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HomeMy WebLinkAboutCC 2010-02-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com ,r , e lc IYfi9HP CHAU: IRYD Meeting Minutes Thursday, February 11, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Pedro G. Hernandez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes February 11, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS EX - EXECUTIVE SESSION City of Miami Page 2 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 PART B PZ - PLANNING AND ZONING ITEM(S) M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. "[Later...]" refers to discussions that were interrupted and later continued. City of Miami Page 3 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the 11 th day of February 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 Marc David Sarnoff at 9: 36 a.m, recessed at 11: 54 a.m., reconvened at 12: 05 p.m., recessed at 12:16p.m., reconvened at 2: 28 p.m., recessed at 2: 30 p.m., reconvened at 4:15 p.m., and adjourned at 6: 05 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 February 11, 2010 meeting in these historic chambers. The members of the City ofMiami Commission are Commissioner Frank Carollo, Vice Chair, Commissioner Francis Suarez, Commissioner Wifredo Gort, Commissioner Reverend Richard P. Dunn, and myself Marc David Sarnoff, Chairman. Also on the dais are Pete Hernandez, the City Manager, Julie O. Bru, the City Attorney, and our City Clerk, Priscilla A. Thompson. The meeting will be opened with a prayer by Commissioner Dunn and the pledge of allegiance by Commissioner Willy Gort. Commissioner Dunn. Invocation and pledge of allegiance delivered. Chair Sarnoff Thank you. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00139 PRESENTATION Honoree Presenter Protocol Item Urban Search Mayor Medallions and Rescue Team Regalado of Honor Special Presentation Mayor recognizes visitors with the Kagoshima, Japan Student Exchange Program 10-00139 Protocol.pdf PRESENTED 1. Commissioner Dunn presented Medallions of Honor on behalf of Mayor Regalado to the South Florida Urban Search and Rescue Team for their heroic search and rescue efforts during the aftermath of the earthquake in Haiti. 2. Chair Sarnoff recognized visitors with the Kagoshima, Japan Student Exchange Program on behalf of Mayor Regalado. Chair Sarnoff We do have two presentations and proclamations. I know one is ready, and know, Commissioner Dunn, you're going to be presenting it, andl believe it's our Urban Search and Rescue Team, so you are recognized. Presentations made. City ofMiami Page 4 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 MAYORAL VETOES [Later...] Chair Sarnoff All right. One last item. This was -- the Mayor had this item. It is our sister city. Kagoshima is a sister city in Japan. We have, I believe, eight exchange students. Are you all there now? Are we all here? We have Jose Fuentes and the consul -- Muramatsu of the consulate of Japan. Presentation made. NO MAYORAL VETOES Priscilla A. Thompson (City Clerk): Chair, ifI might? I'm sorry, Chair. Your next item on your agenda will be the notification ofyour mayoral vetoes. Chair Sarnoff I apologize. Have there been any mayoral vetoes? Ms. Thompson: No, there are not. Chair Sarnoff All right. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: END OF APPROVING MINUTES City of Miami Page 5 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 CA.1 10-00085 Department of Police CA.2 10-00086 Department of Purchasing CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CONTINUED FUNDING OF PROTRACTED/COMPLEX INVESTIGATIONS, IN AN AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NO. 19-690001 AND ACCOUNT CODES 12500.191602.664000.0000 AND 12500.191602.514000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 10-00085 Legislation. pdf 10-00085 Summary Form.pdf 10-00085 Affidavit.pdf 10-00085-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0049 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED DECEMBER 23, 2009, PURSUANT TO INVITATION FOR BID NO. 199154, FROM YLLADA TIRE SERVICES, INC. AND LOS PRIMOS TIRE SERVICES, INC., THE TWO (2) LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS FOR THE PROCUREMENT OF ROAD SERVICE TIRE REPAIRS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL 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. 10-00086 Legislation. pdf 10-00086 Summary Form.pdf 10-00086 Award Reccomendation.pdf 10-00086 Bid Tabulation.pdf 10-00086 Corporation Papers.pdf 10-00086 I FB. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0050 City of Miami Page 6 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 CA.3 10-00087 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS Purchasing RECEIVED DECEMBER 11, 2009, PURSUANT TO INVITATION FOR BID NO. 92062, FROM BIORESPONSE, CORP. AND INTERNATIONAL PROTECTIVE SERVICES, INC., THE TWO (2) RESPONSIVE AND RESPONSIBLE BIDDERS, FOR THE PROCUREMENT OF DECONTAMINATION, DISINFECTION AND DISPOSAL OF BIO-HAZARDOUS WASTE, HYDROCARBON OR CHEMICAL SPILLS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00087 Legislation. pdf 10-00087 Summary Form.pdf 10-00087 Award Recommendation.pdf 10-00087 Bid Tabulation.pdf 10-00087 Corporation Papers.pdf 10-00087 Addendums.pdf 10-00087 I FB. pdf 10-00087-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0051 CA.4 10-00090 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE LEASE AGREEMENT BETWEEN THE CITY OF MIAMI AND AVS INTERNATIONAL GROUP, INC., FOR THE CITY OF MIAMI'S USE OF APPROXIMATELY 2,000 SQUARE FEET OF SPACE IN MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING WAREHOUSE SPACE FOR THE SPECIAL INVESTIGATIONS SECTION OF THE MIAMI POLICE DEPARTMENT WITH A MONTHLY RENT OF $1,833.33 ($11.00 PER SQUARE FOOT), WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENTS BUDGET. 10-00090 Legislation. pdf 10-00090 Exhibit.pdf 10-00090 Summary Form.pdf 10-00090 Text File Report.pdf 10-00090 Lease.pdf 10-00090 Exhibits. pdf 10-00090 Memo 1.pdf 10-00090 Memo 2.pdf 10-00090-Summary Fact Sheet.pdf City of Miami Page 7 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0052 CA.5 10-00103 RESOLUTION Department of Public Facilities A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND GOLDEN SANDS ALLAPATTAH CORPORATION, INC., FOR THE USE OF APPROXIMATELY 9,000 SQUARE FEET OF PROPERTY IN MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING OFFICE SPACE FOR THE INTERNAL AFFAIRS DIVISION OF THE MIAMI POLICE DEPARTMENT, WITH A MONTHLY RENT OF $11,437.50 ($15.25 PER SQUARE FOOT), FOR THE PERIOD OF ONE (1) YEAR AND A $15.00 CHARGE PER HOUR, FOR OVERTIME AIR CONDITIONING USAGE, WITH TERMS AND CONDITIONS AS MORE SPECIFICALLY SET FORTH IN SAID LEASE; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENTS BUDGET. 10-00103 Legislation.pdf 10-00103 Exhibit.pdf 10-00103 Summary Form.pdf 10-00103 Exhibit A.pdf 10-00103 Exhibit B.pdf 10-00103 Exhibit C.pdf 10-00103 Exhibit D.pdf 10-00103 Text File Report.pdf 10-00103-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0053 CA.6 10-00104 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Public Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ACCEPT RIGHT-OF-WAY DEEDS, IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR THE EXPANSION OF NORTHWEST 9TH STREET, BETWEEN NORTH MIAMI AVENUE AND NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM PARK PLACE ASSOCIATES, LLC, BAYVIEW TOWERS ASSOCIATES, LLC AND MADISON DOWNTOWN CONDOMINIUM ASSOCIATION, INC; APPROVING AND AUTHORIZING THE RECORDATION OF SAID RIGHT-OF-WAY DEEDS IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO AMEND THE CITY OF MIAMI MUNICIPAL ATLAS TO DESIGNATE THE PROPERTIES IDENTIFIED IN SAID City of Miami Page 8 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 RIGHT-OF-WAY DEEDS, AS OFFICIAL PUBLIC ROADWAY; FURTHER AUTHORIZING THE CITY MANAGER TO DIRECT THE CITY ADMINISTRATION TO NOTIFY THE MIAMI-DADE COUNTY PROPERTY APPRAISER OF THE CHANGE IN STATUS AND OWNERSHIP OF THE PROPERTY IDENTIFIED IN SAID RIGHT-OF-WAY DEEDS. 10-00104 Legislation.pdf 10-00104 Exhibit 1.pdf 10-00104 Exhibit 2.pdf 10-00104 Exhibit 3.pdf 10-00104 Summary Form.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0054 CA.7 10-00138 RESOLUTION District4- A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR Commissioner CHARLIE CRIST AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO Francis Suarez CODESIGNATE SOUTHWEST 27TH AVENUE FROM SOUTHWEST 22ND STREET TO US-1, MIAMI, FLORIDA, AS "HERBERT LEE SIMON AVENUE;" FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-00138 Legislation.pdf 10-00138 Biography.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0055 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff Gentleman, we're going to go to the CAs (Consent Agendas) [sic]. And is there any Commissioner willing -- wishing to push -- pull any of the CA items? All right, hearing none, seeing none, on CAs [sic], consent agenda, anybody wish to proffer a motion? Commissioner Suarez: I'll make the motion, Mr. Chairman. Chair Sarnoff All right, Commissioner Suarez. Commissioner Gort: Move it. Chair Sarnoff We have a motion. City of Miami Page 9 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote, Madam Clerk. City of Miami Page 10 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 PUBLIC HEARINGS PH.1 09-01445 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, Recreation AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S RECOMMENDATION AND FINDING THAT COMPETITIVE NEGOTIATION METHODS ARE NOT PRACTICABLE OR ADVANTAGEOUS PURSUANT TO SECTION 18-86(3)(C) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING THE REQUIREMENTS FOR SAID PROCEDURES; APPROVING THE RECOMMENDATION AND FINDING OF THE CITY OF MIAMI'S ("CITY'S") DEPARTMENT OF PARKS AND RECREATION, THAT THE FOUNDATION OF COMMUNITY ASSISTANCE AND LEADERSHIP ("FOCAL"), INC., A FLORIDA NOT -FOR -PROFIT CORPORATION IS THE MOST QUALIFIED FIRM TO CONTINUE TO PROVIDE AFTER SCHOOL TUTORING, COUNSELING, AND COMPUTER EDUCATIONAL SERVICES FOR AT RISK YOUTH AT THE CITY'S MOORE PARK; AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKS AND RECREATION SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FOCAL TO CONTINUE THE AFTER -SCHOOL SERVICES, FOR THE CONTRACT PERIOD COMMENCING OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2010, WITH THE OPTION TO RENEW FOR A ONE-YEAR PERIOD, UNDER THE SAME TERMS AND CONDITIONS, IN AN ANNUAL AMOUNT NOT TO EXCEED $94,452; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $94,452, FOR FISCAL YEAR 2009-2010, FROM THE PARKS AND RECREATION GENERAL FUND ACCOUNT NO. 00001.291001.531000, WITH FUTURE FISCAL YEAR FUNDING SUBJECT TO BUDGETARY APPROVAL. 09-01445 Legislation 2-11-10.pdf 09-01445-Exhibit-S U B. pdf 09-01445 Summary Form.pdf 09-01445 Bid Waiver Memo 2-11-10.pdf 09-01445 Notice Memo.pdf 09-01445 Notice of PH.pdf 09-01445-Submittal-Newspaper Articles. pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0056 Chair Sarnoff All right, PH.1. Ernest Burkeen: Ernest Burkeen, director of Parks and Recreation. PH.1 is a resolution authorizing an agreement with FOCAL (Foundation of Community Assistance and Leadership) to continue providing after -school tutoring. Pedro G. Hernandez (City Manager): Mr. Chairman, Commissioners, ifI may on the subject. We have looked at the proposed allocation to FOCAL and we have looked at their administrative expenses. We feel that there's a potential for reduction of their administrative charges, and we would like to recommend that the administrative charges be reduced by 21,000, thereby reducing City of Miami Page 11 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 their allocation of 115,000 by 21,000. I have discussed this with Mr. Chiverton. He has some concerns, but he feels that the delivery of services will not be impacted. Commissioner Dunn: Mr. Manager, I understand that the recommendation of cutting approximately $21, 000 from the budget will not -- this amendment will not affect the program in terms of delivery and services for the kids. Mr. Hernandez: Commissioner, that is my understanding, yes. Commissioner Dunn: Okay. Chair Sarnoff All right. We have a motion by the Commission -- Commissioner Dunn: So move. Chair Sarnoff We have a -- motion by Commissioner Dunn. Do we have a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. It is a public hearing. Anyone from the public wishing to be heard? Mr. Chiverton, please state your name and address for the record. You're recognized. David Chiverton: David Chiverton, FOCAL, Foundation of Community Assistance and Leadership. I'm the founder and president. I just wanted to say to the Commission thank you. Today, I bought [sic] with us some of our students from the program and some of the parents. The cut does -- will have an affect on the program. However, I bought [sic] some things with me so you can be more familiar. We service approximately 75 to 85 children daily at the City of Miami Moore Park. It's been a partnership that's been there over 10 years. The amount of money that you all give us from the City ofMiami, we're gracious with. And it's been a great partnership with the Parks Department. They really worked with us and integrated our programs. I would encourage for you all to get the opportunity to come out and just look at how the program functions and how we service it. And today, if you could, Mr. Chairman, I'd like to at least give one of the students -- because they're interested in how this process work and understand it -- ifI can give them just an opportunity to express to the Commission what it has done for them. And if you can allot me that time very briefly, I appreciate it. Chair Sarnoff Your -- please bring the student up. They'll be given two minutes. Mr. Chiverton: Thank you. Chair Sarnoff Mariano, let the student go first. Mariano Cruz: Oh, somebody -- okay, go ahead. Chair Sarnoff You just need to state your name and address for the record. Ernest Champagne: Okay. Good morning, Commissioners. My name is Ernest Champagne, and my address is 585 Northwest 35th Street. I have been part of the FOCAL program since I was 10 years old. Being part of the FOCAL program has really given me a good opportunity to learn and experience different things from a young age. From learning everything there is about space and NASA (National Aeronautics and Space Administration) at space camp, making and directing both film and music videos to learning about martial arts and taking part in leadership classes. Now, as a young adult, FOCAL has really pushed me mentally so I can be ready for life after high school, such as talking about college, financial aid, and taking my SAT (Scholastic City ofMiami Page 12 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Assessment Test) and ACT (American College Test). In my sophomore year of high school, I got to see different colleges, universities up close. Having the chance to go on a college tour broadened my choices of what university I will want to attend in my not -so -distant future. On the trip the University of South Florida really caught my interest. Now that I'm 18 and a senior attending William H. Turner Technical High School, I have sent my application to USF (University of South Florida), andl will be attending this fall, majoring in mechanical engineering. This is all thanks to FOCAL. I really do believe that ifI never got the chance to be part of this unique after -school program, I would never be the same -- I wouldn't be the same. I was able to go to the park, have fun, and learn. With the help of the staff and Ms. Barbara really helping me, I have developed into a respectful young adult that am today. I am a senior, andl will be attending college next year. I am prepared because FOCAL has equipped me with the knowledge and resources to deal with the whole process of getting into college. I know what is expected from me as a young adult in the real world. Although this is my last year in the program, I ask that you continue the program because it has meant so much to me andl have two younger sisters that are in the program. Chair Sarnoff Thank you. Mr. Champagne: Thankyou, Commissioners. Applause. Chair Sarnoff Mr. Cruz, you're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. As you can, I live 12 blocks from Moore Park, andl use --I had been there after school program that -- and even the other day -- and you mention jobs, jobs. We need that. And we need an educated -- pool of people educated for the companies to come here. Because they come here and they got to give them remedial training, they don't come here. They go to India. They go to Thailand. They go to any place. And the main thing here is -- and you know, see, honey -- no -- money, honey, you know. If you got the money, you get the honey, right? Jobs, okay. And I know that. I am telling you why I (UNINTELLIGIBLE). One of my grandchildren, live in Tallahassee, go to FSU (Florida State University), you know, as a computer programmer. You know how much he's making already? He's making more than his mother there. He's making $42, 000 a year as a computer programmer, you know. Those jobs didn't exist 20, 30 years ago. Now you got those jobs. So -- andl've been there, Moore Park. I've been at the charrette and different thing. I don't know if they fix the track already, because my wife go there to walk and she was complaining about the track, that she got to use Curtis Park, which is further away from home, okay, so I don't know. Maybe she's -- Elaine, if you watching TV (Television), I told them about the track in Moore Park, okay? Make sure, because otherwise, when I get home, they close the door to my room there, okay. Chair Sarnoff Thank you, Mr. Cruz. Mr. Cruz: Thank you. I am in favor not to cut anything at the program. Keep the program going because like you see there and you see the people, we need jobs, jobs, and education, education, education. Thankyou. Chair Sarnoff All right. Coming back to the Commissioner [sic]. Any Commissioner wishing to be heard -- Applause. Mr. Chiverton: Mr. Chairman, I want to thank you and just acknowledge the rest of the children from FOCAL, some of the staff and parents. If they can just stand up and be acknowledged. City of Miami Page 13 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Applause. Mr. Chiverton: Again, Mr. Manager, Mr. Chairman, Commissioners, and Mr. Burkeen, we appreciate the opportunity of educating our children; they are our future. And thank you for the time. Chair Sarnoff Thank you, Mr. Chiverton. All right, public hearing is now opened; public hearing is now closed coming back to the Commission. Vice Chair Carollo: Mr. Chairman, I think someone else -- Chair Sarnoff Yes, ma'am. Bernise Angrand: Good morning. Chair Sarnoff Please state your name and address for the record. Ms. Angrand: My name is Bernise Angrand. I live at 6940 Northwest 2nd Court. Good morning -- Commissioner Dunn: Good morning. Ms. Angrand: -- Commissioners. I am one of the countless number of parents who love and support the FOCAL program at Moore Park. I was scheduled for work this morning, but requested the time off to be here in support of FOCAL and to earnestly request that you reconsider cutting the budget that would affect such a wonderful program such as FOCAL. I could stand here for hours, literally, and talk about all of the wonderful things that I've witnessed through my children and experienced since enrolling my children in FOCAL three years ago. Because FOCAL is an academically -based program, everything that I, as a parent, work hard to instill in my children about honesty, good sportsmanship, working with others, having a good work ethic, and many more leadership skills that will further affect and has already had a great effect on them. I love that FOCAL has assisted me with continuing my children's love for science, reading, math, and technology, which is no easy feat. The time and care that the FOCAL staff display to my children and countless others makes that all possible, but the most important thing that FOCAL has given me as a parent is peace of mind, the ability to know that my children are safe, andl can actually relax while I'm at work and know that my children are learning and that the staff is caring for them and that they're learning and having fun at the same time. What else can a parent ask for? The academic part really is just the icing on the cake. I wanted to thank FOCAL personally. And if at all possible, please do not cut the budget for FOCAL. If at all possible, increase it. Andl thank you for listening. Chair Sarnoff Thank you. Applause. Chair Sarnoff All right, public hearing is open. The public hearing is now closed. Anybody else? Okay. Coming back to the Commission, is there any Commissioner that wishes to be heard on this issue? Commissioner Dunn: I just wanted to -- Mr. Chairman -- Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: -- I just wanted to add one more -- basically, what we're trying to do -- in City of Miami Page 14 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 light of the fiscal crisis that we're in, we're trying to find ways that we can cut without hurting or damaging the program overall. And one of the aspects that we looked at -- and l just want this to be on record, because I don't want anyone to think for one minute that we would do anything to hurt children. I'm an advocate of children. I'm an advocate of youth. However, we're going to try to demonstrate fiscal responsibility all across-the-board. That's one of the issues that we're faced with. And basically, we looked at -- at least we'll come back to it, but we looked at the budget, and that the cut will basically be from the administrative aspect, not from a programmatic. So I do want to put that on the record. Chair Sarnoff Thank you, Commissioner Dunn. Anyone else wishing to be heard? All right. This vote will be as amended, Mr. Manager and Madam City Attorney? Mr. Hernandez: That will be my recommendation, Mr. Chairman. Chair Sarnoff So the maker understands that and the seconder understands that, as amended. All right. Commissioner Dunn: Yes. Chair Sarnoff All in favor, gentlemen, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote, Madam Clerk. 9:00 A.M. PH.2 10-00091 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS IN THE AMOUNT OF $200,000; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI, NEIGHBORHOOD ENHANCEMENT TEAM FOR THE REMOVAL OF GRAFFITI IN PRIVATE PROPERTIES LOCATED IN TARGETED LOW TO MODERATE INCOME AREAS OF THE CITY OF MIAMI AS PART OF THE GRAFFITI MITIGATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00091 Legislation. pdf 10-00091 Exhibit.pdf 10-00091 Summary Form.pdf 10-00091 Public Notice.pdf SPONSORS:CHAIRMAN SARNOFF DEPARTMENT OF COMMUNITY DEVELOPMENT Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0046 Chair Sarnoff All right. Gentlemen, instead of proceeding directly to the consent agenda, if we City of Miami Page 15 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 could go to the PHs (Public Hearings), we can relieve ourselves of the burden of having an interpreter here and we could stay certainly within budget and hopefully make up some room. So we will start with PH.2, 3, and 4, but PH.2 is now called up. George Mensah: Good morning, Mr. Chair, Commissioners. This is George Mensah, director of Community Development. PH.2 is a resolution authorizing the transfer of Community Development funds in an amount of $200, 000; allocating said funds to the City of Miami Neighborhood Enhancement Team for the removal of graffiti in private properties located in targeted low- to moderate -income areas. I just wanted to provide other background to this particular resolution. This -- as you all know, graffiti on public or private property is a condition of blight that depreciates the value of property, which has been a target of said vandalism. It also devalues the property of adjacent and (UNINTET,TIGIBT,F) properties and creates a negative impact upon the entire community. Graffiti is also known to be associated with criminal activity and delinquency. It is a means of identification and intimidation utilized by gangs and its presence may further gun -related activities. The power of graffiti to create fear within a community and blight upon a landscape devaluing property and detracting -from a sense of community and job that the residents of the City goes just beyond the cost of clean up or removal. Not only is graffiti a criminal act of vandalism, but it's also a social crime upon the quality of life and freedom from intimidation that residents desire in their neighborhoods. This program, we allocated $200, 000. The source of fund will be CDBG (Community Development Block Grant). It will benefit a national objective of benefiting low- and moderate -income persons. The assistance we provide under this program will be limited to the removal of all visible graffiti from the property by a vendor or a NET (Neighborhood Enhancement Team) staff. The value of assistance for this program cannot be more than $1, 000 per property. To be eligible for this program, the property must be privately owned, be located in a low/moderate income area of the City ofMiami, or it has to be owned and occupied by a low- and moderate -income family. Ineligible properties under this program: government buildings and public right-of-ways [sic] will be ineligible, properties located in non -low- and moderate -incomes [sic] areas, and said properties owned and occupied by low- and moderate -income families, and properties with delinquent taxes or Code enforcement action will be ineligible. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: Yes, Mr. Chairman. Chair Sarnoff All right, we have a motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Gentlemen, any discussion on the item? Vice Chair Carollo: Yes, Mr. Chairman. Chair Sarnoff Commissioner Carollo, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. And thank you, Mr. Mensah, 'cause you actually looked into what had, you know, spoken to you about when we met with regards to these $200 [sic]. I asked for guidelines and procedures. However, you just mentioned the guidelines and procedures, andl never received them in writing. I'm looking at my backup material right now. We never received that in writing, so I'm just hearing them for the first time and -- Mr. Mensah: Mr. Commissioner, as you know, on Monday, when you had the meeting, I was not available. I was out sick. The -- yes, you -- I had it. I always -- when we run -- we do a City ofMiami Page 16 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 program, the program is always -- usually we come to Commission, get the fund transfer -- and the program is usually designed according to HUD (Housing of Urban Development) guidelines. And so when I heard that, what I did was -- we had a meeting yesterday with the various departments involved in the program, and our (UNINTELLIGIBLE) I was just going to design the guidelines, andl know that was your concern, so I just wanted to read it out to you, let you -- let the Commission know what the program is all about and what it (UNINTELLIGIBLE). And I'll be happy to provide this information to you. Vice Chair Carollo: No. I understand that. And believe me, I want to be in favor of these $200, 000. I think it's a very good idea, you know, andl know this is going to be -- coincide with the graffiti ordinance that I'm sure, in the near future, we're going to pass. But once again, ifI was the Commissioner that had the concern and said what are the requirements and you know, procedures for these -- for the usage of these $200, 000, now you're mentioning it. I never received it in writing, and this is the first I've heard of it, so I guess it's just procedures. I disagree with the way it was done, especially when I was the Commissioner that raised the concern. Mr. Mensah: I agree. Like I indicated, I just did it yesterday, and this thing was just completed yesterday. We had a meeting, andl just wanted to put on the record what the basic functions of the funds are because I know that people will ask "What is the money can be used for?" or "Who is eligible?" so I just wanted to be able to put it on the record. We can send -- I can send this to you. Vice Chair Carollo: No. I understand you can send it to me now. However, I'm going to vote in a few minutes and -- I mean, my memory's good, but it's not that good, so I don't know exactly all the requirements that you said and -- you know, I guess I'll take it at face value, but the truth of the matter is, you know, ifI raised that concern, I wish, you know, you could have given me the requirements thatl asked for before actually voting on, but thank you. Mr. Mensah: Okay. In the future, I will take that -- Chair Sarnoff All right. Any further discussion, gentlemen? Mariano Cruz: Public hearing. Chair Sarnoff Public hearing is now open. Public hearing is open. Anybody wishing to address PH.2, the Neighborhood Enhancement Team receiving $200, 000 of program income? It is on PH.2. Public hearing is open. You're recognized for the record, Mr. Cruz. Please state your name and address. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street. And you know, I have to talk about this because businessmen had come to me -- when a property owner that last year paid over $225, 000 in property taxes. He got property in Allapattah and he got building in Little Havana, 18 and Flagler. He told me that whenever they put graffiti, he got to pay that and the City come and give you fine and all that. But then I know people -- painting people (UNINTELLIGIBLE) people, they have paints that you go and you paint and then (UNINTELLIGIBLE) somebody come up to put graffiti, the graffiti doesn't adhere; it doesn't go into the paint so you can just erase the graffiti with water, okay, but they -- you know, there are chemicals out there. You know we don't live in a third country. You could -- the only thing you go over there to Home Depot and say, I want a frog with five legs. They will ask you, you want it green, red, violet, whatever. You know, you will get it. So don't tell me that people -- the City got to go and then put it -- what the problem is that this property owner tell me, besides the taxes, is that this abusing them to charge me -- I pay City taxes, County taxes, federal taxes, the whole thing, invest money, and then they come and fine me, because somebody else -- I cannot put a guard there watching my property for somebody that put graffiti, a gang (UNINTELLIGIBLE). That's a City of Miami Page 17 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 police issue. Police get enough money to take care of that, and pay police taxes too, okay. Thank you. Chair Sarnoff Are you speaking in favor of it or against it? Mr. Cruz: Well, I am in favor, but we got to find solutions and not just to paint there over and then over and over and over. Mr. Mensah: Yes. Mr. Cruz: Find a way to avoid the graffiti, either through that paint that you put it and then you can erase it with water. You don't have to -- that's the way it is. Chair Sarnoff Well, I think your point you're making is that -- Mr. Cruz: I am going to bring you the (UNINTELLIGIBLE). Chair Sarnoff -- we've got to stop the people who are graffitizing [sic], and their parents should be -- should know where their children are and discipline their children from creating this graffiti as opposed to being reactive, I agree with you wholeheartedly, but -- Mr. Cruz: Okay. How you're going to tell that when you got 13 and 14 year olds having babies too? Come on, (UNINTELLIGIBLE). Chair Sarnoff Well, I don't -- I got to tell you -- Mr. Cruz: Society is that way now. Chair Sarnoff -- Mr. Cruz, I didn't graffiti -- Mr. Cruz: And you know I was in your meeting there, and they say about children having children, babies having babies, you know. Chair Sarnoff Okay. Thank you. Any other Commissioner -- public hearing has been opened; public hearing is now closing, coming back to the Commission. Any Commissioner wish to address this any further? Hearing none, we're going to call the vote. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, we have unanimous vote, Madam Clerk. PH.3 10-00093 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), RESCINDING RESOLUTION NO. 09-0105, ADOPTED Development MARCH 12, 2009, RELATING TO THE CONVEYANCE TO MIAMI BEACH COMMUNITY DEVELOPMENT CORPORATION, WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 1301 NORTHEAST 111TH STREET, 11115 NORTHEAST 13TH AVENUE, 1075 NORTHEAST 149TH STREET, 1095-97 NORTHEAST 149TH STREET, 14950-52 NORTHEAST 11TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, KNOWN AS THE LIFE QUEST FACILITY PROPERTIES, FOR THE REHABILITATION AND UTILIZATION OF UNITS FOR THE PURPOSE OF City of Miami Page 18 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 PROVIDING A SUPPORTIVE HOUSING PROGRAM AS PART OF THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS ("HOPWA") PROGRAM AND THE ALLOCATION OF FUNDS IN THE AMOUNT OF $500,000 FROM THE FISCAL YEAR 2008-2009 HOPWA PROGRAM FUNDS TO ASSIST IN PART WITH THE REHABILITATION OF THE LIFE QUEST FACILITY PROPERTIES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00093 Legislation. pdf 10-00093 Exhibit.pdf 10-00093 Summary Form.pdf 10-00093 Public Notice.pdf 10-00093 Property Information.pdf 10-00093 Purchase Agreement.pdf 10-00093 Pre Legislation.pdf 10-00093 Pre Legislation 2.pdf 10-00093 Warranty Deed.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0047 Chair Sarnoff PH.3. George Mensah (Director, Community Development): Commissioner, PH.3 is a resolution of the Miami City Commission which rescinds Resolution 09-0105, which was adopted on March 12, 2009. And this related to a conveyance of property to Miami Beach Community Development Corporation, and these properties was part of HOPWA (Housing Opportunities for Persons with AIDS) program, the properties located at 1301 Northeast 111 th Street, 11115 Northeast 13th Avenue, 1075 Northeast 149th Street, 1095-97 Northeast 149th Street, 14950-52 Northeast llth Avenue. And so we ask that that resolution be rescinded. Chair Sarnoff All right. Do we have a motion from the Commissioner [sic] on PH.3? Commissioner Gort: Move it. Chair Sarnoff All right, we have Commissioner Gort with a motion. Commissioner Dunn: Second. Chair Sarnoff Commissioner Dunn seconds it. It's a public hearing. Anybody wishing to be heard on PH.3? It is HOPWA dollars that went to the CDC (Community Development Corporation) for North Miami Beach. Public hearing is opened; public hearing is now closed, coming back to the Commission. Any Commissioner wish to be heard on the item? Hearing none, I'll call the question. All in favor of PH.3, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff We have a unanimous vote, Madam Clerk. PH.4 10-00092 RESOLUTION City of Miami Page 19 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Department of Community Development A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ALLOCATION OF CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT AFFORDABLE HOUSING TRUST FUNDS, IN THE AMOUNT OF $150,000 FOR PAYMENT OF OUTSTANDING PROPERTY TAXES FOR THE PROPERTIES SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSES. 10-00092 Legislation. pdf 10-00092 Exhibit.pdf 10-00092 Summary Form.pdf 10-00092 Public Notice.pdf 10-00092 Notice of Application. pdf 10-00092 Warranty Deed. pdf 10-00092 Parcels. pdf 10-00092 Property Information.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0048 Chair Sarnoff PH.4. George Mensah (Director, Community Development): PH.4 is a resolution authorizing the Manager to allocate Affordable Housing Trust Fund dollars in the amount of $150, 000 for payment of outstanding property taxes for the properties that were -- the HOPWA (Housing Opportunities for Persons with AIDS) properties in North Miami. Chair Sarnoff All right. PH.4, do we have a motion the Commission? Commissioner Dunn: So move. Chair Sarnoff Moved by Commissioner Dunn. Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Public hearing is now open. Anyone wishing to be heard on PH.4, which is 150, 000 payment for outstanding property taxes for the property located in North Miami? Public hearing is now opened; public hearing is now closed, coming back to the Commission. Any of the Commissioners wish to be heard on PH.4? Hearing none, all in favor? Commissioner Gort: You have someone who wants to speak. Commissioner Dunn: Aye. Commissioner Suarez: Aye. Chair Sarnoff Oh, I'm sorry. Vice Chair Carollo: I think you have someone. City of Miami Page 20 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Sorry; I didn't see you. Ken Knight: Pardon me, Commissioner. Good morning, Commissioners. Commissioner Dunn: Good morning. Mr. Knight: Commissioner, on the item of -- Chair Sarnoff You need to state your name and address for the record. Mr. Knight: My name is Ken Knight, Liberty City. And on the item, PH. 4 and property taxes, it's just by coincidence that I'm here on behalf of one of our small business people, which is Jumbo's. And recently, as -- in an effort to retain jobs and create jobs, we were inundated with some issues with Code Enforcement, and we paid our taxes. And Mr. Chair, I just wanted you to know that I'm in support of the item, but at the same time, I wanted to bring it to your attention that we had some counterproductive measures on the way by Code Enforcement that is really, in my opinion, taking jobs away from the City ofMiami. Chair Sarnoff Is this in regards to PH 4? Mr. Knight: Yes. Because when you talk about property taxes -- and there again, in the -- and we're talking about the $150, 000 to actually pay property taxes. I'm talking about when people pay their property taxes and they're not getting any consideration for that. Andl would just like, just as I'm supportive of this effort, be supportive of the efforts of the business owners that pay their property taxes and then get cited by Code Enforcement. That's my point. Thank you -- Chair Sarnoff All right. Mr. Knight: -- very much -- Chair Sarnoff Thank you. Mr. Knight: -- Commissioners. Chair Sarnoff Thank you. Commissioner Dunn: Thank you. Commissioner Gort: Mr. Chairman? Chair Sarnoff Yes, sir, you're recognized. Mr -- Commissioner Gort is recognized for the record. Commissioner Gort: Let me ask you a question. Do we still have that program with the -- you allowed up to $10, 000 for Code -- for businesses that need to -- if they don't have the funds, do they -- Mr. Mensah: Yes, we do. Commissioner Gort: -- need to comply with Code? We still have that program, right? Mr. Mensah: Yes, we do, Commissioner. Commissioner Gort: Okay. Thank you. City ofMiami Page 21 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff All right. Commissioner Gort: There is a program to take care of that. Chair Sarnoff So there's a program to address what the speaker's issue was. You want to phrase it -- Commissioner Gort: Correct. Chair Sarnoff -- for us -- paraphrase it? Commissioner Gort: Yeah. The program is within the CDBG (Community Development Block Grant) districts. Any one business that gets -- failure to comply with the Code, they can get up to $10, 000 to comply to -- with the Code to do the fixing. You can do that through your NET (Neighborhood Enhancement Team) office. Mr. Knight: Commission Gort, I humbly -- I thank you ever so much, and Commissioners. And I would like to work to -- with CD (Community Development) as we had -- as it has been our intention. Andl see Lillian over there. But we would definitely like to move forward (UNINTELLIGIBLE) effort as opposed to running businesses and tourists out ofMiami. We need that help, and we've been asking for that help for quite some time. Thank you ever so much. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Commissioner Dunn's recognized for the record. Commissioner Dunn: Mr. Knight, before you return to your seat. I do want to take an opportunity to have you meet with my staff. I was briefed on that item that you're speaking about, and there were some other issues related to it, so it was not just re -- it's not just directed - - directly affected by the -- impacted by the Code Enforcement. So I'd like to talk to you about that when we -- Mr. Knight: Commissioner Dunn, we welcome that, but as you know, that's a historic landmark, it's iconic; been there for 55 years. And do take offense when you have a Jewish owner and we're treating him with such disdain, who has served this community, and his family; and to have someone defame that wonderful family that supports 25 black families for well over 30 years, I think that that's wrong and we need to address it. Thank you ever so much. Commissioner Dunn: Thank you. Chair Sarnoff Thank you. All right, we have a motion, we have a second. I'm going to call the question. Anyone wishing any further discussion? Hearing none, seeing none, all in favor on PH.4, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote, Madam Clerk. END OF PUBLIC HEARINGS City ofMiami Page 22 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 ORDINANCES - SECOND READING SR.1 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 SR 2-11-10.pdf 09-01366 Summary Form FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13140 Chair Sarnoff All right. We'll move on to SR.1. Diana Gomez (Director, Finance): Diana Gomez, Finance director. SR.1 is an ordinance amending Chapter 31 of the City code. The amendment addresses corrections of scrivener's errors from the last amendment to Chapter 31, which was done in October of 2009. This amendment also includes a new category for slot machine operations. And so we're asking that you pass it on second reading. Chair Sarnoff All right. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff All right. I have a motion by Commissioner Gort, second by Commissioner Dunn. It is a public hearing. Anybody wishing to be heard on SR.1, which is an amendment to the local business tax and miscellaneous business regulations? Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Mariano Cruz, chairperson ofABDA, Allapattah Business Development Authority, 1234 Northwest 31 Terrace. And we represent a lot of the small businesses all over (UNINTELLIGIBLE) in Allapattah, all over the place, and they hurting now. Now, I know the City -- I heard the Manager in radio program. We're looking for new funding sources. What about looking for new covering expense to -- okay, because it's not -- I live on a budget too. I didn't get a raise from the Veterans' Administration compensation, from Social Security or from the Labor Department, nothing. I didn't get zero. So I had to adjust my budget. I thought I was getting few dollars, but no, I didn't get them. Nobody get cost of living this year, okay. So what I'm supposed to do? Cut my expenses. I don't go out three or four times a week to eat out. I eat maybe twice a week out, whatever. But the City have to do the same thing. No, but they come here. But if they -- (UNINTELLIGIBLE) pass because they need the money -- because nobody got the guts to raise a little millage at the tax rate -- nobody want to be the tax mayor or whatever it was, okay. Now they're going to hit the small business. Well, they're going to hit the City of Miami Page 23 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 small business -- you can do something -- you can put some of that money aside and use that with -- together with Leroy Jones on NANA, in Neighbors and Neighbors, and use that money for grants or loans or microloans to small business, okay. You can set that money aside. The City can set that money aside. What percentage? How much you think you're getting of the five percent increase altogether? How much money? Ten thousand? I mean, a million, two million dollars? How much you thinking of getting more for the City? I want numbers, because I know it got to be numbers, because you're looking for new funding sources. What are going to be the new funding sources and how are they going to be used? Maybe you can use that coming back to the businessman -- Chair Sarnoff Thank you. Mr. Cruz: -- with licenses. Chair Sarnoff Thank you, Mr. Cruz. Mr. Cruz: Okay. Thank you. Chair Sarnoff All right. We have a motion. We have a second. Gentlemen, any discussion? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized for the record. Vice Chair Carollo: I think still someone -- Chair Sarnoff Oh, I'm sorry. I didn't see you. Vice Chair Carollo: -- for the public hearing. Leroy Jones: Good morning, Commission. Commissioner Gort: Good morning. Mr. Jones: My name is Leroy Jones, from Neighbors and Neighbors Association, 180 Northwest 62nd Street. Wow. I mean, it's -- we already in a critical state right now, and we fixing to increase a license at the time when the economy -- people don't have employment, businesses just managing the scale to hold on. In fact, most of the -- the large percentage of the businesses that's not having a financial situation is businesses that own their properties for years and years and still have those old mortgages that's 3 and $400. Imagine trying to lease a space with somebody right now that done refinanced their property and now trying to carry the property off your back. And if you open a business -- God forbid you open up a grocery store in the City of Miami. You got like ten licenses you got to get, you know. Now you got to go through DERM (Department of Environmental Resource Management), Water & Sewer. If you sell ice cream, you got to get a ice cream license. When all -- when the merchant license, the retail license covered everything. Now that's a separate license. You sell hot dogs, you got to get a hot dog license. You sell ice cream, you got to get a ice cream license. You got to get a merchant license. You got to get a sales tax license. Commissioner Gort: Thank you. Mr. Jones: If you sell beer and wine in the City, you got to get that. You can -- by the time you finish, you done spent $2, 000 trying to -- just trying to open a business in the City ofMiami and get rid of some of the slum and blight operating a business -- operating a building that nobody using. It's like it's -- I mean, is we trying to run the businesses away from the City, the small City ofMiami Page 24 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 businesses? Chair Sarnoff And in conclusion. Mr. Jones: We -- my conclusion is I know I don't have a vote, so whatever going to take place here today to increase the license, if that's going to take place, that's going to take place. But if you going to do that, if you going to do it -- I don't suggest you do it, but if you do it, some of that funding should be set aside, made available to help these same businesses that now we fixing to increase, add on to a bill that they already got more expenses. So if the City going to do that -- Chair Sarnoff Thank you, thank you. I understand what you're saying. Thank you. Mr. Jones: Yes, sir. Chair Sarnoff Appreciate it. Mr. Jones: Thank you. All right. Chair Sarnoff All right. Coming back to the Commission -- public hearing is now opened; public hearing is now closed, coming back to the Commission. Commissioner Gort, you're recognized. Commissioner Gort: I just want to make the statement that the City -- and Mariano, I understand what you're saying. I've only been here two weeks, but I can tell you from what I've heard from my colleagues, we are going to reduce expenses. My understanding is this is something that I -- we have inherit from the budget that was passed last year, 9 -- the budget '09/'010 [sic]. This is part of the budget, and these things need to be implemented in order for us to get it right. Now you know, Leroy, that we do help you and we help businesses and we try to have programs to help those small businesses. One of my conversations with the Manager is we have to improve -- be business friendly in the process of getting the licenses, and promise you, that's something we're going to be working on. Chair Sarnoff All right. Commissioner Dunn, you're recognized. Commissioner Dunn: Thank you, Mr. Chairman. I want to echo what Commissioner Gort said. I'm very sensitive to the issues that you brought forth, Mr. Jones, and I understand the challenges that we face in terms of trying to do business in the City. So we will be very sensitive to that. But at the same time, we have some obligations and responsibilities, and so we'll try our very best to balance it where at least people who are seriously prepared to do business, we will do whatever we can to assist them. So I want you to know that, but at the same time, we have to enforce some of the things that we have in place. Chair Sarnoff Thank you, Commissioner Dunn. Commissioner Carollo, you're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. Leroy, I heard you loud and clear. At the time same time, though -- and my biggest issue with this ordinance is the way it reads, because it's my understanding that, realistically, we're not increasing the fees. The fees were increased by the prior Commission. However, there was a scrivener's error on, I believe, three or four categories where they had an increase of 5 percent. However, they made an error and they had a lower amount there that wasn't the true amount. So what we're trying to accomplish now is that ordinance that was passed to increase across-the-board 5 percent to be implemented to these three, four -- I don't know how many -- six. There's six actual license fees, okay. So realistically, where I have a problem is is the wording of this ordinance, and increasing fees by 5 percent to reflect those that were missed in previous revisions. The truth of the matter is none of them were City of Miami Page 25 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 missed. They did a 5 percent increase across-the-board. However, due to scrivener's errors by the Administration -- and I'll give you an example. Let's say -- I think nursing was one of them. Let's say the nursing license was $100. That was a nursing license fee. And I'm just, you know, saying an example. Well, across-the-board there was a 5 percent increase. However, when the ordinance was written, they showed nursing license at $50, so 5 percent increase is actually less than what it originally was. So my issue with this is the wording in this ordinance, not -- it doesn't really mention the scrivener's error. It doesn't really mention -- you know, it actually -- when I read this, it gives the perception that we're increasing fees to make sure that all the ones that were missed before are now being increased. So it's not across-the-board like you think we're increasing fees for local business and so forth. It's just -- I think there's six of them that was, like I said, a scrivener's error. Is that correct? Ms. Gomez: That is correct. Plus we're adding the category of slot machines. Vice Chair Carollo: Right. So the only one that we're really adding that's going to be a new license fee will be slot machines. Mr. Jones: Commissioner, just one question, Commissioner, and that's it for me. Chair Sarnoff No. Public hearing's closed. Vice Chair Carollo: So -- I mean, that's what I have to say about it. I agree that we should vote yes on it. However, I disagree on the language that's here. It really -- it gives the perception that we're increasing fees across-the-board to all the business licenses, and -- like I said, I don't like the way it reads. Chair Sarnoff Anyone else wishing to be heard? You know, Mr. Cruz, I have the utmost respect for you and always enjoy listening to what you have to say, yet, I can tell you that don't think you own slot machines and, predominantly, this was about slot machines. Mr. Cruz: But I go and play there, Magic City. Chair Sarnoff Okay. Commissioner Gort: Oh, you can afford to go play, huh? Chair Sarnoff You can afford to go play -- and let me just say one thing about you saying you didn't get an increase last year, because that's the first year there wasn't a cost -of -living increase in the past 15 years and many of these fees have remained consistent since 1987, which means they didn't get a cost -of -living increase for almost 20 years, so it's a long, long time in the coming. Now for those of you -- obviously, you weren't here. I guess I'm the only legacy left -- Commissioner Gort: Yes. Chair Sarnoff -- of the last budget, you're going to go through a budget, and you're going to here whether we're on budget even this year, you're going to here we didn't make budget last year, and you're going to see their ways and the means there are to close budget gaps, and we have a huge gap faces us, gentlemen. And unfortunately, there are probably three ways of closing a budget gap: One is finding sources of revenues, two is across-the-board asking City employees to reduce their salaries, three is terminations. Those are your three choices, each one of them, in and of itself are bad choices to make, each one of them affect different segments of our society, and each one of them, in the abstract, don't seem to be that big a deal; yet, go talk to the 131 City employees that no longer have a job -- Commissioner Gort: Yes. City of Miami Page 26 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff -- the 27 that were fired two days ago, and probably the other 20 that will have to be fired to make up budget deficits. Hard choices, no doubt about it. I suspect this Commission is going to be an anti -tax Commission. I know I'm an anti -tax Commissioner. These are all hard choices. And each one of you did not have to make those choices in the last budget, but you will be making those choices very, very shortly as you hear we're not on budget, and those choices come down to the three sections that I've provided. And a little disappointed in Mr. Cruz and a little disappointed in Leroy because you didn't read the ordinance, you didn't read what it said. All you saw was increase, and these were scrivener's errors. There's another one you can come back and yell at us on, that's okay. We're certainly here to get yelled at and we're certainly here to listen to you. But don't just read what the ordinance says; read the transcript behind it so you can see, as Commissioner Carollo was very astute, most of this were just scrivener's errors, and I don't think any of you gentlemen own slot machines. So I'll call the question. Madam City attorney, it is an ordinance. Julie O. Bru (City Attorney): Yes, it is. And this is in final action. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 10-00004 ORDINANCE Second 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 CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00004 Legislation 1-14-10.pdf 10-00004 Legislation FR/SR 2-11-10.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13141 Chair Sarnoff SR.2. Julie O. Bru (City Attorney): This is the revision to the lobbyist ordinance. Chair Sarnoff All right. I guess this is -- I was the sponsor, along with the Mayor, on this one. This is the section that requires lobbyists to take an ethics training course. I meant to ask the City Clerk this morning, I understand that many, many lobbyists have already taken this course. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. We still have a number who have to take it. City of Miami Page 27 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff I understand. How many have taken it? Ms. Thompson: As far as I know, if I'm not mistaken, the one that was offered the Tuesday before the Commission meeting on the 28th, there were 26, I think it was. Chair Sarnoff All right, so 26 lobbyists knew to take this course. When this becomes law, they will all know to take this course. I could just simply not imagine with what has gone on in Broward County, with what has gone on in Palm Beach County, and what as we all know, has gone on in Dade County, that anyone could resist not making a lobbyist at least aware of the ethics that they have to take, not because it's going to make them ethical people; just so that when they get to the final hearing and they say, "I just didn't know, " somebody can point out to them, well, on page 4, it said right there you attended that meeting. So I can't imagine anybody being against this, but I proposed it along with the Mayor. I think it's got good legislation. And just so you gentlemen know, this identical legislation is being proposed in the Florida Legislature this year, so do we have a motion on SR.2? Commissioner Gort: Move it. Commissioner Suarez: So moved. Vice Chair Carollo: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Carollo. City Attorney wants to be heard on this. Ms. Bru: Yes, Mr. Chair. I just have a minor drafting suggestion to make. In looking at this more carefully, I note that the section that we're amending has a blanket statement in a subsection, which I'll read. It says "the validity of any action or determination of the City Commission or any other City board or committee shall not be affected by the failure of any person to comply with the provisions of this section." That's just a blanket statement that kind of held people harmless if their lobbyist was not compliant. What we're doing now is putting in a blanket statement to warn everybody that does business with the City through an intermediary who is paid that they do business at the risk of them not assuring themselves that that intermediary is complying with all requisite provisions. So I would suggest that we just delete that section and now just put everybody on notice that the validity of the actions may be at risk. It -- if we don't delete it, it operates as a matter of law because a newer revision to the ordinance would supersede that statement. However, I think it just cleans it up a bit. Chair Sarnoff All right. I happen to agree with you 100 percent. Would the maker of the motion adopt -- accept the amendment? I think that's Commissioner Gort. Ms. Thompson: He just stepped out. Chair Sarnoff He does accept it. And would the seconder accept that? Vice Chair Carollo: Yes. Chair Sarnoff All right. So we still have our motion and a second, as amended. Anyone from the public wishing to be heard on SR.2, please step up. Hearing none, seeing none, the public hearing is closed, back to the Commission. Anyone wishing to be heard? Hearing none, see -- sorry? Commissioner Gort: Sorry, Mr. Chairman. I need to ask -- City of Miami Page 28 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Commissioner Gort. Commissioner Gort: -- a question, because there's -- the different presentation on the -- on what the -- what they call them, a -- Chair Sarnoff Lobbyist? Commissioner Gort: -- lobbyist. Now, my understanding is, anyone -- and this is -- I'd like to have a clarification on this -- that comes in front of this Commission representing their own firm, their own company, do we consider them a lobby [sicg? Ms. Bru: I know that that question comes up from time to time, Commissioner, and the definition of lobbyist is set forth both in our ordinance and then there's also the County ordinance that's the threshold that we have to also abide by. And had an occasion to clarify that with Robert Myers, who's the executive director of the Commission on Ethics recently -- Commissioner Gort: Right. Ms. Bru: -- whether or not an individual who appears before the Commission or who appears before a Commissioner representing himself herself as a principal, as an individual, whether or not that person is a lobbyist. And Robert confirmed my previous understanding that that person is not considered a lobbyist. Commissioner Gort: Okay. Ms. Bru: Because the key is is that that person is not being paid Commissioner Gort: Paid. Ms. Bru: That person is only representing his or her individual business or interest or concern. Commissioner Gort: Okay. Thank you. Chair Sarnoff All right. Commissioner Gort: Thank you, Mr. Chairman. Chair Sarnoff Any further discussion? All right. Madam City Attorney, it is an ordinance. Ms. Bru: All right. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And we are adopting it as amended by striking through the provisions found in subsection G. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Vice Chair Carollo: As modified Chair Sarnoff All right. City of Miami Page 29 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Ms. Thompson: As modified. SR.3 09-01136 ORDINANCE City Manager's Office Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), TO AUTHORIZE THE INCREASE OF VARIOUS FEES THROUGHOUT THE CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01136 Legislation FR/SR.pdf 09-01136 Summary Form FR/SR .pdf Motion by Commissioner Dunn II, seconded by Chairman Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez 13142 Chair Sarnoff All right. We're up to RE (Resolution) -- I'm sorry, SR.2. Larry Spring (Chief Financial Officer): SR.3. Chair Sarnoff SR.3. I apologize. SR.3. Mr. Spring: Commissioner, Larry Spring, chief financial officer. SR.3 is an ordinance to amend the City Code authorizing the increase of various fees throughout the Code. These items were, as discussed earlier with the BTR item, included as part of the budget adopted by the former City Commission. At the last -- or I guess two Commission meetings ago, Commissioners instructed me to work with Commissioner Carollo to identifi, a number of individuals to be able to test to see where we compare to the market. That exercise was completed. However, we did not get -- we were not able to identify, in some cases -- many cases, a lot of the cities that had the exact same fee. In the other cases, typically, it looked like the City's fees were slightly higher than those of the other municipalities that we were able to confirm. And the information, I thought, was also transmitted to the rest of the Commissioners as well. So again, I'm presenting that item based on the provisions prior that we did do a -- the cost analysis that demonstrated the City's ability in compliance with state statute with regards to cost associated with fees we charge for user fees, but the other analysis indicated one -- in one area that a lot of the municipalities do not have the exact same fee categories, and in other cases, our fee was going to be higher than the other municipalities. Chair Sarnoff All right. SR.3, do we have a motion? Commissioner Dunn: So move. Chair Sarnoff We have a motion by Commissioner Dunn. Do we have a second? Chair Sarnoff I'll second the motion. All right. Vice Chair Carollo: I have a motion by Commissioner Dunn and seconded by Chairman Sarnoff. Any discussion? I'll open up the public meeting [sic]. Mariano Cruz: Public hearing. Yeah. City of Miami Page 30 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Public hearing. Go ahead, Mariano. Mr. Cruz: Mariano Cruz -- (UNINTET,TIGIBT,F) -- 1227 Northwest 26th Street. You know, it's the same thing anyway. The City is looking for new funding sources. They have to do it anyway. But instead of becoming lean and mean like most of the people out there, household going in the budget, lean and mean. No, but they don't cut the fat. They keep all those big things going on. They don't worry about that. They live in the Ivory Tower. They don't worry about the people on the street. Those are the riffraff They don't worry about the Taff, no. They worry -- oh, big salary. And now another thing, I didn't say anything on SR. 2 -- on the -- before. But then I was handed a paper from the City Clerk that I am a lobbyist. I am a lobbyist too. But I don't -- who's paying me? No -- I am an unpaid lobbyist anyway. That's -- you know, that's what I want to say. But remember, use the money right. Be like the people out there that do -- everybody has a budget, household Everybody got a budget. Just -- unless you want to see the State board here coming back again. That's when you brother was here. Remember that. Probably, we have that Vice Chair Carollo: Thank you -- Mr. Cruz: -- if we don't cut the expenses. Vice Chair Carollo: -- Mariano. Mr. Cruz: Thank you. Vice Chair Carollo: Anyone else from the public wishing to speak? Anyone else from the public wishing to speak? Seeing none, hearing none, public hearing is closed, coming back to the Commission. Any discussion? Chair Sarnoff I'll speak on this since this falls on my head, since none -- I'll exonerate each and every one of you if you had nothing to do with this fee increase, and yet, I can tell you I think the budget that we went through in September and October of 2009 will pale by comparison to the budget you gentlemen are going to be going through in September and October of 2010. Andl have some suggestions for us, and it'll be on my blue pages when we get to that, and I'll save it for that moment. Hard choices need to be made. I absolutely agree with Mr. Cruz. I'll make a statement that I absolutely love. You can never legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not take first from somebody else. When half the people get the idea they did not have to work because the other half is going to take care of them, then the other half gets the idea that it does no good to work because somebody else is going to work for what they worked for. And that my, dear friend, is the beginning of the end of any nation. You cannot multiply it be wealth by dividing it in half. And that was Adrian Rogers' statement in 1931. I agree with you, Mr. Cruz, that you do not tax people and do not fee people unnecessarily. It's very difficult to turn a ship around that has been proceeding on a course at the better part of 50 miles per hour in one fell stop. I think the City Manager got, and I hope he did, from this previous Commission an understanding that this City needs to get lean very, very quickly. It couldn't be done all at once and maybe it shouldn't have been done all at once, but I think the cuts that we made this past Commission are going to pale by comparison to the cuts that we're going to make in the '010/'011 [sic] budget. And when I say pale, I think you could triple those cuts and still have a deficit. So I take full responsibility -- none of you up here had to vote on this. Your entire budget is predicated to a large extent on some of these fee increases. I can tell you this, though, we were told -- and I have no reason to doubt -- many of these fees had not increased for the better part of almost 20 years, and that is what we based our meager fee increase upon. Andl could never explain -- it's like trying to explain to somebody who's blind and deaf and has no taste buds, what does chocolate taste like. You could never describe it. I could never describe to City of Miami Page 31 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 you what it's going to be like to be on this dais come budget time. Thank you. Commissioner Dunn: Yes. Mr. Chairman. Vice Chair Carollo: Thank you, Commissioner Sarnoff. Commissioner Dunn. Commissioner Dunn: Thank you. I basically wanted to move this because the previous Commissioner in District 5 felt that the fees would be necessary to -- with the hopes of increasing revenue for the City that could in turn help hopefully create jobs, because that's one of the sticking issues of our district. I do know that there is a city north of here where people were crying -- andl won't -- about the fees [sic] increase, and now the city seems -- it's a very new city. The city is thriving. The city is moving forward I'll call it, Miami Gardens. Chair Sarnoff Yeah. Commissioner Dunn: And they -- people were ranting and raving about the fee increases, but now people are very satisfied with the services that they're receiving from the city. So at some point we can't have -- I guess we can't have the ice cream and the cake. We've got to make some tough choices. Vice Chair Carollo: Thank you, Commissioner Dunn. Anyone else wishes to discuss? No. Let me speak on this item a little bit, andl do respect both of your comments. Andl understand what you're saying, Commissioner Dunn, at some point. As you know, we -- on two separate items -- I think the Mayor and Chairman Sarnoff has items with regards to the budget and supposedly, we're supposed to get a budget update today also. Do you know that I still haven't had a budget briefing for this meeting? Pedro G. Hernandez (City Manager): Commissioner, obviously, we wanted to be able to work with the Mayor starting even last Monday and Tuesday, and because of I would say, nature, we haven't been able to. He was expected back maybe late Tuesday, early Wednesday, and the plan was to, in essence, work with him. He would be briefed. He wanted to take the lead in doing the budget update, so I didn't think it was prudent for me to take the initiative and do it without having worked with him first. Vice Chair Carollo: No. I understand, Pete. And you know, I'm just pointing out a fact. At the same time this was one of the first items thatl touched upon when I first became a Commissioner, and my question was what will be the fiscal impact. I was finally -- andl would like to say, pried -- but I was finally able to pry, you know, that amount at a Commission meeting that got not heated, but you know, got a little tense there. And I finally was able to, you know, pry the amount of 2.5 million -- that will be the fiscal impact -- after a month and a half, two months, or so forth. And that was, I believe, in the January 14 meeting? After speaking with Mr. Springs [sic] for, what -- that meeting was discussed in 30 minutes, 40 minutes? Let's say an hour. That amount went from 2.5 to 1.5, 1.8, somewhere like that. Very quickly it went down. So I don't see how amounts could fluctuate so quickly up and down. I know that the basis for this increase was also that cost analysis, where I requested a different type of analysis. Maybe even a cost analysis may not be the best way to see if they're appropriate or not. Andl requested this. Andl know sometimes it's hard to deal with other municipalities and so forth getting numbers. To be honest with you, I don't know if many of those fees are online, so maybe you could have gotten them online -- Mr. Spring: No. We -- Vice Chair Carollo: -- instead of a phone call. Mr. Spring: No, no. We -- just to be clear, we checkedMunicode, which is the same code that City of Miami Page 32 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 our Code was in. We were not able to identifl, the like fee. Andl think, based on our discussion, you were even almost thinking that may happen in some of the categories, and it absolutely did, so -- Vice Chair Carollo: In some, but I'm seeing, you know, many of these municipalities -- we really have no information whatsoever. Mr. Spring: That means that we were not able to verify that fee in their code nor from their staff. Vice Chair Carollo: Okay, but I'll give you that. Mr. Spring: Okay. Vice Chair Carollo: Let's say, you know, even though -- I mean, we have a lot of municipalities here. Mr. Spring: Yes, we do. Vice Chair Carollo: I figure some of them we should be able to obtain, you know, their numbers. And as a matter of fact, it wasn't just I who picked these categories. You know, we did it jointly. Mr. Spring: Yeah, we did a joint (UNINTELLIGIBLE). Right. Vice Chair Carollo: We did it jointly, so it's not like I'm, you know -- Mr. Spring: No. I'm not -- Vice Chair Carollo: -- trying to outsmart anybody or so forth. We did it jointly. Mr. Spring: No, no, no, no. I'm not insinuating that, Commissioner. Vice Chair Carollo: Right. No. I understand. But I'm just pointing out to the fact that I think it was done in a fair manner. Mr. Spring: Absolutely. Vice Chair Carollo: And even looking at this, I see that realistically -- andl didn't get a chance to like review this, you know, to a great degree, but at the same time, just briefly looking at this, I'm seeing, you know what, we're higher than the other municipalities. Mr. Spring: That's right. That is correct. Vice Chair Carollo: So I think maybe the way that I wanted to see where we're at or set the standard maybe was the correct way instead of the cost allocation. So with that said, seeing that we are actually not the norm, if we raise these fees, we're actually going to be over or the highest from the other municipalities. I tell you, no, I'm sorry, I'm not voting for this increase. And once again, there's -- andl understand, we may be facing a big financial crisis, but at the same time, you know, I was the one back in January 14 that made an issue of this when you wanted just to defer it. Andl said, no. Wait a second. This was passed in the last Commission. Time is running. And the truth of the matter is, if we don't pass this or if we don't vote it up or vote it down, we're still out of budget. So I was making an issue of this back in January. Andl suggested on many times have a plan B in case it doesn't pass. And with that said, with the fluctuation of numbers away from 2.5 million to 1.9 or 1.8, 1.5, whatever it was, and the uncertainties, the not getting briefed, I mean -- and yes, there might be -- you know, there may be some -- somewhere some justification or excuse or so forth, but the bottom line is I -- I'm not City of Miami Page 33 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 voting for this increase. And that's what I have to say. I think the truth of the matter is in order to vote for an increase or in order to get my vote for an increase, it will have to be absolutely the last resort, andl don't think we've exhausted everything. At least it hasn't been proven to me yet. So with that said, I'm not voting for this. Any further comments or discussion from my colleagues? Chair Sarnoff Yeah, ifI could. Vice Chair Carollo: Sure. Chair Sarnoff If in fact, gentlemen, it was reported that we are $40 million out of budget, that's our budget, the one that you had nothing to do with, but if in fact -- and remember, you sit here as a Commissioner and you create a budget and you have very little to do with keeping you within that budget. For instance, the '08/'09 budget, I think we voted for a $505 million budget. I'm just asking -- Larry, I'm never going to come up with the exact numbers. We are $27.5 million over budget. I don't think could point my finger at one Commissioner or even three of them that created the $27.5 million overage. And if I'm wrong, Larry, you tell me. Well, tell me in private, right, so it won't look so bad. This Commission voted then for a like-minded budget of -- what was our last budget, five hundred and --? Mr. Spring: Five hundred. Chair Sarnoff I think 500 million. Mr. Spring: Five thirteen, I think is the number. Chair Sarnoff Okay. We've been told that we are 40 million over budget. I know I've spoken to the City Manager. He's confident that we're no longer -- no more than 20 million. Mr. Hernandez: Mr. Chairman, if -- I want to put this clear on the record. Chair Sarnoff Okay. Mr. Hernandez: That number was a poorly conceived number with inadequate information at that point in time. The projection that we have in -- at this time is about half that amount, and we're still working on it. Chair Sarnoff Understood, understood. Twenty million over budget. Even if you're 16 million over budget -- Mr. Hernandez: It's not acceptable either. Chair Sarnoff Well, I will tell you my expectation. Because my expectation for this budget year is that you're going to return the $5 million contingency reserve to the reserve fund, and you're going to go from $64 million when you're done to $69 million. There is no reason at all for this City to be over budget. If your projections were wrong -- Jack be nimble, Jack be quick, Jack better get his act together and start living within his budget confines. But implore this Commission -- there were hard choices made at the last Commission meeting. You're not within your budget. You've been told you're 20 million over right now. You're simply going to put yourself either 22.5 million over or 21.8 million over, and that makes very little sense. When you want to put your imperator on a budget, you'll have every opportunity to do so in less than nine months, and it will be some of the hardest days of your life. But Mr. Manager, I forewarn you. I fully expect you to put the $5 million contingency reserve that we put into every budget back into the general reserve fund. And I'm going to go on the record right now. That means you are right now sitting there $25 million over budget. City of Miami Page 34 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Mr. Hernandez: Commissioner, we're working on it. Mr. Chairman, Commissioners, I'll assure you that this is an item that we take extremely seriously. We work on it like on a daily basis. And our aspiration and goal is to be what you stated, to be able to be balanced and to be able to save money, and that would require some harsh decisions. And as you know, this week I've been making some of those calls and I'll continue to make calls as we go forward to further consolidate and find ways to be more efficient and reduce our expenses. We -- yes, we look for additional revenues, but obviously, we have to reduce expenses not just for 2010 but also in looking forward to 2011, no question. Vice Chair Carollo: With that said, let me ask my colleagues a question. Do any of you see a problem when just two weeks ago they mentioned 40 million, now they're saying 20 million? Isn't there a problem here? Chair Sarnoff Well, I -- I mean, I've been briefed on how that number came up. I mean, the number that -- Vice Chair Carollo: The 40 or the 20? Because you just mentioned 40 again, and the Manager just mentioned 20. Chair Sarnoff The 4 -- right. The 40 million dollar number was the number that if any of us care to go online, we can see in the monthly report that there's a projection -- and I'm just going to use ballpark numbers -- of $40 million. I don't know what you do, but I immediately called the Manager into my office andl say how can that be? For those of us that now know, there's $16 million of what they call "revenue" that is projected not to come in. Manager told me that is a very high revenue number, consistent with the November revenues taken in, inconsistent with the December revenues coming in; we will know the January revenues coming in. So that number is a projection of one bad month, one better month, andl know that's a moving target. The other issue that came up -- andl think you all have heard -- was we didn't make the cuts that we needed to make on October 1, the very day beginning our budget cycle year, andl was explained how that happened, why that happened; some of it not the most comforting in the world; some of it I do understand. Everything, Commissioner Carollo, from the people they did terminate had rollback rights that they didn't anticipate. To me they should have anticipated that, and that previous City Commission should have been told. Instead of netting 13 million, Mr. City -- Commissioners, you're only going to net 6 million. Andl wholeheartedly agree with you, that's a number that somebody should have been able to give us at that moment, but we were given a much higher number. The other issue is people were not fired exactly when they were supposed to be fired which means they're now visiting -- or their part of the '010 budget weren't budgeted for them, and that puts them out of budget, which then puts him -- and I'm speaking of the City Manager -- requires him to now terminate more people because he didn't do it on a timely basis. That was his -- am I -- have I pretty well described it? Mr. Hernandez: Mr. Chair, let me at least address that portion of it. Chair Sarnoff Sure. Mr. Hernandez: The people that were not -- Vice Chair Carollo: Go ahead, Mr. Manager. Mr. Hernandez: -- let's say, terminated -- thank you, Mr. Chair -- that were not terminated properly were not because we were trying to actually save jobs at the same time, looking for expectations of let's say, savings from a DROP (Deferred Retirement Option Plans) -incentive program that didn't materialize, other funding sources, people going to other agencies, and that's where we held back. That didn't materialize. We had to end up taking the actions. But City of Miami Page 35 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 when you look at the overall costs of those 20 positions over three to four months, it's 300, $400,000 overall that we can manage. It's not -- it's significant because every penny is significant, but it's not significant in the overall. So I wanted to put that on the record. And it's because, yes, we took time because we wanted to try to protect as many as we could. I think that Michael can explain why the early projection was very rudimentary. Mike. Vice Chair Carollo: Mr. Boudreaux. Michael Boudreaux: Mike Boudreaux, director of Management & Budget. Once again, I want to apologize for the confusion between the November projections and the December projections that you have not yet been briefed on. The November projections included projections of payroll that include annualization of costs that should not have been annualized. The reason for that is because we did not have adequate reports that provided the detail in order to remove that information from our projections. We have since received these reports. And by all means, we did convert our system over to a new system. Being able to get the reports that we were accustomed to seeing was a challenge. And in November there was a lot of costs associated with departments that were annualized that should not have been annualized. On the other side, the revenue side, we tracked collections of all the City revenues and compared them to the prior year collections for the same month. In the month of November, we would typically see a certain amount of collections of property taxes for the month of November for which we did not see, so that, of course, brought down our year-end projection for property taxes. We have now since seen a higher -than -anticipated collection in the month of December, which has now corrected our year-end projections for those collections. So as each month comes in, we do a comparison of how those collections are on a prior year for the same month to see whether or not we need to adjust our projections up or down. As the year continues and the information becomes more defined, our projections will become a lot more defined. But as you project on an earlier period, there is subject to large swings from month to month and then, of course, it's subject to changes as though what happened between the November and December projection periods. Commissioner Dunn: Mr. Chairman. Vice Chair Carollo: I'm sorry. Yeah. Go ahead, Commissioner Dunn. Commissioner Dunn: I wanted to ask a question because I'm the new kid on the block, as you know. And -- Commissioner Gort: We all are. Commissioner Dunn: -- I'm really confused, andl voice the sentiments of the Vice Chair because one week -- two weeks ago you get one figure, the next two weeks you get another figure, and there's a tremendous amount of ambiguity as it relates to what the actual budget deficit is. I want to know, Mr. Manager, can we get a real figure? Mr. Hernandez: Right. Commissioner Dunn: And if so, when? Mr. Hernandez: Commissioner -- Vice Chair Carollo: And Commissioner Dunn -- ifI may, Mr. Manager. Give me a second -- you said something that caught my -- you know, caught my ear, and l just, you know, finished listening to you and so forth. You said December numbers. Have the December numbers been out? Have we -- has my office received December numbers? Mr. Boudreaux: We had put a preliminary report together, being reviewed by the City Manager City of Miami Page 36 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: 'Cause as -- Mr. Boudreaux: -- based on the December projections for which we're still briefing the City Manager on to subsequently present to the Commissioners, as requested. Vice Chair Carollo: Okay, 'cause I'm still working with the November number. I don't have the December numbers. And you've very well known that I've always thought that the timing of the numbers being given to Commission should be much better than what they are. You know from the very beginning I've mentioned that. Mr. Boudreaux: Commissioner -- Vice Chair Carollo: However, with that said, I'm still working with November numbers. I didn't even know you had December numbers, so right there there's issues. And it really comes to my point, you know. Commissioner Dunn, you said "at some point" we need to make tough decisions, but I'm seeing there's so much cloudiness here that I'm not ready to make tough decisions and vote on a tax increase, to be honest with you. I will not, because it's not a last resort. At least it hasn't been proven to me. So I guess that's my point. And Mr. Manager. Mr. Hernandez: Mr. Chair, if you allow me. On the issue of not getting that information to you before, I think addressed that point. We're in the process of doing it. The Mayor got caught up in the storm in Washington or New York and that held us back, because I think that we needed to be respectful and work with him before we discuss it in a public forum. On the issue of the item itself that we have before us, it was an approved assumption of the 2010 budget approved by the prior Commission and now you're a new Commission, but you stand on the shoulders of that prior Commission. That -- this item was approved on the first reading by the prior Commission, including, you know, Chairman Sarnoff, including Mayor Regalado, et cetera, and it's something that -- it's difficult to deal with. It's something that we need to do. It's an assumption of 2010 that we have to live up to. Chair Sarnoff Well, point of privilege. Vice Chair Carollo: Go ahead, Mr. Chairman. Chair Sarnoff Mr. Manager, Commissioner Dunn asked you a very direct question, and I didn't hear a very direct answer. And he asked you what is our best projection right now as we sit here? Mr. Hernandez: Right now I think it's -- Mr. Boudreaux: It's -- Mr. Hernandez: -- 20.8. There's -- Mr. Boudreaux: -- $20.8 million. We have better information and our payroll information this - - that prior month. We, once again, apologize for the confusion on the November's projections, but we just did not simply have the detailed information that we now have in order to project on. We do now -- we now have it, so you should not see any large fluctuations from month to month going forward Chair Sarnoff So following through with what Commissioner Dunn asked you and just trying to demonstrate to this Commission the need and the necessity for SR.3, correct me if I'm wrong -- andl'm going to be as colloquial as I can -- our savings account has $92 million in it? City of Miami Page 37 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Mr. Boudreaux: It will be -- it was 92 to start off fiscal year '09. Chair Sarnoff Stop right there. Right. Mr. Boudreaux: It was 92 to start -- Chair Sarnoff And 27 -- Mr. Boudreaux: -- fiscal year '09. Yeah. Chair Sarnoff -- and a half million dollars is our overage, right? Mr. Boudreaux: It's projected right now, yes, sir. Commissioner Gort: Projection. Chair Sarnoff That projection's got to be so close to being done, Michael, because -- Mr. Boudreaux: Well, it's 27 and a half based on a trial balance that has been issued to the auditors -- Chair Sarnoff Okay. So -- Mr. Boudreaux: -- subject to their changes. Chair Sarnoff -- then, in my own -- you know, 'cause I'm not a CPA (Certified Public Accountant) -- I reduce 92 million by 27 and a half million, correct? Mr. Boudreaux: Today's answer is yes. Chair Sarnoff All right. That leaves me with what? Mr. Boudreaux: Ninety-two -- Chair Sarnoff Come on, this is your forte. Mr. Boudreaux: I would say 64 and a half. Chair Sarnoff Okay, $64.5 million. Have I violated the financial integrity ordinance? Mr. Boudreaux: We will be under the financial integrity requirements. Chair Sarnoff All right. If your projections hold true and we're 20 million over budget, then I have to go into the savings account, reduce that from 64 million then to 44 million. Am I still on the same page with you? Mr. Boudreaux: Yes. Chair Sarnoff IfI don't make some changes? Mr. Boudreaux: If you don't make any changes, you're going to dip it further down. Chair Sarnoff All right. IfI don't pass this ordinance -- and I'm going to take the midline number -- I'm going to be $22 million over budget. So I then go down to $42 million in my City of Miami Page 38 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 savings account? Mr. Boudreaux: That's correct. Chair Sarnoff All right. Do I get arrested? Do I get put in jail? What happens to me? Mr. Boudreaux: If we continue to go under and we dip into our reserves, of course that's going to put the City further toward bankruptcy and maybe receivership with the State. Chair Sarnoff All right. Under Chapter 218? Mr. Boudreaux: I'm not familiar with the chapter -- Chair Sarnoff All right. Mr. Boudreaux: -- but if that is the chapter, yes, sir. Chair Sarnoff So the imperative really is a mature vote predicated on assumptions made and budgetary needs that were passed by a previous Commission. So as we sit here right now, we could very well have a $42 million savings account if we don't make changes? Mr. Boudreaux: That is correct. Chair Sarnoff All right. And then next year's budget has a one -- a projected amortized -- I want to use all those pretty words. We don't know exactly yet -- $101 million pension obligation, correct? Mr. Boudreaux: That is the projection for the entire pension cost for next year. Chair Sarnoff So ifI just do my math, I can't just go into my savings account because I'd be $60 million short. Mr. Boudreaux: You cannot -- you would have to cut it away from your current spending. Chair Sarnoff All right. And all that you know and all who you are, are we facing a financial crisis? Mr. Boudreaux: We -- yes, sir, we are facing a financial crisis, as been noted. It's been projected. It's been projected for a few years now. I'm glad to see that this Commission is taking the stance it's taking, andl would hope that we would take actions to avoid it. Chair Sarnoff All right. Thank you. Vice Chair Carollo: Question, Mr. Boudreaux. Passing this ordinance, will it fix our financial crisis? Mr. Boudreaux: It would definitely not hurt. I mean, it definitely would help the financial crisis. I mean, it would help steam off the $20 million that we are projecting. If you increase fees -- I mean, it's common knowledge, if you increase it, more revenues will come into the City to help with the expenditures that are going out of the City. Vice Chair Carollo: Right. However, the easy thing is always to increase fees. And now we're throwing those words "recurring revenue." We need recur -- or increase recurring revenue. So the easy thing is always to increase fee for the Administration. City of Miami Page 39 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Mr. Boudreaux: But -- Vice Chair Carollo: However, the truth of the matter is, you know, the last number that -- you know, I worked with Larry -- it was 1.5, 1.8. I don't remember exactly. But -- so you're saying that that 1.5 is going to fix our problems or maybe some of the other things that were highlighted by Commissioner Sarnoff may be a little bit more prudent to do rather than start right away increasing the fees? In other words, I think there were a number of measures, for instance, jobs and so forth, that did not take place. So in other words, the Administration asks us to do the difficult tasks, but then you all don't do it. So you know, it's like do as I say, not as I do. And the truth of the matter is, for, you know, one point something million last time -- and you know what, maybe Larry andl will go back to the drawing board and maybe it'll be less than -- maybe it'll be under a million dollars this time. I don't know. But within 30 minutes or an hour, it went from 2.5 million to one point something, so -- and those types of -- you know, whether they were errors or let's just say fluctuations has to somewhat stop. And you know, I know that there are some fluctuations you can't control. I understand that. You know, I'm not trying to be unreasonable, but the bottom line is thatl also want to send a clear message that it's not just about increasing fees. It's not just about "Well, the previous Administration voted for this." You know what? The previous Administration didn't have this that we now have. Yes. Is it complete? Maybe not. But at the same time, it's a different way of looking at the numbers. Clearly, when you look at this, we are going to be one of the highest -- we're going to be one of the cities with the highest fees in numerous categories, so I -- once again, I don't believe in this increase. And Mr. Manager, you had something to say? Mr. Hernandez: Just something quick for the record. I want to assure every one of you that we work day-to-day in putting into effect recurring reductions and expenses, cutting back in expenses. It's not just -- yes, this happens to be a recurring revenue. But day-to-day we have to control expenditures, and we work on it day to day. And we'll continue to make changes to be there. Vice Chair Carollo: Commissioner Dunn and then Commissioner Gort. Commissioner Dunn: Mr. Chairman and to Commission, I want to ask a question. What's the worst that can happen if we don't act on this today? Just -- I mean, are there any --? Vice Chair Carollo: And you're posing that question to who, Commissioner Dunn, the Administration, Mr. Manager, if you may, or -- Commissioner Dunn: Yeah. I mean, what's -- Vice Chair Carollo: -- Mr. Spring? Commissioner Dunn: -- I mean, how much time --? What kind of window do we have if we do - Mr. Hernandez: Commissioner, this is based on volume. You know, we have a number of let's say, user fees that are there. If -- the longer that we wait, the less revenue. So in essence, we're hurting ourselves, to be honest. This is something that should have been in place way back. Commissioner Dunn: But if we delay it, defer it for the next -- well, how much money would we actually be losing? Mr. Hernandez: Well, it's difficult to tell in two weeks. However, in two weeks, when we discuss this again, if we do, nothing will change. We'll have the same argument, we'll have the same discussion, and we continue to postpone it. And it needs to be done now. City of Miami Page 40 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Dunn: Because my concern is -- andl respect my colleague's profession of being an accountant. I'm -- numbers, I'm not -- andl respect the staff, so I -- kind of in the middle there. But I do know that we keep getting different figures, and that's confusing to me. That's the only thing that disturbs me. And so I just need -- I need some understanding on that. Mr. Hernandez: Commissioner, I think that obviously we haven't been able to brief you on it. And the information that we have now, we haven't even fully discussed with the Mayor, andl was sort of guarding it because of that. But we'll be more than glad to brief of course, every one of you. And my concern here is that whichever way you look at it, whether it's 1.5, 1.8, it's a plus, it's additional revenue, and we need to -- we're counting on it and we need to protect it and we need to move forward Vice Chair Carollo: Commissioner Gort. Commissioner Gort: Commissioner, welcome to the club. We need to understand that the -- and I'm the one Commissioner do not want to do any increase of anything. I have another elections [sic] coming up in November. But also we need to understand that the -- this is a budget that was passed, and part of the projections that we have -- because a lot of the implementation that needed to be done way back in October has not been done. Andl think the -- we need to get additional revenues, but at the same time, we need to have additional cut. And later on, when we're going to be talking about this finances [sic], I'm going to try to come up with some suggestions that I think they'll be -- they'll look like very small suggestions, but they add up to millions. Andl will not have any problem in voting for this because we need -- but I want to make sure if the City Commission approves this, that all the other considerations and decisions that were made before be implemented as soon as possible. I mean, part of the projections that we have is because issues were not implemented. We need to get it done because next year -- andl knew it when I decided to come and run again that this was going to happen, so -- and we have to face some tough decisions. So I don't have any problem voting for it at this time. Chair Sarnoff Commissioner. Vice Chair Carollo: Sure. Commissioner Sarnoff. Chair Sarnoff You know, it's -- first off, Mr. Manager, this Commission was looking for a $13 million savings when the 131 positions were suggested. That was the number you gave us, 13 million. I have my notes, and I'm more than glad to show them with you. And that number needed to be arrived at whether it was 151 positions, 121 positions; you needed to make that number. The only people we're capable this particular budget year of reducing -- and you'll correct me if I'm wrong -- are nonunion personnel, correct? Mr. Hernandez: No. Chair Sarnoff We can reduce union personnel now? Mr. Hernandez: I've been doing it the last few days. Charlie Cox: You've been doing it. Mr. Hernandez: Yes. Chair Sarnoff It's up to him to recognize you. Vice Chair Carollo: As a matter of fact, the public hearing has been opened and closed. However, yes, I would open up the public hearing again for Mr. Cox to speak. And do you have a question, Commissioner Sarnoff? City of Miami Page 41 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Well, he was going to say something. Andl'm not aware that we were able to reduce union personnel. Mr. Cox: Well, I've only lost over 50 already. But we're ugly stepchildren, so it's okay. So to sit here and say none of these things have been done, that's not true. And for that side to say that they expected more in the early retirement, that's not the case. I told them when we did this, you're not going to get many people with what you're offering. And another thing is, pension costs arose because every employee around here that I represent got scared to death and they jumped in that DROP, and that rose our pension cost. To sit here and think that we're getting some kind of super-duper benefit, like the Herald keeps writing, and that we're the most overpaid people -- I have presented it and will present it to anybody that I have 25 people that make more than 100,000 out of -- (Expletive), I don't even know the number anymore. It's less -- Vice Chair Carollo: Mr. Cox. Mr. Cox: -- than what had before. And apologize. Vice Chair Carollo: Yeah. I just ask you to, you know -- Mr. Cox: I apologize. Vice Chair Carollo: -- keep the decorum. Mr. Cox: I apologize. Vice Chair Carollo: Not a problem. Mr. Cox: But you know what? You're not the ones facing -- I faced a man yesterday that lost -- his wife lost his [sic] job a week before and then he loses his job yesterday and they're in my office all day long. And realize they're nobody to anybody up here, but they are to me. I've been this union president for 22 years, andl have never ever in all my years faced a layoff and that's all we've come to now. Do I want to see people's fees raised? No. But own a business in the City too. We own a building in the City. And you know what? I'd rather raise those fees than lose another body, but that ain't going to be the case because they're going to come after me again not right around the corner. Thank you. Chair Sarnoff Wait, wait. Stay there, Charlie, 'cause I have one question. For every person -- Vice Chair Carollo: Commissioner Sarnoff, I just ask that it goes through the Chair, you know -- Chair Sarnoff Sorry. Through the Chair. Vice Chair Carollo: You're recognized. Andl'm sorry. I just want to, you know -- go ahead, Mr. Sarnoff. Chair Sarnoff The chairperson can run the meeting the way they want. You're the Chair. Vice Chair Carollo: Go ahead. Chair Sarnoff Mr. Cox, you have -- I don't know if the word is protested or appealed or disputed every termination, correct? Mr. Cox: They're all in arbitration. Yes, sir. City of Miami Page 42 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Right. So if, in fact, you're right and you prevail, these people will all be reinstated by the City, correct? Mr. Cox: Yes, sir. Chair Sarnoff So there would be no net savings to the City at all? Mr. Cox: No, sir. You're right. Chair Sarnoff So if Mr. Cox prevails and GESE (General Employees and Sanitation Employees) prevails, we are -- Mr. Cox: And what do you mean, GESE? Chair Sarnoff I'm -- did I say --? What's your --? Commissioner Dunn: AFSCME (American Federal, State, County, and Municipal Employees) Chair Sarnoff AFSCME. I'm sorry. If AFSCME prevails, then any of the revenues that we thought we achieved in the '09/'010 [sic] budget will be wiped out? Mr. Cox: Yes. Chair Sarnoff Okay. Just so we're all clear on that. Vice Chair Carollo: Anything further from you --? Okay. Thank you. Any other discussion from any members of the Commission? Madam City Attorney [sic], please call the roll. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Second reading, yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: The ordinance passed on second reading, 3-2. Vice Chair Carollo: Thank you. Ms. Thompson: And it's adopted. City of Miami Page 43 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff All right. END OF ORDINANCES - SECOND READINGS City of Miami Page 44 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 RESOLUTIONS RE.1 10-00094 RESOLUTION Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Capital ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL Improvements SERVICES AGREEMENT ("PSA") WITH ADA ENGINEERING, INC., FOR THE Program PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES, IN THE AMOUNT NOT TO EXCEED $250,000, THEREBY INCREASING THE TOTAL CONTRACT FROM AN AMOUNT NOT TO EXCEED $1,000,000, TO AN AMOUNT NOT TO EXCEED $1,250,000; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT. 10-00094 Legislation. pdf 10-00094 Exhibit.pdf 10-00094 Summary Form.pdf 10-00094 Text File Report.pdf 10-00094 Amendment No 1.pdf 10-00094 Corporate Resolution.pdf 10-00094 PSA.pdf 10-00094 Certificates of I nsurance. pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0061 Chair Sarnoff Now RE.1, back to the regular Commission agenda. Ola Aluko (Director, Capital Improvements): Good afternoon. RE.1 is a resolution authorizing the Manager to increase the contract of -- to increase professional services agreement with ADA Engineering in the amount of $250, 000. This will increase the contract from a million to one point two five million. Commissioner Gort: (UNINTELLIGIBLE) RI [sic]? Chair Sarnoff RE.1, page 15. All right, so RE.1, is there a motion for RE.1? Commissioner Gort: What I'm saying, the RI [sic] -- RE.1 -- Priscilla A. Thompson (City Clerk): I'm sorry, Commissioner Gort. I don't think your microphones are on. Commissioner Gort: Okay. Ms. Thompson: Thank you. Commissioner Gort: My apologies. Okay, got it. I'll move it. Chair Sarnoff All right. We have a motion by Commissioner Gort -- City of Miami Page 45 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Vice Chair Carollo: Discussion. Chair Sarnoff This is a public hearing. I'm going to open up the public hearing. Anyone from the public wishing to be heard on RE.1, which is a contract to increase, I think, to $250, 000 with ADA Engineering. Public hearing is now closed, coming back to the Commission. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. And bear with me; I just received this late yesterday afternoon. My issue is, once again, we're increasing from an amount that was estimated an additional 250, 000. Mr. Aluko: That is correct. Vice Chair Carollo: And every time that you come before me, especially in these times, asking for more monies, I'm going to start looking at it a little bit more carefully and that's what I'm doing. Let me ask you something. It was my understanding that four companies were giving an estimate of a million dollars. Mr. Aluko: There are a total of ten, but for this type of work, there are four categorized. And Commissioner, if I -- if you allow me. We're not requesting for monies. We're requesting for a capacity increase. Vice Chair Carollo: What's the difference? Mr. Aluko: Meaning that they can build up to the $1.25 million. It may end up to be 1.2. It could be 1.1, but up to. Vice Chair Carollo: Well, let me ask you a question. Now, if it's up to 1.25, are we reducing it from some of the other companies? Mr. Aluko: No, not at all. Vice Chair Carollo: No. So we're increasing it for an additional 250. Mr. Aluko: The capacity. That is correct. Vice Chair Carollo: The capacity. And what's the capacity? Money? Mr. Aluko: Ability to build -- Vice Chair Carollo: Yeah. Mr. Aluko: -- yes. Vice Chair Carollo: Ability to build, which, once again, is $250, 000. Mr. Aluko: Yes. Vice Chair Carollo: So that's where I have the issue. I mean, we're increasing, again, an additional 250, 000. Why don't then -- and I don't have an issue with any of these companies by the way. City of Miami Page 46 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Mr. Aluko: Okay. Vice Chair Carollo: The company is not the issue. ADA is not the issue. The issue is an additional $250, 000 that you're asking us to put up. Mr. Aluko: And can explain that, Commissioner. As I explained to you in the briefing, there are four firms that we've categorized in the roadway design study or master planning area. This particular company has specialty in storm water master plan design. That's one of the reasons why they were selected among the ten two years ago. Our Public Works Department, when they looked at our pool of four, they strongly recommended this company. I, as the department director, also attested to this company's ability, and of the four that we have, even if we were -- first of all, the other three are not qualified as I see fit, but even ifI had to give it to the other three, I'll be doing the same thing today. I'll be asking for an increase in their contract because they're close to the million. Vice Chair Carollo: Well, okay. Let's say that's true. Let's say, I think it's ADA, they're the best in storm water drainage. Let's say they're the top of the line so that's why we want them to do it and so forth, and they're almost at capacity. Then let me ask you something. Some of the other stuff that they did that the other companies that are not at capacity could have done, why didn't they? Mr. Aluko: This particular master plan item came up late in their program. I, CIP (Capital Improvement Projects), hold the contracts for this work, but the actual work is not under CIP purview. It's under Building Department and Public Works purview. When the regulatory agencies came to Building and Public Works, I believe it was in October -- either September or October of last year, that's when we were advised that we would need to update our master plan because of the benefits that the City can achieve. Then Public Works and Building looked to me, who holds the contract, who do you have that can actually do this work for you. By that time, ADA and the other companies were already close to their capacity, so that's why it happened a year or two or three years ago when the capacities were real low. Vice Chair Carollo: I understand. It's just that I'm seeing that four companies here were given a maximum of a million. Some of them are not to that maximum. And yes, maybe ADA is the perfect one for storm water drainage or that's where their expertise is, however, they did other type of work that the other companies that have not reached their maximum capacity could have done. And therefore it would be even where we don't have to add an additional $250, 000, and that's my problem. Mr. Aluko: And I understand what you're saying, Commissioner. But if this work had come to us -- this storm water master plan had come to us a year and a half, maybe two years ago, I could have easily -- let me give you an example. You have the sheet that I'm talking about. If you look at the next company, RS&H, they were given a contract of $400, 000, and what they're doing is a storm drainage design. If you notice, Commissioner -- and I'm sorry for the other Commissioners. This was asked at his briefing. That's why he has this information. They only -- RS&H only has five projects. They will not receive any more projects because early during their capacity they received a very high contract, so they will not receive any more projects. ADA, in its case -- ADA and other firms in their earlier term of their capacity, they were receiving small contracts. Hadl known that this storm water master plan update was going to be given to CIP a year and a half, maybe two years ago, most likely this work that was given to ADA would have given to another firm, as you're suggesting -- Vice Chair Carollo: That's exactly my point. Mr. Aluko: -- and ADA would have had it. So it's the timing. This was just brought to us in City of Miami Page 47 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 October. By that time, ADA was given work. Vice Chair Carollo: Okay. I mean, your point is well taken. And think you understand my point. Mr. Aluko: Yes, I do. Vice Chair Carollo: So what I'm seeing is that there's a constant lack of foresight, you know, and that's an issue. I mean, that's what I'm seeing. Again, you're not up here voting for an additional 250,000; we are. And know you didn't put the word "change order" on it this time, but I mean, in essence, it's what it is. They're getting a million dollars. You're asking for a change order to go to a million two fifty. I mean, you're just not using the word change order now. So you flipped it around a little bit and -- you know, which was smart on your part. However, it's the same thing. You're asking for an additional $250, 000. Mr. Aluko: Commissioner, I try to be as transparent as possible. No, unfortunately, this will not -- in the technical sense of a change order, this is not a change order. And going back to the foresight, we try our very best to plan, but certain situations come up. I have a situation right now as we speak where a park facility is undergoing a structural evaluation mainly because Parks called me up two weeks ago and said this facility looks like it may collapse. The best architectural firm that I have onboard to do the investigation, they're close to their capacity also, but they are the best. Andl may -- Commissioner, I may come back to you next month increasing their capacity because they are the best and they're reviewing the incident that happened just two days -- two weeks ago. Vice Chair Carollo: You know what, Ola? Maybe at this point in time the City ofMiami doesn't necessarily need the best, just someone that could be reasonable and do a reasonable quality job. Mr. Aluko: I understand. Vice Chair Carollo: But anyhow -- that's all have. Thank you, Mr. Chairman. Mr. Aluko: I understand. Thank you, Commissioner. Chair Sarnoff Any further -- go ahead. Commissioner Gort, you're recognized for the record. Commissioner Gort: For your information, when I got this report, I asked to give me a background of every one of these engineer firms, what they have done and what has been the -- their job -- what has been their performance 'cause there is a lot of need of infrastructure throughout the -- especially in my district, so I want to make sure we get the right information. So you -- you know, probably when they give me that information, you'll probably get a copy of it too. Mr. Aluko: Yes. I received the directive, Commissioner, andl will make sure we give you all ten. We have a program -- and that's one of the things I pride CIP on. We have what we call equitable distribution where all firms that are assigned projects try to keep in the same level, that way we don't have a firm saying, oh, how come I have 250 and this one has a million. So we try to get everybody in the same -- maybe 150, 200 apart, but that's the project. But I'll get that to you. Commissioner Gort: Okay. Thank you. Chair Sarnoff All right. Anyone else wishing to be heard on RE.1 ? Seeing none, we're going to call the question. All in favor ofRE.1, please say "aye." City ofMiami Page 48 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 RE.2 10-00095 Department of NET Administration The Commission (Collectively): Aye. Chair Sarnoff I think we have unanimous. Now we have -- Commissioner Gort: Chairman? Chair Sarnoff -- unanimous. Commissioner Gort: I have a question. Who placed these? Chair Sarnoff I believe that's Madam City Clerk. Commissioner Gort: Oh, okay. Thank you. Ms. Thompson: It's just a little something to try to get you through the evening -- Commissioner Gort: To sweeten everybody up. Ms. Thompson: -- as -- and keep you just -- that energy level up. That's all. Chair Sarnoff Did you give him the ones I told you to give him? Ms. Thompson: No. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, GRANTING AN INCREASED DURATION OF A SINGLE EVENT BY CLASS I SPECIAL PERMIT (BEYOND THE TWO (2) WEEKS ALLOWED PER EVENT), FOR THE MINISTERIAL ALLIANCE CHURCHES IN THE COCONUT GROVE VILLAGE WEST LOCATED AT THE FOLLOWING ADDRESSES: 3680 THOMAS AVE, 3415 GRAND AVE, 3623 FROW AVENUE, 3481 HIBISCUS STREET, 3616 DAY AVENUE, 3641 FROW AVENUE, 3585 PLAZA STREET, 3795 FROW AVENUE, 3500 CHARLES AVENUE, 3515 DOUGLAS ROAD, 3345 DOUGLAS ROAD, 4615 BROOKER STREET, 3363 PERCIVAL AVENUE AND 3288 CHARLES AVENUE, MIAMI, FLORIDA, SPECIFICALLY TO ALLOW A COMMUNITY -WIDE ANTI -DRUG CAMPAIGN EVENT FOR A DURATION OF UP TO ONE (1) YEAR COMMENCING ON FEBRUARY 1, 2010 THROUGH FEBRUARY 1, 2011, WITH SAID CLASS 1 SPECIAL PERMIT SUBJECT TO REVIEW AND APPROVAL BY THE ZONING ADMINISTRATOR AS SET FORTH IN ARTICLES 13 AND 14 OF THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AUTHORIZING THE CITY MANAGER TO WAIVE ALL CLASS I SPECIAL PERMIT FEES FOR SUCH EVENT. 10-00095 Legislation. pdf 10-00095 Summary Form.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City of Miami Page 49 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 R-10-0060 Chair Sarnoff All right, RE.2. Haydee Wheeler: Good afternoon, Commissioners. Haydee Wheeler, director of the Department of NET (Neighborhood Enhancement Team). The resolution before you is being presented on behalf of the Coconut Grove Village West Ministerial Alliance. If approved, you would be granting an increased duration of a single event by Class I Special Permit beyond the two weeks, which allow them to commence the community -wide anti -drug campaign event for a duration of one year. In addition, we're asking that you authorize the City Manager to waive the Class I Special Permit fee of $153. Chair Sarnoff All right. Is -- can I get a motion on RE.1 [sic]? Commissioner Suarez: So moved. Vice Chair Carollo: So moved. Commissioner Gort: Move it. Chair Sarnoff RE.2, I apologize. Commissioner Gort: Second. Chair Sarnoff All right. Motion by Commissioner Carollo, second by Commissioner Gort. Anyone from the public wishing to be heard on RE.2? Ms. Wheeler: I would like to let you know that Pastor Jesse Harvey was here all morning. He had to leave. Chair Sarnoff Okay. All right. I'm going to close the public hearing. This is something that's been lingering for a long, long time. Haydee andl have been watching this thing and it's time for a good shepherd to take over, and we're going to shepherd this across with this Commission's help. These are anti -drug signs. Commissioner Dunn, almost every pastor has asked for this. They want them on the outside of their buildings. We'll see how it works for a year and see if there's some good efforts put towards it. So I'll call the question. All in favor, RE.2, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. Ms. Wheeler: Thank you. 11:00 A.M. RE.3 10-00107 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL ASSESSMENT DISTRICT AREA TO BE KNOWN AS THE MIMO BUSINESS IMPROVEMENT DISTRICT ("MIMO BID") AND AUTHORIZING THE LEVY AND COLLECTION OF A SPECIAL ASSESSMENT FOR A PERIOD OF FIVE (5) YEARS SUBJECT TO THE APPROVAL OF A MAJORITY OF AFFECTED PROPERTY OWNERS; PROVIDING FOR NATURE AND ESTIMATE OF BENEFITS TO BE PROVIDED; PROVIDING DETAILS OF ASSESSMENT PROCEDURES, City of Miami Page 50 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 PAYMENTS, AND STATUTORY LIENS; PROVIDING FOR PUBLICATION OF LEGAL NOTICE; AUTHORIZING AND DIRECTING THE CITY MANAGER, THE CITY CLERK, THE FINANCE DIRECTOR, AND ALL OTHER NECESSARY CITY OFFICIALS, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO UNDERTAKE ALL NECESSARY ACTIONS AND PROCEDURES TO ACCOMPLISH THE PURPOSE SET FORTH IN THIS RESOLUTION IN ACCORDANCE WITH CHAPTER 170, FLORIDA STATUTES. 10-00107 Legislation. pdf 10-00107 Exhibit 1.pdf 10-00107 Exhibit 2.pdf 10-00107 Exhibit 3.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0057 Chair Sarnoff Gentlemen, I'm going to take a time certain, RE.3. It's a very noncontroversial. RE.3. Can somebody step up for RE.3? I happen to be the sponsor. Is anybody here from MiMo (Miami Modern)? Okay. Let me explain this to you. This is a special assessment district for MiMo to become a BID (Business Improvement District). As you all will recall, or you may not recall, the Coconut Grove BIC (Business Improvement Committee) became a BID. They're going through the very same process to become a self -taxing authority. There's no cost to the City, but they tax themselves over and above for police, sanitation. These are the steps that we need to go through so that they can become a BID. This is sort of my vision for a number of places in the City, especially those, and as are -- as we become resource challenged, there are certain sections of the City that can provide for themselves. I can tell you, most major cities have a number ofBIDs. And New York City I think has 26BIDs. So it certainly is good government, and hope you would pass it and -- Commissioner Gort: And it works. Vice Chair Carollo: So move. Chair Sarnoff Thank you, Commissioner Carollo. Commissioner Suarez: Second. Commissioner Gort: Second. Chair Sarnoff Commissioner Gort's got the second. Any discussion, gentlemen? All right. Hearing none, I'll open up a public hearing. Anybody wishing to be heard? Hearing none, seeing none, the public hearing is closed. Gentlemen, RE.3, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. Commissioner Gort: Great speech. Chair Sarnoff There's an old saying; you know it. City of Miami Page 51 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 RE.4 10-00141 Department of Employee Relations RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), RATIFYING THE MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE, WALTER E. HEADLEY, JR., MIAMI LODGE 20, IN ORDER TO AMEND THE SEPTEMBER 26, 2009 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND THE FRATERNAL ORDER OF POLICE TO PROVIDE UNIFORMS FOR CITY OF MIAMI DETENTION OFFICERS. 10-00141 Legislation. pdf 10-00141 Exhibit.pdf 10-00141 Summary Form.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0059 Chair Sarnoff R -- Let's see, I think we're done. RE -- Vice Chair Carollo: No. Chair Sarnoff -- 4. Elsa Jaramillo-Velez (Interim Director): Good afternoon, Commissioners. Elsa Jaramillo-Velez, on behalf of Employee Relations. This is a resolution ratifying an MOU (Memorandum of Understanding) between the City ofMiami and FOP (Fraternal Order of Police) Lodge 20. And this particular resolution relates to some uniforms, some shirts, long -sleeve short -- shirts and short -sleeve shirts, and it's for ratification. Commissioner Gort: Move it. Chair Sarnoff All right. We have a motion by Commissioner Gort -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. It is a public hearing. Ladies and gentlemen from the public wishing to be heard on the provision of uniforms for City ofMiami detention officers, please step up. Seeing none, hearing none, comes back to the Commission. RE.4, gentlemen, anybody wishing to be heard? Seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote, Madam Clerk. Ms. Jaramillo-Velez: Thank you. END OF RESOLUTIONS City ofMiami Page 52 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 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: Sophia Holtzman Mayor Tomas Regalado Juana Amada Vargas Commissioner Wifredo (Willy) Gort Pablo Perez -Cisneros Commissioner Francis Suarez Marvin Weeks Commissioner Richard Dunn II 09-01293 Arts Memo 02-11-10.pdf 09-01293 Arts Current_Members 02-11-10.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0081 Chair Sarnoff All right, board appointments. We have BC.1, Madam Clerk. Priscilla A. Thompson (City Clerk): Yes. On BC.1, Chair and Commissioners, we have appointments. Mayor Regalado has two appointments, and he has proffered one name for us, and that name is Sophia Holtzman. Then, of course, Vice Chair Carollo has an appointment. Commissioner Gort has an appointment. Commissioner Suarez has an appointment, and so does Commissioner Dunn. Chair Sarnoff All right. Let's hear from Commissioner Carollo first -- Vice Chair. Vice Chair Carollo: I'm going to continue my -- Chair Sarnoff All right. Vice Chair Carollo: -- appointment. Chair Sarnoff Commissioner Gort. Commissioner Gort: Dr. Juana Amada Vargas. She's incumbent. Ms. Thompson: Okay. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I'd like to appoint Pablo Perez -Cisneros. Chair Sarnoff And Commissioner Dunn. City of Miami Page 53 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Dunn: I want to reappoint the existing appointee. Ms. Thompson: Mr. Marvin Weeks, you mean? Commissioner Dunn: Yes. Ms. Thompson: Thank you. Chair Sarnoff All right. Can I get a motion to approve all -- Chair Sarnoff So move. Chair Sarnoff -- one, two, three, four of these? Vice Chair Carollo: Second. Chair Sarnoff All right. Motion by Commissioner Gort, second by Commissioner Carollo. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. Ms. Thompson: Thank you. BC.2 09-01394 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ignacio Abella, C.P.A., Commissioner Wifredo (Willy) Gort Carol Gardner Commissioner Richard Dunn II 09-01394 Audit Memo 02-11-10.pdf 09-01394 Audit Current_Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0064 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Carol Gardner as a member of the Audit Advisory Board. A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Ignacio Abella as a member of the Audit Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Ignacio Abella as a member of the Audit Advisory Board. City of Miami Page 54 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff BC.2, Madam Clerk. Priscilla A. Thompson (City Clerk): On BC.2, we have appointments to be made by Vice Chair Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. Chair Sarnoff Vice Chairman. Vice Chair Carollo: I'm going to continue mine. Chair Sarnoff Okay. Commissioner Gort. Commissioner Gort: I'll pass for a minute. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: I'd also like to continue mine, please. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Yes. Carol Gardner. Chair Sarnoff Carol -- Commissioner Dunn: Gardner. Chair Sarnoff I can't -- I'm sorry? Commissioner Dunn: G-A-R-D-N-E-R, Gardner. Chair Sarnoff Gardner, okay. All right. Can I get a motion for Carol Gardner? Vice Chair Carollo: So move. Chair Sarnoff Can I get a second? Commissioner Suarez: Second. Chair Sarnoff All right. All in -- Any discussion? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. You have a unanimous vote on BC. 2, Madam Clerk. [Later..] Chair Sarnoff Going back to BC.2 for Commissioner Gort. Commissioner Gort: Audit Advisory Committee, I'd like to maintain Mr. Ignacio Abella, CPA (Certified Public Accountant). Commissioner Suarez: So moved. Chair Sarnoff We have a motion by Commissioner Suarez -- City of Miami Page 55 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Second. Chair Sarnoff -- second by Commissioner Carollo. Any discussion, gentlemen? Ms. Thompson: I have. Chair Sarnoff You have some discussion? Ms. Thompson: Yes. Chair Sarnoff Please. Ms. Thompson: The incumbent, Ignacio Abella, is that who -- Chair Sarnoff Cabella? Ms. Thompson: Yes. Ms. Thompson: Commissioner Gort, is that who you said? Chair Sarnoff Is it --? Commissioner Gort: Yes. Ms. Thompson: Okay. He has served on that committee since 2003. That's eight years. He's term limited, so he can only serve again if he gets a term limit waiver, a unanimous vote of the Commission. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right. Motion by Commissioner Suarez, second by Commissioner Carollo. Understanding it's unanimous, gentlemen, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. Ms. Thompson: Thank you. BC.3 09-01419 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVIL SERVICE BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Gerald Silverman Commission -At -Large (unexpired appointed term ending 7/9/2010) Joe Kaplan Commission -At -Large (unexpired elected term ending 4/26/2010) City of Miami Page 56 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 09-01419 CSB Memo 02-11-10.pdf 09-01419 CSB Exec Sec Memo 02-11-10.pdf 09-01419 CSB Current_Members 02-11-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-1 0-0065 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Gerald Silverman as a member of the Civil Serive Board for the unexpired appointed term ending 7/9/2010. A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Joe Kaplan as a member of the Civil Serive Board for the unexpired elected term ending 4/26/2010. Chair Sarnoff BC.3. Priscilla A. Thompson (City Clerk): BZ -- I'm sorry, PC.3 [sic] -- Chair Sarnoff BZ.3 [sic]. Ms. Thompson: -- we have two appointments to be made to the Civil Service Board. They're -- both of those appointments are for unexpired terms. We had two resignations. One of the unexpired terms is for a Commission at -large seat; that was for an appointed member. And the other is an unexpired term for an elected individual. So you, as the Commission, have the duty to appoint to finish out those two terms. Chair Sarnoff All right. Commissioner Gort: Mr. Chairman. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Well, let me recognize the Vice Chair first, followed by Commissioner Gort. Vice Chair Carollo: I have a name of someone that was on the Civil Service Board for quite some time. As a matter of fact, he was the chairman, Gerald Silverman. So I would like to nominate him. Chair Sarnoff Gerald Silverman. Commissioner Suarez: Second. Vice Chair Carollo: Yes. Chair Sarnoff You want to do this one at a time, gentlemen? All right, so we have a Gerald Silverman. We have a motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion on Gerald Zilberman [sic]? City of Miami Page 57 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Silverman. Ms. Thompson: Silverman. Chair Sarnoff Silverman, I'm sorry. Silverman. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff And Commissioner Gort. Commissioner Gort: I apologize. The -- on BC.2, I do have a -- this is the Audit Advisory Committee? Ms. Thompson: That's correct. Commissioner Gort: I do have an appointment. I'd like to maintain -- Ms. Thompson: If we might. Commissioner Gort: Sure, no problem. Ms. Thompson: May I ask can we finish this one first and we'll -- Chair Sarnoff Yes. Ms. Thompson: -- go back to --? Commissioner Gort: No problem. Chair Sarnoff We'll go back -- Commissioner Gort: Yes, ma'am. Chair Sarnoff -- to BC. 2. Ms. Thompson: Thank you. Chair Sarnoff All right. Gentlemen, anyone else having a nomination for BC.3? I have one, Joe Kaplan. Vice Chair Carollo: So move. Chair Sarnoff All right. We have a motion by Commissioner -- Commissioner Suarez: Second. Chair Sarnoff -- Carollo, second by Commissioner Suarez. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. Ms. Thompson: Thank you. City of Miami Page 58 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 BC.4 09-01301 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Pedro R. Diaz Vice Chairman Frank Carollo 09-01301 Bayfront Memo 02-11-10.pdf 09-01301 Bayfront Current_Members 0211.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0067 Chair Sarnoff BC.4. Priscilla A. Thompson (City Clerk): On BC.4, we have appointments to be made to the Bayfront Park Management Trust by Vice Chair Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. Chair Sarnoff All right, Commissioner Carollo. Vice Chair Carollo: Yes. I'd like to nominate Pedro R. Diaz. Commissioner Suarez: I second -- I move that then. Ms. Thompson: If -- we can do them all together if you just -- Chair Sarnoff Yeah. We'll try to do them all. Commissioner Suarez: Oh, sure. Chair Sarnoff So Commissioner Gort. Commissioner Gort: Waive. Chair Sarnoff All right, you're going to waive. Commissioner Suarez: So willl. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I will waive mine -- Chair Sarnoff Waive. Commissioner Suarez: -- for now. City of Miami Page 59 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Commissioner Dunn. Commissioner Dunn: We're going to defer. Chair Sarnoff All right, defer. So we only have Pedro R. Diaz. So is there a motion? Commissioner Suarez: Motion. Chair Sarnoff Second -- motion by Commissioner Suarez, second by Commissioner Carollo. Vice Chair Carollo: Second. Chair Sarnoff Any discussion, gentlemen? All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Okay, unanimous vote. BC.5 10-00016 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00016 CEB Memo.pdf 10-00016 Code Current_Members.pdf CONTINUED Chair Sarnoff BC.5. NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Richard Dunn II Priscilla A. Thompson (City Clerk): On BC.5, appointments to the Code Enforcement Board, we have Vice Chair Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. Chair Sarnoff Oh, I'm sorry. Commissioner -- Vice Chair. Vice Chair Carollo: Continue. Chair Sarnoff You're going to -- Vice Chair Carollo: Continue. Chair Sarnoff Okay. Commissioner Gort. City of Miami Page 60 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Gort: Waive. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: Continue, please. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff Okay. We won't be doing anything on BC.5. Ms. Thompson: Thank you. BC.6 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: Constance Johnson Lyse Cuellar Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort 09-01308 CSW Memo 02-11-10.pdf 09-01308 CSW Current_Members 02-11-10.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0068 A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Constance Johnson and Lyse Cuellar as members of the Commission on the Status of Women; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Constance Johnson as a member of the Commission on the Status of Women. Chair Sarnoff BC. 6. Vice Chair Carollo: Continue. Priscilla A. Thompson (City Clerk): On BC.6, the Commission on the Status of Women, we have appointments to be made by Mayor Regalado, Chair Sarnoff Vice Chair Carollo has two appointments; Commissioner Gort has two appointments; Commissioner Suarez has two; and Commissioner Dunn has two. Chair Sarnoff All right. Has the Mayor proffered anyone? Ms. Thompson: No, not for this board. City of Miami Page 61 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff I'm going to defer mine. Vice Chair. Vice Chair Carollo: Same, defer. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: I will have Ms. Constance Johnson, who's an incumbent, and Lyse Cuellar. They're both incumbents. Ms. Thompson: And l just need to say on the record for -- Oh, I'm sorry. You said Lyse -- Commissioner Gort: Cuellar. Ms. Thompson: -- and Ms. Johnson? Okay, they're fine. I'm sorry. Chair Sarnoff Okay. Commissioner Suarez. Commissioner Suarez: I will defer mine. I think you also said Constance Johnson, right, Commissioner --? Ms. Thompson: Yes. I have -- Chair Sarnoff Constance Johnson. Commissioner Suarez: Yeah. I'll defer mine, please. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff All right, so we're voting -- is there a motion for Constance Johnson and Lisa -- Lyse -- Commissioner Gort: Cuellar. Chair Sarnoff -- Cuellar? Commissioner Suarez: So moved. Chair Sarnoff There's -- Vice Chair Carollo: Second. Chair Sarnoff -- a motion by Commissioner Suarez, a second by Commissioner Carollo. Any discussion? Ms. Thompson: Yes. For Constance Johnson, she has served since June 2001, that means nine years, so she will also need what we call a term limit waiver of 5-5 of the Commission. Chair Sarnoff Maker understand that? Commissioner Gort: Yes. Chair Sarnoff Seconder accepts? City of Miami Page 62 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Yes. Chair Sarnoff All right. Gentlemen, all in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff All right. Unanimous vote. Ms. Thompson: Thank you. BC.7 09-01401 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marta Zayas Mayor Tomas Regalado Jacqueline Zelman Chairman Marc David Sarnoff 09-01401 CTAB Memo 02-11-10.pdf 09-01401 CTAB Current_Members 02-11-10.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0069 A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Jacqueline Zelman and Marta Zayas as members of the Community Technology Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Jacqueline Zelman as a member of the Community Technology Advisory Board. Priscilla A. Thompson (City Clerk): On BC.7, the Community Technology Advisory Board, the Mayor has an appointment, Chair Sarnoff has an appointment, Vice Chair Carollo has an appointment; Commissioner Gort, an appointment, Commissioner Suarez, as well as Commissioner Dunn. Chair Sarnoff Okay. Has the Mayor proffered? Ms. Thompson: The Mayor has proffered the name ofMarta Zayas, Z-A-Y-A-S. Chair Sarnoff Okay. I will -- Commissioner Suarez: So moved. City ofMiami Page 63 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Well, let's get them all together again. I'm going to proffer Jacqueline Zelman. Ms. Thompson: Jacqueline Zelman? Chair Sarnoff Yes. Ms. Thompson: She will need a four fifth waiver because she had three absences -- three consecutive absences in 2009. Chair Sarnoff Understood. Commissioner -- Vice Chair. Vice Chair Carollo: I'm going to defer. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: I will also defer, please. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff And Commissioner Gort, I apologize. Commissioner Gort: Defer. Chair Sarnoff All right. So it's Marta Zayas and Jacqueline Zelman. Can we get a motion? Commissioner Suarez: So moved. Commissioner Dunn: So move. Chair Sarnoff All right. Got a motion by Commissioner Suarez, second by Commissioner Carollo. Vice Chair Carollo: Second. Chair Sarnoff Gentlemen, I think you need a four fifths from -- so I understand that. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. BC.8 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: Eli Feinberg Mayor Tomas Regalado Carol Gardner Commissioner Richard Dunn II City of Miami Page 64 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 09-01312 Finance Memo 02-11-10.pdf 09-01312 Finance Current_Members 02-11-10.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-1 0-0070 A motion was made by Commissioner Gort, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Eli Feinberg and Carol Gardner as members of the Finance Committee; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Eli Feinberg as a member of the Finance Committee. Chair Sarnoff BC.8, Madam Clerk. Priscilla A. Thompson (City Clerk): On BC.8, this is the Finance Committee. The Mayor has an appointment and he has proffered a name, that name being Eli Feinberg. Then Vice Chair Carollo has an appointment, Commissioner Gort, Commissioner Sanchez -- I'm sorry, Suarez, and Commissioner Dunn. Chair Sarnoff All right. Commissioner Carollo. Vice Chair Carollo: Continue. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: Waive. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I want to continue it as well. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Carol Gardner. Chair Sarnoff Carol Augner [sic]? Commissioner Dunn: Gardner. Chair Sarnoff Gardner. All right. So we have two folks here, Eli Feinberg and Carol Gardner. Is there a motion? Vice Chair Carollo: So move. Commissioner Gort: Move it. Chair Sarnoff All right. Motion by Commissioner Gort, second by Commissioner Carollo. Any discussion, gentlemen? Hearing none -- Ms. Thompson: Yes, sir. And we're going to need a 5-5 on here. Mr. Eli Feinberg has been a member for 12 years, so in order for him to be reappointed, we would need a term limit waiver of City of Miami Page 65 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 the full Commission. Chair Sarnoff All right. So let's table that for right now. We'll come back. BC.9. We're back to BC.8. Commissioner Suarez: Sorry. Chair Sarnoff That's all right. Commissioner Suarez: I'm going to defer BC. 8. What was BC. 8? Yeah, I'll defer it. Chair Sarnoff We have two people being voted on, Eli Feinberg, Carol Gardner. Mr. Feinberg will require a five -fifths vote. Commissioner Suarez: I will vote in favor. Chair Sarnoff Okay. Ms. Thompson: And the five fifth is actually for the waiver. Chair Sarnoff For the waiver. Commissioner Suarez: That's fine. Chair Sarnoff Understood. So, gentlemen, all in favor on BC.8, say "aye. " The Commission (Collectively): Aye. Chair Sarnoff You got your unanimous vote. Ms. Thompson: Thank you. BC.9 10-00019 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: Beverly Nixon 10-00019 Memo EAB 02-11-10.pdf 10-00019 EAB Current_Members.pdf NOMINATED BY: Commissioner Richard Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0071 Chair Sarnoff All right, BC.9. City of Miami Page 66 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Priscilla A. Thompson (City Clerk): On BC.9, that would be your appointments to the Education Advisory Board. Vice Chair Carollo has an appointment, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn also have appointments. Chair Sarnoff All right, Vice Chairman. Vice Chair Carollo: Continue. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: Waive. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: Continue, please. Chair Sarnoff And Commissioner Dunn. Commissioner Dunn: Yes. I'm -- Beverly Nixon. Chair Sarnoff Beverly Nixon. So we need a motion for Beverly Nixon. Vice Chair Carollo: So move. Chair Sarnoff Got a motion by the -- Commissioner Suarez: Second. Chair Sarnoff -- Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing none, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote, Madam Clerk. Ms. Thompson: Thank -- BC.10 09-01403 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Miriam Urra Commissioner Wifredo (Willy) Gort Charles Flowers Commissioner Richard Dunn II James Dixon AFSCME 871 City of Miami Page 67 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 09-01403 Memo EO 02-11-10.pdf 09-01403 EO Current_Members 02-11-10.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0072 A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Miriam Urra, Charles Flowers , and James Dixon as members of the Equal Opportunity Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Miriam Urra, and James Dixon as members of the Equal Opportunity Advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Charles Flowers as a member of the Equal Opportunity Advisory Board. Chair Sarnoff Okay. I was going to appoint Luis Maurice, but understand that he had exceeded the number of absences. Ms. Thompson: Yes. Chair Sarnoff Can you tell me how many he's missed? Ms. Thompson: He had five in 2009. Chair Sarnoff Okay, I'll defer. Sorry, Vice Chairman. Vice Chair Carollo: 171 continue. Ms. Thompson: Both of them? Chair Sarnoff Commissioner Gort. Commissioner Gort: Miriam Urra. Ms. Thompson: Ms. Urra would need a four fifths absence waiver. She missed seven meetings in 2009. Chair Sarnoff All right. Is there a second one you want? Commissioner Suarez: I'll second. I'll move it. Chair Sarnoff No, no, no. Is there a second name? He has two appointments. Commissioner Dunn: Got two. Commissioner Gort: No. 171 waive the second. Chair Sarnoff Okay. Commissioner Suarez. Commissioner Suarez: I waive -- I defer mine. City ofMiami Page 68 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Want to reappoint Charlie Flowers -- Charles Flowers. Ms. Thompson: Mr. Flowers will need a five five waiver, term limit. He's been serving for nine years. Chair Sarnoff Anyone else, Commissioner? Commissioner Dunn: I'll defer. Chair Sarnoff Defer? Commissioner Dunn: Yes. Chair Sarnoff All right. So we have a Miriam Burra [sic] and a Charles Flowers. Is there a motion? Commissioner Suarez: Motion. Commissioner Gort: Second. Ms. Thompson: Excuse me, sir. And James Dixon. Chair Sarnoff Oh, I apologize. And James Dixon. Commissioner Suarez: So moved. Chair Sarnoff We have a motion by Commissioner Suarez, second by -- Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Carollo. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote, Madam Clerk. Ms. Thompson: With the understanding that -- Chair Sarnoff With the understanding that we needed a four fifths waiver for James Dixon and a five fifths waiver for Charles Flowers. Ms. Thompson: And a four fifth waivers [sic] for Ms. Urra. 10-00192 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING ANTHONY CUTLER AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City of Miami Page 69 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 R-10-0082 A motion was made by Commissioner Dunn, seconded by Vice Chairman Carollo, and was passed unanimously, to remove Anthony Cutler as a member of the Equal Opportunity Advisory Board. Chair Sarnoff BC.10. Priscilla A. Thompson (City Clerk): On BC.10, the Equal Opportunity Advisory Board, we have appointments to be made by Chair Sarnoff. Vice Chair Carollo has two appointments. Commissioner Gort has two appointments, Commissioner Suarez has two, and so does Commissioner Dunn. The AFSCME (American Federal, State, County, and Municipal Employees) 871 also has proffered the name of an individual to be appointed for their slot. That name is James Dixon. Mr. Dixon missed four meetings in 2009 so he would require a four fifths waiver of absences if he's to be re -- I mean, if you're going to accept that recommendation. Commissioner Dunn: Mr. Chairman, ifI may. I was just notified that need to in fact remove my second appointee so that won't create a legal problem. That would be Anthony Cutler. Chair Sarnoff Do we vote to remove --? We do. Okay. So there's now a motion by Commissioner Dunn to -- Vice Chair Carollo: Second. Chair Sarnoff -- remove -- What was the name? Ms. Thompson: Anthony Cutler. Commissioner Dunn: Anthony Cutler. Chair Sarnoff -- Anthony Cutler. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff All right. There's a second by Commissioner Carollo. Any discussion? Hearing none, all in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. BC.11 10-00036 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Margaret Okonwo Commissioner Richard Dunn II City of Miami Page 70 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 10-00036 Memo health 02-11-10.pdf 10-00036 Health Current_Members.pdf ADOPTED R-10-0073 Chair Sarnoff Okay, BC.11. Priscilla A. Thompson (City Clerk): On BC.11, these -- this would be appointments to your Health Facility [sic] Advisory Board. Appointments are to be made by Vice Chair Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. Chair Sarnoff All right. Vice Chairman. Vice Chair Carollo: Continue. Chair Sarnoff Commissioner Gort. Commissioner Gort: Waive. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I would like to reappoint Hugo Arza. Ms. Thompson: I'm sorry? Commissioner Suarez: Am I on the wrong one? Ms. Thompson: Did you --? Chair Sarnoff Hugo Arza? Commissioner Suarez: Yeah. Which -- Vice Chair Carollo: Health Facilities. Commissioner Suarez: Oh, no. Then it's the wrong one. I'm sorry. Yeah, I'm one ahead. I'm sorry. Ms. Thompson: On BC (Boards and Committees) -- Commissioner Suarez: I will continue on Health Facilities. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Reappoint -- Ms. Thompson: Dr. Okuna [sic]. Commissioner Dunn: Yes. Ms. Thompson: Thank you. Chair Sarnoff What was the name, Dr. --? Ms. Thompson: Okono -- Okonowa [sic]. City of Miami Page 71 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Okonowa [sic], okay. Ms. Thompson: O-K-O-N-W-O. Chair Sarnoff Okay. So we -- do we have a mo --? We have a motion by Commissioner Dunn for Dr. Okonowa [sic]. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff You have a second by Commissioner Carollo. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, you have unanimous vote, Madam Clerk. Ms. Thompson: All right. BC.12 10-00038 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Maria Sardina Mann Mayor Tomas Regalado Gary Reshefsky Chairman Marc Sarnoff Eileen Broton Commissioner Richard Dunn II Hattie Willis Commissioner Richard Dunn II 10-00038 Memo homeland 02-11-10.pdf 10-00038 Homeland Current_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0074 Chair Sarnoff BC.12. Priscilla A. Thompson (City Clerk): On BC.12, appointments to the Homeland Defense/Neighborhood Improvement Bond Program Oversight Board, the Mayor has proffered the name of Maria Sardina Mann, and you have appointments to be made; two by Chair Sarnoff, two by Vice Chair Carollo, two by Commissioner Gort, two by Commissioner Suarez, and two by Commissioner Dunn. Chair Sarnoff All right. I will reappoint Gary Reshefsky, andl don't know if he needs any kind of special -- City of Miami Page 72 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Ms. Thompson: No, he's fine. Chair Sarnoff Okay. And I'm going to defer my other one. So I'm up to the Vice Chair. Vice Chair Carollo: I'm going to continue. Chair Sarnoff All right. And Commissioner Gort. Commissioner Gort: I have a question. I have the gentleman, Pablo Perez -Cisneros, but he was appointed to another board. Can he serve in two boards? Ms. Thompson: That's a question we need to go ahead and defer to the City Attorney. Gail Dotson (Assistant City Attorney): That would be considered holding dual office, so he cannot serve on two boards. Commissioner Gort: I'll waive my appointments. Chair Sarnoff All right, Commissioner Suarez. Commissioner Suarez: He -- so basically he has to decide which one of the two boards he wants to sit on, right? Commissioner Gort: You already got him -- you have him on your board. Commissioner Suarez: Okay. That's fine. I'm going to continue this one. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: I want to reappoint Hattie Willis and Eileen Broton. Chair Sarnoff So we need a motion to appoint -- You want to take these --? Well, see if we could do it all at once. Beba Sardina Mann, Hattie Willis, and what -- Ellen [sic] Broton? Commissioner Dunn: Yes, Ellen [sic] Broton. Ms. Thompson: Along with Gary Reshefsky. Chair Sarnoff And right, sorry. Along with Gary Reshefsky. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay, you have a unanimous vote. BC. 13 10-00105 RESOLUTION City of Miami Page 73 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MAYOR'S INTERNATIONAL COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Eduardo Padron Vice Chairman Frank Carollo Al Maloof Commission -at -Large 10-00105 MIC Memo.pdf 10-00105 MIC Current_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0075 Priscilla A. Thompson (City Clerk): On BC.13, you would be making appointments to the Mayor's International Council. We have listed appointments to be made by the Vice Chair, Commissioner Gort, Commissioner Suarez, Commissioner Dunn, and two at -large appointments. Chair Sarnoff All right, Vice Chair. Vice Chair Carollo: I would like to reappoint Dr. Eduardo Padron, and ifI may, I have an at -large. Chair Sarnoff Go ahead. Vice Chair Carollo: I would like to appoint Al Maloof. Chair Sarnoff Maloo [sic]? Vice Chair Carollo: Maloof. Chair Sarnoff Maloo [sic]. Ms. Thompson: Can you --? Vice Chair Carollo: M-A-L-O-O-F. Ms. Thompson: Okay. Chair Sarnoff All right. And Commissioner Gort. Commissioner Gort: Waive. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: Continue, please. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Defer. City of Miami Page 74 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff All right, so we have -- Can we get a motion for Dr. Eduardo Padron and -- Commissioner Suarez: So moved. Chair Sarnoff -- Al Maloof? Commissioner Gort: Second. Chair Sarnoff We have a motion by Commissioner -- Commissioner Gort: Second. Vice Chair Carollo: Move it. Chair Sarnoff -- Suarez, second by Commissioner Dunn. All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff You have an unanimous vote, Madam Clerk. BC.14 09-01444 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Marc David Sarnoff Vice Chairman Frank Carollo Anthony Luis Recio Commissioner Francis Suarez Roland Smith Commissioner Richard Dunn II 09-01444 MSEA Memo 02-11-10.pdf 09-01444 MSEA Current_Members 02-11-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0076 Chair Sarnoff BC.14. Priscilla A. Thompson (City Clerk): On BC.14, the Miami Sports and Exhibition Authority, we have appointments to be made by Vice Chair Carollo; Commissioner Gort has two appointments; Commissioner Suarez, and then Commissioner Dunn has two appointments. Chair Sarnoff All right. I'm sorry, Vice Chair. Vice Chair Carollo: I'm considering appointing Chairman Sarnoff. Chair Sarnoff To MSEA (Miami Sports and Exhibition Authority) ? City of Miami Page 75 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Yeah. Chair Sarnoff Yeah. I could -- I wouldn't mind. Vice Chair Carollo: My appointment is Chairman Sarnoff. Commissioner Suarez: Second. Chair Sarnoff Let's see if we can get a little (UNINTELLIGIBLE). Commissioner Gort. Commissioner Gort: I wanted to appoint Eli Feinberg, who's one of the founding members and he goes way back and he has a lot of history on this board, but he's already been placed on one board so I'll waive at this time. Chair Sarnoff Commissioner -- Ms. Thompson: You have two of them. You're going to continue both? Commissioner Gort: I'm not ready for it. Ms. Thompson: Okay, thank you. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: I would like to appoint Antonio Recio. Chair Sarnoff All right. And Commissioner Dunn. Commissioner Dunn: I'm going to appoint Roland Smith. Ms. Thompson: Did you say Roland? Commissioner Dunn: Roland Smith, yes. Chair Sarnoff All right. Anyone else? Commissioner, you have two appointments. Commissioner Dunn: Two? Chair Sarnoff Yes. Commissioner Dunn: Let me defer on the second. Chair Sarnoff All right. So the motion would state Commissioner Sarnoff, Antonio Recio, and Roland Smith. Is there such a motion? Vice Chair Carollo: So move. Chair Sarnoff Move -- motion by Commissioner Carollo, second by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Any discussion, gentlemen? All in favor, please say "aye. City of Miami Page 76 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. BC.15 09-01393 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 09-01393 NAB Memo 02-11-10.pdf 09-01393 NAB Current_Members.pdf CONTINUED Priscilla A. Thompson (City Clerk): BC -- Chair Sarnoff Okay. NOMINATED BY: Chairman Marc Sarnoff Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Richard Dunn II Ms. Thompson: -- 15 would be appointments to the Nuisance Abatement Board. We have appointments to be made by Vice Chair Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. Chair Sarnoff All right. Vice Chair. Vice Chair Carollo: Continue. Chair Sarnoff Commissioner Gort. Commissioner Gort: I'll waive. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Continue. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Want to defer. Chair Sarnoff All right. BC.16 09-01318 RESOLUTION City of Miami Page 77 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 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. APPOINTEE: NOMINATED BY: Mayor Tomas Regalado 09-01318 Advertisement.pdf 09-01318 OAB Memo 02-11-10.pdf 09-01318 OAB Current_Members 02-11-10.pdf 09-01318 OAB Resumes.pdf CONTINUED Chair Sarnoff So we'll move on from BC.15 to BC.16. Priscilla A. Thompson (City Clerk): BC.16 would be appointments members of the Overtown Advisory Board. The only individual with a vacancy to appoint at this time would be the Mayor, and the name that he proffered cannot be made at this time. You'd have to wait until the next meeting. Chair Sarnoff All right, so BC.16 we're leaving. BC.17 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: Carlos Arboleya Mayor Tomas Regalado Eileen Bottari Mayor Tomas Regalado 09-01317 PA R Memo 02-11-10.pdf 09-01317 PRAB Current_Members 02-11-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0062 Chair Sarnoff BC.17. Priscilla A. Thompson (City Clerk): BC.17 would be your members of the Park [sic] Recreation Advisory Board. There are appointments to be made by the Mayor, two, and he has proffered the names of Carlos A-R-B-O-L-E-Y A -- Chair Sarnoff Arboleya. City of Miami Page 78 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Ms. Thompson: -- Arboleya, and Eileen Bottari. Then Commissioner -- I'm sorry, Vice Chair Carollo has an appointment -- Vice Chair Carollo: Continue. Ms. Thompson: -- Commissioner Gort, Commissioner Suarez, and Commissioner Dunn. Chair Sarnoff All right. Ms. Thompson: The one thing thatl need to make sure that the Commissioners are aware of are your appointments must be from individuals who live in your district. Chair Sarnoff Okay. Vice Chair, you indicated you are continuing? Vice Chair Carollo: Yes, sir. Chair Sarnoff Commissioner Gort. Commissioner Gort: This is the Urban Development? Chair Sarnoff This is the Parks and Recreation Advisory Board. This is on page 27. Commissioner Gort: Parks and Recreation, I'll waive. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: Defer. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff All right. So the two names proffered by the Mayor are Carlos Arboleya and Eileen Bottari. Is there a motion? Vice Chair Carollo: So move. Chair Sarnoff We have a motion by Commissioner Carollo, a second by -- Commissioner Suarez: Second. Sorry. Chair Sarnoff -- Commissioner Suarez. All in favor, gentlemen? The Commission (Collectively): Aye. Chair Sarnoff Okay. We have a unanimous vote. BC.18 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: City of Miami Page 79 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chairman Marc David Sarnoff Chairman Marc David Sarnoff Vice -Chairman Frank Carollo Vice -Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 09-00870 UDRB Memo 02-11-10.pdf 09-00870 UDRB Current_Members 02-11-10.pdf DEFERRED Priscilla A. Thompson (City Clerk): On BC -- Chair Sarnoff BC.18. Ms. Thompson: -- 18, we have appointments to be made to the Urban Development Review Board, better known as the UDRB. I need to advise -- well, we'll go 'head [sic] first and see who's going to be appointed, then I'll make an announcement. Chair Sarnoff Okay. I'm -- I have Rudolph -- Ms. Thompson: Well, Chair Sarnoff, you have two appointments to be made. Chair Sarnoff Right. Ms. Thompson: Okay. Vice Chair Carollo, you have two; Commissioner Gort, you have two; Commissioner Suarez, you have two, and so does Commissioner Dunn. Chair Sarnoff I'm going to reappoint Todd Tragash. Ms. Thompson: Okay. I need to advise you that according to Section 62-257(c) of the enabling ordinance for this board, it says that after initial five -- I'm sorry, after the initial one-year term - - and the term of office on this board is one year -- after that initial term, the member cannot serve any more than five consecutive terms. So we have that individual, Mr. Targash [sic], he's served 11 years already, so I don't know if this is waivable [sic]. Chair Sarnoff Madam City Attorney, is this waivable [sic]? Gail Dotson (Assistant City Attorney): Can I get back to you on that? Chair Sarnoff Absolutely. City of Miami Page 80 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Ms. Dotson: Okay. Chair Sarnoff I don't expect you to know all the answers. Ms. Thompson: And -- Chair Sarnoff All right. That's okay. Let's go down the list. Let's see who can do. Vice Chair. Vice Chair Carollo: Continue. Chair Sarnoff Commissioner Gort. Commissioner Gort: Continue. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Continue. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff While we may expect you not to know things at the very moment we ask, we do expect you to get there very quickly. I'll tell you what, we'll defer BC.18. [Later..] Ms. Dotson: Chairman Sarnoff? Chair Sarnoff Yes, ma'am. Ms. Dotson: I have a response for BC.18 -- Chair Sarnoff Okay. Ms. Dotson: -- the Urban Development Review Board. Chair Sarnoff That was yesterday. Go ahead. Ms. Dotson: The ordinance specifically says that no member of the board shall be reappointed to more than five consecutive terms thereafter, so if the person that you wanted to reappoint has already served five consecutive terms, he or she can no longer serve. Chair Sarnoff Okay. Ms. Dotson: The waiver only -- the waiver applies unless there is a specific provision in the code, and there is a specific provision in this code. ChairSarnoff Okay. Thank you. Ms. Thompson: Then -- and just for clarification, Madam Attorney, that person will -- if the Chair does not make an appointment, that person continues to serve until he makes an appointment. Is that correct? Ms. Dotson: Yes. City of Miami Page 81 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Ms. Thompson: Thank you. Chair Sarnoff Thank you. Ms. Thompson: No. I just need to know if you're going to make an appointment, because we need to -- Chair Sarnoff No, no, no. Ms. Thompson: Okay. Chair Sarnoff I'll keep it just the way it is. Ms. Thompson: Okay. So I'll show that one as continued. Chair Sarnoff Just to show you I'm a lawyer; I can get around anything. BC.19 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: Gene Tinnie Mayor Tomas Regalado Mark Walters Chairman Marc David Sarnoff Patrick Range II 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 ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0077 A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Gene Tinnie, Mark Walters, and Patrick Range II as members of the Virgia Key Beach Park Trust; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Gene Tinnie and Mark Walters as members of the Virgia Key Beach Park Trust. Chair Sarnoff All right, BC.19. Priscilla A. Thompson (City Clerk): BC.19, members of the Virginia Key Park Trust. We have a name proffered by the Mayor. The Mayor has proffered the name of Mr. Gene Tinnie. Mr Tinnie has served nine years. He started serving in 2001. Therefore, he would need a 5-5 vote City of Miami Page 82 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 in order to enact the term limit waiver. Chair Sarnoff All right. I'm going to proffer the name of Mark Walters. Ms. Thompson: Mr. Walters will also need a 5-5 because he's been there for nine years as well. Chair Sarnoff Okay. Commissioner Gort. I'll skip you. Go to Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: I will proffer an at -large reappointment of Patrick Range. Chair Sarnoff Is that your appointment or you want to make that an at -large appointment? Commissioner Suarez: It's an at -large. Chair Sarnoff Okay. Commissioner Suarez: Just a reappointment at -large. Chair Sarnoff Okay. You have another appointment of your own. Commissioner Suarez: I'll defer mine, please. Chair Sarnoff Okay. Commissioner Gort. Commissioner Gort: Defer mine. Chair Sarnoff All right, so we have Gene Tinnie, who will need a five fifths, Mark Walters, who will need a five fifths, and Patrick Range. Correct, Madam Clerk? Ms. Thompson: Patrick Range does not need the 5-5. It's just an appointment. Chair Sarnoff Commissioner, just a quick vote. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. Ms. Thompson: Wait, wait, wait, wait. I'm sorry. Can I have a move --? Chair Sarnoff Did not get a motion? Commissioner Suarez: Motion. Chair Sarnoff Thank you. Commissioner Suarez, second by Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. BC.20 09-01395 RESOLUTION City of Miami Page 83 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Jose Herrera, Jr. Mayor Tomas Regalado Manuel J. Prieguez Vice Chairman Frank Carollo Stuart Sorg Commissioner Wifredo (Willy) Gort Guillermo Rodriguez Commissioner Wifredo (Willy) Gort Luis Garcia Commissioner Richard Dunn II 09-01395 Waterfront Memo 02-11-10.pdf 09-01395 WAB Current_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0078 A motion was made by Commissioner Suarez, seconded by Commissioner Gort, and was passed unanimously, to appoint Jose Herrera, Jr., Manuel J. Prieguez, Stuart Sorg, Guillermo Rodriguez, and Luis Garcia as members of the Waterfront advisory Board; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the members of the City Commission, as it relates to Sturat Sorg as a member of the Waterfront Advisory Board. Priscilla A. Thompson (City Clerk): On BC.20, that would be appointments to the Waterfront Advisory Board, the Mayor has proffered the name of Mr. Jose Herrera, Jr. Chair Sarnoff What's the last name? Ms. Thompson: I'm sorry. Jose Herrera, Jr. Chair Sarnoff Herrera. Ms. Thompson: Okay. And then Vice Chair Carollo has two appointments, Commissioner Gort has two, Commissioner Suarez has two, and Commissioner Dunn has two. Chair Sarnoff All right. Vice Chair. Vice Chair Carollo: At the present time, I'm just going to appoint one, and that will be Manuel Prieguez. Ms. Thompson: Can you tell me, sir, are you appointing him to your vacant seat or are you appointing to -- him to the seat that's already -- that has an incumbent? City of Miami Page 84 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: I'm appointing him to my vacant seat. Ms. Thompson: Thank you. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: Prieguez was going to have three different people appointing him. He's a lucky guy. I have Stuart Sorg and also I have Guillermo Rodriguez. By the way, Guillermo, I have his curriculum vitae here in case you need it. Ms. Thompson: I'm sorry. I can't -- Commissioner Gort: I have curriculum vitae for the -- Guillermo Rodriguez, if you need it. Ms. Thompson: You're -- so -- okay, Manuel Prieguez has been nominated by Commissioner -- Vice Chair Carollo. In his place, sir, you're nominating -- andl'm sorry. I did not hear. Commissioner Gort: I'm nominating Guillermo Rodriguez -- Ms. Thompson: Guillermo Rodriguez. Commissioner Gort: -- and Stuart Sorg. Ms. Thompson: Stuart Sorg. Chair Sarnoff All right. Commissioner Suarez. Commissioner Suarez: Defer. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: I'm nominating Luis Garcia andl'm going to defer my second. Chair Sarnoff All right. So gentlemen, we have Jose Correa [sic], Manuel Prieguez, Stuart Sorg, Guillermo Rodriguez, and Luis Garcia. Is there a motion? Commissioner Suarez: So move. Ms. Thompson: Chair, if you can just let me check something. I need to make sure whether or not Mr. Sorg is going to need a waiver because of the term limit. Just give me one second. Yes, he's going to need a wavier because he's served for 12 years already. Chair Sarnoff All right. Gentlemen, understanding that the -- one of the gentlemen will need a five fifths waiver, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have unanimous vote. Ms. Thompson: Thank you. BC.21 10-00050 RESOLUTION Office of the City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON City of Miami Page 85 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: Commissioner Suarez of the Midtown Community Redevelopment Agency Commissioner Dunn of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: Commissioner Gort of the Midtown Community Redevelopment Agency APPOINTED AS MEMBER: Commissioner Dunn of the Florida League of Cities Commissioner Gort of the Miami -Dade County Tourist Development Council 10-00050 Memo Commissioners as Members of Boards.pdf 10-00050 History Commissioners as Board Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0079 A motion was made by Chairman Sarnoff, seconded by Commissioner Gort, and was passed unanimously, to appoint Commissioner Suarez as chairperson of the Midtown Community Redevelopment Agency. A motion was made by Chairman Sarnoff, seconded by Commissioner Gort, and was passed unanimously, to appoint Commissioner Dunn as chairperson of the Commercial Solid Waste Management Advisory Committee. A motion was made by Chairman Sarnoff, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Gort as vice chairperson of the Midtown Community Redevelopment Agency. A motion was made by Vice Chair Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Dunn as a member of the Florida League of Cities. A motion was made by Commissioner Dunn, seconded by Commissioner Suarez, and was passed unanimously, to appoint Commissioner Gort as a member of the Miami -Dade County Tourist Delevelopment Council. City of Miami Page 86 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Priscilla A. Thompson (City Clerk): On your BC. 21, that would be appointments to -- appointments of the Mayor and the members of the Commission to chairpersons, vice chairs, members of various boards, committees, agencies, and trust. We have an appointment for chairperson needed for the Midtown Community Redevelopment Agency. Chair Sarnoff currently serves as the chair of that Midtown CRA (Community Redevelopment Agency). Chair Sarnoff Easiest job in the world. I'd nominate Commissioner Suarez. Commissioner Gort: Second. We have different nominations or--? Chair Sarnoff And we need a vice chair -- let's see if we can get it all done together. Ms. Thompson: So you want to -- you're going to make your nomination for each --? Chair Sarnoff Well, you're right. We'll do one at a time. Ms. Thompson: Thank you. Chair Sarnoff All right, so we have a motion -- Ms. Thompson: So we had a motion by -- Vice Chair Carollo: I have -- Ms. Thompson: -- Chair Sarnoff to appoint Commissioner Suarez. We need a second. Commissioner Gort: Second. Vice Chair Carollo: Do I have --? Second -- Ms. Thompson: Thank you. Vice Chair Carollo: -- by Commissioner Gort. Ms. Thompson: Thank you. Vice Chair Carollo: Any discussion? Hearing none, all in favor, say "aye.' The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion passes unanimously. Chair Sarnoff All right. Ms. Thompson: Now we have an appointment for chairperson for the Commercial Solid Waste Management Advisory Committee. Commissioner Gort: I'm sorry. What was that? The Commercial Solid Waste -- Chair Sarnoff Is that --? Ms. Thompson: Okay, let me just give you some info. That -- the chairperson of that committee was formerly District 5 Commissioner, Commissioner 5 -- former District 5 Commissioner was serving as the chair. City of Miami Page 87 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff I'll move to appoint Commissioner Dunn. Commissioner Gort: Second. Vice Chair Carollo: I have a motion by Chairman Sarnoff. I have a second by Commissioner Gort. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion passes unanimously. Ms. Thompson: Now we have the appointment of a vice chair for Midtown Community Redevelopment Agency. That position was held by a former District 1 Commissioner. Chair Sarnoff I'll move to nominate Commissioner Gort. Commissioner Gort: To what? Chair Sarnoff Oh, it's a great -- Commissioner Suarez: Second. Commissioner Gort: Midtown -- is that Midtown --? Thanks a lot, guys. Commissioner Suarez: Second. He may not accept it. I don't know. He's thinking about it. Vice Chair Carollo: I have a motion by Chairman Sarnoff. I have a second by Commissioner Suarez. Any discussion? No discussion, Commissioner Gort? Commissioner Gort: No. That's fine. Vice Chair Carollo: Hearing none, all in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion passes unanimously. Ms. Thompson: We have an appointment for a member of the Florida League of Cities. That seat is currently being held by Chair Sarnoff. Chair Sarnoff I thought -- we didn't give that -- I thought Suarez got this at --? Ms. Thompson: No. Chair Sarnoff No? Ms. Thompson: Not this one. We have Florida League and we have Dade League -- Vice Chair Carollo: Right. Ms. Thompson: -- but this one, no, we didn't. City of Miami Page 88 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: He got Dade. Chair Sarnoff Might want to do both. It makes some sense. Commissioner Dunn: Excuse me, Chair. Is this for the Florida League of Cities? Chair Sarnoff It is. Commissioner Dunn: I wouldn't mind serving on that. Chair Sarnoff You -- well -- Vice Chair Carollo: I nominate Commissioner Dunn. Commissioner Suarez: Second. Chair Sarnoff All right. We have a motion by Commissioner Carollo, second by Commissioner Suarez to nominate Commissioner Dunn as the member of the Florida League of Cities. Any discussion, gentlemen? Hearing, seeing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. Ms. Thompson: And then lastly, under BC.21, we need to appoint a member to the Miami -Dade County Tourist Development Council. That membership was held by the former District 5 Commissioner. Commissioner Dunn: Mr. Chair, I'd like to nominate Commissioner Gort. Commissioner Suarez: Second. Chair Sarnoff All right. We have a motion by Commissioner Dunn. We have a second by Commissioner Suarez for the suave, debonair, and dashing Commissioner Gort to get us tourists to the City ofMiami. Commissioner Gort: Is this the Greater Miami Convention and Visitors Bureau? Chair Sarnoff It is. Commissioner Dunn: Yeah. Chair Sarnoff It is GMCVB (Greater Miami Convention and Visitors Bureau). Commissioner Dunn: That's you. Commissioner Gort: No problem. Commissioner Dunn: That's you. Chair Sarnoff Is that -- it is the --? Ms. Thompson: No. Chair Sarnoff This is not the GMCVB. City ofMiami Page 89 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: No. No, it's not. Commissioner Gort: No. No, it's not. Commissioner Dunn: No, it's not. Ms. Thompson: This is the Tourist Development Council. Commissioner Dunn: Council. Chair Sarnoff I don't know this one. Commissioner Gort: I don't even know this one. Chair Sarnoff Do we have a GMCVB -- Ms. Thompson: Yes. Chair Sarnoff -- appoint --? Vice Chair Carollo: We have one. Chair Sarnoff That's -- Vice Chair Carollo: Commissioner Suarez. Chair Sarnoff I don't know what this one does. Commissioner Gort: We're not going by order. I won't mind the Greater Miami Convention and Visitors Bureau, but -- Commissioner Dunn: That's what I thought it was, yeah. Commissioner Gort: -- the Tourist Development Council, I don't -- Commissioner Dunn: I'll rescind that if you need me to. Commissioner Gort: Yes. Commissioner Dunn: You want me to? Commissioner Gort: Please. Chair Sarnoff Who had this last time? Ms. Thompson: Last time -- Vice Chair Carollo: District 5. Ms. Thompson: -- it was -- Commissioner Gort: District 5. Ms. Thompson: -- District 5 Commissioner. City of Miami Page 90 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Dunn: I'll rescind that motion if he doesn't want to serve on that. It's no problem. Commissioner Suarez: I'll rescind the second, I guess, then. Chair Sarnoff All right. So we're left -- do we have to fill the position? Vice Chair Carollo: No. Chair Sarnoff Okay. Vice Chair Carollo: (UNINTELLIGIBLE), you know -- Chair Sarnoff All right. So BC.21, I think we've done as much as we're going to do. Vice Chair Carollo: Yeah. Ms. Thompson: So I just want to make sure. BC. 21, appointed as chairperson of the Midtown Community Redevelopment Association [sic] -- I'm sorry, Agency, is Commissioner Suarez; Commercial Solid Waste Management Advisory Committee would be Commissioner Dunn; appointed as vice chairperson ofMidtown Community Redevelopment Agency would be Commissioner Gort; appointed as a member of the Florida League of Cities would be Commissioner Dunn. So we have left -- one board left, and that would be Miami -Dade County Tourist Development Council. Is that correct? Chair Sarnoff That's correct, Madam -- Ms. Thompson: All right. Thank you. Chair Sarnoff -- Clerk. Commissioner Gort: Mr. Manager -- I mean, sorry, Mr. Chairman. I'll reconsider the Tourist Development Council. Chair Sarnoff All right. So we have -- Commissioner Dunn -- Commissioner Dunn: I'll remake that motion. Chair Sarnoff -- I'm sure, wants to make that -- Commissioner Suarez: I'll second. Chair Sarnoff -- appointment. Commissioner Dunn: Okay. Chair Sarnoff Second by Commissioner Suarez. All in favor, gentlemen, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. We have a unanimous vote. BC.22 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 City of Miami Page 91 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 COMMUNITY REVITALIZATION TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City Manager Pedro G. Hernandez 09-00538 Memo Liberty City 02-11-10.pdf 09-00538 applications.pdf 09-00538 Liberty City Current_Members.pdf DEFERRED Chair Sarnoff Okay. BC.22. Priscilla A. Thompson (City Clerk): On BC.22, we would -- Pedro G. Hernandez (City Manager): Mr. Chairman, that's an appointment by the Manager. I would like to continue that item. My understanding is that there will be a public advertisement for applications for that trust, in essence, andl want to wait for those applications to come in before making an appointment. Chair Sarnoff All right. So we'll -- you're going to continue it to the next --? Mr. Hernandez: My -- Ms. Thompson: I think it may be April. Mr. Hernandez: Okay. That's fine. Chair Sarnoff Okay. BC.23 09-01397 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Donna Milo (Alternate Member) Janice Tarbert Guillermo A. Revuelta Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Wifredo (Willy) Gort 09-01397 PAB Memo.pdf 09-01397 PAB Current_Members.pdf 09-01397 PAB Memo 02-11-10.pdf 09-01397 PAB Current_Members 02-11-10.pdf 09-01397 PAB Applications.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 92 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0080 A motion was made by Vice Chairman Carollo, seconded by Commissioner Dunn, and was passed unanimously, to appoint Donna Milo as Alternate member, and Janice Tarbert as member of the Planning Advisory Board. A motion was made by Commissioner Gort, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Guillermo A. Revuelta as a member of the Planning Advisory Board. Chair Sarnoff BC.23. Priscilla A. Thompson (City Clerk): On BC.23, that would be appointments to your Planning Advisory Board. Andl wanted to let the Commissioners know that this is on the agenda because Vice Chair Carollo advised me that he had an individual that was already sitting on the board. Therefore, there was no need to advertise because individuals who are incumbents do not need to reapply. Commissioner Carollo. Vice Chair Carollo: Yes. I'd like to reappoint Donna Milo. Ms. Thompson: Are you reappointing her to the alternate member position? That's where she serves now. Vice Chair Carollo: Alternate member -- what's the difference? Commissioner Gort: She's good. Ms. Thompson: Okay. Vice Chair Carollo: What's that? Commissioner Gort: She's good. Vice Chair Carollo: Yeah, but -- right, right. But what's the difference between the alternate member and the regular member? I'm sorry. Ms. Thompson: As I understand it -- and the City Attorney can correct me if I'm wrong -- if they have an ab -- someone is absent and they need an individual to either make up the quorum, to break a tie or whatever, anything like that, that's when the alternate comes into play. They don't normally vote on actions, only when they are, from what understand, needed. Vice Chair Carollo: And I have a question for Madam City Attorney. If someone serves on my Planning Advisory Board for 11000, then they cannot also serve on my -- on the Zoning Board as my appointee, correct? Gail Dotson (Assistant City Attorney): That's correct. Vice Chair Carollo: Okay. I reappoint Donna Milo as the alternative [sic] member. Ms. Thompson: Thank you. Chair Sarnoff You have two nominations, don't you? City of Miami Page 93 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Right. And the -- my second nomination is waiting on the advertisement and the whole -- Chair Sarnoff Okay. So we have a motion by Commissioner Carollo for Donna Milo. Is there a second? Commissioner Suarez: There is -- Commissioner Gort: Second. Commissioner Suarez: -- I second. I just want to ask the Clerk one question. Couldl reappoint another member of my Planning Advisory Board today? I mean, there -- Ms. Thompson: If that is your wish. If they are an incumbent -- Commissioner Suarez: Yes. Ms. Thompson: -- then you can go ahead and make that reappointment. Commissioner Suarez: Who are my two board members? Ms. Thompson: Just one second. Commissioner Suarez: I thinkl want to reappoint one of them today, ifI can. Ms. Thompson: According to my records here, the District 3 Commissioner appointed Mr. Richard Fernandez and -- Commissioner Suarez: No. Mine is -- Vice Chair Carollo: District 4. Commissioner Suarez: -- Janice Talbert [sic]. She -- Ms. Thompson: I'm sorry. Commissioner Suarez: Janice Talbert [sic]. Ms. Thompson: I'm sorry. You're absolutely correct. Commissioner Suarez: Okay, Janice Talbert [sic]. I'd like to advance Janice Talbert [sic]. Ms. Thompson: District 4 -- Chair Sarnoff All right. Ms. Thompson: -- Commissioner would be Mr. Paul Mann and Ms. Janice Tarbert. Commissioner Suarez: Janice Talbert [sic]. Chair Sarnoff All right. So let's see if we can get a motion on them collectively. We have a Donna Milo and a Janice Talbert [sic]. Is there a motion? Vice Chair Carollo: So move. City of Miami Page 94 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Dunn: Second. Chair Sarnoff And we have a second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, unanimous. Ms. Thompson: And that would be -- Commissioner Gort: I have an appointment also. Chair Sarnoff Okay. Commissioner Gort: The incumbent does not need to be reappointed? Ms. Thompson: The incumbent -- Chair Sarnoff Advertised. Ms. Thompson: -- does not have to reapply. Commissioner Gort: Okay. Guillermo Revuelta. He's an incumbent. Chair Sarnoff Does anybody else want to make an incumbent nomination so maybe we can get this --? No? Okay. All right, so we have Commissioner Gort, a nomination for Guillermo Revuelta. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Any discussion? All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff All right, unanimous. Okay. City of Miami Page 95 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 DI.1 DISCUSSION ITEMS 10-00098 DISCUSSION ITEM DISCUSSION REGARDING MONTHLY UPDATES ON THE CITY'S GENERAL FUND BUDGET TO ACTUAL REVENUES AND EXPENDITURES. 10-00098 Summary Form.pdf SPONSORS:CHAIRMAN SARNOFF DEPARTMENT OF FINANCE OFFICE OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE MOTION A motion was made by Commissioner Suarez, seconded by Commissioner Gort, and was passed unanimously, establishing a budget committee to review the City's financial situation and to report back to the Commission with recommendations within 90 days. Chair Sarnoff All right. D1.1 [sic]. It is a discussion, a monthly update on the budget. Commissioner Gort: Should be interesting. Chair Sarnoff Well, we heard parts, we heard pieces. Vice Chair Carollo: For what month? November or December? Chair Sarnoff Well, let's hear. Let's hear. Wait, wait. Let him go back and put his flak jacket on. Michael Boudreaux (Director, Management & Budget): Oh, I've already put it on, Commissioner. Chair Sarnoff Okay. Mr. Boudreaux: Mike Boudreaux, director of Management and Budget. As stated earlier in the meeting, the December 2009 projections have been completed and does [sic] reflect a change from the November 2009 projection of approximately $44 million loss. Once again, I apologize for the swing, butl can explain the swing and let you understand that from this point forward the number should be consistent from the number I'm about to present for the 20 -- 2009 projection. So far for the general fund, we are projecting a loss in the general fund of $20, 880, 363. That is down from -- I'm sorry. That is down from the earlier $44 million projection, primarily as a result of two outcomes. Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Oh, you want to have colloquy, feel free. Vice Chair Carollo: Yeah, just real quick. I'm sorry. And I'm sorry, just for a secondl wasn't paying attention, so if you could give me the number again. And again, is this November 2009 or December 2009? What are we talking about? What --? Mr. Boudreaux: We are giving you an update on December 2009. City of Miami Page 96 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: Okay, so -- okay, thank you. I have no paperwork on it whatsoever. I haven't received anything so -- Chair Sarnoff Well, correct me if I'm wrong, and l just learned this just last week, so I'm not trying to have any kind of superior knowledge. We -- Pedro G. Hernandez (City Manager): And Mr. Chairman, I think it's important to let the Commissioners know that the Mayor had intended to discuss M.2, which is one of his items, together with this, and that's why that wasn't done. The briefing was not done because we were expecting him to be here then -- Vice Chair Carollo: No, Mr. Mayor -- I'm sorry, Mr. Manager. I guess what I'm trying to say is I have no -- Mr. Hernandez: No, no. Of course. You -- Vice Chair Carollo: So in other words, I'm -- you know, I'm -- Mr. Hernandez: No, I understand. You haven't seen it. Vice Chair Carollo: I can't follow anything -- Mr. Hernandez: No. Vice Chair Carollo: -- that I have -- Mr. Hernandez: Yes. Chair Sarnoff The month -- correct me if I'm wrong, Mr. Manager. The monthly expenditures, our projections, are on our Legistar or somewhere on our website, correct? Mr. Boudreaux: The November 2009 projections were released and are available online for everyone to -- Mr. Hernandez: And these will be released when? Mr. Boudreaux: The December ones have not been released yet, Chairman, but yet, they are scheduled to be released very soon. Chair Sarnoff What --? Mr. Boudreaux: What I'm giving you an update on right now is the December 2009 monthly report, which has not been released. Vice Chair Carollo: Which has not been released. Chair Sarnoff No. I got that. I understand. But now I'm going to ask a question I think he's going to ask, which is it's February what, 11 today? Mr. Boudreaux: Yes, it is. Chair Sarnoff So, I don't know, 40 days have gone by since December has occurred, the last day of December. How many days in arrears will you be before you release numbers? Mr. Boudreaux: Well, everything is dependent upon when the Finance Department is able to City of Miami Page 97 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 close out the month. Whenever the Finance Department close out the month, the Budget Department then performs its projections for which then we provide like a two -week window after we get the closing announcement from the Finance Department to have the monthly projections completed. Now, I believe, correct me if I'm wrong, Diana, the December period was closed in the middle of January. Diana Gomez: That's right. Diana Gomez, Finance director. That's correct. We did close the month of December in the -- mid -January. Usually what happens is ten business days after the month closes, that's usually on a Friday, we close the books, and then from that point forward there's about 30 day -- is a timeline that we have to issue the monthly report. So I think we closed in -- like the 17th or 18th ofJanuary, somewhere around there. Chair Sarnoff So is there a way that you could get those numbers? I don't know how many changes you would make to those numbers. Is that something you continue to scrub? Ms. Gomez: No. Once we close the month, it's -- Chair Sarnoff Okay. Ms. Gomez: -- closed and we don't -- usually do not change -- Chair Sarnoff So is there --? Ms. Gomez: -- them again unless there's a major entry that was missed and we decide jointly to open it up again and post it. Chair Sarnoff So I can anticipate 17 days after the closure of the last month of any year, the Commissioners should be privy to that past month's -- Vice Chair Carollo: No. Chair Sarnoff No. Ms. Gomez: No. You can have the report, the raw reports out of the system, but not the monthly book because it takes time for the report to get put together and the projections. They can't start their projections -- Budget can't start their projections until we've closed the actual month. Chair Sarnoff And how long does the process of getting the projections take? Ms. Gomez: To issue the report, it has normally taken somewhere between 21 days to a month, three to four weeks. Chair Sarnoff Okay. Mr. Boudreaux: But because of the urgency of trying to get this information, we have committed to a two -week turnaround after the period has been closed so that we can get the information out sooner. Chair Sarnoff Okay. Well, let me bring something up to this Commission 'cause I think the time has come. I want to appoint a committee that can tell -- of anybody you respect -- I have some people in mind thatl want to see on it -- but of anybody that you respect who can understand where we are now, where we're projected to be, what are our solutions, what are the problems and obstacles we're going to be facing, andl can tell you who I am going to put on this committee. The first person is Tom Gabriel, who happens to be a firefighter and has agreed to be on it. The second person is James Cassell (phonetic), who happens to be a bond attorney so City of Miami Page 98 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 that he would be able to discuss intelligently and maybe possibly mitigate some of the things that might be said in terms of the bond market. The third person is Arturo Ross, who happens to be an expert in union and pension issues, and the fourth person I want to put on it is a Michael Butler, who is a former chief of the New York City Fire Department. And the Mayor has asked me to put on Carlos Migoya, who is with the Beacon Council and a former CEO (Chief Executive Officer) ofAutoNation. Gentlemen, I'm going to ask you to give me these appointments as soon as quick -- as possible that you would like to see on this committee. This committee, I'm going to ask the City Manager to interact with and give them whatever documents they request. Andl would think the first time you sit down with them you'd want to have two of the last year's budgets to show trends. I want these people to be able to report back to us no later than 90 days, andl mean no later than 90 days, for any way they can foresee any solutions that could come to this Commission. I know Commissioner Carollo is especially -- would be especially attuned to doing this. The rest of us are not quite CPAs (Certified Public Accountants), butl intend on going to these meetings. The Mayor intends on going to these meetings. You know, if you think 90 days from February 15, you're really well into the fiscal year and the movements we can make are not going to be that profound, and we need to know what's facing us, you know, over the summer and then just past the summer, and you guys are in for the ride of your life when you get to see what this budget's going to look like. So I hope you would join me in at least passing a resolution authorizing a committee to at least examine this, just an advisory one, just to give us advice. No special powers. I hope the City Manager would fully cooperate with this committee so that they can give us certain solutions. Mr. Hernandez: Mr. Chairman, Commissioners, you can definitely expect that of me and my staff. Chair Sarnoff Any Commissioners wish to be heard? Commissioner Suarez: I'll move it. Commissioner Dunn: Go ahead. Vice Chair Carollo: Go ahead, Commissioner Dunn. Commissioner Dunn: Yeah. Vice Chair Carollo: I'll yield to you. Commissioner Gort: Second for discussion. Commissioner Dunn: Okay. Chair Sarnoff All right. We have a motion by Commissioner Suarez, second by Commissioner Gort. And Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Yes. I would like to add someone to that committee as well, in the personage of Carol Gardener, again, G-A-R-D-N-E-R, Gardner. Chair Sarnoff We will get with your office, phone numbers and e-mail (electronic) addresses. Commissioner Gort? Commissioner Gort: I had a question. How many members do you want on that committee? Chair Sarnoff Right now you have five, six members. Commissioner Gort: You're going to have a cap on the committee members and --? City of Miami Page 99 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff You know -- Commissioner Gort: I think you should because if you put -- Chair Sarnoff Okay. Commissioner Gort: -- too many people, it's not going to be workable. Andl will come up with a name, but not at this present time, but I'll try to get someone in expertise -- I know you mentioned banker, you mentioned bonds, and so I'll see who I can get and someone expert on budget. Chair Sarnoff Okay. Commissioner Suarez? Commissioner Suarez: I can think of a name. I can think of someone, Bob Rodriguez. Robert Rodriguez. Chair Sarnoff Okay. Commissioner Carollo? Vice Chair Carollo: Yeah, I could proffer a name, but before I do, I just want to say, here in the City ofMiami, we do have a Audit Advisory Committee. We do have a Finance Committee. So we do have committees in place. So I mean, I don't want to rain on anyone's parade, and you know, I'll go along with this, but we do have committees that, you know, are in place so, you know, I can see naming this committee just to specialize now in dealing with this issue with the budget. Commissioner Gort: It's a budget committee. Vice Chair Carollo: I understand, but you know, we do have other committees that are in place that could definitely chime in and so forth. But with that said, like I said, I'll go along with this. However, no matter how good the committee is, the bottom line is if the Commissioners don't even get the information like I have said that have not received and you're speaking about December numbers when I have November numbers and you've clearly said that they have not been issued, then what are we doing, once again? So I mean, I think, more than anything, let's start looking at procedures. Let's start seeing how we actually do things, and just -- I think a little bit of common sense will go a long ways. With that said, I proffer the name of Antonio Arguis (phonetic). Commissioner Gort: That's a good one. Chair Sarnoff He is. Okay, so we'll just wait on Commissioner Gort. We would have then nine members. Commissioner Gort: That's good. Chair Sarnoff The reason that you do this is it is actually apolitical. These people are not going to be very well known to the City. They're going to be here for 90 days, maybe 100 days. They are going to issue their recommendations. And then -- Vice Chair Carollo: I'm sorry, Mr. Chairman. I'm sorry to cut you off. Antonio Arguis [sic] was the expert witness used by the SEC (Securities and Exchange Commission) against the City back in 1996/1997. So maybe if he serves in this committee now -- Commissioner Gort: He'll be on our side. City ofMiami Page 100 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: -- there'll be some type of conflict, even though he would probably be conflicted out anyways 'cause, you know, he's part of the firm where I'm at. He's the managing partner for (UNINTELLIGIBLE) and Ferra. But that way he could still participate and not have any conflicts anywhere so -- Commissioner Gort: I have a name. Chair Sarnoff Okay. Commissioner Gort: Fausto Alvarez. Chair Sarnoff Fausto -- Commissioner Gort: Alvarez, CPA. Chair Sarnoff Alvarez? Alvarez. Okay. All right. If everybody could just do me a favor and make sure that we have cell phone numbers and e-mails for everybody. We will get this committee together. Mr. Manager, I'm going to let it run through your office. I'm going to expect you to make sure that they have convenient places to meet, they meet as often as they think they need to meet. They can select their chair or how their procedures are. I'm going to stress something very clearly to you that I think Commissioner Carollo has said very clearly. Please cooperate with them. And know you said you will, but that means -- Mr. Hernandez: Mr. Chair, that's -- Chair Sarnoff -- give them -- Mr. Hernandez: -- I think that you know that with me that would be a given. Chair Sarnoff Okay. I just don't want to hear we didn't get -- even if you give something unaudited, please give them as much information as they can, 'cause I know that I'd like to see some sort of a white paper that's going to give me some solutions. You know, we've had a long day here, gentlemen. We talked a lot of numbers. I didn't see too many rainbows in the sky, so I'm hoping that they come up with something I don't see. All right? All right. So I think we had a motion. We had a second. All in favor, please say "aye." The Commission (Collectively): Aye. [Later..] Chair Sarnoff Apparently, the Mayor has been watching our meeting very carefully and would like to state for the record that he will be the chair of the Finance Committee to look at our finances as we -- actually, I shouldn't call it the Finance Committee. Commissioner Gort: No, Budget Committee. Chair Sarnoff The Budget Committee. Commissioner Gort: The Budget Committee. Chair Sarnoff The Budget Committee. He will be the chair of the Budget Committee and will be conducting the meetings up in his chambers upstairs with the City Manager. Yes, Commissioner Gort. Commissioner Gort: You talked about the Commissioners. City of Miami Page 101 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff We just -- Commissioner Gort: It should only be one Commissioner participating in the meeting. If it's not, we'll be open to public -- Chair Sarnoff Correct. Then it will be a Sunshine problem. Right. Commissioner Gort: Yes. Chair Sarnoff But the Mayor with a Commissioner will be -- will not be a Sunshine violation. The Mayor with a Commissioner -- Am I right, Madam City Attorney? Commissioner Dunn: That's correct. Commissioner Gort: Yes. Julie O. Bru (City Attorney): This committee that you have just established -- Commissioner Gort: One Commissioner only. Chair Sarnoff Right. Ms. Bru: It is a board that's going to meet in the public because it's a board -- it's a fact finding advisory board, so it's going to have to notice the meetings. The meetings will be in the public. So it doesn't matter whether or not you, you know, wish to have the Mayor and a Commissioner or whatever 'cause it's going to be a publicly announced board and the meetings are going to be in the public. Chair Sarnoff Okay. So then, I guess by you saying that, any Commissioner is welcome to attend if it's -- Ms. Bru: Of course it'll be noticed. Chair Sarnoff -- publicly noticed? Ms. Bru: Yes. Chair Sarnoff Okay. Very good. DI.2 10-00135 DISCUSSION ITEM DISCUSSION ABOUT PROPOSED VIRGINIA KEY MASTER PLAN AND THE CURRENT DEADLINE TO HEAR RESIDENT AND CONSTITUENT COMMENTS. PROPOSED DEADLINE WAS MAY 2010. COALITION OF CITIZEN GROUPS ANTICIPATE PRESENTING TO CITY BOARDS THIS SPRING. REQUEST FOR AN EXTENSION WILL BE DISCUSSED. JUNE 2010 WILL BE PROFFERED. UPDATE ON DISCUSSIONS WILL OCCUR AT FEBRUARY 11TH, 2010 COMMISSION MEETING. 10-00135 Email.pdf City of Miami Page 102 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 SPONSOR:CHAIRMAN SARNOFF DEFERRED A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, to defer item DI. 2 to the City Commission meeting currently scheduled for July 22, 2010. Chair Sarnoff Okay. We have Virginia Key. I think this is -- I'm not absolutely sure why I'm bringing this. This is the postponement. You wanted to postpone this. Is this correct? Forgive me, I'm not the most briefed in the world on this one. Pedro G. Hernandez (City Manager): Mr. Chair, I think this is just to postpone -- Chair Sarnoff It's a cleanup. Mr. Hernandez: -- the presentation of the Virginia Key master plan from May, the date that we had set a few months back, I think to June or July, I'm sorry. July. Chair Sarnoff And this will give the opportunity for a number of groups to meet, the UM (University ofMiami) students and whatnot? Okay. Mr. Hernandez: Correct. Chair Sarnoff So you want it to be discussed no sooner than June 2010, correct? Mr. Hernandez: I think it's July. They're asking me for July. Chair Sarnoff July. All right. So I'll make -- Mr. Hernandez: Mr. Chair, we have the involvement of the historic preservation group, UM classes, UEL (Urban Environment League), et cetera, and that will give us the time to incorporate and listen to their comments, and also importantly as soon as we can, we will be doing briefings of all the Commissioners so they will be up to speed. Chair Sarnoff All right. So is there somebody who will proffer a motion to have the Virginia Key master plan brought back to this Commission -- Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff -- in July? Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. Priscilla A. Thompson (City Clerk): Chair, ifI may ask. I heard July, butt didn't hear a meeting date for July. Chair Sarnoff Second meeting in July. Ms. Thompson: Thank you. Then that would be your July 22 meeting. END OF DISCUSSION ITEMS City ofMiami Page 103 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 EXECUTIVE SESSION 2:00 P.M. ES.1 09-01110 EXECUTIVE SESSION Office of the City UNDER THE PARAMETERS OF F.S. S. 286.011(8), F.S. [2008]. THE Attorney PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING CONSOLIDATED LITIGATION CASES OF: SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), AND NADINE THEODORE V. CITY OF MIAMI, CASE NO.: 99-28417 CA 15, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN MARC DAVID SARNOFF, FRANK CAROLLO, FRANCIS SUAREZ, WIFREDO (WILLY) GORT AND RICHARD P. DUNN, II; THE CITY MANAGER, PEDRO G. HERNANDEZ; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY, WARREN BITTNER; JOSEPH SEROTA, ESQ., AND JOHN J. QUICK, ESQ. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 09-01110 Cover Memo 2-11-10.pdf 09-01110 Notice to Public 2-11-10.pdf DISCUSSED Chair Sarnoff We're back in session. On January 14, 2010, under the provisions of Section 286.011(8) Florida Statute 2009, the City Attorney requested that this Commission meet in private to discuss pending litigation in the consolidated cases of Sidney S. Wellman, Daniel [sic] Wellman versus the City ofMiami, case number 99-19523 A -- I'm sorry, CA (15) consolidated with Nadine Theodore versus the City ofMiami, case number 99-28417 CA 15, pending in the Circuit Court for the 11 th Judicial Circuit in and for Miami -Dade County, Florida. The City Commission approved the City Attorney's request and we will now, at approximately 2: 30 p.m., commence a private attorney -client session under the parameters of Florida Statute Section 286.011(8) 2009. The private attorney -client session will conclude at approximately 3 p.m. At which time the City -- the regular City ofMiami Commission will resume. The session will be attended by the members of the City ofMiami Commission: Chairman Sarnoff, Vice Chairman Carollo, Commissioner Gort, Commissioner Suarez, and Commissioner Dunn; the City Manager, Pedro Hernandez; the City Attorney, Julie O. Bru; Deputy City Attorney, Warren Bittner; Joseph Serota, Esquire, and John J. Quick, Esquire. A certified court reporter will be City ofMiami Page 104 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 present to ensure the session is fully transcribed and the transcript will be made available to the public upon the conclusion of the litigation. We should see you all in about 40 minutes. Thank you. [Later... Chair Sarnoff We're back from our executive session. I think we left off at RE.1. Ms. Thompson: We need to close your executive session. Chair Sarnoff Oh, I'm -- how? Julie O. Bru (City Attorney): Well, the executive session is closed, and we're back -- Chair Sarnoff Thank you -- Ms. Bru: -- from the executive session. Chair Sarnoff -- Madam City Attorney. Ms. Thompson: Thank you. Chair Sarnoff We're now closed, Madam Clerk. Ms. Thompson: You're right, just the executive session. Thank you. Chair Sarnoff Okay. END OF EXECUTIVE SESSION City of Miami Page 105 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 PART B Chair Sarnoff All right. PZ.I was a time certain, Mr. Manager. I think you wanted to get that in. Pedro G. Hernandez (City Manager): Thank you, Mr. Chairman. Chair Sarnoff Do I have to open the -- Madam Clerk, you want to help me with this? Priscilla A. Thompson (City Clerk): Yes, sir, because we have to open up the PZ (Planning & Zoning) section. If anyone is going to be testifying on the PZ item 1, I'll need you to take an oath. Madam City Attorney, do we --? Julie O. Bru (City Attorney): This is a modification to a previously approved Major Use Special Permit. The City ofMiami is the applicant. Anyone that's going to be testifying, please let the Clerk know so you can be sworn in, or just stand up and you can be sworn in by the Clerk at this time. Ms. Thompson: Andl need to make sure that any and everyone who is a lobbyist has registered, please, with our office. And that if you're going to speak, I do need to make sure you have filled out a speaker sheet. So if you're going to be testing, I need you to please stand and raise your right hand. The City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. Ms. Thompson: Thank you. PZ.1 09-00141mm RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO THE PREVIOUSLY APPROVED MIAMI BALLPARK MAJOR USE SPECIAL PERMIT, PURSUANT TO ARTICLES 13, 17 AND 22 OF ZONING ORDINANCE NO. 11000, AS AMENDED, TO BE LOCATED AT APPROXIMATELY 1501 NORTHWEST 3RD STREET, 1350 NORTHWEST 4TH STREET, 1390 AND 1680 NORTHWEST 5TH STREET, 1380 AND 1610 NORTHWEST 6TH STREET, AND 1600 NORTHWEST 7TH STREET, MIAMI, FLORIDA; TO MODIFY THE MAJOR USE SPECIAL PERMIT APPROVED BY RESOLUTION NO. 09-0199, ADOPTED APRIL 23, 2009, AS FOLLOWS: 1) TO REDUCE THE ACCESSORY RETAIL SPACE OF THE PARKING GARAGE ALONG NORTHWEST 7TH STREET FROM APPROXIMATELY 61,678 SQUARE FEET TO 53,629 SQUARE FEET; 2) TO PROVIDE 5,735 OFF-STREET PARKING SPACES (4,831 PARKING SPACES IN THE PARKING STRUCTURE AND 905 PARKING SPACES ON SURFACE LOTS AS INTERIM SPACES), INSTEAD OF THE 5,809 OFF-STREET PARKING SPACES; 3) TO INCREASE IN HEIGHT THE PARKING GARAGE STRUCTURE ON TRACT "A" FROM 47 FEET, ZERO (0) INCHES, TO 63 FEET, ONE (1) INCH AND TO INCREASE IN HEIGHT THE PARKING GARAGE STRUCTURE ON TRACT "D" FROM 54 FEET, ZERO (0) INCHES, TO 73 FEET, 10 INCHES; 4) TO ALLOW A SIXTY PERCENT (60%) ROOF STRUCTURE COVERAGE WITH PHOTOVOLTAIC ARRAY SYSTEMS; 5) TO ALLOW A CITY OF MIAMI COMMUNICATION ANTENNA TOWER 30 TO 45 FEET HIGH, MOUNTED ON THE ROOF TOP OF ONE OF THE GARAGE City ofMiami Page 106 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 BUILDINGS, SUBJECT TO THE REQUIREMENTS AND LIMITATIONS OF THE ZONING ORDINANCE, OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; AND 6) TO ALLOW EDUCATIONAL USES FOR THE GARAGE LINERS AS AN ALTERNATIVE USE, OR TO OFFER MIXED -USE GARAGE LINERS WITH THE APPROVED RESIDENTIAL USES, PROVIDING FOR CERTAIN FLOOR AREA RATIO ("FAR"); CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-00141mm Analysis.pdf 09-00141mm Zoning Map.pdf 09-00141mm Aerial Map.pdf 09-00141mm PAB Reso.pdf 09-00141mm School Board Concurrency.pdf 09-00141mm CC Legislation (Version 2).pdf 09-00141mm ExhibitA.pdf 09-00141mm Exhibit B.pdf 09-00141mm CC 02-11-10 Fact Sheet.pdf 09-00141mm Outside Binder Cover.pdf 09-00141mm Inside Binder Cover.pdf 09-00141mm Table of Contents. pdf 09-00141mm Section A. Tab 1. Letter of Intent.pdf 09-00141mm Section A. Tab 2. Major Use Special Permit Application.pdf 09-00141mm Section A. Tab 3. Zoning Division Analysis for Public Hearing.pdf 09-00141mm Section A. Tab 3a. Original Zoning Analysis for Miami Ballpark MUSP.pdf 09-00141mm Section A. Tab 3b. Resolution Approving Miami Ballpark MUSP.pdf 09-00141mm Section A. Tab 4. Legal Description.pdf 09-00141mm Section A. Tab 5. Miami Zoning Atlas & Comprehensive Neighborhood Plan Maps.pi 09-00141mm Section A. Tab 6. Project Data Sheet.pdf 09-00141mm Section A. Tab 7. Miami -Dade County Property Appraiser Print -Outs & Deeds.pdf 09-00141mm Section A. Tab 8. List of Property Owners within 500 Feet of Property.pdf 09-00141mm Section A. Tab 9. School Board Cuncurrency Management System Form.pdf 09-00141mm Section A. Tab 10. Project Description Information per Ordinance 11000.pdf 09-00141mm Section A. Tab 11. Sufficiency Letters.pdf 09-00141mm Section B. Design Development Plans.pdf LOCATION: Approximately 1501 NW 3rd Street, 1350 NW 4th Street, 1390 and 1680 NW 5th Street, 1380 and 1610 NW 6th Street, and 1600 NW 7th Street [Commissioner Frank Carollo - District 3] APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of City of Miami FINDING(S): PLANNING DEPARTMENT: Recommends approval with conditions*. PLANNING ADVISORY BOARD: Recommended approval with conditions* to City Commission on January 20, 2010 by a vote of 7-0. *See supporting documentation. PURPOSE: This will allow the Substantial Modification to the previously approved Major Use Special Permit for the Miami Ballpark project. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. City of Miami Page 107 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0058 Chair Sarnoff All right. PZ.1. Roberto Lavernia (Chief of Land Development, Planning): For the record, Roberto Lavernia, with the Planning Department. PZ.1 is a substantial modification to the previously approved Major Use under resolution R-09-199 for the parking garages around the Marlin -- Miami ballpark. There is a substantial modification because some of the modification on those plans trigger substantial modification. They are adding also other amendment that do not trigger substantial modification. It was presented to PAB (Planning Advisory Board) and recommended for approval 7-0; the Planning Department has recommended approval, subject to several conditions that I'm going to read for the records [sic]. Develop the approach to the stadium along Northwest 15th Avenue. Paving material and sidewalk treatments should be consistent with the rest of the proposal; b) provide dimension of all walkways, curb cuts, drive aisles, and cross sections illustrating the sidewalk width and arrangement; c) incorporate enhancing [sic] crosswalks and other treatments to provide safety for pedestrians and define major pedestrian crossing; d) pedestrian sidewalk is encouraged to remain at a consistent height throughout the site. This is especially important across the entrance and exit driveway to the garage where there will be heavy pedestrian traffic. All vehicles shall rise to the sidewalk level with ramping beginning at the outer edge of the curb, with the ramp slope beginning [sic] at the maximum allowed by Public Works; e) include the use of a stabilized base structure for the surface parking lots in order to maintain these areas as green space, when not in use; f) provide on -street parking along Northwest 3rd Street as a benefit to resident and to provide additional parking for the stadium during game times; g) provide updated floor plan drawings to illustrate the five bay segments and window opening as proposed on the elevations and renderings; h) the proposed art display screens in multiple colors as illustrated are not to be placed on the building. This facade shall be treated identical to the others, including the textured panel insets. Additional, verift, with the Zoning Department the application for the proposed advertising screens. In addition, any advertisement shall be subject to review by the Planning Department; i) provide material samples or precedent photographs of the screening material proposed along the ground floor of the garage facing the stadium and residential neighborhood. The Planning Department general discourage the use of metal grillwork, unless exceptional in nature. It is necessary, especially at the ground floor, to screen view for car, lights, and mechanical equipment. Provide option for other architectural treatment or landscaping; j) develop way to obscure views of car, lighting, and mechanical system within the garage. Orient lighting and other necessary systems in a way that is not easily seen from the street or neighborhood [sic] property; k) design the lighting system for the rooftop parking level in a way to minimize glare or spillover to neighborhood [sic] residential properties. Indicate how this will be accomplished; 1) paving pattern design and materials shall be consistent between the garage and stadium, as illustrated in the December 8, 2008 Miami Ballpark Conceptual Landscape Plan. Incorporate additional treatment to the road way, if possible, that will continue the pattern across vehicular areas; m) specify the species and proposed location for all trees and palms shown on the landscape plan; n) continue to develop the interim green space, along Northwest 3rd Street, into useable linear park. Additional landscaping is suggested. Please provide updated landscaping information; o) condition above are reverent [sic] exclusively to substantial modification to the previous approved Major Use Special Permit for the Miami Ballpark project in the parking garage, in consequence, all conditions imposed to the previously approved Major Use different to this development order are valid and in full force. Thank you. The architect is here -- Chair Sarnoff Just hold -- Mr. Lavernia: -- and ready to answer any questions. Chair Sarnoff Before anybody presents, I want to make sure Commissioner Carollo is out here. City of Miami Page 108 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 All right, this -- we're going to be in recess for five minutes. [Later... Pedro G. Hernandez (City Manager): Mr. Chairman. Chair Sarnoff Yes, sir, you're recognized. Mr. Hernandez: Mr. Lavernia already put the item on the record. Do you want him to restate it or do you --? Chair Sarnoff No. I know Commissioner Carollo was listening in his chambers, so -- Mr. Hernandez: Okay. Chair Sarnoff -- you didn't -- shouldn't have to do it. Mr. Hernandez: And I believe that we have now a representatives from Leo Daly, who is the designing firm working for the City. Maybe Mr. Llanes can provide a brief graphical indication as to what the changes are. Chair Sarnoff Go ahead, you can take us through it briefly. Rolando Llanes: Okay. Thank you, and good morning. Chair Sarnoff State your name for the record and your address. Mr. Llanes: My name is Rolando Llanes, with offices at 8323 Northwest 12th Street, in the city of Dora I am a design consultant with -- the name of my firm is Civica. I'm a design consultant with Leo Daly on this project. And I'm happy to take you through -- there are six technical items that are part of the application as were read into the record by Mr. Lavernia, and can quickly take you through those six items. IfI may, I'll sort of use the mike to do that. The first one is essentially an adjustment that's been made to the retail square footage in the buildings. As you know, as you're familiar with, I'm sure, the -- and this -- we can use this as a way of illustrating it. I hope everyone can see it. Chair Sarnoff We can see it. Mr. Llanes: Okay. This is the ballpark proper, as you can see here; Northwest 7th on the north; Northwest 3rd Street on the South; 17th, 16th, 15th bisecting the site, and 14th Avenue on the east side. But basically, the project is composed, as you know, of the ballpark proper, the four garages which we refer to as P1, P2 on the north, P3 and 4 on the south, and a series of surface lots that basically surround the project. As I mentioned (UNINTELLIGIBLE) the first item, no particular order, there's an adjustment in square footage from the original approval of 61, 000 plus square feet of retail. The new number is approximately 53,000 square feet of retail. And the main reason for that reduction comes in P1 and 2, where we inserted for operational reasons and also for sort of creating a more pro -pedestrian -friendly environment two breezeways that connect Northwest 7th on the north through the interior workings of the garages internally on P1 and 2. So when do you that -- also expanding the loading areas to be more consistent with the requirements of the, you know, current codes, et cetera. That also happened actually in all four cases, but particularly affected PI and 2, so that resulted in that net reduction of square footage. The other items that I'll go through, the second issue -- and, again, in no particular order -- there's a height increase that is being contemplated which really only affects -- and this drawing down here is probably the best way to illustrate that, and we can go back to the site plan in a second for other items. But there are photovoltaic panels that are City of Miami Page 109 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 being considered to be located now in the center component of each of the four garages. Those photovoltaic panels are basically held up by a structure that occurs in which you see, for example, in this particular case. This is P2, so this is the east garage on Northwest 7th. This is the periphery of P2 here. And the yellow is the piece that we're actually increasing in height, and it increases depending on which garage you're looking at between 16 and 19 additional feet. And what that means is that it's essentially a superstructure that goes up beyond the level of the deck, on top of which you put the photovoltaic panels, and in addition to that, there's then a parapet wall that is built around that to protect the photovoltaic panels from wind and so on. That occurs in every single garage, but the height increase varies between 16 and 19 feet. In addition to that, we also looked again at the height of retail on P1, 2, and 3, which is the three garages that have retail on the ground floor, and bumped up the retail height there to ensure the greater flexibility of the retail spaces and future tenants and so on. That, in and of itself, was a very minor increase. The larger increase had to do with the photovoltaic panel structure which, if you look at it from the street, it's not really perceptible because it is basically a complete parking bay in from the periphery of the building. That's the second item. We also had a -- another item was the installation of a -- the antenna, the telecommunications antenna that the -- these are all items that were required to be obviously addressed as the -- Chair Sarnoff Well, tell you what, let me see if there's anyone from the public that wishes to be heard on this item. Is there anyone from the public --? Mariano Cruz: Yeah, me. Chair Sarnoff Mr. Cruz, you're -- why don't you take that one right there. You're recognized for the record, Mr. Cruz. Please state your name and address. Mr. Cruz: Mariano Cruz, 1227 Northwest 26 Street, Miami, Florida 33142-7639. Make sure you get that nine -digit ZIP (Zone Improvement Plan) Code. Make sure, okay. You know what, I am in favor of the changes, mainly -- you know why? Because I see Rolando Llanes here. I know him for many years when he was working with our neighborhood trying to save the Bobby Maduro Miami Stadium with different charrettes. We went to (UNINTELLIGIBLE), and he did a really good job trying to -- but the City at the time needed the money, so they sold the property. They sold a lot of property at the time, you know. But I know that when he's involved in something, he does -- he's very qualified professional andl listen to him andl like what he say. I am in favor of the change of zoning there. Thank you. Chair Sarnoff Thank you, Mr. Cruz. Anyone else from the public wishing to be heard on PZ.1 ? Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Is there a resolution -- is there a -- Vice Chair Carollo: A motion. Chair Sarnoff -- motion? Thank you. Vice Chair Carollo: I make a motion. Commissioner Suarez: I'll make -- Chair Sarnoff All right. Commissioner Suarez: -- I'll second the motion with just one item, one quick thing for discussion. Chair Sarnoff All right, motion by Commissioner Carollo, second by Commissioner Suarez. Commissioner Suarez, you're recognized for the record. City of Miami Page 110 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Suarez: I just wanted to put on the record that I had requested of the City Attorney that she look into whether any of the changes that we're going to make here violates any of the agreements with our other partners? Vice Chair Carollo: No. Commissioner Suarez: And she issued an opinion stating that these changes do not violate any of the other agreements that we have with any of our other partners in this deal, and l just wanted to put that on the record so the other Commissioners understood. And that's all. Chair Sarnoff All right. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Commissioner Dunn is recognized for the record. Commissioner Dunn: Thank you. I wanted to ask the Manager have we thought about possibly adding another antenna that might, perhaps, be an opportunity to produce some revenue? Cell phones -- Pedro G. Hernandez (City Manager): Commissioner, you're referring to an antenna that would be a revenue producer to the City? Commissioner Dunn: Yes. Mr. Hernandez: We haven't thought about it; however, we are allowing our own GSA (General Service Administration) antenna so it's possible that we could have another antenna if, when we have a solicitation, we bring it before the City Commission for your blessing. With respect to the MUSP (Major Use Special Permit), if we allow this GSA antenna, do we have -- and we wanted to do another one, do we have to come back? I don't think so, but I would like to have -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Carollo. Mr. Hernandez: I -- Vice Chair Carollo: Oh. I just saw them -- I just -- Mr. Hernandez: -- they're saying that if I have a second antenna and you sort of put that as an amendment to this MUSP, that it would be okay if the opportunity ever becomes available in the future, even though it's subject to the individual approval of the City Commission. Commissioner Dunn: I would like to, ifI may -- Chair Sarnoff Amend? Commissioner Dunn: Yes, because -- Chair Sarnoff Is it --? Commissioner Dunn: -- I understand that the -- I know it's -- I understand the County building, Stephen P. Clark, has antennas that we're paying for and they're revenue -producing. City of Miami Page 111 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Does the seconder accept the amendment, Commissioner Suarez? Commissioner Suarez: Yes, I will accept the -- Chair Sarnoff All right. Commissioner Suarez: -- amendment. Chair Sarnoff Thank you. Commissioner Suarez: Sorry. Chair Sarnoff Commissioner Gort, you're recognized for the record. Commissioner Gort: I apologize because I have never seen the -- I'm in agreement with the MUSP. I don't any problem with that. But want to ask him a question. On the commercial sides, what kind of use is going to be in the commercial? 'Cause I haven't had any information yet, and I wish they'd send me some of the -- the agreement. If you could send me a copy of the agreement, I'd like to have it 'cause I don't have it. Mr. Llanes: Well, there are all kinds of uses; that it could be retail, restaurant, shops, or -- Commissioner Gort: It's going to be fully commercial? Mr. Llanes: Yes. Commissioner Gort: Okay. Mr. Llanes: Yeah. Chair Sarnoff Well, part of your MUSP, correct me if I'm wrong, changes for a charter school. Am I wrong on that? Mr. Llanes: Right. On Northwest 3rd -- Commissioner Gort: Yeah. Mr. Llanes: -- it adds the -- Chair Sarnoff As a use? Mr. Llanes: As a use, exactly. Chair Sarnoff Okay. Commissioner Gort: The use -- Chair Sarnoff Right. Commissioner Gort: -- charter school. Chair Sarnoff Commissioner Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. I just want to simply say that I like that way of thinking, Commissioner Dunn. I like that way of thinking. That's the proper way of obtaining City of Miami Page 112 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 revenues and not what we faced a few minutes ago. But anyways, I like that way of thinking, so - Commissioner Dunn: Thank you. Vice Chair Carollo: Good job. Commissioner Gort: I'd like to see if the agreement allows the City to get the funds. Vice Chair Carollo: Well, there's -- at least it's an idea out there. Commissioner Gort: Yeah. It's a great idea. Vice Chair Carollo: At least now we could explore it, so -- Commissioner Gort: Super. Vice Chair Carollo: -- I like that, I like that. So that was it. I'm ready to vote. Chair Sarnoff All right, so let's call the question. PZ.1 is a resolution. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff Unanimous, Madam -- Vice Chair Carollo: As amended? Chair Sarnoff As amended, Madam City -- Priscilla A. Thompson (City Clerk): Correct. So noted. Chair Sarnoff All right. So, gentlemen, we're recessing for lunch. We will come back. We have a 2 o'clock executive session. See you then. END OF PLANNING AND ZONING ITEM(S) City of Miami Page 113 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 M.1 MAYOR AND COMMISSIONER'S ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO 10-00106 DISCUSSION ITEM DISCUSSION CONCERNING THE TAX ABATEMENTS OWED TO CITY OF MIAMI BUSINESSES. 10-00106 Memo.pdf 10-00106 Legal Opinion.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right. We're going to go back now -- first we're going to announce, I believe, Mr. City Manager, thatM.1, M.2, M.3, let's just defer it till the end of the Commission meeting because there's a good chance the Mayor may come back. Fair enough? Pedro G. Hernandez (City Manager): Right. My understanding is, as you all know that the Mayor went to Washington and he's been held up because of the snow storms, and -- we're not sure yet whether he may make it to the meeting. Andl was asked, on his behalf, to ask for a deferral of items M.1, M.2, and M.3. However, Mr. Chairman, if you want to just, you know, pass on them and leave them towards the end, we can also do so. Chair Sarnoff Let's do that 'cause I think there's a 50-50 chance he'll make it here. All right. Mr. Hernandez: Thank you. [Later...] Chair Sarnoff I think that's it for this agenda, gentlemen. Am I correct? Priscilla A. Thompson (City Clerk): IfI might, Chair. Earlier today you were asking that the Mayor's item [sic] be tabled to the end of the meeting. Chair Sarnoff So we need to continue the Mayor's items to the next regularly scheduled Commission meeting? Do I need a motion for that? Ms. Thompson: Thank you. Yes. Commissioner Suarez: Second. Chair Sarnoff I have a motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Commissioner Suarez: Motion to adjourn the regular meeting. Chair Sarnoff Motion to adjourn, but we're going to have a CRA (Community Redevelopment Agency) meeting. City of Miami Page 114 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Suarez: Right, but we can adjourn -- we have to adjourn this meeting, right? Chair Sarnoff Yeah. We will -- Motion to adjourn by Commissioner Suarez, second by Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, so do you guys want a five-minute break? Vice Chair Carollo: Yes. But I'm going to have to leave, Chairman Sarnoff. I thought the meeting was going to start at 5 and end, you know, around 6, 6:30. I have an appointment that I have to go -- with one of the local media channels, so I will be exiting. Chair Sarnoff What station can we watch you on? Vice Chair Carollo: 41. Chair Sarnoff Okay. Chair Sarnoff All right. Five minutes, gentlemen. M.2 10-00134 DISCUSSION ITEM DISCUSSION CONCERNING THE 2009-2010 BUDGET AS A FOLLOW-UP TO THE DISCUSSION THAT TRANSPIRED AT THE JANUARY 28, 2010 COMMISSION MEETING. 10-00134 Memo.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: For minutes related to Item M.2, see Item M.1. M.3 10-00108 ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2 /ARTICLE XI/ DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS, COMMITTEES, COMMISSIONS/MAYOR'S INTERNATIONAL COUNCIL," MORE PARTICULARLY BY AMENDING SECTIONS 2-922 AND 2-923 TO MAINTAIN A SEPARATE, NON-PROFIT 501(C)(3) CORPORATION AND PROVIDE FOR THE MAYOR TO SERVE AS THE CHAIR OF THE COUNCIL; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00108 Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: For minutes related to Item M.3, see Item M.1. END OF CITYWIDE ITEMS City of Miami Page 115 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 D1.1 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT 10-00125 DISCUSSION ITEM DISCUSSION REGARDING CONSTRUCTION SITES THAT ARE SITTING IDLE AND SCARRED BY CONSTRUCTION ACTIVITY THAT HAVE SINCE STOPPED, AND THE NEED TO REGULATE AND ENHANCE THE CONDITIONS OF THESE PROPERTIES. 10-00125 Email.pdf MOTION A motion was made by Commissioner Gort, seconded by Commissioner Dunn, and was passed unanimously, to grant the City Attorney's Office the authority to file lawsuits on a case -by -case basis in consultation with the City Manager against idle construction properties that may pose hazards to the public. Chair Sarnoff All right, moving on. I think we're at D1, and that's Commissioner Gort. And this is an item I think that I really want to take my hats off to you on. It's you. Commissioner Gort: Talking about vacant lots. I received a lot of phone calls about all this new construction that were going to take places throughout the different neighborhoods. They dig for the foundation, but unfortunate, the -- because of the financial crisis, they were stopped. This is a nuisance in all our neighborhoods. It not only that people can fall into and damage themself [sic] and hurt themselves [sic], but at the same time it looks bad for the neighborhood. So I would like to have some -- I don't know if we need a resolution or an ordinance where we can have to make sure that they're gated to ensure that no one can go into -- no trespassing take place and somehow be beautified Not just -- if they have the chain link fences, I believe they have -- they can use -- Chair Sarnoff Mesh. Commissioner Gort: -- canvases to surround it to make it a little more attractive. Bill Anido (Assistant City Manager): Do you want to --? Chair Sarnoff Mr. Anido, just state your name for the record. Mr. Anido: Bill Anido, assistant City Manager. It is a very serious condition that we're facing. There are eight major sites at this point that have been abandoned. They have all been cited. They're going through the Code enforcement process. We're working with the City Attorney's Office to see how we can expedite the action on correcting this problem. Victoria, would you like to say anything about this as far as --? Julie O. Bru (City Attorney): Well, we're looking at all available regulations that we have in place. The one that fits most closely seems to be the unfit -- unsafe structure regulation, as long as there is some kind of either pilings or some kind of construction, some kind of structure on the property; or through the building process, if their permit has been expired. But we're working closely with the Administration to look and see what measures we can adopt or the ones that we currently have, how can we enforce it. Chair Sarnoff Isn't -- we did this once before when I first came on the Commission. Andl was told -- we happen to have -- in Coconut Grove, we have two building -- two homes that have City of Miami Page 116 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 been under construction for 14 years. Now, that's a long time to live next to a construction site. And think what we were told was so long as they push the dirt and get an inspection every six months, that they're good to go. They -- we can't do anything about it. Mr. Anido: Mr. Chairman, that is not the case on the eight sites that I mentioned. They have been abandoned. There's no work going on. They've been cited, every single one of them. One of the problems is -- the permits have expired, as a matter of fact. The problems in some cases is there's no fencing. In others, there's standing water, which is not only a safety but also a health hazard. So we are working with the City Attorney to see how we can put more teeth into the City's tools as far as enforcing the filling of -- the backfilling of the sites, the removal of the rebar sticking out and so forth. If the City were to backfill that, if we had the money to do so, then of course they -- we would be filing a special lien against the property unfortunately. Chair Sarnoff Can I give you -- Mr. Anido: It becomes a funding issue. Chair Sarnoff -- a potential solution for those of you that don't see this great big pile of rubble right downtown formally known as the Miami Arena? I mean, there is a lot of dirt and fill there to cover quite a few people's vacant -- well, I don't know what you want to call it -- dug in, foundational properties. Would somebody from the Administration attempt to address --? And he, by the way, has a number of Code enforcement liens against him. Andl think I'm right on that, Mr. Guadix. Is that correct? Miami Arena? Commissioner Gort: The old Miami Arena. Sergio Guadix (Chief of Code Enforcement): Yes. That's correct. Chair Sarnoff So it -- Mr. Guadix: That's correct, Mr. Chairman. Chair Sarnoff And I'm not trying to work a deal, but -- maybe I am trying to work a deal. Is there a way of getting some of his pile out of downtown so that other people's holes can be filled up and maybe that's a quid pro quo that could be entered into as a form or a means of mitigation? Mr. Anido: The issue becomes one of funding. We would still need to move the dirt into the sites, so it's an expensive proposition. We could do so and then lien the property, but we would need that funding in place right now. Chair Sarnoff Is there any -- Mr. Manager, is there any program money from CDBG (Community Development Block Grant) that would take blight away from the neighborhood? 'Cause I think that's as big a blight as you'll get. Mr. Hernandez: Mr. Chair, I'll work with George Mensah to see what can be identified so we can take proactive actions. I was just talking to Sergio here on the side and he was telling me that we can do many things; that it's a question of actually funding. So we can do fences or get into a property and cut the overgrowth or board that up or even demolish it. But I think that with CDBG and maybe possibly even stimulus, we may be able to attack some of these problems. Chair Sarnoff Well, you know, it's -- I think what Commissioner Gort's saying there's really three kinds of property; one that's a hole that you're going to fall into and hurt yourself -- Mr. Hernandez: Yes. City of Miami Page 117 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff -- andl think that should be remediated as soon as possible. The second is an unsightly piece of property that I think would come under a whole different category, which I think Code Enforcement's more than able to handle. Mr. Hernandez: Right. Chair Sarnoff And the third is if we can get them to beautify it as a park. We all know I've kind of championed that and didn't get very far in some respects, and in some respects, got a permanent park out of it. But I think we should take care of the holes right now, and I think Commissioner Gort's -- Mr. Hernandez: Agree. Chair Sarnoff -- you know, extremely astute in what he's saying, and more importantly, there's this huge pile of rubble downtown that it seems like there -- you know, what do they say, for every bride there's a groom? Mr. Hernandez: Yeah. However, I'm quite sure that that pile has a certain value, right, as fill? Mr. Anido: Yes. Mr. Hernandez: So -- Chair Sarnoff Well, and -- but if -- but he's getting -- there should be a running fine against him now. Mr. Hernandez: Exactly. We need to put some leverage on him to be able to get it out, and if he's going to get it out and, he doesn't have a place, there are holes that we happen to have. Chair Sarnoff Okay. So let me ask -- 'cause I want to make sure Commissioner Gort is comfortable with this -- what about a hole? Are we legislatively there? Do we have every bow that we need in the quiver to --? Ms. Bru: What would ask the Commission is -- as you know, the City Attorney can only file lawsuits that have been authorized -- you can grant to our office the authority to file lawsuits seeking injunctive relief. For example, you're talking about the holes. Now those are not structures, so we can't prosecute those through an unsafe structure proceeding because it's just a vacant lot with a hole in it, but it's an attractive nuisance, it's a nuisance. So we can seek some sort of injunctive relief under a nuisance theory. So if you want to just delegate to us the authority to file lawsuits on a case -by -case basis based on consultation with the Manager, we can do that so that we don't have to come back to you for each property. Commissioner Gort: So move. Ms. Bru: So we have injunctive relief available. We have nuisance theory available, and we have the unsafe structure proceedings available. Chair Sarnoff All right. We have a motion by Commissioner Gort to so designate that. We have a second by Commissioner Dunn. Any discussion, gentlemen? All right, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Thank you. But are we legislatively -- do we need to do anything further City of Miami Page 118 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 legislatively? Are you making recommendations to us that there is a hole somewhere? Ms. Bru: Not at this point. Chair Sarnoff Okay. Ms. Bru: And talking about the hole, that really seems to be the only one that we don't have -- other than our common law actions on nuisance, but I don't think we need anymore laws. We just need to enforce the ones we have. Chair Sarnoff Okay. Vice Chair Carollo: Amen. Chair Sarnoff Thank you. Commissioner Gort, you satisfied? Okay. Commissioner Gort: Thank you. END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 09-01296 DISCUSSION ITEM VISUAL PARK INITIATIVE - POSSIBLE ENHANCEMENT DISCUSSION ABOUT CHAIRMAN SARNOFF'S VISUAL PARK INITIATIVE AND IT'S GOAL TO CREATE TEMPORARY VISUAL PARKS IN APPROPRIATE LOCATIONS THROUGHOUT THE CITY OF MIAMI. FLORIDA STATUTES 193.501 (1), (3) A. PROVIDE DETAIL AND INFORMATION ON CONSERVATION EASEMENTS THAT WOULD BENEFIT MUNICIPALITIES AND PROPERTY OWNERS. FS 193.501 CURRENTLY REQUIRES A CONSERVATION EASEMENT OF NOT LESS THAN TEN (10) YEARS. DISCUSSION ABOUT A RESOLUTION REQUESTING THE FLORIDA LEGISLATURE TO REDUCE TEN (10) YEARS TO PERHAPS FOUR (4) TO FIVE (5) YEARS. DISCUSSION ABOUT STEPS TO STIMULATE THE VISUAL PARK INITIATIVE PROGRAM. DISCUSSION ABOUT THE CITY OF MIAMI'S ABILITY TO BUY APPROPRIATE SITES WHILE REAL ESTATE PRICES ARE REPUTEDLY LOW. 09-01296 Email 1-28-10.pdf WITHDRAWN Chair Sarnoff All right. I'm going to waive my District 2 blue pages. District 3 has none. District 4 has none. D2.2 09-01297 DISCUSSION ITEM City of Miami Page 119 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 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 WITHDRAWN Note for the Record: For minutes related to Item D2.2, see Item D2.1. D2.3 10-00022 DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT'. CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JANUARY 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00022 Email.pdf WITHDRAWN Note for the Record: For minutes related to Item D2.3, see Item D2.1. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ City of Miami Page 120 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN II D5.1 10-00136 DISCUSSION ITEM DISCUSSION PERTAINING TO RETURNING THE CHAIRMANSHIP OF THE SEOPW/OMNI TO THE DISTRICT 5 COMMISSIONER. 10-00136 Email.pdf This matter was. PASSED. A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed, with Commissioner Dunn voting no, to bifurcate the chairmanship of the Southeast Overtown/Park West and Omni Redevelopment District Community Redevelopment Agencies; designating Commissioner Dunn as the chairman of the Southeast Overtown/Park West Community Redevelopment Agency and designating Chair Sarnoff as the chairman of the Omni Redevelopment District Community Redevelopment Agency. A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, and was passed, with Chair Sarnoff voting no, to revisit the bifurcation of the chairmanship to determine it's efficacy at the Commission meeting currently scheduled for April 22, 2010. Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: Thank you, Mr. Chair. I wanted to take this opportunity to discuss the matter with my colleagues regarding that a motion be proffered to make me chair of the SEOPW (Southeast Overtown/Park West)/Omni CRA (Community Redevelopment Agency). When the decision was made back in December, there was no Commissioner in either District 5 or District 1. So I or anyone else who would have assumed the District 5 seat are now being penalized because of that vacancy. Why do I say penalized? Penalized because District 5 had no representation when the chairmanship was being considered. Historically, the position has resided with the District 5 Commissioner almost from its inception. In fact, when a similar situation occurred, like the one with Commissioner -- former Commissioner Miller Dawkins back in 1996 -- andl do have -- and I'll put this for the record -- Exhibit A -- Commissioner Gort, you were part of that Commission. It was moved by former Mayor Joe Carollo that serve as the chair of that -- of the Overtown SEOPW/Omni CRA. I don't know ifI need to submit that, butl just wanted to show that, for the record, this was done back in 1996. So I have a long experience of not only chairing the CRA, but I have a long history of being involved in the community. I'm sensitive to the needs of the community, particularly in Overtown. I live, I eat, I sleep in Overtown. When the lights are off many others go into their various enclaves. I live right in the area. I have relatives in Overtown. I have church colleagues in Overtown. I've ministered in Overtown. I've served in Overtown. And so, I believe that it only would make, in the sense of fairness, that the chair of CRA would send a message to this community from you, my colleagues, that we want to do things right. We constantly talk about District 5 as being -- and it is -- the poorest district in the City. We constantly talk about the needs of District 5, and they're great. But oftentime [sic], when it comes down to doing the right thing and the fair thing, we tend sometimes to deviate. And so, I believe that this would only be the right thing to do. And additionally, I understand that you, Chairman Sarnoff have done -- you got a great love for this city. That's why you serve as chair of this Commission. I also understand that you're doing a great job as chair of the DDA (Downtown Development Authority). I'm simply asking that you help me in relieving the chairman of some of the burden of trying to carry yet another chairmanship in an organization that has been traditionally chaired by the District 5 City of Miami Page 121 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner. District 5 now has a Commissioner. How long? We don't know. But at least for today, we do have one. I really appreciate you, Commissioner Sarnoff, wanting to take on the added duties of District 5 while the seat was vacant but, again, we now have that. Chair Sarnoff All right. Let me -- I guess I should address this. First and foremost, the Omni CRA resides entirely in District 2. I could argue with you -- I will not -- that the Southeast Overtown/Park West is predominantly funded by Park West, which it is. I'm not vying for you or against you for Southeast Overtown/Park West. And while there may be a history of Southeast Overtown/Park West and Omni being chaired simultaneously, it is a history that I don't think the City ofMiami should necessarily be extremely proud of. For instance, former Commissioner Dawkins served from 5 --May 11, 1995 to September 12, 1996, whereupon he was arrested, indicted, and convicted. That left that to former Commissioner Hernandez, Humberto Hernandez, who served from February 20, 1997 to January 13, 1998, where he was arrested, indicted, and convicted. Former Commissioner Teele served from January 13, 1998 to October 14, 2004, where he was arrested, indicted by two different governmental agencies. Former Commissioner Winton served from 10/14/2004 to June 20, 2006, where he was arrested, he was informed, and then he pleaded guilty to a misdemeanor. Former Commissioner Spence -Jones served from 6/21/2006 to November 13, 2009, where she's been informed against. She has been arrested, and she is now awaiting her trial. The historic background of the CRAs are not histories that are becoming to the City ofMiami. In Southeast Overtown/Park West, $57, 255, 426 has been spent there. I would find it difficult to find those $57 million. We may have a different philosophy and outlook, andl think we would. I'm a jobs guy. I -- all want to do is give a person an opportunity to work. Andl will always tell you this, Commissioner. There's two kinds of people in Miami; those who work for a living and those who talk about working for a living. And there's a lot of people in Miami that talk about working for a living. I'm more than glad to give them the opportunity to demonstrate that they're going to work for a living. I may see things a little differently than you. For instance, for the Lyric Theater to work, for the 3rdAvenue shops to work, you've got to create a generator of jobs. You've got to create a density of people. Won't be done playing small ball. It will be done playing big ball. It will be done when you put something in that neighborhood that can generate a significant amount of jobs. I'm not talking hundreds; I'm talking thousands of jobs. I'm not going to argue against you for the Southeast Overtown/Park West CRA. But the history of joining these two CRAs should come to an end tonight. The history of how these CRAs have been governed is that everyone who's ever chaired them has been arrested, has been indicted, and has been found guilty of something. Commissioner Dunn: Well, guess what, Mr. Chairman? I'm going to break that curse so -- Applause. Commissioner Dunn: -- I plan -- Chair Sarnoff And Commissioner, there's nothing wrong with you being the chairman of the Southeast Overtown/Park West CRA, and there's nothing inappropriate about a CRA that is self-contained in my district completely, being the chairman of the Omni CRA. Commissioner Dunn: Andl don't want to argue because I do want to work along with this Commission, but I wish that sometimes you would listen to the comments that you've just made. The implications are horrific. They can be taken in many different ways. Let me tell you how I take it. I take it as disrespectful. I take it as demeaning. I take it as condescending. I take it as paternalistic. I take it as suggesting that anyone from District 5, whether it be Richard Dunn or whoever, is incapable of serving as chair. That's how I take that. Chair Sarnoff Well, it wasn't intended that way, Commissioner, because ifI look at this list just read, two of them came from District 2, and they didn't do -- fare any better in terms of how City ofMiami Page 122 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 they did there either. You know, I'm trying to change a business -as -usual attitude, and I'm trying to create a significant generator ofjobs in the CRAs 'cause that is what is capable in the City of Miami of putting money towards enticing employment, enticing employers into the City ofMiami. My statement to you about who has served there is just a factual statement. That is factually what happened. I'm not fighting you over the Southeast Overtown/Park West CRA, but there is nothing wrong with me chairing a CRA that is totally in my district. And that is how I feel about it. Andl don't know if we can debate this further. I -- nothing have I said hope would ever offend you. I have never tried to offend you. I do not find myself to be an offensive person. I do tend to state the facts, and the facts are exactly what they were. I may see things differently than you, and I'm sure that do. You should see things differently than me because we represent very different ideologies and somewhere we find consensus in how to do things. Commissioner Dunn: Let me just -- and this is, again, for the record. All meeting long, this meeting and the last meeting, your whole theme -- andl support -- has been fiscal responsibility. We are in a crisis in the City ofMiami, and to split the chairmanship at this point will increase, will add to the burden of the finances of the City. It is now, I believe, under 5 percent with one chair, but if you split it and you -- you're really creating a divided, I believe, in my estimation, city. And there's an old saying -- a biblical saying that a house divided upon [sic] itself cannot stand. And so I just -- I'm going to work with you, but I -- you're going to work with me as well because there's some things that, from experience -- I believe I represent, by the grace of God, many individuals who, in Overtown -- we have Ms. Jeanne Westfall [sic] here today and she'll speak later -- I had the privilege of last week in attending a graduation for the Miami Dade College Hospitality Institute that was started, by the way, by former Commissioner Spence -Jones. Andl think we ought to give her an applause for that because she really -- that's a wonderful program. Applause. Commissioner Dunn: You talk about job creation in the area of hospitality, the hotel industry is the number -one industry in South Florida, in Miami. Andl was moved to tears because I saw individuals who I see all the time who've attended my parish, who've gone through ups and downs, and even myself. I am a testimony that if a person is given a second chance, that you can make it. And that's what we're dealing with at large. Andl believe you have some great ideas. I'm not going to -- andl give you credit for being keenly astute on many of the issues. But believe that we just need to be consistent if we're going to talk about -- Is this just about doing what we believe is best or is it about you having chairmanship and control of yet another entity in our city? Chair Sarnoff Well, let me just close this discussion between you andl by saying there would be no additional expense because it would be the exact same staff that would be representing the CRAs. What I may foresee for the Omni CRA, I would hope would be something that we can work on together with regard to the Southeast Overtown/Park West CRA. But, you know, just because something has been done in the City ofMiami in the past doesn't mean it should be continued into the future. If, for no other reason, not everything we've done in the past has been all that good, andl am only trying to represent my district. And everyone in the Omni votes in my district. Everyone in the Omni pays their TIF (Tax Increment Fund) revenue in my district. I'm not arguing with you over the Southeast Overtown/Park West. You're more than entitled to be that chairman. I'd certainly like to, you know, suggest to you why you need a larger capacity of employer, but I think you get it nonetheless. But I just think it's appropriate for the district Commissioner to be the chairman of a CRA totally in that district. Commissioner Dunn: It's just unprecedented. I would like to take it to a motion, Mr. Chair. Chair Sarnoff That's fine. City ofMiami Page 123 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Gort: Let me ask a question. Mr. Chairman? Chair Sarnoff Go ahead. Commissioner Gort: My understanding is you have two different CRAs. Am I correct? Chair Sarnoff That's correct. Commissioner Gort: The chairperson chairs the meetings and brings idea, but it's all of us working as a team -- Commissioner Dunn: Yes. Commissioner Gort: -- that's going to make it work on either one of -- I believe the -- one of the Commissioners feels so strong on being the chairperson on certain CRA, like the Overtown, the Park West/Overtown, I don't have any problem because we are the one that's committed to work with you, with him, and to her because we, a new Commission in here -- you're correct, we have new ideas. A lot of the things in the past did not work, but we're going to come up with some new ideas, andl think we should give him an opportunity to show himself and maybe change the facts that you've presented today. So if you don't mind that, I wouldn't mind making a motion and giving him chairmanship for the Park West/Overtown. Can that -- using the same staff. Chair Sarnoff And I don't -- so -- understood. So there's a motion by Commissioner Gort. Is there a second? Commissioner Suarez: Yeah. IfI understand the motion correctly, what are we -- what did you move, that --? Commissioner Gort: You're creating two chairmans [sic]. Commissioner Suarez: Right. That's fine. I second the motion to bifurcate the chairmanship so that Chairman Sarnoff can be the chairman of Omni and Commissioner Dunn can be the chairman of Southeast Overtown/Park West, correct? I second that motion. Chair Sarnoff All right. Commissioner Suarez: 'Cause you're -- okay. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Suarez. Any further discussion, gentlemen? Vice Chair Carollo: Yes. Chair Sarnoff Commissioner Carollo, you're recognized. Vice Chair Carollo: Yes. I want to make sure what the motion is. If someone can repeat the motion so I -- so we're all clear what the motion is? Chair Sarnoff Well, I believe Commissioner Gort said that he would move the Southeast Overtown/Park West CRA to Commissioner Dunn, leaving the Omni CRA in -- with the present chair, which is myself. Vice Chair Carollo: So there -- it will actually be broken up where there's going to be two chairmans [sic] and Commissioner Dunn will be the chairman of one and you will be the chairman of the other one? City of Miami Page 124 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff Correct. Commissioner Gort: And -- Vice Chair Carollo: Okay. Commissioner Gort: -- to add to it, it's going to be the same people voting on the issues. It's going to be the same staff working on the issues, and we have a commitment to make sure the CRAs work because it'll be to our benefit. Vice Chair Carollo: And we'll have three CRAs? Midtown, also? Chair Sarnoff Midtown, you'll find -- Vice Chair Carollo: So we're going to have three CRAs? Chair Sarnoff Right. Commissioner Gort: Yeah. And I'm willing to give up my chairmanship in the Midtown CRA. So anybody that wants it, they're welcome to have it. I mean, I have enough. Okay. Chair Sarnoff All right. Commissioner Dunn: Mr. Chair. I just want -- just one last -- so I understand that there will be no additional cost? Chair Sarnoff There's no additional cost. Commissioner Dunn: All right. Chair Sarnoff All right. So we'll call the question. All in favor of the motion, please say "aye." Commissioner Suarez: Aye. Commissioner Gort: Aye. Vice Chair Carollo: Aye. Chair Sarnoff Aye. Any opposed? Commissioner Dunn: Nay. Chair Sarnoff Okay, one opposed. All right. D5 (District 5) -- Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Yes, sir. You're recognized for the record. Vice Chair Carollo: I just want to know --I thought that we will all agree on this, and I'm just -- ifI may ask Commissioner Dunn why he voted no, 'cause I thought we were all going to agree on this. I thought it was a compromise, so that's why, you know -- ifI may, I'd just like to ask my colleague what his thoughts are. Commissioner Dunn: Well, it's just -- Vice Chair, it's just -- I mean, we're deviating -from what City of Miami Page 125 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 we've done in the past, and I just believe it sends the wrong message to the community as a large -- as a whole. And so that's basically -- and you know, I -- it has to come a time that we are consistent with our walk and our talk as relates particularly to District 5. I understand the Chairman's desire, as all of our desires are to represent our respective districts, but it's just a -- andl know everything has to change at some point. I'm open to change. We talked about it. I am open to change, butt just think -- at this particular time, I just don't believe it's the right message to send. Vice Chair Carollo: Mr. Chairman, can we then do this as a pilot program, so to speak, maybe for a couple of months and then maybe have this discussion again, brought back in a couple of months or so? Let's see how it work out -- how it works out. Chair Sarnoff I think you can always bring a new motion up -- Commissioner Gort: You can bring it back. Vice Chair Carollo: Right, but instead of just any time bringing it up, can we --? I don't want to say a certain date, but can we, you know, maybe set a timeframe where we know in a couple months we will discuss this again? Chair Sarnoff Just bring a motion. Vice Chair Carollo: Okay. Commissioner Dunn: Okay. Vice Chair Carollo: Oh, make the motion? Commissioner Dunn: That's fine. Chair Sarnoff What's your motion? Vice Chair Carollo: My motion is that on the last meeting in April -- or would it be the first in May? -- we bring this back again for a discussion item in order to see how it's worked out and should we make a different motion and should we, you know, combine the CRAs once again? Chair Sarnoff All right. Commissioner Dunn: That's fair, Mr. Chair. Chair Sarnoff That's your motion. Is there a second? Commissioner Dunn: Second. Chair Sarnoff We have a second. Any further discussion, gentlemen? All in favor, please say "aye." Commissioner Dunn: Aye. Commissioner Gort: Aye. Vice Chair Carollo: Aye. Commissioner Suarez: Aye. City of Miami Page 126 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Chair Sarnoff All right. All opposed? Nay. All right, so it'll come back. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. Am I recording you as a nay? Chair Sarnoff Yes. Ms. Thompson: Thank you. Vice Chair Carollo: Just trying to make sure you don't go to jail. I mean -- Chair Sarnoff What's that? Vice Chair Carollo: -- just keeping you out ofjail, keeping everybody out ofjail. D5.2 09-01058a DISCUSSION ITEM UPDATE ON CURLY'S HOUSE SITE IN LIBERTY CITY TO FACILITATE A SENIOR CITIZENS FEEDING PROGRAM. 09-01058a Email.pdf DISCUSSED Chair Sarnoff All right. So D5.2. Commissioner Dunn: I'm going to ask, Mr. Chair, that the person from Community Development come forward Pedro G. Hernandez (City Manager): This is a discussion item on -- update on Curley's House site in Liberty City to facilitate a senior citizen's feeding program. George Mensah. George. George Mensah: George Mensah, director of Community Development. As you know, this site was previously owned by a private entity. The City ofMiami provided them funding, and they didn't pay us back so we went to court and took the property back. And the previous Commissioner gave -- wanted us to convey the property to an entity for elderly feeding. So we started doing the due diligence on the entity and we asked for financial for the entity and realized that the current entity currently doesn't have the finances to be able to pay the taxes that are on the property. So what we're currently doing is that we're waiting for them to be able to get emergency financials to be able to pay for the taxes and everything before we discuss the issue again. So this is where we are. Commissioner Dunn: Is there anyone that wants to speak to that from Curley's House? Are you in agreement? Laverne Holliday: Good afternoon, Commissioners. My name's Laverne Holliday, assistant director of Curley's House of Style, and this is Laverne -- Laverne Scott: Laverne Scott, Curley's House also. Priscilla A. Thompson (City Clerk): I am so sorry, Chair, but I'm not hearing the names or anything. Is the mike --? Chair Sarnoff Commissioner, are you asking on a blue page item to have public hearing? Commissioner Dunn: Pardon me? I'm sorry. Chair Sarnoff Are you asking on a blue page item to have a public hearing? City ofMiami Page 127 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Commissioner Dunn: Well, basically, I wanted them to just respond. I guess what -- Chair Sarnoff So you want a public hearing? Commissioner Dunn: Yes. I want them -- Chair Sarnoff You're asking for a public hearing? Commissioner Dunn: Yes. Chair Sarnoff Okay. Commissioner Dunn: It's for the record, yes. Thank you, Mr. Chair. Chair Sarnoff Can you state your name for the record. Ms. Holliday: Laverne Holliday, assistant director of Curley's House of Style. Chair Sarnoff And can you give us an address? Ms. Scott: Laverne -- okay. Ms. Holliday: 6025 Northwest 6th Court, Miami, Florida 33127. Ms. Scott: Laverne Eli Scott, Curley's House, same address. Ms. Holliday: Okay. In reference to what Director Mensah said, we are working diligently right now and we're in the process of getting the taxes paid on that property and also getting a proposal to present to the Community Development about what we're able to do to sustain ourselves. So as far as this was supposed to be information -- Commissioner Dunn: Yes. Ms. Holliday: I'm saying -- we're letting you know that we are working -- Commissioner Dunn: Okay. Ms. Holliday: -- to make sure that we get the proper -- Commissioner Dunn: And you understand all the restrictions that they're -- that Community Development is requesting in terms of being able to show that you're able to maintain the facility? Ms. Scott: Yes. We understand all of that. Commissioner Dunn: Okay. Ms. Holliday: Yes. Commissioner Dunn: Thank you. Ms. Holliday: And we're working to make that happen. Commissioner Dunn: Thank you so much. Chair Sarnoff All right. Any further discussion? All right. City of Miami Page 128 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 END OF DISTRICT 5 City of Miami Page 129 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 NA.1 10-00162 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE UNITED STATES AGENCY OF INTERNATIONAL DEVELOPMENT ("USAID") TO RECOGNIZE THE CITY OF MIAMI DEPARTMENT OF FIRE RESCUE'S URBAN SEARCH AND RESCUE TEAM, FLORIDA TASK FORCE 2, AS AN ACTIVE SEARCH AND RESCUE TASK FORCE WITHIN USAID'S OFFICE OF UNITED STATES FOREIGN DISASTER ASSISTANCE; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN; DIRECTING THE CITY OF MIAMI'S FEDERAL LOBBYISTS TO ADVOCATE FOR THE ACTION STATED HEREIN AND TO INCLUDE THIS REQUEST AS PART OF THE 2010 FEDERAL LEGISLATIVE PACKAGE. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0045 Vice Chair Carollo: Mr. Chairman, as a point of order -- point of privilege -- Commissioners, if I may, I'm going to do a quick pocket item. It's with regards to the Urban Search and Rescue Teams [sic], so I thought it would be appropriate to do it now. Although, for the most part, yes, pocket items are at the end -- Commissioner Gort: Okay. Vice Chair Carollo: -- but you know, hey -- you know -- Commissioner Gort: It's your (UNINTET,T IGIBT ,F). Vice Chair Carollo: -- we set precedence last meeting, so I thought it would be appropriate. But anyways, a resolution of the City ofMiami Commission urging that the Unites States Agency of International Development to recognize the City ofMiami Department of Fire Rescue's Urban Search and Rescue Team, Florida Task Force 2, as an active search and rescue task force within the USAIDS's (Unites States Agency of International Development) office of the United States Foreign Disaster Assistance; directing the City Clerk to transmit a copy of this resolution to the officials designated herein; directing the City of Miami's federal lobbyists to advocate for the actions stated herein and to include this request as part of the 2010 federal legislative package. That's my motion. Commissioner Gort: So moved. Commissioner Dunn: Second. Chair Sarnoff Motion and a second. All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff And it passes. Vice Chair Carollo: And thank you, Commissioners. Thank you, Mr. Chairman. Chair Sarnoff Duly noted that we now know how to take our pocket items. City ofMiami Page 130 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 Vice Chair Carollo: There you go. NA.2 10-00164 DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING PLACING EMPLOYEE SUGGESTION BOXES REGARDING THE UPCOMING BUDGET IN EVERY DEPARTMENT IN THE CITY. DISCUSSED Direction by Commissioner Gort to the City Manager to place employee suggestion boxes in every department in the City to allow employees to share ideas regarding budget savings in their individual departments. Commissioner Gort: Mr. Chairman? Chair Sarnoff Yes, sir. Mr. -- Commissioner Gort, you're recognized. Commissioner Gort: Let me ask you a question. This might seem like pennies solution, but I would like to ask the Manager, if possible, ask all of the directors of different departments if they could have a suggestion box where the employees can come up with ideas how they can reduce the budget. Let the employees put it in a box what they believe that can be done in their department to save money. Pedro G. Hernandez (City Manager): Commissioner, we'll have them up by Monday. Commissioner Gort: Thank you. Is that okay, Mr. Chairman? Chair Sarnoff I'm sorry, Commissioner Gort? Commissioner Gort: I requested that each director -- department place a suggestion box asking employees to come up with ideas how to save money in their departments. Chair Sarnoff Do you want that by resolution or you want it just an instruction? Commissioner Gort: Do we need a resolution? I don't think we need a resolution. Chair Sarnoff Okay. You're okay with doing that, right? Mr. Hernandez: I just said that we'll have them up -- Chair Sarnoff I'm sorry. Mr. Hernandez: -- by Monday. Commissioner Gort: Super. Chair Sarnoff Okay. Commissioner Gort: Great. Chair Sarnoff All right. Commissioner Gort: You'll be surprised by the ideas that come up. Motion to Adjourn City of Miami Page 131 Printed on 2/24/2010 City Commission Meeting Minutes February 11, 2010 A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to adjourn today's meeting. City of Miami Page 132 Printed on 2/24/2010