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HomeMy WebLinkAboutCC 2010-03-11 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, March 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 Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes March 11, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...1 iefers to discussions that were interrupted and later continued. City of Miami Page 2 Printed on 3/22/2011 City Commission Meeting Minutes March 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 llth day of March 2010, the City Commission of the City of Miami, 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 9:25 a.m, recessed at 12:01 p.m., reconvened at 2:11 p.m., recessed at 5:12 p.m., reconvened at 5:29 p.m., recessed at 6: 46 p.m., reconvened at 7: 02 p.m., and adjourned at 7:13 p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos Migoya, City Manager Priscilla A. Thompson, City Clerk Chair Sarnoff We're going to have Commissioner Gort lead us in the pledge of allegiance. We're going to have Commissioner Suarez lead us in a prayer. Pledge of allegiance and invocation delivered. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00267 MAYORAL VETOES PRESENTATION Honoree Presenter Protocol Item Paul Naron Chairman Commendation and Shell Sarnoff Lumber Company 10-00267 Protocol.pdf 1. Chair Sarnoff recognized young professionals in the Chambers for their participation in Leadership Miami. This program prepares the next generation of Miamians to meet future challenges through lectures, seminars and small group discussions and leadership skills exercises to address vital issues affecting Miami -Dade County. 2. Chair Sarnoff presented Certificates of Appreciation to individuals and companies for their leadership and generosity in providing humanitarian aid and assistance to Haiti Earthquake Relief Efforts. 3. Mayor Regal ado presented a proclamation to the Bicycle Action Committee observing March 2010 as Miami Bicycle Action Month. Chair Sarnoff All right. We're going to start with the protocol items. Presentations made. NO MAYORAL VETOES Chair Sarnoff. All right. Why don't we do --? I'm going to try to take this somewhat organized, Mr. Mayor, 'cause I want to try to get you as complete as possible. Why don't we do the Personal Appearance because I think you're going to want to hear that? And then well do your items. Okay. So DI (Discussion) -- City of Miami Page 3 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Priscilla A. Thompson (City Clerk): Chair, ifI may -- Chair Sarnoff Yes, ma'am. Ms. Thompson: -- ask? Procedurally, you still have to -- Vice Chair Carollo: Mayoral vetoes. Ms. Thompson: -- deal with your mayoral -- Chair Sarnoff Oh, I'm sorry. Have there been -- Mr. Manager, have there been any mayoral vetoes? Ms. Thompson: Actually, I will answer -- Chair Sarnoff Oh, you'll answer. I apologize. Ms. Thompson: -- that one for him. No, there are no mayoral vetoes. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, to APPROVE PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff Anything -- any other business we need to take up? Priscilla A. Thompson (City Clerk): The minutes. Vice Chair Carollo: Yes. Chair Sarnoff Okay. Is there a motion for the minutes? Vice Chair Carollo: So move. Chair Sarnoff Is --? All right, we have a second by Commissioner Dunn, moved by Commissioner -- Vice -- by the Vice Chair. Any discussion, gentlemen? Vice Chair Carollo: And the minutes for January 26, January 28, and February 11. Ms. Thompson: Thank you. Chair Sarnoff All right. That motion include -- seconder understand? City of Miami Page 4 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Yes. Chair Sarnoff All right. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Any other issues? Ms. Thompson: That's it. Thank you very much. Chair Sarnoff Okay. City of Miami Page 5 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Order of the Day Chair Sarnoff. First off, welcome everybody to the March 11, 2010 Commission meeting. We have a number of protocol items we're going to go through, but I'd like to start the meeting off by first welcoming everybody and then having the City Attorney do her opening comments as to what she needs, and welcoming the City Manager, who I have not had the opportunity to serve on this plane before. I guess you're the navigator, right? Carlos A. Migoya (City Manager): As long as you're the pilot, I'm all right. Chair Sarnoff. All right. So why don't we start with the City Attorney. We'll go directly into protocol items, and then we're going to have -- we're going to jump a little bit here and there to try to get through some things that -- we'll afford the Mayor the opportunity to speak first, give him the chance to take his business before the Commission. And we will also announce any deferrals, continuances so that folks who are sitting here don't have to sit here the whole day. So Madam City Attorney. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Madam City Clerk, members of the public, and Mr. Manager. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. The material for each item on the agenda is available during business hours and at the City Clerk's office and online at www.miamigov.com. Anyone wishing to appeal any decision made by the Commission for any matter considered at this meeting may need a verbatim record of the item. No cell phones or other noise -making devices. Please turn those off now. Any person who makes offensive remarks or who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. Any person with a disability who requires auxiliary aids or services for this meeting, please notify the City Clerk. Chair Sarnoff All right. Ms. Bru: Thank you. Chair Sarnoff. Thank you, Madam City Attorney. ['Later...J" Chair Sarnoff All right. First, let's start out with -- any other Commissioners have any proclamations, anything they wish to bring? All right. Are there any issues that the City Manager wishes to continue or advise this Board that we're not going to be hearing today? Mr. Migoya: Mr. Chairman, we'd like to withdraw CA.3. Chair Sarnoff CA.3. Mr. Migoya: CA.3. Chair Sarnoff I understood that M.1 and M.2, Mr. Mayor, would not be discussed or is that accurate? Mayor Tomas Regalado: M2, Mr. Chairman, will be discussed. Chair Sarnoff M2. Mayor Regalado: M.1, I have a statement to make. City of Miami Page 6 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff Okay, so we will hear M.1 and 2. I intend on continuing FR.2. FR.2 is on page 14, and that will be continued, Madam Clerk, to April -- I think it's April 8. Priscilla A. Thompson (City Clerk): Thank you. Chair Sarnoff. Okay. We don't need to do a motion for that? Or do we need to do a motion? Ms. Thompson: Yes. Chair Sarnoff All right. Is there a motion to con --? Ms. Thompson: But if you want to wait and do all of your withdrawals, whatever, whatever, we can do them all collectively. Chair Sarnoff All right. Is there anything else that the Manager or any of the Commissioners wish to either withdraw, continue, defer? Go ahead, you're recognized for the record, Reverend Dunn -- Commissioner Dunn. I apologize. Commissioner Dunn: Okay. I would like to defer RE.1 and RE.2 simply due to the fact that I've not received any information on it. Yes. Chair Sarnoff Just getting my RE (Resolution) pages. Hang on. Okay. Ms. Thompson: Do we have a date when you want to hear it again? Because with a deferral -- Commissioner Dunn: Yes. Ms. Thompson: -- we need a date certain. Commissioner Dunn: As soon as possible we can put it on the agenda whenever the next available time. Chair Sarnoff Next agenda? Commissioner Dunn: Next agenda will be fine. Chair Sarnoff So that would be the March 25? Ms. Thompson: That's correct. Chair Sarnoff. All right, so we have March 25 for RE.1 and 2. We have a [sicJ April 8 for FR.2. CA.3 was withdrawn? Ms. Thompson: Yes. Chair Sarnoff. Okay, withdrawn. Any other issues that the Commissioners wish to address? Can I get a motion then? Vice Chair Carollo: So move. Chair Sarnoff Is there a second? Commissioner Suarez: Second. Commissioner Dunn: Second. City of Miami Page 7 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff All right, we have a motion and a second. Any discussion? Hearing none, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right, unanimous. [Later...]" Chair Sarnoff Madam Clerk, I think you wanted to ask a question of everyone? Ms. Thompson: Yes. In an effort to try and save some money, we need to find out if there are any individuals who are remaining for the rest of the agenda and meeting, if you will be needing a Spanish or Creole interpreter? If not, then we'll be able to dismiss our interpreters. So is anyone here that's going to be speaking, do you need a Spanish or Creole interpreter? The City Clerk's comments were translated by Spanish interpreter Paul Seligmann. Chair Sarnoff All right. Ms. Thompson: Thank you. Chair Sarnoff Thank you, Madam Clerk. City of Miami Page 8 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 CA.1 10-00171 Department of Police CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ACCEPT FUNDS, IN AN AMOUNT NOT TO EXCEED $70,000, AS REIMBURSEMENT FOR COSTS ASSOCIATED WITH OVERTIME WORK PROVIDED BY MEMBERS OF THE CITY OF MIAMI POLICE DEPARTMENT FELONY APPREHENSION TEAM ASSIGNED TO ASSIST THE UNITED STATES MARSHALS SERVICE, PURSUANT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE UNITED STATES MARSHALS SERVICE AND THE CITY OF MIAMI POLICE DEPARTMENT FOR FISCAL YEAR 2010; AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID REIMBURSEMENT FUNDS. 10-00171 Legislation.pdf 10-00171 Summary Form.pdf 10-00171 FY'10 MOU.pdf 10-00171 FY'08 MOU.pdf 10-00171 MOU.pdf 10-00171-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0092 CA.2 RESOLUTION 10-00172 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING FUNDING OF THE "DO THE RIGHT THING" PROGRAM, IN THE AMOUNT NOT TO EXCEED $113,026; ALLOCATING FUNDS FROM THE LAW ENFORCEMENT TRUST FUND, AWARD NO. 1169, PROJECT NUMBER 19-690001; ACCOUNT CODE NO. 12500.191602.883000.0000, WITH SUCH EXPENDITURES HAVING BEEN APPROVED BY THE CHIEF OF POLICE AS COMPLYING WITH SECTION 932.7055, FLORIDA STATUTES, AS AMENDED. 10-00172 Legislation.pdf 10-00172 Summary Form.pdf 10-00172 Affidavit.pdf 10-00172 Certification.pdf 10-00172 Memo.pdf 10-00172 Budget.pdf 10-00172 Program Summary.pdf 10-00172-Summary Fact Sheet.pdf This Matter was ADOPTED on the Consent Agenda. City of Miami Page 9 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 CA.3 10-00170 Department of Purchasing Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0093 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED FEBRUARY 1, 2010, PURSUANT TO INVITATION FOR BID NO. 198151, FROM ALTEC INDUSTRIES, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PROCUREMENT OF ONE (1) CHIP DUMP TRUCK FOR THE DEPARTMENT OF PUBLIC WORKS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROGRAM PROJECT NO. 352296, B-30156. 10-00170 Legislation.pdf 10-00170 Summary Form.pdf 10-00170 Award Recommendation.pdf 10-00170 Summary.pdf 10-00170 Tabulation of Bids.pdf 10-00170 Corporation Papers. pdf 10-00170 IFB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.4 10-00276 City Manager's Office RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF FOUR WEEKS ADMINISTRATIVE LEAVE AND SIX MONTHS OF EXTENDED COVERAGE UNDER THE CITY OF MIAMI'S HEALTH INSURANCE PLAN TO THE FORMER CITY MANAGER PEDRO G. HERNANDEZ AS SEVERANCE PAY. 10-00276 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0094 Adopted the Consent Agenda Motion by Commissioner Gort, seconded by Commissioner Dunn II, 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, Samoff, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff. All right, gentlemen, let's go -- Madam Clerk, is there any savings if go through the public hearings first versus going through consent agenda? City of Miami Page 10 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Priscilla A. Thompson (City Clerk): You -- okay. I can tell you that our sign language interpreter is still engaged -- Chair Sarnoff Okay. So now I'll go through -- Ms. Thompson: -- so you can -- Chair Sarnoff -- consent. Ms. Thompson: -- go right ahead. Thank you. Chair Sarnoff Thank you. All right, gentlemen, consent agenda. Any Commissioner wishing to pull any of the items -- I believe the Manager pulled CA.3 -- from the consent agenda? All right. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion? Hearing none, all in favor, please say Eye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote, Madam Clerk. City of Miami Page 11 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 PA.1 10-00175 PERSONAL APPEARANCE PRESENTATION THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT SIX WOULD LIKE TO GIVE A PRESENTATION REGARDING A GENERAL OVERVIEW AND A CONSTRUCTION UPDATE ON THE PORT OF MIAMI TUNNEL PROJECT. 10-00175 Email.pdf 10-00175-Submittal-FDOT&MAT Presentation -Port of Miami Tunnel Project.pdf 10-00175-E-mail -Jose Gonzalez -Port of Miami Tunnel Project.pdf 10-00175-PowerPoint Presentation -MAT FDOT - City of Miami Commission Presentation-FINAL.F PRESENTED Chair Sarnoff. Then let's take up DI. 3. That's on page 36, I believe. That is the person -- I'm sorry, it's the Personal Appearance. I apologize. And that would be for the issue regarding the Tunnel. There we are. And then we will take up, right after that, DI.3. Alice Bravo: Okay. Chair Sarnoff Good morning. State your name for the record. Ms. Bravo: Good morning. I'm Alice Bravo, with the Florida Department of Transportation. I'm the director of Transportation Development at District 6 and the project director for the Port of Miami Tunnel project. I'm very -- I have a PowerPoint presentation for you to give you some background on the project, and we're getting very close to the point of groundbreaking. Well, as you all may recall, this project is in partnership between the Florida Department of Transportation, the City of Miami, and Miami -Dade County. Also, we have very close involvement with the Federal Highway Administration with the use of federal funds and ultimately a TIFIA (Transportation Infrastructure Finance and Innovation Act) loan from the United States Department of Transportation. And with us today I have members of the Miami Access Tunnel team. Mr. Guillaume Dubois, representing MAT (Miami Access Tunnel), Mr. Chris Hodgkins, and Joe Falco, working on the construction side of the project. So Miami Access Tunnel team -- from the org. chart you have in front of you, on the left you see who the equity partners on the team are, and they consist ofMeridiam, who's a 90 percent equity partner; and then Bouygues Travaux Publics, the 10 percent equity partner. And on the right side of the screen you see how they will perform the work, and you have Bouygues Travaux Publics, who's the design/build contractor, and Transfield Services that will have to operate and maintain the tunnel for the 30-year operation and maintenance term. Now back in 2007 we had the Washington Economics Group conduct a study to determine the economic impact derived from the Port of Miami. And as everyone knows, there are 12th national cargo port based on containerized shipments, top seaport, cruise capital of the world, but they also handle $14.3 billion worth of imports/exports, and that results on an economic impact to this region of 176,000 direct and indirect jobs, 6.4 million in wages, 17 billion in economic output altogether. This study also provided information more specific to the City of Miami, and so the direct and indirect jobs within the City result in 17,294 jobs. And we're also expecting that during the peak of the construction of the tunnel, there'll be 400 jobs on site. Back to the economic impact on the City, we have 2.2 billion annually, with 583 million annually in labor compensation for City residents and 684 million annually in personal income for City households. So the importance of the port is longstanding, and the issue is really getting to the port. There are 26,000 vehicles a day, of which nearly 7,000 are trucks and buses that go to the port everyday through downtown streets. And by the year 2030, it was estimated that this volume would double. This is how vehicles access the port today, basically through 1st and 2ndAvenue, traveling through six or City of Miami Page 12 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 seven signals in each direction. Most ports have a direct highway access, and improving access to the port has been a longstanding need that the County and the City together have been evaluating probably since the late '70s and early '80s. In addition, the type of development that we have in this area, we have court houses, we have Miami Dade Community [sic] College. As a result, there's a lot of pedestrian traffic, which is in direct conflict with the truck traffic going through these downtown streets. So the purpose of the project was to provide a direct highway connection to the port from 1-395 via Watson Island, maintain the port as the County's second leading economic generator, and relieve congestion in downtown streets, and ultimately keep the port competitive for the future. In the '80s the Florida Department of Transportation began a study to evaluate different options to the port. Many options, both tunnel, bridge, through downtown, through the bay were evaluated, and ultimately an alignment like the one on the screen was selected, basically running a tunnel connection from Watson Island on the left to Dodge Island on the right. And this is the actual configuration that the MAT team, who was selected approximately two years ago, proposed. And the project will consist of widening the McArthur Causeway Bridge to have an additional lane in each direction and the median. There will be a reconfiguration of the roadways on Watson Island, and in red you see the tunnel that will travel under Government Cut, and then on the right resurface on Dodge Island where the roadway network will also be reconfigured to accept the tunnel. This is a profile of the tunnel. And just as a point of reference, the MAT team will be boring two tubes, each one 41 feet in diameter. In the middle you see Government Cut, the bottom of which is roughly 42 feet below sea level, and then you can see the tunnel diameter as it will bore under Government Cut. So the very bottom of the tunnel at the lowest point will be 120 feet below sea level. And this is how it will get done. This is what the tunnel boring machine looks like. And basically the front, the blue disc, will be the rotating cuttinghead; and behind it is the long machine, which is roughly the length of a football field. And this will be erected on Watson Island and lowered into a deep cavern that the MAT team will excavate and will be assembled underground, and it will progress forward and basically resurface on Watson Is -- on Dodge Island, be disassembled, and brought back for the second tunnel bore. And basically, this is how the machine works. The front of the machine is pressurized and as soil is brought into it, it'll be mixed with an added mixture that thickens it to a paste consistency, and then that soil will be brought out the end of the tunnel. And as the tunnel machine moves forward, it leaves a finished tunnel behind it. Now our agreement with the MAT team is basically a 35-year concession agreement. They are responsible for design, build, finance, and operating and maintaining this facility for 35 years. We anticipate that the construction term will probably be around 55 months. That started October 15, 2009, so they're already five months into that. Once they finish construction, which is estimated to be done around May 2014, then for the remainder of the 35-year term, they will operate and maintain the tunnel. And they will receive milestone payments during construction, roughly four milestone payments that will add up to roughly $100 million. At substantial completion of the project, they'll receive a large milestone payment of $350 million. That represents roughly two-thirds of the construction cost. The rest of the construction cost will be paid as part of annual availability payments tied into the cost of operating and maintaining the tunnel. And those payments, if the tunnel is closed excessively or closed during peak hours, there's a schedule as to how these payments are actually earned. And basically, we're paying for an open tunnel. So if it's closed excessively, the payment will be reduced from this annual payment, so they have to build a quality product in order to ensure that they will receive payment for all of the construction and O&M (Operation & Maintenance) expenses that they incur. Chair Sarnoff Have we in this region, South Florida, ever seen a contract like this? Ms. Bravo: No. The other contract that is similar to this is the one that was created for 1-595 project in Ft. Lauderdale, and it's a very similar structure, and both were initiated roughly at the same time. So the capital cost of the project: DOT (Department of Transportation) is contributing 50 percent of the capital cost, and the other 50 percent is being matched by the local partners, of which the City of Miami's contribution is $50 million at the time of closing. FDOT is responsible for the operations and maintenance for that 30-year term. And at the end City of Miami Page 13 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 of the O&M period, the tunnel will be returned to DOT by MAT in first-class condition per the contract terms. They -- the tunnel team is getting ready to start construction. You may see already some rigs out on McArthur Causeway and lane closures. They're conducting their soil exploration program at this time. But in May of this year, you'll see that they will start constructing a frontage road parallel to the eastbound lanes on McArthur Causeway. So in this diagram, to the bottom of the screen, you have the Miami Children's Museum, at the top of the screen you have Jungle Island. So basically they will construct a new frontage road and new eastbound lanes for McArthur Causeway off to the side. Once that roadway work is completed, traffic from McArthur Causeway eastbound will be shifted to that new roadway, and that's really the extent of the maintenance of traffic operations on McArthur Causeway. After that point, roughly September 2010, they will begin work in the median of McArthur Causeway, and basically that's their principal staging area, and that's where they will create the cavern to initiate the tunnel boring, and that's where they'll lower the tunnel boring machine segments and erect them. So at the point that that's ready to begin, you'll see a partial portion of the tunnel boring machine outside of the ground. And so their plan is really to work within this area between the eastbound and westbound lanes and bring the materials in and out back to the McArthur Causeway Bridge itself, so they will have minimized trucks and equipment being brought in through the general travel lanes. And so this will be the configuration until roughly March 2014. Now during this time they're required to maintain three lanes in each direction of McArthur Causeway during peak hours. As with any construction project during off-peak hours, they will be allowed temporary lanes closures. The construction of the widening of McArthur Causeway Bridge will probably require some late -night closures for the erection of beams on the bridge, but they have a full-time communications manager so in case of some type of incident or the need to contact them at any time during the day, we will have that ability. They will also have emergency response with Road Rangers to take care of any incidents and make sure traffic continues flowing. And with that we anticipate the opening of the tunnel to be in May 2014, and that's my presentation. So I'll gladly take any questions you might have. Chair Sarnoff Sure. Any of the Commissioners have any questions? Commissioner Gort. Commissioner Gort: I'd like to ask, my understanding is the County -- Priscilla A. Thompson (City Clerk): I'm sorry. Commissioner Gort, we don't have your microphone. Commissioner Gort: Somebody turned it off. Ms. Thompson: Thank you. Commissioner Gort: Thank you. My understanding, the County's paying 50 percent or almost 40 percent of the project. Do you have the debt service, how they're going to --? Ms. Bravo: The major portion of their contribution, I think, comes from the hundred million general obligation bond that they sold several years ago. Commissioner Gort: Right. Ms. Bravo: I'm not familiar with the financing terms of that. Commissioner Gort: The -- any idea what the charges are going to be for the people that work at the port? My understanding, the people that work and visit the port will have to pay it going in and going out. Ms. Bravo: Right. At this time there are no tolls planned for either the tunnel or the port bridge. As part of the project, we structured a geotechnical reserve. As we begin boring the tunnel, City of Miami Page 14 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 we've established the baseline of the soil conditions to be encountered. If the conditions encountered deviate from that significantly, then there's a geotechnical reserve that is paid for 50 percent by the DOT, 50 percent by the County. And basically, that reserve provides for $150 million of overruns. The County, at some point, depending how deep we get into that reserve, may have to contemplate a toll, but based on the conditions we have, that's not anticipated at this time. Commissioner Gort: So at this time you do not anticipate any tolls for the people that go in and out of the port -- Ms. Bravo: That -- Commissioner Gort: -- or that work at the port? Ms. Bravo: Correct. Commissioner Gort: Okay. 'Cause you need to clam that because it's a lot of rumors going around, and I think it's very important people know how we're going to pay for it. Ms. Bravo: Yes. Commissioner Gort: Thank you. Ms. Bravo: And basically, that geotechnical reserve, the portion that the County's responsible for, they will ultimately be paid for out of port revenues. So as long as they could substantiate that from their port budget, then there will be no need for a toll. Commissioner Gort: And the projection is that this tunnel will increase the traffic for the port? Ms. Bravo: Well, this will improve access to the port. Most ports have a direct highway connection. Commissioner Gort: Right. Ms. Bravo: And this is a major port, and the connection goes through downtown and residential areas. I understand that there's an intersection where a building was repeatedly hit by a truck as the trucks turn in that location, and I think the City bought it and demolished it. So the original goal for improving access to the port began, I think, in 1982, and it was a three -stage process. Commissioner Gort: Yeah. It goes way back. Ms. Bravo: First, it was improving the streets, 1st and 2ndAvenue; second was the construction of the port bridge; and ultimately, it was always envisioned that there would be a direct highway connection. Commissioner Gort: Okay. Thank you. Chair Sarnoff Any other Commissioners? Can you discuss something that has -- 'cause I think this is one of the most unique contacts I've ever seen. What happens to cost overruns? Ms. Bravo: Well, basically, since the contractor is responsible for designing and building, there's no one to blame. There -- normal cost overruns are a result of either design errors or unknown conditions. And with the design/build aspect of the contract, basically, they're responsible for both ends of that, so they -- Bouyges Travaux, as the design/build contractor, has hired designers, and basically, it's -- everything is their responsibility. The biggest unknown was City of Miami Page 15 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 the geotechnical conditions, so as a result, we conducted an exploration program with over 80 borings along the tunnel alignment and established the baseline. And basically, our conditions here are fairly homogeneous in that they're limestone with sand, and so it's really unlikely that they're going to encounter a condition very different from that. Chair Sarnoff In the event there was a $50 million cost overrun, who would that be borne by? Ms. Bravo: Well, there's a structure developed into our MOU (Memorandum of Understanding) for that, and there would be cost -sharing between the DOT and the County. Chair Sarnoff Okay. So it wouldn't cost the City? Ms. Bravo: No. The City's contribution is capped, unless, of course, the City requests a change or -- Commissioner Gort: No, it's not going to happen. Ms. Bravo: -- initiates a request. Chair Sarnoff So if any of the Commissioners here start talking about color choices, give us a call. Ms. Bravo: Will do. Chair Sarnoff Any other -- any questions, Commissioner? All right. Thank you very much. City of Miami Page 16 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 PUBLIC HEARINGS PH.1 RESOLUTION 10-00173 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING Works VEHICULAR ACCESS TO A PORTION OF AN "L" SHAPED PUBLIC ALLEY LOCATED BETWEEN NORTHEAST 34TH STREET AND NORTHEAST 35TH STREET FROM APPROXIMATELY 450 FEET EAST OF BISCAYNE BOULEVARD TO ITS INTERSECTION WITH NORTHEAST 35TH STREET, MIAMI, FLORIDA, SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 10-00173 Legislation.pdf 10-00173 Summary Form.pdf 10-00173 Memo of NOPH.pdf 10-00173 NOPH.pdf 10-00173 Map.pdf 10-00173-Submittal-Photographs. pdf 10-00173-Submittal-Kathryn Reid Kassner.pdf 10-00173-Submittal-Commissioner Sarnoff.pdf 10-00173-Submittal-Richard Strell-Signatures for Petition Regarding Alley. pdf Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0095 Chair Sarnoff All right. We will then go to the SR.1. You'll let me know when the sign language agenda [sic] --? Priscilla A. Thompson (City Clerk): Yes. But you do have some other PIs [sic]. Chair Sarnoff PIs [sic]. Ms. Thompson: I'm sorry, public hearings. Chair Sarnoff Won't they all require --? Ms. Thompson: No. The ones requiring your sign language interpreter would be -- Chair Sarnoff PH.4 and S. Ms. Thompson: -- PH.4 and S. Chair Sarnoff Okay. Ms. Thompson: Okay. PH.2 is not before 2. Chair Sarnoff Right. Ms. Thompson: So you have PH.1 and PH 3. Chair Sarnoff All right. Let's take up PH.1. City of Miami Page 17 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Gort: Mr. Chairman, a point of clarification. The CA (Consent Agenda), that we approved, number 3 was not included, right? Chair Sarnoff Was not included. Ms. Thompson: That's right. Once we -- Commissioner Gort: Okay. Ms. Thompson: -- withdraw it, then -- Commissioner Gort: All right. Ms. Thompson: -- we only approve the -- Commissioner Gort: Okay. Ms. Thompson: -- remainder of the consent agenda. Commissioner Gort: Thank you. Chair Sarnoff PH.1. You're recognized for the record, Mr. Anido. Bill Anido (Interim Director, Public Works): Bill Anido, assistant City manager. PH.1 is a resolution restricting pedestrian and vehicular access on an alley lying roughly between 34th and 35th Streets in the northeast, immediately east of Biscayne Boulevard. Many property owners abutting the alley have requested that the alley be closed for vehicular traffic, and this is the first step in doing so in accordance with the City of Miami Code Section 54-16H. Chair Sarnoff All right. Mr. Anido: Any questions? Chair Sarnoff Can I get a motion and then we'll open up the public hearing? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort. Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. I'll open it up for a public hearing. You're recognized for the record, Mr. Cruz. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. The reason I'm standing here is because this is something coming from Public Works. I know it's in District 2 and all that. I travel around there. I go there. I use the restaurant there. I wonder what was the purpose of that. Okay, the (UNINTELLIGIBLE). But what about Public Works move a little west to my district too, because the other -- yesterday I went to the NET (Neighborhood Enhancement Team) there to give them hell because Allapattah is full of potholes. Yet, even the house, 2660 and 14th Avenue, where Commissioner Gort live, flooding there, flooding. What is doing Public Works there? Because they tell me complain to -- I went to the NET. That's what the NET supposed to City of Miami Page 18 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 do, neighborhood enhancement team. That's what supposed to (UNINTELLIGIBLE). I shouldn't have to be here in City Hall. The Administration -- the Public Works should be doing that, taking care of the potholes there and the problem that we got in the street there. Because I come at 22ndAvenue and Tigertail, I see everything being paid there in Commissioner Sarnoff, right. They paving $282, 000 there. Everything being paved there. But what about paving the street there with the potholes? No. But they don't do it. So I have to come here. They say talk to Francis Mitchell or to Bill Anido. I went to the NET and they got all the e-mail (electronic) and the pictures and everything. They haven't done nothing for weeks and weeks and weeks. And the people go there. When you travel there and you hit the pothole, you say the hell with the Mayor and the hell with the Manager and with everybody because that's what count there -- Chair Sarnoff Mr. Cruz -- Mr. Cruz: -- in the street. Chair Sarnoff -- you want to say anything on 35th Street or 30 --? Mr. Cruz: Or Igo around there. Was wondering what was the purpose of that? That doesn't bother me. I use the restaurant there. All those restaurants from Denny's (UNINTELLIGIBLE) Chair Sarnoff So you're -- none of your comments are --? Mr. Cruz: No, no. Chair Sarnoff Okay. Mr. Cruz: That's your -- that's District 2, not mine. Chair Sarnoff Okay. Thank you. Mr. Cruz: But it was Public Works. They give me chance -- Chair Sarnoff Thank you. Mr. Cruz: -- to be here, okay. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on PH.1? Ms. Thompson: Chair, we do have -- just to let you know, we -- no, no, no; you go right ahead -- we have a wheelchair participant, and she will use the microphone. Chair Sarnoff Okay. Ms. Thompson: Okay. Thank you. Chair Sarnoff You need the mike or --? Ms. Thompson: She has it. No. We have it taken care of. Richard Strell: Should I start? Chair Sarnoff You're recognized for the record. Mr. Strell: Thank you. I'd like to pass out the -- City of Miami Page 19 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: Your name? Mr. Strell: Sorry. My name is Richard Strell. I live at 404 Northeast 35th Street. And I'd like to pass out a petition. This represents every single property owner, residential property owner on the alley abutting it and adjoining it on 35th Street, except for Bay Oaks, everybody single property owner. We passed -- we submitted that to the City five months ago and we have not been able to get any response to any of the questions or concerns of it. Many of you, I know, have not seen it because you're new, and welcome by the way. And thank you for letting me speak. Mr. Strell: Should I start? Commissioner Gort: Yes, please. Mr. Strell: Thank you. My name is Richard Strell. I'm also the president of NEAR, which is the Neighborhood Association for Edgewater, which includes the area of the alley. Of course, the petition represents the owners not only ofsingle-family homes, but also the Charter Club's board voted before they signed it. It represents 457 condo owners; and the Hamilton's management, 255 apartment dwellers. The attorney for the Hamilton was here earlier today; he had to leave, but he left for you written position, which is the Hamilton is against the closure of the alley. They're against your propo -- the proposal today. Most of us on the alley use it for parking and going in and out. All Bay Oaks properties are fenced off to the alley, but we walk it and drive it day and night. The City has ignored repeated requests for us to see reasons both that today's proposal is -- what today's proposal is based on, and the no -trucks -allowed sign they put up on the alley about a year ago was based on. Why? We've asked for 30 days written individual notice if they plan to do anything else to the alley and we got zero written notice. In 2007 Bay Oaks Kathryn Kassner told me she planned to close the alley to combine her 35th Street property with the 34th Street ones to enclose them in one big fence, so only her residents can cross between the two buildings. She insisted that this closing is a right -- of a right-of-way is more important for Miamians than -- and our neighbors' property rights or the benefits the alley might serve all of us. She was very upset when I wouldn't go along with her plan to cut off the alley. The neighborhood's safer, has many fewer homeless and less crime activity than it did in the past, yet three years since I spoke with Kathryn and for the first time maybe ever, they want to shut it down. Perhaps today's proposal is because Bay Oaks is close to finishing their 35th Street property and the building -- and the alley is still in the way. This doesn't completely meet their end goal, but today's proposal gets them half -way there by limiting vehicles and putting up barriers for the public and maybe limiting pedestrian traffic as well. It's not clear from some things I've heard if pedestrians will be limited or not. We know that since Bay Oaks promised to close it, we've seen strange things, things which have only occurred along the Bay Oaks property line. For instance, alley garbage pickup stopped being picked up for the past few years, though before it was picked up twice a month. Bay Oaks fences on the alley were knocked down regularly over the past three years, but not repaired. For many, many months, they just sat broken; odd, since in all other respects, Bay Oaks has always been meticulous, careful in repairing all of their damaged property. Commissioner Gort: Do they get two minutes? Mr. Strell: Piles of broken -- Chair Sarnoff You -- Mr. Strell: -- car glass started appearing on -- Chair Sarnoff Mr. -- City of Miami Page 20 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Strell: -- in the alley as well. Chair Sarnoff -- Strell -- Mr. Strell: Yes, sir. Chair Sarnoff -- you're going to have to conclude. Mr. Strell: I haven't even spoken more than a minute and a half. Usually -- Chair Sarnoff You've actually spoken -- Commissioner Gort: Two minutes. Chair Sarnoff -- more than two and a half minutes. Mr. Strell: -- neighborhood association presidents have five minutes. Chair Sarnoff Mr. -- I'm going to give you one more minute. You're going to finish up. Mr. Strell: So we have seen broken car glass that -- with no signs of cars or truck accidents, and the City's -- and no one's been able to show us what the accidents or the evidence this is based on. We didn't know anything about the no -trucks -allowed sign as the petition said. Kathryn pledged to shut down the alley. And since then, we've seen these strange activities, although we can't say exactly why they keep appearing. Meanwhile the City's completely -- continually ignored all of our requests. It's almost unheard of for a city to try and limit use of an alley based on one owner's claim, and especially here every other owner who lives on the alley and adjoins the alley and owns property wants it open, including the Hamilton and the Charter Club, high-rise and small buildings. The owner has already made it clear she has a huge conflict of interest, but she's the only one the City's listening to. The City could have put up speed bumps if they're claiming it's unsafe. They could have started policing speeding. Oh, but they don't want to and they don't want to talk about it. Chair Sarnoff You need to conclude. Mr. Strell: We need the alley for emergencies. Without the alley, that's a one-way street. Chair Sarnoff All right. Mr. Strell: Ambulances cannot go in -- Chair Sarnoff Thank you. Mr. Strell: -- and people cannot go out in a hurricane. Chair Sarnoff Thank you. Mr. Strell: So that's why I'm being cut off early. Please vote no on this. Thank you very much. Chair Sarnoff Yes, sir, you're recognized for the record. Dov Dunaevsky: My name is Dov Dunaevsky. I'm the owner of four properties on 35th Street, 412, 420 -- 412, 416, 420, and 432. I've been in this town for more than 43 years and we built more than 70 projects, my partner and myself Resnik (phonetic) Dunaevsky. I've never been in City of Miami Page 21 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 the City Hall here. I never ask for anything. This closure of the alley would produce beside immediate difficulties, like you would not be able to come with a car and turn around in case of emergency. There are about 900 people in the two buildings that adjacent to this closure. And even if you would give them a key, imagine 900 people opening car and closing in various times. So I'm objecting to the closure of the property or the alley. I want also to mention that after all, we pay -- on this area, I paid $80, 000 in taxes in 208 [sic], in 209 [sic]. In 207 [sic], I think it was a little less. I don't remember. And I think I'm entitled to have this hearing and to vote against -- to object to the closure. Another thing, I've been here for 43 years as a developer, and we develop many projects. Whenever it was taken an action in regard to any affect on the property, I always was notified. Chair Sarnoff You need to conclude. Mr. Dunaevsky: This case, I did not. And I done -- Chair Sarnoff You need to conclude, sir. Mr. Dunaevsky: I conclude. Chair Sarnoff Yes. Mr. Dunaevsky: So I would like to be notified on any action that is being taken. Chair Sarnoff All right. Mr. Dunaevsky: First of all, I want to consult with my attorney, with my architect, because not -- Chair Sarnoff Thank you. Mr. Dunaevsky: -- to walk and just call. Thank you very much. Chair Sarnoff Thank you. Anyone else wishing to be heard? Yes, ma'am. Mary Rembowski: Hi. I'm Mary Rembowski, and I am not an owner, but I am a resident. I live at 436 Northeast 35th Street. The area they're talking about closing off is my main access in and out of my building. I cannot get in and out through the front. The sidewalks have so much stuff on them, even ifI could, I can't get through. Public Works knows this is my main access. They actually repaired the alley this past year because of damage created by the construction. They actually cited the contractors and the owners of the property that is trying to get this area closed down. I walk my dogs four to five times a day. If this section's closed, I then have to take them from my place all the way up to Biscayne Boulevard where there's construction, walk them on Biscayne, then all the way back down to the bay, so we're talking about eight blocks additional. When it comes time for my garbage, I have to do the same thing. We're talking eight blocks to empty my garbage if this area is closed off. I did call ADA and they said they spoke to Public Works, who said Oh, it's being revised. We're not closing pedestrian access." But there's no revision on any paperwork you have today. So I don't know who's telling the truth and who's not telling the truth. I do know this is my main access to my apartment. I know that this person has -- let me correct that. This area has not been given problems with people hanging out there or doing drugs or anything else. I'm out on that street at 2 o'clock in the morning at times with my dogs. I've never seen problems. I mean, I don't know, other than for someone's personal preference, why this is being closed. Chair Sarnoff. Okay. And in conclusion. Ms. Rembowski: Yeah. Public Works knows that it's needed for handicap access; why are they City of Miami Page 22 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 now closing it down? Chair Sarnoff Okay, thank you very much. Anyone else from the public wishing to be heard? Nina West: Hello, all. My name is Nina West. I live at 3690 Avocado Avenue, in Coconut Grove. I'm here today as a concerned citizen who used to be a member of the PAB (Planning Advisory Board) when these alleys were closed on a regular basis and handed over to developers and people who had very good connections to the detriment of the smaller property owners who were acjacent to these alleyways, so for me this is just an exemplary action that's being taken. And one of the things is that Miami 21 's about to go into effect very shortly and Miami 21 acknowledged the problems with these streets and expected large population increases. And they proposed enlarging the north running part of the alley south to 34th Street so cars can pass all the way north and south; yet, today's agenda item reduces needed traffic flow. The City ignores that closing the alley means 35th Street becomes dead end, the area is more dangerous for emergency vehicles. I think a lot of people forget that the people in the high-rises are elderly and need the services of ambulances, and I often see ambulances in these areas stuck on the streets not just this particular street, but all of these narrow streets down to the bay, and very little has been done. Same thing would be for a fire truck. The garbage trucks which used to come on the back way on these alleys, which is something I personally object to, is that the garbage dumpsters now are in the front on the street, and that is disgusting looking on this waterfront entry blocks. And they're talking today in the -- there's a big meeting today about how to improve Miami's downtown, which I was going to go to, but I thought this was equally important, that these streets are streets that people drive past on Biscayne Boulevard. They don't want to be looking at dumpsters. It's disgusting. It's dirty. And then people use the dumpsters as ordinary trash bins. So I'm here as a citizen. It isn't specifically for this property, but it's specifically for alleyways in general and how people are treated. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on PH.1? Marvin Valladares: Good morning. My name is Marvin Valladares. I live in 340 and 342 Northeast 35 Street. I come to see if you -- to asking the City of Miami make the alley for future proposals. The alley is very important to keep open both ways because lot of people and families live there and they use the alley to move they stuff when the apartment -- they have to be renting. Also, I asking to the City, if it's possible to remove the sign with the no -truck -allowed there because the people need. The garbage is okay. That's no problem. They can -- people use the front street. The alley is very clean. I walk day and night and I don't have no problem. So I appreciate if you -- the City help us to remove the sign and change the sign out of there, and leave it open, the alley both ways for the future use for our people and community, especial [sic] police, rescue, FPL (Florida Power & Light), or sewer, especial [sic] the sewer work. In the future they going to need to work in there and they going to need opening. Chair Sarnoff Thank you, sir. Anyone else wishing to be heard on PH.1? Kathryn Kassner: I would. Hello. I'm Kathryn Kassner. I am the steward -- Ms. Thompson: Excuse me, Chair. I can hardly hear her. Chair Sarnoff Could you pull the mike up to you. Ms. Kassner: My name is Kathryn Kassner. I am the administrator of Bay Oaks. It's a nonprofit organization. We've been in the same location on Northeast 34th Street for 63 years. The property that borders us on the alley on Northeast 35th Street we've owned since 1971. We received a grant last year from the County to restore a property, and we have invested approximately a million dollars in the property. This is all to the benefit of the elderly and disabled in the City of Miami. We have a policy that includes scholarshipping [sic] residents. City of Miami Page 23 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Approximately a third of our residents come to live with us without the ability to pay for our services. We fund ourselves privately and through donations from the community, and we are an exceptional community asset. What we're asking in the partial closure of the alley is not to, in any way, impose a hardship upon anyone else, other than to allow our residents, many of whom are here -- and I'm going to ask some of them to stand, if they would all of whom are elderly and disabled. Our average age of population is 87. It is very important to them to have ADA access across our properties, which they do not have and which the alley prevents them from being able to traverse the area. So we are very sympathetic to providing AD (Americans with Disabilities) access. So what we're asking is really a necessity for our residents. It's a hazard now. It's an inconvenience for the -- all these other people who are there are there temporarily. They're renters or developers or they live literally within a few feet of the access to Biscayne Boulevard. This is just a small portion at our end, and it only includes us. Further to the issue of crime. In the past month we've had three significant break-ins. The house immediately next to us had a car broken into. This is a repeated issue, and I have brought some photographs (UNINTELLIGIBLE), as well as show the alleyway for what it really is. The pictures here depict the alleyway, how narrow it is. This is a very poor picture, but coming down the alley, this was a waste management truck. It encompassed the entire alley. That's how narrow it is. This is the corner property. We have a hundred -year -old oak tree. The reason that this fence has not been repaired, which was alluded to, was in an attempt to try to preserve the tree because when automobile traffic traverses the area, it is simply not wide enough to accommodate. This is the area -- Mr. Dunaevsky: Excuse me, Commissioner. Can we also see it because it's -- Mr. Strell: Can we see what she's referring to? Mr. Dunaevsky: -- it pertains -- Ms. Kassner: Of course. Mr. Dunaevsky - -- to my property and I pay 85 -- Chair Sarnoff Gentlemen, step back. It'll be shown to you. Do not walk up here. Ms. Kassner: And these are -- in fact, it is a constant nuisance to keep clean. The NET (Neighborhood Enhancement Team) office is repeatedly having to come there to remedy it. These are things that occur here on a regular basis, so -- Chair Sarnoff All right. Step -- go back to the mike, and I'm going to give you 30 seconds to finish up. Ms. Kassner: So the residents of Bay Oaks simply ask the opportunity to be able to go from their main building to the adjacent building to make full use of this facility, which is going to benefit the entire elderly and disabled community in the City of Miami. Thank you very much. Chair Sarnoff Thank you. Anyone else wishing to be heard on PH.1 ? Mary Hill: I guess I'm in order. Chair Sarnoff. Please state your name for the record, ma'am? Ms. Hill: Pardon? Chair Sarnoff. Can you state your name for the record? City of Miami Page 24 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Hill: Yes. Mary Lee Hill. Chair Sarnoff. Okay, thank you. Can you give us an address? Ms. Hill: 147 Northwest 67th Street -- 146, I'm sorry. I just went through a little thing here. 171 just get it together. I'm speaking as today Mary Lee Hill. But we have a issue here that is very, very important that need to be talked about, and that's your CDBG (Community Development Block Grant) grants. Chair Sarnoff. No, no, no, no, we're not talking about CDBG grants. Ms. Hill: You're not talking about it now? Chair Sarnoff No, ma'am. We are on P -- Ms. Hill: Have you passed that issue or --? Chair Sarnoff We're on PH.1. If you wish to talk on 35th Street and the closure or partial closure of the alley, that is the discussion item upon which this Commission will hear. Ms. Hill: Okay, so I'm a little early. I would -- it's next, right? Chair Sarnoff I don't know where it is yet, but we'll get to it. Thank you. Ms. Hill: Yeah. Chair Sarnoff Anyone else -- Ms. Hill: I'll stay here -- Chair Sarnoff -- wishing to be heard on PH.1? All right, coming back to the Commission. This is really in my neighborhood. It's a District 2 issue, separating the wheat from the chaff. This is not a closure of a street. It is merely the restricted access of vehicles to the street, and it would afford a better pedestrian entrance and access way. If you know the Hamilton, gentlemen, it is as if a castle were built, and in that castle wall you have seen the garbage that has been dumped next to the castle wall. The Hamilton doesn't really care about the garbage being dumped, the mattresses that are being dropped. We did prevent the garbage trucks from going back and forth because they were destroying the fence line because it's too narrow for what a modern-day garbage truck has today. For those of you that have not been to Bay Oaks, it's probably one of five issues that has put a smile on my face in the City of Miami because it is an extremely well run facility that is completely run without one tax dollar being spent. They own, as you can see, 448, and that's going to be their recreation center, and they have invested about a million dollars in that. All you're being asked to do is restrict vehicular access. Anybody here that's coming here is either a developer or a person that lives on 35th Street that simply doesn't want to use 35th Street. I could very persuasively argue very effectively that a person in a wheelchair would have a better benefit without vehicular access and having to navigate and concern themselves with cars coming at them either north or east, especially when they're turning the corner right there. Mr. Strell has a great propensity and ability to get people out when they think property rights are being taken. There are no property rights being taken. There are no property rights being afforded. What you're doing is you're improving a very small garden patch neighborhood for a bunch of older folks who are in the golden years of their lives and will have the ability to walk 30 feet to their recreation facility with some semblance of understanding and knowing that they're safe in doing it. So I will pass the gavel to the Vice Chair and make a motion to approve. Vice Chair Carollo: There's a motion by Chairman Sarnoff. Is there a second? City of Miami Page 25 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Commissioner Gort: Yes. My understanding -- Vice Chair Carollo: Madam -- I'm sorry. Commissioner Gort: Through the Chair. I'm sorry. Vice Chair Carollo: Go ahead, Mr. Gort -- Commissioner Gort. I'm sorry. Commissioner Gort: My understanding, the main goal is to stop vehicle to travel. Can we build a fence in a way that vehicle cannot go through but pedestrian can? Chair Sarnoff It's going to be done. Commissioner Gort: 'Cause that's the -- Unidentified Speaker: Yes. Commissioner Gort: -- biggest complaint that I received in here is people that use the alley to walk through. Chair Sarnoff It's even going to have the ability for FP&L, it's going to have the ability to get through when it needs to get through, but it's not going to have a pass through on a day in, day out basis. Commissioner Gort: Okay. Thank you. Vice Chair Carollo: Madam City Attorney, I think you wanted to say something. Julie O. Bru (City Attorney): Yes. I just want to put something on the record. I don't know if it's just a scrivener's error, but in the resolution on subsection 2d, it says that expenses resulting from this request for prohibited access shall be borne by the abutting property owners . It should say by the applicant. So let's just make that correction. Vice Chair Carollo: Is there -- is it modified? The maker of the motion -- would the maker of the motion modify? Chair Sarnoff Yes. Vice Chair Carollo: Would the seconder? Commissioner Suarez: Yes. Vice Chair Carollo: Any further discussion? And I have a question. As far as the motion per se, should it be amended as far as vehicular traffic? Chair Sarnoff It is vehicular. Vice Chair Carollo: It is? Chair Sarnoff Yes. City of Miami Page 26 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 PH.2 10-00268 Vice Chair Carollo: Okay. With that said, any further discussion? All in favor, say aye." The Commission (Collectively): Aye. Chair Sarnoff. Anyone in opposition have the same right to say iio. "Motion passes unanimously. Applause. Chair Sarnoff. Thank you. A sign language interpreter translated discussion of items PH.2. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTERA PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE CITY CODE, TO ENABLE JAY SOLOWSKY TO ENTER INTO AN AGREEMENT WITH THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FOR THE PURPOSE OF SERVING AS GENERAL COUNSEL TO THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI. 10-00268 Legislation.pdf SPONSOR:CHAIRMAN SARNOFF 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-10-0099 Chair Sarnoff All right. PH.2. PH.2 is a resolution of the City of Miami, which requires a four -fifths vote after a public hearing, pursuant to Section 2-16 of the Code of the City of Miami, Florida, as amended, waiving the conflict of interest provision in Section 2-612 of the City Code to enable Jay Solowsky to enter into an agreement with the Downtown Development Authority of the City of Miami for the purpose of serving as general counsel to the Downtown Development Authority of the City of Miami. Jay resigned from the DDA (Downtown Development Authority) in -- on December 17, 2008, so although he's a year beyond the time, I think it's a two-year rule, and this would require a four fifths vote of this Commission to waive the conflict. I believe Jay's conflict was waived earlier when he defended DDA in a lawsuit, I believe, successfully as a result of the DCA's (District Court of Appeals) most recent ruling in regards to the illegality of the DDA's existence. Is that about right, Mr. Solowsky? Jay Solowsky: Yes. Except I'm not sure that the Third District has issued a final ruling. Chair Sarnoff Oh. I thought I saw one. Mr. Solowsky: You may have. If so, I have not seen it. Chair Sarnoff Okay. So is there a motion? City of Miami Page 27 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: So moved. Commissioner Gort: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. We'll have a public hearing. Anybody from the public wishing to address this issue, please step forward. Hearing none, seeing none, the public hearing is now closed. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. Go ahead. Vice Chair Carollo: I have a question. Is this for general counsel or is this for a specific case? Chair Sarnoff I think they're trying to do it on a more generalized basis. As the City Attorney herself is now looking to create a billable scenario in which she bills the DDA for representation, it may be just as prudent for us to have our own general counsel. In other words, what she does is she creates the number of hours billed, and then there's an agreement for the DDA to reimburse. Vice Chair Carollo: The City? Chair Sarnoff City Attorney -- City Attorneys. Vice Chair Carollo: City Attorneys Office or be under her budget? Chair Sarnoff. No, no, no. Be under -- this would be paid for by the DDA. Vice Chair Carollo: Right, right. But I'm saying that right now -- 'cause I want to see has -- their general counsel right now, which I believe is the assistant City attorney, has that person done anything wrong or incorrect? Chair Sarnoff No. Vice Chair Carollo: Like I'm wondering why the change. And by the way, I need to point out this has nothing to do with Jay Solowsky. Chair Sarnoff I understand. Vice Chair Carollo: Okay. Chair Sarnoff Go ahead. Alyce Robertson. Alyce Robertson: IfI may, Alyce Robertson, executive director of the Miami Downtown Development Authority. We will still retain the City counsel for the day -to day -business of the DDA with the transactional work that is going on, the review of resolutions, and ordinance, and all of that type of work. And we have an arrangement where we reimburse the City for those services. What this is is that we have, from time to time, an occasion of additional work that is -- say, for example, the protesters that we have in downtown that are dealing with the union issues and all that or in the case of the Milan case, we have from time to time these extraordinary types of things, and so this is an ability to hire Mr. Solowsky to do those -- to handle those kinds of things. He has dedicated thousands of hours to the DDA in pro bono work on those issues, and so -- and in the case of Milan case, he billed us at half of -- less than half of his normal rate, so to get somebody of his legal caliber to work on these kinds of cases -- he knows downtown, he knows the DDA, and so it's very expedient to have him work on those issues. And he did receive City of Miami Page 28 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 a waiver for the Milan case in January of 2009. However, it was determined by the City Attorney that we needed a broader waiver to use him on other issues. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. Go ahead. Vice Chair Carollo: Thank you. And again, the issue is not Jay Solowsky. I just wanted to see if it was going to be, you know, specific cases, like the Pottinger case. Because the way it reads -- you know, I -- at least the way I interpret it, that the assistant City attorney will no longer be providing services to the DDA and that Mr. Solowsky would then be the general counsel. That's how I interpret this. So from what you're saying, the assistant City attorney will continue to be the general counsel for the DDA and then on specific cases, like the Pottinger settlement and so forth, Mr. Solowsky then could be hired, correct? Ms. Robertson: Right. We have -- currently are very happy with the assistant City attorney that is assigned to the DDA. Vice Chair Carollo: So this is not a switch where then he would ultimately become your attorney and then the City -- assistant City attorney will stop providing services? Ms. Robertson: Correct. Though we are allowed by our charter to do that, we're not doing that at this time. Vice Chair Carollo: At this time. Do you foresee doing this in the near future? Ms. Robertson: I do not. Vice Chair Carollo: Okay. And before that is done -- and mind you, I don't know the rules -- does that need to come before the City Commission? Ms. Robertson: No. It would go before the DDA board. Vice Chair Carollo: Before the DDA board. But that -- but in essence, that's not what we're dealing with now because you could do that with another attorney, correct? Ms. Robertson: Right. Correct. Chair Sarnoff Right. Vice Chair Carollo: And one last question. Has the DDA board voted on this or have they had a vote on --? Ms. Robertson: Yes, they have, at our last meeting in February. Vice Chair Carollo: To have Mr. Solowsky as a general counsel? Ms. Robertson: Correct. Vice Chair Carollo: Okay. That's all I have. Chair Sarnoff Any further discussion, gentlemen? Hearing none, I'll call the question. All in favor, please say Eye." The Commission (Collectively): Aye. City of Miami Page 29 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff All right, you have a 5-0 vote. PH.3 RESOLUTION 10-00234 District 5- A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), RESCINDING RESOLUTION NO. 06-0125, ADOPTED RichardDunnll FEBRUARY 23, 2006, RELATING TO THE CONVEYANCE TO PALMETTO HOMES OF MIAMI, INC., WITH PARCEL REVERTER PROVISIONS, OF THE CITY OF MIAMI OWNED PARCELS OF LAND LOCATED AT 1620-1624 NORTHWEST 58TH STREET, MIAMI, FLORIDA, AS LEGALLY DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF AFFORDABLE HOUSING FOR LOW TO MODERATE INCOME PERSON; AUTHORIZING THE CITY MANAGER TO CONVEY, WITH PARCEL REVERTER PROVISIONS, SAID PARCELS OF LAND TO CITY OF MIAMI DEPARTMENT OF OFF-STREET PARKING FOR THE CONSTRUCTION OF PARKING LOTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00234 Legislation.pdf 10-00234 Exhibit.pdf 10-00234 Summary Form.pdf 10-00234 Memo of NOPH.pdf 10-00234 NOPH.pdf 10-00234 Pre Legislation.pdf 10-00234 Attachment No 1.pdf 10-00234 Pre Legislation 2.pdf 10-00234 Attachments.pdf 10-00234 Pre Legislation 3.pdf 10-00234 Exhibit A.pdf 10-00234 Property Information.pdf 10-00234 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-10-0098 Chair Sarnoff. All right, moving on. I think we could go to PH.3, if I'm not mistaken, and then we will adjourn as soon as PH.3 is done. George Mensah: Good morning again, Mr. Chair. George Mensah, director of Community Development. PH.3 is a resolution rescinding Resolution number 06-1025, adopted February 23, 2006, which related to the conveyance with parcel reverter provisions of certain properties to Palmetto Homes of Miami, incorporated, for the property located at 1620-1624 Northwest 58th Street, and authorizing the City Manager to convey with parcel reverter provisions said parcels of land to the City of Miami Department of Off -Street Parking for the construction of parking lots. Commissioner Gort: Move it. Commissioner Dunn: Second. City of Miami Page 30 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 9:00 A.M. Chair Sarnoff. All right, we have a motion by Commissioner Gort, second by Commissioner Dunn. I'm going to open up for a public hearing. Anybody from the public wishing to be heard on PK3? It is page 9 on your agenda. Public hearing is opened. Public hearing is now closed. Corning back to the Commission, any discussion, gentlemen? Commissioner Dunn: Yes, I just want wanted to -- Mr. Chair. Chair Sarnoff You're (UNINTELLIGIBLE), Commissioner. Commissioner Dunn: I just wanted to reiterate, add to the fact that this was the original intent, I guess, what, many years ago, about -- maybe close to ten years ago. We have seen the positive impact of parking lots, which was rebuffed initially in Overtown, particularly at the Jackson Soul Food -- or near the Jackson Soul Food restaurant and the apartment building just east of the parking lot. The -- there was a great outcry initially about the parking lots, but now all of these lots are being fully utilized. And it does add to the business aspect, particularly when there's a funeral by Range, those -- there were new homes that were built along 58th Street from 17th Avenue to the west to 18th Avenue to the east, and people need additional parking. So that is the purpose of us -- me supporting this. Chair Sarnoff All right. Anyone else wishing to be heard? All right. We have a motion. We have a second. Calling the vote, gentlemen. All in favor on PH.3, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right. We have a unanimous vote, Madam Clerk. And we are going to adjourn [sic], gentlemen, till 1:45 this evening -- this afternoon. Priscilla A. Thompson (City Clerk): We're recessing until -- Chair Sarnoff Is that recessing? Ms. Thompson: Yes, sir. Chair Sarnoff I liked recess as a kid much better than an adjournment. Thank you. A sign language interpreter translated discussion of items PH.4 and PH.5. PH.4 RESOLUTION 10-00174 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE CITY OF MIAMI ("CITY") LOCAL Development HOUSING ASSISTANCE PLAN ("LHAP"), ATTACHED AND INCORPORATED, FOR THE PERIOD OF JULY 1, 2010, THROUGH JUNE 30, 2013, FOR THE CONTINUED PARTICIPATION OF THE CITY IN THE FLORIDA STATE HOUSING INITIATIVES PARTNERSHIP ("SHIP") PROGRAM; AUTHORIZING THE CITY MANAGER TO SUBMITA PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO IMPLEMENT THE TERMS AND CONDITIONS OF THE SHIP PROGRAM AND THE LHAP. City of Miami Page 31 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 10-00174 Legislation.pdf 10-00174 Exhibit.pdf 10-00174 Summary Form.pdf 10-00174 Public Notice.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, Samoff, Suarez and Dunn II R-1 0-0097 Chair Sarnoff PH.4. George Mensah (Director, Community Development): Mr. Chair, PH.4 is a resolution of the City Commission approving the Local Housing Assistance Plan, attached and incorporated, for period of July 1, 2010 through June 30, 2013, and this is for the continued participation of the City in the Florida State Housing Initiative Partnership Program, properly known as the SHIP program. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Moved -- Commissioner Gort: Second. Chair Sarnoff -- motion by Commissioner Suarez, second by Commissioner Gort. Public hearing -- this is a public hearing. Public hearing is now opened. Anybody from the public wishing to be heard on PH.4, please step up. Seeing none, hearing none, it comes back to the Commission. PH.4, gentlemen, any discussion? Commissioner Gort: I have a question. My understanding is the -- we have not received funding from SHIP from last year -- Vice Chair Carollo: No. Commissioner Gort: -- and we might not expect any funding for next year? Vice Chair Carollo: No. Mr. Mensah: That is correct. There was no funding for the SHIP program for last year, and this year we do not anticipate that we'll get any funding. Commissioner Gort: My understanding, and correct me ifI'm wrong, when that was passed way back, I believe it was '92 -- Mr. Mensah: That's correct. Commissioner Gort: -- wasn't that fund dedicated to be used only for housing? Mr. Mensah: Yes. That fund was dedicated to be used only for housing activities. Unfortunately, last year, due to the State's budget problems, the State (UNINTELLIGIBLE) the funds into the general fund, so that's what's being used to (UNINTELLIGIBLE). Commissioner Gort: But this legislation takes steps in doing that or they changed the --? We City of Miami Page 32 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 PH.5 10-00197 Department of Community Development need to find out. Mr. Mensah: No. The legislation that established the fund, it made it a trust fitnd, but it did not cap -- it did not prevent the legislation from taking money out of it. Commissioner Gort: Okay. Thank you. Chair Sarnoff. All right. Any further discussion, gentlemen? All right. Call the question on PH 4. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $76,360 FROM THE CITY OF MIAMI DEPARTMENT OF COMMUNITY DEVELOPMENT DISTRICT 1 RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI ECONOMIC DEVELOPMENT LOAN PILOT PROGRAM, FOR AWARDS NOT TO EXCEED $10,000 TO FOR -PROFIT BUSINESSES LOCATED IN DISTRICT 1 TO RETAIN AND CREATE JOBS FOR LOW AND MODERATE INCOME PEOPLE, AS SPECIFIED IN EXHIBIT "A", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, FOR SAID PURPOSE. 10-00197 Legislation.pdf 10-00197 Exhibit.pdf 10-00197 Summary Form.pdf 10-00197 Public Notice.pdf 10-00197 Pre Legislation.pdf 10-00197 Pre Legislation 2.pdf 10-00197 Guidelines.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-10-0096 Chair Sarnoff. We're going to move, gentlemen. It's on page 10. We're going to do PH.5. I'm sure you're going to be speaking on this. I know. Commissioner Gort: I'm going to name him on one of the boards. Chair Sarnoff. I think you should. Commissioner Gort: He's good. If he only -- Chair Sarnoff. George -- Mr. Mensah. Okay, I just want to get started. City of Miami Page 33 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 George Mensah: Good morning, Chair. George Mensah, director of Community Development. PH.5 is a resolution authorizing a transfer of Community Development grant funds in the amount of 76,360 from the District 1 reserve account and allocating said funds to the City of Miami Economic Development Loan Program for awards not to exceed 10,000 in forgivable loans to for profit businesses located in District 1. Commissioner Gort: Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort. Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Sarnoff We have a second by Commissioner Dunn. Any discussion, gentlemen? I'm sorry; we have a -- let me open up to a public hearing. Mariano Cruz: Yeah. I need -- Mariano Cruz, 12 7 Northwest 26th Street. Besides that, I am interim Chairman of Allapattah Business Development Authority and member of the Empowerment Zone, Allapattah Civic Center Empowerment Zone, where we have four jobs (UNINTELLIGIBLE) works in the community. I'd like to know all the information. Is this going to be the creation of Mickey Mouse jobs or good, good jobs? Okay. Because I am -- no, no, no, no. Because Empowerment Zone, when we give money or lend money, every $35, 000, a job had to be created, even if we got to go through all the obstacles that the County put economic development. Whenever I see here economic development in the City, I worry about. What's supposed to be done with that? But they hiding then someplace there, okay. So I want to know -- I say 20th Street in Allapattah maybe pay more taxes than the rest of the City, okay, because there those people -- they don't have homestead exemption or service (UNINTELLIGIBLE) disability, like me, or anything. No. They have to pay completely the tax bill, and I know many people that are paying taxes and they're not getting anything. They have to pay a service here they getting in the City, a building thing, the 40-year examination of the building. They have to pay somebody to (UNINTELLIGIBLE). Beside that, when they come to the City, they got to pay $250 to the Building Department, and then about the jobs. I send people to apply to the mom-and-pop jobs and they been eliminated because they forget a check mark. You know, what is that? Oh, well, you didn't -- you got to mark this check mark, and you know this -- that money, mom-and-pop job is County funded and we pay countywide taxes too. So it's not just -- I want to make sure that this money is used properly, because that's community development money. I don't pay maybe City taxes or debt service -- Chair Sarnoff And in conclu -- Mr. Cruz: -- but I pay a lot of money in federal taxes. Chair Sarnoff Thank you. You're recognized. Commissioner Gort: Mariano, I can assure you, the -- we -- this is to retain jobs or create jobs, and you know we had a lot of problems with the small businesses in Allapattah -- Mr. Cruz: No Mickey Mouse jobs. Commissioner Gort: -- and that's how it's going to be used. No. You're going to be part of it. Don't worry. Chair Sarnoff You're recognized for the record. City of Miami Page 34 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Charles Cutler: Yes. I'm Charles Cutler, 706 Northwest 4th Avenue, in Overtown. I'm -- I really -- I'm really thankful that you would come up with a project like this, but I just want to make a observation and I'll be done. I think that in District 5, as high as the unemployment rate is in District 5, I think that this -- that a project like this need to be supported in District 5 also. And I also think that the Commission should really, really consider -- the community is bleeding. Our economy has just run amuck and we're going to be in the same situation that we was in last fiscal year going into this fiscal year. So the question is how do we trap our dollars to make sure that the dollars that we bring in and the dollars that we appropriate are actually spent in our community? And that's really the problem, because a lot of times the jobs that come into our community goes to people that don't -- they don't come in -- they don't live in our community, they don't buy anything out of our stores, they just come in and they take the money out and they take it back to their community. And a lot of our money is just going overseas. So any type of job creation that we do -- right now we're in trouble, and we've got to fix ourself [sic] first. And I know that we're a part of a [sic] international economy, and we're also part of the global -- the state and all that, but right now Miami is hurting. Miami is bleeding. And I really think that as leaders in our community, that we need to come up with a way to stop the bleeding and start trapping our dollars so that they'll be able to at least turn over two or three times while they're in our community. Thank you. Chair Sarnoff Thank you, Mr. Cutler. Anyone else wishing to be heard on PH.5? Hearing none, it comes back to the Commission. Discussion, gentlemen? Hearing none, seeing none, let's take the vote. All in favor, please say liye. " The Commission (Collectively): Aye. Chair Sarnoff Unanimous. City of Miami Page 35 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 ORDINANCES - SECOND READING SR.1 ORDINANCE Second Reading 10-00191 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Attorney 42/ARTICLE V OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "POLICE/VEHICLE IMPOUNDMENT" BY CHANGING THE AMOUNT OF THE CIVIL PENALTY FROM $1000 TO $500; MORE PARTICULARLY BY AMENDING SECTIONS 42-121 AND 41-122; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00191 Legislation FR/SR.pdf 10-00191 Cover Memo FR/SR.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 13146 Chair Sarnoff. Next, we're up to, I believe, SR.1. Am I right, Madam Clerk? Priscilla A. Thompson (City Clerk): Yes. Chair Sarnoff SR.1. Julie O. Bru (City Attorney): Okay. On SR.1, Mr. Chair, members of the Commission, this is a second reading on an -- of an ordinance that will adjust the penalty on our vehicle impoundment ordinance from a thousand to five hundred. Commissioner Gort: Move it. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Suarez. It's a public hearing. Anybody from the public wishing to be heard on SR.1, please step forward. Hearing none, seeing none, comes back to the Commission. Any discussion, gentlemen? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized for the record. Vice Chair Carollo: Thank you. Just a quick question to the City Attorney. Madam City Attorney, when is the VIP (Vehicle Impoundment Program) program going to be implemented? Ms. Bru: That's really a question for the Police Department, but I know that they're getting ready to do it 'cause I just recently saw that they're staffing it, and one of my assistant City attorneys has been working with them. So I think as soon as this ordinance goes into effect, they're ready to go. Vice Chair Carollo: Thank you. If you recall on the last meeting, when it was on the first reading, I specifically requested this to come back for second reading, and gentlemen, I think we City of Miami Page 36 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 need to move as quickly as possible, or the Administration does, with the VIP -- initiating the VIP program again because that's revenues that's going to be corning into the cities [sic], and right now we need additional revenues. Thank you. Chair Sarnoff. Anyone else wishing to be heard? Hearing none, I'm going to call the question. SR.1 is an ordinance. Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: I'd like to state this is another way to fight crime. Yes. Ms. Thompson: Thank you. Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SR.2 ORDINANCE Second Reading 10-00108 Honorable Mayor AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Tomas Regalado 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 FR/SR.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, Samoff, Suarez and Dunn II 13147 Chair Sarnoff All right, SR.2. Is anyone -- does anybody want to step up for the Mayor, Madam City Attorney? City of Miami Page 37 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Julie O. Brit (City Attorney): This is second reading of an ordinance that will amend the International Council to provide for the maintenance of a non-profit, a 501(c)(3), which this council needs in order to be able to raise some revenue by way of donations and contributions. ChairSarnoff.. All right. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Vice Chair Carollo: Second. Chair Sarnoff.. -- second by Commissioner Carollo. This is a public hearing. Public hearing is now opened. Anyone from the public wishing to be heard on SR.2, which is a non -for -profit for the Mayor's International Council? Hearing none, seeing none, the public hearing is now closed, corning back to this Commission. Any discussion, gentlemen? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. ChairSarnoff.. All right. SR.3 ORDINANCE 09-01024 Second Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS," BY CLARIFYING EXISTING LANGUAGE AND ADDING AUTHORITY FOR THE CITY OF MIAMI TO REMEDY ACTS OF GRAFFITI; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 09-01024 Legislation SR 3-11-10.pdf 09-01024 Summary Form FR/SR.pdf 09-01024-legislation SR 3-11-10 SUB.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13148 Chair Sarnoff SR. 3. SR.3 is the ordinance that I brought up, which is, I guess, colloquially called the Graffiti Ordinance. I'm hoping that somebody from my office -- Unidentified Speaker: He's here. City of Miami Page 38 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. -- would start. Graffiti, as you all know, brings crime and brings civil unrest to our particular city. And I'm reading from a book which is called Fixing the Broken Window. It's written by James Quinlan. And it's George Kelling. It first appeared in 1982. It's been updated many times. And here's what they had to say. The presence of graffiti was intensely targeted in New York City, and the subway system was cleaned from 1984 to 1990. The city implemented a zero tolerance of fare dodging, easy arrests, and total eradication of graffiti. They stressed quality of life. If you all remember, this was around the time that Giuliani came into power when he was first, they stated the attorney -- US (United States) -- it wasn't US Attorney. He was the State Attorney. Unidentified Speaker: US Attorney. Chair Sarnoff He wasn't the US Attorney. He was the District Attorney, unlike us, which is the State Attorney. And this is when, in 2001, which is famous for maybe other things than that, New York City had completely turned the corner with regard to what they considered to then be the Broken Window theory, and they did it by eradicating graffiti, and they did it by quality of life issues. This ended up having a 20 percent reduction in crime. And what we have done is taken essentially the County ordinance. What we did was we took the County ordinance, which is everywhere except for the City of Miami and the other three major municipalities, and have used their ordinance. In addition to that, what we have done is created, as you all will remember with CDBG (Community Development Block Grant) funding, a $200,000 pool that would afford and allow us to, for qualified residents, which means low- to moderate -income residents, in the event that they get graffiti, that we would help pay for and help restore the actual graffiti or the -- their building, let's say, so to speak. So the ordinance is before you. It has certain rights that the City of Miami doesn't presently have, which is property known as Abutting the Public Right -of -Way. Abutting the public right-of-way is a term of art. It has numerous case holdings. It really means touching and concerning the public right-of-way. That is the County ordinance that we pretty much are adopting herein. What we did do is add one more precaution, if you will, gentlemen, on page 37 -- or Section 37f. We added a five-day provision so that people would have five days for notice requirement. But the idea behind this ordinance is that people -- that we can, as a city, start to rect5 graffiti. And for those of you that don't know this, the City of Miami is considered 40 percent more graffiti than the County, in general. And we have the density for it, but nonetheless, the County has a better graffiti ordinance than we do. I'm more than willing to listen to any ideas anyone has, but I think this is a good ordinance. So I'll pass the gavel and I'll make the motion. Vice Chair Carollo: There's a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Second for discussion. Vice Chair Carollo: Seconded by Commissioner Suarez for discussion. Go ahead. Commissioner Suarez: Thank you, Mr. Chairman. And I want to applaud and acknowledge the Chairman's proposition of this change in the ordinance to address what is a big, big problem in the City of Miami, and also I want to acknowledge the Vice Chairman's input in the process by which we essentially obtained a set aside from the CDBG funding to ensure that there are no property owners or a very small class of property owners who would not be eligible to receive payment for the rectification of these -- of this graffiti. And it also -- there's a section in the new ordinance that I believe says that if you, for some reason -- if we run out of funds, for whatever reason, you know, then the person will not be responsible under that scenario, so I think that's important to know that if -- in the event that the CDBG funds are not available, you know, the citizens will not be responsible, which is something that the Vice Chairman and myself expressed a concern about in the prior meetings. I also wanted to acknowledge the Chairman's two amendments, which I think -- or his amendment and his clarification on some of the language of City of Miami Page 39 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 the proposed ordinance, 'cause I was a little confused when I first read it about whether or not the property abutting a right-of-way created an ambiguity, so I -- I'm glad to know that there's case law that clearly defines what that means. And I think the five-day -- you know, the five-day notice requirement is necessary because there's a five-day appeal period, so I think to make it consistent, internally consistent, I think it's necessary to include that language. So, you know, certainly all the concerns that I had with -- I mean, the public policy, I'm completely in favor of. I had some concerns on the drafting, and I think they've been answered. So with that said, I'm completely in favor of this ordinance. Vice Chair Carollo: Any further discussion? I'd like to say, Chairman Sarnoff, first of all, you know, I thank you for bringing this before us, and not only that; allowing the debate to happen. I don't want to say that at times you may have gotten a little frustrated and so forth, but you know, I appreciate that, you know, you allowed us to work together, obviously without breaking the Sunshine, you know, through staff and so forth. But allowed for me to bring issues that I had and so forth and tweak it so that I could join you and we could make this a better ordinance, so you know, I appreciate that, you know, and I thank you for it. And I think -- you know, just like Commissioner Suarez says, I think we actually, you know, made an even better ordinance. So once again, I will be in favor of it, and I appreciate, you know, allowing the chance to defer it in the last meeting and the previous one also, but deferring it so we could all work together and you know, be all proud of this ordinance, so thank you. Commissioner Suarez. Commissioner Suarez: Mr. Chairman, thank you. I just want to say one more thing. I think this signifies a trend. The Chairman's modification of this ordinance signifies a trend that we want to be serious about Code enforcement, that we want to give our Code enforcement ordinances teeth so that we can get these properties moving along. Graffiti is not the only issue. There's abandoned properties in the City. There are vacant properties in the City. There are -- cities [sic] with huge recesses, holes, or whatever you want to call them. And I think you're going to see -- I know from my perspective -- me push to try to get Code enforcement ordinances that have teeth so that we can actually get these properties out of the status quo and start to really improve our neighborhoods. Chair Sarnoff Commissioner. Vice Chair Carollo: Chairman Sarnoff. Chair Sarnoff First, I -- if sometimes I seem frustrated, I guess sometimes I am. I do like -- first off, I love the debate. I really do. And I think a good debate's a great thing. And you do bring a certain sense in caring -- I don't want to say that I don't have, but sometimes I do need to have pointed out to me, and I do appreciate that. And you brought a sense of perspective that I didn't share, and I do share now. I just -- you know, it's interesting when we happen to have -- Commissioner Suarez and I were on the same -- I guess we were on a fire truck for the Three Kings Parade. We were going down Southwest 8th Street and there was a furniture store that just caught my eye. Right next to the furniture store was a store that looked very abandoned and full of graffiti. Andl thought to myself ifI was going to buy furniture, I'm not sure I would have walked into the furniture store for the sight -- unsightliness of his next -door neighbor. I thought it was very unfair to him that that was allowed to go on, and I actually looked at this ordinance closely and studied it and learned it. We could have, for his sake, done the work to correct an existing business and given him the opportunity to sell on his own merits versus a person who has a preconceived notion if there's graffiti right next door, how can the goods that are being sold right next to him be any good, and maybe I think wrongly, but that's how I see life. I use the word season a lot. Season is a word that I hope the nonlawyers will get comfortable with. I know -- actually, Commissioner Suarez would probably know more of it than I do. It simply means -- in colloquially terms, it's the obligation of one owner to another owner; that I, as an owner, have an obligation, ifI live next door to Commissioner Carollo, to keep my house up and in order. And should I become graffitied [sic], immediately remove it 'cause we don't want the City of Miami Page 40 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 broken window theory. And all I'm asking is -- and I absolutely support Commissioner Suarez. If there are ordinances and there are further things we can do to help this City move along -- because this is a city that has a number of absentee landowners, and absentee landowners just, to me, do not seem to have the same respect and same caring as myself as everybody up here who lives here, who shops here, who -- you know, every part of our life exists in Miami. A guy from, no disrespect to Iowa or from Venezuela or from wherever you're from, it's an investment to you, and you look at it differently. And all I'm saying is as part of this concept of season, you have the same obligation that we all have to each other. And I think any law that anybody can create or make better or come up with a new concept, I'm going to support that because the one thing you have to admire about -- and I'm -- I've been corrected by Koteles Alexander. Giuliani was the US Attorney in 1983, so apparently, he was not the District Attorney, although he was earlier. But I like to always point out that I've been corrected, and thank you. A Republican, probably my favorite Republican, Giuliani, he did a great job in New York, and he did it because he had a zero tolerance policy. And if anyone from New York -- I think he would get a 70 percent approval rating, Giuliani, because he set about to make a change. He was unpopular at first in that change, but today he's a legend. So the only thing I want to point out, Mr. Chair, is that I need to -- my motion would be as amended, so the Madam Clerk has told me, and I hope the seconder would accept that. Vice Chair Carollo: Commissioner Suarez. Commissioner Suarez: I will accept it. Vice Chair Carollo: Excellent. Chair Sarnoff All right. Vice Chair Carollo: Anyone from the public wishing to speak on this item? Commissioner Gort: Mr. Chairman, I -- Vice Chair Carollo: Commissioner Gort. I'm sorry; I didn't see you. Commissioner Gort: Since we're discussing the -- this issue, I believe at one time way back when the NET was first formed, you had Code Enforcement working together with the NET administrator within the same office. I think maybe we should start restructuring a lot of the City. We should look at then going back to the -- where the administrator and the Code Enforcement work close door-to-door and with the police officer. That was very helpful. Since we're reconsidering this, maybe we should reconsider that too. Just food for thought. Vice Chair Carollo: Any other discussion from Commissioners? Anyone from the public wishing to speak on this item? Mary Lee Hill: Is this on? Vice Chair Carollo: Name and address for the record, ma'am. Ms. Hill: I am the Mary Lee Hill. And we have a problem concerning a lot of what you have discussed here, because first of all, we're supposed to have mandate orders, and I read in the paper that you had some regulations that you were dealing with with an issue here on 5, okay, but we left out part of the strings that came in on those credentials, mandate orders that -- Vice Chair Carollo: Yeah, but, ma'am, we're discussing -- Ms. Hill: I'm going to get to your point. City of Miami Page 41 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: Yeah. We're discussing SR.3, graffiti. Ms. Hill: Pardon? Vice Chair Carollo: The graffiti ordinance, SR.3. Ms. Hill: Well, graffiti audience [sic], I hear some things that is incorporated into there, which also take on part of what I'm fixing to say. Vice Chair Carollo: Okay. Just get to your point and, you know -- Ms. Hill: Thank you. Vice Chair Carollo: -- please. Ms. Hill: I -- You see, this is -- we kind of don't seem to want to hear things that will straighten us out, especially at this local level here. And this is very important for us to listen. Like he mention about the status quo and that monies that coming in here. We need to get the basics. We don't -- there is audience [sic] under that regulations that you all talking about the monies and how to divide it up and all these issues here, so that's why I'm speaking because this concern all these issues that you have spoke here today. So it doesn't be one issue because the main thing is the financing. We getting cutbacks. We getting people who with the homes. We are -- they're losing the homes. And graffiti is good, but we have more issues here need to be addressed other than just this stuff here. We have the strengths of regulations that you mentioned, which -- that is not complete with the mandate orders. You left out rules and regulations, how to implement those funds. Vice Chair Carollo: Ma'am, this has nothing to do with audits. This has nothing to do with audits. That issue -- Ms. Hill: I know it's nothing to do with audits. Vice Chair Carollo: -- will be coming -- Ms. Hill: I'm talking about from the CDBG, these funds that going to finance all of these programs and all these issues that you're talking about. Vice Chair Carollo: Okay. Ms. Hill: That's where I'm coming from. Vice Chair Carollo: Thank you, ma'am. Your time is up. Ms. Hill: And this is what we need to do. We are not -- Vice Chair Carollo: Ma'am, your time is up. Thank you. Ms. Hill: My time is up? Vice Chair Carollo: Yeah. You could speak on another item, but your time is up for right now. Ms. Hill: Okay. Vice Chair Carollo: Thank you. City of Miami Page 42 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Hill: So thank you too, but we will straighten this out down here. Vice Chair Carollo: We certainly will. Thank you. Anyone else from the audience wishing to speak on this item? Anyone else from the audience wishing to speak on this item? Seeing none, the public hearing is closed; back to the Commission. Any further discussion? Madam City Attorney, it's an ordinance. Please read it for the record. Julie O. Bru (City Attorney): Yes, Mr. Vice Chair. And just for the record, there were some amendments, including what the Chairman put on the record about including a five-day notice period. And also just from a drafting perspective, nothing substantive, we're just incorporating the penalties that are already provided for under Florida Statute 806.13 as opposed to just describing them in the body of the ordinance. Those are just drafting, but I just wanted to put it on the record. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, as amended, 5-0. City of Miami Page 43 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 FR.1 08-00687 Department of Employee Relations ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE IV/DIVISION 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST," TO INCREASE THE PERCENTAGE OF PERMISSIBLE INVESTMENTS; REMOVE THE LIMITATIONS ON INVESTMENTS IN EURODOLLAR SECURITIES AND FOREIGN CREDITS; AMEND AND UPDATE THE ORDINANCE LANGUAGE; MORE PARTICULARLY BY AMENDING SECTIONS 40-245, 40-254, 40-255 AND 40-266 RELATED TO CREDIT FOR CONTINUOUS SERVICE AS A NONMEMBER; ACCIDENTAL DISABILITY RETIREMENT; SERVICE INCURRED DISABILITY; AND TRANSFER OF ACCUMULATED LEAVE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 08-00687 Legislation 3-11-10 FR/SR.pdf 08-00687 Summary Form 12-17-09 FR/SR.pdf 08-00687 Actuarial 12-17-09 FR/SR.pdf 08-00687 Cost Impact 12-17-09 FR/SR.pdf 08-00687 Reduction Factors 12-17-09 FR/SR.pdf 08-00687 Actuarial Impact 12-17-09 FR/SR.pdf 08-00687 Cost Impact 2 12-17-09 FR/SRpdf 08-00687 Memo 12-17-09 FR/SR.pdf 08-00687-Submittal-Charlie Cox.pdf 08-00687-E-mail-Pension- Union Negotiations Update April 22, 2010.pdf 08-00687-Memo-City Manager.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Carollo, Gort and Dunn II Noes: 2 - Commissioner(s) Sarnoff and Suarez Chair Sarnoff All right. FR.3. Commissioner Dunn, this indicates -- it's on page 14 -- that you are the propounder of this. Did I move too far? Commissioner Gort: Which one are you --? Chair Sarnoff Did I skip one? I -- did I --? Unidentified Speaker: Yes. Commissioner Dunn: No. FR (First Reading) -- yeah. Chair Sarnoff Oh, I apologize. FR.1. I apologize. Commissioner Dunn: Yeah. Chair Sarnoff. Ron Silver must have been panicking out there. What's going on? City of Miami Page.I.i Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Elsa Jaramillo-Velez (Interim Director): Good afternoon. Elsa Jaramillo-Velez, on behalf of Employee Relations. FR.1 has been in front of you numerous times, and I know that during the agenda review there were some concern about the actual attachment to the ordinance. That attachment relates to the original, original ordinance that was prepared. Subsequent to that there were some concerns because there was going to be a cost to the City and that was removed. So those particular attachments relate to the original ordinance. We wanted to keep it for the Commission to understand that that was something that had been removed. Chair Sarnoff All right. Jaramillo-Velez: I know that we have representatives from the GESE (General Employees and Sanitation Employees) pension. I can certainly discuss some of the items, but most -- Chair Sarnoff You want to just describe what we're doing just so the folks on TV (Television) --? Ms. Jaramillo-Velez: Sure. What we're essentially doing is -- this is some clean-up language. Let me read just straight from the ordinance. It's to increase the percentage of permissible investments, to remove limitations on investments in Eurodollars, and then there's also some Klein -up language. Chair Sarnoff All right. So essentially, this is an ordinance that allows the pensions to go from a 10 percent to a 15 percent of foreign investment. Is that fair enough? Is that a good descriptor? Ms. Jaramillo-Velez: I would defer that question to just the GESE board so they can explain it. Chair Sarnoff Sorry. Just the GESE board. Ms. Jaramillo-Velez: Okay. Chair Sarnoff All right. Ron, you want to say something? Ron Silver: Yeah. I want to introduce Mr. Cox. This is Ron Silver, 407 Lincoln Road, Miami Beach, attorney for the City of Miami General Employees and Sanitation Employees Retirement Trust. This ordinance has been before you, and I think you've described it very well, Mr. Chairman. But Mr. Cox, I think, has a few words to say. And we also have our investment advisors here to tell us exactly, you know, why they're doing that and what the prospects are. Charlie Cox: Charlie Cox, 4011 West Flagler Street. We have three of our money advisors here, and they will brief you on it and answer any questions that you would like to answer [sicJ. Chair Sarnoff Okay. Wallace Wilson: Wally Wilson, Southeastern Advisory Services. We are the investment consultant for the GESE board. Our home office is Atlanta, Georgia. There are essentially two separate sections of this. There's a number of sections, but part of it deals with investment -related items and then other are more administrative items. On the investment side, which I will speak about, there are basically three things that the GESE board and we advise them or asking for. Number one is a more technical aspect that's to allow our investment advisors in any one security to go up to 7 percent of the total portfolio in that security at market value. It now reads 5 percent at book value. That will allow the investment advisors a little more flexibility. When a security is running, they won't have to sell it because of this restriction. It also allows us to focus on market value rather than book value. The second part of the investment deals with, as the Chairman stated, a request to allow the maximum amount in international securities; equity securities to go to 15 percent from its current level of 10 percent. The State allows pension plans to go up to -- City of Miami Page 45 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 municipal pension plans up to 25 percent. We are asking just for the ability to go to 15. We may not get there for a while, but we'd like to have the ability. We believe, the board believes, and many other investment advisors believe that for probably at least the next ten-year period that international equities are really going to be the place to be. The third again is a more of a technical item to allow the investment in fixed income securities to include Eurodollar and foreign credits by the -- if this is allowed, by the investment policy. The maximum that this could go to would be 3 percent of the total portfolio. So with that, any questions on those parts of the ordinance, I'd be more than happy to attempt to address. Chair Sarnoff All right. Let's do this. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff All right, we have a motion by Commissioner Gort. Is there a second? Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. Let me open it up to the public. Anyone from the public wish to be heard on FR.1, which is the amendment to the GESE pension fund -- wishing to be heard, please step up now. Hearing none, seeing none, it comes back to the Commission for discussion, gentlemen. Commissioner Suarez: Mr. Chairman. Chair Sarnoff You're wel -- you're -- sorry. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I just want to -- I think we had this originally as a discussion item in the last or few Commission meetings ago, and I just want to reiterate to my colleagues the same concerns that I expressed when we were discussing this. I'm assuming that the reason why the pension -- why the GESE employees are requesting this is because they feel that they can get a higher yield on their investments. Is that correct? Mr. Wilson: It is both a higher return and a increase in diversity there -- diversification; therefore, a decrease in risk of the total portfolio. Commissioner Suarez: It's a decrease in risk in the total portfolio? Mr. Wilson: That's correct. As we allow more diversification in the portfolio, there, by definition, then becomes a less risk. Commissioner Suarez: Interesting. That's an interesting argument. So you're saying that even though that you -- we would allow for a higher yield, we would somehow have a higher yield and a lower risk at the same time? Mr. Wilson: Correct. Right now we are -- we have a maximum of IO percent in international equity securities. Commissioner Suarez: Right. Mr. Wilson: That means we have nine times the amount of domestic securities as international. As we -- if we would allow more international, that would further diversift the portfolio, allowing for less overall risk. Commissioner Suarez: What's the savings and risk from divers ing? City of Miami Page 46 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Wilson: The savings and risk? Commissioner Suarez: Yeah. What's the -- when you divers, you -- you have a reversed beta, correct? Mr. Wilson: A -- I'm sorry? Commissioner Suarez: A negative beta? In other words, you're diversing so when something may go up, something else may go down; or something goes up -- Mr. Wilson: Exactly right. Commissioner Suarez: Right. So it's a reversed beta. Mr. Wilson: Exactly right. Commissioner Suarez: What's the -- you made a very broad statement, which is that somehow we can invest in riskier instruments, and yet, it be -- in instruments that provide a higher yield, and yet, it's less risky. And that, to me -- I'm a finance, you know -- graduated in Finance and that, to me, violates a very simple principle of finance, so I just want a little bit better explanation because to me it doesn't -- Mr. Wilson: Okay. Commissioner Suarez: -- seem to add up. Mr. Wilson: Well, risk is defined in terms of standard deviation of return. The basic example might be if you had a hundred percent fixed income portfolio -- Commissioner Suarez: Right. Mr. Wilson: -- if you add domestic equities to that, which many people would view as a riskier investment, you diversify the portfolio and therefore you have less risk because -- Commissioner Suarez: Over all. Mr. Wilson: Over all. Exactly right. Commissioner Suarez: Okay. And who guarantees or -- it's the same concern that I expressed in a discussion and I expressed it privately to Mr. Cox. If, in fact, your investment projections, if your assumptions that investing in these foreign instruments in conjunction with the diversification doesn't work out exactly the way that you had planned or estimated, who is -- who bears the loss on those decisions? Mr. Wilson: The City is the ultimate fundor [sic] of the pension plan. The employees kick in a fixed amount. The City then funds the actuarial required balance to properly fund the plan. Commissioner Suarez: And what account does that come out of that guarantee that the citizens of the City of Miami make on these investments? What fund is utilized to pay -- if there were a loss, what fund pays for that loss? Mr. Wilson: I respectfully suggest that that's more of an answer for the City as to what fund. I'm not an accountant of the City. I don't know what fund their money comes out of. I'm sorry. Commissioner Suarez: Mr. Chair. City of Miami Page 47 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff Absolutely. Go ahead. Commissioner Suarez: Through the Chair, Mr. Manager, can you answer that question? What fund would these monies, if there were a loss, if there estimates that these investments while being -- well, generating a higher yield somehow are less risky because they increase the diversification of the portfolio. If their assumptions are incorrect and we lose money on those investments, what fund would the City of Miami utilize to pay those losses? Carlos A. Migoya (City Manager): The general fund is where it's been coming out of. Commissioner Suarez: Thank you, Mr. Manager. Mr. Silver: Could I respond to Commissioner Suarez for a second? Chair Sarnoff Was the Manager's response incorrect? Mr. Silver: No. He's correct. Chair Sarnoff. Okay. Mr. Silver: But I just wanted to amplij5r something -- Chair Sarnoff On what the Manager said? Mr. Silver: -- that -- no. Commissioner Suarez asked a question of our -- Chair Sarnoff You want to have a colloquy with Commissioner Suarez? Mr. Silver: Yes. Chair Sarnoff. Go ahead. Mr. Silver: I would love to. Yes. Since we're both Finance majors -- I don't know where he graduated from, but we may have a different -- Chair Sarnoff. He didn't say he graduated. Mr. Silver: Oh, okay. I'm sorry. Commissioner Suarez: I did graduate actually. Mr. Silver: It's the same question if we're right on this -- Commissioner Suarez: Right. Mr. Silver: -- and you're wrong, then you're still going to have more losses because what we're trying to do here is reduce the City's contribution to the pension fund. And we are relying on our professional advisors -- Commissioner Suarez: Right. Mr. Silver: -- that suggest that this is the way to do it. These are professional advisors. And they're not the only ones. City of Miami Page 48 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Suarez: Can I ask you --? Can I just stop you right there? Mr. Silver: Sure. Commissioner Suarez: Mr. Chairman. Chair Sarnoff No. Go ahead. Commissioner Suarez: Are those the same --? What's our current yield on our GESE pension fund? What's our current yield right now? Mr. Silver: Okay. I'm only the attorney. Commissioner Suarez: Okay. Chair Sarnoff Notice how the lawyers run away from numbers. Commissioner Suarez: What's the current yield, Charlie, the current yield? Yeah. Commissioner Gort: State it on the record, please. Chair Sarnoff I think they want you to go back and say it on the record. Commissioner Gort: State it on the record, please. Mr. Cox: I'm sorry. What I did was give him a copy of our returns from when we were -- what was it, 2000 -- Commissioner Suarez: Two thousand nine -- Mr. Cox: -- 9 -- Commissioner Suarez: -- last year. Mr. Cox: -- to 2010. Commissioner Suarez: What's the current -- what was the yield on the GESE fund? Mr. Cox: On the GESE fund -- Commissioner Suarez: Yes. Mr. Cox: -- last year? Commissioner Suarez: Yes. Mr. Cox: Negative one. Commissioner Suarez: So we're going to rely on the same money managers that provided us with a negative one percent yield on our GESE fund? Mr. Cox: You tell me a fund in this country that did better than negative one last year, unless you went straight by the bond market, which is 4 percent. I can tell you some of the things we've done over the years, I can tell you that we are at 8.1, which the Herald loves to quote, okay, but yet, how many years did we surpass that 8.1 percent? Many years. And I gave you the back up. City of Miami Page 49 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Suarez: Yeah. And I'm not disputing that, by the way. Mr. Cox: I gave you the back up on -- we saved the City back -- when we were in a financial crisis, we resettled Gates. How many millions was that? You have the paperwork on that. We returned last year -- here's something for all of you can look at. We returned last year on foreign investments 31.78. When we returned the S&P (Standard & Poor's) 500: 26.48. Are we getting killed in the real estate market? Yes. But for years did we do well? Yes. Commissioner Suarez: No. And I -- let me tell you, Charlie, I agree with you with what you're saying in -- you did give me those numbers, and I know that -- I know the history. You educated me on the history of the fund. My thing is, you know, we are going to now be deciding whether we're going to allow the pension fund to -- based on our money managers, who have been managing our money at a stellar rate of return of negative 1 percent -- to -- we're going to now give them more discretion to invest our money in instruments that they feel are going to provide a higher yield, and yet, if it doesn't provide a higher yield, then we, the City of Miami taxpayers, have to fund from our general fund that loss. Mr. Silver: If might, Mr. Chairman. Commissioner Suarez: That's -- I'm just stating the facts. I mean, those are the facts. Mr. Silver: Commissioner Suarez, I -- you know -- Commissioner Suarez: Sure. Mr. Silver: -- with all due respect, I think that's a very unfair situation, because all over the country -- I mean, in everybody's individual portfolio, everybody went down. So I think trying to rely on that minus point one is not good because we've had, as Charlie said, 17, 20 percent. But I just want to point out to the Chairman, who's a lawyer, and you, the Florida Bar in recent articles has just indicated that because of their foreign investments, they have been able to soliddy their position. And this is Mr. Kaminski, who's the Chairman of the Finance Committee, and he said the investment committee is continuing to study a recommendation from its advisors to further diversify its portfolio by reducing investments in domestic stocks, increasing them in international equities, and using other investment vehicles. And this is the key. They don't expect US stocks to do as well in the next ten years. Now, I bring that to your attention because not only our investment advisor, but other investment advisors are saying the same thing. So again, I have a great deal of respect for you, but I think that, you know, situation where you're quoting that minus one 1 percent is unfair. Commissioner Suarez: Well, Mr. Chairman. Chair Sarnoff No. Continue your colloquy. Commissioner Suarez: Thank you. I don't think I'm trying to -- what I'm trying to do is highlight the process. I'm not making an argument in favor or against investing in these particular instruments. You may be right that everyone in the world now is -- wants to diversdy their portfolio by investing more in foreign instruments and the Florida Bar's a good example. The difference is in the case of the Florida Bar, if they lose the money, if they make a mistake, if their assumption isn't correct, they bear the loss as an institution or as an entity. In our case, if we allow the pension fund managers to manage that money and it doesn't work out, the City of Miami, who's having general fund issues and reserve account issues, is the one that's going to be responsible for making up that difference. Mr. Silver: And the reverse is true. If we're right, you have less of a contribution to make. City of Miami Page 50 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Suarez: I agree, I agree, I agree. So -- I agree. Chair Sarnoff Any other Commissioners? Commissioner Gort: I have a question. My understanding is that any money managers that does not perform within 90 percent of the medium is automatically fired. In other words, performance is one of the ways that, my understanding is, the investors are maintained. If they don't perform, they're out. Mr. Silver: No. Commissioner Gort: Am I correct? Mr. Silver: It's not automatic. The board has to take the action, but we have done that. Commissioner Gort: But my understanding is -- Mr. Silver: We have done that on several requests. Commissioner Gort: -- it's automatic with the action from the board. Mr. Silver: But -- yeah, the board has to take the action -- we have done that with money managers who have not performed. We have not hesitated to get rid of them. Chair Sarnoff All right. Commissioner -- no? I guess I'd like to say a few things 'cause I often wondered ifI had the opportunity to vote for NAFTA (North American Free Trade Agreement), would I have done it. And it's a hard decision to make. Would I have voted for CETA (Comprehensive Employment and Training Act)? These are all trade agreements that have probably placed more jobs outside of America. Whether that was their intent or nonintent, the result has been displacement of a great deal of jobs, in my opinion; equally, a great deal of wealth. And now institutions of America, for instance GESE, comes to us and suggests that if we're allowed to increase our foreign investment, that would stabilize the City of Miami's pension. I could get into that issue for a moment. I might. But philosophically, I ask myself if every other Commissioner from every municipality across the nation were making this decision right now, if every County, every state were equally making this decision to increase their foreign investment, what result would that be in the capital markets in the United States? Would it be a 10, 15 percent drain in capital markets in the stock exchange across America? Institutional investors would head towards where? Some people would say Europe and maybe you would suggest that, but I would suggest to you, with the Greek situation, I don't think that's where your foreign investment's going to go. You could argue you're going to China. Maybe you will. But the ability to invest in China is extremely restricted with that communist country and the ability to harbor and hold investments is not very well respected. You could suggest the Middle East. We all know all the money in the world exists there. However, the volatility of that region may be an unfair risk to investors and maybe more so to taxpayers of the City of Miami. So on the one handl think to myself ifI had the opportunity to vote for NAFTA, I probably would have said no. So now I have the opportunity to move, from the City of Miami standpoint, large amounts of capital overseas. And do I take that opportunity as a Commissioner to do that in the theory and the guise that I'm going to help reduce the City of Miami taxpayers' exposure to losses? And ifI get past the philosophical import of that, which is it's okay to make this a worldwide economy and to make sure that the world is very sustainable and even if that means some depletion of American capital, the greater good is served because part of the greater good is the stabilization of the City of Miami's GESE pension fund. I'm just not convinced that I'm going to have to ask the City Manager, who I think has a great deal of wealth and experience in this just because of who you are and what you've done -- philosophically, I'm not going to ask you to pipe in because City of Miami Page 51 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 I guess you have -- well, I'd love to hear your philosophy, and then I'd like to hear whether you think it's a true stabilization. Mr. Migoya: Thank you, Mr. Chairman. Commissioner Suarez is correct that the higher the return, the higher the risk, but in this case what we're talk -- what they're talking about here is diversification of portfolio deals with the fact that foreign portfolios have been having a higher performance than domestic performance. So by diversifying, you're actually lifting the risk -- lifting the return and not necessarily the risk, so from that standpoint. What they're asking for is pretty reasonable. And what you're discussing, Mr. Chairman, every -- not just every municipality, but just about every fund in the United States or all over the world have diversified more away from the United States and into other funds, and the challenge, what you're talking about investing in the US is one thing. The other challenge, which is closer to my heart at this point in time is looking at the deficit of the City of Miami. And if we can find ways -- and a 5 percent swing is not a big swing by the way, so it's not -- we're not going to have an enormous improvement on the overall yield of the portfolio, but it should help some, the performance of the yield. And right now we need all the help we can get, so I would say that this is normal with what's going on in the market everywhere and most likely -- I'm not saying that it will because I don't know who the investment managers or anything else, but -- and we can't get an opinion, as I understand, on the investment managers 'cause that's not our role, so -- but I think that this would be the prudent thing to do. Chair Sarnoff Well, let me ask you this. If 30 percent -- let's just take one out of three -- if 33 percent of all municipalities, institutional investors, counties, states, large hedge funds moved their money out of US market to the tune of 7 percent, what would the result be in the American capital markets? Mr. Migoya: Hopefully, what that will do is wake up the US markets to start having higher performance, but I think, today, more than 33 percent -- and I don't know the number, so I -- let me qual, but I would -- and I'm not a betting guy, but I would bet that more than 33 percent of the municipalities have already done this. Commissioner Gort: Yeah. Chair Sarnoff Go ahead, Commissioner Gort. Commissioner Gort: My question then, who's investing in the United States? You have China, Japan and all those to invest in a lot -- billions of dollars in the United States, so it's a two-way street. At 5 percent, I don't see as much of a risk to be taking, and the -- and let's face it, the foreign market -- international market is doing a lot better. I disagree with you. I would have voted for NAFTA, 'cause let's face it. We no longer the leaders in economics throughout the world. It's becoming a world economy, and we got to be able to deal with everyone throughout the world. I don't see -- personally, I don't see a problem in diversing 5 percent. Chair Sarnoff. Okay. Anyone else wishing to be heard, from the Commission? No? All right. SR (Second Reading) -- I'm sorry. I'm on FR.1. Madam City Attorney, it is an ordinance. Julie O. Bru (City Attorney): Okay. 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: Vice Chair Carollo? City of Miami Page 52 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff: No. Ms. Thompson: Your -- Mr. Silver: Thank you. Ms. Thompson: -- ordinance has been passed on first reading, 3-2. Commissioner Gort: When will the second reading take place? Ms. Brit: It comes back on the next regular meeting, which is April 8, I believe? Commissioner Gort: Well, I can -- hope you can come back with some good news. Chair Sarnoff: All right. FR.2 ORDINANCE 10-00176 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "OFFENSES -MISCELLANEOUS", TO ESTABLISH A METHOD TO PROVIDE FOOD OR BEVERAGES TO HOMELESS INDIVIDUALS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00176 Legislation.pdf SPONSOR:CHAIRMAN SARNOFF 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, Samoff, Suarez and Dunn II Commissioner Gort: Mr. Chairman, my understanding, you deferred FR.2, and I believe a lot of people are here for that item that are not aware that it's been deferred. Chair Sarnoff. I actually went outside and told them -- Commissioner Gort: Oh, okay. Chair Sarnoff. -- so I don't -- they may want to stay, and that's certainly their privilege -- City of Miami Page 53 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Gort: Okay. Chair Sarnoff. -- to stay if they'd like to. FR.3 ORDINANCE First Reading 10-00238 District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 18/ ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS RichardDunnll AMENDED, ENTITLED "FINANCE/SALES OR LEASE OF CITY'S REAL PROPERTY", MORE PARTICULARLY BY AMENDING SECTION 18-176, ENTITLED "METHODS AND PROCEDURES FOR SALES AND LEASES", TO REQUIRE FOUR AFFIRMATIVES VOTE OF THE CITY COMMISSION TO APPROVE DEFERRALS, ABATEMENTS, CREDITS, OR OTHER REDUCTION IN PAYMENTS ON LEASES OR OTHER AGREEMENTS RELATING TO THE USE OF THE CITY OF MIAMI'S REAL PROPERTY; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00238 Legislation FR/SR.pdf 10-00238 Memo FR/SR.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right. Where are we, gentlemen? We just finished FR.2 [sic]. Vice Chair Carollo: No. We -- Priscilla A. Thompson (City Clerk): You have -- FR.2 was continued, so you have -- Chair Sarnoff Right. Ms. Thompson: -- FR.3. Chair Sarnoff FR.3. Thank you, Madam Clerk. Commissioner Gort: You did away with R1 [sic] and R2 [sic]. Chair Sarnoff. We -- RI [sic], R2 [sic] is done. Commissioner Gort: RE.1 and -- Commissioner Dunn: No. We -- Chair Sarnoff. Are -- we're on FR.3. Commissioner Dunn: We're on FR.3. Vice Chair Carollo: FR.3. Commissioner Dunn: Yeah. Chair Sarnoff This is CommissionerDunn's. Commissioner Gort: Okay. City of Miami Page 54 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Mr. Chair. All right. I was waiting on -- I'd like to move this item, and we can discuss it. Chair Sarnoff Could you just put a small just brief header so that folks on the -- Commissioner Dunn: Okay. Chair Sarnoff -- TV (Television) can know what we're doing? Commissioner Dunn: Okay. This -- Mr. Chair and to Commissioners, to the residents, this amendment is prompted by the City's financial circumstances that we've been talking about. I believe that the City can no longer afford to give up revenues so easily, and so this is really to send a message to our lessee that we're serious about getting our financial house in order. What this simply means that if we're going to adjust rental income downward, it would require a super majority of four votes, and the lessee is going to have to produce audited financial statements to prove why a reduction to the City is in the public's best interest. So we're just really amending it or proposing to amend it for a super majority vote. Commissioner Gort: Second. Chair Sarnoff All right, so we have a motion by Commissioner Dunn. We have a second by Commissioner Gort. This is an ordinance, FR.3. Anyone from the general public wishing to be heard on FR.3? Public hearing is opened; public hearing is closed, coming back to the Commission. Anyone wishing to discuss FR.3? My hat's off to you. I think it's a great ordinance. Commissioner Dunn: Let me just add as a caveat too. This will not apply to park permits. Chair Sarnoff To who? Commissioner Dunn: This will not -- this amendment will not apply to park permits. Chair Sarnoff To park permits. Commissioner Dunn: Yes. Chair Sarnoff I thought I read it -- I thought it would apply to all permitting. Am I wrong on that? Commissioner Dunn: It doesn't apply to park permits. We can ask Madam -- let me see. Julie O. Bru (City Attorney): I know that there are other provisions in our Code that deal with, for example, the use of ball fields by nonprofit organizations or student groups, so those would continue to stand on their own. And what we'll do between first and second to make sure that if there's any conflict, we will take care of it on second reading. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: If we would -- if we can hear from Ms. Valdes, it -- Madeline Valdes: Madeline Valdes, Department of Public Facilities. This section of the Code only deals with the use of City property as it refers to tenants' leases, revocable license City of Miami Page 55 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 agreement, use agreements, and permits for use. It does not include park permits. It only refers to the section of the code that deals with the lease. Chair Sarnoff Yeah, but when I -- when you said permits, and if it's City property -- Ms. Valdes: We also provide permits for use for a period of time. Park permits are only related to two or three days. Chair Sarnoff Right. Ms. Valdes: Our permits can be extended for a period of time. So it does not include any permits that are issued by Parks. Chair Sarnoff I would check my language here 'cause I think it's going to capture that, but I'll let the City Attorney decide that. Ms. Bru: No, no. We will take a look at it between first and second to make sure that if there's any ambiguity, we will specifically exclude those park permits that are dealt with nonprofits, schools, the use of ball fields, and the like. I know that there's some specific language in other sections of the Code that deal with that. Ms. Valdez: That's correct. Chair Sarnoff All right. Ms. Thompson: Chair, if might? Chair Sarnoff Yes, ma'am. Ms. Thompson: I do have in my possession a substitute ordinance for FR.3. Ms. Bru: Right. It was just redrafting, and I'll just read it into the record to make sure that it's clear. Ms. Thompson: Thank you. Chair Sarnoff No substantive changes? Ms. Bru: No substantive change. Chair Sarnoff. Okay. All right, anyone else wishing to be heard? All right. Madam City Attorney, it is an ordinance. Ms. Bru: Okay. So I'll just read the actual ordinance into the record, the actual sections. It's -- this is amending Section 18-176 of the Code, and it's going to provide that in order to facilitate the implementation of a City policy before considering proposals requiring deferrals, abatement, credits, or other reductions in payments to the City for leases and any other agreements for the use of the City really property, including but not limited to license agreements, permits, use agreements, and other related agreements, four affirmative votes of the City Commission shall be required for approval of any such deferral, abatement, credit, or other reduction in payments. And before the City considers proposals requiring deferrals, abatements, credits, or other reductions in payments to the City for leases and any and all other agreements for the use of City real property, the lessee or party using the City's property shall provide an audited financial statement. Audited financial statements shall be prepared in accordance with generally accepted accounting principles in the United States, be complete, and include all notes to the statements City of Miami Page 56 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 and any auditor reports associated with the audited financial statements and included if associated with the financial statements and auditor's opinion. So the title is -- The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Chair Sarnoff All right, RE.3. Ms. Thompson: I'm sorry, as modified. City of Miami Page 57 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.1 09-01363a RE.2 09-01364a RE.3 10-00184 Department of Fire -Rescue RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY ATTORNEY JULIE O. BRU, ESQUIRE. 09-01363a Legislation.pdf 09-01363a-Exhibit SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: The item was deferred to the City Commission meeting currently scheduled for March 25, 2010. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE SALARY AND BENEFITS FOR CITY CLERK PRISCILLAA. THOMPSON. 09-01364a Legislation.pdf 09-01364a-Exhibit SUB.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Note for the Record: The item was deferred to the City Commission meeting currently scheduled for March 25, 2010. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE VILLAGE OF KEY BISCAYNE (THE "VILLAGE") TO PROVIDE FIRE RESCUE, AUTOMATIC AID AND ANCILLARY SERVICES TO THE VILLAGE, FORA PERIOD OF FIVE YEARS, COMMENCING APRIL 1, 2010 THROUGH MARCH 31, 2015. 10-00184 Legislation.pdf 10-00184 Exhibit.pdf 10-00184 Summary Form.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-10-0100 City of Miami Page 58 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff RE.3, it's on page 15, gentlemen. RE.3 is a resolution. Commissioner Gort: You need a motion? Chair Sarnoff Oh, I'm sorry. I thought you present something. Maurice Kemp (Fire Chief): No. It's a reso -- Chair Sarnoff Just tell us what it is. Fire Chief Kemp: -- resolution authorizing the City Manager -- first of all, Maurice Kemp, fire chief -- to execute an agreement between the City of Miami and the Village of Key Biscayne to provide fire rescue automatic aide and ancillary services for five years. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: So moved. Commissioner Gort: Move it. Chair Sarnoff Moved by Commissioner Dunn, second by Commissioner Gort. This is a public hearing. Anybody from the public -- is this a public hearing, Madam Clerk? It is not. Vice Chair Carollo: No. Chair Sarnoff All right. Any discussion, gentlemen? All right, hearing none, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Have a unanimous vote, Madam Clerk. Priscilla A. Thompson (City Clerk): Thank you. Fire Chief Kemp: Thank you. RE.4 RESOLUTION 10-00178 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Information ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A Technology LICENSE AGREEMENT FOR PROPRIETARY SOFTWARE PRODUCTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH B & LASSOCIATES, INC., PURSUANT TO SECTION 18-86(A)(3)(D) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, FOR THE CONTINUED RE -LICENSING, MAINTENANCE AND PRODUCT SUPPORT OF ITS PROPRIETARY SOFTWARE, FOR AN INITIAL PERIOD OF ONE (1) YEAR, WITH THE OPTION TO EXTEND FOR ONE (1) ADDITIONAL YEAR, WITH LICENSE FEES NOT TO EXCEED THE AMOUNT OF $40,968 ANNUALLY, AND MAINTENANCE AND PRODUCT SUPPORT, IN THE AMOUNT NOT TO EXCEED $42,768 ANNUALLY; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.251000.546000.0.0, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City of Miami Page 59 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 10-00178 Legislation.pdf 10-00178 Exhibit.pdf 10-00178 Summary Form.pdf 10-00178 Letter.pdf 10-00178 Master Report.pdf 10-00178 Master Report 2.pdf 10-00178 Pre Legislation.pdf 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, Samoff, Suarez and Dunn II R-10-0101 Chair Sarnoff. RE.4. You're recognized for the record. Peter Korinis: Thank you, Mr. Chair. Peter Korinis, chief information officer. RE.4 is a resolution that requests approval to execute an agreement to relicense software and the support of that software. The total cost is about $83, 000 annually. The software provides mainframe archiving and retrieval of logs and other records that have been recorded and kept for some period of time. And the funding is in the current IT (Information Technology) budget. Chair Sarnoff. All right. Is there a motion on RE.4? Commissioner Dunn: So moved. Chair Sarnoff. Motion by Commissioner Dunn. Vice Chair Carollo: Second. Chair Sarnoff. Second by Commissioner Carollo. Gentlemen, any discussion? All right, no discussion. Hearing no discussion. RE.4, all in favor, please say aye." " The Commission (Collectively): Aye. ChairSarnoff. Five -oh vote on what call a very slow second. RE.5 RESOLUTION 09-00940 Civilian Investigative A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Panel ATTACHMENT(S), APPROVING THE TOTAL ANNUAL BUDGET FOR THE CIVILIAN INVESTIGATIVE PANEL, IN THE AMOUNT OF $464,000, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2009 AND ENDING SEPTEMBER 30, 2010. 09-00940 Legislation 3-11-10.pdf 09-00940 Exhibit 3-11-10.pdf 09-00940 Exhibit 2 3-11-10.pdf 09-00940 Cover Memo 3-11-10.pdf 09-00940 Cover Memo 2 3-11-10.pdf 09-00940 Table of Organization 3-11-10.pdf 09-00940 Board Resolution 3-11-10.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 60 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0102 Direction by Commissioner Dunn to the City Attorney to request all Civilian Investigative Panel communications between panel members and Steve Wolf. Chair Sarnoff. RE.5. Thomas Rebull: Good afternoon. Tom Rebull. I'm the chairman of the Civilian Investigative Panel, office at, I think, until recently, 155 South Miami Avenue. We're here on the budget resolution. I wasn't at the last Commission meeting. It's my understanding we were asked to come back with a line item budget. We've done so. We've met with the City Manager's office. It's at 464, so we'd ask that it respectfully be approved. Chair Sarnoff. All right. Do we have a motion on RE.5? Commissioner Dunn: So moved. Vice Chair Carollo: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Vice Chair. Any discussion, gentlemen? Discussion, Commissioner Suarez. Commissioner Suarez: Mr. Rebull, thank you for coming. I just want to -- I looked at your revised budget and the line item reductions that you made in the budget, and I just want to commend you for observing and perceiving what the will of the Commission was heading and the direction that we were heading in reducing your independent counsel fees by $40,000, which is -- it's almost 30 percent, so that's very, very, very commendable, and just wanted to, you know, thank you for listening to our concerns. Mr. Rebull: Well, thank you. I wanted to take the opportunity to thank the independent counsel 'cause he had a contract with us and he did this voluntarily without trying to force the issue on the contract, so he worked with us also, and I appreciate that. !Later...J" Chair Sarnoff All right, so RE.5. We have a -- Commissioner Dunn: Yes. I'm sorry. Chair Sarnoff I'm sorry. Priscilla A. Thompson (City Clerk): Is -- I'm sorry, Chair. Commissioner Gort: I'd like to -- I spoke to someone that would be interested in being part of the board, and if you continue it -- the procedures that they would have to follow, I would like for him to do it. Mr. Rebull: They can just contact the office and we'll be happy to give them an application, which has the information, the minimum qualifications to serve on the panel, and be happy to do that. Chair Sarnoff Well, you bring up a -- well, I'm going to get to Commissioner Dunn. But you bring up a good point. Are some of those applications so old that the people no longer want them and then does this Commission want to have the ability about having other people -- ? I City of Miami Page 61 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 mean, I know you don't take our recommendations. I know you guys -- well, you actually have an appointment process, don't you? Mr. Rebull: We do, but we anticipated that question, and we've reached out to those folks whose names were submitted several months ago to reconfirm their interest. And in fact, in one case we're unable to communicate with the gentleman so we withdrew that name from consideration, but the other three folks still expressed their interest in serving. Chair Sarnoff So do you -- I also want to make sure that each Commissioner has the opportunity to present to your committee that does this approving the ability to -- for you to consider one of their appointments. I don't want to say that 'cause it's not one of their appointments. It's a little different. Mr. Rebull: Every time that there's a vacancy, Commissioners, we not each Commissioner's office. We let them know among -- along with many other community groups and organizations, I do it myself, the staff does it, to solicit and let them know we have applications, go to the web site, call us; we'll give you the application. Please let us know, so -- Chair Sarnoff Let me do this. Let me put it -- let me ask the Manager to bring this back in 30 days so that if any of the Commissioners want to submit some names in 30 days, you would, I think, have some opportunity to vet them and put them before this board for approval. Mr. Rebull: Okay. All right. Chair Sarnoff Is that all right? Ms. Thompson: Chair, if I might? If you can -- if I might? Chair Sarnoff. Go ahead. Ms. Thompson: The item I think you're speaking about would be BC.4, Board and Committee appointments 4 that is scheduled on your agenda today. So now I'm trying to make sure, as your record keeper, are you instructing us to continue that item today to the meeting of April 8 so that the Manager and I can be clear and we make sure that the language is stated properly that you take a motion and we can proceed as you wish? Vice Chair Carollo: We have a motion on the floor. Chair Sarnoff All right. Let's take care of the motion as the Vice Chair suggests on the floor, which is to approve their budget, then we will do some instruction and/or resolutions. So we have a -- Commissioner Dunn: Mr. Chair. Chair Sarnoff -- motion on RE.5 and a second, and we have Commissioner Dunn who wants to speak. Commissioner Dunn: Yeah. I did make the motion, but I would like for the City Attorney to request all communications -- CIP communications -- private communications, e-mails (electronic), and any such related items pertaining to e-mails between panel members and Steve Wolf -- I understand that this involves a whistle blower case, and I did receive -- distributed to each Commissioner. I just want to thank you, but I wanted to request that of the City Attorney for the record. Chair Sarnoff Okay. All right. So RE.5, I'm going to call the question. All in favor, please say City of Miami Page 62 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 e. The Commission (Collectively): Aye. Chair Sarnoff All right, you have a 5-0 vote, Madam Clerk. /'Later...J" Chair Sarnoff. All right, so RE.5. We have a -- Commissioner Dunn: Yes. I'm sorry. Chair Sarnoff I'm sorry. Ms. Thompson: Is -- I'm sorry, Chair. Commissioner Gort: I'd like to -- I spoke to someone that would be interested in being part of the board, and if you continue it -- the procedures that they would have to follow, I would like for him to do it. Mr. Rebull: They can just contact the office and we'll be happy to give them an application, which has the information, the minimum qualifications to serve on the panel, and be happy to do that. Chair Sarnoff Well, you bring up a -- well, I'm going to get to Commissioner Dunn. But you bring up a good point. Are some of those applications so old that the people no longer want them and then does this Commission want to have the ability about having other people -- ? I mean, I know you don't take our recommendations. I know you guys -- well, you actually have an appointment process, don't you? Mr. Rebull: We do, but we anticipated that question, and we've reached out to those folks whose names were submitted several months ago to reconfirm their interest. And in fact, in one case we're unable to communicate with the gentleman so we withdrew that name from consideration, but the other three folks still expressed their interest in serving. Chair Sarnoff. So do you -- I also want to make sure that each Commissioner has the opportunity to present to your committee that does this approving the ability to -- for you to consider one of their appointments. I don't want to say that 'cause it's not one of their appointments. It's a little different. Mr. Rebull: Every time that there's a vacancy, Commissioners, we notifir each Commissioner's office. We let them know among -- along with many other community groups and organizations, I do it myself, the staff does it, to solicit and let them know we have applications, go to the web site, call us; we'll give you the application. Please let us know, so -- Chair Sarnoff Let me do this. Let me put it -- let me ask the Manager to bring this back in 30 days so that if any of the Commissioners want to submit some names in 30 days, you would, I think, have some opportunity to vet them and put them before this board for approval. Mr. Rebull: Okay. All right. Chair Sarnoff Is that all right? Ms. Thompson: Chair, if I might? If you can -- if I might? City of Miami Page 63 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.6 09-01457 Department of Capital Improvements Program Chair Sarnoff. Go ahead. Ms. Thompson: The item I think you're speaking about would be BC.4, Board and Committee appointments 4 that is scheduled on your agenda today. So now I'm trying to make sure, as your record keeper, are you instructing us to continue that item today to the meeting of April 8 so that the Manager and I can be clear and we make sure that the language is stated properly that you take a motion and we can proceed as you wish? Vice Chair Carollo: We have a motion on the floor. Chair Sarnoff All right. Let's take care of the motion as the Vice Chair suggests on the floor, which is to approve their budget, then we will do some instruction and/or resolutions. So we have a -- Commissioner Dunn: Mr. Chair. Chair Sarnoff. -- motion on RE.5 and a second, and we have Commissioner Dunn who wants to speak. Commissioner Dunn: Yeah. I did make the motion, but I would like for the City Attorney to request all communications -- CIP communications -- private communications, e-mails (electronic), and any such related items pertaining to e-mails between panel members and Steve Wolf -- I understand that this involves a whistle blower case, and I did receive -- distributed to each Commissioner. That want to thank you, but I wanted to request that of the City Attorney for the record. Chair Sarnoff Okay. All right. So RE.5, I'm going to call the question. All in favor, please say aye. The Commission (Collectively): Aye. Chair Sarnoff All right, you have a 5-0 vote, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH RECREATIONAL DESIGN AND CONSTRUCTION, INC., FOR THE PROVISION OF DESIGN BUILD SERVICES FOR THE DESIGN AND CONSTRUCTION OF THE GIBSON PARK PROJECT, B-30305B ("PROJECT"), FOR PHASES 1A, 1 B, 2A OF THE PROJECT, IN THE FINAL NEGOTIATED AMOUNT OF $9,794,667, PLUS A TEN (10)PERCENT OWNER CONTINGENCY AMOUNT OF $979,446.70, FOR A TOTAL NOT TO EXCEED AMOUNT OF $10,774,133.70; ALLOCATING FUNDS FROM CAPITAL PROJECT NOS. B-30305B, B-30305C, AND FROM THE COMMUNITY REDEVELOPMENT AGENCY ("CRA") PROJECT NO. 92-689001, CONTINGENT UPON THE ASSUMPTION OF RESPONSIBILITY FOR DEBT SERVICE PAYMENTS, BY THE CRA, FOR THE AMOUNT OF $7,932,854, FOR THE PROJECT, TO BE CONTRIBUTED FROM SUNSHINE STATE LOAN NO. 2 PROCEEDS. City of Miami Page 64 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 09-01457 Legislation 3-11-10.pdf 09-01457 Exhibit.pdf 09-01457 Exhibit 2.pdf 09-01457 Exhibit 3.pdf 09-01457 Exhibit 4.pdf 09-01457 Exhibit 5.pdf 09-01457 Exhibit 6.pdf 09-01457 Exhibit 7.pdf 09-01457 Summary Form 3-11-10.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0103 Chair Sarnoff. All right. We are now on RE.6. Commissioner Gort: 6. Ola Aluko: Good afternoon. Ola Aluko, director of Capital Improvements, City of Miami. RE.6 is a resolution being brought before you authorizing the City Manager to execute an agreement with Recreational Design and Construction, Inc., in a not to exceed amount of $10, 774,133 for the design services and construction of the Gibson Park project. RDC (Recreation Design and Construction) was deemed as the lowest responsive bidder in an invitation -- in a RFQ (Request for Qualifications) rather -- RFP (Request for Proposals) for design and construction service of this project. We negotiated RDC down from its original proposal of 14 million to the amount that I just mentioned to you -- actually to 9,794,066 and the balance of it is contingency and staff fees. With that said, I ask for the approval of this item. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? I have some discussion then. You want to go? Commissioner Gort: Yeah. I have some questions. My understanding is how did the debt service to cover this -- those funds, what is the allocation of the funds? Mr. Aluko: The funds are from various sources. We have a million dollar contribution from the CRA (Community Redevelopment Agency). We have another million dollar contribution from the transit half -cent surtax. We have a $7, 932, 000 contribution from Sunshine State loan -- Chair Sarnoff How much? Mr. Aluko: -- 7,932,854 from the Sunshine State loan, and we also have 841,280 from homeland defense bonds one and two interest earnings. Commissioner Gort: The debt service on the Sunshine loan, who's going to be paying for that? Mr. Aluko: I'm sorry, Commissioner. I didn't hear you. City of Miami Page 65 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Gort: Do I --? I don't know. Am I speaking that soft? Jeez, sorry. Commissioner Dunn: You can move -- lean a little to the right. Yeah. Commissioner Gort: The debt service on the Sunshine -- on the $7 million loan -- Mr. Aluko: Yes. Commissioner Gort: -- where's it going to come from? Mr. Aluko: It's my understanding that the general fund will replenish the debt service, the interest. Commissioner Dunn: Let me -- Carlos A. Migoya (City Manager): Mr. Chair -- Commissioner Dunn: Mr. -- yeah. Okay. Mr. Migoya: -- just to clam that -- Commissioner Dunn: No. It's not -- Mr. Migoya: -- the debt service comes from non ad valorem general fund. Commissioner Gort: Non ad valorem general fund? Mr. Migoya: Yes, but it comes from the general fund. It's a loan against -- which the City has to pay general fund money from. Commissioner Dunn: Let me -- we're proposed to have the CRA from the Southeast Overtown/Park West service the debt for the $8 million so there won't be any pressure on the general fund of the City, understanding the nature of where we are right now. Yes. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Go ahead, you're -- for the record, Commissioner Suarez. Commissioner Suarez: I think the last time we talked about the Sunshine State loan fund, I think, Mr. Aluko, you mentioned that the interest is 1 percent. Mr. Aluko: The CFO (Chief Financial Officer) can clarifir that, but, yes, 1 percent. Commissioner Suarez: Okay. Just want to put that on the record so -- you know, we're paying very little interest on these loan monies generally speaking -- Commissioner Dunn: Right. Commissioner Suarez: -- so I just wanted to clarifir that for the record. Larry Spring (Chief Financial Officer): Mr. Chair. Chair Sarnoff Go ahead -- I'm sorry. You're recognized for the record, Mr. Spring. Mr. Spring: Larry Spring, chief financial officer. The interest on the Sunshine State for the last City of Miami Page 66 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 four months has been 1 percent. It is a variable rate debt, but for the last four months, it has been 1 percent. Commissioner Dunn: Mr. Chair, and let me just -- Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: Yes. Thank you. Let me just state for the record again that this is a contract item basically. The funding, as already forestated [sicJ, has already been approved, so I know there's some concerns about the debt service, and I -- again, the CRA will take that. Chair Sarnoff. Does the CRA have to confirm that? Commissioner Dunn: Yes. Commissioner Gort: Yes. Commissioner Dunn: Yes. And we have a meeting on Monday. Mr. Migoya: I believe so. Yes, they do. Chair Sarnoff Is that scheduled for this next CRA to confirm that? Mr. Migoya: I don't know. Commissioner Dunn: We'll put it on. Mr. Migoya: It is? Commissioner Dunn: Yes. Mr. Migoya: I don't have the answer to that. Sorry. Chair Sarnoff I want to hear from my City Manager. Commissioner Dunn: If -- Mr. Migoya: CRA is not -- I'm not the executive of the CRA, Mr. Chairman. Sorry. Commissioner Gort: He got you there. Mr. Migoya: But for the meeting on Monday -- it's coming up for this issue -- Vice Chair Carollo: Table it then. Mr. Migoya: -- on Monday. Commissioner Dunn: Yes. Chair Sarnoff All right. Do you want to speak a little bit? Vice Chair Carollo: Go ahead. I'll yield to you. Chair Sarnoff Welcome to the budget. Welcome to what we're about to go through. This is just a prelude to what you're about to see. Your -- if the CRA does as Commissioner Dunn suggests, City of Miami Page 67 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 and I think that's a policy choice he's making -- that will essentially extinguish the CRA of its TIF (Tax Increment Fund) revenue for that entire year. In other words, the equivalent of the -- well, it's more than the entire year's revenue, which case he's making a conscious decision, certainly one you can make -- that would displace jobs, 'cause the bucket of money is only so big and the bucket will be geared towards youth -- involving the youth, keeping them off the street for very good reasons, probably a big help to the police department, but on the other hand of that equation, you'll find less money or no money for job creation. It's a conscious choice that you make, and it's a choice that this Commission will help vote Commissioner Dunn's will, if you will. Will, if you will. I've always wondered if you could say that. The second issue becomes you're creating more park usage with more buildings that will need operations, maintenance, and security. And I will bet you, Mr. Manager, you will not be increasing Park's budgets this year. I will bet you that you will be decreasing it by upwards of 20 percent. And again, then the question becomes how will we operate the new buildings? And these are all questions we have to ask ourselves going forward. It's not that I'm a bad guy, 'cause I could see Commissioner Dunn's purpose and point here completely. I can also see somebody saying that's a high price to pay for phase I, 'cause there's a phase II on this project as well. And I don't know even know what phase -- what is phase II going to cost? Mr. Aluko: Phase II, as its detailed now, will cost $3.6 million, and that is a gym and a bowling alley. We've been advised by senior administration that some of phase II will have to be rescoped [sic] out if the City chooses to design and build phase II. Chair Sarnoff We'll probably cut out the bowling alley, is my guess. Mr. Aluko: It's being discussed. Chair Sarnoff All right. So we have what appears to be a, let me just say, $15 million project. Mr. Aluko: To be exact, $13.4, not -- $13.490 million. Chair Sarnoff Gotcha. Fourteen million dollars. How are you going to staff that, Mr. Manager? Mr. Migoya: You're not far from the truth. It is a standing park, so there obviously is some maintenance to the current park, and the issue is as we're enhancing the park, there'll be incremental expenses. The fact is -- and you're well aware of what we did here over the last week -- that we're asking already our Parks director to do more with less, and we'll have to continue to try to figure that out as we work not just on this park, but one of the issues is that we have created a lot of parks, which the City needed, and as we did it, that we used infrastructure money for it -- to do that with the parks, but we don't have any money for the operation side, so it's a philosophical question that we have at hand. Chair Sarnoff I got a philosophical answer, but not a direct one. So you have no plan -- you have no hard -etched initiative to staff this park? Mr. Migoya: At this point, we don't have any incremental money for the operations of the park or any of the other parks that are coming online. As we do this, we'll have to figure out how we deal with it, especially into the new budget. Chair Sarnoff Can -- is -- Madam City Attorney, is the CRA allowed to maintain this property, or is that not something that the CRA can do? Julie O. Bru (City Attorney): I'd have to look more carefully, but at first, you know, glance, I don't think that CRA dollars can be used for operational expenses. City of Miami Page 68 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: IfI may, I'm going to ask if we be allowed, at some point, Mr. Washington, who is involved in the Overtown area, particularly in the Gibson Park, can give some data and some factual information about how the park is presently and currently being maintained, particularly when you start talking about the optimist football, optimist basketball, track -- most of the -- I'll let him. He's more versed -- aware -- versed on it, but many of the services that are provided are done from a variety of coaches upwards, and I think what 20, 30 40, 50 coaches, maybe more than that, he can give the information, if we may. I think it'd be better than just -- at some point. Commissioner Gort: Can I --? Chair Sarnoff Go ahead, Commissioner Gort. Commissioner Gort: If I may, could we go with the program, what is it going to be? I haven't had much chance to look at the plans. Can you go over for a minute what are -- the implementations are going to be? Mr. Aluko: Yes. Gibson Park, as initially initiated, was meant to be a replacement park. What do I mean by replacement park? The existing facilities that are there are dilapidated. And what we found out with CIP (Capital Improvements Project) was that we were continue to repair something that was going to continue to be destroyed -- I mean, to be damaged. So we're replacing Gibson Park one for one for what's existing now. What we're replacing is an existing sod athletic field with artificial turf. The existing bleachers that are damaged are being replaced with new bleachers -- and I'm giving you phase I. The existing library is being remodeled into a community meeting hall with classrooms. The existing community meeting hall with classroom is being demolished in its entirety and that will be an open space. So that building will be lost or it will not be replaced. The existing pool, which unfortunately, we could not put anymore monies into, that's been demolished, and we're replacing with a new pool. The exist -- within the building -- within the community center -- within the existing community center were park offices. We're replacing that with a new park office and I believe it's an exercise room that will consist of phase I. And of course, the green area, which is in the front, that's going to be redone, a new vita course and new hard scape, which means benches and things that you put in a green area. Phase II, we're demolishing the existing basketball courts and we're building a gymnasium, which will have a basketball court and volleyball, and whatever other activities that the Parks Department so desires within that gym. And of course, there is the existing concession stand that's going to be replaced. And the only thing that will be new will be the bowling alley, and as I mentioned earlier, that's being discussed right now with the Parks Department as to whether -- if we do go with phase II -- if that bowling alley will be included as part of this. Commissioner Gort: Okay. And I appreciate it. I think phase II is something that come later and phase II could be something that could be joint venture with the private sector. Mr. Aluko: If the City so desires. Commissioner Gort: I mean, you already had a facility that was built there, but -- I forget the name of the facility, where they have the building, the new building, they have the basketball court and -- Mr. Aluko: Oh, yes, the Overtown Youth Center. Commissioner Dunn: Yes. City of Miami Page 69 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Gort: The Youth Center, all right. Mr. Aluko: What we've discussed briefly with Parks is in the event phase II -- first of all, if phase I gets approved, in the event phase II does not get approved as designed now, which is an indoor gym, that can be turned into an outdoor basketball courts [sic], but again, those are very, very preliminary discussions. Commissioner Gort: Okay. Thank you. Chair Sarnoff Commissioner Dunn, it's a tough call for me. I could support you on this, but I would -- I need to know with absolute certainty that the CRA would be paying for this. And to me, for you to go through -- it seems you should go through the CRA vote first. The reason I say that, all sorts of pressure will come to bear from the community, as you know, that when they look at what this means in terms of their budget, what budget you have to work with in that community, for them to learn that -- I think it's about almost $8 million -- would be paid for both in interest and principal reductions, I want to know that that vote occurred first. Commissioner Dunn: Mr. Chair, ifI may? Chair Sarnoff Yes, sir. Commissioner Dunn: That's simply for the debt service. It's not the full amount. Chair Sarnoff It's eight million. It's the $7,932,854 in what was described as Sunshine State loan money. Am I wrong on that? Mr. Aluko: That is what I mentioned, yes. Chair Sarnoff. Okay. Commissioner Suarez: Mr. Chairman, I have a question -- Chair Sarnoff Go -- yes, sir. You're recognized. Commissioner Suarez: -- ifI may be recognized. Mr. Aluko, I think the last time that we talked about the Sunshine State loans -- and I'm trying to see if I recall it correctly -- are these loans that we are currently paying interest on, or is this like a line of credit that we don't -- we're not paying interest on them until we start to draw on that money? Chair Sarnoff Larry Spring, you're recognized for the record. Mr. Spring: Mr. Chair. Larry Spring, chief financial officer. Commissioners, again, the Sunshine State allocation that you see being put -- or part of the financing for these projects was approved by the prior Commission some time ago. We are already paying debt service on this loan, so -- Commissioner Suarez: That's what I thought. I just wanted to make it -- Mr. Spring: -- we're -- I guess part of this is we're just bringing those items to bear to the Commission. Commissioner Suarez: We're allocating that money that -- we're already paying that debt service City of Miami Page 70 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Spring: Correct. Commissioner Suarez: -- on -- we're allocating it to build this park? Mr. Spring: Correct. Commissioner Suarez: Just wanted to clam that for the record. Chair Sarnoff. Okay. Anyone else? I mean, Vice Chair. Commissioner Gort: Let's hear from -- Commissioner Dunn: Yes. Can we hear from Mr. Washington in terms of maintenance, in terms of--? Chair Sarnoff Well, I'm making an assumption. I listened to what Mr. Aluko had to say. I'm going to assume that all of the programming is done by the Optimist, but there's got to be some staffing. I counted -- Commissioner Dunn: Sure. Chair Sarnoff -- four full-time people that needed to be there when I listened to your facilities that you're building. I'm just thinking from a liability standpoint. You're going to have at least four full-time employees. I might even ask the question do you have four full-time employees there now. Commissioner Dunn: But let me -- ifI may. One -- in terms of the issue about costs, I would like to know, you know, at some point, what was the cost for the Jose Marti Park? What was the cost for the Water Park in your district, which I -- with the golf course and with all of the facilities, the baseball stadium? And I believe we're in a position now to send a message -- I held an Overtown town hall meeting, and one of the things that the residents of Overtown said to me, in no uncertain terms, is they want that Gibson Park facility. In light of the shootings that have been taking place in my district, particularly in Liberty City, Little Haiti, and Overtown, it is a proven fact that youth activities is a deterrent to crime. I'm a former student athlete that was able to, by the grace of God go to college on a full athletic and academic scholarship. And there are hundreds of thousands of young men, particularly in District 5, in the inner city, whose lives have been transformed by the services of the Liberty City optimist, the Overtown optimist. My sons played at Gwen Cherry. That football game alone, Liberty City versus Overtown or Gwen Cherry, either one, could end up being three, four, five thousand fans that come to that game. It's a -- it is what baseball is to the Cuban -American community or soccer to the Haitian community. And this is really -- I don't expect to get too much feedback from supporting this item. I'm -- you can't please everybody. But I believe, based on the responses that we received when we held the town hall meetings for that sole purpose, this was one of the top agenda items. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Commissioner -- Vice Chair. Sorry. Vice Chair Carollo: As you all know, this is a sore subject for me, having the district with the least amount of park space, which, you know, there's no contesting that. Everybody knows I have the least amount of park space. And I think if we would have done my presentation or what I'm going to bring up in my discussion item, you will see why -- I'm actually embarrassed by the way some of our parks are being kept and so forth. And if we can't even provide maintenance for what we have, I mean, additional parks -- and with that said, you're speaking to someone who, just a few months ago, voted in favor of a new park for your district. And in all fairness, City of Miami Page 71 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn, I want to see how to support you on this, but I have issues. I have some strong issues with this. The Manager not being able to say how we're going to be able to provide for the maintenance and so forth is an issue. My suggestion would be, if we can possibly defer this, just like the graffiti ordinance and how we've done in the past, in order to see how we could come up with some of the solutions and where we all could support this and be happy with it. Because believe me, I want to -- just like I voted for a park in District 2 -- even though I am the district with the least amount of parks, I'm not short-sighted. I want to see how we can make this happen. I -- Sunshine State loans, yes, you're right -- and I -- our CFO said, you know, we have (UNINTELLIGIBLE) and we're paying the 1 percent, but we could give that loan back, in all fairness. I mean, we could just give that loan back, so I actually prefer using CRA monies for that. So my suggestion, you know, to my colleagues is maybe defer this. Maybe only be, you know, for two weeks or so, but I want to see if we could once again all, you know, join together, join our heads together, and I want to make this happen, but at the same time, I think there's issues that need to be resolved. Commissioner Dunn: Mr. Chair? Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. And let me just -- I just want to kind of piggyback off something the Vice Chairman said. I have -- I'm not against in any way, shape, or form -- and as a CRA member, I'm not against in any way, shape, or form elevating the CRA contribution on this project and maybe alleviating some of the Sunshine State loan burden or portion of it. We don't have to have one or the other. I don't think we either have to have all -- the CRA pick up the entire tab or the Sunshine State loan to pay the entire amount. I mean, I'm flexible with reference to that. Commissioner Dunn: Mr. Chair? Chair Sarnoff Commissioner Dunn. Commissioner Dunn: In all due respect, Vice Chair, this again is a contract item. This has nothing to do with the actual construction. This was approved time ago. I mean, this is not an old -- this is not a new issue. Gibson Park, the funding for it has already been approved by, if I'm not mistaken, the previous Commission that was sitting here. And just believe at this particular point in time any delays that we present really sends a bad message to District 5 and to the people of Overtown. I just -- I have to say that for the record in all due respect. Because, again, I don't hear these kinds of questions when it comes down to Jose Marti Park or the water park, and it just does not send the right message. This is a contractual issue. It is not about -- we have the funding. We'll deal with the maintenance. I mean, CRA, Southeast Overtown/Park West is intended for Overtown. It is not taking money from the general funds. So if the people in Overtown say that this is the way they want to spend their money, which is the -- and that's one of the reasons why I fought to at least become the chair of the Southeast Overtown/Park West -- then let's do that. Let's not try to -- I understand. Valid questions. I'm not knocking that, but I just think the timing of this and the message that it would send would not be a good one. Mr. Migoya: Mr. Chair? Commissioner Gort: Mr. Chairman? Chair Sarnoff Let me recognize Commissioner Gort and then Commissioner -- Did you just say you want to say something? City of Miami Page 72 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mayor Tomas Regalado: No. Commissioner Gort: Let me see ifI can come up with the solution. My understanding is the CRA is going to have the board meeting on Monday. My understanding is that you're going to bring (UNINTELLIGIBLE) at CRA, the financing of the Sunshine pool. And I don't have any problem with the park. I think the park is -- it does a great service and I think you have a lot of volunteers and a lot of good people work to those parks. I've visited, I've been there. I've seen the games and the amount of people that's there and the need there is for that park. Right now I believe there's some questions -- what I would like to see, let's defer this until the CRA meeting on Monday night. And what I'd like to see on Monday night, bring the statistics, how many people we have working at the park right now, how many people we're -- it's going to take, you're going to add. At the same time, Mr. Washington can come up with all the promotions that he's doing and all the people and all the volunteers he's got working. And all we're doing is we agree we're going to work on it. We're going to come up with the right solutions. Let's take the meeting to the CRA, and then we move forward from there. That's a suggestion. Chair Sarnoff Mr. Manager. Mr. Migoya: Just a point of clarification. There are currently three full-time workers at the park and several part-time workers. So my point was not whether we had ability to finance it. I mean, we already have people in place. It's the incremental that obviously you're going to do some improvements. There may be some incremental. That's the piece that we don't have. Chair Sarnoff Right. All right, Commissioner -- Vice Chair. Did you want to --? Vice Chair Carollo: No. I think Commissioner Gort, you know, said -- and I guess what I was saying as far as deferring -- and again, Commissioner Dunn, you know, all I'm asking is have some patience. Let's all work together 'cause I think we all want to do it -- I think we all want to make this happen. And at least from my point of view, you know, I appreciate that you changed the funding to CRA. And you're right, that's the intention of it. And -- I guess I'm, you know, respectfully asking, you know, for an additional two weeks or so forth for us to come together because I don't see it that far off, you know, especially when, you know, you proffer using the CRA in lieu of the Sunshine State loans. So I don't see it that far off. And I think, you know, Commissioner Gort, I think, expressed it and so forth. I think we want to make this happen. We just want to make it correct. And for two weeks -- I mean, we're investing eight some million dollars, I mean, which could potentially be thirteen million. So I think, you know, an extra two weeks, you know -- Commissioner Dunn: I will respect that, but I just want to say you have to compare that -- what is -- no one answered the question. What did Jose Marti Park cost? What is the cost of the water park? Can someone give me those figures? I'm willing do that. But let's -- we're comparing apples and oranges. No one raises these questions when -- What was the cost of Jose Marti? Commissioner Gort: About 20 million. Mr. Aluko: Jose Marti gymnasium was $10.5 million. Commissioner Dunn: How much --? Mr. Aluko: Ten point five million dollars. Commissioner Dunn: For just the gymnasium? Mr. Aluko: For the gymnasium. City of Miami Page 73 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Alone? Mr. Aluko: Right. Commissioner Dunn: Okay. What else? Mr. Aluko: The Grapeland Water Park was $15 million. The baseball park was $18.7 million. Commissioner Dunn: See. That's what I'm talking about. Mr. Aluko: And the Jose Marti gym -- I'm sorry, the pool, unfortunately, I don't have that with me. It was before my tenure, but I can certainly give that information to the Manager. Commissioner Dunn: And let me add too. Just recently, Mr. Chair, there was a Brickell Avenue property acquisition for the Brickell Avenue Park, and I don't know if you know this or not, Commissioner Gort, but $109, 000 was taken from your district, from the Curtis Park track expansion that was pointed to -- was used for the Brickell Avenue Park. Virrick Park had a new pool facility for a half a million dollars. That was taken to buy -- to purchase the Brickell Avenue property acquisition. The Virginia Key Beach site improvements, $129, 597.97 was taken from a quarter of a million dollars that was allocated for the impact fees. There was also $73,000 taken from the Jose Marti Park new swings, shade, structure, and vita course, which left -- out of 100, 000. And this park was -- I believe was for $8 million. So -- and this is a -- this is to acquire it, just to acquire the park. And now all of these questions arise with Gibson Park, named after a Commissioner, by the way, the late Father Theodore Gibson. I'm willing -- I'm going to abide with the two weeks, but I'm just saying I just find it difficult to digest every time it comes up with an issue that pertains to District 5 these kinds of questions come up and it bothers me. Chair Sarnoff Commissioner, let me just say something, and I don't mean to elevate this into a bad discussion, but if you haven't figured out how the previous Administration was able to achieve three votes by use of the impact fees, then you don't even know there's an SEC (Securities and Exchange Commission) investigation going on. And I could tell you, for instance, the Little Haiti Park cost $53 million, but that would fall on deaf ears. I could tell you of the $34 million in Sunshine State loans, 18 million has been devoted to one district, and that would be yours . We're not here -- nobody's here to fight you on this or nobody's here to make this into a political issue, but what we're here to do is to come to a reality. And I'm the one that brought it up, and I will always continue to bring it up that regardless of whatever Commissioner's district it is -- Commissioner Dunn: It's all right. Chair Sarnoff -- that is how we're going to operate it, how we're going to fund it, where's the funding coming from. I said I would support you in Southeast Overtown/Park West because you're making a conscious decision of taking the money that maybe I think should go towards job creation but you think is better spent on the youth. Perfectly valid policy decision to make, one that I will probably, in all good conscience, yield to your greater judgment. However, to really attack anybody up here on what is fair and justified, tell the full story. Tell the whole story. Nobody here is attacking back because nobody wants to politicize what could be a very political issue. And as the Chair of this Commission, what I won't allow to happen is for only one side of the story to be told. There's two sides to the story. And in terms of the impact fees, I could tell you exactly how the previous Commission -- or I should say the previous Administration deprived District 2 and Commissioner Regalado's district, who saw zero impact fees, none. My district saw -- I think it was $5, 000. My district generated 12 million of those impact fees. Not your concern, but my concern. Was there a reevaluation of some of those fees? Absolutely. Was it perfect? Far from it. Was it a compromise? The best I could do. Did I get a park out of the City of Miami Page 74 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 place that had the most impact --? Do you know why they call them impact fees? Because it's not a tax, but the City of Miami and this previous Administration treated it like a tax. Illegally? Yes, sir, I think illegally. Did I go to a lawsuit with it? No, I did not. Has the SEC turned around and looked into it? Yes, it has. But if you want the full story told, I'd be more than glad to tell you the full story. What I won't have happen in this Commission while I'm the Chair of it is to have an attack on any Commissioner as to how things were spent differently 'cause this is this Administration right now. It is Mayor Regalado, and I have yet to see him once treat any Commissioner differently since he's been here. Commissioner Dunn: Mr. Chair, in all due respect, I respect your opinion, but also when you look at the history of District 5, I remember when I sat over there in that chair and you raised questions about our concerns about District 5, and it just appears to me that these are the kinds of issues that you would be the person to make the motion on because it means so much to the people of District 5, a district -- and again, I'm yielding to the two weeks or whatever timeframe, but I do want to state for the record that, you know, if you look at the costs, this money is not coming from the general fund. It's coming from the CRA, which I happen to serve as the chair of which I'm given that -- that's my privilege, just like with your district, you have decisions that you make. But what offends me is when somebody -- not the rest of the Commission -- particularly you, who have the belief that you know what's best for my district. Chair Sarnoff No, Commissioner. What I said was I would yield to your judgment. Commissioner Dunn: Okay. I just wanted to state that for the record. Chair Sarnoff. Well, did you not hear me say I would yield to your judgment? Commissioner Dunn: I'm stating it for the record. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Go ahead. You're recognized. Commissioner Suarez: Just to get back to the issue at hand, I think if the CRA is willing to take on this additional cost for a capital improvement to improve what -- you know, essentially what the CRA was created for, to use the TIF revenue to improve the capital of a, you know, worthwhile project within the boundaries, I think -- and Mr. Manager, maybe this is something to look at is if we're going to use CRA dollars, we're obviously not going to use Sunshine State dollars. So whatever -- if they get returned to the -- I'd be in favor of returning them to -- back to the state government. Vice Chair Carollo: Send them back. Commissioner Suarez: And the alleviation on our general fund from sending those monies back would more than pay for one or two additional Park employees to adequately staff the park. I don't know how many -- the Manager hasn't clarified how many additional staff would be needed, but Park staff generally are not high -cost employees. So I think we could still save a lot of money against the general fund by returning those Sunshine State loan monies, hire whatever additional Park staff was necessary, and use the CRA money to finance the construction and capital improvement within the CRA boundaries, and I think that kind of makes everybody happy. Chair Sarnoff I'm not sure, Commissioner, that -- and only Commissioner Dunn would know this, but I do know your -- CRA -- I don't think you have the TIF ability to do it in one year. I don't think you have the adequate -- I don't think you have enough money to do that. City of Miami Page 75 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Migoya: No. The -- and the debt service is over six years -- Chair Sarnoff Right. Mr. Migoya: -- so the idea would be to pay the principal, right? Unidentified Speaker: The annual debt service. Mr. Migoya: The annual debt service. Correct, the annual debt service on the Sunshine, which is on a six -year amortization. Chair Sarnoff Right. He couldn't -- what I'm saying is I don't think he could pay that in one year. Mr. Migoya: No. It wasn't the plan to pay it -- Chair Sarnoff. Okay. Mr. Migoya: -- in one year. Chair Sarnoff Right, so it's a -- Mr. Migoya: So it was -- it's to be payable -- Chair Sarnoff -- six -year amortization. Mr. Migoya: During the normal amortization of the Sunshine loan, so therefore the interest and the principal would be paid by the CRA. Commissioner Suarez: And Mr. Chair, ifI may, just to continue -- Chair Sarnoff. Go ahead. Commissioner Suarez: -- on my line, once the payments for the interest are alleviated by the CRA, that additional funding is freed up in the general fund can be used in part to -- and it'll probably still be at a net cost savings to the City to employ, you know, one or two or whatever additional Park employees are needed to fully staff the park. Chair Sarnoff Okay. So we need a motion. Well, actually, we have a motion and a second. Am I correct? Commissioner Dunn: Yes. Priscilla A. Thompson (City Clerk): That's correct. Commissioner Gort: We had a motion. Ms. Thompson: On the -- Commissioner Gort: It should be amended. Ms. Thompson: -- resolution, that's before you -- Chair Sarnoff I think you may have to rescind the motion. City of Miami Page 76 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Gort: It might have to be amended. Chair Sarnoff. Who was the second? Ms. Thompson: The second -- the motion -- Chair Sarnoff You want to withdraw? Commissioner Dunn: No. I would amend it. So I have to withdraw it first and then -- Ms. Thompson: Is -- what is the intent? Is the intent --? Commissioner Dunn: For the con -- for this contract item to pass. Ms. Thompson: Okay. You already have a motion on the floor -- Commissioner Dunn: Yes, and a second. Ms. Thompson: -- made by -- Commissioner Dunn: With the amendment that was just proffered by -- Commissioner Gort: The debt service. Commissioner Suarez: Mr. Chairman, if may? Chair Sarnoff I think the better way to do it, Commissioner, is to withdraw your motion, ask for a -- ask this to be brought to the next City Commission, and then bring this up at your CRA meeting, get your vote, and then you bring this up on the May -- March 25 agenda. Ms. Thompson: It would be March 25, correct. Chair Sarnoff Right. That's -- Vice Chair Carollo: Defer. Chair Sarnoff -- my suggestion to you. Vice Chair Carollo: Defer. Commissioner Dunn: Is that -- that's -- Vice Chair Carollo: Defer it. Commissioner Dunn: All right, all right. Okay. Chair Sarnoff Well, a motion to continue -- Commissioner Dunn: All right. Chair Sarnoff -- I think. So is that a motion to continue to the March 25 agenda? Commissioner Dunn: That's the motion, yes. Chair Sarnoff All right. So -- City of Miami Page 77 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: So -- Chair Sarnoff -- there's a mo -- Well, do you withdraw your first motion? Commissioner Dunn: So moved. Chair Sarnoff All right. Ms. Thompson: Thank you. Chair Sarnoff Does the withdrawal -- the seconder accepts? Commissioner Gort: Yeah. Chair Sarnoff All right. Now we have a motion to continue this to the March 25, 2010 agenda. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. Vice Chair Carollo: For discussion. Commissioner Dunn: And Mr. -- Chair Sarnoff For dis -- and discussion, sir. Vice Chair Carollo: Thank you, Mr. Chairman. Charles Cutler: Through the Chair. Vice Chair Carollo: I'm sorry, sir. Mr. Cutler: It's me. I just want to make a comment. Vice Chair Carollo: Sir -- Chair Sarnoff No, no, no, no. Vice Chair Carollo: -- I'm sorry. I have the floor. Mr. Cutler: Okay. Chair Sarnoff There's no public hearing on this. Vice Chair Carollo: I have the floor. Mr. Cutler: Okay. Vice Chair Carollo: I have a question for Mr. Aluka [sic]. Since it was brought up, now I'm curious. When was the spending done -- what year was the spending done for the Jose Marti gymnasium? Mr. Aluko: The Jose Marti gym broke ground February of 2007 and it was completed August of City of Miami Page 78 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 2008, so the spending was during that months and we're in the process of closing out. We have maybe one or two more invoices for the balance of that project. Vice Chair Carollo: So when -- the funding actually started in 2007? Mr. Aluko: That is correct. Vice Chair Carollo: Before my Administration? Commissioner Gort: Before ours. Vice Chair Carollo: I can assure you, with $10.5 million I would have done magic. And if you don't believe me -- Commissioner Dunn: I know you -- Vice Chair Carollo: -- ask Mr. Aluka [sic] how we're constantly butting heads on pricing and so forth. Mr. Aluko: I would say butting heads professionally. Vice Chair Carollo: Yes, yes -- Mr. Aluko: Okay. Vice Chair Carollo: -- professionally. So I just wanted to put that for the record and, you know, well discuss it a little bit later. But what I have inherited -- and again, I am the district with the least amount of park space, with the least amount of parks. There's no debating against it. And again, I'm here as a colleague saying I want to support you, I want to help you out, but with that said -- I know it's going to be deferred. I'm sure we're going to work it out. Commissioner Dunn: Yes. Mr. -- okay. Is the motion or --? Mr. Chair, I was -- Mr. Aluko: Mr. -- Commissioner, Mr. Chair, the actual price for this -- since we're actually voting on the award of the contract and not the financing, the price was actually given to the City back in December. I do have the contractor here, and I want to ensure that the contractor will hold his price, otherwise we -- Chair Sarnoff. For two weeks? Mr. Aluko: Well, the reason I say that is -- Chair Sarnoff. You know what, Ola? Mr. Aluko: Yes, sir. Chair Sarnoff He doesn't want to hold it for two weeks -- Mr. Aluko: No, no. I'm sure he will. I just wanted him to be here to speak on behalf of the price. Chair Sarnoff No. Commissioner Gort: Construction's not doing that well. Chair Sarnoff Yeah. City of Miami Page 79 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Aluko: No, no, no, no. Commissioner Gort: He might want to lower it. Chair Sarnoff Yeah. You may -- Mr. Aluko: Okay. Chair Sarnoff. -- not want to play that game. Mr. Aluko: No, no. Actually, it's not a game. Just wanted him -- Chair Sarnoff Well, I think it is, but -- Commissioner Gort: If he wants to play that game -- Chair Sarnoff Exactly. Commissioner Gort: -- I mean, we only have two bidders. Mr. Aluko: Okay. Chair Sarnoff All right. Go ahead. Commissioner Dunn: I just wanted to yield to my colleague, Commissioner Gort. I think he made a recommendation to amend and I would -- Commissioner Gort: My recommendation was the -- to pass this and the financing with the amendment that the debt service of the Sunshine pool will be paid by the CRA. Chair Sarnoff Can do you that -- Commissioner Gort: And you could move on that today. Chair Sarnoff -- and in the event the CRA doesn't vote for it -- Commissioner Gort: Then we have to come back. Chair Sarnoff. Can that be done, Madam City Attorney? Ms. Bru: You can adopt this resolution and -- contingent on the CRA -- Chair Sarnoff So you can do that? Ms. Bru: -- approving that -- Commissioner Gort: Depending on -- yes. Ms. Bru: -- financing plan. So there's no contract rights vested or anything until such time as the contingency is effectuated. Chair Sarnoff Well, right now we have -- what's the pleasure of this board? Give me a sounding. City of Miami Page 80 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.7 10-00131 Department of Capital Improvements Program Commissioner Suarez: I'm in favor of voting for it with the contingency. Chair Sarnoff Contingency? Commissioner Suarez: Yes. Chair Sarnoff. You okay with that Commissioner? All right. So we have a motion on the floor which was to continue, which needs to be withdrawn. Commissioner Gort: No. That was never done. Chair Sarnoff I think he needs to withdraw it. Am I right? Commissioner Dunn: Yeah. I'm withdrawing to the amendment made by Commissioner Gort. Chair Sarnoff All right. Now let Commissioner Gort make the motion. Commissioner Dunn: Yes. Commissioner Gort: The motion is -- the amendment is to approve with the conditions that the debt service for the Sunshine loan will be paid by the CRA. Commissioner Dunn: Second. Chair Sarnoff All right. So we have a motion by Commissioner Gort, second by Commissioner Dunn. Any further discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. There you go. Commissioner Dunn: Thank you. Applause. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXECUTE TEN (10) JOB ORDER CONTRACTS ("JOC"), TO PROVIDE MAINTENANCE AND CONSTRUCTION SERVICES CITYWIDE ON AN AS -NEEDED BASIS FOR CAPITAL PROJECTS; ALLOCATING FUNDS FROM VARIOUS CAPITAL PROJECT ACCOUNTS AND DEPARTMENTAL BUDGETS, SUBJECT TO BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE CITY MANAGER TO ADD OR REPLACE JOC CONTRACTORS ON AN AS -NEEDED BASIS. 10-00131 Legislation.pdf 10-00131 Summary Form.pdf 10-00131 Waiver Memo.pdf 10-00131 Waiver Memo 2.pdf 10-00131 Bid Results.pdf 10-00131 JOC.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City of Miami Page 81 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.8 10-00262 Department of Capital Improvements Program R-10-0104 Chair Sarnoff. RE.7. Ola Alnico (Director, Capital Improvements): RE.7 is being brought before you to authorize the City Manager to execute ten job order contracts, also known as JOC, to provide maintenance and construction services citywide on an at -need basis for capital projects, allocating funds from various capital project accounts and departmental budgets. This resolution further authorizes the City Manager to add or replace contracts on as an at -need basis. Just to clarify, what we're doing here is changing the existing contracts from a $10 million capacity on horizontal contracts to a capacity of 2 million, and also changing the existing contracts from $4 million to 3 million on vertical contracts. So basically, we're just reducing the capacity of the existing award to a lower capacity. Chair Sarnoff All right. Commissioner Suarez: So move. Chair Sarnoff. There's a motion by Commissioner Suarez, second by -- Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Carollo. Vice Chair Carollo: Second. Chair Sarnoff. Gentlemen, we have a motion and a second. Any discussion on the item? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. You have a unanimous vote, Madam Clerk. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE CONSTRUCTION MANAGER AT RISK AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH SUFFOLK CONSTRUCTION COMPANY, INC., FOR THE PROVISION OF ADDITIONAL PRE -CONSTRUCTION SERVICES FOR THE STADIUM SITE PARKING PROJECT, B-30648, IN AN AMOUNT NOT TO EXCEED $165,000, FROM AN ORIGINAL AMOUNT OF $168,174, TO AN AMOUNT NOT TO EXCEED $333,174; ALLOCATING FUNDS FROM AWARD NO. 1420-MIAMI SPORTS AND EXHIBITION AUTHORITY CONTRIBUTION TO CAPITAL; TO BE OFFSET BY A REDUCTION IN THE CONSTRUCTION PHASE FEE, RESULTING IN NO CHANGE TO THE APPROVED GUARANTEED MAXIMUM PRICE (GMP) AMOUNT OF $75,000,000, INCLUSIVE OF THE PRE -CONSTRUCTION FEE. City of Miami Page 82 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 10-00262 Legislation.pdf 10-00262 Exhibit.pdf 10-00262 Exhibit 2.pdf 10-00262 Exhibit 3.pdf 10-00262 Summary Form.pdf 10-00262 Text File Report.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, Samoff, Suarez and Dunn II R-10-0105 Chair Sarnoff. RE.8. Ola Aluko (Director, Capital Improvements): RE.8 is being brought before you as a resolution to approve amendment number one to the construction manager at risk agreement with Suffolk Construction Company for the stadium site parking. What we're requesting is that this author -- the Manager is authorized to increase the preconstruction services from 168,174 to -- by another $165,000. And what we're doing is moving certain general -- I'm sorry, guaranteed maximum price activities into the preconstruction activities. This will afford us to start the construction on time without impacting the overall project schedule. Chair Sarnoff All right. Is there a --? Mr. Aluko: There is no increase into the guaranteed maximum price of $75 million. Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by Commissioner Carollo, second by Commissioner Suarez. Any discussion, gentlemen? Commissioner Gort, you're recognized for the record. Commissioner Gort: My understanding is this expenditure is going to be reimbursed to the City Mr. Aluko: That is correct. Commissioner Gort: -- through the bond issue. Mr. Aluko: That is correct. Once the bond is issued whatever -- the 165 that we're asking for now will be reimbursed. Commissioner Gort: Okay. Chair Sarnoff. All right. Any further discussion, gentlemen? All right. We have resolution RE.8. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous vote, Madam Clerk. Mr. Aluko: Thank you. City of Miami Page 83 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.9 10-00269 Office of the City Attorney RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, SUBJECT TO THE APPROVAL OF THE COURT APPROVING A CLASS -WIDE SETTLEMENT, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE CLASS ADMINISTRATOR APPOINTED BY THE COURT, WITHOUT ADMISSION OF LIABILITY, BUT IN NO EVENT BEFORE OCTOBER 1, 2010 (EXCEPT FOR THE COST OF PROVIDING NOTICE TO THE CLASS, WHICH MAY BE PAID IMMEDIATELY), THE SUM OF $3,800,000.00, FOR THE ESTABLISHMENT OF A COMMON FUND, FROM WHICH SHALL BE PAID ALL CLAIMS AS PERMITTED BY THE COURT, ALL ATTORNEYS FEES ALLOWED BY THE COURT, AND ANY AND ALL COSTS FOR THE ADMINISTRATION OF THE CLASS SETTLEMENT, WITH THE RESIDUE, IF ANY, TO BE REFUNDED TO THE CITY OF MIAMI, WHICH PAYMENT SHALL BE IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, IN THE CONSOLIDATED CASES OF SIDNEY S. AND DANIELLE WELLMAN VS. CITY OF MIAMI, CASE NO.: 99-19523 CA (15), AND NADINE THEODORE, ET AL. VS. 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, UPON THE EXECUTION BY THE CLASS REPRESENTATIVES, SIDNEY S. WELLMAN, DANIELLE WELLMAN, NADINE THEODORE , GUSTAVE DORCILOME, AND MICHEL CHICHE, OF A GENERAL RELEASE OF THE CITY OF MIAMI, ITS CURRENT OR FORMER DEPARTMENTS, AGENCIES, INSTRUMENTALITIES, OFFICIALS, OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.549000.0000.0000. 10-00269 Legislation.pdf 10-00269 Cover Memo.pdf 10-00269 Budget Memo.pdf Motion by Chairman Sarnoff, seconded by Commissioner Gort, that this matter be DENIED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Sarnoff, Suarez and Dunn II Noes: 1 - Commissioner(s) Gort Chair Sarnoff RE.9. Julie O. Brzi (City Attorney): RE.9, Mr. Chair, is a resolution that seeks, subject to court approval, authorization for the settlement of all claims against the City of Miami asserted in the case of Sidney S. and Danielle Wellman versus the City of Miami and Nadine Theodore versus City of Miami. The settlement would be in the amount of $3.8 million. Let me just put a little bit of background on the record for purposes of anybody who's watching, although since this is in litigation, I do not want to get too much into details. Over ten years ago the City of Miami was sued in a class-action based upon the alleged unconstitutionality of our vehicle impoundment ordinance. During the past 11 years in which the case has been litigated, trial and appellate courts have found the ordinance to be unconstitutional but have not yet ruled as to the amount of the City's actual liability. Based upon the fines collected by the City as a result of the ordinance plus possible interest charges and attorneys' fees, the City faces a potential exposure in the range City of Miami Page 84 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 of $20 million. The City has asserted and is litigating defenses to the claims of the plaintiffs who are seeking the return of the money that was collected by the City. The City could prevail in whole or in part, which would limit or eliminate the damage that the City would face. We have attempted to settle the case previously, but we received no offer which we could recommend to the Commission. In recent months, we've been able to negotiate a total settlement of $3.8 million that would include attorneys' fees, costs, and it wouldn't be payable until October 1, 2010. Also, we negotiated that any money from the settlement that is not collected by the class -action plaintiffs would be returned to the City. While we do have defenses based upon previous rulings of the court and the substantial liability that the City is facing, we are recommending a settlement. Chair Sarnoff I'm going to move to deny the settlement. Vice Chair Carollo: I got a motion by Chairman Sarnoff. Is there a second? Commissioner Gort: Second for discussion. Vice Chair Carollo: Second by Commissioner Gort for discussion. Commissioner Gort, you're recognized for discussion. No? Commissioner Gort: I want to hear from (UNINTELLIGIBLE). Vice Chair Carollo: Commissioner Suarez? Commissioner Suarez: I'll listen to the mover too if he has something to say. Vice Chair Carollo: Commissioner Dunn? Commissioner Gort: I'll wait for the maker of the motion. Chair Sarnoff I think they -- one of the old sayings on this is less said is better and -- Vice Chair Carollo: Well, in all fairness under Mason's rule, the maker of the motion gets to speak first if you so wish so. Chairman Sarnoff. Chair Sarnoff It's a lawsuit, gentlemen. The less we say the better. And I think this will net us where we want to go, but I just can't accept $3.8 million. Commissioner Suarez: I yield to the litigating attorney among us. Vice Chair Carollo: Any further discussion? All in favor, say "aye." Commissioner Suarez: Aye. Chair Sarnoff Aye. Commissioner Dunn: Aye. Commissioner Gort: One nay. Vice Chair Carollo: Anyone --? Well, hold on, hold on. We're -- Aye. Anyone against? Commissioner Gort recognize -- show Commissioner Gort. The motion of Chairman Sarnoff passes 4-1. RE.10 RESOLUTION City of Miami Page 85 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 10-00274 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney EXPENDITURE OF ATTORNEY'S FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF OUTSIDE COUNSEL FOR THE PURPOSE OF REPRESENTING THE CITY OF MIAMI AND/OR CURRENT AND FORMER OFFICERS, EMPLOYEES, AND OFFICIALS IN PROCEEDINGS OF THE U.S. SECURITIES AND EXCHANGE COMMISSION; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.980000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 10-00274 Legislation.pdf Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0106 Chair Sarnoff: All right, RE.10. Julie O. Bru (City Attorney): RE.10, Mr. Chair, is a resolution of the Miami City Commission authorizing the expenditure of attorneys' fees and costs in an amount approved by the City Attorney for the engagement of outside counsel for the purpose of representing the City of Miami and/or current and former officers, employees, and officials in proceedings of the US (United States) Security [sic] and Exchange Commission, allocating funds from the account referenced in the resolution. As you know, we have been -- I have been in the process of interviewing various firms and sole practitioners, and I have decided to recommend the engagmenet of Morgan Lewis Bockius and the two particular partners from the firm will be Ivan Harris and Christopher Bartholomew. They are both very experienced in these matters. I would also seek authorization for the engagement of any consultants, including accountants that have to be retained in connection with the representation. I will be reporting to you, on a monthly basis, cost and attorneys' fees that are incurred. Chair Sarnoff. I'm going to make a motion to approve the resolution. Vice Chair Carollo: I have a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Second for discussion, please. Vice Chair Carollo: Second by Commissioner Suarez. Commissioner Suarez, you're recognized. Commissioner Suarez: Mr. Chair, thank you. Madam Attorney, I just want to commend you for working with my office to address some of the concerns that 1 had about expenditures regarding outside counsel fees and really negotiating with several potential firms and I think getting the best of both worlds, getting the best representative at the best price. And I think in the very, very unlikely circumstances that we have to go to outside counsel -- hopefully -- it's unusual that we have to do that, hopefully, in the future -- but under those unique circumstances, we do it in a very, very careful manner, and I also appreciate your desire to come back and report back to us on a regular basis to make sure that these costs don't get out of control as they sometimes have a tendency to do. That's it. Thank you. Vice Chair Carollo: Anyone else wishes to discuss? Chairman Sarnoff. City of Miami Page 86 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.11 10-00277 Office of the City Attorney Chair Sarnoff. Mr. Vice Chair, thank you. Madam City Attorney, I know you struggled over this. I watched you struggle over this. Struggle can be good because it can be a good temperature of how you feel. I think you made the right decision. I actually think you chose the right counsel. I think you chose it at the right time. But I think it also showed that you had a good temperament for not overspending the taxpayers' money. You didn't go to this solution right away, but 1 think it's something that's pretty much out of your control at this point. So I think you did the right thing, and I just want to -- I don't always give accolades up here, but I think you did a good job. Vice Chair Carollo: Anyone else wishes to speak on this item? And I just have to say, Madam City Attorney, I will be supporting this, but at the same time I just want to make sure that you monitor the costs. I mean, it's obvious we haven't put a cap on this and you know, we discussed the reasons for it, and I agree with you. I just, you know, again, want you to monitor it and then report to us either on an individual basis or to the Commission, but just keep us abreast. With that said, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no. " Motion passes unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO TAKE ANY AND ALL ACTIONS IN LAW OR IN EQUITY NECESSARY OR PERMITTED TO PROTECT, PRESERVE AND DEFEND THE INTERESTS OF THE CITY OF MIAMI ("CITY") AND ITS CITIZENS, IN RELATION TO CITY OWNED SUBMERGED LANDS LOCATED WITHIN BISCAYNE BAY AS REFERENCED IN CERTAIN DEEDS FROM THE STATE OF FLORIDA ("STATE"), INCLUDING, BUT NOT LIMITED TO, STATE DEED NO. 19447. 10-00277-Legislation-SUB. pdf 10-00277 Cover Memo.pdf Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, 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-10-0107 Vice Chair Carollo: And we will be moving on to RE.11. Julie O. Bru (City Attorney): Okay. RE.11 is also a resolution of the Miami Commission directing the City Attorney to take any and all actions in law or in equity necessary or permitted to protect, preserve, and defend the interest of the City of Miami and its citizens in relation to City -owned submerged lands located within Biscayne Bay. Vice Chair Carollo: Is there a motion? Chair Sarnoff. So move. Commissioner Dunn: Second. Vice Chair Carollo: There is a motion by Chairman Sarnoff, seconded by Commissioner Dunn. City of Miami Page 87 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Any discussion? Iris Escarra: If the Board will indulge me for two minutes to add a comment to this item? Vice Chair Carollo: Name and address for the record. Ms. Escarra: Iris Escarra, 1221 Brickell Avenue. I am representing one of the condo associations that could potentially be impacted by this litigation, and I'm joined by Jennifer Coya, who represents Brickell Place phase one at 1925 and 1915 Brickell Avenue. All we are asking for is, if it's possible, that the City staff meet with us and the State in order to enter into a settlement on our individual marinas and not be grouped into a large settlement or a large litigation issue. We're trying to really avoid having to expend additional fees in a big litigation matter, and that's all we're asking is for that opportunity before anything proceeds, if you would be so kind. Vice Chair Carollo: Thank you. Maker of the motion? Chair Sarnoff No. I don't accept. Vice Chair Carollo: Anyone else from the public wishing to speak on this item? Hearing none, seeing none, back to the Commission. Any further discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no. " Motion passes unanimously. Chair Sarnoff All right. RE.12. Priscilla A. Thompson (City Clerk): I'm sorry. I just want to make sure because I do have in my possession -- and I just dropped it, I'm sorry -- a substitute. Ms. Bru: Yeah. There was a substitute. Ms. Thompson: Thank you. Ms. Bru: The original resolution referenced one particular deed, but we're talking about several deeds, so I -- Chair Sarnoff Maker accepts. Ms. Bru: Yeah. So it's just the -- Chair Sarnoff Seconder accept? Ms. Bru: -- submerged lands in general. Chair Sarnoff Seconder accept? Vice Chair Carollo: Seconder accept? Commissioner Dunn? Chair Sarnoff As modified. Vice Chair Carollo: As modified. City of Miami Page 88 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Yes. Vice Chair Carollo: And Madam City Clerk, as modified. Ms. Thompson: Correct. Thank you. RE.12 RESOLUTION 10-00241 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE TEMPORARY PLACEMENT OF A SERIES OF SIX (6) FOOT FIBERGLASS PEACOCK STATUES IN COCONUT GROVE, AS PART OF "THE COCONUT GROVE PEACOCK TOUR," A PUBLIC ARTS EXHIBIT WITH PROCEEDS THAT WILL SUPPORT COMMUNITY LOCAL CHARITIES; SUBJECT TO APPLICABLE PERMITTING REQUIREMENTS, INDEMNIFICATION AND HOLD HARMLESS AGREEMENTS AS APPROVED BY THE CITY MANAGER, DIRECTOR OF RISK MANAGEMENT AND CITY ATTORNEY. 10-00241 Legislation.pdf 10-00241 Media Release.pdf 10-00241 Peacock Locations.pdf 10-00241 Peacock Tour.pdf 10-00241 Peacock Synopsis.pdf SPONSOR:CHAIRMAN SARNOFF Motion by Chairman Sarnoff, 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-10-0108 Vice Chair Carollo: Moving on to RE.12. Haydee Wheeler: Yes. Good afternoon. My name is Haydee Wheeler, director of the Neighborhood Enhancement program. Before you, I have RE.12 and companion item RE.13. RE.12 is an art exhibit that the Coconut Grove Business District would like your approval. These are art in public places and they will be peacock statues that will be placed. Public Works has reviewed the request and has approved the locations or will be looking to approve the locations. The second item, RE.13, is a continuation of this art exhibit, but it entails different statues. Vice Chair Carollo: Excuse me, Haydee? Ms. Wheeler: Yes. Vice Chair Carollo: Can we take one at a time? Ms. Wheeler: Sure. Vice Chair Carollo: Let's take them one at a time. Chair Sarnoff. Let me move RE.12. Commissioner Suarez: Second. City of Miami Page 89 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.13 10-00189 Vice Chair Carollo: RE.12 is moved by Chairman Sarnoff, seconded by Commissioner Suarez. Any discussion? Hearing no discussion, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say no. " Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), 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 PEACOCK TOUR IN COCONUT GROVE TO BE LOCATED AT THE ADDRESSES DEPICTED IN "EXHIBIT A", ATTACHED AND INCORPORATED; SPECIFICALLY TO ALLOW THE PLACEMENT OF A SERIES OF PEACOCK SCULPTURES AS A COMMUNITY WIDE EVENT FORA DURATION OF UP TO SIX (6) MONTHS COMMENCING IN APRIL, 2010 THROUGH AUGUST, 2010; WITH SAID CLASS I 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. 10-00189 Legislation.pdf 10-00189 Exhibit.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0109 Haydee Wheeler (Acting Director, Neighborhood Enhancement Team): Okay. RE.13 is the phase two of the Coconut Grove peacock tour. It's identifying different locations within private property. The resolution before you requires a four fifth vote because we're requesting one permit for all the statues, if you agree to. And Ms. Heather Bettner (phonetic), who is actually spearheading this project, is here if you have any questions. Chair Sarnofff. We move RE.13. Commissioner Suarez: Second. Vice Chair Carollo: Motion by Chairman Sarnoff, seconded by Commissioner Suarez. Any discussion? Commissioner Gort: Good speech. Vice Chair Carollo: Want to do a speech or no? City of Miami Page 90 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 RE.14 10-00246 City Manager's Office Chair Sarnoff. Less said is more. Ms. Wheeler: Thank you. Vice Chair Carollo: All in favor, say "aye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say no. " Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE CHIEF PROCUREMENT OFFICERS DECISION TO UPHOLD THE PROTEST OF AMERICAN TRAFFIC SOLUTIONS AND REJECTING THE CITY MANGER'S CONCURRENCE WITH THE EVALUATION/SELECTION COMMITTEE'S RECOMMENDATIONS AND FINDINGS WHICH WOULD HAVE ALLOWED COMPETITIVE NEGOTIATIONS WITH THE FIRST -RANKED FIRM, PURSUANT TO REQUEST FOR PROPOSALS NO. 119057, TRAFFIC SAFETY CAMERA PROGRAM. 10-00246 Item to be distributed prior to meeting.pdf 10-00246-Submittal-Miguel Diaz De La Portilla.pdf 10-00246-Legislation. pdf Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0110 Chair Sarnoff RE.14. Glenn Marcos: Good afternoon, Commissioners. Glenn Marcos, Purchasing director. The item before you is a resolution seeking approval by the City Commission of the chief procurement officer's decision to uphold the protest of American Traffic Solutions and rejecting the City Manager's concurrence with the evaluation and selection committee's recommendation and findings which would have allowed competitive negotiations with the first -ranked firm, being ACS, pursuant to the request for proposals number 119057 for the traffic safety camera program . I would also -- would like to take the opportunity to state certain things into the record. The City of Miami hired an independent professional consultant -- the City of Miami hired a professional consultant to conduct a due diligence review of the proposal submitted by ACS, the number -one ranked firm, and Redf ex, the number -two ranked f rm. Based upon that professional assessment and clue diligence review, they came back to validate the claims raised by the protester. Because of those claims being raised and confirmed by the independent assessment, the chief procurement officer has determined that ATS (American Traffic Solutions) is a non -responsible firm. I would also -- would like to state for the record that this determination of non -responsibility is a narrow determination, meaning that the non -responsibility issue has to do with the fact that it is based upon ACS's submittal at the time in which the REP (Request for Proposals) was issued, and they ended up submitting their proposal. I would also like to state the fact that the non -responsibility has to do with, the red-light cameras as specified by the City of Miami, meaning that we're not here to give a broad determination of non -responsibility and we're not stating for the record that City of Miami Page 91 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 they're not in the business of implementing a red-light traffic camera system, but the responsibility issue has to do with the fact -- with the camera that was specified by the City of Miami at the particular point in time that the RFP was issued. Thank you. Chair Sarnoff. Anybody -- this is a public hearing, Madam -- Mr. City Attorney? Rafael Suarez -Rivas (Assistant City Attorney): Yes, it is, but you may want to hear from the vendors involved, I would think. Chair Sarnoff I'm going to -- I'd like to hear the whole thing before any kind of motions are passed. You agree? Mr. Suarez -Rivas: Yes, sir. Chair Sarnoff Okay. Go ahead, sir. Mariano Cruz: Oh, the vendors first. Yeah, go ahead. Chair Sarnoff Mariano, why don't you comment after we hear from the vendors? Mr. Cruz: Yeah. I'd like to listen to them. Chair Sarnoff Yeah, I agree. Mr. Cruz: See what's behind that. Chair Sarnoff Right. Mr. Cruz: What's behind that. Miguel Diaz de la Portilla: Mr. Chairman, members of the Board, members of the public, Mr. Manager, Mr. City Attorney, my name is Miguel Diaz de la Portilla. I'm here on behalf of ATS. ATS is the company that filed the protest, which your procurement director has indicated he supports the protest. He concurs with the items and issues raised in ATS's protest, and that he is recommending to this board, along with the signature of your City Attorney and your City Manager, that our protest, ATS's protest, be upheld. And now I want to be real careful when I say the names because the names of the two companies are very similar. ATS is American Traffic Solutions. American Traffic Solutions is the company that I represent and they're the company that your procurement director and staff are recommending, in essence, that our protest be granted. Now, the main grounds for filing a protest, as you all may know, are really basically two issues. One is responsiveness and one is responsibility. Our protest raised numerous issues of responsiveness. We're not going to get into that. We're just going to go strictly to the responsibility issue 'cause I know you've had a long day and you don't want to be here any longer than you absolutely have to. The issue of responsibility, your procurement director very ably decided that in order to make this determination, he needed outside help. They hired or brought forth HNTB (Howard, Needles, Tammen & Bergendoff), a fellow by the name of Fabian Kalapach, to actually assess the technical issues raised in the protest that we, ATS, presented, and to evaluate ACS, which is the company that had originally been recommended, as to the issue of responsibility. And, in essence, to put it in short term, responsibility means can the company do what it is that you ask them to do? Can they provide the materials and what it is that they're supposed to be providing per the RFP or the solicitation document that you put out? The finding of HNTB, your City's independent consultant, was that ACS, the then -recommended proposer, was not responsible, did not meet the criteria established in the RFP, and could not provide your City, the City of Miami, our city, with the equipment and the system solicited, which is these red-light cameras. I'm going to hand out some booklets for you, but I'm going to have City of Miami Page 92 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Carlos Gimenez, from my office, hand them out. Also with me, by the way, is Mr. Robert Holland, who is assisting me as cocounsel in this matter on behalf of ATS, which, in essence, goes over -- but just to quickly walk you through -- and some of these are -- in these exhibits. This is what HNTB looked at in making its determination, which your procurement director is supporting and your Manager and City Attorney are supporting regarding the issue of non -responsibility by ACS. Number one, at the time of the RFP closeout date, that is, you know, submittal and review, of January 26, 2009, there on that first page and on that first chart before you it shows you how many cameras that comply with the RFP specifications ACS had in place. ACS had zero jurisdictions and zero approaches. ATS, the company I represent, had six jurisdictions and 13 approaches in place -- in play issuing citations at the time that the RFP was opened on January 26, 2009. Currently, as we stand here today, ATS, the company I represent, has 25 jurisdictions issuing citations on 107 approaches. The competition, ACS, has one jurisdiction issuing citations in one approach as of today. Now in going over the issue of responsibility, HNTB, your consultant, took a look at a number of things -- and ifI may walk around. In order to have an enforceable citation, you need to have a good A shot and a good B shot. The key to this is the data bar. There's supposed to be a data bar -- and this exhibit may not show it as well as what you have in front of you -- that indicates the time that the violation occurred the speed that the vehicle was traveling, how long the light was amber, how long the light was red, et cetera. That -- all that is at the bottom. In looking at what was submitted by ACS, the company whose proposal we protested, your consultant was able to determine that in this -- one example that they showed, still A shows a vehicle getting to an intersection at zero miles per hour, and then .6 seconds later, that same vehicle, according to ACS's data bar, is clocked at 90 miles per hour. Now I know of no car that can go 0 to 90 in .6 seconds. The conclusion there being that this type of data bar, this type of information, the representation of a vehicle traveling zero miles per hour in one frame and then 90 point six seconds later would make a red-light violation citation unsupportable in court. Therefore, you would have a program that would not be able to issue valid citations if you were to go with the competition. ACS's example of a daytime raining violation. Again, an A shot that shows a car at the intersection at zero miles per hour, and then .6 seconds later, it's at 69 miles per hour. Conclusion by HNTB, your independent consultant, the representation of a vehicle traveling zero in one frame and 69 miles per hour in another is unsupportable in court. And additional data bar examples are included in there. I'm not going go through every single one of them. Just clearly, again, conclusion after conclusion in -- by HNTB that none of the shots provided by ACS would give you a violation that is supportable in court. In their submittal to the City, ACS had indicated that they had cameras in operation that met the specifications of the City's RFP. The fact is, they didn't have a single one. And based on this -- anywhere in the US (United States) by the way -- HNTB decided correctly that on January 26, when that proposal was submitted, that ACS was not responsible. There's one other issue and that's one that was included in the report that is before you by HNTB, and that is that your RFP required a close-up of the license plate of the violating vehicle. They did not provide a single example where they have the technology or where they have that in that RFP to show that they can have a close-up of the license plate of the violating vehicle; again, another one of the reasons and grounds that HNTB used to support their determination that ACS was not responsible. And for these reasons, based on this finding of non -responsibility, ATS, the company that I represent, is the highest -ranked responsible, responsive bidder, two requirements that you need to have in order to award a contract on this red-light program. Now real quickly, just going over some of the procedural matters, I suspect that you may get a request here for some kind of deferral or delay, I don't know exactly, from ACS. But let me just point this information out to you and I think it's important. The bids were submitted on January 26 of last year, of 2009. Our protest was filed on May 8, 2009 as well. Since that time, ACS has had opportunity to address these issues, rebut these issues of non -responsibility, and they have not done so. Furthermore, HNTB gave them ample opportunity to rebut these issues when HNTB was conducting its due diligence inquiry. In fact, they called ACS. They not only called them, but also faxed information over to them and questions over to them regarding these issues as far as their equipment, their equipment not meeting the specifications of the RFP, their equipment not being able to do what the RFP City of Miami Page 93 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 required, and the very severe problems that ACS has had with its data bar. And as a result of that information solicited and requested by HNTB in finishing up the due diligence review, HNTB came to the same conclusion, which is ACS is non -responsible, and therefore, that's what is before you today. Now, as far as, you know, additional debate on this issue, we can have, you know, debate on this. It won't change the facts. The facts are that on January 26, which is when this bid was opened, they didn't have a single camera that met the specifications of your RFP. Now your RFP, under law, doesn't require them to modifir their proposal after the fact, after submittal. But what's more, even if they were allowed to do it, which again, is against the law and against the RFP, they still cannot deliver the product that you want, that your RFP requested, and that meets the City's needs. Only one company can do that at this time and that's American Traffic Solutions. I -- with that, I close. I want to request five minutes or appropriate time, two minutes, for a rebuttal, if necessary, but that is the conclusion of my presentation. And I'd like to submit -- and I have submitted those -- that pamphlet over to you and to the Clerk as well so that you have it for the record. Chair Sarnoff Thank you. Mr. Marcos: Commissioner, may I state something for the record -- Chair Sarnoff Sure. Mr. Marcos: -- on the City's part? I would like to submit for the record that HNTB came back with a finding, and there was two findings. One, that ACS was not responsible at the time of submittal, andRedflex, which was the second -ranked firm, was also non -responsible, givingATS legal standing and therefore seeking upholding of the protest by the City Commission. Mr. Diaz de la Portilla: And there was one additional finding, ifI may. I didn't mention Recflex because, quite frankly, Redflex, they're not present here today. They're not really present in the state of Florida, at all. Their CEO (Chief Executive Officer) basically said that he doesn't believe red-light programs are legal in the state of Florida and -- Commissioner Gort: They're not. Mr. Diaz de la Portilla: -- you know, they don't have a single contract with a single city in the state of Florida, so that's why I didn't mention Redf ex. But the other finding that is important by HNTB and by your procurement director is that ATS, American Traffic Solutions, is responsible and is responsive. We were asked the same questions. They did their due diligence on us as well and the determination was that we were responsible and responsive and that ACS was not responsible. Thank you. Chair Sarnoff Thank you Yes, sir. You're recognized for the record. John Shubin: For the record, my name is John Shubin, Shubin & Bass, 46 Southwest 1st Street, City of Miami. I'm here today on behalf of ACS. I have a few procedural issues I need to put on to the record. First of all it, I am very familiar with your lobbyist registration ordinance, and I want to be very candid with you that our firm was retained as legal counsel this Monday. We attempted to register today, as we are required to do, and pursuant to your lobbyist registration ordinance, we were not able to have our lobbyist registration accepted because we could not provide the City Clerk with the certificate of completion of the ethics course. The next ethics course -- andl believe I am enrolled in it -- is the 17th, next Wednesday. I can report to you that there is a check, there is an application. It is sitting on someone's desk who is taking the day off and hopefully tomorrow morning they will be -- they will confirm that we will be able to participate in that course, but I do want to just fully disclose that up front so there's absolutely no suggestion that we're attempting to violate your ordinance. I will say, however, that in the state of Florida, corporations require counsel to state legal arguments. They are not like individuals City of Miami Page 94 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 who can appear on their own behalf. This is an out-of-state corporation. They need legal counsel. We were retained on Monday. The facts speak for themselves. The report that is at issue was generated on March 3. We received it on the 4th and, in fact, we have filed a formal response yesterday on the 10th. We have every intention to comply with the lobbyist registration ordinance. We're not hiding anything, but we simply want to put that on the table. I think -- Chair Sarnoff Wait. Before you proceed further, let me get some advice from the City Attorney. Should I frame the question or are you going to give me the answer? Julie O. Bru (City Attorney): Well, this is a difficult issue because, as you know, we just recently amended the ordinance and added some additional requirements. I think counsel has been very forthright. He has every intention to comply. It's just the timing of it is making it impossible for him to comply and represent his client at the same time. Chair Sarnoff Should we do a motion or can we do a motion to allow that? Ms. Bru: No. You know, your ordinance doesn't provide for a waiver. However, the penalty for violation, if it is determined that it's something that was willful, I guess would have been if he does obtain some sort of contract as a result of his appearance here today, this Commission could consider it again and revote on it. So I think that, you know, being kind of like, you know, out there, possibility and not something that's real and tangible right now -- he is going to comply. He's expressed every intent to comply with the ordinance, and I think you should proceed to listen to him -- Chair Sarnoff All right. Ms. Bru: -- because he's representing -- Chair Sarnoff Sorry, Mr. -- Ms. Bru: -- a client. Chair Sarnoff Go ahead. Mr. Shubin. Mr. Shubin: Okay, thank you. Let me just try to put this in perspective. And I think some of what you heard today is appropriate for a public hearing, but it's really not appropriate for your ultimate consideration. There is absolutely no dispute that our client, ACS, which is part of a multibillion dollar Fortune 500 company, is fully responsible, is an industry leader in technology, and is fully responsible in all respects to supply the City with the technology that it needs to comply with the law should it go forward. And what is interesting is it was not until March 3, 2010 that there was a determination that ACS was not responsible. Think about it. The proposals -- the response to the request for proposals are opened January of 2009. The evaluation committee meets April 29, 2009. Absolutely no determination from the City that ACS was not responsible. In fact, ACS goes through the evaluation committee, all of the criteria, including technological components, is ranked first, where ATS is ranked third. ATS had every right to file the bid protest. ATS had every right to make the allegations it did. We dispute those allegations, but it was not until almost nine months, ten months after the bid protest that the chief procurement officer -- again, and he has every right to deliberate at the speed that he believes is most appropriate -- concluded that ACS was not responsible. Now, there is a procedure in your Code to deal with this specific issue. The procedure, because a finding of not being responsible is obviously a very serious finding, it intends to give due process to those for whom there is such a determination. It's Section 18.95 of the Code and it provides the entity with whom there has been this finding the opportunity, within a reasonable period of time, to respond to the allegations that they are not responsible. We have every intention of doing so. As I said, in three working days, we produced this document, which is both a bid protest of the recommendation City of Miami Page 95 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 and a preliminary, a very preliminary response to the determination that we were not responsible. We are working out a process with your chief procurement officer where we intend to address every specific allegation that was set forth in the bid protest that was adopted by your chief procurement officer. We also have a right to have our bid protest heard to the extent that you affirm the recommendation. And as you all know, that stays the ability to let the contract or to award the contract, which would be our filing of a bid protest. So, at the end of the day, we think the appropriate thing for you to do is to basically wait until you get to hear from ACS, see the evidence that we're going to provide that we are responsible, let our bid protest be -- work its way through the system, and let the chief procurement officer evaluate it. We reserve the right to amend. I think we filed perhaps early. We're waiting on some public records act request so we can determine the full extent of the decision, and then you will have before you both sides of the story. We don't believe that four working days, after getting a determination of not being suitable, is sufficient time in us -- for us to prepare a response, particularly for a company that has many of its officers on the road. So we recognize that it's up to your discretion, but we think the appropriate thing to do is to wait until this bid protest is resolved, the issues are resolved, and until such time as we have had the opportunity to make the appropriate presentation to your chief procurement officer. Again, we were -- ACS was the first -ranked respondent. At no point before the evaluation committee were they told they were not responsible. ATS was third. You owe it to your evaluation committee to give due deference to the determinations they made. And I think you also owe it to the City to make sure that you don't simply discount the first most responsible ranked respondent because of what we believe is a very, very highly technical finding. And I'll be very specific and I'll conclude. We have a disagreement and here's the best way that I can phrase it. Let's suppose an entity wants to have a transportation system, an aircraft transportation system, and it's contemplating having twin turbo props because it thinks that that may be the most appropriate way to get its professionals from point A to point B and Beach Craft submits a response, but Boeing and Airbus submit responses. What has happened in this case is your chief procurement officer has determined that the Boeings and the Airbuses of the industry are not responsible because they simply don't have the same product line for turbo props that maybe the other bidders did. And by the way, it's based on a legal determination that it's at the time of the filing of the RFP. Yet, the finding of responsibility was made a week ago. We -- this is a industry that has technological change every three to every six months. You're not going to wed yourself to a technology that may have been the best technology 18 months ago. I think you owe it to the City. Due process should be afforded. You couldn't let the contract out anyway. Obviously, the entire system is still the subject of legal limbo. Let both sides put their best foot forward. Let ACS, the industry leader, be able to put forth its evidence to demonstrate to the City that it is absolutely, absolutely suitable and responsible to be the provider of these services to the City. Chair Sarnoff So -- can I just ask you a couple of questions, Mr. Shubin? Mr. Shubin: Sure. Chair Sarnoff. You indicated the date that you learned of the -- well, I take it that ATS does a protest that -- Mr. Shubin: They did a protest in May 8, 2009. Mr. Diaz de la Portilla: May 8, 2009. Chair Sarnoff Right. And that determination occurred when? Mr. Shubin: March 3, 2010. Chair Sarnoff. And March 10, 2010, you did a protest? Was I wrong --? City of Miami Page 96 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Shubin: We -- because it's -- there's some lack of clarity in the Code as to -- Chair Sarnoff Right. Mr. Shubin: -- whether you protest the determination or the affirmation, and in an abundance of caution, we filed a protest yesterday and reserved the right to amend, and we've also very specifically reserved the right to present evidence on the issue of whether or not we were responsible as a matter of law. Chair Sarnoff Procedurally, you believe who makes that determination, this City Commission? Mr. Shubin: As to responsible? Chair Sarnoff Yes. Mr. Shubin: The chief procurement officer. Chair Sarnoff So then this City Commission listens to him and makes a determination as to whether we find him credible or the --? Do we evaluate any of his evidence or do we --? Mr. Shubin: I'll either -- well, your Code doesn't contemplate any type of evidentiary hearing, which is why I was surprised to hear Mr. Diaz put on his presentation. Diaz de la Porte [sic], excuse me. But let me make it either more simple or more complicated. Because of our bid protest -- the sole basis for their bid protest was that we were not responsible. Let's say, hypothetically, that we're able to convince the chief procurement officer that we are responsible. That is the primary basis for his conclusion on this bid protest. So I would suggest that although you probably have the right to affirm his recommendation, it would probably be premature to do so. You couldn't let out the contract anyway because it has to be stayed pending our protest, so let's just let all -- let's let the City be the beneficiary of everyone's evidence and everyone's analysis to the chief procurement officer and bring this up sort of tied up in a bow and you can make a decision then and there. Chair Sarnoff All right. Mr. Procurement Officer -- Mr. Marcos: Yes, sir. Chair Sarnoff -- you received the 3/10 -- I guess you received it yesterday, what is described by counsel as a bid protest and/or response? Mr. Marcos: Yes, I did. Chair Sarnoff Have you read it? Mr. Marcos: Yes, I have. Chair Sarnoff. Have you studied it? Mr. Marcos: Not in detail. Chair Sarnoff Are you comfortable giving us a recommendation in the condition that it's in now in your condition -- in your ability to relate what the March 10 protest and response says? Mr. Marcos: I would state that according to the procurement Code, I would have to give due process to ACS and I do want to give them that affordability of due process. City of Miami Page 97 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff So you will not make a recommendation to this Commission? Mr. Marcos: As far as my recommendation of upholding ATS's bid protest, I will make that recommendation. If ACS so chooses to come back and file a bid protest, at the time of recommending an award, then I would have to entertain that bid protest. Chair Sarnoff Okay. Let's rewind then 'cause we all agree that some determination was made on March 3. Mr. Marcos: That's correct. Chair Sarnoff All right. And you would agree that you received something from Mr. Shubin? Mr. Marcos: Yes. But at that particular point in time, once I made my determination of non -responsibility, I did not receive their bid protest -- Chair Sarnoff. Well -- Mr. Marcos: -- ACS's. Chair Sarnoff -- he says under 18.95 of the Code, he has an opportunity to respond to the allegations. Mr. Marcos: Yes, he does. Mr. Suarez -Rivas: Yes. This -- Chair Sarnoff I'm sorry. I don't want to cut you off. Mr. Suarez -Rivas: No. I just wanted to give a legal point, ifI could, briefly. What 18.95 of the Code says is that before a final determination of non -responsibility is made, which we suggest in this instance would be by the City Commission in deciding that they're either going to approve or disapprove the Purchasing director's recommendation, that Mr. Shubin's vendor, that the company he represents has the right to present rebuttal evidence, but it doesn't give a specialized hearing or an individual hearing on that. What is protestable [sic] under the Code -- because I know the Commission doesn't hear these very often -- is the solicitation itself or the award, and here that original protest that was filed by, you know, ATS was a protest of the recommended award that was originally planned. Chair Sarnoff. When was the protest filed? Mr. Suarez -Rivas: The protest was filed in May 8, 2009. I think there was a time period, but it did involve engagement of a specialized traffic engineering kind of expert to -- yes. Chair Sarnoff Between May 8, 2009 -- either one of you can answer this -- and March 3, 2010, did we hear anything from ACS? Mr. Marcos: ACS was fully informed that a bid protest was submitted by ATS, so they -- Chair Sarnoff I understand. My question's -- Mr. Marcos: -- understood -- Chair Sarnoff -- a little different. Did you get -- receive anything from ACS? City of Miami Page 98 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Marcos: No, sir. Chair Sarnoff Okay. Does the Code provide in any way, shape, or form that they were supposed to respond prior to -- well, is there any part of the Code that we should be thinking about that would provide that they should have responded between May 2008 and March 3, 2010? Mr. Suarez -Rivas: There is no expressed part of the Code that addresses that. The Code is silent on that. What the Commission may want to consider are reasonable person standards or commercial standards or, you know, general awareness of a bid protest. Should you have responded, should you have made inquiry, but the Code does not require it. No, Mr. Chair. Chair Sarnoff. So then -- wait, wait, wait. So the first time now we're hearing from ATS [sic] is March 10, 2010, which arguably is one week after they received notification that ATS's appeal has been sustained -- protest, I'm sorry. Mr. Marcos: Correct. Priscilla A. Thompson (City Clerk): I'm sorry. Chair, that's not -- Chair Sarnoff I know. They're not at the -- let's take one at a time. I'm having a lot of -- let me just tell my Commissioners what I'm having trouble. Number one, obviously, our Code has a pretty gaping hole in it because there's no expressed procedure. Number two, it seems like ACS, with all due respect, may have, don't take this the wrong way -- sat on its rights. However, there was no direct procedural due process upon which it could rely upon in the City Code as to when it had to file. Once you learn of something, you did act reasonably promptly in law parlance to get a protest out and/or a response within a week's time. I don't want to say it's a herculean effort, but it isn't that far from it. What is the harm if we gave them some due process? What is the harm if you got -- if you went home tonight, studied the March 10, 2010 response by ACS and came back to us in 30 days, maybe the next Commission, and said I'm affected by this, I'm still unaffected by this? The City Attorney can, at that point, let us know you need a hearing, you don't need a hearing. You simply accept what -- See, I don't know how we just accept what you say. Mr. Marcos: There's no harm there, Commissioner. What you have here today before you is upholding my recommendation based upon a bid protest that was submitted by simply ATS. Chair Sarnoff Stay right there 'cause I'm comfortable with that, but -- you know, Glenn, people either have to like you or dislike you from what I'm hearing right now. Oh, I like Glen, so I'm going to listen to him. Or I dislike Glenn; I'm not going to listen to him. Mr. Marcos: Typical of a chief procurement officer's duties every single day. Chair Sarnoff But my point is unless some evidence is given to us, how do we evaluate what you're telling us? And if that's another flaw in the Code -- I mean, there's got to be some information given to this Commission to either say you acted arbitrarily and capriciously -- Unidentified Speaker: Capricious and that's -- Mr. Suarez -Rivas: That is the standard. That's correct. Chair Sarnoff See that. I hit that one on the head. Mr. Suarez -Rivas: You did. City of Miami Page 99 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff But that means that some evidence has to come to us, like -- for instance -- Mr. Suarez -Rivas: Right. Well, you -- Chair Sarnoff -- like -- this would be fun for me. Let's say -- talking to ATS right now. ATS is saying ACS has no contracts here in the state of Florida in 2009. Right, and I'm sure ATS is saying untrue, untrue, or ACS is saying not true, excuse me, not true. You know, I'd -- Mr. Suarez -Rivas: Mr. Chair? Chair Sarnoff -- love for somebody -- Stop for a second 'cause I don't know how much I want to go into this. -- to be able to refute that and say, you know, Mr. Marcos didn't consider this because here we are. We have seven contracts, St. Petersburg, Clearwater, Tampa. Mr. Marcos: What I would like to state for the record is this, Commissioner. The responsibility factor is something that's done -- that due diligence is done by the Procurement Department. It's not done by the evaluation selection committee, number one. Once we end up recognizing that we don't have the expertise, which I acknowledge here, we did not have the expertise to determine responsibility, we ended up engaging an outside independent consultant to tell us what we couldn't find ourselves. Based upon that engagement of HNTB, they came back and acknowledged the fact that, indeed, the non -responsibility factor needed to be considered, in which at the time of response to our RFP issuance, they were not responsible. "They" being ACS and Redflex. I cannot consider anything else after the fact, Commissioner. Chair Sarnoff. Well, let me ask it this way because maybe this will affect some of my recommendations to this board. Between the time of the protest of May 2008 and March of 2010, did anybody try to contact ACS and were they non -responsive? Mr. Marcos: During that time period, HNTB was engaged to do that. Chair Sarnoff. So shouldn't we hear from somebody from HMTB [sicJ? Mr. Marcos: What I can say is, is that as part of my response to the bid protest, you did hear from them indirectly as exhibits have been attached to my bid protest response. Chair Sarnoff Is it --? Mr. Marcos: And every finding that was found by that independent assessment is there, and based upon that independent assessment, I made my determination of non -responsibility. Again, I must state for the record -- And can I use one example, Commissioner? I think it's very, very prudent to state for the record -- this is the example that I can use for all of you. Let's say, for example, I need to end up engaging an attorney, okay. And the attorney that I need is for a real estate engagement, a transaction. Am I going to get a real estate attorney or am I going to get a maritime attorney? And -- Chair Sarnoff. Where is it located? Is it an island? No, just kidding. Mr. Marcos: So I'm not denying the fact that both of you are not attorneys -- Chair Sarnoff Right. Mr. Marcos: -- and I'm not denying the fact that ACS is not in the business of providing red-light traffic cameras. What I am stating for the record is based upon the independent assessment, what I have been told by that independent assessor is that they did not have the particular camera system that we speced out in our RFP, and therefore, based upon that evidence, I have City of Miami Page 100 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 determined non -responsibility, not only in ACS, but also in Redfex. Chair Sarnoff Then in your opinion, what is the point of Section Code 18.95? Mr. Marcos: Obviously, that's there because of the fact that ifI do determine somebody non -responsible that they be given or afforded an opportunity to be heard. Chair Sarnoff. When did they -- when, in your opinion, did they get their opportunity? Mr. Marcos: Well, if the Commission so chooses to do this today, that's up to the Commission. Mr. Diaz de la Portilla: And -- Mr. Shubin: Mr. Chairman, ifI may? Chair Sarnoff I'll let -- I'm going to give Diaz de la Portilla two minutes, and then I'm going to give you two minutes, so go ahead. Mr. Diaz de la Portilla: Okay, real briefly. ACS had actual knowledge of all our grounds for protest. And by the way, the grounds weren't just responsibility. There were a number of responsiveness grounds that we raised in our protest back on May 8, 2009. So they had actual notice of that, number one. Number two, HNTB was contracted by the City of Miami to go ahead and contact each one of these vendors. And on page 15 of the HNTB report that is in your packet, HNTB tells you we contacted ACS, we contacted Redflex, we contacted ATS. We specifically raised the issue of responsibility that were raised in the protest with each one of these vendors. We not only contacted them by phone, but by e-mail (electronic). And that's on page 15 of the report that HNTB submitted to you. Now ACS was contacted directly by HNTB. What's more, on the issue of responsibility, there's nothing that ACS can do to address that issue because you're looking at a snapshot of January 26 when that was submitted and what was the technology that they had in place at the time. Was it technology that met your RFP requirements? No. And there's nothing they can do tomorrow or four years from now that will change that fact. They can't modifir their proposal after the fact. That's what the law says. Now in terms of raising additional issues, they're free to file a bid protest just like we did. But for that to happen, you have to have an award or a decision on award, and that'll trigger the two days and then the five days. They can have additional due process that way and file their protest and raise their issues. Again, I don't know -- I don't see how they can possibly address the issue of responsibility back on January 26 because the fact of the matter is, you know, they don't have a time machine; they can't go back. And by the way, talking about just what has happened recently, if we want to talk about that. Just last night the City of Miami Beach came within an inch of terminating their deal with ACS and in fact instructed the Manager to award 15 intersections to ATS. So, you know, that's responsibility today. I didn't really necessarily want to bring that up, but we're talking about the snapshot in time and whether they've had an opportunity. They've had over a year. Chair Sarnoff Okay. Let me -- Mr. Diaz de la Portilla: They've had over a year. Chair Sarnoff. Mr. Shubin, how can you address page 15 of the HMTB [sic] report that says your client was contacted and did not respond? Mr. Shubin: Let me make it very clear. Did ACS know there was a bid protest? Absolutely. Did ACS know that one of the grounds for the bid protest was that they were not responsible? Absolutely; they read it. Did they know that an independent contractor had been retained to do due diligence and determine -- make a recommendation to the chief procurement officer? City of Miami Page 101 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Absolutely. Was there some communication? Absolutely. But the reality is, until on March 3 the chief procurement officer said -- and let me just quote -- "Therefore, based on the independent assessment due diligence review conducted by HNTB's technical expert, I have determined that both ACS and Redflex are non -responsible firms. And pursuant to the Code of the City of Miami, both ACS and Reflex [sic] are hereby given notice of said decision in response to ATS's bid protest." So, sure, we knew that the issue was on the table, but it wasn't until March 3 that we knew what the chief procurement officer had done. And then the Code is very clear. It says -- and this is exactly our case -- if a prospective contractual party who would otherwise have been awarded a contract is found non -responsible, a copy of the determination and the reasons therefore shall be sent promptly to such party -- I would argue that's the March 3 determination -- which shall be given a reasonable opportunity for rebuttal prior to a final determination of non -responsibility. What we're saying is, four working days or five working days is simply not a reasonable opportunity for rebuttal, and that's our argument, plain and simple. These are very unique circumstances where you have the first -ranked bidder nine months later -- you know, usually the determinations of qualification are done before they go to the evaluation committee. Here, it went to the evaluation committee, the evaluation committee rankedACSfirst -- well, I'm Chair Sarnoff Let me ask this question. If, in fact, we pass this resolution, am I incorrect under my impression that Mr. Marcos is then free to negotiate with all three bidders? Mr. Suarez -Rivas: When -- if you -- Mr. Shubin: No, he's not. Commissioner Gort: No. Mr. Shubin: No. Mr. Suarez -Rivas: Well -- Chair Sarnoff He's not? Mr. Suarez -Rivas: -- if you passed this resolution -- because the Commission has the option, of course, in hearing this matter to approve or disapprove Mr. Marcos' determination -- and then he could go, I think, contract negotiations. But you cannot award -- what the Code says is that there will be a stay pending any protest of an award unless the Manager determines an exigent circumstances [sic], public health, safety, and welfare. And to reiterate, Mr. Chair, there is a right to speak before a determination of non -responsibility is made. But what I was trying to articulate before -- and ifI didn't, let me attempt it again -- is what -- there's actually a right to protest in the Code -- is you're either protesting the specs, which is not applicable here, or you're protesting an award. So that -- this protest that you have before you arose out of the recommendation of the award, and it would be when this other award determination would be made that the other protest would ripen, for lack of a better word. And this is an executive legislative decision of the Commission and not quasi-judicial . Thank you. Chair Sarnoff So if what you're saying is correct, wouldn't the -- and maybe Mr. Shubin can make some stipulations -- better action --? 'Cause it seems like if we approve this now, then Mr. Shubin has a protest, which inevitably we have to hear. So couldn't we wrap this up so that we have to hear this maybe one more time? We've -- well, I hear everybody -- you know what? When judges rule against me, I do the same thing. Bad idea, Judge. Bad idea. But shouldn't we try to wrap this up so that some due process is afforded? Maybe you would stipulate somehow that Mr. Marcos makes a recommendation to us. I know we're going to have to hear some evidence 'cause we have to decide whether your determination is arbitrary and capricious. So isn't -- doesn't prudence dictate that we give them, I don't know, 30 days to -- for him to submit in City of Miami Page 102 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 10 days another response; Mr. Marcos comes back 15 days later with a report to this Commission and we put it on and --? Mr. Diaz de la Portilla: We would stipulate that that satisfies the due process reasonable opportunity. We wouldn't -- Chair Sarnoff Isn't that -- Madam City Attorney, isn't that a big stipulation right there? Or -- I'm sorry, Mr. City Attorney. Mr. Suarez -Rivas: The -- it is a substantial stipulation. What I want the Commission to be clear -- and again, excuse us, but I know you don't often hear these -- is 18.95 just gives a right to be heard, due process, but it doesn't give up procedure, like the protest of an award. So normally -- what the Commission is hearing now and deciding based on the materials and agenda packet presented and so forth, whether they're going to approve or disapprove Mr. Marcos, that has to do with an award, and that hasn't happened yet. That's normally when -- that is normally when they would file a protest. That is normally when ACS would file a protest. I know this is all very technical, but I'm just trying to -- Mr. Diaz de la Portilla: Mr. Chairman, if I may. There needs to be an award determination for them to file their protest. If there's no determination, then you don't go on 18-104 at all. So that's when they get their additional due process. Mr. Suarez -Rivas: Yes. And that's what I've been saying. I -- the Commission has -- you know, if you want to fashion it in a way of you know, Mr. Shubin can be heard now or can be heard if the Commission finds it more expeditious at some other time. What I'm telling you is that the protest under our Code by Mr. Shubin would be once an award was going to be made to another vendor other than his client. Chair Sarnoff You know, I could tell you that something Judge Patterson once told me in New York. You can never be overturned for giving somebody too much opportunity. Mr. Suarez -Rivas: Well, that is true. And you know, you don't often hear protests. And here you have two different active parties and, you know, normally, if the Commission was a judicial body, you could say I'm going to consolidate these, but there is no such process in the Code or anything like -- so -- Chair Sarnoff Here's what I'm going to move to do, and here's my motion. I'm going to move that any and all papers that ACS thinks needs to be considered by our procurement director be provided to him within ten days; that he comes back to -- with determination to this Commission ten days there later; that this be heard 30 days from today on whatever kind of format it's determined the City Attorney needs to bring to us, whether it's a bid protest or whatever it is you think we need to hear. And I would both say -- I'd say to both of you, you're going to have to provide some evidence to this Commission if you can't -- Mr. Suarez -Rivas: We would like -- yes. Chair Sarnoff Let me finish. -- reconcile. Because if we're going to determine arbitrary and capricious standards, we need some evidence to make that determination. Commissioner Gort: We need more information. Mr. Shubin: So -- Carlos A. Migoya (City Manager): Mr. Chairman, if I may. The only issue for expediency is the state Legislature is dealing -- addressing this issue, and we were trying to get ahead of it from a City of Miami Page 103 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 grandfather standpoint. So instead of 30 days, if we could do this in 15 days at least, I think that maybe that's doable. Chair Sarnoff I love how you work this Commission. Mr. Migoya: I'm sorry about that. Chair Sarnoff Go ahead, Madam -- Vice Chair Carollo: Okay. Hold on, hold on, hold on. With that said -- hold on. Let me just -- I have a motion by Chairman Sarnoff. Is there -- Commissioner Dunn: Second. Vice Chair Carollo: -- a second? Commissioner Dunn: Second. Vice Chair Carollo: Seconded by Commissioner Dunn. Madam City Attorney or --? Ms. Bru: Well, what I wanted to suggest is if we're trying to give Mr. Shubin the due process and we're trying to kind of formulate a process that's not really stipulated in the Code, that if he wants to facilitate this and comply with the Manager's concern about expediency, he can waive any further protest that he might have a right to when you announce the award and that should be reasonable. So we would consolidate everything and as long as he waives any further protest when the award is announced. Mr. Shubin: I would have to consult with my client, but 1 will say this. One other thing. We think 30 days is appropriate, not 10 days. But one thing -- and I'm doing this for the benefit of the Commission because I've seen this play before. One thing you might want to consider is giving a strict time limit to both sides so that both sides have some guidance from you as to how you want them to present their arguments and evidence. And I think -- I tend to look at this almost more like an oral argument. We will present our evidence to the chief procurement officer. Both sides will present our [sic] evidence. You'll have it before you. We'll make our comments on the evidence as opposed to putting on a full dog -and -pony show. You may want -- we may need to have one representative from ACS speak directly to the issue of responsibility, but we could allocate that within, say, a 15-minute time period, whatever you all deem appropriate. But if you don't put a time period on it, these things can go 'til 2, 3 in the morning. Chair Sarnoff Oh, I agree. Vice Chair Carollo: And Mr. Shubin, as far as procedures, I'm chairing the meeting now, so I'm asking -- I'm requesting from everyone that you address the Chairman before speaking and wait to be recognized. Mr. Shubin: My apologies, sir. Chair Sarnoff Mr. Vice Chair? Vice Chair Carollo: Thank you. Mr. Chairman. Mr. Suarez -Rivas: And -- Chair Sarnoff I need to know your time frames. I need to know what's your -- what time frame you need. City of Miami Page 104 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: Mr. Manager or -- who's that question for, Mr. Chairman? Chair Sarnoff I'm sorry. I'm looking at the Manager. Mr. Manager -- Vice Chair Carollo: Mr. Manager. Chair Sarnoff -- I'm trying to work within your little colloquy. Mr. Migoya: I'm just trying -- what I'm trying to do is try to get under the May 1 deadline, so that's why if we at least got this heard by March 25, which is 15 days from now -- or 14 days. But I don't know if you can make that happen. But we'll deal with whatever you come up with. Chair Sarnoff. Mr. Chairman? Vice Chair Carollo: I'm sorry. Chairman Sarnoff. Chair Sarnoff Can you help us with time delays? Can you get any further documents you need to the procurement officer within five days? Mr. Shubin: Five -- Vice Chair Carollo: Mr. Shubin, you're recognized. Mr. Shubin: I'm sorry. Vice Chair Carollo: You're recognized. Mr. Shubin: I don't know if we can -- would -- five working days or five calendar days? What Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Well, I know this. I'm going to ask the Manager, he's going to say five days 'cause he's working on a calendar. Mr. Shubin: Right, and that presents real difficulty for us, particularly when we have a public records act request that we submitted on Monday and it hasn't been responded to by the City and we're working with the City to get the documents we need to prepare our case. Chair Sarnoff Mr. Chair? Mr. Diaz de la Portilla: Mr. Chair? Vice Chair Carollo: Go ahead, Mr. Chairman. Vice Chair Carollo: Mr. Manager, what is the advantage of making the May 1 deadline? Is there a financial advantage? Is there --? Mr. Migoya: There may be some financial advantages as to the distribution of revenues between the state and the cities who are grandfathered in. Mr. Shubin: But I would suggest it would be -- Chair Sarnoff Again, if you could address the Chair. City of Miami Page 105 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Shubin: I'm sorry. May I be recognized? Mr. Diaz de la Portilla: Mr. Chairman, I'd like to be recognized too, if I may, afterwards. Vice Chair Carollo: Right after. Mr. Shubin: I'll be very simple. If the bid protest stays in place, whether it was filed prematurely and we file it tomorrow, let's say, it would still stay the ability to award the contract anyway. So I don't know -- unless we were to waive all of our rights, and we're not prepared to do that, particularly in light of the circumstances surrounding the initial award, I don't see any way in this -- in which this is going to be resolved within 14 days anyway. We just simply want some due process. These are very serious claims that have been leveled against a very big company that we are not responsible. And we simply need sufficient time, reasonable time. And I think we've been reasonable on our end in order to try to address the City and move this efficiently, but five calendar days is just not reasonable, particularly when we still have outstanding public records requests. Vice Chair Carollo: Thank you. Mr. Diaz de la Portilla. Mr. Diaz de la Portilla: Just a couple of quick points. And I want to make this real clear, and I want the City Attorney to address this issue as well because I think this goes strictly to your law. Now a lot has been said about 18-95. How 'bout [sic] 18-104, which is your protest procedure? They are entitled, meaning ACS, to protest an award, but the time frames don't kick in until there is an award, a recommendation of award. That's when they kick in, so that's why the matter that is before you is before you as it is. Vice Chair Carollo: Actually, you know what, Mr. Diaz de la Portilla? I'm sorry to interrupt you. I'm going to have to take a short recess. It seems like some of the members want to speak to the attorneys and so forth, so I'm going to take a five-minute recess and then, you know, we'll reconvene and address this again. Mr. Diaz de la Portilla: Okay. May I be recognized at that time? Vice Chair Carollo: Yes. Mr. Diaz de la Portilla: Thank you. Vice Chair Carollo: Five-minute recess. [Later...] Mr. de la Portilla: (INAUDIBLE) pick up my train of thought, yeah. Basically, the point that I wanted to make real, real clear is that your Code sets out the rules for protesting an award. And those rules don't kick in until there's a determination of an award, which is why you all need to decide the matter that is before you. Then Mr. Shubin has the same time we did when we filed our protest, and it's a truncated period of time. It's not this 30 days thing. It's two days for a notice of intent to file protest and then five days to file your complete protest. Those are the rules. We abided by those rules when we filed our protest back in May. And he will have the same opportunity that we were given, and that is due process, but you need to make a determination today in order for that to kick in. That's what I was trying to say the last time -- maybe I didn't say it as clearly as this time. Thank you. Vice Chair Carollo: Thank you. City of Miami Page 106 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff Mr. Chair? Vice Chair Carollo: Go ahead, Mr. Chairman. Chair Sarnoff I'd like to withdraw my motion, and I hope the seconder would accept. Vice Chair Carollo: Motion withdrawn. Seconder? Commissioner Dunn: I was the second. I'll accept it. Chair Sarnoff I'm going to move to approve the bid protest, to sustain it. And Mr. Shubin would have, I believe having read the Code, the same due process afforded him that ATS had afforded it on a more truncated process as described, but he will have his due process. Vice Chair Carollo: There is a motion by Chairman -- Chair Sarnoff Second. Vice Chair Carollo: -- Sarnoff Is there a second? Commissioner Dunn: Yes, Mr. Chair. Vice Chair Carollo: Seconded by Commissioner Dunn. Any discussion? Madam City Clerk. Ms. Thompson: Excuse me, Chair. Just wanting to make sure for the record with the City Attorney. I do have in my hands a copy of a substitute for RE. 14, substitute legislation. Chair Sarnoff As amended by the mover. Ms. Thompson: Thank you. Vice Chair Carollo: Seconder? Amended. It is a motion by Chairman Sarnoff, as amended, and seconded by Commissioners [sic] Dunn, as amended. There's a public hearing. Mr. Cruz, you wanted to speak? Mr. Cruz: Mariano -- Vice Chair Carollo: Two minutes. Mr. Cruz: -- Cruz, 1227 Northwest 26 Street. I come here as a citizen. But like me, there may be hundreds of people out there that they don't come here. But I listen to them everyday on the radio. (INAUDIBLE) people about the red-light thing, the camera. The only one I heard once mentioned red-light traffic camera was Mr. Marcos. Only one thing 35 minutes mentioned the word red-light traffic camera. Everything was a mumbo jumbo. Everything -- you can't convince them, then confuse them. That's what you got to do here. I am an electric engineering by training. I'm not a lawyer or high paid lobbyist, but I know what I'm talking about here, okay. When you see so many people or anything come here, 'cause there's big money. I remember also the ACLU (American Civil Liberties Union). I can remember ACLU, American Civil Liberties Union and they suing -- Chair Sarnoff They took you? Mr. Cruz: They took me. Also -- Vice Chair Carollo: Mr. Chairman, don't instigate. Go ahead, Mr. Cruz. City of Miami Page 107 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Cruz: -- (UNINTELLIGIBLE) Poverty (UNINTELLIGIBLE) Center. You know, (UNINTELLIGIBLE). Not only that, but it -- what bothers me is the disguise to enter the back door. They don't call it a tax. They call it safety camera program, all that mumbo -- no. Call it like it is. That's a disguised tax looking for new funding sources for the City. When the City didn't have the guts to raise one or few mills at the budget time. No, I don't want to be the new tax mayor or whatever is everybody. No, no new taxes. And now they realize there is a budget problem and they running, running, running looking, looking for money, new funding sources. No. Cut the expenses, but don't go (UNINTELLIGIBLE) because I am reporting all this tomorrow. Tomorrow I call (UNINTELLIGIBLE). I call everybody. I be calling everybody to report it. And see, the people responsible and people, maybe they don't have -- they have memories. Don't worry. Vice Chair Carollo: Thank you, Mr. Cruz. Mr. Cruz: They have -- Vice Chair Carollo: Thank you. Mr. Cruz: -- memories. Thank you. Vice Chair Carollo: Anyone else from the public wishes to speak on this item? Anyone else from the public wishing to speak on this item? Seeing none and hearing none, public hearing is closed; back to the Commission. Any further discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no. " Motion carries unanimously. City of Miami Page 108 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.1 10-00218 RESOLUTION BOARDS AND COMMITTEES Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mercedez Lopez Cisneros Mayor Tomas Regalado 10-00218 Arts Memo 0311.pdf 10-00218 Arts Current_Members.pdf 10-00218-Memo-Mayor Regalado.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-10-0111 Chair Sarnoff. Let's go through the boards. Let's -- BC.1, Madam Clerk. Priscilla A. Thompson (City Clerk): Okay. On BC.1, these are appointments that need to be made to the Arts and Entertainment Council. The Mayor has proffered the name of Mercedes Lopez Cisneros for his appointment. Commissioner Suarez: So move. Ms. Thompson: Do we --? Well, if I might -- Chair Sarnoff Well, let's see 'cause Commissioner Carollo has one as well. Vice Chair Carollo: I will continue mine. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Sarnoff. Second by Commissioner Dunn. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.2 RESOLUTION 10-00210 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. City of Miami Page 109 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 APPOINTEES: NOMINATED BY: Stanley I. Foodman Chairman Marc Sarnoff Sharon S. Lassar Commissioner Francis Suarez 10-00210 Audit Memo.pdf 10-00210 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-10-0112 Chair Sarnoff. All right, we have BC.2. Priscilla A. Thompson (City Clerk): On BC.2, we have -- for our Audit Advisory Committee, there are three appointments to be made. Chairman Sarnoff. Chair Sarnoff. Stanley Foodman. Ms. Thompson: Stanley Foodman, okay. And then Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Okay. And then Commissioner Suarez. Commissioner Suarez: I'd like to reappoint Sharon Lassar. Ms. Thompson: Okay. May I have a motion? Chair Sarnoff We have a motion, and do -- we need a second. Vice Chair Carollo: Second. Ms. Thompson: Who's going to move --? Chair Sarnoff Mover is Commissioner Suarez -- Ms. Thompson: Thank you. Chair Sarnoff -- second is Commissioner Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. BC.3 RESOLUTION 10-00216 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. City of Miami Page H0 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 APPOINTEES: NOMINATED BY: Nathan R. Kurland Chairman Marc Sarnoff Ralph Duharte Commissioner Wifredo (Willy) Gort Richard Kuper Commissioner Richard Dunn II Marlene Avalo Commission AT -LARGE Violette Sproul Commission AT -LARGE 10-00216 Bayfront Memo 0311.pdf 10-00216 Bayfront 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-10-0113 A motion was made by Commissioner Suarez, seconded by Vice Chairman Carollo, and was passed unanimously, to appoint Marlene Avalo as a member of the Bayfront Park Management Trust; further waiving the employment restriction of Section 2-884 (e) by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to Marlene Avalo as a member of the Bayfront Park Management Trust. Vice Chair Sarnoff All right, we have BC.3. Priscilla A. Thompson (City Clerk): BC.3, these would be appointments to the Bayfront Park Management Trust. We have appointments to be made by Chairman Sarnoff. Chair Sarnoff Nathan Kurland Ms. Thompson: Nathan Kurland? Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Yes, sir. Vice Chair Carollo: I have a nomination for the at -large and one from the Mayor. Chair Sarnoff. Go ahead. Vice Chair Carollo: I'd like to nominate Marlene Avalo for at -large. Ms. Thompson: Marley? Vice Chair Carollo: Marlene Avalo. And I'm going to need a four -fifths 'cause she's a County employee. Commissioner Dunn: Mr. Chair? City of Miami Page 111 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: And -- Chair Sarnoff Let's get the Mayor's appointment. Vice Chair Carollo: -- the Mayor -- Ms. Thompson: Excuse me. There's no appointment there listed for the Mayor. Vice Chair Carollo: Yeah. It's going to be as an at -large, but the Mayor asked me ifI could proffer a name for the at -large for him. Commissioner Gort: Well, I have -- Ms. Thompson: The at -- Chair Sarnoff Let's just hear the names 'cause I know there are other Commissioners that have names. I had a name, but -- okay. Go ahead, let's hear the Mayor's name. Vice Chair Carollo: Violette Sproul. She was actually here this morning. Chair Sarnoff Okay. Commissioner Gort, you have one, and then if you want to -- Commissioner Gort: I have Ralph Duharte, and at -large, Richard Kuper. Chair Sarnoff All right. Ms. Thompson: You -- Chair Sarnoff Well, we -- let's get them all out there. Commissioner Suarez. Commissioner Suarez: I'd like to continue mine, and I guess -- do I have to make a motion or --? Ms. Thompson: No, no. We're fine. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Kuper again, so that -- Chair Sarnoff Richard Kuper? Commissioner Dunn: Richard Kuper, yes. Yes, sir. Chair Sarnoff That takes care of one issue (UNINTELLIGIBLE) get down to it. All right, so right now we have Nathan Kurland, Marlene Avalo, Violette Sprout [sic], Richard Kuper by Commissioner Dunn, and Ralph Duharte by Commissioner Gort. Does that leave us one more at -large? Ms. Thompson: No. Commissioner Gort: No, no. Duharte's not at -large. It's an appointment to the board. Chair Sarnoff Right. Vice Chair Carollo: Violette Sproul and Marlene Avalo -- Chair Sarnoff Right. City of Miami Page 112 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: -- will be at -large. And I think Commissioner Gort wanted Richard Kuper at -large. However, Commissioner Dunn made that appointment. Chair Sarnoff Correct. Vice Chair Carollo: So I think all the three that were considered for at -large are now, you know, taken, so they're all appointed. Chair Sarnoff Okay. All right. So we have a motion? Commissioner Suarez: So moved. Chair Sarnoff We have a motion by Commissioner Suarez. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo. All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff. All right. Ms. Thompson: On BC.4, that's -- Chair Sarnoff We continued that. Ms. Thompson: On BC.4, you've already continued that to the April meeting. BC.4 RESOLUTION 08-01260 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01260 CIP CCMemo.pdf 08-01260 CIP Current_Board_Members.pdf 08-01260 CIP Applications.pdf NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. City of Miami Page 113 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II Thomas Rebull: The other issue, which, if it's not out of turn, if you all wouldn't mind taking it up, is the issue of the appointments, the panel appointments, which has been deferred since beginning around February 2008, and we have 13 panel members. We've been working with 11 for many, many months now, and if you all want to take it up at this time. If you'd rather take it up at another time in the agenda, but just wanted to bring it to your attention. Chair Sarnoff Why don't we --? Mr. Manager, would you bring that back to us --? Depending on if the next -- next agenda, I don't think is too bad. Why don't we try to bring it up for the next agenda, if possible? Carlos A. Migoya (City Manager): Sure. Be happy to. /'Later...1 " Chair Sarnoff Now let's take up the issue ofBC4. Does this Commission wish to hear this today or delay it 30 days? Commissioner Dunn: Mr. Chair. Go ahead. I'll yield. Vice Chair Carollo: I was going to continue it. Chair Sarnoff Okay. So -- well, I'll take that as a motion to continue for 30 days by the Vice Chair -- Commissioner Dunn: Second. Chair Sarnoff -- second by -- Commissioner Dunn: Yes. Chair Sarnoff -- Commissioner Dunn. Any discussion, gentlemen? Hearing none, all in favor, please say Eye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Mr. Rebull: Thank you. Commissioner Suarez: Thank you. Chair Sarnoff Thank you for keeping us on track. [Later..]" Chair Sarnoff Now let's take up the issue ofBC4. Does this Commission wish to hear this today or delay it 30 days? Commissioner Dunn: Mr. Chair. Go ahead. I'll yield. Vice Chair Carollo: I was going to continue it. Chair Sarnoff Okay. So -- well, I'll take that as a motion to continue for 30 days by the Vice Chair -- City of Miami Page 114 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Second. Chair Sarnoff. -- second by -- Commissioner Dunn: Yes. Chair Sarnoff. -- Commissioner Dunn. Any discussion, gentlemen? Hearing none, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Mr. Rebull: Thank you. Commissioner Suarez: Thank you. Chair Sarnoff. Thank you for keeping us on track. BC.5 RESOLUTION 10-00016 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Frank Pitchell Commissioner Wifredo (Willy) Gort Eduardo Moralejo Commissioner Francis Suarez 10-00016 CEB Memo 03-11-2010.pdf 10-00016 Code Current_Members 03-11-2010.pdf 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 R-10-0114 Priscilla A. Thompson (City Clerk): On BC.5, you have nominations to the Code Enforcement Board. Vice Chair Carollo has a nomination. Vice Chair Carollo: Continue. Ms. Thompson: Okay. Then Commissioner Gort. Commissioner Gort: Frank Pitchell. Ms. Thompson: I'm sorry, Frank --? City of Miami Page 115 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.6 10-00214 Commissioner Gort: Frank Pitchell. Ms. Thompson: Pitchell. Okay, thank you. Then Commissioner Suarez. Commissioner Suarez: I'd like to reappoint Eduardo Moralejo. Ms. Thompson: Thank you. And then Commissioner Dunn. Commissioner Dunn: Continue. Ms. Thompson: All right. Chair Sarnoff. All right, so do we have a motion? Commissioner Dunn: So move. Chair Sarnoff. Motion by -- Vice Chair Carollo: Second. Commissioner Gort: Second. Chair Sarnoff. -- by Commissioner Dunn, second by the Vice Chair. All in favor, please say "aye. The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Constance Gilbert Commissioner Richard Dunn II 10-00214 CSW Memo 03-11-10.pdf 10-00214 CSW Current_Members.pdf 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 R-10-0115 Chair Sarnoff Okay. We have the Commission on the Status of Women. Priscilla A. Thompson (City Clerk): On BC.6, the Commission on the Status of Women, you have appointments to be made. The Mayor has not proffered a name to me. He's here. I don't know if he has a name to proffer. City of Miami Page 116 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. No, he does not. Ms. Thompson: Thank you. Chair Sarnoff. And I will defer mine. Ms. Thompson: Okay. And then we have Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Okay. Then we have Commissioner Suarez. Commissioner Suarez: Continue. Ms. Thompson: And then Commissioner Dunn. Commissioner Dunn: Constance Gilbert. Ms. Thompson: Constance Gilbert? Commissioner Dunn: That's correct. Ms. Thompson: Okay. You're reappointing her? Commissioner Dunn: Yes. Ms. Thompson: Okay, thank you. Do you have another one? Commissioner Dunn: I'll continue the other one. Ms. Thompson: All right. Chair Sarnoff. All right. So we have a motion? Commissioner Dunn: So move. Chair Sarnoff. Motion by Commissioner Dunn, second by -- Vice Chair Carollo: Second. Chair Sarnoff. -- Commissioner Carollo. All in favor, please say "aye. " The Commission (Collectively): Aye. ChairSarnoff. All right. BC.7 RESOLUTION 10-00208 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City of Miami Page 117 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Myrna Pinto Commissioner Wifredo (Willy) Gort 10-00208 CTAB Memo 03-11-10.pdf 10-00208 CTAB Current_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0116 A motion was made by Vice Chairman Carollo, seconded by Commissioner Dunn II, and was passed unanimously to appoint Myrna Pinto as a member of the Community Technology Advisory Board,; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 as a member of the Community Technology Advisory Board. Priscilla A. Thompson (City Clerk): On our B -- Chair Samoff: BC.7. Ms. Thompson: -- BC.7, your Community Technology Advisory Board, you have appointments to be made by Vice Chair Carollo. Vice Chair Carollo: I've been continuing all of them, but if I de -- are they going to show up in the next meeting? Ms. Thompson: Yes. Vice Chair Carollo: Okay, continue. Ms. Thompson: Then we have Commissioner Gort. Commissioner Gort: I would nominate Myrna Pinto, who's an -- Ms. Thompson: Okay. Commissioner Gort: -- existing board member. Ms. Thompson: All right. If Ms. -- if you are renominating her? Commissioner Gort: Yes. Ms. Thompson: Okay. All right. She would need a -- Commissioner Gort: Four -fifth. Ms. Thompson: -- four -fifths waiver. Commissioner Gort: Right. City of Miami Page 118 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: Correct. Then we have Commissioner Suarez. Commissioner Suarez: Continue. Ms. Thompson: And then we have Commissioner Dunn. Commissioner Dunn: Continue. Ms. Thompson: So we need a motion, please. Vice Chair Carollo: So move. Commissioner Dunn: Second. Commissioner Suarez: Second. Chair Sarnoff. All in favor, please say "aye." The Commission (Collectively): Aye. BC.8 RESOLUTION 10-00205 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EDUCATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Evelio Torres Vice Chairman Frank Carollo Xavier Cortada Commissioner Wifredo (Willy) Gort Victor Manuel Roche Commissioner Francis Suarez 10-00205 EAB 03-11-10.pdf 10-00205 EAB Current_Members.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-10-0132 A motion was made by Vice Chairman Carollo seconded by Commissioner Suarez, and was passed unanimously, to waive the residency requirements in Section 2-884(a) by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to Evelio Torres as a member of the Education Advisory Board. Priscilla A. Thompson (City Clerk): Then we have BC.8. BC.8, we have appointments to be made to the Education Advisory Board. Commissioner -- I'm sorry, Vice Chair Carollo. Vice Chair Carollo: I'd like to nominate Evelio Torres. City of Miami Page 119 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: Evelio Torres. Vice Chair Carollo: And he might need a four -fifths, so hopefully we'll get a unanimous. Ms. Thompson: Would it be a --? Vice Chair Carollo: A waiver -- I'm not sure if it's going to be residency. He's actually on the board. He was one of the former Manager's appointee -- Ms. Thompson: Okay. Vice Chair Carollo: -- so we should have his information. Ms. Thompson: All right. Thank you. Then Commissioner Gort. Commissioner Gort: Xavier Cortada. Ms. Thompson: Xavier. Commissioner Gort: Cortada. Ms. Thompson: Porta [sic] --? Commissioner Gort: Cortada. Ms. Thompson: Thank you. Vice Chair Carollo: And Madam City Clerk, I'm sorry. Ms. Thompson: Yeah. Vice Chair Carollo: This is the board that I mentioned, the Education Advisory Board. I don't even know if they've ever met. Ms. Thompson: I confirmed that with the new liaison, and you're absolutely correct. They had not met yet. However, just to give you some history, they had to first be constituted with seven voting members, and they did not have the seven voting members until last month. So that was the reason why. Vice Chair Carollo: Gotcha. Ms. Thompson: They could not meet because they would have not met the -- Vice Chair Carollo: Had quorum. Ms. Thompson: -- and met the requirements of the ordinance. Vice Chair Carollo: Thank you for that. Ms. Thompson: You're welcome. Okay. So -- then I'm sorry, Commissioner Suarez. Commissioner Suarez: I'd like to proffer the name Victor Manuel Roche. Chair Sarnoff All right, do we have a motion? City of Miami Page 120 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff. All right. We have a motion and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous. BC.9 RESOLUTION 10-00207 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Pedro M. Villa Chairman Marc David Sarnoff 10-00207 EO Memo.pdf 10-00207 EO Current_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0118 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, 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 Miriam Urra as a member of the Equal Opportunity Advisory Board. Chair Sarnoff BC.9. Priscilla A. Thompson (City Clerk): On BC.9, we have appointments for the Equal Opportunity Advisory Board. Chair Sarnoff All right. I would appoint Pedro Villa, and I would defer my next appointment. Ms. Thompson: Pedro -- did you say Villa? Chair Sarnoff Villa. I thought I said that better than the average gringo. Ms. Thompson: Okay. Then we have -- the other one is continued -- Vice Chair Carollo. Vice Chair Carollo: I'm going to continue. Ms. Thompson: Okay. Then we have Commissioner Gort. City of Miami Page 121 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.1 OA 10-00321 District 5 - Commissioner Richard Dunn H Commissioner Gort: Waive. Ms. Thompson: Then we have Commissioner Suarez. Commissioner Suarez: Continue, please. Ms. Thompson: Okay. And then Commissioner Dunn. Commissioner Dunn: Continue. Ms. Thompson: Okay. Before we move on, gentlemen, I need to call to your attention that when Ms. Miriam Urra was appointed on February 11, I neglected to advise you that because of her long tenure on the board, she would need a term waiver, so that that means I would have to have a 5-5 vote for her term waiver. Vice Chair Carollo: So move. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff All right. We have a motion for the entire board we've just suggested, along with the waiver. We have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. We have a unanimous vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING CAROL GARDNER AS A MEMBER OF THE FINANCE COMMITTEE. 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, Samoff, Suarez and Dunn II R-10-0131 Chair Sarnoff BC.10. Priscilla A. Thompson (City Clerk): On BC.10, we have appointments to the Finance Committee. Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Okay. Commissioner Gort. Commissioner Gort: I'll waive. Ms. Thompson: Okay. And then Commissioner Suarez. Commissioner Suarez: Continue. City of Miami Page 122 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Mr. Chair? Chair Sarnoff Yes, sir. Commissioner Dunn: I'd like to replace on this committee Carol Gardner with Sylvester Lucas [sic]. Chair Sarnoff. Do we need to do a motion to remove? Ms. Thompson: Yes. We would have to -- Chair Sarnoff So I'll take it as a motion to remove. Vice Chair Carollo: So move. Commissioner Dunn: Yes, sir. Chair Sarnoff There's a motion -- Commissioner Suarez: Second. Vice Chair Carollo: No. Chair Sarnoff -- by Commissioner Carollo, second by Commissioner Suarez to remove -- what was the name? Commissioner Dunn: Carol Gardner -- Chair Sarnoff Carol Gardner. Commissioner Dunn: -- with Sylvester Lucas. Ms. Thompson: No, no. Chair Sarnoff Well, let's do the removal. Carol Gardner. Ms. Thompson: Right. Commissioner Dunn: Right. Chair Sarnoff Motion and a second. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff State your motion. Ms. Thompson: Now your new person. Commissioner Dunn: Yes. I'd like to name Sylvester Lucas [sic] to the Finance Committee. Chair Sarnoff Second. Chair Sarnoff Is there a second? City of Miami Page 123 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Suarez: Yeah, second. Vice Chair Carollo: Second. Chair Sarnoff. Second by Vice Chair. All in favor, please say "aye. " The Commission (Collectively): Aye. BC.10 RESOLUTION 10-00213 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Sylvester Lukis Commissioner Richard Dunn II 10-00213 Finance Memo.pdf 10-00213 Finance Current_Members.pdf 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, Samoff, Suarez and Dunn II R-10-0119 BC.11 RESOLUTION 10-00204 Office ofthe City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD. APPOINTEE: NOMINATED BY: Ernesto Montero Commissioner Wifredo (Willy) Gort 10-00204 Health Current_Board_Members.pdf 10-00204 Health CCMemo.pdf CONTINUED ChairSarnoff. All right, BC.11. Priscilla A. Thompson (City Clerk): Thank you. On BC.11, we have our appointments to the Health Facility [sic] Advisory Board. We have appointments to be made by Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Then we have Commissioner Gort. City of Miami Page 124 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.12 10-00037 Office of the City Clerk Commissioner Gort: Continue. Ms. Thompson: Commissioner Suarez. Commissioner Suarez: Continue. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: David Freedman (Business/Finance/Law) Timothy A. Barber (Alternate) Jorge Kuperman (Architectural Historian) Robert John Graboski (Architect) Enid Lorenzo (Citizen) Gary A. Appel (Real Estate Broker) Gerald C. Marston (Landscape Architect) 10-00037 HEP Memo.pdf 10-00037 HEP Current_Members.pdf 10-00037 HEP applicants Summary.pdf 10-00037 HEP Applications.pdf NOMINATED BY: Chairman Marc David Sarnoff Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II 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-10-0120 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Gary Appel and Greald C Marston as members of the Historic and Environmental Preservation 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 Gary Appel and Greald C Marston as members of the Historic and Environmental Preservation Board. Priscilla A. Thompson (City Clerk): BC.12, your Historic and Environmental Preservation Board appointments. Commissioners, just to remind you, this is one of the boards that had to be advertised, so we gave you in your backup documentation a list of the eligible candidates for the City of Miami Page 125 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 position and for the vacancies, okay, so that you would need to make your selections from there, and then, of course, you do have incumbents if you want to go ahead and reappointment them. Would you like for me to go down the list or --? Chair Sarnoff I'd like to reappoint who I have there. Ms. Thompson: I'm sorry? Chair Sarnoff I'd like to maintain my -- the people I put in place. Ms. Thompson: Okay. So for the record, right now we have from Commissioner -- I'm sorry, Chair Sarnoff as a category of business/finance/law, we have Mr. David Freedman. Is that -- that's what you want to keep, correct? Chair Sarnoff That's correct. Ms. Thompson: Okay. And that's -- okay, I have yours then. Thank you. Now we have for Vice Chair Carollo. Vice Chair Carollo: I am going to continue. Ms. Thompson: Then for Commissioner Gort. Commissioner Gort: Are we in HEP (Historic and Environmental Preservation)? Ms. Thompson: Yes, HEP. Vice Chair Carollo: HEP. Commissioner Gort: Okay. I want Timothy Barber -- Ms. Thompson: Timothy Barber. Commissioner Gort: -- reappointment. Ms. Thompson: Okay, and he would be appointed as your representative as an alternate or the architectural historian or what category? Commissioner Gort: I'll keep him as an alternative. And Jorge Kuperman. Ms. Thompson: Okay, so he -- Commissioner Gort: I have two of them, right? Ms. Thompson: Yes. Okay, so your alternate will be Timothy Barber, yes? And your architectural historian -- Unidentified Speaker: Timothy Barber is a reappointment. Ms. Thompson: Well, I just want to make sure. What I heard the Commissioner say that instead of his alternate being Mr. Miguel Seco, you're making Mr. Timothy Barber your alternate. Commissioner Gort: Right. Ms. Thompson: Okay. Then you have an appoint -- right now Mr. Barber is serving as your City of Miami Page 126 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 architectural historian. Commissioner Gort: (UNINTELLIGIBLE) Jorge Kuperman. Ms. Thompson: Jorge -- so you want to appoint Mr. Jorge Kuperman -- Commissioner Gort: Kuperman. Ms. Thompson: -- to architectural historian. Thank you. Okay. Then we have Commissioner Suarez. Commissioner Suarez: For my citizen appointee, I'd like to reappoint Enid Lorenzo, and it seems like I only have the ability to appoint Robert Graboski as the architect. Is that -- am I reading that correctly? Ms. Thompson: Hold on one second. Let me just look at my list. Commissioner Suarez: I'm sorry? Ms. Thompson: No. I'm just checking something. Commissioner Suarez: Okay. Ms. Thompson: Yes, Mr. Robert -- Commissioner Suarez: Yeah. Ms. Thompson: -- Gabonski [sic], yes. Commissioner Suarez: I'll go ahead and reappoint Mr. Robert Graboski as well. Ms. Thompson: Okay, so that's your architect. And your citizen again is, I'm sorry? Commissioner Suarez: The same one. It's -- yes. Ms. Thompson: Enid -- Commissioner Suarez: Enid Lorenzo -- Ms. Thompson: Okay. Commissioner Suarez: -- or Enid, yes. Ms. Thompson: Thank you. And then we have Commissioner Dunn. Commissioner Dunn: I'd like to appoint Gerald C. Marston and Gary Appel. Ms. Thompson: Okay, so you are going to continue to keep Mr. Gary Appel as your real estate broker representative? Commissioner Dunn: Yes. Ms. Thompson: Then he would need a 5-5 term waiver, just wanted you to know that because of his term on the board. And Mr. Marston, as your landscape architect, would also need a 5-5 waiver because of his service on the board. City of Miami Page 127 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. All right, do we have everybody? Ms. Thompson: Yes, we have everyone. Chair Sarnoff Is there a motion? Vice Chair Carollo: So move. Commissioner Gort: No. Wait a minute. Commissioner Dunn: Second. Commissioner Gort: You didn't ask mine. Chair Sarnoff I thought she did. Ms. Thompson: You just -- you gave them to me. Chair Sarnoff She did. Timothy -- Ms. Thompson: You gave me -- Commissioner Gort: Are we still on the HEP? Ms. Thompson: HEP, uh-huh. Vice Chair Carollo: Yes. Ms. Thompson: We're -- Commissioner Gort: Oh, okay. Sorry. Ms. Thompson: It was a long one. Commissioner Gort: I thought we were ahead. Commissioner Suarez: It happened to me last time. I got confused as well. Ms. Thompson: That one was a long one. That's correct. Vice Chair Carollo: So move. Chair Sarnoff Bingo takes -- Commissioner Suarez: Second. Vice Chair Sarnoff -- a long time. Commissioner Gort: Yeah. Ms. Thompson: And with the -- I'm sorry. Chair Sarnoff All right. We have a motion and we have a second. All in favor -- City of Miami Page 128 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: I didn't hear -- I'm sorry, Chair. Who was the mover? Chair Sarnoff. Mover was the Vice Chair. The seconder was Commissioner Suarez. Ms. Thompson: Okay. Chair Sarnoff. We have a motion, and we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Thompson: With the understanding -- Chair Sarnoff You have a unanimous vote. Ms. Thompson: -- that you're also granting the 5-5 waivers, the term limit -- Chair Sarnoff. You have a unanimous vote. Ms. Thompson: -- waivers. Vice Chair Carollo: You got it. Ms. Thompson: Okay, thank you. BC.13 RESOLUTION 10-00203 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: David Willig Chairman Marc Sarnoff Pablo Perez -Cisneros Commissioner Wifredo (Willy) Gort Mariano Cruz Commissioner Wifredo (Willy) Gort 10-00203 Homeland Memo.doc 10-00203 Homeland Current_Members.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, Samoff, Suarez and Dunn II R-10-0121 Priscilla A. Thompson (City Clerk): Now we have -- next we have on BC.13, our Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Appointments to be made City of Miami Page 129 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff I'd like to appoint David Willig. Ms. Thompson: David Willie? Chair Sarnoff. Willig, W-L-L-I-G [sic]. Ms. Thompson: W-L-L-I-G [sic], okay. And then we have for Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: I'm sorry? Vice Chair Carollo: Continue. Ms. Thompson: Okay. Vice Chair Carollo: Sorry. Ms. Thompson: Both of those are continued. Then we have for Commissioner Gort. Commissioner Gort: I'd like to continue the Pablo Perez-Cisnero [sic] -- Ms. Thompson: Okay. Commissioner Gort: -- and someone that I know is going to make sure that bonds are well spent, Mariano Cruz. Vice Chair Carollo: Mariano. Ms. Thompson: I'm sorry. Okay. I just want to make sure, you said you are appointing Pablo Perez -- Commissioner Suarez: That's you, yeah. Ms. Thompson: -- Cisneros, and I didn't hear -- Commissioner Gort: Right, he's a member at this time, yeah. Ms. Thompson: And is that it? You have two. Commissioner Gort: No. And also, Mariano Cruz. Ms. Thompson: Okay. Chair Sarnoff Cruz Radio. Ms. Thompson: Is there any --? Commissioner Gort: TV (Television). Ms. Thompson: -- I'm sorry. Then we have Commissioner Suarez. Commissioner Suarez: I'm going to defer mine, please. Ms. Thompson: Okay. City of Miami Page 130 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff All right. Do we have a motion? Commissioner Dunn: So moved. Commissioner Gort: Move. Chair Sarnoff. Do we have a second? Commissioner Gort: Second. Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Mover was Commissioner Carollo, seconder was Commissioner Gort. Ms. Thompson: Thank you. BC.14 RESOLUTION 10-00202 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: Arturo Noguera Commissioner Francis Suarez 10-00202 MIC Memo.pdf 10-00202 MIC Current_Members.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-10-0122 Chair Sarnoff BC.14. Priscilla A. Thompson (City Clerk): BC.14, your -- Chair Sarnoff. Mayor's International Council. Ms. Thompson: Right. IfI may make a statement before we go with that, Commissioners. We had a second reading ordinance approved today that will be effective in 30 days. That new ordinance will change the number of members on the board from 16 to 15, okay. The listings that you have here would've brought the number up to the regular 16. We have one at -large appointment -- and I'm just asking if this is how you want to proceed with this -- rather than making the at -large appointment, which is currently vacant, would you like to just not do anything with that one so that when the new ordinance is effective in 30 days, we don't have to worry about removing anyone from that position? City of Miami Page 131 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. Perfect idea. Ms. Thompson: Okay. Having said that then, on your Mayor's International Council, Commissioner Gort? Commissioner Gort: I'll waive. Ms. Thompson: Okay. Then Commissioner Suarez. Commissioner Suarez: Arturo Noguera. Ms. Thompson: Arturo Noguera. All right, then Commissioner Dunn. Commissioner Dunn: I want to continue. Ms. Thompson: Okay. All right. ChairSarnoff. Do we have a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff. Motion by Commissioner Gort, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. Okay, unanimous vote. BC.15 RESOLUTION 10-00206 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS AMEMBER OF THE MIAMI SPORTS AND EXHIBITION AUTHORITY FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Eli Feinberg Commissioner Wfredo (Willy) Gort 10-00206 MSEA Memo.pdf 10-00206 MSEA Current_Members.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, Samoff, Suarez and Dunn II R-10-0123 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez and was passed unanimously, to appoint Eli Feinberg as a member of the Miami Sports and Exhibition Authority; further waiving the term limits of Section 2-885(b) by a unanimous (5/5) vote of the City of Miami Page 132 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 members of the City Commission, as it relates to Eli Feinberg as a member of the Miami Sports and Exhibition Authority. Chair Sarnoff BC.15. Priscilla A. Thompson (City Clerk): BC.15 would be your Miami Sports and Exhibition Authority. We have appointments to be made by Commissioner Gort. And ifI might, Commissioner Gort, the individual who used to hold that seat was Commissioner Gonzalez because they -- Commissioner Gort: I'll waive -- I'll put someone there, but meantime, I want Eli Feinberg. Ms. Thompson: Okay. Now with Mr. Eli -- Are we going to continue that first one then? Commissioner Gort: No. Ms. Thompson: Okay, so we're only going to deal with Eli Feinberg or both? Commissioner Gort: That's it. Ms. Thompson: Okay, so well continue the first seat. And then on Eli Feinberg, I need to let you know that, once again, because of his long tenure with the City, he will need a 5-5 waiver. Commissioner Gort: Right. Ms. Thompson: Then we can continue with Commissioner Gort -- I'm sorry, Commissioner Dunn. Commissioner Dunn: I want to continue. Ms. Thompson: You're going to continue? Chair Sarnoff. All right. Do we have a motion on Eli Feinberg? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff. All right, BC.17 [sic], you had a unanimous vote. Ms. Thompson: BC (Boards and Committees) -- I'm sorry? Chair Sarnoff. Sorry, BC.16 [sic], you had a unanimous vote. BC.16 RESOLUTION 09-01393 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. City of Miami Page 133 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 APPOINTEE: NOMINATED BY: Shane Graber Chairman Marc Sarnoff 09-01393 NAB Memo 03-11-10.pdf 09-01393 NAB Current_Members 03-11-10.pdf 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 R-10-0124 Chair Sarnoff BC.17[sic]. Priscilla A. Thompson (City Clerk): Thank you. We're on BC.16. Vice Chair Carollo: 16. Ms. Thompson: It's our Nuisance Abatement Board. We have appointments to be made by Chair Sarnoff. Chair Sarnoff We're on BC.17? Commissioner Dunn: 16. Ms. Thompson: 16 Chair Sarnoff Oh, I'm sorry. Ms. Thompson: Nuisance Abatement. Chair Sarnoff Oh, Shane Graber. Ms. Thompson: Shane Graber. And then Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Gort. Commissioner Gort: I'll waive. Ms. Thompson: Commissioner Suarez. Commissioner Suarez: Continue. Ms. Thompson: And then Commissioner Dunn. Commissioner Dunn: Continue. Chair Sarnoff All right. Do we have a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn, second by -- City of Miami Page 13-f Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.17 09-01318 Office of the City Clerk Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Carollo. All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff. We have unanimous vote. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) (Youth Member) NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II 09-01318 OAB CCMemo 05-13-2010.pdf 09-01318 OAB Current Members 05-13-2010.pdf 09-01318 OAB Board Memo.pdf 09-01318 OAB Applications.pdf 09-01318 OAB CCMemo.pdf 09- 01318 OABCurrent_Board_Members.pdf CONTINUED Chair Sarnoff BC.17. Priscilla A. Thompson (City Clerk): BC.17 is your Overtown Advisory Board/Overtown Community Oversight Board. Again, this is one of the boards where we had to advertise so appointments would have to be made from the list of applications because these seats are vacancies -- according to the enabling ordinance, if there's a vacancy, the vacancy is supposed to be filled by the District 5 Commissioner from the applicants received. Okay, so -- Commissioner Dunn: Continue. Ms. Thompson: You're going to continue all of those? Commissioner Dunn: Yes. City of Miami Page 135 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.18 10-00211 Ms. Thompson: Thank you. 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: Isidro Made Ogando Commissioner Wifredo (Willy) Gort Manoucheka Thermitus Commissioner Richard Dunn II 10-00211 PRAB Memo.pdf 10-00211 PRAB Current_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, Samoff, Suarez and Dunn II R-10-0125 A motion was made by Commissioner Dunn II, seconded by Commissioner Suarez, and was passed unanimously, to appoint Manoucheka Thermitus as a member of the Parks and Recreation Advisory Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 Manoucheka Thermitus, and Carlos Arbboleya as members of the Parks and Recreation Advisory Board. Chair Sarnoff BC.18. Priscilla A. Thompson (City Clerk): On BC.18, your Parks Advisory Board, we have appointments to be made by Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Okay. Commissioner Gort. Commissioner Gort: Continue. Commissioner Suarez: Continue. Ms. Thompson: Commissioner Dunn. Commissioner Dunn: Manoucheka Thermitus. Ms. Thompson: Okay, all right. City of Miami Page 136 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. Do we have a motion? Ms. Thompson: Now -- hold -- Commissioner Gort: Excuse me. I'm sorry. I'm a little behind tonight. Are we in Parks? Vice Chair Carollo: Yes. Ms. Thompson: Yes. Commissioner Gort: Okay. I have Isidro Made Ogando. Ms. Thompson: Okay. You want to -- Commissioner Gort: I'll give it to you Ms. Thompson: Can I have the first three -- those -- the initials again so I'll just put that in my notes? Commissioner Gort: Isidro Made, M-A-D-E, Ogando, O-G-A-N-D-O. Ms. Thompson: Thank you. All right. Now -- so that's -- I'm sorry. That's on BC.18, the Parks and Rec. So that was Commissioner Gort. Okay. Then we have -- Commissioner Suarez, you said that you are going to continue. Commissioner Suarez: Continue. Ms. Thompson: And then Ms. Thermutus [sic] from Commissioner Dunn. Commissioners, I need to let you know that when Mr. Arboleyo [sic] was appointed on February 11, he would need a four -fifths waiver because he missed more -- I'm sorry. He missed six absences -- he missed six meetings in a 12-month period. So he was reappointed, but now we need to waive those absences, please. Chair Sarnoff All right, so do we have a motion? Commissioner Dunn: So moved. Chair Sarnoff. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff All right. All in favor, please say "aye. The Commission (Collectively): Aye. Chair Sarnoff. We have a unanimous vote, BC. 18. BC.19 RESOLUTION 10-00223 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. City of Miami Page 137 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 APPOINTEES: NOMINATED BY: Michael Schiff Chairman Marc Sarnoff Maria Beatriz Gutierrez Vice Chairman Frank Carollo Carlos Manuel Martell Commissioner Wifredo (Willy) Gort (Alternate) 10-00223 PAB Memo.pdf 10-00223 PAB Current_Members.pdf 10-00223 PAB Applications.pdf Motion by Vice Chairman Carollo, 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-10-0126 A motion was made by Vice Chairman Carollo, seconded by Commissioner Dunn II, and was passed unanimously, to appoint Maria Beatriz Gutierrez as a member of the Planning Advisory Board; further waiving the employment restriction of Section 2-884 (e) by a four/fifths (4/5ths) vote of the members of the City Commission, as it relates to Maria Beatriz Gutierrez as a member of the Planning Advisory Board. Note for the record: Commissioner Gort's appointment of Carlos Manuel Martell as an alternate member resulted in the status of Board Member Donna Milo being changed to a regular member. Chair Sarnofff. Now moving to BC.19. I'm going to move to appoint Michael Schiff. Priscilla A. Thompson (City Clerk): On PZ 19 [sic], to your Planning Advisory Board -- again, just may I make the statement, Chair? Chair Sarnofff. Absolutely. Is this a person that did not --? Ms. Thompson: No, no, no. Just want to make the statement to all. Another board that had to be advertised, so your appointments or selections need to be made from the list of individuals who applied, okay. So you said Michael Shift [sic]? Chair Sarnofff. Yes. Did he apply? Ms. Thompson: Yes. Chair Sarnofff. You just saved somebody's job from my office. That was good work. Ms. Thompson: Moving on, Commissioners. I have listed Vice Chair Carollo. [Later..]" Vice Chair Carollo: With that said, if there's any of my colleagues that does not have an appointment for the PAB, do you mind switching the alternative member with me in order for my two members to be able to -- just in case, you know? Commissioner Gort: I'll waive. City of Miami Page 138 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: No problem. Vice Chair Carollo: Okay. Commissioner -- perfect. So then my two members will be, you know, the voting members and not alternative. Do you know what's going on, Madam City Clerk? The alternative member will now pertain to Commissioner Gort. Commissioner Gort: On my appointment. Chair Sarnoff I think the simpler thing to do -- Ms. Thompson: I thought I heard you said that there wouldn't be an alternate member. Is that Chair Sarnoff No, no. It's the first reading of an ordinance. Vice Chair Carollo: First reading. Chair Sarnoff However, there is a simpler procedure. If, in fact, his -- he always had the alternate. All Commissioner Gort needs to do is give him his appointment for right now. Makes it simpler. There's no motion to amend again and -- Vice Chair Carollo: But I don't think we have to. Just -- you know what? The chances that every member is going to show up, I mean -- and then next -- in March 25, all of our members will be permanent and there won't be alternative, so I'm just going to make my nomination -- my appointment. Chair Sarnoff We're waiting. Ms. Thompson: Just for the record, I want to make sure we haven't left -- I have to be clear, Maria, for my record purposes. We have a -- we have dealt with the first reading ordinance that's -- Vice Chair Carollo: Yes. Ms. Thompson: -- going to change the makeup. Vice Chair Carollo: Yes. Ms. Thompson: Now we are going back to BC -- Chair Sarnoff. BC.19. Ms. Thompson: -- 19 with our -- Vice Chair Carollo: Yes. Ms. Thompson: -- appointments. We have on -- nominating a name of Michael Schiff, okay. Chair Sarnoff Right. Ms. Thompson: All right? Vice Chair Carollo: Yes. City of Miami Page 139 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: All right. So are we continuing from there? Chair Sarnoff Yes. Commissioner Gort: Yes. Chair Sarnoff Now Commissioner -- Ms. Thompson: Okay. Chair Sarnoff -- Carollo has his nominees. Ms. Thompson: Okay. Vice Chair Carollo: My nominee will be Maria Beatriz Gutierrez, and she's going to need a four -fifth 'cause she's a County employee. Ms. Thompson: Correct. Okay. Then we go on with Commissioner Gort. Commissioner Gort: Mine will be Carlos Manuel Martell, and he'll be a alternate. Ms. Thompson: And just for my records, that means that the person who's currently serving as Vice Chair Carollo's alternate, who's Donna Milo, will now change to a regular member. Vice Chair Carollo: Yes. Ms. Thompson: Thank you. Vice Chair Carollo: And in two weeks from now, they'll all be regular members. Chair Sarnoff All right. Ms. Thompson: And then for Commissioner Suarez. Commissioner Suarez: I'm going to continue mine, and we're going to have a new board soon so Ms. Thompson: Commissioner Dunn. Commissioner Dunn: Continue. Chair Sarnoff All right. Do we have a motion? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Carollo, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. BC.20 RESOLUTION City of Miami Page 140 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 09-00870 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: Rudolph Moreno Chairman Marc David Sarnoff Miguel Seco Commissioner Wifredo (Willy) Gort 09-00870 UDRB Memo 03-11-10.pdf 09-00870 UDRB Current_Members 031110.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, Samoff, Suarez and Dunn II R-10-0127 A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Rudolph Moreno as a member of the Urban Development Review Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 Rudolph Moreno as a member of the Urban Development Review Board. A motion was made by Vice Chairman Carollo, seconded by Commissioner Suarez, and was passed unanimously, to appoint Miguel Seco as a member of the Urban Development Review Board. ChairSarnoff.. BC.20. Priscilla A. Thompson (City Clerk): On BC.20, we have appointments for the Urban Development Review Board. Our appointments, Chair Sarnof? Chair Sarnoff I would move Rodolfo Mario [sic]. Ms. Thompson: Okay. Mr. Rodolfo -- Is it Mario or Marino [sic]? Chair Sarnoff. I have some bad penmanship here. Looks like Mario to me, but -- Ms. Thompson: He's the one who's currently serving for you. Chair Sarnoff Yeah. I think that's correct. Ms. Thompson: Right. He will need a four fifth waivers [sic] for absences, okay. Chair Sarnoff Okay. Ms. Thompson: We can move along. City of Miami Page 141 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff And I would waive my next one. Ms. Thompson: Okay. All right. Then we have Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: All right. Then Commissioner Gort. Commissioner Gort: I'll waive. Ms. Thompson: Commissioner -- Commissioner Suarez: Continue. Ms. Thompson: And then Commissioner Dunn. Commissioner Dunn: Continue. Ms. Thompson: All right. Chair Sarnoff. All right. We have a motion? Ms. Thompson: We need a motion. Vice Chair Carollo: So move. Ms. Thompson: Thank you. Chair Sarnoff Motion by Commissioner Carollo, second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, BC.20 -- Commissioner Gort: Sorry, Mr. Chairman. Can I go back on -- to this one? Chair Sarnoff There's no back dating. Commissioner Gort: Okay. Chair Sarnoff. It's all right. Go ahead. This is the BC.20? Vice Chair Carollo: BC.20. Commissioner Gort: 21 [sic]. Mike -- Miguel Seco. Ms. Thompson: I'm sorry. Commissioner Gort: Miguel Seco. Ms. Thompson: Okay. So on your Urban Development Review Board, Commissioner Carollo -- I'm sorry, Commissioner Gort, you're appointing Miguel Seco? Commissioner Gort: Correct. City of Miami Page 142 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: Okay. Chair Sarnoff All right. Is there a motion? Vice Chair Carollo: So move. Chair Sarnoff. Is there a second? Commissioner Dunn: Second. Chair Sarnoff. All right. All in favor, please say "aye." The Commission (Collectively): Aye. BC.21 RESOLUTION 10-00212 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: Maud Newbold Commissioner Wifredo (Willy) Gort Sue Germain Commissioner Francis Suarez Lillie Williams Commissioner Richard Dunn II Enid C. Pinkney Commission AT -LARGE Belle Gray Commission AT -LARGE 10-00212 Virginia Key Memo.pdf 10-00212 Virginia Current_Members.pdf 10-00212-Submittal-Correspondence-Virginia Key Beach Park Trust.pdf Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II R-10-0128 A motion was made by Chairman Sarnoff, seconded by Commissioner Suarez and was passed unanimously, to appoint Enid C Pinkney, Maud Newbold as members of the Virginia 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 Enid C. Pinkney, Maud Newbold as members of the Virginia Key Beach Park Trust. Chair Sarnoff All right, BC.21. Priscilla A. Thompson (City Clerk): On BC.21, you have your Virginia Key Beach Park Trust. Commissioners, I received a letter. It was actually -- I received an e-mail (electronic). I think it City of Miami Page 143 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 was addressed to Chairman Sarnoff. The board was recommending for their -- for the at -large appointment, if you want to know that name. Chair Sarnoff. What is the recommendation? Ms. Thompson: The recommendation was to reappoint Ms. Enid C. Pinkney. Chair Sarnoff Okay. So move. Commissioner Dunn: Second. Ms. Thompson: And then -- all right. And for Ms. Pinkney, because she has served -- she has a long tenure, she would also need that 5-5 waiver for the term limit. All right. Then we have the other appointments to be made. Commissioner Gort. Commissioner Gort: Maud Newbold. Ms. Thompson: Maud Newbold? Commissioner Gort: Yes. Ms. Thompson: Okay. She's also had a long tenure on the board, so she would -- Commissioner Gort: Right. Ms. Thompson: -- also need your 5-5 waiver. Next we have Commissioner Suarez. Commissioner Suarez: Sue Germain. Ms. Thompson: Sue Germain, okay. Then we have for Commissioner Dunn. Commissioner Dunn: Lillie Williams. Ms. Thompson: Lillie Williams? Commissioner Dunn: Yes. Ms. Thompson: You have an at -large appointment that's still vacant. You made one of the at -large nominations already. Is there another at -large? Commissioner Dunn: You're referring to me? Ms. Thompson: The whole Commission. I'm sorry. At -large means the entire Commission. Commissioner Gort: Go for it. Commissioner Dunn: Belle Gray. Ms. Thompson: Belle Gray? Commissioner Dunn: Yes. Ms. Thompson: Okay. Then that would be our appointments there. And with the understanding that those individuals who have passed the term limit will also be getting the 5-5 waiver. Motion and second. City of Miami Page 144 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 BC.22 10-00209 Office of the City Clerk Vice Chair Carollo: I have a motion by Chairman Sarnoff. I'm not sure who made the second. Commissioner Suarez: I'll second. Ms. Thompson: Thank you. Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? All in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say no. " Motion passes unanimously. Ms. Thompson: Now -- RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00209 Waterfront CCMemo.pdf 10-00209 Waterfront Current Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II CONTINUED Chair Sarnoff All right, BZ.13 [sic] -- 23, excuse me. Priscilla A. Thompson (City Clerk): 22. Vice Chair Carollo: 22. Chair Sarnoff 23. Am I missing 22? Vice Chair Carollo: 22. Ms. Thompson: 22. Chair Sarnoff Oh, I apologize. BC.22. City of Miami Page 145 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: Thank you. This is your Waterfront Advisory Board. We have appointments to be made by Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Then Commissioner Suarez. Commissioner Suarez: Continue. Ms. Thompson: Commissioner Dunn. Commissioner Dunn: Continue. Chair Sarnoff All right. No board appointments. BC.23 RESOLUTION 09-01404 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ZONING BOARD FORA TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Bret Berlin Chairman Marc David Sarnoff Lazaro J. Lopez Commissioner Wifredo (Willy) Gort Charles Garavaglia Commissioner Francis Suarez Cornelius Shiver Commissioner Richard Dunn II 09-01404 Zoning Memo.pdf 09-01404 Zoning Current_Members.pdf 09-01404 ZB Applications.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 R-10-0129 A motion was made by Vice Chairman Carollo, seconded by Commissioner Gort, and was passed unanimously, to appoint Charles Garavaglia, Lazaro J. Lopez, Bret Berlin, and Cornelius Shiver as members of the Zoning 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 Garavaglia as a member of the Zoning Board; further waiving the attendance requirements in Section 2-886 of the Code of the City of Miami, 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 Bret Berlin and Cornelius Shiver as members of the Zoning Board. City of Miami Page 146 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Note for the record: The District 2 vacant seat is designated as the alternate seat. Chair Sarnoff So now BC.23. Priscilla A. Thompson (City Clerk): BC.23, another one of those boards, Commissioners, that had to be advertised. We have a list of applications. Just to bring to your attention that according to resolution was passed in 2004, the alternate member on that board rotates, okay? They started rotating. And this year, 2010, the alternate member would fall to District 2. Chair Sarnoff How unfair is that? Ms. Thompson: No, no. This one you have a resolution -- Vice Chair Carollo: Hey, I'll take it from you if you want. Chair Sarnoff I'm just kidding. Vice Chair Carollo: Madam -- Mr. Chairman? Chair Sarnoff Go ahead. Vice Chair Carollo: Madam City Clerk, I have an appointment, however -- and I'm not trying to jump you, Chairman Sarnoff. I just have a question. While the Chairman is considering his appointment, can I look at the list? Because I have an appointment of someone who was a previous Zoning Board member, but I don't know if that constitutes, you know, being part of the list or ifI can name him again. Ms. Thompson: Okay. It's my understanding with the Zoning Board that your incumbents -- Planning Board and Zoning, the incumbents did not have to apply -- to reapply. Vice Chair Carollo: This person is not an incumbent. Ms. Thompson: Okay. Vice Chair Carollo: I'm sorry. Chair Sarnoff No, no. I feel like a kid that's actually looking -- to look over your shoulder. So you actually asked for what I wanted to see. Vice Chair Carollo: Hey, some people think that I've been held by the hand, you know, all this time. Chair Sarnoff That's true. You've been making all the decisions. All right, Madam Clerk, I would reappoint Brett Berlin, and I understand he's going to need a waiver. And I would waive my -- defer my other appointment. Ms. Thompson: Okay. So we have you're reappointing Brett Berlin. Then we have Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Gort. Commissioner Gort: Lazaro J. Lopez. He's an incumbent, but he filed also. City of Miami Page 147 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Ms. Thompson: He is an encumbered [sic]. Commissioner Gort: Right. Ms. Thompson: Right. Then you have a -- and then you have another one, sir. Commissioner Gort: Waive. Ms. Thompson: So -- okay. So you're just going to make one. Okay. Then Commissioner Suarez. Commissioner Suarez: Charles Garavaglia, and then I'm going to continue the other one. Ms. Thompson: Okay. Now, with Mr. Garavalia [sic], he would -- he served since 2003, so he needs a term waiver. Okay, that's the 5-5, okay. All right. Then Commissioner Dunn. Commissioner Dunn: Neil Shiver. Ms. Thompson: All right. He will need a four -fifth waiver for absences. And then you have another one. Commissioner Dunn: Going to continue the second. Ms. Thompson: Okay. Chair Sarnoff All right, do we have a motion? Ms. Thompson: Okay, before -- I'm sorry. Chair Sarnoff, I just -- Commissioner Suarez: Second. Ms. Thompson: -- need to make sure because you did make one appointment. Chair Sarnoff Brett Berlin. Ms. Thompson: Right. Now you have two, one of which will be the alternate. So is -- Chair Sarnoff Right. Ms. Thompson: -- Mr. Berlin going to be your alternate or whoever comes --? Chair Sarnoff No. He'll be the nominated person. Ms. Thompson: Okay, so he's not your alternate. Chair Sarnoff Correct. Ms. Thompson: Okay. Thank you. All right. I'm sorry. Chair Sarnoff. Do we have a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. City of Miami Page 148 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Gort: Second. Chair Sarnoff. All right. We have a motion by Commissioner Carollo, a second by Commissioner Gort. All in favor, please say "aye." The Commission (Collectively): Aye. BC.24 RESOLUTION 10-00233 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA CORPORATION, FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Robert Powers Chairman Marc Sarnoff Beatrice Louissaint Commissioner Richard P. Dunn II 10-00233 Bayside Memo.pdf 10-00 233 Bayside Non City Board.pdf 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 R-10-0130 Chair Sarnoff BC.24. Priscilla A. Thompson (City Clerk): BC.24 would be appointments to the Miami Bayside Foundation, Inc. Chair Sarnoff I'd like to appoint Bob Powers. Ms. Thompson: Bob Powers. Okay. And then we have Vice Chair Carollo. Vice Chair Carollo: Continue. Ms. Thompson: Commissioner Gort. Commissioner Gort: Continue. Ms. Thompson: Commissioner Suarez. Commissioner Suarez: Continue. Ms. Thompson: And then Commissioner Dunn. City of Miami Page 149 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commissioner Dunn: Beatrice Louissaint. Ms. Thompson: Beatrice Louissaint. Okay. Thank you. Motion? Chair Sarnoff All right. Is there a motion? Vice Chair Carollo: So move. Commissioner Dunn: So move -- second. Chair Sarnoff Motion by Commissioner Dunn, second by Commission Carollo. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. We're done with the appointments. City of Miami Page 150 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 DI.1 10-00098a DISCUSSION ITEMS DISCUSSION ITEM DISCUSSION REGARDING MONTHLY UPDATES FROM ADMINISTRATION DESCRIBING ALL REVENUE SOURCES AND EXPENSE ITEMS THAT APPEAR TO DEVIATE FROM THE BUDGET. 10-00098a Discussion Page.pdf SPONSORS:CHAIRMAN SARNOFF DEPARTMENT OF FINANCE OFFICE OF STRATEGIC PLANNING, BUDGETING AND PERFORMANCE DISCUSSED Chair Sarnoff. D1.1 [sic]. I'm hoping to have the City Manager here. Mayor Tomas Regalado: No. He lefi. Chair Sarnoff He lefi? We got to take his car away from him. Mr. Mayor, would you mind standing up 'cause I would like to get -- and let me just use it as my instruction to hopefully the Administration. I'd like to get the Finance Committee that we started going. Commissioner Gort: Yes. Chair Sarnoff And I want them having -- I don't want them coming to a meeting and receiving their books and records. I want them having their books and records seven days before we plan a meeting. I think we need to get going. I heard there was some maybe discrepancy as to whether this is a board, this isn't a board. I just care that they meet. Mayor Regalado: Mr. Chairman, it doesn't matter if it's a board or if it's not a board. It was the will of the City Commission, and I've been asking. And the thing is that, number one, we are in the process of getting all contracts but, you know, all contracts are like thousands of pages, so that's fine. We have that. The reason that we're waiting to send is to get you and me and the Manager all the figures that we're expecting to get, and that will be probably on the 23rd. By the 23rd, we'll have everything that we promised that we were going to have in terms of the numbers, of the right numbers. And then from then on, what I thought that you can do on the 25th, after you get all the information that we promised, you can set a date for the committee to met [sic] in week's notice so they can have like all this information. But you are right, they need to get going, but it's only -- the real information that we can send to them, it's only the contracts so -- Chair Sarnoff But even the contracts, Mr. Mayor, I'm told are like this big. Now, there'll be those we know that won't read it. There might be three or four that will -- Mayor Regalado: Will read it. Chair Sarnoff -- absolutely crunch it. And every -- that's why a board exists so that there are those that are interested in one thing, those that are interested in something else, those that are only interested in numbers, those that want to read the contract language. Can I --? Mayor Regalado: I promise you that next week all the board members will have copies of the contracts. City of Miami Page 151 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. All right. And then from there we can give them whatever supplemental information. I think they're going to need last year's budget. I think they'll need the budget before that and maybe even the budget before that to see a trend line, but certainly the last two budgets. I think they should at least be designated some degree where they could get information online. I think our online information is a little better than the average citizen thinks. Mayor Regalado: Yes, it is. Chair Sarnoff. It may not be as apparent -- Commissioner Gort: It's good. Chair Sarnoff. -- but it's there. Commissioner Gort: It's good. Chair Sarnoff. And -- Commissioner Gort: More information. Chair Sarnoff. Yeah. Mayor Regalado: If it's not erased. Chair Sarnoff You know, I heard that just the other day, and I hope that was untrue. But my only point in D1.1 [sic] is every day that gets away from us is a day that we, number one, cannot turn the ship, and number two, information that I think citizens need to hear and get out there and understand the predicament that we're in is a day lost. So -- Mayor Regalado: I -- Chair Sarnoff -- I'll leave it to you -- Mayor Regalado: -- agree with you. Chair Sarnoff -- Mr. Mayor. Mayor Regalado: I will take care of this. Chair Sarnoff Okay. DI.2 DISCUSSION ITEM 10-00188 City Manager's Office PRESENTATION BY THE CHAIRPERSON OF THE FOLLOWING BOARDS/COMMITTEES CONCERNING THEIR ANNUAL REPORTS: - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD - MIAMI SPORTS AND EXHIBITION AUTHORITY - WATERFRONT ADVISORY BOARD - COMMUNITY RELATIONS BOARD - HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD - ARTS AND ENTERTAINMENT COUNCIL City of Miami Page 152 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 -OVERTOWN ADVISORY BOARD/OVERTOWN COMMUNITY OVERSIGHT BOARD -LIBERTY CITY COMMUNITY REVITALIZATION TRUST -EDUCATION ADVISORY BOARD 10-00188 Memo.pdf 10-00188 Board Reports.pdf DISCUSSED Chair Sarnoff All right. If -- what I'd like to do is just do BC. 1, and if the Commissioners would allow me, we would then defer all of the rest of the board appointments and then we would allow the boards to address us. Mr. Mayor, you're recognized for -- Vice Chair Carollo: When -- Mr. Chairman? Chair Sarnoff Yes, sir. Vice Chair Carollo: When you say defer, you mean table it to later or defer it to another meeting? Chair Sarnoff I was hoping for another meeting just 'cause -- yeah, all right. We'll go through it. Vice Chair Carollo: Remember, we have PAB (Planning Advisory Board) and so forth that have waited since -- Chair Sarnoff. You're right. We'll go through it. We'll go through it. We'll go through it. Vice Chair Carollo: Thank you. Chair Sarnoff Let's -- all right. BC.1. Madam Clerk. Carlos A. Migoya (City Manager): Mr. Chairman? I want to bring attention at this time, two boards have not provided their annual board due to recent staffing changes. That's -- Arts and Entertainment Council is one of them, which is BC. 1, and the Educational Advisory Board is the other one, which is BC.8. Priscilla A. Thompson (City Clerk): I'm sorry. If might, Chair. Chair Sarnoff Yes, ma'am. Ms. Thompson: Okay. I think the Manager may be talking about your annual reports. Is that what you're saying? Mr. Migoya: Yes, I am. Chair Sarnoff. Yeah. He's in discussion item number -- DL2. Mr. Migoya: Am I in the wrong place? Ms. Thompson: Yes. Vice Chair Carollo: Yeah. Mr. Migoya: Okay. City of Miami Page 153 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff We were going to give you five of those. You got four left. Mr. Migoya: No. Actually, if you talk to the Vice Chairman, he'll say I've already knocked off a couple from the last time. Vice Chair Carollo: Hey, I'm not counting. I'm not counting. Mr. Migoya: Sorry. Chair Sarnoff That's all right. We will get to that. !Later...J" Chair Sarnoff. We did D1.3 [sic]. So DI.2 [sic] is now the board reports. So to the boards -- first one up would be the Historic Environmental Preservation Board. Ellen Uguccioni (Planning Department): Good evening, Mr. Chairman and members of the Commission. Ellen Uguccioni, preservation officer. I just want to introduce to you the chair that I work with, I'm very privileged to work with, who's Dr. William Hopper, who is the dean of the School of Arts and Sciences at Florida Memorial University. He's also an accomplished organist and the former president of the Morningside Civic Association and a man for all seasons. Dr. Hopper. William Hopper: Thank you. Mr. Vice Chairman, honorable Commissioners, I have provided to the City Manager a copy of our annual report. If you would like, I can give you highlights of that or answer questions as you direct. Vice Chair Carollo: Why don't you maybe give us the highlights. And what's the will of this Commission? Just do the highlights. Mr. Hopper: Okay. The HEP (Historic and Environmental Preservation) Board is responsive to the community needs because we address petitions for construction activity in historic sites and districts, environmental preservation districts, scenic transportation corridors, and archeological conservation zones. We also respond to requests by individuals and neighborhood associations for historic district designations. Some of the things we did last year, we reviewed 37 certificates of appropriateness for historic structures, one certificate to dig for ground disturbing activities in an archeological conservation area. We reviewed three certificates of approval for construction activity in environmental preservation districts. We added six historic resources to the Miami register of historic places and one historic district which contains more than 600 -- approximately 600 buildings. We have a draft ordinance to include a provision for demolition by neglect as a revision to Chapter 23 of the City Code. We have adopted revised general design guidelines for historic districts, adopted revised rules of procedure, prepared a revision to Chapter 20 -- sorry, Chapter 62 of the City Code concerning the number of members required for a quorum. We've updated and revised the location map of the City's archeological zones. And I believe the other relevant question would be that we have no direct costs and our board membership requirements meet those that are set by the State as a certified local government. Vice Chair Carollo: Thank you. Is there any questions from the Commission? Any questions? Thank you for the presentation. Mr. Hopper: Thank you, sir. Vice Chair Carollo: I think the next is the Miami Sports and Exhibition Authority. You want to be --? Mr. Mayor. City of Miami Page 154 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mayor Tomas Regalado: I'm ready, Mr. Chairman. Very brief. As you know, Miami Sports and Exhibition Authority, MSEA, was established in 1983 by Florida Statute. And MSEA does not meet every month, but every three months. We're having the next meeting on April. In the past five years, MSEA has provided $8 million in bed tax to the Marlins Stadium, a grant of $393, 000 to the Miami Children's Museum, a grant of $350,000 to Melreese Golf Course, and a grant of $350, 000 for the Caribbean Marketplace project. So we are going to have the next meeting on the 25th, I think, of April. And I believe that we have several issues in the agenda, one of them is the Caribbean Marketplace that is closed and that money could be used to open the marketplace. Also, there is the issue of the litigation with Chalks that MSEA is involved, and of course, the heliport and the Children's Museum. So that will be the agenda for next meeting, Mr. Chairman. Vice Chair Carollo: Thank you, Mr. Mayor. Is there any questions from the Commission? Commissioner Gort: I have a question. Vice Chair Carollo: Mr. Gort. I'm sorry. Commissioner Gort. Commissioner Gort: Who's the chairperson? Vice Chair Carollo: The chairperson is Mayor Regalado. Commissioner Gort: Okay. So the appointment is -- of the former Commissioner was as a board member, right? Mayor Regalado: Right. Well, the City Commission appointed Commissioner Suarez as Vice Chair. Commissioner Gort: Vice Chair. Mayor Regalado: And then Commissioner Carollo is a board member. Commissioner Gort: Okay. Mayor Regalado: And you can be a board member. Vice Chair Carollo: Mr. Mayor. Yeah, there was sort of a swap there. Chairman Sarnoff nominated me as a member, and then I returned the favor, but then I returned it double 'cause I named him as a member. But you can name yourself as a member. You have two nominees. You can nominate someone or two people or nominate yourself as one. Commissioner Gort: All right. Vice Chair Carollo: Okay? Commissioner Gort: Thank you. Vice Chair Carollo: Any other questions? Thank you, Mr. Mayor. Waterfront Advisory Board. Wendy Kamilar: Thank you, Mr. Vice Chair and Commissioners. I'm Wendy Kamilar. I am the chair of the Waterfront Advisory Board. In 2009, the Waterfront Advisory Board took up four major issues; the Virginia Key master plan, the implementation of the Dinner Key mooring fields, the Marine Stadium restoration, and the Grove Harbor Marina docks master building -- excuse me, dock master's building modifications. Other issues that we took up in 2009 were tributary dredging along the Miami River, construction of the new docks at Kennedy Park, the cleaning up of derelict boats in all of the marinas, and the progress of the implementation of the Coconut City of Miami Page 155 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Grove master plan. We also took upon ourselves to update Chapter 50 of the City Code, which affects marinas, mooring fields, and as well as made sure that we were in compliance with all of the Florida Statutes, and it was a spirited year, let's put it that way. Thank you. Vice Chair Carollo: Thank you for that presentation. Any questions from the Commission? Hearing none, thank you, ma'am. Community Relations Board. Patricia Maldinaro: Good evening. I'm Patricia Maldinaro. I'm the chair of the Community Relations Board, happy to be the chair this year. And just to let you know, we have a new coordinator. Her name is Chante Sweet, and she's sitting right over here. And we're really grateful to have a coordinator and we're really grateful that we're still with you. And we did a lot of work last year. We hosted a traveling film festival where we took some documentaries from WLRN into the public schools. One of them was a Muhammad Ali made in Miami film. It was really wonderful and heavily recommended if you haven't seen it. We did also the Freedom Tower documentary that we took into the schools, Miami Dade College Inter -American and Wolfson campuses. We supported the Hot Spot campaign. We also were very active in helping create the Haitian -American Emergency Relief Committee, which has been very active, not only in the aftermath of all the hurricanes that they've, you know, suffered but also now with the earthquake. We have worked in collaboration with the University of Miami School of Law in the volunteer group called Hope. The CRB (Community Relations Board) presented an MLK (Martin Luther King) day of service at the Association for the Development of the Exceptional. And moving forward, we have a lot of things planned. We are planning -- we're hosting our monthly meetings in the community. Our first one was in Commissioner Dunn's district last month. We met in Little Haiti. Next month -- next week, actually, we'll be in Little Havana, and next month, in Allapattah. And moving forward, we'll be meeting in the community. And we'll also be presenting our recommendations for our board vacancies next month, so you'll be seeing those as well. Thank you. Vice Chair Carollo: Thank you, ma'am. Any questions from the Commission? No. Thank you, ma'am. Homeland Defense/Neighborhood Improvement Bond. Jose Solares: I'm Jose Solares. I'm the chairman of the Bond Oversight Board. Bob Powers. Robert Powers: And I'm Bob Powers. I also sit on the Bond Oversight Board. Mr. Solares: Okay. I was named chairman in December of this past year, and I was asked to prepare this report to [sic] you. First, the whole board wants to thank you for giving us the opportunity to present to you. And since we have to be brief I'm going to be brief The major things we have been -- I feel proud of it. I was a board member -- I was named in 2007 by Commissioner Sarnoff, and I was just a board member, so I've been -- I feel made this report by -- you know, with my notes and my experience on the board, okay. Things we looked at very close is the projects to be sure they are on budget and (UNINTELLIGIBLE) specifically and identified in the City Administration and set forth informational pamphlets, where all the matching grants have been applied for and funds secured, where theq CIP (Capital Improvement Projects) and its budget approved by the CIP Department and other departments in the City. We have worked very close with the CIP Department -- Assistant City Manager Anido knows about it -- revising the PAF form, the Project Analysis form so that way we can go ahead and track the cost of the project. Before, it was very, very -- you know, very general, so we want more and more transparency in what we receive. Sometimes we have a little bit opposition from the CIP Department because (UNINTELLIGIBLE) -- when I was a board member, and now that I'm the chairman, I continue on. I don't change -- is asking for data and data and data. I like numbers. I play with the numbers and I look at it. I have some experience in the construction industry. I'm an engineer by trade. I look at the design costs. I believe that on the design costs, we're going to be paying a little bit overboard. I'm always questioning that. And the actual construction costs, yes, Igo ahead and ask for it a lot. We ask a lot of questions on that. All the City of Miami Page 156 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 board members are really -- participate on it. I'm very proud that this year when we started the first audit committee meeting, we had seven members attending; usually it was only two or three of us attending those meetings. And that's where we always argue and discuss specific items, okay. One of the things we have not received yet this year is the budget and analysis of how the bonds are, you know, where we are, how much have been spent, how much is on each project and how much we got left. One thing that is bothering us too is -- that I have not discussed with Mr. Anido, but I will go ahead and try to meet with him as soon as we can -- that when there is the next -- you know, when a specific project comes under budget, that money the CIP Department can automatically go ahead and transfer it to another project. It seems to me that the Bond Oversight Board, if there is any money left on any of the projects, should go back into the piggybank, and then any project come back over to us and for us approve it -- not approve it, you know, recommend -- or give you our recommendation. That's one of the things we're looking into it. I have to be brief because it's late enough, so any questions you have forme. Vice Chair Carollo: Thank you, Mr. Solares. Any question from the Commission? Commissioner Gort: I have a question. The bonds that we're discussing is not the issue that was done in 1993, is it? Mr. Powers: No. Mr. Solares: No, no, no, no, no. Commissioner Gort: Those have been spent and (UNINTELLIGIBLE). We're talking about the street -- the new bond issues that came out, right? Mr. Solares: That is correct. The 2000 -- Bill Anido (Assistant City Manager): The Homeland Defense -- Mr. Solares: Homeland Security. Vice Chair Carollo: Speak one -- Mr. Powers: Two thousand -- Vice Chair Carollo: -- at a time and go through the Chair, please. Mr. Powers: I'm sorry. Commissioner Gort: The Homeland Security was in year 2000? Mr. Solares: Pardon me? Commissioner Gort: The Homeland Security bond issue was passed in the year 2000. Vice Chair Carollo: 2001, I believe. Mr. Solares: 2001, I thought it was. Commissioner Gort: 2001, yeah. Vice Chair Carollo: Commissioner Gort. Commissioner Gort: I was part of that. City of Miami Page 157 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Solares: 2001, right after 9/11. Commissioner Gort: Do we still have money left from that issue? Mr. Solares: Yes, supposed to. I have not seen the numbers. I am assuming yes, we -- there is money left. I have not seen those numbers. Commissioner Gort: I was under the impression that those funds had to be spent within a limited time of three years. Vice Chair Carollo: Mr. Anido. Who --? I'm sorry. Commissioner Gort, who's the question addressed to? Commissioner Gort: To whoever can answer it. Vice Chair Carollo: Mr. Anido or Mr. Solares. Mr. Anido: The -- Mr. Solares: Okay. Mr. Aluko probably could help us. He's the one that is very familiar with it. It's my understanding that the three years is from the project inception to the actual completion of the project. Is that correct, Mr. Aluko? Ola O. Aluko (Director, Capital Improvements): Can you read the question, Mr. Solares? Vice Chair Carollo: Mr. Aluka [sic]. Commissioner Gort: The bonds that we're talking about -- the bond that was passed in 2001. Mr. Aluko: Ola Aluko, director of Capital Improvements. Yes. These are the 2001 Homeland Defense funds. Commissioner Gort: My understand is you have to spend it within a limit of time, andl believe it's three years? Mr. Aluko: Yes. Each time the City exercise a tranche, which is a segment of the bonds, we have three -- Commissioner Gort: And you separated the tranche? Mr. Aluko: That is correct. -- years to spend it. Commissioner Gort: Okay. Mr. Aluko: We have on June -- on May 30, the third tranche of the $250 million bond was issued and we have three years from May 30 to spend -- Commissioner Gort: Okay. Mr. Aluko: -- the balance of the bonds. Vice Chair Carollo: Thank you. Any other question from the Commission? Mr. Solares: That's what I was calling project. City of Miami Page 158 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: Mr. Solares, if you would just address me when you want to say -- Mr. Solares: Oh, I'm sorry. I was answering the question. Vice Chair Carollo: Not a problem, not a problem. Mr. Solares: I apologize. Vice Chair Carollo: Any other questions from the Commission? No. Thank you, Mr. Solares. Thank you, Mr. Powers. Commissioner Gort: Thank you. Vice Chair Carollo: Program Oversight Board. Anyone to address the Commission on the Program Oversight Board? Ms. Thompson: No, no. That's that long name for that board, Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. You did that one. So the next one is Arts and Entertainment. Vice Chair Carollo: Gotcha, gotcha. I've never heard the Program Oversight Board added to that. I guess everyone finishes with Bond. Overtown Advisory Board/Overtown Community Oversight Board. No. Arts and Entertainment, I believe the City Manager said that they will not be presenting. Mr. Anido: They will not be presenting -- Vice Chair Carollo: Right. Mr. Anido: -- due to staff changes. Vice Chair Carollo: Exactly. Mr. Anido: They will be presenting a report -- Vice Chair Carollo: That's okay. We got it. Mr. Anido: -- in about 60 days. Vice Chair Carollo: Overtown Advisory Board/Overtown Community Oversight Board. Welcome. Saliha Nelson: Thank you. Hi. Saliha Nelson, chair of the Overtown Community Oversight Board. I've never done this before so bear with me. Vice Chair Carollo: You'll do great. Ms. Nelson: Engage, educate, and empower. That is this year's Overtown Community Oversight's [sic] Board motto. Good afternoon. And on behalf of the Overtown Community Oversight Board, I thank you for the opportunity to share with you the important and necessary work this board is doing for the betterment of the City of Miami and the community of Overtown. Established by City ordnance, the mission of this board is to encourage and support housing, job creation, economic and business development, educational opportunities, historic and cultural preservation within the Overtown community. And its primary function is to provide the City City of Miami Page 159 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commission with written recommendations regarding activities, development, and improvements within or substantially impacting the residents of the Overtown community. Now I believe all of you got a copy of our annual report, so I don't need to read it. But I would like to take this time to highlight what the report reflects and the board's -- and where the board is moving in its activities. I've also prepared a packet of information for each of you to supplement my brief remarks. All of you, I think, have gotten my full packet, with the exception of Commissioner Carollo. I would love to meet with you or your chief of staff one day, please, and then I can personally present that whole packet to you. First, how have we been able to serve our function and fulfill our mission? Through a series of general board executive and committee meetings, including members, residents, and stakeholders, we have produced two very important documents; one, a board strategic plan; and two, a whitepaper entitled "Overtown Development Priorities, " which details our findings and recommendations for community revitalization. We hope that this -- that these documents serve as a foundation for decision -- making by residents, stakeholders, investors, and government. So I would like to take this -- one more moment to share with you some concrete actions that can be taken to achieve the recommendations in our report. First, increase the community and the board's capacity to do business -- to do the business of the community by supporting our ordinance change, which request the allowance to create an Overtown Community Oversight Board trust fund. This will promote sustainability, accountability, and a new and sincere level of community engagement for Overtown's residents. Because our board's budget has been zeroed out by the crisis, we would like to have an opportunity to help get some funds in so we can help move the community forward as well. Second, we have started a process to work together with key business associations and development professionals in government to support the economic growth of this community. A steppingstone to this new level of engagement, education, and empowerment could be to support our efforts by participating in our business and economic development summit that is scheduled to be held on May 6 in Overtown. Also, you could help us prepare a community -wide business plan by calling for an economic impact study to inform and clam our community's role in the City's regional -- in the City's, the regional, and the world economy. So why is this important? Because Over -- the Overtown community would like to contribute to making Miami a word -class city. We believe we have a lot of cultural and historical assets, as well as the will and can -do spirit to make it happen. So I dare to say that it is no longer acceptable for Overtown to only bring in federal dollars because of the dire circumstances of the community. We want to be a contributing economic engine that can drive the City of Miami forward, and we look forward to working with each of you in that effort. Vice Chair Carollo: That was a pretty nice presentation -- Commissioner Gort: Yeah. Vice Chair Carollo: -- for your first time. Ms. Nelson: Thank you very much. Vice Chair Carollo: Thank you for that -- Commissioner Gort: You got an A. Vice Chair Carollo: -- presentation. Any comments, any questions? No. Thank you for that, ma'am. Ms. Nelson: Thank you. Vice Chair Carollo: And Liberty City Community Revitalization Trust. Elaine Black: Good afternoon. My name is Elaine Black, and I'm the president of the Liberty City of Miami Page 160 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 DI.3 10-00275 City Manager's Office City Community Revitalization Trust. Unfortunately, my chair had a unfortunate incident to happen in his community, so he could not be here this evening. The Liberty City Community Revitalization Trust's focus is the revitalization of the Liberty City community. Our main focus is really to produce housing within the area while supporting the quality of life of the residents. And we have submitted our report, and I'd like to highlight our accomplishments in 2008-09. We completed 60 units of senior rentals. We completed 7 units of transitional housing, 20 units of single-family housing, and we currently are involved with the redevelopment of 32 units of housing through the Neighborhood Stabilization Program. In order -- when you're building houses, you have to have people to buy those houses. You have to have people to rent those houses. And we found out that all the houses that we put up for rent, seniors moving into the Liberty City community, are already living in the Liberty City community; within 30 days of completion, the properties are generally 100 percent leased up. The one you went to just on last Friday, Biscayne Court, is 100 percent leased and a lot of the residents that move into the high-rises that are seniors move -- are residents of the area and they want to no longer own a house, and they have an opportunity to live in a wonderful place. So our senior rentals have been very successful within our communities. I'm happy to say that we've also been very successful at ensuring that people in the community buy homes. We have 31 people who are in the process of buying homes at the present time. We have assisted 25 families in keeping their homes in the Liberty City community, and that's an ongoing effort. In the construction of any project, we ensure that local residents are hired, as well as local subcontractors. Our -- and this summer we were fortunate enough to get 70 youth hired in various summer programs. Overall, our focus is to ensure that the Liberty City community continues to grow and develop and be a wonderful place to live and work and do business. Thank you. Vice Chair Carollo: Thank you, ma'am. Any discussion from the Commission? Any questions? No. Thank you, ma'am. Ms. Black: Thank you. Vice Chair Carollo: I believe that takes care of all the annual reports. I think the only things we have left is discussion items from District 2 and District 3. I don't see the Chairman back yet, so at this time, I'm going to take a ten-minute recess. So with that said, we'll reconvene in ten minutes. DISCUSSION ITEM DISCUSSION ON THE PAYMENT PLAN FOR THE PORT OF MIAMI TUNNEL. 10-00275 Summary Form.pdf DISCUSSED Chair Sarnoff. Mr. Manager, it may be appropriate for you to discuss DI.3. Gentlemen, that's on page 36 of your agenda, and that is how we would pay for the tunnel. Carlos A. Migoya (City Manager): Thank you, Mr. Chair. You're absolutely right. Since we have a $50 million responsibility as part of the tunnel, I would like to -- if the Chair would recognize Larry Springs [sic], our CFO (Chief Financial Officer), to discuss what these (UNINTELLIGIBLE) will go into a little detail around that. Chair Sarnoff All right. Mr. Spring. Larry Spring: Thank you. Larry Spring, chief financial officers [sic]. Commissioners, I think yesterday each of you received a memo from the Manager that kind of did a high-level detail. I'll kind of go through that memo. Obviously, back in December 2007 the City of Miami City of Miami Page 161 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commission approved and we executed the master port tunnel agreement. That agreement laid out the City's obligations, notionally valued at $55 million. Five million dollars of that obligation were easements on the Watson Island to be conveyed during construction andl guess thereafter. The remaining amount, 50 million, was our actual cash contribution to the project itself, andl -- from my understanding, our contribution is limited to that 50-million notional contribution. The agreement laid out -- oh, and I should take a step back. As part of the global interlocal agreement that was approved prior to the City Commission approving and executing the master port tunnel agreement, it had always been the intent to fund this contribution from the expansion of the Omni CRA (Community Redevelopment Agency), and it's outlined in that global interlocal agreement. The master agreement itself, though, allowed for three payment options of our $50 million contribution. Option 1 was to make a $50 million contribution on the date of execution. Obviously, we did not do that at the time because we were still going through the other processes so that option has expired. Option 2 was to pay the $50 million plus accrued interest at substantial completion of the port tunnel facility, interest being paid at the average annual rate on the Florida Treasury account, which is a SPIA (Special Purpose Investment Account) investment account, the investment fund that the State manages through the CFO, the State CFO. In the memo I did give you the last three years net average interest amount: '07 was 5.9 percent, '08 was 4 percent, and '09 was 2.67 percent; average over the three years was just slightly above 4 percent for the three years, so 50 million times that 4 percent per annum until we make our contribution. The final option, and one that I thinkl heavily considered given the fact of the cash flow coming from the CRA, was the annual payment pay-as-you-go method. The contract allowed for us to make an annual contribution along the term of the concession agreement, the 35-year concession agreement. Now that time period, because the intent was to take the money from the CRA, would have to be truncated 'cause the life of the CRA expires in 2030, which is less than 35 years from today. Again, interest would be accrued in that scenario based on the same interest rate provided in option 2. Additionally, as a surety to our contribution if we do not make the payment immediately or today or tomorrow, the City was required to obtain a standby letter of credit in the amount of $50 million to ensure that. Upon the execution of the agreement, the City did obtain a standby letter of credit from our bank, Wachovia, for the first year. That first year the letter of credit was a cost of 35 basis points on the $50 million. We went forward We had to do a renewal. Actually, we let it expire for a while because the project itself was in a great deal of flux. When we realized that we were going to be moving forward again, we -- and this was about September/October of last fiscal year -- went to obtain the letter of credit again and to maintain compliance with the agreement. That letter of credit is -- was offered at a cost of 125 basis points, or approximately $625, 000 a year on -- for a one-year basis. Fortunately, we were able to enter into a side agreement with the concessionaire to not have the City have that cost burden for this fiscal year, so it is not -- we do not have that -- we're not bearing that cost. However, next year that cost will have to be picked up again, and at this point, because the CRA has been expanded, we can now dip into the intended funding source, if you will. In working with the Manager and our discussions around where we are today, obviously, we would like to make our contribution at the least cost to the City or CRA as -- overall. That being the case, the recommendation would be that we bond the tax increment from the Omni CRA as soon as possible to yield an amount sufficient to make the contribution, thus eliminating the interest carry from not having made the contribution and the interest carry on the -- you know, ongoing interest carry on the letter of credit. And the way the market is on letter of credits, if we're even fortunate enough to even be offered another one by Wachovia, it will be at this price or even higher, and I'm sure the Manager would concur with that. At this point the City staff did do bond runs with our FA (Finance Analyst), and they were attached to the exhibit that was e-mailed (electronic) out last night. Based on a 5.73 true interest cost, we expect that we could yield a total $57 million of bond proceeds and approximately -- I think it's about 41 million in project -- actually contribution to the project account, just above what our requirement would be on the port tunnel -- under the port tunnel obligations, so it's -- I think it's like 51.2 million or thereabouts. So at this time, you know, that -- Chair Sarnoff Could you rewind your last sentence? City of Miami Page 162 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Spring: I -- sure. Fifty-seven million -- Chair Sarnoff Right. Mr. Spring: -- is the total par amount yielded based on the available cash flows in the Omni CRA as of our last run, which -- and as you know, that's -- the actual TIF (Tax Increment Fund) that we're expected to receive this fiscal year minus the 35 percent obligation to the Performing Arts Center, the $1.43 million initial PAC (Performing Arts Center) bond contribution that we're also making, so net of all of those priority obligations, the remaining TIF available to bond and actually 66 and 2/3 of the remaining available to bond would yield this 57 million. We do not intend to bond the entire amount available, only basically 2/3 of it so that there will be enough money for administration to take care of our priority obligations. And based on the run, there would be available cash flow after we satisfy our debt service payment for each fiscal year. We included a preliminary debt service schedule in the memo as well, so as this point, you know, again, that outlines what our funding options are and our obligations and how we intend on satisfying those obligations. Chair Sarnoff All right. So Mr. Manager, you're recommending then that we proceed forward with bonding? Mr. Migoya: We feel -- in further to what Larry just said, the ability, first of all, to try to do a 30-year deal and the ability to try to get a 30-year standby letter of credit are very unlikely. And the cost, if you heard him, originally was 35 basis points. Now it's one and a quarter because the allocation of capital to banks is a lot more expensive, so fees for standbys have gone up, so there's a huge -- a much higher cost to do that, and it's also a variable because of the funding of -- at the State for the treasurer's account. So, definitely, we're better off since we have this liability to eliminate the letter of credit and just bond it and go with a payment as soon as we can do the bonding for the $50 million. Chair Sarnoff What steps do we need to take to do that? Mr. Spring: The -- again, for the record, Larry Spring. At this point we've taken the big step, which was to get both the City and the County to approve the expansion of the CRA. The -- our underwriting team has initiated the process of starting the validation of the CRA, which is a fairly lengthy process. I'm expecting probably 90 to 120 days just to deal with the validation process. We would have to bring back to the City Commission an authorization -- well, the CRA would have to authorize, the City Commission would have to authorize, and then the County would have to authorize since they're the governing body of the CRAs. Yes. And we do -- I did not -- I do not have a copy today, but I will provide each of the Commissioners -- I actually have a workflow that shows all of the approval steps, starting from the CRA through the City Commission over to the County. To help expedite that process, I've asked one of the County attorneys who focuses on bonds -- bond deals for the County to sit in as part of our working team so that any issues that the County may have after we pass our approval over to them for consideration can be identified early in our process and dealt with to try to keep that timeframe as short as possible, but we are talking probably six months. Chair Sarnoff I take -- right. Well, it's good you bring that up. I take it, Mr. Manager, you're going to want to get this done by December, no later than of '10? Mr. Migoya: That would be the preference. And I think the way we're talking about this, we should be able to get it done in six months, more or less, so -- Mr. Spring: Right. We have a bond -- we have a preliminary calendar, I think, that has us issuing somewhere around -- between July and August right now, but that's a perfect schedule, City of Miami Page 163 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 no delays, and as Commissioner Gort will tell you, that never happens. So-- and yeah, we have to go through our rating process, due diligence, in addition to the validation process, which is a court procedure. Commissioner Gort: Right. Mr. Spring: So it's not simple. It's not -- it's probably the -- you know, it's a complex process. Chair Sarnoff. Okay. Mr. Spring: We've laid it out to kind of you know, double track certain things. The validation's been going concurrent to certain other items, but it is a -- it's a lengthy process. It's going to take a serious effort by the CRA staff because they have to provide a lot of documentation, as well as our finance staff and the underwriting team, and the lawyers, bond counsel, disclosure counsel, everybody. So, you know, we're -- we've been getting ourselves mentally prepared. We've already taken some preliminary steps in gathering data that we need to validate and keeping in mind that, you know, we had this process, as well as the Southeast Overtown process, as well as the Marlins garage process all basically trucking almost simultaneously, so -- Mr. Migoya: Mr. Chair, so part of the urgency to bring this up and talk to you about it now is so that you understand the direction so that we can work on this and to make sure that even if we have any stumbling blocks, we can still meet the December deadline. Chair Sarnoff Okay. Mr. Mayor. Mayor Regalado: Thank you, Mr. Chairman. I just wanted to remind everyone that if we do not have this process in a fast track on this budget that we have to prepare this morning for the letter of credit has to come out of the general fund, and it's either that or the CRA board will take over, but that's up to the different boards, the CRAs, and also to understand that there's so much money to go around, but I just want to say -- and I know you know perfectly -- that if we do not have this process finished come October 1, we have to have in the 2011 budget the figure of $600,000 to pay for the letter of credit in the general fund budget. That's all. Chair Sarnoff Thank you, Mr. Mayor. Any Commissioners have any questions or comments? Commissioner Gort: Well, you know, I just got this today, but I didn't get it. For some reason, it didn't come into my -- I got it. I just got it now. I just got a copy from Lynn. No. I think that's the -- if we have that commitment, we have to find out as soon as possible, 'cause the letter of credits are not going to get more expensive next year, I can assure you that. Chair Sarnoff Yeah. I mean, I would hope that if there's any glitches, you would come to this Commission as soon as possible when you learn of those glitches, 'cause I don't think anybody here anticipates funding this from the general fund. And I -- it was always anticipated -- and I know you were a big watcher, Commissioner Gort, and for the rest that weren't here -- that the Omni CRA would be the funding source for the $50 million payment. Whether you agree with the tunnel or not, we always knew it was going to come from there. So let's just make that sure we do everything we can do to get that done. I don't think anybody wants to see January roll around and even one penny come from any of the general fund sources. Mr. Migoya: Mr. Chair, just one minor -- another reason to create the urgency is -- Commissioner Gort knows as well -- we're going through really great bond pricing right now probably in decades, so the faster we get this done, the better -- Commissioner Gort: Yeah. City of Miami Page 164 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Mr. Migoya: -- we can take advantage of those prices, and we don't want to waste a whole lot of time. So for every reason, we need to expedite this as much -- as fast as we can. Chair Sarnoff. All right. Mr. Manager, thank you for your presentation on DI.3. 11:00 A.M. DI.4 DISCUSSION ITEM 10-00001 a Office of the City DISCUSSION OF PROPOSED LANGUAGE REGARDING THE MIAMI Attorney RIVER SUB -ELEMENT OF THE CITY OF MIAMI COMPREHENSIVE PLAN TO BE SUBMITTED TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR A COMPLIANCE AGREEMENT. 10-00001a Cover Memo.pdf 10-00001 a Attachment.pdf 10-00001a Letter.pdf 10-00001a-Submittal-Horacio Stuart Aguirre. pdf 10-00001a-Submittal-Planning Department -City of Miami -River Properties Commercial Working uV 2009.pdf 10-00001a-Submittal-Fran Bohnsack-Miami-River.pdf 10-00001a-Submittal-Miami River Commission -Letter from Chairman Buermann to Miami City Cc 10-00001a-Submittal-David Snow -Planning Departmentt.pdf 10-00001a-Submittal-E-mail-David Snow.pdf DISCUSSED Direction by Commissioner Gort to the Administration to follow the three points outlined by the Miami River Marine Group in future negotiations between stakeholders. Direction by Chair Sarnoff to the Administration to bring this item back within 30 days and if a compromise hasn't been reached then a document needs to be provided to the Commission juxtaposing each side's position. Chair Sarnoff. All right. We have a time certain item, and I believe that time certain item is -- Commissioner Gort: Eight minutes late. Chair Sarnoff -- eight minutes late. I have Vice Chair -- all right, DI4, page 37 of your agenda. Vice Chair Carollo: Thirty-seven? Chair Sarnoff. It should be page 37 of your agenda. This is the Miami -- this is discussion of the proposed language regarding the Miami River sub -element of the City of Miami Comprehensive Plan to be submitted to the Department of Community Affairs for a compliance agreement. Maria' Chiaro (Deputy City Attorney): Mr. Chair. Chair Sarnoff Yes, ma'am. Ms. Chiaro: If I may give you a brief introduction procedurally, and then I believe the Planning Department will explain what is before you. This discussion is to take place at your direction -- the City Commission asked that it come back-- related to the language in the Comprehensive Plan for the properties abutting the Miami River. Language was adopted by the City City of Miami Page 165 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Commission pursuant to the review of the Comprehensive Plan in its evaluation and appraisal report. The Department of Community Affairs took issue with the language along the river. The City of Miami engaged in negotiations related to that language, and there was an intervener participant in the negotiations. During the negotiations, the City of Miami, the intervener, and the Department of Community Affairs attempted to agree on some language. The language was not finalized at the time of the elections that took place in November. And prior to a resubmittal to the Department of Community Affairs to deal with the language, the request was made that the City Commission look at the language to be agreed upon with -- by the City, the Department of Community Affairs, and hopefully by the interveners. What you have before you in terms of proposed language is a compromise of the elements in the Comprehensive Plan after discussing -- at the direction of the City Commission, with the Commissioners and the Planning Department to propose that this language be adopted by the Comprehensive Plan. Your discussion today should be focused on the document that is in front of you and whether you accept this language and ask that your Planning Department and your Legal Department submit it to the Department of Community Affairs or direct what changes you would like in it. The Planning Department will make a brief presentation about how this language was acjusted and then it -- that will be the end of the presentation from your Legal Department and your staff. Chair Sarnoff Thank you. You're recognized for the record, Ms. Gelabert. Ana Gelabert-Sanchez (Director, Planning & Zoning): Good morning. What we have if -- for you, if you desire to see it, we have put a quick presentation basically of what you have in front of you that I can go quickly over it, if that is your -- Chair Sarnoff Please do. Ms. Gelabert-Sanchez: Okay. This is a quick synopsis of what Ms. Chiaro just said. Kind of giving you a brief history on September 205 [sic] regarding the Port of Miami River sub -element and the three properties that change with the FL UM, FL UM being the Future Land Use Map; the history of the Third District Court of Appeals reversing the decision, and then the City on 2005 adopting the EAR, the Evaluation and Appraisal Report document. On November 13, 208 [sic], City of Miami Commission adopts the EAR -based amendment river policies. On the 6th of January, the Department of Community Affairs issues a notice of intent, a statement of intent on the -- find that the Miami River sub -element remains an outstanding subject to be remediated. The rest was accepted by DCA (District Court of Appeals). The part that we needed to work with them was the Miami River sub -element. On October 16 we go for mediation in Tallahassee, Legal Department and the Planning Department, DCA, and the intervener. We worked through with DCA and the intervener between October 23 and November 4. And on January 6 we pretty -- we were -- we postponed, and we're at this point on hold. And this is just -- I'm sure all of you are familiar, but just since we've talked about them, these are the three court cases, Coastal on the River, Brisas del Rio, and Hurricane Cove. The slides here kind of -- I -- we put this just to kind of give a quick overview of what is the Miami River. It is a composite of many land uses, and we have done this pie chart just to depict what all the uses we have from single-family to restricted commercial to industrial to parks and recreation; industrial being 16 percent, restricted commercial being 38, and obviously we have the parks and the residential. What is the vision for the Miami River? The preservation of the recreational and commercial working waterfronts, to promote access to waterfronts. This one I know you have it in front of you, so I'm not going to read the whole thing, but I just want to clarify that it means a parcel or parcels of real property that provides access for water -dependent commercial activities, including hotels, motels, and provide access for the public to navigate waters through the state. Recreational and commercial working waterfronts require direct access to or a location on, over -- basically, allowing the access. We feel also important is the flexibility of compatible uses. We have it existing as in the Durham Park and Spring Gardens [sic] to stimulate economic growth, potential and recreational commercial opportunities. We continue to promote viable marine uses. Example is what Merrill -Stevens, Antillean Marine, Norseman Shipbuilding to support the City of Miami Page 166 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 mixed -use that is already existing, Fern Isle, Health District, Garcia's Seafood; to improve vacant or blighted properties with recreational and commercial working waterfront uses, and create an active and vibrant riverfront through mixed -use. The strategies to promote the preservation of recreational waterfront working -- commercial and working waterfronts are below is what you have on your package, what we've pretty much done as highlight. It's one, the economic development assistant [sic]. CM is the Coastal Management 6.1.1, to support for future dredging of the river, to expedite permitting, to continue coordination with the Miami River Commission, Miami -Dade County, South Florida Regional Planning Council; to encourage residential development to include recreational and commercial marine uses, Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield redevelopment tax incentives for economic revitalization of the river. Coastal Management element policy 6.2.1 through 6.2.12 responds to DCA's notice of intent that was issued to us on January 6, which is to promote the co -existent [sic] of water -dependent and residential uses along the river by doing the following, and these are our highlights: Any density greater than duplex must include a water -related component; intensity of bonus for developments must provide water -dependent uses that are open to the public and access, must provide wet slips available to the general public. We encourage development of compatible uses through the land development regulations; to release setback requirements for waterfront industrial uses; to provide a no net loss of recreational wet slips; continue to require new residential developments to record a covenant acknowledging the presence of industrial uses abutting properties; new developments maintain public access to coastal and river shorelines and implement design guidelines along the bay walk and river walk for new development. On the intergovernmental coordination, we have Coastal Management element policy 6.4.1 through 6.4.4 to coordinate with other governmental agencies having jurisdictions over the river, continue to actively participate in the Miami River Commission, continue to work with Miami -Dade County to encourage new shipping areas along the river. In addition to the listed strategies, efforts to meet the concerns of DCA and the intervener, the City of Miami, through a successful mediation session, established categories and criteria to provide extended protection to industrial future land -use properties. This one I will take -- I believe on your packages you must have a map, and I believe we -- a larger map showing this that I'm about to describe, but we also have one that we can put here. And basically, this one is -- we divided the Policy 6M [sic] 6.1.6 will establish conditions that must be met to allow for land -use change on specific properties along the river. Commissioner Gort: Can't see it. Ms. Gelabert-Sanchez: If you don't have it, I think we have a smaller 16 -- 11 by 16 that we can distribute. What I can do -- and they'll distribute and they will put it up, I think, as we speak, we can distribute. But basically what we've done is we've divided the river -- the industrial properties in three categories, and I'll wait. Maybe -- and again, this is in an effort to add additional protection to the industrial and light industrial future land use. The industrial properties were divided in three, what we called Category A, which is industrial on industrial: Future land -use designations to remain industrial, so we (UNINTELLIGIBLE) those that you see under Category A, with existing industrial use. The future land -use change would only be considered only every seven years, and it would be only as part of the evaluation and appraisal report. So those properties are industrial land -use with industrial use on it. Category B are [sic] commercial use on industrial. Those are future land -use change would be allowed only through a large-scale amendment. Those amendments are only twice a year. They would have the criteria in order for them to apply to us. And when I would say large-scale, these amendments go to DCA. They would have to prove -- they do a market and site analysis to prove that redevelopment of the property and industrial does not -- is not feasible, or that they will transfer industrially designated property to another location on the river within the City of Miami. And then finally, Category C, which is vacant property on industrial. Those properties must present a vacant or blighted condition. The future land -use change would be allowed through a small scale. Small scale is the ones that you see that comes through you, and then I -- we need them to submit to DCA, but they're not restricted to twice a year. Again, the criteria for City of Miami Page 167 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 that -- would need to be presented to you would be a market and site analysis showing that the industrial use is no longer feasible or that the transfer of industrial designated property to another location on the river within the City of Miami. Basically, and -- of the City of Miami has 244 acres. The following -- the ones I've just read, the Category A, B, and C, with shown how many parcels and how much acreage is on the total, which is the 52, comprised of 21.4. There is -- and I'll advance this, I guess -- the total number has been calculated based on the river acreage. It's -- we used to calculate this through the GIS (Geographic Information System) data. It has been -- and I'm sure it will be presented to you -- the intervener has a different number. The calculations are different than ours because ours was done under GIS, does not include submerged lands and does not -- and it only includes industrial property. And I'm making that difference because later on the presentation, I'm sure it might be brought up to you that there's a difference in the acreage that we're presenting to you, so I'm just claming. What we've been presenting to you is industrial property, and it's calculated with the GIS. This, again, is the map that has been distributed to you. And last slide is to the two issues that I -- I just would like to kind of take a second to clarff. The Miami River sub -element has been -- DCA suggested on March 16 that the City locate these policies within the coastal management element to comply with Florida Statutes. The City's following Florida Statutes when presenting river policies in this element. It used to be a sub -element by itself. Now it's under coastal management. The City will address the need for water -dependent, water -related facilities, including strategies to present recreational and commercial working waterfront within the coastal management element. And other municipalities that are doing the same thing that we're proposing is Lee County, Palm Beach, City of Jacksonville. Actually, these were presented by DCA. And last but not least, including the word `port" with the Miami River was something also that had been requested, and the City will include the Port of Miami River title within the coastal management sub -element. And with that, I end the presentation. Thank you very much. Chair Sarnoff Thank you. Commissioner Gort: Thank you. Chair Sarnoff All right. Is there anyone wishing to be heard on the item we're discussing? Fran Bohnsack. Fran Bohnsack: Thank you. Good morning. I'm Fran Bohnsack. I'm the executive director of the Miami River Marine Group, which is the trade association of the marine industry on the Miami River. I just wanted to personally thank you, all of you this morning for reconsidering what we think is a very important transportation sub -element of the City of Miami Comprehensive Plan. A lot of people are in agreement with me and quite a few stakeholders from the Miami River are here. I'd like you all to stand up, if you would, please, stand up. Some of the names of the companies that are here. There's Fifth Street Terminal, A&E Ship Terminal, Fifth Street Marina, Bonell Foundation, Inc, Greater Miami River Foundation, International Registry of Ships, Antillean Marine, Mirage Yachts, International Ports, Biscayne Bay Pilots, P&L Towing, Marine Advisory Consultants, River Terminal Services, Sante Shipping, Biscayne Towing and Salvage, Haiti Shipping Lines, and those are not all. Those are just ones who could be here today. Commissioner Gort: Right. Ms. Bohnsack: Very interested in your discussion. We hope that you will support the amendment that was put forward by the Planning Advisory Board, which is not what is being put forward by the Planning Department. Thank you. Chair Sarnoff Mr. Cruz, why don't you let them present and then we'll hear from you, 'cause maybe you'll want to comment on something they'll say? Okay. I'm sure you'll express an opinion. Mr. Dickman, you're recognized for the record. City of Miami Page 168 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Andrew Dickman: Thank you, Mr. Chair, Commissioners, Honorable Mayor. I am the attorney for the Miami River Marine Group, all those names of businesses are part of that marine group, and we're here to address some of the issues that your staff has raised and to make a recommendation. A couple of quick comments about staffs presentation to you is that -- one of the features of their presentation is based on a list -- the category A, B, and C, and it's based on data that they have collected. And two problems with that data that they're presenting to you -- and again, I tell you that that data is the fundamental basis behind all of those goals, objectives, and policies that they're proposing to you. We were finally given that data in a form that we can analyze it, and based on the legal definition of recreation and commercial working waterfronts, we presented our analysis which almost doubled the number of acreage to DCA, 'cause it's not based on the FLUM map. It's based on existing recreation of commercial working waterfronts, which the law says must be preserved. We submitted that to DCA, and subsequent to what they're presenting to you, DCA came back and said they agree with us, that the numbers can't be based only on the FLUM amendment numbers and it can only be based on the type of uses that are in existence now, andl believe that the data that they presented to you does not include the very large properties that we originally challenged in which you instructed your City Attorney to withdraw from that challenge and support. So the data is fundamentally flawed and ultimately corrupts the proposal that they're giving to you. Chair Sarnoff Can I -- 'cause I'm slightly confused. I don't know if anybody else is. Commissioner Gort: Yes. Chair Sarnoff And I speak lawyerese. Are you saying that they've included the three lawsuits in their data? Mr. Dickman: The best that I can see, yes, because we -- Chair Sarnoff And you think that should not be included in the data? Mr. Dickman: It's almost 25 acres -- Chair Sarnoff. Okay. Mr. Dickman: -- and it should not because it distorts the -- Chair Sarnoff And could we just get an acknowledgment from them that that's true? Is that accurate, Ana? Here's the question. The data that you've provided to us right here, the pretty green, yellows, and blues, does that include the three lawsuits that the Third DCA has already made resolutions on? Ms. Gelabert-Sanchez: They're not included because those properties are restricted commercial. Chair Sarnoff Okay. So then -- so they're not -- Ms. Gelabert-Sanchez: Those properties are not industrial. Chair Sarnoff So there's no agreement then. All right. Mr. Dickman: Excuse me. On that issue, until the final appeals are finished, technically those changes have not been enacted. In fact, staff has already told the DCA, the Florida DCA that it will not -- it will ultimately comply with what the Third DCA has said, and that is a distortion of the data which, ultimately, undermines what they're proposing. And let me just -- because our position has been that in the crafting of these goals, objectives, and policies, and the mediation City of Miami Page 169 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 that they say occurred in Tallahassee, I can tell you unequivocally, we were shut out of those negotiations. What they are presenting to you has nothing to do with what we presented. The State and staff worked out those particular goals, objectives, and policies, which the State, by the way, has not committed to. And one of the very fundamental problems here is that the major stakeholders to the river aren't in support of that and has, even worse, been shut out of the negotiations. And one of the things that we want you to understand is that our position is that jobs are more important now than condominiums on the river. And I don't want to go -- we've been at this for six years, and unless you really want me to, I don't want to go through that whole history because I want you to do three things. I think it's too difficult and really inappropriate to go through every single one of those line items and negotiate them now. The reason is is that the negotiations have to occur now between the parties because the case is in abeyance and we have to submit a status report to the administrative law judge on Monday, and the Florida Department of Community Affairs is waiting for a signal from the City on what direction they want to go, because what the State is communicating to staff is the minimum requirements of the law. But they have also told staff that any local government in the state would kill to have the Miami River in its jurisdiction, so that's it. It's just the minimum requirement. And so what I'm asking you to do is to do three things, and I think it was passed out to you. Is to give a -- very specific instructions to your staff so that we can be inserted effectively into this negotiation. Number one, instruct staff to state publicly or you all state publicly that it is the policy of this Commission to now support jobs on the Miami River and not more condominiums. Secondarily, to instruct the City Attorney and the City Manager to immediately, as quickly as possible, come back to you all with a settlement agreement that has to be adopted and will originally be the final amendments that we fully agree with, because I don't think it's fair to come back with something that we've been shut out of and we are the stakeholders. And I think you'll hear from the Miami River Commission and a few neighborhoods here that will state that. And finally, our goal really -- I mean, we've been at this six years, and finally, we really want to resolve this. We really and honestly do. And I've tried to do this for a long, long time. And the goal would be to settle the litigation and come together and work favorably to create those jobs. It's only going to work if the City works with the stakeholders and if the City has intergovernmental coordination with the County. There are -- since we started this, there are new laws in place. There's law in the Florida Constitution that talks about giving tax incentives to businesses for marine operations . There are laws in place now that have created programs at the state level to give local governments funding to help with the working waterfronts, and those can't really be achieved effectively without our stakeholders, and this is just a fraction of the businesses that are out there that can create jobs if you create a culture of success. So that's what we're asking you to do. One of the persons that they recommended that is coordinating or going to be incentivized is P&L Towing. I will tell you that Captain Beau Payne owns P&L Towing. He was the primary litigant in those Third DCA (District Court of Appeals) cases. He is not in favor -- that business is not in favor of what they are proposing, is not. What they're proposing we completely disagree with, not only because the data is flawed; because they're transferring it to the coastal management section -- and I'll tell you that DCA only suggested it. And she used that word suggested. They didn't say it has to be. This has always been, since 1986, when your Comprehensive Plan was adopted in the port of Miami, the port aviations and related facilities sub -element. It's key for my client and Fran Bohnsack to work with other port directors, to work with the Coast Guard and other major regulators to really bring this river and market it to international ports. It's really key, so that's what I'm asking for you not to sit here for two hours and go over all the lines that she had there, but to instruct them to work with us, bring back something that we're fully in support of -- and I'm not saying that we're not going to cooperate and not agree with some of those things 'cause fundamentally, I think we're in agreement with some things, but the way that it's fashioned is not going to work for us, and I don't want to have to come back here. And the settlement agreement, by the way, has to come back to you for a public hearing for you to approve before it can be approved. And if the State and the City agree on a settlement agreement that is disfavorable to us, I'm very sorry, but we will have to continue that litigation. It will not end -- the parties will realign. That litigation that's currently against -- regarding these EAR amendments will still be alive if we decide that we want to stay in it. So the City of Miami Page 170 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 best thing that can happen is all three parties to agree on the wording, on the sub -element and come back to you, get it approved and be done with it, and get on to the business of creating jobs and do this. Four of your City Commissions [sic) connect with the Miami River; one doesn't. But I'll submit to you that creating jobs separate and apart from this real estate dependency of boom and bust development is creating an industry like this -- one or more industries like this that broadened the scope of your industry. So it's not susceptible to this up and down. You've already approved comp plan amendments that provide housing for years to come, years to come. Population growth that you're projecting will not catch up with that for years to come. Jobs right now are the most important thing. So please, the three items that I passed out to you will create a method of an honest engagement with City staff and your new City Manager and City Attorney. Work with DCA. They're waiting for a message from you all because of the election change, and that's what we need to do, because this status report, whether we're going to be in abeyance or not, has to go on Monday. Chair Sarnoff All right. Let me bring it back to the Commission, and I'll -- if there's further public -- sit. Mr. Dickman: There may be some -- Chair Sarnoff Sit. Nobody come up yet. I want to hear from the Commission first. Commissioner Gort: This -- do you consider residents that abut the river part of the negotiation? Shouldn't it be part of the opinions and -- ? I mean, if you're going to have the meetings with the people affected with the industry, I think the residents should also be part of that meeting. Mr. Dickman: Yes. And let me state that, because when we originally -- Commissioner Gort: And let me tell you another thing from this Commissioner here. I've been sitting here with the Mayor and part of the people in your industry trying to get them back and will support him a hundred percent. We had a meeting with Merrill Lynch -- Merrill -Stevens because we understand the importance of bringing jobs to the river, but at the same time we got the take care of the citizens. I've had it for the last four month and you got somebody here, Bill, who's here, Rodriguez, who lives in an area that's been affected quite a bit, but the terminal that is there, we had to take some measurement because of that terminal. So when you consider all this, I want you to consider the residents that exist there and been there for many years now. Mr. Dickman: If I could say this that in the past, I represented the neighborhood of Spring Garden, residents that were opposed to a change. I represented and I still represent Durham Park. We have never said that residential should not be on the river. In fact, what we planned for is that we think new residential development should be in an appropriate place. We've never absolutely said that we should have priority of the river. Commissioner Gort: Okay. Mr. Dickman: Fundamentally, I promise you that. Commissioner Gort: Okay. Chair Sarnoff Anyone else from the Commission want to be heard right now on this issue? All right. Here's -- let me just tell you structurally what we're going to do. I will lose my interpreter -- sign -language interpreter at 12 o'clock. PH.5 is going to be heard in 15 minutes. PH.4, if we want to hear it -- the only reason it's not got the time certainty. So what I'm going to do is continue the discussion for another ten minutes, and then we're going to go to the PH.5 and PH.4 so I don't lose the interpreter. So anyone else from the public wishing to be heard on this City of Miami Page 171 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 issue? By the way, there's a part of Mason's Rules which could be enforced, and I think the Vice Chair has done it the last meeting, and that is if you've already heard it said, you don't need to say it again, so try not to be repetitive. You could say I agree with what so-and-so said and that's it. All right, you're recognized for the record, Mr. Cruz. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I know about the river. I live here since 1960. I know from Miami Ship Yards to Antillean Marines to everything, and the City of Miami, the industrial (UNINTELLIGIBLE) stop at 27th Avenue, then west of that is County, Antillean Marine. But I am on behalf here of Dr. (UNINTELLIGIBLE), 2101 Northwest 14th Street. He live there abutting the 22 Avenue and the river there in Durham Park. And you know what happened with the people on the river? They're not good neighbors because Antillean Marine, when they move there, it was (UNINTELLIGIBLE) then -- all of a sudden, a residential neighborhood, Durham Park. I'm talking about the east of 22nd Avenue and the river. Now all of a sudden, they got containers there, six containers, five containers, and the (UNINTELLIGIBLE) and the ships running all day, all night. Dr. (UNINTELLIGIBLE) had called me on a Sunday at 6 in the morning with the noise of the plant, going there. What you think is there? He don't -- here today because he just -- he got a kidney transplant, okay. He taking rejection -- anti -rejection [sic] drugs. He can't be with the public, no. (UNINTELLIGIBLE) disease. But he called me and he tells me that Durham Park was a nice neighborhood there. I go there on a Saturday and the people there, Mr. (UNINTELLIGIBLE), (UNINTELLIGIBLE). The trucks blocking the entrance there on 14th Street, big trucks there park -- triple park there. What -- are they good neighbors? They not good neighbors. Don't tell me about (UNINTELLIGIBLE) good neighbors, and I see that -- I see this being (UNINTELLIGIBLE) with my own eyes, okay. I see that, and that's wrong. Become a good neighbor. Anyway, there's plenty land there. What is Align Marine? It's not anymore Align Marine. It's not anymore (UNINTELLIGIBLE). Come on, don't tell me 'cause I know the river. I've been in the river before -- since 1963. Chair Sarnoff And in conclusion. Mr. Cruz: Okay. In conclusion, look at -- I know -- Chair Sarnoff All right. In conclusion, you know. Thank you. Mr. Cruz: -- be a good neighbor. Chair Sarnoff Thank you, Mr. Cruz. Mr. Cruz: Thank you. Commissioner Gort: You've been all over, Cruz. Chair Sarnoff You're recognized for the record -- Brett Bibeau: Thank you, Mr. Chairman -- Chair Sarnoff -- Mr. Bibeau. Mr. Bibeau: -- Honorable Commission. For the record, Brett Bibeau, managing director of the Miami River Commission -- Honorable City Commission, good morning -- street address, 1407 Northwest 7th Street, Suite D, Miami, Florida 33125. On behalf of the Miami River Commission, I would like to distribute -- the City Clerk's Office is being kind enough to distribute a letter from our chairman, Eric Buermann, which I would like to read into the record. This letter serves as the Miami River Commission's official statement to all City Commissioners as requested by a City Commission resolution on this agenda item DI.4, which impacts the Miami River. The cover City of Miami Page 172 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 letter dated March 5, 2010 encloses a May 8, 2008 letter, and that letter, starting on page 2, states On May 5, 2008, the Miami River Commission updated our previous advisory recommendation based on the attached April 30, 2008 City of Miami Planning Advisory Board's recommended EAR -based amendments to the City's comprehensive neighborhood plan. "The Miami River Commission, by a vote of unanimous, 11-0, found the PAB's proposed -- Planning Advisory Board's proposed EAR -recommended amendments to the comp plan to be consistent with our adopted strategic plan. And the PAB version does not delete the Port of Miami River. In addition, there was one additional recommendation, which is not to delete, as proposed, Policy PR.1.5.8,1vhich would expand the existing Jose Marti Park to provide additional recreational opportunities for the areas' residents, workers, and visitors. Your time and consideration are most appreciated. Thank you. Chair Sarnoff Thank you. All right, we're going to take one more speaker and then we're going to go to the -- we're going to table this and we're going to go to the PH.5 and PH.4. Horacio Stuart -Aguirre: Mr. Chairman. Chair Sarnoff You're recognized for the record. Mr. Stuart -Aguirre: Horacio Stuart -Aguirre, Northwest --1910 Northwest 13th Street, Miami, Florida. I stand before as a resident of the City of Miami and as president of Durham Park Neighborhood Association. I will speak very quickly so you don't lose your translator. Very quickly. The matter before you is very important. It's an opportunity for us to end a long-standing war. We could have been divorced four times in the last six years that we've been fighting this battle. It's time to bring it to an end. The City of Miami's adopted Comprehensive Plan includes language specifically quoting Port of Miami River, although the City of Miami Planning Advisory Board, the South Florida Regional Planning Council, the Miami River Commission, just to name a few of the illustrious, distinguished organizations that supported recommending keeping the Port of Miami language and keeping the original intent of Miami River enacted, supported us, the prior City Commission and prior City Manager ignored this. The state of Florida wisely denied the City of Miami's amendments. It's time that we listened to the words of wisdom from the Department of Community Affairs and the Third District Court of Appeals. I commend Mayor Regalado for fostering the initiative to end this war. I commend you for standing with Commissioner Regalado for many years in supporting this. Commissioner Gort, you bring a breath of fresh air to the district and to Allapattah. You're focusing on jobs rather than condominiums in the sky. That's a wise view, Mr. Commissioner. I will ask the City Clerk to enter my written remarks to the record and spare you the time. Thank you, sir. Chair Sarnoff Thank you, Mr. Aguirre. All right, for right now, we're going to table the discussion. We're just going to make sure that we have the use of our interpreter. [Later...]" Chair Sarnoff Coming back now to our discussion item. How many more people from the public feel they need to be heard on this? Okay. You absolutely feel the need to be heard? Nina West: Yes, I do, Mr. Chairman. Chair Sarnoff Then I would hate afford you or deprive you of your Constitutional rights, so please step up. Ms. West: Actually, I'm here to support you, Commissioner. Nina West, 3690 Avocado Avenue, Coconut Grove. I'm just here as a past member of the PAB (Planning Advisory Board) to say that the staff did not support the PAB recommendations that were brought down to the Commission; that the PAB felt that the economic engine of the working river needed to be City of Miami Page 173 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 preserved and extended; that we voted and our vote was completely ignored by staff. All our recommendations were ignored by staff in relation to this sub -element. Thank you. Chair Sarnoff Thank you, Nina. Anyone else feeling the need to be heard? Yes, sir. Eric Bodin: Eric Bodin, 1529 Northwest South River Drive. I represent the Greater Miami River Foundation. We always like to hear a little good news. John Spencer has a -- reinvigorated a Merrill -Stevens boatyard and he's hired back on again, so he's taken about 15 guys back on and he has three hulls they're working on right now, so we always appreciate that, that someone's taken initiative and invigorated the neighborhood. Also speaking on Commissioner Gort's -- with the neighborhood and recognizing the people who live on the river. I see Ms. Parks here, and we have the Carters and the (UNINTELLIGIBLE). And we're very concerned about what happens on the river and noise and everything else that works on there, and we've had no complaints. We -- I actually -- I'm on the river and I row my boat on the river at night. And with Mr. Cruz, I fairly understand what's going on up there at the boatyard. And if there was any problems, I'd tell him to get a hold of me because I'm there at night. I row at night, and if there's anything there on the river, I'm aware of it, and I have not had any problems or anyone come up to me saying there was. So I thank you for that. Chair Sarnoff Thank you. Commissioner Gort: Thank you. Chair Sarnoff All right. Public hearing is now closed and we're going to come back to the Commission, andl think Commissioner Gort may have something. Commissioner Gort: Well, I don't have any problem in the three issues that are in here and I'm willing to make the motion to accept, but at the same time, when they talked about the -- working with the different -- coming up with the plans, I want to make sure the residents are involved also. And I also want to make sure to understand that the whole river -- there's different type of uses in the river, and I want to make sure people consider that. I want to assure my commitment is to try to help the industry. I'm a great believer of the jobs that can be brought by the river, but at the same time, the river is not industrial all the way through, so this is the things we got to look at and make sure we maximize on the use of the river. The river also -- I've talked to some of the people that have some plans to create tourist attraction within the river, which is something that we've been working. We met with the -- like I said, Horacio Aguirre met with the Mayor, myself and the people from Merrill -Stevens and we tell him we support him 150 percent. We able to work with him with the plans and try to help him to get finance and everything, so I'm a great believer on it. And I think we need to sit down and work together. And sometimes you can't win it all. You can't won [sic] everything you want. I mean, we all want the -- a Christmas package and all that, but we can't get all the goods. I think we need to sit down and really -- and work towards bringing the plan for the river. It's good for everyone. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Second it -- I'll second the motion. Chair Sarnoff All right. Anyone else wishing to be heard on this item? Ms. Chiaro: Mr. Chair, I didn't understand what the motion was. Chair Sarnoff I think the motion was to approve -- Commissioner Gort: The motion -- City of Miami Page 174 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff I'm sorry. I'll let him state it. Commissioner Gort: Go ahead. Chair Sarnoff I think the motion is to approve the 311 -- I have the goals -- Miami River goals, and I think the amendment to that is Commissioner Gort's comments, that they work together. Commissioner Gort: The three points. Chair Sarnoff The three points here, which, Madam Clerk, do you have? Ms. Thompson: Yes. Commissioner Gort: You have it? Ms. Thompson: I'm sorry. Yes, I do. Chair Sarnoff All he's doing is doing a motion by adoption. He's adopting this as his motion, and he's also putting the caveat that -- Commissioner Gort: Well, actually, this is not part of the motion. Instructing the Manager to -- Chair Sarnoff Do you want to do it by reso or do you want to do it by instruction? Commissioner Gort: Instruct the Manager to do so. Commissioner Dunn: They can't hear you. Chair Sarnoff Go ahead, you're recognized. Vice Chair Carollo: Yeah. I think Commissioner Gort wants to do it by directing the Manager. Commissioner Gort, is that correct? Commissioner Gort: Yes. Vice Chair Carollo: That's what I thought. Chair Sarnoff All right. So then we won't take a formal vote on it then. All right. Ms. Thompson: What --? Commissioner Gort: This is a discussion item. The discussion, I'm sorry, is not -- we don't need a resolution -- we don't need a -- is something wrong with my mike or I'm spoken [sic] too sofi? I think I'm yelling. Ms. Thompson: You're just a gentle speaker, Commissioner Gort, so -- Commissioner Gort: My understanding is this is a discussion item. We want the -- there was three points that was brought by the River Commission, and we're instructing the Manager to follow these three instructions. All right? Ms. Chiaro: So if I could just clam. Prior to approving the language that's in the package that was given to you today, before we go back to DCA, the Commission is directing that we engage with Mr. Dickman to further modify that language so that we can submit it to DCA, as well as the other two statements that are in this policy. And I see Mr. Dickman approaching the City of Miami Page 175 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 microphone. And Mr. Chair, we would like to come back -- we would like to report to DCA that we are attempting to reach a compromise with -- Commissioner Gort: Right. Ms. Chiaro: -- the interveners, and we will bring the language back to you when? I mean, we need to have a time frame on trying to reach a compromise. Chair Sarnoff Can this be done in 30 days? Ms. Chiaro: It should -- I believe -- Mr. Dickman: Just -- Ms. Chiaro: -- it can be. We can engage in meetings. Mr. Dickman: The point I want to make is it is in litigation right now, so I'm suggesting that we meet, we work this out as part of the formal -- Commissioner Gort: The litigation, yes. Mr. Dickman: -- negotiation. And it has to come back to you -- Commissioner Gort: Right. Mr. Dickman: -- as -- in the form of a settlement. And I'm asking in that -- those points is that we do that as quickly as possible. Commissioner Gort: Right. Mr. Dickman: And I just wanted to make sure that that was -- Chair Sarnoff Okay, so -- Mr. Dickman: -- directed to the City Attorney and not just the City Manager. Chair Sarnoff -- here's my suggestions: We bring it back in 30 days. If you guys do not have a compromise reached -- and the word "compromise, " I'm not using the word settlement; compromise. If you don't have a compromise reached, I'm going to need to see the Administration's position juxtaposed, in a column next to their position -- Commissioner Gort: Right. Chair Sarnoff -- so that I can vote on each issue one -by -one and understand what it is I'm doing. We could set policy. I could say I want jobs, and God, I think I've been up here the most saying jobs, jobs, jobs. It's not that simple. I wish it were. Commissioner Gort: Yeah. Chair Sarnoff And I -- you know, Commissioner Gort, it's really his -- it's really primarily his issue. It's Commissioner Dunn's issue to a large degree. I got all the condos, but the port is such a profound issue to all of us that we have to have some influence over it. So in 30 days come back to us. If you don't have a compromise reached in 30 days, I need to see, on big charts -- Commissioner Gort: Right. City of Miami Page 176 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff -- I want to be able to see you need to vote for this Commissioner or this, okay. We keep moving, and that should take us about an hour, at the most. Everybody in agreement? Mr. Dickman: As long as we -- if we do have a disagreement, we would have an opportunity to say why we have a disagreement as well Chair Sarnoff If you noticed something today, today said no public hearing, and I still gave you a public hearing. Mr. Dickman: I appreciate that. Thank you. Chair Sarnoff And -- so everybody will have an opportunity to comment. Maybe not the full two minutes, but you'll have the opportunity to comment. Mr. Dickman: Fair enough. Chair Sarnoff But I want to get this to a conclusion, all right? Fair enough. City of Miami Page 177 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 DISCUSSION ITEM 10-00089a DISCUSSION CONCERNING AN UPDATE ON THE FLAGSTONE PROPOSAL. 10-00089a Discussion Page.pdf DISCUSSED Mayor Tomas Regalado: On D -- on M.1, Mr. Chairman, we were supposed to bring to you an update on the Flagstone proposal. And what I'm asking you is to see if you would approve a resolution authorizing the City Manager to extend to March 25 the current agreement to enter into the ground lease agreement to enter between the City of Miami and Flagstone Island Gardens in order to continue the talks for consideration -- final consideration at the March 25, 2010. The reason that we are asking this is because we still -- and the City Attorney is involved and the Manager -- in talks with Flagstone on a daily basis, and we're trying to reach an agreement that will be fair for both the City and Flagstone, and at the same time, have a result that it will be less complicated. And what we wanted to do is to bring you the final agreement. You have the draft, but the changes that have been done or may be done by March 18, so you will have a full week to -- if we do not have it by March 18 for you to consider, then with you we have to explore our options in the deal. So that's the resolution that we're presenting to you. Chair Sarnoff All right. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Is there a second? Commissioner Dunn: Second. Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Dunn. For discussion, gentlemen? Anyone wishing to discuss the resolution? Commissioner Dunn: I just believe -- Chair Sarnoff Commissioner Dunn. Commissioner Dunn: -- it makes -- thank you, Mr. Chair -- sense at this point to allow it to -- some type of agreement to be made. A week or two won't kill us. Chair Sarnoff Anyone else? All right, gentlemen, let's call a vote. All in favor, please say Eye." The Commission (Collectively): Aye. Chair Sarnoff Unanimous. Mayor Regalado: Thank you, Mr. Chairman. City of Miami Page 178 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 M.2 10-00181 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO EXTEND TO MARCH 25, 2010, THE CURRENT AGREEMENT TO ENTER INTO GROUND LEASE ("AGREEMENT TO ENTER"), BETWEEN THE CITY OF MIAMI ("CITY") AND FLAGSTONE ISLAND GARDENS, LLC ("FLAGSTONE"), IN ORDER TO CONTINUE NEGOTIATING THE MATTER FOR CONSIDERATION AT THE MARCH 25,2010 CITY COMMISSION MEETING. 10-00181 Legislation.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-10-0091 City of Miami Page 179 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 D2.1 10-00235 DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM DISCUSSION ABOUT BICYCLE SAFETY. THERE IS A NEED TO EDUCATE MOTOR VEHICLE DRIVERS AND BICYCLE RIDERS ON THE NECESSITY OF BICYCLE SAFETY. DISCUSSION ABOUT THE BENEFITS OF PROPOSED BICYCLE SAFETY BUMPER STICKERS. DISCUSSION ABOUT THE ADMINISTRATIVE STEPS THAT MAY BE NECESSARY TO APPROVE PROPOSED BICYCLE SAFETY BUMPER STICKERS. 10-00235 Email.pdf DISCUSSED Chair Sarnofff. Back in session, if there is such a thing as that. I like that. I have a discussion item. I'm just going to do it briefly. It is about bicycle safety. This -- for my fellow Commissioners -- is a bumper sticker that we're trying to get for the general public to have and for us to put on City vehicles. They will be the peel -away kind, so they would do no damage. And for those of you that don't know this and a little -- few things about bicycle safety. As I think we've all recently learned, four of the top ten deadliest cities in America are in Florida. Florida is in the top three for pedestrian and bicycle deaths since 2001, and Florida is the deadliest state with 11 percent of all pedestrian deaths in the United States and 17.5 percent of all bicycle deaths in the United States. From 2005 to 2008, 33 bicyclists and 232 pedestrians were killed in Dade County alone, in Dade County alone. The sticker's intended to be an educational tool. For those of you that don't know -- and I must admit, I didn't know -- it is a law -- it has been the law for a very long time that you must be three feet away from a bicyclist. That means it is our obligations [sic] in vehicles to make sure that we keep a spacing of three feet from bicyclists. I want to say that the community has stepped up to aide the City of Miami. Max Milani has offered to pay for the stickers. The stickers, in runs of 1,000, cost $375. Anybody listening to this, I've since learned that we cannot put your logo on this or we'd have to go through a very elaborate RFP (Request for Proposals) and go to the lowest bidder concept. Anybody who wishes to donate the $375 to my office, it would be simply from the goodness of your heart. Our new City Manager is an avid bicyclist, and I think he's pretty wealthy, so maybe he could do a run of a thousand. Commissioner Gort: 1'll make a motion that he does. Chair Sarnoff.. Yeah, let's do that, from his own personal account. But I think this is good -- this is just good bicycle safety stuff. One of these days -- we talked about it a little bit with the red-light cameras, and it wasn't talked about enough. If you all don't know this, we are the second -- we are the number -one traffic homicide fatality city in the United States, number one. We are the number two deadliest pedestrian city in the United States. And if we just accept that, we have not prepared ourselves or created a great city, and we've not certainly given ourselves a City of Miami Page 180 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 safe city. And just think about walking with your grandchildren, why you would need to have that kind of pending situation. So every time we can create a better vehicle scenario, whether it is a red-light camera, whether it is letting people know you've got to be three feet from a bicycle or three feet from a pedestrian -- or maybe we just think to ourselves as we speed along any road 'cause we feel like we're late, just take a deep breath, take a look around, and remember you're in the car and everybody else is not. And we're not so important -- nobody sitting up here is a brain surgeon, and very few of us were -- are or were police officers that really need to get where we need to go as quickly as we think we do. And courtesy is contagious. Put a smile on your face. Let somebody go ahead of you. It'll make your day a little better. Thank you. Vice Chair Carollo: Mr. Chairman? Chair Sarnoff Yes, sir. Vice Chair Carollo: As you mentioned, I am a former law enforcement officer and I don't know if that's a recent law, but I didn't even know about the three feet. So you know, I commend you because I think it's extremely important. And like I said, I didn't even know about it. So, again, I commend you. Chair Sarnoff Thank you. Commissioner Dunn: Mr. Chair? Chair Sarnoff Yes, sir. Commissioner Dunn: In light of the bicycle -- what is it? -- ordinance or resolution that you want to -- Chair Sarnoff Well, what it is, is -- Commissioner Dunn: Just -- Chair Sarnoff. -- I'd like to get these -- I'd like the City of Miami to allow us to put these on the cars -- Commissioner Dunn: Absolutely. Chair Sarnoff -- and I would -- I just have to find the funding source, and I don't want this to cost us anything. Commissioner Dunn: Sure. I support that wholeheartedly, and I just -- even as you alluded to the pedestrian aspect, I was just given information that's somewhat vague and ambiguous about five people in Liberty City being hit by a vehicle today, so -- but I believe that was more of a revenge -type thing, but still it doesn't matter. Chair Sarnoff Well, you know, it's -- Chief Timoney, we would always go to him about crime, and he'd always kind of say, I could fix the crime, but you know where most of your deaths occur, from pedestrians and on homicides from motor vehicles. So it's something that I'd like us all to take to heart. It's something we can fix. It's something we can cure. Even if we just talk about it and say, did you take a breath? Did you get in the car? Did you hit the gas as hard as you could, or did you just think to yourself for one moment, whether it is going down Brickell, a place people do like to speed, just enjoy yourself for a few minutes, you know. Don't go as fast you need to go. Give a little courtesy. We have a place, UTD (United Teachers of Dade), it has a crosswalk. It's essentially older ladies. And I actually think they tee them up to try to hit them as soon as they get in the crosswalk. There's no courtesy. There's no consideration. This is City of Miami Page 181 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 D2.2 10-00236 something we can change today, right now, if we just got in our cars and just said to ourselves, slow down. Take it easy. Just look around. Take a moment. Commissioner Dunn: One other question. And I'm supportive of this, but what constitutes a bicycle? Because even as you talk, in my line of work as a minister, I'm involved in many funerals, and there have been cases where escorts who have been on motorcycles have been hit and killed, even though they have their proper licensing. So what is the bicycle definition or threshold? Chair Sarnoff Florida Statute actually defines it as a non -motorized vehicle -- Commissioner Dunn: Okay, so -- Chair Sarnoff -- two -wheeled vehicle. But -- and a motorcycle is well defined in Florida Statutes. Commissioner Dunn: Okay. Chair Sarnoff So I appreciate you letting me hear this -- or letting me sound it off to you. And anybody who can talk about this -- you know, New York had a whole thing, courtesy is contagious, and it really is. If we treat each other well, people will treat us well, and it all starts probably in the car. All right. Commissioner Gort: Mr. Chairman? Chair Sarnoff Yes, sir. Commissioner Gort: I believe one of the major problem you have here is not only education about bicycle but driving itself. There's someone that goes from the City of Hialeah that goes on the radio every morning and they talk about the police, one of the major problems they have, the amount of people they stop and they have suspended license. Their license has been suspended for eight or six times, and they're still driving. I mean, we have to find a way those people that have suspended license to stay out. And this is a major problem that we have here in Miami. Chair Sarnoff Very true. Commissioner Gort: So we have to go beyond that. Chair Sarnoff There's things that we don't want to be on the tip of the spear, and we're on the tip of the spear of lack of courtesy and lack of consideration. And as a result of that, we are the tip of the spear in traffic homicides. There's nobody really more -- experiencing more than us. Thank you. DISCUSSION ITEM DISCUSSION ABOUT BUS STOP SHELTERS. DISCUSSION ABOUT THE CONDITION OF HUNDREDS OF BUS STOP SHELTERS ALL LOCATED IN THE CITY OF MIAMI AND MOST IDENTIFIED BY THE CITY OF MIAMI LOGO ETCHED IN GLASS. WHAT IS THE STATUS ON THE "BUS STOP SHELTER" CONTRACT? WHY ARE SO MANY BUS STOP SHELTERS IN POOR CONDITION? WHO IS PAYING FOR REPAIRS TO DAMAGED AND/OR VANDALIZED City of Miami Page 182 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 SHELTERS? WHO IS RESPONSIBLE? 10-00236 Email.pdf WITHDRAWN Chair Sarnoff Commissioner, did you -- you have a discussion item? It's up to you. Vice Chair Carollo: Yes. I have a discussion -- Priscilla A. Thompson (City Clerk): Excuse me, Chair. I'm sorry, Chair. What about your D2.2? Chair Sarnoff No. I'm sorry. That is -- Ms. Thompson: Are you --? Chair Sarnoff -- how do you put it? -- done. Vice Chair Carollo: Withdrawn. Ms. Thompson: You're withdrawing it? Chair Sarnoff Withdrawn. Ms. Thompson: Thank you. Chair Sarnoff Thank you. City of Miami Page 183 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO D3.1 DISCUSSION ITEM 10-00270 DISCUSSION CONCERNING PARKS IN DISTRICT 3. 10-00270 Email.pdf DEFERRED Note for the Record: D3.1 was deferred to the City Commission meeting currently scheduled for March 25, 2010. Chair Sarnoff. D3.1. Vice Chair Carollo: Thank you, Mr. Chairman. Yes. I have a discussion concerning parks in District 3. In light of the time, the Manager not being here and so forth, I am considering continuing this and -- or deferring it to the next meeting. However, I do want to stipulate two things. One is, if possible, so it won't be at the end of the meeting, if maybe I could bring it up, you know, earlier in the next meeting? Chair Sarnoff We'll give you a time certain. Vice Chair Carollo: I don't know ifI need a time certain, but maybe I could just request, you know, in the meeting so, you know -- so it doesn't have to be a time certain but, you know, within reason -- Chair Sarnoff Okay. Vice Chair Carollo: -- so it could be reasonable for everybody and depending, you know, if we have, you know, PH (Public Hearings) items and so forth. So that's one. DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II City of Miami Page 184 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 NA.1 10-00322 DISCUSSION ITEM DISCUSSION REGARDING FUNDING FOR RESTORATION OF MIAMI MARINE STADIUM. DISCUSSED Chair Sarnoff Mr. Mayor, why don't we have you come up for your M.1, M2 issues. Mayor Tomas Regalado: Thank you, Mr. Chairman. Chair Sarnoff You're recognized for M.1, Mr. Mayor. Mayor Regalado: Thank you, sir. Before I do M.1, I would like to report to you, Chairman, Vice Chairman, members of the Commission, that last night, the afternoon, we went to the County Commission. We went before the Transit Infrastructure and Roads Committee, chaired by Commissioner Barbara Jordan. And the discussion item was a resolution presented by Commissioner Carlos Gimenez, member of the that committee, along with Commissioner Cejas, Commissioner Sorenson, Commissioner Rolle, and of course, Commissioner Jordan, that the County will approve a historic preservation fund, allocating $3 million to Miami Marine Stadium. This resolution, as I said, was sponsored by Commissioner Gimenez, was approved by the five -member committee board, and it will go now to the Bond Oversight Committee and then to the full Commission probably in the month of April. This is great news. I went there with Hilario Candella, the architect for the Marine Stadium who made a presentation; Dade Heritage Trust, who was the original sponsor of this bonding for historic preservation was there in support of the $3 million for the Marine Stadium; also Friends of the Marine Stadium were there. This is the first step in getting the funding for the restoration of the Marine Stadium or as Hilario Candella wants to describe, Miami Marine Park, because they have an auxiliary presentation that we will do before you in the near future. I just wanted to tell you that we had great support and great comments from the five members of this committee. And I'm hopeful that the full Commission will approve this. If this is done, we will get one million immediately and then in steps. One thing that I ask to be add to the resolution for the comfort of the members of the County Commission is that the inspector general of the County will be involved in checking how the money is spent. And we are in the process of creating a 501(c)(3) for the Miami Marine Park Fund trust. And I think it's great news. I think it's something that we should celebrate because it's the first funding that we get and it's a $3 million funding. By the way, UM (University of Miami) is doing a study. And as you know, Friends of the Marine Stadium paid for a study, not the City, but they paid for the study, and they found that the structural work for the Miami Marine Stadium is only $8 million. Now, the auxiliary seats andADA (Americans with Disabilities Association) compliance and painting and all that could be two or three more million dollars, so the cost that the past Administration had said $34 million is not a right figure. So we are, I think, on the way to probably announce that we have the Miami Marine Stadium funding. Last night we also had the opportunity to meet with Governor Charlie Grist, and we asked also for funding from the Historical Preservation of the State of Florida. There was a ceremony -- the Vice Chairman was there -- where the Governor signed a bill, which, by the way, will save millions of dollars to the small business in the City of Miami and throughout. There are 274,000 small business [sic] that would not have to pay for the next two years $100 for unemployment tax, and they would -- so that saves a lot of money to the business [sic] in South Florida and in the City of Miami. So there -- those are two good news. The Governor said that they would look and respond to the City. And he was very interested in helping us for the funding of the Miami Marine Park. And that's good news that we have to report. /'Later...J" Commissioner Gort: I have a question on the Marine Stadium. Are we going to continue to use City of Miami Page 185 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 the Marine Stadium like it was in the past; be able to rent it to people and so on and have events there? Mayor Regalado: Well, actually -- Commissioner Gort: Or are we going to create a park? Mayor Regalado: Commissioner, no. The reason that it's called park is because it would have auxiliary uses next to the stadium. That's what the -- the UM (University of Miami) students are working on a concept to have like small, you know, cafes and -- Commissioner Gort: Right. Mayor Regalado: -- like sort of a maritime museum, small auxiliary in the area of the Marine Stadium. But of course, the Miami Marine Stadium, it is supposed to be rented. Hopefully, a trust, like the Bayfront Trust that works really well, will run the stadium, and hopefully, they will find a company that knows what they're doing and not burden the City with the money and all that. I'd like to mention that there is an offer from a private foundation of half a million dollars already, and we can access that. We're waiting for the 501(c)(3), but that could be a fund for the maintenance. The idea is for the City not to have the Marine Stadium as part of the general fund and also having a company that will try to run the stadium as they run the Bayfront Park auditorium. It's something that guarantees. Also that the City can use the facility for community events and all that. And then there is the naming rights, you know, the possibilities, so the Trust will be in charge of that, but -- Actually, I think there is a boat race in November at the stadium, so -- I mean, it's not that it's going to be fixed by November, but there is a boat race in November, so it would -- you know, yesterday at the County Commission, Commissioner Barbara Jordan said, Oh, the first time I saw Ray Charles was at the Marine Stadium. "And Commissioner Sorenson said, Oh, I went there for Jimmy Buffet. "And Natasha said, P went there for Our Lady of Charity. "So everybody -- Commissioner Gort: Everybody's been there. Mayor Regalado: -- in the board -- Chair Sarnoff Everybody has a memory. Mayor Regalado: -- was there, so hopefully, it will be used in that (UNINTELLIGIBLE). Chair Sarnoff Mr. Mayor -- Commissioner Gort: Thank you, Mr. Mayor. Chair Sarnoff -- in regards to what Commissioner Gort was talking about with that whole site in there, you know that we approved two leases, the Rusty Pelican lease and the Rickenbacker Causeway -- Rickenbacker Marina lease. In both those leases are the requirement that they pay for, in total, I think it's $5 million a park -- $6 million -- I short the City a million bucks, that'd be horrible -- for a parking garage, and -- Mayor Regalado: Thanks to you. Chair Sarnoff No. And not many Commissioners bring a parking garage completely paid for, and you voted for it, so we all played our role in that, but it was a lot of arm twisting. I just hope that -- if anybody's been out there -- and you know, I -- usually, I -- does anybody remember the Indian years ago used to have a tear in his eye; he'd look at pollution? It was big in New York. And every time Igo out to that place, there's sort of a tear in my eye. It's my district. It's not City of Miami Page 186 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 NA.2 10-00324 attractive. It looks like lunar the landing field. And the idea behind it, you know, was to create not outdoor parking, but create a parking garage and green up the area and, you know, we all agreed we didn't think that the master plan necessarily did it, and we all agreed that University of Miami might help us with this, but I just hope that everybody has a sentiment and an understanding. We have a fully paid for parking garage waiting for us to go out there and take up this lunar landing field and green it up or do whatever it is we think we need to do. And there's some -- I guess I want to voice some frustration to you, because I'd like to see that move forward or be considered. I'd like to see in a year's time. These garages do not take a long time to build. Mayor Regalado: Mr. Chairman, I think that you're totally right. I think that it's something that we can show immediately. That's a deal that it's already approved. Everybody is on board. Rusty Pelican is paying. The Rickenbacker Marina is doing the repair as we speak. And I think that the Manager met yesterday -- not you, the other Manager -- with the County Manager Burgess and they promise some kind of -- you know? Larry Spring (Chief Financial Officer): This time I do. Through the Chair, the Manager did meet with County Manager Burgess yesterday. Some of the issues that we have on the Key, like the access road and some of those things were -- apparently have been worked out. And I think you're very familiar with the road, which is the road that would take us from the garage over to the restaurant area without having to go back out onto the Causeway. So that was worked out yesterday. Carlos A. Migoya (City Manager): That's correct. Mayor Regalado: And the County will take care of the repairs. That's what they -- Chair Sarnoff That's great. I just -- Mayor Regalado: -- said. Commissioner Gort: Get 'em going. Chair Sarnoff Yeah. I just brought it to your attention because how many times we bring a paid for parking garage in the City of Miami? Mayor Regalado: That's true, Mr. Chairman. And you're totally right, it's -- it brings you a tear when you have the president of the world monuments association trying to walk through the debris in what it should be the parking lot, and you know, you have national media. Actually, the governor of the state of Florida, he wants to visit the Marine Stadium, I think, within the next two weeks so we have to organize a tour for him and, you know -- I think you're totally right, and we're committed to that. Chair Sarnoff Thank you, Mr. Mayor. Anybody have any questions or comments for the Mayor, 'cause I think he's done with the agenda? Commissioner Gort: Thank you. DISCUSSION ITEM REMARKS BY ELSAJARAMILLO-VELEZ, INTERIM DIRECTOR OF EMPLOYEE RELATIONS, REGADRING HER LAST DAY WITH THE CITY OF MIAMI. City of Miami Page 187 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 DISCUSSED Elsa Jaramillo-Velez (Interim Director, Employee Relations): Commissioners, I'm sorry. I'd just like to take this opportunity to thank all of you. Tomorrow is my last day. I'm resigning from the City of Miami after nearly 11 years of service. I love the City of Miami, and just remember, you have a great workforce. Thank you. Chair Sarnoff. Where are you off to? Ms. Jaramillo-Velez: Coral Gables. Commissioner Gort: Oh. Chair Sarnoff Oh. Commissioner Gort: You know, that's what happens. We train them in the City of Miami and then they go all over the County. Chair Sarnoff Tell Slesnick if he poaches again -- Carlos A. Migoya (City Manager): Mr. Chair -- Chair Sarnoff -- we're going to send -- Mr. Migoya: -- we tried to keep her but she feels that she's getting a great opportunity, and we wish her the best -- Commissioner Gort: Well, good luck to you. Mr. Migoya: -- in her career. Commissioner Gort: You'll do well. Mr. Migoya: Thank you. Commissioner Dunn: God bless you. Chair Sarnoff Mr. Manager, it may be cheaper to keep her. All right. NA.3 ORDINANCE 10-00317 Non -Agenda AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/PLANNING ADVISORY BOARD," MORE PARTICULARLY BY AMENDING SECTION 62-61 ENTITLED "ESTABLISHMENT", TO CHANGE THE NUMBER OF VOTING MEMBERS FOR THE PLANNING ADVISORY BOARD FROM NINE TO ELEVEN, WITH THE MAYOR APPOINTING ONE MEMBER; AND AMENDING ARTICLE V/SECTION 62-122 ENTITLED "APPOINTMENT OF MEMBERS AND ALTERNATE MEMBERS OF THE PLANNING ADVISORY BOARD AND ZONING BOARD/SIZE OF BOARDS AND TERMS OF OFFICE", TO CONFORM; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR City of Miami Page 188 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 AN IMMEDIATE EFFECTIVE DATE. 10-00317 Legislation FR/SR.pdf SPONSOR:VICE-CHAIRMAN CAROLLO Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Samoff, Suarez and Dunn II Vice Chair Carollo: Yes, and I want to discuss this and just bear with me for a second. It seems that the practice has been that my district has the alternative member, and what that means is should all the members be present at the meeting, then the alternative member cannot vote. So in essence, I would only have one member representing my district. That has been -- yes, that has been the practice. Commissioner Gort: (UNINTELLIGIBLE). Vice Chair Carollo: So what I am suggesting that I -- we make an amendment to the ordinance and -- you want to take the alternative? Commissioner Gort: To rotate. Chair Sarnoff Well, the truth of the matter is that the Zoning Board is going to be dissolved in a few, so what I am requesting is that I amend the ordinance in order that we add an additional member for the Mayor because right now the Mayor does not have any appointments, so we add one, and we make all the members permanent and not an alternative, if that's possible. And I'm sorry, Madam City Attorney, am I correct in my procedure? Maria J. Chiaro (Deputy City Attorney): Well, you can amend the ordinance and it can come back in two weeks and then the ordinance will be amended, and for the duration of this board, it will have then 11 members, if that's what you so desire, with each Commissioner nominating two Vice Chair Carollo: Two. Ms. Chiaro: -- as this is -- Vice Chair Carollo: The Mayor. Ms. Chiaro: -- the practice -- Vice Chair Carollo: Right. Ms. Chiaro: -- even though it doesn't set forth how that works, and the Mayor appointing one with no alternate. And then you -- the ordinance would otherwise be the same, or -- I mean, if one of the Commissioners wishes to make an appointment other than you for -- as an alternate, that's another way to handle it. Vice Chair Carollo: Well, I first want to make the amendment. IfI could make a motion for that amendment, if you allow me to, Mr. Chairman? Chair Sarnoff Just -- it's instruct -- you're trying -- Vice Chair Carollo: As instructed. City of Miami Page 189 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Chair Sarnoff. -- yeah, you're trying to instruct her to change an ordinance. We can't do it right from here. Vice Chair Carollo: I believe we can -- Chair Sarnoff (UNINTELLIGIBLE). Vice Chair Carollo: -- as first reading. Madam City Attorney? Ms. Chiaro: The ordinance can be introduced on first reading here out of pocket. It's not any different than anything else. It's not had -- that has not been your practice, but it is -- it can be done. Chair Sarnoff I don't have a problem with it. It's not a financial impact. It's a remedial action. I didn't even realize that was happening to you. Vice Chair Carollo: Yeah. So I mean -- so, in essence, what -- and -- Commissioner Suarez: So moved. Commissioner Dunn: Second. Vice Chair Carollo: Thank you. Chair Sarnoff Enough said, huh? Priscilla A. Thompson (City Clerk): I'm sorry. And Chair? Chair Sarnoff This resolution, Madam Clerk, is -- Vice Chair Carollo: First reading. Chair Sarnoff -- this is first reading of a ore tenus ordinance -- Ms. Chiaro: I have an ordinance ready I can read for you. Chair Sarnoff Do you need to read it for us, or how would you --? Ms. Chiaro: First reading of an ordinance. I'll need to read a title for you. It's a very simple title. Chair Sarnoff All right. So we have a motion; we have a second. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sarnoff Roll call. Ms. Thompson: On your roll call -- Commissioner Suarez: Public hearing. Ms. Thompson: Yes, I'm sorry. We do need a public hearing. Thank you. Chair Sarnoff Oh, the public hearing is -- I'm sorry. This is a public hearing to add an City of Miami Page 190 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 NA.4 10-00325 additional member as the Mayor as a voting member. Anyone from the public wishing to be heard? Public hearing is open. Public hearing is now closed,- coming back to the Commission. Roll call, Madam Clerk. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. Now -- Ms. Chiaro: This will come back for second reading on March 25. Vice Chair Carollo: And Mr. Chairman, can I have the floor? Chair Sarnoff. I just want to know what else we're amending on the City ordinances. Vice Chair Carollo: We're following procedures. Chair Sarnoff Okay. Vice Chair Carollo: Do I have the floor? Chair Sarnoff Yeah. You have the floor now. Vice Chair Carollo: Thank you. With that said -- first of all, I would like to thank my colleagues for that. And with that said, if any -- once again, this will come back for second reading on -- in two weeks, March 25, and then that will be the ordinance. DISCUSSION ITEM NOTIFICATION BY COMMISSIONER CAROLLO OF A DISCUSSION ITEM HE WILL BE SCHEDULING FOR THE MARCH 25, 2010 COMMISSION MEETING REGARDING THE RELOCATION OF TREES FROM THE ORANGE BOWL TO DISTRICT 3. DISCUSSED Vice Chair Carollo: The second thing is, I -- one of the things that I want to mention is that I know we passed a resolution -- actually, it was January 14 -- with regards to relocating trees from the Orange Bowl. I have had some issues with it. I know that three times during that resolution you asked me to have faith, and I've had faith and so forth, but I have inquire [sic] some issues. There may be change orders and so forth, which that was addressed, you know, during that discussion. So I just want to bring it up because I think we need to, you know, move forward with some of this due to timing and cost and so forth. And I ask my colleagues, you know, once again to, you know, bare with me and, you know, help and support me. So I'll leave it at that, and we'll have the discussion item, you know, next meeting. Fair enough? Chair Sarnoff Fair enough. Priscilla A. Thompson (City Clerk): Excuse me, Chair. When you say -- Vice Chair Carollo, when you say the next meeting, are we talking about March or April? Vice Chair Carollo: No, March. Ms. Thompson: Thank you. City of Miami Page 191 Printed on 3/22/2011 City Commission Meeting Minutes March 11, 2010 Vice Chair Carollo: Definitely March. Ms. Thompson: March 25. Thank you. Vice Chair Carollo: Thank you, ma'am. And thank you, Mr. Chairman. Chair Sarnoff All right. I think we are -- we could adjourn the regular meeting. Is there a motion to adjourn? Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sarnoff Second by Commissioner Carollo, with a motion by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. A motion was made by Commissioner Suarez, seconded by Commissioner Carollo, and was passed unanimously, to adjourn today's meeting. City of Miami Page 192 Printed on 3/22/2011