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HomeMy WebLinkAboutCC 2009-12-17 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 1 4t IYfi9HIPR�CHAU : - YD f}.. Meeting Minutes Thursday, December 17, 2009 9:00 AM REGULAR MEETING CONTINUED AND ADJOURNED ON DECEMBER 22, 2009 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 17, 2009 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEM PH - PUBLIC HEARINGS FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEM 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 1/8/2010 City Commission Meeting Minutes December 17, 2009 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the 17th day ofDecember 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: 05 a.m., recessed at 11: 08 a.m., reconvened at 11: 25 a.m., recessed at 1: 47 p.m., reconvened at 3: 36 p.m., recessed at 6: 41 p.m., reconvened at 7: 08 p.m., and recessed the meeting at 7: 39 p.m. to be continued to Tuesday, December, 22, 2009 at 9:00 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff If possible, I would ask that the -- we don't have our Clerk, do we? Yes, we do -- Clerk do a prayer, followed by the pledge of allegiance by Commissioner Carollo. Invocation and pledge of allegiance delivered. On the 22nd day ofDecember 2009, the City Commission of the City ofMiami, Florida, continued its meeting from December 17, 2009 at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Marc David Sarnoff at 9:16 a.m., and adjourned at 10:08 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk PRESENTATIONS AND PROCLAMATIONS MAYORAL VETOES NO MAYORAL VETOES Priscilla A. Thompson (City Clerk): Chair -- I'm sorry. Vice Chair Carollo: The minutes. Ms. Thompson: Just to keep you in order of your agenda -- Vice Chair Carollo: The minutes. Ms. Thompson: -- before you go into this kind of information, you need to go ahead and state that we have no mayoral vetoes. Chair Sarnoff Sorry. Vice Chair Carollo: Second. Chair Sarnoff Madam City Clerk, are there any mayoral vetoes? Ms. Thompson: Sir, there are none. Thank you. City ofMiami Page 3 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Per request of Vice Chair Carollo, a correction was made on page five (5), paragraph two (2), sentence number three (3). The corrected sentence is as follows: What's fair for possibly two Commissioners or maybe three to appoint someone, or to have the possibility of 28, 000 plus elect their representatives? Priscilla A. Thompson (City Clerk): And then nextly [sic], in order of your agenda, you have the adoption of your minutes. Chair Sarnoff That's right. I apologize. All right, is there a motion to approve the minutes? Vice Chair Carollo: Which minutes? Ms. Thompson: Chair, if you'd like. It's up to the body. You can handle them collectively if you'd like or you can handle them separately. Chair Sarnoff My recollection is that we had minutes that we could not pass from the last meeting that Commissioner Carollo was going to review. Ms. Thompson: Okay. And this is -- Chair Sarnoff Have you had that opportunity? Vice Chair Carollo: Mr. Chairman. Ms. Thompson: This is where we'll be busy all day, if you might. We have minutes on the regular agenda and we have minutes on the supplemental. So if you want to -- you need to just let me know which set of minutes you want to work with for your motion or motions. Chair Sarnoff I want to go back to the first minutes that Commissioner Carollo wanted to review, and that would have been of the December -- Vice Chair Carollo: Eighth. Ms. Thompson: October. Vice Chair Carollo: October 8. Chair Sarnoff October 8. Ms. Thompson: Yes. Vice Chair Carollo: I'll make a motion. I'd like to move to approve the minutes based on the Clerk's assurance that they are correct. And let me explain, Mr. Chairman. Even though I had a City of Miami Page 4 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 chance to review the minutes and I had a chance to review the minutes last time and, sure, I could read through the minutes, but that doesn't mean that can substantiate that that's what happened unless I spent hours and hours in front of the television looking at the actual minutes. With that said, I move to approve them based on the Clerk's assurance that they are correct. Ms. Thompson: We need a second. Chair Sarnoff I think he's looking for your assurance. Ms. Thompson: Oh, I assure you, to the best of our ability, that the verbatim minutes that we provided to you, which we record both electronically and via video, are correct, sir. Chair Sarnoff Do I have a second? Commissioner Suarez: I second the motion. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff All right, the next sequence of minutes would have been the December 10 minutes or was there a special meeting? Ms. Thompson: No. Then on your regular agenda, our next sequence would be the Planning & Zoning Commission meeting of October 22 and the Special Commission meeting of November 25. Chair Sarnoff So let's take the October 22 meeting. Vice Chair Carollo: I move. Chair Sarnoff Is there a second? Commissioner Suarez: I second. Chair Sarnoff All in favor, please say "aye. " Commissioner Suarez: Aye. Vice Chair Carollo: Mr. Chairman -- hold on -- I move to approve those minutes also based -- Commissioner Suarez: Under the same condition. Vice Chair Carollo: -- on the Clerk's assurance with the same conditions. Ms. Thompson: You have the Clerk's assurance. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff All right. Now the next sequence of minutes, Madam Clerk. Ms. Thompson: The next one would be your Special Commission meeting on November 25, and that is when we had our quorum, and all of you did participate in that meeting. City of Miami Page 5 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff All right. Is there a motion on the November 25, 2009 special session? Vice Chair Carollo: I make a motion. However, I have a correction. Chair Sarnoff Go ahead with your correction. Vice Chair Carollo: On page 5, under I guess the second paragraph, the first -- second sentence, where it says "the first thing", there is no "the." And after first thing is "that." Ms. Thompson: We will check that and make sure. Understand, Commissioner, that we prepare our minutes verbatim, so however it's stated -- and sometimes you'll see "sic," S I-C, meaning this is how the person stated it. But we definitely will go back and listen to the FTR (For The Record); we'll look at our archives and make the adjustment as necessary. Thank you. Vice Chair Carollo: Thank you, ma'am. Chair Sarnoff All right, so we have a motion. Do we have a second? Vice Chair Carollo: Mr. Chairman, I have one more correction. Chair Sarnoff I'm sorry. I -- put all your corrections on the record. By the way, this should let everybody know in the City now that the minutes are going to be read carefully. Vice Chair Carollo: Just one other quick one. In the same paragraph, I believe it's the third sentence, we have "elected representatives." It should have been "elect their representatives." Chair Sarnoff And we'll have a nickname from on. We're going to call Commissioner Carollo "Minute Man." Vice Chair Carollo: I don't think -- Chair Sarnoff I give you a lot of praise for this. That's a -- you're doing a great job. Vice Chair Carollo: With that said, I move. Commissioner Suarez: I second the motion. Chair Sarnoff All right, we have a motion; we have a second. All in favor? The Commission (Collectively): Aye. Chair Sarnoff All right, Madam Clerk, the next sequence of minutes. Ms. Thompson: No. That's it, sir. We've done all three of them. Chair Sarnoff Okay. Ms. Thompson: Thank you very much. Chair Sarnoff Thank you. END OF APPROVING MINUTES ORDER OF THE DAY City of Miami Page 6 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Madam Clerk, do we have any protocol items? I don't recall seeing any. Priscilla A. Thompson (City Clerk): I have not received any, sir. Chair Sarnoff Okay. Madam City Attorney, would you read into the record the opening of the meeting? Julie O. Bru (City Attorney): Good morning, Mr. Chairman, members of the Commission, Madam Clerk, members of the public, Mr. Manager. We do have two meetings that have been combined into this one date today. Andl understand from the Chair that there will be items that will be taken out of order. Any person who is a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices are permitted. Please silence those now. Any person making offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability requiring auxiliary aids and services for this meeting may notnj, the City Clerk. The lunch recess will begin at the conclusion of deliberation of the agenda item being considered at noon, unless the Chair indicates otherwise. Chair Sarnoff Thank you, Madam City Attorney. [Later..] Chair Sarnoff RE (Resolution) -- Pedro G. Hernandez (City Manager): Mr. Chairman, if you'll allow me, since we're talking -- Chair Sarnoff You want to -- Mr. Hernandez: -- about deferrals. Chair Sarnoff -- pull some off? Mr. Hernandez: I would like to also ask for your consideration of deferring BC.19, which is a Civil Service Board appointment, to the January 28 agenda. Chair Sarnoff Anything else, sir? Mr. Hernandez: And also would like to defer SP.3. Supplemental agenda item SP.3, defer to January 14. Chair Sarnoff Is that it? Mr. Hernandez: That's it. Chair Sarnoff All right. Mr. Hernandez: Thank you. Chair Sarnoff Is there a motion, gentlemen? Vice Chair Carollo: I make the motion. City of Miami Page 7 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 CA.1 09-01327 Department of Police CA.2 09-01328 Department of Police Chair Sarnoff All right. Is there a second? Commissioner Suarez: I'll second the motion. Chair Sarnoff All right. All in favor, please say "aye. The Commission (Collectively): Aye. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY, FOR A PERIOD OF ONE (1) YEAR, WITH AUTOMATIC RENEWALS FOR TWO (2) SUCCESSIVE PERIODS OF ONE (1) YEAR EACH, FOR THE PURPOSE OF THE CITY OF MIAMI'S CONTINUED PARTICIPATION IN THE ENFORCEMENT OF FOR -HIRE TRANSPORTATION REGULATIONS. 09-01327 Legislation.pdf 09-01327 Exhibit.pdf 09-01327 Exhibit 2.pdf 09-01327 Summary Form.pdf 09-01327 Letter.pdf 09-01327 Pre Legislation.pdf 09-01327 Inter Local Agmt.pdf 09-01327-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0571 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE FUNDING OF THE POLICE ATHLETIC LEAGUE PROGRAM, TO ASSIST WITH EXPENSES RELATED TO THE OPERATION OF THE PROGRAM, IN AN AMOUNT NOT TO EXCEED $250,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001, AND ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 09-01328 Legislation.pdf 09-01328 Summary Form.pdf 09-01328 Affidavit.pdf 09-01328 Certification.pdf 09-01328-Summary Fact Sheet.pdf City of Miami Page 8 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 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-09-0574 Chair Sarnoff Commissioner Carollo, you'll be heard on CA.2. Vice Chair Carollo: CA.2, with regards to the PAL (Police Athletic League), I have a question. Major Steven Caceres: Good afternoon, Commissioners. Steven Caceres, City ofMiami Police Department. Vice Chair Carollo: How many PALs are in the City ofMiami? Major Caceres: How many PAL sites? Vice Chair Carollo: Locations, yes. Major Caceres: Locations, we have the Liberty Square Community Center, Lemon City Library, the -- Armbrister Park is part of it, and Melreese Park, Curtis Park, and Tacolcy. And these are fluent [sic]. These are based on needs, but those are the sites that were forwarded by the major of the Community Relations section who's in charge of PAL. Vice Chair Carollo: I'm not going to give you a hard time, but you're saying that Little Havana doesn't have any needs then, right? Major Caceres: No. We have done programs in Little Havana before when we do the parks. We've done Jose Marti Park in the past, and we've done basketball, football -- Vice Chair Carollo: With PAL? Major Caceres: With PAL, correct. Vice Chair Carollo: Even though the locations are in a different site, you've actually come with PAL and --? Major Caceres: Correct, yeah. And in the past. I'm talking about history, when the -- in the PAL history, we've done events at Jose Marti Park. But you know, like I said, this is fluent [sic] and it changes, so -- Vice Chair Carollo: Okay, right. Major Caceres: -- based on the needs -- Vice Chair Carollo: Right, 'cause you're saying history, and I don't know if that was five years ago, ten years ago or so forth. So I just see allocating $250, 000, which I don't have a problem with. I just want to make sure that Little Havana's not also left out because there are -- there is need there also. Major Caceres: Sure. Vice Chair Carollo: So I just want to put that into the record. And with that said, I'm ready to move. City ofMiami Page 9 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 CA.3 09-01329 Department of Police CA.4 09-01348 Department of Police Chair Sarnoff All right. Is that a motion? Vice Chair Carollo: Yes. Chair Sarnoff All right. Commissioner Suarez: Second. Chair Sarnoff Do we have a second? All right, CA.2, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S ACCEPTANCE OF A DONATION FROM THE UNITED STATES MARSHALS SERVICE, FOR TWO (2) NEW VEHICLES, FOR THE MEMBERS OF THE CITY OF MIAMI'S DEPARTMENT OF POLICE PARTICIPATING IN THE REGIONAL FUGITIVE TASK FORCE, WITH A VALUE OF $50,000; FURTHER RATIFYING THE CITY MANAGER'S EXECUTION OF THE MEMORANDUM OF UNDERSTANDING, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL OTHER NECESSARY DOCUMENTS TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID DONATION. 09-01329 Legislation.pdf 09-01329 Exhibit.pdf 09-01329 Summary Form.pdf 09-01329 Memo.pdf 09-01329 MOU.pdf 09-01329 MOU 2.pdf 09-01329 Invoice.pdf 09-01329 Invoice 2.pdf 09-01329 Invoice 3.pdf 09-01329-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0572 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "2009-2010 VICTIMS OF CRIME ACT (VOCA)", CONSISTING OF A GRANT AWARD FROM THE STATE OF FLORIDA, OFFICE OF THE ATTORNEY GENERAL, DIVISION OF VICTIM SERVICES AND CRIMINAL JUSTICE PROGRAMS, IN THE AMOUNT OF $32,247, AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS IN THE AMOUNT OF $8,062, IN -KIND SERVICES FROM THE CITY OF MIAMI POLICE DEPARTMENT, FOR A TOTAL AMOUNT OF $40,309; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE GRANT City of Miami Page 10 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 CA.5 09-01349 Department of Purchasing AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 09-01348 Legislation.pdf 09-01348 Exhibit.pdf 09-01348 Exhibit 2.pdf 09-01348 Summary Form.pdf 09-01348 Budgetary Analysis.pdf 09-01348 Letter.pdf 09-01348 Grant Application.pdf 09-01348 Certification Form.pdf 09-01348 Program Information.pdf 09-01348 Voca Definitions.pdf 09-01348-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0573 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED ON OCTOBER 19, 2009, PURSUANT TO INVITATION FOR BID NO. 181141, FROM MEDIGREEN WASTE SERVICES, LLC, FOR THE DISPOSAL OF BIO-HAZARDOUS WASTE, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01349 Legislation.pdf 09-01349 Summary Form.pdf 09-01349 Tabulation.pdf 09-01349 Addendum 1.pdf 09-01349 I FB. pdf 09-01349-Summary Fact Sheet.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-09-0575 Chair Sarnoff Now, CA.5. You're heard, Commissioner Carollo, for the record. Glenn Marcos: Commissioner, Glenn Marcos, Purchasing director. I'm here to answer any and all questions. If you would like me to present the actual item, I can. Vice Chair Carollo: I actually have two pretty specific questions. One is, is it up to 43,900? City of Miami Page 11 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Can it go over? And how much over can it go above the 43,900? Because I believe it's estimated at forty-three thousand nine, but -- The estimated total annual contract amount is forty-three nine. Is that a set amount or --? Mr. Marcos: No, Commissioner. The -- you're actually correct. The estimated total annual contract amount for this is $43,900. This contract is on an as -needed, when -needed basis. This is for biohazardous waste for both the Police Department and the Fire Department. The reason why it's estimated is because of the fact that it pertains to incidents such as just accidents that might happen in which you just don't -- you can't predict what might happen and how many accidents you might have within an annual basis. So what you have here is on an as -needed, when -needed basis needs contract. Vice Chair Carollo: Thank you. And my second question was where is the funding coming from? Would it be from Fire or Police Department's budget? Because I don't -- it's not here in - - specified Mr. Marcos: The funding sources will be coming from both departments. Again, at the time of need, they would have to identf those sources of funds. Within the financial software system, if they don't have the funding, they cannot trigger this contract. Vice Chair Carollo: I'll leave it at that. I move the item. Chair Sarnoff All right. We have a motion. Commissioner Suarez: I second the motion. Chair Sarnoff Do we have a sec --? Now we have a second. All in favor on CA.5? The Commission (Collectively): Aye. Chair Sarnoff Okay. Adopted the Consent Agenda 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 Gentlemen, what I'd like to do today is go through the agendas maybe not in the most orderly fashion, but my intention is to allow the Mayor to present to us his issues first. I don't see him right now, so what I'd like to do is open up the regular meeting, go through the consent agenda, find out from you if you have any issues with any of the CAs (Consent Agendas). If so, we'll pull them and discuss them, and otherwise, I'll see if there's a motion for CA.1 through CA.5. Commissioners. Vice Chair Carollo: You want a motion for CA.1 or pull? Chair Sarnoff Well, what we usually do is if a Commissioner wants to pull an item, they can do so; otherwise, I'd take -- I'd entertain a motion to take all the CAs as a combined item and see if we can pass them. Vice Chair Carollo: Right. I'm aware -- City of Miami Page 12 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 [Later...] Chair Sarnoff All right. Gentlemen, let's do the CA (Consent Agenda) agenda. We'll do this -- if anybody has anything they want to pull from CA.1 through 5, please pull it. Vice Chair Carollo: Give me a second, please. Chair Sarnoff CA.1 through 5. Vice Chair Carollo: IfI could pull CA.2. Chair Sarnoff All right, we'll take CA.2. Is there anything else that anybody wants to pull? Can I have a motion for the remaining of CA.1 through 5, holding back CA.2? Vice Chair Carollo: And CA.5. Chair Sarnoff Scratch that. We'll go from CA.1 -- let's get a motion for CA.1, 3, and 4. Vice Chair Carollo: I have a motion to approve the remainder of CA items. Chair Sarnoff All right, there's a motion. Is there a second? Commissioner Suarez: I second the motion. Chair Sarnoff All right, motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. City of Miami Page 13 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 SS.1 09-01323 Office of the City Clerk SPECIALLY SCHEDULED ITEM RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI RUNOFF ELECTION HELD ON NOVEMBER 17, 2009, FOR THE ELECTION OF COMMISSIONER DISTRICT 4. 09-01323 PostElectionAuditReport_D4_Runoff_Nov23_2009.pdf 09-01323 Memo_to_HM_Commission_re_CertifiedD4RunoffResults_Nov24_2009.pdf 09-01323 MDC_CertificationOfOfficialElection Results_D4Runoff_Nov24_2009_3.pdf 09-01323 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 R-09-0576 Chair Sarnoff SS 1. I'll do it for you, Mr. Manager. It's a resolution of the City of Miami adopting Commissioner Suarez as a City Commissioner. Priscilla A. Thompson (City Clerk): Now, on this -- Chair Sarnoff And for all you ladies out there, he's up for adoption. Ms. Thompson: And on a serious note, Commissioners, SS.1 is your final housekeeping measure on your last election, the runoff election for November 17. So with this, you would have adopted the results of that election. Vice Chair Carollo: So move. Commissioner Suarez: I'll second the motion for discussion. No, I'm just kidding. How much time do we have? Chair Sarnoff And by the way, you tell your mom, Rita, I'm sorry. You're not up for adoption. All right, all in favor on SS 1, please say "aye." The Commission (Collectively): Aye. END OF SPECIALLY SCHEDULED ITEM City of Miami Page 14 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 PH.1 09-01370 RESOLUTION Department of Public Works PUBLIC HEARINGS A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "ON THE PARK" 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. 09-01370 Legislation.pdf 09-01370 Exhibit.pdf 09-01370 Exhibit 2.pdf 09-01370 Exhibit 3.pdf 09-01370 Summary Form.pdf 09-01370 NOPH Memo.pdf 09-01370 NOPH .pdf 09-01370 NOPH Memo 2.pdf 09-01370 NOPH 2.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-09-0577 Chair Sarnoff All right. We've gone through the PHs (Public Hearings). Am I correct? We're done with PH, right? Priscilla A. Thompson (City Clerk): No. We have -- Vice Chair Carollo: PH.1 and 2. Ms. Thompson: We still have PH. Chair Sarnoff Thank you. Good catch. All right, PH.1. Bill Anido: Good afternoon. PH.1 -- Well, Bill Anido, assistant city manager. PH.1 is a resolution accepting the proposed plat of "On The Park." The main reason for the plat is to create one tract of land. It includes the vacation of an existing -- a portion of an existing alleyway. Any questions? Chair Sarnoff No. This is a public hearing. I'm going to open it up to the public. I see Vicky Garcia -Toledo there. That's quite a public. Anyone else in the public wishing to be heard other than Ms. Toledo? All right, Ms. Toledo, you're heard for the record. Vicky Garcia -Toledo: Good afternoon. Vicky Garcia -Toledo. Just to brief the new Commissioners, 'cause I think Commissioner Sarnoff will remember this one, this Commissioner City of Miami Page 15 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 -- he alley is being closed, but the alley stays in place. And what occurred is that there was a Major Use Special Permit that was approved about three years ago by the City which calls for building over the alley. The only way to legally do that consistent with the MUSP (Major Use Special Permit) that what was approved was to close the alley on paper, and then give back through the same plat that closes it continued access to all parties and to the public. But we had, at the time of the alley closure, an expert who came to testify about dynamite and trucks and terrorism, and it was quite an animated discussion here, so I think everyone will remember. But this is the housekeeping item on that. Chair Sarnoff All right. Do I have a motion on P --? Oh, public hearing is close -- opened and now it's closed. PH.1, do I have a motion? Vice Chair Carollo: So move. Chair Sarnoff All right. Is there -- Commissioner Suarez: Second. Chair Sarnoff -- a second? Any discussion, gentlemen? All in favor, please say "aye.' The Commission (Collectively): Aye. Ms. Garcia -Toledo: Thank you. Chair Sarnoff Thank you. PH.2 09-01374 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "DAYS INN TRACT, 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. 09-01374 Legislation.pdf 09-01374 Exhibit.pdf 09-01374 Exhibit 2.pdf 09-01374 Exhibit 3.pdf 09-01374 Exhibit 4.pdf 09-01374 Summary Form.pdf 09-01374 NOPH Memo.pdf 09-01374 NOPH .pdf 09-01374 NOPH Memo 2.pdf 09-01374-Submittal-Iris Escarra.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 City of Miami Page 16 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 R-09-0578 Chair Sarnoff All right, PH.2. Bill Anido (Assistant City Manager): PH.2 is a resolution accepting the plat of "Days Inn Tract, " located in the general vicinity of the health district. It is also to create a single tract of land. And it includes vacating two -- partially vacating two utility easements. There's one thing thatl need to note, and that is that there has been an assignment of the existing mortgage, which happened recently, and Ms. Escarra will be discussing that item. Iris Escarra: Good morning, Commissioners. Iris Escarra, with offices at 1221 Brickell Avenue, on behalf of Miami Hotel Investments. We had supplemented the agenda item with one additional sheet, which is the consent of the new bank that was recently assigned between the time that we submitted everything to be placed on the agenda. It was recently assigned from Colonial Bank to Gibraltar Bank, and we've supplemented the item to have the consent of the new mortgagee included in your approval. Mr. Anido: And all of the necessary paperwork was submitted. Chair Sarnoff All right, PH.2. We have a public hearing. It's now open. Anybody from the public wishing to be heard, please come forth on PH.2. Hearing none and seeing none, PH.2, public hearing is closed, coming back to the Commission. Do we have a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff We have a motion from Commissioner Suarez. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion, gentlemen? Hearing none, I'm going to call the question. PH.2, all in favor, please -- Commissioner Suarez: Aye. Chair Sarnoff Wait, wait. Eisenberg's over there. Priscilla A. Thompson (City Clerk): No. We just need to note that there is a substitute -- an additional to this, so it's a modification. You've got your new plat. Chair Sarnoff Correct. With PH.2's additional document. All right. Gentlemen, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Escarra: Thank you. Chair Sarnoff Now I think we are done with the PHs (Public Hearings). And we can go to -- Is Flagstone ready? Are they here? No? All right. PH.3 09-01350 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, AFTER A PUBLIC Capital HEARING, MAKING FINDINGS AND DIRECTING THE ELIMINATION OF THE Improvements CONDITION THAT ACCESS FOR EMERGENCY VEHICLES BE ALLOWED Program AT ALL TIMES THROUGH THE PERMANENT BARRICADES AT THE INTERSECTIONS OF SOUTHWEST 32ND AVENUE AND SOUTHWEST City of Miami Page 17 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 18TH STREET, AND AT SOUTHWEST 16TH STREET AND CORAL GATE DRIVE, IN THE CORAL GATE NEIGHBORHOOD IN THE CITY OF MIAMI, FLORIDA, SUBJECT TO THE APPROVAL OF THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR; DIRECTING THE PERMANENT PROHIBITION OF PEDESTRIAN ACCESS, IN ADDITION TO THE PERMANENT PROHIBITION OF VEHICULAR ACCESS, THROUGH AFORESAID BARRICADES; AUTHORIZING THE CITY MANAGER TO PLACE AND ERECT A WALL ACROSS THE ENTIRE WIDTH OF THE RIGHT-OF-WAY AT THE AFORESAID BARRICADED LOCATIONS; FURTHER DIRECTING THAT CONTROLLED ACCESS FOR EMERGENCY VEHICLES BE PROVIDED AT ALL TIMES THROUGH THE PERMANENT BARRICADE AT THE INTERSECTION OF SOUTHWEST 32ND AVENUE AND SOUTHWEST 19TH TERRACE, MIAMI, FLORIDA, SUBJECT TO THE CONDITION THAT THE TYPE OF CONTROL SHALL BE APPROVED BY THE CITY OF MIAMI DEPARTMENT OF FIRE -RESCUE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE COUNTY TRAFFIC DIRECTOR. 09-01350 Legislation.pdf 09-01350 Summary Form.pdf 09-01350 NOPH Memo.pdf 09-01350 NOPH .pdf 09-01350 Exhibit A.pdf 09-01350 Pre Legislation.pdf 09-01350 Plan A.pdf 09-01350 Letter.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-09-0566 Chair Sarnoff Commissioner, you wanted to bring something up. Commissioner Suarez: PH.3, please. I have members of the association -- the affected association here and they'd like to see if we could hear the item before lunchtime. Chair Sarnoff PH.3. Ola Aluko: Good afternoon. Ola Aluko, director of Capital Improvements, City ofMiami. PH.3 is a resolution authorizing the permanent closure of barricades in the Coral Gate neighborhood permanently prohibiting pedestrian and vehicle access. The resolution authorizes access for emergency vehicles as an alternate location. Chair Sarnoff All right, we have public hearing on PH.3. Anyone from the public wishing to be heard? Rick Ruiz: Yes. Chair Sarnoff Yes, sir. You're recognized for the record. Mr. Ruiz: Thank you, Mr. Chairman, Commissioners. My name is Rick Ruiz. I live at 3150 Southwest 15th Street, homeowner right there next to Coral Gate Park. I was aware of this improvement and wall through a magazine that was sitting in a lobby and reading. I made City ofMiami Page 18 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 efforts to contact the City Manager as well as the Commissioner to voice my opinion in regards to this wall, besides the closures. Mr. Aluko: Excuse me, Mr. Chair. IfI just can make a quick clam -- excuse me, Mr. Ruiz. The resolution is not for the wall. It is for a permanent closure of barricades at the Coral Gate neighborhood. I just wanted to clam that for you. Chair Sarnoff Thank you, Mr. Aluko. Mr. Ruiz: Within your wording it does say "wall" here. And the -- I don't know if you're aware of this wall at all, but we're talking about a 10-foot wall -- Vice Chair Carollo: Yes. Mr. Ruiz: -- that they wish to place. In fact, there's nowhere in the City ofMiami except on US 1 where there's such a wall. No community, no residential community in the City ofMiami, Coral Gables, or anywhere else that I know of has a 10-foot wall. This is a wall that is being placed based on -- that they don't have to go to a special exception because supposedly, as well as the US 1 wall was established, it was through the Public Works. Now don't -- had a domain or they controlled that area because of dedication and they didn't have to go to a special exception or to a variance to have a wall higher than 7 feet, so they could even put it as high as 12 feet. And here we are in a residential community where you're going -- where you have a cemetery to one side, a public park where there is single-family homes basically in all the area except a small portion on 32ndAvenue, so the sound and the issue of US 1 is not it. So that sound barrier doesn't cut it. And then the main issue is that it takes away from the characteristics of a single-family home, single-family residence area. I don't mind for them to have even a 6-foot wall or maybe even a 7-foot wall or maybe a wall that looks a little large on one side and starts to creep down. But if you look at it, it's going to be a precast wall, 10 foot high, which is basically about the as high as the top of this column right there. It's going to look horrendous in a residential community. I've lived in this community for 26 years. I've always been a part of the community in 20 things. Always been a part of the community trying to make it better, Solid Waste boards, Zoning Board, different other boards. And in fact, I'm the one bringing in -- I do a summer camp for kids. Every summer I -- the City ofMiami helps us out and we're able to bring a summer camp for kids in architecture. Chair Sarnoff Mr. Ruiz, right? Mr. Ruiz: Yes. Chair Sarnoff 'Cause your time is up. And are you representing anyone? Mr. Ruiz: I'm representing myself. I -- we have a homeowner association community, andl have spoken to my neighbors that couldn't be here because of the time. And we were going to schedule a meeting yesterday, but my father had a stroke and wasn't able to be at that -- Chair Sarnoff So I just want to make clear. Are you a lobbyist? Are you an attorney? Are you -- 2 Mr. Ruiz: I'm a homeowner. Is that --? Chair Sarnoff Homeowner. No. Mr. Ruiz: Yeah, homeowner. Chair Sarnoff I just want to make sure because -- City ofMiami Page 19 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Ruiz: Happens to be that I'm also an architect, but the issue is that I'm a homeowner who's lived in this city -- Chair Sarnoff I'm just trying to figure out how to allot you time. Mr. Ruiz: Yes. Chair Sarnoff And what I'm going to do is give you another half minute to close. Mr. Ruiz: Okay. So what I'm saying is by you approving this and not tabling it, at least for them to come back to us and to work out this humongous wall that's going to look like the Berlin Wall to me and out of character of a residential community. You wouldn't want it in Coconut Grove. You wouldn't want it in, what is it, Miami Heights or any of those other municipalities or little areas. I don't want to see that in my area. Hopefully, you table it right now. Let them come back to us. Let us maybe negotiate this wall and the way they're going to access this. It already hurts us that we can't even get to Sears because they closed off all the streets. We have to go all the way to 37th and we have to go all the way to Coral Way even to get to Sears because they closed off the boulevard, so -- Chair Sarnoff All right. Thank you very much, sir. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Mariano Cruz, 1227 26. I don't live in Coral Gables. I visit the neighborhood 'cause I go to San Ramon many times when there are funerals, andl know barricades. I know Miami Shores around there -- (UNINTELLIGIBLE) Miami Shores around there. They want to create an elite neighborhood. We're better than you, you know. Then barricade everybody and everything. And the other day when I went to San Ramon, I made a mistake. Instead of going back to 37th Avenue, I turn around trying to get to Sears. I still be around there, circle there for two years when -- because I couldn't find a way out. You know, I couldn't. Consider what happen to an emergency car or whatever that goes there, somebody goes there the first time. I got to ask somebody how do I get out here? No. You go here. Because every time (UNINTELLIGIBLE) dead-end street, dead-end street, no thru street. What was that? I mean, the city belongs to certain people only? I thought that the public street was a public street, not to blockade the street there, okay. Thank you. I am in favor of the -- eliminating all those barriers there. Chair Sarnoff Thank you, sir. All right, public -- go ahead, ma'am. I am sorry. Maria Doval: Good afternoon. My name is Maria Doval. I'm the chair of the Coral Gate Homeowners Association. I live at 1700 Southwest 32nd Court. With due respect to Mr. Ruiz, you have never tried to contact the Coral Gate Homeowners Association. It's a matter of public record in the City ofMiami page, my name, my address, even my cell number is there, so -- Mr. Ruiz: Do I get to rebut her? Chair Sarnoff No. Mr. Ruiz: Okay. Then she should address the issue. Ms. Doval: Anyhow, we had all these meetings for the wall -- that we keep calling "The Wall" -- at Coral Gate Park, which Mr. Ruiz represents. The wall has started, Commissioners, Mr. Chairman. The wall is ongoing. We're not here about the wall. Issues are being brought that were well long time ago approved not only by the City ofMiami but by Dade County. The barricades have been there for a long time. We are not an elite society. We are all working people, believe me. I happen to be a nurse and work very hard, so I don't -- I consider myself City ofMiami Page 20 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 special, but not an elite society. So in essence, what I'm trying to say, we're not here to complain about the wall. We're here to direct the issues of those two barricades. And Miami Fire -Rescue has never had a problem when we have called. Chair Sarnoff Thank you, ma'am. Yes, sir. Robert Valledor: Thankyou, Commissioners and Mr. Chairman. My name is Bob Valledor. I live at 3324 Southwest 20th Street. I have offices at 1450 Coral Way. I am a real estate broker. The issue of the -- just to clarify some things -- barricades is the barricades have been there for over 20 -- oh, approximately 20 years. We did it because we had over 19,000 cars a day going through the Coral Gate neighborhood. The Coral Gate neighborhood has only 463 homes. If you put three cars for each home, that's only 1,200 cars, so -- Chair Sarnoff You guys must be very popular. Mr. Valledor: I know 'cause -- just the way we were situated. And we would have -- and everybody would go to Sears and all that stuff. The real issue here is not so much the wall; it's the exten -- 'cause that's already been approved, but it's the extension of the wall across two barricades that have not been used by Public Works or by the Fire Department or anybody since the things were built. We've also gotten approval from the Fire Marshal at a meeting that we attended for those closures, and we are working with the Fire Department about allocating another barricade so they can have emergency access for that one, which would be kind of cool. And so we're asking for your support of this closure. Chair Sarnoff Thank you. Mr. Valledor: Thankyou. Chair Sarnoff Yes, sir. You're recognized for the record. Germanico Cabrero: My name is Germanico Cabrero. I live on 161 Coral Gate Drive. I have a problem in that corner. At nights come in drunk people, drug addicts, people who come in to break windows, to stole the cars, and used to go through that corner. Never an emergency car coming through there, except the thieves, like going faster from the neighborhood. Andl would like that gentleman live in my corner to see what happen every night. Thank you very much. Chair Sarnoff Thank you, sir. All right, public hearing is opened and now it is closed; back to the Commissioner. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: I'd like to make the motion and bring it back for discussion, please, Commissioner -- Chairman Sarnoff. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. Commissioner Suarez, you're recognized. Commissioner Suarez: This project happens to be in my district. It also happens to be in the neighborhood where I live, so I want to put that on the record as well so that everyone is aware of that. This is a project that came about several years ago in response to a variety of different measures that the Association -- andl was a board member at the time, so I also want to state that for the record, and also a legal counsel for the Association at the time. And the Association was exploring several different measures to reduce crime. We had a rash of crime in the area, and we looked at a variety of different issues so that we could reduce crime in the area. We City of Miami Page 21 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 brought at the time Commissioner -- then -Commissioner Tomas Regalado, now Mayor, to our Association and discussed with him the different options that we had to reduce crime in our neighborhood. Instantly, he got excited about the prospect of the wall. Commissioner Sarnoff, in your district, you very, very successfully -- andl was at the groundbreaking ceremony and you were at the groundbreaking ceremony for this wall as well. I was there when you christened the wall in your district. So the prior Commissioner with his street bond money decided that one of his priorities in the district for improving the district and the streets -- and you can correct me if I'm wrong on the bond money 'cause I'm not sure exactly what bond money it is that's being used for that. Mr. Aluko: You are correct. Commissioner Suarez: Okay. -- decided that the best way to approve that area where you could get a holistic benefit for that area was to erect this wall. You know, just to tell you a little bit about the neighborhood itself. It is one of the, if not the oldest subdivisions in the City ofMiami. I believe it's a historically preserved neighborhood, ifI am not mistaken, and Bob can -- it's -- the wall, as far as I know, is a wall that is in the same condition or in the same -- and we have here Ms. Wilma Dick (phonetic), who's lived in the neighborhood since it was preconstruction, all right. So the wall -- it's the same wall that's been in existence since -- and it was built -- the neighborhood was built in World War II for World War II veterans who were returning. They were all 2-1s with a one -car garage, and this wall surrounding this neighborhood was built in the 1940s, so it's a wall that has been up for almost 60-plus years. It has gaps in it and holes in the wall itself. It's in a deplorable situation. As the other gentleman who came up said, it has created a crime problem. The issue that we have here before us today is not the wall. The wall has been decided; you know, been broken ground, but I wanted to address some of the comments that Mr. Ruiz had made, specifically one that he made which was that he made an effort to contact my office. I just spoke with my chief of staff. I have not received any contact from Mr. Ruiz. Mr. Ruiz: A package that was sent to you, and I've got copies. Commissioner Suarez: I'm not -- I'm just putting something on the record, please. I have not received any communication -- everyone in my district has my cell phone number because I put it on my mail -outs, so -- just about everybody -- andl haven't changed it, so just about everyone has my personal cell phone number in the district, you know -- and we've been avail -- I've been available throughout this process, andl put a very large emphasis on resident input in terms of the decisions that I make on this dais, and you'll see that over time. The issue at hand here is the closure of certain -- the permanent closure, is a better way of saying, of certain streets that are already closed. And there was an issue -- and the only reason why it wasn't done when the project was approved and going forward, there was an issue as to whether or not it presented a risk to the residents from the perspective of emergency management vehicles, police, fire, et cetera. The residents met with those departments. Those departments agreed that a permanent closure would not affect their ability to provide those services, and that's why this resolution was proffered. That's all I have to say. Chair Sarnoff All right. We have a motion. We have a second. I think all that could be said has been said, unless you'd like to say something, Commissioner Carollo? Vice Chair Carollo: I actually would. Mr. Ruiz: Mr. -- Commissioner, I think there's a legal problem. IfMr. Suarez -- are you -- do you still live in Coral Gate? Commissioner Suarez, do you still live in Coral Gate? Then if he's a homeowner and part of the association -- Chair Sarnoff Now you're -- City ofMiami Page 22 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Ruiz: -- that he give -- can he proffer a motion? Commissioner Suarez: No, no. I'm not a member -- Mr. Ruiz: Isn't that a vested -- Commissioner Suarez: -- a current member. Mr. Ruiz: -- vested rights? Chair Sarnoff Wait, wait, wait. Address the Chair. Mr. Ruiz: Yeah. Wouldn't that be a -- Chair Sarnoff I'll ask the City Attorney. Mr. Ruiz: -- vested interest? Chair Sarnoff I know the answer to the question. He does not profit from this. Madam City Attorney. Julie O. Bru (City Attorney): The Commissioner doesn't gain any special private gain out of this that's any differentfrom what everybody else in the neighborhood is getting, and that's what the law would prohibit. Commissioner Suarez: And then let me clam for the record 'cause -- Ms. Doval: May I say something, please? Commissioner Suarez: Sure. Chair Sarnoff Go ahead. You're -- Ms. Doval: I'm sorry, Mr. Suarez. Chair Sarnoff -- recognized. I'm going to give you 30 seconds 'cause I'm going to get this -- Ms. Doval: Thirty seconds. Chair Sarnoff Go ahead. Ms. Doval: Upon Mr. Suarez being elected -- Chair Sarnoff Commissioner Suarez. Ms. Doval: -- Mr. Suarez -- Chair Sarnoff Ah, I gotcha. Okay. Ms. Doval: -- being elected, he rendered his letter of resignation as a board member of the Coral Gate Homeowners Association because it would be a conflict. So he only was a board member up to the time that he was elected. Chair Sarnoff Thank you. All right, Mr. Ruiz, you want to put something on the record? I'm City of Miami Page 23 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 going to give you 30 seconds. Mr. Ruiz: Well, I believe that there's still a vested interest here. He's still a member of that association and he's proffering the motion. I don't think that that's right. If anything, there -- Chair Sarnoff Okay. Mr. Ruiz: -- should be a majority of other members to make the motion, so -- Chair Sarnoff Well, I'll tell you what. Mr. Ruiz: -- you might need to table it anyway. Chair Sarnoff Why don't we clear this up. Why don't you withdraw your motion? Commissioner Suarez: I will withdraw my motion, and I'll abstain from voting if it really presents a problem. Mr. Ruiz: Sure. Commissioner Suarez: Okay. Well, then, ifI can't abstain, I won't abstain. Vice Chair Carollo: Who made the --? Chair Sarnoff Well, I'll make the motion. Vice Chair Carollo: There's a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: I'll second the motion. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Finally get to speak on the issue. I actually know this area very well. I grew up in this area. I used to ride bike all through these streets back when Grand Union used to be here, Twin Theatre, and so forth, so we're going back a little bit, even before Mayor Regalado was Commissioner Regalado. So we're going back in time a little bit. So I know this area quite well. As a matter of fact, I remember when all the closures occurred. And now when I was asked as far as permanently closing some of this area, my first concern was, first, as far as fire rescue and emergency vehicles going through. However, I -- my concern was well addressed I think even before by Mr. Ola? Mr. Aluko: Ola Aluko. Vice Chair Carollo: Andl clearly see that on 32ndAvenue, there is one access for emergency vehicles. However, when we kept speaking, he mentioned that it would be permanently closed, the areas that under consideration, with a 10 foot wall, and I have to admit that did bring some concern. Mr. Chairman, or I guess right now Commissioner Sarnoff, how high is the wall on US 1? Mr. Aluko: Twelve. Chair Sarnoff Yeah, I think it is 12 feet. You're right. Mr. Aluko: That is correct, it is 12 feet. Vice Chair Carollo: Twelve feet. Okay. 'Cause I thought it was 10 feet and -- I just -- my only City of Miami Page 24 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 concern -- I'm okay with the closures, or permanent closures -- was the height in that area. As a matter of fact, I just received this diagram, which looks beautiful; however, it doesn't appear from the height of the people -- and I'm sure it's not to scale and so forth -- that it's actually 10 feet. It seems lower, like maybe 8 feet or so forth. Mr. Aluko: Actually, Commissioner, that is -- that perspective you're viewing, that is to scale. As I mentioned also, not only did we consider the neighborhood; we put architectural elements, unlike the US 1 wall. We've added more architectural elements to make it more residential. In addition to that, what that rendering does not depict are the -- is the landscape treatment which will be added onto the wall to help soften the wall from -- again, as Mr. Ruiz had mentioned, a Berlin wall. We are adding landscaping to that. Commissioner Suarez: Can I just say one thing as well? Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: Thank you. I think there was an additional thing that the homeowners and the residents requested, which was to maintain kind of the historic character of the wall. Since the wall has been in existence for 60 years, there were specific architectural and design things that you all implemented into the wall to maintain the kind of historic look. Mr. Aluko: That is correct. And that will be added. Vice Chair Carollo: The project for the wall has already been approved and it already has started and the whole nine yards, correct? Mr. Aluko: That is correct, sir. Vice Chair Carollo: So this -- the only difference here will be that it will continue to be a permanent closure. Mr. Aluko: That is correct. Vice Chair Carollo: Okay. With that said, I think there was a public hearing that was opened. The public hearing was closed. Any further discussion? Hearing no further discussion, I call the question. All those in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposition has -- have the same right to, say "nay." Motion passes. 10:30 A.M. PH.4 09-01354 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), GRANTING MIAMI DREAM HOMES INVESTMENT Development GROUP, INC., AN EXTENSION OF TIME TO COMPLETE CONSTRUCTION AND CONVEY TO THE CITY OF MIAMI, THE COMMUNITY DEVELOPMENT BUILDING PROJECT LOCATED AT 1525 NORTHWEST 60TH STREET, MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FROM DECEMBER 31, 2009 TO JUNE 30, 2010, WITH CONDITIONS AS STATED HEREIN; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City of Miami Page 25 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 09-01354 Legislation.pdf 09-01354 Exhibit.pdf 09-01354 Summary Form.pdf 09-01354 Public Notice.pdf 09-01354 Pre Legislation.pdf 09-01354 Attachment A.pdf 09-01354 Attachment C.pdf 09-01354 Quit Claim Deed .pdf 09-01354 Pre Legislation 2.pdf 09-01354 Attachment A 2.pdf 09-01354 Quit Claim Deed 2.pdf 09-01354 Pre Legislation 3.pdf 09-01354 Exhibits.pdf 09-01354 Pre Legislation 4.pdf 09-01354 Exhibit A 2.pdf 09-01354 Quit Claim Deed 3.pdf 09-01354 Pre Legislation 5.pdf 09-01354 Exhibit A 3.pdf 09-01354 Amended Quit Claim Deed.pdf 09-01354 Exhibit A 4.pdf 09-01354 Map.pdf 09-01354 Corporation Papers.pdf 09-01354 Pictures.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-09-0565 Chair Sarnoff So I'm going to call PH.4. Vice Chair Carollo: Give us a second, though. Give us a second, Mr. Chairman. Chair Sarnoff On the regular agenda. I'm sorry, gentlemen. George Mensah: George Mensah, director of Community Development. Mr. Chair, PH.4 is a request for an extension to complete construction and convey a property called CD (Community Development) Building to the City ofMiami, located at 1525 Northwest 60th Street, from December 31, 2009 to June 30, 2010. Chair Sarnoff All right. This is a public hearing. Anybody wishing to be heard on PH.4? This is in your regular agenda. PH.4, regular agenda. The public hearing is opened. Hearing and seeing no one from the public, the public hearing is closed. Is there a Commissioner that would like to entertain a motion? Commissioner Suarez: I'll make a motion for discussion. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead, gentlemen. City ofMiami Page 26 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: My question, sir, is simply, we've had issues in the past regarding funding -- violations of specific funding sources that we've received, specially regarding housing and urban development funds, and l just want to clarify -- I would like for you to clam on the record that if we grant this extension, it will not in any way create a problem for the City that we're going to have to later pay back funds. And that's my main concern on this item. Could you please clam that for the record? Mr. Mensah: Yeah. This extension has nothing to do with the funding source. This extension is necessary because the City provided the land, and as part of providing the land, we stipulated that the project has to be completed by December 31, 2009, so what we do? We just extended it because of the land, not because of any funding issues. Commissioner Suarez: So by extending it, it will not create a funding problem -- Mr. Mensah: No. Commissioner Suarez: -- in the future -- Mr. Mensah: No, it will not. Commissioner Suarez: -- for the funds that we received to do this project? Mr. Mensah: No, it will not. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, sir. Vice Chair Carollo: Thank you. How far in the completion process is this project at? Mr. Mensah: Between 85 to 90 percent complete. Vice Chair Carollo: Eight five to ninety percent. So this extension will allow it to be completed? Mr. Mensah: Yes. Vice Chair Carollo: Thank you. Chair Sarnoff All right. We have a motion and we have a second. Any further discussion, gentlemen? Hearing none, seeing none, it's a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. PH.5 09-01355 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), ACCEPTING THE MODIFICATION OF THE AFFORDABLE Development HOUSING TRUST FUND GUIDELINES, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE AFFORDABLE HOUSING TRUST FUND PROGRAM AS MODIFIED. City of Miami Page 27 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 09-01355 Legislation.pdf 09-01355 Exhibit.pdf 09-01355 Summary Form.pdf 09-01355 Public Notice.pdf 09-01355 Previous Legislation.pdf 09-01355 Previous Legislation 2.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 Chair Sarnoff All right, PH.5. George Mensah (Director, Community Development): Mr. Chair, PH.5 is a resolution to accept the modification of the affordable housing trust fund guidelines, and this is just to clam language to make sure that the terms are consistent with the terms of the City's tax credit project and also to update the income charts that is in the guidelines. Chair Sarnoff All right. This is a public hearing. We're having a public hearing on PH.5 in your regular agenda. Anyone from the public wishing to be heard, please step up now. Seeing - - Mr. Cruz there, you're recognized for the record. Please state your name for the record, along with your address. Mariano Cruz: Sure. Mariano Cruz, 1227 Northwest 26th Street, 2in the Allapattah neighborhood. The only thing tell the people of Community Development that, okay, the affordable housing trust fund Many people that want to buy houses, they come to me. They don't know how to go about the program. Maybe in MRC (Miami Riverside Center) there on 444 Southwest 2ndAvenue they know everything on the second floor, but you got to get to the people there that want to buy the houses because they don't know. Then by the time sometime they want to apply, the money's gone or it's a time limitation or whatever. That's one thingl want to -- I want that to do it. No. Be the outreach. I said before here, get to the people. This is our tax money. The money doesn't come from the moon or anything. It comes from here, federal money. Thank you. Chair Sarnoff Thank you, Mr. Cruz. Anyone else -- anybody else from the public wishing to be heard? Public hearing is now opened. The public hearing is now closed, coming back to the Commissioner. Mr. McGhea: Commissioner, when we look at this, any way possible we can -- Chair Sarnoff Even though we know you, Ms. Eisenberg over there is going to yell at me. Mr. McGhea: Okay. Bobby McGhea, 6400 Northwest 11 th Avenue, Miami, Florida 33150. Any way possible we could look at this affordable housing? You heard Ms. Gardner say they have affordable housing; people can't afford it. If you're charging 750, $800 a month rent, folks on a low -development [sic] neighborhood, on a fixed income, mostly senior citizens or those getting AFDC (Aid to Families with Dependent Children), no, they can't afford it. So we went from low-income housing to affordable housing. Any way we could reach a medium in between low income and affordable that the people in my district or maybe Mr. Cruz district could benefit from all the new construction going on in our neighborhoods? Chair Sarnoff Mr. Mensah, is this a HUD (Department of Housing and Urban Development) guideline? Mr. Mensah: No. This is the City's guidelines. The -- in terms of affordable housing, no. We do -- sometimes we do go up to -- under 30 percent of median income. We even have some that are City of Miami Page 28 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 for -- people formerly homeless and (UNINTELLIGIBLE) is an example of that. Our HOPWA (Housing for Persons with AIDS) program, if you -- people would be zero income are able to participate in this. So we have an array of programs for -- throughout the income stream. Mr. McGhea: Mr. Commissioner, it has been said that the Commissioners of that district ask the developer to put in maybe 10 percent of low-income housing into a particular project, and some didn't ask at all, and those that request it, most of the buildings that up, if you check it out, it's not low-income at all. It's all affordable housing, thus eliminating a lot of people from getting in there unless they have a Section 8. They can't afford the rent that's being implemented on these nonprofit organizations that keep doing the building in these neighborhoods. Now, mind you, they nonprofit, they're spending federal dollars, they're getting money from all different sorts. It's not even their own personal money, but yet, they ack up the rent that people on low-income jor senior citizen can't afford it. There's something wrong with a charitable organization, a 501(c)3 charging that type of money for something they didn't pay out their own pockets for. We must look at this again. Chair Sarnoff Okay. Thank you, sir. Anyone else from the public wishing to be heard on PH.5 ?Hearing none, seeing none; coming back to the Commission. Is there a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead for discussion. Commissioner Carollo, you are recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Mensah, when we met -- Mr. Mensah: Yes. Vice Chair Carollo: -- I specifically said that this resolution is to accept modifications. If you remember correctly, I asked you what were modifications because it seems to me like ExhibitA was the whole guideline that included the modifications. I -- Mr. Mensah: That's correct. Vice Chair Carollo: -- wanted to see the before and after. However, I have never received that information. Mr. Mensah: I apologize, Commissioner. I indicated) was going to get it to you. When I reached the office, I realize that -- you know, with Microsoft Word, you did "accept all, " and so those changes (UNINTET,TIGIBT,F). What) did was that) came to your office this morning, which was too late, but) did present to your office the changes that was made with the cross -out and underline to show any new sentence or any new word that was proffered. But I apologize for the lateness. Commissioner Suarez: In light of that information -- and) also would like to see that information as well. I think, in light of that information, I will withdraw my motion to move the item along, and) will proffer a motion to defer this item until we receive that information. Vice Chair Carollo: I second that. Chair Sarnoff Is there any reason why this was not done on a timely basis, Mr. Manager? City of Miami Page 29 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Pedro G. Hernandez (City Manager): Mr. Chairman, we started the briefings Monday, Tuesday, Wednesday, not only myself, but also staff like Mr. Mensah. These are items or requests that came as a result of those briefings that Mr. Mensah tried to address. Chair Sarnoff And this modified Exhibit A, how long has it existed? Mr. Hernandez: George. Mr. Mensah: The modified exhibit exists from the time it was sent to the Agenda Office. When I went to my computer to try to retrieve the changes that was made, it's gone so I had to recreate it. At the same time yesterday -- we met with the Commissioner yesterday in the morning, so during the day, what I did was try to recreate the document and at the same time, we also had some issues that we needed to address, and so I was working on both of them andl couldn't get it fast enough to the Commissioner until this morning. But that document exists and I'll be able to provide it in a second from now. I can get it and bring it -- Chair Sarnoff Well, here's my point. If you'll notice, we are deferring about 20 percent of all of our agendas. This is all going to pileup on us in '010 [sic]8. This previous Commission -- and these guys are not experienced in that. If you continue to defer 20 percent of your agenda, you're never going to get through it, so if you have computer glitches or you have issues, and if these Commissioners voice concerns to you, let's take it off the agenda to begin with and we'll bring it back in six months when you're ready to do it. Okay? Mr. Hernandez: Commissioner, this item, in my opinion, is a simple item, andl thought that George and myself had explained it before. The item in the agenda, I think, is complete. There was an additional request, and George wasn't able to get it in on time. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I need a date. What -- this is going to be deferred or continued to what date? Chair Sarnoff First meeting in January. Ms. Thompson: So that it will be continued to the meeting on January 14. PH.6 09-01358 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AMENDING THE CITY OF MIAMI DEPARTMENT OF Development COMMUNITY DEVELOPMENT ECONOMIC DEVELOPMENT LOAN FUND PROGRAM POLICIES TO INCORPORATE PROVISIONS TO BE ABLE TO LEND TO NON-PROFIT ORGANIZATIONS, FOR THE PURCHASE AND INSTALLATION OF MACHINERY, EQUIPMENT, FURNITURE, FIXTURES AND FOR CONSTRUCTION, RENOVATION, IMPROVEMENT AND EXPANSION AS PER TITLE 24 OF THE CODE OF FEDERAL REGULATION SECTION 570.203(A), AS DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. City of Miami Page 30 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 09-01358 Legislation.pdf 09-01358 Exhibit.pdf 09-01358 Summary Form.pdf 09-01358 Public Notice.pdf 09-01358 Previous Legislation.pdf 09-01358 Previous Legislation 2.pdf DISCUSSED Chair Sarnoff PH. 6. George Mensah (Director, Community Development): Mr. -- PH. 6 is to amend the Community Development Loan Fund program policies and this is just to add a nonprofit organization so that they can access the loan programs and it (UNINTELLIGIBT,F) for installation of machinery, equipment, furniture, and fixtures and for construction, renovation of improvement as per HUD (Department of Housing and Urban Development) regulations. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record. Vice Chair Carollo: I would like to discuss this item before we make it in way of a motion. Chair Sarnoff All right. Let me open up the public hearing. Public hearing on PH.6 is open. Anybody wishing to be heard, please step up. Seeing, hearing none, the public hearing is closed; back to the Commission. Commissioner Carollo, you are recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. I wouldn't say I'm an expert in this topic. However, when I was campaigning for my seat, I actually referred a few businesses in my area to this program, so I'm somewhat familiar with it. Saying that, it seems to me that if we now allow not -for -profit organizations, we actually bringing more competition for the same amount of monies. Now, as far as I know, there has been no nonprofit organizations that have come to me saying there's a need for this. Now, with that said, this program, if I'm correct, is a program for District 3 and District 4. Now, I do not want to jeopardize District 4 because I believe there's two separate funding source, one for District 3 and one for District 4. And from our conversations, District 3 has about 97,000, District 4 has about 58, so as far as for District 3, if we could take this separate, I am not ready to approve that this open -- this will be opened up to not -for -profit organizations. However, should District 4 want to, maybe we could split it where we could have, you know, a separate vote or so forth. Mr. Mensah: Mr. Commissioner, this is the -- the loan program policy itself is a general policy that covers the whole City, District 1 to District 5. Out of this program we've carved out two separate programs for District 3 and District 4. So my suggestion is we can take this item because if this doesn't get approved, then none of the districts can even do that because we don't have that. We brought it up because while we were doing this application, like I indicated to you in our briefing, a public radio station from District 4 came to us and we told them they couldn't qualify, and so in speaking to the then Mayor's office (UNINTET,T IGIBT ,F) they ask us a question that is there any reason why we couldn't add them? Andl told them that there's no regulatory reason why nonprofits cannot be added, so we decided that it's important that we add nonprofits to this particular program, but it's -- it should be the will of the Commission. Vice Chair Carollo: And that would be for funding sources out of the District 4 allotment, correct? Mr. Mensah: It could be. I mean, we have to first of all approve this; that we can first of all do it, and then we'll look at the two pilot programs and we can exempt District 3 from that particular item. City of Miami Page 31 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: Okay, 'cause that's exactly what I'm looking at. I don't want to jeopardize District 4, andl don't know what, you know, the District 4 Commissioner opines on it, andl definitely respect it, and that's why I'm bringing this, you know, matter forward because as far as for District 3 -- and once again, there's two separate allotted amounts, one for District 3 and one for District 4. At this present time, I don't see a need to open it up for nonprofit organizations in District 3 andl would not like to see it. Mr. Mensah: Okay. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: My -- I thought this was a pretty benign issue when it came up before, you know, when I was briefed on it. I appreciate Commissioner Carollo's comments on it. What is the nonprofit entity that has requested loan funds under this --? Mr. Mensah: It's a public radio station on Coral Way, and this is part of a broader project that they're doing to have impact windows on their property. Commissioner Suarez: What's the radio station? Mr. Mensah: WLRN -- WDNA. Commissioner Suarez: Okay. Yeah. I don't have a problem with having nonprofits apply for the loan funding from District 4. I think it's -- I appreciate the Commissioner bifurcating this issue, so if we can bifurcate it now, maybe he can, you know, proffer a motion on how we'll apply it to District 3, and then I can proffer a motion on how we can apply it to District 4, if that's okay with the Commissioner? Vice Chair Carollo: It's okay with me, but believe ifI don't pass anything, that it stays the same with District 3, so you would have to probably proffer a motion to modifi, this program for District 4. Commissioner Suarez: Sure. Okay, I can do that. I guess what I think the Commissioner is saying is that would proffer an amendment to this resolution where it would be confined to District 4 companies and District 4 -- yeah, companies, whether they be profit or nonprofit. Mr. Hernandez: Right. The -- Commissioner Suarez: Andl will -- Mr. Hernandez: -- modified guidelines will only apply to District 4. Commissioner Suarez: Okay. I will make the motion to pass a modified resolution -- an amended resolution allowing these loan funds to be utilized for companies that are not only for profit entities but also for nonprofit entities. Chair Sarnoff Does seconder accept the modification? Vice Chair Carollo: Yes. As long as we have it on record and we vern5, that this would only be for District 4. Commissioner Suarez: Yes, only for District 4. Mr. Mensah: I -- City of Miami Page 32 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: Yes. Mr. Hernandez: That's true. I don't know whether the chair would like this applied to District 2 also? Chair Sarnoff Well, I haven't spoken on it, and -- you know, I really want to take my hat off to Commissioner Carollo 'cause I really think, philosophically, he really understands this. The proliferation of nonprofits in America for the past 10 years is 1,100 percent. That's how much they have gone up. So as your generator capitalism, you now have this huge tail on its back called not -for -profit. I remember once deposing the president of Blue Cross Blue Shield, a Florida not -for -profit. I was just curious how not profitable it was for the president of Blue Cross and Blue Shield. And once he told me he made $4 million a year, I thought pretty profitable for that guy. And as people come in my office, since I've been Commissioner, they're very quick to point out to me that they are a 501(c)3, and of course, I usually ask them for their budgets. And in that budget I ask them how much are you earning in this. And they usually very boastfully put out their chest and say 40,000 a year, which is of course a reasonable amount to pay someone for nonprofit work. Andl remember one young lady, I learned later, I forgot to ask the next question, which is what is your cell phone allowance, your car allowance, and what do you get for retirement. Well, her cell phone allowance was $60, 000 a year, so I didn't ask that question. Her car allowance was $12, 000 a year. So it's a funny thing about not -for -profit. It may be very profitable for the CEO (Chief Executive Officer). It may be very profitable for the vice CEO. It may be very profitable for a number of people. All a Florida not -for -profit means is at the end of the year, you have paid every employee, officer and director all the money that you have in your coffers. Now you have a philosophical point where you're going to enhance not -for -profits' abilities to borrow money from CDBG (Community Development Block Grant). America is at a crossroads. Either we become capitalists again or we're headed towards socialism, andl got to tell you. Not -for -profits is nothing more than you asking those who make money to shoulder and maybe justifiably and maybe not justifiably the responsibility of the profits that they make because they either need to do right, do good, or there's a justifiable basis upon which for you to be a not -for -profit. But just the mere escalation of non -for -profit by 1,100 percent? What are we becoming as a country? Who are we becoming as a country? Because I know when you get in this chambers, it becomes a taboo word to say "Yes, I make a lot of money" because, hey, this is government, and government is about redistribution of wealth, and that's, I think, the problem at the City ofMiami andl think it's a problem nationally as well, and that is, everybody is ashamed to say, yes, I'm a capitalist andl intend on making a good living andl intend on paying my taxes. Because none of these not -for -profits will pay one tax in the City ofMiami and not one of these not -for -profits will pay taxes at a federal level, causing those of us who do pay taxes to shoulder a larger and bigger responsibility. So I will not add to that locomotive that see out there, which is the proliferation of not -for -profits. I just don't see how, in 10 years' time, not -for -profits could have expanded 1,100 percent. That is not doubling. That is not tripling. You know, the years to Bill Clinton to George Bush, lobbyists in Washington DC, do you know what percentage they increased? Eight hundred percent. Eight times more lobbyists between those years. You know, folks, are we producing as a country or are we just redistributing as a country? So I cannot support PH. 6. That's just my take on it. So we have a motion and we have a second, as a modified. All -- Commissioner Suarez: Mr. Chair, can I chime in for a second? Chair Sarnoff Sure. Commissioner Suarez: Just in response to some of the things that you mention. I appreciate your comments on this issue as well, andl appreciate Commissioner Carollo's comments. I think in the state of Florida it cost, if I'm not mistaken, 70 or $80 to file electronic -- to file a corporation electronically, so -- and there is no scrutiny once a nonprofit organization has filed, City ofMiami Page 33 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 that I'm aware of from the state, I suppose if they apply for and receive 501(c)3 designation, you would think that the federal government is scrutinizing that non -for -profit to, you know, ensure that their tax exempt status is being used in accordance with the purpose of the -- you know, their stated purpose. It is a staggering statistic to say that 1,100 -- you know, that nonprofits have increased 1,100 percent. And I'll give you another statistic as well. Florida, ifI -- people think that Delaware is the corporation capital of the world. It's not. It's Florida. Florida has more corporations than the top -- than the next top four states combined. So the way I look at this item, I think I look at it a little differently than you do, andl think look at it a little differently than Commissioner Carollo. The way I look at it is we're given an opportunity to nonprofit organizations that are in -- obviously -- andl -- sometimes I think the obvious should be stated on the record. And so this is, in essence, a directive to the Manager and to the director of Community Redevelopment [sic] that this is not a -- what I am proffering here is not an open -the -flood -gates type of amendment to this resolution. It is simply to give -- because non -for -profits, although they do not pay taxes, the benefit that we're supposed to receive from nonprofits is supposed to be a huge public benefit. I know many charitable organizations that provide an incredible public benefit, and so that public benefit maybe far outweighs, you know, the fact that they don't pay taxes, et cetera. So you know, in essence, what I'm saying is that I had proffered this resolution on the basis of giving you the confidence that you will be able to select nonprofit organizations that are eligible -- that would be eligible to receive loans in this program, andl -- and we've talked about this in our briefings on -- in regards to many other issues that have a long-standing record of providing a public good to this community, they are not fly-by-night organizations that have just popped up out of nowhere and are now asking for government funding. And you know, it bothers me to a certain extent that, you know -- I have two Commissioners that are sitting next to me that respect very, very well, and they're not willing to extend that discretion, in essence, in their own districts, so you know, I don't know how you feel about that, Mr. Manager. Mr. Hernandez: Commissioner, I think that you have a good analysis on it. This provides an opportunity for a bona fide nonprofit to also have the ability to ask for a loan the same way that a for -profit organization can. I think it's up to us and up to the Community Development Department to determine whether it's viable in that particular case or something that we can recommend or not. Commissioner Suarez: I see the Chairman shaking his head, and I'd like to hear his thoughts. Chair Sarnoff I think once you start affording and promoting not -for -profits' borrowing practices, you have completely eroded the concept of grant and the concept that now you have an organization that no longer has any ability to demonstrate profitability because they're not a profit, but income -deriving and now you're putting on them the ability to borrow money and now they're going to go to their charitable benefactors and say, "1 owe this amount of money." You have crossed a huge threshold called "capitalism into defined socialism." Mr. Mensah: Mr. Chair, this particular program, even though we call it a loan program because we have some (UNINTELLIGIBLE) as a loan. For the $10,000 it's a grant, so the nonprofit wouldn't have -- Chair Sarnoff There's a difference between a grant and a loan, and the philosophical difference is you are now affording a not -for -profit the ability to borrow money and you have crossed the threshold of -- to me you're into socialism. Mr. Mensah: This is grant. Mr. Hernandez: If -- Mr. Chair, ifI -- Chair Sarnoff Grant is different A grant is a person making a value decision that the thing City of Miami Page 34 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 that you bring to the table will not be done by a profit -making entity. The idea behind having a not -for -profit is that nobody in the industry that is trying to make a profit is competing with you, and this City has, at times, competed against profit -making entities -- for instance, in some of the film -making capacity -- and granted them favorable terms, and turns around to the profit -making people and still demand upon them that didn't get the contract that they pay their taxes. This is the very essence -- this is the wellspring right here of capitalism, and the failure to recognize it is to be woken up in the morning with a cold towel and say you're now socialist. Mr. Hernandez: Mr. Chairman, if you allow me to add. The -- one of the criteria here for loans to a nonprofit is that it's -- this being an economic development fund, it relates -- or a criteria is based on job creation and/or retention. Chair Sarnoff Job creation in a nonprofit -- you are promoting the growth of not -for -profits. You are creating -- who is it in America that then supplies the not -for -profit? Rich people? Upper middle class? Governments: Federal, State, County? And who pays those people? The taxpayers. So what you're doing is you're promoting further taxation, but not calling it that. Commissioner Suarez: You know, on the basis of the arguments advanced here and the fact that none of my Commissioners are willing to do it in their district, you know, I'm going to have to withdraw my motion. Chair Sarnoff All right, so now I'm told that we have got to move on because PH.8 -- can we still get PH.8 in? Vice Chair Carollo: Can I withdraw my second? Ms. Thompson: What I'm trying to do, if you don't mind, chair, I'm calling the company to see if they can send someone over the afternoon. That way, this young lady can go, and then you'll be at ease. If you can give me two seconds on it? If you want to go 'head to PH.8? Is that okay? Okay, she can do PH.8, and then I should have an answer for you from the company. Is that all right? PH.7 09-01359 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CITY MANAGER TO APPROVE AND EXECUTE CONTRACTS BETWEEN Development THE CITY OF MIAMI ("CITY") AND THE WINNING BIDDERS, FOR THE REHABILITATION OF FORECLOSED RESIDENTIAL PROPERTIES AND FOR THE CONSTRUCTION OF NEW AFFORDABLE HOMES UNDER THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM AND/OR THE NEIGHBORHOOD INITIATIVES PROGRAM OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST, WITH FUNDS AWARDED TO THE CITY FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. 09-01359 Legislation.pdf 09-01359 Summary Form.pdf 09-01359 Public Notice.pdf 09-01359 Previous Legislation.pdf 09-01359 Previous Legislation 2.pdf 09-01359 Previous Legislation 3.pdf 09-01359 Previous Legislation 4.pdf City of Miami Page 35 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 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-09-0569 Chair Sarnoff We're back from recess for the lunchtime for the December 17, 2009 agenda. I believe the next item we wanted to take up, Madam Clerk, would have been the PHs (Public Hearings), to finalize those as we have the sign language interpreter here. Priscilla A. Thompson (City Clerk): That's correct, sir. Chair Sarnoff PH.7. George Mensah (Director, Community Development): George Mensah, director of Community Development. PH.7 is a resolution authorizing the City Manager to be able to sign contracts for homes under the City ofMiami's Neighborhood Stabilization Program and under the Neighborhoodlnitiatives Program of the Liberty City Community Revitalization Trust Fund. Chair Sarnoff Okay. I'm not sure, George, I completely understood that, so I'm going to ask you to take a different shot. Mr. Mensah: Thank you. I was breathing too hard. Chair Sarnoff Okay. Mr. Mensah: This is a resolution that allows the City Manager to be able to approve contracts that will be through bidding for homes that will be constructed under the City ofMiami's NSP program, which is Neighborhood Stabilization Program, and to the Neighborhoodlnitiatives Program of the Liberty City Community Revitalization Trust Fund. And this will be strictly for funds awarded for the NSP program or the Initiative as approved by HUD (Department of Housing and Urban Development). Chair Sarnoff Okay. I understood that now. Mr. Mensah: Thank you. Chair Sarnoff Thank you. All right, we have a -- let me open the public hearing. We're on PH.7. Anyone from the public wishing to be heard, please step up to the podium. PH.7. Hearing and seeing no one from the public hearing, it comes back to the Commission. The public hearing is closed. Is there a motion by any of the Commissioners? Commissioner Suarez: I'll make the motion. Chair Sarnoff Motion by Commissioner Suarez. Vice Chair Carollo: Second for discussion. Chair Sarnoff Second for discussion by Commissioner Carollo. Commissioner Carollo, you're here [sic] for the record. Vice Chair Carollo: What's the maximum amount of funds that the Manager can approve without Commission approval if we approve this? Mr. Mensah: The total funding that -- in that category, which is Strategy B, it's about 55.5 City of Miami Page 36 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 million. Out of that -- Vice Chair Carollo: Well -- Mr. Mensah: -- some of them is for acquisition. So we have approximately about $3.5 million, in terms of aggregate amounts, that can be approved under this authority. Vice Chair Carollo: Now, this is for the NSP, correct? Mr. Mensah: That's correct, Commissioner. Vice Chair Carollo: Madam City Attorney, if any of these funds are spent inappropriately or spent in ways not according to NSP, then the City will be liable to pay back these funds, correct? Julie O. Bru (City Attorney): Well, each of these awards have conditions and requirements that if they're not complied with, there's a disallowance and potential reimbursement. Vice Chair Carollo: I just want to put that to the record because I think in the last meeting, I, you know, mentioned that, you know, I want to make sure there's accountability and so forth because there was an enormous amount of money that we have to give back because there were - - for some reason, when they were spent, they didn't meet the guidelines or conditions or so forth, so I just want to bring it up to the record and let me colleagues know that, you know, this will be 3.7, is my calculation, that we'll be allowing the Manager without any, you know, consideration from the Commission. With that said, I don't know what the will of this Commission is. Chair Sarnoff Commissioner Suarez? No. Commissioner Suarez: I think Commissioner Carollo, you know, also -- you know, I think you articulated my concerns as well. I echo his sentiments. Chair Sarnoff So correct me -- 'cause Commissioner Carollo brought something to my attention I wasn't aware of. Three point seven million of the five point five million -- Mr. Mensah: Yes. Chair Sarnoff -- is then subject to the City Manager's consideration? Mr. Mensah: Okay. As you know, these are strategies that's already been approved by HUD. These strategies went to HUD; HUD approved them. What we are doing here -- especially (UNINTELLIGIBLE) eight homes that we are going to construct, it went to HUD; HUD approved us to use those funds for the homes. So the use of the funds was not in question here. What is in question is the ability for us to be able to use these funds by September, I believe it's 10, 2010. What we are doing is that instead of every -- like, for example, if we go out for a bid for -- let's say we purchase one home in West Grove. Let's say we purchase it for $29, 000 and it needs a rehab of $10, 000. What we are asking is that instead of coming to Commission to approve a rehab of such small amount, I mean, we rather give the authority to the Commissioner [sic]. What the Commissioner -- Commissioner Carollo was talking about is the aggregate amount that could add up, but in actuality what has happen is that there are -- these are, you know, properties that will be purchased in incremental. We're not going to go out there and purchase 20 properties. We purchase them maybe two or three, four, five at the time so that in -- the rehab amount, which is the amount you're talking here, will not be substantial. However, the aggregate amount, in terms of everything that we purchase, probably can reach that amount. Chair Sarnoff What's the highest threshold amount the Manager's allowed to approve? City of Miami Page 37 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Mensah: In this particular item, we did not put a threshold amount. But know that there are previous items that have come to this body that had very high thresholds. Most of the CIP (Capital Improvements Program) items are very high and the Manager -- the City Commission approved and allowed the Manager to be able to sign these contracts. And so in the grand scheme of things, these are very small contracts that, you know, the Manager should be able to be approved. Chair Sarnoff Yeah. I understand your descriptors are small, medium, and large. Is there -- does he get to do a $25,000, 100, 000, 150? Is there any kind of defining moment that he no longer has the authority to execute each individual item or he just has the ability because it's already gone to HUD? Mr. Mensah: By this resolution, what we're asking is just to provide him the ability to be able to approve any construction contract that comes through. There was no aggregate limit placed on it. Chair Sarnoff All right. So there's a motion. There was a second for discussion. Are we going to hold that second? Vice Chair Carollo: I've -- I think I've mentioned my concerns about this, and l just wanted to hear from my colleagues to see what they thought and so forth 'cause -- yes. I mean, each contract could potentially be small. I don't know if it's up to 10,000, 25,000. I don't know what it is, but I could tell you, in essence, if he approves 25 here and 25 there and so forth, it could add up to 3.7 million. And the only thing is, I just want to make everyone aware that even though HUD approved this, HUD will ask us for that money back if we rush -- because we have to meet a certain deadline, September 2010 -- Mr. Mensah: Yes. Vice Chair Carollo: -- and then maybe everything is not viewed as -- with detail as they should and so forth, and next thing you know I'm back like I was in last Commission meeting approving monies back to the federal government and so forth. So I just want -- you know, bringing it up to everyone's attention. And again, I guess we're going to vote on it and so forth, but you know, it's something that little by little, I'm going to be harsher and harsher on and so forth. I said last meeting we will have accountability in the City. Mr. Mensah: Commissioner, Mr. Chair, can I put this on the record? I have been in Community Development for a very long time. I take what do seriously. I do not come and stand here and try to get the City to spend money when I know, ultimately, that money will be returned. The Community Development Department, the last three years, has managed approximately $19 million. The City always -- we spend money. And one -- our job is to ensure that these monies are spent judiciously and that they are spent in such a way that there's no money that will come out. In some cases, we get a lot of complaint from (UNINTELLIGIBLE) saying that we slow in spending money. Of course, if the money -- (UNINTET,T IGIBLE) spend in time, the federal government would take these funds. So I'm standing here to tell you that if for $25, 000 we have to come to Commission, it would be very difficult for us to spend this money between now and September 10, 2000 and -- I also want to put on the record if the money gets recaptured because we don't have this ability to do this -- and at least I'm on record to say that we did whatever we can to make sure that this is done. When the -- when we came with a plan -- the idea was not for the City to even be involved in construction. We didn't want to go this direction. What I explained to the Commission was that we will allow developers to do this, buy the properties and do this. Unfortunately, we are in a situation where the market is not doing what it's supposed to do. If -- when we had that RFP (Request For Proposals), if the developers have come together and took this money, we wouldn't be here talking about this because there wouldn't be any City of Miami Page 38 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 money left for us to even consider going into this, but unfortunately, that's not the case. And what we've tried to do is to use any methodology so that we can be able to do this and that's the reason why we have this here. So I just want to assure you that there isn't anything that this Department will do that will make any of the monies be liable for recapture. Commissioner Suarez: Mr. Chairman, ifI may put something on the record? And this may allay some of Commissioner Carollo's concerns. One of the questions that I had when I briefed on this item with the Manager -- and it may also allay some of Chairman Sarnoffs concerns -- was that the contracts that will be awarded pursuant to this money will be awarded through a hard bid procurement process, andl think, you know, maybe that will give you a certain measure of comfort. You know, andl just think that's something that -- that's a question that had when we looked at this process. Can you confirm that, Mr. Manager? Mr. Mensah: That's correct. On behalf of the Manager, that's correct. Chair Sarnoff So ifI understand you correctly -- andl hate beating up PH.7 -- you had expected the private market, so to speak, to come in here and to respond to RFPs to redevelop properties that had been foreclosed on, and that has not occurred. Mr. Mensah: That has not occurred. The program is a very difficult program. Chair Sarnoff All right. So now the City is taking on the responsibility of rehabbing these things themselves? Mr. Mensah: That's correct, yes. Chair Sarnoff So we're still going to hire private contractors -- Mr. Mensah: That's correct. Chair Sarnoff -- to rehab a building that we have reviewed, determined is viable and is in a good situation in a community to be rehabbed? Mr. Mensah: That's correct. Chair Sarnoff And let me just say this to my colleagues because they don't know you, George. I don't think you've ever put any of us on the front page of the Miami Herald. I think your predecessors may have, but I know you never put us on the front page of the Miami Herald. Mr. Mensah: Andl don't intend to, Commissioner. Chair Sarnoff And know that. You've been criticized of being overly conservative. Mr. Mensah: Yes. Chair Sarnoff So when you say to me or you say to this Commission that you are vetting this and you're careful, I have no reason other than to believe you. Mr. Mensah: Thank you. Chair Sarnoff So with that, why don't we call the question. We had a motion. We had a second. All in favor, please say "aye." The Commission (Collectively): Aye. PH.8 09-01360 RESOLUTION City of Miami Page 39 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY Development DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $50,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PROGRAM INCOME; ALLOCATING SAID FUNDS, TO THE AGENCIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES FOR ELDERLY SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), TO THE EXISTING AGREEMENTS WITH SAID AGENCIES, FOR SAID PURPOSE(S). 09-01360 Legislation.pdf 09-01360 Exhibit.pdf 09-01360 Exhibit 2.pdf 09-01360 Exhibit 3.pdf 09-01360 Exhibit 4.pdf 09-01360 Summary Form.pdf 09-01360 Public Notice.pdf 09-01360 Previous Agreement.pdf 09-01360 Previous Legislation.pdf 09-01360 Previous Legislation 2.pdf 09-01360 Attachment A.pdf 09-01360 Attachment B.pdf 09-01360 Attachment C.pdf 09-01360 Budget Forms.pdf 09-01360 Exhibit D.pdf 09-01360 Exhibit E.pdf 09-01360 Attachment F.pdf 09-01360 I nsurance. pdf 09-01360 Contracts Module.pdf 09-01360 Community 2020.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-09-0567 Chair Sarnoff All right. PH.8. George Mensah (Director, Community Development): Mr. Chair, PH.8 is the allocation of $50, 000 from Community Development program income to the agencies that are attached to the list. Chair Sarnoff Is there anyone from the public wishing to be heard on PH.8? You're recognized for the record. Elisa Maria Juara: Good afternoon, Commissioners, Chairman. It's very good to be here. And thank you for the extra money. Oh, my name is Elisa Maria Juara. I am representing Little Havana Activities and Nutrition Center of Dade County, Inc., 700 Southwest and 8th Street. And all my fellow elder come -- agencies that had to leave because they could not stay. We are very grateful for all your support, because there's a big need for the elderly in this community. We always get calls that they need more meals at home, and the centers, you know, we have just opened a new one at Brickell, and it's not -- it's a not -for -profit building. No. So -- City of Miami Page 40 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff And you're doing the right not -for -profit work. Ms. Juara: Thank you. No. Yes. I understand what you are saying, andl believe in capitalism because I believe in the United State [sic] of America is the free country and the best country in the world. So I just wanted to thank you for that additional funding, because nothing is little, nothing is enough. So thank you very much. Chair Sarnoff You're more than welcome. All right, anybody else in the --? Mariano, are you speaking on behalf of the elderly? I'm just teasing. Mariano Cruz: Mariano Cruz, 1227 26th Street. Free enterprise. "Free, " okay? You know, I see here Exhibit A, but they don't say which nonprofit are the one getting that extra money, because we have a lot of elderly people in Allapattah, especially since the County -- the City allowed to put most of the public housing there, so you know, the three towers, (UNINTELLIGIBLE), a lot of old people there. Chair Sarnoff Let me just correct something on the record. Mr. Cruz: I want to see Exhibit A. Who is Exhibit A? Chair Sarnoff Allapattah Community Action. Mr. Mensah: Here. Chair Sarnoff It's in there. Mr. Cruz: Is getting -- Chair Sarnoff It's in there, Mariano. Mr. Cruz: Okay. Well, I don't see here. Commissioner Suarez: And you're doing very well. Mr. Cruz: Okay. That's good Chair Sarnoff As a matter of fact -- Mr. Cruz: Now -- Chair Sarnoff -- some of us commented extremely -- Mr. Cruz: -- stilll have a (UNINTET,TIGIBT,F) quoting -- about quoting you. I used to work 401(3)c [sic], used to work, then I put my business, (UNINTET,TIGIBLE) Pest Control business, and you know what I got to leave the business? The so-called free enterprise. Tried to do business with a license. Before I open the doors in the morning, I got $200 overhead, the EPA (Environmental Protection Agency), the DERM (Department of Environmental Resource Management), the FBA. All these are calling. Everybody was -- have their hands in my pocket. You know what did? I left the business. I went to work for the Post Office. Why? Because I get paid everyday. They get holidays, everything, overtime, you name it. Raise the price for the stamp, whatever, I still being paid, you know. And that call -- we are in a socialist society already. You talking about capitalism? Ah, come on, there's not anymore capitalism in the United States. Chair Sarnoff Thank you for your economic analysis. All right, PH.8, gentlemen. Is there a City of Miami Page 41 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 motion? Commissioner Suarez: I make the motion. Chair Sarnoff Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Go ahead with discussion. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: Mr. Mensah, why such a disproportionate amount between organizations? Mr. Mensah: The proportion is due to the proportion at which they were first allocated funding in June. What we did was that we looked at each funding. We added up each funding, then we redistributed 50,000 proportionately among them. So the ones -- so the agency that got lot more money in June also got more money this time. Vice Chair Carollo: Okay. I don't necessarily agree with that methodology, and I'm not going to hold this up, but just for the benefit ofMr. Cruz, the Allapattah Community Action, Inc. received 18,000 out of those 50,000. So they actually did extremely well. Second by Little Havana Activity Center, which received 9, 980, 000. So with that said, I don't know if the methodology is exactly correct. However, I'm not going to hold it up. I just -- for next year, I want to revisit this and see how these monies are going to be allocated just to make sure that there's fairness. Mr. Mensah: No problem, Commissioner. Chair Sarnoff All right. We have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. PH.9 09-01356 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI'S ("CITY") Development SUBSTANTIALLY AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009 AND THE NEIGHBORHOOD STABILIZATION PROGRAM'S REVISED IMPLEMENTATION POLICIES, ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE CITY'S AMENDED ANNUAL ACTION PLAN FOR FISCAL YEAR 2008-2009 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR REVIEW AND APPROVAL. 09-01356 Legislation.pdf 09-01356 Exhibit.pdf 09-01356 Exhibit 2.pdf 09-01356 Exhibit 3.pdf 09-01356 Summary Form.pdf 09-01356 Public Notice.pdf 09-01356 Pre Legislation.pdf 09-01356 Pre Legislation 2.pdf 09-01356 Pre Legislation 3.pdf City of Miami Page 42 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 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-09-0568 Commissioner Suarez: Chairman, is it possible to hear PH.3 simply because we have members of the community that are here, before lunch. Chair Sarnoff We're going to go to PH.9 -- Commissioner Suarez: Okay. Chair Sarnoff -- only because I'm -- this will cost us money. Commissioner Suarez: Oh. Chair Sarnoff Everything I'm doing right now is the intention of -- Commissioner Suarez: Okay. Chair Sarnoff -- not having somebody try to come back -- Commissioner Suarez: Okay. Chair Sarnoff -- and cost us money. PH.9. Andl don't want to piss offMs. Eisenberg. George Mensah (Director, Community Development): Commissioner, PH.9 is to amend the annual action plan for NSP (Neighborhood Stabilization Programs) program. We amended -- we did two things there. We increased the area of greatest needs, which is to cover most of the City, and then we moved $1 million from the land banking area to Strategy B, which is to purchase abandoned and foreclosed properties. So that was to the extent of what we did there. Chair Sarnoff All right. PH.9. It is a public hearing. It is now opened. Anybody from the public wishing to be heard on PH.9? Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a motion? Vice Chair Carollo: I move it. Commissioner Suarez: I second the motion. Chair Sarnoff All right, motion and a second. Any discussion, gentlemen? All right. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Chair, ifI might interrupt. She's got to go. We have a call in to the agency. They're going to do their best to send us someone else. George, is that --? Mr. Mensah: No problem. Ms. Thompson: All right. Thank you. I apologize. We're just on a time frame. Chair Sarnoff Thank you. PH.10 09-01357 RESOLUTION City of Miami Page 43 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO AMEND Development "EXHIBIT B-WORK PROGRAM" AND "EXHIBIT C-COMPENSATION AND BUDGET SUMMARY" OF THE CITY OF MIAMI COMMERCIAL FA?ADE AGREEMENT, TO INCLUDE THE ACTIVITIES FOR THE CORRECTION OF CODE COMPLIANCE VIOLATIONS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-01357-Legislation-SUB. pdf 09-01357-Exhibit-SUB. pdf 09-01357-Exhibit 2-SUB.pdf 09-01357 Summary Form.pdf 09-01357 Public Notice.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-09-0570 Chair Sarnoff All right, PH.10. George Mensah (Director, Community Development): Commissioner, PH.10 is a resolution to amend the work program and the compensation and budget summary for the -- to include activities for the correction of Code compliance violations; authorizing the City Manager to execute an amendment. As you know, last -- the last December 10, we came to the Commission and appropriated funds for Code Enforcement salaries, and included in that was a Code compliance program, and that Code compliance program allows the nonprofit to be able to assist us in correcting those Code compliance issues. And so this is just a resolution that will amend the current contract we have with the nonprofits to include the additional $16, 000 and also to change their work scope so that they can do Code compliance. And this is a substitution on this, and the only reason we have the substitution is that the number of the resolution was not available at the time when the agenda was presented. That is why we have a resolution -- a substitution, sorry. Chair Sarnoff I'm sorry. We have a substitution? Mr. Mensah: Yes. Just on the -- just to include the resolution number. Chair Sarnoff Okay. Let me open up the public hearing. We have a public hearing on PH.10. Anybody from the public wishing to be heard on PH.10? Hearing none and seeing none, the public hearing is closed. It comes back to the Commission. Is there a motion from this Commission? Commissioner Suarez: I'll make the motion. Chair Sarnoff All right. We have a motion by Commissioner Suarez. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Do we have discussion on the item? Hearing no discussion, I'm going to call the question. All in favor of PH.10? The Commission (Collectively): Aye. City of Miami Page 44 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff All right, we're done with the PHs (Public Hearings). Priscilla A. Thompson (City Clerk): As amended. Chair Sarnoff As substituted. Mr. Mensah: Substituted. Ms. Thompson: Correct. Thank you. Chair Sarnoff Just want to make sure, Ms. Eisenberg, we use the right terms. Ms. Thompson: Thank you. END OF PUBLIC HEARINGS City of Miami Page 45 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 FR.1 08-00687 Department of Employee Relations ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEUPENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO AMEND THE SPOUSAL BENEFIT REDUCTION FACTORS; MORE PARTICULARLY BY AMENDING AND UPDATING SECTIONS 40-245, 40-254, 40-255 AND 40-266; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation.pdf 12-17-09 08-00687 Summary Form 12-17-09.pdf 08-00687 Actuarial 12-17-09.pdf 08-00687 Cost Impact 12-17-09.pdf 08-00687 Reduction Factors 12-17-09.pdf 08-00687 Actuarial Impact 12-17-09.pdf 08-00687 Cost Impact 2 12-17-09pdf 08-00687 Memo.pdf 08-00687 Legislation 1-14-10.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 Chair Sarnoff All right, gentlemen -- Estrellita Sibila: Thank you, Commissioners. Chair Sarnoff -- this is our last issue before the lunch agenda, FR.1. We're in the regular agenda. We are on page 13. Regular agenda, gentlemen, page 13. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I know I made an issue last Commission meeting about this. When I met with Management, I was told that this issue was going to be deferred, andl think Management this time told me, yes, Commissioner, it will be deferred; you don't have to worry. Once again, I put it aside; I took Management's word on it, and moved on. Chair Sarnoff Let me explain what happened. I received a phone call from Charlie Cox saying that people were en route in the air and that he had a substitute item. Andl have seen this Commission time and time again not allow the public hearing to take place despite the fact the people spend hundreds of dollars traveling to the City ofMiami, sometimes thousands. I suggest, as we conduct the public hearing, we fully expect to then defer it but allow them to at least have the benefit of their hotel room and their flight here in Miami, andl think that's an appropriate thing to do. Andl actually -- the City Manager was defending your position, andl overruled him and said that we would hear it. We do not have to vote on it, but we would discuss it. City ofMiami Page 46 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: Okay. I just -- again, I just don't want this to be -- Chair Sarnoff A practice. Vice Chair Carollo: Yeah. -- the norm. And as long as I don't have to vote on it, yes, I'll sit here and hear it. Chair Sarnoff And the City Manager owes me a lunch, I think. Charlie Cox: Andl do apologize, but didn't find out about it till yesterday and they were already on their way down here. And you know what, you all can say what you want, but I'm not here to rob from this City. I never have. And you all are the ones that pay the costs for these people anyway because you're responsible for the cost of the operation of the board. So if anything, it's saving all of you money that we so dearly need. And what you're going to hear today is that because of the -- one change that we need will save you -- we're losing $3 million. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Before the speaker leaves, can we have - -? Mr. Cox: Charlie Cox -- Ms. Thompson: Thank you. Mr. Cox: -- 4011 West Flagler Street. Chair Sarnoff Charlie, don't get me in trouble with Teacher Eisenberg again. Mr. Cox: Yes. Chair Sarnoff Yes, sir. Anybody recognized who wishes to discuss the substitute issue that is in front of this Commission that we have not read and help us get through it on a public hearing? Wallace Wilson: Thank you, Mr. Chairman, and thank you and the Commissioners for your indulgence to hear this today. We appreciate that very much. I am here to speak about the first - - my name is Wally Wilson. I'm with Southeastern Advisory Services. We're the investment consultant for the GESE (General Employees and Sanitation Employees) Board of Trustees, and my address 14808 Southwest 132ndAvenue, Miami. Under Section 40 -- 245 of the proposed ordinance, paragraphs D and E, these deal with the investment issues under the proposed ordinance. The summary is basically that these two paragraphs -- changes to these paragraphs provide additional flexibility to the board's professional money managers, which both us and the board and the money managers believes will give them the opportunity to increase the investment return under the GESE trust. Probably the most significant item in this -- these two paragraphs is the increase in the allowed allocation of foreign investments from a 10 percent limit to a 15 percent limit. The state allows up to a 25 percent limitation. And recent surveys have indicated that the average for public pension plans is in the neighborhood of 15 percent. We did do some work on this one. And if we had this in effect during the year 2009, this would have increased the investment return of the GESE trust by about $2.5 million. It's difficult to predict over the future what the implications will be, but the international investments have been very important over the last number ofyears and have outperformed the U.S. investments to some extent, and we feel a reasonable guess as to the impact on an ongoing basis would be each and every year an increase in the investment return of somewhere in the neighborhood of $250,000. That's each and every year on a compounded basis. So we would ask the Commission's approval of these changes to the investment section of the ordinance that, again, would allow our professional money managers to improve their returns. City of Miami Page 47 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Thank you. Mr. Wilson: Thankyou. Chair Sarnoff Commissioners, questions? Commissioner Suarez: Yes, I have a question. Chair Sarnoff Go ahead. Commissioner Suarez: I guess now is probably the best time to ask the questions since he's here. He may not be back if this comes back to us. My question is -- it seems to me that you're -- what you're saying is that you want us to give you the liberty to invest money in other vehicles that you do not at this point have the liberty to invest in, in essence. And my question to you is -- and obviously, you have a -- you just gave us a one-year upside of what that could look like, in essence, but -- and hate to be pessimistic, butt happen to be a finance major, so you know. The down side is whenever you get in a riskier investment, return and risks are, you know, two companion issues. If your investment, for whatever reason, which happens to be riskier because the yield is higher, doesn't pan out, correct me if I'm wrong -- and ifI understand our Gates obligation -- we would be obligated as a city to make up for that deficiency. Is that correct? Mr. Wilson: The deficiency, if, in fact, it occurred -- Commissioner Suarez: Right. Mr. Wilson: -- would be -- would generate on its own an actuarial loss which would be amortized into the future over a number of period of years according to the ordinance and according to the actuarial procedures that are being involved here. But, again, the board, us, and the money managers are very concerned about the risk issues here. We are not asking for -- they are not asking for significant changes here. We're talking about going from a 5 percent limitation to a 7 percent limitation. We're talking about going from a 10 percent limitation to a 15 percent limitation. And, again, there have been many discussions with the board and the money managers, and they feel that these are very appropriate. Commissioner Suarez: My question, again, was after -- you know, after amortizing in essence the loss, if there were a loss under allowing or changing the formula under which you can invest your money, my question was specifically would the City have to bear the cost of that amortized loss in -- against its operating budget under its Gates requirements? That's my question. Mr. Wilson: The answer is yes; as would the City enjoy any advantage if there was an upside. Commissioner Suarez: Of course. Thankyou. Andl appreciate your presentation. Mr. Wilson: Thankyou. And the rest of the ordinance as -- to some extent, actuarial issues, and the board's actuary is here also to speak to those. Thankyou. Jose Fernandez: Jose Fernandez from Cavanaugh McDonald. We're the actuaries for the Retirement Trust and based out of Atlanta, Georgia. And most of the other changes -- in fact, all of the other changes are administrative in nature or really changes to reflect changes to the ordinance that had been adopted through collective bargaining or previous ordinance changes that the Commissioners have adopted, so none of the other changes affect the benefits themselves that are being paid from the Retirement Trust. It's really more to clam some of the administration of how the benefits are calculated essentially. Chair Sarnoff Thank you. City of Miami Page 48 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Fernandez: Andl -- if you'd like, I can go into detail -- Chair Sarnoff I -- you know, I think -- I don't think you need to 'cause I think Commissioner Carollo, I know, is going to go back and read this carefully. And -- do you have any questions? Vice Chair Carollo: Actually, the only question thatl have is once I actually look at this and analyze it and so forth 'cause, like I said, I just received this andl haven't looked at it. As soon as the Manager told me deferred and we made that, you know, agreement, I put it to the side, so I haven't seen this. I haven't studied it or anything. So my only question is once I have the opportunity to do that, who shouldl address the questions to? Is there someone I could call and so forth? And you know, would someone be available for -- to answer questions? Mr. Cox: Absolutely. And we do have our pension administrator here and any of the actuaries are -- and if you need them to come back down, we can do that too. It's just we're trying to save some money. Chair Sarnoff Well, could you put it -- could you at least make sure that he has your phone number on the record or -- doesn't need to be on the record. Mr. Fernandez: I can leave my card -- Chair Sarnoff All right. Mr. Fernandez: -- if that would be helpful. Chair Sarnoff You know, you guys bring up an interesting dilemma or issue and that is the institutionalization and expansion of your desire to invest in markets other than the United States. And you're actually saying to the American folks it's better elsewhere than in America. You know, it's -- interestingly enough, I received that phone call two years ago last year and again this year by my broker, if you will, asking me to invest outside ofAmerica, and I've pretty much refused to do that. So now you ask us, as a city, to invest exterior ofAmerica because you actually anticipate better profits coming from outside ofAmerica. It's an interesting philosophical question. Because if we do this -- you are one of probably 100,000 pension boards that will be doing this and -- well, I think that's true, Charlie, 'cause I'm -- trust me, there's a great -- there's a significant outflow of investment exterior ofAmerica that's occurring from American companies. And the question you have to ask yourself is what will the effect of 100 million raindrops be? So -- I know you're going to want to defer this, so why don't we just do a motion to defer. Commissioner Suarez: Yeah, I would like to do a motion to defer. And l just want to make one additional comment, which is your point, sir. I didn't get your name. Your point. Mr. Cox: Charlie Cox. Commissioner Suarez: No. I know you, Charlie. Mr. Fernandez: Jose Fernandez. Commissioner Suarez: Jose. You said that the second aspect of this presented some changes in administration was that the -- kind of the terminology that you used. Mr. Fernandez: Right. And -- Commissioner Suarez: That were administrative in nature which, to me, is kind of a euphemism, City of Miami Page 49 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 you know. Andl think you can see the posture of this board and this Commission that we want details. Mr. Fernandez: And -- Commissioner Suarez: We want details. We don't want things glossed over. We don't want -- you know, we want -- Mr. Fernandez: And it -- Commissioner Suarez: -- and we will get into it when we have the opportunity to study the issue. But I just -- Mr. Fernandez: Sure. Commissioner Suarez: -- just for your own edification purposes. Mr. Fernandez: And it might be helpful since I'm here maybe to go over some of it and then when you read it, you can take that -- Commissioner Suarez: Well, I'll leave that to the Chairman. I will make the motion to defer. Chair Sarnoff I don't think that's wise. I mean, I know -- I suspect Commissioner Carollo is going to sit down, he's going to make notes, and then he's going to ask questions. That's how I would do this. Ronald Silver: Mr. Chairman, may I just say one thing quickly? Vice Chair Carollo: However, I'm not going to do that when I just got handed -- Mr. Chairman: I -- and you know what, you're making your point. It's a fair point. We -- you have established who you are and what you are and in a positive professional manner and we actually work around that now 'cause the first thing we said was Commissioner Carollo is not going to like this. Mr. Silver: Mr. Chairman, ifI might? Chair Sarnoff Thirty seconds. Mr. Silver: Yes, sir. Ron Silver, general counsel for the GESE Retirement Trust, 407 Lincoln Road. I pledge to you that what we will do is we will bring the administrator down and we'll meet with each one of you so that we can explain in detail 'cause these aren't items that everybody, you know, knows about. Andl like Commissioner Suarez; I'm a finance major, so we can talk pretty well. But pledge to you this, we will visit each one of you and explain in detail what this is. Chair Sarnoff Okay. Thank you. All right, we have a motion -- Commissioner Suarez: Thank you. Chair Sarnoff -- to defer. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. Any further discussion, gentlemen? City of Miami Page 50 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Thompson: I -- Chair Sarnoff Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff I recommend that we take a lunch -- Ms. Thompson: IfI might. Chair Sarnoff Ms. Eisenberg. Ms. Thompson: We do need a date. When would you like for this to be back -- placed back on the agenda? Chair Sarnoff Is there an emergency on this? Is --? How fast does this need to occur? Mr. Fernandez: Other than if you buy into the theory that we will make more money by, you know, doing some of these investments and -- Chair Sarnoff First meeting in January. Ms. Thompson: That'll be January 14. Thank you. Chair Sarnoff All right. Ms. Thompson: And, sir, I'm sorry; I cut you off. Chair Sarnoff Gentlemen -- that's okay. My -- Ms. Eisenberg always did. Why don't we adjourn till 3: 30? Is that an adequate lunch? Commissioner Suarez: That's perfectly fine. Chair Sarnoff Commissioner? Vice Chair Carollo: Yes. Chair Sarnoff Okay. Ms. Thompson: Please, if you'll just bear with me. Since we're breaking -- Chair Sarnoff Okay. Who do we have coming back at --? Ms. Thompson: Right. Since we're breaking until 3:30, we have our sign language interpreter coming back. We'll only have -- we'll have that person back at 2: 30. We'll have them for two hours, so I just ask if we can do PH. 7 and PH.10 when they come back? And then after that, you've tabled your issue on Flagstone that was supposed to come up at 2 o'clock -- yes, at 2 o'clock. So I'm just offering that out as information. Chair Sarnoff We will go right to the PHs (Public Hearings). We will bring back Flagstone to see if they're even here, andl suspect they're not. Ms. Thompson: Okay. City of Miami Page 51 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 FR.2 09-01361 Department of Employee Relations Chair Sarnoff And then we will take up the rest of the agenda. Ms. Thompson: Thank you. Chair Sarnoff But you're right, we will not make misuse of your sign language interpreter. Ms. Thompson: And my budget. Thank you very much. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 40-108 TO PROVIDE FOR HOLIDAY PAY IN CONJUNCTION WITH FURLOUGH DAYS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01361 Legislation FR/SR 1-14-10.pdf 09-01361 Summary Form FR/SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff Okay. Now we are moving towards RE.2. Julie O. Bru (City Attorney): Mr. Chairman, there were still two first reading ordinances that came -- at least in order of how they appear in the agenda, that we might just want to get rid of those too. FR (First Reading) -- Chair Sarnoff FR.1, we did -- Ms. Bru: Right. So it's -- Chair Sarnoff -- by substitution. Ms. Bru: --FR.2 andFR.3. Chair Sarnoff All right, sorry. We'll go to FR.2, page 13 on the regular agenda. Page 13. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, FR.2 is an amendment to the personnel civil service rules and regulations to provide for holiday pay in conjunction with furlough days. What it is is that it would allow for an employee to take a furlough day before and/or after a holiday without impacting the holiday itself. Chair Sarnoff I understand it. Do any of the other Commissioners --? Commissioner Suarez: Yeah, I understand. Chair Sarnoff Okay. We have FR.2. Is this --? Let me open it up for the public. Is there anyone wishing to be heard on FR.2? Hearing none, seeing none, it comes back to the Commission. FR.2, is there a motion? Commissioner Suarez: I make the motion. Vice Chair Carollo: So move. City of Miami Page 52 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Bru: That's -- Commissioner Suarez: I second the motion. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Carollo. All in favor, please say "aye." Ms. Bru: Let me go ahead and read the ordinance -- Chair Sarnoff Oops. Ms. Bru: -- into the record. Chair Sarnoff Sorry. It is an ordinance. 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.3 09-01366 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Finance 31/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS," BY UPDATING CATEGORY SECTIONS AND INCREASING FEES BY FIVE PERCENT (5%), TO REFLECT THOSE THAT WHERE MISSED IN THE PREVIOUS REVISION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01366 Legislation FR/SR 1-14-10.pdf 09-01366 Summary Form FR/SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff All right. FR.3 we're not deferring, correct, gentlemen? That's -- FR.3 is in play? FR.3. Diana Gomez: Diana Gomez, Finance director. FR.3 is a first ordinance where we're recommending that the City Commission adopt the attached amendment to Chapter 31 of the City Code, which addresses the inclusion of business tax receipt category of slot machine operations and correct -- corrections of scrivener's errors from the last update of Chapter 31 that passed on October 8, 2009. Commissioner Suarez: Chairman Sarnoff? Chair Sarnoff You're recognized for the record, Commissioner Suarez. City of Miami Page 53 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: I had asked the City Manager a follow-up question on this, andl have not received yet an answer on it. So I was hoping that this item could be deferred to the next meeting. Chair Sarnoff Can we table it and maybe you could get an answer before the --? I'm just -- I'm trying not to defer to -- Commissioner Suarez: Right. I mean -- I don't know. Can I get an answer on it? The problem is, I can't even step away to discuss it with him. Pedro G. Hernandez (City Manager): Mr. Chairman, I'll check with the Commissioner. If you allow -- if you can table it, I'll follow up with him. Chair Sarnoff Let's table this -- Commissioner Suarez: Okay. Chair Sarnoff -- 'til the end of business today. Commissioner Suarez: Okay. Chair Sarnoff All right. No action other than tabling. Is that correct, Madam Clerk? All right. [Later..] Chair Sarnoff All right. I believe the last thing is board appointments and committees. Is that right, Madam Clerk? Priscilla A. Thompson (City Clerk): Actually, according to what I have here, FR.3 had been tabled to the last part of the day. Chair Sarnoff Ah, yes. Ms. Thompson: It's on this agenda. And then we have the BC. (Boards and Committees) board and appointments, and then we go into -- Chair Sarnoff Is -- Ms. Thompson: -- the district pages. Chair Sarnoff -- the Commissioner comfortable with FR.3, or would you like to defer it? Commissioner Suarez: Yeah, I can hear -- we can hear FR.3, if you'd like to. I've gotten some information since then. Chair Sarnoff All right. Let's bring up FR.3. Diana Gomez, you're recognized. Ms. Gomez: Diana Gomez, Finance director. FR.3 is recommending that the City Commission adopt the attached amendment to Chapter 31 of the City Code, which addresses the inclusion of the business tax receipt category of slot machine operations, as well as correcting scrivener's errors from the last update of Chapter 31, which happened on October 8, 2009. Chair Sarnoff All right. This is a public hearing. We're going to open it up once again on FR.3. Anybody wishing to be heard on FR.3? Hearing none, seeing none, it comes back to the Commission. And to the Commissioners, what is your pleasure? City of Miami Page 54 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: I move it with discussion. I have questions. Chair Sarnoff All right. We have a motion by Commissioner Carollo for discussion. Commissioner Suarez: I'll second it with discussion. Chair Sarnoff Second by Commissioner Suarez. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Ms. Gomez, I just want to put in for the record and verin, the only new tax here is actually the pari-mutuel tax, which will be the 5 percent. Is that correct? Ms. Gomez: No. The only new tax is the slot machine operations category, which was never on here, so it was never at any amount, so it's for the amount that's stated in the attachment. Vice Chair Carollo: So it's actually for a new category of slot machines? Ms. Gomez: That's correct. Vice Chair Carollo: How many locations of slot machines do we have in the City? I could think of one. Ms. Gomez: Yes. Currently, that's all that we have. Noel Chavez (Finance Department): Currently -- Noel Chavez, Business Tax Receipts Supervisor -- one. The Jai Alai will also be offering, but I don't know when. Vice Chair Carollo: Perfect. And then any other changes here would be for, what would you say, scrivolous [sic] errors that were there? Because, in all fairness, there was across-the-board 5 percent increase that was passed in previous Commission meetings, correct? Ms. Gomez: That is correct. So there were some -- in the attachment that was passed before, there were a couple of items -- I think there was nine items in total that had some scrivener's errors, typographical errors, which we caught and we want to correct. Vice Chair Carollo: Exactly. But as far as passing the 5 percent increase across-the-board, that was passed -- Ms. Gomez: That was already passed. Vice Chair Carollo: -- in previous Commission meetings? Ms. Gomez: That is correct. Vice Chair Carollo: So the only difference will be the new category for slot machines? Ms. Gomez: That is correct. Vice Chair Carollo: I don't have any other questions. Thank you. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Chairman. I think -- and I'm trying to think if there's City of Miami Page 55 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 anything that want to add to what Commissioner Carollo said. I just want to clam, I want to be clear on the record that -- well, I do have a question. Why is it necessary for the Commission to vote on correcting these "typos" when you were authorized by a prior Commission to increase these fees? Why now is there a need for additional Commission action to correct these typos? That's my -- Ms. Gomez: Okay. Commissioner Suarez: -- concern, my question and concern. Ms. Gomez: When the Department realized the typographical errors, we did go to the Legal Department to ask if we could just correct them under the scrivener's error type of corrections and we were told that, no, we needed to come -- it would be preferred to come in front of the Commission to get it approved. Commissioner Suarez: Is there a financial aspect to these typos? Ms. Gomez: Yeah. Technically, I guess there is because in the attachment of the previous item that passed, the typos -- the three categories had incorrect dollar amounts attached to it. Those three amounts were not increased by 5 percent from the previous. It was typed incorrectly, so there are corrections that will take it, just the 5 percent, but not from what it was in that attachment. Commissioner Suarez: Yeah. See, now you're getting to the point where I want you to get to. The "typos " for some are not typos for other because they're going to have a consequence, it seems to me, of increasing their fee 5 percent. Ms. Gomez: From the -- Commissioner Suarez: Is that correct? Ms. Gomez: -- time that we --from the old ordinance, before it was increased on October 8, there was a certain fee. That fee should have been raised 5 percent as the resolution was adopted on October 8, but the attachment incorrectly showed a wrong amount. So the attachment was incorrect, but the ordinance changed or gave the ability for each category to be increased by 5 percent. It was just the attachment that was incorrect. So there's -- I don't -- I guess I'm not sure how to explain that. The 5 percent increase should've been put -- should've brought it up to that number. Commissioner Suarez: Let me maybe try answering [sic] the question in a different way. Ms. Gomez: Okay. Commissioner Suarez: I mean, asking the question in a different way. This was approved by a prior Commission. Ms. Gomez: That's correct. Commissioner Suarez: Okay. This -- these -- the incomes that are derived from this increase have been budgeted for fiscal year 2010? Mr. Hernandez: Yes. Ms. Gomez: Some of it has because the increase did not go into effect until -- City of Miami Page 56 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: Okay. Ms. Gomez: -- October 8. Most of these bills were paid already before October 8. Commissioner Suarez: My concern is similar to Carollo -- Commissioner Carollo's concern on the minutes of one of the meetings -- of the first meeting, which is I don't want any take -- to take an action now that I would not have taken necessarily as a Commissioner then. And so that's why I asked your office specifically if we could bifurcate, if we could split the issue of -- because I don't think any -- I mean, I don't have a problem with, I guess -- well, philosophically, I have an issue with all these fees, to be completely honest with you, but you know, we charge the fees. The one or two people who are going to be subject to those fees are not here for whatever reason. They're not objecting to the fees. They have the right to be here. They have the right to object to the fees. It's a new business, you know, in the City ofMiami. I suppose we could take up this issue from a philosophical perspective at some other moment, particularly when our financial outlook is maybe different than it is right now. But my main concern is simply that this is being couched as a typo and, in effect, you're really asking us to increase these fees that I -- Mr. Manager -- Mr. Hernandez: If -- Commissioner Suarez: Yeah. Mr. Hernandez: -- I may because I think that we have to put this into perspective. Yes. The action was taken by a prior Commission. There are hundreds of categories of occupational licenses. They all were increased 5 percent. There were six -- Ms. Gomez: Three. Mr. Hernandez: -- or three that were wrongly -- Ms. Gomez: Increased. Mr. Hernandez: -- increased. So, in essence, out of the hundreds that were increased, there were three that have the wrong increase, and those are the ones that are called a typo because the whole population was increased by 5 percent, and we're talking about maybe a couple of hundred. I don't know how many. And only three were shown incorrectly. The one that we're adding, the new category, is for the slot machines, and that's totally new. And they are aware because I spoke to them this morning. Commissioner Suarez: And they don't have an objection to it? Mr. Hernandez: They don't have an objection to the item. And they realize that there's a second reading. The concern that they have really is not with this item. They are, I would say, looking for relief on what they have to pay to the City per an agreement that we have with them, not the occupational license. Commissioner Suarez: Madam City Attorney, is it necessary for us to take this action to correct these errors? Julie O. Bru (City Attorney): Okay, I have a couple of things, and then I have a question. First of all, what I understand happened was that you had an ordinance that was lawfully approved by a prior Commission that in the resolution it described in words a certain increase, but then the attachment where the math was done, in certain respects, was incorrect. Ms. Gomez: Three items. City ofMiami Page 57 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Bru: Okay. All right. So if that's what happened, it would be -- I think it can be considered a scrivener's error. However, because it is a financial -- it has financial implication, it should be clamed on the record as opposed to just administratively correcting it. Having said that, I have a question. There is a category here that doesn't seem to fit what we're describing, which is the flea market. I don't see here that you're just adjusting a mathematical error. I see a brand-new fee here that -- because there's an amount that's just underlined. There's no strike -through. Ms. Gomez: No. Ms. Bru: Well, it's on page 14 out of 30, flea market, one day, $664, and it's underlined. Ms. Gomez: I don't know why it's underlined, but that has not changed. Ms. Bru: Okay, so then this is an error? So it should not be underlined? Ms. Gomez: It's not underlined in mine. Ms. Bru: This is an existing fee? Ms. Gomez: Yes, it is. Ms. Bru: Okay. And then the one below it, there seems to be one that it's not being increased, that's being reduced. Ms. Gomez: It -- the reason is because the category itself, it just -- it was a literal typographical error in the chart. The person who typed it in typed in 265 instead of 252 at the time that the attachment for the previous item was heard. With all of them that are being corrected, that is exactly what happened. They incorrectly typed the wrong amount into the cell. So that's why I say it's a typographical error. Ms. Bru: All right. So just to correct that so that we don't perpetuate more scrivener's errors then. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: You know, I think, if anything, this new Commission I think is setting precedent that we are looking at everything. We're not rubber-stamping things. And the truth of the matter is, we're tired of these scrivolous [sic] errors and these errors. I mean, in all fairness, I remember Commissioner Suarez brought up a very good point that, you know, in that project, that should have never been acted on as far as seeking fundings [sic] from the State with the parkland. And you're right, Chairman Sarnoff. I mean, I don't know if we should have spent the amount of time that we spent on it, but at the same time, you know, there's all these errors that are happening that, the truth of the matter is, I -- I mean, I don't think this Commission is really going to put up with. I mean, I think every time you come with these scrivolous [sic] errors, I don't think you're going to have an easy time anymore. What has occurred is that the previous Commission approved across-the-board 5 percent increase. However, let's say nurses, which I think is one of the categories, let's say the fee was $100. That was a standing fee, a hundred dollars. They approved across-the-board 5 percent. However, in the attachment that had all the amounts, they had nurses for 90 or 60 something. So in essence, they approved across-the-board 5 percent increase, yet when you look at the attachment, it said that nurses were 68 instead of 100 or something to that effect. So they're saying that it's a possibility that even though they approved across-the-board increases, since nurses was wrong, 5 percent of 68 City of Miami Page 58 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 is different than, you know, the 5 percent from 100, which again, someone should have looked at the attachment and looked at each amount to verify that they were correct. Is it mundane? Yes. But guess what? It's our job. I mean, this -- these are laws we're passing. These are ordinance we're passing. You know, if someone would have erred -- and at the same time, I mean, we're human. I know there's mistakes, so I'm not trying to be unreasonable or inflexible, but we just see so many of them. I mean, my God, you know. And again, I think this is a new Commission andl think, little by little, it's starting to show. Chair Sarnoff All right. So we have a motion, and we have a second. This is on RE (Resolution) -- what are we on? Ms. Gomez: FR (First Reading). Vice Chair Carollo: FR.3. Ms. Thompson: FR.3. Chair Sarnoff FR.3. Do you want to read it in --? This is a -- Vice Chair Carollo: Ordinance. Chair Sarnoff -- ordinance. Commissioner Suarez: Can I just put something on the record, Chairman, before we read it in? Chair Sarnoff Sorry? Commissioner Suarez: Can I put something on the record before -- Chair Sarnoff Sure. Commissioner Suarez: -- we read it in? Or do I -- do you want me to do it at the moment of voting, 'cause I can do it at the moment of voting, as well? Chair Sarnoff You can exonerate yourself from anything that the prior Commission did and feel compelled to vote on this as a result of standing on the shoulders of others who balanced the budget. I have no problem with that. Why don't you do it at the time of voting? Commissioner Suarez: Sure. Chair Sarnoff FR.3. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Suarez? Commissioner Suarez: Thank you, Chairman. I will vote yes on this item simply because, and in the respect of the prior Commissions that have passed this item -- and this is not coming substantively before me -- so in deference to the will of prior Commissions, I want to put on the record that I would not have voted yes for this item then nor wouldl have necessarily incorporated that into a budgetary analysis then. So in deference to the prior Commission, which as the Chairman correctly stated did take that action and also incorporated that into their budget so they're relying on that -- on those monies, I would not have voted for it, and that's all I have to say about that. I vote yes in deference to prior Commissions. City of Miami Page 59 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Thompson: Continuing with the roll call. Vice Chair Carollo? Vice Chair Carollo: I am also voting yes, and l just wanted to make an explanation. I'm voting yes because this is not a second reading; it's not up to us. I really believe the intent was, across-the-board, to increase at 5 percent, and realistically, it was just the Administration that had errors as far as their numbers. Actually, 5 percent of what, you know, was actually written isn't -- won't even make up -- wouldn't even raise it to the amount that it actually is. So in light of that, I'm going to vote yes, and again, let's hope that this doesn't continue. Ms. Thompson: And then finally, Chair Sarnoff? Chair Sarnoff Yes, with no explanation. Ms. Thompson: Thank you. The ordinance has been passed on first reading, 3-0. END OF FIRST READING ORDINANCES City of Miami Page 60 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 RE.1 09-01331 Bayfront Park Management Trust RE.2 09-01332 Department of Public Facilities RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING THAT IF SIGNIFICANT DELAY OCCURS IN THE MUSEUM OF SCIENCE'S CONSTRUCTION SCHEDULE, THE MIAMI ART MUSEUM USE THE SPACE LEASED BY THE CITY OF MIAMI TO THE MUSEUM OF SCIENCE, AS A TEMPORARY CONSTRUCTION STAGING AREA, TO ALLOW THE BAYFRONT PARK MANAGEMENT TRUST ("TRUST") TO CONTINUE TO PRODUCE EVENTS AT BICENTENNIAL PARK, IN ACCORDANCE WITH A RESOLUTION PASSED BY THE TRUST AT THE OCTOBER 27, 2009 TRUST MEETING. 09-01331 Legislation.pdf 09-01331 Cover Memo.pdf 09-01331 Cover Memo 2.pdf 09-01331 Minutes.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 Chair Sarnoff We can go to the -- RE.1, I'm going to do a motion to defer, Mr. Manager. Pedro G. Hernandez (City Manager): It will be -- right, to defer to the first meeting in January. Chair Sarnoff Okay. Actually, Commissioner -- Commissioner Suarez: I'll make the motion to defer. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. RE.1 is deferred. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND ADDENDUM ("ADDENDUM"), IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AIRSPACE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), TO ADD THE USE OF RIGHT-OF-WAY PARCEL ("RWMS") IDENTIFIED AS PARCEL 0002/RWMS 1060 CONSISTING OF 65,524 SQUARE FEET, LOCATED UNDER I-95 BETWEEN NORTHWEST 7TH AND NORTHWEST 8TH STREETS BETWEEN NORTHWEST 3RD COURT AND NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, EFFECTIVE AS OF THE DATE OF THE ADDENDUM AND City of Miami Page 61 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 PROVIDING FOR A TERM OF FIVE (5) YEARS, WITH THREE (3) ADDITIONAL FIVE (5) YEAR TERMS, FOR RWMS PARCELS 1059 AND 1060, FOR NO RENT, COMMENCING JUNE 20, 2010, FOR PUBLIC PURPOSE USE BY THE CITY OF MIAMI POLICE DEPARTMENT TO ACCOMMODATE OVERFLOW PARKING, THE PARKING OF SPECIALIZED OPERATIONAL POLICE VEHICLES, STORAGE OF POLICE EVIDENCE AND FOR ALLIED, RELATED AND INCIDENTAL PUBLIC PURPOSES; SUBJECT TO FDOT'S APPROVAL OF ANY IMPROVEMENTS; WITH TERMS AND CONDITIONS AS PARTICULARLY SET FORTH IN SAID ADDENDUM. 09-01332 Legislation.pdf 09-01332 Exhibit.pdf 09-01332 Exhibit 2.pdf 09-01332 Summary Form.pdf 09-01332 Airspace Agmt.pdf 09-01332 Notices.pdf 09-01332 Exhibit A.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-09-0579 Chair Sarnoff RE.1 -- sorry, RE. 2, page 14 on the agenda. Madeline Valdes (Acting Director): Good afternoon. Madeline Valdes, Department of Public Facilities. This resolution authorizes the City Manager to execute a second addendum to the airspace agreement between the City and Florida Department of Transportation to add a property known as 1060, consisting of 65,524 square feet underneath 1-95, adjacent to the Police Department, between Northwest 7th and 8th Street and Northwest 3rd Court and Northwest 3rd Avenue. This agreement also provides for an extension of the original lease with FDOT (Florida Department of Transportation) providing for a additional five years with three 5-year options to commence June 20, 2010. This property will be used by the Police Department to accommodate the overflow parking and police vehicles for the College of Police. Are there any questions? Chair Sarnoff Let me open up the public hearing. RE. 2. Anyone from the public wishing to be heard on RE.2? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Gentlemen? Commissioner Suarez: I make the motion. Motion. Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion by Commissioner Suarez, second by Commissioner Carollo. Any discussion, gentlemen? Hearing none, it's a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Ms. Valdes: Thank you. RE.3 09-01367 RESOLUTION City of Miami Page 62 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO CONSENT AND ACCEPT AN ASSIGNMENT OF THE CONTRACT FOR THE AIR CONDITIONING MAINTENANCE AND REPAIR SERVICES AT THE MANUEL ARTIME COMMUNITY CENTER, BID NO. 103058, PURSUANT TO SECTION 1.6 OF SAID CONTRACT, FROM A&M MECHANICAL CONTRACTORS, INC., TO SOUTHERN COMFORT SOLUTIONS, INC., UNDER THE SAME PRICES, TERMS, AND CONDITIONS. 09-01367 Legislation.pdf 09-01367 Exhibit.pdf 09-01367 Exhibit 2.pdf 09-01367 Summary Form.pdf 09-01367 Pre Legislation.pdf 09-01367 Tabulation.pdf 09-01367 I FB. pdf 09-01367-Summary Fact Sheet.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-09-0580 Chair Sarnoff RE.3. Glenn Marcos: Commissioners, Glenn Marcos, Purchasing director. RE.3 is an assignment of the air conditioning system maintenance and repair services contract at the Manuel Artime Community Center. What we're seeking approval from the City Commission is to assign the contract from A&MMechanical Contractor [sic], Inc. to Southern Comfort Solutions, Inc., under the same terms, prices, and conditions that it was competitively bid out and agreed to. Chair Sarnoff All right. It's a public hearing on RE.3. Anyone from the public wishing to be heard on RE.3? Hearing none, seeing none, it comes back to the Commission. RE.3, gentlemen, what is your pleasure? Commissioner Suarez: I'll make the motion. Chair Sarnoff We have a motion by Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion? Hearing none, RE.3, all in favor, please say "aye." The Commission (Collectively): Aye. Mr. Marcos: Thank you. RE.4 09-01371 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AMENDING THE CITY OF MIAMI'S LIST OF EXPEDITED Improvements PROJECTS, PURSUANT TO ORDINANCE NO. 13045, ADOPTED Program DECEMBER 11, 2008, BY REPLACING THE CURRENT "ATTACHMENT A", WITH "ATTACHMENT A - 12/17/09 REVISED," ATTACHED AND City of Miami Page 63 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 INCORPORATED, FOR THE PURPOSE OF INCLUDING UPCOMING CAPITAL IMPROVEMENT SOLICITATIONS AND PROJECTS. 09-01371 Legislation.pdf 09-01371 Exhibit.pdf 09-01371 Summary Form.pdf 09-01371 Text File Report.pdf 09-01371 Text File Report 2.pdf 09-01371 Attachment A.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-09-0581 Chair Sarnoff RE.4. Ola Aluko (Director, Capitallmprovements): Good afternoon. RE.4 is a resolution amending the City's list of expedited projects pursuant to Ordinance 13045 to include upcoming capital improvements projects. Basically, Commissioners, what we're doing is we're adding four new projects soon to be bid, and we're removing four projects that we had awarded. Any questions? Chair Sarnoff It's a public hearing on RE.4. Anybody from the public wishing to be heard, please present themselves for RE.4. Hearing none, seeing none -- You're getting up, Mariano? Mariano Cruz: No. Chair Sarnoff Okay, just checking. RE.4, coming back to the Commission. Is there a motion, gentlemen? Commissioner Suarez: I move. Chair Sarnoff All right. We have a motion by Commissioner Suarez on RE.4. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion? I have a question. Madam City Attorney, is this what is known as a double issue? In other words, is there a double (UNINTELLIGIBLE) in this that it's allowed to be on the agenda as stated? Julie O. Bru (City Attorney): I'm sorry. I don't understand the question. Chair Sarnoff Well, it seems like you're trying to do two things in one resolution, andl want to make sure you've looked at this and you've satisfied yourself that this is an acceptable procedure. And if you want, I'll table it. You could -- Ms. Bru: There -- no. There is no prohibition which would preclude you from considering a resolution that entertains various subjects, as long as it's clearly articulated in the body of the resolution what it is that you're doing. Chair Sarnoff Okay. So then, as you see this, this is an accepted practice and an accepted means and manner of moving this along? Ms. Bru: I believe that this resolution was properly drafted and it's properly before you. City of Miami Page 64 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff All right. Now, second, Mr. Manager, does this in any way affect the baseball stadium? Pedro G. Hernandez (City Manager): No, sir. Chair Sarnoff This has no effect whatsoever? Mr. Hernandez: No. As a matter offact, in the attachment that we have with the item, it says that the parking garages will be presented to the City Commission. Chair Sarnoff All right. I wanted to make sure of that. Okay. So we have a motion, and we have a second on RE.4. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, RE.4 is passed. RE.5 09-01373 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE IN THE CONTRACT Improvements AWARDED TO SHORELINE FOUNDATION, INC., FOR THE PROJECT Program ENTITLED, "MIAMIMARINA PIER NO. 5 REPAIRS, B-30325," FOR ADDITIONAL NECESSARY WORK, IN AN AMOUNT NOT TO EXCEED $53,110.10, THEREBY INCREASING THE CONTRACT AMOUNT FROM $1,235,499.82, TO A TOTAL AMOUNT NOT TO EXCEED $1,288,609.92; ALLOCATING FUNDS FOR SAID INCREASE, FROM AWARD #1496-SUNSHINE STATE LOAN NO. 2; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2., IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-01373 Legislation.pdf 09-01373 Exhibit.pdf 09-01373 Exhibit 2.pdf 09-01373 Summary Form.pdf 09-01373 Text File Report.pdf 09-01373 Amendment 1.pdf 09-01373 Corporate Reso.pdf 09-01373 Text File Report 2.pdf 09-01373 Bid Form.pdf 09-01373 Exhibit A.pdf 09-01373 Exhibit B.pdf 09-01373 Exhibit C.pdf 09-01373 Exhibit D.pdf 09-01373 Letters.pdf 09-01373 Execution Form.pdf 09-01373 Corporate Reso 2.pdf 09-01373 Bonds.pdf 09-01373 Power ofAttorney.pdf City of Miami Page 65 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 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-09-0582 Chair Sarnoff RE.5. Ola Aluko (Director, Capitallmprovements): RE.5 is a resolution to authorize an increase in the contract amount for additional services for Shoreline Foundation, Incorporated, the Miami Marina Pier Number 5 project. This amount is an amount not to exceed $53,110. The amount is to address issues caused by unforeseen conditions, owner -requested changes, and also authority -- having jurisdiction issues. Chair Sarnoff And when you say the owner requesting changes, the owner is the City ofMiami, correct? Mr. Aluko: Yes, the user department. Chair Sarnoff Okay. All right, RE.5. I'm going to open up the public hearing, and there we have somebody right there. Mariano Cruz: Yeah, okay. Mariano Cruz, 1227 26th Street. You know, every City agenda you get a few of these cost overrun, change orders that you're talking about 50,000 here and another one here. Fifty thousand here, fifty thousand there, pretty soon you're talking about big money. And you know, it's very easy -- a low bidder and then ask for a cost overrun, all that. How come is that? Make it work -- you bid, and that's the bid. One million is a million. It's not a million, two hundred thousand, a million, one hundred thousand or whatever. How come everybody go do -- have deep pockets to pay for all of these change orders, cost overrun? We're tired of that, okay. We're tired of seeing all this in the agendas every time. And you know, you go here to number eight, four hundred some thousand dollars more. Chair Sarnoff Tell you what. 'Cause I know you're not doing a political advertisement. Let's find out why we're spending -- Mr. Cruz: Why, yeah. Ask why. Chair Sarnoff Let's ask him why. 'Cause you're right. I see it a lot, too, but let's ask him on this circumstance -- Mr. Cruz: Right. Chair Sarnoff -- why it's $53, 000. Mr. Aluko: Of course, Mr. Commissioner, and also, Mr. Cruz. This is not a cost overrun at the contractor's fault. As I mentioned earlier, we had owner's -- owner -requested changes, andl said authority, having jurisdiction -- that is permitting issues -- and also, unforeseen. The owner -requested change includes a -- some existing timber piles that the user department realized needs to be addressed. Either we pay for it now while we have a contractor on board, or they pay for it later in a new bid. And it's always more expensive to do a new bid. So the client -- ifI may finish. Mr. Cruz: Okay. Mr. Aluko: The client department requested that we add another 45,000 -- $4, 500 worth of timber piles onto the project. As far as the unforeseen conditions -- I'm sorry, the authority, City ofMiami Page 66 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 having jurisdiction, which is electrical reviewer, inspector, there are electrical revisions that were required in order for us to get a permit. It did take some time in order to get those things addressed. And as I had mentioned to one Commissioner during my briefing yesterday, this particular inspection was at the very tail end of the project. Unfortunately, this is the type of inspection that could prolong a project, and that's exactly what it did. And that particular add cost $15, 000. So, to answer your question as to cost overrun, this project in itself has not overrun the budget. It's still within its budget. We're just asking for monies in a different pot to finish these items. Mr. Cruz: Oh, a different pot. Now you see, now you don't see it. Yeah, oh my. Come on. You know, pretty soon it will be the consultant thing too and everything. Fine. Chair Sarnoff Thank you, Mr. Cruz. All right. So back to the -- public hearing. Public hearing is open. Public hearing is now closed; back to the Commission. Gentlemen. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Mr. -- Commissioner -- sorry -- Carollo, you're recognized. Vice Chair Carollo: I understand -- and speaking -- you know, going on what we spoke about yesterday, I understand the inspection was towards the end. But don't you also have inspections at the beginning, during the projects and so forth? Mr. Aluko: That is correct. For -- Vice Chair Carollo: And the inspector couldn't catch it at that time? And here's what see. The work actually costs, more or less, 21,000. The reason it went to fifty -some thousand is because of the insurance. So actual -- actually, the insurance that we had to pay for was actually a lot more than the work. Am I correct? Mr. Aluko: The insurance did cost -- Vice Chair Carollo: Thirty -some -- Mr. Aluko: -- $32, 800. The insurance that was purchased was not only for this work here. There were some other unforeseens during the duration of the project. The only reason why this insurance is showing now as opposed to when we did approve a previous change order is because the contractor submitted his invoice with insurance towards the end of the project, so it's like a reconsolidation. So, yes, you are correct. The insurance did cost 32,000, but not only for the $21, 000 worth of work. There was some other work that he had done prior in the summer. But he, at his own reason, did not submit the bill for the insurance. That's all. Chair Sarnoff All right. Anything -from Commissioner Suarez? All right. So we have a motion. We have a second. Priscilla A. Thompson (City Clerk): No, sir, we don't. Chair Sarnoff Oh, we don't. I'm sorry. Do we have a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. City of Miami Page 67 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 RE.6 09-00939 Virginia Key Beach Park Trust Chair Sarnoff All right, we have a second on RE.5. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Aluko: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE BUDGET OF THE VIRGINIA KEY BEACH PARK TRUST ("TRUST"), ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010, IN THE TOTAL AMOUNT OF $433,346, CONSISTING OF $324,364 FROM THE TRUST'S EXISTING FUND BALANCE AND $109,000 FROM ANTICIPATED REVENUE. 09-00939 Legislation 12-17-09.pdf 09-00939 Exhibit 12-17-09.pdf 09-00939 Cover Memo 12-17-09.pdf 09-00939 Adopted Resos 12-17-09.pdf 09-00939 Budget Highlights 12-17-09.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-09-0583 Chair Sarnoff All right, RE.6. Guy Forchion: Good afternoon. Guy Forchion, Virginia Key Beach Park Trust. Gene Tinney: Gene Tinney, chair of Virginia Key Beach Park Trust. What we'd like to bring to your attention is that there is a change on the item before you. I'll let Mr. Forchion explain that. And we're joined by trustee EnidPinkney. Chair Sarnoff How are you? Enid Pinkney: Vice president of Virginia Key Beach Trust. Patrick Range: I didn't want to miss this opportunity either, Commissioners. So Patrick Range, also trustee, Virginia Key Beach Park Trust. Thank you. Mr. Forchion: Mr. Chairman, Commissioners, this is a resolution to -- first, for the Trust to accept a zero contribution from the City from this 2010 fiscal year and carryover our fund balance from the previous year, fiscal year 2009. The change that Mr. Tinney, our chairman, spoke of is following the printing of this agenda, additional funds were posted to the Virginia Key Beach Park Trust in the amount of $233, 442. That does amend the number that is listed on the resolution of a total of 433,346 to now what is standing at 666, 806. That additional amount will be held in reserve and makes no changes to the budget and the plans of our spending this year. Chair Sarnoff All right. This is a public hearing. Anybody wishing to be heard on RE.6, please step up. Seeing none, hearing none, it comes back to the Commission. Commissioners, what is your pleasure? City of Miami Page 68 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: Go ahead. Commissioner Suarez: I'll make the motion, but I'd like it to discuss this. Chair Sarnoff All right. Commissioner Suarez, we have a motion. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. First, we have discussion. Commissioner Suarez. Commissioner Suarez: I think we have the same question. The question is -- andl think we want to be certain. There's a couple of questions actually. One is, the 324, 364, that's from funds that you currently have available from prior years, correct? Mr. Forchion: Correct. Commissioner Suarez: Okay. The 109 was kind of aspirational in funds that you thought you were going to collect throughout the year in terms of fees and things of that nature? Mr. Forchion: Correct. Commissioner Suarez: Okay. And the new information, the new posting funds that you've received, ifI understand you correctly, and maybe I don't, what you're saying is that will be held in reserve for future years, but will not be part of this budget? Or it will be part of this budget but not allocated for operating expenses this year, but yet reserved for future years? Mr. Forchion: We would want it as part of this budget. It's held in a line that is listed as reserve. That is where its allocation is, but it does put the entire budget as a useable sum of dollars if that situation came forward Commissioner Suarez: Okay. I think that's my question on that. Vice Chair Carollo: Where is this additional two hundred and some thousand comingfrom? And again, you know, it's these last-minute things that are given at the last minute and so forth that you can't analyze and so forth that I'm telling you, little by little, I'm going to be more and more harsh on. Andl mean, today alone, I don't even want to count how many things at the last minute I've been given, including the financial statements for the Virginia Key Park Trust that I requested yesterday. I think an e-mail (electronic) came out some time at 10 something at night. This morning when I came in, right before the meeting, is when they mentioned that, you know, we finally received your financial statements, which obviously I had no time to review. With that said, where does [sic] these two hundred and something thousand comingfrom? Mr. Forchion: Well, these funds were also, to some degree, brought to our attention a bit late also and did not make this printing, but they came from the last two months of the year, August and September, postings that were not made to the Trust account, roughly in the sum of $108, 000 per month from its earlier 1.25 budget -- million dollar budget. Chair Sarnoff That's kind of disconcerting, Mr. Manager. We went through a budget cycle. We sat here -- andl thoughtl was in a river of blood I mean, all that calls into play to me is how accurate was any of our accountings? I mean, from the City's standpoint, I know they do some accounting, and what I'm hearing from them is that you did an accounting and found an extra $200, 000. Pedro G. Hernandez (City Manager): I don't think that we found any monies for them. City of Miami Page 69 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Well, then I'm not being -- then I'm not understanding and somebody's got to make me understand. Larry Spring (Chief Financial Officer): Can -- Through the Chair, may I ask a question, sir? Chair Sarnoff Oh, have colloquy. Go ahead. Mr. Spring: Okay. The additional 200, 000, is that part of your rollover balance from the last year? Mr. Forchion: Yes. Mr. Spring: Okay, so -- Mr. Forchion: Yes, it is. Mr. Spring: -- it's not new money found It's part of the closeout of last fiscal year, so it's not new money found against the appropriation that this Commission did not make as part of our budget process. Chair Sarnoff So it should be 232 plus 109. Am I wrong on that? Mr. Forchion: Two thirty-three, four -four -two, one -oh -nine, three twenty-four -- Chair Sarnoff Wait, wait, wait. Mr. Forchion: -- three -six -four. Vice Chair Carollo: And forgive me, Mr. Chairman. Chair Sarnoff I didn't mean to interrupt you, but -- Vice Chair Carollo: No, no. By all means, we're here as a team. I don't even see Mr. Spring so certain about that. I see, you know -- exactly. Last-minute thing. Mr. Spring: Right, right. Vice Chair Carollo: We understand each other when it comes to that. You know, I definitely want some clarity on this. And at the same time, once again, it's got that warm fuzzy feeling. And you know, when we deal with numbers, it seems like a hundred thousand here, a hundred there, and you know -- And correct me if I'm wrong, once we approve this budget, should, let's say for instance the projected 109, 000, they not have or they don't meet -- or the estimate was wrong and it come in lower and they don't meet their actual budget, then we're responsible -- or the City's responsible to be able to fund the budget that they have. Is that correct? Mr. Spring: Well, I -- Vice Chair Carollo: In other words, if we approve a budget of "X" amount and their estimate of 109 doesn't come through, let's say it's 50 instead of 100 and they need that money, or they spend that money, they expend that money, then we're the ones who --? Yes. Mr. Spring: Yes. You're correct, Commissioner. As part of the budgetary appropriation process, which is the way you're thinking, we appropriate anticipated revenues -- Vice Chair Carollo: Exactly. City of Miami Page 70 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Spring: -- and we come up with an estimated budget. If those revenues do not come in as anticipated and there's a shortfall, then yes, you may have that issue. However, via forecasting during -- throughout the fiscal period you would expect to catch those and stop the spending prior to them going over the appropriated budget. With regards to closeouts from year to year -- and this happens with a few of our outside agencies -- when the City Commission appropriates a dollar amount, we know that we're going to give them a set amount, if it's $100, 000. Andl know that -- I believe Liberty City Trust, Virginia Key -- who else? Unidentified Speaker: CRAs (Community Redevelopment Agencies). Chair Sarnoff Bayfront. Mr. Spring: Well, CRA is on their own. When you -- we appropriate the money, their money stays in their fund and whatever that remaining balance is typically gets -- is allowed to be rolled over to the next fiscal year to deal with, you know, ongoing expenditures of that -- and does -- alleviates the City's next year's appropriation going forward. Andl believe in this case, in our -- in the City's appropriated budget, we did not appropriate any dollars for the Virginia Key Beach Trust, and we're allowing them to use their rollover balance from prior years, and that's the number. I became aware -- I know that -- it was mentioned to me maybe a day or two ago that they may have had additional dollars that they needed to appropriate because of the calculation was different than what they expected. I've not seen that as of yet, Commissioner, so Chair Sarnoff But that's -- Vice Chair Carollo: Well -- Chair Sarnoff -- where I'm getting lost. Mr. Spring: Yeah. Vice Chair Carollo: Exactly. Well, again, if we're not sure of that calculation or so forth and we're not sure the funds are actually there, the truth of the matter is, if we approve this budget and they expend that amount, realistically, we then have to provide -- or we're liable -- we have to support that budget that we approved, correct? Michael Boudreaux: Mike Boudreaux, director ofManagement and Budget. Commissioners, I can understand the concern about the fact that they need to stay within their assigned budget. But the City itself has this anti -deficiency ordinance which requires individuals, the executive director of this organization, to stay within whatever approved budget that you assign. Now, if they look like they're going to go over their budget, they're supposed to notify you, me, and everyone else that they feel they will go over their budget and that they have to take corrective actions to stay within their budget. Now as it relates to the additional fund balance amount for 2010 that they're here now requesting for, they're saying that since the original review of their fund balance, some additional postings have occurred that have increased their fund balance expectation for the end of '09 so that they would like to use it as a part of their 2010 operation. Now, one of the issues is is that as their books are still not finally closed there is subject to change in their financials. So what they're saying that since their original proposal, they have since had those changes. And they're saying that based on those changes, they would like to incorporate that in their 2010 budget. Mr. Range: Mr. Chair, ifI may, just for some clarity? Vice Chair Carollo: And just one thing. Are these unaudited numbers, I suspect? They're City of Miami Page 71 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 unaudited, right? Mr. Boudreaux: I would assume that they are unaudited numbers that they're dealing with. Mr. Range: Mr. Chair, ifI may. Thank you very much. Commissioners, just for clarity's sake, you know, let's not lose sight of exactly what, you know, happened here. You know, we were told at the beginning of the budget process, you know, that we would, you know, be looking to take a certain cut in our coming year's budget. We prepared for that. As we came forward -- you know, as we got closer to the actual budget hearing, you know, we were then told that our entire budget would be eliminated, okay. We have gone along with that. You know, we had a $1.125 million budget with the City, you know, in years past, or certainly last year, and that was eliminated, okay, so let's not lose sight of that fact. We have had to eliminate a number of jobs. We have two paid staff now where we had -- Mr. Forchion: Seventeen. Mr. Range: -- 17 before. So you have gutted Virginia Key. So let's understand that first of all. Second of all, it is because of the impending loss in our budget that we began to slow our spending because we didn't know what we would have, you know, to work with this coming year, and so that's why you see the adjustment in the numbers because certain things that we were going to spend for we realized that we may need to look at our budget for this coming year and begin to prepare for the fact that we may not have any budget whatsoever. And so that's where you see the discrepancy in the numbers here because we have tried to do whatever we could to be prudent, you know, in order to have some funds that we could operate with this year. I think if you look at the history of Virginia Key, you -- we've never been in a situation where we have been over budget. We have always been in a situation where we have met all of our benchmarks and all of our goals, as far as the master plan that we laid out with the City. And our track record, you know, certainly speaks for itself. So, again, this was our response to, you know, the budget issues that we were faced with in order to be able to just allow us to move forward this year. So -- and all that we're talking about is the rollover funds, funds that we had leftover from this previous year. So, you're correct that the City would be responsible, but we've also mentioned a $200, 000 amount that would be going into reserve, which would not be programmed and would be available so -- such that if -- like we've never done in our past -- we were to go over our budget, that $200, 000 amount would be available in reserve for us to apply to whatever budget overrun we had. So I just wanted you to have a clear picture of where we have come from and how we've gotten here today and what our track record is in dealing with the City and moving things forward so -- Chair Sarnoff Commissioner. Mr. Range: -- thank you. Commissioner Suarez: Chairman, thank you. I think my question was -- andl think you kind of answered it, but my question is, it seems to me that the reason why they have rollover funds available is because they've been good stewards of the money that was given to them in the past. I mean, I haven't been here -- I've only been here three weeks, but it appears to me -- andl think that's a very good indication. Is that a correct statement? Mr. Boudreaux: Kind of sort of Commissioner. Commissioner Suarez: Okay. Mr. Boudreaux: When you give an appropriations to any department, you would expect that they would fully utilize that appropriations because they asked for it. You asked for it, you will expect to use it in a time frame for which you've requested it. City of Miami Page 72 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: Okay. Mr. Boudreaux: Should some circumstances come along that you cannot use it, then it tends to turn into fund balance and then it can be used for the subsequent year. But for the most part, you know, the City does budget -- or provides a structurally balanced budget to meet the 100 percent needs of every department and agency. So in a sense, you would expect that whatever you give them, they will utilize it fully. Commissioner Suarez: But we don't get upset when someone uses less money than what they requested. Mr. Boudreaux: These days, Commissioners, no. Commissioner Suarez: Okay. I would think. I think the other issue here, it touches upon two things that Commissioner Carollo and Chairman Sarnoff have expressed here. One is not wanting to defer items -- you know, continually defer items. But the second thing is not bringing items at the last minute. Andl understand that, you know, things are happening very fast, we're at the end of the year, we've missed some meetings. But if there's an item where changes are going to be made at the last minute, I think the most prudent step so that we're not deferring things is that they not be put on the agenda so that we can consider them and then vote on them intelligently. And so I think, you know -- Mr. Boudreaux: And Commissioner -- Commissioner Suarez: -- we're seeing this happen a lot. Mr. Boudreaux: -- just as a side note, because a budget is an ever -living document, it always changes. Because they are utilizing unaudited information, should -- when a audit is complete, of course, any changes that that audit has done, of course they will have to come back and change their budget based on that information, so please keep that in mind. Vice Chair Carollo: Mr. Chairman, I have a question. Chair Sarnoff Go ahead, sir. Vice Chair Carollo: Right now you're operating on a zero budget, correct? Mr. Range: That's correct. Mr. Forchion: Correct. Vice Chair Carollo: And two and a half months have passed. Have you been using carryover funds or how --? You have been? Mr. Range: With authorization of the Manager. Vice Chair Carollo: With authorization of the Manager. So let me ask you -- and I know, in all fairness, that we don't want to defer everything, but at the same time, if you're already using carryover funds, what's the rush to pass this right now? Could we have -- could we defer this to let's say -- or continue it to the next meeting, or defer it to the January, I think, 28 meeting so we could take a look at your financial statements and see, you know, these 200,000 additional funds and so forth and maybe get a good feeling of your financial state and so forth? I mean, is this in dire need that we need to pass this right now? They're already operating with their carryover funds. City of Miami Page 73 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Tinney: Yeah. We're operating with carryover funds, as you heard, with the Manager's authorization. But the advantage of getting this passed is that then this number can be loaded into the budget so that we can, in other words, be in the system. Now, I guess, since we're discussing all aspects of this, let me just give you the other side of the rationale and why -- Mr. Forchion: I do need to speak to that issue there. We also have a comprehensive capital budget that when this budget is loaded for operations, we will be able to move forward with a number of capital projects that were forced to stop, one, when, I believe, either in July or early August, all POs (Purchase Orders) had to be ended as we came into the end of the year. And when we did not have our budget loaded October 1, those capital projects, again, and those capital dollars are sitting on hold. Many of those grants are time limited and many of those contractors were caught midstream in doing work. We'd like to finish those projects. Chair Sarnoff Who's employed there now? In other words, who goes to work there now and gets paid? Mr. Tinney: Right now we have our events coordinator, who -- and we decided that we would keep her as a regular staff position because those are revenue -generating possibilities. Chair Sarnoff And what does she -- what is her total compensation? Mr. Forchion: Forty five thousand. Mr. Tinney: Forty-five. Chair Sarnoff Forty-five thousand -- Mr. Tinney: Okay. Chair Sarnoff -- okay. Mr. Tinney: And then we have, on a consulting basis, our account -- bookkeeper, keeping records. And Mr. Forchion is working as a -- in a consulting basis as interim executive director and -- as we make the transition. So right now, we're really at barebones. Chair Sarnoff So you have one full-time employee and two consultants? Mr. Forchion: Part-time. I am three days a week. Our bookkeeper is one day a week. Chair Sarnoff Okay. So one full-time person and two consultants part-time. The consultants' total compensation is how much? Mr. Forchion: My three days is 1,200 a week and 250 for the weekly appearance of the bookkeeper. Mr. Spring: Mr. Chair. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff All right, go ahead. Larry. Mr. Spring: I guess through deference to the Commission and the surprise, I wanted to put on the record and probably recommend something that may help the situation. Before the -- I guess the original submission, it was four hundred and something thousand, was verified by the Budget City of Miami Page 74 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 - - the City's Budget Department, and probably recommend that you go ahead and appropriate that amount. The concern that I've had is that know we've continued to defer this item and our - - you know, our Code and our Charter require that the City Commission appropriate budgets for all of our agencies to continue operating legally, and we need to take those actions. And then after we close the financials, we get the audited financial statements done, we come back with the additional 200,000 and appropriate that, at least to get past -- beyond today so that they continue to operate legally, like we're supposed to. Chair Sarnoff All right. Mr. Spring: And that would be my recommendation to the Commission. Chair Sarnoff Is there a motion? Commissioner Suarez: I'll make the motion. And -- yeah, I'll make the motion. Priscilla A. Thompson (City Clerk): I'm sorry. You're making a motion -- Commissioner Suarez: I'm making a motion to pass the resolution as is. Is that correct? Mr. Spring: Yes. Commissioner Suarez: That's what you're asking? Right. Mr. Spring: That would be my recommendation -- Commissioner Suarez: We can always come back later -- Mr. Spring: -- to the Commission. Commissioner Suarez: -- once the financials have been audited and closed out -- Mr. Spring: That we come back for the additional amount. Commissioner Suarez: -- and give them, if the Commission wants to, any additional funds. Ms. Thompson: And Chair, the only reason I asked that question is you do have a motion and a second on the floor. Chair Sarnoff Oh, I'm sorry. Ms. Thompson: Right. Chair Sarnoff Does the first maker of the motion wish to withdraw his first motion? It's really the same motion. Vice Chair Carollo: Same motion. Commissioner Suarez: It's the same motion. Chair Sarnoff Okay. Vice Chair Carollo: Just withdraw your -- Chair Sarnoff So I don't need the second motion. All right. City of Miami Page 75 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: I'll withdraw the second motion, I guess. Chair Sarnoff So we have a motion and a second. All in favor, please -- Vice Chair Carollo: I -- Commissioner Suarez: Aye. Chair Sarnoff You want further discussion? Vice Chair Carollo: Yeah. I just -- Chair Sarnoff I saw it in his eyes. Vice Chair Carollo: Yeah. Just -- again, I didn't review the financial statements, andl would think (UNINTELLIGIBLE) previous years, so realistically, the 2009 financial statement are unaudited. I don't know what was given to me or so forth, so I don't know ifI was given -- ifI was actually -- ifI actually received the 2008 audited or the 2009 unaudited. I really don't know what I received. I just -- Mr. Spring: Okay. Vice Chair Carollo: -- received some financial statements. With that said, 109 projected revenue, I'm going to seek, you know, your advice. You've seen their books more than I have and so forth. Is this -- Mr. Spring: In the past -- Vice Chair Carollo: -- reasonable? Because, once again, should we approve this and, you know, realistically, if they overspend -- and you know, I'm sure we could revisit it once we have audited the financial statements -- Mr. Spring: Right. Vice Chair Carollo: -- then we could revisit the whole amount. Mr. Spring: Right. Well -- and I'll put this on the record, Commissioner. Typically, when we deal with all of our special revenues and our agencies, we do -- when we appropriate the next fiscal year, we do allow for some of the pre -closed anticipated fund balance to be rolled over. We typically do a 50/50 hold back just in case, during the audit process, you find something. So it's not uncommon for us to appropriate a budget that would have some level of fund balance in it. Vice Chair Carollo: Got you. Mr. Spring: And based on that, that's why I'm making that recommendation to you. The other thing, I guess Mike can put this on the record, we will work with them, monitor the budget very closely on a month -to -month until we get the audited financial statements and come back to the Commission with a finalized number. Andl appreciate the concern, obviously. Mr. Tinney: And so do we. And just for the record, we had really -- we've been going through what you've been going through. We've had changing numbers. We've hadl don't know how many called meetings trying to adjust as we went forward so we could bring you the most up-to-date information to make the most informed decision. I believe Friday I actually -- we had City of Miami Page 76 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 met with Commissioner Sarnoffs staff and hand -delivered a letter to your offices hoping that we might be able to meet with you before now. Some of us, myself, had just other obligations that didn't make that possible. So, as chair, I have to apologize for any part that the Trust had in this getting to you much later than it should have. But essentially, we are comfortable with the new motion. Andl think, before you act on it, that we look forward to meeting with you, really fully acquainting you with what we're doing, and fully ascertaining, you know, your insights, your concern. Vice Chair Carollo: Excellent. Chair Sarnoff Before we move forward -- andl was going to let this go, but can't. You mentioned that you make $1, 200 a week, three days a week. That's $400 a day. What exactly do you do? Mr. Forchion: I'm pretty much functioning now as an interim executive director and as the operations director, which was my former position. That salary is taken from the 85,000 that is currently in this budget and split out -- appropriated out for three days. Mr. Tinney: That's three days on paper. I can tell you he is on call a lot more than three days a week, and as with -- well, you're familiar with our history. A lot of folks do a lot of extra mile stuff, and that's the real side of it. Chair Sarnoff All right. So, we have the motion. We have the second. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Range: Thank you very much, Commissioners. And we look forward to meeting with you and, you know, following up on these concerns. Thank you very much. Mr. Tinney: Thank you. RE.7 09-01409 RESOLUTION City Manager's A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Office ATTACHMENT(S), URGING GOVERNOR CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE ISSUES AS STATED HEREIN, DURING THE 2010 LEGISLATIVE SESSION; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 09-01409 Legislation.pdf 09-01409 Exhibit SUB.pdf 09-01409 Exhibit 2.pdf 09-01409 Exhibit 3.pdf 09-01409 Summary Form.pdf 09-01409 Memo.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-09-0584 Chair Sarnoff All right, RE.7. City of Miami Page 77 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Pedro G. Hernandez (City Manager): Commissioners, RE.7 is the legislative package for state and federal levels. I submitted that to you about two to three weeks ago to be able to get some comments. I know that Kirk Menendez have [sic] been going to your offices to receive comments. What we want to have here is a starting base in order to guide our actions in Tallahassee starting in -- starting now and through January and February in advance of the state session that is coming up in March. Obviously, it's a living document that we can add additional initiatives to at future meetings, but would appreciate your support in at least approving a base that we can work from. Kirk Mendez (Government Relations): Good afternoon -- Chair Sarnoff All right. Mr. Menendez: -- Commissioners, Chairman. As the Manager said, you have before you the 2010 state/federal legislative priorities for the City. It was compiled -- the list was compiled based on input from the various City departments, Manager's office, Mayor's office, and each of your Commission offices. It consists of issues that are some unique to the City; others are issues that we share with other counties and cities, such as red light cameras, cell phone use while driving. Unique to the City is funding for Miami storm water master plan and implementation, funding at the federal level for the mobile crime scene lab for the Miami Police Department. As the Manager stated, it's a living, breathing document so, as we go forward as issues arise, as they have in the past, we'll be able to add them to the list and tackle them at that time. If there are any -- in my meetings with each one ofyour offices, I believe there was input that received that you would like to, I think -- Commissioner Suarez would like to amend the list and add, perhaps, an additional item. Commissioner Suarez: I would. Commissioner Sarnoff, I'd like to be recognized. Chair Sarnoff Absolutely. Commissioner Suarez -- Commissioner Suarez: Chairman Sarnoff. I would. There was an issue that came up during the campaign -- during my campaign that the Mayor, who was my -- was the Commissioner for my district and my Commissioner was very passionate about and agreed with him, and it had to do with assisted living facilities. In our district, if I'm not mistaken, has the highest number of assisted living facilities of any district in the City ofMiami. And the assisted living facilities essentially can be broken down into two different kinds. One that actually simply service the elderly and another kind that gets a higher reimbursement from the state that treat and house mental -- they have a mental health license, and they have a population of mentally disabled residents. And the Commissioner at the time, now Mayor, you know, made a very forceful argument that those kinds ofALFs (Assisted Living Facilities) should have 24-hour security. They should be required to have 24-hour security because, unfortunately, their clients are loitering in the surrounding areas. They -- at a risk -- at a potential risk to themselves and also to the residents of the area. In my walking door-to-door, I encountered several incidents where these clients were in the street and were jaywalking, almost got run over, you know, and sometimes making things more difficult for the peace and enjoyment of the other neighbors. So, my amendment to this legislative priority package would be that the City go to the State Legislature in support of legislation requiring assisted living facilities that hold a mental health license or serve residents with severe mental illness or just mental illness, depending on how the statute reads and to give some flexibility of the Legislature, to provide 24-hour security services to its residents by security personnel licensed by the state of Florida. That's my amendment to that legislative priority. Thank you. Chair Sarnoff Commissioner Carollo. City ofMiami Page 78 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: I want to move with the amendment. Chair Sarnoff All right. I have one thing that has been a pet peeve of mine. And I don't know if this goes in the legislative agenda, but you've known what it's been. And that is that this state allows people who have been out of law school for five years to be judges. And in theory, that means that someone could make a life or death decision who has been out of law school for five years. And l just find that incredulous that this state, I guess it's by Constitution, ifI recall correctly, allows a person who's been out of law school for five years to be a judge. And have - - since I've been on this Commission, as -- I must sound like a broken record to you, Kirk. Still think we need a referendum that goes to the citizens to up the five years to ten years. There is simply no way that any person, I don't care how brilliant, how much common sense, what street sense they have, out of law school for five years should be given the opportunity to make a life or death decision, and that goes to the fact that they will also be making decisions on hundreds of millions of dollars with regard to city, state, and issues that face them in the civil sense. In the criminal sense, they could be equally sentencing people to lifetimes of prison and -- you know, lifetime of prison incarceration. So, I want to make sure that this is amended to at least ask the Legislature to put a referendum before the voters to increase the age -- I'm sorry, the age. -- increase the qualification that a person can then qualf to be a judge to ten years practical experience post law school. All right. Gentlemen, you have any problem with that? Commissioner Suarez: None whatsoever. Chair Sarnoff How many years you've been out? Commissioner Suarez: Almost five. Chair Sarnoff You think you could make a life or death decision? Commissioner Suarez: Couldl live with that decision? I don't plan on running for judge in the next five years, so don't worry about it. Chair Sarnoff All right. So we have what's before us. We need to take an action as a resolution? Mr. Menendez: Yes. Chair Sarnoff All right. We have a -- Do we have a motion, Madam Clerk? Priscilla A. Thompson (City Clerk): It is my understanding that Commissioner Suarez made a motion amending -- to accept the resolution with the amendment that he proffered. It's my understanding that Vice Chair Carollo is seconding the motion with that amendment? Vice Chair Carollo: If not, I'm seconding it -- I'm going to do it now. Second with the amendment. However -- Commissioner Suarez: Do we have to -- do I have to withdraw my motion and remove to incorporate both amendments? Okay. Ms. Thompson: This young man will make -- will ask the maker of the motion -- Chair Sarnoff Will the maker of the motion adopt all amendments as stated before him today? Commissioner Suarez: Yes. Chair Sarnoff Will the seconder accept? City of Miami Page 79 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: Yes. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Mr. Menendez: Thank you. Chair Sarnoff Flagstone, I understand, is -- Oh, did you want to --? Patrick Sessions: Yeah. There's no public hearing on this one? There was on everything else. Chair Sarnoff Do we have a public hearing on legislative issues, Madam Clerk [sic]? Julie O. Bru (City Attorney): You don't have to have a public hearing, but it's in the section of the agenda that does entertain public comments. Chair Sarnoff So come on up. Mr. Sessions: Patrick Sessions. I'm the chairman of the Coconut Grove Village Council, andl live at 1754 South Bayshore Lane. The amendment that was concerned about in the priorities list is Amendment 893-138, which deals with action related to acts of violence, those kinds of things, and it includes assault and battery. The last line of that amendment says this would allow the City to use the Nuisance Abatement Board to close establishments like nightclubs where there have been two or more incidents of violence. So, essentially -- I believe I'm reading that right -- what it says is that -- and it doesn't say what timeframe, andl think that's important. Is it two or more in a year? Is it two or more in a lifetime of the establishment? Is it two a week? What is it? So I think that needs to be clamed. But the overall issue here that I have is that I don't know a lot of nightclubs, and certainly in some of the areas in Miami, that -- when you include assault and battery, you're starting to get into -- I'm fully up for the murder and the rape part, but when you start getting into assault and battery in a bar, and particularly in large nightclubs, I think the police would tell you that it's a rare nightclub that hasn't had two incidents probably - - let's just use a year. And to threaten to put a small or a multimillion dollar business out of business using the Nuisance Abatement Board, which is a politically appointed board by you guys, and to use that to have that power, I think is just a draconian solution to this. We have laws. The police are supposed to enforce them. I believe, and I'm not an expert on this, but there are also, with liquor licenses, comes responsibilities that also relate to these kind of items. And this just seems to me to be, you know, a major overkill and in the wrong area. I mean, if you all wanted to say you could vote on it, that'd be one thing. But to move it down to the level of a Nuisance Abatement Board to pull licenses from multimillion dollar or small businesses, I just think is wrong. And l'd just like you all to reconsider it and see if this is really what you wanted. The intent is good. I think the execution leaves a little to be desired. Thank you very much. Chair Sarnoff The Nuisance Abatement Board, is that a --? I have not heard of them sitting for quite a long time. And is that appealable to the City Commission? Ms. Bru: I don't believe so. It's an administrative board. I haven't heard any activity from the Nuisance Abatement Board in a long time. Chair Sarnoff I haven't heard about them being in existence since I've been here. Ms. Bru: No. City of Miami Page 80 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Isn't that County now? Unidentified Speaker: No. Chair Sarnoff No? Ms. Bru: No. It -- there's an administrative process that's authorized by state law to deal with certain things like one or two more incidents of prostitufion, drug activity, and the intent is to allow the administrative board to close down the premises. So it's an action against the premises that -- where these criminal activities are going on. And I guess -- I didn't work on this amendment. I don't know where this came from, Mr. Manager. I didn't see it, but I guess the intent is to give it more flexibility to deal with assault and battery offenses occurring in nightclubs. Chair Sarnoff Okay. Do any of the Commissioners wish to revisit the legislative agenda? Commissioner Suarez: I'm confused. Does he want us to add that to the legislative agenda? Chair Sarnoff No. It's in the legislative agenda. I think what Mr. Sessions is saying is -- Commissioner Suarez: Remove it from the legislative agenda? Vice Chair Carollo: Mr. Chairman, I mean -- Pedro G. Hernandez (City Manager): I think -- I believe that what he wanted to do was to actually remove the assault and battery portion of it. Ms. Bru: Well, he wants it clarified. He wants to understand what it is. Because in a nightclub, obviously, there's a lot of incidences of assault and battery in nightclubs, so -- and the way the City has used the Nuisance Abatement in the past was to really go after premises that are real, real holes where a lot of criminal activities are going on, you know, drug dealing, prostitution. So assault and battery kind of go along with drinking alcohol and being in a bar, so I guess that's what he's trying to say. Chair Sarnoff Wait a minute. Are you saying -- did you say what I think you just said? Vice Chair Carollo: I don't know ifI agree with that. Mr. Sessions: She goes to the same bar as I do. Chair Sarnoff I want to know what bars and establishments you go to and what time tonight are you going to be there? Mr. Sessions: Yeah, that was part of it, the assault and battery part. I also think that, again, the two issues of having two incidents without a timeframe, I would just -- I don't know whether this has to go out right away or not, but I'd feel fine if you guys -- I'm sorry, Commissioners -- you know, wanted to take another look at this and maybe recast it in a little less draconian manner. Chair Sarnoff Well, the one thing -- Mr. Sessions: Perhaps habitually causing these kind of things or two in some timeframe or something, but this is just -- in five years, you could have two guys have their girlfriends slap them in the face and you're closing down a bar. City of Miami Page 81 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Well, for anyone who thinks that anything that we -- by the way, my recollection of anything that we've ever asked on any of our particular requests, you know how many we've gotten since I've been here? Zero. Mr. Sessions: I was afraid you were going to get lucky this time. Chair Sarnoff No, I don't think so. Vice Chair Carollo: And Mr. Chairman, how much has the City paid lobbyists? Chair Sarnoff Oh, trust me, you're absolutely right. Vice Chair Carollo: Okay, so -- Mr. Hernandez: Mr. Chairman, I think that it would be safe if we go ahead and leave the item as is for now and allow us to work with the Commissioners in fine-tuning it. It's not -- Vice Chair Carollo: We could revisit it. Mr. Hernandez: -- going to -- no one is waiting really to pass this in March. Allow us to pass the item, work with you, and fine-tune it before we even find somebody who's willing to promote it or sponsor it. Chair Sarnoff And I think it's well taken what Pat said, which is that there should be a timeframe in which those type of incidents occur, and maybe more -- Mr. Hernandez: Yes. Chair Sarnoff -- than two. Mr. Hernandez: Yeah. Chair Sarnoff But to worry about this going before the legislative agenda and us getting any one of these -- if we got -- well, since I've been here, we've gotten none. We'd be lucky to get red light camera, and that's probably the one we'll get this year is red light camera only because they're on the verge of doing it. I wouldn't concern myself too much with this. And with the lobbying that Commissioner Carollo's suggesting occurs up in Tallahassee, I wouldn't even worry about it. But you're well stated on the record. Mr. Sessions: Okay. Well, I just wanted to bring up those points. Thank you. RE.8 09-01239 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Improvements AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT Program ("PSA") BETWEEN THE CITY OF MIAMI AND LEO A. DALY COMPANY, IN SUBSTANTIALLY THE FORM ATTACHED AS EXHIBIT "A", TO PROVIDE ADDITIONAL SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, TO INTEGRATE ENERGY EFFICIENT AND ENVIRONMENTALLY PRUDENT DESIGN ELEMENTS TO THE PARKING STRUCTURES TO ASSIST IN ACHIEVING LEED SILVER CERTIFICATION FOR THE STADIUM, INCREASING THE CONTRACT AMOUNT BY $435,000, FROM $4,899,642.60 TO AN AMOUNT NOT TO EXCEED $5,334,642.60; ALLOCATING FUNDS FROM CAPITAL PROJECT NO. B-30648. City of Miami Page 82 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 09-01239 Legislation.pdf 09-01239 Exhibit.pdf 09-01239 Exhibit 2.pdf 09-01239 Summary Form.pdf 09-01239 Exhibit B.pdf 09-01239 Exhibit C.pdf 09-01239 PSA.pdf 09-01239 Corporate Reso.pdf 09-01239 Letter.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-09-0585 Chair Sarnoff RE.8. Ola Aluko (Director, Capitallmprovements): Good afternoon. RE.8 is a resolution authorizing the City Manager to execute amendment number one to the professional services agreement with Leo Daly Company for the additional services for the stadium site parking project, B-30648. Amendment number one increases the agreement in the amount of $435, 000 from $4, 899, 642.60 to the amount not to exceed $5, 334, 642.60 in fulfillment for the 1.75 commitments to the Marlins Stadium development project. The City is required to contribute to the Leadership in Energy and Environmental Design, other known as -- otherwise known as LEED, silver certification for the stadium as detailed in the tri party construction administration agreements between Miami -Dade County, the City, and the Marlins Stadium developer. Funds are to be allocated from the capital project, 30648 as exhibited in Exhibit A, breakdown of additional services. Chair Sarnoff All right. This is a public hearing. Anybody from the public wishing to be heard, please come up and step up to the podium. Mariano Cruz, you're recognized. Mariano Cruz: Anybody is here now. Chair Sarnoff I was recognizing you for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. As a City resident, I'm concerned about, you know -- some months ago, black September, people forgot already the budget problem in the budget (UNINTELLIGIBLE). And we have committed not to repeat. Remember (UNINTELLIGIBLE). If we don't remember history, we're condemned to repeat the mistake of the past. And we're going to repeat the mistake of the past. You know why? Because we're doing the same thing. Now we got already a cost overrun here, 435 whatever, right, okay. (UNINTELLIGIBLE) before all that and then this was not budgeted in September. That amount was not a part of the budget. Chair Sarnoff I think -- I saw the same thing, Mr. Cruz, and the first thing I did -- It's not really a change order as you andl understand a change order. What they're doing, Mr. Cruz, is they're taking money that -- and by the way, let's be clear. I didn't vote for this contract. But, nonetheless, they're taking money that was agreed to by the three Commissioners that sat over here -- Mr. Cruz: Right. Chair Sarnoff -- which means the Commission action took place, and that 1.75 million obligation existed on the left side of the contract. City of Miami Page 83 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Cruz: Right. Chair Sarnoff What they're doing is they're saying, for convenience, we're going to move the $1.7 million obligation to the right side of the contract, provide it to Mr. Leo Daly, and that satisfies our obligation. When I first read it, I had the same reservations you did as well. It's not true a change order. It's a change order to the extent -- Mr. Cruz: A change of position. Chair Sarnoff Exactly. Mr. Cruz: Not only that. Here they say amendment one. That means there is coming amendment two, three, four, five, six later? Because they say amendment one, so that's the first one, okay? And not only that, we see money around here and you remember one thing. The City are not the federal (UNINTELLIGIBLE). We don't have deficit spending. No. The government can have deficit spending. They borrow, they print money, they (UNINTELLIGIBLE). They go to China, whatever, and they produce the money. But we don't have that power to do deficit spending. We have to balance the budget and, you know, I don't know how we're going to do it. And not only looking for new revenues, new funding revenue, a lot of the problem (UNINTELLIGIBLE) caused by mismanagement. I don't call it corruption. I call it mismanagement. People that get paid beaucoup a lot of money to think and they don't think. No. They don't -- I don't know what they do. I don't know really what they do. They don't think. But all these diplomas, and all these Havard School, (UNINTET,T IGIBT,F) School of Buddy -- or Business, all that, what does it mean when they come here and they say look, we have to ask for more money? No. That's not the point. Andl remember the Orange Bowl there. Before that, a lot of money was spent in the refurbishing of the Orange Bowl. We're still paying in that litigation there -- Chair Sarnoff Thank you. Mr. Cruz: -- with the (UNINTELLIGIBLE) Company. Thank you. Chair Sarnoff Thank you for your comments. Mr. Cruz: Yeah. Chair Sarnoff They're always cogent and on the point. Mr. Cruz: Well, I got a good memory. Chair Sarnoff I know. All right. Anybody else in the public wishing to speak on RE.8? Seeing none, hearing none, the public hearing is closed. It comes back to the Commission. Gentlemen, what's your pleasure? Commissioner Suarez: I'll make the motion with discussion. Chair Sarnoff All right. We have Commissioner Suarez on a motion for discussion. Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. Ola, I have a couple of questions. One is my City of Miami Page 84 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 understanding of these funds, that they're being allocated to this company to design a solar paneling for the parking garages that will be used to supplement or to reduce the electricity costs of the stadium itself? Mr. Aluko: That is correct, Commissioner. Commissioner Suarez: And what is the approximate energy savings that can be expected in terms of percentage and in terms of dollars from that design? Mr. Aluko: Very well. I'll bring our designers to respond to that. Abdel Martel: Good evening. Abdel Martel, Leo A. Daly. I think the -- to answer your question, based on the design of the PV (Photovoltaics) panels and the design selection that we're making as a result of the efforts on the LEED portion, we're looking at $660, 000 annually in savings electric -- for electricity and gas, so that's -- Commissioner Suarez: Okay. Mr. Martel: -- 23 percent of the -- in savings. Commissioner Suarez: And what's the implementation cost? I mean, aside from designing it, how much is it going to cost to actually get the panels up and functioning, et cetera? Mr. Martel: Well, the cost of the panels is $10 million. The infrastructure associated with it is around 7 million, so that's hard cost. Commissioner Suarez: And who's going to pay for that? Mr. Martel: That will be paid by the Marlins. Commissioner Suarez: Okay. So in essence, this design will save more money on a yearly basis than what it costs, is what you are trying to tell me? Mr. Martel: Certainly. Commissioner Suarez: Okay. Chair Sarnoff Commissioner Carollo. Vice Chair Carollo: I don't really have any questions. I mean, for the record, we could put that this 435,000 is going to be used from the 1.7 that was approved that needs to go for [FED projects? Mr. Aluko: That is correct, Commissioner. Vice Chair Carollo: So it's an allotment of 1.782 -- I don't have the exact number. Mr. Aluko: One point seven five zero. Vice Chair Carollo: Right. And that's been approved to go for LEED projects, and you're drawing 435 from those funds. Mr. Aluko: That is correct. The $1.75 million was part of a -- an agreement with the tri-party, and we are doing just that, removing 435 to pay for the LEED -- this particular LEED component. City of Miami Page 85 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: In other words, if it doesn't go to this project, it's going to go to another project, but we are committed for that 1.75, correct? Mr. Aluko: That is correct. Vice Chair Carollo: Thank you. That's all have. Chair Sarnoff All right. So we have a motion, and we have a second. Further discussion? Commissioner Suarez: I'll make the motion, yes. I think we -- did -- I'm sorry. Chair Sarnoff I think there was a motion and a second. Commissioner Suarez: I apologize, yes. Chair Sarnoff All right. We have a motion. We have a second. Any further discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Mr. Aluko: Thank you. Chair Sarnoff RE (Resolution) -- unanimous. RE.9 09-00997 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND WESTNET, INC., TO THE REQUIRED MAINTENANCE PLAN AND TOLL -FREE TECHNICAL SUPPORT ("TOTAL SYSTEM SUPPORT), RETROACTIVELY FOR YEARS 2008 THROUGH 2011, AS OUTLINED IN "EXHIBIT A-6" OF THE SERVICES AGREEMENT, ATTACHED AND INCORPORATED, IN AN AMOUNT NOT TO EXCEED $248,905; APPROVING A SEPARATE TOTAL SYSTEM SUPPORT WITH WESTNET, INC., AS OUTLINED IN "EXHIBIT B", ATTACHED AND INCORPORATED, FOR AN ADDITIONAL FIVE (5) YEARS, IN THE TOTAL AMOUNT NOT TO EXCEED $416,229.23; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE DEPARTMENT OF FIRE -RESCUE, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 86 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 09-00997 Legislation.pdf 09-00997 Exhibit.pdf 09-00997 Exhibit 2.pdf 09-00997 Exhibit 3.pdf 09-00997 Exhibit 4.pdf 09-00997 Exhibit 5.pdf 09-00997 Exhibit 6.pdf 09-00997 Exhibit 7.pdf 09-00997 Exhibit 8.pdf 09-00997 Exhibit 9.pdf 09-00997 Exhibit 10.pdf 09-00997 Exhibit 11.pdf 09-00997 Summary Form.pdf 09-00997 Pre Legislation.pdf 09-00997 Pre Legislation 2.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-09-0586 Chair Sarnoff RE.9. Priscilla A. Thompson (City Clerk): That one was continued to 1-- Chair Sarnoff I'm sorry. Was that? Ms. Thompson: That's what I have in my notes. Pedro G. Hernandez (City Manager): No. The -- Chair Sarnoff RE9, I think is -- Mr. Hernandez: -- item is on, RE9. Chair Sarnoff -- in play. Ms. Thompson: Okay. Glenn Marcos: Commissioner, Glenn Marcos, Purchasing director. RE.9 is an item before you seeking City Commission approval to amend an agreement with Westnet to retroactively include the four years of a maintenance plan and toll free technical support. It also includes to allow for a separate agreement to be executed for four -- for five additional years to do the same, to include the maintenance plan and toll free technical support. To give you a little bit of a background, this particular item was presented back to the City Commission on July 20, 2000 as a sole source for one fire -rescue station. It was a beta test to see whether or not the first alert response system would work. It performed quite nicely, and so on September 23, 2004, we came back to the City Commission for an additional sole source to expand that first alert response system to the remaining fire stations. At that particular point in time, the Fire -Rescue Department decided not to exercise the option for the maintenance plan, and so therefore, they're seeking City Commission approval to do that retroactively and then prepare to allow for the maintenance plan to be included for an additional five years that would take this maintenance to year 2016. City of Miami Page 87 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Thank you. So we have a -- I'm going to open up a public hearing on RE.9. Anyone from the public wishing to address RE.9? Hearing none, seeing none, it comes back to the Commission. Gentlemen, what's your pleasure? Vice Chair Carollo: I'd like to discuss the item before we make a motion. Chair Sarnoff Go ahead, Commissioner Carollo. You're recognized for discussion. Vice Chair Carollo: I have two questions. First, why retroactively to 2008? Why is it now -- we're in 2009 and retroactively to 2008? Mr. Marcos: The actual maintenance plan that was included, it wasn't originally included in the agreement. It was not exercised. At that particular point in time, I believe that Fire -Rescue worked with Westnet to determine on whether or not they can expand this to their remaining fire stations, and they concentrated on the efforts of the system first working primarily. It's my understanding that since the system did work, that Westnet then started providing maintenance to the Fire -Rescue Department in anticipation that this would be taken back to City Commission and that the maintenance plan would be approved. And that -- if you go back to the original agenda item that was presented to the City Commission back in 2004, which by the way, Commissioner, it is part of your backup documentation, you would see that that was included there. Vice Chair Carollo: Second question. From -- retroactively to -- from 2008 through 2011. Mr. Marcos: That's correct. Vice Chair Carollo: It's a cost not to exceed 248, 000. That's correct? Mr. Marcos: That is correct. That was part of the original agreement that they never exercised the option on. Vice Chair Carollo: Gotcha. But for an additional five years, it's 416,000? Mr. Marcos: That is correct. Vice Chair Carollo: Why for four years it's 248, 000, and for five years it's 416,000? Mr. Marcos: As far as -- there are some incremental increases in the maintenance agreement. If you look into the backup documentation, the actual increments and increases on a yearly basis, it's pretty much consistent, Commissioner. The only slight increase that's somewhat beyond the average would be that between the first maintenance agreement and the second maintenance agreement that we're electing to go with, that they ended up increasing that agreement slightly higher. Vice Chair Carollo: Slightly higher? That's approximately 21,000 a year increase. Mr. Marcos: It's -- Vice Chair Carollo: Per year, times five. That's significant monies. Mr. Marcos: If you look into the maintenance along with the toll free technical support, they're actually providing two types of services, and they did increase -- you're absolutely right. It did increase both sides of the maintenance agreement. Vice Chair Carollo: So we, retroactively, give them a four-year contract retroactively for 248, City of Miami Page 88 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 and then, you know, as -- what would be the word? -- a reward or gesture, for an additional five years, then, you know, it goes up 20-some thousand, 21,000 a year -- Mr. Marcos: There's -- Vice Chair Carollo: -- for five years? I mean -- Mr. Marcos: -- two things. Obviously, we're trying to buy insurance up to 2016, Commissioner. And I'm being advised by the chief of Fire -Rescue that along with those increases, it will include additional fire stations under that maintenance agreement that was not included under the original one. Vice Chair Carollo: How many fire stations are going to be included? Deputy Chief Reginald Duren (Fire -Rescue): Deputy Chief Reggie Duren. Mr. Commissioner, we'll be adding on a more robust station 11. When it goes online, it's a significantly larger station; also, be adding on new station 13, which will be a larger station rather than a trailer, as well as 15 we anticipate coming online as well. Vice Chair Carollo: And when will be -- when will we be adding those stations? Deputy Chief Duren: You'll be adding station 11 some time during 2010. Hopefully, station 13 will occur late in 2011 and probably around the same timeframe also, we hope to add station 15 as well. Additionally, you're looking at maintenance that will be secured for facilities that will have already had the product in them four, five or six years, so also with the new agreement should come an increase incrementally in the price as well. Vice Chair Carollo: I mean, I don't know what my colleagues believe. I just -- I mean, I just see a big increase every year and -- I mean, we're talking, more or less, a contract of about nine years, and it seems like every year, you know, it's a large increase. I don't know what my colleagues believe, but I just wanted to point that out. Chair Sarnoff You want to investigate this further or look into it further? Vice Chair Carollo: I don't know what the will of this Commission is, but you know, I thought that I at least point this out 'cause, I mean, when I first saw this, I said four years, 248, 000; for five years, 416,000? And this -- an additional five years, I don't know ifI -- you know, if I'm comfortable with that. Mr. Marcos: Commissioner, I shared the same concerns with the Fire -Rescue Department, and - Vice Chair Carollo: Now, the only reason why I mentioned this 21,000 -- well, it's not the only reason, but I remember my very first meeting when I sat here, my colleague to my left mentioned that every $50, 000, $40, 000 was going to mean something. Chair Sarnoff He's right. Vice Chair Carollo: So I mean, in all fairness, 21,000 a year, hey, could be peanuts for some people, but I'm just going by what, you know -- Mr. Chairman, ifI remember correctly, you mentioned people -- I'm going to say it many times -- every $40, 000, every $50, 000 is going to count, so I'm counting. I mean, you know, I'm starting to figure it out and I'm wondering, gee, you know, four years, 248, five years, 416, starts adding up. Mr. Marcos: I went ahead and shared the same concern with the Fire -Rescue Department. We City of Miami Page 89 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 did sit down and we evaluated the actual numbers. Do note that the second maintenance plan is for years 2012 and -- between 2012 and 2016. Obviously, you do somewhat take a risk. Right now we're trying to secure and lock those prices now. As you well know, timing is on our side right now. We have all the leverage in the world to deal with this right now, so obviously, we did entertain that. It was a concern. So we're trying to lock up those prices now. Obviously, when we end up somewhat vacating the first maintenance plan and we transition off to the second maintenance plan, if we don't end up locking those prices, as a negotiator who does this for a living, I will not be surprised if we will be coming back because they will have leverage that they might try to increase those prices even higher. Vice Chair Carollo: That's at the end of the four-year. Mr. Marcos: That is -- Vice Chair Carollo: But now is it possible to renegotiate with them? Mr. Marcos: It's my understanding that we have renegotiated those prices, and if you would want to, I can proffer something to the City Commission. I can proffer that you can retroactively approve the first maintenance plan, and if you would like for the Administration to go back and further tighten up the screws to see if they can further negotiate these prices down for the second maintenance plan, between 2012 and 2016, we can do that, and have no problem with that. Vice Chair Carollo: If we did that, wouldn't we lose a little leverage? Mr. Marcos: No, because we're still under the first maintenance plan. That doesn't expire until 2011. Vice Chair Carollo: Right, but we're in 2009 and you want to go back now retroactively. Mr. Marcos: Retroactively, we can't do much with the first -- Vice Chair Carollo: Right, but -- Mr. Marcos: -- maintenance plan. It's the second maintenance plan that I'm hearing that you would like for us to further investigate. Vice Chair Carollo: I understand that, but have they provided service for all of 2008 and most of 2009? Mr. Marcos: That is my understanding. Yes, sir. Vice Chair Carollo: I mean, it's just that it should be -- get paid, right? Mr. Marcos: Yes. Vice Chair Carollo: And I'm sure they want to get paid You know, I think we should negotiate it and, you know, if we -- if the City's position is to seek extension to the 16th, maybe we can negotiate it all in one, you know, still have the four-year and five years, but instead of just, you know, paying the money now, why don't we just go back and negotiate everything? Mr. Marcos: Instead of bifurcating it? If that's the will of the Commission. Vice Chair Carollo: I mean, once again, I'm just throwing it out there. I'm not saying that's what we should do or I'm, you know, directing that that's what I want to see done. I'm just throwing it out there and seeing what my colleagues say. I mean, this is a team up here. City of Miami Page 90 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Marcos: I would be remiss in not stating, Commissioner, that please be reminded that they did provide the services -- Vice Chair Carollo: I understand. Mr. Marcos: -- in good faith and that those prices were prices that were originally part of the actual contract. Vice Chair Carollo: I understand. Mr. Marcos: What would rather do, as a negotiator, is to show the good faith of moving along with the first maintenance plan and then go back to the second maintenance plan of five years and then negotiate that closer to the pricing of the first maintenance plan. I think it's a good benchmark 'cause then what you're looking at is prices that dates back to 2008 to 2011, and if you move those numbers closer to that, then I think that's what you're trying to achieve, andl would be glad to assist the Fire -Rescue Department in doing that. Chair Sarnoff I think that's a good idea, actually. So you want -- Is there a motion, as amended, as stated by Mr. Marcos? Vice Chair Carollo: So move. Chair Sarnoff Is there a --? Commissioner Suarez: Second. Chair Sarnoff Second. All right. All right, we have a motion and a second. Any further discussion, gentlemen? Hearing none, all in favor on RE.9, please say "yes." Commissioner Suarez: As amended, yes. Chair Sarnoff As amended. Vice Chair Carollo: Aye. Well, yeah, aye. Chair Sarnoff Aye. You're right. Please say "aye." Commissioner Suarez: Aye. Chair Sarnoff I got lost. Commissioner Suarez: As amended -- Chair Sarnoff I'm sorry. Commissioner Suarez: -- aye. Vice Chair Carollo: Aye. Chair Sarnoff As amended. All right, unanimously passed. END OF RESOLUTIONS City of Miami Page 91 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 BOARDS AND COMMITTEES BC.1 09-01402 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marjorie J. Weber (unexpired term of Mary Coombs ending 10/10/2010) 09-01402 CRB Memo.pdf 09-01402 CRB Current_Members.pdf 09-01402 CRB Resumes.pdf Chairman Marc David Sarnoff 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-09-0590 Chair Sarnoff All right, BC.1. Priscilla A. Thompson (City Clerk): BC.1, we have a number of appointments, Chair, so if you can just work with me on this. BC.1, we have appointments to be made by Chair Marc David Sarnoff, and his appointment would be made to finish out the unexpired term ofMs. Mary Coombs. Then we also have two appointments by Vice Chair Carollo. Chair Sarnoff I would appoint Marjorie Weber. Ms. Thompson: Marjorie Weber, okay. Commissioner Suarez: I make the motion. Ms. Thompson: Well, if you would like, we can entertain all of the names and then make one motion, one vote. Thank you. Vice Chair Carollo: Madam City Clerk, I'm going to continue my appointments. Ms. Thompson: Okay. Would you like them on January 14? Vice Chair Carollo: IfI continue, it will be to January 14, right? Ms. Thompson: Yes. Vice Chair Carollo: Yes. Ms. Thompson: Okay. Then we do need then your motion and seconder in the vote for Ms. Marjorie Weber. City of Miami Page 92 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: I'll make that motion for your appointment, Chairman. Vice Chair Carollo: I will second. Chair Sarnoff Thank you. All in favor, please say "aye." The Commission (Collectively): Aye. BC.2 09-01401 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 09-01401 CTAB Memo.pdf 09-01401 CTAB Current_Members.pdf DEFERRED NOMINATED BY: Chairman Marc David Sarnoff Commissioner Frank Carollo This item was deferred to the City Commission meeting currently scheduled for February 11, 2010. Chair Sarnoff Okay, BC. 2. Priscilla A. Thompson (City Clerk): BC.2, this is for your Community Technology Advisory Board. Chair Sarnoff has an appointment for Jacqueline Zelman. Her term expires March 11, 2010. If he should want to reappoint her, then he would have to have a four fifth waivers [sic] for her absences. Chair Sarnoff And three of a kind doesn't beat four of a kind, so I -- there's nothing I can do. Vice Chair Carollo: No. Right. Ms. Thompson: I'm sorry? Chair Sarnoff Ms. Eisenberg, I'm sorry, nothing. Ms. Thompson: Okay. So you're meaning that you're not going to appoint her or you're going to continue this one until the 14th? Chair Sarnoff I don't have the votes necessary, if what you're telling me is correct. Ms. Thompson: So you'll continue this to 1/14? Vice Chair Carollo: No. Chair Sarnoff Why don't we do it to -- Vice Chair Carollo: Defer. City of Miami Page 93 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff-- 1/28? Ms. Thompson: One -- okay. Chair Sarnoff Matter of fact, 1/28's going to be a big agenda. I'd like it -- do to the February -- Ms. Thompson: February. Chair Sarnoff -- agenda. Ms. Thompson: Okay. Thank you. That would be our agenda of February 11. Then Vice Chair Carollo? Vice Chair Carollo: I'm going to continue also. Ms. Thompson: Thank you. BC.3 09-01403 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-01403 Memo EO.pdf 09-01403 EO Current_Members.pdf DEFERRED NOMINATED BY: Chairman Marc David Sarnoff Commissioner Frank Carollo Commissioner Frank Carollo This item was deferred to the City Commission meeting currently scheduled for February 11, 2010. Priscilla A. Thompson (City Clerk): We move on to BC.3. BC.3, your Equal Opportunity Advisory Board. Again, Chair Sarnoff, your appointment, the term will expire on 4/1/10, but the person has had absences, and then that would be -- if you wanted to reappoint him, a four fifth waiver. Chair Sarnoff So, in that case, I would go to the February agenda. Ms. Thompson: Okay. Thank you. Commissioner Carollo? Vice Chair Carollo: Will continue also. Ms. Thompson: Thank you. BC.4 09-01395 RESOLUTION City of Miami Page 94 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-01395 Waterfront Memo.pdf 09-01395 WAB Current_Members.pdf DEFERRED NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo This item was deferred to the City Commission meeting currently scheduled for February 11, 2010. Priscilla A. Thompson (City Clerk): We're moving on to BC.4. On BC.4, Vice Chair Carollo, you have appointments. One seat is vacant, the other one, the individual who's currently in that seat, the term expired on September 9, but if you want to reappoint that individual, because of the term limit waiver, you would actually have to have a unanimous 5-5 vote if you wanted to reappoint that individual. Vice Chair Carollo: I actually want to continue -- as we spoke before, I would like to speak to some of these people personally beforehand -- Ms. Thompson: Okay. Vice Chair Carollo: -- so I will continue. Ms. Thompson: All right, so that'll be in February. BC.5 09-01396 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Gene Meehan 09-01396 MSEA Memo.pdf 09-01396 MSEA Current_Members.pdf NOMINATED BY: Vice Chairman Frank Carollo 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-09-0592 Priscilla A. Thompson (City Clerk): Moving on to BC.5. This is your Miami Sports and City of Miami Page 95 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Exhibition Authority. We have two appointments for Chair -- Vice Chair Carollo. Vice Chair Carollo: I would like to ask Chairman Sarnoff -- I haven't forgotten. Chair Sarnoff Okay. Vice Chair Carollo: I haven't forgotten. Chair Sarnoff I thought that was the one. We were just checking. Vice Chair Carollo: Come on. Chair Sarnoff You got my back. Thank you. Vice Chair Carollo: I'm a straight shooter. Is there anyone that --? Chair Sarnoff Gene Meehan. Vice Chair Carollo: I'm sorry? Chair Sarnoff Gene Meehan. Vice Chair Carollo: I'd like to nominate Gene Meehan. Ms. Thompson: Is that G-E-N-E M-E-H A-N? Chair Sarnoff And the best part is he's already on the board, so you can check. Ms. Thompson: Okay. And then, Vice Chair, would you have a second one? Commissioner Suarez: I second. Ms. Thompson: No, no. Commissioner Suarez: Oh. Ms. Thompson: Does he have --? He has a second appointment. I'm sorry. Chair Sarnoff He only shows one on -- Ms. Thompson: No. And that was a misprint. He should've had -- Chair Sarnoff Okay. Ms. Thompson: -- two. Vice Chair Carollo: Not at this time. I'd like to continue my second. Ms. Thompson: Okay. Will we continue that to January or Feb --? Vice Chair Carollo: Let's continue to January, January 14. Ms. Thompson: Thank you. Now, sir, thank you very much, Commissioner. If you would like to make the motion. City of Miami Page 96 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Commissioner Suarez: Yes, I make the motion. Vice Chair Carollo: Second. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. BC.6 09-01397 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) 09-01397 PAB Memo.pdf 09-01397 PAB Current_Members.pdf 09-01397 PAB Applications.pdf DEFERRED NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo This item was deferred to the City Commission meeting currently scheduled for February 11, 2010. Chair Sarnoff Okay, BC.6. Priscilla A. Thompson (City Clerk): On BC.6, we have two appointments for the Planning Advisory Board. We have applications on file from our last advertisement. There are two appointments that can be made by the Vice Chair. Currently, the District 3 appointments that are serving, one of them, Ricardo J. Fernandez, his term expires on May 13, 2010. And then Donna Milo, her term expires on March 11, 2010. Vice Chair Carollo: This was one of those boards that require advertisement. I think we spoke about it in the last Commission meeting. Andl actually had a -- I wouldn't say a tough decision, but at the same time, in tune with my fiscal responsibility, a question, you know, arises. You know, I did the calculation with Madam City Clerk, andl -- in essence, ifI wait for the other two Commissioners, I will not be able to appoint, I think it was, 'til February meeting. Ms. Thompson: That's -- Vice Chair Carollo: Is that correct? Ms. Thompson: -- correct. Vice Chair Carollo: So it becomes an issue of -- and by the way, it's not 2,000 something, it's 3,000 something -- whether we spend 3,000 and then an additional 3,000, or I keep the representatives that are there, which I really don't know, you know -- well, actually, Donna Milo, I was going to reappoint her anyways, but I won't do that at this time because -- I will not do that City of Miami Page 97 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 at this time, and you know the significance behind that. 'Cause ifI don't appoint, she maintains there and -- we understand each other. The bottom line is, I am going to defer and wait for my fellow Commissioners so they could have some time and we could advertise at the same time and, you know, save the City, you know, $3, 000, three plus thousand dollars. Chair Sarnoff Can I make a recommendation to both of you? 'Cause I know this may seem very small and petty. Remember all this money you're saving, every time you do this. I know you're thinking this is crazy. This Commission never did this, and we started doing it after our second year. You guys are coming in at a very new time. Even if you just go to your chief of staff or whoever it is you want, just jot down all the times you decided to save money and how you did it and when you did it, andl bet you'll find at the end of the year, you saved four or five employees of the City of Miami. Vice Chair Carollo: I understand what you're saying andl hear what you're saying. But at the same time, I don't know about you, Chairman Sarnoff, I don't know about you, Commissioner Suarez, but when I look at these resolutions, these ordinance and so forth, I pay attention to what the boards approve, didn't approve, and so forth. I notice when it was unanimously approved, when it wasn't. Because in all fairness, that's what the boards are for, you know, to give advice and give their recommendations. So I understand I'm saving three plus thousand dollars, and again, I am fiscally conservative, but at the same time, I'm not oblivious to also knowing that there may be some very important issues coming before them and they may be voting on those issues and realistically, they're not people that necessarily appointed and know their views or so forth. So, I mean, it's a balancing act. Don't get me wrong. It is a balancing act. So I'm not oblivious to, you know, the issues and the issue in [sic] hand. With that said, I made the determination of just deferring. Ms. Thompson: Thank you. BC.7 09-01398 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Citizen) (Architectural Historian) 09-01398 HEP Memo.pdf 09-01398 HEP Current_Members.pdf 09-01398 HEP Applications.pdf DEFERRED NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo This item was deferred to the City Commission meeting currently scheduled for February 11, 2010. Priscilla A. Thompson (City Clerk): Moving on to BC.7. BC.7 is your Historic and Environmental Preservation Board. With BC.7, Vice Chair Carollo, you have two appointments. Your citizen who's currently serving is Mr. James Broton. His term will expire on March 11, City of Miami Page 98 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 2010. And then Mr. Jorge Zamanillo, who's an architectural historian, his term will also expire on March 11, 2010. Vice Chair Carollo: And again, this HEP (Historic and Environmental Preservation) Board, we have to also advertise. Ms. Thompson: Yes. We have that -- we have applications on file from the last time we advertised. Vice Chair Carollo: I am going to continue at this time. Ms. Thompson: Okay. And that will be your February 11 meeting? Vice Chair Carollo: If -- I will have to defer for February 11, correct? Ms. Thompson: No. The -- if we -- everyone would be in place by then and we can advertise, and this is one of the ones we'll advertise. Vice Chair Carollo: Right, but I'm just saying as far as continuance or deferral. It would be a deferral, not a continuance. Ms. Thompson: Correct. We'll -- okay. Vice Chair Carollo: We'll get it straight. Ms. Thompson: Thank you. BC.8 09-00869 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Christian Marciatti Commission -at -Large (Alternate -at -Large) (for an unexpired term ending 9/10/11) 09-00869 Code Memo 12-17-09.pdf 09-00869 Code Current_Members 12-07-09.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-09-0594 Ms. Thompson: Moving on to BC.8. We have a Commissioner at -large appointment for an alternate member. The seat is vacant, and if you make an appointment, it would be for the unexpired term ending September 10, 2011, and this is the for the Code Enforcement Board. City of Miami Page 99 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff I'd like to tender a name to this Commission of John Marciadi. Ms. Thompson: Okay. And then Vice Chair Carollo, your current appointment for District 3, that term expires on March 7, 2010. Vice Chair Carollo: Again, it's Code Enforcement where it's -- you know, it needs advertisement. Ms. Thompson: No. This one does not. Vice Chair Carollo: This one does not? Ms. Thompson: No. Vice Chair Carollo: I want to continue also, though. Ms. Thompson: Okay. Would that be January? Vice Chair Carollo: Yes. Yes, ma'am. Ms. Thompson: Thank you. Then I would need a motion, a second, and a vote on the name proffered for your alternate. Commissioner Suarez: I'll make the motion. Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Ms. Thompson: Thank you. BC.9 09-00870 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc David Sarnoff Chairman Marc David Sarnoff Vice -Chairman Frank Carollo Vice -Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez City ofMiami Page 100 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 09-00870 UDRB Memo 0114.pdf 09-00870 UDRB Current_Members 0114.pdf CONTINUED Chair Sarnoff BC.9, I'm going to defer my appointments. Priscilla A. Thompson (City Clerk): All right. On PZ.9 [sic], then Chair Sarnoff will defer his first two, his two appointments. Then Vice Chair, you have two appointments, and there's a typo. There should not be anything listed for Commissioner Suarez, but he -- 'cause he was not prepared. Vice Chair Carollo: I defer. Ms. Thompson: Okay. So we'll be deferring those until -- I'm sorry, continuing 'til January 14? Vice Chair Carollo: Yes, ma'am. Ms. Thompson: Is that right, Chair? Yours will be the --? Chair Sarnoff Yes. That's correct, ma'am. Ms. Thompson: Thank you. BC.10 09-01293 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01293 Arts Memo 0114.pdf 09-01293 Arts Current_Members.pdf CONTINUED Priscilla A. Thompson (City Clerk): Then we move on to BC.10, your Arts and Entertainment Council. On the Arts and Entertainment Council, Vice Chair, you have one appointment there. Vice Chair Carollo: Also defer. Ms. Thompson: Okay. Would you like that to January? Vice Chair Carollo: Yes, ma'am. BC.11 09-01301 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 101 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01301 Bayfront Memo 0114.pdf 09-01301 Bayfront Current_Members.pdf CONTINUED Priscilla A. Thompson (City Clerk): We're moving on to BC.11. BC.11, your Bayfront Park and Management Trust. Vice Chair, you have an appointment there. Your current -- I'm sorry, the individual who currently is serving, his term expired on October 15, but of course, he continues to serve until. Vice Chair Carollo: Right. I'm deferring also. Ms. Thompson: Okay. So I'll schedule that for January 14. Vice Chair Carollo: Thank you, ma'am. BC.12 09-01400 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-01400 CSW Memo.pdf 09-01400 CSW Current_Members.pdf CONTINUED NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Priscilla A. Thompson (City Clerk): Then we have, on BC.12, that is your -- I'm sorry -- yes, BC.12, Commission on the Status of Women. The Vice Chair has two appointments. These two individuals who are currently serving for District 3, their terms expired on October 15, 2009. But as the rule states, they continue to serve until their replacements have been appointed. Vice Chair Carollo: Defer. Ms. Thompson: Okay, 1/14/10? Vice Chair Carollo: Yes, ma'am. BC.13 08-01260 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 102 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 APPOINTEES: 08-01260 CIP Memo.pdf 08-01260 CIP Current_Members.pdf 08-01260 applications 12-17-09.pdf NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez This item was deferred to the City Commission meeting currently scheduled for February 11, 2010. Priscilla A. Thompson (City Clerk): Then we move on to BC.13, which is your Civilian Investigative Panel. Chair Sarnoff I'm going to ask for a motion to defer BC.13. Ms. Thompson: And what meeting would you --? Chair Sarnoff I'm going to move to defer BC.13. Ms. Thompson: Do you have --? Vice Chair Carollo: There's a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Ms. Thompson: Chair, I'm sorry. Do you have a date in mind? Chair Sarnoff I'd like to put this back to the February first meeting. Ms. Thompson: Okay. That'll be February 11. Okay. Vice Chair Carollo: All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposition have the same right in saying "nay." BC.14 09-01399 RESOLUTION City of Miami Page 103 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01399 PA R Memo.pdf 09-01399 Parks Current_Members.pdf CONTINUED Priscilla A. Thompson (City Clerk): Then -- Chair Sarnoff BC.14. Ms. Thompson: -- BC.14, your Parks and Recreation Advisory Board. Vice Chair Carollo has an appointment for that board. The only stipulation, Vice Chair, that you have there is that whomever you appoint must be a resident of District 3. The person who is already there, Brian Barroso, his term expired October 15, but of course he would continue to serve until an appointment has been made. Vice Chair Carollo: Defer. Ms. Thompson: Okay, so I'll schedule that for 1/14. BC.15 09-01392 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01392 Finance Memo.pdf 09-01392 Finance Current_Members.pdf CONTINUED Priscilla A. Thompson (City Clerk): BC.15, your Finance Committee. Vice Chair Carollo, you have one appointment. The individual who currently serves for District 3, Humberto Rodriguez, his term expires on May 13, 2010. Vice Chair Carollo: Defer. Ms. Thompson: To January? Vice Chair Carollo: Yes, please. City of Miami Page 104 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Ms. Thompson: Thank you. BC.16 09-01393 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01393 NAB Memo 0114.pdf 09-01393 Current_Members 0114.pdf CONTINUED Priscilla A. Thompson (City Clerk): Then we move on to BC.16, the Nuisance Abatement Board. Vice Chair, you have one appointment. The current -- the individual currently serving, Lewis J. Beilman, his term expires on March 11. Vice Chair Carollo: Defer to January -- Ms. Thompson: Okay. Thank you. Vice Chair Carollo: -- 14. Ms. Thompson: All right. BC.17 09-01394 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01394 Audit Memo 0114.pdf 09-01394 Audit Current_Members 0114.pdf CONTINUED Priscilla A. Thompson (City Clerk): Then we move on to BC.17 is your Audit Advisory Board. Vice Chair, you have an appointment for a seat that's currently vacant. Vice Chair Carollo: Also a deferral. Ms. Thompson: Okay, 1/14? Vice Chair Carollo: Yes, ma'am, please. Ms. Thompson: Thank you. City of Miami Page 105 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 BC.18 09-00871 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Gustavo Godoy Vice Chairman Frank Carollo 09-00871 Virginia Key Trust Memo.pdf 09-00871 VKBP Current_Members.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-09-0593 Priscilla A. Thompson (City Clerk): Moving on to BC.18, which is your Virginia Key Trust. Chair Sarnoff, you have an appointment for that one. Then Vice Chair Carollo, you have an appointment. The three at -large appointments, we are supposed to, according to the ordinance, receive a list of nominations from the board. We have not, as of this point in time, received nominations from the board for the three at -large appointments. Vice Chair Carollo: Madam City Clerk, I currently have Gustavo Godoy as my appointee. Ms. Thompson: Okay. Vice Chair Carollo: Can I reappoint him then? Ms. Thompson: Sure. Vice Chair Carollo: I'd like to reappoint Gustavo Godoy. Ms. Thompson: So what will happen then, since he was appointed by the previous District 3 Commissioner, now he's being appointed by you, so his term of office will start anew with you being his appointing Commissioner today. Vice Chair Carollo: Perfect. Ms. Thompson: Okay. Vice Chair Carollo: Thank you. Commissioner Suarez: I will make the motion to appoint Gustavo. Ms. Thompson: I'm sorry, Commissioner. The Chair has an appointment to make as well. Commissioner Suarez: My apologies. City of Miami Page 106 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 BC.19 09-01419 Office of the City Clerk BC.20 09-00415 Office of the City Clerk Ms. Thompson: I'm sorry, Chair. We're on the Virginia Key Beach Trust. You -- Chair Sarnoff I'm going to defer. Ms. Thompson: Okay, then you can go ahead. Thank you. Commissioner Suarez: I'll make the motion to retain, I think, Commissioner Carollo's -- the person who is appointed in that seat that Commissioner Carollo is reappointing to that seat. Ms. Thompson: Actually, it's going to be Vice Chair Carollo's appointment of -- okay. Commissioner Suarez: I stand corrected. Ms. Thompson: Okay. Vice Chair Carollo: So I second it? Ms. Thompson: Yes. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: BC.19 was continued already to January. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission -At -Large 09-01419 CSB Exe Sec Memo.pdf 09-01419 Memo CSB.pdf 09-01419 Current_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously to defer BC.19 to the City Commission meeting currently scheduled for January 28, 2010. RESOLUTION 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 City of Miami Page 107 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: of the Mayor's International Council of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: of the Miami -Dade County League of Cities of the Florida League of Cities of the Greater Miami Convention and Visitors Bureau of the Metropolitan Planning Organization (MPO) of the Miami River Commission of the Miami -Dade County Tourist Development Council 09-00415 Memo Commissioners as Members of Boards.pdf 09-01415 History Elected Officials 2008-09.pdf DEFERRED This item was deferred to the City Commission meeting currently scheduled for January 28, 2010. Priscilla A. Thompson (City Clerk): Then we have BC.20. Commissioners, Chair, ifI might remind you, we handled a lot of these appointments as a non -agenda item on December 10. We City of Miami Page 108 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 have appointments remaining. Would you like for me to review which ones are remaining or how would you like for me to do this one? Chair Sarnoff Why don't we defer this until the second meeting in January? Ms. Thompson: The second meeting in January will be January 28. Okay. Chair Sarnoff All right. Ms. Thompson: And then that ends it for me with your BCs, your board and committee appointments. END OF BOARDS AND COMMITTEES City of Miami Page 109 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 DI.1 09-01369 DISCUSSION ITEM City Manager's Office DISCUSSION ITEM A REPORT REGARDING THE STATUS OF THE UNION AND ADMINISTRATION DISCUSSIONS. 09-01369 Discussion Page.pdf 09-01369-Submittal-Memo-City Manager.pdf DISCUSSED Mayor Tomas Regalado: -- I just want to consult with you. Andl understand there is a huge agenda, and there's only three members. But you would remember that you and me were the only elected officials when we had the first public forum on pensions 30 days ago. You would remember that we directed the Administration that on December 17 they will come back with a report of the different meetings that they had and progress, if they did, with the union. My information is that there is progress. And if you wish -- I think that you all had a memo from the Manager regarding the pension discussion, but I think that there's more to it. I think that there's more good news in terms of pension, but if you want to set this report later on or in the next -- Chair Sarnoff Mr. Mayor, you're here now. Mayor Regalado: -- Commission meeting. Chair Sarnoff Why don't you bring your report? Mayor Regalado: It's very (UNINTELLIGIBLE). I think it's very simple. The Manager has something to report to you, and I think that Armando Aguilar -- I don't know if he's here, but he also had a very productive meeting with the Manager. I think it was yesterday or the day before yesterday. Pedro G. Hernandez (City Manager): Right, Mr. Mayor. We had -- between the 16th of November and this date, we had two meetings with FIPO, meaning Fire and Police, and we also had one meeting with GESE (General Employees and Sanitation Employees). And would have to report that, as I stated in the memo, the meetings were very productive. We have discussed two proposals that we're working with FIPO to be able to further vet and then be able to determine the estimated potential savings to the City. Both proposals do include a change in the actuarial cost methods from aggregate to entry age normal. This will smooth the volatility and contributions over the years. The estimated savings from this action would be $7 million. The only issue here is that this change in actuarial cost requires a settlement in the amended final judgment in Gates that obviously we have to be in concert with Fire and Police and also including the retirees before going into court in order to expedite it. The -- both proposals that we discussed do identify possible dedicated revenue sources to mitigate the costs and the funding of the pension stabilization fund, and the differences lies on how the revenue sources are better utilized and to handle the complexity of each proposal. One of them includes a modification to the COLA (Cost of Living Allowance), which also includes an amendment to Gates. So we're looking at the combination of both proposals to be able to better determine the potential savings that they can generate, and we'll both get our actuaries working on it to properly identifi, it. We also met with GESE, Charlie Cox and Joe Simmons, and one of the recommendations of that meeting is that all members of that pension have a uniform contribution increase of -- across the whole union. That means that every -- all their contributions will be reduced from what they're currently paying. However, part of that amount would go towards the pension. We are continuing to collaborate with both GESE and FIPO in moving forward on developing ideas that do mean real savings to the City and stability and sustainability. And we'll continue to report. I know the Mayor and the Commission has asked us to come back every month in the second meeting to report, so we'll continue to meet. And the next report will be on January 28. City ofMiami Page 110 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Any Commissioners have any questions for the record or comments? All right. Thank you very much, Mr. Mayor. Have we taken care of your agenda? Mayor Regalado: Thank you, sir. Chair Sarnoff We have to get you down to 'bout an hour sooner somehow. Mayor Regalado: Be here early. Chair Sarnoff All right. We have a special set 11 o'clock, but I'm going to do something that you guys are going to like. We're going to take a five-minute recess. All right, we'll be back gentlemen -- ladies and gentlemen, it is -- we'll be back by 11:15. Thank you. END OF DISCUSSION ITEM City of Miami Page 111 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER DISTRICT 1 END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 09-01296 DISCUSSION ITEM VISUAL PARK INITIATIVE - POSSIBLE ENHANCEMENT DISCUSSION ABOUT CHAIRMAN SARNOFF'S VISUAL PARK INITIATIVE AND IT'S GOAL TO CREATE TEMPORARY VISUAL PARKS IN APPROPRIATE LOCATIONS THROUGHOUT THE CITY OF MIAMI. FLORIDA STATUTES 193.501 (1), (3) A. PROVIDE DETAIL AND INFORMATION ON CONSERVATION EASEMENTS THAT WOULD BENEFIT MUNICIPALITIES AND PROPERTY OWNERS. FS 193.501 CURRENTLY REQUIRES A CONSERVATION EASEMENT OF NOT LESS THAN TEN (10) YEARS. DISCUSSION ABOUT A RESOLUTION REQUESTING THE FLORIDA LEGISLATURE TO REDUCE TEN (10) YEARS TO PERHAPS FOUR (4) TO FIVE (5) YEARS. DISCUSSION ABOUT STEPS TO STIMULATE THE VISUAL PARK INITIATIVE PROGRAM. DISCUSSION ABOUT THE CITY OF MIAMI'S ABILITY TO BUY APPROPRIATE SITES WHILE REAL ESTATE PRICES ARE REPUTEDLY LOW. 09-01296 Email.pdf CONTINUED Chair Sarnoff We have gone through D1.1 [sic]. I'm tempted to defer my District 2 blue pages, andl think I'm going to do that. Is Flagstone ready? Priscilla A. Thompson (City Clerk): So, ifI just make sure, Chair, what you're saying to me. Chair Sarnoff Wait. I didn't see you, Elvis. I apologize. Wait a minute, madam. Excuse me one moment. I'm going to defer the District 2 regular agenda blue pages. Ms. Thompson: Okay. So that would be DC2.1 [sic] and DC2.2 [sic]. Do you have a City of Miami Page 112 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 particular date you would like them to be rescheduled for? Chair Sarnoff I wish I were finding some light agendas somewhere. I'll just put it to the next agenda, Madam Clerk. Ms. Thompson: Okay. That would be our January 14, okay. D2.2 09-01297 DISCUSSION ITEM MIAMI-DADE COUNTY TAX BILL CITY OF MIAMI WASTE FEES DISCUSSION ABOUT MIAMI-DADE COUNTY REAL ESTATE PROPERTY TAXES AND THE RECENT 2009 NOTICE OF AD VALOREM TAXES AND NON -AD VALOREM ASSESSMENTS. IS IT POSSIBLE THAT MANY CITY OF MIAMI PROPERTIES DID NOT RECEIVE ACCURATE BILLS? IS IT POSSIBLE THAT PROPERTIES RECEIVED INACCURATE BILLS PERTAINING TO CITY OF MIAMI WASTE FEES? IF YES, WHAT CAN BE DONE? 09-01297 Email.pdf CONTINUED Note for the Record: For minutes related to Item D2.2, see Item D2.1. 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 DISTRICT 5 END OF DISTRICT 5 City of Miami Page 113 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 NA.1 09-01436 Honorable Mayor Tomas Regalado NA.2 09-01437 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A DONATION OF SURPLUS CAMPAIGN FUNDS FROM THE CAMPAIGN OF TOMAS REGALADO FOR MAYOR, PURSUANT TO FLORIDA STATUTE §106.141, IN THE AMOUNT OF $3,962.26; ALLOCATING SAID FUNDS TO THE GENERAL FUND. 09-01436-Legislation. 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 Honorable Mayor Tomas Regalado R-09-0563 Chair Sarnoff Mr. Mayor, I'd like to take up some of your pocket items. I believe you have a pocket item requesting us to provide a -- to accept a donation of surplus campaign funds from the campaign of Tomas Regalado for Mayor, pursuant to Florida Statute Section 106.141, in the amount of $3,962.26;; for this Commission to accept the funds to be allocated into the general fund. Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you, Mr. Chairman. And the reason for that specific amount is because we had the Christmas tree lighting outside City Hall, and the City this year did not had a special event fund Last year the City -- the taxpayer paid for the Christmas tree lighting, the Christmas tree, and all of the expenses. This year we did not want the residents not to have this tradition, so we proceed and we are covering the cost of the Christmas tree, the little train, and other expenses in terms of lights and all the expenses that were incur, except, of course, the police and the other -- the food was a donation obtained by the members of the Commission and the office of -- residents and the Mayor's office, so I thank you for accepting this money. Chair Sarnoff All right. We need a motion. Commissioner Suarez: I'll make the motion with discussion -- brief discussion, very brief. Chair Sarnoff Better be brief. Second? Vice Chair Carollo: Second. Chair Sarnoff Go ahead, Commissioner Suarez. Commissioner Suarez: I just want to commend the Mayor for making that donation on behalf of the City, again, setting the example for what we, as elected officials, should do. Reducing his salary last meeting -- this meeting; contributing to the general fund. What do we have next meeting? I can't wait to see. Anyhow, thank you, Mr. Mayor. Chair Sarnoff All right. 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 AUTHORIZING THE CITY MANAGER TO APPROPRIATE THE SURPLUS CAMPAIGN FUNDS DONATED TO THE CITY OF MIAMI ("CITY") GENERAL FUND, PURSUANT TO RESOLUTION NO. 09-0563, ADOPTED DECEMBER 17, 2009, TO City of Miami Page 114 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 REIMBURSE THE CITY FOR EXPENDITURES INCURRED IN THE 2009 HOLIDAY TREE LIGHTING CEREMONY, IN THE AMOUNT OF $3,962.26. 09-01437-Legislation. 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-09-0564 Chair Sarnoff We have a second item for the Mayor, and this is a donation of surplus fund from the Mayor's campaign fund, which we just accepted to be allocated to the general fund Mr. Mayor, would you like to be recognized or was that adequate? Mayor Tomas Regalado: No. Chair Sarnoff All right. Mayor Regalado: I mean, we just -- we gave the check to Pete. I hope that -- Chair Sarnoff And in conclusion. Pedro G. Hernandez (City Manager): Right. Mayor Regalado: -- he deposit it. In conclusion. We need to conclude. Commissioner Suarez: I make the motion. Chair Sarnoff All right. We have a motion and we have a -- do we have a second? Vice Chair Carollo: Second. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Mr. Mayor, I think we have accomplished your agenda; am I right, or are there other issues? Mayor Regalado: There are other issues, but -- Chair Sarnoff Go ahead, sir. NA.3 09-01439 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUESTING SUPPORT FROM MAYOR TOMAS REGALADO AND THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO USE ALL RESOURCES AT THEIR DISPOSAL TO FIND A MUTUALLY ACCEPTABLE RESOLUTION TO PREVENT THE DEMOLITION OF THE ICONIC STRUCTURE KNOWN AS THE PALM BAY TOWERS, LOCATED AT 720 NORTHEAST 69TH STREET, MIAMI, FLORIDA. 09-01439-Submittal-Commissioner Sarnoff.pdf City of Miami Page 115 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 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-09-0591 Chair Sarnoff Gentlemen, I have a pocket item, I'd like to bring it up. It is a nonfinancial issue, but it is about a place called Palm Bay Towers, which is a 27-story condominium building located at 720 Northeast 69th Street in the City ofMiami. It's located just north of Legion Park. It is built actually into the water. And I'm hoping my office can provide a copy of a photograph if you have never seen it. It could not be rebuilt again because DERM (Department of Environmental Resources Management) would not allow it to be rebuilt again. With approximately 65 to 70 units ranging in size from 1,900 square feet to over 6,000 square feet -- actually, Palm Bay Towers is a very noteworthy building. It has been home to extremely well-known families and individuals for years in this area. We've had some distinguished Commissioners live there. And it's quite a place, and in its day, it might have been called the place to live. On December 3, 2009, two weeks ago, the residents of Palm Towers received a letter from the City ofMiami Building official noting them as follows. "The power will be cut off and the building will be demolished on January 3, 2010." Miami -Dade County Unsafe Structures Board is equally involved and has passed an order requiring the destruction of the building. I only learned about this approximately one week ago, and we took immediate action within ten minutes of learning of it. As a matter of fact, the City Manager was walking by, as was Orlando Toledo, and don't think there could have been two more precipitous better people walking by in that moment. And we immediately started taking action. Andl must admit, not all the action taken by the City, in my opinion, or what I'm hearing, has been consistent with what think the City Manager's desire is, and I hope what Orlando Toledo's desire is. But I would like to get the support from my fellow Commissioners and have a resolution passed that would state that the City Manager take all steps necessary to use all resources at their disposal to find a mutually acceptable resolution to prevent the demolition of this iconic structure. Now, in my mind's eye -- I know this goes back many, many years, gentlemen. I know this goes back -- and I didn't know this until about a week ago -- to issues and disputes that are probably the better part of a decade old. However, how anyone in the City ofMiami -- and I'm going to leave the County out for a moment -- can write a letter this time of year and tell somebody that on January 3 their power will be cut off and on January 5, the building will be destroyed I think is beyond the realm of reason. And this is not a [sic] insignificant building. In its day, it was an iconic structure. Today, it is still a building that is actually built onto the water that could not be rebuilt again. And they may have issues and things they've done wrong, butl will tell you this. How we cannot grant a six-month extension and try to figure out how to get this building back in shape -- when I say in shape, some of these apartments are just breathtakingly beautiful. Some of them may have some issues with some windows. I'm not going to tell you I understand everything, but I think each and every one of you would agree with me that for us to put out a letter that says you're going to have to move prior to your preparations for Christmas, Hanukkah, or Kwanzaa, or whatever it is you celebrate this particular year -- and by the way, we hope you're moved out right after first of the year, is, to me, beyond the realm of reason. And all due respect, if this was occurring in Allapattah, I think Mariano Cruz would be up there screaming the insensitivity, how could the City do this. And he's even doing it for me, even though it's my neighborhood. Andl just -- I'm not going to tell you I have all the answers to the questions. But I know the Mayor, I believe, supports me with this. This is just some of the most insensitive things that you could imagine coming out Christmas season. To give this many people notice that your building's going to be torn down in less than two weeks' time or three weeks' time is --I think I've said enough, and hope this Commission can support me in supporting a resolution that the City Manager take all steps necessary to prevent -- and use all resources at his disposal to find a mutually acceptable resolution to prevent the demolition of this iconic structure. Andl hope somebody would support that motion. So I move as such. City ofMiami Page 116 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Vice Chair Carollo: I have a motion by Chairman Sarnoff. Do I have a second? Commissioner Suarez: I will second the motion. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Hearing none, I'll call the question. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposition has the same right, say "nay." Motion passes. Chair Sarnoff Any of the unit owners that are in attendance, please stand, just so we can see who you are. Do any of you feel like your building needs to be torn down on January 5? Unidentified Speaker: No. Unidentified Speaker: No, sir. Chair Sarnoff Okay. Do you guys really live there? Unidentified Speaker: Yes. Chair Sarnoff Is it really home? Unidentified Speaker: Beautiful. Chair Sarnoff Look at that man over there and tell him to do everything necessary to prevent your home from being torn down. Pedro G. Hernandez (City Manager): Mr. Chairman, I'll do whatever is necessary to ensure that it will not be demolished, butt must say this. That building is worth about 40 million, maybe more. The total cost of the repairs, maybe one million. Believe me, worst comes to worst, I'll file an injunction to force compliance, andl think it's enough said, you know. Unidentified Speaker: That's not accurate about the one million. It's close to three million for repairs and (INAUDIBLE). Chair Sarnoff I think his point is well taken. You do not tear down a $40 million building when you have less than a 5 percent repair issue. And like I said, I don't pretend to know all the issues, folks, andl know this has been going on a long, long time. Andl know when the City Manager read the letter -- and he doesn't go pale very often -- and he went completely pale. And I believe in his heart he's going to do everything he can. I think we need to get this bureaucracy -- andl know the Mayor can do this -- but to get this bureaucracy going in the same direction so that our City Attorney speaks the same language as the City Manager, speaks the same language as the building inspectors, speaks the same language as the building official 'cause nobody needs to tear down this building. And if anybody's playing a game of brinksmanship, well, you know, what? Let them play that game somewhere else. It's your lives. It's your home. I would remind you there are things you need to do. Andl understand that some of the folks that were handling this before -- andl mean this absolutely respectfully -- may have gotten a little old in terms of their abilities to do things, but you have a new board of directors. You have some new folks, some energetic folks. Please do your part. Don't leave the City hanging out there. You need to do some things to secure your places, but you have places that should be worth half a million to a million dollars in a bad economy, not 100 and $200, 000 on the verge of somebody tearing something down. Andl know some of you paid $3 million for your place. I know that -- I -- when I said that number, I realize they're worth more than what I said when you purchased City of Miami Page 117 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 them. But I want to thank you all for coming here. You'll have the full faith and support of the Mayor. You'll have the full face [sic] and support of this Commission, and you'll have a City Manager -- ifI need to, I'll move him in there to make sure that nobody tears down that place. Mr. Hernandez: May not be a bad idea. Chair Sarnoff So you tell Haifa you'll be moving in there. Mr. Hernandez: Might not be a bad idea, sir. Chair Sarnoff Thank you very much. Thank you for coming. Unidentified Speaker: Thank you very much. Mr. Hernandez: That's a nice building. Note for the Record: The following discussion took place after the regular meeting had been recessed. [Later...] Chair Sarnoff Is there anything else out there going on? Jorge Ramos: Yes, there is. Chair Sarnoff What's that? Mr. Ramos: If I might. May I have the floor? My name is Jorge Ramos. I live at 720 Northeast 69th Street, Apartment 23 South, better known as the Palm Bay Towers. Andl understand that a emergency issue came in front of this Commission tonight and it was heard and passed and approved without giving due process to all the residents of the building. Andl would like to know, as a resident and owner of the property, what took place here and what is the position of the City at this point? Chair Sarnoff The City's position is that there'll be no tearing down of the bidding during the Christmas holiday season and we will take all acts necessary to ensure that the building will not be torn down; further, that the residents will cooperate and bring the building into compliance. Mr. Ramos: Okay. You're saying that there will be no tear down of the building during the Christmas season. I believe that's a misstatement because the order is for January 3. Therefore, it's post -Christmas. Chair Sarnoff Right. When would you be moving out, sir? Mr. Ramos: No. I'm moving out tomorrow, sir. Chair Sarnoff Okay, then you don't have a problem. Mr. Ramos: Well, no. I do believe I have the right to stand here and ask you the question that I've -- Chair Sarnoff And I'm going to give you two minutes. Mr. Ramos: -- asked. City of Miami Page 118 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff Madam Clerk, give him two minutes. Mr. Ramos: In that case, I would like to ask the City Attorney if this -- Ms. Bru: IfI may, Chair. IfI may, cant clarify something? Chair Sarnoff Sure. Ms. Bru: Okay. I believe the motion that was made -- the resolution that was adopted is the Commissioners expressing the desire that the City do all things that are legally available to the City to prevent the demolition of a building that has aesthetic historical value. The Commissioner is not instructing us to, in any way, shape or form obstruct any order that has been entered into by -- entered by any quasi judicial board. What he's simply saying is to avail ourselves of any legally available means to try to prevent the demolition of the building. Obviously, the Commissioner understands that we're going to comply with whatever order has been issued, but to the extent that there is discretion available, legal discretion available to work with the building in order to get it done, to get it brought up to Code without the need for a demolition, that is the instructions that we have. Mr. Ramos: Okay. If I may, I don't think anyone wants that any more than I do, since I'm a property owner andl have quite a sizable investment in that building. Chair Sarnoff State your name for the record and your address. Mr. Ramos: My name -- I beg your pardon? Chair Sarnoff State your name and address for the record. Mr. Ramos: I believe I already said that, sir. Chair Sarnoff I didn't hear it. Mr. Ramos: If you weren't here -- andl'm sorry. My name is Jorge Ramos. I reside at 720 Northeast 69th Street, Apartment 23 South, Miami, Florida 33138. Now, going back to my point, madam, andl appreciate what you said, I don't think anyone wants that building to remain standing any more than I do. I have a lot more invested in there than most of you folks, or if not all of you. However, when that building has a history for 20 years of violating codes, of not doing anything to the point where it went to the Unsafe Structures Board and it was declared an unsafe structure, to the point when it went in front of BORA (Board of Rules and Appeals) and BORA denied to hear their appeal this morning, okay. And it's an unsafe structure andl'm living in an unsafe structure. And the longer that building remains an unsafe structure, the more hurricane seasons I have to live there, sir, not you, I and a lot of other people who live in that building who feel the same way that I do. For this type of hearing to take place, without giving due process to all the residents of the building -- and I'm not saying you would have achieved a different outcome, but what I'm saying is we are entitled to due process as citizens of the City of Miami and we were not given that. So therefore, what happened today is a travesty. You actually are overruling our governmental system. Chair Sarnoff Not at all, sir. Mr. Ramos: Yes, you are, sir. Chair Sarnoff Not at all. Mr. Ramos: Because if you know the history of this, you will find out that the City officials -- City of Miami Page 119 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 and the whole City's been working with this building or trying to work with them since 1992, to the point where the president of the board of director or the manager of the building will not return the calls of your City officials, who are doing their job. And the only way that am -- or I and a group of other residents, I must say, are going to get this solution done is by going to circuit court and for us to petition to have a receiver appointed because there are too many personalities and too many emotions and it will never get done. But so long as they are continue to be given extensions of time without merits -- because if you look at the record, okay, if you do a little bit of due diligence, Commissioner, I will assure you that you will not be taking the stance that you're taking, okay. There are people living there who's lives are in jeopardy. It's an unsafe structure. We need for this to move along. Unfortunately, the administrated [sic] avenues have been exhausted. At this point, I don't like it any better than anyone else, because I have to pay the attorneys' fees, but at this point, all we have is a judicial determination must be taken with reference to the City. And when I find out having dinner at 8 o'clock at night that there's an emergency issue in front of the Commission and all the citizens and all the property owners of the affected property have not been notified it boils my blood, sir, and that's why I am here. Mr. Hernandez: Mr. Ramos, ifI may. Mr. Ramos: Yes, sir. Mr. Hernandez: The action that was taken here tonight, led by the Chair, is actually to confirm the desires and actions that the Administration is taking. We know that we have been ignored, we, government, for many, many years by the folks at the association that head the condominium. But on the other hand, it is very illogical to think of demolishing a building that may be worth 40, 50 million, compared to a repair cost of maybe 2 million, maybe 3 at the most. We want to find a workable solution to this. If we have to go through the courts in order to achieve the necessary compliance, we'll do so. But the Chair and the Commission confirm what we're trying to do. We're trying to find an acceptable solution and that's our goal. We have put the pressure on the building representatives, but our goal is not to demolish. That's illogical. Our goal is to find -- we must obtain compliance. That's what we want, compliance. And if we have to go through the courts to obtain compliance, we'll do so. So rest assured that we're very serious on this, but we want to do it in a responsible manner. Mr. Ramos: I appreciate that, Mr. Hernandez. And the question that I have then becomes what is responsible compliance? Because if you have a building, a board of directors -- by the way, I'm disenfranchised. I'm just a property owner. I have no right to speak in front of the board of directors. And unfortunately, Florida laws are so poor that I'm just another Joe, okay. But if that board of directors has been ignoring every City official and County official for the past 20 years or since 1992, where do you draw the line and be responsible, sir? Mr. Hernandez: If necessary, we'll take this item to court, get an injunction to force compliance. Mr. Ramos: Then would like to ask you one more question, and I'm done. Mr. Hernandez: However, I think that you will probably get more information or more detail from working with my staff who are going to be pursuing this between now and the end of the year to deal with solutions. Mr. Ramos: Sir, I've been working with your staff for three and a half years. Mr. Hernandez: Well -- Mr. Ramos: Okay, andl am telling you it's a dead end. And the last question that I have is as follows. January 3 is the deadline. On January 3, there's a letter -- very explicit letter which said we will cut off the power and the electricity. Now the ball is on the court of the City of Miami Page 120 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 condominium association to file injunctive relief in circuit court. Mr. Hernandez: Correct. Mr. Ramos: Does it remain that way? Is that the way it is right now? Has the burden been shifted -- Chair Sarnoff No, 'cause this -- Mr. Ramos: --from the association to the City? Chair Sarnoff No. Mr. Ramos: And that's the question. Mr. Hernandez: Well, they have the opportunity to file an injunction, if they so desire, to obtain the necessary time to develop an acceptable, workable solution with us. If they don't, we will force the action through the courts. Mr. Ramos: So, basically -- Mr. Hernandez: We can force it. Mr. Ramos: -- what you're telling me at this point then if -- and I'm not being adversarial. I just want to be fully informed. What you're telling me at this point is that if the Palm Bay Towers doesn't comply, then that letter, by the City official who's been working on this project since day one in his appointment by the City, is not valid because now the burden is shifted to the City? The City have to file the injunction in order to turn off the water and the electricity. It's not the other way around. As the letter is reading -- is written and as the decision has been made, the condominium association has the burden to file in order to stop the City from taking action. Am I hearing that now --? Mr. Hernandez: What I'm saying is that other actions will occur before January 3. Mr. Ramos: You're still not answering my question. Sir, with all due respect, I know you're a lawyer and (UNINTELLIGIBLE) -- Mr. Hernandez: No, I'm not. Mr. Ramos: I'm here as a resident. Mr. Hernandez: I'm not. I'm an engineer. They, the association -- Mr. Ramos: Yes. Mr. Hernandez: -- can go to court -- Mr. Ramos: Yes, sir. Mr. Hernandez: -- and file an injunction. Mr. Ramos: I want them to. Mr. Hernandez: Okay. If they fail to do so -- City of Miami Page 121 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Mr. Ramos: Yes. Mr. Hernandez: -- before that date -- Mr. Ramos: Yes, sir. Mr. Hernandez: -- one of our options is to, the City, file an injunction to force compliance. The goal is to achieve compliance, not to actually demolish the building. It is a threat, a very significant and serious threat to demolish the building, but the goal at the end is to actually be able to save a building at that location that merits saving. Mr. Ramos: Sir, once again, I have a ton of money invested. I have a beautiful 3,000 square foot apartment on the 23rdfloor with the most beautiful -- Mr. Hernandez: And we want to save it. We want to preserve it. Mr. Ramos: (INAUDIBLE) glass of wine, but that's not the issue at hand. The issue at hand is simply you have an order out there, okay. And the order is time -specific, and you have 72 families who live in that building. Therefore, it's not fair for those people and for me not to know whether I'm the one who has to file a lawsuit or is the City -- or has the burden shifted to the City? Because as it is right now -- andl thinkl explained this before -- the burden is on the association. Mr. Hernandez: The burden at this point in time is on the association itself. Mr. Ramos: On the association. Nothing has shifted. So what was this motion all about? What was this? Because I still don't understand it. Chair Sarnoff Mr. Ramos, this City is not going to be turning off anyone's power and this City is not going to be putting a crane in anyone's window, and that is exactly what we did today. This building will not be torn down on January 5 [sic]. Mr. Ramos: That's not what I'm asking, sir. Chair Sarnoff That's exactly what this motion did. Mr. Ramos: No. That's not what I'm asking. Then, once again, you're not answering my question. Chair Sarnoff Well, then you being a lawyer -- let me finish 'cause this meeting is going to be adjourned -- you understand the rights and privileges that you have. Mr. Ramos: I am here as a citizen. Chair Sarnoff And let me speak 'cause I'm the Chairman. Mr. Ramos: I am here as a citizen and I'd like -- Chair Sarnoff I understand that. Mr. Ramos: -- to be respected as such. Chair Sarnoff And I'm giving you respect. Mr. Ramos: Well, please do. City of Miami Page 122 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 Chair Sarnoff I'm only asking that you listen to me. I listened to you. Mr. Ramos: Go ahead. Chair Sarnoff I'm telling you that there will be nobody displaced during this time of year. There will be no turning off of water. There'll be no turning off of electricity. Where you go in the next three days, I have no idea, 'cause you apparently are going to be leaving your apartment, and that's your choice. This City Manager, with the Mayor and this Commission, has been instructed to take all acts necessary to find a mutually acceptable resolution to prevent the demolition of the iconic structure. That is, as you would say, a nice conclusory statement to make. And this is what he's going to do. Mr. Ramos: All right, sir. May I -- do I have a rebuttal or --? Chair Sarnoff I'm going to give you 30 seconds to address it. Mr. Ramos: Thirty seconds. Very well. You have made a decision without due diligence. Congratulations. Unless you force this association to do anything, they're not doing anything. And when nothing happens, sir, and nothing will happen, then too bad for you, okay. Too bad for you because you have, in my opinion, crossed the line. This is gross negligence, because I live there. This is an unsafe structure. And if you do this, I have two more hurricane seasons before I can -- Chair Sarnoff Mr. Ramos, you know -- Mr. Ramos: No. I'd like to be heard first, and then you can say -- Chair Sarnoff Your 30 seconds -- Mr. Ramos: -- anything you want. Chair Sarnoff -- is over, Mr. Ramos. Mr. Ramos: I have two more hurricane seasons to live there because that's how long it takes to prepare a project of that magnitude. I live there; you don't. Chair Sarnoff Mr. Ramos, do you know what a Pascalian wager is? Mr. Ramos: I beg your pardon, sir? Chair Sarnoff Do you know what a Pascalian wager is? Mr. Ramos: No. Please explain, and I'm kind of dumb. Chair Sarnoff No. I didn't call you dumb, sir. I'm asking -- Mr. Ramos: No, I am. Chair Sarnoff -- you if you know what a Pascalian wager is. Mr. Ramos: No. I am asking you what it is. Chair Sarnoff Pascal was a very famous priest who saidl can pray for one hour a week and maybe achieve everlasting salvation. He said or I cannot do it and the ramifications can be the City of Miami Page 123 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 rest of eternity. I'm taking a Pascalian wager. I'm suggesting that there could be a cooling -off period so that nobody's electric and nobody's water gets turned off during the holiday season. Now you may find that unpalatable and you may find it very palatable. You may be waging a game of brinksmanship and you may not be waging a game of brinksmanship. Sitting in my position, as the Commissioner for District 2, I'm not going to allow or afford anybody to play brinksmanship until understand the issues completely and until a circuit court judge makes the determination that all efforts have been exhausted and are no longer available. And if, in fact, that is an unsafe structure, which I have difficulty believing it is, then that'll be a circuit court judge's decision. That can be appealed to the Third Circuit Court of Appeals. And if you feel so inclined, that could be -- if possible -- Mr. Ramos: At the Eleventh, sir. Chair Sarnoff -- to the Supreme Court. Mr. Ramos: It will go all the way up. And besides that, I understand your position andl don't disrespect you in any way, shape or form. To me, this is not personal. However, you have taken a stand that affects me very directly. And the truth of the matter is that anybody who thinks that I want the building demolished should go to a psychiatrist tomorrow, but what do want is action. And what I'm telling you is by delaying, delaying, delaying, all you're causing is more damage because we're moving -- this is a project that will require between 18 and 24 months from beginning to end. That's two hurricane seasons, sir. Chair Sarnoff Well, let me close -- Mr. Ramos: Two. Chair Sarnoff -- with saying this. If in fact, in 30 to 60 days this cannot get resolved and in fact it has to go to a court of law, I've only wasted 30 to 60 days. On the other hand on Pascalian wager is, if on January 7 somebody reads that order, sees the City letter and a crane arrives and starts knocking down that building, I wasn't prepared to see that happen. Mr. Ramos: Commissioner, with all due respect, you don't have the money to do that, okay, so you will have to wait until the City -- until the building goes to circuit court. The attorneys for the City will have to then defend that action and, at that point, like you said, a judge of competent jurisdiction will make that decision for you. So it is not -- basically, a delay is not helping anyone. And I don't think your position or mine is that different if you look at it from the right perspective. Chair Sarnoff Then we're all in agreement then. Mr. Ramos: So as it stands now, the City will proceed with what it has to do on January 3, andl ask you humbly to please inform all the people who live in that building that there is no respite for 90 days, okay. Please inform them of what this hearing and what the resolution is all about. That's all I'm asking you. Keep everybody informed andl mean everybody. And don't trust the board of directors. Do it directly to every resident. Chair Sarnoff Thank you, Mr. Ramos. Mr. Ramos: Good night and thank you for your time. Chair Sarnoff I wish you a Merry Christmas. CONTINUATION OF MEETING TO DECEMBER 22, 2009 AT 9:00 AM A motion was made by Chair Sarnoff, seconded by Vice Chair Suarez, and was passed City of Miami Page 124 Printed on 1/8/2010 City Commission Meeting Minutes December 17, 2009 unanimously, to recess the Regular Commission meeting until December 22, 2009 at 9 a.m. ADJOURNMENT A motion was made by Chair Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to adjourn the December 22, 2009 Commission Meeting. City of Miami Page 125 Printed on 1/8/2010