Loading...
HomeMy WebLinkAboutCC 2010-01-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com '., IMCORP GROTED IL E y. • Meeting Minutes Thursday, January 14, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Commissioner District One Francis Suarez, Commissioner District Four Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes January 14, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA SS - SPECIALLY SCHEDULED ITEM PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES 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 2/1/2010 City Commission Meeting Minutes January 14, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Chair Sarnoff and Commissioner Suarez On the 14th day of January 2010, 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 Sarnoff at 9:44 a.m., recessed at 12:45 p.m., reconvened at 1: 02 p.m., recessed at 1: 27 p.m., reconvened at 3: 47 p.m., recessed at 6: 49 p.m., reconvened at 7: 06 p.m., and adjourned at 8:12 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Pedro G. Hernandez, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff Welcome to the City ofMiami January 14 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Frank Carollo, Vice Chair, Francis Suarez, and myself Commissioner Sarnoff Chairman. Also on the dais are Pete Hernandez, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer, and I would suggest a moment of silence for the cruel nature of nature -- nature of nature -- the cruel nature of the way things worked for Haiti. And I'm going to ask that Priscilla, our Clerk, give a prayer in honor of the repair and the rebuilding of Haiti. Invocation and pledge of allegiance delivered. PRESENTATIONS AND PROCLAMATIONS 10-00071 CEREMONIAL ITEM Honoree Presenter Protocol Item Tibor Hollo Mayor Regalado Commendation Diana Gomez Chair Sanchez Award PRESENTED 1. Mayor Regalado paid tribute to Tibor Hollo for his remarkable leadership and commitment to making Miami a sustainable city; further recognizing Mr. Hollo for being nominated "Miami Global City of the Year" by the Greater Miami Host Committee, as well as being hailed as the architect of Twenty -First Century Miami; further recognizing Mr. Hollo for his numerous awards and accolades, promoting arts and culture, and contributing generously to causes related to children through the Tibor and Sheila Hollo Family Foundation. 2. Chair Sarnoff recognized Diana M. Gomez, Finance Director, for having received from the Government Finance Officers Association of the United States and Canada the Certificate of Achievement for Excellence in Financial Reporting for fiscal year ending September 30, 2008. Chair Sarnoff And now it is my pleasure to present to you the Honorable Mayor Tomas Regalado. Mayor Tomas Regalado: Thank you, Mr. Chairman, and it's glad to be back here, for a while downstairs. Presentations made. City ofMiami Page 3 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 MAYORAL VETOES NO MAYORAL VETOES Chair Sarnoff Let me go through the number of ministerial things we can first. Madam City Clerk, have there been any mayoral vetoes? Priscilla A. Thompson (City Clerk): Sir, we have not received any mayoral vetoes up until this time. Chair Sarnoff All right. Ms. Thompson: Thank -- 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 Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, to APPROVED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff We also have approval of the minutes of the December 10, 2009 meeting. Is there a motion? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: So move. Chair Sarnoff All right. Any -- Commissioner Suarez: Second. Chair Sarnoff -- discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Now I think there's no preclusion in moving to the supplemental agenda. Is that correct, Madam Clerk? Priscilla A. Thompson (City Clerk): Okay. I only heard the minutes for one meeting, understanding that we have the regular meeting from December 10, the Planning & Zoning City ofMiami Page 4 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 meeting from December 10 -- Chair Sarnoff I'm sorry. Ms. Thompson: So if you all would like, if you want to go and -- Chair Sarnoff I agree. I didn't realize we had to take 'em [sic] separately. All right. So we -- Ms. Thompson: Actually, we've already gotten the first motion and approval for the first December 10 meeting. If you want to do the remainder collectively, that would be very easy to do. Chair Sarnoff All right. So let me announce it. Is there a motion for the Planning & Zoning meeting of December 10, the regular supplemental agenda meeting of December 10, and the regular supplementA agenda meeting of December 10? Commissioner Suarez: Motion is made. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. END OF APPROVING MINUTES City ofMiami Page 5 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Order of the Day Chair Sarnoff All right. We'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Thankyou, Mr. Chairman. Good morning, Mr. Mayor, members of the Commission, members of the public -- Chair Sarnoff Oh, I apologize. I had one other item. Ms. Bru: Oh. Chair Sarnoff I do apologize. [Later... ] Chair Sarnoff And I think -- Mr. Mayor, before we do this, I think I interrupted my City Attorney midsentence, and I apologize to her. And I think she needs to make a statement on the record. And then what I'd like to do is go to the supplemental agenda first. Ms. Bru: Thank you, Mr. Chairman. These are rules of conduct and some of the regulatory schemes that we have that apply to these meetings. Any person who's 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. We -- the -- should know the material for each item on the agenda is available during business hours at the City Clerk's office and online at wwwmiamigov.com [sic]. 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. Please, no cell phones or other noise -making devices. Silence any such device now. Any person making an offensive remark 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, please notify the City Clerk. Thank you very much, Mr. Chairman. Chair Sarnoff Thankyou, Madam City Attorney. City ofMiami Page 6 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 CA.1 09-01440 Department of Fire -Rescue CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES FOR FISCAL YEAR 2008-2009" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $488,582, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT AND PROVIDE TRAINING IN STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 09-01440 Legislation.pdf 09-01440 Exhibit.pdf 09-01440 Summary Form.pdf 09-01440 Appropriations.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0005 CA.2 09-01441 RESOLUTION Civil Service Board A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE ALLOCATION OF FUNDS, IN AN AMOUNT NOT TO EXCEED $41,000, FOR SPECIAL COUNSEL TO THE CIVIL SERVICE BOARD, INCLUDING ANY REQUIRED RELATED LITIGATION SERVICES; ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED $28,807, FROM THE FISCAL YEAR 2009-2010, CIVIL SERVICE OFFICE ACCOUNT NO. 00001.141000.531010.0000.00000, AND ANY ADDITIONAL COSTS INCURRED, ALLOCATED FROM ACCOUNT NO. 00001.98000.531010.0000.00000. 09-01441 Legislation.pdf 09-01441 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item CA.2 was deferred to the Commission meeting currently scheduled for April8, 2010. Chair Sarnoff Commissioner Suarez, you're recognized for the record on CA.2. City ofMiami Page 7 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Commissioner Suarez: Is there anyone here presenting on this item, CA.2? Tishria Mindingall: Yes. Good afternoon. I'm Tishria Mindingall, executive secretary for the Civil Service Board. Commissioner Suarez: Yes. My question is we're in the -- my understanding of this issue is that you guys originally budgeted for your fiscal year $28, 807 for your special counsel. Ms. Mindingall: Well -- Commissioner Suarez: And now -- Ms. Mindingall: Actually, we requested the entire amount. We were given 30,800, and so far $28, 000 is what's remaining. Commissioner Suarez: Twenty-eight is what's remaining? Ms. Mindingall: Yes, because the budget year started October 1. Commissioner Suarez: So we've already been -- we're one quarter into the budget -- Ms. Mindingall: That's correct. Commissioner Suarez: -- in essence, and you've only spent $3, 000? Ms. Mindingall: So far, yes. We haven't -- Commissioner Suarez: Okay. Ms. Mindingall: -- received the bill for December so -- Commissioner Suarez: Okay. So why are you asking us for more money? Ms. Mindingall: I'm asking -- up to the 41 ? Commissioner Suarez: Yeah. I mean, in other words -- Ms. Mindingall: Because we anticipate spending that much money. We anticipated spending that much money for the beginning of the year. We just didn't get it. Commissioner Suarez: Okay. Mathematically, it doesn't make any sense to me because we're one quarter in, meaning we're a fourth of the way into the budget year. You've spent 3,000 of your $31, 000 allocated for your attorney. And you're a quarter into the year asking us to increase it from 28,000 to 41,000, which is a -- you know, which is a -- you know, based on your current spending, you're going to spend $12, 000 a year on your outside counsel. Why would you need more money? Ms. Mindingall: No, sir. We can't expect to spend just that amount of money. We spend approximately 2,000 to 2,400 a month. Commissioner Suarez: Okay. So then that would mean you spent $7, 000 in the first quarter, but you've actually only spent 3,100? Ms. Mindingall: Again, we've only received two bills. So at the time that this budget -- City ofMiami Page 8 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Commissioner Suarez: Okay. Ms. Mindingall: -- this amount was looked at at the budget, that's how much is remaining. Commissioner Suarez: Okay. Then if you -- 7,500 -- if it's 7,000 times 4, it's 28,000. That's what you have here allocated, 28,000. Ms. Mindingall: That is correct. Commissioner Suarez: So why would you need another 13,000, is what I am asking you? Ms. Mindingall: Okay. Because if we expect to have the number of hearings that we have scheduled, just regular meetings, that's approximately $26, 000. That is just for counsel at the meetings. It does not include the special meetings that we expect to have for revising our board rules and regulations. We have to have a special meeting for that. If we have appeal hearings, we have to have special meetings for those, and for those special reports, regular reports, investigations that the special counsel has to assist us with and legal research, that accounts for the remainder of the money. Commissioner Suarez: Well, I can tell you that I don't feel very comfortable the first quarter of the year -- and this goes to an issue that I have generally like in terms of the culture of spending in the City ofMiami where we're a quarter into our fiscal year and you're asking us for an additional $13, 000, which is almost twice -- I'm sorry, it's almost a 50 percent increase in your budget when we did a budget three months ago or four months ago, you know, that started October 1. So this is bad on a lot of levels, as far as I am concerned. I know it's not a lot of money in the aggregate, but it's about the culture. It's about the message. We've been sending a lot of messages today here, you know, particularly in reference to outside expenditures. I just don't feel -- I don't feel very comfortable at this point today increasing your budget for this particular line item. Ms. Mindingall: It is not really an increase to the budget. The budget was approved at 30,000, although that was far below what we requested based on the need of the department. In the event that we don't go to the 41, it won't be spent. It's not like it's a person. It -- these are based on the bills that we receive. So if it's not spent, then it won't be spent. We will decide -- Commissioner Suarez: I would prefer that you come and ask us for the money when you need it, not in an anticipation of a potential need half the year later. I just think it sends the wrong signal to everyone in the City. Ms. Mindingall: Well, unfortunately, that would result in us not being able to do some of the goals that we've already set based on our budget. So if that's the way, you know, you feel, then if we have the need, then we'll come back. Commissioner Suarez: That's just my perspective. I'm only one vote. Chair Sarnoff Commissioner Carollo. Vice Chair Carollo: If Commissioner Suarez is -- you know, has some reservation of you know, approving it now, then we just don't vote on it. I mean, I don't think we have to deny -- or do we? I think we just, you know, wait until, you know, she needs it and then comes back. That's my interpretation. But if Commissioner Suarez has issues with it, then I think as -- Commission as a whole, we either need to discuss it or we just need to move on until you actually have the need. City ofMiami Page 9 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Mindingall: I'm trying to ascertain whether or not this resolution has to be approved now. Julie O. Bru (City Attorney): Currently, you have sufficient money budgeted to cover the next few months. You have 28,807 budgeted currently -- Ms. Mindingall: Right. Ms. Bru: -- for the Civil Service Board special counsel, out of which you said you've gotten approximately -- you said, what, 3,000 in bills so far? Ms. Mindingall: Right. But my question is whether or not that item has to be approved. It's my understanding that every year it's approved. The amount of money is a different issue, but I'm talking about the item itself has to be approved in order to -- Ms. Bru: Well, retaining special counsel for the board gets approved in accordance to whatever the engagement letter is, and I'd have to review this particular one, but I believe it does come every year. Ms. Mindingall: Right. Ms. Bru: But the issue of increasing the budgeted amount is one that's an issue of timing, whether or not you feel based on the cases that you know are coming and the work that you know that will be in front of the board this year, whether or not you need to have it done now or -- I mean, I know usually midyear there is some sort of reconciliation of the budget, so -- Chair Sarnoff I don't want to beat this to death, but is this something we could table? If -- and I'm concerned about you because it's an attorney, and I want to make sure that we're not doing anything that we legally need to do for right now. And if you want to look into this during -- Ms. Bru: Really, this is just a budgeting issue. I personally don't control the timing of it. I mean, in September there's a budget that's approved for whatever reason the cost of funding a special counsel for the Civil Service Board which, of course, we have to have independent of my office because they actually represent the board. We prosecute in front of the board. That is budgeted. In the past, it used to come out of the nondepartmental accounts. From time to time, it's come out of you know, other funds. This year -- I don't know since what year, but it's been in the budget of the Civil Service Board. And I guess she didn't receive in September sufficient funds for what she estimates is going to be the work that's required. This is a budgeting issue. Chair Sarnoff So this could come back to us, let's say, in June or in March or some other time? Ms. Bru: Yes, it can. Because currently there isn't -- you have sufficient funds for the work that's to be done within the next couple of months. Chair Sarnoff So why don't we move to defer this until April? Commissioner Suarez: That's fine with me. I mean, I think it's -- Chair Sarnoff First meeting in April? Commissioner Suarez: Definitely. Chair Sarnoff Do I have a motion? Commissioner Suarez: Motion to defer it first week ofApril. City ofMiami Page 10 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Second. Priscilla A. Thompson (City Clerk): The first meeting ofApril will be April 8. Commissioner Suarez: Fine. Chair Sarnoff All right. All in favor, please say "aye." The Commission (Collectively): Aye. CA.3 09-01442 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Parks and RECEIVED NOVEMBER 24, 2009, PURSUANT TO INVITATION FOR BIDS Recreation NO. 191150, FROM TIP TOP ENTERPRISES, INC., FOR TREE AND PALM RELOCATIONS, FROM THE MARLINS STADIUM SITE TO VARIOUS MUNICIPAL PARKS, FOR A SHORT-TERM PERIOD, FOR THE DEPARTMENT OF PARKS AND RECREATION; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 40-B30153J, AWARD 1496, SUNSHINE STATE LOAN, MARLINS STADIUM REDEVELOPMENT PROJECT. 09-01442 Legislation.pdf 09-01442 Summary Form.pdf 09-01442 Letter.pdf 09-01442 Tabulation.pdf 09-01442 Award Sheet.pdf 09-01442 IFB.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-10-0009 Direction by Commissioner Suarez to the City Manager to schedule a meeting with the Commissioner to discuss funding availability for the placement of trees in District 4. Chair Sarnoff CA.3. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: CA.3 is a relocation of various trees from the Orange Bowl site or the Marlins Stadium site -- Pedro G. Hernandez (City Manager): To municipal parks, yes. Vice Chair Carollo: Mr. Manager, who made the decision of where to relocate these trees to? Mr. Hernandez: That is done through the Parks Department and actually our landscape architect. Vice Chair Carollo: Landscape architect? Mr. Hernandez: Mr. Ted Baker. Ted Baker: My name is Ted Baker. I'm the landscape architect for the Department of Parks and Recreation. The decision to relocate the trees and palms was based upon the fact that mitigation City ofMiami Page 11 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 costs, if they were destroyed, would be approximately twice the cost to relocate them. So the decision was made to relocate them. I made the decision on what parks they would go to. There are about 15 parks that are receiving them. In fact, today they're at Kennedy Park installing some. They put some --10 -- 8 or 10 at Bay of Pigs, I think, on Monday, and there are a number of other parks to which they're going as well. Vice Chair Carollo: So you mean to tell me that they already been relocated or they're being relocated without this vote today? Mr. Baker: The bid that came in was $128, 000 to relocate 87 royal palms, Senegal date palms and live oaks. The decision was made to split that bid into two parts to move immediately. There were a number of issues with regard to construction at the Marlins Stadium site. And a number of these frees and palms had to be relocated with due haste. In fact, we ended up losing some of them because they cut them down because they interfered with the progress on construction. So time was of the essence, and for that reason, it was split out, and the Manager approved an initial contract to move trees immediately, those that were in the greatest danger of being lost, and that's what's being done right now. The contract before you is the balance of that original bid of $128, 000. Vice Chair Carollo: So, in essence -- 'cause the only thing that see in front of me is what you all have put before me and the 87 palms or frees that we are discussing. I don't know if there were others or, in the past, if you had to relocate and some were lost and so forth. Now I know that no one came to my office with any urgency whatsoever stating that we had to relocate these trees or they were going to be lost. Mr. Baker: Well, I don't know who you would expect to do that, sir. Vice Chair Carollo: Well -- Mr. Baker: My responsibility as an employee of the City is to protect the City's property. These are property of the City. And if they were not relocated with due haste, many of them would have been lost. In fact, as I mentioned earlier, several were lost. So there was a time issue that had to be addressed. I would be happy to go over with you or your staff the location of all of the trees and palms, if you're concerned about that. Vice Chair Carollo: Well, the issue is not the urgency of removing them and relocating that [sic]. That's not my issue. If it had to be done, you know, in an expeditious manner, then so be it. My issue is, yes, this [sic] are City property, and you know what, I think it's a lack of courtesy of coming at least to my district office and letting me know that frees are going to be relocated. And, as a courtesy, I would expect to at least be asked is there any parks in District 3 that you feel should these trees go to. Mr. Hernandez: Commissioner, ifI may, I think that these decisions were made before the last election. And they were probably working with the prior Commissioner for that district as to trees and locations and parks and so forth. Vice Chair Carollo: Well, that may be so, but didn't see the prior Commission voting on it. I see us voting on it today. So if that's the case, then the previous Commissioner should have voted on this and he's not. Mr. Hernandez: Well, the Commissioner -- Vice Chair Carollo: I'm voting on it. And I see 87 trees, where only 10 out of those 87 --10 are being put a District 3 park. That's less than 11 percent. City ofMiami Page 12 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Baker: How many more would you like have in your parks? Tell me and we'll take care of it. Vice Chair Carollo: Shoot, I wish all of them, if possible. Mr. Baker: Well, that's not possible, but -- Vice Chair Carollo: You know -- Mr. Baker: -- tell me what you would like me to do and we'll do it. Vice Chair Carollo: Well, at the very least, I think we should discuss this. It's not for me to make a decision -- Mr. Baker: Well -- Vice Chair Carollo: -- right at the moment. But the bottom line is, you know -- and again, earlier today, you know, I didn't play the game of oh, you're getting a park and I'm not and this and that. No. I didn't play that game. I mean, the fruth of the matter is they're all city parks, but at the same time, I mean, let's speak about fairness. I have the least amount of parks out of all the districts. I'll go a step further. About -- what was it, in the last meeting or the one prior to that, once they did -- once they built or reconstructed the bridge, there happened to be a landscaping project, and for some reason, that bridge is the boundary in between two districts. However, the landscaping project only went on one side of the bridge and not on my side, you know. And then I requested to see if something could be done in order to get some landscaping on the other side of the bridge -- and all I'm asking is for fairness -- and I received a nice -- which I'm sure you know of Mr. Manager -- letter from -- or it was addressed to you from the Florida Department of Transportation saying that since no design efforts have been initiated for this portion of 12 Avenue nor any funding identified for the implementation, this extension on the other side of the bridge was not feasible. And you know, you asked me -- and you stated, Commissioner, on your side, there's all the cement and all -- and so forth. I said, you know, can't we be innovative? I mean, realistic, can't we put some of these trees in pots? I've been to downtown Miami. It seems like there's a lot of cement there too. However, there was greenery put in there in pots. I've seen cut-outs, where they've planted oak frees and so forth. So, I mean, in all fairness, I cannot be in favor of this when out of 87 frees being relocated, only 10 are going to go to District 3. I mean -- Mr. Hernandez: Commissioner, on 12th Avenue, I hope that you understand that the State, when they do a landscaping project, they do a landscaping project tied to or as a follow-up to a roadway improvement or a bridge improvement. That's why that landscaping project went from 7th Street to the north. I spoke to Mr. Pego, FDOT (Florida Department of Transportation) secretary, about two days ago, and I discussed this matter with him, and he explained exactly what I told you. And I said, Gus, I want to go back, take a look at the section of 12th Avenue south of 7th Street and look at the section and look for opportunities to see how we can improve the appearance of that area. And he says, Pete, that's fine. Take a look at it. We'll take a look at it, and let's see if we can devise a scheme to do planting, and then we'll add a project to our program. And that's how it works. It's not that they -- that there was any intention not to include the section to the south. Vice Chair Carollo: Pete, all I know is the facts. The facts is they did a bridge. On one side of bridge, they're going to do landscaping. On the other side of the bridge, which happens to be in my district, they did absolutely nothing. Mr. Hernandez: No. The prior Commissioner went -- City ofMiami Page 13 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: And now, you know, I'm seeing that not only do we have the least amount of parks, now you're gutting my districts, taking my frees out and planting them everywhere else. I mean, really, Pete, I have a problem with this. And I'll tell you what. As far as taking a drive by there, let's take a drive by downtown Miami, you know, and you're going to see the same cement, except they found -- they used innovative ways to put greenery there. Mr. Hernandez: Commissioner, but that was not within the scope of the FDOT project. I'm quite sure that they are going to try to accommodate and we'll work with them to see if we can do south of 7th Street. Ernest Burkeen: Commissioner, Ernest Burkeen, director of Parks and Recreation. I apologize for the oversight. I respectfully request that you allow us to come to your office to meet with you. We have a number of other frees coming, and we can plan to make sure that you receive the amount of trees that you're looking for. Vice Chair Carollo: Well, what about these 87 that are being relocated? They're still coming out of my district. Glenn Marcos: Commissioner, Glenn Marcos, Purchasing director. Just wanted to inform you - - and I understand that you have issue with the actual specification. Want to go back to what the City Manager was referring to. The actual specification was drafted by our landscape architect, and I do believe that it included feedback at that particular point in time with the prior Commissioner. All of this happened before the election. If you decide -- and you have that prerogative -- that you would want to revisit this, please do note that on page 37 of your backup documentation is the actual specification citing to those parks that the frees will be -- Vice Chair Carollo: I have it. Mr. Marcos: -- relocated to. So if we do revisit that, then the price might change. We can fry to work with the contractor to make sure that there is a change order at no cost, butt wanted for the Commission to be mindful of the fact that if there is any changes, those changes will end up changing the specification here, which might affect the bid pricing. Now, of course, if you want to speak with our landscape architect, along with our Parks and Recreation director, and fry to see if we can accommodate this without any price changes, we'll be more than happy to convene a meeting with your office. Vice Chair Carollo: Listen, I don't see what is the big deal of relocating the tree on one location or another location. So I don't foresee there being much of a price change. Now as far as page 39, which I do have, that's how I was able to find out that only 10 frees out of those 87 are going to be in a District 3 park. And yes, I mean, I am not going to approve this, at least not with this vote. Mr. Burkeen: We have additional frees coming, Commissioner. We have more than enough trees to be able to satisfy your needs, if you would allow us to come and show you and talk to you about this. Vice Chair Carollo: Well, I want to start with these 87. And I'm telling you, I'm not going to vote for this. I am going to start with these 87 and then, you know, once we discuss it and -- you know, if you could please, through the Manager, come to my office, then we can move forward. Butl want to start with these 87, because I don't think that less than 10 percent of the frees are going to come back into my district when we have the least amount of parks. I mean, I'm sorry. I'm sorry. Chair Sarnoff Mr. Burkeen, are you saying that there are going to be more trees coming from the Orange Bowl site as construction progresses? City ofMiami Page 14 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Burkeen: We have other grants. We have about 100 trees coming from Home Depot that we're going to have to relocate throughout the City. It seems to me that out of that 100, that we should be able to find enough frees in Disfrict 3. Chair Sarnoff I think all Home Depot frees should go to District 3. Mr. Burkeen: I'm just saying that there is -- Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Burkeen: -- enough frees that we can -- Vice Chair Carollo: I applaud that. And I -- however, I still want to start with these 87. Chair Sarnoff I hear you. I just thought I'd make that comment -- Vice Chair Carollo: Hey. Chair Sarnoff -- on behalf of -- Mr. Hernandez: Mr. Chairman -- Vice Chair Carollo: Thank you. Mr. Hernandez: -- Commissioners, I think that in looking at the 87 that we have at the Orange Bowl site, we will talk to the contractor, and I don't think that -- if the parks are not too far away, one from another, that as long as the soil condition is probably the same, there shouldn't be an issue on cost to go from a park here to a park in Disfrict 3. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I want my disfrict to be green too and not just on color here on the map. Chair Sarnoff And I want you to know that I actually meant what I said. I think all Home Depot trees should go to your disfrict. I really affectionately mean that for many different reasons. Vice Chair Carollo: No. And I thank you and I appreciate it and, you know, I'm accepting. Chair Sarnoff So, you know, maybe -- obviously, the Home Depot trees are going to be the ones that are going to grow into being -- and I don't know what the cost or the differential would be -- I'm a little embarrassed because I was going to make a suggestion -- I'll make it anyways 'cause I was going to make it. I was going to suggest, Mr. Manager, as a result of the condition of Pan American Boulevard [sic] not looking up to what I think most people would feel very good about their -- we have a beautiful City Hall. We don't seem to have the landscaping attendant to it, other than the most recent landscaping project you've done. I thought it would have been interesting, forgive me, gentlemen, to put 25 of the new royal palms that they're coming from the Orange Bowl site on a diagonal basis coming down Pan American Drive, sort of give it a little more of the majestic look. Because if you do look at our seal behind us, I believe it is a royal palm that's the symbol of the City ofMiami. I was going to suggest that, but I wasn't aware that there was -- I had not plugged my nose into where all these frees were going, and I didn't -- I was not aware of any discrepancies, of park differentiations or anything like that. And I -- you City ofMiami Page 15 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 know -- Vice Chair Carollo: Can we defer this item then until you all meet with my office and we decide and so forth and --? Mr. Hernandez: Commissioner, if you allow me a second. Normally, this is a process that the contractor just doesn't go there and start plucking frees out. They have to do pruning of the trees and the palms. They have to wait a certain period before they take them out. I'm concerned that if we delay, we may be impacting that process of pruning, waiting, and then taking out. I -- Chair Sarnoff Let's do this, Mr. Manager. Let's do this. Let's take a vote. It could be your first test of this Manager as to how he accommodates you on some faith. Give him some faith. I happen to know the Tree Trust Fund is extremely well -endowed right now, and as a last ditch effort, in the event he disappoints you, you have the Home Depot trees coming in. You have the Tree Trust Fund. I will make a commitment to you that as many trees as you think were shorted from your district, that I will vote --I believe Commissioner Suarez is indicating he would vote -- Commissioner Suarez: Yes. Chair Sarnoff -- to make up any difference. But give him the opportunity. You'll find him to be a very equitable and fair-minded man. Mr. Hernandez: If you allow me. I would like to get your approval on the contract so I can initiate the pruning portion. I would come back to you before we do the allocation as to where they're going. But I would like for the contractor to start doing the prep work prior to pulling the trees out of the ground, and then it gives me opportunity to talk to you. Vice Chair Carollo: And I think that's fair. I mean, again, the issue isn't the relocation. The issue isn't losing frees. I mean, I want to preserve as many frees as possible. My issue is where they're going to go. So I don't mind approving as far as the initial process of pruning and so forth and then bring it back to this Commission as far as the relocation. By then we'll have a time to discuss it and so forth. Mr. Hernandez: Right, as far as the distribution, where they're going. Vice Chair Carollo: Exactly. Chair Sarnoff All right. So we have a motion and we have a second. Commissioner Suarez: Yeah. Vice Chair Carollo: Question. The motion would be to accept the confract, but up to what point so they could start pruning? Where -- I don't think it should be the whole amount. Mr. Hernandez: No. Chair Sarnoff Let's do this. A little bit of faith here. Let's approve the confract with the modification that the City Manager closely work with your office for redistribution of the trees. Mr. Hernandez: Yes. Chair Sarnoff If there's going to be a change order, I will vote for that change order 'cause I know it can come from the Tree Trust Fund if we need it to. It would not come from the general fund. I think you'll find that the Manager and his staff will be very fair-minded. And if you're City ofMiami Page 16 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 not satisfied, there's the next Commission meeting. I will allow an item to come before you as a pocket item. If it comes from the Tree Trust Fund and you say I want to get this much more money, I -- you have my support. Commissioner Suarez: Mine as well. And -- mine as well. And I just want to say, Vice Chairman, ifI could for one second -- Vice Chair Carollo: Sure. Commissioner Suarez: -- I love your idea of the royal palms lining the entrance to City Hall. With your permission, because they're coming from your district -- and I think we should -- I would like to have a dialogue with your office, Mr. Manager, with reference to exactly how much funds and -- you know, because in my case, it's not so much park frees as it is trees in the Swale area. You know, we have a free deficiency in our district as a result of many years of hurricanes and it's decimated the Flagami area of trees. So, you know, for us it's not so much the parks as it is in the actual neighborhoods that lack trees. So I think it's healthy to have a conversation so that Vice Chairman Carollo is satisfied, so that I'm satisfied and so we can accomplish some of the beautification efforts that we'd all like to see. Vice Chair Carollo: And before we conclude and we vote, I do want to point out, Mr. Chairman, it's not that I'm trying to be either difficult or thatl don't see the big picture as being one city, 'cause I clearly do. But there has to be some sort of courtesy, respect, you know. Like you mentioning as far as the royal palms and so forth, you know, I'd be flexible to something like that, but at least, you know, let's have dialogue about it. Let me not just, you know, open up some agenda item and see that all these frees -- someone made a decision and I don't even know who -- it's being planted all over the city except District 3. That's my point. Chair Sarnoff All right. So you pretty much have heard the directive. I'm going to ask that this go as modified. Priscilla A. Thompson (City Clerk): I'm showing Vice Chair Carollo as the mover and -- Chair Sarnoff As modified. Ms. Thompson: Okay, but didn't hear a second. Chair Sarnoff Did you hear him say as modified? I thoughtl did. Ms. Thompson: No, no, no. I didn't hear -- Vice Chair Carollo: Yeah, but I'm the maker of the motion. Ms. Thompson: -- a seconder. Commissioner Suarez: I second the motion -- Ms. Thompson: Thank you. Commissioner Suarez: -- as modified. Chair Sarnoff All right. So we have a motion and we have a second. Mr. Manager, I think you heard the -- Mr. Hernandez: Yes. City ofMiami Page 17 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 CA.4 09-01443 Department of General Services Administration Chair Sarnoff -- spirit of this Commission. Mr. Hernandez: And I do appreciate your understanding of the item. We'll go ahead. We'll start doing the pruning process. While there is that wait period between pruning and removing, I'll have the time to go back and look at the distribution and share that with you. Chair Sarnoff And Mr. Burkeen, you will meet with his office and make sure that predominantly the Home Depot frees arrive in his district? Mr. Burkeen: We will meet with the Commissioner. Chair Sarnoff Thank you. All right. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED NOVEMBER 4, 2009, PURSUANT TO INVITATION FOR BIDS NO. 189144, FROM VARIOUS VENDORS, FOR MOTOROLA RADIO PARTS AND ACCESSORIES, CITYWIDE, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01443 Legislation.pdf 09-01443 Summary Form.pdf 09-01443 Award Sheet.pdf 09-01443 Tabulation .pdf 09-01443 IFB.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0006 CA.5 09-01460 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 MEMORANDUM OF AGREEMENT -DISCHARGE PLANNING", AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $340,000, FOR A TWELVE (12) MONTH PERIOD, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, TO PROVIDE EXTENDED OUTREACH, AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEMS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. City ofMiami Page 18 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 09-01460 Legislation.pdf 09-01460 Exhibit.pdf 09-01460 Exhibit 2.pdf 09-01460 Exhibit 3.pdf 09-01460 Exhibit 4.pdf 09-01460 Summary Form.pdf 09-01460 Letter.pdf 09-01460 Memo.pdf 09-01460 Memo 2.pdf 09-01460 Pre Summary Form.pdf 09-01460 Pre Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0007 CA.6 09-01461 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 HOMELESS HOTEL/MOTEL FEEDING AND HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") AGREEMENT", AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $114,666, CONSISTING OF A GRANT AWARD FROM THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE (12) MONTH PERIOD, TO PROVIDE HOTEL/MOTEL ACCOMMODATION TO HOMELESS FAMILIES, STAFFING FOR HMIS, AND FEEDING PROGRAM COORDINATION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT. 09-01461 Legislation.pdf 09-01461 Exhibit.pdf 09-01461 Exhibit 2.pdf 09-01461 Exhibit 3.pdf 09-01461 Exhibit 4.pdf 09-01461 Summary Form.pdf 09-01461 Memo.pdf 09-01461 Letter.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0008 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 City ofMiami Page 19 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 END OF CONSENT AGENDA Chair Sarnoff And I think we are up to the consent agenda items. Are there any Commissioners that wish to pull any of the consent agenda items from their -- to be heard separately? Commissioner Suarez: Yes. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Item number 2, please. Chair Sarnoff All right, 2. Anyone else? Commissioner Carollo. Vice Chair Carollo: Yes, Chairman Sarnoff. If we could pull CA.3. Chair Sarnoff 3? Vice Chair Carollo: Yeah, CA.3. Chair Sarnoff All right. Any other items? All right. So do I have a motion to approve CA.1, CA.4, CA.5, and CA.6? Commissioner Suarez: So moved. Vice Chair Carollo: So moved. Chair Sarnoff Is there a second? Commissioner Suarez: Yes. Chair Sarnoff Any discussion? Hearing none, in all favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 20 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 9:00 A.M. SS.1 09-01431a Department of Public Facilities SPECIALLY SCHEDULED ITEM DISCUSSION ITEM DISCUSSION REGARDING AN UPDATE ON THE STATUS OF THE FLAGSTONE ISLAND GARDENS ("FLAGSTONE") NEGOTIATIONS AND EXTENSION OF USE OF THE AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER") FOR THE DEVELOPMENT AT WATSON ISLAND. 09-01431a Summary Form.pdf 09-01431a Memo.pdf DISCUSSED Chair Sarnoff Madam Clerk, is it okay to go to the supplemental agenda now? Ms. Thompson: Just bringing to your attention you do have some time certains there. I don't know how you want to handle those. Chair Sarnoff What time certain do I have that I would be violative of? Ms. Thompson: Your first one was your SS.1, your special item, update status, Flagstone Island Gardens negotiation. That was scheduled for 9. Chair Sarnoff All right. Let's take that first then. Let's do Flagstone first. Mayor Tomas Reglado: Two minutes? Chair Sarnoff Yeah, sorry. Mr. Mayor, you're recognized for the record. Mayor Regalado: Thank you, Mr. Chairman. And as promised, we're here to offer an update on the Flagstone issue. The Commission had directed the staff to meet with Flagstone regarding an extension in time and the corresponding use payments as consideration for any such extension. Flagstone has indicated that they have been speaking to potential partners and lenders for the marina and that they're attempting to structure a proposal that meets our guidelines for an extension and use payments. Flagstone has indicated yesterday that they will be forwarding their proposal to us on the morning of January 15, that is, tomorrow morning. I just like to remind the Flagstone representatives, and of course, the Administration, that time is of the essence because you all have to decide on January 28 whether you will give them an extension, whether you consider the payments reasonable, or that date to terminate the contract with Flagstone for the Watson Island project. As you know, they have already pay until January 31, but since the Commission is meeting on the 28th, then there is the need to bring this to the Commission. If we do get the proposal tomorrow, you will have it in your office tomorrow afternoon, and so you will have plenty of time to study and make recommendations. And we have Brian May from -- the spokesperson from Flagstone if you want to hear from him. But I just want to know if I'm correct that you still -- Brian May: Yes. Mayor Regalado: -- plan to meet the deadline of tomorrow? Chair Sarnoff Mr. May, you want to say anything for the record? City ofMiami Page 21 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. May: Yes, Mr. Chairman. Thank you. Brian May, offices at 235 Catalonia, in Coral Gables, representing Flagstone. I want to thank the Mayor. I think he has adequately and accurately described what has been happening. We -- you know, the principals have been meeting with lenders, with potential partners and been working diligently around -the -clock to fry to make sure that all of the issues that would be required to be addressed in any extension are adequately identified. And that's the reason we really have not come together with the City. We want to try to identify everything first, make sure that everything is on the table once it's put out there so that we can, you know, work with the City to fry to find a resolution. And you know, we've discussed it before but, you know, we're -- really, the struggle is frying to, you know, find the payment that would be adequate for the City, and at the same time, maintain the finance ability of the project going forward not just for the marina but for the project in its entirety. So we thank you for your consideration, and we look forward to getting something to you very shortly. Thanks. Chair Sarnoff Thank you. Any of the Commissioners have any questions? Vice Chair Carollo: I do. Chair Sarnoff Go ahead. Commissioner Carollo, you're recognized. Vice Chair Carollo: Thank you. I just want to verify for the record, confirm all the back rent has been paid to the City with interest, correct? Mayor Regalado: Yes, sir. Vice Chair Carollo: Okay. Thank you. Mayor Regalado: A check was sent -- or electronically, 501,000 and I think -- 501,000 and change. But, yes, it's payment of all the rents due to the City to January 31, 2010 with interest. Vice Chair Carollo: Okay. Thank you. I just wanted to place it on the record and confirm that we had received our monies. Thank you. Chair Sarnoff Thank you, Mr. Mayor. I think we've been apprised, and I think we have some decisions we're going to have to make hopefully before January 28, and I hope we'll be in consultation with your office as to your recommendations and any ideas you may have. Mayor Regalado: Thank you, sir. END OF SPECIALLY SCHEDULED ITEM City ofMiami Page 22 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 PH.1 09-01446 Department of Parks and Recreation Votes: PUBLIC HEARINGS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AFTER A DULY NOTICED PUBLIC HEARING, APPROVING AN AMENDMENT TO THE ORIGINAL SCOPE OF WORK FOR THE AFRICAN SQUARE PARK PROJECT (THE "ORIGINAL PROJECT"), AS ADOPTED ON JULY 16, 1996, BY THE MIAMI-DADE COUNTY SAFE NEIGHBORHOOD PARKS BOND ORDINANCE NO. 96-115, THEREBY DELETING RENOVATIONS TO THE AMPHITHEATRE, AND IMPROVEMENTS TO THE PLAYING FIELD, AND INSTEAD, PROVIDING FOR THE ADDITION OF NEW LINOLEUM FLOORING TO THE AFRICAN SQUARE PARK RECREATION CENTER, PROVIDING FOR THE CONSTRUCTION AND INSTALLATION OF A NEW PLAYGROUND AND A NEW TOT LOT, AND PROVIDING FOR THE INSTALLATION OF SITE FURNISHINGS THROUGHOUT THE PARK (THE "AMENDED PROJECT"); AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A REVISED GRANT APPLICATION TO MIAMI-DADE COUNTY FOR SAID CHANGES IN THE ORIGINAL PROJECT, TO EXECUTE ANY RELATED GRANT AMENDMENT, AND TO ACCEPT ANY REVISED RELATED GRANT FUNDING RECEIVED FROM MIAMI-DADE COUNTY FOR THE AMENDED PROJECT; DIRECTING THE CITY MANAGER TO OPERATE AND TO MAINTAIN SAID AMENDED PROJECT UPON ITS COMPLETION. 09-01446 Legislation.pdf 09-01446 Exhibit.pdf 09-01446 Exhibit 2.pdf 09-01446 Exhibit 3.pdf 09-01446 Exhibit 4.pdf 09-01446 Exhibit 5.pdf 09-01446 Exhibit 6.pdf 09-01446 Exhibit 7.pdf 09-01446 Exhibit 8.pdf 09-01446 Exhibit 9.pdf 09-01446 Exhibit 10.pdf 09-01446 Exhibit 11.pdf 09-01446 Exhibit 12.pdf 09-01446 Exhibit 13.pdf 09-01446 Exhibit 14.pdf 09-01446 Exhibit 15.pdf 09-01446 Exhibit 16.pdf 09-01446 Exhibit 17.pdf 09-01446 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0010 Chair Sarnoff All right, gentlemen, PH.1. City ofMiami Page 23 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: I'm sorry, Mr. Chair. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. Vice Chair Carollo: I'm sorry. What's the agenda item? Chair Sarnoff Aren't we on the PHs (Public Hearings) now, Madam Clerk? Is that --? Vice Chair Carollo: That was the CA (Consent Agenda). That was the CA. Chair Sarnoff The CAs are done. Vice Chair Carollo: Yes. Priscilla A. Thompson (City Clerk): Yes. Chair Sarnoff We're now at the -- Mr. Burkeen: PH -- Chair Sarnoff -- we have one last -- one public hearing item left, correct? Ms. Thompson: That's correct. Chair Sarnoff Okay. Mr. Burkeen: It's a resolution of the Commission approving the amendment to the original scope of work for the African Square Park project, adopted July 16, 1996 by the Miami -Dade County Safe Neighborhood Parks Bond ordinance. Chair Sarnoff All right. Do we have a motion? Yeah, it'll be a -- let's get a motion -- Commissioner Suarez: I move. Chair Sarnoff -- and we'll get a second. All right. Vice Chair Carollo: Second. Chair Sarnoff All right, we have a motion and a second. It is a public hearing. We are on PH.1. It is a Safe Neighborhood bond, ordinance number 95 -- 96-15 [sic], for renovations for the amphitheater. Is there anyone from the public wishing to be heard on PH 1 ? Yes, sir, you're recognized for the record. Paul Mann: Good afternoon. Paul Mann, at 1665 Southwest 23rd Street, Miami. Before saying a few words on PH 1, I'd just like to take a moment to offer an apology for an e-mail (electronic) that I wrote as a PAB (Planning Advisory Board) member concerning African Square Park. It was about the vote that this Commission took at first reading, which I misconstrued. I just wanted to set the record straight that on reviewing your vote and the proceedings that day, you did in fact preserve a zero net loss condition for the parks in this City, and I'd like to apologize for the email and the misunderstanding that I was under. As for -- I think it was a fair vote, and it preserved balance between the City's need for affordable housing and preservation of park spaces. So as for PH 1, just like to say that any funds spent on upgrading parks are funds well spent. Thanks very much. City ofMiami Page 24 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 9:00 A.M. PH.2 09-01355 Department of Community Development Chair Sarnoff Thank you, Mr. Mann. All right. Public hearing is open. Public hearing is now closed, coming back to the Commission. Any further discussion, gentlemen, PH 1 ? Hearing known, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, PH-- we got PH.2 done. A sign language interpreter translated discussion of Items PH.2 - PH3. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE MODIFICATION OF THE AFFORDABLE 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. 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 09-01355-E-mail-City Manager -Affordable Housing Guidelines.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-10-0001 Chair Sarnoff All right. So let's -- what are the other time certains? Madam City Attorney, ifI don't do the PH 2s and 3s, am I -- is there a person here who's translating that I'm going to be using their services for a longer period of time? Priscilla A. Thompson (City Clerk): Yes. Your translator is already here. They reported at 9 o'clock, as was listed for your time certain. Chair Sarnoff All right. Let's take up then PH.2 in the regular agenda so I don't go over budget. You're recognized for the record. George Mensah: Good morning. George Mensah, director of Community Development. Mr. Chair, PH.2 is accepting the modification of the Affordable Housing Trust Fund guidelines, as specified in Exhibit "A," attached. And this is just a clarification of the -- some language in the programs. Chair Sarnoff All right. Is there a motion? Vice Chair Carollo: Yes. Move. Chair Sarnoff Is there --? Commissioner Suarez: Second. City ofMiami Page 25 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 PH.3 09-01447 Department of Community Development Votes: Chair Sarnoff All right, motion and a second. Any discussion, gentlemen? All right. Hearing no discussion, all in favor of PH.2, please say "aye." The Commission (Collectively): Aye. Mariano Cruz: Public hearing. Chair Sarnoff Oh, you're right. Public hearing. I apologize. You're right. I apologize. This is a public hearing. Anybody from the public wishing to be heard on PH.2 in the regular agenda, that is the accepting the modification of the Affordable Housing Trust guidelines? All right. Public hearing is opened. Public hearing is closed. Madam Clerk, can we stay with that vote? Ms. Thompson: Yes. But I have one question ofMr. Mensah, please. Sir, just trying to make sure that there is no substitute item or modification to this resolution. Mr. Mensah: No. There is no substitute item. Ms. Thompson: Thank you. Thank you, Chair. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $60,000, FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT PROGRAM INCOME; ALLOCATING SAID FUNDS, TO ACTION COMMUNITY CENTER, INC., AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES TO PROVIDE TRANSPORTATION SERVICES TO LOW TO MODERATE INCOME ELDERLY INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 09-01447 Exhibit.pdf 09-01447 Exhibit 2.pdf 09-01447 Exhibit 3.pdf 09-01447 Summary Form.pdf 09-01447 Public Notice.pdf 09-01447 Letter.pdf 09-01447 Program Narrative.pdf 09-01447-Submittal-Action Community Center.pdf 09-01447 Legislation 1-28-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item PH.3 was deferred to the Commission meeting currently scheduled for January 28, 2010. Chair Sarnoff All right, PH.3, gentlemen. George Mensah (Director, Community Development): Mr. Chair -- City ofMiami Page 26 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff You're recognized for the record, Mr. Mensah. Mr. Mensah: PH 3 is a resolution authorizing the transfer of CDBG (Community Development Block Grant) funds, in the amount of $60, 000, to Action Community Center for the provision of transportation services to low- and moderate -income families. Chair Sarnoff Is there a motion? Vice Chair Carollo: Yeah. I make a motion, butt would like to discuss it. Chair Sarnoff All right. Commissioner Suarez: I'll second the motion. Chair Sarnoff All right. We have a motion and a second for discussion. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: Thank you. I received the cost allocation we spoke about yesterday, somewhat late in the afternoon by the time you sent it, and I looked at it and so forth. Is the owners ofAccion or the individuals in charge ofAccion present 'cause I will have questions? And one question would be if we defer this item 'til the 28th, what would be the ramifications? There's questions that need answered and so forth that will like to see, if possible. Mr. Mensah: They just came in. Vice Chair Carollo: Fine. Maria del Pilar Albo: It's my item now? Good morning. Vice Chair Carollo: Good morning. Ms. Del PilarAlbo: My name is Maria del PilarAlbo, 2900 Southwest 4th Avenue, Miami, Florida 33129. I'm here in behalf ofAccion Community Center. This organization have (UNINTELLIGIBLE) 40 year, and we serve the community, the City ofMiami, with transportation services for the elderly and handicap person resident in the City ofMiami. And I'm here, I believe so, for $60, 000. I have a letter with the whole information maybe you need and what really I need to September 30 to this year, because we don't have enough money from this fiscal year to finish our service to September 30 this year. And I need additional fund and I - - you have all the information you need there. Vice Chair Carollo: I see here auditing services, and I've looked at some of your financials for auditing services. Have you presented to the Commission an audited financial statement? Ms. Del PilarAlbo: You need -- Vice Chair Carollo: And here's one of my concerns. I have various concerns, but here's one of my concerns. Ms. Del PilarAlbo: Okay. Vice Chair Carollo: One of my concerns is that we appropriate the $60, 000, and within two or three months, you're out of business. So I want to see if there are audited financial statements, if there's a going concern. In other words, a concern of you all being able to continue being in operation. I know andl believe the Mayor's office wants to help out. Andl believe County Commissioner Bruno Barreiro is also willing to help out, so I understand that you may be City ofMiami Page 27 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 receiving some fundings [sic], but I'm just concerned -- is there a going concern? So I see here that some of your expenses are for auditing services, so I have not seen any audited financial statements, you know, indicating whether there's a going concern or not. So can you address that? Ms. Del PilarAlbo: Okay. Let me say that during all these years, we start this program with $10, 000 40 years ago. And every year we have more money when we start with the federal revenue sharing money and then is coming CDBG and start with the CDBG, we have 12 drivers in that time. When start little by little, we have 12 drivers maybe around the '80s, and I have all these big -- organization are bigger because -- and I have a lot of -- 750,000 one-way trips per year in those years. And then in the '90s, in the end of the '90s -- no, in the 2000, we start with the program with the funding, but still I have less (UNINTELLIGIBLE) the state money. I have some money from Dade County less than I have, butt have. And City ofMiami was the always big -- we have the big budget is from the City ofMiami, because this program start here in this city, and we have the first money from the City ofMiami. And he one -- he [sic] was one of the first fransportation -- the first fransportation program in the City ofMiami in those years. And I believe ifI sacrifice in last year with no money, with nothing, and the only -- Mayor Regalado are [sic] the only one from last year to help us with a little money, 25 -- 22 from his office, 8,544 to match the money with the state, and I believe if your people help Action, we are continuing for a long time, because I provide transportation to the hot meal programs, to shopping, to doctor, to hospital, to cancer rehabilitation with everything (UNINTELLIGIBLE) transportation need for elderly and for the handicap in this community. Vice Chair Carollo: I understand. And thank you for your statements. And that's actually my second part of the issue. But still -- and I understand it's been an organization -- and I'm taking your word for it -- 40 years. However, I usually like to have something in writing. In other words, like a financial statement. Ms. Del PilarAlbo: Oh, yes. We have. Vice Chair Carollo: If you're actually paying -- and I see here an expense for auditing services. That means you have some type of financial statement. And I would like to see, you know, them, you know, in writing saying you don't have an issue with a going concern. I mean, there -- it appears like you're going to be existence [sic]. So that's one of my issues. I see here from the cost allocation -- again, I received this late yesterday afternoon. It seems like the way you're planning on funding your organization is through various needs. I see the Community Development, 60,000. I see Commissioner -- which I believe is Mayor Regalado now, 25,000. And this is how you're coming up to a total of 221, 000. And that's -- I'm just going by what was sent to me yesterday from Mr. Mensah. It appears like your total fundings [sic] would be 221,000 and you've allocated from what funding sources you'll be receiving this. I will like to just make sure that these funding sources are going to come through so that the gist -- I don't want to throw good money after something that may, you know, not happen. So that's -- you know, that's my concern. That's my first concern. Ms. Del PilarAlbo: Okay. I can send it to you the -- Vice Chair Carollo: Audited financial statement. Ms. Del Pilar Albo: Exactly, the audited financing. And don't forget that since last year -- since May 9 Action are working with the minimum money, and Mayor Regalado know that, that we don't have. Vice Chair Carollo: IfMayor Regalado could provide the financial statements, I'd be a little bit more comfortable though. City ofMiami Page 28 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Del PilarAlbo: But -- and I provide services everyday. I provide the services. Vice Chair Carollo: No, I understand. And that's my second issue. My second is one of accountability. Unfortunately, today I see in the front page of the local newspaper here, the Miami Herald, about STS (Special Transportation Services) drivers accused offaking trips. Now I definitely am not suggesting that you are committing any types of fraud or so forth. But I just see this, and it goes right to the point that I had. I'm sure they have a lot of requirements as far as when to do a pickup and when not and so forth. I just want to make sure the accountability -- I requested a list of the individuals that you all pick up, where do you take them and so forth. I received a rather large list, from A to Z, not in a CD (Compact Disc), just on paper, and it seemed like a list of possibly, over the 40 years, individuals that you have picked up or not. I didn't want -- and again, I received it late yesterday. I didn't want to go into any type of audit as far as calling some of these people and see when was the last time that you received these services or not, but you know, I have concerns as far as the accountability. Who are these individuals that you're picking them up? What are the requirements? What's the, I guess, flow of the business organization? Do they call you? Does any -- can anybody call you? Is it documented and so forth? Because if anyone can just pickup the phone and call you and you take them here and there, this is unsustainable. So that's my concern. That's my second concern as far as the accountability. Mayor Regalado: Mr. Chairman, ifI may. Vice Chair Carollo: Sure. Mayor Regalado: If -- Mr. Vice Chairman. Just brief history. Several years ago we were able, at the Commission level, to use the half -a -penny fransportation money to support Accion. At that time, I think that we provided like $300, 000, and it was plus what the County did. Then someone in the City, someone in the County -- don't know -- said, well, you can't use that money because you don't have established route. Commissioner Bruno Barreiro is working, and I think that the resolution is coming up to the Board of County Commissioners in the next three or four weeks on a resolution that would allow the fransportation money to be used to finance Accion. And there will be some guidelines that they would have to follow in terms of making stops during the routes and all that. But I think if we can achieve that, it is possible that we can have Accion functioning without even no need for CDBG funding, if we can get that resolution passed at the County level. Vice Chair Carollo: I actually spoke to Commissioner Barreiro in the County and addressed the same issue that you just made. It appears that it has to go to the State in order to have a state law passed as far as whether they can do the pickups and so forth. My question is, if we defer this two weeks, to the January 28 meeting, would you object to that? I mean, is it possible -- would you still be able to run until the January 28 meeting? Are you in dire need --? I know for a fact that -- Ms. Del PilarAlbo: Yes, of course. Vice Chair Carollo: Yes, that you -- we can defer to the January 28 meeting? Ms. Del PilarAlbo: No. Well, for the money? Vice Chair Carollo: Yes. Ms. Del PilarAlbo: We need it. We need the -- Rosemary Oxenberg: Let me identify myself. My name is Rosemary Oxenberg, and I am her assistant, and I am at 2025 Brickell Avenue, Unit 901. I wanted to address some of the things that you asked her previously. In the documents that were presented to you, in the third City ofMiami Page 29 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 paragraph it explains what type of service Action provides. It's transportation typically provided that uses mini buses, which requires advance reservations, and offers pickup and drop-off transportation door-to-door. The program has charged a per -- a rate per travel, meaning in one direction or the other. Also, to answer your question -- your last question is that no, Action could not pass up on trying to acquire the $60, 000 that it's requested for today, but that we can discuss on the 28th the 220 to continue to September 31 -- or 30th. Vice Chair Carollo: But that's exactly my point. Ms. Oxenberg: Yeah. Vice Chair Carollo: My point is -- that's exactly my point. Ms. Oxenberg: Yeah. Vice Chair Carollo: I mean -- is -- Ms. Oxenberg: And I want to -- Vice Chair Carollo: Are we going to have to fully fund this whole thing? Ms. Oxenberg: Yes. We're looking to be -- The program is looking to be funded to continue its transportation services 'til September 30. And also, I want to mention to you that not only has Action acted out of no budget, but it has provided service without paying its employee so that the service does not go interrupted and so the elderly are serviced. And this is an ongoing issue in our city because as the rate of elderly will become unable to transport themselves post the baby boomer era, which is looking to be increased, yes, we need this service in our city, and we are responsible to provide for our elderly. Vice Chair Carollo: How come I haven't been able to receive a list of current individuals that have used the services? Ms. Oxenberg: Well, unfortunately, given that the budget restraints that have occurred, because there is no budget at this moment, there have been some malfunctions with the equipment, and we have already ordered that to be repaired, and we are counting on the ability to be able to have what we need to print out the rest of that list. And we have no problem with that or with auditing or any other thing. As a matter of fact, we are looking forward to be able to welcome the new members of Commission to come to the office and to further look and to get to know what Action Community Service offers and has provided over many years. Now, we count -- and I want to make this very clear -- on your support to be able to continue to provide this service to the elderly who need it, and it is your wisdom that we're looking for here. Vice Chair Carollo: Well, I just want some accountability behind it. I mean, let me tell you something. Ms. Oxenberg: Yes. We are not opposed to accountability. We have openly said that we would be more than happy to provide that. But at this moment, we're looking to be able to acquire those $60, 000 to continue and then we can discuss, if you like on the 28th, the 220 to work up to September 30. Vice Chair Carollo: Now -- hold on, 'cause you keep mentioning discussing the 220, which means to me you're going to come and ask us for more money, which has me a little concerned. You've identified here various funding sources. Now, it's my understanding the funding sources are the Alliance for A, which I believe is the Alliance for Aging. City ofMiami Page 30 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Oxenberg: Yes. Ms. Del PilarAlbo: Yes. Vice Chair Carollo: Is that correct? Ms. Oxenberg: Yes. Ms. Del PilarAlbo: Yes. Vice Chair Carollo: Two -- so 68 plus 28, approximately 96,000. Ms. Oxenberg: Yes. Vice Chair Carollo: You've identified Mayor Regalado for 25,000. Ms. Oxenberg: Yes. Vice Chair Carollo: And then I don't know what OCED (Office of Community and Economic Development) means. Ms. Del PilarAlbo: This is Miami -Dade County. This is from the general funds. We have three amounts in different -- Vice Chair Carollo: OfMiami-Dade County? Ms. Del PilarAlbo: That's right. Vice Chair Carollo: So when -- Ms. Del PilarAlbo: Three amounts. Vice Chair Carollo: -- she continues to say she's going to be coming back in January 28 for the remainder 220 some thousand, you know, you're actually -- you're scaring me a little bit, because it seems to me like the funding for you all to be able to operate has already been established. At least that's what's been presented to me. Ms. Oxenberg: We are only -- we -- the 220,000 will only maintain the program 'til September 30 as is stated. This is our request at this moment. Please bear in mind, as Mrs. Albo has said, that we have not received any funding throughout last year and we have barely been stringing ourselves along to continue uninterrupted service as a commitment to the elderly community. Vice Chair Carollo: Okay. Ms. Oxenberg: Two hundred and twenty thousand is what would carry us over 'til September 30. And then at the end of that part of the year, then we would return here and discuss further funding, as we have throughout the years. Vice Chair Carollo: In September of 2010? Ms. Oxenberg: Correct. Vice Chair Carollo: Mayor Regalado, I just want to verify with you. I see here that you're placed for 25,000. That's correct? You have the funds? City ofMiami Page 31 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Unidentified Speaker: Yes. Vice Chair Carollo: I spoke to Commissioner Barreiro, and I know he wants to also help you all and so forth. So it appears to me -- and he didn't give me an assurance that it will be there, but it appears to me that he's going to really push for these additional funds. So then the only other is the Alliance for Aging and, you know -- And again, I'm just trying to establish that there isn't a going concern need. Ms. Oxenberg: And I want to make mention to you that we did apply for -- to the Alliance of [sic]Aging this past year. We put together a very extensive project for them and later, after it was approved, it was further declined for whatever reason. So we, at this point, are looking more so to be able to help the elderly in our community who are the ones that really need this service. Vice Chair Carollo: I understand. And I can tell you, as I told Commission Barreiro and, you know, I'll mention it in the public, we have a need in our community as far as transportation services. Ms. Oxenberg: Yes. Vice Chair Carollo: Now, I am not comfortable, as of yet, that you are addressing that need, and I'm being wholeheartedly honest. I know the service you provide, but I still don't know from what I've seen -- I haven't looked at your operations, I haven't gone -- I haven't had a site, you know, visit. I haven't looked at your financials, you know, to a great extent or anything. I don't know who you service. You have provided me no information of the people that you service. You gave me a list this thick from A to Z. And I guarantee you, ifI do a little bit of an audit, I just start calling some of those people and ask 'em [sic] when was the last time thatAccion picked you up, I have a feeling some of those people may either (a) not be with us anymore -- in other words, have passed away, or maybe -- Ms. Oxenberg: Sure. Vice Chair Carollo: -- you know, have not used your services for many years so -- Ms. Oxenberg: Well, that's absolutely correct. And that's exactly how this program functions, because there are elderlies that become deceased or elderlies that sometimes are confined to their homes or a hospital. But at the same token, by the way that we lose, we also gain. Because as each year goes by, we gain new elderlies that -- and handicaps and disabled members who need of our service. So absolutely. Vice Chair Carollo: Right, but you're missing my point. My point is, who are these people? This year, who are the people that needed the service? Who did you actually go out, pick up and take to this location or that location? We don't -- Ms. Del PilarAlbo: Yes. I have the people, the name, the address, the telephone number, the social security number, all of the information you need, and I can send you all the people we are serving this year to today. Vice Chair Carollo: Okay. Ms. Del PilarAlbo: I can give it to you. Vice Chair Carollo: I really would like to see that, because I'm not arguing that there's not a need. There is a need. I'm telling you, I see it, I've spoken to them. There is a need for transportation, especially in my district, in Little Havana, there is a need. However, I'm still not City ofMiami Page 32 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 comfortable that you are addressing the need. And I -- Ms. Oxenberg: Well -- Vice Chair Carollo: -- just want to make sure that the people that actually need the transportation and so forth are able to use your services and have been using your services. Ms. Oxenberg: --I would like to -- Vice Chair Carollo: That's one of my main concerns. Ms. Oxenberg: -- propose two things. One is that I would like to extend an open invitation to all the members of the Commission in the City to come to our office on a designated date that works for everyone. And the second thing is that I would like to work with you particularly if that is something that you feel is not being addressed so that we can address it. And we are certain that we are meeting those needs as required by both the City and the County and all to the others that we need to comply with. And if we can agree on that, then I think we should move forward to have a much better year this year than we did last year. Vice Chair Carollo: Okay. With that said -- I mean, yes. I will tell you, I would like that. Ms. Oxenberg: Absolutely. Vice Chair Carollo: The only thing is -- and I guess, from what you've told me, we -- you know, you don't -- it appears like you cannot afford to defer this. The only thing I would like is to have the site visit and to have all the information in front of me before actually giving up the money. That's what I prefer. However, it appears like that may not be possible. And, you know, what you're asking is for us to give you $60, 000, and then you do all the follow-up, which I'm not 100 percent, you know, happy with, but I'll see what else my colleagues think. Ms. Oxenberg: Well, we have 40 years of experience doing this service, and I think that should at least count for a little something. Vice Chair Carollo: No, of course. It definitely does. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: I think it's -- I think Vice Chairman Carollo's concerns are very well-founded, and I share the same concerns. I think it's important to know -- and Mr. Mensah maybe can speak to this -- that the money that we would be allocating, whether we allocate it today or whether we allocate it in the next two weeks, is program income. And I think you may want to put on the record what that is so that people can understand where the money's coming from. With reference to our decisions on the finances of the City and the money that flows through the City, I think we have a responsibility to the citizens of the City ofMiami and to all the interested parties to make good decisions. And so I think shedding a little bit of light on what program income is, I think, would be helpful for the record. Mr. Mensah: This is CDBG funding. And in the past, when the City provide CDBG assistance to businesses and individuals, it's provided as a loan and this loan gets repaid on an annual basis. So at the end of the year, we're able to find out exactly how much of those CDBG funds has been repaid. And because this category of service is classified as public service, the regulations says that we have to use up to 15 percent of our annual allocation for public service. Now that 15 percent of annual allocation has already been allocated in a June meeting, but the regulation also allows you to use 15 percent of the prior year's program income for public service. So this $60, 000 is coming from programming (UNINTELLIGIBLE) we received last City ofMiami Page 33 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 year and 15 percent of that gives us the ability to provide this particular service to them. And to address Commissioner Carollo's question in terms of making sure that people that is -- one thing that we do and we are required to do by regulation is to ensure that everyone that we register and certify, we collect their social security numbers, we collect their I.D. (Identification) cards and those things. And we also have quality control in place where we call -- we do call individuals to -- and we do that for our feed -- elderly feeding programs to ensure that those services are also being rendered. So we have that built in as part of our program and so we do ensure that. We -- like I said in our briefing, we didn't manage this -- we haven't managed this contract for the last four, five years. This will be the first time that we'll be managing it, and so that will be in place for the use of those funds. Vice Chair Carollo: When was the last time you --? Chair Sarnoff Wait, wait, wait. Let's just make sure Commissioner Suarez is -- Vice Chair Carollo: Sorry. Chair Sarnoff That's all right. Commissioner Suarez: No. That's fine. Chair Sarnoff You have any follow-ups to that? We'll come back to you. I just want to make sure your question was answered. Commissioner Suarez: My question was answered, yeah. Chair Sarnoff All right, Commissioner Carollo. Vice Chair Carollo: Yeah. I apologize. I guess he addressed Commissioner Suarez's issue and then mine so -- When was the last time that you made some phone calls to these people and verified when their --? Mr. Mensah: We haven't managed this contract in the last five years. I know that the only time - Vice Chair Carollo: So in the last five years, you've made no phone calls? Mr. Mensah: No, no. Vice Chair Carollo: You've -- no nothing, right? Mr. Mensah: Because we don't manage the contract, no. Vice Chair Carollo: So realistically, you have the authority, but you've never done any phone calls or any follow-ups or anything? Mr. Mensah: Because we haven't managed the contract. Vice Chair Carollo: Okay. So, if you haven't managed the contract, who's managing the contract? Mr. Mensah: The contract was being managed by the transportation unit, and Ms. Lilia is here to answer. Lilia Medina: Commissioners, Lilia Medina, from the Office of Transportation. Last year -- the City ofMiami Page 34 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 last fiscal year, there was $200, 000 funded through the Mayor's Poverty Initiative. I was able to look at the reporting from Action. They submitted on a monthly basis the listing of all the services and rides. They also did a invoicing with exact original documentation of all their receipts from gases, from all the electrical, all their payments, et cetera. The last time I approved an invoice was in May of 2009. So that's as far as we go as far as reporting. Vice Chair Carollo: Right. But I could see where, you know, you drive around and so forth, you're going to have gas expenses and so forth, and you obtain those receipts. But my question is the gas used and so forth, which they're expensing to you, they're giving you the receipts, what was that used for? Is there any documentation who they picked up, the listing of the individuals and so forth? I have requested it and I have not received it. And by the way -- and Mr. Mensah, you know, correct me ifI am wrong. A few weeks ago -- a couple months ago, before the other meetings, I was the one who told Mr. Mensah there is a great need for public transportation or for any transportation in my district. I was the one who told him and I inquired about that 15 percent, and I told him we need to push because, I'm telling you, there's a need. So again, it's not that I'm anti -transportation and so forth. I know there's a need. My thing is and my issue is, I want to make sure that it is addressed, and especially if public money is going out to an organization, I want to make sure there's accountability. So with that said, I believe you were going to answer? No? Ms. Medina: Well, the question as far as specific names -- Vice Chair Carollo: Right. Ms. Medina: -- number of trips by destination, those reports I do have, and I have received them on a monthly basis. Again, the issue is that because of the budget shortfalls, we don't have any reporting after May, so some of the -- May of 2009. And so that is definitely a question -- Vice Chair Carollo: Right. Ms. Medina: -- but I believe that Action Community Center can provide that report. Ms. Del PilarAlbo: Yes, we can. Yes, we can provide it. Chair Sarnoff Commissioners, can I make a comment? Vice Chair Carollo: Sure. Chair Sarnoff I think we're all in agreement that -- I know there's a public hearing to be opened, Mariano. I will open it, I promise. I think we're all in agreement there is a need to transport the elderly to their necessary places they need to go, whether it's doctors, food, et cetera. The question you ask is, isAccion doing so in a smooth, efficient, responsible manner, and that's where Commissioner Carollo is having difficulty. And to be quite frank with you, I am as well. Because last year, as we heard the reductions and the reductions, what we heard was happening was that drivers, their core business, were being let go, but their administrative personnel continued to stay at the same salary levels that they were receiving last year. For instance, the executive director at one time was making $73, 000. Now that is a significant salary, and then those below her. So the question we're asking today is not is there a need. We know there is a need. The question we're asking, are they fulfilling that need responsibly with taxpayer dollars? And I'm not prepared to vote for this 'cause my understanding is I have heard they're coming back for 220,000 more dollars. I have equally heard -- or I should ask you -- I've been briefed; I suspect the other Commissioners have. The $60, 000 we're paying today pays their shortfall from October. So from October 2009, they have not been paying their bills. This will only pay up until December 31, 2009. So what we're doing is we are merely making them whole as of 12 days ago. And the question is, as a core service, what they do, are they doing it City ofMiami Page 35 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 well? And do we provide a Cadillac service so that when an elderly person calls and says I want to go to the doctor and a van shows up there and one person gets in that van, is that the way that we, with the limited resources we have in the City ofMiami, want to operate for that person, or can we do that? We're providing a Cadillac service, but certainly we have a Chevrolet pocketbook, and I suggest to you it may head towards a Kia very shortly. And do we need to fulfill this service or fulfill this need either with a different agency or an agency that tailors itself significantly different, much less on the administrative end and much more on the line function end of fulfilling these services? Do we demand of them that doctors' appointments must be made with three or more persons getting in a van that can hold 11 and 12 people? Do we demand of them that they get a car? For instance, if you're only going transport three people, you do so more efficiently in a car that gets 35 miles to the gallon versus a van that gets 8 miles to the gallon. If we don't start demanding of our contract services more efficiency, we're going to continue bleeding as a city. And I don't care where the money comes from, whether it's program funding, CDBG, EFIG (Education Finance Incentive Grants). It doesn't matter what alphabet you put on it. This is taxpayer money. And I say this to you and I say it again. Continuously I ask, how much do the top three people get paid? And then you ask the all end, 'cause it's not just their salary. It is their cell phone allowance. It is their health insurance. It is their pension plans. You cannot keep administrative personnel when you're cutting your line function personnel. It means either you're not running your business efficiently or you don't know how to run a business, and I think those are the questions you're asking. Vice Chair Carollo: That's exactly what I'm asking. Now, I feel like we are in a tough situation. I'll tell you why, Chairman Sarnoff. Let's say we don't approve this $60, 000. And I've already, you know, went on the record stating my concerns and so forth. Let's say we don't approve these $60, 000. Now what? There's still a need. It seems like from what they've told me, they will not be able to continue to function, and there's still a need out there. I don't know how to address that need, and at the same time, I know there are commitments from Mayor Regalado, which I've asked him directly, he said yes, from Commissioner Barreiro and the County and so forth to continue to help them in order to see if they can establish and keep afloat. So that's whatl'm looking at. Now, that we again address this issue after we do the visit, after you provide audited financial statements -- As a matter offact, there's an expense here for accounting services that saw, or an accountant, so you should be able to continuously, you know, provide these [sic] information to us 'cause apparently from -- I forgot where it list -- what line item, you're paying an accountant. Ms. DelPilarAlbo: CPA (Certified Public Accountant), yes. Vice Chair Carollo: Okay. So as far as the documentation for the visits and so forth, it should be there. The accountability should be there. So that's what I'm struggling with, Chairman, because let's say we don't approve the 60,000. Now what? What happens then? Do they actually go bankrupt? I mean, do they, you know -- Chair Sarnoff Well, the question -- Vice Chair Carollo: -- do they --? And if that's the case, you know, (UNINTELLIGIBLE) an organization -- and we all know we're all having tough times -- that -- and I haven't checked it, but, you know, you're telling me 40 years, you know, I'm taking your word as face value. What happens then? Especially -- in other words, they're crying help. They're crying help us. There's other individuals outside from the City that are saying, hey, we will be there, you know, but it all has to be together. In other words, the City has to put its part, the Mayor, the County and so forth. So that's whatl'm grappling with. Chair Sarnoff Well -- Vice Chair Carollo: Because if we don't approve it, they may just go under, there's still a need City ofMiami Page 36 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 and -- Chair Sarnoff -- that need -- the question I'd ask then, CDBG, could that need be fulfilled with somebody who could do so --? 'Cause remember, this $60, 000 does not put them in business, it just keeps them -- Vice Chair Carollo: Afloat. Chair Sarnoff --12 days away -- well, they're actually 12 days in arrear as we speak. We know they're coming requesting another, that I heard on this dais, $220, 000. What you're saying to me is, let's put a patch on the gas tank that is leaking, but let's continue to allow the gas tank to leak. And I'm suggesting to you, maybe we go to CDBG [sic] and we say let's buy a new car. Let's figure out a more efficient way of running these services. Nobody is suggesting that this need doesn't exist. What I am suggesting is maybe the business model under which they operate is not a good use of taxpayer funds. Vice Chair Carollo: I hear you loud and clear and that's why I requested all this information. And it's my understanding they're not going to come here and request an additional 221 because they have how they're going to receive 221, okay. It's going to come from the different funding sources which they've established, so I don't believe they're going to be coming up here and requesting an additional 221. My question was, are these funding sources going to come through? We got three from the County, we got Commissioner -- well, it says Commissioner Regalado. It's Mayor Regalado. So that's why I asked Mayor Regalado, are you going to come through with 25,000. I spoke to Commissioner Barreiro. He didn't give me a guarantee, but it seems like he really wants to work hard to be able to get them that funding, which I believe. Now we got the Alliance for Ages -- for Aging, I believe. It says Alliance for A --Alliance for Aging. For the --Alliance of -- Ms. Del Pilar Albo: Alliance for Aging. Vice Chair Carollo: -- for Aging. So -- Chair Sarnoff And if you do those numbers, as it was related [sic] to me by CDBG [sic], their expenses will out -distance their revenues, so there will be a shortfall. Under the business model they operate, their revenues will not be adequate to fund their expenses. Part of their expenses are the executive director's salaries [sic] and the next three people below her. And all I'm saying to you is if you approve this, just be aware there is an inherent shortfall in the way they operate. Ms. Oxenberg: Commissioner Sarnoff, I would like to address you on some of the comments and remarks that you've made. I think that you have put undue duress over Action Community without really going over the program and knowing why there have been shortfalls this past year. I think -- Chair Sarnoff Not duress. Duress is the wrong term. Ms. Oxenberg: You have put under the action -- you have made comments that have yet to be proved, according to the statements that you've made. There have been a lot of reasons why the program has had to cut back, given mostly to budgets that have been restrained, or cut, or not given. That has not affected -- As a matter of fact, and I want to point this out very clearly, for the last six months, Action has gone through immense sacrifice to continue servicing the elderly and to meet the requirements without the funds. We have had employees that have worked with no salary to continue going to provide the fund, and this is not an issue ofAction. This is an issue of need for the elderly. And we would love to add back on the roads more buses and serve more people because that is our goal, and we welcome to work both with you and with all the City ofMiami Page 37 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Commissioners to accomplish that. Chair Sarnoff Are there --? Ms. Oxenberg: And we would like to also be given -- Chair Sarnoff Stop for a second. Ms. Oxenberg: -- the opportunity -- Chair Sarnoff Stop for a second. Ms. Oxenberg: -- to be able to meet your needs. Chair Sarnoff Stop, stop, stop. Are there circumstances under which you pick up one elderly person and bring them to a doctor in a van? Ms. Oxenberg: Is there what? Chair Sarnoff Circumstances under which you bring one elderly person to either a supermarket or to a doctor's visit in a van? Ms. Oxenberg: We -- in a van and a mini bus. We have mini buses. Chair Sarnoff Okay. So you acknowledge that you do put just singularly one -- Ms. Oxenberg: No, not singularly. We pick up in a route. Chair Sarnoff Okay. My -- all of my information comes from CDBG [sic], so I'll put it on the record. Mr. Mensah: No problem. Chair Sarnoff Mr. Director, at the present revenues under which they're able to obtain, will they be -- will their expenses out -distance their revenues? Mr. Mensah: That's correct. We were provided -- we had requested financial information from Action as to where their sources of financing are coming from and what their revenues are and their expenses. As can you see on this spreadsheet that was provided, some of the Alliance for Aging funds are actually funds that start from July 2009 to -- June 2009 to July 2010, so you have half a year that's already gone. And I'm pretty sure that some of those fund was -- so we just use the numbers that they provided. I added them up, and I looked at the expenses, and I realize that they didn't have enough money to cover the total operations. Vice Chair Carollo: Mr. Mensah, I'm sorry. Mr. Mensah: Yes. Vice Chair Carollo: Excuse me. What are you looking at 'cause I have period being -- cost allocated from October of '09 to September of '10? I don't have that from July. I don't know which one -- Mr. Mensah: There was another document that was in Spanish that I provided to you at our briefing. I'm looking for it right here. There's another document that was in Spanish. This -- it looks like this. It's in Spanish. City ofMiami Page 38 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: I don't know ifI have that. Mr. Mensah: I provided it to you yesterday at a briefing. Vice Chair Carollo: I don't know if -- Mr. Mensah: If you look at that document -- Chair Sarnoff Could you bring it up to him? Mr. Mensah: Okay. Vice Chair Carollo: No. I don't remember reading any -- Chair Sarnoff Go back to the dais [sic], if you would, 'cause I want to finish up. Do you have an opinion as to whether the means and manner in which they're fulfilling their core services is an efficient use of taxpayer dollars? Mr. Mensah: We had -- in May we met at then Mayor's request, through the Manager. We met with Action to look at how we can assist them in getting more revenue and more funding, and one of the discussions that we had -- and I think you were at that meeting -- was to look at the operation ofAccion. And we look at -- so even though they have a route, we looked at a possibility of maybe reducing the vans, maybe trying to find an efficient mode of transportation, maybe a car or something like that that can just take two or three people if they have to go to just maybe a rehabilitation of some type. We also looked at the possibility of maybe some type of fee being charged by the -- to the individuals using the service. And she indicated to us that they couldn't based on their contract with the state. We also looked at a possibility of leasing some of the vans -- because they have seven vans. Some of them are not on the road. -- leasing some of those so they can get some revenue in. Because at that time we realized that the City, from our budget reports, cannot fund to $300, 000 every year. Yes, they used to be funded using CDBG funding, but the CDBG public service funding, also the Commissioner have to look into whether we providing transportation or we providing elderly meals. And based on that, I thought that there should be a way by which some other revenue will come in through this program. And that's what I shared with the Commissioner in terms of my view of what the program (UNINTELLIGIBLE). It's a good program, like we all agree, and I think that the program needs to continue. But I think we need to have an ability to sit down with Accion to look at the business model and see how best we can -- the business can continue to operate its services and how -- what our revenue will come in. I know that we even sent to them the application for the (UNINTELLIGIBLE) services, which we requested and they told us that they've applied in the past and they've not been awarded funds. The application is still out there right now, and we sent copies to make sure that they can at least apply for that contract so that they can be able to provide those services. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: And that's exactly my point. I mean, Mr. Mensah said that he would like to, you know, get together with Accion to look at their business plan and so forth, which I concur. I would like to, you know -- again, I would just like to be able to do this prior to voting on the $60,000. But yes -- because you're right. Maybe buying a vehicle, but then who's going to drive the vehicle? Who's going to, you know --? There's like -- it's not as easy as -- which I agree as far as obtaining a vehicle instead of a van, but it's not that easy because, yes, you have the vehicle, but then do you have the dispatcher? Do you have the driver? You know, there's -- in City ofMiami Page 39 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 other words, the City could buy the car, but then who's going to be the driver, and the expense and so forth? So that's what was saying that was grappling with, because I don't want to deny this money right now and then they go under. I want -- so I don't know if -- that's why, from the beginning, I wanted to see if we could defer it two weeks to maybe give us an opportunity for us to like get together with them, see, you know, their operation, see what they're doing wrong. Something thatHr. Mensah mentioned, that should they charge a fee, let's say a dollar, or STS (Special Transportation Services) charges three dollars. They cannot because of a state mandate? Mr. Mensah: Yeah. That's what they told us. Vice Chair Carollo: Yet, I don't see any state funding here. Mr. Mensah: (UNINTELLIGIBLE). Ms. Del PilarAlbo: Free of charge, yeah. Mr. Mensah: According to -- Vice Chair Carollo: It has to be free of charge? Ms. Del PilarAlbo: That's correct. Door to door and free of charge. No one elderly or handicap pay us a dollar or a penny. This is free, completely free. Vice Chair Carollo: Right. But we're saying -- Ms. Del PilarAlbo: STS ask -- Vice Chair Carollo: -- that that may -- Ms. Del PilarAlbo: -- three or four dollar. Vice Chair Carollo: Yeah, right. STS, I believe, is three dollars. But guess what we're saying is that that may be unsustainable. Maybe you may have to charge, maybe a dollar, something, but -- you know, to obtain some revenues. You understand what I'm saying? That's what we're saying. It might be unsustainable to continue like this. Even STS does three dollars. So we're -- you know, we're just -- I guess what I'm saying we're trying to help you. It's not like we're trying to put, you know, obstacles in your way. We're trying to help you, but at the same time, being fiscal [sic] responsible and looking at a business model that's going to work, not that we outright give $60, 000; two months from now, you're in the hole or coming back to us for money. So we want to help. We just want to -- again, be accountable, be fiscally responsible, make sure that it is addressing our needs. Chair Sarnoff All right. Gentlemen, let's call the question. Ms. Oxenberg: We -- I want to interject one brief thing. We have recently been looking at other transportation for the elderly models in other states, so that is definitely our direction. We understand that things have changed and especially now with the circumstances fiscally for the City and for ourselves. So we are definitely making that transition over to improve and to be able to provide a much more efficient system. Chair Sarnoff All right. Let's call the question. Vice Chair Carollo: Before we call the question, I need to ask this question, Mr. Chairman. Should we defer for two weeks, will you still be in operation? City ofMiami Page 40 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Oxenberg: We will not. Chair Sarnoff Call the question. Oh, I'm sorry. Public hearing. I apologize. Mr. Cruz, you are recognized for the record. We won't start the clock until you get to the dais [sic]. Mariano Cruz: Mariano Cruz, 1227 26th Street. This is what hate about being a social worker working on that. All this debate, come here begging, begging for money. That's what it is. Then you hear without debate, you go -- all the cost overrun and the change order, hundreds of thousands of dollars dah, dah, dah, dah, dah, okay. And now we have a debate. Okay. I was a social worker in the Little Havana (UNINTELLIGIBLE) there, andl was the first social worker ofAllapattah Community Action, andl know Action. I know what they do. And as a former organizing of taxi drivers for the Yellow Cab and the Diamond Cab and being on strike, and one -- my fellow organizer was the -- one of the coordinator of (UNINTELLIGIBLE) was the coordinator of the transportation there with Accion, a very honest man. And then we go and we worry. If you don't pay attention, I don't say anything, 'cause I pay attention to what you say. Maybe this is federal money, 15 percent only of the cap of the grant, because I was many years in community development. I can tell you all the bylaws and everything. Twenty percent administration. Never 19.9, 19.99 percent. Always 20 percent for administration to keep the bureaucrats there at the MRC (Miami Riverside Center). Why don't you question that, the bureaucrats at the MRC? Okay? Question that too. Don't question Action. What about Harve Mogul of the United Way? How much he make? Chair Sarnoff Are you recommending that we just approve this contract? Mr. Cruz: I (UNINTELLIGIBLE) -- I talk to drivers the other day -- I talk to drivers of the Action there and they were telling me on -- Chair Sarnoff Are you recommending that we -- Mr. Cruz: Yeah. Chair Sarnoff -- approve this? Mr. Cruz: Sixty -- that's right. Chair Sarnoff Okay. Have you reviewed any --? Mr. Cruz: Because drivers told me they haven't been paid. Chair Sarnoff Let me ask you a ques -- stop. Listen to me. 'Cause I respect you. Mr. Cruz: Right. Chair Sarnoff You're recommending that we approve this. Mr. Cruz: Sure. Chair Sarnoff My next question to you is have you reviewed any of the records, financials in making your recommendation? Mr. Cruz: Well, I know -- Chair Sarnoff That's a yes/no question. City ofMiami Page 41 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Cruz: Well, I haven't seen the records of the City yet. Chair Sarnoff Okay. So you like what they do; you just don't know if they do it well. Mr. Cruz: What they do -- by the people that work there -- Chair Sarnoff Okay. Fair enough. Mr. Cruz: -- I know what they do, all these people. Chair Sarnoff Thank you. Mr. Cruz: And working people. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: I'd like to make a motion to defer this item. I'm not willing to give up the money just yet. Hopefully, they'll still be in operation. They're saying they're not. Hopefully, they still will be in operation. So I make a motion to defer this item to the January 28 meeting to allow us some time to meet with them, see their business model, see exactly how they operate, and see if we can keep them afloat as long as they are addressing the needs that we have in the City. Chair Sarnoff All right. Let's get a little bit of order. First off let me make sure -- Does anybody else from the public wish to be heard on PH.3? Hearing none, seeing none, the public hearing is closed. I think you're going to need to withdraw your original motion. Vice Chair Carollo: I withdraw my original motion. I don't believe I ever made a motion. Chair Sarnoff I believe there was a motion and a second for discussion. Vice Chair Carollo: You're right. Chair Sarnoff All right. So the motion -- Vice Chair Carollo: I withdraw my original motion and make a motion to defer until the January 28 meeting. Chair Sarnoff Is there a second? Commissioner Suarez: I'd like to second and just say one thing. Chair Sarnoff Only one. Commissioner Suarez: Just one. I share the same concerns that everyone here shares. I, in constructing my office budget, looked at the prior allocations of my predecessor, Mayor Regalado, and I also reserved -- if we are satisfied with the way they're operating their business and their model, I had reserved -- even though we were redu -- you know, our office budget was reduced, just so you know, $60, 000 from last year because I thought it was fair to honor the Mayor's commitments to your organization previously. I -- our office bear the brunt in terms of salaries and what we could provide to the rest of our residents for your organization. So we have money. I've had some money set aside. It's not a lot, but it's if we're satisfied with the way you're operating your business and your model and the services you're providing for the money City ofMiami Page 42 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 that we're giving you, just know that there's some money there, not very much, but there's some. So I second -- Chair Sarnoff By the way -- Commissioner Suarez: -- the motion. Chair Sarnoff -- we put all of our office shortfalls on your account, so -- All right. We have a motion, and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. END OF PUBLIC HEARINGS City ofMiami Page 43 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 ORDINANCES - SECOND READING SR.1 09-01024 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES - MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND ADDING AUTHORITY FOR THE CITY TO REMEDY ACTS OF GRAFFITI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01024 Legislation FR/SR 1-14-10.pdf 09-01024 Summary Form FR/SR.pdf SPONSOR: CHAIRMAN SARNOFF 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 Note for the Record: Item SR.1 was deferred to the Commission meeting currently scheduled for March 11, 2010. Chair Sarnoff So we are now on second reading ordinances, and we are on SR.1. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Is he going to present first? I know it's your sponsorship. Chair Sarnoff This is on -- Vice Chair Carollo: The graffiti. Chair Sarnoff -- graffiti. I think you have some good news, but that's okay. Vice Chair Carollo: Okay. Sergio Guadix: Good afternoon, Mr. Chairman. Sergio Guadix, director of Code Enforcement. This is an ordinance of the City ofMiami Commission amending Chapter 37 of the Code of the Miami, Florida, as amended, entitled "Offenses - Miscellaneous," by clarifying existing language and adding authority for the City to remedy acts of graffiti; containing a severability clause and providing for an effective date, now, the last time it came through this -- the first -- for the first reading there were some questions, and I think we've taken the -- to address that through some funding that will be coming through CDBG (Community Development Block Grant), and we have the director of CDBG -- or CD (Community Development) to explain that to you if you have that question still. Chair Sarnoff Mr. Mensah, could you come up and explain how folks who cannot afford paint, paint will be provided. George Mensah (Director, Community Development): George Mensah, director of Community Development. In February -- first meeting in February, Community Development will be City ofMiami Page 44 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 allocating the sum of $200, 000 from CDBG funding to NET (Neighborhood Enhancement Teams) offices for graffiti removal. When -- in graffiti removal, we have two types of removal that we will do. One will be in target areas where majority of the incomes of the individuals are low income (UNINTELLIGIBLE) 51 percent, and then in areas where it's high income, if the individual homeowner is also low income, we can be able to remove the graffiti using CDBG funding. So in that case, any low-income person who is affected by this particular ordinance will receive assistance, free of charge, from the City. Chair Sarnoff Thank you. And in addition, I think you'll see on subparagraph F, there's a provision here you can call the Miami -Dade County hotline, and they will actually provide you with the paint as well. So the two concerns are presently addressed. One is by use of Miami -Dade County, and the second of which will be an ordinance that will be before us, I believe, next month to, I guess, allay our concerns about those who may have to bare the expense of paint. So what will do is I will move SR.1. Vice Chair Carollo: Yes. Commissioner Suarez: I second the motion. I'd just like to just bring one thing to the attention of the -- Vice Chair Carollo: There is a motion by Chairman Sarnoff and a second by Commissioner Suarez. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Chairman. My question is, I think, for Chairman now or the mover of the motion, Commissioner Sarnoff with reference to some of the drafting of the ordinance or the redrafting, I guess, 'cause this is a -- an amendment to an ordinance, and it talks a little bit about some of the issues thatl brought up with the City Attorney regarding a little bit of ambiguity with some of the drafting. As you understand it, if there is graffiti done on someone's house or business -- well, I guess it's different because -- it's different if it's a business and if the business happens to be in the public, but let's assume it's a house. Is it your understanding that the owner has five business days from posting of a notice to file for an appeal? That means that they have, at the very minimum, five days to cure, or is the curative period less than five days? Because they take out -- one of the paragraphs on Section G that was deleted talks about the cure having to be done within 30 days from receipt of the notice, so it puts a specific window, whatever that is, and then it -- that is removed in this -- so I just wanted some clarification as to what your understand -- you know, what's your understanding of it. Chair Sarnoff I'm going to let the Code Enforcement give -- Commissioner Suarez: Perfect. Thank you. Chair Sarnoff -- his understanding of it. Mr. Guadix: Commissioner, there are two parts of the ordinance, and I just want to make sure you understand it the way I understand it, at least. One part of it is for the City to be able to go in there when there's graffiti and in special areas. This is the way that understand it. This is when there's graffiti in some place where we really need to get rid of it right away. The City has a right, after 48 hours that that graffiti is on the property, to go ahead and remove it. Now, there will be a five-day appeal. Even though after the work has been done, they can appeal it to the special master to see if the work that we have done there shouldn't have been done to begin with, and they can appeal that with those five days, but the work was already done. That's one part of it, which will be -- in my opinion, that's going to be -- that's not going to be used freely from Code Enforcement. That's going to be used in exceptions. The other part of it is Code Enforcement action where we go to a property, we send a notice, we give them 48 hours to remedy the violation; and if they don't remedy, we start a Code enforcement case right away, as City ofMiami Page 45 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 soon as possible, where before we had to wait 30 days before we could do anything to that. And that's the way I understand it, and that's the way I plan to enforce it. Commissioner Suarez: Okay. Thank you. Vice Chair Carollo: I have some additional questions. And mind you, should this pass and once it starts being implemented and so forth, you're not going to be fielding the calls; I am. 'Cause anything from my district that happens, I'm going to be fielding the calls, and I'm going to be answering like ifI was you. I mean, I'm going to have to know all the answers and so forth, or my staff, for that matter, so just humor me as far as all these questions I'm going to be asking. Mr. Guadix: Yes, sir. Vice Chair Carollo: First of all, I see here in subsection F, as far as the graffiti hotline -- now, maybe an attorney can interpret this better than an accountant. But it seems to me like if you need assistance or information, you can call this hotline. I don't see it here where this hotline is actually going to give you the paint and so forth and paint it for you. However, should they give you the paint, then that's when you have to paint it and so forth and use their paint. But don't clearly see it here where if you call this hotline, they're going to give you paint that's, you know, relatively the same, you know, color or so forth. So, again, an attorney may interpret this better than I can, but have that question. And I want to make sure that -- I don't know who to pose it to, ifMadam City Attorney or --I know you're an attorney, Mr. Chairman, but-- and once again, the reason why I'm being so picky with this, because once we pass this -- and this is now second reading -- I'm going to be fielding the calls, I'm going to have to need all the answers, and I'm going to then be asked "Didn't you see this coming?" So that's why I'm being so technical with this. And again, not that I'm anti -graffiti. I'm a former law enforcement officer. I've been known to be real tough on crime. However, you know, I also do have a heart, andl know certain people in my district cannot pay for this, and I don't want them to be victimized twice: You know, the first time someone painting their property; the second time the City coming painting over it and then sending them the bill. Mr. Guadix: Yes, sir. Commissioner, and about the hotline, I know that the Law Department was doing some research about the hotline, and maybe they have some information on that to help you out. Julie O. Bru (City Attorney): I did -- when it was -- when you inquired about it on Tuesday, I did ask the attorney who prepared the legislation to look into it, and I'll have something to you by the end of the meeting, if you want to table this. I don't have it right now, but will have -- and I -- what you asked me was what is available? Do they really have any resources available? Who's entitled to obtain assistance? How do they give assistance? And those are the questions that have. Mr. Guadix: And the one thing I want to guarantee you, Commissioner, we do understand the issue with the graffiti. We understand the blight that it causes, but we also understand that there are victims out there of the graffiti. The owners of the properties are also victims of the graffiti, and that's why I was very careful to make sure to say it first: This is going to be used sparingly, but there are times where we really, really need to take action on this graffiti, and that's what this is for, to give me that ability to do that. But do not plan to do this where we just go in there and lien somebody right away on all the cases of graffiti. We cannot do that; we will not do that, because I understand. I don't want to make more victims of people when they have already been victimized. Vice Chair Carollo: Exactly. And I don't want to victimize someone twice. And you know what? You may have the best intentions, and in all fairness, I believe you. However, this is -- this becomes an ordinance. This becomes, you know, law, and it may be -- this law may be much City ofMiami Page 46 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 longer than you being there. I mean, there might be other Code enforcement directors coming after you and may look at this and interpret it differently and act on it differently, so that's why I'm being so careful. And if you notice -- and I have the minutes from the December 10 meeting when this came up. I have here from the City Manager, how he ended the conversation saying, 'And we'll work with all of you prior to bringing it forward to the City Commission." That's what was said. And, Mr. Chairman, so if the Board's pleasure, I think we should pass this, and we should work on the relief you seek for the first-time issues. Now I've looked at the agenda, and I haven't seen anything that has changed. There has been no language that has changed, unless you tell me that there has been and show me where. It's the exact same language as the December 10 meeting. Chair Sarnoff Well, what we did do was we have crafted another ordinance that will -- you said to me, "I'm concerned that somebody in my district cannot afford a pint of paint." Vice Chair Carollo: Yes. Chair Sarnoff And, you know, quite frankly, you opened up my eyes, because maybe that's true. So I then went to George Mensah and asked if there's any program money that could pay for people's paint, and he said, "Yeah, Commissioner, I think we can craft something." And we crafted an ordinance. It's coming up the first meeting in February, and that ordinance will provide each NET area different colors of paint, and they could be further mixed. And you can hand out -- I don't know if it's gallons or -- depending upon how bad the graffiti is -- pints of paint, and $200, 000 is going to go a very, very long way in the City for people who can't afford it. Now you brought to my attention that this goes on, to a large extent, in I guess residential areas. In District 2, it does not go on in residential areas. It goes on in businesses. For instance, the Culligan water building, which is the one on Bird Road -- or Bird Avenue, I guess, is the right way, and US 1 -- 167,000 cars a day greet the City ofMiami ordinarily two weeks out of every month with graffiti on the Culligan water building or what was formerly the Culligan water building. That particular property happens to have, ironically, a billboard on it. That billboard provides $24, 000 a month rent to that property owner. An irony of irony is that that property owner happens to be represented by a reasonably famous -- I don't know if he's a senator or if he is a representative in the state of Florida -- and he takes down -- he comes to Code Enforcement hearings oftentimes. I could tell you the City Manager and I have been ongoing with e-mails (electronic) with this. Haydee's been there probably three years now, back and forth? An irony of irony is you think he'd take the damn building down. He's never going to have to rent it. He gets $24, 000 a month rent for a billboard, and yet, every two weeks the City ofMiami is faced with "Welcome to the City ofMiami. Here's some big graffiti." And those are the kind of people that I want to fry to -- I was going to use the word coerce, but what the hell. Vice Chair Carollo: No, no. Chair Sarnoff -- to coerce -- Commissioner Suarez: Persuade, persuade. Chair Sarnoff -- persuade into being responsible owners, and I really think he should just take his building down. We all know he's never going to rent that building. And it's business owners -- you know, I did go -- I was in the parade with you, with the Three Kings parade, and I remember I was with -- I was actually with Commissioner Suarez, and I looked at him and I said, "Look at the graffiti." And I wasn't feeling bad for the guy whose building was graffitied [sic]. I was feeling bad -- because he was out of business, by the way. So the property owner either is an absentee property owner or didn't care enough to take care of his graffiti, especially on Three Kings day, which he knew that was coming. It's the building next to him that happened to have been a furniture store that I felt bad for because you know what? It degraded what his building looked like. You wouldn't have gotten me to go into that furniture store because it's like he's in a City ofMiami Page 47 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 neighborhood filled with graffiti. And it's -- I use the word a lot. I'm going to continue to use it. It's called season. It is the -- and it's a joke in my office, 'cause everybody now learned it's a French word, and it means that we all have an obligation to each other. And I just -- I wish I could prevent graffiti. And I wish I could educate people not -- it's the most ironic destructive thing. And if you're a student of history -- I don't know how many of you know this, but in the Roman senate, there was graffiti just before it fell. And it's a true indication of the decay of society. If you're going to allow your society to go into decay, then shame on us. And it is the broken window theory, and I know you know that broken window theory better than any of us here, being a police officer. I happen to have done a thesis on it for my criminal justice career. And if there's one thing I want to change before I'm done here on the City Commission, it is the eradication of graffiti. And yes, that's an overly ambitious thing to say, butt want to know that I played my role in forcing landowners in the City ofMiami -- all too often absentee landowners -- to care about the rest of us who live here. Vice Chair Carollo: And Mr. Chairman, I don't want to put an obstacle in your way. I want to join you, because I think this is a good thing. I just think we need to tweak this a little bit to add some type of language, whether in case a property owner cannot pay or maybe he's under the poverty level or so forth, there is some mean [sic]for him to be able to either not get fined or pay for the remedy of the graffiti. Now I wish it could be implemented into this ordinance. At the same time, as far as the 200, 000, yes, but I don't know how long this ordinance is going to last. Those 200,000 could be dried up. I don't know how many years, but regardless. So I just would like to see some type of language in here that stipulates that if you do not have the means - - and yes, maybe you have to prove that you don't have the means. Maybe you have to see -- your income level is below the poverty level or so forth, but that you will not be penalized again, thatyou will not be fined, thatyou will not be victimized twice. That's all I'm frying to do. Chair Sarnoff And I'm looking for it, 'cause I thought it was in here. I thought there was a discretionary call -- can somebody help me on --? The CityAttor -- Haydee Wheeler (Acting NET Director): Commissioner Sarnoff, ifI may. Chair Sarnoff Go ahead. Ms. Wheeler: I've worked with this ordinance -- I'm sorry, Haydee Wheeler, Acting NET Director. I've worked with Commissioner Sarnoff. As he mentioned, District 2 and District 3 are one of our worst areas when it comes to graffiti. The ordinance in front of you really doesn't have much changes. It's just cleaning out some of the language there and also adding language that would allow the City to go into private property, which at this time we do not have. And I do understand your point about District 3. You have 22nd Avenue, you have 17th Avenue, which are residential properties and do get tagged. And the way we've handled this before -- and it's the way that we would like to present it to you -- it's amending paragraph F that instead of contacting the Miami -Dade County, we would like them to contact the City ofMiami, and it could be through the NET office or the Manager's designee. At that time, as we have right now, we have "X" amount of paint that we do keep for those cases. We've done actually whole houses of seniors that don't have the money and their houses have been vandalized in that way, with the 200, 000, which we also plan to use on buildings, such as the Culligan, which we will get that money back through the lien process, we can also have a separate policy where if you call us and you don't have the money, you don't qualify, but you have been vandalized, we will go ahead and paint it over for you. So by just changing the contact to City ofMiami NET Office Graffiti Hotline, we will be able to work with you and actually either do the work ourselves for you, give you the paints that we have for you, or if you actually do qualify, get you -- CDBG to give you the money to paint your house, which is actually an improvement to your property as well. Vice Chair Carollo: Well, when I voted for this last time, I thought that's what we were working towards. And I expected to see that type of language -- exactly what you just said, I expected to City ofMiami Page 48 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 see incorporated into this ordinance, and that's why I said that, you know, I -- it really didn't change. It -- or didn't change at all, for that matter. It stayed exactly the same. So I was expecting to see that language that you just stated stipulated in this ordinance. Chair Sarnoff Well, if you read section R, it says "In deciding the amount of fine to impose, Code Enforcement Board shall consider the efforts taken by the violator, if any, to remove or effectively obscure the subject graffiti in a timely manner and how often the violator has been victimized by graffiti during the preceding calendar year. The provisions of this section shall not apply to a property owner, agent, manager, or possessor of property if in the sole discretion of the City Manager or designee, or the Code Enforcement Board, such property, agent, owner, manager, possessor has been victimized two or more times by graffiti within any calendar year and, during such time, has removed or effectively obscured such graffiti from the property in a timely manner." So it does provide relief at the sole discretion of the Manager or the Code Enforcement Board for a repeat violator so that if somebody is repeatedly violated, they don't have to charge them anything. Vice Chair Carollo: Right. And Mr. Chairman, we actually are revisiting our last meeting, 'cause you mentioned it to me in the last meeting, and I clearly stated that, yes, on the second time but not on the first time. It clearly says "victimized two or more times, " so that means the first time he gets victimized and he could be victimized twice. And -- until there be a subsequent graffiti on his wall, then he doesn't get this type of relief. So we're actually revisiting exactly what we spoke about in the last meeting, and I thought we came to the conclusion that -- and I have the minutes here -- we'll work with all of your prior to bringing it forward to City Commission as far as what expected, my interpretation was, see some type of language in this ordinance, specifically with what Ms. Wheeler said, and I just don't see it. I see the exact same ordinance with no changes, and that's my problem. Chair Sarnoff Okay. Vice Chair Carollo: I mean, once that language which Ms. Wheeler stipulated -- I mean, we can go back on the record, see exactly what she said; we input this as -- we'll put it as "T," subsection T, then I don't have an issue with it. Because again, I'm not frying to put an obstacle in your way. I -- actually, I want to join you. I just want -- there's just an area of my district that could be very harshly affected. And in all fairness, Mr. Chairman, I'm going to be fielding those calls. You're not even going to field those calls. And I just want to make sure that I'm doing the right thing for them, and at the same time, seeing your point, which you have a very valid point, andl agree with you. Chair Sarnoff What is your language you want to see inserted? Vice Chair Carollo: If we go back on the record, exactly what Ms. Wheeler said -- Mr. Hernandez: Commissioners, that can be added basically into the item. Ms. Wheeler: Right. I -- Julie would have to read into this, but chapter -- I mean, paragraph F, if you go down to -- one, two, three, four, five, six -- Vice Chair Carollo: Now, I don't -- I just don't want to substitute Miami -Dade County for City ofMiami. Ms. Wheeler: Well -- Vice Chair Carollo: I want to put the language like you stated, that the City ofMiami then would actually go and paint the property and so forth, not fine you. I want to go into that detail. I don't think just a substitution of -- if you call Miami -Dade County and substitute City ofMiami City ofMiami Page 49 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 NET office for that, I don't think will be sufficient. I think, you know -- Ms. Wheeler: No. You're right, but think that it's also important for the residents to have more than one means of getting assistance, so if we just add that they may contact the Miami -Dade County and the City ofMiami, you know, that's giving them two options. We may not have the paint or the money at the time, but Miami -Dade might, so by adding that amendment of -- giving them both options, right, Julie? Ms. Bru: Okay. We did check with -- we checked with Miami -Dade County graffiti hotline, and at this point is all they do is they take complaints of graffiti. They don't have any money to help out at this point. Vice Chair Carollo: Exactly. And that's exactly my point. That's whatl thought. It's -- I mean, the way it's stipulated here, it would -- it gives the perception that if you call them, they'll give you assistance, and they may paint, you know, your wall or whatever got graffitied [sic], and therefore, it would remedy the problem. Therefore, if you don't call them, you are then being an absentee owner or someone who's being lazy and don't want to fix a problem, which is something that you want to fix, Commissioner Sarnoff. You want to fix someone that sees the graffiti on their property and, hey, doesn't care, and that's where you go into the season. I'm concerned about the person that wants to fix it, but they don't have the means. They call this hotline and they take their complaint down and nothing happens. Then comes Code Enforcement, fixes the problem, and fines them. Chair Sarnoff So you would like language to say if, after review of the relevant financial records, the City Manager, in his sole discretion, determines that the owner -occupied resident is unable to afford the cost of the removal of the graffiti, that the Manager has the power, or his designee, to remove all fines or violations found herein? Vice Chair Carollo: No, that's incorrect. I don't want the Manager to have the discretion. I want it to be stipulated in the ordinance exactly what they need to have in order to be -- to not have to be able to pay for it. In other words, if they -- if their income level is below the poverty line and they don't have the means to pay for -- Chair Sarnoff It won't work that way. It couldn't work that way, because what if it's owned by a corporation? How does that corporation have it -- have -- be below the income poverty line? There's so many different -- what if it's a partnership? What if it's a trust? You're going to have to rely upon the City Manager to exercise some discretion. I could think of several ways of owning property. It can be fee simple. It could be a life estate. It could be owned by an LLC. It could be owned by a corporation. It could be owned by a partnership. It could be owned by a trust. It could be held by an Inter-Vivos Trust. It could be held by a trust in terms of death. There are too many mechanisms of ownership that you can just say if they're 80 -- if they're not at 80 percent ofAMI (Area Median Income), they don't pay. Vice Chair Carollo: Well -- and that's exactly why I thought that we would work together with all ofyou prior to bringing it forward to the City Commission. That's what was hoping. So instead of me just giving an idea and you just giving an idea, joining our ideas in order to bring some type of resolution. That's what was trying to accomplish. That's what was frying to accomplish. Because you're right, there are different types of property ownership. However, I'm also looking out for that property owner, the residential property owner that, you know what, up to some time, not too far back, were losing their homes. There were a lot of people -- if you remember the property taxes, there were a lot of people complaining that they were going to lose their homes, so I'm fighting for that person that now, on top of them having to pay the, you know, absurd property taxes and so forth and may not even have a job now because of the economic state that we're in, someone comes, graffiti their property; you know, the City comes, paints over it, and you charge them for it, so they get victimized twice. So I guess what I'm saying is City ofMiami Page 50 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 that, again, I want to join our heads, you know, and make this better, but again, I thought that's what we were doing. And when this came back to me, it was exactly the same. And again, I'm not frying to make it -- put obstacles in your way, Chairman Sarnoff. I'm trying to join you and make this a better law so it addresses all of our issues, your issues and my issues. That's what I'm trying to do. Chair Sarnoff All right. Then let's -- Ms. Wheeler: Can I just make -- Chair Sarnoff -- continue this. Ms. Wheeler: Commissioner, ifI can make -- Chair Sarnoff I'm going to -- Ms. Wheeler: -- just one comment and -- we've worked with this ordinance for many years, and if you read it, it's very vague, and it's actually good for the residents. When you look at the ordinance, it says persons needing information and/or assistance. We have many cases, especially in Disfrict 3, where you have slum lords, which the houses get graffiti, Code Enforcement starts liening, and we never see results. We've gone -- and I agree with you that not the County should be the first one to be notified. It should be the City. But if you read it, the first lines, they'll get a notice. And in that notice, we'll change it, and we'll work with you to be a friendly notice saying contact the City for assistance. And that's part of what we thought we would bring to you. It's a friendly notice saying your property has been graffiti, vandalized; please contact us back. You don't have to be the owner at this point to ask for assistance. If you make it two much -- and Julie can help me -- it's to the owner, which is the other part of the ordinance intent. Yes, we want the owners of those properties to be liened, because the $200, 000, we want that money to come back. But when you read it the way it reads, persons, it doesn't say that you -- if you're not an owner and you called the NET office, we'll go and paint it for you, because you want to live in a nice house. So I just would recommend to you that I think that what's missing here is maybe looking at the other part of the violation or what Code Enforcement sends out, which is a friendly notice and not a violation itself. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Let's bring it back. Mr. Mensah: Mr. Chair. Chair Sarnoff Madam City Attorney, why don't you work on this for two months? By that time, you should be able to come up with a paragraph that satisfies Commissioner in the Disfrict 3. Ms. Bru: I think -- Chair Sarnoff Bring it back -- let me speak. Ms. Bru: Yeah. Chair Sarnoff Let's bring it back -- this is February -- to the first meeting in March -- Ms. Thompson: March 11. Chair Sarnoff -- March 11 for a second reading. If we can't satisfy him then, we just simply vote for it, but work with his office. That gives you two months to come up with a paragraph. I City ofMiami Page 51 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 would think in two months, you can come up with a paragraph. You can't, that's fine. We'll simply take a vote. Ms. Bru: Mr. Chair, we just need to come up -- the paragraph is easy. What we need to come up with is a program, the criteria, what was going to be made available. And we will work with George and the Administration to come up with that program to make assistance. Chair Sarnoff Maybe you need to cross reference what hopefully will be and then -- well, actually, by that time -- Ms. Bru: Yeah. Chair Sarnoff -- have had -- Mr. Mensah: Our program will be up and running. Chair Sarnoff -- an ordinance in place -- Ms. Bru: Correct. Mr. Mensah: Resolution, yes. Chair Sarnoff -- but you're going to have to describe to the District 3 Commissioner how you're going to be able to fund that beyond one year. Mr. Mensah: I was going -- to be -- I was going to suggest that it's going to be an annual allocation to the program. Most cities have it. And what -- we're going to think that -- the way we'll design the program -- and we didn't reach that stage yet. We advertise it, and now (UNINTELLIGIBLE) design a program -- most of the City -- about 90 percent of the City qualifies, they are in the targeted areas. And in target areas, when they call us, the NET office, they can come and provide a service for free. Nobody will be charged, so that in that situation, there's no lien that will be on any property because the work will be done. It's only in the other areas where it's not in a target area that we cannot do -- Chair Sarnoff I want you guys to consider -- Mr. Mensah: -- that's where we have -- Chair Sarnoff -- ever permeable, possible situation out there. I want you to think about a couple who is bedridden, that cannot get out of bed. I want you to consider a couple who is on their third foreclosure in this property that don't have arms. I'm not being facetious. I want you to come up with every possible scenario that Commissioner Carollo is concerned about so that you can at least establish who's going to paint the property, how it's going to get painted, how many times you're going to paint the property, at whose expense, and under what circumstances. Mr. Mensah: Okay, we will. Chair Sarnoff And if you're going to paint a rich person's house, just describe why you're going to do that. Fair enough? What action do I need to take to move this to --? Ms. Thompson: You would be asking for a motion to defer to the -- Chair Sarnoff Let me withdraw my motion. I'm going to do a motion to defer this until March 11, 2009 [sic] -- 10, excuse me. City ofMiami Page 52 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Your first motion has been withdrawn. The seconder withdraw? And then there is a motion by Chairman Sarnoff to defer this item until March -- Ms. Thompson: 11 th. Vice Chair Carollo: -- 11 of this year. Is there a second? Commissioner Suarez: Yes. Second the motion. Vice Chair Carollo: Seconded by Commissioner Suarez. Any further discussion? Hearing no discussion, I'll call the item. All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay." Motion passes. SR.2 09-01105 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Public Works 54/ARTICLE VI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/SIDEWALK CAFES," TO CLARIFY CERTAIN STANDARDS AND CRITERIA FOR PERMITTING REQUIREMENTS AND TO SPECIFY SPACING REQUIREMENTS FOR CLEARER PEDESTRIAN PATH ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01105 Legislation FR/SR 1-14-10.pdf 09-01105 Summary Form FR/SR.pdf 09-01105 Pictures FR/SR.pdf Votes: Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez 13123 Chair Sarnoff All right, SR.2. Bill Anido (Interim Public Works Director): Bill Anido, assistant City Manager. SR.2 is the second reading of the ordinance amending Chapter 54, Article VI, dealing with sidewalk cafes. It clarifies the requirements to obtain a permit, the types of materials that may be used, the clear path, et cetera. Chair Sarnoff All right. Is there a motion? Mr. Anido: Any questions? Commissioner Suarez: I make the motion. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Let me have a -- I don't know ifI opened up a public hearing. Public hearing. Anybody wishing to be heard on SR.2? Seeing no one, hearing no one, SR.2, the public hearing is closed, coming back to the Commissioner [sic]. Any further discussion? Hearing none, SR.2 City ofMiami Page 53 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 is an ordinance. Madam City Attorney. 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 adopted on second reading, 3-0. SR.3 09-01231 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Community 2, ARTICLE XI OF THE CODE OF THE CITY OF MIAMI, AS AMENDED, Development ENTITLED "ADMINISTRATION/ BOARDS, COMMITTEES, COMMISSIONS," BY AMENDING SECTION 2-1302 OF DIVISION 19, ENTITLED "HOUSING AND COMMERCIAL LOAN COMMITTEE," TO AUTHORIZE THE CITY MANAGER TO APPROVE LOANS AND GRANTS, AND SUBORDINATION AGREEMENTS, RESTRUCTURING PLANS AND REPAYMENT PLANS FOR LOANS AND GRANTS, PROVIDED UNDER THE CITY OF MIAMI'S SINGLE FAMILY REHABILITATION AND HOMEBUYERS FINANCING PROGRAMS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01231 Legislation FR/SR 1-14-10.pdf 09-01231 Summary Form FR/SR.pdf 09-01231 Public Notice FR/SR.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 13124 Chair Sarnoff SR.3. George Mensah (Director, Community Development): Mr. Chair, SR.3 is an ordinance of the Miami City Commission, amending Chapter 2 of the Code of the City ofMiami, to -- and this is to authorize the City Manager to approve loans and grants and subordination agreements under the single-family programs. Chair Sarnoff All right. Is there a motion on SR.3? Commissioner Suarez: I make the motion. Chair Sarnoff All right. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff It's a public hearing. Anybody wishing to be heard on SR.3, the Housing and Commercial Loan Committee; to authorize the City Manager to approve loans and grants and subordinate [sic] agreements? Anybody wishing to be heard on SR.3? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Any further discussion, gentlemen? Hearing none, Madam City Attorney, SR.3 is an ordinance. The Ordinance was read by title into the public record by the City Attorney. City ofMiami Page 54 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. SR.4 09-01232 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY ADDING A NEW SECTION TO REQUIRE THAT ALL ELECTED CITY OF MIAMI COMMISSIONERS, THE MAYOR, APPOINTED OFFICIALS AND DEPARTMENT DIRECTORS COMPLETE AN ETHICS COURSE; AND AMENDING ARTICLE VI, SECTION 2-654, ENTITLED "LOBBYISTS", TO REQUIRE THAT LOBBYISTS COMPLETE AN ETHICS COURSE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01232 Legislation SR 1-14-10.pdf 09-01232 Employee Development Program FR/SR.pdf SPONSORS:HONORABLE MAYOR REGALADO CHAIRMAN SARNOFF 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 13125 Chair Sarnoff SR.4. Julie O. Bru (City Attorney): SR.4 is your ordinance, Mr. Chair. Chair Sarnoff I'm sorry. All right, this is the ordinance that requires us, as elected officials, City Manager, his directors, to take an ethics course, not to make us ethical, but simply put, so that none of us get to have an excuse "Gosh, I just didn't know." That ethics course will have zero impact to the City ofMiami, as the County has agreed to provide the course. The only change, gentlemen, in this ordinance is -- and I don't want to violate anybody's constitutional rights -- it requires us to take the course within 90 days of being elected so that there is no impediment that prior to us being sworn in that we have to take a course. However, I think you'll find it more constitutional sound if we do it within 90 days. As to lobbyists -- I don't see any in the audience. Isn't that sad? Maybe that's a good thing. As to the lobbyists, they're going to have to take that ordinance [sic] before they lobbyist [sic], so -- Vice Chair Carollo: I move it with modifications. Chair Sarnoff Sure. Go ahead. Vice Chair Carollo: I move it with modifications. I mean, I'm -- Chair Sarnoff State them. Vice Chair Carollo: Well, the same modifications that was passed on the last time. City ofMiami Page 55 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Why don't -- I don't recall -- Vice Chair Carollo: We passed -- it says passed on first reading with modifications. Priscilla A. Thompson (City Clerk): What that normally means -- and if I'm -- the City Attorney would jump in with me. When you tell us or give us modifications at that meeting, before it comes to you at second reading, they modify the new legislation so what you said at first reading should be included in today's legislation. Vice Chair Carollo: Thank you for that -- Ms. Thompson: Okay. Vice Chair Carollo: -- Madam City Clerk. So I move it. Chair Sarnoff All right. Is there a second? Commissioner Suarez: Second the motion. Chair Sarnoff All right. Any discussion, gentlemen? All right, hearing none, it's a public hearing. Anybody wishing to be heard on SR.4, teaching elected officials how to be ethical? No. Hearing none, seeing none -- I would have thought the whole room would have stood up. Madam City attorney, SR.4 is an ordinance. Ms. Bru: It's an ordinance -- Ms. Thompson: Excuse me, Chair. Excuse me. Before Madam Attorney reads it, we just want to make sure that -- I'm showing this as modified based upon the two modifications that you just stated at this reading or are they already included in --? Chair Sarnoff No. They were included. Ms. Bru: Yeah. Ms. Thompson: Okay. Thank you. Chair Sarnoff They were included. Vice Chair Carollo: That's why I think we were establishing what I was making the modifications and you established that they're included. Ms. Thompson: Right. Okay. Thank you. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted, 3-0. SR.5 09-01361 ORDINANCE Second Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS City ofMiami Page 56 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 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 ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez 13126 Chair Sarnoff All right, SR.5. Hector Mirabile: Dr. Hector Mirabile, director of Deparhnent of Employee Relations. It is an ordinance of the Miami City Commission amending Chapter 40, Article III of the Code of the City ofMiami, 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. Chair Sarnoff All right. Is there a motion on SR.5? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right. It's a public hearing. SR.5 is an amendment to the Civil Service Rules and Regulations with regard to furlough days. Anybody from the public wishing to be heard on SR.5? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, SR.5 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 adopted on second reading, 3-0. SR.6 09-01366 ORDINANCE Second 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 City ofMiami Page 57 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Direction by Chair Sarnoff to the Administration to meet with Vice Chair Carollo, as well as newly -elected Commissioners for Districts 1 and 5, to discuss matters relating to the increase of various fees throughout the City ofMiami Code. Chair Sarnoff All right, 6 and 7 are being deferred until -- Pedro G. Hernandez (City Manager): Mr. Chairman, it will be continued to the first meeting in February. Chair Sarnoff Do we need a motion on that? Vice Chair Carollo: I move. However, I want to discuss this item, so want to make second for -- Chair Sarnoff Well, I guess, if we're going to discuss the item -- Vice Chair Carollo: Well, I just -- I want to know why it's being deferred. Chair Sarnoff Well, that's a fair question. Vice Chair Carollo: Okay, I want to know why it's being deferred. I have asked for information on SR. 7 since I first came here and I have still not received it. So I am really concerned, because if this does not get approved as part of last year's budget -- and I don't see any concern as far as obtaining other fundings, so I want to know why it's being deferred. Mr. Hernandez: Commissioner, I believe that you had asked for a copy of the study that has been provided on the City fees, when they were last changed, the rationale, et cetera, comparison to other municipalities. I know that Larry Spring has been working on providing information along those lines. We provided a copy of the study. We provided also, but it was done yesterday, a summary of the fiscal impact of SR. 7, and we felt that it was better to allow for that information (UNINTELLIGIBLE) to be better analyzed before you actually voted on it. Vice Chair Carollo: I have a discrepancy with what you're telling me. First of all, let's start where you ended. As far as the fiscal impact, I have not received the amount. As a matter of fact, you told me that it was about $9 million or so, but that was the whole amount. Mr. Hernandez: Right. Vice Chair Carollo: And I specifically asked what about what we're voting on. Mr. Hernandez: Exactly. And then -- Vice Chair Carollo: I have not received an amount. Mr. Hernandez: -- as a -- that was sent out yesterday, sir. As a result of that question that it was nine, I wanted to determine how much was the prior item that was approved in the first meeting in October versus SR.7, and that information was made available yesterday. Vice Chair Carollo: Well, I have not received that information. I know when we met, I specifically asked for that. I have been asking for it since, you know, back when I first started. And again, this is being deferred, and I'm concerned. Because the fruth of the matter is this is going back to something that should have been approved, you know, prior to me being here. City ofMiami Page 58 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 And my concern is we still haven't passed this. Therefore, if we haven't passed this, the budget is out of whack for whatever amount is the fiscal impact of this. And should we choose not to pass this, I don't see anyone really having a plan B as far as where we're going to obtain the funding. As a matter of fact, I remember, my very first meeting, asking point-blank, do we have a plan B if this doesn't pass? And I remember clearly the answer was, "Commissioner, no," assuming that we're going to rubber stamp this. And I'm not going to rubber stamp any fee increase. So I'm starting to get concerned, because if this doesn't pass, we're going on a budget assuming that this had passed. So how are we going to make this amount up, which I still don't know what it is? Mr. Hernandez: Commissioner, before Larry speaks, I think it's important that let you know that this should have been passed in October or the first meeting in November. Vice Chair Carollo: I agree. Mr. Hernandez: Unfortunately -- Vice Chair Carollo: I agree. Mr. Hernandez: -- other things happened in the City beyond our control that wish they hadn't happened; otherwise, this would have been passed. It was passed on first reading by the Commission that was here at that time, and unfortunately, you're going to have to ride on the shoulders of that Commission at least for a while, and this is one of those cases. Vice Chair Carollo: Not a problem. However, I wanted to get this over with already to see where we're at, because this keeps getting deferred and deferred. And I just want to know if this does not pass -- because now we're a new Commission, so I'm not riding the shoulders of the old Commission. I'm saying, if we don't pass this, I want to know what the fiscal impact is and what we're doing to accommodate this fiscal impact. Mr. Hernandez: Commissioner, when the past Commission approved the budget, they approved the budget assuming that this was going to be approved. Vice Chair Carollo: Exactly. And now if it doesn't get approved, what are -- what's the Administration doing? Chair Sarnoff All right. Let's let -- Vice Chair Carollo: That's my question. Chair Sarnoff -- the chief financial officer tell us what the fiscal impact will be, and then tell us why he's been so dilatory in getting this information to us. Larry Spring: Larry Spring, chief financial officer. Again, Commissioner, when I came up here the first time to present this item to you, I explained to the entire Commission the basis by which we arrived at these fee increases was not a comparison basis but rather a cost basis analysis. That analysis was provided to you. While I was out these two days, I know the Budget director did an analysis of what this ordinance -- the financial impact of this ordinance -- of the one that you're considering now would have. I believe in the agenda review a couple of -- probably a couple of meetings ago, you know, not here on the record, but did state that the plan B would be we would have to go back and look at additional cuts, i.e., probably layoffs at this point, additional layoffs. So I don't want you to feel like there is no plan B. That's the only other direction we can go in. Vice Chair Carollo: That's what was told, sir. City ofMiami Page 59 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Spring: Okay. Well, today -- well, then let me clear it up and say that plan B -- we would have to go and look at additional cuts citywide in order to deal with this. Now, with regards to the fee again, it was not done on a comparison basis. You're asking for some very specific information, and I believe I talked to you in person that it was a lot of information, because if you look at the legislation itself you're talking about thousands of different fee items that we need to go and do a -- how does -- what does Coral Gables charge for this .5 cent fee, and it is a gargantuan, you know, accomplishment to get you this information, and I want you to have the information. It's not like we're frying to hide it. It was just when we went through this whole process -- and that cost basis analysis was not done from one day to the next. It took about six or seven months for them to do it. So the basis by which the prior Commission -- and you're not that Commission -- agreed to include this in the budget was based on a cost basis analysis, and you do have that cost basis analysis. Vice Chair Carollo: That's what you provided, I believe, yesterday? Mr. Spring: No. I actually provided that to you about three weeks ago. Vice Chair Carollo: When was this, because I haven't received it? When was this? When did you provide this? Mr. Spring: It was at the last Commission meeting when we deferred the item. I actually gave you that report. Vice Chair Carollo: And I gave it back to you, because you told me it was not complete. Mr. Spring: No. I -- Vice Chair Carollo: And I said, please give it to me when it's complete. Mr. Spring: No. You still have that report. You did not give it back to me. Vice Chair Carollo: Well, we're in disagreement then. But I remember you specifically telling me, "No, that's not complete." And I said, please give it to me as a whole. I don't want to piecemeal it. Chair Sarnoff So, Larry, could you give him a cost basis analysis with Coral Gables, Hialeah --? Mr. Spring: No. Our cost basis was based on what does it cost the City -- Chair Sarnoff You're right. I'm using the wrong words. Mr. Spring: Yeah. Chair Sarnoff Comparison. I apologize. Mr. Spring: Okay. Chair Sarnoff Could you give him a --? Mr. Spring: I can give him a comparison. We have comparisons for, for instance, marina fees, but those are approved by the City Manager and not by the Commission, and thus, they're not in that legislation. I can give you a fee comparison for a parking, but that has already been passed by the City Commission. It does not -- City ofMiami Page 60 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Pick out -- pick something out that we're about to approve that is a fee. Mr. Spring: What's in there, the certificate of use? Mr. Hernandez: CU (Certificate of Use). Chair Sarnoff All right, CU. What does a CU cost for here versus a CU in Coral Gables versus a CU in Hialeah verse --? Mr. Spring: I don't have that information in front of me. Chair Sarnoff And I know you don't, but could you do that? Mr. Spring: Yes, I could. Chair Sarnoff Could you do -- Mr. Spring: That's what I've been -- Chair Sarnoff -- it for -- listen to me. Could you do a forensic accounting? Pick out five fees just to do a comparison. Pick out CUs, use Coral Ga -- let me use your -- let me give you exemplar cities. Coral Gables, Miami Beach -- Vice Chair Carollo: Miami -Dade County. Chair Sarnoff Let me go -- Miami -Dade County. Vice Chair Carollo: Fort Lauderdale. And the only reason I'm doing this, Chairman Sarnoff -- and I'm sorry to cut you off -- is because I've already request this. I request this on the record. I've even mentioned the cities. We've established the cities already. Mr. Spring: And, Commissioner, I'm not denying that fact. I'm just telling you, when you look at the legislation -- the CUs, it's not one category. There's hundreds of them, so I've got to go and pick -- go and do five cities, ten cities at a hundred, and that's just dealing with one of the categories that's in this -- Chair Sarnoff Could you use five exemplars? Mr. Spring: Yes, but it will not satisfy the request of the Commissioner, which we're -- that's what we're frying to accomplish, simple as that. Chair Sarnoff Could you pick out five major examples in this? Vice Chair Carollo: Yes, once I take out the agenda item, go through it, and so forth, and pick them out. Yes. However, Mr. Chairman, I do want to point out that according to Mr. Spring, he's already given me this information in the last Commission meeting. If he already gave me this information -- and that's what you said -- then you should be able to -- Mr. Spring: Commissioner, I said I gave you the cost basis analysis, and that is what I said. I have come up here and said I did not give you the City comparison because it's not prepared yet. Vice Chair Carollo: Okay. Mr. Spring: And I -- City ofMiami Page 61 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Yes. Your answer is yes. I could pick out five or ten items to do a comparison. Mr. Spring: Okay. Chair Sarnoff Then let's do this. Vice Chair Carollo: However -- hold on, hold on, hold on -- I still want to know and I still do not know what is the fiscal impact of this if it's not passed? It's a simple question. Michael Boudreaux: Mike Boudreaux, director ofManagement and Budget. The first set of fee changes involved an increase of five percent of fees are approximately -- about $5.5 million. This ordinance is estimated to increase fees by $2.5 million, so the overall increase that we're looking for for this SR. 7, if it's not approved, is about a $2.5 million impact. Vice Chair Carollo: Okay. I have been seeking that answer since I first became [sic] here -- since I first became a Commissioner here. This is the first that I have heard the fiscal impact is 2.5 million. Chair Sarnoff Mr. Manager, the delay in -- Commissioner Suarez: IfI could chime in. Chair Sarnoff -- passing this ordinance -- what is the cost of us delaying this, 'cause it's got to be a cost? We haven't raised the fees. Vice Chair Carollo: And that's my point. That's exactly my point. Chair Sarnoff I know where you're going. Mr. Spring: I'm going to try to address this the best way I can. Because of the nature of the fees, they're user fees, they're volume based, and -- for instance, if a new business is not opening up, they're not going to come and get that certificate of use, so thus, we wouldn't have reached that goal. Again, these things were based on estimates that, you know, if the volume stayed at a certain level and "X" and "Y" happened -- Chair Sarnoff But your projection's going to go off. If this only becomes a law in the -- state of Florida -- this only become a law in the City ofMiami -- Mr. Spring: Laws of the City ofMiami. Chair Sarnoff -- in March, you're three or four months off your projection. Mr. Spring: Absolutely, Commissioner. And I believe I fried -- I've made -- I've tried to make that point. And again, all -- from my vantage as CFO (Chief Financial Officer), Commissioner, all I've been frying to do is satisfy the request that you made and also explain to you that the basis by which the prior Commission looked at this ordinance -- 'cause they passed it on first reading -- how it was analyzed and presented to them was a completely different basis by which you now want it, because, like you said, it is a new Commission, so you know -- Chair Sarnoff All right. Would you make sure, for my blood, that you sit down personally with Commissioner Carollo, provide him with whatever information he needs? And also, there's going to be two new Commissioners. I don't want this deferred on February 28 'cause somebody -- listen to me. Just listen to me. Please don't speak. I've got a long day. Maybe not as long as City ofMiami Page 62 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 yours, but it's a long day. All I'm asking you to do is do your best, your due diligence in making sure that Commissioner Carollo is aware of what he needs to know -- and I can't say you can do that -- and the other two Commissioners on this particular issue are briefed, because you're dead right, they weren't here to watch a hundred employees get fired, butt was. And I don't want to be here to watch 25 more employees get fired when they don't need to be fired. And you can be as due diligent as you want. All I need to hear from your lips, Larry, is "I fried my best." Mr. Spring: As always, Mr. Chair, I will make this commitment. If you want to give me -- we can meet today. You can give me the ones that you want or you can -- however you want, Commissioner, and we will make it happen. Chair Sarnoff SR.6, SR.7, is there a motion to continue to the February 28 agenda? Ms. Thompson: February? The next -- Chair Sarnoff Can we do this --? Mr. Hernandez: Commissioner, the SR.6 is supposed to be continued to February 11. The one we were just -- Chair Sarnoff Oh, I'm sorry. I -- Mr. Hernandez: -- discussing is SR.7. Chair Sarnoff -- was thinking January. February 11 you want it? Mr. Hernandez: No. The -- SR.6 to the 11 th. Chair Sarnoff All right. So we'll do them separately. Is there a motion for SR.6? Mr. Hernandez: SR.6 to the 11 th. Chair Sarnoff To February 11. Mr. Hernandez: And we're going to try to make every attempt possible to have this one on the 28th because of its significance. Chair Sarnoff Okay. Is there a -- let's do it one at a time. SR.6, is there a motion as stated? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, SR.7, you want to the January 28 agenda, is that correct? Mr. Hernandez: Yes, sir. Well -- Chair Sarnoff Is there such a motion? City ofMiami Page 63 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Hernandez: -- make every attempt to have it there. Chair Sarnoff Is there such a motion? Commissioner Suarez: So moved. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Discussion. Chair Sarnoff Go ahead with discussion. Vice Chair Carollo: Again, Larry, I'm not here to give you a hard time, beat you up, or anything like that. However, I just want to make sure that we do take the City finances seriously. I want to make sure that we move on this as soon as possible, because the fruth of the matter is that, as Chairman Sarnoff well mentioned, the more we take -- the longer we take in passing this or not passing this, the longer we're in limbo. And honestly, I'm concerned about the City's finances, and I really haven't seen that urgency from the Administration as far as -- listen, if this doesn't pass, what was the fiscal impact? This is the first time that I heard it, and I want you to know how dire that is -- 25 jobs -- when we start approving projects left and right that cost millions of dollars, okay. So if we're in dire needs now, I don't want you coming back saying, "Oh, we couldn't approve this project," and so forth, and "It's really not that bad, and we can afford it," you know. Because with this urgency now that we're losing jobs and so forth -- and to be honest with you, if we're going to lose 25 jobs -- that's why I was a little careful as far as adding an additional six positions. Because what I want is that in order to pass an ordinance, that we don't paint the picture one way and then paint the picture another way when we want to pass another ordinance. And you know about that, Chairman Sarnoff. Chair Sarnoff I do (UNINTELLIGIBLE). Vice Chair Carollo: You know exactly what I'm talking about. So I just want to make sure, if we are in a position of financial constraints -- I don't want to say financial emergency, but financial difficulties, that we are addressing it; and that, on one hand, it's not that big of a deal, and then on the other hand, oh, we're going to lose 25 jobs. Yes, it's going to cost jobs. As a matter of fact, maybe there's other ways to cut or other areas where it's not jobs. I don't know. Maybe it could be programs. I mean -- but the bottom line is and my point of all this is I'm just seeing this constantly being deferred and deferred, and I want to get down to it and address the issue. You know, are we going to pass this or not? And if not, I want to make sure there's a plan B, because this dealing with something that should have been passed in the last Commission or the last year's budget. Mr. Hernandez: Commissioner, let me really be clear on this. We need this item to be passed. Vice Chair Carollo: Well -- Chair Sarnoff All right. Let's go. We have a motion. We have a second. Mr. Spring: Mr. Chair, may I? I just want to say one thing and be clear. Chair Sarnoff You know, a judge once gave me some really good advice. Mr. Spring: And I know what it was, and you've given it to me before -- Chair Sarnoff Okay. City ofMiami Page 64 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 SR.7 09-01136 City Manager's Office Mr. Spring: -- but I do need to say this. I take my job very seriously; this Commission, everybody here knows that, and I think I've tried to portray that to you, as well. I take the City's finances as if they were my own, and I just want you to know and understand I do take it very seriously. Of course -- particularly, because it's my professional reputation that stands behind this, and I don't want anybody -- I don't want you to leave here today or anybody who's watching to say, oh, well, this guy, he's not -- I'm not being urgent. I have been urgent about this. I was around when we were doing all the layoffs, and I didn't like it, butt had to do it. I had to be the crafter of this -- help craft this budget and come up with these fee increases knowing that even the Commission before did not particularly want to do that, but it was what we had to do. I will meet with you. I'm committed to doing it. We'll select some that we can show you a comparison, and I have others that I will also provide to you, ones that I've already developed and had for you, and we will get pass this issue. But it is an urgent issue, and I've tried to convey that it's urgent in the times that I've been before the Commission speaking on the item, and I just want you to know that today before you leave, Commissioner. Vice Chair Carollo: Thank you, Larry. I'm looking forward to working with you. And, again, I could have very easily just let it go and defer it. However, I thought that, you know, we needed to already, you know, establish when this was going to be settled and so forth and what information I was going to get and when I was going to get it and so forth. Because the truth of the matter is, as time progress, I become more concerned that something that was -- or should have been approved for the 2010 budget still hasn't been approved. And I don't see any alternative plan as far as if this doesn't get passed, where that funding's going to come from. So with that said, I say we vote on the item and defer it. Chair Sarnoff All right. Call the question. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff No public hearing on a continuance. Mariano Cruz: (UNINTELLIGIBLE) ordinance. Chair Sarnoff Not on a continuance I don't need a public hearing. Mr. Cruz: No? Chair Sarnoff On a continuance? We haven't voted on the ordinance. Mr. Cruz: Oh. Chair Sarnoff No. I promise you, I'll invite you up here. I already know what you're going to say, but we're going to hear it again. Fair enough? Mr. Cruz: You don't know what I'm going to say. Chair Sarnoff Oh, sure you are. I want the paraclete speech. Mr. Cruz: You have the (UNINTELLIGIBLE). Chair Sarnoff I want the paraclete speech. All right. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE City ofMiami Page 65 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01136 Summary Form FR/SR .pdf 09-01136 Legislation FR/SR.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item SR. 7 was deferred to the Commission meeting currently scheduled for January 28, 2010. Note for the Record: For minutes relating to item SR.7, please refer to item SR.6. SR.8 09-01233 ORDINANCE Second Reading Department of Public Facilities AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 53/ARTICLE IV/SECTION 53-181 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUM AND CONVENTION CENTERS/CONVENTION CENTER OF THE CITY OF MIAMI/UNIVERSITY OF MIAMI, JAMES L. KNIGHT SCHEDULE OF FEES," BY ESTABLISHING RENTAL FEES FOR SPACE RENTAL WITHIN THE MIAMI CONVENTION CENTER; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-01233 Legislation SR 1-14-10.pdf 09-01233 Summary Form SR 1-14-10.pdf 09-01233 Floor Plans FR/SR.pdf 09-01233 Memo FR/SR.pdf 09-01233 Text File Report FR/SR.pdf 09-01233 Agreement FR/SR.pdf 09-01233 Certified Extra of Minutes FR/SR.pdf 09-01233 Execution of Contracts FR/SR.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 13127 Chair Sarnoff All right, SR.8. Daniel Newhoff (Assistant Director): Good afternoon. Daniel Newhoff Department of Public Facilities. SR.8 is an ordinance of the Miami City Commission amending Chapter 53, Article IV, Section 53-181 of the Code of the City ofMiami, Florida, as amended, entitled "Stadium and Convention Centers/Convention Center of the City ofMiami, by establishing rental fees for space within the Miami Convention Center; containing a severability clause and further providing for an effective date. Chair Sarnoff All right. Do I have a motion on SR.8. Commissioner Suarez: Moved. Chair Sarnoff Is there a second? City ofMiami Page 66 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Second. Chair Sarnoff All right. SR.8, I am opening up to the public. It is the City ofMiami convention space at the -- that was formerly the University ofMiami, James L. Knight schedule offees. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. There is a lot of -- I don't see anybody here 'cause they don't know. (UNINTELLIGIBLE) didn't hear about this, about the Knight Center because they -- the (UNINTELLIGIBLE) is going to be there January 31 in Cuba, and I'd like to know how I -- how much are they paying -- the security measures are going to be taken, because there's going to be a lot of people picketing there? Are we going to pay -- the City's going to pay for the security or whoever is bringing the (UNINTELLIGIBLE) going to pay for security? Because we are not in financial position to pay security for these people that sign for the execution of people and the people in jail, all that. You don't know this, butt got 15, 20 of my friends have been killed in all this 51 years of tyranny there , and now we bring the (UNINTELLIGIBLE) here. I'm not against the (UNINTELLIGIBLE) or the music, but can any -- can I go there to the (UNINTELLIGIBLE) of the revolution and make a speech there? No. I not allowed to go there. And this is taxpayer facility. Chair Sarnoff Do you want to talk about the schedule offees? Mr. Cruz: No. That's what want to know -- Chair Sarnoff Okay. I just was curious. Mr. Cruz: -- how much are they paying and the security. Chair Sarnoff I just wanted to make sure you didn't want to say anything about the schedule of fees. Mr. Cruz: No. I am not opposed to it. They can come. Even Fidel Castro can come here; doesn't bother me. Chair Sarnoff Okay. I just want to make sure. I'll tell you what, after the Commission meeting, I'm going to have you meet with the City Manager, and he will answer your questions since it wasn't an agenda item, but think it's a worthwhile question. I think it's given -- certainly to have a worthwhile answer. I wasn't aware of what you said. I'll actually attend the meeting with you, 'cause I'd like to know the answer to the question. Mr. Cruz: You will see how much people going to be -- Chair Sarnoff But it's not on the agenda today. Mr. Cruz: -- outside. Chair Sarnoff Okay. Anybody -- Mr. Cruz: -- the James L. Knight Center. Mr. Newhoff I can answer the question, if you like? Chair Sarnoff What's that? Mr. Newhoff I can answer those questions, ifyou like? City ofMiami Page 67 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Well, it wouldn't be an agenda item, but you can answer the questions privately, if you'd like. Mr. Newhoff No problem. Chair Sarnoff All right. Now -- Mr. Cruz: What about the transparency and sunshine? Chair Sarnoff Well, if -- here's the thing. We're talking about -- Mr. Cruz: I am not an elected official anyway. Chair Sarnoff -- the schedule of fees, Mr. Cruz, not the issues you wish to bring. And I respect the fact you want to bring up the issue. If you want to meet with the City Manager and -- Mr. Cruz: Sure, I'm going to meet. Chair Sarnoff Wait, wait. I'll even give you the opportunity. If he thinks it's worthwhile, he has the right to put any public appearance on the agenda, so -- and I would be more than glad to give you the time to have that stated publicly, but it's just not an agenda item today. Enough said. You can get your answer personally right there. Mr. Cruz: Sure, sure. Why not? I got (UNINTELLIGIBLE). Chair Sarnoff Okay. All right, anybody else from the public wishing to be heard on SR.8? Hearing none, seeing none, the public hearing is closed. Any discussion, gentlemen? All right, Madam City Attorney, 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 adopted on second reading, 3-0. Mr. Newhoff Thank you. END OF ORDINANCES - SECOND READINGS City ofMiami Page 68 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 ORDINANCES - FIRST READING FR.1 08-00687 ORDINANCE First Reading Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Employee Relations 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO AMEND AND UPDATE THE ORDINANCE; MORE PARTICULARLY BY AMENDING SECTIONS 40-245, 40-254, 40-255 AND 40-266; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 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 DEFERRED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item FR.1 was deferred to the Commission meeting currently scheduled for March 11, 2010. Chair Sarnoff FR.1, I did say that we would have a -- that we would continue this to a full Commission meeting. Gentlemen, can I get a motion for FR.1 for a continuance -- Commissioner Suarez: I move for the continuance. Chair Sarnoff -- for the first meeting in March? Commissioner Suarez: Move. So move. Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion and a second. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, this will be moved to the first meeting in March. FR.2 10-00004 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/LOBBYISTS," MORE PARTICULARLY BY AMENDING SECTION 2-654 TO PROVIDE THAT FAILURE TO REGISTER MAY SUBJECT THE ACTION OF THE CITY COMMISSION TO BE INVALIDATED, CONTAINING A SEVERABILITY City ofMiami Page 69 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Votes: CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00004 Legislation.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Chair Sarnoff FR.2, Mr. Manager: Oh, that's mine. I apologize. FR.2, gentlemen -- and I hope I did not misstate to you before, Commissioner Carollo. We pulled the lobbyist section out of the elected officials section so that there wouldn't be a 90-day provision for lobbyists. Vice Chair Carollo: Got you. Chair Sarnoff The lobbyists have to take this course prior to. Vice Chair Carollo: I understand. Chair Sarnoff And we actually put this in the section -- we have a small section of our Code for lobbyists, so we thought it was better draftsmanship to put it there. I apologize when I said it was the same ordinance. It is the same ordinance, with the exception elected officials have 90 days in which to complete. This is the lobbyist ordinance. They do not get that same pleasure. So do I have a motion on FR.2? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Chair Sarnoff All right. I'm going to hope up a public hearing. FR.2 is a requirement that lobbyists must take a ethics course, and I see Mr. Cruz, and you are recognized for the record. Mariano Cruz: Mariano Cruz. You know, I was out two hours 'cause I had to make some money, you know. I -- here, I don't make my money. It cost me money to be here, so I got to stay out for two hour. But lobbyists, there too many regulations for anybody that come here. The lobbyists can come here and talk as much as they want, and they get paid to be here. And now I was considered a lobbyist by the City Clerk. When I come here representing a CBO (Community Based Organization). I don't get remuneration, I don't get paid, I don't even get a coffee from ABDA, Allapattah Business Development Authority, and then there are people that they come here, they have a salary from a 501(3) [sic] c, and they get paid. So they are lobbyists, but they are not registered as lobbyists. A lot of people, you know -- so they consider me a lobbyist. They give me the paper because I say Allapattah Business Development, business. I -- that's my time I dedicate to my community. I don't get paid by going there, but they consider -- they want to consider me a lobbyist. They give me the paper and say you have to pay $500. Chair Sarnoff So, Mr. Cruz, are you a lobbyist? Mr. Cruz: Well, if -- according to the paper I get from the City Clerk, I am not because I don't get a remuneration, but -- Chair Sarnoff If you give your -- Mr. Cruz: -- they give me the papers. City ofMiami Page 70 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff -- if you're a lobbyist, you're going to have to sit in the same ethics course as us. We're going to save a seat for you. Mr. Cruz: I read your article in the paper. I might as well have written it myself. I read your article in the paper. Chair Sarnoff No, no, no, no. I want to invite you -- Mr. Cruz: Oh. I know Ethics 101. Chair Sarnoff -- I want -- so do I think I do, but you know what? We're going to sit there together, and we're going to take this ethics course. Mr. Cruz: Yeah, I'm sure. Chair Sarnoff Just to make sure in the event you are a lobbyist, you're registered. Mr. Cruz: Listen, all my money is federal money, United States Treasury. I got nothing from the City or the County or the State. And you know how the federal are, deficit spending. If they need money, they call China and they wire it to my account. Chair Sarnoff All right. Thank you, Mr. Cruz: Anybody else in the public wishing to watch lobbyists take an ethics course? Hearing none and seeing none, it is a first reading ordinance. Madam City Attorney -- gentlemen, any discussion? All right. Commissioner Suarez: Yeah. I think -- the discussion is I think that this ordinance is a little different from what -- Chair Sarnoff It is, than what I represented. This is the penalty provision of the ordinance for the lobbyists to -- who fails to register. Commissioner Suarez: Okay. Chair Sarnoff I've been misspeaking, and I apologize. It's not -- Commissioner Suarez: Oh. Chair Sarnoff -- with any deceptive intent. Commissioner Suarez: No, no, no. I didn't think it was. I'm just -- I just don't want you to be confused on what you're voting on, 'cause maybe you thought you were voting on something else. Chair Sarnoff Fair enough, fair enough, gentlemen. Vice Chair Carollo: Exactly. Chair Sarnoff I apologize. This is the penalty provision for a lobbyist who lobbies us that does not register and doesn't then demonstrate he's taken the ethics course. It's what happens to the resulting legislation and/or contracts that he brings up before us. Commissioner Suarez: Or she. Chair Sarnoff Essentially it's a redo. City ofMiami Page 71 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Exactly. Chair Sarnoff All right. So, Madam City Attorney, 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. END OF FIRST READING ORDINANCES City ofMiami Page 72 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 RE.1 09-01450 Department of Purchasing RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE ANNUAL RENEWAL OPTIONS SET FORTH IN THE SPECIAL SERVICE ARRANGEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND BELLSOUTH TELECOMMUNICATIONS, INC., PURSUANT TO RESOLUTION NO. 04-0694, ADOPTED OCTOBER 28, 2004, FOR THE PURCHASE, INSTALLATION AND MAINTENANCE OF THE POSITRON LIFE LINE 100 ANI/ALI CONTROLLER, FOR THE DEPARTMENT OF POLICE; ALLOCATING FUNDS SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 09-01450 Legislation 1-28-10.pdf 09-01450 Exhibit.pdf 09-01450 Exhibit 2.pdf 09-01450 Exhibit 3.pdf 09-01450 Exhibit 4.pdf 09-01450 Exhibit 5.pdf 09-01450 Summary Form.pdf 09-01450 Text File Report.pdf 09-01450 Broward.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 Note for the Record: Item RE.1 was deferred to the Commission meeting currently scheduled for January 28, 2010. Chair Sarnoff All right. We're up to resolutions, gentlemen. RE.1. Glenn Marcos (Director, Purchasing): Good afternoon, Commissioners. Glenn Marcos, purchasing director. The item before you is a housecleaning item in which we're seeking City Commission approval, authorizing the City Manager to execute the renewal options with BellSouth Telecommunications. The services being offered by BellSouth Telecommunications has to do with the 911 system of the Police Department. Chair Sarnoff Mr. Marcos, you ever watch the TV (Television) show "Leverage" with Timothy Hutton? Mr. Marcos: I don't. Chair Sarnoff No. Mr. Marcos: But I do it for a living. Chair Sarnoff Leverage? Mr. Marcos: All the time. Negotiations. City ofMiami Page 73 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff So ifI was a Commissioner -- and I don't know how they are -- that have double poles where BellSouth or FP&L (Florida Power & Light) went and put double poles up and nobody pays attention to me -- and you know how Commissioners hate when they don't get attentions paid to them -- I'd like to defer this item until somebody paid attention to me. Pedro G. Hernandez (City Manager): Mr. Chairman, I -- Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff They got my back, you could see that. But I'm trying to understand how I can get FP&L usually pays attention to me. BellSouth occasionally pays attention to me. The cable company never pays attention to me. I don't understand why you put a pole up. FP&L usually is diligent about changing their power lines. BellSouth is in the middle. You can never get the cable company to do anything. So your neighborhood is left with double poles for three, four, five years. It's an issue -- I'm not just bringing it up for the first time, Mr. Manager. This is about -- probably, publicly, it may be my first time. I've been dealing with this for over a year and a half. Everybody gives me lip service, so I'm going to call the question to defer this indefinitely, and I -- Mr. Hernandez: Although -- Chair Sarnoff -- my guess is you'll get somebody's attention. Mr. Hernandez: I think that -- Bill Anido (Assistant City Manager/Interim Public Works Director): Mr. Chair? Mr. Hernandez: -- we have already gotten, you know, the utilities' attentions [sic]. I know that David Hernandez from Public Works is coordinating a meeting with all the utilities that attached to FP&L poles to resolve this matter. FP&L has hardened their pole system, and the other utilities just, let's say, haven't had the incentive to switch over, because they pay either in one pole or the other pole. But understand that David is making that happen. Bill, if you can add something to it. Mr. Anido: Commissioner, that is correct, we're working on it. And you're also correct, AT&T (American Telephone & Telegraph) has always been a problem not only within the City; countywide, and we're in the process of trying to exert more pressure on them to remove their -- Chair Sarnoff See, but it's my intention to bring Chief Esposito, who's a good guy at leverage. When he makes a phone call and says "You realize this Commissioner held up something I needed because of you?" I'll bet you, just start naming your double poles guys, they'll come down right away. Because I suspect when Chief Esposito makes that call with some anger in his voice, it'll happen right away. I'm just playing the game leverage. It's the only leverage I have. Mr. Marcos: Commissioner, ifI may state for the record. The system that we're speaking about is a 911 system, and while I do believe that you would want to create leverage here, I think that you're riding it on the back of certain emergencies that might be taking place. Chair Sarnoff So ifI don't pass this today, I'm imperiling someone's life? Mr. Marcos: If you don't pass this today, then the renewal options won't be exercised, and at some given point in time you will have the 911 system fail. City ofMiami Page 74 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Is that point in time past January 28? Mr. Marcos: IfI can take a second here. Let me just make sure -- the item can come before you on January 28. Chair Sarnoff Packed agenda; don't know if we'll get to it, but I'll certainly move to continue it to January 28. Chief. Miguel Esposito (Police Chiefi: I will make that phone call. Chair Sarnoff I bet you would. Thank you, chief. Mr. Anido: We will be making that phone call tomorrow. Chair Sarnoff It's called leverage, gentlemen. Unidentified Speaker: It works. Chair Sarnoff Thanks. All right. I have a motion. I have a second. Vice Chair Carollo: By the way, the deferral is to January 28. Priscilla A. Thompson (City Clerk): I'm sorry? Vice Chair Carollo: Deferring to January 28. Ms. Thompson: Yes, that's correct. Chair Sarnoff I have a motion and a second, correct, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you. RE.2 09-01451 RESOLUTION BayfrontPark A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING THE Management Trust AWARD TO AD SYSTEMS, INC., PURSUANT TO RESOLUTION NO. 08-0004, ADOPTED JANUARY 10, 2008, FOR THE PURCHASE, COMPLETE INSTALLATION, OPERATION AND MAINTENANCE OF AN UPGRADED OUTDOOR ELECTRONIC MARQUEE SIGN ("MARQUEE"), REPLACING THE CURRENT MARQUEE AT BAYFRONT PARK, PURSUANT TO REQUEST FOR LETTERS OF INTEREST NO. 04-05-098; AUTHORIZING THE BAYFRONT PARK MANAGEMENT TRUST TO NEGOTIATE AN AGREEMENT WITH DADE MEDIA, INC., THE SECOND -RANKED FIRM, FOR THE SAME PURPOSE. 09-01451 Legislation.pdf 09-01451 Cover Memo.pdf 09-01451 Minutes.pdf 09-01451 Letter.pdf 09-01451 Master Report.pdf City ofMiami Page 75 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 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-10-0011 Chair Sarnoff All right. We have RE.2. Tim Schmand: Good afternoon, Commissioners. Tim Schmand, Bayfront Park Management Trust, 301 North Biscayne Boulevard, Miami, Florida. The item before you today is the -- a request from the Bayfront Park Management Trust for the City Commission to rescind the award to AD Systems, Inc., in resolution number 08-004, adopted on January 4, 2008, which authorize the Trust to enter into negotiations with the first -ranked firm AD Systems for the purchase and complete installation of a marquee sign, and then further authorizing us to enter into negotiations with the second -ranked firm. Chair Sarnoff Is there a motion? Vice Chair Carollo: So moved. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Chair Sarnoff All right. Vice Chair Carollo: Discussion. Chair Sarnoff A motion with discussion. Let me open up to a public hearing. Anybody wishing to be heard on RE.2, Bayfront Management Trust, Outdoor Electronic Marquee? Hearing none, seeing none, comes back to the Commission. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Mr. Schmand, I just want to put on the record, as, you know, we spoke -- and I actually toured the location and so forth -- that even though I'm going to vote to approve this in order for you to start negotiating, as you know, I have a concern as far as the signage, the size. I think it may damage the character of the park, something of that size. So although I'm going to approve this, I do want to be able to work with you as chairman of the Bayfront Park Trust. And also that anything that may be negotiated, it's my understanding, it has to come back to this City ofMiami Commission, correct? Mr. Schmand: Absolutely correct. It's going to require, you know, at minimum, the Bayfront Park Management Trust's approval, then the further approval of this Commission. Vice Chair Carollo: Okay. So you know my concerns. Mr. Schmand: Absolutely. Vice Chair Carollo: Thank you. That's all. Mr. Schmand: Thank you. Chair Sarnoff All right. We have a motion. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 76 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 RE.3 09-00940 Civilian Investigative Panel Votes: Chair Sarnoff All right. Mr. Schmand: Thank you all. Chair Sarnoff It passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE TOTAL ANNUAL BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, IN THE AMOUNT OF $464,000, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00940 Legislation 11-19-09.pdf 09-00940 Exhibit 1 11-19-09.pdf 09-00940 Exhibit 2 11-19-09.pdf 09-00940 Cover Memo 11-1-9-09.pdf Motion by Chair Sarnoff, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez Note for the Record: Item RE.3 was deferred to the Commission meeting currently scheduled for March 11, 2010. Chair Sarnoff RE.3. You're recognized for the record. JanetMcAliley: Thank you, Commissioner Sarnoff. My name is JanetMcAliley. I am a member of the Civilian Investigative Panel. I live at 3 Grove Isle Drive, in the City ofMiami. Reading the resolution: "A resolution of the Miami City Commission, with attachments, approving the total annual budget for the Civilian Investigative Panel, in the amount of $464, 000, attached and incorporated, for the fiscal year commencing October 1, 2009 and ending September 30, 2010." As a member of the panel, I would, if -- with your approval, make a few comments. We are -- have been severely limited by the City budget constraints and the reduction of our budget by more than 50 percent. We had nine people employed by the CIP (Civilian Investigative Panel) and now there are just four. However, given the situation with our lease, which is now for space that we do not need because of reduction in staff we have asked for help in getting out of that lease, which is $105, 000 a year. And we have a City employee who has been rolled back to a position of $85, 000. And by the way, I've neglected to introduce Carol Abia, who has been a marvelous employee for the Panel, and has been reduced now from interim executive director to investigator. And Brenda Shapiro. As most of you know, she is our immediate past chairperson of the Panel. We are, at this rate of spending in obligations that we have with the lease and the rollback position, spending beyond our budgeted $464, 000. We are hoping to have the City Attorney's help in getting out of that lease for -- which would help us a lot to make ends meet, but if that doesn't happen, we will be spending -- we are spending at $43, 000 more than you've appropriated for us. We are in a situation that we are frying to deal with, but we need your help in doing that. We understand the City's fiscal difficulties. We do not expect you to appropriate more money for us at this point, although we'd certainly like that. But we need help with this budget, because we're in a situation that we are boxed in by circumstances that we did not anticipate. Chair Sarnoff Gentlemen. Commissioner Suarez: Where do I begin? When you initially came -- it wasn't you; it was one of your other members. Mr. Rebull came, and he initially asked for an additional sum of money. Vice Chairman Carollo at the time actually said, "Well, in looking at the breakdown, that there's City ofMiami Page 77 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 probably areas that we can cut, " and I -- it certainly perked my attention, whenever someone says that there are areas that can be cut from the budget. And maybe I missed it the first time thatl looked at it, but the first time that looked at it in the salaries and operating kind of breakdown that you guys have offered us where there is a director, there's a dash, and where there's independent counsel, there's a dash, which makes it almost seem like there isn't a director or there isn't an independent counsel, but there's an asterisk there. And in very, very small print on the bottom of that Excel spreadsheet, there is a little note that says -- I can say it very low 'cause it's like in small print. It'll say, "Independent counsel total compensation, $175, 000. " Ms. McAliley: And that has -- Commissioner, Suarez, ifI may -- Commissioner Suarez: Yes. Ms. McAliley: -- been an issue that the CIP has been trying to deal with. Going to a part-time independent counsel -- Commissioner Suarez: How's it going? Ms. McAliley: -- died on a tie vote in our November meeting. And to be fair, the independent -- Commissioner Suarez: We could help you break the tie. I think we could help you break the tie. If we reduce your budget, do you think that will help break the tie? Ms. McAliley: Please don't reduce it anymore. We are frying to fulfill our mission as a designated by the ordinance, which 73 percent of the voters in the City ofMiami approved, and it's very, very hard. We do in the have an executive director, as such. Now -- and our independent counsel is -- has taken on a lot more responsibility, and he's already been cut by $40, 000 from his original contracted amount. And there -- the Panel itself has been divided on going to a part-time independent counsel, and that has yet to be resolved. Commissioner Suarez: Let me ask you a question. How often does your body meet? Ms. McAliley: We meet every month, but we have numerous committee meetings also. Commissioner Suarez: Okay. So in essence, you meet once a month with also various committee meetings that you said you have -- how many committee meetings would you say you have on a given month? Ms. McAliley: Often -- Carol, you could answer that. Carol Abia: We have a standing complaints committee. It meets every month. And the other committees -- there are several committees. We probably have about 25 or more committee meetings for the year. Commissioner Suarez: Right. Okay. Well, we have a responsibility to the people that we represent. And we earlier debated whether or not we were going to raise fees to the merchants in the City ofMiami and the kind of impact that that would have on our budget. It's a budgeted, noncollecting item at this particular moment, with an impact, if my math serves me correct -- if it's a 2.5 total impact, it's a $200, 000 monthly impact, roughly. Two point five divided by twelve. So to answer the Vice Chairman's question about a plan B in terms of whether or not we -- how we plug that hole if we were to decide not to increase those fees, I think we're going to have to find -- start finding ways to do that from our budget. And I -- I'm sorry, butt find it unjustifiable for me to tell someone in West Little Havana that we are paying an independent counsel for a body that meets once a month and whatever other times it meets, that we're paying them $175, 000. That's just -- to me, that's irresponsible. City ofMiami Page 78 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Brenda Shapiro: IfI might, Commissioner. Commissioner Suarez: Of course. Please. Ms. Shapiro: Brenda Shapiro, 1861 Southwest 21 st Terrace. Commissioner Suarez: Yes. Ms. Shapiro: When you say that you need to be responsive to your citizens and to the citizenry, I would remind you that 73 percent of the citizens in the City ofMiami asked for the creation of this panel. This was not created by the Commission. This was created by the voters. That's my first response. My second response is the number of times we meet during the month is not what's persuasive. We process over 300 citizen complaints. An independent counsel's task is to go through those 300 complaints received from the citizens of the City ofMiami alleging police misconduct. He has to go through each and every one of them. He has lost three staff people who used to assist in that. Every policy change made by the Police Department by ordinance has to come to us for review. We used to have a person who did that. He now has to do that. And as Ms. McAliley pointed out, we have been fiscally responsible. His salary was cut $40, 000 last year. We have also been responsible -- and I know Commissioner Sarnoff knows this -- in dealing with staff issues. We have an executive director who was going to be paid $168, 000 a year, and we took the very strong position that to be fiscally responsible, we couldn't afford that. But right now four people are doing what ten or nine used to do, and we were cut by more than 50 percent. The same 300 complaints still come in, and they come in daily. Commissioner Suarez: I understand. That's essentially one complaint a day. There's 365 days in the year, so it's essentially one complaint a day. So it's a full-time job, I understand. The question is in a full-time job -- first of all, the median income of a citizen of the City ofMiami, if I'm not mistaken, is somewhere in the 30,000 or $40, 000. If you would have put the question to the voters as to whether or not -- if we were to have on a referendum, item by item, each expenditure here, I promise you, having run for office and having gone door to door, that there - - you would have gotten a 95 percent -- you would have lost 95 percent, you know, to 5 percent on this particular item in the district. In other words, the -- it doesn't -- in -- what I'm saying is not that the Civilian Investigative Panel is not good or is not -- shouldn't be in effect or that the voters wouldn't want it. What I'm saying is we're getting into the nitty-gritty. We're getting into the specifics, and our responsibility, broadly speaking, not just in relation to this item -- I had a very big objection with another agency's attorney's fees today that were trying to get -- to have them raise the first quarter of this fiscal year from 28,000, you know, to 41,000 when they had only spent $3, 000. So, you know, what I'm getting at is we have a culture in the City ofMiami. We're a poor city. We have poor residents, and we're paying a lot of money. This is public sector work. This is not to be competitive with the private sector. This is -- whoever wants to work for the public sector, please understand and know that you're going to take a pay cut to work here. Ms. Shapiro: Respectfully, Commissioner. Commissioner Suarez: Please. Ms. Shapiro: An attorney with 26 years of experience would make far more in the private sector than our independent counsel makes, and everyone acknowledges that. Also, the citizens of the City ofMiami don't get to vote your salary. They don't get to vote anybody's salary. Commissioner Suarez: They did vote on our salary. Chair Sarnoff Actually, they did vote for our salaries. City ofMiami Page 79 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Commissioner Suarez: They did vote on our salary. They did. Ms. Shapiro: The Commission raised its salary. Commissioner Suarez: Right. And they voted on it. Chair Sarnoff No. The citizens did. Commissioner Suarez: Right. Chair Sarnoff The citizens. Ms. Shapiro: The Commission voted on it. Chair Sarnoff No. The citizens did. Commissioner Suarez: No. The citizens voted on it. And it's also a -- Ms. Shapiro: Then I -- Commissioner Suarez: -- fraction of what this gentleman's going to be making, so you know, my point is if you want us to help you find another lawyer, we can help you find another lawyer that will gladly do it for less money and have the same responsibility and put in the same number of hours. Ms. Shapiro: With the same experience? Commissioner Suarez: Certainly. Ms. Shapiro: Municipal experience of 26 years? Commissioner Suarez: Certainly. In fact, if you want -- Ms. Shapiro: Would you give us a list of those, please? Commissioner Suarez: Sure. We can defer it -- Ms. Shapiro: Good. Commissioner Suarez: -- and I'll fry to come up with a list between this meeting and the next meeting. IfI can't, I can't, but I'll fry. Certainly, I think you deserve that, and I think -- you know, because my -- the option for me is to reduce the budget by $50, 000 and leave it up to you to decide whether you cut his salary 50,000 or whether you take it somewhere else. I just find this -- and kind of the way that it's presented, you know, where it's not here on the schedule and it's down as an asterisk. I just find it to be a little bit offensive to the voters and the residents. Ms. Shapiro: Commissioner, if we could get out of our lease, we wouldn't be standing here overspending. Commissioner Suarez: And if you could get out of your lease, I would still have a problem with you paying your lawyer $175, 000. I still would. I'm sorry. Because it's not about -- you know, it's about what we're paying certain people that is just out of control. It's -- that's my perspective. City ofMiami Page 80 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Abia: I'm sorry. Carol Abia. The independent counsel -- the reason why you're seeing an asterisk is that we had a chart of the salaries for employees. Independent counsel is not an employee, so he comes in under our operating -- under other contractual services. What we did was we wanted to make it clear that there is 175,000 that's being paid, so he shows up one, on the list of salaries, and two, under other contractual services, and it's shown in the other contractual services where we show again his salary. So it was not intended to be hidden in some way. It shows up twice, actually, where everybody else shows up once. Commissioner Suarez: Thank you. Chair Sarnoff Commissioner Carollo. Vice Chair Carollo: Yeah. I have a few questions, and some I just may just not even ask, and see if we could move this forward. When you say you have about 300 complaints a year -- Ms. Shapiro: We have more than that. Vice Chair Carollo: Okay. Let's say about 300 complaints. Are you including the ones that come from Broward or the ones that come from Hialeah or so forth? 'Cause it's my understanding that you also -- Ms. Shapiro: Miami. City ofMiami. Vice Chair Carollo: Okay. 'Cause it's my understanding that complaints are coming from Broward and from other areas that then a committee either votes up our down or you move forward, so I just want to make sure that all the -- Ms. Shapiro: They're all from the City ofMiami. Vice Chair Carollo: Okay. So when you say that we take "X" number of complaints, they are from the City ofMiami? Ms. Shapiro: Absolutely. We get them from Internal Affairs and from direct files. Vice Chair Carollo: Okay. Ms. Shapiro: We review every complaint that the Department of Internal Affairs has, plus we get direct files from citizens who come directly to us. Vice Chair Carollo: Question. When you said that it was 73 percent approved by the voters, what year was that? Ms. Shapiro: In 1999 -- 2001 is -- the referendum was in 2001. Vice Chair Carollo: Two thousand and one? Do you think it will pass by referendum again? Ms. Shapiro: Overwhelmingly. Vice Chair Carollo: You think so? Ms. Shapiro: I know so. Vice Chair Carollo: Okay. Ms. Shapiro: The Civilian Investigative Panel is part of the excellent record of this Police City ofMiami Page 81 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Department. It is part of the reduction in crime. The role that we play is crucial. The citizenry has to trust and rely upon its police department. They voted for this at a time when they didn't rely upon or trust their police department, and they have had reason to restore trust in police department in no small measure because of what the Civilian Investigative Panel did and was [sic] continued to do. Vice Chair Carollo: So you credit -- we're assuming that -- Ms. Shapiro: No. I said it's part of. I don't take -- Vice Chair Carollo: Okay. Ms. Shapiro: -- full credit for that. Of course not. Vice Chair Carollo: Okay. Ms. Shapiro: The Department is responsible for that, changes in their procedures, changes in their policies are responsible for that, each and every one of which the Panel reviews. Vice Chair Carollo: Okay. I think ifI went to the voters in my disfrict and I let them know what's your budget, how much you're spending for what and so forth, I would say I believe the voters in my disfrict will vote it down. That's my opinion. I wanted to hear what was your opinion. That's not citywide. I can't speak citywide. I can only speak about my district. With that said, I think if you read the minutes from the last meeting, you know where I stand with this, and you know, whatever the will of this Commission is, then we will move or so forth. Chair Sarnoff Well, I've been here -- and as you know, we started in 2007, and when you came to me asking for the bigger budget and you came to me asking for the bigger space because you wanted to expand, I opposed that. And I warned you then do not enter into this lease, and you didn't heed my warning. Because I said on the horizon is a financial crisis the size ofMount Kilimanjaro. Nobody from the City ofMiami actually heeded any of my warnings in 2007, because I was just too early. And everybody thought I had three heads, and I wouldn't last here but six months. Well, I'm still sitting here, and I didn't have a crystal ball, and I can tell you this. I believe the City ofMiami will have a deficit of in excess of $125 million this fiscal year. Now I fail to see -- and I said this to you before, and I was critical ofMr. Mays' compensation when he was earning $214, 000, when he was getting $30, 000 as a retirement plan, when he also got a car allowance, when he equally got a cell phone allowance, and I could keep going and going, and I think it's all in -- and I love that expression, the "All in." Chair Sarnoff I think it was over 275 or $280, 000 is all in. Forgive me ifI'm wrong; it's going by my recollection. And I warned you -- Ms. Shapiro: The total was the 214. That included the benefits. Chair Sarnoff Two forty? Ms. Shapiro: The 214 included all of the above. Chair Sarnoff Well, you also paid his malpractice insurance, you also paid a number of other -- point being -- hey, point being, I know you want a 26-year attorney, and I suspect Pete Hernandez wants 350 more employees to more efficiently run the City. He will not be getting 350 more employees this year. He'll probably have to lose about 250, and I'm going to start saying these things. And you may be looking at a 7- or 8- or 9-year attorney. You're just going to have to. On the one hand, you have a fiduciary obligation, as a CIP board member, to run effectively and efficiently your department. On the other hand, you have acted sui juris, which City ofMiami Page 82 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 means you acted as an independent agency of the City ofMiami when you sued us, and now you come before us and you say -- Ms. Shapiro: When did we sue you? Chair Sarnoff You sued the City -- Madam Clerk -- Madam City Attorney, were we sued by them? Julie O. Bru (City Attorney): The board sued the City ofMiami to get the FTAA (Free Trade Area of the Americas) Plan, and I defended that case. And we went to the Third DCA (District Court ofAppeals). Chair Sarnoff Right. So all I'm saying is you demonstrated yourself to be a sui juris, which means independent agency of the City ofMiami, in exercising your authority, and the Third DCA somehow agreed with you, but you come back to this board and you say, "relieve me of my fiduciary obligation of fitting within the budget you provided, because I just can't and won't do it." All I think this Commission is saying to you is there are areas that they think can still be cut. It's very tough to get Mr. Mays to maybe make that cut, probably even tougher. He's the only CIP attorney I think you've ever known. Pete Hernandez -- Ms. Shapiro: No. We've had other attorneys. Chair Sarnoff Did you? Ms. Shapiro: Yes. Chair Sarnoff Okay. Ms. Shapiro: We began with other attorneys. Chair Sarnoff He's been there for how long? Five, six years? Ms. Shapiro: Six years. Chair Sarnoff About six years. Ms. Shapiro: Six years. Chair Sarnoff Okay. So Pete Hernandez is the only City Manager I know -- and there's part of me that only want to know Pete Hernandez, because I'm worried about who the new guy would be if he ever is going to be a new guy. We all become comfortable in our places. I think this Commission is saying to you that they believe for 140 or $135, 000 a year, you could get an effective attorney. Ms. Shapiro: Mr. Sarnoff, the budget we're asking for is the budget before you. It's $464, 000. It includes that salary. It includes everything. We're not asking for more. We are going to run over -- all we have said -- Chair Sarnoff Is that you do not have the -- Ms. Shapiro: -- is that at this rate, we will be over budget -- Chair Sarnoff Right. Ms. Shapiro: -- if we can't get out of the City lease, which you rightly opposed. If we can't get City ofMiami Page 83 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 out of that lease, if the City is not able to do that, then we're going to have to deal with that, and we're going to have to make further staff cuts, or we're going to have to cut Mr. Mays' salary. But we're not here asking for 43,000 more. We're telling you about the 43,000 deficit that we might face, but we've asked for 464, 000, which is what the City agreed with us in September should be our budget. We're not coming here asking you for more. Chair Sarnoff Well, number one, I thought you were, number one, but number two, how -- am I allowed to approve a budget with the full knowledge that the revenues provided do not fit the expenses expended? Could I do that with the City ofMiami? In other words, could you provide a budget to my, Mr. Manager, that would show me $400 million in revenues but $460 million in expenses? Would I be allowed to approve that budget? Mr. Hernandez: No, sir. It has to be a balanced budget. Chair Sarnoff Can I approve a budget that shows me $464, 000 in revenue, but five hundred and something thousand dollars in expenses? Mr. Hernandez: No. I think at this time they would have to have a plan in order to be able to be balanced definitely by the end of the year, so adjustments would have to be made to their present spending plan so they match the revenue, which is 464. Chair Sarnoff So would I be fulfilling my fiduciary obligation to the citizens/taxpayers by approving a budget that know is not a balanced budget? Mr. Hernandez: You should not do it knowingly. I mean, if you're aware, you shouldn't do it. Commissioner Suarez: And have a question for the City Attorney. Can I, as a City Commissioner, entertain or get into the notion of how this body, which is an independent body, spent -- and a constitutional body, a constitutionally independent body spends its money specifically? I mean, isn't it --? You know, I think there may be a constitutional issue with me specifically getting involved in how this body spends its money. Chair Sarnoff Right. Commissioner Suarez: You know, we, as an umbrella organization, can dictate how much total revenue it has to spend. I can't -- I'm not sure that we can actually go in and say you have to spend less money on this person or that person or whatever. So your suggestion to me that go out and find five or six or seven potential candidates to -- I would love to do it, and I guarantee you that if we sent -- and you know, you can take this suggestion. If you sent an e-mail (electronic) to the big litigation law firms in the City ofMiami -- Holland & Knight, Greenberg Traurig, et cetera, et cetera -- and asked them if any of their litigating attorneys wanted a lifestyle change, okay, from grinding it out by the hour, you know, making whatever they're making, maybe $200,000 to making $999,999 [sic] for a better lifestyle, you know, without having to actually account for every six minutes of their time, like they have to do in a big law firm, I -- you probably will get a line that begins here and ends I don't know where. I think -- I suspect a lot of people will be interested in that -- would be interested in it. But don't think that I could specifically do that, and I -- and so I don't want to -- I don't want you to think that I'm ignoring your request -- Ms. Shapiro: No. Commissioner Suarez: -- 'cause I think it's a valid request. Ms. Shapiro: Commissioner Sarnoff had a meeting with the Panel on July 15, 2008, in which Commissioner Sarnoff stated clearly we'll -- "We give you what we think you should have. It's up City ofMiami Page 84 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 to you to decide how to spend it." And he was taking issue with some of the things that we were doing at the time, and we listened to him, and we made changes. I think that's an accurate statement, Commissioner. Chair Sarnoff No. I think you have a fiduciary obligation to spend -- supposing you wanted to hire one person, I don't think you'd be fulfilling your fiduciary obligation. Ms. Shapiro: Right. Chair Sarnoff But then again I think our option then would be whatever the charter says with regard to removal or things like that. I think what we do is we give you a gross amount of money, and you determine, based on what you think the taxpayers, the citizens of the Miami would like to see done, what it is that you -- that's what the fiduciary is, and I've always said that. I never wanted to get into the business -- I believe this equally -- you're certainly a -- not constitutional, but you're a charter body. You've been approved by the citizen/taxpayers, so is the trust, the Virginia Key Trust. They're a chartered body, or I think; and if not, they are a de facto one, and I warned them as well, but nobody heeded any of my warnings. You did to some degree. I was really disappointed when you didn't heed my warning about going into the larger space. I warned you that thought your budget would be reduced by half. I was wrong. It got reduced by 60 percent. Ms. Shapiro: Commissioner, the reason that we needed the space at that time was because we hired our own private investigator. We had our own investigators, and we had no place to put them. So at the time that we made that decision, the Panel needed more space. We now have four employees. We recognize we don't need the space, but at the time the Panel voted to make that decision, they didn't have any place to put the staff that we needed. We still need that staff. We just don't have the budget to pay them. Chair Sarnoff Okay. Well -- so I guess, Mr. Manager, the only amendment or change is that we give them a quantity of money, but if -- here's the part I'm trying to -- well, I guess itself their breach of fiduciary obligation. If they continue to spend at the pace that they're spending and they run out of money, I guess they haven't fulfilled their fiduciary obligation. 'Cause I'm here not wanting to approve a budget based on what know their spending is, butt guess they can correct their spending. Mr. Hernandez: Yes, they can. And Commissioner, going back -- Mr. Chairman, going back to the budget approved September 29, '09, the 2010 budget, they were allocated at that time $464, 000. And I agree with the statement Ms. Shapiro made and what you told them, that that's an approved amount provided to them, and it's up to the Civilian Investigative Panel as to how they allocate those dollars, how they use it, and they have to manage and stay within that figure. Chair Sarnoff Okay. Ms. Abia: IfI may -- Chair Sarnoff All right. Ms. Abia: -- add too, Commissioners, is that once we were told about the $464, 000, the budget we prepared brought us within that $464, 000. Unfortunately, there was a rollback to a position that was budgeted at 46,000, and the rollback salary for that position was 85,000, which is the difference that we're looking at, the difference between the 46 and the 85, plus the benefits. Chair Sarnoff Who is that position? Ms. Abia: That's me. City ofMiami Page 85 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: That's you, okay. It's tough to talk about you. I'm sorry. All right, I think this Commission has vetted the issue. Do you agree, gentlemen? Is there a motion? Commissioner Suarez: The motion on what, on the total budget? Chair Sarnoff I guess -- would there be a motion to approve the 464? Is there a motion to approve --? Commissioner Suarez: I cannot, in good conscience, move that. Mr. Hernandez: Mr. Chairman, I -- I'm going to confirm, but believe that when the budget was approved -- the 2010 budget was approved, it contained the amount of $464, 000 for the CIP Panel already. Chair Sarnoff But -- I think it did, too. Mr. Hernandez: Yes. Vice Chair Carollo: So it's -- however -- yeah, but however -- and in the last meeting whenever we met, I was ready to vote for the 464, and said will approve the 464. I'm not going to get into the issue until the new budget year. However, they were requesting additional monies at the time, andl clearly stated will not pay any additional monies -- Chair Sarnoff Right. Vice Chair Carollo: -- but just hear me out. I will approve the 464. However, now you're saying that you cannot continue with this budget. In other words, you're going to do an overrun, so now, in good conscience, I'm thinking well, you know, we can't then approve this budget -- Ms. Shapiro: Commissioner. Vice Chair Carollo: -- that we originally -- that originally would have approved for 464. Chair Sarnoff I was just told by the City Attorney -- and I think it's a glitch, Brenda -- Ms. Shapiro, I'm sorry. Ms. Shapiro: That's okay. Chair Sarnoff -- that we actually have to approve the line item budget. Vice Chair Carollo: Of 464. Chair Sarnoff Now -- 464 and the line items to it, which means these numbers. And if that's the case, then I am approving a budget that know is without -- not in budget. As they stand right now, they will be $40, 000 over budget. Mr. Hernandez: So -- Chair Sarnoff I don't think -- I think -- policy wise, I think it's a mistake for us to approve their budget, because they are a sui juris board and have demonstrated that to the City ofMiami. However, if the Code says that -- or the -- is it the charter or the Code? Ms. Bru: The charter says -- City ofMiami Page 86 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Chart -- there you go. Ms. Bru: -- that they're to be staffed with professional personnel based on an approved budget, and it is the City Commission that approves their budget, and the budget has to be in a form acceptable to the City Manager. Chair Sarnoff Well, in the words of Senator Mitch McConnell, there is just simply no way that I'm going to vote for something thatl know is not within budget. I just can't do it in good conscience. I cannot vote for something I know is not within the con -- the revenues are not going to be adequate to pay the expenses. I couldn't do it as the City ofMiami, and I will not do it on a sub -agency basis. Ms. McAliley: Chairman Sarnoff, if we get relief on the lease -- and the City Attorney's Office is working on that -- we would certainly be within budget and have some access. And the Panel has made an attempt to deal with the issue of full-time and part-time independent legal counsel, and that will be coming up again, but we were waiting for the final approval of this budget in order to do that. We've had lengthy and heated discussion over this issue of the legal counsel. Chair Sarnoff But, Janet, my recollection of your issue -- and you can correct me if I'm wrong because I have lots of numbers going in my head. My recollection is that you guys asked the landlord for a $200, 000 build out, correct? Anybody want to help me with this? Am I wrong on this? Wasn't the build out substantial? Mr. Hernandez: Yes. And she can elaborate. Madeline Valdes (Acting Director): Madeline Valdes, Department of Public Facilities. We're trying to find out from the landlord what that value is. It's not stated in the agreement, so it's really an unknown number. We do understand it's high, but we don't know how much of it has already been amortized based on the years that they've been at this location. Chair Sarnoff All right. Ms. Valdes: By then getting an extension to the agreement, they may have had additional improvements that we're not aware of. Ms. Abia: There was not an extensive build out, at all. What happened was that they had a huge office that probably could hold about six or seven people, and we asked that that office probably be separated. There were -- and in addition to that -- for the last -- for the added space, the only thing we asked for was a door. It was -- there was no extensive build out. Chair Sarnoff I'm not remembering new carpeting, new dividers, new --? Ms. Abia: The carpeting comes as part of whenever a new tenant comes in. Chair Sarnoff No, no, no. I -- but -- Ms. Abia: We didn't ask for new carpeting. Chair Sarnoff I -- but the point is that the landlord is going to amortize that, and while you believe -- I -- let me say this right. While you hope that a landlord is going to forgive you for your rent, I don't believe a landlord in this day and age, in this environment, in this rigors is just simply going to let you walk away. While they may let the City ofMiami make a one hundred -- well, let me not use numbers -- some payment to get you out of a lease, it's going to be -- you owe us, in the next four years -- let me take a wild guess -- $300,000. We'll let you out for a prompt payment of 150 or $100, 000. That's going to be borne either through your agency or by the City City ofMiami Page 87 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 ofMiami. He may make some sort of sophisticated analysis that says, you know, I'm going to bring them into the MRC (Miami Riverside Center), but that's going to affect our budget. I mean, I don't know how it's -- if we threw that off on you, it would -- you would fall $150, 000 immediate payment. He may have to amortize that -- I mean, I'm not getting into how he runs the City, although certainly that is our domain when it comes to financial. I just don't see any relief out of this. I just don't see how your success at renegotiating this contract is not going to end up in a fiscal impact to this board. Am I wrong on that? You're in charge of City assets. Is there a -- am I wrong in the way I'm thinking of negotiating? Ms. Valdes: Absolutely not. The landlord, as I understand it, has been unresponsive to our numerous attempts to contact him, so we're putting in writing now through the Law Department with date certain for a response, and we'll take it from there. But you are right. If a landlord did not put in any improvements, obviously I'm going to want something in return for an early exit, and that includes rent and the amortization of the improvements that I put in. Chair Sarnoff So what -- somebody give me a number on which they are within budget. Michael, you there? Michael Boudreaux: Mike Boudreaux, director ofManagement & Budget. Commissioners, I just want to make sure we all understand that the general fund budget, when it was approved, approved a set amount of contributions to the Civilian Investigative Panel. That amount was $464, 000. The budget for which the Panel was supposed to be presenting, there's supposed to be a spending plan that shows how they will be utilizing this 464 and no more than, unless there's some other outside sources for which they'd like to introduce. If they're not able to live within that 464, then what they're saying now to you is that they're projecting that their expenses for the end of the year, because of some insinuating [sic] circumstances, whatever they may want to call it, will cause them to have to go back and take a look at their spending plan in order to keep within that 464 allocation. And just like all City departments, they have to live within their budget. They can present to you an unbalanced budget, and this is -- I don't believe this is what's being done today. I think what they're doing is just presenting a situation that says that we have a 464 spending plan, but our projections are that we may not be able to spend within that 464, but yet, they still have to spend within that 464. Chair Sarnoff Then you -- Ms. Shapiro: And my understanding is -- correct me if I'm wrong, Mr. Boudreaux. It's good to see you. Mr. Boudreaux: Good seeing you too. Ms. Shapiro: -- that we have until September -- Mr. Boudreaux: September 30 to do this. Ms. Shapiro: Thank you. -- to bring that in line. Mr. Boudreaux: They're projecting -- Ms. Shapiro: Is that not correct? Chair Sarnoff You're telling me -- you're telling this board, this Commission that we can approve a budget -- that the charter says we have to approve their budget, and we can approve that budget fully well knowing that as they're projected to finish out the fiscal year, they will be $40, 000 over budget? City ofMiami Page 88 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Boudreaux: That is the case today, Commissioner. But they have to come back to you with a plan on how they're going to eliminate this over -expenditure that they're projecting. Chair Sarnoff When do they have to come back with that plan? Mr. Boudreaux: Excuse me, sir? Chair Sarnoff When? I mean, I'm -- Mr. Boudreaux: I would say as soon as possible, because if they're aware of it now, you would think that, you know, they would be taking some corrective actions to get theirselves [sic] back under their spending plan. Chair Sarnoff So you are an accountant. Is it fiscally prudent for me to approve this budget, have them come back to me in 60 days with a plan? If they don't come back to me in 60 days with a plan, what actions do I take as a Commissioner? Mr. Boudreaux: If -- it is fiscally prudent that if they are aware that they're going to not be able to meet their budget, that they present a plan to you to show how they're going to be under their budget. And if you do not feel comfortable in approving their original budget, the only thing that I need to keep you in mind, Commissioner, is that there will be a 464 contribution provided to them from the general fund, because it's already been approved in the general fund to provide that contribution. Chair Sarnoff Okay. We're now beginning to talk a little past each other. Mr. Boudreaux: Okay. Chair Sarnoff Let's just say I approve -- let's say -- and it may not get a second -- I make a motion to approve the 464, subject to a plan coming back to me within 60 days. Mr. Boudreaux: That is -- Chair Sarnoff Can I do that? Mr. Boudreaux: -- a reasonable request. Chair Sarnoff Okay. Now what happens -- when they don't come back to me within 60 days with a plan, what actions can I take as a Commissioner then? Mr. Boudreaux: Well, Commissioner, you can then decide to not have the 464 be contributed to the CIP for their spending year. You can elect -- Chair Sarnoff Well, then Commissioner Carollo will tell me, Commissioner, you're already, what, five, six months into their fiscal year, and -- Mr. Boudreaux: They've already incurred costs. And what you can do is ask us to -- I mean, basically, if you don't approve a budget for the Civilian Investigative Panel, then only the costs that they've incurred up until a certain point would have to be covered by the contributions from the general fund, and then any other expenses from that point forward will have to be reviewed. So essentially, as they operate as a Civilian Investigative Panel, you're -- there's no -- if there's no alternative plan for them to do, you're pretty much handicapping their ability to do anything from that date forward. They can't incur anymore expenses. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 89 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Go ahead. Vice Chair Carollo: Mr. Boudreaux, ifI understand this correctly, if we don't approve anything right here, then they're going to get the 464 anyways, so why -- so my question is, why do I even have to vote on this item? Mr. Boudreaux: That's a good question, Commissioner. The issue is is that they're still incurring costs. They're still operating, and there's still going to be expenses that need to be covered, even if no action's taken today. Vice Chair Carollo: Right, up to 464. Mr. Boudreaux: Up to 464. Vice Chair Carollo: So realistically, the Commission needs to take no action, and they're still going to get the budget of 464? Mr. Boudreaux: If they're still incurring costs everyday, yes, sir. There's still going to have to be something to cover those expenses. Vice Chair Carollo: Now my question is, can they go over 464? Or how does the mechanism work when they have an expense? Do they invoice the City, or did that money go to an account that they have? How exactly does it work so I know that they didn't go over the 464? Mr. Boudreaux: They generally bill the City -- correct me if I'm wrong, Carol -- that you guys bill the City for the amount of your expenses. In which the City then provides your payment for that. Vice Chair Carollo: Question: If they go over the 464, are we liable for that amount? Mr. Boudreaux: Yes, sir. Vice Chair Carollo: We are liable for that amount. So regardless what budget we pass -- and from what I understand, we don't even have to pass this; they still will receive the 464. And should they go over, we're going to be liable for it. Mr. Boudreaux: It is going to be an expense that has to be covered. Vice Chair Carollo: So -- Mr. Hernandez: However, Commissioner, we are all aware that based on what they have stated on the record, they're concerned that they're going to go over the 464. The 464 was allocated as part of the 2010 budget. But what they need to do is to come up with a revised spending plan that will correct for the remainder of the year in order that at the end, they do not exceed the 464. Chair Sarnoff Madam City Attorney, do we have an obli -- a legal obligation, pursuant to the charter, to pass a budget, a line item budget for the Civilian Investigative Panel? Ms. Bru: Yes. And let me read to you from the Code what it says. You have to approve a budget, and a budget says what you're going to get by the way of revenue and how you're going to spend it, line item. And the City Manager assigns appropriate personnel to assist in the preparation of the budget for the CIP and provides administrative support to the CIP. The City Manager presents the total estimated dollar appropriations necessary to cover expenses incurred by the CIP during the execution of its duties to the City Commission for its review and City ofMiami Page 90 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 consideration in the annual budget of City. Chair Sarnoff So we should be yelling at him, not them. How can you bring before this panel, this Commission a budget that is not -- that the revenue does not fit the expenses? How in good faith can you do that? Mr. Hernandez: Mr. Chairman, as part of the budget process for 2010, there were reductions in many, many areas, and the Civilian Investigative Panel was reduced by 50 percent to 464. And it was -- they were advised, and it's up to them to make the decisions to work within that allocation, period. Chair Sarnoff Yeah. I wish it was up to them, and I think, from a charter provision, it should be up to them, but it -- but the -- Madam City Attorney's telling me that it's not up to them; that we have got to approve a line item budget. And I don't -- no longer get to yell at them; I get to yell at you. How in good faith can you bring a budget that you happen to know they could not live up to and bring it before this Commission? Mr. Hernandez: Commissioner, the same way that when we made adjustments on the departmental budgets, they also, as a jurisdiction, needed to make their adjustments to comply, to fulfill their 464 allocation or to live within it. Chair Sarnoff You know what, Mr. Manager, I'm going to make a motion -- I don't know if it'll get a second. I've been with you for three years. Somehow you always make it work. I will make a motion that we approve the 464, subject to a revised budget being presented to this Commission within 60 days. The failure of which to do will result in the nullification of this vote. Vice Chair Carollo: This is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: I have a question before I decide to second or not second. And I'm a little confused. I think -- Vice Chair Carollo: One second. Madam City Clerk, do I need a second prior to discussion or - Ms. Thompson: Under normal parliamentary procedures, you do require a second before you start your discussion. Vice Chair Carollo: Do you mind seconding it for discussion? Commissioner Suarez: I'll second it for discussion. Vice Chair Carollo: Second by Commissioner Suarez. I promise, I won't take a vote until -- Commissioner Suarez: Thank you. Vice Chair Carollo: -- you know -- Commissioner Suarez: Thank you. Chair Sarnoff He can withdraw his second. Commissioner Suarez: Right. My question is -- and I'm -- I guess I'm get -- a little confused on the process, completely. We approved in our 2010 fiscal year budget a budget for the CIP of 464, okay. Right or wrong? City ofMiami Page 91 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Hernandez: Yes. Commissioner Suarez: They're coming now with a line item breakdown of that 464. Is that correct? And we have to approve now that line item. Mr. Boudreaux: That's correct. Commissioner Suarez: Okay. I have an objection to one of their line items, okay. So what I'm saying is that if my job here is to approve their line items or their budget on a line item basis and one of their line items is that they're paying their in-house attorney or their outside attorney or their in-house/outside attorney $175, 000, I cannot approve this budget. I will not vote for this -- I will not vote to approve this budget. I don't think that that's a fair use of taxpayer funds. So I don't know where that leaves us in terms of what we budgeted. If we don't approve a line item budget, do we have to then amend the fiscal year 2010 budget to reduce their budget in accordance with what we feel should be the line item, you know, amount for the remainder of the fiscal year, ifI have the support of other Commissioners who feel that some of these line items are not justifiable? Mr. Hernandez: Commissioner, I think that the motion made by the Chair allows for the ability to handle your concern. The message is very clear from what you just said, that there is a specific area where you would like to see them make a reduction. By making a reduction in that area, it will probably bring them to the 464 that we're looking for at the very end. I think the motion by the Chair is correct. You're providing a direction as to where they should be cutting. Commissioner Suarez: And I'm sorry to interrupt you, Mr. Mayor [sic], but that's where I'm confused. I don't understand the notion where we're going beyond the 464 in the first place. If we budgeted 464, are you telling me that they're spending more than what they have here in the line item that they're presenting to us? Vice Chair Carollo: Yes. Mr. Boudreaux: That's what the Panel was saying -- Vice Chair Carollo: Yes. Mr. Boudreaux: -- that they have costs in their current structure that's beyond the budget -- line item budget that they're presenting today. Commissioner Suarez: So how -- again, going back to the Chairman's question, how can we approve this line item budget if it's not in accordance with --? I don't understand how we can do that. Mr. Hernandez: Commissioner, we cannot. And that's why I was making reference to the Chairman's motion that, in essence, allows them 60 days to come back with a spending plan that actually meets the allocation of 464. And I think it takes into account some of the messages that you've provided. Commissioner Suarez: And I would ask you to do -- I wish I could do it for you, butt would ask you if -- you know, I believe in the -- in your body. I believe in your body. I believe in the functionality and the reason and the need for your body. Now, having said that, you know, we are fiduciaries of the public trust, so -- and in your capacity, you are as well, 'cause you're spending the public trust. So I would ask that you -- and I don't know what you did because I wasn't here when we approved your fiscal -- you know, when we approved the budget -- our budget for fiscal year 2010. I would ask -- and I would also ask and suggest that you apply some of the flexibility that Chairman Sarnoff has suggested, which is maybe not expect necessarily a City ofMiami Page 92 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 25-year litigating attorney or someone with specific municipal experience with reference to -- you know, there's such a thing as a learning curve. And if you get a competent attorney that is a I0year attorney at a big law firm that can understand and learn these issues and you can save $60, 000, you know, and -- you know, and you're in practically no worse position, I would say that you, you know, make that effort. I would appreciate it. Ms. Shapiro: My only question -- and I ask this of the City Manager, Mr. Boudreaux, and the City Attorney. Vice Chair Carollo: Ms. Shapiro, if you could go through the Chair. Ms. Shapiro: I'm sorry. Vice Chair Carollo: It will be me now. I have the gavel. Ms. Shapiro: Are you chairing? Vice Chair Carollo: Yeah. Go ahead. Ms. Shapiro: I'm sorry, Commissioner Carollo. I did not mean not to go through the Chair. Vice Chair Carollo: Not a problem, Ms. Shapiro. Ms. Shapiro: My question is -- we're dealing with $464, 000. Everyone will know that number going away. Vice Chair Carollo: Sand you're making this question to the City Manager, correct? Ms. Shapiro: I am. And my question is, Is it not our responsibility, as Commissioner Sarnoff has said, as Commissioner Suarez has said, to take the 464 and allocate it as we believe it should be allocated, rather than to be governed by how the Commission thinks we should allocate it? Vice Chair Carollo: By the way, Ms. Shapiro, if you had seen from the last meeting, I was okay with the 464. I remember -- Ms. Shapiro: Right. Vice Chair Carollo: -- telling Chair Rebull, Listen, I see a lot of areas where we could cut. Now I'm not going to get into the cuts. I'm going to wait for the next budget year. I was ready to approve the 464. However, now additional information has brought to our attention where you're not within the means of 464, and that's where I think a lot of this is thrown out of whack. Now -- Ms. Shapiro: Hence my question. That's the reason for my question. Because when we go back to the Panel and we take into consideration the fact that we have to take another look at this budget, my question is very basic. When it's a line item budget -- and we've presented budgets in the past that were not line item budgets. There was a problem, but we presented it. If we present a budget and that budget, line by line, comes in at 464, are we still at risk of being told that our budget's going to be thrown out? Vice Chair Carollo: I think your original question was to the Manager. However, I could answer that. First of all, Chairman Sarnoff was the one who made the motion due to the information that you gave to us, meaning that you were not within budget. It is my understanding that the prior Commission budgeted 464,000 to your organization, and you are to provide an expense allocation of how you will spend those $464, 000. City ofMiami Page 93 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Shapiro: Right. That's my understanding as well. Vice Chair Carollo: That is my understanding. And as I mentioned, in the last meeting I was ready to vote for it. The one thing that I strongly objected was any additional fundings [sic] to your organization. However, now new information has brought to our attention that you are not within the means of 464, 000. I think Chairman Sarnoff made a motion, which was approving the 464 and for you to coming [sic] back to this Commission with the allocations or the expenses that equal to 464. And with that said, you may want to look into what Commissioner Sar -- I'm sorry -- Commissioner Suarez concerns are, and maybe a reduction in that line item may actually bring it to the 464, and everyone in this Commission be happy and you be within your 464 budget. Ms. Shapiro: The goal is to come in with $464, 000 allocated. Vice Chair Carollo: Yes, ma'am. That is my understanding. Ms. Shapiro: That's all I need to understand, Commissioner. Vice Chair Carollo: However, I still, you know, do not want to speak for what Commissioner Suarez believes, what Chairman Sarnoff believes, or the City Manager. It is my understanding that, yes, you are budgeted an amount, and you have -- you expense [sic] as you see fit, as long as you're within the 464. And that's my understanding. Ms. Shapiro: Thank you for the clarification, Commissioner. Vice Chair Carollo: And hold on. Before you leave, Madam City Attorney, am I correct in what I stated? Ms. Bru: The charter provision that created this board didn't specify whether the budget had to be approved by the Commission line item. It just saying an approved budget. There is a code provision that puts a little bit more explanation on how that budget gets approved, and that code provision describes the budget as being one that is presented by the Manager after he has assisted them in preparing the budget, so -- and it follows the procedures that the Manager uses in presenting the budget for all other departments in the City. So to the extent that all other departments are subjected to a line item review by the Commission, I don't see whether there's any distinction with respect to this agency. Now, the charter does require that they perform their duties, and they have certain duties that they have to perform. They investigate complaints. They give advice on policy. And they make recommendations to the Police Department and to you with respect to the policies of the Police Department. Those are their duties. And they tell the Manager this is how many people that we need to perform our duties. These are the costs that we have. And then it's up to the Manager to work with them to prepare a budget that is within the same sound fiscal policies of every other department in the City. Vice Chair Carollo: With that said, did she answer your question, Ms. Shapiro? Ms. Shapiro: She has. Vice Chair Carollo: Gentlemen, do you have any further discussion, any further questions? I could call the roll? I believe this is an ordinance, so Madam City Attorney. Ms. Thompson: No, no, no, no. Vice Chair Carollo: It's a resolution. I'm sorry. All in favor, say "aye." I'm sorry. Hold -- City ofMiami Page 94 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Thompson: I'm sorry. I'm confused now. Vice Chair Carollo: Madam City Clerk. Ms. Thompson: Right. What I have in my notes is that there was a motion made by Chairman Sarnoff -- Vice Chair Carollo: Right. Ms. Thompson: -- that -- and seconded by Chair -- I'm sorry -- Commissioner Suarez -- Chair Sarnoff He's got two years before he gets that. Don't give it to him too quickly. Ms. Thompson: -- that you'll adopt this resolution that's presented with the proviso, okay, that the board -- I'm sorry -- the CIP would come back in 60 days -- by my calendar, that is 3/11/10, okay. Am I right so far? Chair Sarnoff I like that. Go ahead. Ms. Thompson: Okay. I just want to make sure I've got all the details, because it's been a little bit going -- but they'll be back with another, for lack of a better term, spending plan. Is that right? Chair Sarnoff Correct. And failure to do so will result in the nullity of this vote. Ms. Thompson: Right. Chair Sarnoff The nullification of this vote. Ms. Thompson: And because of that, I need to know from the City Attorney, does that now modify the resolution? Ms. Bru: I'm very confused, because I thought that their budget -- the budget director said their budget had been approved already at the amount of 464, so I'm a little confused about what we're doing today. If their budget had already been approved at 464, what are we doing today? So -- Vice Chair Carollo: Well, that actually was my question. Because I said if we absolutely do nothing, today we see the 464, and the answer was "yes." Chair Sarnoff I thought we're acting off your instruction. I thought you had told us -- and -- did I get that wrong? I could have sworn the City Attorney told us that we have a legal responsibility to approve the budget on a line item basis that is presented to us, and it got modified as presented by the City Manager, who I'm angry with, but that's okay, but that doesn't show us a balanced budget. But I thought we had -- if we don't have to act, I won't act. But I thought you said we had a legal responsibility. Ms. Bru: Then I heard the budget director said that their budget had been approved at 464. And my definition of a budget is something that says these are my ins and these are my outs. Mr. Boudreaux: Let me -- Chair Sarnoff Right. So -- Ms. Bru: It's a document that has line items, so was that approved or not? City ofMiami Page 95 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff -- so -- Mr. Boudreaux: Let me clarify. I'm sorry. Mike Boudreaux, director ofManagement & Budget. Let me clarify. The general fund budget has a line item in it for contributions to the Civilian Investigative Panel that indicates an allocation of $464, 000. As long as the Civilian Investigative Panel is incurring costs, and there is a requirement to cover that cost, the most likely requirement will be that 464 contribution that was approved in the general fund budget. Chair Sarnoff All right. Stop right there. So is there a mechanism in the City budget office, in the cockles of your Administration, Pete, that all of a sudden when they go 464.01, it turns off? Mr. Boudreaux: Yes. Chair Sarnoff What happens? Mr. Boudreaux: Any -- Chair Sarnoff Do red lights go off? Do electrocutions happen? What happens? Mr. Boudreaux: Well, because they don't operate within the City's financial system itself when it comes to your spending, the only extent -- the maximum extent of what we'll provide the Civilian Investigative Panel is that that was approved in the budget, 464. Chair Sarnoff What happens on September -- what happen -- let me project this -- what happens on August 15 when you get invoices of $464, 001 ? What happens? Do you stop paying? Mr. Boudreaux: That is correct. We cannot cover that expense, and their books will reflect a loss of the amount that they're over their budget. Chair Sarnoff So then what happens is any vendor that they're in contractual privity with, that has entered into a contract with them, then sues the City, correct? Mr. Boudreaux: Then the responsibility falls on those -- Chair Sarnoff So I should be asking the City Attorney that. Mr. Boudreaux: -- who has the responsibility to pay whatever liability and expenses that they incurred since that point. Chair Sarnoff All right. Got that. Madam City Attorney, are you satisfied that we do not need to vote here today? Because if we don't need to, I'll withdraw my motion. Ms. Bru: Okay. This is a -- and I'm going to read now what is before us. This is a resolution of the Miami City Commission, with attachments, a line item budget, approving a total annual budget for the Civilian Investigative Panel, in an amount of $464, 000, attached and incorporated for the fiscal year commencing October 1, 2009 and ending September 30, 2010. You're approving not just the exhibit, which is the line item budget, but you're actually -- here it says you're approving a budget line item allocation in the amount of $464, 000 for the fiscal year, so I think that this is what -- Michael, they are approving an allocation of $464, 000, and along with that allocation in the general budget of the City ofMiami, right, they're also -- you're also approving an attachment that shows how they're going to spend the $464, 000. And I thought that there was an amendment to the resolution saying that you wanted a revised spending plan. No? City ofMiami Page 96 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Stop. Ms. Bru: No. Chair Sarnoff Stop. And you have a tough job. I'd hate to have your job, 'cause Pm going to ask you a point-blank question, and I want a point-blank answer. If we do nothing today, have we fulfilled our fiduciary obligations to the citizens ofMiami as a result of vote for the budget by not these two guys, but by me? Ms. Bru: Michael has stated that you have already approved the budget allocation in the amount of $464, 000. Mr. Boudreaux: Commissioner -- I'm sorry to interrupt you. Ms. Bru: Wait. Let me finish answering my [sic] question. It is my humble opinion that this -- Chair Sarnoff And that's what I want, is your opinion. Ms. Bru: Yes. -- should have happened in September, that you should not have approved a budget in September that did not have attached to it how they were going to spend the money. And if that's what happened, then we didn't do it right, and now you do have to approve a spending plan. Chair Sarnoff So now we have -- so it's your opinion we have to do it right now? Ms. Bru: Yes. Chair Sarnoff Okay. Then my motion stands. Vice Chair Carollo: With that said, we have a motion on the floor and a second. Any further discussion? Madam City Clerk, you're aware of the motion and the requirements of them coming back in 60 days? Ms. Thompson: I am clear on that. Vice Chair Carollo: This you go. Ms. Thompson: I'm going to be very candid with you. Chair Sarnoff I can help you on what you want. You want to know ifI -- if they fail to come back within 60 days, Madam City Attorney, can we declare that a nullity of the vote? Is that within our legal power. Fair enough? Ms. Thompson: No. That is not what I need. Chair Sarnoff Oh, I'm sorry. Ms. Thompson: That's not what I need. You have a piece of legislation in front of you, okay, that is very clear on what you will be adopting. What is not in that legislation -- and you can correct me if Pm wrong, City Attorney -- is this proviso of coming back in 60 days and saying that if they don't come back in 60 days, this vote is going to be null. All I need to know is how am I going to show that with your legislation. That's all. Chair Sarnoff All right. Can we do that? City ofMiami Page 97 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Bru: No. You're approving -- right now you're approving a budget. Everybody else in the City had to provide a budget, including my office, where you knew how much you needed to spend and you knew what you had to do to get there. I had to fire people to get to the number thatl was given. I was given a budget, and then I gave you a budget that had people that were fired so I could get to that number. That's the way you approve a budget. Chair Sarnoff I got what you're saying. I got what you're saying. I want to withdraw my motion. Commissioner Suarez: I withdraw my second. Vice Chair Carollo: Motion withdrawn. Second withdrawn. Mr. Boudreaux: Commissioner, may I add to this discussion that -- Chair Sarnoff You think something needs to be added? Mr. Boudreaux: Well, I just want to make sure that we bring this to everyone's attention. All City departments, including executive directors of various agencies, are responsible under the City's anti -deficiency ordinance to keep -- to spend within the approved budget that was provided to them. So there's -- it is required of the Civilian Investigative Panel, as one of these agencies, to make sure that the budget that you approve for them to spend in total, that they do not go over that amount in total. So they are responsible, just like all other agencies and departments of the City, to make sure that they adhere to that requirement. Commissioner Suarez: And what happens to them, Mr. Boudreaux, if they don't adhere to that requirement? Mr. Boudreaux: There are remedies that are listed in the ordinance itself with -- Commissioner Suarez: Such as? Mr. Boudreaux: It has the remedies, and some of these remedies include termination. Vice Chair Carollo: Okay. With that said, is there any other person from the public wishing to speak on this matter? Anyone else from the public wishing to speak on this matter? Hearing none -- Ms. McAliley: Mr. -- Vice Chair Carollo: -- seeing none -- Ms. McAliley: -- Commissioner -- Vice Chair Carollo: Yes, ma'am. Ms. McAliley: Carollo, as one member of the Panel -- and I was one of the original members who often disagreed with budget items in the panel -- I pledge to you that will do everything I can to get the Panel to address this, and I am sure that Ms. Shapiro will too. She's worked extremely hard on behalf of the CIP, and we will do everything we can to convince our colleagues next Tuesday night, when we meet right here, to address this with budget change. Vice Chair Carollo: Well, I appreciate your pledge, butt want you to make that pledge not just to me; to this whole Commission. We work up here -- City ofMiami Page 98 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. McAliley: Well -- Vice Chair Carollo: -- as a team, so I want you to make that pledge to all of us. Ms. McAliley: I -- it is to all three of you. And I know you're dealing with difficult budget issues. We all are. And as a long-time citizen of the City ofMiami, I'm committed to the well-being of our city and the prudent operation of the Civilian Investigative Panel. Vice Chair Carollo: Thank you. Chair Sarnoff Mr. Chair. Vice Chair Carollo: One second. Anyone else from the public wishing to speak? Anyone else from the public wishing to speak? Seeing none, hearing none, the public meeting [sic] is now closed. Mr. Chairman. Chair Sarnoff I'd like to make a motion to approve their budget in the amount of $419, 000. Vice Chair Carollo: We have a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Four nineteen is fifty thousand less, approximately? Chair Sarnoff Forty-five thousand dollars less. Vice Chair Carollo: I need a second for -- and discussion. Is there a second for discussion? Commissioner Suarez: Want to go further? Vice Chair Carollo: Second for discussion. Chair Sarnoff I'm just keeping them within their budget, is what I'm doing. Commissioner Suarez: Four fifteen? Chair Sarnoff Four nineteen is their -- four nineteen is the best estimate that we have that they will be within budget. Vice Chair Carollo: Is there a second? Is there a second with --? Commissioner Suarez: I'll second the motion for discussion. Vice Chair Carollo: Second by Commissioner Suarez for discussion. Commissioner Suarez. Commissioner Suarez: I'm frying to figure out exactly what we're doing, and I -- Chair Sarnoff Can I help you? Commissioner Suarez: Yes, please. Vice Chair Carollo: Chairman Sarnoff. Chair Sarnoff Why don't we do this? Since we are apparently now finally approving line item budgets, why don't we approve the independent counsel's compensation at $130, 000? I hear what you're -- this is my motion. My motion is $419, 000, and make an -- and require the City ofMiami Page 99 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 independent counsel's reduction to $130, 000. And I hope Commissioner Carollo's correcting my math. It needs to be. Vice Chair Carollo: I have --I didn't do the calculations, but you know, you're a big boy. I trust you on that. Chair Sarnoff All right. Vice Chair Carollo: I see what you're doing. Any further discussion? Do we need to take a five-minute recess? Chair Sarnoff Yeah, let's take -- Vice Chair Carollo: Yeah, let's take a five-minute recess. Is there a motion for a recess? Do I need a --? Chair Sarnoff So moved. Commissioner Suarez: Second. Chair Sarnoff Don't need motions for recesses. Vice Chair Carollo: Okay. Five-minute recess. [Later... Vice Chair Carollo: (INAUDIBLE) meeting again, if possible. We are beginning the -- we're continuing now the Commission meeting. Is there any discussion that the Chairman, Commissioner Suarez would like to make? Commissioner Suarez: I'd like to make -- Vice Chair Carollo: Or is there a motion? Commissioner Suarez: Is there a motion right now? Chair Sarnoff There's a pending motion. Commissioner Suarez: And that motion is to reduce their budget to 416? Unidentified Speaker: No, 419. Ms. Thompson: No, 419. Commissioner Suarez: Four nineteen? Chair Sarnoff By reducing the budget of the special counsel -- by reducing the special counsel budget to $130, 000. Commissioner Suarez: Can we -- Madam Attorney, can we do that? Can we specifically reduce one of their employees' salaries? Ms. Bru: In my opinion, you can, yes. Vice Chair Carollo: Yeah. Go ahead, ma'am. City ofMiami Page 100 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Abia: May I request that the CIP be allowed 30 days to come back with a spending plan of $464,000? Vice Chair Carollo: There's a motion and a second on the floor. I'd like to hear from my colleagues. Commissioner Suarez: I didn't second the motion. There's just a motion. Vice Chair Carollo: There's a motion by Chairman Sarnoff. Chair Sarnoff You can't take back your seconds. There's somebody recording them. Commissioner Suarez: I don't think I second it. Ms. Thompson: Yes. Commissioner Suarez: Okay. Well, then, I take back my second. Vice Chair Carollo: There you go. So the motion then dies -- Commissioner Suarez: No. Vice Chair Carollo: Is that right? Okay. There is no motion on the floor right now. Commissioner Suarez. Commissioner Suarez: You're saying that we can do this? Ms. Bru: Unless your budget director says that the City Commission cannot amend or revise or adjust a budget, I am saying that you can. Commissioner Suarez: Well -- Ms. Bru: You approved the budget. Commissioner Suarez: Okay. Ms. Bru: And by approving the budget, that -- when the code says that you have the authority to approve the budget, it means that you can look at the budget and decide I don't want this, I don't want that. It doesn't say that you approve the allocation of the amount of the budget. And not only can you go into the budget, but the Mayor also has the right to go into any line item in a budget and also decide to veto it, so -- Commissioner Suarez: Okay. Well -- let me just make a statement then. Vice Chair Carollo: Go ahead, Commissioner. Commissioner Suarez: Thank you, Chairman and Vice Chairman. The Mayor sat up here -- and I'm glad you mentioned him, because he was making $150, 000 a year previously. And I think the Mayor's job is a full-time job. And he, of his own volition, reduced it from 150 to $100,000, and I think certainly, the special counsel for this agency should do likewise. So I can't second your motion, because I think it should be less than 130. I would -- I don't know what that -- where that leaves us. I would want to proffer my own motion that it be $99,999. Vice Chair Carollo: There is a motion by Commissioner Suarez. Is there a second? There is a City ofMiami Page 101 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 motion on the floor. Is there a second? There is no second. The motion then dies for lack of second. Chair Sarnoff I'll second the motion. Vice Chair Carollo: Since I already killed the motion, can you make the motion again? Commissioner Suarez: I move that the special -- if it's legal, that the special counsel's salary be reduced to $99,999. Vice Chair Carollo: There is a motion by Commissioner Suarez. Is there a second? Commissioner Suarez: And that that be incorporated into the budget that they are -- that we are approving, in essence, then at this point. Chair Sarnoff Second. Vice Chair Carollo: There is a motion by Commissioner Suarez. There is a second by Chairman Sarnoff. Any discussion? Now it's my understanding that the motion is for the salary of the attorney to be 99,999. Commissioner Suarez: Whatever the corresponding -- Vice Chair Carollo: However, what's the total amount of the budget as a whole? Commissioner Suarez: Whatever -- well, if you -- you're going to have to subtract -- Chair Sarnoff I'll give it to you. It would be then -- Commissioner Suarez: Seventy-five thousand and one dollar. Chair Sarnoff Well -- all right. You want to reduce their budget then -- Commissioner Suarez: Seventy-five thousand and one dollar. It would be -- his salary would be $99,999, and he makes $175,000. So it would be $75,001, right? Chair Sarnoff No, no. All right. My motion originally, just for discussion purposes -- Commissioner Suarez: Right. Chair Sarnoff -- is to bring their budget down to 419, and then line item reduce their special counsel to 130. Is your motion then to bring down their budget further and then -- 'cause there's $30, 000 differential. Vice Chair Carollo: I'm sorry. Can I suggest something? Can we just defer this to the next meeting; both of you, myself have ample time to speak with them? I think they will go to their board and actually have a board meeting, discuss the item. And then at the next board meeting, then we can discuss it and so forth, and that will give us ample time to do all the calculations, speak with them and so forth. Commissioner Suarez: I'm okay with that. I'll withdraw my motion under those -- Vice Chair Carollo: Can I make that as a suggestion? Chair Sarnoff Yeah, we can. I just always point out to you guys we are deferring about 25 City ofMiami Page 102 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 percent of our agenda. Vice Chair Carollo: I understand. It's just that, at the same time, I -- we've taken a long time on this, and it just -- I just strongly feel now that maybe should there be more discussion or maybe -- you know, when we make our motion, I think we all need to be, you know, in a state of mind where we're maybe a little bit more fresh and so forth. Chair Sarnoff Okay. Vice Chair Carollo: So with that said -- and at the same time, that'll give them time to go back to their board and express -- Chair Sarnoff I'm going to move to have this heard the first meeting in March, March 11, I think it is, Madam Clerk. Ms. Thompson: Okay. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Any opposition have the same right to say "nay." Motion passes unanimously. Thank you, ma'am. Ms. McAliley: Thank you, Commissioners. We will be meeting next Tuesday right here trying to resolve this. Vice Chair Carollo: Thank you, ma'am. RE.4 09-01389 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF EMPLOYEE RELATIONS TO PAY TO AUDREY CONEY -BROWN, EUNICE COOPER, KEITH CUNNINGHAM, NATHAN DANIELS, CURTIS HOOSIER, LARRY JACKSON, KEITA KWAME, LAMEL LATTIMORE, JAMES H. MARSHALL, TRACEY MARTIN, ANITA NAJIY-NARCISSE, ROBERT RAMBO, LAWSON SUTTON, CAROLE THONY AND RUFUS WILLIAMS IN THE CASE OF ANITA NAJIY ET AL V. CITY OF MIAMI, CASE NO. 04-14936 CA 05 RELATING TO THE DEVELOPMENT AND ADMINISTRATION OF THE APRIL 27, 2000 POLICE LIEUTENANT EXAMINATION AN AMOUNT NOT TO EXCEED $100,000.00, FROM WHICH ATTORNEY'S FEES WILL ALSO BE PAID TO DONNA BALLMAN, P.A; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000. 09-01389 Legislation.pdf 09-01389 Cover Memo.pdf 09-01389 Cover Memo 2.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 103 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez R-10-0012 Chair Sarnoff RE.4. Julie O. Bru (City Attorney): This is a resolution that seeks authorization for the settlement of all claims against the City ofMiami in the case ofAnita Najiy, et al., versus City ofMiami. We are asking authorization to settle this. This is 15 plaintiffs. This is a case brought under the Florida Civil Rights Act, and the amount of the settlement is $100,000. Chair Sarnoff Is there a motion? Commissioner Suarez: I'll make the motion. Vice Chair Carollo: Second for discussion. Chair Sarnoff All right. A motion and a second. Let me open up the public hearing so we can get some public input. Anyone from the public wishing to be heard on the settlement of Najiy -- how do you say the last name? RE.4. There you go. -- please step up to the podium and be heard. Hearing none, seeing none, the public hearing is closed, coming back to the Commissioner. I believe, Commissioner Carollo, you wanted to be heard. Vice Chair Carollo: Yes, Chairman Sarnoff. I have a question for Madam City Attorney. Madam City Attorney, it (UNINTELLIGIBLE) to the resolution to settle for an amount of $100, 000; is that correct? Ms. Bru: Correct. Vice Chair Carollo: If we deny this, if we do not approve this, as far as time from your attorneys and so forth, how much do you estimate it could incur? Ms. Bru: Well, litigation costs -- the posture of the case is that we have this contingent settlement, contingent on your approval. We are ready to go to trial. If we do try the case, it -- the expenses of trial would be anywhere between 20 to $30, 000. There are some experts that would have to be brought in. As far as attorney's fees, you know, we have incurred quite a bit of money already in this case, and I can't tell you, you know, how many hours, but you know, it'll be, you know, probably another -- I would say another 30 or 40 hours at least of attorney's fees. Vice Chair Carollo: If we deny this motion and you go ahead and go to frial and win and are successful, can we then receive restitution for the amount of time that you have spent and so forth and the expenses? Ms. Bru: No. This action is brought under what's known as a remedial statute. It's a statute that seeks to vindicate civil rights that might have been violated. And the statutory scheme allows for plaintiffs to recover attorney's fees, if they prevail, but not for the defendant. Vice Chair Carollo: So in other words, we would not be able to receive restitution or reimbursement of any amounts? Ms. Bru: No. Perhaps costs. I'm not sure about costs, but not attorney's fees. Vice Chair Carollo: When was this case originated? Ms. Bru: This goes back to a promotional exam for lieutenants that was administered by the Police Department in 2000. City ofMiami Page 104 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 RE.5 09-01457 Department of Capital Improvements Program Vice Chair Carollo: Back in 2000. Ms. Bru: Two thousand. Vice Chair Carollo: So almost nine years ago, more or less. Ms. Bru: Yes. Vice Chair Carollo: And since then, has there been any additional lawsuits to the City due to promotional exams? Ms. Bru: No, there have not been. Vice Chair Carollo: There has not been. Ms. Bru: And we have had promotions, but -- which have not been challenged. There is one additional case pending regarding a sergeant's exam, but that one's even older than this. Vice Chair Carollo: So if we would pay this amount, which, in essence, either way we're going to be paying because the truth of the matter is for you to defend the City, it's going to take time on your part and expenses and so forth, so we'll be spending money no matter what. If we put this case to rest and, you know, we settle and we approve this, this isn't a continuous problem that you foresee. In other words, it's not like we settle here, but then there's additional lawsuits and so forth, correct? Ms. Bru: Correct. Vice Chair Carollo: Okay. I have no further questions. I'm ready to take a vote. Chair Sarnoff All right. So Commissioner Suarez? All right. RE.4 is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Any opposed? All right, it passes. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC., FOR THE PROVISION OF DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE GIBSON PARK PROJECT, B-30305B ("PROJECT"), FOR PHASES 1A, 1B, 2A OF THE PROJECT, IN THE FINAL NEGOTIATED AMOUNT OF $9,794,667, PLUS A TEN (10)PERCENT OWNER CONTINGENCY AMOUNT OF $979,446.70, FOR A TOTAL NOT TO EXCEED AMOUNT OF $10,774,133.70; ALLOCATING FUNDS FROM CAPITAL PROJECT NOS. B-30305B, B-30305C, AND FROM THE COMMUNITY REDEVELOPMENT AGENCY PROJECT NO. 92-689001. City ofMiami Page 105 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 09-01457 Legislation.pdf 09-01457 Exhibit.pdf 09-01457 Exhibit 2.pdf 09-01457 Exhibit 3.pdf 09-01457 Exhibit 4.pdf 09-01457 Exhibit 5.pdf 09-01457 Exhibit 6.pdf 09-01457 Exhibit 7.pdf 09-01457 Summary Form.pdf NO ACTION TAKEN Chair Sarnoff RE. 5. Ola Aluko: Good evening, Commissioners. Ola Aluko, Capital Improvements Department director. RE. 5 is a resolution authorizing the City Manager to execute an agreement with Recreational Design and Consfruction, Inc, in a not to exceed amount of $10, 774,133 for the design -build services for the Gibson Park. I'll give you a bit of history about this project, Commissioners. This project was bid competitively as a design -build bid. We originally had seven firms that responded. Of those seven, two met the qualifications of the bid, and they were evaluated. RDC (Recreational Design and Consfruction) was deemed the -- not only the most responsible and lowest successful bidder, but also the most responsive successful bidder. The reason we bring this item to you today is because this item's actually on the expedite list, but due to the revised expedite ordinance, if we have less than three bidders, evaluated, we must come before you just to allow you to know that there were two bidders and to be as transparent as possible. Therefore, we're bringing this item to you. It is on the expedited list, as mentioned earlier. Back in 2001 Gibson Park and several other projects were on the Homeland Defense/Neighborhood Defense Bond vote by the citizens ofMiami. As our CFO (Chief Financial Officer) eloquently discussed earlier today, certain projects unfortunately had shortfalls in the earlier time of the Homeland Defense Bond. Therefore, the Sunshine State loan came into effect. Gibson Park was one of the first listed projects on the Sunshine State loan projects that we went out for in 2007. Speaking of 2007, there was a master plan that was created at the request of this Commission, and we engaged an architect to do a master of not only Overtown, but also of Gibson Park. We engaged Zyscovich Architects to do the master plan. The master plan was done, and it was done in conjunction with the community. I believe there were three charettes. The Overtown Advisory Board approved the master plan, the community obviously approved the master plan, and the CRA (Community Redevelopment Agency) also approved the master plan. After the master plan was then approved, we went out for the solicitation, and the contractor was selected. If voted on tonight to move forward, there is still one more step where the community will now meet with us and finalize or refine the design in more detail so that we can move forward with construction. Right now we have a tentative construction completion date ofAugust 31 to complete the athletic field. Speaking of athletic field, the park consists of phase 1, a synthetic turf or artificial turf athletic field and bleachers, remodeled baseball bleachers also. We also have a classroom and community room remodeling. We have a new park in -- which fronts Northwest 3rdAvenue. In phase IB we have a community center, which is -- which will encompass a gym -- I'm sorry, a weight room, a fitness center, and also park offices. Phase 2B is a future project -- due to funding, is a future project of a basketball court. Right now we are recommending award of phase 1 and phase 2A to RDC for the amount listed below. If there are no other questions, Commissioners, that ends the presentation. Chair Sarnoff Is there a motion? Is there a motion? Hearing no motion, it dies. All right, RE. 6. DarrickRudolph: Excuse me? Can we --? City ofMiami Page 106 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff There's no motion made. No Commissioner made a motion. There's nothing to discuss. Mr. Rudolph: But can y'all -- would y'all consider deferring it till we have a Commissioner sitting on the dais? Chair Sarnoff In the Mason's Rules, I think that's no action taken, so -- I think what this is going to need is a Disfrict 5 Commissioner, and I think it's going to need a heavy explanation on funding, because I think that's -- I'm just taking a guess. That's probably my guess as to what the problem is. And I warned everyone that -- I really think you're going to need to have a full panel, a Disfrict 5 Commissioner here, 'cause I think this board is going to want to be apprised - - 'cause I don't think it's just $10 million. I think this is going to come to thirty -something million. Mr. Rudolph: Yes. Priscilla A. Thompson (City Clerk): I'm -- Chair Sarnoff And I will make one comment, and I intended on bringing this to the City Manager's attention. We spent 50 to $55 million in Little Haiti Park, and then we pulled the security on Christmas Eve. And right now Little Haiti Park, as a result of my complaints, has one guard for an eight -hour period, and we're sitting there with -- and I don't mean to tell everybody this -- $11 million worth of artwork. We can build anything in the City ofMiami. We just can't operate it. And I got to tell you, this Commissioner is simply not going to continue to vote for parks that we don't know how to operate and we don't have the funding to operate. And you can give me all the greatest ideas in the world and you can tell me what it's going to do. At the end of the day, a building that's built that becomes a hulk in ten years because we didn't maintain it, 'cause we couldn't operate it, because vandalism occurred, I'm not going to do it, so Mr. Aluko: Mr. Commissioner, ifI may. You mentioned earlier that this project may not be 10 million; might be 30 million. I'm not certain what you meant by that, but however, I can say this. This is a design -build project, meaning that -- Chair Sarnoff Meaning that it's cheaper to do a hard bid. Mr. Aluko: No, not really. Meaning that the contractor will actually -- the contractor will complete the design of this project. And once he completes the design, he has guaranteed that this project will be within the $10.7 million in which he's been awarded. With regards to maintenance, this is a replacement of the existing building. So the analogy that you used with Little Haiti, which is a new facility, this is a replacement. So once the old building is demolished, the maintenance of this new building will be less. I can't give you the numbers now, but the maintenance will be less than the existing facility. Chair Sarnoff It's not so much the maintenance, Ola. It is the personnel necessary to staff these premises. Right now you don't have the personnel necessary to protect Little Haiti. You're not going to have the personnel after this budget to protect this park. I mean, unless the Manager starts presenting to me business plans projected in the '011 [sic] and '012 [sic] budget that shows me how he's going to staff all these new parks he's building, I'm not interested. Pedro G. Hernandez (City Manager): Mr. Chairman, I think the point that Mr. Aluko is trying to make is this is a replacement park. We have a facility there, so -- Chair Sarnoff Mr. Manager, let me ask you a question. What do you project for this year's budget for parks, an increase or a decrease? City ofMiami Page 107 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Hernandez: The current year or --? Chair Sarnoff No, no, no, sir. This is the '010 [sic] -- '09/'010 [sic] budget. Tell me what you predict for '10/'11 ? What do you forecast? Mr. Hernandez: Well, it's early to tell, Commissioner, but knowing, you know, what we know of the economy and how things are going, it would be at least maintain the same level or lower it. Chair Sarnoff I'm going to ask the City Clerk to record this day. Mr. Hernandez: Or lower, I said. Chair Sarnoff Or lower. Mr. Hernandez: Yeah. Chair Sarnoff Mr. Burkeen, how's your budget doing? How much you cut this year? Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. We lost 76 positions. Chair Sarnoff And if you had to cut another 56 positions next year, that -- Mr. Burkeen: We will be closing facilities. Chair Sarnoff Okay. And are you aware of any growth in City ofMiami ad valorem or sales tax revenues or transfers in? Or did you -- are you aware of any banks now paying 6 and 7 percent interest? Mr. Burkeen: I cannot respond to that. Chair Sarnoff 'Cause you're not aware of it? Mr. Burkeen: Nope. Chair Sarnoff Okay. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. There's no motion, so -- Vice Chair Carollo: No. Unidentified Speaker: We'd like to go on the record. Vice Chair Carollo: And it's going to be brief and I'll tell you why it's going to be brief. That saying that you mentioned to Larry about the judge and so forth, the bottom line is I didn't know -- obviously, you know, we're in the Sunshine, we can't speak and so forth what was going to be the reaction to this. I just knew how -- what was my reaction to it. And this was somewhat of a litmus test as far as what I said earlier. If there's really people losing jobs and so forth, I want it to be known -- and I think this Commission is really starting to speak out -- that we're in a tough financial situation, and therefore, ten mill -- allocating $10, 774, 000 in one quick vote isn't going to happen. So with that said -- I said I'll be brief -- I think there's a new changing of the guards in this City Commission, and the bottom line is we are in a tough financial situation, and we are taking it seriously. Thank you. City ofMiami Page 108 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Fair enough. Commissioner Suarez, you wish to say anything? Commissioner Suarez: I don't have anything further to add. I think, in terms of the additions to, for example, Coral Gate Park in my district, they were done without any loan money, for example. In this case, we are borrowing or we are utilizing $8 million of borrowed money at 1 percent, which is a substantial amount of money, and we're not budgeting for maintenance, which is a secondary concern that I have. So you know, I think today, on an earlier project, we saved the City $20 million in the way that we sat with -- the way we negotiated and sat with the contractor and got the best price possible for the City ofMiami. And the Manager, I think, and the consfruction company came up and said that because of the time involved in that negotiation, we saved the City a substantial amount of money. So I don't know, Ola, if there are some, you know, potential additional savings that we can look into in reference to this project, as we did earlier today in reference to the parking garage. Mr. Aluko: Commissioner, I will speak to that, and then I have the contractors here also; they can speak to that. Of the two firms that were the lowest and most responsive, RDC was a million dollars less than the previous firm. RDC has worked for the City ofMiami before. They actually built the Grapeland Water Park. And just by that virtue, we sat them down. And I don't want to use the word squeeze, but we negotiated with them for a good month. This item could have been brought before you in December, but we negotiated with them for a good month and negotiated down another million dollars from this park. Now, as I said, the contractors are here themselves, and I don't know if they're in a position to say that they can take another million off. However, I'm sure we can go back to the table and look at certain items on here that can be negotiated, VE'd (Value Engineered). Again, this is very similar to a consfruction manager at -risk by virtue of -- that they have to do the design, and during the design process, they can value engineer some of the materials, some of the spaces. And to answer your question, is there an opportunity to bring this cost down a little bit more? Yes. The opportunity always exists, but we have to sit down and do that. Commissioner Suarez: I think it would behoove them to fry to do that in this time. I mean, I think the prior contractor that won the award, free of charge, was nice enough to sit down with the architects and get to a point where he could save the City -- and make it a win -win for the City, and I think that's what we would be looking for as a body. Chair Sarnoff But I think we're always making a bigger statement as well, but -- Vice Chair Carollo: Yes. Chair Sarnoff Gentlemen, I know you want to speak. My recommendation to you is not. You're going to have a District 5 Commissioner very shortly, one way or another. You need to get with your Disfrict 5 Commissioner. The CRA (Community Redevelopment Agency) needs to weigh in on this. No one's saying it's not going to happen, but I don't think it's going to happen the way it's being presented. And I'm going to have a lot of questions to ask, like -- for instance, District 5, how much quality of life does it have left? -- which I understand it has none. And that begs the question, for instance, where did it get spent and how did it get spent? And I don't know the answers to those questions. I mean, I think I'm the only Commissioner sitting here with quality of life money, not because they have anything to do with that, and to be honest with you, probably because I had nothing to do with it, because the previous Commissioner for me didn't spend it. So I'm the recipient of the beneficial fact that the Commissioner before me just didn't spend it. I think there are questions that this Commission needs to hear and understand. I think you're going to need a full Commission, and I think you -- as soon as the Disfrict 5 Commissioner emerges, however that happens, I think you should meet with the District 5 Commissioner to help shepherd your cause. City ofMiami Page 109 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Rudolph: I thought we did that from -- I thought we did that the first time. Chair Sarnoff I know. I know you did. Mr. Rudolph: So what I'm trying to say is that no matter who -- Ms. Thompson: I'm sorry, Chair. I -- Chair Sarnoff She's going to is ask you for your name. Mr. Rudolph: DarrickRudolph. Chair Sarnoff I'm going to give you one minute -- Mr. Rudolph: -- 222 Northwest 22nd Street. Chair Sarnoff -- 'cause you sat here all day. Ms. Thompson: Thank you. Mr. Rudolph: The only thing I'm trying to get is to make sure that it does happen, because the residents in Overtown -- they watching now -- give them a good -- make them feel good that something going to happen. Chair Sarnoff I understand. Mr. Rudolph: Right now we feel like you just shut us down just now. So can you please explain what is the proper way that we -- the residents -- tell the residents, the taxpayers that want this to happen, what is the best thing besides just waiting for the Commissioner. Because for me -- Chair Sarnoff I think you need -- Mr. Rudolph: -- I want to say, to me -- Chair Sarnoff Let me get -- let -- Mr. Rudolph: -- I don't think -- whoever the Commissioner is -- Chair Sarnoff I gotcha, I gotcha. Mr. Rudolph: -- whoever in that seat, I think they should want this to happen in our community. Chair Sarnoff Well -- and I think what they need to do is come up with a plan that satisfies this Commission from a fiscal standpoint and an operational standpoint, 'cause what we're seeing is that we can't operate the parks that we open. We just -- Mr. Rudolph: That's why I want to say that in -- on Gibson Park, that Overtown Optimist Club have been, knowing what I'm saying, no one saying -- utilizing that park for over -- Chair Sarnoff Then -- Mr. Rudolph: --15 years -- Chair Sarnoff -- you know what? City ofMiami Page 110 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Rudolph: -- so -- Chair Sarnoff I understand. But that -- then we need to hear from a District 5 Commissioner how it's going to be operated when we defund the park. 'Cause I guarantee you, we're going to end up defunding parks, no two ways about it. I mean -- Mr. Rudolph: Well, we will -- we got it. That's what we there for then. Chair Sarnoff I understand. Mr. Rudolph: Yeah. We -- Chair Sarnoff But that's what I'm saying. IfI were you, I'd hold back my water, so to speak. Speak to the District 5 Commissioner, once that selection process is finished, and I would also bring it to the CRA, which is a source that you may want to look into. I mean, I don't think this is dead. I just think it's delayed. And I think it can be a better project if we do delay it, 'cause I think the Manager has to answer some questions, and that is, operationally, what is -- how is this City going forward? I mean, we can have great passive parks, but the active parks are just becoming more and more problematic for us, unless we enter into some kind of public private partnerships, which we did years and years ago when we didn't have a robust Parks Department. So, gentlemen, I don't want to discourage you; I want to encourage you. Mr. Rudolph: Ah, nah. We just -- we gone be here. Trust me -- Chair Sarnoff Okay. Mr. Rudolph: -- we'll be here. Chair Sarnoff Thank you. Unidentified Speaker: Thank you. RE.6 09-01452 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED DECEMBER 28, 2009, PURSUANT TO INVITATION FOR BIDS ("IFB") NO. 198157, FROM VARIOUS VENDORS AS IDENTIFIED ON THE ATTACHED BID TABULATION SHEET, FOR THE PROVISION OF CUSTODIAL SERVICES, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT TIME OF NEED; FURTHER AUTHORIZING THE CHIEF PROCUREMENT OFFICER, IN ACCORDANCE WITH THE IFB SECTION 2.23, AS AMENDED, TO ADD FACILITIES/ITEM(S) OR SUPPLIER(S) TO THE CONTRACT WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION AUTHORIZATION. 09-01452 Legislation.pdf 09-01452-Exhibit-SUB. pdf 09-01452 Summary Form.pdf 09-01452 IFB.pdf City ofMiami Page 111 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 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-10-0013 Chair Sarnoff All right, RE.6. Glenn Marcos: Commissioner, Glenn Marcos, Purchasing director. RE. 6 is an item for custodial services. This is a recommendation for award again for custodial services. It's a contract that has two years, with options to renew for three additional one-year periods, and the estimated annual contract amount is $173, 050.84. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. It's a public hearing. Anybody from the public wishing to be heard on this issue, please step up. Hearing none, seeing none, comes back to the Commission. Any discussion, gentlemen? Hearing none -- Priscilla A. Thompson (City Clerk): Before you vote, please. I'm sorry. I have -- Mr. Marcos: There is a -- Chair Sarnoff I had a pace going. Ms. Thompson: -- in my possession a substitute and a -- Mr. Marcos: Yes. Ms. Thompson: Okay. Mr. Marcos: The substitution item was handed out to the respective Commissioners' aides on Tuesday. The City Clerk received a copy. And the Office of the City Attorney also received a copy. Chair Sarnoff All right, as substituted, gentlemen, all in favor, please say "aye." The Commission (Collectively): Aye. END OF RESOLUTIONS BOARDS AND COMMITTEES BC.1 09-01293 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: City ofMiami Page 112 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mayor Tomas Regalado Mayor Tomas Regalado Vice Chairman Frank Carollo 09-01293 Arts Memo 02-11-10.pdf 09-01293 Arts Current_Members 02-11-10.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. Vice Chair Carollo: BCs (Boards and Committees)? Chair Sarnoff We have -- sorry? Vice Chair Carollo: BCs. Chair Sarnoff BCs. Vice Chair Carollo: Mr. Chairman. Priscilla A. Thompson (City Clerk): IfI might. Vice Chair, ifI might. I justwanted to let you all know before we start the discussion on the BC.1 that the Mayor advised me that he will be continuing all of his appointments to the meeting in February. I just wanted to put that on the record for you. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. You're recognized. Vice Chair Carollo: I will also like to continue all of my board appointments until the first meeting in February, and that's February -- I'm sorry. Ms. Thompson: Eleventh. Vice Chair Carollo: -- 11 th. And Mr. Chairman. Chair Sarnoff Go ahead, sir. You're recognized. "[Later...]" Chair Sarnoff All right. We're up to district pages. Ms. Thompson: No. Chair, ifI might? Chair Sarnoff What? Ms. Thompson: We're still on BCs. I just need some direction from you. The Mayor is continuing his appointments, Vice Chair Carollo continuing his. I have appointments on the BCs. BC.6, the Manager would have an appointment. City ofMiami Page 113 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Hernandez: I'm also continuing that appointment. Ms. Thompson: And then chair, you have appointments under BC.11 and 12. Chair Sarnoff Yeah. I'm going to continue all my appointments. Ms. Thompson: Okay. Given that, we'll be continuing all of our BC appointments, BC.1 through 13, so can we entertain a motion for those continuances? Commissioner Suarez: So moved. Chair Sarnoff Is there a second? Vice Chair Carollo: Second, and quick question. They will be continued until February 11, correct? Ms. Thompson: Correct. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. BC.2 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: 09-01394 Audit Memo 02-11-10.pdf 09-01394 Audit Current_Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez 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 BC.3 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. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 09-01301 Bayfront Memo 0211.pdf 09-01301 Bayfront Current_Members 0211.pdf City ofMiami Page 114 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Motion by Chair Sarnoff, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner Carollo, Sarnoff and Suarez BC.4 09-01308 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Vice Chairman Frank Carollo 09-01308 CSW Memo 02-11-10.pdf 09-01308 CSW Current_Members 02-11-10.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 BC.5 09-01312 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo 09-01312 Finance Memo 02-11-10.pdf 09-01312 Finance Current_Members 02-11-10.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 BC.6 09-00538 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 115 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 City Manager Pedro G. Hernandez 09-00538 applications 10-8-09.pdf 09-00538 Memo Liberty City 0114.pdf 09-00538 Current_Members 0114.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 BC.7 09-01444 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: NOMINATED BY: Vice Chair Frank Carollo 09-01444 MSEA Memo 02-11-10.pdf 09-01444 MSEA Current_Members 02-11-10.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 BC.8 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 02-11-10.pdf 09-01393 NAB Current_Members.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 BC.9 09-01318 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 116 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 APPOINTEE: NOMINATED BY: Mayor Tomas Regalado 09-01318 OAB Memo 0114.pdf 09-01318 Advertisement.pdf 09-01318 OAB Applications-Resumes.pdf 09-01318 OAB Memo 02-11-10.pdf 09-01318 OAB Current_Members 02-11-10.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 BC.10 09-01317 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Vice Chairman Frank Carollo 09-01317 PA R Memo 02-11-10.pdf 09-01317 PRAB Current_Members 02-11-10.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 BC.11 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 City ofMiami Page 117 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 09-00870 UDRB Memo 02-11-10.pdf 09-00870 UDRB Current_Members 02-11-10.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 BC.12 09-01316 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Chairman Marc David Sarnoff Commission AT -LARGE Commission AT -LARGE Commission AT -LARGE 09-01316 Virginia Key Trust Memo 02-11-10.pdf 09-01316 VKBPT Current_Members.pdf 09-01316 -E-mail-VKBPT-Board Recommendations.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 BC.13 09-01465 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Tomas Regalado 09-01465 Memo waterfront.pdf 09-01465 Waterfront Current_Members.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 END OF BOARDS AND COMMITTEES City ofMiami Page 118 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 DISCUSSION ITEM DI.1 09-01456 DISCUSSION ITEM Department of QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT Finance EXPENDITURES. 09-01456 Summary Form.pdf DISCUSSED Chair Sarnoff Okay. Now we're up to -- before we get to the district issues -- and I don't know that you guys have any. Pedro G. Hernandez (City Manager): Mr. Chairman, there is a hidden item in there. There is a discussion item that is sort of a formality that Diana Gomez has to at least put something on the record. Chair Sarnoff I always make her go last. Go ahead, Diane [sic]. Vice Chair Carollo: Make it quick. Diana Gomez: Diana Gomez, Finance director. This discussion item is the quarterly update of nonreimbursable grant expenditures as required by the Financial Integrity Ordinance for the first quarter of fiscal year 2010, which covers the period from October 1, 2009 through December 31, 2009. For that period, no nonreimbursable expenditures had been reported. Chair Sarnoff Thank you. Ms. Gomez: You're welcome. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: That's the type of news I like to hear. Thank you. END OF DISCUSSION ITEM MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 09-01449 DISCUSSION ITEM DISCUSSION REGARDING CREATING THE MAYOR'S BLUE RIBBON WORKING GROUP COMMITTEE ON ECONOMIC INITIATIVES TO STUDY, RECOMMEND AND MONITOR INITIATIVES THAT WILL REVITALIZE COMMUNITIES IN THE CITY OF MIAMI THAT ARE ECONOMICALLY DEPRESSED AND UNDERSERVED; FOCUSING ON JOB CREATION, JOB RETENTION AND CREATION OF TRAINING City ofMiami Page 119 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 OPPORTUNITIES. 09-01449 Memo.pdf 09-01449-Submittal-Mayor Regalado.pdf DISCUSSED Chair Sarnoff And Mr. Mayor, you're recognized for the record on -- if you want to go through them sequentially, M.1 -- or do you want to take them in a certain order? Mayor Tomas Regalado: Yeah. I'll go in this order, Mr. Chairman. And I'll be brief I promise. And the first item on the M.1, which is the Mayor's page, is the creation of a working group committee on economic initiatives. And this does not need a legislation, because the Charter says in the Code that if a committee is going only to exist less than a year, it doesn't need to be codified. So what is this is because the census bureau, the American community survey, the three-year estimate, places Miami poverty rate of families at 20 percent. That means that 20 percent of the families that live in the City ofMiami are under the poverty level. And compared to the State of Florida, 9 percent, and Miami -Dade County, 12 percent. So we've been also bombarded with the global agreement about jobs and jobs. But jobs, it's a paramount necessity here in the City ofMiami. So we are putting together a seven -member blue ribbon working group committee to study, recommend, and monitor all the issues that we'll bring to target communities, underserved community, and economic depressed community and improve the quality of life in the City. This afternoon I will send you a memo with the members, but I will tell that you it mirrors the community. This is at no cost. And, of course, our Chief of Staff Tony Crapp, Jr., will be heading this committee and will make visits to different parts of the area of the City ofMiami, and we will request if and when we go to each of the district that you will allow us to take some of the staff of your office to visit and get inputs and ideas on this matter. So this is just an information piece for you. M.2 10-00001 DISCUSSION ITEM DISCUSSION REGARDING A PROPOSAL TO END THE CITY OF MIAMI'S APPEAL TO THE THIRD APPEALS COURT RELATIVE TO THE PROPERTIES ON THE MIAMI RIVER AND DIALOGUE ABOUT A WORKING RIVER. 10-00001 Memo.pdf MOTION A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, directing the City Attorney to abandon the City ofMiami appeal (Notice of Abandonment) to the Third District Court ofAppeals relative to the properties on the Miami River. Mayor Tomas Regalado: The second item, Mr. Chairman, Mr. Vice Chairman, and Commissioner Suarez is an appeal to you to direct the City Attorney to abandon the appeal for rehearing on the properties in the Miami River. This has been going on, like, for two years. This -- these are basically three properties that the City rezoned and then the Court decided against the City, and this has to do with the issue of working river. Is the river ofMiami a working river or a river that needs to be developed for housing? And -- so as you well remember, the past Administration had the philosophy of -- that the river was supposed to be a place to live and that marine industry was secondary. I do not agree with that. But that will be for the future discussion that the City Commission should have, and my concern is that the City is still involved in a prolonged litigation. And I understand that some of the properties that were part of this litigation had appealed for a rehearing at the Third DCA (District Court ofAppeals), and the City was part of this. It would only -- to me it would only -- if we were to -- being part in the future of this appeal for rehearing, it would only complicate things when you all decide to discuss the future of the river. In this Commission there are four members of the Commission City ofMiami Page 120 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 that have some parts of the river; Disfrict 3, a large part, District 2, Disfrict 5, and the larger part is District 1. So it's for everybody to discuss that and -- but if we do not abandon this rehearing appeal, then it will be more difficult, because every time that you want to say something about a property, the City Attorney will say, well, we are involved in litigation and should not discuss this and that, and the future of the river must be discussed in the Sunshine and in public. So my appeal to you, ifyou can consider that, is that we abandon the rehearing or the appeal for rehearing. Chair Sarnoff All right. Is there someone who'd like to make a motion? Commissioner Suarez: I'll make the motion. Chair Sarnoff Is there a --? Vice Chair Carollo: Second. Chair Sarnoff All right. There's a motion and a second. Any discussion, gentlemen? I'd like to just say one thing, Mr. Mayor. I was one of those that did not vote for our plan with regard to the river. I know you were out that day for, I believe, either your grandchild or your daughter's - - had health reasons, and I suspect you would have joined me in the vote. Mayor Regalado: I would. I would have. Chair Sarnoff I think that the motion goes a way of suggesting maybe what this new Administration would like to see and maybe what this Commission would like to see, but I think we need to do more. And I'm going to ask that your office be responsible for convening a meeting of the shareholders -- the stakeholders, I should say, of the Miami River Group, Miami River Commission, and the Planning Department, and then bring back to us within 45 days your recommendation for how to negotiate with the State on the EAR (Evaluation and Appraisal Report) amendments. I think equally -- and I know the City Attorney may support this, but we're going to need some factual data upon which for us to base our decisions. Julie O. Bru (City Attorney): You know, what I suggest is -- first of all, the item that the Mayor has here has to do with the matters that are at the Third DCA, the court of appeals. And ifI sense what's going to happen, you're going to direct the City Attorney to abandon that, which is perfectly within your discretion to do so, and that's fine. With respect to what has been happening in our attempts to finalize the finding of compliance of our EAR -based comp plan amendments, I would suggest that before you take any action involving the other interested parties, that we just meet, that you allow us to meet with you. You allow my attorney who's working on this to meet with you. We are in the middle of a mediation right now, so there have been discussions that have been had within the ambit of that mediation that, you know, quite frankly, I don't think that we would be, you know, able to discuss with you in an open forum along with other individuals who are interested parties in this matter or anybody, for that matter. I can -- within the next week if anybody wants to, I can meet individually with each Commissioner and just inform you as to where we are in the mediation, attorney -client. And then perhaps at the next City Commission meeting, ifyou want to take a more public position with respect to what we are doing in the mediation, then I think it would be appropriate to do it at that time. But without having had the benefit of meeting with you, attorney -client, and going through where we are in this process, I would recommend against it. Chair Sarnoff All right. That's fine. Andrew Dickman: Mr. Chair, ifI could. Chair Sarnoff Let me just get the vote on the Third DCA out of the way, then I'll -- let's just City ofMiami Page 121 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 have the vote with regard to the -- There was a motion. There was a second. All in favor asking the City Attorney to abandon the appeal and to make a notice of abandonment to the Third DCA, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. You want to be heard, Mr. Dickman? Mr. Dickman: Yes, ifI could, please. Andrew Dickman. I'm the attorney for the Miami River Marine Group. And I want to apologize. My client, Fran Bohnsack, had to do -- was called away. There's an emergency meeting at the County with the Port and with Coast Guard and other shipping consortiums on the river to get ships online immediately to get aide to Haiti, so she had to leave from that. But I do need to give you a little history here, because it is very important to address the issues of the EAR amendments now. And the reason is is that as we speak today -- Chair Sarnoff Wait, wait, wait, wait, wait. Before you put something on the record, is it okay to hear this? Because if we're in litigation, I don't -- Bru: Well -- Chair Sarnoff -- want to violate your instruction. Ms. Bru: You know, I can't tell him what to do or not to do. And I can't tell him how to govern himself in accordance with the rules that govern our profession when you're dealing with -- you have -- you're in the middle of a mediation. So all I can tell you is you, as my client, that we should not be discussing anything that is perhaps at this point issues that are being negotiated within the ambit of mediation. Mr. Dickman: Let me -- Chair Sarnoff Is anything you're going to bring up going to be regarding mediation? Mr. Dickman: -- just say this because I think -- I have a feeling this is a bit of smoke and mirrors. I'm sorry about saying that, but it is. And we've been working on this for a long, long time, and I could tell you as of today that the State has agreed with us and the City has agreed to put this case in abeyance for another 60 days primarily because the State wants to know what direction does this new leadership want to go. The current direction that the City is proposing with regard to the amendments -- Chair Sarnoff Is this the mediation position? Mr. Dickman: It's going to be a very general statement. It's not going to be specific issues that were talked about in the mediation, so I feel comfortable stating this. But I will tell you that the direction that the City Administration is going in now is the exact same direction that they were going in under the priorAdministration, and we do not agree with it. And unfortunately, if that mediation settlement comes back here to you all, it's just going to continue the litigation. So my suggestion -- and we've been trying to get out of this litigation mode for a long, long time. We really have. And my suggestion was exactly that, is that we have a stakeholders meeting now, instead of getting the State involved right now -- and they're willing to let us hash it out here locally and come up with a plan. And that's as opposed to having it put forward as a mediation, brought back as a settlement that we would oppose, 'cause I know exactly what they're proposing. It would be a public hearing, and then if we object to it and assuming it passes or doesn't pass, it's going to waste a lot of time at the state level. It's going to waste a lot of time with a mediator, I can tell you that. It's going to waste a lot of time of attorney time and staff City ofMiami Page 122 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 time when I think the most expedient way to deal with this is to have a local meeting, us, the Miami River Commission, Planning, and let's get together and try to find something that we think is in line with what the Planning Advisory Board passed, which I think is what is the will of the prior Planning Board and keeps the river in a working river format. That's all we're asking. I think it saves time. I think it saves money. I don't think I divulged anything that deals with mediation. Chair Sarnoff I agree. Mr. Dickman: I think it's the smart way to approach this. Chair Sarnoff Are we at a 60-day abeyance? Ms. Bru: We have continued the mediation for 60 days. And having heard what he's requesting, I again strongly urge you that before you make any commitment to publicly entertain this issue, that you allow me and my staff to brief you on what is happening with respect to the mediation, and then on the 28th, you can take whatever decision you want to publicly with respect to this matter. Chair Sarnoff Oh, I think that's fair. I think we need -- Andrew, I think we need to hear from our attorney and -- Mr. Dickman: And can we have the same privilege of meeting with you to talk about our side of it? I mean, it's -- Chair Sarnoff It's up to her. I mean, I -- Mr. Dickman: -- only fair. I mean, you're going to get -- Chair Sarnoff Are you in litigation with us? Mr. Dickman: No. We're on the side of the State. The State is suing you guys because of the amendments. Chair Sarnoff All right. (UNINTELLIGIBLE), have you intervened on behalf as a -- Mr. Dickman: Yes, we have. Chair Sarnoff -- as an amicus curae or something? Mr. Dickman: Yes. We're an intervener in the case. Ms. Bru: Yeah. He -- Chair Sarnoff So I -- what is the --? Ms. Bru: My position is is that he is litigating with the City and -- Chair Sarnoff I think the only -- I think -- here's what we do. We give her the opportunity to meet with us. I will bring up a discussion item at the next Commission meeting. I think you can publicly address us, and I think this Commission board -- I'm -- pretty well know where I am. I don't know where they are 'cause I don't know how they've been briefed. I don't want them to be briefed by her publicly 'cause it wouldn't be fair. And then at least I will know and you'll have two more Commissioners that even you may or may not know where they stand, and then we'll have a fervent discussion. I don't know that we'd come to a fruition on the 28th, but at least we'll City ofMiami Page 123 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 have a discussion on it. I'm going to limit our time to it 'cause I could see this going for a long time, but we'll have a discussion, and we'll see if this Commission can set some policy that maybe we need to pass a reso, maybe we need to pass something, but we'll see where we go from there. And I'll ask the City Attorney to tell me the extent upon which we can go in the January 28 meeting, whether it's a reso, whether it's a mere policy statement, or whether it's something more robust than that. Ms. Bru: I think that -- I don't want to describe to you what it is -- what kind of action you can take on the 28th. It could very well be that you could end up, you know, wanting to just put a halt to the process that's ongoing, but you really need to hear from the attorneys that have been working on this for almost a year along with the Planning staff. Chair Sarnoff I don't -- Look, I don't know that you would change my mind, butl don't know that any minds have been made up over here. So I completely agree with you, and I don't want anyone violating their ethical obligations under the Florida Bar Code of Ethics and divulging anything. So I think we're in a good spot. I think you have two weeks in which to meet the Commissioners. My office will make myself available and you have two more Commissioners hopefully you'll be briefing as well, and one of which has the majority of the river -- well, probably the majority of the river we're talking about. Mayor Regalado: Right. Chair Sarnoff Certainly. Mayor Regalado: And that's why, Mr. Chairman, I asked to only have this item -- which in terms, if you all vote for it, it sends a message that the City has the possibility of changing the direction and the philosophy on the river. I do not believe that -- I don't know ifMr. Dickman was referring to this as a smoke and mirrors, but believe that if we abandon the appeal, it's just sending a message that we're willing to consider a change in policy. Chair Sarnoff Mr. Aguirre, you're recognized for the record. Horacio Stuart Aguirre: Thank you, Mr. Chairman. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida, Durham Park Neighborhood Association. I'm privileged and proud to serve as their president on the Miami River. We are co plaintiffs on two of the three Miami River cases. I personally find it shocking and appalling that my City Administration is engaged in private back -room negotiations on something of such great importance, of something so significant, of something that affects so much of our community and we can't discuss it in private -- in public because it's a private mediation. How convenient. Chair Sarnoff Well, I -- Mr. Aguirre: But don't think this is the spirit that Mr. Carollo has been talking about early this morning wisely and properly, and I commend you, sir, in terms of openness, transparency, and doing the people's business in the Sunshine. Thank you, Mr. Chairman. Chair Sarnoff Thank you, Mr. Aguirre. I'm going to give the City Attorney the opportunity to brief everyone in private 'cause there is litigation involved and then for you to have a public hearing in front of us. There's no reason to further discuss this. Mr. Dickman: (INAUDIBLE) at the next meeting, we'll be able -- Chair Sarnoff Oh, the next meeting would be -- well, January is a hell of a meeting, January 28. City ofMiami Page 124 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Unidentified Speaker: February. Chair Sarnoff February all right with you? Mr. Dickman: It's fine. As long as we get an opportunity to speak about this and we're not prevented (UNINTELLIGIBLE) -- Chair Sarnoff Right. But why don't we do it -- Priscilla A. Thompson (City Clerk): I'm sorry, Chair. I do need him -- Chair Sarnoff Sorry. Ms. Thompson: -- on the mike because he's -- Chair Sarnoff It was Mr. Dickman addressing me from the second row of the chambers. But -- Mr. Dickman: I just want to make sure we have an opportunity to speak and we're not blocked. Chair Sarnoff That's fine. Let's put him on the first meeting in February. Ms. Thompson: Okay. That would be your February 11 meeting. Chair Sarnoff February 11 ? Okay. Mr. Dickman: Thank you. Chair Sarnoff All right. Thank you, Madam City Attorney. Mr. Mayor, you're recognized for M.3. Mayor Regalado: You got to vote. Chair Sarnoff Sorry? Ms. Thompson: No. The vote -- Mayor Regalado: You got to vote. Ms. Thompson: No. Chair Sarnoff Oh, I'm -- yeah, I don't think we have -- yeah. Mayor Regalado: Or you just need a direction. Okay. Ms. Bru: Yeah. They've already directed me to abandon -- Mayor Regalado: Oh, okay. Ms. Bru: -- the appeals. Mayor Regalado: Okay. M.3 10-00002 DISCUSSION ITEM DISCUSSION REGARDING UNPAID FEES BY MIAMI-DADE COUNTY AS IT PERTAINS TO SOLID WASTE COLLECTION AT COUNTY -OWNED City ofMiami Page 125 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 PUBLIC HOUSING UNITS LOCATED WITHIN THE CITY OF MIAMI. 10-00002 Memo.pdf WITHDRAWN Mayor Tomas Regalado: Mr. Chairman, the last item -- I'm withdrawing M.3. M.4 10-00003 DISCUSSION ITEM DISCUSSION CONCERNING THE GLOBAL AGREEMENT AND IF THE CITY OF MIAMI IS OBLIGATED TO CONTINUE PAYMENTS FOR THE PERFORMING ARTS CENTER IF CRA BOUNDARIES ARE NOT EXTENDED BY THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS. 10-00003 Memo.pdf DISCUSSED Mayor Tomas Regalado: But the last item is the global agreement. And the reason that ghosts of the past are coming back is because something that was voted here is haunting us now. As you know, the City -- the County Commission tabled -- deferred an item that is of great importance to the City ofMiami, which is the expansions of the CRA (Community Redevelopment Agency), especially the Omni CRA. And they requested that I will be there for the next discussion. I will be there. I understand that you will be out of town, butt will be taking a letter from you as the chairman of the DDA (Downtown Development Authority), of the City Commission, and of course, the area Commissioner. And it seems that there are some issues that the County has in extending the boundaries of the CRA, especially the Omni CRA to Watson Island or even McArthur Causeway. And as you know, we need that in order to pay for the financing of the tunnel project, the City ofMiami, it's obligated to pay as part of the global agreement on the tunnel. So I have been discussing with the City Attorney whether or not the failure to expand the CRA's boundary creates a breach in the interlocal agreement or in the global agreement. And the global agreement and the interlocal agreement is very clear. If parts are not complied with, then there is a breach in the agreement. And my question to the County will be, well, if you do not wish to expand the boundaries, then we need our money back from the Omni CRA that we have been paying to the County to defeat the construction bonds of the Performing Art [sic] Centers [sic]. I understand that the last payment was like $9 million. And as you know, there is a scale and we will be paying up to $25 million a year for the next 30 years, up to 25 million, that's maximum, to the Performing Art [sic] Center -- to the County for the Performing Art [sic] Center. I believe that the County does need these monies for the Performing Arts. I believe that this was a promise or a commitment that they made; should the City pay the bonds, then we can go ahead and build the stadium. They had that commitment, but it is important that we show unity and that we do not, you know, have a weak position in -- before the County, 'cause the last time that we had an issue -- or they had an issue, they hold on to some of the things that we wanted up until the CRA decided to pay the Children [sic] Trust money, which we are doing now -- you are doing now as CRA board members. So I just wanted to tell you that this is my idea of coming to the County Commission. If you have any other ideas, if you have any other marching orders that I should take to the County Commission --I think it's on the 20th --I will be very happy to do it. And -- but I justwant you to know that I will be telling the County Commission if you don't want to extend the CRA boundary, fine, just give us back the money and we'll all be happy. Chair Sarnoff Commissioners, any comments? I -- Mr. Mayor, I couldn't agree with you more, and I hope you're as persuasive as you've ever been in your life, because I don't know, when something says an agreement, it tends to be an agreement and it means there's a moral, ethical, and legal obligation. If they want to breach the agreement, then the ramification of which should be we simply get our PAC (Performing Arts Center) money back. And if they choose that, that's a perfectly valid position for the County to take. If they wish to maintain our PAC money, City ofMiami Page 126 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 then they, simply put, should agree to the agreement. And the reason so many things were put in this agreement, Mr. Mayor, was not every one of us agreed with every aspect in here. It looked like a bill in Congress. It looked like it gave something for everyone that they wanted so there was what was called a master agreement. If they don't want to fulfill their master pledge and their master agreement, it is a true indication to their taxpayers their honor or lack thereof that they wish to demonstrate publicly. However, I hope you go to them and you say very clearly if you wish to breach, the City ofMiami is very satisfied with that breach, but the result and ramification of that breach is we get our PAC money back with interest and we have no further PAC obligations to you. Mayor Regalado: I don't think they like that. Chair Sarnoff No. I don't think they will either, and I think they should own up to what they agreed to, and I think that this is how governments interact with each other. They should do so with the covenant of an honorable undertaking, and they should take this as an honorable undertaking. Mayor Regalado: Thank you, sir. Chair Sarnoff Thank you, Mr. Mayor. Mayor Regalado: Thank you, Commissioners. Chair Sarnoff All right. I think we're in recess, gentlemen. Want to give us two hours for lunch, 3:30? All right. We'll adjourn [sic] back at 3:30. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER 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. City ofMiami Page 127 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 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 1-28-10.pdf INDEFINITELY DEFERRED Ms. Thompson: So you're continue -- you are continuing your district items. Is that --? Chair Sarnoff I am going to, yes, con -- well, are you going to ask me when I'm continuing them to? Why don'tI just defer them, and I'll come up with some times for you. Ms. Thompson: So we'll defer indefinitely, and you'll come back to us? Chair Sarnoff Yes. Ms. Thompson: Okay. If that being the case, your agenda is complete. You want to adjourn your meeting. Chair Sarnoff We do. Ms. Thompson: Thank you. Chair Sarnoff Motion to adjourn? Commissioner Suarez: I second. Chair Sarnoff All in favor? The Commission (Collectively): Aye. Chair Sarnoff Thank you, gentlemen. Ms. Thompson: Thank you. 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 City ofMiami Page 128 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 INDEFINITELY DEFERRED Note for the Record: For minutes referencing item D2.2, please refer to 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 END OF DISTRICT 5 NA.1 10-00074 DISCUSSION ITEM DISCUSSION REGARDING DONATIONS OF GOODS AND FINANCIAL CONTRIBUTIONS FOR HAITI IN THE WAKE OF ITS RECENT EARTHQUAKE. DISCUSSED Chair Sarnoff As a result of what's occurred in Haiti, District 2 has reacted, I think, as diligently and promptly as we possibly could, and we've been able to get ten pallets offood and necessaries to go to Haiti. We're partnering up with Camillus House to do this. And I believe we have Dr. Ahr, the director of Camillus House, who is the brothers -- with the Brothers of the Good Shepherd. We're going to be having a 40-foot container placed here at City Hall. I'm going to ask, as a challenge, first and foremost, the City ofMiami employees, which I know is occurring at the MRC (Miami Riverside Center) building -- but as we all know, they need canned foods, they need bottled water, and anything with meat or fish that's canned. And we're going to be sending a 40-foot container to Haiti, and we hope to have that there within the next week. However, I couldn't think of a better steward to get this done than the Brothers of the Good Shepherd and Dr. Ahr. And if-- as a point of privilege, I'd like to let Dr. Ahr state how this is going to occur and what they've been able to accomplish on 24 hours notice. Dr. Ahr. Paul Ahr: (INAUDIBLE) Camillus House, 336 Northwest 5th Street, in Miami. We've been asked and are grateful for the opportunity to serve the City. We are establishing a -- an account, a bank account under the title "Camillus House for Haiti Relief" and we will be accepting donations from the public, which will be 100 percent distributed to Haiti. As the Chairman has said, we have already made available ten pallets offood, clothing, and -- actually, food supplies and water. We invite anyone who wants to make a contribution to send it to Camillus House for Haiti Relief 336 Northwest 5th Street, in Miami. We'll get a notice out to the City as to where it should come. I just want to say that the Brothers of the Good Shepherd operate an orphanage, and we feel very much the pain of the people in this city with family in Haiti. We have no idea the status of the orphanage even 'til today. We have experience in making sure that donations that go to our orphanage get there, so we have some experience in terms of the transfer of goods City ofMiami Page 129 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 and money. So I appreciate -- we consider it a great honor to serve the City in this fashion. And I'd be happy to answer any questions that you have. Chair Sarnoff Dr. Ahr, in terms of financial, how -- what's the best way --? And I know right now money's not the best issue to send to Haiti, but people who don't want to go out and bring a can in or don't want to go out and get bottled water, if they wanted to send a financial contribution, what is the best, most efficient mechanism for them to do it? Mr. Ahr: Just send a check to Camillus House for Haiti Relief and like I said, we'll get over here the -- restate the mailing address. Again, those funds will be totally segregated. That's why I need to invite everyone to put the word Haiti on there because, of course, we do our own fundraising, and then we'll hold those until a mechanism has been developed where it is that the City would like for them to be targeted. Chair Sarnoff And for those who want to get a little more involved or want to feel a little more personal in nature, I understand that the Red Cross is calling for shipments of certain type of goods. What is it that the people can bring to District 2 and we'll put in that container outside? Mr. Ahr: Primary things that are being asked for now, to our understanding, is exactly what you described, powdered milk, evaporated milk, canned meat and canned fish. Chair Sarnoff Okay. Mr. Ahr: And we understand -- we're holding back on our clothing donations. I think many in the City remember that during the big hurricane season that Camillus House was integral to collection and distribution of food and clothing. We're holding back on the clothing for right now. And the request, as we understand it, is for cash to pay -- you know, buy building supplies and then for high protein foods and milk. Chair Sarnoff Thank you. Mr. Ahr: And water. Bottled water is very critical, we're told. Chair Sarnoff Okay. We'll put out a press release today that will help people remember this and get this out for the various news organizations. Mr. Mayor, I don't know how you feel about this, butt know the County might be doing this this afternoon. If our Fire Department could provide any of their old supplies that they may have -- I think the County's doing the same thing - - could you possibly give us a directive or some help with that? Mayor Tomas Regalado: Yeah. And first of all, thank you, doctor. And last night the Manager and I, we were at the warehouse where the Fire Department keeps the FEIVIA (Federal Emergency Management Agency) equipment and now we know that officially a special team of the Fire Department have been deployed to Haiti, 65 members of the Fire Department of the City ofMiami, with their equipment. They are self-contained. They can be there for 14 days, no infrastructure needed for them. They have their own water, their medical supplies, and they will be part of Florida One and Florida Two teams. Only -- by the way, only the teams in California and Florida have been deployed by the state department to Haiti. Of course, FEMA is paying for all these deployment. Also, the fire stations will be open today, all of the fire stations in the City ofMiami. And the guidance we have is precisely that we can only accept water, canned fish, canned meat, evaporated milk, and condensed milk, five items, which Food for the Poor believe that they can transport to Haiti in the near future. We believe that the port -- we know that the port has some issues in Haiti, but also -- and there is -- there're representatives here of the river, and we know that most of the traffic of the river goes to Haiti and Dominican Republic, and I am sure that Antillean or other lines will be ready to also take -- as soon as they are given the green light, to take to Haiti. And yes, we have some -- one of those items that we can donate City ofMiami Page 130 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 immediately from the fire station and even FEIVIA inventory that we have in the warehouse. So you all can be proud that the City ofMiami step up to help the people of Haiti. I was -- at the night of the earthquake, I went to Notre Dame Church to tell them that on behalf of the City of Miami, we will help, and this is what we are doing. And hopefully, we will be able to work with the Red Cross. Actually, there are more agencies that are willing -- Catholic Charities also is trying to get the donations so we can send it. But doctor is right. We should not accept clothing just now because these are not going to be priorities for transport by the Red Cross or by Catholic Charities. They're only asking for these five items plus money so they can buy the construction materials that they need and first -aid kits. That was -- the Red Cross is asking for any kind of first -aid kits. Chair Sarnoff Thank you, Mr. Mayor. And I think it's important everybody know that the Mayor has dispatched what's called the USAR team, Urban Search and Rescue team, from the City ofMiami. Mr. Ahr: Mr. Chairman, can I make one other comment? Chair Sarnoff Sure. Mr. Ahr: And you know this and the Mayor knows it. During the hurricane -- when we had the four hurricanes in Haiti, I believe that Camillus House trucks were at every pickup point transporting from public parks and fire stations to the storage, which was up a little north off of Biscayne Boulevard. I want to say that we're prepared to do that again, so if there are collection points and there is a storage location, we can use the Camillus trucks to transport from the collection points, for example, fire stations and the rest, over to where you're storing it so that -- oftentimes you're going to end up with things you can't use right now but you don't want to give them back. Our own warehouse is pretty full, but if we can work out an arrangement of a donated warehouse, we'll be happy to put our trucks back on the road again. Chair Sarnoff Great. My office will coordinate with you anything we can do. I'm sure Commissioner Suarez, I'm sure Commissioner Carollo want to get involved, and I'm sure that their offices will extend themselves and make this into an effort that I think every City ofMiami employee and every City resident will be proud of to show that somebody who is off to our shoulder -- as I put it, to our left, less than 600 miles away, will feel the full weight and effort of our generosity and our concern for their welfare. Mr. Ahr: Thank you. Pray for our orphans. Thank you. Chair Sarnoff Thank you, doc. All right. Mr. Mayor, what I'd like to do is go through the supplemental agenda first. Mayor Regalado: I'm sorry. I was talking to Tim because we also are working on the possibility of a concert in Bayfront Park. There have been many, many well-known artists and singers that have offered their time and maybe we can work out something. The City ofMiami will sponsor that concert and every money will be used for the Haitian relief. So we will know -- Chair Sarnoff Okay. Mayor Regalado: -- very soon. NA.2 10-00075 DISCUSSION ITEM DISCUSSION REGARDING THE ADVERTISEMENT FOR APPOINTMENTS TO THE HISTORICAL AND ENVIRONMENTAL PRESERVATION, PLANNING ADVISORY, AND ZONING BOARDS. City ofMiami Page 131 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 DISCUSSED Vice Chair Carollo: I have a question. If you know, I waited in directing Madam City Clerk as far as making -- doing an advertisement for the HEP (Historic and Environmental Preservation) Board, the PAB (Planning Advisory Board), and the Zoning Board until the Commission [sic] in District 1 and 5 be elected. With that said, I would like to ask that those positions or boards be advertised. However, I have a question. How would this interfere -- as you know, the Zoning Board and the PAB, Planning Advisory Board, are going to combine under Miami 21, so do we advertise for PAB now and Zoning? And then I guess, what, in March or April is when we advertise again for the new PAB or --? Realistically, I'm already looking at it where some of my Zoning or PAB board members might, you know, actually serve on the Miami 21. So I'm even considering my Zoning Board members being also my PAB members in anticipation ofMiami 21. But I'm just bringing it up for discussion. Chair Sarnoff Madam City Attorney, could --? I don't know if there's a cost reduction. It may just be a streamline idea. Could a person who's sitting on the PZAB (Planning & Zoning Advisory Board) Miami 21 Board equally be a member of the Zoning Board and of the Planning Board under 11000? Julie O. Bru (City Attorney): No. I would -- we would have to look at the language of how the board that was created under Miami 21, whether or not it allows for the transitioning of board members of a prior existing board. I don't know right now. We can look at the language and tell you. Chair Sarnoff Would -- Bru: We'll do that and give you an answer in a few minutes. Chair Sarnoff I don't -- I mean -- but would you do that, because I think it's something -- I'm envisioning -- and I see Orlando -- well, maybe he's not the right guy. But I see -- let me ask the question. I imagine there's going to be a period of time that we're going to have an 11000 issue still pending and Miami 21 issue still pending. Is there a time, Mr. Manager, you contemplate having essentially three boards, a PZAB, a Zoning, and a Planning? Pedro G. Hernandez (City Manager): Mr. Chairman, I was thinking the same thing, that there is a period, there is an overlap where you're going to have three boards -- Chair Sarnoff Right. Mr. Hernandez: A Planning Advisory Board, Zoning Board, and then the new board. It may be a period of three months. I'm just guessing. I would have to, you know, check with Hearing Boards and see where we are on the items, but you may have that case, yes. Chair Sarnoff Okay. Vice Chair Carollo: And Mr. Chairman, in that case, is it possible to have my Zoning Board member, under 11000, be the same as my PAB member and then be also my Planning and Zoning member in Miami 21? Chair Sarnoff Well, that's the question we asked the City Attorney, if that can be done? Maria J. Chiaro (Deputy City Attorney): The answer is not yet, but those ordinances that you all continued that were going to procedurally -- Vice Chair Carollo: Right. City ofMiami Page 132 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Chiaro: -- deal with -- Vice Chair Carollo: Right. Ms. Chiaro: -- Miami 21 were, in fact, going to deal with that issue, and that's the way we had it setup. So -- Vice Chair Carollo: Gotcha. Ms. Chiaro: -- the appointments you make now are only for the current Planning Advisory Board or for the Zoning Board, but the object is to make a transition from one code to the other and from the boards that advise on them. Vice Chair Carollo: And Madam Assistant [sic] City Attorney, if we advertise now and I choose my board members or maybe, you know, a board member that's there now -- I mean, I just want to open it up -- do we have to advertise again under Miami 21? Or can those board members just transfer over into Miami 21 Planning and Zoning Board? Ms. Chiaro: Again, we were dealing with that advertising issue in those ordinances that you continued. You will need to make new appointments, but the plan is not to have to advertise to the currently serving Planning and Zoning Board members -- Planning Advisory Board and Zoning Board members, they will be treated as if they were sitting members -- Vice Chair Carollo: Oh, I see. Ms. Chiaro: -- and then you can use those appointments. Vice Chair Carollo: All right. Thank you, Ma'am. Ms. Chiaro: You're welcome. Vice Chair Carollo: With that said, Madam City Clerk, if you could advertise for the HEP Board, the Planning Advisory Board, and the Zoning Board. Ms. Thompson: And you would like to make those appointments when, please? Vice Chair Carollo: I'm sorry? Priscilla A. Thompson (City Clerk): You would like to advertise to make those appointments at the February 11 meeting, is that it? Vice Chair Carollo: I would like to make those appointments as soon as possible. Ms. Thompson: Okay. I'll get -- because of the requirements in the codes as far as advertising, collecting the applications, the time frame that you must have those applications available to the public before you can make your actual appointment, I will work my calendar and get back with you and give you the date when you can make an appointment. Is that all right? Vice Chair Carollo: Yes. Thank you. And I foresee that being in late February, maybe early March. Is that the case or --? Ms. Thompson: Well, actually -- Vice Chair Carollo: Just get back to me. City ofMiami Page 133 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Ms. Thompson: Yes, if you don't mind. Vice Chair Carollo: Not a problem. NA.3 10-00077 DISCUSSION ITEM DISCUSSION REGARDING MONTHLY UPDATES FROM ADMINISTRATION DESCRIBING ALL REVENUE SOURCES BENEFITING THE CITY OF MIAMI. 10-00077-Submittal-Commissioner Sarnoff.pdf DISCUSSED Chair Sarnoff Mr. Manager, this might be a good time for a pocket item, if the board would give me a little indulgence. What I'd like to have is monthly updates from the City ofMiami Administration describing all revenue sources benefiting the City ofMiami. In other words, what I'd like to know is are we deviating from the budget, so that we know ahead of time, not, let's say, in June, you know, we're $6 million in the red on the '09/'010 [sic] budget. I'd like to know how we're over budget, what department is over budget, what has created us to be over budget, the actual receipts versus the projections. I think Commissioner Carollo could probably talk circles around me on that. In other words, did we misproject? Are we just under receipts? Is the economy so good or so bad that we're above or below projections? I just -- I was here when the surprise hit in August. I don't want to be here for any August surprises. I want everybody well aware in April and March and maybe even February. Right now, in my own mind's eye, we're 100,000 ahead in the budget, but don't know what you know. You know, I know that the, for instance, Flagstone money was never budgeted, so we're a half a million dollars ahead. I know we never projected to have two elections; we're 300,000 behind. I know that we didn't -- I don't think we budgeted for the Three Kings Parade; I don't think we budgeted for the Martin Luther King Parade, so I know that we're $120, 000 behind there. So we're $420, 000 off of $500, 000 surplus -- I was wrong; we're 80,000 ahead of where I think we are, but only you know. And I think -- what I'd like to do at each Commission meeting, the first Commission meeting of each month, which supposedly should be the shorter one, I'd like to hear as a discussion item projections: Where we are, how we're doing, and why we're either ahead or behind. Vice Chair Carollo: Budgeted to actual. Chair Sarnoff Correct. There you go, budget -- there -- Vice Chair Carollo: He wants to know budgeted to actual on a monthly basis. Pedro G. Hernandez (City Manager): Yes. Chair Sarnoff Agreed? Mr. Hernandez: Yes. Diana Gomez (Director, Finance): IfI may? Chair Sarnoff You're going to give it to us now? Michael Boudreaux (Director, Management & Budget): Well, we did, in a way. Ms. Gomez: Yeah. Diana Gomez, Finance director. The monthly -- we do issue monthly financial statements every month, and they are e-mailed (electronic) to every office of the Commissioners, the Mayor's office, all the department directors. And in that information, budget to actual, is presented in that monthly report. Also presented in the report is the projections for City ofMiami Page 134 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 year-end as well in that report. So you do get it on a monthly basis. Chair Sarnoff Would you mind presenting it -- Ms. Gomez: Sure. Chair Sarnoff -- at the first Commission meeting of each month? Ms. Gomez: Sure. Chair Sarnoff And then fielding -- not long. Ten minutes -- just fielding one or two questions by Commissioners? Commissioner Suarez: There's another issue, which is that it gets produced like two months behind -- it gets produced two months behind the actual month, so the information is somewhat stale, you know. Ms. Gomez: Those reports are -- we close the books on the second Friday of the following month, as long as ten business days has been passed, so we usually close the books around the 10th, 12th, 15th of the month, subsequent to the month which we're reporting. And then we have, according to financial integrity principles, 30 days to issue the report, so that would be about 45 days after the close of the month. We are trying -- Chair Sarnoff So could -- Ms. Gomez: Sorry. Chair Sarnoff -- you report -- that's all right -- on -- before you issue your written report, could you report --? So if you're on the 11 th or 10th day, pretty much you're always going to be within the first Commission meeting of the month. Not always but most of the time. Ms. Gomez: If we have closed the books -- Chair Sarnoff Would you report on the previous month? Ms. Gomez: We can report -- if we have closed the books by that first meeting? Chair Sarnoff Right. Ms. Gomez: So -- like we have not closed December yet. We're closing it tomorrow -- Chair Sarnoff Okay. Ms. Gomez: -- so it would not be -- it -- there's a chance it would not be complete for me to report on December -- Chair Sarnoff All right. Ms. Gomez: -- at that first January meeting. Chair Sarnoff Okay. Ms. Gomez: So -- Mr. Boudreaux: Mike Boudreaux, director ofManagement & Budget. Commissioners, we City ofMiami Page 135 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 understand the urgency of having projections available. We, too, share the same concern in the Budget Department about the performance of the budget and making sure that the $118 million on the reductions that were identified and approved are being adhered to, and that we are indeed cutting the cost down, 'cause that is a big chore of trying to reduce 118 in one year. So we are, after the Finance Department is closing the period, making an assertive effort to turn around our monthly projections quicker so that way we can get the document released. And of course, if you would like for us to report on that document, we can. Chair Sarnoff Well, I like the way Commissioner Carollo put it, actual -- Commissioner Suarez: Budget to actual. Chair Sarnoff Budget to actual. Mr. Boudreaux: Well, it will contain budget to actual. Chair Sarnoff Okay. Mr. Boudreaux: It will show the budget, the performance of the budget to that period, and then what we project the remaining periods to be. So we can provide that information. However, once again, you know, once the Finance Department closes their month, then we can go ahead and perform our projections. It does take a little time, because we want to make sure that when we report the causes, we're clear about the causes and that we can provide an accurate monthly projection. Chair Sarnoff Okay. Very good. Vice Chair Carollo: That's under -- I'm sorry, Mr. Chairman. Chair Sarnoff Go ahead. Vice Chair Carollo: That's understood, as far as a little time, but not two or three or four months. Mr. Boudreaux: Well, you know, once again, once the Finance Department does close the period, we do -- that's when the Budget Department kicks in, looks at that information, and then projects on it. So like I said, once she closes her period, we can cut down the amount of time that it requires us to have to present the monthly report by shortening the period down to less than the 30-day requirement after she closes the period. Vice Chair Carollo: Okay. All I ask is that you work with the Finance Department. You all work it out so you can bring the information that we are requesting. I'm hoping that it doesn't get to the point that we have to actually see when did the Finance Department close? When did they give you the information? How long did you take and so forth? I'm trying to avoid all that. All I'm saying is, please work with the Finance Department so it's a reasonable amount of time when you give us the information, so it's not three, four, or five months down the road, and you know -- Mr. Boudreaux: Well, with the same concern that you have about the fiscal impact against the budget, Commissioner, we -- I share that same concern. And as much as, you know, you would like to know the results, we're working diligently to make sure that we understand the results also so that we can report. Vice Chair Carollo: Thank you. City ofMiami Page 136 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Mr. Aluko: Thank you. Chair Sarnoff I think all we're looking for, Michael, or what we would categorize as unusual expenditures or unusual reductions, we're looking for frend lines. We just want to be a part of the budget so that the budget doesn't hit us in the face. Mr. Boudreaux: Well, I appreciate the same concern, Commissioner, in that, you know, if -- it is good to hear that everyone is concerned about this, because it will give us time to react and make some reactions to avoid a year-end issue. So hopefully, as we present these monthly reports, we're able to react on them and make the necessary changes required so the City won't have a further deficit. Chair Sarnoff All right. The -- thank you. NA.4 10-00078 DISCUSSION ITEM DISCUSSION REGARDING THE REAPPOINTMENT OF THE CITY ATTORNEY AND THE CITY CLERK. DISCUSSED Chair Sarnoff The other pocket item I'd like to bring up is the City Clerk's employment, together with the CityAttorney's employment, is going to be at the next Commission meeting. What I'd like to do, and as Chair, is appoint the two Commissioners to meet with them and review their salaries and review their performance and give a report to us within -- obviously, in about two weeks. And I'd like to give to Commissioner Carollo the Clerk, and I'd like to give to Commissioner Suarez the City Attorney. And if you could get back to us -- obviously, we're going to have a vote at the next Commission meeting. You're going to have two new Commissioners. Well, one who's not inexperienced, but maybe one that is. And just try to give us as full a picture as you can and what your recommendations are. We do this all the time. Don't feel like you're getting dealt an unusual hand. Is that agreed, gentlemen? Commissioner Suarez: Agreed. Vice Chair Carollo: Sure. Chair Sarnoff Okay. All right. NA.5 10-00079 DISCUSSION ITEM DISCUSSION REGARDING THE LACK OF SECURITY AT LITTLE HAITI PARK. 10-00079-Submittal-Commisioner Sarnoff.pdf DISCUSSED Direction by Chair Sarnoff to the City Manager to report back to the Commission within 30 days regarding adequate security at Little Haiti Park and other City park locations. Julie O. Bru (City Attorney): Mr. Chair, if you're doing pockets, I have a pocket item. Chair Sarnoff I'm not done with my pockets yet. Ms. Bru: Okay. Chair Sarnoff But I'll get to -- I'll tell you what, I'll do my last pocket, then I'll get to yours. Mr. Manager, Little Haiti Park. I mean, I know that -- here's the bottom line. We spent 50 to $55 million on this park. When we were building this park, the crime out there was horrendous. We City ofMiami Page 137 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 couldn't get contractors to keep their tools. Now, on December 24, you pulled security, maybe because you needed to. You have four women working in that building till 8, 9 o'clock at night. You've now put one Kent security officer back in Little Haiti Park, I think, until -- ifI recall, it's from 10 to 8 a.m., or something like that. I don't think you're providing the adequate security for the investment the City ofMiami made in that park. I mean, there is -- and I hate saying this in the public record, but you know we spent a lot of money, and you know there's a lot of artwork in there. And what I'm seeing is in that neighborhood, we're watching people's air conditioners get stripped from the roofs. We actually called the number -- as opposed to calling the Police Department, and finding out, well, crime's not up. And I mean that respectfully, gentlemen. We called a number of locksmiths and a number of welders just to find out is there an increase in the number of locks they're replacing? Is there an increase in the number of gates they're replacing? They're doing great business. They're off the graph good. We know we're in a high -crime neighborhood. How can we be pulling security? Pedro G. Hernandez (City Manager): Commissioner, I know that the security, let's say, account that was handling all those posts was under Police. We cut it out of the Police Department, and now Parks is assuming that responsibility. And I'll be talking to Mr. Burkeen to ensure that we have the proper security at those facilities now that it's under his purview. Chair Sarnoff And I'll take you at your word. Even your security cameras are not operating in that park. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. We didn't have the security cameras rolling or taping because we had 24-hour service. Now that we don't have 24-hour service, the cameras are up; they, in fact, are rolling; they're taping, and they could be monitored by employees on site and off site. Chair Sarnoff So is part of your security plan to have this reviewed by Internet, some sort of Internet device? Mr. Burkeen: It can be reviewed on Internet. Our issue here is that there's simply -- we don't have dollars budgeted for security. Chair Sarnoff How important do you think security is at Little Haiti Park? Mr. Burkeen: It's important not just at Little Haiti, but at a number of our sites. Chair Sarnoff And you don't have the ability, based on your budget, to secure these parks? Mr. Burkeen: I do not have the money. Chair Sarnoff Okay. Mr. Hernandez: Mr. Chairman, that is something that need to work with Ernest and Mr. Spring to be sure that we provide the adequate security at those facilities. Chair Sarnoff Are you here to speak? Mallory Kauderer: Yes. Chair Sarnoff Go ahead. Mr. Kauderer: Hello. My name is Mallory Kauderer. I'm chairperson of the Little River Business District Board, and we are -- you know, I've been going back and forth over the last several weeks. As a business community in that area, extremely concerned about what you're City ofMiami Page 138 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 just talking about, the Little Haiti Park, the cultural campus, and of course, parks around the City. And we all read the news, and we see there's a budget problem, and we understand that you know there's a budget problem. And I came here tonight just to let this Commission know that we're watching, we're aware, we need it done. I mean, ifI left my buildings to the elements, I wouldn't really have much left after about five years, so I take care of my properties. And if the City hasn't budgeted for this and the money's been shifted somewhere else, whether it be, you know, a fireman working two jobs and a pension, like we read about in the press, or a union voting to layoff lower -level people because they want to keep the money for themselves, for us, we don't care where the money comes from. We just care that there's security for what was built for the children and the women and the people that use it, and it's not there right now, and something needs to be done about it. And this Commission has the ability to look at it and possibly, you know, find the money and move it, and we don't care where it comes from. Thank you. Chair Sarnoff Thank you. Did he state his name for the record and address? Priscilla A. Thompson (City Clerk): I -- Mr. Kauderer: Mallory Kauderer, chairperson, Little River Business District. Ms. Thompson: Thank -- yes, he did. Mr. Kauderer: Thank you. Chair Sarnoff Okay. Thank you. All right. Mr. Manager, I -- hopefully, you can give us a brief report in about -- Mr. Hernandez: Yes. Chair Sarnoff -- 30 days' time to tell us how you -- Mr. Hernandez: I will, Mr. Chairman. Chair Sarnoff All right. NA.6 10-00080 DISCUSSION ITEM DISCUSSION REGARDING THE SCHEDULING OF AN EXECUTIVE SESSION ON FEBRUARY 11, 2010, REGARDING THE CASE OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, ET AL. DISCUSSED Vice Chair Carollo: I think -- Chair Sarnoff You have a pocket item. Julie O. Bru (City Attorney): Yes, Mr. Chairman. Thank you. I'm requesting that we have an executive session to discuss litigation strategy and settlement negotiations in a case. Let me read something into the record. Pursuant to the provisions of Section 286.011(8) of the Florida Statutes, I'm requesting -- I was going to request it for January 28, but I know you have a very, very busy agenda, so I would like to have it on February 11 -- an attorney -client session, closed to the public, for purposes of discussing the pending litigation in the case of Sidney S. and Danielle Wellman versus City ofMiami, case number 99-19523 CA-15, consolidated with Nadine Theodore versus City ofMiami, case number 99-28417 CA-15. Both are pending in the circuit court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. And the subject of the meeting, which we will notice, will be confined to settlement negotiations or City ofMiami Page 139 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 NA.7 10-00081 strategy sessions related to litigation expenditures. Chair Sarnoff All right. Ms. Bru: I mean, you have traditionally -- Chair Sarnoff Do we need to move for that or is that --? You're just -- Ms. Bru: No. It's just -- I just request it. And you have traditionally done it right after lunch; we've always had our executive sessions. So when I advertise -- when I notice it, I will put that we will have the meeting, you know, right after lunch, at approximately 2 o'clock. Chair Sarnoff Okay. One other -- Ms. Bru: Thank you. Chair Sarnoff Thank you, Madam Clerk -- City Attorney. DISCUSSION ITEM DISCUSSION REGARDING THE DISTRICT 5 COMMISSION SEAT. MOTION A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Chair Sarnoffvoting no, requesting that a resolution be drafted and sent to Governor Charlie Crist requesting that the State pay for a special election should the Miami City Commission not appoint someone to the District 5 seat. RECONSIDERED A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Chair Sarnoff voting no, to reconsider the motion requesting that a resolution be drafted and sent to Governor Charlie Crist requesting that the State pay for a special election should the Miami City Commission not appoint someone to the District 5 seat. MOTION A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, with Chair Sarnoff voting no, directing the City Attorney to, as soon as possible, draft a letter to the Governor of the State of Florida, Charlie Crist, respectfully requesting that should the Miami City Commission not appoint someone to the District 5 seat, the State of Florida pay for the special election due to the vacancy created. Direction by Chair Sarnoff to the City Attorney to draft a memorandum requesting that a Special Commission meeting be held on January 26, 2010, at 4 p.m., in order to fill the vacant position of Commissioner for District 5. Chair Sarnoff One other question to you guys -- gentlemen, excuse me -- January 26. Is anybody unable to attend a special meeting? That would be the Tuesday before the Thursday. I'm tempted to do it in the late afternoon so we compress ourselves as opposed to a long, drawn out discussion. What happened then -- I'll be frank with you -- is the Governor has, once again, removed Commissioner Spence -Jones. So barring intervention by the circuit court, we're going to need to appoint no later than that Wednesday, so I figure if we call for the special meeting on Tuesday, the 26th, and if, for some reason, we could not come to a conclusion by Tuesday, by Wednesday we better come to that conclusion and make an appointment. City ofMiami Page 140 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Mr. Chairman, if we do not come to a conclusion, can -- is it within our purview to pass a resolution to ask the Governor if the State will pay for a special election? 'Cause if so, I move to pass a resolution requesting the Governor that the State pay for a special election, should we need one. Chair Sarnoff All right. There's a motion. Is there a second? Julie O. Bru (City Attorney): Mr. Chairman, I counted -- and assuming the suspension is effective on Saturday, as it indicates, based on our interpretation of the executive order, the 10th day would be Tuesday, the 26th. That would be the 10th day. Chair Sarnoff Do you gentlemen think it would take us more than a day? I mean, if we don't -- Vice Chair Carollo: No. Chair Sarnoff -- get it done in a day, we're not -- Vice Chair Carollo: No. Chair Sarnoff -- going to get it done. Vice Chair Carollo: No. I say -- I'm fine with the date on the 10th day. I say we do it on the day, and we decide whether one way or the other. However, I do want to bring up the motion that should we not be able to come in agreement and nominate someone and it goes to a special election, that we send a request to the Governor, and that request is that the State pay for the special election. Chair Sarnoff All right. There's a motion. Is there a second? Commissioner Suarez: I'll second the motion. Anybody that wants to pay for anything of ours, I'll second the motion on, pretty much, so -- Chair Sarnoff And just so you know, I won't be -- I will not be voting for that motion. I will not usurp and fail to fulfill my responsibilities to this Commission. I will not have anybody pay for that election simply because there's been two elections. And unless I'm mistaken, I equally pay state of Florida income -- taxes -- sales tax, excuse me. Luckily, we don't have that income tax. And I don't think we should put this responsibility on anyone else. I mean, it's our responsibility to appoint. We've got to appoint, and let's ful -- from my perspective, I'm going to fulfill that responsibility. I'm not going to give it to another governmental agency that I equally pay taxes to. Vice Chair Carollo: Well, all I'm saying is should we not agree on someone, then it's going to go into a special election. Chair Sarnoff Okay. I suspect you know the history of this better than I do? Vice Chair Carollo: No. I'll -- again, we live in the Magic City, and there's a reason they call it the Magic City. So all I'm requesting is that should it go to a special election -- and I can't predict the future. I don't have a crystal ball. You know, I'm not predicting the future. We -- once again -- and I mentioned it several times today -- I came with knowing how I was going to vote and so forth. I had no idea how you all were going to vote, and it seem that we were on the same page. It may be that way again. But all I'm saying is should we not agree and select someone, then, at the very least, I want to ask the State to pay for the special election. Chair Sarnoff Okay. So we have a motion and a second. Commissioner Suarez, any further City ofMiami Page 141 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 discussion? Commissioner Suarez: I do have some further discussion. How do we come up with this date? Because in my case, when I was elected on November 17, the earliest that I could swear in -- and there was a special election happening right around that time -- was eight days after my election. Eight days after the election was the 12th, right? So eight days after is the loth. I mean, it's -- Chair Sarnoff Yeah, the loth. Commissioner Suarez: Eight days after is the 20th, I'm sorry, and 10 days after that is the 30th. Ms. Bru: Commissioner, we came up with this date because in looking at our charter and looking at the method that this election was, you know, subjected to, the procedural method, for regular elections our charter is very clear. It says that the candidate who's elected holds office five days after the canvass of the vote, and then, you know, you do the calculations. And the Clerk is the one who determines, you know, the date of the canvass of the vote based on state's law that requires, you know, certain time be allotted for provisional ballots and so forth and so on. For the special election, though, which is governed by a separate section of the charter, it doesn't say anything about when the candidate holds office. So what we did was we just -- we took into account state law, which requires certain number of days for the canvass of the vote, and then since a special election is intended to get somebody in that seat as quickly as possible, what we said was noon, the day after the canvass of the vote. And that is how this special election was called for that is in the resolution that called for the special election. So it is our opinion, and it was communicated to the Governor, that the elect -- the Commissioner -elect would be eligible -- not just eligible; she actually holds office as of noon on Saturday. That's when she holds office. And thus, he has suspended her, effective upon -- Chair Sarnoff The moment she -- yeah. Ms. Bru: -- Michelle Spence -Jones assuming office in accordance with the provisions of our charter. Commissioner Suarez: And we have 10 days from that to make a decision on --? Ms. Bru: Ten days. Within 10 days you can appoint someone to fill the vacancy. Chair Sarnoff Are you comfortable with the January 26th date? Ms. Bru: It's 10 days, so -- Chair Sarnoff Okay. Ms. Bru: -- it's Saturday -- you don't count Saturday. You start counting on Sunday. The loth day would be Tuesday, the 26th. Chair Sarnoff Okay. All right. We still have a motion, and we have a second. Any further discussion? All in favor, please say "aye." Vice Chair Carollo: Aye. Commissioner Suarez: Aye. Chair Sarnoff Opposed. Ms. Thompson: Are we finished with that motion? City ofMiami Page 142 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Yes. Ms. Thompson: Because by a 2-1 vote, it passes. Chair Sarnoff Correct, that there'll be a resolution that in the event that we do not appoint on January 26, that we ask the Governor to then pay for the special election, ifI recall correctly. Vice Chair Carollo: Or the State. Chair Sarnoff I meant the State. I -- Vice Chair Carollo: We ask the Governor to have the State pay for the special election. Commissioner Suarez: Well -- I mean, I think it would be prudent to ask the Governor -- I mean, or the State now if they're going to -- because if they deny, you know, to the extent -- I mean, that could influence the decision of whether or not to have a special election or to appoint someone on that date. You know, certainly, it was influential, and it was something that we had to go back and forth on. Chair Sarnoff Can I ask a question? Because I believe Michelle Spence Jones will be authorized to once again vote again -- Commissioner Suarez: Right. Chair Sarnoff -- run again. Commissioner Suarez: Right. Chair Sarnoff And how would the outcome be different? Vice Chair Carollo: Madam City Attorney, is that the case? Can the Governor then -- is it within his purview to prevent Michelle Spence -Jones to run again and have a new slate of candidates? Then, you know, whoever would like to run for that office run. Ms. Bru: You know, I don't advise the Governor, but he has taken the position thus far that he has no power to prohibit her from running. That has been his position, and I don't see why he would change it. Vice Chair Carollo: The motion passes. I don't know ifI need to make an additional motion for an amendment or so forth, but the bottom line is I just like to start on that letter as soon as possible and be mailing it to the Governor, if possible. Chair Sarnoff Well, why don't we do a motion to reconsider, restate your motion so you -- the winner -- the person who has -- the two who had voted for the motion need to do a motion for reconsideration. Vice Chair Carollo: Okay. So I will make it as far as a motion, a motion to reconsider. Chair Sarnoff All right. There's a motion of reconsideration. Is there a second? Commissioner Suarez: I second the motion to reconsider. Chair Sarnoff All in favor, please say "aye." City ofMiami Page 143 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Vice Chair Carollo: Aye. Commissioner Suarez: Aye. Chair Sarnoff All right. And one of opposition. Now state your motion. Vice Chair Carollo: My motion is, as soon as possible, directing the City Attorney to draft a letter to the governor of the state of Florida, Governor Charlie Crist, letting him know that we respectfully request that should this Commission not appoint someone in the absence of the Disfrict 5 Commissioner, that the State be the one who pay for the special election. Chair Sarnoff All right. There's a motion. Is there a second? Commissioner Suarez: I guess so. Chair Sarnoff With certainty. All in favor, please say "aye." Vice Chair Carollo: Aye. Chair Sarnoff Opposed. All right. Priscilla A. Thompson (City Clerk): Be -- Chair Sarnoff I'm going to -- I'm not going to do my Disfrict 2 blue page. Ms. Thompson: I'm sorry. Before you leave -- Chair Sarnoff Yes, ma'am. Ms. Thompson: -- you've called for a special -- Chair Sarnoff We do. You're right. Can we do this by motion or is this something you want to do --? Ms. Thompson: No. Ms. Bru: Just -- Ms. Thompson: I'm sorry. Can you fol --? I'm just saying you called for a special meeting on -- Chair Sarnoff On January 26. Ms. Thompson: -- but no time. Ms. Bru: Yeah. Chair Sarnoff Oh. Ms. Thompson: You have to do the motion. I need a motion so I can advertise. Chair Sarnoff She says we don't need to do a motion. Ms. Bru: The Chair can call a special meeting on his own. Two members of the Commission can call a special meeting and the Mayor can call. Three members of the Commission or the Mayor. City ofMiami Page 144 Printed on 2/1/2010 City Commission Meeting Minutes January 14, 2010 Chair Sarnoff Gentlemen, do you have a preference on time? I will call the meeting at -- Commissioner Suarez: Whatever time works for you. Vice Chair Carollo: You want it in the afternoon, right? Chair Sarnoff I wanted to compress our time. Commissioner Suarez: 3 p.m.? Vice Chair Carollo: No. 5, 6. Commissioner Suarez: All right. Chair Sarnoff There you go. Why don't we compromise. Why don't we start at 4? Commissioner Suarez: Okay. Chair Sarnoff Is that fair? Vice Chair Carollo: Sure. Chair Sarnoff All right. So would you draft a memo for me, Madam City Attorney -- okay -- at 4 o'clock, on January 26? All right. I think we're in a -- yeah. This place -- this Commission is now -- motion for recess, or we don't need that? Motion to -- Ms. Thompson: To -- are we finished? Commissioner Suarez: Adjourn. Chair Sarnoff Yes. MOTION A motion was made by Chair Sarnoff seconded by Commissioner Suarez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 145 Printed on 2/1/2010