is there any -- does this have to be executed today? Could he wait 60 days? Could he wait a period of time? Mr. Hernandez: This, in essence, is a maintenance agreement with the FDOT, so what it means is that the FDOT is the one that is doing the improvements on that section of 12th Avenue. Chair Sarnoff Right. Mr. Hernandez: And what we're doing via this agreement is that we will accept with our own in-house staff -- Chair Sarnoff Right. Mr. Hernandez: -- the maintenance of those elements. So once the State puts that in, my fear is that if we don't maintain it, we could be, you know, counterproductive. Chair Sarnoff Well -- Mr. Anido: IfI may also suggest, the Department -- FDOT's in the process of developing their five-year program. We can request -- formally request that they look into providing beautification improvements, landscaping improvements on Northwest 12th Avenue, south of 7th. Chair Sarnoff All you have here a City Commissioner who is trying to get the attention of the Administration, and he's using whatl think most people call leverage to make sure that that happens. I have no problems with deferring this for 60 days and leaving him in a place that he likes himself. Vice Chair Carollo: Mr. Chairman, I thank you for that. Commissioner Suarez: I have no problem with that either. City ofMiami Page 79 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff I think you're going to need to make the motion. Commissioner Suarez: I will make the motion that this item -- The Manager wants to be heard -- Mr. Hernandez: No, no. Just -- Commissioner Suarez: -- before the motion is made. Mr. Hernandez: -- a concern. If the State is already putting the material in -- Commissioner Suarez: Right. Mr. Hernandez: -- and they're assuming that we're going to maintain it, whatl don't want to be in a situation of material being put in without the proper maintenance and then we end up -- Commissioner Suarez: I just want to say I think -- and I don't mean to speak for any other Commissioner or anything. I think the concern here is that -- you know, while we understand that the maintenance component is what we're talking about, I think the concern is not necessarily the maintenance as much as the possibility of having some of the -- those improvements be done on the other side of that street. So to the extent that that can be done, I think -- Am I understanding the issue correctly? Mr. Hernandez: Yes. And I think that, obviously, the Commission can direct the Administration to go ahead and look to see what is needed for improvements to be done from 7th Street south. Commissioner Suarez: Right. Mr. Hernandez: My only point is that don't want any planted material to suffer -- Commissioner Suarez: Not to have maintenance. Mr. Hernandez: -- for lack of maintenance because we're not taking this action. Chair Sarnoff So maybe what we do is bring it down to a 45-day period or a 30-day period. This way you'll have time to meet with Commissioner Carollo and fashion some sort of remedy or plan. Vice Chair Carollo: Thank you, Mr. Chairman. Commissioner Suarez: Okay. I would move that this item be deferred for 30 days. Vice Chair Carollo: Second. Chair Sarnoff All right. Priscilla A. Thompson (City Clerk): And that -- Vice Chair Carollo: Or to the next meeting? No, not the 17th; the January meeting. Commissioner Suarez: That's fine. To the first meeting in January. Chair Sarnoff All right. We have a motion. We have a second. Vice Chair Carollo: Second. City ofMiami Page 80 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 RE.5 09-01108 Department of Capital Improvements Program Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Thank you. I want to thank my colleagues. Thanks, Marc. Thanks. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE AWARD TO HORIZON CONTRACTORS, INC., PURSUANT TO RESOLUTION NO. 07-0701, ADOPTED DECEMBER 13, 2007, FOR THE PROJECT ENTITLED "FLAGAMI/WEST END STORM SEWER IMPROVEMENTS, PHASE IIB, B-50695," FOR ADDITIONAL WORK, IN AN AMOUNT NOT TO EXCEED $765,000, INCREASING THE TOTAL VALUE OF THE AWARD, FROM $6,448,006.15 TO $7,213,006.15; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $765,000, FOR SAID INCREASE, FROM CAPITAL IMPROVEMENT PROJECT NO. B-50695; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-01108 Legislation.pdf 09-01108 Exhibit.pdf 09-01108 Summary Form.pdf 09-01108 Original Contract.pdf 09-01108 Additions & Credits.pdf 09-01108 Text File Report 1.pdf 09-01108 Text File Report 2.pdf 09-01108 Amendment Construction Contract.pdf 09-01108 Corporate Resolution.pdf 09-01108 Bid Form 1.pdf 09-01108 Bid Form 2.pdf 09-01108 Pay Item Description 1 .pdf 09-01108 Questionnaire.pdf 09-01108 Addendum No.1.pdf 09-01108 Addendum No.2.pdf 09-01108 Pay Item description 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0537 Direction by Vice Chair Carollo to the Administration to schedule a meeting with the Commissioner to discuss the neglect of capital improvement services in District 3, specifically the area of Southwest 22nd Terrace and 32nd Avenue. Chair Sarnoff All right, RE.5. Ola O. Aluko: Good morning. Ola Aluko, director of Capital Improvements, City of Miami. RE.5 is a resolution to authorize additional services for -- from Horizon Contractors, Incorporated for the Flagami/West End storm sewer project. We're requesting an additional City ofMiami Page 81 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 amount of $765, 000 which will Horizon's contract from $6.448 million to $7.213 million. These additional dollars are needed increase for improvements which were requested by the residents and acknowledged by the City. These improvements consist of driveway approaches, improvements in the swales. There were some unforeseen conditions. For example, utility lines not being in the place where they should have been. In addition to that, we had additional trees planted in the neighborhood. Commissioner Suarez: Chairman, I -- Mr. Chairman, I'd like to move this item for approval, but I'd like to discuss it as well. And I'm sensitive to your timeline of trying to get this done by 10:30. Chair Sarnoff Okay. Let's -- let me open up to the public hearing just in -- Mariano Cruz: Yeah. Mine is fast. Mariano Cruz, 1227 Northwest 26th Street, you know, part of Disfrict 4, District 1 too. But I am tired of seeing here all the time these change orders, 12 percent change orders, all these cost overruns, all that. What about the bids now with the construction so low? What about getting the low bid and that's it, closed? You can -- or get a performance bond. You're doing -- with the money you got, but you come here 12 percent more and then 10 percent more and 20 percent more? What about that? We got to cut all that. We can't be -- keep on doing business like that. No. That's all I say. Chair Sarnoff Let me ask some questions on your behalf. Is that all right? Mr. Ola Aluka [sic], what portion of this was the unforeseen utilities that were in the wrong place? Mr. Aluko: The unforeseen utilities are roughly $32, 000. Chair Sarnoff All right, so that brings it down to $730, 000. What percentage --? Mr. Aluko: I can give you dollars. Chair Sarnoff Sorry? Mr. Aluko: I can give you dollars. Chair Sarnoff Oh, go ahead. Mr. Aluko: Yes. The bulk of the change order are for the driveway improvements, and I can explain to you -- first of all, let me address Mr. Mariano's concern. These are not change orders at the cause of the contractor. These are owner -requested changes. Previously, whenever the City goes into a development to improve the roadway, we just improve just the roadway. However, we realized at these residents' request and concerns, that we were not installing driveway approaches in these residences. What we were installing were sod, and it so happened that the sod was being damaged. So we met with Public Works, and it was determined that it's best if we just install the driveway approaches and then the residents will now take -- they will install the actual driveway. This is typical with other municipalities and also the DOT (Department of Transportation), but for whatever reason, the City did not have this standard in place at the time of bid. Mr. Cruz: Okay. I have a question. Since all this is done with bond oversight -- money with the bonds, I -- Mr. Aluko: No. Actually, this is not bond money. Mr. Cruz: This is capital improvement that was done before and the City put a lien in the property. This got no lien. This is just done with the bond money. City ofMiami Page 82 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Aluko: No, this is not bond oversight money, sir. These funds are street bond dollars and storm sewer dollars. Mr. Cruz: Okay, whatever, but somebody have to pay. Mr. Aluko: Yes. Mr. Cruz: It come from the City -- Mr. Aluko: Yes. Mr. Cruz: -- one of the different shells, you know, this shell, the other shell. You see it now, now you don't see it. Okay, that's it. Mr. Aluko: Thank you. So, Commissioner, just to conclude, that's the bulk of the change order. Chair Sarnoff Let me ask you this. When you say this was not a standard in the City, is it now the City's standard? Mr. Aluko: Yes. We met with Public Works Department, and Public Works has -- they have agreed that whenever we do future projects, funding available, we will incorporate these approaches in the residences. Chair Sarnoff All right. Is there anyone else from the public wishing to be heard on RE.5? Hearing none and seeing none, I close the public hearing. It comes back to the Commissioner [sic]. Commissioner Suarez, you are recognized. Commissioner Suarez: Thank you, Chairman. And I'll try to be as brief as I can with my comments to respect to your schedule. I think -- I appreciate you putting on the record specifically where the funding was coming from. I think any time -- you know, certainly it's going to be my position that any time anyone's asking for additional money in this budgetary environment, they're going to have to, you know, explain precisely where the money's coming from and why it's coming from that pot or whatever, for lack of a better word. I think you alluded to something that was important, which was this, in essence, is kind of a fix -it problem to the initial problem, which was that grass was laid down, and that just wasn't a really -- a workable solution? Mr. Aluko: That is correct. Commissioner Suarez: And then, I think we had a discussion, the three of us, where I proposed - - and because this is the overall -- this is an overall flooding problem. I mean, this is -- Mr. Aluko: This is a drainage -- this is primarily a drainage project. Commissioner Suarez: Right, which is an enormous issue in this area. Mr. Aluko: That is correct. Commissioner Suarez: I've walked the area extensively. And, you know, some parts I've had to - - I had to walk it in the water, so -- and it's one of the big -ticket items that was a recurring issue. Every time I'd go knocking on a door, a resident would say, flooding, flooding, flooding, flooding. That's one of the major issues. I had proposed to you both kind of a comprehensive -- because this -- this is a Swale, correct? I mean, this is essentially from the sidewalk to the street? Mr. Aluko: The driveways, yes. The driveway is from the sidewalk -- actually, from the City ofMiami Page 83 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 roadway, yes, to the sidewalk, that is correct. Commissioner Suarez: Right. So, you know, my issue was frying to, you know -- and I know some of that was already paved. Some of those areas were already paved and some of that paving work didn't exactly come out right. And there was a continuing flooding problem with the paving. Mr. Aluko: In situations like that, if it didn't come out right, that means the contractor may have erred, and they replaced it at no cost to the City. Commissioner Suarez: They should be replacing them because it wasn't at the time when I walked door-to-door, so they should be at some point. Mr. Aluko: That would have been done at no cost to the City. Commissioner Suarez: Okay. That's at risk or whatever. At their risk. Mr. Aluko: It's just deficient work. Commissioner Suarez: Okay. You know, we discussed, you know, a possible formula or a possible solution to this draining issue, which had to do with, you know, maintaining of grass and a green component to it, you know, because I think, obviously, grass is beautiful. That's the reason why you guys fried the grass in the first place, but it's not necessarily workable, which we discovered later because of the needs of the residents. The residents need parking in that area, you know. And so what concerns me about this is that, you know, we're just going to be paving here and we're not going to have any grass. Is it really going to solve the drainage problem? Because the drainage problem, as I saw it, was that you had drainage -- I don't know what you call them -- cantilevers or whatever. Mr. Aluko: The drainage structures. I think I know where you're going, Commissioner -- Commissioner Suarez: Right. Mr. Aluko: -- 'cause we did discuss this previously. Commissioner Suarez: Right. Mr. Aluko: We will -- first of all, we're only installing the driveway approaches. We will have sod between each driveway approach. Commissioner Suarez: Okay. Mr. Aluko: However, in real dense neighborhoods, we've started to implement a material called pervious concrete. Commissioner Suarez: Right. Mr. Aluko: And it looks like we're going to continue that in the dense neighborhoods where we have vehicles parking on the Swale area. Commissioner Suarez: Okay, that's -- Mr. Aluko: This will satisfy the residents' parking and at the same time, even though we're not looking for LEED (Leadership in Energy and Design) points -- City ofMiami Page 84 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: Right. Mr. Aluko: -- but at least it's a green material. It helps percolate the rainwater runoff into the aquifer. Commissioner Suarez: Right. Mr. Aluko: So we satisfy both. The only part that we may not satisfy is -- I'm sure there's something in probably Miami 21 where it states that you actually need sod. But unfortunately -- Commissioner Suarez: Right. Mr. Aluko: -- due to the environment and structure of the City -- Commissioner Suarez: Right. Mr. Aluko: -- we just have real dense areas where sod would not work. Commissioner Suarez: Is not possible. Mr. Aluko: It's not possible. Commissioner Suarez: Right. Mr. Aluko: It's not -- Commissioner Suarez: Yeah. Mr. Aluko: -- Coconut Grove. This is an area where -- and to District 2 -- Commissioner Suarez: Yeah, we talked about it. We talked about it. I don't think my constituents really care much about LEED points, but they do care about drainage -- Mr. Aluko: Yes. Commissioner Suarez: -- and they do care about beautifying and having -- being proud of their neighborhood, you know, and they do care about having a situation that works. And they're very conscious of the cost of things so, you know, they don't want a situation where we're constantly fixing a problem that we keep creating, you know, and then they see their taxes go up and they say, well, our taxes have to be going up because we have to keep redoing this all over again. Mr. Aluko: Understood. Commissioner Suarez: So, you know, those are my comments for the record, and I'd like to vote on the item if the Commission -- anyone else -- Chair Sarnoff Okay. I don't know if we have a motion and a second. I don't think we do. Vice Chair Carollo: I don't think we do. Commissioner Suarez: I thought we did. I thought I moved for a discussion. Priscilla A. Thompson (City Clerk): What transpired was that the Commissioner said I would like to try to go ahead and make -- and then we went into the public hearing. City ofMiami Page 85 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff He put a pebble in the road -- Ms. Thompson: Yes, he -- Chair Sarnoff -- and he took me right off the side. All right. Do we have a motion? Commissioner Suarez: I would move that -- Chair Sarnoff Do we have a second? Commissioner Suarez: -- this item be approved. Chair Sarnoff Do we have a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right, go ahead with the discussion. Commissioner Carollo, you're recognized. Vice Chair Carollo: I'm not going to make a long-winded speech, like I usually do. With that said, yes, none of us like change orders and, once again, every time I hear change orders -- but with that said, that's not really what I'm going to address. I'm going to address the issue of doing the work in this area. And with all due respect to Commissioner Suarez, you know I have families and a lot of relatives that live in your district. Commissioner Suarez: Absolutely. Vice Chair Carollo: And my question was, why to this area and not other areas in District 4 that I know for a fact had the same problems? In other words, in some of those approaches after drainage and so forth, that type of work, in the approaches where they had cement or some type of gravel in the past, the City came in, did the work and then planted grass. First rainstorm, two or three cars obviously have to drive through the grass to go into their driveway. It becomes all mud. It's terrible. So I guess my question was why this area and not other areas of District 4, which I know for a fact has had the same problem? Mr. Aluko: It's a combination of two things, Commissioner. Unfortunately, in some of these areas -- and Public Works can attest to this -- there were illegal driveways. And whenever -- our direction is whenever we go to improve a neighborhood, if we encounter an illegal driveway or illegal driveway approach, we implement whatever our standard is, no matter what the resident - - or however they may complain because the driveway approach was illegal; it wasn't permanent. That's one instance. In another instance where you did have a legal driveway, however, there was no approach, you are correct. We followed the Public Works -- we call it Bulletin 28, and the bulletin required us to put sod. Unfortunately, the residents were not as vocal as this particular neighborhood and we continuously receive calls -- we even received calls from the current district office at the time and then we realized that there was a problem and we had to address the problem. And that is why moving forward we have now understood that that bulletin does not work in these areas, and moving forward we're implementing the new driveway approach and pervious concrete wherever necessary. As far as the ones that we did in the past, all I can say is that should we have funds available in this particular project, we can go back and revisit it and see if we can, you know, implement it. Vice Chair Carollo: With all due respect to Commissioner Suarez, if possible, do you mind if we work together so I could point out some of the areas -- Mr. Aluko: Of course. City ofMiami Page 86 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Vice Chair Carollo: -- because --? Commissioner Suarez: I have no problem with that. Vice Chair Carollo: You know, and like I said -- Commissioner Suarez: And I appreciate your input on it, Commissioner. Vice Chair Carollo: -- with all due respect to your disfrict, but you know, I'm quite familiar with Commissioner Suarez: I know. Vice Chair Carollo: -- your district, so I know for a fact -- and I'll even say one outright, Southwest 22nd Terrace off of 32nd Avenue. And you know all of 32nd Avenue there's been issues with the approaches and so forth where there's planted grass. So I just want to, you know Commissioner Suarez: I'll agree with that by the way. Vice Chair Carollo: -- put that for the record. And like I said, I'll speak with -- Commissioner Suarez: Sure. Vice Chair Carollo: -- in the future just to, you know, point some of those areas out. Mr. Aluko: Very well. Vice Chair Carollo: You know, respectfully -- Commissioner Suarez: Of course. Vice Chair Carollo: -- knowing that you're the disfrict Commissioner. Commissioner Suarez: Of course. Mr. Aluko: Very well. Commissioner Suarez: Sorry for violating the time requirement, Mr. Chairman. Ms. Thompson: Excuse me, Chair. Chair Sarnoff Yes, ma'am. Ms. Thompson: I just want to make sure from my Commissioners, are you then, Commissioner Carollo, giving a direction to Administration that you would like to meet with Administration to discuss those areas that you just covered? Vice Chair Carollo: Yes. Ms. Thompson: Thank you. Chair Sarnoff All right. City ofMiami Page 87 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Vice Chair Carollo: Thank you, Madam. Chair Sarnoff We have a motion. We have a second. Pedro G. Hernandez (City Manager): Mr. Chair, ifI may. Chair Sarnoff Mr. Manager. Mr. Hernandez: I think it's important to put on the record that we do not have a driveway replacement program in the City on, I guess, (UNINTELLIGIBLE) be the basis by people who call. We have been -- normally the driveway approaches are the responsibility of the property owner. When we're handling the driveways is when they relate to a project that we're doing, such as the one that we're discussing here, or the one on 32ndAvenue, which comes from a project that was done that did not treat driveways accordingly or some swales that we're working on to resolve. But I wanted to be sure that we all understood that it's when we do a project like this that we go in and the goal is that when we leave, that the neighborhood is in better condition than how we found it, so that's why we're doing the approaches and so forth. But, you know, in case anybody is hearing, we're not doing just on a, you know, driveway -by -driveway basis doing replacement across the city. Vice Chair Carollo: Mr. City -- Chair Sarnoff You should -- Let me just say something. You should also put on the record, Mr. Manager, that pervious concrete is an extremely new concept to this city. And while it may be two years old in other cities, we're on the very cutting edge of using it right now and it -- I believe you're using it for the first time in two projects. So you really didn't have this available to you back in December 2007. Mr. Aluko: No. Chair Sarnoff And we don't even know how it's going to work out because of any city using it, we're going to be the most rugged city to use it. And there is some concern, which we should put on the record, that it may not deal with the rigors of so many cars going over it quite frequently. Mr. Hernandez: Right. I think that -- Mr. Chairman, thank you for pointing that out. We're going now beyond the issue of the driveway approach and we're -- to another issue that is very critical, which is many homes don't have the space to be able to park all their cars within the property. They have to park on the swale, and sometimes the swales get abused and we have to resort to creative treatments, like the porous concrete. And it does have advantages because it's very porous, but on the other hand, may not be suited for, let's say, heavy loads. But we're being creative in trying to address those concerns. Chair Sarnoff Okay. Vice Chair Carollo: Mr. Manager. Mr. Chairman -- through the Chair to Mr. Manager. Yeah, when I'm referring to the areas that I mentioned previously, I'm referring to the exact same scenario as this. Mr. Hernandez: Yes. Vice Chair Carollo: This isn't anything new, any new beautification or so forth. Mr. Hernandez: I understand. Vice Chair Carollo: This is the City actually did work and, unfortunately, left the areas worse City ofMiami Page 88 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 RE.6 09-01229 Department of Capital Improvements Program than they found it. In other words, the areas before had some type of concrete or gravel or so forth when they started the project. When they left the project, I guess it was easier, cheaper just to put grass. In a driveway, approach, within the first two, three days, it was all mud, nasty. Where I can tell you some residents have actually put in sticks and so forth so people don't go over their grass. But even then, even then the truth of the matter is, when you go up and back on the driveway, it's all full of mud, so it looks really nasty. And the bottom line is, it was left in a much worse way or condition than when previously to the City going in there and doing work. Mr. Hernandez: Understood. Chair Sarnoff All right. So we have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE FACILITIES BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF WATER AND SANITARY SEWER SERVICES FOR THE ORANGE BOWL FIELD AT MOORE PARK PROJECT, B-30625; ALLOCATING FUNDS IN THE AMOUNT OF $24,702.66, FROM THE CAPITAL IMPROVEMENT PROJECT ACCOUNT, B-30625, FOR SAID PURPOSE. 09-01229 Legislation.pdf 09-01229 Exhibit 1.pdf 09-01229 Exhibit 2.pdf 09-01229 Exhibit 3.pdf 09-01229 Exhibit 4.pdf 09-01229 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0545 Chair Sarnoff All right. RE.6 is, I believe, our next -- yeah, RE.6. Ola Aluko: Good afternoon. Ola Aluko, director of Capital Improvements, City ofMiami. RE.6 is a resolution authorizing the City Manager to execute an agreement with the Miami -Dade County Water and Sewer Department for the Orange Bowl field at Moore Park. This is a typical -- I'm sorry, a typical agreement that you will enter into with the County in the event of a major project where we are requested to either upgrade a waterline or install a waterline. There is a connection fee associated with this. It's a $24,702 connection fee. Again, this is a typical agreement that CIP (Capital Improvements Program) enters into. Chair Sarnoff All right. We have a -- do we have a motion? Commissioner Suarez: I will move the passage of the item. Chair Sarnoff All right. We have a motion. Is there a second? City ofMiami Page 89 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Vice Chair Carollo: I'm sorry, RE.6? Chair Sarnoff RE.6. Vice Chair Carollo: And it's for approval of the $24, 702? Mr. Aluko: Actually, it's more so for the approval of the agreement. The County requires City Commission approval, a City Commission action for all agreements. And that agreement -- there is a $24, 000 fee associated with the connection fee. So what the Commission is approving is the agreement, the Water and Sewer agreement. Vice Chair Carollo: What we are approving right now is the agreement? Mr. Aluko: That's correct. Vice Chair Carollo: And the agreement is a cost of $24, 702? Mr. Aluko: That's correct, to connect waterlines to the County system. Vice Chair Carollo: Okay. Question. In the backup information that looked at, I didn't see a total agreement. I just saw as far as 24,000. Is there more to this agreement? Mr. Aluko: The actual agreement is part of the agenda package, and the agreement just lists the stipulations, compliance with laws, approvals. It's standard legal information, but I'm not certain if you have that copy, but we do have a copy as part of the agenda agreement. Vice Chair Carollo: Question. More in tune with fiscal impact. Outside of the $24, 000, is it going to cost any more to the City? Mr. Aluko: No, not at all. Vice Chair Carollo: Okay. Chair Sarnoff All right. So we have -- I will open it up for a public hearing. Anybody wishing to be heard on RE.6, please step up to the podium. Hearing none, seeing none, closing the public hearing, coming back to the Commission. All in favor, please say "aye." Chair Sarnoff Aye. Vice Chair Carollo: Have I second? Priscilla A. Thompson (City Clerk): Yes, you did. Vice Chair Carollo: Aye. Commissioner Suarez: Aye. Chair Sarnoff Okay, the ayes have it. RE.7 09-01234 RESOLUTION Department of Solid A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING Waste PAYMENT TO MIAMI-DADE COUNTY ("COUNTY") FOR THE DISPOSAL OF CERTAIN SOLID WASTE COLLECTED IN AND BY THE CITY OF MIAMI ("CITY"), IN AN ESTIMATED AMOUNT NOT TO EXCEED $8,400,000, TO BE City ofMiami Page 90 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 EXPENDED AS NECESSARY THROUGHOUT FISCAL YEAR 2009-2010, FOR A ONE-YEAR PERIOD, PURSUANT TO AN INTERLOCAL AGREEMENT ENTERED INTO SEPTEMBER 29, 1995, BY AND BETWEEN THE CITY AND THE COUNTY; STIPULATING THAT THIS AMOUNT CANNOT BE INCREASED WITHOUT PRIOR APPROVAL OF THE CITY'S OFFICE OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE; ALLOCATING FUNDS FROM ACCOUNT CODE NO. 04001.213000.549000.0000.00000. 09-01234 Legislation.pdf 09-01234 Summary Form.pdf 09-01234 Letter.pdf 09-01234 Memo.pdf 09-01234 Interlocal Agreement.pdf 09-01234 Exhibit C.pdf 09-01234 Attachment D.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0546 Chair Sarnoff All right, RE.7. Barbara Pruitt: Good afternoon, honorable members of the City Commission. My name is Barbara Pruitt. I'm the acting director of the Department of Solid Waste. And RE.7 is a resolution of the Miami City Commission authorizing payment to Miami -Dade County for the disposal of certain solid waste collected in and by the City ofMiami in an estimated amount not to exceed $8.4 million, to be expended as necessary throughout the fiscal year 2009-2010 for a one-year period pursuant to an interlocal agreement entered into September 1995 by and between the City ofMiami and Dade County. Chair Sarnoff All right. We have a -- do we have a motion from the Commission? Commissioner Suarez: I will move the item. Chair Sarnoff All right. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff All right. Is there anyone from the public wishing to be heard? Hearing none, seeing none, the public hearing is closed; back to the Commission. Any discussion, gentlemen? Vice Chair Carollo: No. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. RE.8 09-01001 RESOLUTION City ofMiami Page 91 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Coconut Grove A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Business ATTACHMENT(S), APPROVING THE RECOMMENDATION AND PROPOSED Improvement AMENDED BUDGET OF THE COCONUT GROVE BUSINESS District (BID) IMPROVEMENT DISTRICT BOARD, AS STATED HEREIN, AND ATTACHED Board AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2008 AND ENDING SEPTEMBER 30, 2009. 09-01001 Legislation.pdf 09-01001 Exhibit.pdf 09-01001 Memo 1.pdf 09-01001 Memo 2.pdf 09-01001 Bid Meeting.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0536 Chair Sarnoff David Collins, if you wouldn't mind, I think it's about 9:30, and I could get you in and out. And this is the BID (Business Improvement District) issue. It's RE.8, to the other Commissioners, page 26 of your agenda. David Collins: Distinguished Commissioners, Mr. Manager, Ms. City Attorney, Madam Clerk, on July 21, 2009 -- David Collins, executive director, Coconut Grove BID -- the 21-member BID Board approved an amended budget for FY (Fiscal Year) '08-'09. You've been provided with that budget. The core of this amendment was the fact that we had -- last year, six months into our year, we became a BID, thank heavens, after many years of preparation. And we assessed money in the amount of $225, 000. That money was incorporated into last year's budget in an appropriate fashion and this amended budget reflects that $225, 000 addition. I ask for your consideration of approving last year's amended budget. Chair Sarnoff Do I have a motion? Commissioner Suarez: I move. Chair Sarnoff Is there a second? Vice Chair Carollo: I second. Chair Sarnoff All right. Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff And how do you say it? Those who now would say no? Thank you, David. I appreciate you coming. Mr. Collins: Thank you very much, sir. Thank you. RE.9 09-01097 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), TO ACKNOWLEDGE AND ACCEPT THE CONTRACT TERMS OF THE EXECUTED PRACTICE MANAGEMENT SERVICES AGREEMENT ("AGREEMENT"), ATTACHED AND INCORPORATED, BETWEEN PST SERVICES, INC. D/B/A PER -SE TECHNOLOGIES, AND THE City ofMiami Page 92 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 CITY OF MIAMI, FOR THE ACQUISITION OF EMERGENCY MEDICAL TRANSPORT BILLING AND COLLECTIONS SERVICES, AS THE GOVERNING TERMS, RENEWALS AND SET FEES OF THE AGREEMENT; ALLOCATING FUNDS FROM THE DEPARTMENT OF FIRE RESCUE OPERATING BUDGET, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01097 Legislation.pdf 09-01097 Exhibit.pdf 09-01097 Summary Form.pdf 09-01097 Pre-Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez RE.10 09-01237 Department of Capital Improvements Program R-09-0547 Chair Sarnoff Okay. RE.8 -- I'm sorry, RE.9. Glenn Marcos: Good afternoon, Commissioners. Glenn Marcos, Purchasing director. The item before you is a resolution -- it's actually a housecleaning item. This item was presented back to the City Commission back on July 28, 2005. The resolution stipulated the wrong term of the contract, and we're bringing this before you back again to stipulate the correct term of the contract. Chair Sarnoff All right. Do we have a motion? Vice Chair Carollo: I'll make a motion. Chair Sarnoff Is there a second? Commissioner Suarez: I'll second the motion. Chair Sarnoff Open it up to the public hearing. Anybody from the public wishing to be heard on RE.9, please step up. Hearing none, seeing none, closing the public hearing, coming back to the Commission. Any discussion, gentlemen? Vice Chair Carollo: No. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, that passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING AN INCREASE TO THE CONTRACT AWARDED TO NAC CONSTRUCTION, INC., FOR THE FIRE STATION NO. 11 IMPROVEMENTS PROJECT, B-60452 ("PROJECT"), IN AN AMOUNT NOT TO EXCEED $448,000, CONSISTING OF THE AMOUNT OF $286,292, FOR THE UNANTICIPATED NEED TO DEVELOP A SITE TO HOUSE TEMPORARY TRAILERS FOR City ofMiami Page 93 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 FIREFIGHTERS TO UTILIZE DURING CONSTRUCTION AND THE COST FOR TEMPORARY SIGNALIZATION FOR THE TEMPORARY TRAILER SITE, AND THE AMOUNT OF $161,708, FOR OWNER -REQUESTED CHANGES AND UNFORESEEN CONDITIONS, SUCH AS AN ALERTING SYSTEM, A POWER SOURCE, AND A FLORIDA POWER AND LIGHT POLE RELOCATION, THEREBY INCREASING THE CONTRACT FROM $3,326,400, TO A TOTAL CONTRACT NOT TO EXCEED $3,774,400; ALLOCATING FUNDS FOR SAID INCREASE FROM CAPITAL IMPROVEMENT PROJECT NO. B-60452; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-01237 Legislation.pdf 09-01237 Exhibit 1.pdf 09-01237 Exhibit 2.pdf 09-01237 Summary Form.pdf 09-01237 Text File Report.pdf 09-01237 Bid Submittals List.pdf 09-01237 Section 6- Contract Execution Form.pdf 09-01237 Public Works Bond.pdf 09-01237 Form of Perfornance Bond.pdf 09-01237 Power of Attorney.pdf 09-01237 Form of Payment Bond.pdf 09-01237 Certificate -Corporate Principal.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0548 Chair Sarnoff RE.10. Ola Aluko (Director, Capital Improvements): Good afternoon, once again. RE.10 is a resolution to authorize an increase in the contract amount for additional services for NAC Construction, Incorporated. This is for the fire station number 11 improvements, project D-60452. The amount that we're requesting in the amendment is a total amount of $448, 000. This will increase the contract from $3,326,400 to $3,774,400. The $448, 000 will be used as follows. The bulk of the 448 is $286, 000 which was used to develop a frailer park, a temporary trailer park -- frailer site for the existing firefighters and their equipment. We intend to use it, 286, to replenish the contract's contingency account. The balance of the 448 is $161, 000 which is used for an alerting system, a new uninterrupted power source and panels and also the relocation of a pole. This will total in the amount of $448, 000. Chair Sarnoff I must have missed something. I have $286, 000, 161, 000, what did I miss? Mr. Aluko: I'm sorry, Commissioner. I was rounding off. The exact numbers, 286,292 and then 161, 708. That should give you a total of 448. Chair Sarnoff Okay. All right. Mr. Aluko: Any questions? Chair Sarnoff We have a -- do we have a motion on RE. 10? City ofMiami Page 94 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: I will move that item. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Just opening up to the public. Anybody wishing to be heard on RE.10? Hearing none, seeing none, the public hearing is closed, comes back to the Commissioner [sic]. Commissioner Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. Again, it's a change order. And every time there's a change order, I don't want to say you have a sour taste in your mouth, but again, you know, could some of this been foreseen? Mr. Aluko: As I mentioned during the briefing, there -- unfortunately, the word "change order" has a negative connotation. But this one I will call a positive change order, meaning that this is work that had to have been done anyway. Could it have been foreseen for this particular contract? Not exactly in the sense that the Fire Department were going to develop this temporary trailer site concurrently or ahead of CIP's (Capital Improvement Programs) construction of this new fire station. Unfortunately, that was not developing in time so it was better offfor CIP to have developed the fire station. So basically what I'm trying to say, Commissioners, the Fire Department would have spent these dollars had they done it themselves. Instead, they asked us to do it, and we just took it out of our contract. Therefore, we need to take their money and give it to our contractor to do the work. So, again, it washes out. Vice Chair Carollo: Okay. Chair Sarnoff All right. So we have a motion. We have a second. No further discussion. All in favor, please say "aye." The Commission (Collectively). Aye. Chair Sarnoff Passed. RE.11 09-01241 RESOLUTION Office of Grants A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED "BICENTENNIAL PARK MOORING BOLLARDS, PHASE II," AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $513,255, CONSISTING OF A GRANT AWARD FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"); AUTHORIZING THE ALLOCATION OF THE CITY OF MIAMI'S REQUIRED MATCH OF $513,255, FROM SPECIAL REVENUE FUND B-30605; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01241 Legislation.pdf 09-01241 Exhibit 1.pdf 09-01241 Exhibit 2.pdf 09-01241 Summary Form.pdf 09-01241 Letter.pdf 09-01241 Pre-Legislation.pdf 09-01241 Attachment E-6.pdf City ofMiami Page 95 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0549 Chair Sarnoff RE.11. Robert Ruano: Commissioners, Robert Ruano, director of Grants A dminisfration. Good afternoon. RE. 11 is a resolution to accept a grant from the Florida Inland Navigation District in the amount of 513, 255, with an equal amount funded from the CIP (Capital Improvements Program) project ftom Homeland Defense interest Series 1 and 2 interest. And that's to create bollards at Bicentennial Park so that tall ships can come and be presented there. Chair Sarnoff All right. Do we have a motion? Commissioner Suarez: I move. Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. We have a motion and a second. Anyone from the public wishing to be heard on RE.11, please step up. Yes, sir. Javier Betancourt: Good afternoon, Mr. Chair, Commissioners. For the record, Javier Betancourt, with the Miami Downtown Development Authority. March 20, 2009, the DDA (Downtown Development Authority) Board of Directors approved Resolution 19-2009, which I just submitted into the record, in support of this project, and we also allocated up to $150, 000 toward its completion. The project is also consistent with the DDA's 2025 Downtown Miami Master Plan which calls for the activation of the FEC (Florida East Coast) slip with tall ship boats. With that, we certainly support this item and urge you to do the same. Thank you. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. You're recognized for the record. Vice Chair Carollo: Before I speak, should we close up public hearing or no? Chair Sarnoff Yeah, we did. We -- I'm sorry. No, I did not. Anyone else from the public wishing to be heard? Hearing none, seeing none, public hearing is now closed; back to the Commission. Commissioner Carollo, you are recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I have a question. I want to verify the City of Miami is going to require to match the $513,255. Where is that money going to be coming from? Mr. Ruano: It's going to be coming from Homeland Defense bond interest ftom Series 1 and 2. Ola Aluko (Director, Capital Improvements): Commissioner, I just want to make a clarification. What my colleague said is correct. For now we're using the Homeland Defense interest bonds in order to move the project forward. But as our DDA colleague just mentioned, the DDA has contributed or has allocated $150, 000. The Bayfront Trust -- the Bayfront Park Trust also has allocated $150, 000. And our Commissioner District 2 has allocated $100, 000; in the total amount of 400, 000. At a later date, we will come back before you and officially accept via City ofMiami Page 96 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 resolution those funds that had been allocated -- well, the DDA and the Bayfront Trust and that will surplant [sic] the Homeland Defense interest that Robert Ruano just mentioned. It will surplant [sic] those dollars. So when everything is said and done, the match will be from DDA, Bayfront Trust, and District 2 quality of life dollars. Vice Chair Carollo: Thank you. Mr. Aluko: You're welcome. Vice Chair Carollo: This is one of these grants where we are receiving 513, 000. However, when I see we're receiving obviously the matching funds, but without touching on the matching funds, when we're receiving grants, right away I -- my first initial reaction is great. We're receiving money from, you know, other governments and so forth; however, I want to point out, and as I mentioned when I spoke about PH 13, once we receive these grants, even though it is good news, at the same time, I want to make sure we have accountability and they are used properly so we don't run the risk of having happen what PH 13 happened where they're misspent and then we have to pay back the money. So I just want to, you know, point that out. I know I mentioned to the Administration as far as from now on having accountability so I just want to point that out. So with that said, I'm ready to vote, Mr. Chairman. I don't know if Chairman Sarnoff has -- I'm sorry, Commissioner Suarez has anything to say. Commissioner Suarez: I just want to briefly say that -- kind of dovetail off of what Commissioner Carollo said. Just because we receive a grant, if it requires matching funds -- it's like I tell my wife, just because something's on sale doesn't mean you have to buy it, you know. So I think we always have to analyze the underlying merits of the expenditure. So, you know, on matters of that sort, obviously, that's important. So that was just my kind of comment on what Commissioner Carollo said. Chair Sarnoff Just to let you -- both of my colleagues know, the eagle has come I think two times to the City ofMiami. One time, I'm sorry. I know I was there for the one time. I thought I missed the other one. It took -- I would have told you -- heaven and earth for Peter Hernandez and Robert Weinreb to find -- I don't know, was it a movable bollard or some sort of -- Pedro G. Hernandez (City Manager): We had to borrow dead men from the Port ofMiami in order to be able to tie the eagles to the dead men, which are large pieces of concrete, and sort of improvise in order to make it work. And I think it was well worth it, but obviously, we need to be better prepared to receive tall ships in the City. Chair Sarnoff Yeah. And I'd ask you to look at it from two perspectives. First, I don't believe it costs a penny to get on the eagle. And for those of you that don't know what "the eagle" is, it is a -- the Coast Guard's tall ship that is circa, I think, in the 1800s -- no, 1940. Sorry. I wasn't around then. Pete, you were just born, right? No. Just kidding. Mr. Hernandez: Yes. Well, just about. Vice Chair Carollo: Neither were we. Chair Sarnoff But -- right -- the point being it was really a special freat to get on it and if you didn't have a lot of money and you don't have a lot of wherewithal or resource, it was a great day in the City ofMiami. If you'd like to think of it a different way, it also provides you the potential to tie up very big, expensive yachts, take -- and if any of you know the yacht business, what it costs to tie up a yacht on a daily basis would pay for these bollards ten fold in probably less than one year's time, if that's the route you choose to go. But more importantly, if we're always -- if we're going to be a maritime town, and if we're going to be a waterfront community, then we simply need the ability to use what has been described as the most important corridor in City ofMiami Page 97 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 any large city in America and make use of it. Yet, if you look at it right now, the most you'd probably ever see is, unfortunately, an inlet that captures a lot of dirt and not always exhausts it well, and we don't use it at all, and it's right next to Bicentennial and Museum Park, however you'd like to describe it, a park that we hope will be receiving two museums and a lot of energy and a lot of good, walkable fun, probably free for most, cost-effective for some, maybe very expensive for others, good for us in terms of revenues. It was not easy, I want you to know, going into my quality of life funds when the City Manager came to me with a -- I think it was a revolver to my head and demanded $100, 000 from me. And it wasn't easy to use my quality of life money for that. My hat's off to the Bayfront Trust. That happens to be a park I suspect one of you two will be Chairman of. It's now defunded. In other words, it receives no money from the City ofMiami, yet it had the courage and wherewithal to put $150, 000 into it. We also put 150,000 from the City ofMiami. I really got to tell you, this was some -- this is a circumstance that for a little bit of investment everybody really stepped up. City Manager did a great job of getting everybody together. Robert Weinreb did a great job of putting together what will, I think, be the very beginning linchpin of the City ofMiami waterfront and will make us attractive to a great many spectator sports, including the Volvo series, if we ever choose to do it. So I really encourage my Commissioners to support this because the little bit of money we're spending is very well -spent money. With that said, I'll call the vote. Mr. Hernandez: Mr. Chairman, if you'll allow me 30 seconds. Mr. Weinreb -- Chair Sarnoff It wasn't loaded. I know, Pete. Mr. Hernandez: No. Mr. Weinreb just informed me that the eagle came to the US (United States) as a spoil of war, World War II. It was a German vessel christened by Hitler. Chair Sarnoff That's right. I should have known that. All right, so we have a motion. We have a second. I hope we have an enthusiastic yes across-the-board. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff There you go, boys. RE.12 09-01244 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT," AND APPROPRIATING FUNDS, IN THE AMOUNT OF $4,742,300, CONSISTING OF A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF ENERGY, WHICH WILL BE USED TO IMPLEMENT ENERGY EFFICIENCY RETROFITS ON CITY OF MIAMI BUILDINGS, TO COMPLETE THE CONSTRUCTION OF THE MIAMI GREEN LAB, AND FOR ADMINISTRATIVE COSTS AS ALLOWED BY SAID GRANT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSISTANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01244-Legislation-SUB.pdf 09-01244 Exhibit 1.pdf 09-01244 Exhibit 2.pdf 09-01244 Exhibit 3.pdf 09-01244 Exhibit 4.pdf 09-01244 Exhibit 5.pdf 09-01244 Exhibit 6.pdf 09-01244 Summary Form.pdf City ofMiami Page 98 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0550 Chair Sarnoff All right. Now we have RE.12. Robert Ruano: Commissioners, again, Robert Ruano, director of Grants Administration. RE.12 is a resolution establishing a special revenue project entitled "Energy Efficiency and Conservation Block Grant," in the amount of $4, 742, 300 consisting of a grant award from the US (United States) Department of Energy, which will be used to implement energy efficiency retrofits in the City ofMiami and to complete the construction ofMiami Green Lab and for administrative costs as allowed by the grant. And you should note there was a substitution item which was submitted to everyone. The substitution was a minor change in the resolution where it just didn't break it out for the purposes of the grant, the amount. So it just says 4.742300. Chair Sarnoff All right. We have a motion? Commissioner Suarez: I move to pass the item. Chair Sarnoff Do we have a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right, let me open a public hearing. Anybody wishing to be heard on RE.12? Hearing none, seeing none, the public hearing is closed; back to the Commission. Commissioner Carollo, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Again, I want to just mention what I mentioned during RE. 11. We're receiving this grant, if we all approve, and it sounds great, but again, I do not want to be in the same situation that we were in PH 13. I want accountability. I want to make sure that the grants are used appropriately, and if they are not, I want accountability. I want to know why, who messed up, why they messed up and so forth. Because, again, we're receiving money, sounds great. However, that occurred also during PH 13. We misused the money, they denied the money, and we have to give back the money, which means we spent the money however and now we have to produce the money. So, once again, it's just to go back on what I mentioned to George Mensah during PH 13. I would suspect we're going to approve this resolution, and I'm just looking for accountability starting now. Mr. Ruano: Yes, sir. Chair Sarnoff All right. So we have a motion -- I'm sorry. Commissioner Suarez? All right, we have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): And that is on a modified resolution. Chair Sarnoff Modified. As modified, Madam Clerk. RE.13 09-01295 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE Attorney COUNTY TO ENACT PROCEDURES TO ALLOW THE DEPARTMENT OF City ofMiami Page 99 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Votes: ENVIRONMENTAL RESOURCES MANAGEMENT LICENSE FEES TO BE PAID IN INSTALLMENTS; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 09-01295 Legislation.pdf 09-01295 Memo.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item RE.13. RE.14 09-01298 RESOLUTION Office of the City Attorney A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY CHAPTER 164 FLORIDA STATUTES, IN CONNECTION WITH MIAMI-DADE COUNTY'S REFUSAL TO PAY PARKING SURCHARGE FEES TO THE CITY OF MIAMI, AS STATED HEREIN. 09-01298 Legislation.pdf 09-01298 Memo.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item RE.14. RE.15 09-00940 RESOLUTION Civilian A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Investigative Panel ATTACHMENT(S), APPROVING THE TOTAL ANNUAL BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, IN THE AMOUNT OF $464,000, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00940 Legislation 11-19-09.pdf 09-00940 Exhibit 1 11-19-09.pdf 09-00940 Exhibit 2 11-19-09.pdf 09-00940 Cover Memo 11-1-9-09.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item RE.15 was deferred to the Commission meeting currently scheduled for January 14, 2010. Chair Sarnoff All right, RE.15. Thomas Rebull: Good afternoon. Chair Sarnoff Good afternoon. Mr. Rebull: Mr. Chair, Commissioners. My name's Tom Rebull, on behalf of the City ofMiami City ofMiami Page 100 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Civilian Investigative Panel, although I also am a taxpayer at 1818 Southwest 15th Street. This is a resolution regarding the Civilian Investigative Panel's budget. There are two entities in the City ofMiami whose importance was so significant that the voters themselves created them. One is the Office oflndependentAuditor and the other is the Civilian Investigative Panel, which was created by over 70 percent of the voters. Oh, and Mr. Mayor, good afternoon. The former addresses the need of the citizens for financial integrity and the CIP (Civilian Investigative Panel) addresses the long-standing need and demand by the citizens ofMiami for impartial and independent police accountability. The CIP is very much aware of the financial problems the City is having. This does not, however, negate or minimize the continuing commitment of the citizens to independent police oversight. To the contrary, in its short existence the CIP has investigated hundreds of cases alleging police misconduct and has interacted with the citizens in such a way so as to instill and enhance confidence in the system, even when they disagree with the outcome reached by Internal Affairs or indeed the CIP itself. Irrespective of the outcome, complainants and the citizens want to be assured the complaints of police misconduct are fairly investigated and concluded as such. In its short history -- and I've been with the CIP from the very beginning, one of the original panel members -- we have made numerous policy recommendations to the Miami Police Department, recommendations that affect police policy, practices and procedures to safeguard the rights of citizens who come in contact with Miami police officers and eventually lead to a decrease in likelihood of lawsuits. In fact, at one of my previous appearances we showed the cost to the City both in litigation costs and payouts of settlements for claims of police misconduct, and we hope that we play some role in minimizing that financial impact to the City. An example is the Miami Police Department at one point had proposed changing a policy to allow for body cavity searches by police officers. The CIP went on record and it was published in the media opposing such a policy, and it worked and the Miami Police Department decided that it wasn't going to implement that policy. The CIP and the work that we have is seriously threatened by the budget cuts that have been implemented. Our staff we have reduced our staff from nine people to four people. The remaining staff has assumed the responsibility, and everybody's being asked in private sector and public sector to do more with less. And we're no different. The remaining staff has assumed the responsibilities of the departed staff members and is resolutely committed to fulfilling the mission of the CIP. Notwithstanding that resolve, the mission of the CIP is hampered in our ability to make policy recommendations and investigate complaints is hampered by the reduction -- the 50 percent reduction in our budget which occurred. The City Commission can assure that the will of the citizens is not undermined by a lack of resources for the CIP to do what is expected by the citizens. The CIP needs an additional $43, 000. And on behalf of the CIP, we would ask the City to approve an additional $43, 000 for its budget. We have a budget of $464, 000 now. One of our employees was rolled back. The City has rolled back, and she comes in at a salary of $85, 000. We want to put her in an investigative position which is budgeted at $46, 000. That creates the approximately $43,000 difference between what we've budgeted for that position and what her rollback salary is at her previously classified position. Unless there are any questions or -- Chair Sarnoff No. Anybody have any questions of the chair? No. All right. Do we have a motion? Vice Chair Carollo: I have a question. Chair Sarnoff Let's take this as a question -and -answer before we do motions. Go ahead. Vice Chair Carollo: What this resolution is, we're going to be voting on a budget of 464, 000? Chair Sarnoff That's correct. Vice Chair Carollo: And that's with the rollback, correct? Mr. Rebull: No, that's without the rollback. City ofMiami Page 101 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Vice Chair Carollo: That's without the rollback. Mr. Rebull: We're asking for the $43, 000 additionally to cover. Vice Chair Carollo: Additionally to the 464? Mr. Rebull: Correct. Vice Chair Carollo: That's what thought originally. Mr. Rebull: Correct. Vice Chair Carollo: But what we have right now is a resolution for 464? Chair Sarnoff Correct. Vice Chair Carollo: I actually thought you could cut from that budget. I didn't want to get into numbers, butt was looking for next year, you know, areas thatl thought, you know, maybe we could cut. And you actually want an additional 43,000? Chair Sarnoff I have a question, Mr. Manager. Do we --? I apologize, if you don't mind? Vice Chair Carollo: No. Chair Sarnoff Do we do a line item? In other words, are we approving their line item, or are we merely giving them a gross sum of money and asking them to act as fiduciaries to the citizens ofMiami and use the resources that we give them in their best judgments? Pedro G. Hernandez (City Manager): In my -- Chair Sarnoff That was a loaded question, huh? Mr. Hernandez: -- opinion, the City Commission authorizes a lump sum amount for the CIP to operate for the year and they use it as they see fit, the best utilization of resources available to them. That's my opinion. Julie, I don't know if you have -- Chair Sarnoff While she's reading -- and I don't want to let her rush because I've been in her shoes. But with regard to their lease, how long is their lease for? What does it go until? Mr. Hernandez: Maybe if Carol Abia could be allowed to speak. Carol? Mr. Rebull: It's a five-year lease and it goes until? CarolAbia: 2013. CarolAbia, interim executive director. The lease goes to 2013. Chair Sarnoff And you presently have more space than you need? Ms. Abia: That's correct. Mr. Rebull: But as a result of the reductions, which were made. Chair Sarnoff No. I have the institutional memory. We let you grow; you grew, and you took on a lease. Has the City --? I know I asked you to do this. I don't know if you've done it yet. Have you contacted the landlord to see about what it would take to end the lease? City ofMiami Page 102 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Hernandez: Commissioners, Public Facilities is following up on that. I don't know if, you know, they have engaged or contacted those people already. But that's something that we need to complete. I don't think it has been completed. Chair Sarnoff Would you have room in any of your City facilities, including the MRC (Miami Riverside Center), to house -- what did you need, 4,000, 3,000 square feet? Ms. Abia: That's correct. We would need about half of what we have now. We have -- Chair Sarnoff It's six, right? Ms. Abia: That's correct. Mr. Hernandez: So you need -- so, Carol, you need how much? About half of -- Ms. Abia: We need about 2,000 square feet, about. We have currently 4,000, a little over 4,000. So we need about half of that. Mr. Hernandez: Two thousand square feet? Ms. Abia: That's correct. Chair Sarnoff Four employees? Ms. Abia: Four employees, yes. Chair Sarnoff You guys get a lot of space for four employees. Ms. Abia: We do have meetings. We do have a conference room. Of course, we could in some way -- Chair Sarnoff You could share a conference room, couldn't you? I mean, you could share a conference room, correct? Ms. Abia: Yes. We could probably find someplace else where we could use a conference room. Chair Sarnoff No, no, no, no. My point is, ifI were in the private sector and I had four employees, candidly, I don't know if I'd ask for 2,000 square feet ifI was paying the bill. And since I feel like I am paying the bill right now, I don't know that 2000's what you need. But you certainly don't need full-time use of a conference room if you had one made available to you at certain times during the day. Ms. Abia: You're correct, Commissioner. Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Yes, sir. Vice Chair Carollo: In the backup material I see where they've itemized some of their expenses and I've been able -- I've started to look through it. And I was actually looking at for next year 'cause I started seeing where they may be able to cut here and there. I can tell you right now I'm not ready to approve an additional 43,000. Chair Sarnoff Commissioner Suarez? City ofMiami Page 103 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: I'm not ready to approve that, either. Chair Sarnoff All right. Are you -- is this board ready to move forward with the 464 number? Vice Chair Carollo: Question. Chair Sarnoff Go ahead. Vice Chair Carollo: I want to ask the chairman of the CIP, you can operate with 464, correct? Mr. Rebull: I will say to you, Commissioner, the same thing that I said to the budget director. We will do whatever we can with what we're given. Will we be able to investigate the same number of complaints at the same pace that we had been? No. Will we be able to review and recommend policy changes to the Police Department at the same rate? No. And there's a new administration in the police department and possibly the new chief will decide to implement and review policy changes that were made during the tenure of the previous chief. So, you know, difficult to predict the future. Can we do it? Sure, we can do it. It may result in one more person being laid off. It may result in some reorganizations, but it may result in less of a work product from the Civilian Investigative Panel, which we believe is not good for the stakeholders for the City ofMiami. Vice Chair Carollo: At the same time, is it possible for you to actually look at your budget and see where there might be some fat here and there and cut some? Mr. Rebull: Well, I mean, probably -- Vice Chair Carollo: I mean -- Mr. Rebull: -- now is not the time for us to have that dialogue, and I'd be happy -- Vice Chair Carollo: Exactly. Mr. Rebull: -- to have it with you at any time you want to. But we certainly have cut a lot. And I don't have with me, off the top of my head, the history of the cuts that have been made to the CIP, but the most recent one was a 50 percent cut, and obviously, that required a lot of cutting. So -- Vice Chair Carollo: No, I understand that. I understand that. However, you know, it's done in the private sector and the truth of the matter is government needs to get with it and -- Mr. Rebull: Well, that's why I prefaced my remarks by saying I pay taxes in the City, just like you both do. Vice Chair Carollo: Exactly. Mr. Rebull: And I'm sensitive to that. I absolutely am. And I'm in the private sector for my paid job, not my volunteer job, which is this one. Vice Chair Carollo: Exactly. And, you know, in the near future, I'll be glad to sit down with you and so forth. Mr. Rebull: I appreciate that. Vice Chair Carollo: With that said, you know, I could move for the 464. However, I cannot City ofMiami Page 104 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 approve for any more monies. Commissioner Suarez: I'd just like to make a couple comments. One is, you know, I haven't had a chance to speak with you on your budget and your constituent. And I know things have been pretty hectic, you know. So I think in the future it would benefit, you know, your agency to sit with me particularly before -- so that we can go over some of these issues to avoid this coming up at the kind of eleventh hour -- Mr. Rebull: Sure. Commissioner Suarez: -- as it is coming up right now. And I think -- I would appreciate if you could put on the record how you're funded and I think that also could, you know, maybe shed some light on where the 43 additional thousand dollars will come from. And could you --? Mr. Rebull: Well, it's my understanding that it's the general fund where the funds come from. Ms. Abia: That's correct. Carol Abia. We're funded solely from the general fund. Vice Chair Carollo: Now, there's no 43,000 additional dollars. We will have to approve the additional funding, which like I said, and I think Commissioner Suarez also said, we're not ready to do. Mr. Rebull: Right, understood. I heard you. Mr. Hernandez: Commissioner, the general fund allocation of $464, 000 was approved on September 29. Chair Sarnoff That's part of our budget. Vice Chair Carollo: Right. And now we're voting on the resolution. However, not with additional funding. Chair Sarnoff Correct. Commissioner Suarez: The request for additional funding, yeah. Vice Chair Carollo: Right, the request for additional funding. Chair Sarnoff All right. So any further questions, gentlemen? Vice Chair Carollo: No. I'll make a motion to move for the 464. Chair Sarnoff All right. Is there a second? Commissioner Suarez: I mean, again, I'll second for discussion purposes. And I'd simply like to say that haven't had a chance to meet with the executive director on their budget. And I know I was out of town for ten days, so that's my fault. And, you know, things have been happening at a very rapid pace. I'm certainly not blaming anyone. Is this something that has to be approved urgently? Chair Sarnoff We could -- could we defer this to the first January -- meeting in January? Mr. Hernandez: Yes, we can. However, the understanding is that at this point they do have 464,000 approved and that's what they're operating with. The item itself can be deferred for them to come back in January, and then you would give further consideration to their request City ofMiami Page 105 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 today of additional funding. Vice Chair Carollo: Pete, are you saying it can only go down? Mr. Hernandez: No. No, no. What said is that the -- what was approved at the City Commission meeting second budget hearing on September 29 was the amount of 464, 000. In essence, when we bring this item back, if we do, would be to consider their request for further allocation of forty -some thousand dollars. Mr. Rebull: Forty-three thousand. Vice Chair Carollo: Or reduce the 464. Mr. Hernandez: If you -- Vice Chair Carollo: That's a possibility. Mr. Hernandez: -- desire to consider that, yes, sir. That's your option. Vice Chair Carollo: Thank you. Chair Sarnoff I'll leave it to -- it's your pleasure. I mean, I don't want anybody voting for anything that they have not felt like they've properly vetted. I was part of the budget process. Commissioner Suarez: Right, right. Chair Sarnoff We have the scars on our back. Commissioner Suarez: Right. Chair Sarnoff You'll get 'em pretty soon. Commissioner Suarez: I haven't had the opportunity to meet with -- Mr. Rebull: Right. Commissioner Suarez: -- I mean, on this issue. I met with you a million times on other issues and other things. I'd like an opportunity to meet with him. Chair Sarnoff Sure. Commissioner Suarez: I think maybe the suggestion to defer. So I'd like to move to defer this item until, what is it, the first meeting in January? I'd like to move to defer it to the first meeting in January, and I'd like to have an opportunity to sit down with you and go over it individually. Mr. Rebull: Appreciate it. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: I think first you have to withdraw your second and l have to withdraw my motion 'cause there's a motion on the floor. Chair Sarnoff You guys are reading the Clerk well. City ofMiami Page 106 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Priscilla A. Thompson (City Clerk): No. Chair Sarnoff No? Ms. Thompson: Usually, if they don't vote on the motion, it just dies right there because you don't take a vote. You've now introduced a second motion. You vote that motion, and if you want, you can then withdraw the first motion, going from the bottom up. Chair Sarnoff All right. Let's vote on the -- Vice Chair Carollo: Say that again. Chair Sarnoff -- motion to defer. All in favor on the motion to defer the first meeting in January, say "aye." The Commission (Collectively): Aye. Ms. Thompson: No, no. Go ahead. We're focusing on each other. Go right ahead, sir. Vice Chair Carollo: I believe I have to second the motion. Ms. Thompson: Yes. Chair Sarnoff Oh, you didn't second it yet? Vice Chair Carollo: No. Chair Sarnoff I'm sorry. I thought I heard a second. All right. So we have a motion and a second to defer to the first meeting in January. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Now, are what you saying is we need to withdraw the second motion -- the first motion, excuse me? Ms. Thompson: Correct, because you start from the bottom -- Chair Sarnoff All right. Will the seconder withdraw his second? Commissioner Suarez: I think I moved. I'll withdraw my motion. Ms. Thompson: No, no. You were the seconder Commissioner Suarez: Well, then I'll withdraw my second. Vice Chair Carollo: And I withdraw my motion. Chair Sarnoff There you go. Mr. Rebull: Thank you, gentlemen, very much. Thank you. RE.16 09-00451 RESOLUTION City ofMiami Page 107 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY Budgeting, and REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2009. Performance Votes: 09-00451 Legislation 11-19-09.pdf 09-00451 Summary Form.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Please refer to "Order of the Day" for minutes referencing item RE.16. END OF RESOLUTIONS DISCUSSION ITEM DI.1 09-01109 DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES. 09-01109 Summary Form.pdf DISCUSSED Chair Sarnoff Diana, the next time you spend the whole time back there, just kick me and, you know, just say I'd like to get home to my -- go ahead. Ms. Gomez: Diana Gomez, Finance director. This discussion item is presented if accordance with the financial integrity ordinance which requires that I -- that we present the quarterly update of nonreimbursable grant expenditures. For the fourth quarter of fiscal year 2009 which covers the period from July 1, 2009 through September 30, 2009, there was $3, 623, 241.20 reported as nonreimbursable grant expenditures associated with the City's HOPWA (Housing Opportunities for Persons with AIDS) and HOME (Home Investment Partnership Program) programs. These nonreimbursable amounts will be paid to HUD (Department of Housing and Urban Development) from the City's general fund through 2011 as stipulated in the repayment plan approved by the City Commission on June 11, 2009. Chair Sarnoff That's it? Ms. Gomez: That's it. Chair Sarnoff This is what we brought up earlier, correct, in the meeting today? Ms. Gomez: Part of that, yes, was identifying the funding. Chair Sarnoff If ever there's something like this that -- 'cause there was something on the agenda earlier -- try to put them together so you could have said, Commissioner, this is sort of the same issue. It's just we have to report this pursuant to the financial integrity. There's no reason for you to have waited all this time, and I apologize to you. Ms. Gomez: No. It's okay. Chair Sarnoff I just didn't know it. But please be proactive and say to me, look, you know, City ofMiami Page 108 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 RE.3 is really an item that could piggyback off of and it'll save you time and it will help us understand the issue better. Ms. Gomez: Okay. Chair Sarnoff Yes, sir. You're recognized for the record. Vice Chair Carollo: Thank you. And I apologize 'cause I knew it was a related item and, you know, I guess lack of experience. I should have brought it up and mentioned -- as a matter of fact, everything that you've said today has been brought up in prior Commission meetings in one way or another and so forth, correct? Ms. Gomez: That's correct, yes. Vice Chair Carollo: Okay. And I know you're just reporting the numbers, but think you've seen my speech long enough to know or to hear as far as my speech with regards to accountability and not wanting this to continue and so forth. Okay. Commissioner Suarez: I'm unan -- we're unanimous in our apology. Ms. Gomez: Thanks. Not a problem. Chair Sarnoff All right. Now -- thank you very much, Diana. Ms. Gomez: Thank you. Chair Sarnoff By the way, the City Manager owes you lunch. Pedro G. Hernandez (City Manager): Yes. Chair Sarnoff So I'm keeping track by the way. You got four lunches, one dinner, and you owe her one lunch. Mr. Hernandez: And owe -- Chair Sarnoff You might be able to trade one of yours to her. At the end of the year, we're going to see how you do. END OF DISCUSSION ITEM MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER END OF DISTRICT 1 DISTRICT 2 City ofMiami Page 109 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 CHAIRMAN 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 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 E-mail.pdf CONTINUED Chair Sarnoff All right. I think we have covered the agenda, with the exception of my D2 (District 2) issue, and I'm going to table -- not table. I'm going to continue that to the next Commission agenda. Priscilla A. Thompson (City Clerk): December 17. Chair Sarnoff December 17. Ms. Thompson: Thank you. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER City ofMiami Page 110 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 END OF DISTRICT 5 NA.1 09-01428 DISCUSSION ITEM COMMISSIONER SUAREZ RECOGNIZED THE SIXTY-FIRST ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS. DISCUSSED Chair Sarnoff Madam City Attorney, do you want to read --? Priscilla A. Thompson (City Clerk): Chair, excuse me. I'm sorry. I don't think you see -- the Commissioner is trying to get your attention. Chair Sarnoff I'm sorry. Commissioner Suarez: I just would like to make one more statement in the protocol agenda, ifI could, Chairman. Chair Sarnoff Sure, please. Commissioner Suarez: Today is the 61 st anniversary of the signing of the Universal Declaration of Human Rights. And on a yearly basis, the United Nations requests that public institutions, including municipalities, private and public school boards, remind public officials and their staff and students that such an important document was enacted. I'd like to recognize very, very briefly my uncle, Pablo Perez -Cisneros, so you can please stand up. His father was one of the drafters -- Applause. Commissioner Suarez: -- one of the original drafters of that document. And I urge everyone here and those listening and watching to read that document. It's a very historic document in the history of the world. So just wanted to bring that to the attention of the public. Chair Sarnoff You want to bring the uncle -- your uncle up for a photograph? Commissioner Suarez: I think it's okay. Let's go. Chair Sarnoff Any other Commissioners have any other protocol items that they want to bring up? Okay. NA.2 09-01433 DISCUSSION ITEM COMMISSIONER SARNOFF THANKED ROBERT RUANO FOR HIS SERVICE AS DIRECTOR OF GRANTS ADMINISTRATOR & SUSTAINABLE INITIATIVES FOR THE CITY OF MIAMI. DISCUSSED Chair Sarnoff All right. Robert, step up. For those of you that don't know and I don't know if -- Are you going to be here next time? Will you be here? Robert Ruano (Director, Grants Administration): Probably not. Chair Sarnoff Okay. City ofMiami Page 111 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mr. Ruano: I don't have an item right now. Chair Sarnoff RobertRuano's been a -- well, he used to be head of the Green Team. What was your official title then? It was green -- Mr. Ruano: Director of Grants and Sustainable Initiatives. Chair Sarnoff Butl thought you had a green label to it. No? Okay. Robert's leaving us andl will tell you this. My dealings with Robert have been always pleasurable. He's been a great City employee. I think he's probably brought more grants than anyone I can recall in a long time. And I just want you to know you'll be very well missed. Mr. Ruano: Thank you, Commissioner. And keep up the green flame. Keep it burning, and thank you. Good luck. Chair Sarnoff Take care, Robert. Mr. Ruano: All right, good luck to all of you. NA.3 09-01430 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Vice Chairman Carollo of the Bayfront Park Management Trust Chairman Sarnoff of the Downtown Development Authority Chairman Sarnoff of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies APPOINTED AS VICE CHAIRPERSON: Vice Chairman Carollo of the Mayor's International Council Commissioner Suarez of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies Commissioner Suarez of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: Commissioner Suarez of the Miami -Dade County League of Cities Commissioner Suarez of the Greater Miami Convention and Visitors Bureau City ofMiami Page 112 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez of the Metropolitan Planning Organization (MPO) Vice Chairman Carollo of the Miami River Commission Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0554 A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Chairman Sarnoff as chairperson of the Downtown Development Authority. A motion was made by Commissioner Suarez, seconded by Chairman Sarnoff and was passed unanimously, to appoint Vice Chair Carollo as chairperson of the Bayfront Park Management Trust. A motion was made by Vice Chair Carollo, seconded by Chairman Sarnoff, and was passed unanimously, to appoint Commissioner Suarez as a member of the Metropolitan Planning Organization. A motion was made by Chairman Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Suarez as vice chairperson of the Miami Sports and Exhibition Authority. A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Vice Chair Carollo as vice chairperson of the Mayor's International Council. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Suarez as a member of the Miami -Dade County League of Cities. A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Chairman Sarnoff as chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. A motion was made by Chairman Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Suarez as vice chairperson of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies. A motion was made by Commissioner Suarez, seconded by Vice Chair Carollo, and was passed unanimously, to appoint Vice Chair Carollo as a member of the Miami River Commission. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Suarez as a member of the Greater Miami Convention and Visitors Bureau. Chair Sarnoff All right. Now we move to -- if you don't mind, I'd like to get to the Mayor's agenda items, which is the special agenda. Mr. Mayor, is it -- you want to start at the appointments? Or -- is that all right? Mayor Tomas Regalado: Good afternoon. Feels funny here, but (UNINTELLIGIBLE) I want to City ofMiami Page 113 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 apologize. I know how heavy is the agenda and especially for both of you. This is your first meeting and it's going great, have no glitches or anything. But I think that we have several issues that needs to be taken care of and that's why we have a supplemental -- two supplemental agenda [sic]. As you know, we didn't have the meeting in November, so we're having this and on the 17th. There is the need for appointment and, as you know, the Mayor's appointment [sic] are given to the City Clerk. However, I'd like to present to you a case that I think is important to -- if you can and that is your wish today, make certain appointments to certain boards that the members of the Commission chair, and that is the Downtown Development Authority, DDA, the CRAs (Community Redevelopment Agencies), maybe Bayfront Park, the vice chairmanship of Miami Sports and Exhibition Authority. Why? Because we need to move forward. The -- because of the lack of quorum, a CRA meeting has been cancel [sic]. Miami Sports and Exhibition Authority has cancel [sic] also a meeting. Bayfront Trust has not held meetings, and the DDA has been without a chair since November 3. It's been a month now. It's important that MSEA (Miami Sports and Exhibition Authority) meets because we have the tunnel issue. And as you know, Miami Sports and Exhibition Authority owns Watson Island, so it has to deal with the issue of the port and the different arrangements that needs to be made. So we're planning for a very early meeting in January. It's important, the DDA, because we all know what happened here today. I mean, DDA is supporting an important legislation and so we need direction in the DDA. We also need someone at the MPO, at the Metropolitan Planning Organization. I mean, there is a lot of things that are going on, and you know, we don't want the City to look as if we are not participating. So I would ask you, maybe when we're done with this appointments, the Mayor's appointment that you can probably discuss some of these issues and if you wish, I can participate. I'm just going to ask the City Clerk -- Madam City Clerk, you do have the list of appointments that we sent? They're not all, but most of the appointments that you printed in the supplemental agenda, I think that we have tried to make today. So should you read it? And should they vote separately or together? Priscilla A. Thompson (City Clerk): Mr. Mayor, Chair, Commissioners, it is your pleasure. Yes, Mr. Mayor, I have your memo here. If you would like for me to read the items -- Mayor Regalado: Yes, please. Ms. Thompson: -- and go -- we do have to vote one by one. What the Mayor does is he proffers the names for his appointments and then you all go ahead and vote on them. I have my list. He has some -- he has not finished naming all of the individuals on all of the boards, so I'll give you the information on those that are going to be deferred as well. And ifI might, along with the conversation, Mr. Mayor, that you introduced regarding the Commission appointments to boards, while we're doing this, I'll have my staff print up for you the list and the history. This was to be considered on the December 17 meeting, but if you want to go ahead and see that, you know, work from that list, we can do that for you. We'll get that to you while we're going through this. Is that okay? Mayor Regalado: Hey, it's -- I think it's important because -- I mean, I think that all of you, even if you don't have a meeting of the agency that you will be taking on, you need to at least have the documents, meet the people so you know, you know, what to expect. I mean, it's a lot of work and it's sort of -- but it's important that, you know, the agencies of the City are working, moving forward. If -- you know, if we were to say, okay, let's wait for a full Commission, we will wait to late January and there won't be a meeting of any of those agencies, not until late February. So we -- time is -- it's important for the City to move on. So if you consider that, I would really appreciate, so -- [Later...] Chair Sarnoff You want to help us with this? You want to --? City ofMiami Page 114 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mayor Regalado: I sure can. Ms. Thompson: IfI may ask -- want to make sure because I do have some new Commissioners on the dais. What we passed out for you is an actual cover memo of the boards, committees, agencies, and trusts that are now needing to be considered for appointments. What we also included for you was who was holding the position as of the last resolution, so when the Mayor spoke, he talked about making certain appointments, so I wanted to try and ease this along in find out if you wanted to just let me know which ones or we'll just go through the list and decide how you want to do it. Mayor Regalado: I think, personally, and with your input and whatever you think, we're still missing two Commissioners, so it wouldn't be right to do the whole list of appointments that a lot of Commissioners would have to attend to. We have -- listen, we have many, many, many important assignment, you know, and some of them, they sound like great. Some of them sound different, butt will tell you that the Commercial Solid Waste Management Committee is important. It doesn't sound that nice, but it's important. So the Greater Miami Conventions [sic] and Visitors Bureau appointment is an important -- incredible important appointment. We facilitate more than 40 percent of the budget, the City ofMiami does, to the Greater Miami Conventions [sic] and Visitors Bureau, and we need to have a person that will say, well, you know what, we want the marketing for the City ofMiami. The Miami River Commission is very important. It has millions and millions and millions of dollars that -- we all saw the dredging. Butl think that if you believe that it's the right thing, we should get on with the business of the DDA (Downtown Development Authority), the CRA (Community Redevelopment Agency), Bayfront Trust, the Greater Miami Convention, the MPO (Metropolitan Planning Organization). It's very important. You know, there is -- there are plans for I-395 that the MPO would address and this would disrupt and affect downtown Miami, so you know, it's important. And we're missing and missing and missing meetings, and the City ofMiami is not present. Personally, I have said throughout the campaign and here at the dais and since three years ago that believe that the area Commissioner for downtown Miami should be the DDA Chairman. It's only logical because there's a -- there is thousands and thousands and thousands of new residents in downtown Miami, and so you have to serve your constituents. You cannot serve your constituents if you don't have a resource that somebody else is using. This is why I say to you that Commissioner -- Chairman Sarnoff should be the DDA president, you know, or chairman, whatever that -- your honor or something is the -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Well, I see that the previous chairman of the DDA -- Mayor Regalado: Was District 3 Commissioner. Vice Chair Carollo: -- was from District 3. However -- Commissioner Suarez: Having said that. Vice Chair Carollo: -- I see that the Bayfront Park Management Trust former chairman happened to be you. Chair Sarnoff It's a good trade. Vice Chair Carollo: I will be willing make a motion to have you serve as the chairperson of DDA. However -- just putting it out there -- City ofMiami Page 115 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff I gather what you're saying. Vice Chair Carollo: -- I will be interested in chairing the Bayfront Park Management Trust. Chair Sarnoff It's a great -- by the way, it's a great board, period. It's a great board to learn how to chair meetings. And it's a very talented board, and they also bite, so be careful with it. Vice Chair Carollo: Now you tell me. Commissioner Suarez: And ifI could chime in myself. I would --I completely agree with Commissioner Carollo and with the Mayor's assessment that the district Commissioner should be the one who's in charge of the DDA simply because I like to think that I know my district, you know, better than anyone else as far as being a Commissioner, and I think the same can be said about each individual Commissioner. And so I'm not as intimately familiar with every nook and cranny of Disfrict 2, and so I wouldn't be educated enough on where the problems and issues of District 2 to, you know, make appropriate decisions on behalf of the DDA. So however -- having said that, one of the things that I would be interested in participating in is the Community Redevelopment Agency. Those are -- that's a board -- or those are boards that administer funds for the redevelopment of some of the worst areas of our community, and you know, I feel passionate about being involved in that, you know, in administering those funds for those purposes, so to the extent that I can throw that out there as well. That's all I have to say. Ms. Thompson: Excuse me, Chair. Just for your edification, all ofyou do serve on the Community Redevelopment Agency. Commissioner Suarez: I understand. Ms. Thompson: Right. All ofyou are board members. And from the -- all of you, you decide the chair and the vice chair, but you do -- all ofyou serve on those boards. Chair Sarnoff Well, why don't we take them one at a time and we'll have discussions? Vice Chair Carollo: Do we all serve on the DDA? Chair Sarnoff No. Mayor Regalado: No. Vice Chair Carollo: That's what I thought. Mayor Regalado: On the CRA. Vice Chair Carollo: Do we --? Ms. Thompson: Just the CRAs. Vice Chair Carollo: Right, the CRA. Right. I think he was meaning the chairmanship. Mayor Regalado: You are -- Vice Chair Carollo: He meant the chairmanship of the CRA. Ms. Thompson: Oh, okay. Commissioner Suarez: Just throwing it out there. City ofMiami Page 116 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mayor Regalado: Okay. But you are board members of the Community Redevelopment Agency. Vice Chair Carollo: Right. We are the board. Mayor Regalado: You are the board. You are the board of the Midtown Community Redevelopment Agency. Commissioner Suarez: I appreciate the clarification. You know, that does help. Chair Sarnoff Let's start with the DDA. Is there a motion for the DDA? Ms. Thompson: Chair, ifI might. What we normally do, you go -- make one motion, so if you want to proffer your names for each one of the boards, and at the end we'll vote on them. That makes it much easier. We just handle it as one resolution. Is that okay? Chair Sarnoff In other words, that -- Mayor Regalado: I think -- personally, I think you should handle one at a time -- Vice Chair Carollo: Yeah. Mayor Regalado: -- because you know -- Vice Chair Carollo: That could get -- Mayor Regalado: -- I know that you all understand that there are two empty seats, and although we need to get the City moving -- and this is why I mention MPO, Commissioner Suarez, and this is why I mention Bayfront, Commissioner Carollo, 'cause they need to get moving. And I would hope that probably we can tonight here get three assignments, for instance, DDA, Bayfront Park, MPO. If you want or -- Commissioner Suarez: And you know, I was just throwing something out there. It doesn't mean I'm necessarily -- Mayor Regalado: No, no. Commissioner Suarez: -- the most qualified person for that, so I just -- Mayor Regalado: No, no. All of you -- Commissioner Suarez: Right. Mayor Regalado: -- all of us can be -- Commissioner Suarez: Sure. Mayor Regalado: -- qualified, but what I was saying is that since we have -- and actually, as you know, we have two CRAs -- Commissioner Suarez: Right, right. No, no. I -- Mayor Regalado: -- and -- but only -- Commissioner Suarez: -- just throwing it out there. City ofMiami Page 117 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Mayor Regalado: -- one chairman -- Commissioner Suarez: Of course. Mayor Regalado: -- one chairperson. Chair Sarnoff Well, we historically have done one, but I'm not sure that -- Mayor Regalado: I'm not sure either. Chair Sarnoff Right. Mayor Regalado: I was going to say -- Chair Sarnoff -- it wouldn't be necessarily a bad -- Commissioner Suarez: That's fine. I don't have a problem. I don't -- Chair Sarnoff I didn't mean to interrupt you. I apologize, Mr. Mayor. But I'm not sure -- Commissioner Suarez: Yeah, yeah. Chair Sarnoff -- this is not necessarily a bad idea to break it. Mayor Regalado: I'm not sure either because -- I mean -- and you, Commissioner Suarez, you have been -- Commissioner Suarez: I just have an interest in it, but it's not, you know -- Mayor Regalado: -- at the CRA meeting and Commissioner Carollo also have been at the CRA meeting, and what you will hear from the executive director is saying, well, you cannot spend the money of Omni in the Overtown/Park West CRA or vice versa. So I think it's something that you all need to discuss. I think it's a very intelligent proposal of having two chairmanships, two vice chairmanships 'cause that way everybody shares -- Chair Sarnoff Right. Mayor Regalado: -- the -- so I guess that that will have to be done in the next meeting or so. I don't know. I just think -- Commissioner Suarez: I don't have a problem doing that. Chair Sarnoff Well, let's get started. Let's -- Vice Chair Carollo: Right Chair Sarnoff Is there a motion for the DDA? Vice Chair Carollo: Yes, there is. I make a motion that Chairman Sarnoff becomes the new chairperson of the DDA. Chair Sarnoff Is there a second? Commissioner Suarez: I second that motion. City ofMiami Page 118 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Let's go to the Bayfront Trust so somebody doesn't feel slighted. Is there a motion for the Bayfront Trust? Commissioner Suarez: I'll make the motion, yes, to have Commissioner Carollo be the chairman of the Bayfront Trust. Chair Sarnoff I second that motion. Vice Chair Carollo: There is a motion. We have a second from Chairman Sarnoff. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any nays, have the same right, say "nay." Nope. Chair Sarnoff Is there a motion for the MPO? That's a very interesting board. Now, let me just give you guys a little bit of heads up on the MPO. Mayor Regalado: You need to. You need to give them the heads up. Chair Sarnoff Well, here's the problem with the MPO. There are times you absolutely have to be there. And here's the bad news. The MPO meets -- Mayor Regalado: On Thursday. Chair Sarnoff -- when we meet as Commission, so you do miss some time sitting on this dais. And sometimes when our meetings don't occur, you obviously can go and it's not a problem. The MPO always votes, I believe, once a year for when they're going to set their meeting. It always seems like they like to nail the City ofMiami because they always seem to set their meetings at the time that we have Commission meetings. However, that being said, the MPO, you could argue, is the most important board, especially with stimulus dollars coming down, and it is a board that you will be sitting on -- we maybe want to consider having the Mayor on this one, if he'd like to throw his hat in. Mayor Regalado: No. I -- you know, I think it's important to get the Commission engaged, and I suggested the MPO and the DDA and the Bayfront Park as agencies that we need to get moving on it. Chair Sarnoff Right. Mayor Regalado: So -- I mean, if you don't like it, I'll -- in three or four month or five month, I'll take it, but I think it would be good to have you as a representative of the City in the MPO. Commissioner Suarez: I -- Mr. Mayor, I absolutely defer to your 13 years of knowledge of the City versus my two weeks, so -- Chair Sarnoff Let me just say this to you, Commissioner. I think you'd find it a fascinating -- first off if you go down to County Hall, you'll find it a fascinating place to be. You will be -- Commissioner Suarez: Yeah, yeah. I -- I'm excited about it. City ofMiami Page 119 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Okay. Mayor Regalado: So, if you are excited -- Commissioner Suarez: I'm excited about the possibility of -- yeah, yeah. Mayor Regalado: -- we are excited. Chair Sarnoff So let -- we'll let you make -- well, would someone want to make a motion for the MPO? Vice Chair Carollo: I make a motion that Commissioner Suarez becomes representative for the MPO. Chair Sarnoff I second that motion. Commissioner Suarez: Let's call it to vote. Vice Chair Carollo: All in favor, say "aye." Chair Sarnoff We got to send him to school. Commissioner Suarez: What was that, same right say "nay" in opposition? Ms. Thompson: Actually, we have a mover and a seconder. Commissioner Suarez: Right. Ms. Thompson: Now you can go ahead and call your vote. Commissioner Suarez: I call the vote. Chair Sarnoff All right. The Commission (Collectively): Aye. Ms. Thompson: Thank you. Mayor Regalado: And thank you. Vice Chair Carollo: Say that it passed. Mayor Regalado: And you know -- Vice Chair Carollo: It passed. Passed unanimously. Commissioner Suarez: Motion passed unanimously. What was it, same right -- Mayor Regalado: I think it's important -- we still have important -- what I would ask from you, if you next week can appoint some members -- remember, you can appoint yourself to Miami Sports and Exhibition Authority. You can appoint yourself and one other member. If you next week can make an appointment to Miami Sports and Exhibition Member [sic], then we will have a quorum to do the first meeting early January. City ofMiami Page 120 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Let's get MSEA (Miami Sports & Exhibition Authority). Let's do MSEA now. Mayor Regalado: I'm sorry? Chair Sarnoff Could we do MSEA now? Do you mind if we do MSEA now? Mayor Regalado: No. Because if you appoint yourself or if you appoint somebody -- we need six for a quorum. Vice Chair Carollo: And each Commissioner gets two appointments, I believe? Mayor Regalado: If you don't appoint yourself, but if -- you have two appointments. Vice Chair Carollo: Two appointments. Mayor Regalado: You can be yourself and an appointment or you can appoint two residents or two persons. I mean, it's -- Chair Sarnoff I'm going to make -- Mayor Regalado: We just need a quorum. Chair Sarnoff I'm going to make a motion. I'm going to make a motion that Commissioner Suarez and Commissioner Carollo be appointed to the Miami Sports and Exhibition Authority. Commissioner Suarez: I'll second your motion. Chair Sarnoff All right. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Yes. Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? Ms. Thompson: Yes. You are appointing Commissioner Suarez and Carollo. You need to identify one of those individuals as your vice chairperson. We normally would have one. Chair Sarnoff Commissioners -- I make the motion that Commissioner Suarez be the vice chair. Vice Chair Carollo: I have a question, Madam -- Chair. Are your two appointments --? Mayor Regalado: Yeah, he has two appointments -- Chair Sarnoff Right, and -- Mayor Regalado: -- because he didn't appoint himself. Chair Sarnoff Right. Mayor Regalado: And you have one appointment and he has one appointment -- Chair Sarnoff Right. Mayor Regalado: -- left. City ofMiami Page 121 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Thompson: No. IfI -- Chair Sarnoff I'm appointed, you'll both be sitting there; then you're going to have an appointment as well. You may not -- sorry; go ahead. Ms. Thompson: -- can clear it up for you. Vice Chair Carollo: Right. Ms. Thompson: What we're handling here are the appointments that the Commissioners are making amongst themselves. Mayor Regalado: That's right. Chair Sarnoff Right. Ms. Thompson: Then you'll have the opportunity as Commissioners -- Chair Sarnoff To appoint. Ms. Thompson: -- to make appointments and you can appoint one of you, but this one is just in the realm of committee and boards that you -- appointments you make in this scenario. Vice Chair Carollo: Right. But it was my understanding that each of us have two appointments to MSEA and that we can actually appoint ourselves so when he's making the appointment -- Chair Sarnoff I'm using all my cards. Vice Chair Carollo: Exactly. That's -- so -- Chair Sarnoff I'll ask you guys for an appointment later. Ms. Thompson: So what is actually happening -- because we're mixing up stuff and I want to make sure -- Chair Sarnoff Right. Ms. Thompson: -- that the Law Department and I are on the same page and the board liaison. Mayor Regalado: Madam -- Chair Sarnoff Right. Mayor Regalado: -- you got to help us out here. It's -- what we're trying to do is get a quorum for MSEA, and I understand what you're saying. What she's saying is that the only thing that you can do now is appoint -- Chair Sarnoff Is appoint Commissioners. Mayor Regalado: -- the vice chair, not the -- Vice Chair Carollo: Exactly. Mayor Regalado: -- members. However, if you give them some latitude, they can appoint City ofMiami Page 122 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 themselves as members if they want to. Ms. Thompson: And this is what we can do. Under this realm, the vice chair; then we handle a pocket where you all can use your -- Chair Sarnoff Right. Ms. Thompson: -- appointments like you normally have -- Vice Chair Carollo: Exactly. Ms. Thompson: -- but as a separate item, okay, as a pocket, if that's okay? Chair Sarnoff So let me withdraw my motion. Let me move to appoint Commissioner Suarez as the vice chair ofMSEA. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Yes. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any nay have the same right -- any opposition has the same right to say "nay. [Later...] Chair Sarnoff Let's finish up 'cause we can do some more things. You wanted the Mayor's International Council. Vice Chair Carollo: Please. Chair Sarnoff Is there a motion for -- to appoint anyone to the Mayor's International Council -- Vice Chair Carollo: To serve as vice chair. Chair Sarnoff -- to serve as vice chair? I apologize. Commissioner Suarez: I'll make a motion to -- for yourself, Commissioner Sarnoff. I'll make a motion that Commissioner Carollo be the vice chair. Chair Sarnoff Okay. And is there a second to that? Vice Chair Carollo: I second that. Chair Sarnoff Any discussion? Hearing none, all in favor? The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Suarez: IfI can express some interest in the Miami Dade League of Cities, which is currently being served by the District 4 Commissioner. I think that would be something that I City ofMiami Page 123 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 would be interested in serving on. Chair Sarnoff Is there a motion to appoint --? Vice Chair Carollo: Yes, there is. There is a motion by myself to appoint Commissioner Suarez into the Miami Dade County League of Cities -- Commissioner Suarez: Thank you. Vice Chair Carollo: -- as a member. Commissioner Suarez: Thank you. Chair Sarnoff All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Let me just make another statement on the CRA. I guess I wasn't -- you know, I've only been on the job for two weeks, so I wasn't a hundred percent, you know, apprised of you know, the fact that all Commissioners have a seat on there. I just want to have an involvement in that board. Just want to state that for the record. Chair Sarnoff Let's talk about the CRA because it -- we all serve on that board. Commissioner Suarez: And I think it's a critical thing that it get, you know, moving forward. Chair Sarnoff And -- yeah, that board does need to move forward, and that board needs a new day. There has been historically not a lot of accountability on that board and a lot of agendas served on that board. I think there needs to be some real fiscal responsibility toward that board, and I think the ideas need to be a little loftier and I think they need to be a little more profound if we're ever going to create economic development. I'd like to nominate myself as the -- offer my nomination to you as the director for both the Omni and for the Southeast Overtown/Park West CRA. Commissioner Suarez: I'd just like to say that I think that's a good suggestion not only because it requires a fiscal responsibility, Commissioner, that -- Chairman, that you are mentioning 'cause I think we're all here; we've demonstrated in the Commission meeting that we really, really care about fiscal responsibility, but I think, in addition to that, you've been the only person here on this dais who's actually served as a member of the CRA, so I think -- Chair Sarnoff And mostly in losing votes too. Commissioner Suarez: Right. -- it only makes sense that, having the Commission composition that we have at this moment, you be nominated the chairman for both of those CRA boards, so I will make the motion that you be the chairman of both those CRA boards. Vice Chair Carollo: I second. Chair Sarnoff We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff We need a vice chairman of that board, and vice chairman's an active position. Is there anyone who would like to nominate for vice chairman? City ofMiami Page 124 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: I think, ifI can make a suggestion, maybe we can split up for the remaining, you know --I assume both boards have a vice chairman? Chair Sarnoff They do. Commissioner Suarez: Okay, so I'll defer to you, Commissioner Carollo. Chair Sarnoff One -- Ms. Thompson: I think need -- we need to check with the Law Department because I don't know how the ordinance is written for Overtown Southeast/Park West -- I don't know if they work together, as both are not individual, if you know what mean? Julie O. Bru (City Attorney): At this time the Board, the Commissioners serving ex-officio as members of the CRA boards, the -- serve for both the Omni and Overtown/Park West redevelopment boards; and when you have meetings, it's meetings of the both agencies. I heard talk earlier this evening about perhaps splitting those, but at this time you're considering it status quo and you're determining that -- Chair Sarnoff Well, you're -- Pedro G. Hernandez (City Manager): For the chairmanship. Ms. Bru: -- for the chairmanship, right? Chair Sarnoff -- say -- well, the chairmanship was decided. But you're saying past practices was one chairman, one vice chair. I don't -- Ms. Bru: Correct, because the board -- the -- when the Overtown -- Chair Sarnoff That's past practice, right? Ms. Bru: Right, right. Chair Sarnoff I don't dispute that. Ms. Bru: Right. Chair Sarnoff But my question to you is is that by ordinance, is that by law, or is that just by past practice? Ms. Bru: I'd have to look and see whether it was, you know, rules of order that the board adopted. I don't think that's in the interlocal agreement, but we can check on that. Chair Sarnoff And so for purposes of right now, then I'm going to make a motion that Commissioner Suarez be the vice chair of the Omni and Southeast Overtown/Park West board. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: I will second that. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Having no discussion, all those in favor, say "aye." Commissioner Suarez: Actually, you know what, I just want to thank the Chairman for that, City ofMiami Page 125 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 having expressed my interest in serving on that board in an, you know, involved capacity. I want to thank the Chairman and Commissioner Carollo, who seemed like he was about to vote in favor for entrusting me with that responsibility. Chair Sarnoff I think, when the new Commissioners come on, there's going to be another conversation and that conversation will come. I think for right now you all -- you don't know it 'cause -- you know what you've learned in the past two weeks. This City has come to a small halt and it needs to move. And there are people waiting out here, P&Z (Planning & Zoning) that are thinking to themselves I could have been out of here four hours ago, and they're not wrong. And it's because we're always stuttering, and it's not our fault, but it's because we have not had -- the engine's shut down and it's taken a long time to prime the pump, so to speak. So I think we probably have done enough, unless somebody wants more. I was on the GMCVB, Greater Miami Convention Visitors Bureau; I never attended a meeting, I'll have to concede that, but the Mayor is absolutely right; I should have; I never did. So if there's an interest in that, you let me know right now. Okay. Then let's leave -- Vice Chair Carollo: Let's finish the vote on -- Chair Sarnoff Didn't we vote? Vice Chair Carollo: No. Right when we were about to vote or I was about to say "aye," Commissioner Sarnoff [sic] wanted -- so let's finish that. All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the rights -- same right, say "nay." Motion passes. Chair Sarnoff All right. Ms. Thompson: So, Chair, I just want to make sure. Are we now completing those appointments to those boards? Chair Sarnoff I think we have, Madam Clerk. I think we left some boards open, and I think, to some degree, we're going to be revisiting some of these issues, but I think for right now we're done. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I don't mind waiting till next Commission meeting or so forth. Miami River Commission, I know it was served from District 3 for a very long time. I actually know that the County Commission -- Commissioner Bruno Barreiro also serves there. We have overlapping districts and so forth. I think it will be fitting ifI serve on the Miami River Commission since the Miami River goes through the district. Chair Sarnoff Gotcha. Is there a motion? Commissioner Suarez: Yeah. I'll make the motion. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. City ofMiami Page 126 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: And if you want to continue to actually do some work here -- Chair Sarnoff Go ahead. Commissioner Suarez: -- I would -- since no one kind of seemed to express interest on the Greater Miami Convention and Visitors Bureau, just to have another -- Chair Sarnoff It's a good board. Commissioner Suarez: -- thing filled, I would -- Chair Sarnoff All right. Is there a motion to appoint anyone to the Greater Miami Chamber of Commerce [sicJ? Vice Chair Carollo: Yes. I move to appoint Commissioner Suarez. Chair Sarnoff All right. Is there a second? Commissioner Suarez: Yes. I second. Chair Sarnoff All right. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: By the way, thank you. Thank you, Chairman. Thank you, Commissioner Suarez. Ms. Thompson: Chair, ifI may ask your indulgence because I want to make sure that have recorded this properly? We have for the Downtown Development Authority as the chairperson Commissioner Sar -- I'm sorry; Chair Sarnoff; Bayfront Park Management Trust, we have as the chairperson Commissioner Carollo; Metropolitan Planning Organization, MPO, Commissioner Suarez serving as the City's representative; Miami Sports & Exhibition Authority, Commissioner Suarez is serving as our vice chairperson. And then you had a non -agenda item on your MSEA, all right, and that would have appointed Commissioner Carollo as your member on there, okay. Number -- well, Mayor's International Council, we have Commissioner Carollo as your vice chairperson. Then on the Miami Dade League of Cities, we have Commissioner Suarez as a member; Southeast Overtown/Park West Omni Community Redevelopment Agencies: As the chair, we have Chair Sarnoff, and as the vice chair, we have Commissioner Suarez. Your Miami River Commission: Your Commissioner Carollo will be serving as your member. And then in the Greater Miami Convention and Visitors Bureau, we have Commissioner Suarez serving as the City's representative. Did I get those right? Chair Sarnoff That's what have, Madam -- Vice Chair Carollo: Yes. That's what have. Ms. Thompson: Thank you. Chair Sarnoff All right. Let's move on to the -- let's do the P&Zs (Planning & Zoning), and ifI recall correctly -- City ofMiami Page 127 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Commissioner Suarez: Commissioner Sarnoff can I request at this point that we take maybe a five-minute --? Chair Sarnoff Oh, yeah, I'm sorry. We did say we'd do that . Let's take -- Commissioner Suarez: Five minutes is fine. Chair Sarnoff Tell you what -- no, no, no -- let's come back at 6. Give yourselves a little time. Vice Chair Carollo: Thank you. Commissioner Suarez: Thank you. Vice Chair Carollo: Thank you. Chair Sarnoff Sorry. Commissioner Suarez: It's okay. NA.4 09-01432 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Carollo Chairman Marc David Sarnoff Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0562 Chair Sarnoff Now, as a pocket, can I appoint Commissioner -- Vice Chair Carollo: Passed unanimously. Chair Sarnoff -- Carollo? Priscilla A. Thompson (City Clerk): Yes, sir. Chair Sarnoff All right. So now I move to appoint Commissioner Carollo. Commissioner Suarez: I second the motion. Mayor Regalado: Okay. Chair Sarnoff I'm getting us a quorum. Mayor Regalado: Then we got a quorum. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? It's seconded City ofMiami Page 128 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 by -- Commissioner Suarez: Yes. Vice Chair Carollo: -- Commissioner Suarez. Commissioner Suarez: There is a second. Vice Chair Carollo: Discussion. Sir, you're using one of your -- Chair Sarnoff You may owe me one some day. Mayor Regalado: He's using one of you, so you'll have two. Chair Sarnoff Right. Commissioner Suarez: Yeah. Mayor Regalado: So you'll have two for the next -- Chair Sarnoff You'll maintain your two. Mayor Regalado: But let me tell you why it's important that we meet on January. Chair Sarnoff He's right. Mayor Regalado: There is a possible resolution to the Chalks. At least there was something that move in the court, and this is important because it's a litigation that has been going on for years. There is also the Flagstone resolution that we are going to deal with the termination of the contract on next Thursday; so by January, 15 days after that, we will know exactly what happened. And then there is the tunnel. They want to break ground, and they need to bring the plans to Miami Sports & Exhibition Authority, so we know where the hole is. And I guarantee you that it's going to be a very lively meeting because, you know, the Children's Museum is going to be impacted in terms of parking. Vice Chair Carollo: I have a question that -- first of all, Chairman Sarnoff, thank you. You know, I appreciate you nominating me, using your -- one of your nominations to nominate me. I have a question. Should I respectfully not accept -- because there's actually something here that I may actually prefer, and -- hold on, hold on, 'cause I want to address the issue. In the -- either today as a pocket item or in the December 17 meeting, I nominate myself as one of my appointments or accept Sarnoffs appointment then so it buys me some time to really read up on everything going up with MSEA, would that be possible? And then we'll be in time to meet in January? Mayor Regalado: Mr. Vice Chairman, the only thing we need is a quorum. I would love to have members of the Commission because you guys are going to have to make decisions later on at this Commission and you will be up -to -speed on that, but you have plenty of time. That's why I asked you on December 17 to either by pocket or by, I don't know, a supplemental or something, Madam City -- Ms. Thompson: It will be on the agenda. Mayor Regalado: It will be on the agenda? Ms. Thompson: Yes. City ofMiami Page 129 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Chair Sarnoff Commissioner, let me make -- Mayor Regalado: So -- Chair Sarnoff -- a recommendation to you. Accept my appointment. The most you'll ever do is owe me an appointment. Vice Chair Carollo: Well -- Mayor Regalado: And -- Chair Sarnoff I mean, that's the worst you'd ever have to do is you'd owe me an appointment to MSEA. Mayor Regalado: -- you know, I still think you guys should really discuss the makeup of the CRA's (Community Redevelopment Agencies) -- Chair Sarnoff Agreed. Mayor Regalado: -- Omni, Midtown. I think, you know, we're starting a new administration. We don't' have to do the things that we did in the past. Chair Sarnoff Right. Mayor Regalado: You know, we just need to think new things, and so I -- you know, I will welcome all of the input that you all have. But just wanted to ask you for your support on the MSEA thing because we need to meet early so by next week, if you all make appointments, you don't have to make all the appointments, but as long as we have a six, seven quorum, we are good to go. And as you know, the Mayor is the chairperson, a Commissioner is the vice chair, and then we have Commissioners and residents. Chair Sarnoff Yeah. Vice Chair Carollo: Right. I think we established the vice chairman, which will be Commissioner Suarez. I would accept your appointment only if you consider the vice chairmanship of the Miami [sic] International Council for me 'cause I'd be really interested in that. Chair Sarnoff Which one? Vice Chair Carollo: Miami -- I'm sorry. Mayor Regalado: The Mayor's International -- Vice Chair Carollo: The Mayor's International Council. Chair Sarnoff Oh, sure. Mayor Regalado: Yes. Why don't we -- you make a motion? Ms. Thompson: Okay. Wait, wait, wait. Chair Sarnoff I'll -- City ofMiami Page 130 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 NA.5 09-01434 Vice Chair Carollo: Okay, hold on. Yeah, yeah, yeah, yeah. Chair Sarnoff Finish this one. Ms. Thompson: Thank you. Chair Sarnoff Let's finish this one. Yes, sir. Vice Chair Carollo: We have a motion on the floor and we have a second. Any further discussion? No discussion. I'll call the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any person in opposition, have the same right, say "nay." Motion passes. Mayor Regalado: Which, by the way, the Mayor's International Council is having a meeting here in the terrace on the 16th with the councils in the City ofMiami. We feel that it's important that they know the new Commission, the new Chairman, the new Mayor; and trust me, everything was donated. No -- Chair Sarnoff We've seen your budget; we don't know how you're able to get coffee up there. Mayor Regalado: And I'm telling you, don't -- I did not spend $25, 000 in coffee. But thank you very much. I really appreciate all your work and we'll see you next week. Chair Sarnoff Okay, thanks, Mr. Mayor. Commissioner Suarez: Thank you, Mr. Mayor. DISCUSSION ITEM DISCUSSION CONCERNING BOARD APPOINTMENTS AND ADVERTISEMENTS. DISCUSSED Chair Sarnoff All right, is there a motion to adjourn? Or does anybody have a pocket item? I apologize. Vice Chair Carollo: Yes. I was going to have a quick pocket item. I was going to do some nominations to a board. However, I'm going to defer on that. I do, however, have a quick question and a request. The question is to Madam City Clerk. My question is -- I am under the belief that any waivers needs a four fifth vote from the Commission, and at this time we cannot have a four fifth, so any nominations to a board that needs a -- requires a four fifth or requires a waiver will be for January? Is that correct? Priscilla A. Thompson (City Clerk): That is correct. You have in the language in your boards, committees, agencies, and trusts general provisions and some specific provisions that say that if an individual needs a waiver for residency, for attendance, and also if they work for Miami -Dade County, that you will have to have a four fifth vote on your waivers. Vice Chair Carollo: Thank you, Madam City Clerk. And my request is -- first, I'd just like to verify -- it's my understanding, in order to take part -- as part of the board of the PAB (Planning Advisory Board) or the Zoning and even the HEP (Historic and Environmental Preservation) board, that needs to be advertised and an application needs to come before you before they can actually sit on one of those boards and be nominated? Ms. Thompson: That is correct. The provisions of the ordinance call for their to be advertisings City ofMiami Page 131 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 for 30 days -- 30-day advertisement period, and then the applications that are received must be available for public viewing prior to the meeting. Vice Chair Carollo: With that said, I respectfully request that you advertise for the PAB and for the Zoning Board. Ms. Thompson: We all -- I don't -- I just want to make sure because you will have openings coming up for HEP as well, so do you want to go ahead with the Historical [sic] and Environment [sic] Preservation Board? Vice Chair Carollo: Sure, go ahead. And is that just for my district or that's citywide? Ms. Thompson: No, no, no, no. Once we advertise, we advertise for all City -- for the whole board. Vice Chair Carollo: Yes. Chair Sarnoff I don't mean to -- and I know you're into price sensitivity, so -- no? But maybe we should wait until the other Commissioners come onboard 'cause you're going to be readvertising again for them. Am I mistaken on that? Ms. Thompson: If they so desire. If they do not want to use the applications that we have on file, then we will open up advertising again. Chair Sarnoff And what does it cost us to advertise? Ms. Thompson: It varies with the newspaper. We normally advertise in three different newspapers. Can you hold on one second? This is my advertising genius. Two thousand -- average cost, $2, 000 for all three papers that we have to put the notices in. Chair Sarnoff Okay. Vice Chair Carollo: I think you just answered my question, that you have to put the notice in. You have to put it in all three? Ms. Thompson: Yes. We have three major newspapers that we have to advertise in. Vice Chair Carollo: Now, remember there is a time factor here because -- should we wait for the other Commissioners? And once again, it'll be an additional 30 days for the advertisement and then -- so. Chair Sarnoff I understand. I'm just pointing it out. I understand. Commissioner Suarez: I'm a little confused as to what exactly we're talking about. Chair Sarnoff PZ (Planning & Zoning) -- Vice Chair Carollo: Madam City Clerk, could you just -- Commissioner Suarez: Clarify. Vice Chair Carollo: -- reiterate what -- Commissioner Suarez: What's up for discussion? I'm a little confused. City ofMiami Page 132 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 Ms. Thompson: Okay. Vice Chair Carollo: Board appointments, some board appointments need -- Ms. Thompson: Right. Vice Chair Carollo: -- special -- Ms. Thompson: If might, this -- we're now having a discussion of an item that is not on the agenda, okay, so we consider that as a non -agenda item that we're having a discussion on, and it has to do with board appointments, upcoming board appointments. Commissioner Suarez: Right. Ms. Thompson: It is my understanding that the Vice Chair would like to make appointments to boards, but there are some that require either waivers, which would be a four fifth, meaning you cannot handle those until -- actually, if you wanted to schedule for the January 28 meeting, you could, okay. The other thing is there are boards that require advertising. You have to advertise for the board, collect applications for those boards so that -- I think what the Vice Chair is trying to do is to make sure that he is able to make some appointments in January, okay -- Vice Chair Carollo: That is correct to those boards. Ms. Thompson: -- for the board -- the Planning Advisory Board and the Zoning Board, and quite possibly, the Historical [sic] Environment [sic] Preservation Board. Vice Chair Carollo: Better known as the HEP Board. Ms. Thompson: Yes. Vice Chair Carollo: What's your thoughts on it, Chairman Sarnoff? Chair Sarnoff I mean, we know we're going to have -- we know we'll have a brand-new District 1 Commissioner. We may have the same District 5 Commissioner and that may not have an impact. This is where we're going to make a little headway. They're not much, I agree, but every two, three, four thousand dollars that we save, you know, it will inevitably -- and maybe we should keep a running total of it. I'm just curious -- every time we remember this, we save a job in Miami or City of Miami employee. You have seen the direction we're heading in the 2009 budget. It's worse than we ever expected. If we can -- you know, if you were to advertise now, you would gain one board meeting. And if we could wait -- when will the new Commissioners be seated? Ms. Thompson: According to the resolution that was adopted, they would be able to take office 12 noon the day after the canvassing of the vote. Chair Sarnoff And when --? Ms. Thompson: Now -- Chair Sarnoff Go ahead. Ms. Thompson: -- the canvassing should be -- would usually be completed by that Friday. And I say usually simply because if we -- while we have no runoff in this one, there is state law that triggers an automatic recount at certain percentages, so that's why I'm just putting in the disclaimers. If everything goes as normal and we finish up on Friday, the Friday after election, City ofMiami Page 133 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 then conceivably they can sit; as of 12 noon on Saturday, they can be sworn in. Chair Sarnoff So, in other words -- we're not going to have a special meeting, so the January 28 meeting would be their first meeting? Ms. Thompson: That's correct. Chair Sarnoff Well, then you know you would be waiting until -- Vice Chair Carollo: February -- Chair Sarnoff You said 30 days advertisement? Ms. Thompson: Yes, sir. Chair Sarnoff So you'd be looking at February 28 the earliest and -- do what you need to do; you're right. Commissioner Suarez: I'm on board with whatever you guys want to do. Vice Chair Carollo: I'll tell you what, I'll wait a week -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- and I'll make a decision in a week. Commissioner Suarez: Sounds good. Vice Chair Carollo: That way we can think about it. Commissioner Suarez: Okay. Chair Sarnoff All right. Okay. Ms. Thompson: So we'll re -entertain this discussion on December 17. Vice Chair Carollo: Yes, ma'am. Chair Sarnoff Got it. Commissioner Suarez: Thank you. Ms. Thompson: Thank you. Chair Sarnoff All right. Motion to adjourn. Vice Chair Carollo: So move. Chair Sarnoff Second? Commissioner Suarez: Second. Chair Sarnoff All right, all in favor? There you go. The Commission (Collectively): Aye. City ofMiami Page 134 Printed on 12/29/2009 City Commission Meeting Minutes December 10, 2009 MOTION A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 135 Printed on 12/29/2009