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HomeMy WebLinkAboutCC 2010-05-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, May 27, 2010 9:00 AM PLANNING & ZONING 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 May 27, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PA - PERSONAL APPEARANCES PH - PUBLIC HEARINGS EM - EMERGENCY ORDINANCE SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS EX - EXECUTIVE SESSION PART B PZ - PLANNING AND ZONING ITEM(S) 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...]" refers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 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 27th day of May 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular session. The meeting was called to order by Chair Sarnoff at 9:32 a.m., recessed at 12: 08 p.m., reconvened at 2: 22 p.m., recessed for an Executive Session at 2: 24 p.m., reconvened from the Executive Session at 3: 50 p.m., recessed at 5: 43 p.m., reconvened at 6:12 p.m., and adjourned at 7:36p.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Pamela L. Latimore, Assistant City Clerk Chair Sarnoff I want to welcome everybody to the May 27, 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are the Vice Chair, Frank Carollo, Commissioner Francis Suarez, Commissioner Wedo Gort, Commissioner Reverend Richard P. Dunn, and myself Marc David Sarnoff, the Chairman. Also on the dais are Carlos A. Migoya, fresh back from Italy, the City Manager; Julie O. Bru -- I just want to know where the pasta was -- the City Attorney, and Pamela Latimore, the Assistant City Clerk. The meeting will be opened with a prayer by Commissioner Dunn, the pledge of allegiance led by Commissioner Suarez. Invocation and pledge delivered PRESENTATIONS AND PROCLAMATIONS PR.1 10-00651 PRESENTATION Honoree National Travel and Tourism Week Javier Ortiz Jose Cerdan Hicham Chibi Shaunte Lisanne Butler Teen Curfew Team Members Major Craig McQueen, Commander Keith Cunningham Officer Keandra Simmons Special Presentations City of Miami Department of Fire-Rescue- 2010 ALS Peer Recognition Awards 10-00651 Protocol.pdf PRESENTED Presenter Mayor Regalado Mayor Regalado Mayor Regalado Mayor Regalado/ Commissioner Dunn Commissioner Dunn Commissioner Dunn Protocol Item Proclamation Certificate of Merit Certificate Appreciation Salute Certificate of Merit Certificates of Appreciation City ofMiami Page 3 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 1. Mayor Regalado presented a proclamation to the Greater Miami Convention & Visitors Bureau in recognition of National Travel and Tourism Week and thanked Bill Talbert, President and CEO of the Greater Miami Convention and Visitors Bureau, for his leadership and efforts in this industry. 2. Mayor Regalado presented a Certificate of Appreciation to Jose Cerdan for his 31 years of service as a City ofMiami employee and commended him for his dedication and dependable work performance in support of Municipal initiatives in both Community Development and Parks and Recreation. 3. Mayor Regalado presented a Certificate of Merit to Officer Javier Ortiz honoring his expertise, alertness, powerful spirit of courage, determination and skill in the execution of his duties as Police Officer. 4. Commissioner Dunn saluted Hicham Chibi honoring his exemplary commitment to development, safety and crime reduction in the Allapattah neighborhood and applauded his leadership in revitalizing a dilapidated eyesore used for criminal purposes into a safe, attractive and productive 24-hour Convenience Store that will serve as an economic stimulus in the Allapattah area. 5. Commissioner Dunn presented Certificates of Appreciation to Major Craig McQueen, Major Keith Cunningham, Officer Keandra Simmons, and Officer Kimberly Pile for unselfishly giving up their time and talent as Public Service Officers to begin enforcement of the Teen Curfew, an important measure designed to maintain harmony and confront challenges of growing up in the new urban community. 6. City ofMiami Fire Chief Maurice Kemp and Kathy Schrank presented the 2010 ALS Peer Recognition Awards to City ofMiami Department of Fire -Rescue personnel. Chair Sarnoff We'll now make the presentations and proclamations. The City Commission will now recognize our Mayor, Tomas Regalado. Presentations made. MAYORAL VETOES NO MAYORAL VETOES Pamela L. Latimore (Assistant City Clerk): Excuse me, Chair. Chair Sarnoff Yes. Ms. Latimore: Can we take care of the minutes and the mayoral --? Chair Sarnoff Oh, you're right. Were there any mayoral vetoes? Ms. Latimore: None. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff And do we need to do anything with minutes? Pamela L. Latimore (Assistant City Clerk): You need to approve the minutes for the meeting -- City ofMiami Page 4 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 P&Z (Planning & Zoning) meeting of April 22. Chair Sarnoff All right. Is there a motion for the PZ agenda [sic] on April 22? Commissioner Suarez: So move. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Madam Clerk, have we taken care of the business? Ms. Latimore: Thank you, sir. Chair Sarnoff Okay. ORDER OF THE DAY Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Manager, Madam City Clerk, members of the public. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyist is available in the City Clerk's office. The material for each item on the agenda is available during business hours at the City Clerk's office and online at www.miamigov.com. The City ofMiami requires that anyone requesting action by the City Commission must disclose before the hearing anything provided to anyone for agreement to support or withhold objection to the requested action. Please review the Code section regarding this provision for more information. Anyone wishing to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of this item. No cell phones, beepers, or other noise -making devices are permitted in the chambers. Please silence those now. Any person making offensive remarks, who becomes unruly in the Commission chambers will be barred from further attending Commission meetings. And persons may address the City Commission on any items where the public hearing is required and on items where public input is solicited. Any person with a disability requiring auxiliary aids and services for this meeting may notify the City Clerk. Mr. Chair, you can now proceed to announce any order of business. Chair Sarnoff Does the Administration wish to make any changes in the agenda? Carlos A. Migoya (City Manager): We have continuation of RE.3. Chair Sarnoff RE.3. What else? Mr. Migoya: That's all have. Chair Sarnoff I understand there's some withdrawals. Was there a withdrawal on PZ.5? Mr. Migoya: We had some on the PZ (Planning & Zoning). Okay. Can we ask -- he wanted to withdraw PZ. 5. Chair Sarnoff You're recognized for the record. City ofMiami Page 5 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Luis Garcia: Good morning, Commissioners. And I'm here on behalf of the School Board of Miami -Dade County. I'm Luis Garcia. And we're withdrawing the hearing request on that appeal, on PZ.5. Chair Sarnoff PZ.5, correct? Mr. Garcia: Correct. Chair Sarnoff All right. Is there anything else you wish to continue, modify, amend? Mr. Migoya: Yes. There's two more. PZ.6 and 7, we would like to continue. Chair Sarnoff Anything else? Mr. Migoya: That's it. Chair Sarnoff Is there anything any Commissioner wishes to modnj, or amend? All right, can we get a motion on RE.3, PZ -- well, I guess PZ -- PZ.5 does not require a motion, does it? Ms. Bru: A motion to withdraw. Chair Sarnoff It is a motion to withdraw? Ms. Bru: Yes. Chair Sarnoff Okay. So let's take PZ.5 in and of itself. Is there a motion on PZ.5? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." Chair Sarnoff You have unanimous vote. We have RE.3, PZ. 6, PZ.7 is there a motion Commissioner Suarez: So move. Vice Chair Carollo: Second. The Commission (Collectively): Aye. Chair Sarnoff You have a unanimous vote. We have RE.3, PZ. 6, PZ.7. Is there a motion? Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sarnoff All right, we have a motion on RE.3, PZ. 6, PZ.7 by Commissioner Suarez, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right, we have a unanimous vote. City ofMiami Page 6 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 "[Later...]" Chair Sarnoff All right, we are -- just so you all know, we have an executive session at 12 o'clock noon, followed by a shade session at 2 o'clock. Let me see where I am. And lunch will be served in Commissioner Carollo's lunchroom. No, I'm kidding. I told them to have lunch for us upstairs. I don't know what they're serving, though. I see CIP (Civilian Investigative Panel) is here. What number are you? Unidentified Speaker: (UNINTELLIGIBLE) RE.5. Mr. Migoya: RE.5? Chair Sarnoff We're going to bring you up -- just to give you guys a -- I don't think this -- I don't think we'll be sitting up here till 3 o'clock, to give you an indication of time. Mr. Migoya: Thank you. Chair Sarnoff Andl didn't know how that would go, but anybody who's going to be here, 3 o'clock is about the time -- we're about three minutes away -- I'd love to take one or two more items. I'm sorry; what would you like to hear, Mr. Cruz? Mariano Cruz: (UNINTELLIGIBLE) emergency ordinance. Chair Sarnoff Yeah. We did that. Where were you? Were you not part of this forum? Okay. City ofMiami Page 7 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 CA.1 10-00573 Office of Grants Administration CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "PRESERVE AMERICA VIZCAYA MUSEUM AND GARDENS" AND APPROPRIATING FUNDS, CONSISTING OF A GRANT FROM THE NATIONAL PARK SERVICE, IN AN AMOUNT NOT TO EXCEED $50,000, FOR A TWO (2) YEAR PERIOD; AUTHORIZING THE ACCEPTANCE OF THE REQUIRED MATCH IN THE AMOUNT OF $52,133, AS STATED HEREIN, TO BE PROVIDED BY VIZCAYA MUSEUM AND GARDENS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00573 Legislation. pdf 10-00573 Exhibit.pdf 10-00573 Summary Form.pdf 10-00573 Letter. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0210 CA.2 RESOLUTION 10-00571 Department of NET Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 SUPPORTIVE SERVICES GRANT" (SUPERNOFA), AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $251,071, CONSISTING OF A GRANT FROM THE UNITED STATES HOUSING AND URBAN DEVELOPMENT DEPARTMENT, ADMINISTERED BY THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE-MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00571 Legislation. pdf 10-00571 Exhibit.pdf 10-00571 Summary Form.pdf 10-00571 Letter. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 8 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 CA.3 10-00572 Department of NET Administration R-10-0211 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010 MIAMI-METRO HOMELESS ASSISTANCE PROGRAM -SOUTH" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $138,789, CONSISTING OF A GRANT FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, MANAGED LOCALLY BY THE MIAMI-DADE COUNTY HOMELESS TRUST, FOR A TWELVE-MONTH PERIOD, TO PROVIDE OUTREACH, INFORMATION, REFERRAL, ASSESSMENT AND PLACEMENT SERVICES TO HOMELESS INDIVIDUALS IN MIAMI-DADE COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT AWARD. 10-00572 Legislation. pdf 10-00572 Exhibit.pdf 10-00572 Summary Form.pdf 10-00572 Letter. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0212 Adopted the Consent Agenda Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff All right, gentlemen, let's go back to the agenda. We'll do the consent agendas [sic]. Is -- anybody wish to pull anything -from the consent agenda? There are three items. All right, so is there a motion on the consent agenda? Commissioner Suarez: So move. Chair Sarnoff A motion by Commissioner Suarez, second by -- Vice Chair Carollo: Second. Chair Sarnoff -- the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. City ofMiami Page 9 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PA.1 10-00574 PH.1 09-01230 Department of Public Facilities PERSONAL APPEARANCE PRESENTATION MR. WILLIAM TALBERT, PRESIDENT & CEO OF THE GREATER MIAMI CONVENTION & VISITORS BUREAU TO ADDRESS THE CITY COMMISSION REGARDING AN UPDATE ON THE STATE OF THE INDUSTRY CONCERNING TOURISM AND HOSPITALITY. 10-00574 Email.pdf PRESENTED PUBLIC HEARING RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING, AND CONFIRMING THE CITY MANAGER'S FINDING OF AN EMERGENCY, PURSUANT TO SECTIONS 18-89 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; WAIVING COMPETITIVE SEALED BIDDING PROCEDURES BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, FOR THE CONTINUED RENTAL OF A ONE HUNDRED (100) TON AIR COOLED CHILLER FOR THE MANUEL ARTIME COMMUNITY CENTER AS AN EMERGENCY PROCUREMENT UNTIL PERMANENT REPAIRS ARE COMPLETED IN FULL, FOR A TWO (2) MONTH PERIOD, IN A MONTHLY AMOUNT OF $4,500, AND A TOTAL CONTRACT AMOUNT NOT TO EXCEED $9,000, TO AGGREKO, LLC., UNDER THE SAME PRICE, TERMS AND CONDITIONS SET FORTH WITHIN INVITATION FOR QUOTATION NO. 194156; ALLOCATING FUNDS FROM MANUEL ARTIME CAPITAL IMPROVEMENT PROJECT B# 30501-A. 09-01230 Legislation.pdf 09-01230 Summary Form.pdf 09-01230 Waiver Memo.pdf 09-01230 Notice Memo.pdf 09-01230 Notice of PH.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0213 Chair Sarnoff PH.1 Daniel Newhoff (Assistant Director): Good morning, members of the Commission. Chair Sarnoff You're recognized for the record. Mr. Newhoff. Daniel Newhoff, Department of Public Facilities. PH.1 is a resolution of the Miami City Commission, by a four fifths vote, for the continued rental of a 100 ton air cooled chiller at the Manual Artime Community Center for an approximate period of four months, at a City ofMiami Page 10 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 cost of $4, 500 per month. The portable chiller currently there at the center went through a procurement process, an IFQ (Invitation for Bids) issued by the Purchasing Department. Aggreko was the lowest competitive bidder. And we're asking that we continue renting this chiller for the community center until such time that permanent repairs can be made to the chiller that broke. Chair Sarnoff All right. It's a public -- well, let me -- yeah, let me open a public hearing first. This is a public hearing. Anybody from the public wishing to be heard on PH.1 ? It's a ratification of an air cooled chiller, temporary issue, 4,500 a month. Anybody from the public wishing to be heard? Hearing none, seeing none, the public hearing is closed, coming back to this Commission. Is there a motion? Commissioner Gort: I'll move it for discussion. Chair Sarnoff Motion by Commissioner Gort. Vice Chair Carollo: I'll second for discussion. Chair Sarnoff Second by Commissioner -- by the Vice Chair. Commissioner Gort, you're recognized for the record. Commissioner Gort: Now this is -- my understanding, this is about a year and a half old, this equipment? Mr. Newhoff. The chiller was purchased in April 2008. Commissioner Gort: Two thousand eight. And my understanding is the guarantee ran out after a year. Mr. Newhoff. During the 20th month of ownership, the coils within the chiller rusted, rendering the unit inoperable. The unit had a 12-month warranty. After some negotiations with Carrier, they've agreed to give the City a credit and replace the coils with light coils. The City would have to pay for shipping and installation. Commissioner Gort: And the cost for that is going to be? Mr. Newhoff. Initially, had Carrier not warranteed [sic] the product or agreed to extend the warranty for us and give us the goodwill, the City was quoted a price of $22, 000 to actually replace the coils and another 15 to install. Because we're swapping the coils, we're proposing to just pay a price to rust proof them, and it's going to go through a competitive process to make sure we're getting the cheapest quote available. Commissioner Gort: The reason I'm asking the questions 'cause a lot of times when we put out an RFP (Request for Proposals) out for equipment, I think we have to make sure that we get the warranty necessary to make sure that we don't run into this type of problem. Sometime the cheapest price is not the best price. Sometimes that come out bad. So I think it's very important that whenever we go out for a bid, we put the -- 'cause right now it's going to be an initial additional $37, 000. Maybe another bid would have been $10,000 more and then would have had all the guarantee and all that. That's the only reason why I'm asking all these questions. Thank you. Chair Sarnoff All right. Mr. Vice Chair, you're recognized Vice Chair Carollo: Thank you, Mr. Chairman. First, I'd like to say that I agree with Commissioner Gort 100 percent. And this is an area in my district. And if you didn't see me City ofMiami Page 11 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 move quickly like I usually do, it's because I agree with you 100 percent, Commissioner Gort. This is a situation -- and believe me, when the air conditioner first broke, I fielded all those calls. My office was getting all the calls. How can you operate a building where there's children, young children, elderly, and non -for -profits, and the air conditioner's broken, and so forth and so on. So you know, it's a tough situation. It's a difficult situation 'cause I don't want to keep pouring money into something that, you know, is costing us. I went as far as asking, you know, how much revenues are we receiving from that building versus our expenses, and the number was not good. So even though I, you know, have a good heart and a sensitive heart, I'm also a businessman, and l just don't see us, you know, continuing to work like this. Andl understand. The argument is going to be these are non -for -profits [sic] organizations that help the community and they can't afford, you know, additional rent and so forth. So again, I have a sensitive heart, but at the same time, you know what? I want some of these non -for -profits [sic] organizations, some of these big organizations to step up and help out the City ofMiami when we face the financial crisis that we're going to face. You know, I'm going to support this item because it's a tough situation. If we don't support it, what are we going to do then? Not have air conditioners, and once again, have all those childrens [sic] and so forth and offices that are there, you know, without air conditioner? So I'll be in support, but you know, I want to work with the Administration to see how we could obtain either more revenues or reduce expenses, see who our tenants are, how much are they paying, because in all fairness -- I mean, I have a sensitive heart once again, but you know, the City just can't continue operating like this. I mean, the losses for this years [sic] are, you know, extremely high. So with that said, I'll be in support of this. Chair Sarnoff You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I agree with what both the Commissioners have said. You know, I think we're kind of in a tough situation because the facility needs an air conditioning system that functions for the facility to operate. What bothers me about the situation is that it appears to me that even -- notwithstanding the fact that we got a credit, and that took us time to negotiate, if we would have paid full price, it would have cost us $37,000. And we're -- if we approve this item, we're going to be up to $66, 000 for the rental. That's almost twice the amount of money in costs that we've incurred. We could have just paid the full price and then negotiated after the fact to try to get the credit, and we would have saved the City an incredible amount of money -- Chair Sarnoff (UNINTELLIGIBLE). Commissioner Suarez: -- and that's where I have a problem with this issue. You know, there's other logical questions that you can ask, like you know, why weren't rust -proof coils ordered from the beginning? Were the coils that were installed in 2008 new coils? And is there any reason that these repairs can't be done in a shorter period of time than what you're requesting? Four months seems to me like a long time to actually fix the problem. Commissioner Gort: That's a big difference. Mr. Newhoff. Well, Commissioner, we anticipate the repairs are going to actually not take four months; that it's going to be a quicker amount of time. We have to go through the procurement process to make sure we're getting the cheapest bid. Carrier quoted us, you know, a price of $7, 800 to ship us rustproof coils. And talking with the Procurement director, we wanted to bid out the instillation and not just give Carrier the work to make sure we're getting the cheapest price. It's going to take some time. The coils come from their factory in Ohio. There's a shipping delay there. We've had to search for money. We don't have emergency monies budgeted within our department. We had to negotiate with Carrier. There was a 12-month warranty and the -- you know, the coils became rusted during the 20th month, so there was some time that went by just negotiating then. And they have done the right thing by giving us the City ofMiami Page 12 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 goodwill, but it's -- there's difficulties. Just accessing the coils requires a crane. The unit is adjacent to the building. You know, we're going to need a crane in the parking lot. It was a construction project back in April '08. The CIP (Capital Improvements Program) managed the project for us, and you know, was tasked with making sure that our department received the best possible product possible. And unfortunately, there's been some problems with this project. But just working with Carrier, I think they're going to want to do the right thing and help the City. We have children in the building, so we were placed in a situation where, you know, a week went by and we didn't have air conditioning in the building. The children went next door and stayed in the theater until we can work with the Purchasing Department to procure a temporary chiller. It wasn't an easy or pleasant task, but I mean, the building does offer services to the community. Unfortunately, there's nonprofits in there. They're going through some tough times in paying rent to the City. We tried to maximize revenues as much as possible, but it's just been difficult. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Go ahead. Commissioner Suarez: I think my issue -- I think the Vice Chair expressed his issues regarding the revenue that we're generating from the facility, and my issue is more kind of on the expense side, you know. Even if you consider the full cost of replacing the coils, which you've stated on the record is $37, 000, we're -- if we approve this item, we would be at double the cost. That's the issue that have. I mean, in other words, assuming the worst -case scenario, if you wouldn't have taken that time -- andl think the issue that we all have here as a body is we have to -- every decision that we make from here going forward has to be with reference to obviously serving the public, but also having the least possible fiscal impact. Andl think, you know, I -- it's very tough for a Commissioner to sit up here and be confronted with this situation because obviously the facility needs air conditioning, but at the same time, we don't want to ratify this decision because it doesn't seem to be a very good one. Mr. Newhoff. I understand. The 37,000 does not include the credit that Carrier is giving back to the City. That's had we had to pay for the coils and -- that's just their quote. Commissioner Suarez: Right. Mr. Newhoff. Seventy-eight hundred dollars to actually -- we were quoted to rust proof them, and Carrier quoted us $15, 000 to install, so that's only 22. Commissioner Suarez: Mr. Chairman, may I? Vice Chair Carollo: Oh, please, have colloquy. Commissioner Suarez: Yeah, yeah. That's what I'm saying, though. I'm agreeing with you that the 37 is worst case. And had we not gotten a credit from -- Mr. Newhoff. Correct. Commissioner Suarez: And, you know -- andl -- obviously, like -- I think it's great that we got the credit, andl know you guys worked hard to get the credit, but you know, at the end of the day, we're spending -- if you consider the credit, which I didn't want to do that because then I thought that would be unfair to you guys. But if you consider the credit, then we're spending three times the amount of money on the rental than we are on the replacement part. You understand what I'm saying? I wanted to give you kind of the bigger number -- Mr. Newhoff. I understand. City ofMiami Page 13 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Suarez: -- you know. And what I'm saying is in the future, you know, every dollar has to be scrutinized, every expenditure -- dollar expenditure. And we have to make, you know, decisions that are in the best fiscal interest of the City as well as our -- you know, the public. That's all, Mr. Chairman. Chair Sarnoff Commissioner Dunn, anything? Let me tell you how I see this Administration. I turn around andl buy Pontiac. I'll pick a car that's no longer produced. The car has a 12 year -- a 12-month warranty. On the 16th month, the head gasket goes. I go to Pontiac andl ask them, would you fix the head gasket. They say they'll make a decision. In the interim, I turn and I rent a car for $400 a month. And you ask us to do so for the next year, rent that car for 400 a month while Pontiac is making a decision as to whether they're going to replace the head gasket. I don't think the private sector work that way. I think the private sector would make an analysis, which is I'm not getting a response. A coil cost $7, 800. The installation cost $15, 000. I'm going to bite the bullet, andl'm going spend the $27, 800 it cost to replace this, andl'm going to move on, andl'm going to find a better air conditioner system than a Carrier, which broke in the 20 months. I think this is nothing more than an error in judgment. And I think it's nothing more than good enough for City work. It was good enough to get it done. And you what? We called a Carrier. They didn't get back to us right away. They were in the process of making a decision. That took a couple of weeks, maybe a couple of months. And then it lays right at our doorstep. And we're going to be scrutinized up here by every union, by every unclassified person come this next budget for every time we voted on any issue that had an expenditure that could have been reduced. And you bring this to us as if it's a good deal. Andl think, in one respect, the Vice Chair has brought to you that maybe even the whole air conditioner system and how we implement it is not a good deal. And then you have Commissioner Suarez who's right on the mark by saying how is it you didn't see that you were going to be renting a car the whole time and you never knew when that rental period was coming to an end. Private sector would react to that. Public sector: it's other people's money. So I don't know that I can support this, Mr. Manager, but don't know that have a choice 'causel don't know what can be done. You want to help me with this? You want to give me a good banker's advice? Carlos A. Migoya (City Manager): I'm -- you know, for an attorney, you've actually done a pretty good job of explaining this, and frankly, I can't disagree with this. The fact is you have a faulty chiller that needs to be replaced. They chose to take a Band-Aid approach, in my opinion, in the past. And frankly, I don't think we have a choice. I think we do have to replace this chiller. We're going to have air conditioning. We have kids and we got a summer coming up, andl don't know what else we can be doing at this point but replace the chillers, so -- and it's an expensive item, but at the end of the day, you know, can the City find 20-something, $30, 000 to fix this? Yes, I think we can. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record. Vice Chair Carollo: I already expressed my thoughts on this. This is one of those that you have to hold your nose and vote for it 'cause -- I mean, the truth of the matter is what are we going to do then? Stop, you know, providing air conditioners [sic] to the children [sic] and so forth? So -- andl agree with you, we have been placed in this position where, I mean, the only reasonable thing to do is actual approve it, even though we all believe that it was done the wrong way. And if we approve it, you know, it will be holding our noses. But I think we have to do it, andl think we should, you know, move forward and approve this. Commissioner Suarez: Mr. Chairman, ifI may? City ofMiami Page 14 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 EM.1 10-00658 Honorable Mayor Tomas Regalado Chair Sarnoff You're recognized for the record, Mr. Suarez. Commissioner Suarez: I agree with the Vice Chairman. I'm going to vote in favor of the item holding my nose, but I'm wondering if there may be a modification. If maybe we can approve it for two months instead of the full four months and see if we can put a little bit of pressure on them to get it done within a two -month period to save us $9, 000? And we can look at it in two months and see if it hasn't been done, why hasn't it been done. And that would be my proffer of a modification to the -- Chair Sarnoff Mr. Manager, can this get done in two months? Mr. Migoya: I have -- Mr. Newhoff. I believe it can, Commissioners. Chair Sarnoff Well, you know what? That's a challenge then. Mr. Newhoff. Well work with the Procurement Department to expedite the procurement for the chiller. Chair Sarnoff Mr. Marcos, can you expedite this? Glenn Marcos (Director, Purchasing): We're already working on it, so definitely, our commitment to you is is that we will try to go ahead and make it in two months. Chair Sarnoff Okay. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: I want to modify my second if the maker of the motion modifies his motion. Chair Sarnoff Maker accept? Commissioner Gort: Yes, I do. Chair Sarnoff Maker accept; second modified -- as modified to, I believe, two months, which will be 60 days. Commissioner Gort: Right. Chair Sarnoff All right, let's call the question. Any further discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. ORDINANCE - EMERGENCY ORDINANCE Emergency Ordinance (4/5THS VOTE) AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING A ONE -HUNDRED TWENTY (120) DAY TEMPORARY MORATORIUM ON THE ISSUANCE OF BUSINESS TAX RECEIPTS FOR City ofMiami Page 15 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 COIN OPERATED MACHINES; AMUSEMENT MACHINES; PROVIDING FOR DISSOLUTION UPON AMENDMENT TO CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR A REPEALER PROVISION ON THE EFFECTIVE DATE OF THE AMENDED ORDINANCE, A SEVERABILITY CLAUSE AND AN IMMEDIATE EFFECTIVE DATE. 10-00658 Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED as an emergency measure, waiving the requirement for two separate readings PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13178 Chair Sarnoff Mr. Mayor, do you --? I know you're here now. Do you wish to take up EM.1 ? Mayor Tomas Regalado: Which one? Chair Sarnoff I believe that's the one -- I apologize. Mayor Regalado: Oh, yeah, EM.1. Yes. Vice Chair Carollo: Page 11. Chair Sarnoff Thank you. Mayor Regalado: It's -- it was placed on the agenda by our office andl -- this is an emergency ordinance and it's about a temporary moratorium on the issuance of business tax received for coin -operated machines, amusement machines, and it provide for dissolution upon amendment to Chapter 12 of the Code of City ofMiami, Florida. What this does, Mr. Chairman, Vice Chairman, Commissioner Suarez, Commissioner Gort, Commissioner Dunn, is it will give the City Attorney, the City Manager time to bring to you some new language in the Code that we will be able to use in order to better regulate this kind of coins -operated machines, but we do need from you the moratorium. It's temporary. We can -- it says here 120 days, but we can even do it for 90 days. But just in case, we are requesting respectfully that you discuss and, if possible, approve this. It's an emergency ordinance. And if you do it today, then we'll be able to start working with the City Attorney on the Code issue. Chair Sarnoff All right. Is there anyone wishing to make a motion? Commissioner Suarez: So move. Chair Sarnoff There's a motion by Commissioner Suarez on an emergency basis. This will require a four fifths vote. I'm going to -- Commissioner Dunn: Second. Chair Sarnoff -- open up to a public hearing. I'm sorry; second by Commissioner Dunn. I'm going to open up to a public hearing on EM.1. Anyone from the public wishing to be heard on EM.1 ? Seeing none, hearing none, come -- closing the public hearing. Any Commissioner wish to be heard on EM.1 ? Hearing none, Madam City Attorney, it an emergency ordinance. Julie O. Bru (City Attorney): Yeah. I will read the ordinance once and then the Clerk will take two roll calls so this can become effective immediately. City ofMiami Page 16 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. Your second roll call. Roll calls were taken, the results of which are stated above. Ms. Latimore: The ordinance is adopted on first and second reading, 5-0. Chair Sarnoff All right. Mr. Mayor, I -- Mayor Regalado: Thank you. Chair Sarnoff -- think we're done with your issues. And if, at 11 o'clock, you wish to bring the CFO (Chief Financial Officer) down, we would certainly entertain a personal appearance. Mayor Regalado: Yes. ORDINANCE - SECOND READING SR.1 ORDINANCE Second Reading 10-00634 Office of the City AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Attorney 62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED", BY AMENDING THE TITLE OF ARTICLE XIII, CREATING A NEW DIVISION 6, ENTITLED, "BILLBOARDS"; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00634 Cover Memo SR.pdf 10-00634 Legislation SR.pdf 10-00634 Map SR.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right. RE.4. Do we still have RE (Resolution) -- SR.1 on the -- to do? All right. Where is S --? I don't have it in my agenda, SR.1. Does anybody --? Pamela L. Latimore (Assistant City Clerk): For clarification, on the last vote, how many no" votes and how many "yes" votes? Chair Sarnoff I have no, no -- Commissioner Gort: No. Ms. Latimore: Three nos and -- Chair Sarnoff Three nos. Ms. Latimore: Thank you. City ofMiami Page 17 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Somebody give me a hand on SR.1. What page are we on on that? Commissioner Suarez: Page 12. Chair Sarnoff Twelve? I don't know why it's reflecting -- Commissioner Gort: Where are we going? Chair Sarnoff SR.1. I'm sorry. There we are. Commissioner Gort: Where we're going? Chair Sarnoff Temporary uses. SR.1, and then we'll --from SR.1, we'll start traveling down to REs. Julie O. Bru (City Attorney): Mr. Chair, SR.1 is the billboard ordinance. This is an ordinance that modifies the regulations that we currently have in place regarding billboards or formerly known as outdoor advertising. Chair Sarnoff All right. This the one -- this is the one -- oh, I'm sorry. Warren Bittner, there you are. You're recognized for the record. Warren Bittner: Well, thank you, Mr. Chairman. Warren Bittner, deputy City Attorney. Members of the Commission, I wanted to remind you that this item is being brought to you to respond to the federal lawsuit brought in the South Florida equitable matter in federal court. It concerns billboard law. This is an area of law that is not well established. The Supreme Court of United States has provided various guideposts for us, but it has not provided sufficient guideposts for us to know exactly what to do and where to go. This law is changing very rapidly. Indeed, as late as yesterday afternoon, the Ninth Circuit Court of Appeals on the west coast decided the case of Worldwide Rush, LLC (Limited Liability Company) versus the city of Los Angeles in a very important decision that is very similar to what we're dealing with here today. And indeed, as in response to this new decision that just came out yesterday, the billboard industry andl have spoken, and we want to add further language to this ordinance. So whatl would like to do now is run through with you the same changes that we reviewed when I briefed you just, so the changes that we're making are on the record. Okay. And for the record, the changes are on page 3, Section 62-704. The word "minimum" has been -- that was used twice in that section is being deleted. The following language was suggested by the billboard industry, andl agree with it, andl will read it into the record. It follows after the word "City Manager or his designee" that appears in the fourth line of this section. And it reads designee shall otherwise negotiate the terms of any such agreements that are reasonably related to the provisions of this ordinance in which ordinance the City's purpose is as delineated in the preamble of this ordinance. On the -- in the same section, in what was paragraph C, I have deleted it. That provision provides as follows -- or that it provided as follows and it is being deleted: An amended permit shall only be effective for 25 years from the date of issuance. At which time, the billboard and supporting sign structure shall be removed. That was requested by the billboard industry. It's up to you whether you'd like to keep it in there or not. I don't have any objection to taking it out. This would give the City Manager more discretion in negotiating these agreements. The next change is in that same section under Section D, and there are items 1, 2, 3, and 4 under D. And each of these had language at the end, which I have removed, and that language is -- andl will read it. And the corresponding surrender to the City and the permanent cancellation of the permits issued by the City for the billboards and sign structure being removed." This was to make the ordinance more consistent with the overall purpose, which is to not allow new billboards, but rather to amend permits and allow them to be reconstructed. Next in what you have before you as subsection F, this was a planning issue that had to be taken care of. It concerns what is -- now that we have Miami 21, what is the zoning City ofMiami Page 18 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 district that is equivalent to C-1. We have to do this now because between first reading and second reading, Miami 21 came into place. Now according -- we have met with the Planning Department, Ana Gelabert, and with the Zoning administrator, Lourdes Slazyk, and they have concluded that the appropriate zoning designation that should be substituted here for C-1 is T6-8. On the next -- Commissioner Gort: Let me ask a question. Mr. Bittner: Yes. Commissioner Gort: Is that change in zoning only in certain areas or all through C-1 ? Mr. Bittner: C-1 no longer exists. Commissioner Gort: Right. Mr. Bittner: So it's that -- this is substituting T6 through 8. Commissioner Gort: So it's substituted to C-1. It's going to be T6-8? Mr. Bittner: Yes. Commissioner Gort: Okay. Thank you. Mr. Bittner: Per this ordinance. Commissioner Gort: Yeah. Commissioner Suarez: Mr. Chairman. Is that E? Mr. Bittner: That -- in what -- your package -- in your package, that would have been subsection F, but now it's being renumbered because I've deleted a section, if you recall, and it is -- will be E. It will be E. It was F. It's now E. Commissioner Suarez: But the E that I have says C-1. Chair Sarnoff I think he's mak -- I think he's actually making an ore tenus change. Commissioner Suarez: Oh, he's doing it right now -- Chair Sarnoff Only on this one right now. Commissioner Suarez: -- on the floor. I got it. Mr. Bittner: Right. Chair Sarnoff I think he just learned this. No. I don't think it's clear, but -- you're right, he's making that change verbally right now. Mr. Bittner: Exactly. 'Cause as of two days ago, I didn't know what the answer was. Chair Sarnoff Right. Mr. Bittner: The next change was brought to my attention by Commissioner Dunn's staff. This would be in what is -- what's before you in the agenda. It would have been subsection J. It City ofMiami Page 19 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 begins "During the existence of the pilot program authorized by 479.079C, " and we are inserting the word "thereafter" in the fifth line after the word "all billboards." So it will read all billboards thereafter relocated and reconstructed. Next in what you have before you in the agenda as subsection M, this read in your agenda package, "An amended permit shall not be issued to any sign owner who, at the time of application, owns or operates an illegal billboard or an illegal sign structure within the City." I've changed that to read "An amended permit shall not be issued to any sign owner for the relocation and reconstruction of an illegal billboard or an illegal sign structure." That change somewhat liberalizes the ordinance just a little bit to make it easier for -- Chair Sarnoff Would you read -- Mr. Bittner: -- folks to be able to look at. Chair Sarnoff -- that again and where you find that? Mr. Bittner: Yes. In the agenda package, it would have been subsection M. Commissioner Gort: M. Mr. Bittner: As changed, it will be L because we deleted a section. And it read in your agenda package, "An amended permit shall not be issued to any sign owner who, at the time of application, owns or operates an illegal billboard or an illegal sign structure within the City." It's being changed. Chair Sarnoff I'm not sure -- I'm not finding that. I mean, I'm not -- Commissioner Gort: Page 5 of 6. Chair Sarnoff Right. He said M, then he said L. Commissioner Gort: M. Chair Sarnoff And amended? Were you ad libbing or you're reading directly from that? Mr. Bittner: This is what it was and this is what it will be. Chair Sarnoff Okay. Mr. Bittner: And then, finally, the last change here is a new Section 62.706, entitled Relocation and Reconstruction Agreements - previously existing agreements. "Prior to the effective date of this ordinance, pursuant to the powers granted the City under Section 70.20, Florida Statutes (2002), the City entered into relocation and reconstruction agreements, concerning billboards located within the City, on terms agreeable to the sign owners and the City, with the following sign owners: Carter Pritchett Hodges, Inc., doing business as Carter Outdoor Advertising, Inc. (Carter); Clear Channel Outdoor, Inc. (CCO); and CBS Outdoor, Inc. (CBS). The terms of these preexisting relocation and reconstruction agreements, as they may be amended from time to time, between the City and Carter, the City and CCO, and the City and CBS, shall remain in full force and effect, the terms of which shall govern the billboard inventory enumerated in these agreements, and, furthermore, section 62.704 hereof shall not apply to those billboards." Now that was requested by the billboard industry to further give clarity to the whereas clauses that currently existed and to make sure that their existing relocation and reconstruction agreements were not impacted. And that is -- that's the sum and substance of these changes. Chair Sarnoff All right. Is there any Commissioner that wishes to make a motion? Maybe it'll help for discussion. City ofMiami Page 20 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: Move it. Vice Chair Carollo: So move. Chair Sarnoff All right, we have a motion by the Vice Chair, second by Commissioner Gort. You're recognized for the record, Commissioner Carollo. Vice Chair Carollo: Actually, I'll yield to my colleagues. It seems -- Chair Sarnoff All right. Vice Chair Carollo: -- like you want -- Mr. Chairman, it seems like you wanted a motion, so -- for discussion. Chair Sarnoff Fair enough. Commissioner Gort, you're recognized Commissioner Gort: I just second to make -- give the -- Commissioner Carollo the opportunity to speak. Vice Chair Carollo: Okay. Do you want me to withdraw my motion? Chair Sarnoff Well, before you withdraw it -- Vice Chair Carollo: Okay. Chair Sarnoff -- there's a policy issue here that is worth talking about. I know, procedurally, you're going to have issues, andl don't know that blame you. But when you take out "an amended permit shall not be issued to a sign owner who, at the time of application, owns or operates an illegal billboard or an illegal sign structure within the City," that has a policy implication. Number one, if we exclude those people, we'll never get the illegal signs, theoretically, out of the streets because there's no incentive for them to get those signs in, although we could then get the City Manager somehow to start enforcing and taking down illegal signs. If we remove it as you've done here today, what happens is you sort of incentivize them to find more illegal billboards and use them as fodder. So in a strange kind of way, you're almost creating a backdoor approach to the increasing volume of billboards in neighborhoods with the intention of bringing them not onto the public thoroughfares where they've been for -- where they're -- we're encouraging them to go to remove out of the neighborhood. Andl struggled with this all day yesterday when you met with me, and you know, my -- and -- if symmetry means anything, when we did the mural ordinance, we didn't allow an illegal, if you will, muralista (phonetic) to sit at the table. Commissioner Gort: What was that word again? Chair Sarnoff Muralista. Commissioner Gort: Muralista, okay. Chair Sarnoff You let an Anglo in, I mean, bad things happen. So now you're going to allow an illegal billboardista (phonetic) -- Commissioner Gort: To be changed for it. Chair Sarnoff Right. -- to do what the muralista couldn't do. So I just question the actual public policy behind this. I mean, I see both sides, but what -- in this city -- and it's not a City ofMiami Page 21 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 criticism of the City, but this City has a tendency to stretch the limits however and whenever it can. We don't tend to have the ability to enforce well. So I question whether by doing it this way, we're not really going to increase the number of murals. Mr. Bittner: All right. I have no -- you know, I don't create policy. Chair Sarnoff No dog in that fight? Mr. Bittner: I just draft these things. I'm happy with the way it was that I originally drafted. The way that it appears here was a suggestion from the billboard industry. Commissioner Gort: From the industry, yeah. Mr. Bittner: It's up to you folks to decide how you want it to read. Chair Sarnoff That was my big concern when you tookM out. Because on the one hand, I understand that it encourages people to come in and bring in illegal billboards. On the other hand -- and if we had a perfect enforcement city, I'd say it would work. But what'll happen, I think, is you're just going to get more and more illegal billboards, and they're going to go, hey, here's some more and here's some more and here's a couple more. I can trade these for legal one. You know, I can get into a permitted process. So I don't think could vote for this; getting a feel from my brother Commissioners here that doesn't have input back in there that an illegal, excuse me, billboardista (phonetic) cannot come in and play in the game. All right. Commissioner Carollo, we're all waiting for you. We could just feel it coming. No? All right. So let me ask the maker of the motion, which I think was Commissioner Gort -- he might have been the seconder -- but would you accept an amendment to include M of the previous reading back in the Commission [sic]? He was the maker. Would the maker -- Commissioner Gort: He was the maker, yeah. Vice Chair Carollo: I'm this close to withdrawing my motion. Chair Sarnoff Okay, fair enough. Vice Chair Carollo: I'll tell you what, I'll withdraw my motion. Chair Sarnoff All right. Then do we have somebody who will move this item? All right. Commissioner Suarez: Mr. Chairman. No. I think -- and I don't know what the timing is of the lawsuit, but think this calls for a deferral, andl'll tell you why. I mean, this -- we're making amendment from a procedural perspective, 'cause I have a procedural issue with this. We're making amendments to this ordinance on the floor, and I think this is the most offensive -- I'll say it. I guess no one else wants to say it. This is the most offensive violation of the five-day rule that I've -- that, you know -- and interestingly -- Vice Chair Carollo: Oh, now you like it, huh? Commissioner Suarez: Oh, I've all -- I voted in favor of it. Vice Chair Carollo: Now you like it. Commissioner Suarez: I voted in favor of it. So you know, I voted in favor of it. I just think that you're going to make policy -based, you know, amendments to the ordinance on the floor, you know. I don't -- I think you guys have a deferral of the motion, right, for some time? City ofMiami Page 22 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Bittner: That -- we do, absolutely. Commissioner Suarez: So there's no real rush now. Mr. Bittner: Well -- Commissioner Suarez: I'm saying from a two -- Mr. Bittner: -- it could wait. Commissioner Suarez: Deferring it for one meeting, I mean, there's no -- Mr. Bittner: There's no problem. Commissioner Suarez: I move to defer it for one meeting. Chair Sarnoff We have a motion -- Vice Chair Carollo: Second. Chair Sarnoff -- to defer by Commissioner Suarez, second by the Vice Chair. The one amendment I'd add to that deferral, could you put red -line changes -- Commissioner Gort: Yeah. Mr. Bittner: Yes. Chair Sarnoff -- so you can show in red the changes you would put? Would you also accept the fact that he incorporate M back into the actual draft? M was the -- an illegal mural. Mr. Bittner: Billboard. We're not dealing with -- Commissioner Gort: Billboard Illegal billboard. Vice Chair Carollo: Let's defer it and then we'll discuss the (UNINTELLIGIBLE). Mr. Bittner: I'll put it back in. Commissioner Gort: There's no muralistas (phonetic) here. Chair Sarnoff No, but there could be a billboardista (phonetic). So -- Mr. Bittner: I'll put it back in. Chair Sarnoff Well, I want to make sure he's okay with that. Commissioner Suarez: I don't know what M says. I don't know which M you're talking about. Was it the first M, the second M? I -- Vice Chair Carollo: Let's defer it and then we could -- we have a week or -- Chair Sarnoff Well, we got two weeks. That's not my concern, but -- all right, there's a motion and there's a second. Vice Chair Carollo: Defer. City ofMiami Page 23 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 FR.1 10-00631 Honorable Mayor Tomas Regalado Chair Sarnoff All in favor, please say "aye." The Commission (Collectively): Aye. Pamela L. Latimore (Assistant City Clerk): Defer to the -- Mr. Bittner: Thank you. Ms. Latimore: -- June 10 meeting? Chair Sarnoff Yes. Commissioner Gort: Yes. ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE XI, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/BOARDS,COMMITTEES, COMMISSIONS", MORE PARTICULARLY BY CREATING A NEW DIVISION 9 ENTITLED "ADVISORY COMMITTEE ON ELEVATE MIAMI;" CONTAINING SECTIONS ESTABLISHING THE COMMITTEE; SETTING FORTH THE TERMS OF THE COMPOSITION OF THE COMMITTEE, QUORUM, AND DUTIES; ASSIGNING STAFF AND LIAISON; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-00631 Legislation SR.pdf 10-00631 Cover Memo 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 Mayor Tomas Regalado: Is it possible, Mr. Chairman, if you can -- or if not, I'll come back later -- to do FR.1 and the companion item -- Chair Sarnoff Yes, sir. We'll take up -- Mayor Regalado: -- which is --? Chair Sarnoff -- FR.1 right now. And what's the companion? Mayor Regalado: The companion item is RE.1. It's about Elevate Miami. Chair Sarnoff Tell you what, Mr. Mayor, you are recognized for the record on FR.1. Mayor Regalado: Well, thank you very much. I bring this ordinance to you to amend the -- or create a Miami Advisory Committee on Elevate Miami. This is bringing Elevate Miami to the City ofMiami. On your agenda, RE.1, you'll see that we have a resolution authorizing the City Manager to terminate an agreement with the Dade Community Foundation, a Florida non -for -profit corporation, requiring the Dade Community Foundation to return any monies and City ofMiami Page 24 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 assets provided to the foundation by and for the City of Miami; and authorizing the City Manager to trademark Elevate Miami in order for the City ofMiami to further promote Elevate Miami. This -- it should have been this one first, but be as it may, FR.1, it creates a board that you, the Commission, and the Mayor will be appointing. And what we're trying to do is to have control. Since this is in City parks and we have seen in the past that it lacks a little supervision, so we're taking more interest in Elevate Miami. This is to -- so the people -- this is a project that is to teach and train children in parks of the City of Miami. Chair Sarnoff All right. Tell you what, let's see if we can get a motion. Is there a Commissioner who'd like to make a motion on FR.1? Commissioner Dunn: So moved. Chair Sarnoff Moved by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Dunn, second by -- Commissioner Gort: Second. Chair Sarnoff -- Commissioner Gort. Vice Chair Carollo: Second for discussion. Chair Sarnoff All right, we have discussion. Let's open it up to a public hearing first. Anyone from the public wishing to be heard on FR.1, Miami Advisory Committee on Elevate Miami? Anybody wishing to be heard on FR.1, please step up. Hearing none, seeing none -- you sure you don't want to speak 'cause I don't want a letter in the Herald? All right, hearing none, seeing none, coming back to the Commission. You are recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I want to see ifI can make an amendment to the motion, if the maker and -- will accept and the seconder. I want to see if, instead of four members coming from the Mayor, if one of those four can be an at -large member from the Commission? So in other words, each member of the Commission will have one appointee, subject to ratification by the whole Commission, the Mayor will have three appointees, and then we have one at -large appointee. Mayor Regalado: Absolutely. Chair Sarnoff Maker accept? Commissioner Dunn: Absolutely Chair Sarnoff Seconder accept? Okay. So we have -- the motion is modified as stated. Vice Chair Carollo: And the only thing that I just want to, I guess, discuss more than anything is when I first heard about Elevate Miami -- andl remember clearly 'cause it was my very first meeting here in the Commission and my very first regular meeting in the Commission, andl remember that we were accepting a grant, andl don't want to state the amount, but it was a rather large amount, and it was going to go to 19 parks. And out of those 19 parks, only one was in my district. And one thing, you know, I pledged to myself is that I was going to work to find more locations in order to, you know, have computers and so forth, and I'm working on that, as you very well know, Mr. Mayor. But with that said, I recently visited the one park in my City ofMiami Page 25 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 district that had these computers and the Elevate Miami program, and without bashing anyone or so forth, I was really disappointed. There didn't seem to be any supervision over the computers. It seems like any child could go and just log in and start seeing anything. And even big computer room full of computers, but it was actually empty, where I see mouses on the floor. And really thought that it needs to be better monitored where there's people there and so forth. And with that said, I also visited Hadley Park. And I have to say, I commend you, Commissioner Dunn. Hadley Park, I mean, I was very surprised how well organized it was, how they had adult supervision, and how well the program was working. So the only thing want to state, Mr. Mayor -- you know, I'm in support of this. I just want to make sure that some of funds and the monies also go to, you know, having someone there present being able to, you know, train, help out, and more than anything, supervise. Mayor Regalado: Mr. Vice Chair, it's precisely this, what we're doing, because the money has been sitting there and we don't have the manpower to do that. And you're right, there are some places that part of the time, there's no supervision. There are -- some computers have been damaged and -- you know, it's a very well -thought [sic] program, but it needs to be supervised. And yes, you're right. And we discussed the possibility of having a computer room in a locale on 27th Avenue once it's finished and in other areas, so it's -- this is basically the City taking control of this project that is a good project. And you know, Hadley, we were there yesterday, and we toured the place two weeks ago, and it's working very well because the park people is taking care. However, now we have the school being out, and we have the summer program, and so we have to figure out what to do there. But that's basically the idea of having Elevate Miami under the control of the governing body of the City of Miami. Chair Sarnoff All right, so we have a motion, as amended. We have a second, as amended. Any further discussion, gentlemen? Hearing no discussion, first reading. It is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passed, as amended, on first reading, 5-0. Chair Sarnoff All right. FR.2 ORDINANCE 10-00659 First Reading Districts - AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), AMENDING CHAPTER 62 OF THE CODE OF THE CITY Richard Dunn II OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING", BY AMENDING ARTICLE XIII, ENTITLED, "ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED", MORE PARTICULARLY BY AMENDING SECTIONS 62-602 AND 62-606, WITH RESPECT TO THE MURAL REGULATIONS BY AMENDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA TO INCLUDE PART OF THE DESIGN DISTRICT AS AN ADDITIONAL AREA FOR THE PLACEMENT OF MURALS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00659 Exhibit FR/SR.pdf 10-00659 Legislation SR.pdf City ofMiami Page 26 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right, I --let's -- I understand that we had a time certain on D1.2 [sic], page 17, which is the Miami River ordinance. All right, let me -- Maria," Chiaro (Deputy City Attorney): Mr. Chair -- Chair Sarnoff -- apologize. Let me take FR.2. I'm told ifI don't take that in the next ten minutes, there'll be an earthquake in India. FR.2. Commissioner Dunn, you're recognized. Commissioner Dunn: Yeah. Mr. Chairman, thank you for your generosity in allowing us to get this. I want to -- I would like to move this item for discussion, butl ask that it be brief as -- but each of you should have a map. Well, let me just make a motion and then we'll have a discussion. Chairman Sarnoff All right, so we have a motion by Commissioner Dunn -- Vice Chair Carollo: Second. Chairman Sarnoff -- on FR.2. Second. Let me bring it -- open it up to the public. FR.2 is a redis -- let me say it right. Amending the geographic area to include the Design District as an additional area for the placement of murals. Is there anyone from the public wishing to be heard on FR.2? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. You wish to be heard, Commissioner Dunn? Commissioner Dunn: Yes, yes. Thank you, again, Mr. Chairman. Each of us have a map. Each of you have one so that you can see the area that I'm referring to in the Design District. This is not an extension of the mural boundary. I want to be clear on that. This is simply a removal of one of our exemptions within the boundary we have already been given by the County. I'm simply doing this to create another source of revenue, given the City's financial circumstances. Since September 1, 2009, the City has already generated about $1.7 million by allowing murals in a previously exempted area. The City would be doing -- or would be adding to its inventory of potential mural sites, one which is substantial. So it's not -- just want to create -- this is not an extension of mural boundary. This is simply a removal of one of our exemptions within the boundary we have already been given by the County. Chairman Sarnoff All right. Anybody wishing to be heard from the Commission on FR.2? Hearing none, seeing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. FR.3 ORDINANCE First Reading 10-00661 District3- AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER Commissioner 2, ARTICLE II, SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, Frank Carollo FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION/ORDER OF BUSINESS AND RULES OF PROCEDURE", TO PROVIDE FOR SUSPENSION OF THE DISTRIBUTION OF AGENDA ITEMS City ofMiami Page 27 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 RULE ONLY BY UNANIMOUS VOTE OF THE CITY COMMISSION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00661 Legislation SR.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff Chair Sarnoff All right. Gentlemen, let's take FR.3. I know Commissioner -- sorry; the Vice Chair want to make sure that gets in. FR.3, it's -- we'll give the floor, I guess, to Commissioner Carollo. Vice Chair Carollo: Thank you, Mr. Chairman. FR.3 is an ordinance of the City ofMiami Commission amending Chapter 2, Article II, Section 233 of the Code of the City ofMiami, Florida. This is an ordinance that I feel is well overdue. And in essence, what it does is stipulate that we and -- we, the Commission, and the Mayor need to receive the agenda and backup materials by a certain date and time in order to assure that we have adequate time to read, study, analyze before we take the item up for a vote. Many times I had said that action speak [sic] louder than words, andl strongly believe that this is a time that we set a new normal, where we have all materials before us with ample time to review. I know we are not writing a brief. However, our vote is pretty important, andl think we need adequate time before we take that vote. Regardless, if we vote it up or down, the issue is we need the time to study it and analyze it. At the same time, it doesn't mean that we are not being flexible. The rule is automatically waived unless someone does not receive their material on time and invokes the rule. Then it will be deferred, subject to a unanimous override of the Commission. I know all of you, at one time or another, have shown an interest in having your materials on time or deferring for lack of information. At the same time, you all know me pretty well by now and know me enough to know that I could start naming example after example after example of why this is needed. So with that said, I strongly request that all of you support me in this ordinance. Thank you. Chair Sarnoff All right. Let's open it up to the public hearing. Does anybody wish to be heard on FR.3? FR.3 is an ordinance regarding the five-day rule and the waiver of suspicion of the five-day rule. Open up to the public. Mariano Cruz: I support it. Commissioner Gort: You support it? Good. Chair Sarnoff Thank you for sitting there and telling us that. All right, anyone else from the public, other than Mr. Cruz, wish to speak? Hearing none, seeing none, coming back to the Commission. I can support this, Mr. Vice Chair, if you would allow a four fifths vote. I don't know that you need a supermajority in the order of business for the City ofMiami that there could be emergencies, unforeseen things, and if one Commissioner stood his ground while four other Commissioners thought it was a necessary issue to pass, I'm not sure a supermajority -- I'm trying to think under what circumstance we do a supermajority. Vice Chair Carollo: Chairman Sarnoff, we actually have already done this, indirectly. When there was only three Commissioners up here, I think there was an unwritten rule and it's not -- obviously, we didn't violate the Sunshine. It's not like we spoke about it or anything. But there was an unwritten rule that when Commissioner Suarez didn't have enough time to read something and he would ask for a deferral, I was on board. When I needed more time on an issue, it seems like Commissioner Suarez would support me right away. And in essence, you know, we had teamwork, andl think it's needed. You're saying as far as -- City ofMiami Page 28 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: Four fifths is supermajority. Vice Chair Carollo: -- a supermajority. Well, guess what? When there was only three of us, indirectly we had it, because if any one of us would step out [sic] of the dais, we would not have quorum and that's it. It would die. Andl actually was able to use that when there was an item that was deferred, or at least was told to me that it was deferred, and then in the last minute, the Manager tried to bring in the item, gave us the notes, and said we were hearing it. Andl said, no. A deferral is a deferral. If you let me know that we're going to defer an item or continue an item, you're not then, at the last minute, going to bring it up when I didn't have enough time to study the item and so forth. So realistically, I understand your concern, but we have actually acted on it and it worked very well. So all I'm asking is -- it's not something out of the norm. The County has something similar to it where there's 13 Commissioners. And all I'm asking is if one of us do not receive the materials on time -- andl could go example after example, you know -- where we don't feel we have sufficient time to study an item, then you know what? We should be able to say, listen, I invoke the rule and have, you know, a team. 'Cause realistically, we are a team up here, and if we don't show teamwork, if we don't show that we are one body -- come on, the Administration, you know -- I don't want to say takes us for granted or starts pushing their agenda, but it has happened in the past. Andl truly feel that it should be a supermajority. As a matter of fact, I think that I would like to instead of saying that Friday at 9:30 a.m., substitute that for saying five full business days before a Commission meeting. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized. Commissioner Dunn: Andl believe that's the direction of -- Mr. Vice Chair, I certainly agree with you and -- in the direction that you're heading with this legislation. Andl wanted to -- because certainly, we do need sufficient time to be able to study the documents and the contents. I wanted to know ifyou would be open to the idea of us receiving instead of the 9:30 -- andl -- like if one of us receives it after 9:30 on that Friday, could it -- would you be open to the idea that we just go with receiving it that Thurs -- by that Thursday so we would have the full five days? Vice Chair Carollo: Why don't then -- I would amend it. Andl don't think there's a motion on the floor yet, but why don't I amend it and instead of -- Commissioner Dunn: The five days -- Vice Chair Carollo: Yeah. Commissioner Dunn: -- it get a full -- it'll be six -- it'll actually be -- Vice Chair Carollo: Instead of saying no later than 9:30 a.m. on the Friday, we substitute that for five full business days. Commissioner Dunn: Which would be that Thursday -- Vice Chair Carollo: Exactly. Commissioner Dunn: -- they would have to receive it. Commissioner Gort: Five-day rule. Commissioner Dunn: Absolutely. City ofMiami Page 29 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Vice Chair Carollo: So it would read a copy of each agenda item, including each resolution and ordinance and all attachments and backup materials, shall be furnished to the Mayor and members of the City Commission five full business days before each regular City Commission meeting, with exceptions to -- of veto items Chair Sarnoff All right. So let's get a motion on that. Vice Chair Carollo: And that's my motion. Chair Sarnoff All right. Chair Sarnoff There's a motion. Is there a second? Commissioner Gort: I'll second. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Second by Commissioner Gort. You're recognized for the record, Commissioner Suarez. Commissioner Suarez: I kind of like the Friday 9 -- just from a drafting -- this is just from a legal drafting perspective. I kind of like the kind of certainty of the Friday 9: 30 time frame. I don't know if we can say Thursday at some time, you know, instead. Commissioner Dunn: End of the day. Commissioner Suarez: Because when you say five business days before, then it creates a little bit of ambiguity as to when on the, you know -- so I don't know if maybe -- that's what I'm -- Vice Chair Carollo: HI may? Commissioner Suarez: I think you were heading in that direction. Commissioner Dunn: Right, right, right. Commissioner Suarez: I kind of like that too because there's certainty for everyone, the Administration and the Commissioners. Commissioner Dunn: Right. If -- Chair Sarnoff Let the Vice Chair be recognized. Vice Chair Carollo: Thank you, Mr. Chairman. That -- when I first spoke with the Madam City Attorney about this, that was my concern, to get a time certain. However, if we do the five full business days, it would -- we would need the material by, let's say, Wednesday midnight in order for us to have it Thursday morning, so we have five full business days and that's how I calculated it. And by the way, that's why I initially said the 9: 30 time frame. But if we do five full business days, they would have all Wednesday to give us the material so we could have Thursday, a full day, to review it, Thursday, Friday, Monday, Tuesday, and Wednesday. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff You're recognized. City ofMiami Page 30 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Suarez: I think there's two aspects to this ordinance. One is obviously when we should get it and then the other one is, you know, the issue that I think you raised regarding whether or not there should be a supermajority or unanimity with reference to any Commissioner who may invoke the rule. I guess my question is, is it feasible for the Administration to provide it on that time frame? If it's feasible, I think the earlier we get it, certainly the better. Chair Sarnoff Well -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff -- let me have a little colloquy with him on that and maybe I can -- nothing precludes this body from being collegial. No rule, no law, no ordinance, no resolution. We will either be collegial or we won't be collegial and respect each other's position on when we get something. Andl could tell you as Chair, when I learn a Commissioner -- or when I hear a Commissioner didn't get something on a timely basis, I usually go to the person promoting the issue and say instead of forcing an issue where this Commission will take up that Commissioner's stance with regard to timing, you're better suited to just bring it to the following Commission. So I know myself as Chair, what I do with people promoting things. But you're now creating a situation where you do tie this Manager's hands on issues that he doesn't even know have been created, on facts and circumstances that you haven't even contemplated, and you are requiring a five five vote. I just -- let me finish. 'Cause I don't know when America operates at a five five vote. I -- you know, state of California can't set a budget unless 65 percent of its state legislators vote on that budget. And they never have a budget, by the way. They can't even get 65 percent of the people to do anything. So I always question when you come up with, you know, numbers that are almost impossible to meet, especially when the one Commissioner, let's say, who feels like he has not had that full five days. And let's say this Manager comes to you and says, look, I didn't know this. It couldn't be helped. But you're about to violate something, and that one Commissioner could be grounded in something -- could be unreasonable, could be passionate about. It could be something very arbitrary and capricious, and he can control whether that issue comes up. Andl just question whether we're not better suited to have a four fifths majority. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: First of all, it's not unheard of to do something like this, because the County has this policy, except they call it a four -day rule. And it's not like you have to, the Manager, should he have an emergency, give us the information. The only thing is he understands that he needs to make sure that we are all prepped up for it; that he explains to us what it is or so forth. Because even though it is automatically waived, one Commissioner may tell him, you know -- and obviously, we all have to act in good faith. We all have to act in good faith. But one Commissioner could say, listen, the item you're bringing up is just too voluminous, which has happened on many occasions. As a matter of fact, it just happened last Commission meeting with the billboards, you know. I was the Commissioner that said let's do it on first reading and second reading, while the Administration was pushing for an emergency ordinance. Well, guess what? We did first reading and now, today, we're going to have second reading. There's a supplemental item which has changed a large majority of the things that, you know, we voted on. So the truth of the matter is, we didn't need to pass it on emergency ordinance. And if we did, the truth of the matter is the changes that we may or may not approve today will not have been there, and your argument was the one -day brief. Well, one -day brief -- I had 30 minutes to decide on an item because it was significantly changed. Andl didn't want to bring it up, but those are the type of things that -- If we truly believe that we are changing the culture and -- we need to start acting and not just talking about it. Action speak [sic] louder than words. You know, if you truly believe in this new normal, then the truth of the matter is we need to act like there is a new normal. I have met with the Administration to make sure that nothing that I am asking is City ofMiami Page 31 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 unreasonable. So I have worked with the Administration. I have worked with the City Attorney. And nothing that I am asking is unreasonable. I think what is unreasonable is 30 minutes before we have a Commission meeting to be given, you know, voluminous amount of materials to read where we don't have a day to do a brief. We have 30 minutes to make decisions. Andl'm telling you, I'm sorry, at least from my point of view, some of the decisions that we make are extremely important. And I'd like to -- whether you vote it up or down, I just want to be able to be educated on the matter, have time to read it, have time to analyze it. Andl'm not asking for unreasonable amount of time. I'm asking for five business days because it's not just one item that we're thinking about or that we're voting on. It's many, many items. So with -- Chair Sarnoff All right. Vice Chair Carollo: -- that said, I don't see -- if the County has a four -day rule, why we couldn't go to something like that that is a five-day rule. Chair Sarnoff Andl'm not arguing against the five-day rule. What I'm saying is there are circumstances under which this City Manager, the City Attorney cannot contemplate into the future that there could be an emergency with the City ofMiami. And there could be times and circumstances when we get something on four days, fifty-nine minutes, if you will, and a Commissioner may, for instance, have said, you know what? I'm busy right now. I really don't want to hear it. Andl'm going to invoke the rule. It could be she's got a piece of litigation. It could be he's got an emergency as a result of a hurricane. It could be many, many things. It could be one Commissioner could be entrenched in a position which could be, theoretically, unreasonable. I doubt that it'd be two or three Commissioners in that position, but there could be one. It happens. I've been here before. Trust me. I have watched Commissioners act arbitrarily, I think capriciously -- not saying anybody up here would do it -- but when you legislate something, you legislate it for the future. And to tie your hands on a five five vote when they don't even know the nature of the emergency that could emerge into the future, I'm just not prepared to do so. I understand your position. I'm not disagreeing with you one bit that you should have a minimum of five days to study something, a minimum. But when you legislate that and you invoke a rule that every Commissioner must agree to in order to break that, I think it's too binding. I think it doesn't give you the flexibility you need. I like your ideas. I can support this if it were a four -fifth majority. Commissioner Dunn: Mr. Chairman, I -- andl want to say to the Vice Chairman, I'm certainly supporting this in principle. I'm just trying to find out how -- what constitutes -- Mr. Chairman, you talked about, which could happen, a possible emergency. Maybe if we can define something that would -- I don't know if that would be acceptable as a -- I'm going to vote for it, but I just know -- I don't want to tie our hands 'cause I do know that there could be one or two circumstances that might come up that -- so what would constitute an emergency? That's -- Chair Sarnoff I mean, she could come up to us -- well, I don't want to speak for the City Attorney, but -- I mean, you could have a briefing scheduled by a judge on declaring murals illegal. Your funding source to the City would be 3.5 annually. You'd lose that funding source. She would say to you a federal judge has set a briefing schedule for ten days. She comes to us on a Commission meeting. She only has three days' notice of that. I need this ordinance changed on an emergency basis; otherwise, you're going to lose the $3.5 million. This is my best recommendation to you how to deal with this situation to preserve the $3.5 million of revenue to the City. You as a lay person, me as a lay person to some degree on that one, I would take her advice and I'd say, I'll make the modification to the murals ordinance. Let's say Commissioner Carollo says you know what? That's a 12-page ordinance. I'm not prepared to read it in three business days. He could do that. She can get -- this rule would be invoked. Commissioner Dunn: Yeah, I understand that. I'm just -- City ofMiami Page 32 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff And then the revenue source -- and let's say judge rules unconstitutional. Now you're faced with a $3.5 million funding gap in your budget because of the inflexibility of a rule, and Commissioner -- the Vice Chair probably -- properly saying, look, I haven't thought about every ramification. Life doesn't always work in an ordered process. Life doesn't always come at you in an organized box of chocolates. Sometimes it gets scattered and sometimes it gets emergent, and you got to be able to deal with that. Commissioner Dunn: But is there a way that we can articulate that in a motion? Vice Chair Carollo: Well, you could always do a special Commission meeting. I mean, in that situation, why don't you do a special Commission meeting since it's so important? Chair Sarnoff Because -- Vice Chair Carollo: But this is for regular Commission meetings. Chair Sarnoff I -- Vice Chair Carollo: This is so in the last minute, I don't get handed, like we do every Commission meeting, 50 documents, you know. Andl think -- once again, I mean, action speak [sic] louder than words. I have heard every Commissioner here, at one point or another, state how we should not be receiving things in the last minute. However, there is no teeth to our ordinance, and we're starting to put some teeth to our ordinance. It is nothing unreasonable. As a matter of fact, you know, yes, those situations may occur, you know. It's for all of us up here to be working in good faith, which I think we are, and be reasonable, you know. 'Cause in all fairness, should that occur, it's automatically waived. Chair Sarnoff No, no. I agree. I know what you're saying. And I understand your teeth argument, and I'm -- and let me analogize it like this. I'm saying put a lion's jaw on this, and that's foul -fifths vote. You're saying put a pit bull on this; don't let it let go. And all I'm saying is leave yourself an element of flexibility. Leave yourself with the ability that in the event a Commissioner comes up here in a position that could harm this City financially or any other way and you don't have the full five days, leave yourself the ability that that one Commissioner's vote can exclude it. You're creating a filibuster. And if you like the way the federal government works -- I mean, they filibuster themselves to death -- you're right. I know you're going to come back to me and you're going to say I should have five days. And I'm saying 99.9 percent of the time, I happen to agree with you. But it's that emergent situation I can't contemplate. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Well, that emergency situation should then be a special Commission meeting. Chair Sarnoff Okay. You're recognized for the record. Commissioner Suarez: Mr. Chairman, I think there's a couple things here going on. First, it -- from a -- again, from a draft perspective, from a legal drafting per -- it doesn't seem to me to make a lot of sense for their to be a vote on invoking a rule because if it's unanimous, I seriously doubt that a Commissioner's going to vote against themself [sic] when they invoke the rule, so it doesn't make any sense to actually have a vote. If a person -- if we want to make it unanimous, we can just say the person can invoke the rule and they can just invoke it. I mean, I don't know why there's -- you know what I'm saying? I don't think from a -- City ofMiami Page 33 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Vice Chair Carollo: Mr. Chairman. Julie O. Bru (City Attorney): Commissioner, we -- it's in there because if the rule is invoked, it gives everyone the opportunity to hear from whoever it is that's sponsoring the item as to why you should, you know, change your mind that unanimously approve the item going forward. It gives the department who's promoting the item the opportunity to come and change your mind as to why you really need to vote on this. Commissioner Suarez: Fair enough, fair enough. Ms. Bru: It gives you the flexibility to change your mind. Commissioner Suarez: Fair enough. Chair Sarnoff You're recognized for the record. Commissioner Suarez: I have other things, if -- Commissioner Gort: Okay. No, no. Go ahead. Chair Sarnoff Let me go to -- Commissioner Suarez: Okay. Chair Sarnoff -- Commissioner Gort. Commissioner Suarez: Okay. Yeah. Commissioner Gort: No, no. Go ahead. Finish. I'll be last, no problem. Go ahead. Chair Sarnoff All right, go ahead, finish up. Commissioner Suarez: Thank you, Mr. Commiss -- thank you, Commissioner. Thank you, Mr. Chairman. That was one issue that I had in terms of the drafting of it, and that makes absolutely total sense. The other issue that I have is -- first of all, I agree with the vice chairman that there is a culture of bringing things to us beyond -- within the five-day rule, and very complicated things many times. I think one of the other things that's interesting about this is that it could be changed with three votes back to a four fifths. I'm saying the ordinance can be modified again by three votes. So in other words, if the fear that the Chairman has expressed ends up being correct, that it's being used in an arbitrary and capricious manner, then with three votes of the Commission, we could say you know what? This is just not working. Let's go to a four fifths model or something else. Chair Sarnoff But it doesn't -- and let me just have colloquy -- give you the flexibility at that moment to bring an ore tenus motion. You're tying your hands again. You don't have the ability to bring an ore tenus -- Commissioner Suarez: No. Chair Sarnoff -- motion under Florida statutes on an ordinance to change that procedural vote. All I'm saying you just don't know whenever an emergency could come up. Commissioner Suarez: I agree with that. And the other question that had and what was told when this ordinance was presented to me was that this did not apply to emergency ordinances. I don't know if that's correct or not. In other words, if this -- if it's an emergency ordinance that City ofMiami Page 34 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 we're going to vote on a four fifths, does this rule apply? Ms. Bru: This rule would apply to any item that appears on the agenda, whether it's an emergency ordinance or not. You'd still have the ability to consider a pocket item, which is an item that is not agendized [sic], which you, technically, under your rules, you need to have a unanimous vote that's an emergency in order to consider -- Commissioner Suarez: Have we been following that rule? Ms. Bru: -- a pocket item. We have not been following that rule. Commissioner Suarez: We should be following that rule as well, so -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff I just don't want to cut off Commissioner Gort 'cause he's been waiting. Commissioner Gort: Thank you. My understanding at one time when I was here in the past, we had the -- we could invoke the five-day rules [sic] and hardly ever it was used. But we did ask the Manager at that time, we didn't want to see emergency items unless they were really emergency. I think the -- in the past, there was a lot of those emergency items that will come up, like the one that come up today. I think this rule will help to tell the Administration we're not going to listen to emergency items unless it's an emergency items [sic]. I mean, like what you quoted a little while ago about a court hearing and all that -- and I'm sure we can allow the -- I don't know what that is -- we can allow -- I wish Communication -- we got a big budget -- take care of these phones. They keep ringing here all the time. And it's somebody else asking for something else. Lost my thought, but the thought is the -- this will give the message to the Administration, we don't want emergency items. You should take care of all the items so we would not have an emergency. At any one time, like I tell you, we could apply the five-day rules [sic] and by being -- and cooperating with each other. We respected that, and automatic, we didn't even vote on it. Any time a Commissioner says I want to invoke the five-day rules [sic], it was done automatically. I believe that an emergency item that's really an emergency, they'll come in front of us; they'll explain it to us; they'll have an opportunity to talk to us before; and I'm sure we will listen to the item and we'll vote on it. So I don't have any problem voting for it. Andl understand your point of view, butl think we all have goodwill here that -- we demonstrated we're team players and we want to do what's best for the City ofMiami. Chair Sarnoff All right. Commissioner Dunn, you want to say --? Commissioner Dunn: No. I'm okay. Chair Sarnoff Anyone else? Commissioner Suarez: Mr. Chairman. Chair Sarnoff Yes. Come back to you. Commissioner Suarez: Yeah. I mean, I think, again, the interesting thing about this item is that - - andl agree with what you're saying, that it cannot be changed on -- at that particular moment. So for that particular item at that particular moment, the argument would be lost. But you know, I'm inclined to -- initially, I had the same initial impression when I first got this ordinance to me. I thought five fifths? I mean, I thought maybe it would be better to do a four fifths. But you know, I think maybe to see how it plays out -- you know, we also -- you know, one of the other questions that I had is like, for example, when an ordinance comes to me for the first time and we're being briefed on it, I'm actually being briefed within that five-day period because I get City ofMiami Page 35 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 briefed on Monday morning. So let's say I have some questions or comments or suggestions on the ordinance, or modifications, things that are -- that think are good modifications and they're incorporated, you know, those incorporated items would technically violate -- if they were brought in, they would -- you know, so it would be at the discretion of the Commission not to be - - you know, not to invoke the rule if they felt that it was something that, you know, was it overly complicated or couldn't be studied within the time period that we had allowed. I'm inclined to see how this works. The irony of it is that it only takes three votes to change it back to the status quo or to the four fifths if it's being used in an arbitrary, capricious manner. And certainly, it is a concern, you know, for me that it would be used in that way. But I do think also there is a culture right now of getting us stuff late. And there's been many times where I've not had the time to really digest the information and make an -- you know, as educated a decision as I would have liked, so -- Chair Sarnoff All right. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. Mr. Migoya: May I ask a point of -- two points of clarification? Chair Sarnoff Sure, go ahead. You're recognized for the record, Mr. Manager. Mr. Migoya: Thank you. Based on Commissioner Suarez's comment, does that mean that we ought to be doing all the Commission briefings --? The five-day rule, by the way, you guys been saying by Thursday. It's really Wednesday 'cause we're talking about everything has to be given to you by Wednesday evening for five days. So that means we should be doing all the briefings to the Commissioners -- Chair Sarnoff The week before. Mr. Migoya: -- by no later than Tuesday? Vice Chair Carollo: No. Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I don't think anything really has to change. Andl always have a saying, if we play the what -if game, I mean -- I -- you know, there's always -- nothing is perfect in life. There's always issues, okay. So if we play the what -if game, I mean, we could be here all day. And I'll tell you what, I'll come up things and questions and so forth, you know. I really do believe that the intent is to receive the items, to receive all the backup materials and so forth for us to study it, you know, within those five days. Should you have a questions [sic] or so forth, yes, by all means, when you brief with the Administration, you post it and so forth. But at the same time, I don't think anyone up here has shown any indication whatsoever of being unreasonable, you know, and no one up here has shown any indication of acting without good faith. So at the same time, you know, you have to take that into consideration. When you brief with the Administration -- I mean, I've asked things of them, but at the same time, I don't ask it in the last minute knowing that they can't provide it and so -- you understand what I'm saying? We all have to also, you know, work with one another and just have a, you know, good faith and be reasonable. Mr. Migoya: Yes. Chair Sarnoff Yeah. But you know, you never legislate for a moral man. No -- there's no City ofMiami Page 36 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 reason you'll ever have to pass a law for a moral man. You have to pass a law for the lowest common denominator. My point on this whole thing is I think this body can cooperate. Andl remember when it was three of us and then four of us and then five of us. And when I instinctively learned that, you know, we would -- andl will continue to work on instinct when I don't think a Commissioner's been appraised. It doesn't even make it to the Commission meeting. But you legislate for the immoral man. You legislate for the man who -- you prevent him from tying up City government. And, unfortunately, every law passed in America is unfortunately passed for the people who do not follow the laws. And I just don't think you can tie your hands with a five five vote, in the event somebody comes up here that is not a very agreeable person or takes some issues to the nth degree -- andl don't think I'm speaking of any Commissioner up here, but this law will go on in perpetuity until it changes. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: You're correct. And as Commissioner Suarez says, in the future, should it not work, you know, if we have three Commissioners that believe it should change, then we change it. However, what I'm saying is we cannot continue the way we are. We just can't. I'm sorry. Receiving information, a great amount of information -- and you, as an attorney, know that you change one word and you could change -- that just one word changes a meaning. So when I'm given documents 30 minutes before a Commission meeting and then it's into the interpretation of various people that we need to pass this now or all, you know, heck breaks loose -- you know, it's been two and a half months, by the way, and nothing has happened, and you know which one I'm talking about. Chair Sarnoff Flagstone. Vice Chair Carollo: Yeah. It's been two and a half months and nothing has happened Chair Sarnoff And as it turns out, you were dead right on Flagstone. You drilled into that, a nonlawyer but an accountant, and learned every mathematical issue attendant to that particular contract, and this Commission pushed you as far as you could, and then you said enough's enough. Vice Chair Carollo: And it's time for action speak -- to speak louder than words. Let's do something about this so that doesn't happen again. Let's -- you know, hey, you know what? Let's be a little bold for once. Let's take a leap of faith and let's try something different. Because I'm telling you, I just don't believe it should be business as usual. Chair Sarnoff Okay. All right, let's call the question. Mr. Migoya: One more item just -- I said two, and if you -- Chair Sarnoff And you only got one in? Mr. Migoya: -- ifI may for a second. We -- I have made a commitment to you every -- for every month, in the second meeting, to have your -- an update of the financial budgets for the previous month, and that's one thing that, historically, have not been able to get done within five business days, so either we'll listen to it and break the five-day rule or -- instead of I won't be able to deliver it on time to you, so there might -- you'll be hearing it on the first week of -- the first meeting of the following month, so it'll be a month and a half later rather than three days -- three weeks later, so -- Vice Chair Carollo: And Mr. Chairman, to address that real quick. City ofMiami Page 37 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Yeah, go ahead. Vice Chair Carollo: That's a perfect example of the automatic waive. Let's say you can't get it to us five days before. I think it'll be dumb of us to say, oh, no, on that day, no, we're not going to listen to it now. We're going to wait an additional two weeks. I don't think anyone here will be that unreasonable, even though I prefer to receive so I could study it prior to you, you know, presenting it. But that will be a perfect example where it automatically waives because you know what? I'll take what you have at least for now, rather than wait two weeks to obtain the information. Mr. Migoya: And the reason I brought this up is because this is one that when we talked about -- we have been getting the finance people and the budget people and everything working as hard as we can and, historically, we've been able to get it like the day before or the day of the Commission. So I just want to make sure that you understand that this is not one we're going to be able to deliver five days in advance. Chair Sarnoff Well, and -- Mr. Migoya: Everything else I think, you know, we can be able to do, but -- Chair Sarnoff -- watch what's going to happen during budget, which is something you haven't been on this dais for. I think Commissioner Gort has. You're going to be handed stuff rapid fire, very quickly, and if one Commissioner invokes that rule and the other Commissioners don't wish to challenge that Commissioner, you're coming back for that budget five days later, and you will do that -- you'll probably keep this Commission in session every five days because you lack the ability -- let's say a Commissioner gets up here and he's frustrated with you -- andl was frustrated with you last night, to be candid with you. I was frustrated at the way you delivered numbers, maybe even abridging angry. And in that anger, I could have become arbitrary and capricious, to be quite frank with you, 'cause I just felt put upon. And I'm not criticizing you. I -- you've rescinded and you're receded and -- but at -- not every moment of my life and not every moment of my time as Commissioner has my emotions been in check. Andl think when you have a five five vote and this body wants to act collegial and not override somebody, you tie this Commission's hands, and that's all I'm pointing out to you, gentlemen. You're going to make the decision you're going to make. If you wish to put yourself in a body cast that you cannot get out of it will happen to you during the budget cycle. When the numbers change and somebody says "7 don't know how this will affect this andl have no intentions of learning it on the dais right now; come back in five days," we will have rolling five-day sessions. So that's all bring up. Let's call the question. Commissioner Gort: Commissioner -- Chair Sarnoff Madam City Attorney. Commissioner Gort: -- it's first reading. Ms. Bru: Okay. And just for clarification, this ordinance has been amended then to -- Chair Sarnoff On the floor. Ms. Bru: It has been amended. As amended, right? Chair Sarnoff On the floor. Ms. Bru: So -- City ofMiami Page 38 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Vice Chair Carollo: Right. For five full business days. Chair Sarnoff On the floor. Ms. Bru: Okay. So instead of no later than 9: 30 a.m. on the Friday before each regular City Commission, we're saying that the materials are provided to the City Commission five full business days? Vice Chair Carollo: No later than five full business days. Ms. Bru: Before each regular City Commission meeting? Vice Chair Carollo: Correct, ma'am. Ms. Bru: Okay. And that will be amending subsection E and H. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: I would support either the two constructs, the five five or the four five construct. Certainly, if it's being used arbitrarily and capriciously, I certainly would be also amenable to bringing it back for a regular vote. Andl see Commissioner Gort waving his head, so that's kind of a good indication that he might also support bringing it back if it's being invoked in a manner that is inconsistent with getting the business of the City Commission and the City ofMiami done on an -- in an orderly and timely fashion. Andl also think that we should abide by the second part of that ordinance, which is already an adopted part, which is about the pocket items and the emergency rule. But anyhow, my vote is yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: Yes. Andl just want to say, this will keep the Administration honest at the same time, so using football terms, yes. This will keep the Administration honest, so yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff Let me just say, there's no law you can pass to make an honest man. No. Commissioner Gort: Well, we can always change this afterwards. It only takes three votes. Ms. Latimore: The ordinance passes on first reading, 4-1 -- Chair Sarnoff That wasn't directed at you, Mr. Manager. Ms. Latimore: -- as amended. RESOLUTIONS City ofMiami Page 39 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 RE.1 10-00591 Honorable Mayor Tomas Regalado RE.2 10-00578 Department of Fire -Rescue RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TERMINATE AN AGREEMENT WITH THE DADE COMMUNITY FOUNDATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION; REQUIRING THE DADE COMMUNITY FOUNDATION, INC. TO RETURN ANY MONIES AND ASSETS ORIGINALLY PROVIDED TO THE FOUNDATION BY AND FOR THE CITY OF MIAMI; AND AUTHORIZING THE CITY MANAGER TO TRADEMARK ELEVATE MIAMI, IN ORDER FOR THE CITY OF MIAMI TO FURTHER PROMOTE ELEVATE MIAMI. 10-00591 Legislation.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-10-0214 Chair Sarnoff RE.1, Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: It's a companion item. And this is basically to terminate the agreement with Dade Community Foundation; requiring the Foundation to return any monies and assets provided to the Foundation by and for the City ofMiami; and authorizing the City Manager to trademark Elevate Miami in order for the City ofMiami to further promote Elevate Miami. That's the companion item. Vice Chair Carollo: So move Commissioner Suarez: Second. Chair Sarnoff We have a motion by the Vice Chair, second by Commissioner Suarez. I'm going to open up to the public. Anybody wishing to be heard on RE.1, an agreement to terminate with the Dade Community Foundation regarding Elevate Miami? Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, Madam -- it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Mayor Regalado: Thank you, Mr. Chairman. Chair Sarnoff Thank you, Mr. Mayor. Mayor Regalado: Thank you, Commissioners. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGER'S EXECUTION OF MODIFICATION #1 TO GRANT AGREEMENT (MODIFICATION #1"), IN SUBSTANTIALLY THE ATTACHED FORM, WITH City ofMiami Page 40 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 THE STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT (THE "FLORIDA DEM") ON BEHALF OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY OFFICE OF GRANTS AND TRAINING (THE "FEDERAL DEPARTMENT) IN ORDER TO REINSTATE, MODIFY AND EXTEND THE FLORIDA DEM'S CONTRACT NUMBER 09DS 24 11 23 01 011 CFDA NUMBER 97.067 FEDERALLY -FUNDED SUBGRANT AGREEMENT, DATED AUGUST 21, 2008 (THE "ORIGINAL AGREEMENT) IN ORDER TO EXTEND THE URBAN AREA SECURITY INITIATIVE ("UASI") GRANT PROGRAM (FISCAL YEAR 2007), FROM APRIL 30, 2010 TO JUNE 30, 2010; FURTHER AUTHORIZING THE CITY MANAGER TO EXTEND SAID UASI GRANT PROGRAM (FISCAL YEAR 2007) GRANT AWARD AND TO EXECUTE ANY OTHER RELATED MODIFICATIONS, AMENDMENTS OR EXTENSIONS ON ALL MATTERS EXCEPT THOSE DEALING WITH FUNDING CHANGES, IN CONNECTION WITH THE DEVELOPMENT AND SUPPORT OF THE UASI PROJECTS ADMINISTERED BY THE CITY'S DEPARTMENT OF FIRE -RESCUE, AS AN UASI SPONSORING AGENCY, CONTINGENT UPON THE FUNDING OF THE UASI PROJECTS BEING SECURED IN THE FORM OF GRANTS FROM THE FEDERAL DEPARTMENT THROUGH FLORIDA DEM. 10-00578 Legislation. pdf 10-00578 Exhibit.pdf 10-00578 Summary Form.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-10-0209 Chair Sarnoff How 'bout [sic] RE.2? It's a pretty easy one. Mr. Manager, RE.2. Carlos A. Migoya (City Manager): Sorry, Mr. Chair. You caught me off guard Chairman Sarnoff All right. That's not a problem. RE.2. Mr. Migoya: RE.2. Vice Chair Carollo: Keep you honest. Chairman Sarnoff I just thought we could maybe take off one or -- Mr. Migoya: Yes, I did. Chief Kemp. Reginald Duren (Deputy Fire Chiej): RE. 2 is a resolution of the Miami City Commission approving and confirming the City Manager's execution of modification of the State of Florida, Division of Emergency Management, on behalf of the United States Department of Homeland Security, Office of Grants and Training, to extend the Urban Area Security Initiative grant program for Fiscal Year 2007, from April 30, 2010 to June 30, 2010; further authorizing the City Manager to extend said UASI (Urban Area Security Initiative) grant program grant award and to execute any other Related modifications, amendments, or extensions on all matters, except those dealing with funding changes. Chairman Sarnoff All right. RE. 2 is -- City ofMiami Page 41 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 RE.3 10-00555 Office of Strategic Planning, Budgeting, and Performance Vice Chair Carollo: So move. Chair Sarnoff A motion by the Vice Chair, seconded by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Anyone from the public wishing to be heard on RE.2, which is a UASI grant, Urban Search [sic] and Rescue [sic] Initiative grant program? Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Seeing none or hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Thank you very much. Deputy Chief Duren: Deputy Chief Reggie Duren. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), UPDATING THE MULTI -YEAR CAPITAL PLAN BY APPROPRIATING NEW FUNDING AND CONTINUING PREVIOUSLY APPROVED CAPITAL PROJECTS FOR FISCAL YEAR 2010. 10-00555 Legislation. pdf 10-00555 Exhibit SUB.pdf 10-00555 Summary Form.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RE.4 10-00427 Office of Strategic Planning, Budgeting, and Performance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING AMENDMENTS TO THE APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010. 10-00427 Legislation. pdf 10-00427 Summary Form.pdf 10-00427 Budget Adjustments.pdf 10-00427 Revenue Adjustments.pdf 10-00427 Expenditure Adjustments. pdf Motion by Chairman Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0215 City ofMiami Page 42 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Spring. Larry Spring: Larry Spring, chief financial officers [sic]. Commissioners, RE.4 is amendment to the fiscal appropriation for the year ended September 30, 2010. Right before this item -- excuse me a second -- I passed out a substitution item. Based on our -- the briefings with the Commissioners and my discussion with the City Manager, we want to proffer a change to the amendment. This new recommendation primarily provides for the additional funding that will be needed for departments to continue to operate until we bring an amendment that will address the full impact to the fund balance later this summer. These additional allocations will be funded from realized improvements in the revenue collections and will not impact the fund balance today. And we're also recommending the appropriation of some interdepartmental swaps that will have no impacts to the bottom line. I will need to -- since it is a substitution, I wanted to go through each of the items specifically by depart -- revenue category and then by department so you'll know what the net change -- the change to each. The category of property taxes, we are recommending that we increase the appropriation by 1, 777, 567. Chair Sarnoff Where are you looking at, just so I'm --? Mr. Spring: I'm looking at the second part of the exhibit that I passed out to you. So you have the resolution and then you have an exhibit schedule attached. And actually, so you -- I'm working off the exhibit, the budget adjustment exhibit. In the category -- Chair Sarnoff Wait, wait. Do you mind --? I have so many questions, I'm like bursting. Does anybody mind ifI do a little questioning? All right, so you had projected, correct me if I'm wrong, that we would have 257,946 in taxes, right? But instead, it's gotten better? Mr. Spring: It has gotten better in a category within the property tax major category. That category is delinquent property tax collections. Within the category of property taxes, there are several other minor objects within that category. Within the subcategory of delinquent taxes, we've shown an improvement of approximately -- and we'll talk about it later in the April forecast -- we've shown about a three plus million dollar improvement in the collection of delinquent taxes, so I'm recommending that we appropriate a portion of that realized increase in that particular category. Chair Sarnoff Could that fluctuate to the end of the fiscal year? Mr. Spring: It could -- absolutely could fluctuate, but what -- Chair Sarnoff Could it --? Mr. Spring: -- I'm appropriating is what we've actually received in collections. Chair Sarnoff Oh, I get what you're saying. Well, there we -- Mr. Spring: We've actually received this money. Chair Sarnoff No. I -- we're not going to play semantics, but we will, in some degrees, play it. So if, in fact, this 1,000,777 goes away because you don't have collections at a rate that you expect towards the end of the year, all you're saying is you're spending the money you have now in this fiscal year; yet, you're still going to run a deficit. Mr. Spring: Yes. Chair Sarnoff You could be putting this money towards the deficit, in layperson terms? City ofMiami Page 43 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Spring: Yes. Chair Sarnoff Okay. So if any personnel or union people came up to us and said, oh, so your revenues improved, but you chose to spend it -- Mr. Spring: Might as well get into this document. Earlier you received the April projection. It was passed out to each one of you, the normal one page format that you're used to seeing. While we have shown improvement in a category, you can see that overall, in total revenues, we're still expected to be below our overall revenue collections by 14.5 million for the year. So I guess my answer would be while we have shown improvements in certain categories that help offset and we're trying to appropriate that now to offset expense increases that we have also expect to realize before the end of the fiscal year, overall we still -- in total revenues, we're expecting to see, as of April 30, 2010, a 14.5 under budget in revenue collections. So that would be my answer -- Chair Sarnoff Okay. Mr. Spring: -- if asked. Chair Sarnoff That's actually a very full answer. Despite the fact you're ahead right now, you'll still be behind. Mr. Spring: Right. I'm ahead in a category -- Commissioner Gort: In head, certain categories. Chair Sarnoff In laypersons' terms. Chair Sarnoff Right. Mr. Spring: -- behind in total. So I will -- I'll continue -- Chair Sarnoff Yeah. I'm sorry. Mr. Spring: Okay. Chair Sarnoff And I'll try to hold my questions. Mr. Spring: That's fine. The next category we're recommending the appropriation of -- Commissioner Gort: Excuse me. Let me -- Mr. Spring: Yes, Commissioner. Commissioner Gort: Are we reading -from this, from the --? Mr. Spring: I'm going back to the -- I gave you a substitute piece of legislation. Commissioner Gort: Right. Mr. Spring: Behind it, I gave you a schedule. Commissioner Gort: Okay. Mr. Spring: I'm reading from the schedule. City ofMiami Page 44 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Here. Commissioner Suarez: Mr. Chairman, may I ask a question -- Chair Sarnoff Sure. Commissioner Suarez: -- kind of dovetailing off your question? My question is if we are year-to-date $3 million in terms of collecting more revenue than what we budgeted, how can we fore -- be forecasting for the remainder of the year a decrease of 14 mil --? In other words, how can we go $17 million in the opposite direction if most of our revenue has already been collected for the fiscal year? Mr. Spring: No. Actually, most of our revenues have not necessarily been collected for the remainder of the fiscal year. In fact, we tend to have accruals at the end of the year that we collect after. For instance, franchise fees are usually 60 days behind in collections. Property tax, all of those things, so there's always an accrual. Andl want to make this distinction. Overall, yes, we are below, but in certain categories -- ifI split out the property tax major category, there are seven different subcategories in there. In one of those subcategories we've seen a vast improvement in that particular collection. So I'm appropriating that in line with the net that you see here. So the net effect at the end of the day, we stay whole to this budget or this forecast, if you will. I'm just using the dollars to help deal with some of the deficits that we see on the operating side, so -- Commissioner Suarez: So can I -- Mr. Chairman, can I ask him another question? Chair Sarnoff You -- well, here's the rule up here. You guys have colloquy with any City official you wish to. When it comes to a citizen, ask the question. But when it comes to a City official -- Commissioner Suarez: Fair enough. Chair Sarnoff -- they're your -- they're not your employee. They're the Manager's employee and you employ him. Commissioner Suarez: Fair enough. So there's a possibility, as the months go on, if we continue to have kind of unexpected increase in revenues from delinquent collections that that number could actually decrease? Mr. Spring: It will continue to improve. Yes. Commissioner Suarez: Okay. Mr. Spring: In fact -- Commissioner Suarez: So that's why we have the $14 million deficit -- Mr. Spring: Correct. Commissioner Suarez: -- when -- Mr. Spring: Right. If you -- Commissioner Suarez: -- what we've actually seen is actually a reduction in that -- City ofMiami Page 45 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Spring: Right. Commissioner Suarez: Okay, I got it. Mr. Spring: If you recall on the March -- next time -- next month, what I'll do is I'll make sure I'll have the preceding month -- I'll give you both so you'll be able to compare it side -by -side. Commissioner Suarez: I'm sorry. I just was confused for a minute. Mr. Spring: If you recall, total revenues last month were negative 16 and now we're at a negative 14.5, so we have seen a slight improvement in our total revenues from a projection standpoint. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You are recognized. Vice Chair Carollo: And by the way, I agree with you. At the same time, I do want to point out the reason why it's 14 million is two main reasons. One is that we budgeted $10 million from other funds that no one knows were those $10 million are going to come from, so -- Chair Sarnoff But I think they found out. Mr. Spring: Yeah, we did. We were able to identf it. It was $5 million of local -- of additional local option gas tax that they were expecting to be able to realize into the general fund, and the remaining five million was better collections or better reduced debt payments associated with lower interest rates. If you look in the transfer in category on the one page sheet, you'll notice that there's a positive variance in local option gas tax category of 1.368 million. What that 1.368 is, we did an analysis and that's how much of the five million we know that we can absolutely transfer into the general fund against what the expectation was, so -- Vice Chair Carollo: So what you're saying, out of ten million we're going to receive 1.368, 1.3? Mr. Spring: On the local option gas tax -- yeah, out of the five million, 1.368. And then on the reduction in interest, it actually transfers in through the public service tax line item, so you see that one is 4.6 million better than expected and it actually has been improving each month. This improvement from March to April was just over a million dollars, I believe. So the expectation is that it will continue. So of the five million of improved collections associated with lower interest rates on the variable debt, we expect we probably will realize the entire five million. Vice Chair Carollo: Okay. But I see that the original budget for public service tax, you had 39 million. Does that mean that it should have really been 44 million? Mr. Spring: They should have put the five million into the category -- yes, correct -- of public service tax. They put it down in that -- and you see how we denote it as transfer in from other funds 'cause at the time, like you said -- Commissioner Suarez: Understood. Mr. Spring: -- we didn't -- it didn't have anything associated with it when I was going through the documents, so it was just let me disclose it to the Commission, show that it's there, and then we did our research, and we were able to substantiate it, so -- Vice Chair Carollo: And then I've mentioned this in the past, but the only -- just correct me if I'm wrong -- line item with regards to revenues that we are in favorable is with "other City ofMiami Page 46 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 revenues ", correct? Mr. Spring: That is correct. Vice Chair Carollo: Which is an additional $9.6 million? Mr. Spring: Correct. Vice Chair Carollo: And then the net effect is the, you know, negative 14 million? Mr. Spring: Correct. Vice Chair Carollo: However, even though delinquency tax were up; net, we're -- Mr. Spring: We're down, correct. Vice Chair Carollo: -- down 14 million? Mr. Spring: Net, we're down in the -- exactly. Vice Chair Carollo: So, realistically, that money could go to the reserves or -- it's not going to be reserves. It's going to be to our deficit. Mr. Spring: It would go to reduce the deficit, correct, at the end of the year. Whatever we're able to manage, it would reduce the deficit. Vice Chair Carollo: Right. So this increase isn't like, hey, we have an increase; therefore, we can use these monies for, you know, parks and for, you know -- Chair Sarnoff Right. Vice Chair Carollo: -- salaries? Mr. Spring: For additional service. Exactly. No. This is -- Vice Chair Carollo: Andl think that's exactly what the Chairman was -- Mr. Spring: Right. Vice Chair Carollo: -- going at, which is what I agree. Chair Sarnoff You just did it in an accounting way. Thank you. Unidentified Speaker: Right. Mr. Spring: So I'll continue on the recommendation. On the interest we're recommending an additional appropriation of 425, 000. That's for better collections that we realized for investment interest. Intergovernmental revenues, small appropriation increase of 51, 000 that's related to federal grants that -- dollars that we've received. And then the miscellaneous category, we want to recommend appropriating 2.4 million of the positive -- something that we've talked about. And finally, charges for services. Commissioner Gort: Wait a minute. What's "other revenues"? Mr. Spring: "Other revenues" is -- well, you have miscellaneous settle -- legal settlements. City ofMiami Page 47 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 What this large increase is associated with is receipt of retirement -- retiree medical payments for -- the City only subsidizes 25 percent of their medical cost, so they pay us the other piece. So that's that -- what that revenue is. And then, finally, the final category is charges for services, and we're recommending a $972, 000 appropriation there. We've realized better collections in the area of EMS (Emergency Medical Service) primarily in that category. A total increase appropriation or recommended appropriation on the revenue of $5, 637, 228. The -- I wanted to go through the appropriations [sic] recommendations that we're making to each department. In the Mayor's office you see an appropriation recommendation of 37,875. That is a swap. We're reducing one person -- we're moving one person from the Department of Parks and moving them into the Mayor's office. That person is our educational coordinator, which is a program that is coordinated out of the Mayor's office, so replacing the employee where they should be. Office of City Manager, that is the net effect of three personnel swaps. We have one individual who was budgeted in the Manager's office, who is being transferred to the Office of Grants. That's our sustainable initiatives program manager. You also have the transfer in of one individual from Public Works into the Manager's office. That is an assistant to the chief of infrastructure. And then, finally, you have a transfer in to the Manager's office of the salary associated with our EEO (Equal Employment Opportunity) coordinator, which was coming from the nondepartmental budget into the Manager's office where they -- where the department is budgeted or should be budgeted. The next department down you see Hearing Boards, and that is a deobligation of eight individuals and 862, 297. That is us transferring those individuals and their related remaining salary costs to the Department of Planning. Hearing Boards will now report up through the Planning Department, and you'll see the offset on the second page for Planning. The next department is Finance. You have the -- you have two items there. Well, actually, excuse me, three items. First, you have a swap of seven employees from the Department of Employee Relation [sic] into Finance. That is us moving payroll -- the payroll function from ER (Employee Relations) into Finance. You have a request for three additional payroll staff to support the improved operation of the pay roll division, and that's an additional cost of 75,000. And then you have a swap of 8,500 coming from the Department of CIP (Capital Improvements Program) administration into Finance to cover the -- some additional auditing costs we had associated with the bond we issued back in November. The next department is -- Chair Sarnoff So the net effect on, if you -- Mr. Spring: -- the -- excuse me. Yeah. The net effect is -- Chair Sarnoff If you reduce 198, 000 from Employee Relations -- Mr. Spring: It's actually 227, 000. There's -- I'll -- when I get to Employee Relation [sic], I'll give you the breakdown of that net number. Chair Sarnoff Okay. Mr. Spring: GSA, General Services Administration, this is one of the departments that we need to allocate money to allow them to continue to operate for the remainder of the year. That 1.527 million is a million dollars for additional fuel costs, a half a million dollars for parts, and $27,500 associated with the police motorcycle lease contract. Page 2 of the exhibit, Department of Employee Relations, you see a net seven reduction, so that's the transfer of seven people to Finance; and you see a net negative or deobligation of 198,137. What -- that is the sum of the 227,000 being transferred to Finance and a net out of approximately 28,000 of additional -- or additional -- excuse me -- an additional allocation of 28, 000 related to medical exams that we need to fulfill the summer program. The next department is the department of the City Attorney or the Law Department. Yes, sir. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 48 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Yeah. Go ahead. Vice Chair Carollo: I mean, I don't know you prefer for the chief financial officer just to continue, but with the Parks Department, I specifically asked, you know, where all that money was going to be going to, how many new facilities -- to maintain how many new facilities, how many employees, so on and so on, and you have the list. We went down item -by -item all the things I wanted with regard to Parks. Mr. Spring: Right. Yes. Vice Chair Carollo: I have still not received that, you know, so -- you know, it's $3 million -- $3.1 million is a lot of money. I want to see -- andl understand it. And let me tell you something. With all due respect, yes, I want a summer program and you know, it's something that we need to do, but I want to see some type of itemized schedule letting me know where is that money going. Mr. Spring: Right. Vice Chair Carollo: I mean, one thing is a summer program. I want to know what constitutes a summer program in real numbers. Mr. Spring: Absolutely. And to the Commissioner's point, he did request that informationfrom - - we are still assembling all the data to try to get it to you, in addition to the rest of your full list. Vice Chair Carollo: Well, yeah, I know we went through a lot of things last night, and there was a lot of things that requested. But mean, in all fairness, what want is what we're going to be voting on. Mr. Spring: Okay. Vice Chair Carollo: So in other words, I don't want to convolute it with all the other stuff. All the other stuff can wait -- Mr. Spring: Okay. Vice Chair Carollo: -- you know. But at least for Parks, this is a big expense, andl think it's one of the main reasons that you brought this before us. So at the very least, we -- at least I -- I don't know how the other Commissioners feel -- need to see a breakdown of parks. I mean -- Mr. Spring: Okay. Vice Chair Carollo: -- $3.1 million, I want to see -- Mr. Spring: I -- Vice Chair Carollo: -- where is -- you know, in dollars, where is that 3.1 going. Andl understand summer program, but -- Mr. Spring: I understand. And we'll -- we will -- Mr. Migoya: Mr. Vice Chair, the three million one is not all summer programs. That is the actual deficit that they've got, including summer programs -- Mr. Spring: In the (UNINTELLIGIBLE). City ofMiami Page 49 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Migoya: -- for the entire year-to-date. Parks has been running in a deficit from the very beginning because of under budgeting that was done on Parks from the time I got here, and we actually reduced some of those deficits when we shut down some of -- you might remember a couple of months ago, we actually reduced some of that and then had an increase again because the summer programs were not budgeted for. So we'll be able to give you the three million one, but it's -- I just want to make sure we understand that the summer program is not three million one. It's substantially less than that. It's some of (UNINTELLIGIBLE) -- the deficit that they have on a year-to-date basis as well. Vice Chair Carollo: Thank you, Mr. Manager. And it just seems that once you start asking questions, that's when you start seeing where the money's really going and so forth, because as of last -- as of a few minutes ago, it was my understanding -from what I was told last night that that is for the summer program. It was not explained to me that it was for any other thing, and we needed it because of the summer program, and Commissioner, we can't -- Mr. Migoya: Well, let me -- Vice Chair Carollo: So that's why I really want to see -- Mr. Migoya: Yeah, but let me -- Vice Chair Carollo: -- where is that money going. Mr. Migoya: -- try to explain. The Parks Department has been running at a deficit. Vice Chair Carollo: No. I understand that. Mr. Migoya: No, no, no. But the reason why I have to clear the entire deficit is because in order to hire for the summer program -- and Larry can do a better explanation of that than I can of clearing it -- we need to clear the entire deficit, which includes the other deficits beyond the summer program, so it's not like we're trying -- the reason why we're clearing the entire deficit is to be able to do the hiring of the summer program, which is -- you know what -- do you know what the number is exactly, Larry? Mr. Spring: I want to say the summer piece of this is somewhere between 1.7 and 1.9 million net. To the Manager's point -- and I'll clam this for you -- in order for them to move forward this City Commission has to appropriate those dollars for them to move forward; otherwise, it would be, I guess, against our legislation or our budget ordinance for them to proceed with that hiring. That's why it was critical for us to at least try to bring this item as well as the -- I think the GSA was one of the other big departments that we had. So I will -- again, Commissioner, I am diligently trying to provide you with that information, as well as all the other requests, and you know, we'll start feeding -- actually, I have some of the stuff already today. This one, I still do not have completely put together, but you know, I will provide it to you sooner rather than later. Vice Chair Carollo: Thank you, Larry. Andl hope you see why I need this information -- Mr. Spring: I -- Vice Chair Carollo: -- and why I cannot take a vote until receive some of this motion -- Mr. Spring: Absolutely. Vice Chair Carollo: -- because -- I mean, realistically, should anyone in the public ask me -- City ofMiami Page 50 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Spring: What was -- Vice Chair Carollo: -- what did you just approve -- Mr. Spring: Right. Vice Chair Carollo: -- I couldn't really tell you, you know, as a matter of fact, you know. And I understand Parks Department running as a deficit because we had discussed it in the past. Mr. Spring: Right. Vice Chair Carollo: However, it was my interpretation these $3.1 million were going just for the summer program. And I did find it a little high, and that's why I wanted to have it, you know, itemized to see exactly where the dollar's going and how many parks and so on. Well, we -- Chair Sarnoff Is it worth for us to continue -- Mr. Spring: No, no, no, no. Let's -- Chair Sarnoff -- if we're -- if you're not prepared to vote on this? I mean, I -- Mr. Spring: Let's -- Chair Sarnoff Again, collegial, I don't want to force this on anyone. Mr. Spring: Yeah, right. I know. Chair Sarnoff I have issues with this. But is this something you need to have cleared today? Mr. Spring: I would say we need to have it cleared. The summer program is going to be starting -- particularly to the summer -- summer's going to be starting in about two weeks. Chair Sarnoff Yeah, but -- Mr. Spring: GSA fuel, we need fuel to continue to operate -- gas all of our heavy fleet, light fleet vehicles so it's -- it is a fairly critical operating issue. This recommendation that you have before you, Commissioners, was one that we paired down because I know before in our discussion, there were some concerns in the briefings. The same reason why the RE.3 item was deferred, to allow the Commissioners a little bit more time because that was a very elaborate document. I know you -- each wanted to go through your districts and look at your projects. Again, the nature of this is to propose these things that I feel are critical to operations. What I would ask as a means of moving forward perhaps is to provide us with the authorization, maybe perhaps contingent upon us providing some of the detail for -- GSA, the detail is, you know, like the fuel and the parts. On the summer program, perhaps we can get the -- provide you with a detail of the breakout of the summer, what the programs are, which park locations, the number of personnel, and perhaps get that to you by tomorrow or Monday so you can have it. And then if, by the next Commission meeting, which will be right before, you know, you feel that some changes need to be made, we can pair -- perhaps pair down the operation. I don't know. Parks Director would have to -- Chair Sarnoff Chair has to vote in the blind and then subsequently do a motion for reconsideration when we see -- we don't like what we see. Mr. Spring: Well, not necessarily in the blind, Commissioner, 'cause there is a -- City ofMiami Page 51 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Well, we are voting in the blind. There's no two -- Mr. Spring: Well, there is an analysis that does show and we have continued to show that there is a deficit in this department. And we have explained over the last few months -- Chair Sarnoff Yeah, butt know what he's asking for. Mr. Spring: Right. Chair Sarnoff He's asking for a breakdown of personnel in -- Mr. Spring: Right. Chair Sarnoff -- Parks. He wants to see how much you're paying a person to -- Mr. Spring: Right, right. Chair Sarnoff -- run after a child. Is it 101,000 a year? Is it 30,000 a year? Mr. Spring: I assure you, it's not 101,000 a year. Chair Sarnoff I can -- I found four of them at that level. Mr. Spring: That chase children? Chair Sarnoff I know that -- yeah. Yes. The answer to your question is yes. Mr. Spring: I mean, the hiring that we're doing, Commissioner, is of a -- Chair Sarnoff No, not the hiring -- Mr. Spring: -- temp -- part time -- Chair Sarnoff -- you're doing. It's -- Commissioner Gort: The existing. Chair Sarnoff Your hierarchy in Parks -- you have a -- you're a very top -end department. You have a lot of high paid people in Parks that you have yet to address. And I get what he's saying completely, because I don't know if those are the rollback rates, whether that's Civil Service. All I'm saying is when I look at the employee costs andl look that they manage two or three people, I think to myself that's a good position. Mr. Spring: Well, again, the summer hiring are not those individuals that you're speaking of. Chair Sarnoff But you're asking -- but here's what you're doing. You're not really asking us for summer. You're saying come on, Commissioner, trust me. We're running a deficit in Parks. Trust that we're doing a good job in Parks. Andl want to run a summer program. Trust that we're going to do a good job in the summer program. The only person stung up here from the summer program last year was me. And 1.2 million reasons I have to not trust anything in Parks -- and it's not Parks Department. It happens to be South Florida Workforce's -- Mr. Spring: Right. Chair Sarnoff -- problem. My point, I completely get what he's saying on this one, and you City ofMiami Page 52 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 know what? I'm glad he brought up the five-day rule 'cause -- we should have the five -second rule. In five seconds I won't even have what I need. Vice Chair Carollo: Now you like it, huh? Chair Sarnoff All I was saying was we should override it. Mr. Migoya: If you would like, we will look at this in two weeks, and we will not do any funding for fuel or any of the summer programs, and we'll deal with it in two weeks. Commissioner Dunn: Let -- Mr. Migoya: I'm okay with that -- Commissioner Dunn: Chairman. Mr. Migoya: -- if you are. Chair Sarnoff Go ahead. You're recognized, Commissioner. Commissioner Dunn: What -- yes. I just need to know the impact this going to have on the summer programs? I mean, 'cause I don't want to -- Mr. Migoya: That's fair. Commissioner Dunn: -- cut -- I don't want to throw the baby out with the bath [sic]. Mr. Spring: Well, at this point -- Commissioner Dunn: So I -- Mr. Spring: -- we'd have to delay the start of the program, I mean, 'cause we will not -- Mr. Migoya: And we won't have any fuel for the vehicles until we approve this as well. Commissioner Dunn: Now, summer's [sic] program is scheduled to start when? Next week, week after. Next -- week after -- I think school is out June 9, am I correct? Chair Sarnoff We -- what if we voted a $2 million (UNINTET,TIGIBT,F)? Unidentified Speaker: Right. Ernest Burkeen: Ernest Burkeen, director of Parks & Recreation. Chair Sarnoff What if we just (UNINTELLIGIBLE)? Vice Chair Carollo: Exactly. Mr. Burkeen: The summer program start -- scheduled to start June 14. Chair Sarnoff So let me ask you this, because we're a bunch of penny-pinching you-know-whats, what if we just voted you a $2 million expenditure from this -- I don't know. How many million you're asking for. Commissioner Gort: Three point some. City ofMiami Page 53 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff I think it's more than that, but -- that would give you enough money to buy your gas to get your motorcycles going and to start your summer program. Mr. Spring: No. Chair Sarnoff No? Mr. Spring: You want to give me -- Chair Sarnoff My concern is GSA. I don't want anybody running out of gas. Mr. Spring: Okay. So -- Chair Sarnoff My concern is that the police officers have motorcycles in which to capture people. Mr. Spring: -- if you want to approve that, that's 1.5. Chair Sarnoff Well, I'm just saying, that's 1.5 million in my book. Mr. Spring: Correct. Vice Chair Carollo: For the rest of the year. Mr. Spring: For the rest of the year. Chair Sarnoff I got that, but I can't envision somebody showing me a document that shows gas isn't correct or the motorcycle contract's not correct. I could envision looking at Parks and saying what I've seen before, which is like, wow, these guys make how much money. I've seen that. I mean, I've seen those -- I've seen that data. You know, Ernest is welcomed to step up and address me and dress me down if he wants, but I've seen the data. I've seen people who barely get out of the office and may manage two to three people making just under six -- seven -- six figures. Mr. Burkeen: I wouldn't argue that, but I think the other side of that is that those were people who came to this department. Chair Sarnoff Oh, I'm not saying it's your fault. Well -- Mr. Burkeen: No. But the point is they came to this department and they're still here, and some of them are retiring, and that's part of what is taking place. I mean, I inherit a lot of people. Chair Sarnoff Yeah. I know what you're saying, and you're -- and let me speak to you. A lot of people put people in Parks Department that have no place else to go. Mr. Burkeen: That's correct. Chair Sarnoff And you get stuck with them. Mr. Burkeen: That's right. Chair Sarnoff And you have the good sense to keep your mouth shut, like you're doing now. So that's how you survive around here. And all I'm saying is I want to look at -- what's the expression, bodellas? Is that it? All right, I want to look at all the bodellas andl want to see City ofMiami Page 54 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 who stuck you with these people. Vice Chair Carollo: Mr. Chairman, let me help you out. Botellas. Chair Sarnoff Oh, botellas. I'm sorry. Botellas. Okay. Vice Chair Carollo: With a 't.' Chair Sarnoff With a 't.' Botellas. Vice Chair Carollo: There you go. Chair Sarnoff I thought it was bottles, right? Bottles? Okay. Commissioner Gort: Bottles, yeah. Chair Sarnoff I want to see -- Commissioner Suarez: I thought you were saying billboarditas (phonetic). That's whatl thought you were saying. Chair Sarnoff That was the muralista (phonetic) somewhere -- Commissioner Suarez: Oh, I'm sorry. Chair Sarnoff -- in there. But want to see all these people and -- You know, Ernest, no-- I want to say this right. You know, I don't want to delay the start of the summer program, but I'll be straight up with you. I don't know that I'm prepared to create a larger deficit to do the summer program at the size and robust way you want to do it, not when you're running $20.2 million deficit, and you're going to then negotiate with unions in a very aggressive, appropriate manner. This Commission has got to act and seem like it is concerned with every dollar we spend. And get -- I completely understand. Commissioner, you don't run a summer program, your crime rate's going to go up and you're going to have kids that don't deserve getting caught getting caught. I understand the analysis completely. On the other hand, until, like him, I get to look at the entire budget, I'm voting for something I'm trusting to vote for. Mr. Migoya: Mr. Chair, if I may. We, at the Administration, are trying to go department -by -department and analyze what happening, and one of the things we're looking to do and we have promised you and we're promising the unions we're going to do is we're going to surgically look at every department and understand where the over -expenses are, and we are working on that. We started looking -- you asked me yesterday have we started looking at Parks yet, and said no. And we will be looking at Parks, just like we're working -- looking at a lot of the other departments and we're doing department -by -department. Just like you're saying about Parks, you could say that about a lot of different departments. What I'm focused on at this point -- and you know, it's okay either way. You tell me what you -- you know, you guys are the legislative body; you'll tell me what you want to do. All I'm trying to do right now is fund the summer programs, get the fuel for the vehicles, and add a couple of people to procurement to help the purchase orders get done and a couple of people in payroll to make sure that we deal with the backload of the stuff that we're doing. And that is the basic things that we're trying to do today. Some of the other stuff is -- are things that, unfortunately, in order to react [sic] these items, you got to bring them within budget for the deficit. If you want to delay it two weeks, we can, and we'll deal with it. But when you get the phone calls that the programs aren't starting -- I mean, we got a lot of phone calls when I shut down the pools by two weeks in the middle of winter, so -- and we're going to summer program right now. So I'm okay with whatever you want to -- you guys want to do, and the same thing with fuel, so you tell me. But we are working City ofMiami Page 55 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 on trying to figure out where we have the fat in all the different departments, and we are going to aggressively continue to do that. Andl think we've shown in the last couple of months that we are not -- and you know, we're not embarrassed by cutting back where we have to and where we have fat. Whatever else is out there, we're doing it. It takes a while to do it and do it correctly, so that's what we're working on. Commissioner Dunn: Mr. Chairman. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: Kind of to highlight the point and also the necessity for programs that we're talking about, people questioned the teen curfew, andl don't want to -- but it is a issue. I just got this from the Police Department that there was a drive -by shooting by adults with a AK-47. Two kids shot: three -year -old boy in the -- through the chest and a seven -year -old in the arm in my district. So you know, I hear us andl understand, and I'm not trying to mix the two, but there is some type of correlation there in terms of at least making sure that we can have something for the children to participate in and at the same time achieve the -- enough time to look at the budget and see where everything is. I have no problem with transparency, as we've been talking with about with this entire Administration, but I don't want us to penalize the children. If we can achieve both, I'm -- I've just -- we have to try to do what we need to do in order to keep things moving, especially for the summer, and it's fastly approaching, and it's going to be a hot summer, so that's -- I don't know which -- I mean, I'll yield to -- but we've got to have something in place for the parks because that is a -- certainly an alternative, and that's one of the reasons why we've been trying to go outside to solicit funding. We personally went to Mr. Norman Braman and others and there's an effort because we do realize that the City is strap for cash. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: I actually do agree with Commissioner Dunn's concerns. However, it seem like what you were saying, Mr. Chairman, if we allocate sufficient fundings, you know, for the next two, three, four weeks so you could start the program -- Commissioner Gort: Yeah. Vice Chair Carollo: -- and then give us ample time to see the rest of the $3 million, where they're going and so forth, could be a good compromise, you know. Even GSA, with the gas, I'm not saying, you know, I -- again, it'll be crazy for us not to allocate funding for gas and have cars, you know, sitting there, you know, police officers, firefighters -- Commissioner Gort: Yeah, that's all you need. Vice Chair Carollo: -- and so forth. However, maybe we can allocate not the 1.5 million throughout the rest of the year but maybe, I don't know, 250,000? I don't know. I don't know what the number is. But what I'm saying is I think we can reach some type of compromise and, you know, I stated it earlier today. I think you have a Commission then -- all of us are -- up here are very reasonable and we deal in good faith. So you know, in good faith, if you're saying hey, listen, you could vote this. However, we run the risk of having vehicles out there that are not going to be operable; we're going to have a summer program that may start late. Yes. I mean, if you're telling us that, then I think this body is reasonable and will consider it. However, maybe there's some type of compromise we could come up with where it's not the full amount, it's not the $3 million or the 3.1. Maybe it's one million or may -- I don't know what the amount is, you know. And here, you know, I yield to my colleagues. But maybe we could come up with some City ofMiami Page 56 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 compromise until we have the full, you know, backup to the numbers. And let me tell you, what you're seeing up here, with all due respect, get used to it. I mean, when you bring up all these numbers, get used to giving us the backup. I mean, realistically, asking us for all this without having the full backup, to be honest with you, that's lack of preparation because you should already know by this time that we are going to be asking questions. So this is what believe the new normal once again. And I'm taking, you know, the words from the Chairman. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort, you're recognized. Commissioner Gort: Let me ask a question. What they're saying is how much does it takes to run four weeks? And all they're asking for is to come back and let you know what the program is. Mr. Burkeen: I think we had recommended 1.7 to get through the ten weeks. I have -- we'd have to go back and look at what it would take to operate for four weeks, but that would create, of course, a host of problems. Commissioner Gort: Now you're saying 1.7 is for the rest of the year? Mr. Burkeen: For the summer. Chair Sarnoff For the summer program. Commissioner Gort: For the summer. Mr. Burkeen: Summer. For this summer. I need to say this, Commissioner Sarnoff. You know, in the time I've been here, we've added 22 new facilities. None of those facilities have been adequately budgeted for. I mean -- and that has contributed to the deficit, you know. And the more popular the facility is, the more people you have to add and it cost more. Chair Sarnoff No. That's a fair statement. Commissioner Dunn: So let me ask -- Mr. Burkeen, let me ask question in another way. Given the tone and tenor of this Commission and given where I stand as it relates to summer programming, as well as having fuel, what can -- what kind of amendment can you give us that will give us -- you said it would cause problems. I'm trying to figure out how can we achieve both, at least for now on a temporary basis, until we can come back and look at the whole summer? Mr. Burkeen: Well, I think -- you know, in the past we would hire about 300 people for the summer. We're not hiring anywhere near 300. We're talking about 53 to 60 -- I'm sorry -- maybe 100 people at the most. Commissioner Dunn: Right. Mr. Burkeen: Just remember, we're talking about lifeguards and rec aides. But you know, when you tell people that you're going to run a summer program for ten weeks, then those parents are preparing for that program to take place. We instituted a fee this year. First time we've ever instituted a fee. We've never instituted a fee, except for eight sites; this year, all of our sites, so people are paying a fee to offset some of that. Commissioner Gort: I don't think we're saying here we're not going to fund the whole program. I think we going to fund the whole program. We don't have any problem with that. But they City ofMiami Page 57 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 would like to see some backup material, where is the fundings going, who they're paying, and all that. Mr. Burkeen: That's not a problem. Commissioner Gort: All they're asking for is a line item budget. That's all they're asking for. Mr. Burkeen: That's not a problem. Commissioner Gort: So as soon as you have that, the whole thing will go through. Mr. Migoya: If you're talking about a million seven for ten weeks, you're talking about $680, 000 for four weeks. You want to approve 680, 000 for the actual parks, that's -- that would be the piece as it relates to parks. Commissioner Dunn: I would like to suggest -- Chair Sarnoff I actually have a motion, if you guys want, 'cause I'm actually doing some numbers here? Commissioner Gort: Okay. Chair Sarnoff And -- I always hate giving this up. Vice Chair Carollo: You're learning. Chair Sarnoff I'm learning. All right, what about this motion: $750, 000 -- which is more than I think you need -- for the park sum -- for Parks; -- How you use it is really up to you -- $1.5 million for GSA? And the thing I'm scurrying to find -- I know you have a backlog with your procurement. I don't remember what you needed there. Mr. Spring: Two positions, 70 -- sorry. Two positions prorated for the remainder of the year, 73,763. Chair Sarnoff All right, so what if we were to give you $2.4 million? That more than covers what you really think you need. Vice Chair Carollo: However, we need to break down -- Mr. Spring: Yeah. Vice Chair Carollo: -- what categories. Chair Sarnoff Well -- Vice Chair Carollo: I -- Chair Sarnoff So -- right. Fair enough. Vice Chair Carollo: Instead of 2.4, go category -by -category. Chair Sarnoff So 750,000 towards Parks. Vice Chair Carollo: And if you will, if you could go slow so I could -- City ofMiami Page 58 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Sure. Vice Chair Carollo: -- write it down and see exactly what you're asking. Chair Sarnoff Seven hundred and fifty thousand dollars towards Parks, and I think that's found on -- Vice Chair Carollo: (UNINTELLIGIBLE) -- Chair Sarnoff It's the second -- Vice Chair Carollo: -- million? Chair Sarnoff Yeah. It's second page. Mr. Spring: It's page 2, a quarter of the way down. Chair Sarnoff All right, 1.5 million toward -- Mr. Spring: For the exact amount. Chair Sarnoff -- that's on page 1 of General Service [sic]Administration. Mr. Spring: Mr. Chairman. Chair Sarnoff Yes, sir. Mr. Spring: Can we do that to the exact amount 'cause you also have the lease in there? You're saying 1.5. I'm saying -- Chair Sarnoff No. I gotcha. I've (UNINTELLIGIBLE) -- Mr. Spring: -- 1, 527, 500. Chair Sarnoff -- 520 -- 1, 527, 500. Vice Chair Carollo: Five hundred. Chair Sarnoff You just said -- and I still haven't seen it, but -- 73,000 -- Mr. Spring: The purchasing piece is -- Chair Sarnoff Where is that? Chair Sarnoff -- middle of the page 2 of 2. Chair Sarnoff Page 2. Okay, I see it. Seventy-three thousand, seven hundred and sixty-three dollars. I mean, that's a motion I will make. Andl still think you -- Vice Chair Carollo: From where? Chair Sarnoff Oh, I'm sorry. That goes to purchasing. Vice Chair Carollo: Yes. But that money, we're going to get it from what? City ofMiami Page 59 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Spring: I -- the way I would settle off on this -- Vice Chair Carollo: Exactly. Mr. Spring: -- this amendment, I would reduce the appropriations on the revenue side to match - Vice Chair Carollo: "Other revenues"? Mr. Migoya: Take it from "other revenues ". Mr. Spring: We could probably take it from "other revenues". Vice Chair Carollo: I'd rather take it from "other revenues". Mr. Spring: That's fine. And not appropriate -- Chair Sarnoff So that would be from the 2.4 million? Vice Chair Carollo: Right, the two -- Mr. Spring: -- and not appropriate the 1.7. Chair Sarnoff Right. The $2, 411, 097. Vice Chair Carollo: Exactly. That's where it's going to be coming from. Chair Sarnoff And that makes you -- right. Mr. Spring: Before you finalize your motion, Mr. Chair, I'd like to make -- can we also include the non -bottom line swaps, the ones that have no budget impact? We're just moving -- I'm just moving from one department to another. Vice Chair Carollo: You mean the Office of Hearing Boards to swap with Department of Planning? Mr. Spring: There's a number of them. You have -- Mr. Migoya: Some of them are reporting structure issues, like payroll going from ERD (Employee Relations Department) to Finance. Chair Sarnoff In other words -- Vice Chair Carollo: I think we're going to convolute this. I really do. Mr. Migoya: All right, just do that. Don't worry about it, okay. And then, you know -- Mr. Spring: We'll do it later. Mr. Migoya: -- we'll do it later. Chair Sarnoff Do you need an approval from us -- Mr. Migoya: No. Not -- yes, we do. City ofMiami Page 60 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Wait, wait, wait. -- to do a personnel change? I can't believe -- Mr. Spring: Yes, you do. Mr. Migoya: Yes, you do. To change a departmentfrom -- Mr. Spring: Yes. Mr. Migoya: -- to change -- for example, we change payroll from ER (Employee Relations) to Finance. To do that, we not only have to have the approval from you, but we also have to transfer the budget -- Chair Sarnoff All right. I'll tell you what. Mr. Migoya: -- and you have to approve the budget approval. Chair Sarnoff I gotcha. You're telling me he needs it, I need it, all right. I'll make the motion. Seven hundred and fifty thousand dollars goes towards Parks; 1,527,500 goes to GSA; $73, 763 goes to -- Commissioner Gort: Procurement. Vice Chair Carollo: Purchasing. Chair Sarnoff -- Purchasing, I apologize, and that should come from the other revenue category. Two million, four hundred and eleven thousand ninety-seven dollars, that's my motion. Vice Chair Carollo: Motion by Chairman Sarnoff. Is there a second? Commissioner Dunn: I -- well, I -- Vice Chair Carollo: Is that a second? Commissioner Gort: I'll second for discussion purpose. Commissioner Dunn: Yeah. Vice Chair Carollo: Seconded by Commissioner Gort. Commissioner Gort: I mean, don't we have to vote on this whole thing? Commissioner Dunn: Yeah. That's what I'm trying to -- Vice Chair Carollo: No, no. We're voting on -- Commissioner Gort: Only on this? Vice Chair Carollo: -- the motion that the Chairman just made. Commissioner Gort: And the movement from one -- transfers from one department to another? Chair Sarnoff I'm going to make a second motion on that. Commissioner Gort: Oh, okay. This is a separate motion? City ofMiami Page 61 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Yes. Commissioner Gort: Okay. Commissioner Suarez: Second the -- well, he's already second. Commissioner Dunn: Let -- Vice Chair Carollo: I think Commissioner Gort second it. Commissioner Dunn. Commissioner Dunn: I just want to be clear on -- again, I need to be clear on the impact. I have to -- as it relates to what kind of impact this will have on the parks. I just -- I need some clarification 'cause I don't want -- Mr. Spring: Well, I was -- just -- Commissioner Dunn: I'm going -- Mr. Spring: Yes. Commissioner Dunn: Anyone. Mr. Spring: Well, I was going to -- Vice Chair Carollo: Commissioner -- Mr. Spring: -- answer a question -- Vice Chair Carollo: -- Dunn, if you could address the Chair. Commissioner Dunn, I don't think it should have any impact, and the reason why is because we're allocating these funds so they could start the programs -- Mr. Migoya: That's correct. Commissioner Dunn: So this is not -- Vice Chair Carollo: -- and then -- Commissioner Dunn: -- for the permanent? This not the total? Vice Chair Carollo: No, this is not the total. This is to start the program until we meet again; they provide us the information -- Commissioner Dunn: Okay. Vice Chair Carollo: -- and then we continue to fund it. Mr. Spring: Okay. That's whatl wanted to clam. Commissioner Dunn: Is that --? Vice Chair Carollo: And Commissioner Suarez, did you have anything? Anyone else? Any further discussion? Mr. Manager, any discussion? City ofMiami Page 62 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 RE.5 10-00420 Civilian Investigative Panel Mr. Migoya: No, not at -- related to the discussion. Vice Chair Carollo: No? Are you all ready to take a vote then, 'cause I'm going to call the question? 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, WITH ATTACHMENT(S), APPROVING RETROACTIVELY THE CIVILIAN INVESTIGATIVE PANEL'S APPOINTMENT AND TERMS AND CONDITIONS OF EMPLOYMENT OF CAROL A. ABIA AS INTERIM EXECUTIVE DIRECTOR OF THE CIVILIAN INVESTIGATIVE PANEL. 10-00420 Legislation. pdf 10-00420 Exhibit.pdf 10-00420 Cover Memo.pdf 10-00420 Cover Memo 2.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Suarez and Dunn II Noes: 3 - Commissioner(s) Carollo, Gort and Sarnoff Chair Sarnoff All right. CIP, where do you guys stand on -- what's your number? What's the CIP issue? Thomas Rebull: It's RE.5 -- Chair Sarnoff RE.5. Mr. Rebull: -- Mr. Chair. Chair Sarnoff Let's take up RE.5. Mr. Rebull: Thank you. This is an item that results from a matter which took place last year in January of 2009. What happened was the CIP's budget -- the City Commission, in September of 2008, approved the CIP's budget. In January of 2009, the CIP terminated the services of its then -executive director and appointed the then -assistant director to the executive director's position. The CIP had lowered the salary of the executive director, and Ms. Carol Abia filled that role on an interim basis. She assumed all of the duties that the executive director was assuming at the promised rate of the lower rate that we agreed to pay the executive director at that time. At first, the CIP was told that Employee Relations was going to be handling the matter in terms of recognizing her new position, et cetera. And then, several months later, the City Attorney's office opined that the CIP did not have the power without City Commission approval to appoint even an interim executive director, so Ms. Abia, Carol Abia, continued to serve in that position from February until the end of that fiscal year at a lower rate of pay than what had been agreed to pay her. And we're here today because we still need that City Commission approval to pay her for that amount which was accrued in our budget. Andl should say, Tom Rebull. I'm chair of the Civilian Investigative Panel, andl also live at 1818 Southwest 15th Street, in Shenandoah. So I'm here as both chair of the CIP and also as a taxpayer. The funds were City ofMiami Page 63 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 accrued. We actually in that fiscal year didn't spend $50, 000 of our budget; that went back to the City, but my understanding -- and maybe somebody from Finance can explain it better than I can --is that these funds for Ms. Abia, the $19, 500 that she did not receive, was accrued, and then is reflected as a credit on the City -- on the CIP's budget for this year for a salary line item, is my best understanding. I am not a finance person, but that is how it has been explained to me. And so what we're asking is -- now Ms. Abia -- we dot no have an executive director. This is not a request for a salary increase. This is not a request to appoint an executive director. This is simply a request for her to be paid the monies that were promised to her last year out of -- we had the money at the time that we agreed to pay it to her, and so that's the request. Ms. Janet McAliley, one of my co panelists, is here to speak in general in support of the work that Ms. Abia has done and the job that she's performed for the CIP. Under circumstances where from January '09 until today, our budget was cut by more than 50 percent, and you all are painfully aware of all the circumstances that have led to our reduction in staff and everything else. So if it's okay with the Chair, I'll let Ms. McAliley -- Chair Sarnoff Go ahead. Janet, you're recognized for the record. Janet McAliley: Thank you, Commissioner Sarnoff. Tom Rebull has -- oh, by the way, I'm Janet McAliley. My address is 3 Grove Isle Drive, Apartment 807, in the City ofMiami. Thomas explained to you the mechanics of what happened. I want to tell you about the quality of Carol Abia as an employee of the Civilian Investigative Panel and an employee of the City ofMiami. Carol is not only well educated; she has a law degree which she achieved a few years ago from the University ofMiami. She's a very intelligent and able person, but she -- more than that, she is hard-working, the most loyal individual and employee, someone who is so great to work with. She is really deserving of the money that the City owes her. She has never let up in her efforts to make the Civilian Investigative Panel efficient and effective. The City is lucky to have an employee like Carol Abia. And since the money, as we understand it, has been accrued for this purpose, but it needs your approval for her to get this amount of money, small though it is, it's important to her and she deserves it. She is just a tribute to the kind of hardworking people in -- for the City of Miami and she is one of the most outstanding. Chair Sarnoff Thank you, Janet. All right, does anybody want to make a motion on RE.5? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff All right, second for discussion. Let me open it up to a public hearing. Anybody from the public wishing to be heard on RE.5, please step up to the microphone. Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. The Vice Chair is recognized. Vice Chair Carollo: Actually, I second it, you know, so we could discuss it and see what my colleagues thought about it. I'll tell you right now, I'm not crazy about this whole ordeal, the way it happens and so forth. Some of the background information that I saw was that CIP voted to increase the salary of Ms. Abia from 106,000 annually to 135,000 annually. You know, I don't know if they should have done that or -- without knowing for a fact that it needed City Commission approval, you know. So I want to hear from my colleagues, but I second it for discussion so I could hear from all of you. Chair Sarnoff All right. Anybody else wish to be heard on this? Commissioner Dunn: Mr. Chairman. City ofMiami Page 64 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Go ahead. You're recognized, Commissioner Dunn. Commissioner Dunn: I can attest to the fact -- I had the honor and the privilege of working with Carol and on the Civilian Investigative Panel, andl do know that she has worked diligently with the CIP since -- pretty much since its inception. And, you know, I mean, if this is something that's owed to her that my colleagues feel comfortable with, I certainly believe that there's not a more deserving individual than Carol. Andl know that there's been some discontinuity on the CIP in terms of being able to hold meetings, but throughout the tumultuous times she has pretty much remained steadfast. Andl think whatever we can do -- I don't know if the numbers are acceptable, but I know that we need to show some type of gratitude to her. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. My thoughts are kind of similar to Commissioner Dunn's and also kind of -- also in line with the Vice Chair. I think it was important what -- one of the things that Mr. Rebull said, which was that this is not a salary increase. Mr. Rebull: In fact, Ms. Abia has been rolled back to an investigator rate at $85, 000. Commissioner Suarez: That was for the current budget that we -- Mr. Rebull: The current. Commissioner Suarez: -- approved, right? Mr. Rebull: Correct. Commissioner Suarez: 'Cause -- okay. 'Cause we were tough on the CIP generally in terms of that budget. Mr. Rebull: Absolutely. Commissioner Suarez: We cut back the attorney. We cut back, I guess, her salary as well. So what you're saying is this is past monies that from -- were from last budget and that were budgeted, that were approved, and for some reason, she wasn't paid that money? Mr. Rebull: Correct. Because we've had an ongoing -- because the CIP is fairly new, we've had an ongoing issue with interpretations of its authority, and so there was an interpretation made that the CIP did not have the authority, one, to terminate its executive director, or two, to appoint somebody just to fill the spot on an interim basis. And you gotta go back to January of 2009. This was a budget that was approved in September of 2008, as you were pointing out, so - Commissioner Suarez: Yeah. I'm glad you clarified that, Mr. Rebull. I just kind of wanted you to clarify that on the record so that it didn't make it seem like we were now -- Commissioner Dunn: Giving her a raise. Commissioner Suarez: -- authorizing an increase in the salary or anything like that. Andl think that's why you had -- we had talked when you came to visit me about, you know, changing a resolution and the language in the resolution. I support it under those conditions. City ofMiami Page 65 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Rebull: Thankyou. Commissioner Gort: Mr. -- don't go away. I got a couple of questions, which I think is very important, because we're going through a process right now that a lot of the contracts that were signed last year or committed last year, a lot of commitment that were done last year, last Administration -- we're looking at them and we're trying to revise them and change it. So I think it's very important. One question, your former executive director, I believe you have it at a salary of two hundred and some thousand, or something like that? Mr. Rebull: It depends. Commissioner Gort: Or close to it. Mr. Rebull: No. Chair Sarnoff Shirley Richardson -- Mr. Rebull: Ms. Richardson was at 165 when she was terminated. Commissioner Gort: One sixty-five, all right. And then you all fired that, so you had to let -- some funds left from the executive director's -- Mr. Rebull: What happened was that the CIP ended Ms. Richardson's relationship. Commissioner Gort: Right. Mr. Rebull: It then reduced the compensation to 135 and did not fill and eliminated the assistant director position. Commissioner Gort: Right. So commitment were made because you did have it within your budget. Your projection in the budget, you had that committed to salary and -- but this is not -- because the way the language is put in here, it looks like it's an increase of salary, and right now I don't -- I believe we can take that information. So I just wanted to make sure we clarified that and people understand that this is going -- Frank, I mean, you're the attorney. The wording on this might have to be changed, and don't have any problem. Thankyou. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Go ahead. Commissioner Suarez: Just one last thing. I just want to echo something that the Commissioner said because I think what he said was very, very important, and I'm not sure that it was fully -- that it fully came out, which is that the executive director's salary from last fiscal year to this fiscal year has been reduced by half. Mr. Rebull: Well, there is to executive director anymore. Commissioner Dunn: That's not been paid. Commissioner Suarez: Okay. Well, the person who's acting as kind of executive director, the person who is running the show -- Commissioner Gort: Right. City ofMiami Page 66 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Rebull: Right. Commissioner Suarez: -- that person is making half what the prior person who was running the show is making. Mr. Rebull: That's correct. Commissioner Suarez: I think it's significant in terms of the argument that he's making, which is that, you know, reductions in salary, negotiations, promises made, et cetera, et cetera, that the person who's running the CIP now is making 50 percent less than the prior person just a year ago. Mr. Rebull: The CIP -- that's correct. And the CIP has half the number of people working for it that it had. This -- the independent counsel's also making half what he previously made -- Commissioner Suarez: Thank you. Mr. Rebull: -- so it's been 50 percent reduction across-the-board. Commissioner Suarez: I just wanted to put that on the record. I think that was kind of where you were going -- Commissioner Gort: Yeah. Commissioner Suarez: -- Commissioner Gort. Chair Sarnoff Let me just say a couple of things. And Carol, this is not about you. This is not about your worth. This is not about your value. This is some criticism though of the CIP, andl probably have more history with the CIP than anybody sitting up here. Madam City Attorney, correct me if I'm wrong. I was the one that was opposed to this, but I believe that we were required to vote on each line item in the budget for the CIP. Is that correct? Julie O. Bru (City Attorney): I have this in front of me. It -- Chair Sarnoff My -- let me tell you. Ms. Bru: Yes, yes. Chair Sarnoff My recollection. Ms. Bru: Yes. Chair Sarnoff My recollection -- Ms. Bru: Yes. Chair Sarnoff -- I had recommended -- and I don't think it passed -- that we just give CIP a clump of money, so to speak, and you said "No. You've got to approve each line item." So what to my surprise, and maybe that is the way it -- well, I guess that is the way it is. So this board took an action that gave somebody an interim bump in salary without authorization from this Commission. Now, Mr. Manager, did you escrow the $19, 500 so it's safe and secure and it will not affect this year's budget? Your answer you just want to say is no, I think. Diana Gomez: Diana Gomez, Finance director. It was accrued in the prior year. City ofMiami Page 67 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff No. That's not my question. Is the $19,500 escrowed, put aside, outside of our budgetary constraints of this year? Ms. Gomez: It's not escrowed, but yes, it is accrued, which is essentially the same thing. It is not going to affect the 2010 budget. Chair Sarnoff So then you have a residual from the 2009 budget? Ms. Gomez: That is correct. It's called an accrual. Chair Sarnoff Well, maybe you'd have to explain that to me. Ms. Gomez: So when an expenditure relates to a prior year, we accrue for it in the year in which the cost is incurred, even though we have not paid for it until the subsequent year. So what happens is we mark the expenditure in '09, in this case, and then we reverse that into '010, giving a negative expenditure in '010. Therefore, when the actual expenditure happens, it is a net zero effect on 2010. Chair Sarnoff Well, let me be a little more simple than this. Last year, Mr. Manager, how out of budget were we? Carlos A. Migoya (City Manager): How did -- last year we had -- Chair Sarnoff In the red. How much were we in the red? Mr. Migoya: Fifty-nine million dollars in the red. Chair Sarnoff Okay, 59. Did you know that we were 59 million, less 19,500? Mr. Migoya: The $59 million included the $19,000, based on what Diana just said. Ms. Gomez: Correct. That is correct. Chair Sarnoff Right. My point is you didn't save for this. It would still -- this money is still going to be paid from 2010 dollars. Ms. Gomez: That is not really correct. Mr. Migoya: It's -- Chair Sarnoff Well, actually, it is correct. You're just using an accrual system versus an actual cash -- Mr. Migoya: Yeah. From a cash standpoint, it is being paid with 2010 dollars, but it was accrued on 2009 expenses. Chair Sarnoff All right. And if I'm hearing correctly, what happened is the board gave her a salary bump without authorization from this Commission. In other words, nobody brought it to this Commission. And just so this Commission knows the history of the CIP, when they came to us and they wanted to expand their rental premises and they wanted to double their rent and double the size of their premises, it was only one Commissioner that said, "Be careful. I don't think you want to do that because I think you're going to run into budgetary problems." And the response I got from the then -chairman was "Don't worry; I have the votes over you." And they did. You had the votes over me. And low and behold, you moved into your nice, new premise. You did your fix -up there. And sure enough, what happened is now you wish you can get out of your rent premises and you can't. And to be truthful with you, you can't even make rent right City ofMiami Page 68 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 now. You've been three years -- three months, excuse me, behind in rent, and only as of last week did you pay May's rent. So you -- we can play whatever game we want. Someday, very shortly, every employee is going to look us in the eye and is going to say, that's a decision you made that cost us money. And we never had the opportunity to make this decision. Now, I could tell you, quite frankly, I don't think we should make decisions for CIP, but the City Attorney disagrees with me and says, no. You have to look at the entire budget, line item by line item. Just like I don't think we should be picking people to put on CIP because I think once you get subpoena power, you really want to remove the politics that a Commissioner brings to that -- to bear. So y'all can vote how you want. There's no way and no straight face you could tell a taxpayer or anyone else that you're not paying this $19,500 out of 2010 dollars. You are. So as long as you're in the red in 2009, it's coming out of 2010 dollars. You're recognized for the record, Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. The way I interpreted what Diana said -- what Ms. Gomez said, the way I interpreted it is -- and what the Manager said -- was that when we did the reconciliation for 2009 and transferred the $59 million from our reserves to cover that loss, then, in essence, it went into an account, and that money is now sitting in an account for CIP. So it is, in fact, not from 2010. It is from our -- the reconciliation that we did in reserve -- in depleting the reserves for 2009. That's the explanation -- that's how I understood it. I don't know if that's correct. Am I saying it correct or not? That's how I understood what you said. Ms. Gomez: It is correct from an accrual basis standpoint. From a cash basis standpoint, the Chairman is correct, so it'll be paid with current year cash because it would be paid in fiscal 2010. The cash will go out the door during fiscal 2010. But for accounting purposes, for reporting a loss, or being in the current, finding the imposition of the City at yearend, it is in the expenditures offiscal 2009. Commissioner Suarez: But I'm -- Mr. Chairman, ifI may ask her a follow-up question? Chair Sarnoff Yeah, you have colloquy. Please, feel free. Commissioner Suarez: Yeah. I'm confused because what you just said a second ago, maybe three minute -- two minutes ago, three minutes ago was that when we transferred the $59 million, that's cash that we transferred from our reserves, okay, to cover the deficit of fiscal year 2009; that that money was included in that $59 million transfer. That's cash that's being transferred. Ms. Gomez: No, there's no transfer. When you record an expenditure, you record the expenditure. And when the cash gets paid, the cash goes out the door. So the cash was never paid in 2009. The expenditure was recorded, meaning that it is reflected in the fund balance use or the expenditures of 2009. But if you're looking at it from a cash standpoint, the cash did not go out the door, would not go out the door until after yearend. So from 10 on -- 10-1 on, the cash would go out the door, but the accrual, the expenditure is recorded in the previous year. Mr. Migoya: It's in accounts payable. Ms. Gomez: Exactly. Mr. Migoya: Is what it is. Ms. Gomez: Exactly. It just hasn't been paid. The cash has not been paid, so the expenditures recorded -- sorry if I'm not being clear. I don't -- Vice Chair Carollo: Mr. Chairman. City ofMiami Page 69 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff You're recognized. Maybe you can clear it up. Vice Chair Carollo: Maybe Ms. Gomez can bring out T-accounts and we could show debit to the expense and credit to the liability. Ms. Gomez: Exactly. Yeah. Vice Chair Carollo: So, you know, for the future, maybe we should have discussed T accounts and so forth and go that route. That's all have to say. Hey, for once, I'm glad you're explaining the accounting terms and so forth and not me. Chair Sarnoff All right. Anybody else have any discussion on this? All right, let's call the question. All in favor, please say "aye." Commissioner Suarez: Aye. Commissioner Dunn: Aye. Chair Sarnoff No. Commissioner Gort: No. Vice Chair Carollo: No. Commissioner Dunn: Fail. RE.6 RESOLUTION 10-00613 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AN Information INCREASE TO THE SOFTWARE LICENSE AND SERVICES AGREEMENT Technology ("AGREEMENT") WITH ORACLE CORPORATION ("ORACLE"), PURSUANT TO RESOLUTION NO. 08-0128, ADOPTED MARCH 13, 2008, IN AN AMOUNT NOT TO EXCEED $1,276,615 ,THEREBY INCREASING THE TOTAL AGREEMENT AMOUNT FROM $1,501,320 TO AN AMOUNT NOT TO EXCEED $2,777,935, FOR SUPPORT AND MAINTENANCE FOR ORACLE'S ENTERPRISE RESOURCE PLANNING APPLICATION, DATABASE, TOOLS, AND SOFTWARE FOR APPROXIMATELY A THREE AND A HALF (3 1/2) YEAR PERIOD; ALLOCATING FUNDS FOR SAID INCREASE, FROM THE OPERATING BUDGET OF THE DEPARTMENT OF INFORMATION TECHNOLOGY, ACCOUNT NO. 00001.251000.546000.0.0. 10-00613 Legislation .pdf 10-00613 Summary Form.pdf 10-00613 Pre Legislation.pdf 10-00613 Pre Legislation 2.pdf 10-00613 Pre Legislation 3.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-10-0217 Direction by Commissioner Sarnoff to the Administration to provide a report by the next Miami City Commission Meeting that addresses whether or not any labor agreements would be violated City ofMiami Page 70 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 if City employees are required to sign up for direct deposit. Chair Sarnoff All right. RE. 6. Commissioner Gort: What happened to RE.5? Chair Sarnoff Didl miss RE.5? Commissioner Gort: No. We already took that. Chair Sarnoff Oh, we RE.5. Commissioner Gort: We already did, yeah. Chair Sarnoff I think we're up to RE. 6. You're recognized for the record. Peter Korinis (Department of Information Technology): Good afternoon, Commissioners. Peter Korinis, chief information officer. RE. 6 requests an increase in the amount of our Oracle agreement by $1.276 million in order to continue our software maintenance support for the Oracle system for an additional three and a half years at a cost of $365, 000 per year annually. The system supports Finance. It supports Purchasing. It supports payroll. And it supports HR (Human Relations). This will continue the support at the same level that we've had it for the last six years. This particular agreement has been extended and the ceiling raised three times now. This'll be the third time that we've done this. Funds are in the ITT -- Information Technology Department budget. There are no additional consultants that relate to this. You could think of this particular agreement as an extended maintenance agreement whereby the vendor or a co -corporation will fix defects that exist in the product, as well as provide you upgrades, enhancements, and new features within the product, and of course, then warranty and fix any of those that there might problems with. Over the past time that we've had this agreement, we have submitted over 300 requests for fixes and problems that have been resolved and fixed for us by Oracle. Request favorable consideration for this particular item. Chair Sarnoff All right. Is -- let's go with a motion first. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Vice Chair Carollo: Second it for discussion. Chair Sarnoff Second by Commissioner Carollo. Let me open up a public hearing just in the event anybody might say something you might pick up on. Anyone from the public wishing to be heard on RE.6, please step up to the microphone. Hearing none, seeing none, it comes back to the Commission. The Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I think this is the classic example of the previous Administration voting on something and passing it on to us. Andl say that because even though I don't like this, I don't really agree with it, it just seems unreasonable not to vote for it because of the repercussions that it may have. And once again, I think this is one that I'm going to have to hold my nose and vote for. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort, you're recognized for the record. City ofMiami Page 71 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: My question is the additional funding you're requesting, is that for past or for future? Mr. Korinis: It's for the future, Commissioner Gort. We are paid up -- Commissioner Gort: We are paid up to today? Mr. Korinis: Yes, sir. We're actually paid up by, I believe, an additional month beyond today, so this is for the future. Commissioner Gort: This for the future uses of this -- Mr. Korinis: Yes, sir. Commissioner Gort: -- maintenance of software? Mr. Korinis: Yes, sir. Commissioner Gort: And it's going to work a little bit better now? Mr. Korinis: Yes, sir. We've had many fixes done by Oracle. And we've got a team now that are working to fix the additional problems we have with payroll especially, and we're working hard to make those fixes. Commissioner Gort: We need that -- are employees getting trained on the use of the software? Mr. Korinis: Yes, sir. We have provided training in the past. We have additional training that we will offer for anybody when they want it. We have some open training sessions when people can come by and get training that they specifically want, as well as classes. And any organization, department, whatever, that would like additional training, we will arrange it right away. Commissioner Gort: I think we have to because a lot of times when you get new softwares [sic], if people not well trained and the input is not doing the proper input, you get the bad result. What was the --? There's a saying that bad input or something like that for softwares [sic], so -- I think the training is something that's very important. Mr. Korinis: Yes, sir. Chair Sarnoff Anyone else? Mr. Korinis, we purchased Oracle in 2006. Mr. Korinis: We actually purchased it before that. Chair Sarnoff Implementation. Mr. Korinis: The first phase of it went operational in 2006. Chair Sarnoff Did we pay maintenance and support on any of the licenses that we didn't use? Mr. Korinis: We are paying maintenance on the licenses that we've purchased. That doesn't exactly answer your question, but I think we are not paying for any licenses that we are not using. I would have to veri exactly how many licenses because there are different licensing agreements for each product. Chair Sarnoff Well -- City ofMiami Page 72 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Korinis: For example, the Internet products that put the information out on the Internet, how many licenses of those are needed? Chair Sarnoff Actually, it's a little different, my question. For instance, in June 2009 you went live -- correct me if I'm wrong -- with HR, payroll, benefits, employees, civil service. Mr. Korinis: Sure. Chair Sarnoff Were you paying license agreements and maintenance on those modules that you weren't using until you went live? Mr. Korinis: Yes, sir. Chair Sarnoff Why would you do that? Mr. Korinis: When we -- once we started -- once we bought the product and started to implement it, those maintenance agreements take effect. Partly because as you're going through the implementation, you have a lot of problems during the implementation that have to be solved. So it's not just in the use, but it's in the implementation that you uncover problems that need to be fixed by the vendor. Chair Sarnoff Could get a breakdown of the modules that you have and those that you don't use? Mr. Korinis: Yes, sir, absolutely. Chair Sarnoff And is the City paying for modules or licenses that you're not using? Mr. Korinis: When we originally bought the product, there were several modules that after we implemented, we determined were not going to meet our needs here, and we either did not use those or we bought a different module. So yes, there are some that we have chosen not to use because they didn't meet our needs, and I'll be happy to give you a list of those. Chair Sarnoff It's my understanding that if the City required all public -- well, I guess we're all public employees -- but all the employees to have direct deposit and there would be no then need for anyone to have to get issued an actual check, that we could save approximately $135, 000 a year. Mr. Korinis: I believe we have made that calculation. Yes, sir. Chair Sarnoff Why don't we just enforce that? Why don't we just buy ourselves two employees out of that? Why don't we just get a cop and some --? I mean, why don't you just enforce that? Why don't you say -- Mr. Korinis: It -- Chair Sarnoff -- look, it's time for everybody to go live? Mr. Korinis: That would certainly be a policy decision that could be made by the Administration and the board, and we could do that easily. Chair Sarnoff How could this board facilitate you in saving $135, 000 a year that maybe could go to Parks if we justify Parks' budget? City ofMiami Page 73 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Korinis: We could absolutely do that on very short notice. Chair Sarnoff How couldl do that now? Mr. Korinis: Pardon me? Chair Sarnoff How couldl do that now to help you? I don't understand why any employee needs -- Mr. Korinis: If you like, sir, we could give you a complete -- we could give you an analysis and verifi, that amount -- Commissioner Gort: How many --? Yeah. Mr. Korinis: -- and come back to you at the next meeting or in two meetings. Chair Sarnoff I think it's a verified amount. I don't think you and I are haggling over the -- even if it was 130. But my point is you see us struggling up here over issues of hiring two and three people. This is two full-time employees, City ofMiami. Why wouldn't you just require it? Mr. Korinis: We would just look at any labor agreements we might have, any policies that might -- Chair Sarnoff Any -- Mr. Korinis: -- go along with this just to make sure there are no restrictions on forcing everybody to go to direct deposit. Chair Sarnoff Mr. Manager, could you get back to us next Commission meeting with a report as to whether we'd be violating anybody's labor agreement if we require them to have direct deposit? Carlos A. Migoya (City Manager): We will research that and get back to you in next meeting. Chair Sarnoff Okay. Mr. Korinis: IfI might add, Mr. Chair, right now every employee can look on the system in the self-service section and see exactly -- Chair Sarnoff Oh, I know. Mr. Korinis: -- what their last pay stub looked like. Chair Sarnoff And you go on ww (Worldwide) -- I know ex -- I have it right here, printed right here. Any employee could look exactly at how much they've paid in, how much they anticipate to make the rest of the year, and they don't need to print a piece of paper. Yet, by facilitating the few -- and it's under 50 percent -- Mr. Korinis: Well under. Chair Sarnoff -- the City is not saving $135, 000 a year. Andl can't understand how, in the fiscal issues you hear before this board, you just don't enforce that policy. I mean, who are we pushing -- who are we running the City for? The two or three or ten or two hundred that refuse to do direct deposit? City ofMiami Page 74 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Korinis: I support the idea, sir. Chair Sarnoff Okay. Just want to make sure. And you will get back to this Commission -- I don't intend on holding you up, 'cause I feel like I'm dancing on -- in Commissioner Carollo's neck of the woods on accounting. I don't pretend to understand everything in the world about computers, but it's my understanding that about 35 percent of the modules you have you don't use? Mr. Korinis: I will verify, andl'll get back to you on the number of -- Chair Sarnoff It seems -- Mr. Korinis: -- modules and the number of licenses. Chair Sarnoff And it would seem to me, based on the way I know I do business in my law firm, that when I have been a client of somebody or I have a user that I've had for many, many years and I go back to them and say I haven't used this for the last five years, four years, they usually give me a rebate back 'cause they want to maintain my business. Mr. Korinis: Yes, sir. IfI might add, one of the modules that we have not implemented yet is budget, and in fact, we intend to do exactly that to get a -- their new -- Oracle's new budget module and, in fact, get a credit to pay for that new module from the rebate from the old modules we're not using. Chair Sarnoff See, if you had -- sort of be a little more revealing to this Commission, I think they'd feel a little better about the fact that time and time again you come and you say I need to do this andl need to do that and -- look, software needs -- is a huge maintenance issue. You always have to upgrade. You always have to improve yourself. On a city this size, you want to be sort of cutting edge, but -- and nobody wants to see any waste go on. And you know, you're the second person up here -- unfortunately, Mr. Burkeen was up here a little earlier. And we're all looking at efficiencies. Andl happen to think, the end of the day, Charlie's going to be screaming in September at the inefficiencies of this City, andl want him to look at me and say, you know, a couple of times you got it right and a couple of times you forced them to get efficient. Andl want you to be efficient, andl think everybody up here does too. 'Cause if you look at it, your $135, 000 could fund Parks maybe another week, and then we can make a further decision. These are real dollars we're talking about. Mr. Korinis: Sir, I agree with you entirely. We have supported going to direct deposit, and we will do it just as soon as we can, if there's no prohibitions. Chair Sarnoff I hope you heed or hear what the City Commission is suggesting, Mr. Manager. Just because if you don't want to go, doesn't mean they get their way. Mr. Migoya: We'll look to see if we have the right to do so or not. Chair Sarnoff All right. Mr. Migoya: We'll check into that and we'll let know next Commission meeting. Chair Sarnoff Okay. All right, gentlemen, ready to call the question? All in favor, please say "aye." The Commission (Collectively): Aye. RE.7 RESOLUTION City ofMiami Page 75 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 10-00664 District 3- Commissioner Frank Carollo A RESOLUTION OF THE MIAMI CITY COMMISSION URGING THE MEMBERS OF CONGRESS TO INCREASE THE PERCENTAGE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING ALLOWED FOR PUBLIC SERVICES FROM FIFTEEN PERCENT (15%) TO TWENTY- FIVE PERCENT (25%); FURTHER DIRECTING THE CITY OF MIAMI'S LEGISLATIVE LOBBYING TEAM TO ENCOURAGE THE MEMBERS OF CONGRESS TO FULFILL SAID REQUEST; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE ELECTED OFFICIALS AS STATED HEREIN. 10-00664 Legislation. 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-10-0221 Chair Sarnoff RE.4 is a big one. RE.5 is a big one. RE. 6 is a big one. How 'bout [sic] RE.7 -- can we do RE.7, or do you want to wait? Vice Chair Carollo: We can do it. Chair Sarnoff Do it? Vice Chair Carollo: Let's go, RE.7. Chairman Sarnoff All right, RE.7. Vice Chair Carollo: Thank you, Mr. Chairman. This a resolution of the City ofMiami Commission urging the members of Congress to increase the percentage of Community Development Block Grant funding allowed for public services from 15 percent to 25 percent; further directing the City of Miami's legislative lobbying team to encourage the members of Congress to fulfill said request; directing the City Clerk to transmit a copy of this resolution to the elected officials as stated herein. Mr. Chairman, in essence, we receive, as you very well know, CDBG (Community Development Block Grant) funding. However, for public services, we have a cap of 15 percent of whatever CDBG fundings we receive; that public services go to services, for instance, elderly meals, elderly transportations [sic], child care services. And in all fairness, in last year's budget, which we are currently on, we used some general funds monies in order to subsidize some of the 15 percent CDBG funding. However, I don't know if we're going to be able to do that next year. And in all fairness, more than 50 percent of my district is aged 65 or older. They depend on a lot of these elderly meals, elderly transportations [sic]. I also have, as I'm sure we all do, child care services that need to be funded andl do not believe that 15 percent is adequate anymore. I think we should urge for it to be bumped up to 25 percent. Chairman Sarnoff I have a question for you. Vice Chair Carollo: Sure. Chairman Sarnoff Of the entire amount we get, only 15 percent goes to -- Vice Chair Carollo: Public services. City ofMiami Page 76 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff -- public services. That would reduce the econom -- is it economic development, the other one? Vice Chair Carollo: Yes, it would. However, that doesn't mean you that you have to use 25 percent. Chair Sarnoff It's your discretion. Vice Chair Carollo: It's your discretion. Right now we are tied that the most -- the ceiling is 15 percent, so I'm saying raise that ceiling to 25 percent, and that doesn't mean that we have to use 25 percent. Chair Sarnoff Right. Vice Chair Carollo: For instance, maybe in your district, economic development is a little bit more, you know, in need. I'm just saying, you know, instead of capping it at 15 percent or making a ceiling of 15 percent, let's raise it at 25 percent because in a district like mine where elderly meals are extremely important, child care services are extremely important, we could use those monies for those services. Chairman Sarnoff All right, that's a - understood. All right, so RE.7, we have a motion and we have a second. Let me open it up to the public. Does anybody wish to be --? Pamela L. Latimore (Assistant City Clerk): We do not have a motion and a second, sir. Commissioner Suarez: So move. Chairman Sarnoff We don't. I'm sorry. RE.7, we have a motion by Commissioner Suarez, second by the Vice Chair. Commissioner Suarez: For discussion, ifI may, Mr. Chairman? Chairman Sarnoff Before we vote or before we go to discussion, let's just see what the public wants to say. Public hearing is on RE.7. It is the increase of community -- CDBG money for community service, from 15 to 25 percent. You're recognized for the record. Grady Muhammad: Good morning. Grady Muhammad, 5224 Northwest 7th Avenue, president/CEO (Chief Executive Officer) Miami Dade First. Commissioner, I must commend you because this is very much needed. First and foremost, with the services all over this community, it's literally crazy with the needs, especially in our community, in the black community. JESCA (James E. Scott Community Association) goes out of business, we don't get the service, Little Havana Activity Nutrition Centers, Southwest Social Service, 55 and up, Allapattah Business Development. We need this here, andl support it wholeheartedly. But also have a question. Since this is the 36th year of Community Development Block Grant funding, 36th year, Overtown, Liberty City, Little Haiti still looks like the riots, like none of this money that has come here. The City has received six hun -- 360 -- $420 million over the last 36 years; just $100 million from 2000-2010. No jobs was created. Where is the money? No housing was built in Model City. Social service organizations, like Curley's House that got stimulus money, there was none for them. All the other named entities got it. They need it. All of them need it, but what happened with the black community? It's like we bring the census tract or our census tracts, poverty statistic, demographics and density of poverty under the federal revenue sharing under the U.S. census tracts brings this money down, but it recaptured, reallocated, comingled, spent everywhere else, 'cause look at our neighborhoods. City ofMiami Page 77 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Dunn: Yeah, I know that. Mr. Muhammad: All of this money, but again, none of it seems like it has impacted my community. Little Havana got wonderful projects during the real estate boom. Very little of it came to our neighborhoods. I'm very much in support of it and anything can do to help push this and lobby our congresspersons, I will definitely do. Please do not hesitate to call on me. Thank you. Chairman Sarnoff Thank you. Yes, sir, you're recognized for the record. Roy Hardemon: Roy Hardemon, 712 Northwest 62nd. Commissioner Carollo, I really commend you on this. It was a long time coming. I just hope that the County follow through and supports it and move right along with it. You know, I'll echo what Mr. Muhammad says, that we really, really need this in the other Commission [sic], that this need to happen. You know, I see this Commission at this point, from my eyesight, is doing a unity project and you need to keep that unity together, okay. Like I'm here on some other issues, but unity is what I'm looking at, andl see it on this whole dais. Thank you. Chairman Sarnoff Thank you. Anybody else wishing to be heard on RE.7, please step up. Hearing none, seeing none, coming back to this Commission. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I just want to commend the Vice Chairman on his initiative in presenting this resolution. It's something that I've been -- that I've discussed with Community Development from the first day I got elected. You know, in our partic -- in my particular district, I have an incredibly large elderly community, and having the ability to have the discretion of utilizing our federal funds in this manner is incredibly important for our district. You know, community in my particular district, economic development, you know, it's -- sometimes it's hard to quantify when we're giving a dollar to an agency. What kind of development is that really spurring? But it's very easy to quantify when we're giving a dollar to a senior center and they're getting a meal that costs $2, $3, $4, and that's going directly to feed them. And you can see it, and it's tangible. And those are people that have retired, that are living on fixed income, whose, you know, wait -- whose -- the cost of living is going up year after year, gasoline, groceries, electricity, et cetera. So I wholeheartedly, wholeheartedly support this, and anything that we can do in addition to this to get our congressmen to move on this, I'm definitely in support of. Chairman Sarnoff All right. Commissioner Suarez: Thank you, Jorge [sic]. Chair Sarnoff Commissioner Gort. Commissioner Gort: Well, I think it was said, andl commend also Commissioner Carollo. It's something much needed from a long time ago, I mean. And the one thing want to assure everyone here, this new Administration here and this new team you got here, they're going to make sure that every dollar that comes in is going to spend wisely in the community, and each community is going to get their own share. Chairman Sarnoff Great. Commissioner Dunn. Commissioner Dunn: Well, I don't want to be redundant, but certainly, again, applause go to you, Vice Chairman Carollo, and to this entire Commission that has demonstrated your commitment to the development of all of the community, especially in District 5, but all of the districts. And I'm confident that there will be a difference. City ofMiami Page 78 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chairman Sarnoff All right. Commissioner Carollo, I just want to commend you 'cause it would seem out of place ifI didn't. Vice Chair Carollo: Thank you, Mr. Chairman. And in all fairness, I mean, all did was see the need out there and acted on it, bringing it here to the Commission because more than anything, there is a need, especially in these tough financial times, and it shows that we're not out of touch with the community. We see you all suffering. We see what you all need And all did was just, you know, bring it to this Commission so we could act on it. Andl always say action speak [sic] louder than words, and that's why we're doing this. So I appreciate all of your comments, and you know, I say we support this and move forward. Chairman Sarnoff All right. So we have a motion, a second. Any further discussion, gentlemen? Hearing, seeing none, all in favor, acknowledge by saying "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. This Commission will be in recess, going into an executive session. I suspect, followed by that, we will then go into a shade meeting. We should be back out here some time around 3 o'clock. Commissioner Dunn: Mr. Chairman. Chairman Sarnoff Yes, sir. Commissioner Dunn: IfI may, I'm going to -- I'm just so noting that will be calling a press conference immediately after we dismiss. Chairman Sarnoff Where will that be? Commissioner Dunn: Right here in the chambers. Chair Sarnoff Okay. Pamela L. Latimore (Assistant City Clerk): Excuse me, Chair. Chair Sarnoff Yes, sir -- ma'am. Sorry. Ms. Latimore: You need to come back and then recess for the executive session. Chair Sarnoff Can we do it now or --? Julie O. Bru (City Attorney): We have to come back, open up the meeting, and then make an announcement on the record as to going into the executive session for the tort litigation, so we will do that. Chairman Sarnoff I gotcha. We're coming down -- after the executive session, we're going to come down and announce that we're going to have a shade meeting. Ms. Bru: Right. Chair Sarnoff Gotcha. Ms. Latimore: Okay. City ofMiami Page 79 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff So if you want to see us for a brief two minutes and congratulate the Chair or congratulate anyone else, be here around 2 o'clock. Thank you. BOARDS AND COMMITTEES BC.1 RESOLUTION 10-00465 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Ileana M Hernandez -Acosta Mayor Tomas Regalado (Regular Member) Maria Beatriz Gutierrez V-Chair Carollo (Regular Member) 10-00465 PZAB CCMemo.pdf 10-00465 PZAB Applications.pdf 10-00465 PZAB Current_Board_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-10-0222 Chair Sarnoff All right. I think we're up to boards. I guess we're at BC.1, Planning and Zoning boards appeal. Pamela L. Latimore (Assistant City Clerk): Commissioners, this is an item to appoint members to your Planning, Zoning andAppeals Board. And for the record, I just need to state that Chairman Sarnoff appointed a member at last meeting that was ineligible for the appointment, so that now gives him an appointment back. Chair Sarnoff When will this board first meet? What's the schedule of their first meeting? Ms. Latimore: I am not sure of their first scheduled meeting, but the next appointment to this board will be June 10. Applications will be accepted in the Clerk's office until June 3 for June 10 appointment. Chair Sarnoff Well, am I -- I'd like to delay my appointment to June 10 so the person could apply. Ana Gelabert-Sanchez (Director, Planning Department): We are planning on having the first PZAB (Planning, Zoning andAppeals Board) on June 16 and the second on June 30. Chair Sarnoff Okay. All right. So I guess the Mayor has two appointments? Ms. Latimore: The Mayor has two appointments, but he's proffered one name and one name to apply for the next appointment, and that name is Ileana Acosta. City ofMiami Page 80 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff All right. And Commissioner -- I'm sorry -- Vice Chair, you have two appointments. Vice Chair Carollo: Yes. I'm going to appoint one now and then wait till next Commission meeting for my next appointment. The name that I proffer is Maria Beatriz Gutierrez. Chair Sarnoff All right, so we have Maria Beatriz Gutierrez and we have Ileana Acosta. Is there a motion? Vice Chair Carollo: So move. Commissioner Suarez: Second. Ms. Latimore: Excuse me. Okay, she is listed. I'm sorry. I didn't see her listed on here, but she is eligible. Chair Sarnoff All right, so we have a motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. [Later...] Chair Sarnoff All right, now what is your removal? Commissioner Dunn: I wanted to withdraw Ernie [sic] Shiver on the Planning and appeals board. Chair Sarnoff PZAB (Planning, Zoning and Appeals Board)? Commissioner Dunn: Neil Shiver. I'm sorry. Chair Sarnoff PZAB, right? Commissioner Dunn: Yes. Chair Sarnoff All right. Vice Chair Carollo: So move. Chair Sarnoff There's a motion -- Commissioner Suarez: Second. Chair Sarnoff -- by Commissioner -- by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Anybody else have any other board issues? Okay. DISCUSSION ITEMS DI.1 DISCUSSION ITEM City ofMiami Page 81 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 10-00265b Office of Strategic A MONTHLY REPORT ON THE CURRENT STATUS OF THE CITY'S FY Planning, 2010 BUDGET. Budgeting, and Performance 10-00265b Summary Form.pdf 10-00265b-Submittal-Monthly Financial Statement.pdf DISCUSSED Chair Sarnoff All right, where are we? Now we're on -- Vice Chair Carollo: DI (Discussion) -- Chair Sarnoff -- DI] or DI. 1 ? Manager, I think you want to talk about the current status of the City's fiscal year, or do you feel like we've addressed that or --? It's your -- Orlando Toledo (Senior Director, City Manager's Office): I believe the Manager's already addressed that. Chair Sarnoff It's a discussion item. Office of Strategic -- Vice Chair Carollo: He touched upon it a little bit, but -- Chair Sarnoff Right. Carlos A. Migoya (City Manager): I thought we discussed it when we did the proposal, but we would be happy to bring it up again. Chair Sarnoff It's up to you. It's completely -- it's your issue. I just want to make sure you feel like it's been broached. Mr. Migoya: No. Let -- we -- no. We should -- I think it's important enough that we deal with the entire item. Vice Chair Carollo: Go ahead, Mr. CFO. Larry Spring: Larry Spring, chief financial officer. Commissioners, we have provided you with a one page, year-to-date projection as of April 30, 2010 to recap again on the revenue side. Total revenues are expected to be down by 14.5 million in total. IfI go through the categories again quickly, property tax down by 1.7 million, in addition to the trim adjustment of 8 million that we identified in our previous forecast. We expect franchise fees and other taxes to be down by 2.7 million; occupational licenses and permits, 3.3; fines and forfeitures, 1.2; intergovernmental revenues, 34,000; charges for services, 2.7; interest, 381,000; and a positive variance in other revenue of 9.6 million. On the expenditure side, most of -- some -- I'll highlight the larger departments that are in deficit. Again, the department of Neighborhood Enhancement Team, 1.3. And again, that's the same reason from the previous month. It was associated with the moval [sic] -- move out of some of the personnel, as well as the cost associated with Litter Busters that we continue to provide that service. City Clerk, see a net of 5.28 as a negative variance. Most of that is associated -- is the net amount associated with the special elections. She did have a positive variance in salary savings to offset that number -- Commissioner Gort: Question. Mr. Spring: Yes, sir. City ofMiami Page 82 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: On that number, we discussed that that might -- we're recorded by the County to be less -- Mr. Spring: Yes. Commissioner Gort: -- than what they charging us for? Are we going to try to --? Mr. Spring: We're going to -- I'm -- actually, it was one of the questions that was asked. We'll provide you with a detail listing of what that cost is. And on our briefing, we talked about -- when we were talking about the budget amendment, we talked about going to the County and making sure that it reconciled back to what they had quoted us originally, so -- Commissioner Gort: Thank you. Mr. Spring: Yes. Vice Chair Carollo: And Commissioner, Gort, that's something that should be brought up, you know, hopefully in our next Commission meeting when he brings up the item that we just discussed with regards to all the shifts in funds and so forth. Mr. Spring: Right. Vice Chair Carollo: That was one of the questions as far as the City Clerk. Go ahead, Mr. CFO. Mr. Spring: Another large deficit -- and again, it's actually funded in practice -- Finance is showing 909, 000. That's associated with the 16 individuals that we were able to keep on. We have realized the revenue. And when you have -- when we consider the full budget appropriation, we will be replacing the dollars to be able to support those individuals. Information Technology actually had a very large positive variance of just over $2 million, giving us a net -- our net general government is down by just over half a million dollars. The next general category is planning and development. You see a net under budget of 457,000 spread fairly equally between Building, Planning and Zoning. Total public works has a positive variance -- a net positive variance in a category ofjust over a million dollars. The Public Works Department is a great amount under their operating budget based on our forecast, a tune ofjust over $3 million. That positive variance is being offset by the deficit that actually you just dealt with by appropriating the $1.5 million towards -- Commissioner Gort: GSA (General Services Administration). Mr. Spring: -- fuel -- Commissioner Gort: Fuel. Mr. Spring: -- parts, and the motorcycle lease for GSA. Total public safety, $3.6 million as a whole, below budget. I know that -- and a point that wanted to make, you saw a big variance from last month. I think Police was under budget by just under 5.4 -- just about 5.4 million. It's down by 2.8. We're taking a look at the forecast. There was a third pay period in the month of April that, I think, from our smoothing, if you will, kind of offset that, but we will address it in the May forecast. Total other, which includes Public Facilities, Parks and Recs, and Risk Management. Public facility is under budget by -- just under 800, 000. However, as discussed previously, Parks and Recs is over budget by 3.2. That's again the usage of temps, part timers throughout the year, as well as the anticipated dollars for the summer program. And Risk Management is over budget by 3.3. That is all primarily -- that is all associated with the anticipated appropriation of the Wellman settlement that this Commission approved, and they've City ofMiami Page 83 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 actually realized about $2 million improvement in their general operations from March to the current month. We continue -- we see a slight savings or a projected slight savings in our areas of our pensions. I think that's related to the EORT, which is the Elected Officials Retirement Trust. Our contribution seems to have gone down by that 600, 000. The net expenditures are in deficit by 5.2 net of all the positive and negative moves, and the total deficit that we're expecting for the month -- or forecast for the month ofApril is 19.7. That is approximately 500,000 better than the month ofMarch. Vice Chair Carollo: And Mr. CFO, you mean as ofApril -- Mr. Spring: As ofApril 30. Vice Chair Carollo: -- we're forecasting --? Mr. Spring: Forecasting to be -- as ofApril 30, we're forecasted to be half a half a million dollars better than we were forecasted in March Vice Chair Carollo: Exactly. Quick question. A lot of these numbers may change once we do the adjustment that you will be coming back to this Commission for, correct? Mr. Spring: Yes, you will see some adjustment -- yeah, you will see some change in the full consideration that we'll bring back to the Commission. Vice Chair Carollo: So, realistically -- and I'm just going on memory -- one of the adjustments you wanted to do was since Police is way below their budget, you wanted to use $1 million -- Mr. Spring: Million dollars. Vice Chair Carollo: -- from theirs. So then in the future, realistically, we would see that -- it would seem that they are below their budget by less than what they really are? Mr. Spring: Correct, 'cause we -- Vice Chair Carollo: In other words, like right now they're 2.8 under budget. Mr. Spring: And we will be reducing their allocation. Correct. Vice Chair Carollo: Exactly. Mr. Spring: Right. Vice Chair Carollo: So if we reduce it by -- and I'm going on memory. I think you wanted -- Mr. Spring: It was -- no. It was a million dollars. It was a million dollars. Vice Chair Carollo: -- to reduce it by a million to use it somewhere else -- Mr. Spring: Right. Vice Chair Carollo: -- which, you know, I agree. In the future we might see when it's favorable or unfavorable that they're actually under budgeted by 1.8, but in reality they were 2.8. Mr. Spring: Right. Vice Chair Carollo: So some of these numbers may change. City ofMiami Page 84 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Spring: And what we can do to help address that, we can provide a second sheet, maybe a footnotes to say -- Vice Chair Carollo: Yeah. Mr. Spring: -- based on the -- Vice Chair Carollo: Yes. Mr. Spring: -- appropriation change while this -- you know, this budget was performing much better than we use -- Vice Chair Carollo: Exactly. Mr. Spring: -- we use that to offset other department overages. Vice Chair Carollo: Exactly. And l just want to mention that for my colleagues to give them a heads up. And is there any discussion? Mr. Migoya: And I'd like further verification, ifI may, Mr. Vice Chair? Vice Chair Carollo: Mr. Manager. Mr. Migoya: Based on the previous discussion, if you'd like us to give you a complete detail of all the expenses of each one of these departments for the entire year -to -day, we're happy to do so so that you can see exactly how they became under budget or over budget so that we can have fewer -- complete transparency to the items that you were discussing previously, 'cause that's what we're trying to do here with every one of these items. So we need to know that. Vice Chair Carollo: I don't know about the rest of the Commissioners. I, for one, would like that. Mr. Migoya: All right. I'll be happy to. And what we'll do is we'll dedicate a couple of budget analysts full time to you guys so you can be able to go through the screens and be able to look at it. Vice Chair Carollo: The truth of the matter is, whether we do it now or we do it, you know, in August, September, or so forth -- Mr. Migoya: No. You'll have to do them both. Vice Chair Carollo: We're -- Mr. Migoya: You'll have to do it now and in August. Vice Chair Carollo: You know, we're going to end up doing it, so we might as well start getting used to this new normal. Commissioner Gort. Commissioner Gort: I think because of the negotiations we're going through, I think it be very important to show everyone what the new Administration is doing. Mr. Migoya: All I'm saying is -- what you're asking for is individual expenditures of each department, which is fine. It's going to talk an awful lot of time to do that, and we're happy to do so, but I just want to make sure you understand the magnitude of what we're talking about here. City ofMiami Page 85 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 That's all. Vice Chair Carollo: Any other discussion? Okay. Thankyou, Mr. CFO. Mr. Spring: Thank you. Vice Chair Carollo: Thankyou, Mr. Manager. Commissioner Gort: Well, with the present software that we have, it should be a lot easier. Push a button, right? Mr. Migoya: No, no. It's not the software we're talking about. It's the actual item -by -item that you want to see -- Commissioner Gort: No. I understand, but -- Mr. Migoya: -- 'cause you want to see it printed. Commissioner Gort: -- I mean, all that should be in there and just hit the -- Mr. Spring: We have it. It's ready. Commissioner Gort: -- tab and it'll print. Mr. Migoya: Ok, fine. Chair Sarnoff All right. We start with the PZ (Planning & Zoning) agenda. You want to --? Commissioner Gort: Can we take two minutes or? Chair Sarnoff You want to take a five-minute --? Well -- Commissioner Suarez: yeah. Chair Sarnoff -- we never take five-minute breaks. Why don't we actually do a ten-minute break and actually make it ten minutes? Commissioner Gort: Yeah. Chair Sarnoff All right, we're in recess for ten minutes. DI.2 DISCUSSION ITEM 10-00001 b Office of the City DISCUSSION OF PROPOSED COMPROMISE LANGUAGE REGARDING Attorney 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. 10-00001 b Cover Memo.pdf 10-00001b Future Land Use.pdf 10-00001 b Addresses.pdf 10-00001 b Map. pdf DISCUSSED City ofMiami Page 86 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, directing the City Attorney to submit compromise language regarding the Miami River Sub -Element of the City ofMiami Comprehensive Plan to the Department of Community Affairs. Chairman Sarnoff All right, let's bring back, if we can, the Miami River. Horacio Stuart Aguirre: Thank you, Chairman Sarnoff, Mr. Commissioners, Mr. Manager, Mayor Regalado; I know you're listening on the outside, as you're with Ms. Sink. I'd like to ask counselor, Andrew Dickman, to join me at the other podium, if he will. Thank you very much. Horacio Stuart Aguirre, 1910 Northwest 13th Street, Miami, Florida, Durham Park, banks of the Miami River. This is a very exciting opportunity we have here. In and about around 2002, 2003, we were in a building orgy here in South Florida as we were throughout the United States; and maritime, recreational, and commercial properties on the Miami River were at great risk of being thrown into obsolescence and into a black hole, never again to be seen is, and losing substantial numbers of jobs and potential business development on the banks of the Miami River. Today, we've reached what I call a global agreement, something that is the new frontier for the Miami -Dade County and the City ofMiami. Nowhere else throughout our community do we have an opportunity to redevelop a large tract of land, something that is probably, oh, maybe as much as -- oh, considerably more than 15 acres or 20 acres, I would think, counselor, because the Miami River is 11 and a half miles in banks and water frontage on both sides and a substantial amount of land on both sides. We've reached a global agreement that will allow the City ofMiami to end a longstanding war that it has lost three times at the Third District Court of Appeals. We have an opportunity, under the leadership ofMayor Regalado, Chairman Sarnoff, who, for the last three years, have been sponsoring; Commissioner Gort, who's been following the Miami River for the last ten years; and your leadership in the last five months has been incredibly supportive and enlightening. We have an opportunity to go back to the Department of Community Affairs in Tallahassee and say, we've signed a peace agreement, but more importantly than that, far more importantly than that, we have a plan that will allow jobs, that will allow coexistence for single-family recreational neighborhoods, for high-rise neighborhoods, for leisure industries, for restaurants, for ancillary employment centers. We have an opportunity for peace. And before I turn it over to Counselor Dickman, I'd like to thank all the people that played a major role in this: Tomas Regalado, Mayor of the City ofMiami, Marc Sarnoff, Commissioner; Commissioner Gort. Manager Migoya, we thank you for your enlightened help. It would be impossible for me to leave the podium without thanking deputy attorney, Maria Chiaro. Thank you very much for your great help and your leadership in helping put this together. Ana, where are you? Ana, thank you very much, you and your team, with Carmen, were very instrumental. Hal, you played a big role in this and thank you very much. But there are some people here that had been with us in supporting the growth of jobs and development in the River for the last eight years at a great financial cost to them. Richard Dubin, the president of the Miami River Marine Group; Dick Bunnell, a long-standing businessman; Jeffrey Hooper, a long-standing businessman; Brett Bibeau, the executive director of the Miami River Commission. Fran Bohnsack wanted very much to be here, but as director of the port ofMiami, she had obligations that take her away. I have been forgetting many other people who have played on this team. I'll try and remember them in a memo. Andrew, could you leave -- fill in where I left off? Andrew Dickman: For the record, Andrew Dickman. I represent the Miami River Marine Group. I'll be brief. This was very hard, very hard to do. Nothing good comes out of easy work, so I think the fact that it was hard to do is an example of why this is such a good product, and I think it's very progressive. I'm hoping that when we go back to the State, there won't be very many changes. There might be some technical changes, but this will be substantially the same document you see in the public hearing where you will be asked to approve it. So I concur with Horacio and also thank staff and the Manager, and leadership, and the Mayor, and everybody City ofMiami Page 87 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 else; the beneficiaries, the businessmen who will -- businessmen and women who will be actually creating the jobs under this, and they're really the key to all of this. So I thank everyone. Mr. Stuart -Aguirre I have nothing further, Mr. Mayor [sic]. Chairman Sarnoff All right. Any Commissioners have any questions? All right. Maria J. Chiaro (Deputy City Attorney): The only thing we will need is a motion directing us to submit this language to the Department of Community Affairs. Commissioner Suarez: So move. Commissioner Gort: So move. Chairman Sarnoff Motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Gort: Thank you all. Chairman Sarnoff Thank you all very much. Commissioner Dunn: Thank you. Commissioner Gort: Thank you. Mr. Stuart -Aguirre: Thankyou very much. Commissioner Gort: Horacio, you did a great job. Thanks. Mr. Stuart -Aguirre: Thankyou, sir. EXECUTIVE SESSION 2:00 P.M. ES.1 EXECUTIVE SESSION 10-00629 Office of the City UNDER THE PARAMETERS OF F. S. §286.011(8), F.S. [2008]. THE Attorney PERSON CHAIRING THE CITY OF MIAMI COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE PENDING CONSOLIDATED LITIGATION CASE OF: COLINDRES VS. CITY OF MIAMI, CASE NO.: 07-13294 CA 03, PENDING IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, TO WHICH THE CITY OF MIAMI IS PRESENTLY A PARTY. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 2:00 P.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION: CHAIRMAN MARC DAVID SARNOFF, FRANK CAROLLO, WIFREDO (WILLY) City ofMiami Page 88 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 GORT, FRANCIS SUAREZ AND RICHARD P. DUNN, II; THE CITY MANAGER, CARLOS A. MIGOYA; THE CITY ATTORNEY, JULIE O. BRU; DEPUTY CITY ATTORNEY WARREN R. BITTNER; AND ASSISTANT CITY ATTORNEY HENRY J. HUNNEFELD. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON CHAIRING THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. 10-00629 Cover Memo.pdf 10-00629 Ad. pdf DISCUSSED Note for the Record: Upon the City Commission reconvening after its shade meeting, the initial portion of the meeting was not recorded and therefore not transcribed due to technical difficulties. Julie O. Bru (City Attorney): (INAUDIBLE) discuss pending litigation and litigation in the case of Colindres vs. City ofMiami. It is pending in the Circuit Court of the 11 th Judicial Circuit. The private meeting is going to begin at approximately 2: 30, and in attendance will be the Commission Chairman Marc Sarnoff Frank Carollo, Wedo (Willy) Gort, Francis Suarez, Richard P. Dunn; the City Manager, Carlos Migoya, the City Attorney, Julie O. Bru, Warren Bittner, Henry Hunnefeld, and a certified court reporter will be present to ensure that the session is fully transcribed, and the transcript will be made available to the public upon the conclusion of this litigation. Chair Sarnoff Okay, let's go upstairs. Unidentified Speaker: Didn't you just have one? Chair Sarnoff No. We had an executive meeting. Unidentified Speaker: Oh, oaky. Chair Sarnoff Now we have a shade meeting. [Later... Chair Sarnoff Madam City Attorney, do we need to do anything with regard to the shade meeting, or do we just continue with this meeting? Ms. Bru: Yes. PART B: PLANNING AND ZONING ITEMS Note for the Record: Upon the City Commission reconvening, the initial portion of the meeting was not recorded and therefore not transcribed due to technical difficulties. Maria J. Chiaro (Deputy City Attorney): (INAUDIBLE) City Clerk. Staff will briefly describe the request, whether an appeal, special exception, vacation, text amendment, zoning change, land -use change, or MUSP (Major Use Special Permit) and make its recommendation. The appellant or petitioner will then present the request. The appellee, if applicable, will present its position. Members of the public will be permitted to speak on certain petitions. Petitioner may City ofMiami Page 89 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PZ.1 10-00295ac ask questions of staff. Appellant or petitioner will be permitted to make final comments. The Clerk will swear those who wishing to speak. Pamela L. Latimore (Assistant City Clerk): Anyone here who'll be testifying on any of the PZ (Planning & Zoning) items, please stand and raise your right hand and repeat after me. The Assistant City Clerk administered oath required under City Code Section 62-1 to those giving testimony on zoning issues. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE AN ALLEY LOCATED BETWEEN NORTH MIAMI AVENUE AND NORTHEAST MIAMI COURT AND BETWEEN NORTHEAST 17TH STREET AND NORTHEAST 17TH TERRACE, MIAMI, FLORIDA. 10-00295ac Analysis. pdf 10-00295ac Public Works Analysis. pdf 10-00295ac Plat & Street Letter. pdf 10-00295ac Zoning Map.pdf 10-00295ac Aerial Map.pdf 10-00295ac Miami 21 Map.pdf 10-00295ac Letter of Intent.pdf 10-00295ac Application & Supporting Docs. pdf 10-00295ac Survey. pdf 10-00295ac ZB Reso. pdf 10-00295ac CC Legislation (Version 2).pdf 10-00295ac Exhibit A. pdf 10-00295ac CC 05-27-10 Fact Sheet. pdf 10-00295ac-Submittal-Ben Fernandez. pdf LOCATION: Approximately Located between N Miami Avenue and NE Miami Court and between NE 17th Street and NE 17th Terrace [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Ben Fernandez, Esquire, on behalf of Prince Albert, LLC FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval. PLAT & STREET COMMITTEE: Recommended approval on February 4, 2010 by a vote of 6-0. ZONING BOARD: Recommended approval, which failed, constituting a recommendation of denial to City Commission on April 12, 2010 by a vote of 3-3. PURPOSE: This will allow a unified development site. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. City ofMiami Page 90 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0218 Chair Sarnoff All right, PZ.1. Antonio Perez (Planner II): Good afternoon, Commissioners. My name is Antonio Perez, with the Planning Department. This is an alley closure to allow for a unified development site between North Miami Avenue and between Northeast Miami Court and between Northeast 7th Street and Northeast 17th Terrace. The Planning Department recommended approval. Public Works Department recommended approval. Plat and Street Committee recommended approval. And Zoning Board recommended approval, which failed, constituting a recommendation for denial. Chair Sarnoff All right. Let me open it up to a public hearing. Anybody from the public wishing to be heard on PZ.1, please step up. Mr. Fernandez, you're recognized for the record. Ben Fernandez: Thank you, Mr. Chair, members of the board. For the record, Ben Fernandez, 200 South Biscayne Boulevard, here on behalf of the applicant, Prince Albert, T,T C (Limited Liability Corporation), and Mr. Jeffrey Kluger, who is the principal of the T,T C. This property is an entire city block that's located between North Miami Avenue, Northeast Miami Court, 17th Street and 17th Terrace. To give you a better idea of where that is, it is directly west of the Parc Lofts building, which is probably the nicest loft building in the area, one of the most real lofts that exist in the City ofMiami. It's like a New York loft project. And unfortunately, that project is surrounded by the Filling Stations [sic] Loft [sic], which is not yet completed; it's under construction. The Filling Station Lofts block, which is directly south of this, obtained a very similar alley closure, and what we have on this site is really a remnant portion of that alley that runs from 17 Terrace to 17th Street. It is not being used by any service vehicles, emergency vehicles, public service vehicles of any sort. The purpose of our application is to close this alley in order that we can provide better security within the alley area and allow the tenants of our proposed office building -- the property is developed with two independent buildings that comprise approximate 37,000 square feet. They're currently closed. And they were developed as warehouses. This property is close to the FEC (Florida East Coast) railway, so this entire area was really predominated by warehouse -type of uses and that, of course, has changed as a result of the Performing Arts Center coming to the area and new residential projects, like the Filling Station Lofts and the Parc Lofts project. Everything is sort of on hold now with the economic situation the way that it is, and so the owner of this property would like to create an adaptive reuse on this site and turn these existing office buildings, which are really nice art -deco -style buildings, into offices. And that's the exhibit that you have before you here. But of course there's this alley that is only ten feet wide that runs from street to street. Because of its width, it really can't be functional, even if you wanted it to be functional. It's very difficult to maneuver. And it may have made sense at some point as a warehouse, but it doesn't make sense any longer. So we believe that our application meets the test described in Section 55-15(c) of your Code for the closure of an alley. In particular, that test requires you to look, number one, it's a four prong test as to whether or not this would be in the public interest. Well, we believe it certainly would be just by virtue of the fact that it would allow the owner to provide better security for the area residents, particularly those residents of the Parc Lofts project that need to walk their dogs in the area, et cetera. It's going to provide infrastructure improvements to the block. We have a letter from Public Works that describes the list of improvements that we would need to make to this property that we otherwise would not have to make. Because this is an adaptive reuse, we could simply do interior renovations and keep these buildings on the property without making any of the infrastructure improvements that Public Works is requiring us to make, but we're prepared to do those in relation to our replatting and the closure of our alley. The second prong of the test is -- ask you to look at whether or not any public facilities are utilizing the alley in any way, and they're not. Your Public Works recommendation confirms that, as your Planning and Zoning recommendation confirms that as well. The third prong asks City ofMiami Page 91 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 you to look at whether or not there would be any adverse effects on the ability to provide police, fire, or emergency services to the property. Similarly, the Plat and Street Committee has confirmed that there would be no adverse impact on that ability. And then the last question is whether or not there would be a beneficial impact on pedestrian and vehicular circulation in the area. I think the vehicular circulation is not relevant due to the width of the alley. The pedestrian circulation, I think it would certainly have a beneficial impact on the pedestrian circulation. People are going to feel more comfortable walking towards this block once it's improved in the manner that we're proposing and once we can provide the adequate security in the alley that we would like to provide. So I'm here with our project architect, Mr. Lewis, Dean Lewis, and we're here to answer any questions that you have about the project and about the alley. Chair Sarnoff Mr. Fernandez, how -- supposing this Commission were inclined to grant the vacation of the alleyway, how would -- how do we know this will get built? Mr. Fernandez: Well, we have a Class II -- well, we have a plan that's gone to Internal Design Review, which we intend to complete in the very near future. You know, we would -- that's -- we need to control the alley. We need to do something with the buildings. Yeah. The renovation has begun on one of the buildings. So you know, the area is changing, and this is just part of the renovation process. Chair Sarnoff So there's really no way you can make a representation to us that if we vacate the alleyway, that you would in fact go forward with that plan right there? There's no legal way for you to do that. Is that what you're telling me? Mr. Fernandez: No. I think we could make that representation to you, if you're looking for a covenant or something to that effect. Chair Sarnoff I'm looking for you to make a voluntary statement that would bind -- Mr. Fernandez: Absolutely. Chair Sarnoff -- your client. Mr. Fernandez: That's -- the buildings are there and they're going to be renovated. The difference is, you know, the quality of tenant that you can attract by being able to provide the secure premise and being able to provide the additional upgrades that we would do if we could get the alley closure approved. Chair Sarnoff Okay. So with the covenant understood, based on your Class II Permit, which I guess you're making a representation that that's what the inevitable --- Mr. Fernandez: There really is no Class II -- you know, Miami 21 is now in effect; we don't need any -- Chair Sarnoff You're right. I'm sorry. Mr. Fernandez: -- of that, so -- Chair Sarnoff What do they call it now? Mr. Fernandez: It's nothing now. We don't really need nothing to do this project. We just need the alley closure, but we will commit on the record that we are completing the project consistent with this design. City ofMiami Page 92 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PZ.2 08-0021 9ec Chair Sarnoff All right. So would somebody proffer a motion? Commissioner Suarez: So move. Chair Sarnoff Got a motion -- Vice Chair Carollo: Second. Chair Sarnoff -- by Commissioner Suarez, second -- Vice Chair Carollo: Second. Chair Sarnoff -- by the Vice Chair. Any discussion, gentlemen? Hearing no discussion -- oh, let me close the public hearing. Is anybody from the public wishing to be heard on PZ.1 ? Coming back to the Commission, we have a motion and a second. All in favor, please say "aye." The Commission (Collectively): Aye. Mr. Fernandez: Thank you. Chair Sarnoff Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLOSING, VACATING, ABANDONING AND DISCONTINUING FOR PUBLIC USE THE EASEMENTS IN BICENTENNIAL PARK LOCATED EAST OF BISCAYNE BOULEVARD BETWEEN NORTHEAST 9TH STREET AND I-395, MIAMI, FLORIDA. 08-00219ec Analysis. pdf 08-00219ec Zoning Map.pdf 08-00219ec Aerial Map.pdf 08-00219ec Miami21 Map.pdf 08-00219ec Public Works Analysis. pdf 08-00219ec Plat & Street Letter. pdf 08-00219ec Survey. pdf 08-00219ec ZB Reso.pdf 08-00219ec CC Application & Supporting Documents.pdf 08-00219ec CC Legislation (Version 2).pdf 08-00219ec Exhibit A. pdf 08-00219ec CC 05-27-10 Fact Sheet. pdf LOCATION: Approximately Located East of Biscayne Boulevard between NE 9th Street and 1-395 [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PUBLIC WORKS DEPARTMENT: Recommended approval with a condition*. PLAT & STREET COMMITTEE: Recommended approval on June 2, 2009 by a vote of 6-0. ZONING BOARD: Recommended approval to City Commission on March 22, City ofMiami Page 93 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 2010 by a vote of 6-0. *See supporting documentation. PURPOSE: This will allow a unified development site for the previously -approved Museum Park Master Plan. 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-10-0219 Chair Sarnoff PZ.2. Antonio Perez (Planner II): For the record, my name is Antonio Perez, with the Planning Department. These are easements to allow for unified development site for the previously approved Museum Park Master Plan. The Planning Department recommended approval, Public Works Department recommended approval with conditions, Plat and Street Committee recommended approval, and the Zoning Board also recommended their approval. Chair Sarnoff All right, let me open up a public hearing. PZ.2, anybody from the public wishing to be heard on PZ.2, please step up. You're recognized for the record. Elvis Cruz: Elvis Cruz, 631 Northeast 57th Street, secretary, Miami Neighborhoods United. For the record, Miami Neighborhoods United is opposed to the location of these museums in Bicentennial Park because they're a violation of the comprehensive plan. Thank you. Chair Sarnoff All right. Anybody else from the public wishing to be heard? Hearing none, seeing none, come back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort, second by -- Commissioner Dunn: Second. Chair Sarnoff -- Commissioner --I'm -- boy, (UNINTET,TIGIBT,F) again -- Commissioner Dunn: Dunn. Commissioner Gort: Dunn. Chair Sarnoff -- Dunn. I apologize, Commissioner. It comes -- this time of night things happen. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PZ.3 ORDINANCE Second Reading 10-00183Iu AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT City ofMiami Page 94 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-001831u Analysis.pdf 10-001831u Land Use Map.pdf 10-001831u Aerial Map.pdf 10-001831u PAB Reso.pdf 10-001831u CC Legislation (Version 2).pdf 10-001831u Exhibit A.pdf 10-001831u CC SR 05-27-10 Fact Sheet.pdf LOCATION: Approximately 1600 NW 3rd Avenue [Commissioner Richard P. Dunn II - District 5] APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING ADVISORY BOARD: Recommended approval to City Commission on March 3, 2010 by a vote of 8-0. See related File ID 10-00185zc. PURPOSE: This will change the above property to "Restricted Commercial". Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II 13179 Chair Sarnoff All right, PZ.3. Harold Ruck (Planner II): Harold Ruck, with the Planning Department. PZ.3 is an ordinance of the comprehensive -- Miami City Commission on second reading amending the Future Land Use Plan map of the Comprehensive Neighborhood Plan, changing the land use designation of real properties, located at approximately 1600 Northeast 3rd Avenue from major institutional to restricted commercial. Planning Department recommends approval. Planning Advisory Board recommended approval. And on March 25, the City Commission passed on first reading. If there are any questions? Chair Sarnoff Are we seeing our first Miami 21, like, wording? No? Or is this still 11000? Ana Gelabert-Sanchez (Director, Planning Department): No. This is Miami 21. What -- this item came by itself last time and then they were the companion items with the zoning. The Commission defer the zoning, but did not defer the land use. That's why the land use is here back. So by you acting on it, it was that we would need to bring back the zoning that was deferred indefinitely by this Commission. Chair Sarnoff So this is it? We're done right now, but is -- are we deciding this under 21 or City ofMiami Page 95 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 under 11 --? Ms. Gelabert-Sanchez: This is 21 because -- Chair Sarnoff Twenty-one. Ms. Gelabert-Sanchez: -- what this -- this was a change and this change came prior, but it's strictly 21. It was the only land -use amendment that was brought to you. I believe it was the last hearing when all of the them were -- remember, the Commission decided to move indefinitely all the other amendments, but this one was voted, was not defer, and that's why it's in front of you today. And it was, like I said, the only land use. The other ones are the zoning changes. Chair Sarnoff Okay. All right, let me open up a public hearing. Anybody from the public wishing to be heard on PZ.3, please step up. Hearing none, seeing none, coming back to the Commission. Do we have a motion? Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. You're recognized. Commissioner Dunn: Like to move this item. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." Oh, I'm sorry; it's an ordinance. It's an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance is adopted on second reading, 5-0. PZ.4 ORDINANCE Second Reading 10-00316zt AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "HISTORIC PRESERVATION" TO INCLUDE A DEFINITION OF "CULTURAL FACILITIES"; BY ALLOWING THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD TO GRANT EXCLUSIONS FOR CULTURAL FACILITIES AS AN ALLOWABLE USE IN MEDIUM AND HIGH DENSITY MULTI -FAMILY (GENERAL URBAN) ZONES AND TO GRANT EXCEPTIONS FOR PROFESSIONAL OFFICES, BED AND BREAKFASTS, AND MUSEUMS AS ALLOWABLE USES EXCEPT IN SINGLE FAMILY AND DUPLEX (SUB -URBAN) ZONES, THROUGH THE CERTIFICATE OF APPROPRIATENESS PROCESS, WHEN THE RESULT LEADS TO THE PRESERVATION OF A SIGNIFICANT HISTORIC STRUCTURE; PROVIDING DEFINITIONS AND AMENDING SECTIONS 23-1; 23-2, 23-6.1 AND 23-8, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO IMPLEMENT THESE AMENDMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 96 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 10-00316zt CC Legislation (Version 5).pdf 10-00316zt CC SR 05-27-10 Fact Sheet.pdf LOCATION: Citywide APPLICANT: Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow the Historic and Environmental Preservation Board to grant exclusions for Cultural Facilities' use in Medium and High Density Multi -Family (General Urban) zones and to grant Exceptions for professional offices, bed and breakfasts, and museums, except in Single Family and Duplex (Sub -Urban) zones, through the Certificate of Appropriateness process, when the result leads to the preservation of a significant historic structure. 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 13180 Chair Sarnoff PZ.4. Ellen Uguccioni: Good evening, Mr. Chairman, members of the Commission. Ellen Uguccioni, preservation officer with the Planning Department. This is an ordinance on second reading, and we've discussed this with you on second reading. I think this is the third time. And hopefully, we have edited and listened carefully to your concerns and changed things, and hopefully, this will pass. What this does is allow the Historic and Environmental Preservation Board to allow a cultural facilities use in areas that we call "general urban zones, " which are T4 and above. Cultural facilities would not be allowed as an adaptive use in single-family neighborhoods in what used to be R3; what is now T3. We believe that there are properties that will in fact benefit historic properties from a new use in one of those, a cultural use. In this -- we did have -- the Historic Preservation Board heard a case for Warner Place, which you may know is a huge, new classical building that the NET (Neighborhood Enhancement Team) office was once in. And the proposal is to have them Miami Hispanic Ballet go into Warner Place for offices and to do some performance rehearsals and to build an accessory structure which will allow them to, again, do some rehearsals and have some gallery space. And the HEP (Historic and Environmental Preservation) Board, at their last meeting, approved the proposal with conditions. And of course, that approval is contingent on this City Commission's approval of this ordinance. The second part of the ordinance has to do with what used to be called "conditional uses" and what are now called "exceptions" in Miami 21. And in our ordinance that we brought to you before, we included uses for lodging and for private clubs. I know there was discussion about what do we mean by lodging and what a private club could possibly be. I did want to let you know -- and I have said this once before, but I'd like to repeat it -- the four properties that have been allowed a conditional use or an exception by the HEP Board through ultimately the City Commission have been the Villa Paula and -- which was the original Cuban consulate; Villa Woodbine, which is a private club; the Warner House, again pending your approval for offices. Well, that was offices, but pending approval for a cultural use. And lastly, the Hubbard Alvarez Bungalow, which is in Little Havana, and it's being used by a not -for -profit. We have removed those uses to -- the only uses we are asking for the HEP Board to even look at are professional offices, breakfast -- I'm sorry -- bed and breakfast and museums and only in T4 and above. Commissioner Suarez: Move it. City ofMiami Page 97 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff All right, motion by Commissioner Suarez -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. It's a public hearing. Anybody from the public wishing to be heard on PZ.4? You're recognized for the record, sir. Steven Wernick: Steve Wernick, Bilzin Sumberg, offices at 200 South Biscayne Boulevard, on behalf ofMiami Hispanic Ballet. Just wanted to put on record that we are very much in support of this item. Chair Sarnoff All right, any -- it's an -- any discussion, gentlemen? All right. PZ.4, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Uguccioni: Thank you, gentlemen. Ms. Latimore: The ordinance is adopted on second reading, 5-0. PZ.5 RESOLUTION 08-00698ha A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING OR DENYING THE APPEAL FILED BY MIAMI-DADE COUNTY PUBLIC SCHOOLS AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD OF THE CITY OF MIAMI, FLORIDA, WHICH DENIED A TREE REMOVAL PERMIT FOR EIGHT (8) BISHOPWOOD TREES AT MIAMI SENIOR HIGH SCHOOL LOCATED AT SOUTHWEST 3RD STREET BETWEEN SOUTHWEST 24TH AND SOUTHWEST 25TH AVENUES, MIAMI, FLORIDA, AFTER FINDING THE TREE REMOVAL DOES NOT COMPLY WITH THE CRITERIA FOR TREE REMOVAL SET FORTH ARTICLE 8.1 OF THE ZONING ORDINANCE. City ofMiami Page 98 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PZ.6 09-01 200ha 08-00698ha Zoning Map.pdf 08-00698ha Aerial Map.pdf 08-00698ha CC Appeal Letter.pdf 08-00698ha HEPB Reso.pdf 08-00698ha HEPB 01-05-10 Fact Sheet.pdf 08-00698ha Miami -Dade County Landscape Manual.pdf 08-00698ha City of Miami Code of Ordinances Sec. 17-37.pdf 08-00698ha City of Miami Code of Ordinances Sec. 24-49.9.pdf 08-00698ha City of Miami Excerpts from Sec. 8.1 of the Zoning Code.pdf 08-00698ha Proc. Fla. State Hort. Soc. 97, 1984.pdf 08-00698ha HEPB Appeal Letter with Plans & Pictures.pdf 08-00698ha Regina Hagger Email #2 Regarding Protest.pdf 08-00698ha Neil D. Kolner Letter.pdf 08-00698ha Regina Hagger Emails #1 Regarding Protest.pdf 08-00698ha Department of Public Works Notice Posted.pdf 08-00698ha Tree Permit Application.pdf 08-00698ha CC Legislation (Version 2).pdf 08-00698ha CC Legislation (Version 3).pdf 08-00698ha Handed out by Residents.pdf 08-00698ha HEPB 01-05-10 Transcripts.pdf 08-00698ha HEPB 12-01-09 Transcripts.pdf 08-00698ha CC 05-27-10 Fact Sheet.pdf LOCATION: Approximately 2450 SW 1st Street [Commissioner Frank Carollo - District 3] APPELLANT(S)/APPLICANT(S): Luis M. Garcia, Esquire, on behalf of Miami -Dade County Public Schools and Zyscovich Architects FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Denied a motion to approve the appeal of the decision of the Public Works director of a Tree Removal Permit on January 5, 2010 by a vote of 6-3. PURPOSE: The approval of this appeal will allow the removal of eight Bishopwood trees at Miami Senior High School. 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 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL FILED BY 83-93 S.W. 8TH STREET, LLC ("OWNER") AND AFFIRMING OR REVERSING THE DECISION OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD ("HEPB") OF THE CITY OF MIAMI, FLORIDA, WHICH DESIGNATED 83 SOUTHWEST 8TH STREET/729 SOUTHWEST 1ST AVENUE, MIAMI, FLORIDA ("PROPERTY"), City ofMiami Page 99 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PZ.7 09-01464za AS A HISTORIC RESOURCE, AND LISTING OR REMOVING THE LISTING OF THE PROPERTY IN THE MIAMI REGISTER OF HISTORIC PLACES, AFTER FINDING THAT THE PROPERTY MEETS OR DOES NOT MEET CRITERIA (4) AND (5) IN SECTION 23-4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THAT THE OFFICIAL HISTORIC AND ENVIRONMENTAL ATLAS OF THE CITY OF MIAMI BE OR NOT BE AMENDED TO REFLECT ITS DESIGNATION. 09-01200ha HEPB Appeal Letter & Supplement.pdf 09-01200ha Aerial Map.pdf 09-01200ha HEPB Reso.pdf 09-01200ha HEPB Fact Sheet.pdf 09-01200ha Commercial Building Complex Designation Report.pdf 09-01200ha CC Legislation (Version 2).pdf 09-01200ha CC Legislation (Version 3).pdf 09-01200ha CC 05-27-10 Fact Sheet.pdf LOCATION: Approximately 83 SW 8th Street/729 SW 1st Avenue [Commissioner Marc David Sarnoff - District 2] APPELLANT(S): Francisco J. Aguero, Esquire and Gerardo A. Vazquez, Esquire, on behalf of 83-93 S.W. 8th Street, LLC APPLICANT(S): William Edwards, Tenant FINDING(S): PLANNING DEPARTMENT: See Historic and Environmental Preservation Board decision. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Granted the designation on October 6, 2009 by a vote of 6-1. PURPOSE: The approval of this appeal will not designate the properties above as a historic site. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING OR GRANTING THE APPEAL, AFFIRMING OR REVERSING THE DECISION OF THE ZONING BOARD, THEREBY UPHOLDING OR REVERSING THE ZONING ADMINISTRATOR INTERPRETATION DATED DECEMBER 16, 2009, RELATED TO THE ISSUANCE OF A PERMIT FOR OUTDOOR ADVERTISING SIGNS, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. City ofMiami Page 100 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 PZ.8 04-01208 09-01464za ZB Appeal Letter & Supporting Documents.pdf 09-01464za ZB Reso. pdf 09-01464za ZB Backup - Zoning Administrator Appeal Letter & Supporting Documents.pdf 09-01464za CC Fully -Executed Legislation (Version 3).pdf 09-01464za CC Fully -Executed Legislation (Version 4).pdf 09-01464za CC 07-22-10 Fact Sheet.pdf APPELLANT(S): Bob de la Fuente, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of the appeal and uphold the zoning administrator's interpretation. ZONING BOARD: Denied the appeal on March 22, 2010 by a vote of 6-1. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL BY MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ; AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY APPROVING THE CLASS II SPECIAL PERMIT APPLICATION NO. 03-0309, ISSUED BY THE PLANNING DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION, SUBJECT TO THE MODIFICATIONS AS ARE PROVIDED HEREIN, LOCATED AT APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA. 04-01208 Zoning Map.pdf 04-01208 Aerial Map.pdf 04-01208 ZB 10-04-04 Reso.PDF 04-01208 Exhibit A.PDF 04-01208 Class II Appeal Letter.PDF 04-01208 Class II Referral.PDF 04-01208 Class II Final Decision.PDF 04-01208 UDRB Reso.PDF 04-01208 October 4, 2004 ZB Transcript.pdf 04-01208 CC Fully -Executed Legislation (Version 10).pdf 04-01208 CC Fully -Executed Legislation (Version 11).pdf 04-01208 CC 05-27-10 Fact Sheet.pdf 04-01028-Submittal-Mike Sastre.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, Sarnoff, Suarez and Dunn II City ofMiami Page 101 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 R-10-0220 Chair Sarnoff PZ.8. Maria J. Chiaro (Deputy City Attorney): PZ.8 is an item that is before you from -- remand from the Third District Court ofAppeals [sic]. It is a unique circumstance for this City Commission in that the City Commission will be making a determination based on the recordfrom the Zoning Board at the time of the original application. This application has gone through several appellate processes. At this point the second tier review court, that is, the Third District Court of Appeal, has directed that the City Commission's decision must be made only on the record of the Zoning Board. That record has been provided to you now for a month. It is also in your packet. I presume that you all have read that record. I have directed that counsel may speak just as they would at a zon -- at an appellate process related only to the record, so you will be hearing only from counsel for the parties. This, as I said, is a unique circumstance because we have changed the rule in the City ofMiami. Your appeals are now de novo, but the Court has ruled that because of the process in this case, that it is not a decision that's made on anything except the record. You are not allowed to consider any new evidence or testimony, and you may, if you wish, take comments related to the recordfrom counsel, but truly, your decision is to be made only on the record. Chair Sarnoff So you're saying the Third Circuit [sic] Court ofAppeals [sic] has told us -- is that right, Third Circuit? Ms. Chiaro: Third District Court of Appeal. Chair Sarnoff Okay, Third -- sorry. It's Third District Court ofAppeals [sic] -- has told us that we are only to consider the record that was created at the Zoning Board? Ms. Chiaro: That's correct. Chair Sarnoff Okay. Michael Sastre: Good evening, Commissioners. My name is -- Ms. Chiaro: I'm sorry, counsel. And if you wish, you may take comments from counsel of record. That's my suggestion to you. But the limitation is only for counsel of record because, as I said, there is a risk that new evidence will be before you. You can't -- once a statement is made, you can't undo it, so counsel is aware of the parameters of what the presentation is to be. Mr. Sastre: Very briefly on that last point, Mr. Cruz, who has appealed and has been in the appellate process the entire time, would like to speak briefly once I am done. Andl do -- my name is Michael Sastre. I represent -- I'm a resident of Morningside and here on behalf of some affected residents of Morningside, including Rob Stebbins, who, again, has been in the appellate process since this case began. By way of background, this appeal arises out of a proposed 87-foot condominium project, which directly abuts a residential district in Morningside. And by directly abut, I mean it has a 10 foot setback from the property line from the west -- Ms. Chiaro: Mr. Chair, I notice that there's documents being passed out to you. Again, the consideration is only that which is on the record of the Zoning Board. You may not consider any additional evidence. Mr. Sastre: For the record, what is being distributed -- in which I'm sure we will both discuss today -- is the July 21, 2004 final decision rendered by Zoning Department on this matter and -- from which a subsequent appeal was taken. So I think this is within the record andl think it's certainly fair game. City ofMiami Page 102 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Ms. Chiaro: Just so that we're clear, if this is the same document that's in your backup -- Chair Sarnoff This is it, I think. We are done after this. Mr. Sastre: Okay. In any event, on two previous occasions this matter has come before the Commission, and on each occasion it was either rejected or reduced in height to a 35-foot height limit. Originally, under Commissioner Winton and Allen, who spoke as to its failing to meet the requirements of Section 1305 as it existed at the time of application, as well as how it failed to comply with the setback requirements of Section 907.3.2. The case was sent back to Commission, as the City Attorney has indicated, but actually for two things. Number one, we are limited to the record as it existed back in 2004. And number two, we are required to -- or the Commission is required to publish or make findings offact to support its conclusions. They need to be written findings offact, which was the reason -- one of the reasons it was initially reversed under Commissioner Winton and Commissioner Allen at the time, because those findings offact at that time were not reduced to writing, so we've been up and back on appeal. That brings us to the issue at hand, what was presented to the Zoning Board as evidence at the time of the appeal. And initially, you have before you the decision of the Zoning administrator, dated July 21, 2004. That is the only decision that neighbors and affected property owners within 500 feet get notice of. As you all are aware, when an affected decision is made by the Zoning Board, it is distributed and residents within 500 feet are provided notice of that so that they can thereby appeal. And in fact, if you look at the bottom of the document in front of you, the July 21 document, you will see that there's a notice provided that you have 15 days to assert your appeal or if you're an aggrieved individual or person, and that's exactly what Mr. Dickman did on behalf of several residents on July 30 of 2004. And in his appeal, so to speak, his letter to the board or to the City raising the appellate issues, I want to focus on two things specifically that remain true today and will be, I think, crucial to the determination that the Commission's going to make today. Number one, he states that he's going to argue that the section -- that the proposed project violates Section 907.3.2, which is the setback requirement applicable to a proposed building that's going to be built directly adjacent to or abutting a residential district. And number two, he sites generally Section 1300 that this project is violative of the more general terms of Section 1300 and, of course, later on we get into Section 1305.8, and we'll discuss that momentarily. But just to reiterate, we are not here for the 2004 amendments to 1305. We're not here for the matrix analysis. We're here for 1305 as it existed in 2003 and, of course, 907.3.2, which, I will show you, has been in effect with the City since 1990. First, ifI may, I don't think there's any dispute as to the height of this building; that it is in fact slated to be at 87 feet in -- at the -- that's in the packet. That's -- and what I presented to the board is -- it's a schematic drawing, A201, from the July 21, 2004 plans. If the Commission likes, I actually have a stamped in, approved copy with the date stamp on it July 21, 2004, so what I am depicting right now A201. (COMMENTS OFF THE RECORD.) Pamela L. Latimore (Assistant City Clerk): You have to speak on the mike to be on the record. Susan Trench: Susan Trench, by the way, of Goldstein, Tanen & Trench, One Biscayne Tower. I don't believe that that is listed in the agenda as having been presented to -- Ms. Chiaro: The plans were not -- Ms. Trench: -- as part of the Zoning Board -- Ms. Chiaro: -- presented in the Zoning Board. City ofMiami Page 103 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mr. Sastre: I'm sorry. Are you saying that the plans for this building that were approved are not part of the Zoning Board? Ms. Chiaro: They were not part of the Zoning record we have. Mr. Sastre: Well, then, I'm not sure we have anything to decide here. I mean, I think, as a matter of -- I'm not even sure I understand that. The very plans that are for this project that are stamped approved July 21, 2004, is it the City's position, as well as the developer's position, that that is not part of the record in this case? Ms. Trench: It is not -- the developer did not put together this record that was presented to the Commissioners. I believe, if you read all the documents that were at the Zoning Board, these plans were considered by everyone that made a decision at the Zoning Board case -- in the Zoning Board case. It's in all the documents, but the plans themselves were not in the package that you all prepared. Chair Sarnoff So if the board considered them, then let him speak about contextually what they say? I mean, that's how I want to proceed. Ms. Trench: Excuse me? Chair Sarnoff If the board considered them, then let him speak in context as to what the plans say. Ms. Trench: I have no problem with that. Chair Sarnoff Okay. Mr. Sastre: Yeah, just for the record, just so the appellate court is clear too. We're talking about the very plans that are at issue in this entire case for the past six years. I certainly think they're relevant, andl certainly think they're at issue today, and they've been at issue all along. So again, directing your attention to A201, which again, I don't think there's any dispute that this building is 87 feet in height. I'm sure the counsel will agree that it's 87 feet in height. I also don't expect that they will dispute that it is located directly abutting a residential neighborhood in Morningside between 51 st and 52nd Street of that residential district. And with that in mind, I'm going to now show you what is sheet A101 of the schematics prepared by Zyscovich and approved by the City on July 21 of 2004. And Commissioners, what this schematic depicts -- and again, I'm more than happy to show the original stamped, approved plans to the entire Commission, if you want; I'm holding in my hand for the record. But what this sheet A101 of the Zyscovich architecture plan show is the 10 foot setback on the real property line that stretches the entire block from 51st to 52nd Street, and in fact, you can see at the top of it that there are actually two houses that it kind of zigzags in between. There's only a 10 foot setback during this entire zigzag length. And as you will see shortly, that is in absolute and direct violation of Section 907.3.2, which speaks to the required setbacks whenever a building is higher than 40 feet and directly abuts a residential neighborhood, which is the case here. I've now presented to you excerpts of Section 907.3.2. They were presented and argued before the Zoning Board, and they were a part of the initial letter of the appeal, dated June -- I'm sorry -- July 30 of 2004. And as you can see from reviewing and interpreting that section, it provides that where you've got building heights or buildings which abut residential districts and they're in excess of 40 feet, there's an additional height setback which shall be one foot in the horizontal for every two feet in the vertical, and so it's a two -to -one ratio. So if you're -- for example, 87 and a half feet, you are then 47 and a half feet above 40 feet, so you divide that by 2, and you're required to have a 23.5 or 23.75 foot setback, okay. And this project's clearly does not have that at any length, whatsoever, along the rear property line, which again, directly abuts a residential district. So we believe it is in absolute and direct violation of the Zoning Code. In addition to this, you City ofMiami Page 104 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 know, we spoke a little bit about Section 1305 as it existed in November of 2003 when the application was first made in this case. And at that time, of course, the -- Section 1305 contained different restrictive language to protect neighborhoods from adverse effects. And what I'd like to show you specifically is -- give me one second. Section 1300 and 1305 of course provide the Commission with the authority to review the decisions of the Zoning Board and to either reject, approve with conditions, or approve outright, depending upon a number of factors. Section 1305.8 sets forth some of those factor and criterias [sic], which are supposed to be considered particularly where you've got the potential effect in sensitive neighborhoods, i.e. residential districts, historic districts, or other sensitive areas. And included in the potential remedies that the Commission can exercise would be to reduce the height or I think, as I've highlighted here -- Chair Sarnoff Wait, wait, wait. Here. Mr. Sastre: Thirteen zero five, it states that where there are such potential adverse effects, considerations shall be given to special remedial measures appropriate in the particular circumstances, including alteration of proposed design or construction of buildings or any other such remedies as required to ensure or assure that such potential adverse effects are eliminated or minimized to the maximum extent feasible. So the -- in short, what this does is allow the Commission, even in the case of a project which is in complete compliance, which again, I do not believe this one is at all. But even in the case where a project is otherwise in compliance, the Commission has the authority to minimize adverse effects and demand remediation, including in the form of design or reconstruction alterations. And then, finally, again, looking at Section 1300 of the Zoning Code as it existed back prior to November of 2003, the general intent section -- of Section 13 sets forth, of course, what the process of it is in obtaining a special permit and that these Code provisions apply to the use, occupancy, location, construction, design, character, and scale and manner of occupation, with the particular circumstances of each case in the establishment of conditions and safeguards as are reasonably necessary for the protection of the public interest generally and for the protection of adjacent properties. What we are requesting of the Commission in our appeal is really one of two things. To either approve the project with the condition to reduce the height of the project to 35 feet in order to accommodate and minimize adverse effects pursuant to Section 1305.8 or, alternatively, just reject the project outright based on noncompliance with Section 907.3.2. Frankly, I'm not sure how they overcome the latter, since I think it's clearly depicted on the plans, you know, that they have not met the required setback, but again, I'll leave it in the fine hands of the Commission. Chair Sarnoff Thank you. Mr. Sastre: Thank you. Chair Sarnoff You're recognized for the record. Ms. Trench: Susan Trench, again Goldstein, Tanen & Trench, One Biscayne, for the owner and applicant in this case. This is the third time that we are before you on this permit. The last two times, the decisions of this Commission have been reverse, andl think, in part, because they have been -- you all have been misled by arguments made by Morningside that are simply not accurate here. And first of all, I want to clarify one thing. The Third District made clear that for our purposes, becuase this was prior to your changing of your ordinance, you are sitting on this case as an appellate body. You are limited to the record below in what was presented below. And what your standard is is not to look at what was presented below and say, we would have made a different position, or we disagree; we don't think that the Zoning Board was correct. But you are limited to determining whether the Zoning Board based its decision, which was a unanimous decision, to grant this permit by substantial and competent evidence. If that decision was supported by such evidence, then this Commission must affirm that decision. They cannot change it simply because either they disagree or because you wish to impose requirements that City ofMiami Page 105 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 were not in effect at the time that this permit application was processed. If you look at the Zoning Board record that's before you, andl would particularly call your attention to the transcript of what occurred at that hearing and what presentation was made at that hearing by our appellant, who made no presentation on a rear setback whatsoever at that time to the Zoning Board, and you will see that in the record. They did argue it up at the Third DCA (District Court of Appeal) on the appeal, and the ThirdDCA did not accept that argument. And Ms. Dougherty will explain why actually that argument is not even factually applicable here, and that Mr. Toledo in fact was quite correct when he, in the record before the Zoning Board found that when the application came through, it was checked for all zoning standards and everything was fine. That's at page 11 of the transcript. And will let her address that issue in a little more depth in a minute. But if you do look at the transcript and at the records before the Zoning Board, you will find that Planning and Zoning director and staff the Design Review Committee, the Urban Development Review Board, everyone who looked at this -- and they looked at this extensively because as it said in the transcript, normally one of these permit applications that would take a month or two, in this case took nine months to review -- looked at it, worked with the applicant, and ensured themselves that 1305, as it existed at that time, was complied with by this project. And how they did that was they looked at exactly the wording. And ifI -- they used -- can I use your --? Mr. Sastre: Absolutely. (COMMENTS OFF THE RECORD) Chair Sarnoff Can you get -- could you give her the microphone? Mr. Sastre: Oh. Ms. Trench: What you will see in the transcript is that what they all did was look at this particular provision, "where such potentially adverse affects are found, consideration shall be given to special remedial measures," and they list what remedial measures will be looked at. And the testimony that was provided at the Zoning Board hearing -- and in fact, the Zoning Board assistant Planning -- I'm sorry -- director notes is that they worked extensively because originally when they saw this project, which started out at 14 stories, 98 units, and 135 feet, they worked with the applicants and got the applicants to agree to the remedial measures that were necessary to give them all a comfort level and an agreement that it complied with Section 1305. They dropped the floors to eight floors. They dropped the units to 63. And they dropped the height to 87, which was fully in compliance with all of the regulations that were in effect at that time. You'll also see in the transcript that they did consider the surrounding area and they looked at two factors, not only that the side -- the long side borders the back of a residential neighborhood, but the front of the building is on Biscayne Boulevard, a major artery of the City ofMiami, a place where it is not realistic, a place that a building of this size is perfectly appropriate and is commensurate with the community. So they all looked at that, and everybody passed on this application, the Design Review Committee, the Urban Development Review Board, the Planning and Zoning Department. Case law holds -- I can give this back. There is case law on this subject where the Commission comes in or the Zoning Board even comes in and gets a full agreement by all staff that a project complies with everything it's required to comply with and, yet, makes a different decision on their own. Andl would call to this Commission's attention a case involving this Commission, which was Jose Ortega versus Miami -Dade County Board of County Commissioners, which is set forth at 12 Florida Law Weekly, Supplement 209A. You know what, I put his copy down there. I'm sorry, Michael. Chair Sarnoff Can you provide that to both myself and the Commissioners? Ms. Trench: Yes, if you'll give me one minute. City ofMiami Page 106 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Sure. Ms. Trench: My apologies; I said the City Commission and [sic] it is the County Commission. Chair Sarnoff Oh, how could that be binding on us? I'm just teasing you. I'm just teasing. Is this a recorded decision or is this just a Florida Law Weekly? Ms. Trench: No. This is the appellate decision of the circuit court, which is where these decisions are reported. Chair Sarnoff Okay. Ms. Trench: If I can talk for one minute, and then I will give you my copy. This was a rezoning case. And here, the County's professional staff which included the Department of Environmental Resource Management and the County's Department of Planning and Zoning, recommended approval of the rezoning. They had considered all the various potential impacts on the area, neighborhood characteristics like here, the property's current use, and concluded that this particular permit should be granted. When it went up to the County's Zoning Board, the County's Zoning Appeals Board, they actually voted to deny the application for rezoning after they listened to the opinion of area residents who did -- who were not happy with the project. It then appealed up to the County Commission, who also voted 8-1 to deny the application. This Court reversed finding on the second page of this decision. In the instant case, the decisions of both the CZAB (County Zoning and Appeals Board) and the County Commission denying Ortega's application were not supported by substantial competent evidence. The County's professional staff determined that the requested rezoning from agricultural to business will serve the community, will be consistent with the CDMP, and compatible with the area. The staff recommendation -- and this is the critical issue -- which the board and Commission chose to ignore constitutes competent substantial evidence which did not support the decision of the tribunal, which was to deny the permit. They also brought up another interesting fact in this case, which is at -- if you will read Zoning Board hearing transcript, you will find that the appellants did not provide any factual evidence whatsoever to the board at that time. In fact, that provided little, if anything, to the board, to refute the staff findings or anyone else's findings that this was an appropriate permit to be issued. That being the case at this juncture, the Commission may disagree with this decision. The Commission may -- Chair Sarnoff So -- all right, let me ask you a question. Are you saying -- andl mean this in the abstract -- in five people came and they saw a red light and one person came and they saw a green light, this Commission has to believe the five because it's number five? Ms. Trench: I don't believe I really understand. What I'm saying is you have a Zoning Appeals Board -- Chair Sarnoff No. I -- and you're telling me I have to restrict myself to that. But let's say -- Ms. Trench: Yeah. Chair Sarnoff -- for instance, in this record l found evidence that supported a position, but you're saying there's so much more evidence of somebody else's position, I am -- are you telling me you think I'm bound because five people -- Ms. Trench: That's -- I'm sorry. Chair Sarnoff Let me finish. -- say the light is red and one person says it's green, that we should only listen to the five people? City ofMiami Page 107 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Ms. Trench: No, that's not what I'm saying. This has nothing to do with how many people say this or how many people say that. Chair Sarnoff So -- Ms. Trench: It has -- may I finish? Chair Sarnoff -- when you say the -- one of our staff members made a comment this was compatible, or whatever it is they said, but a citizen comes in and says it's not, we're not allowed to consider that? Ms. Trench: Not at this level -- Chair Sarnoff But if it was said -- Ms. Trench: -- for this appeal. Chair Sarnoff -- at that board level, you're telling me we can't consider that? Ms. Trench: Well, you can consid -- no, you cannot consider that. Chair Sarnoff Why? I just asked you a moment ago, if five people said that the light is red and one person said it was green, you said you could consider either one. Now just because the staff came up with a recommendation but a citizen came up and said no, this is not the way it is, why can't llisten to that citizen? Ms. Trench: Because the issue is what the level of review and what the standard of review is for you at this point. Chair Sarnoff Right. Ms. Trench: Your standard of review right now is you are only sitting as an appellate body -- Chair Sarnoff Right. Ms. Trench: -- to look at a decision that was made by the Zoning Board Chair Sarnoff To see if there is competent and substantial evidence. Ms. Trench: Absolutely. So what you look at is only -- you know, they were empowered to make this decision. You are only empowered to review it to see if they complied with what they were supposed to do when they made that decision. And if they made that decision following traditional appellate law on competent substantial evidence, you can't come in and say, well, I think they had good evidence too andl would have decided it that way. That is not what you're empowered to do. Chair Sarnoff I can't substitute the opinion or my opinion for their opinion? Mr. Sastre: May I be heard on that point -- Ms. Trench: That's correct. Mr. Sastre: -- at some point? Yeah. I think there's been a gross misstatement of the law in what your review authority is. City ofMiami Page 108 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Ms. Trench: Excuse me. Mr. Sastre: I think just want to be for the record that this is a misstatement of the law that this whole discussion's been having. Please proceed. I'm sorry. I'll address -- Chair Sarnoff No, no. Mr. Sastre: -- it on rebuttal. Chair Sarnoff Let me -- I like -- Mr. Sastre: Well -- Chair Sarnoff -- to get my law right. What do -- Mr. Sastre: -- let me -- Chair Sarnoff -- you think the law says? Mr. Sastre: -- get it very short and sweet, andl know these folks are very familiar with it, with the cases of city of Deerfield Beach versus Vaillant and Dade County versus Omnipoint. Your -- on this level of review, you look at three things. You don't just look at substantial competent, and I didn't argue substantial competent. There are three things you look at. And am not arguing competence substantial evidence because competent substantial evidence means a scintilla, means some evidence -- I'm not arguing that. I'm arguing that there is a departure from the essential requirements of law; that the law was incorrectly applied at the Zoning Board; that for whatever reason, they misapplied or overlooked or just dismissed out -of -hand the entire setback issue. Andl think it's clear as the light of day -- and you haven't heard any argument on that. But I think it's clear as the light of day that there's a 10 foot setback and that this project does not comply with that. So just to be clear, I'm not saying that there's not some evidence in favor of the developer. There is some evidence. So that's why I'm not making a competent substantial argument. I'm making a departure from the essential requirements of law or the misapplication of the law by the Zoning Board. Chair Sarnoff Okay. Thank you. Ms. Trench: If he is making that argument, let me say that, that argument would have been an argument to have been made back in November of 2003 when our -- the Zoning official approved and confirmed that this complied with all applicable zoning and then put it through the Class II Permit process. He had a right to appeal that decision at that time. It was never appealed. So even if he wanted to raise that issue -- and again, Ms. Dougherty's going to address why that isn't even factually a proper issue. But had he wanted to do that, it was untimely because he didn't raise it at the time it probably should have been raised if he thought it would have been successful. I'm going to let Ms. Dougherty address that issue now. Chair Sarnoff I'm going to give you two minutes. I'm just teasing. Lucia Dougherty: I only need one. Chair Sarnoff Okay. Ms. Dougherty: Again, I just want to reiterate what Susan just said. In November of 2003, the Zoning administrator made a determination that it complies with all the zoning requirements. At that time it should have been appealed if there was an issue about the -- and within 30 days of City ofMiami Page 109 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 that decision, if there was an issue about what the zoning -- whether or not this -- Chair Sarnoff All right. Just stay right there for a minute. Does Morningside get notice of the Zoning administrator's decision? Ms. Dougherty: Not at that time, no. Chair Sarnoff Well -- I mean, this board has done this many times. And I know Commissioner Suarez has brought this up. How are you supposed to appeal something when you don't know the results of the findings and conclusions? Any rate, as long as it's clear that he could not and did not know about the Zoning administrator -- Ms. Dougherty: He could have known. He didn't know -- I mean, I don't know if he could or didn't know. Chair Sarnoff Did we publish it? Do we get it out there? Do we put people -- Ms. Dougherty: No. Chair Sarnoff -- on notice? Ms. Dougherty: I have no idea whether -- Chair Sarnoff I'm sure you would -- Ms. Dougherty: -- they knew or didn't. Chair Sarnoff -- concede with me that notice is a primary procedural requirement of any due process argument that anybody can make. Whether you get substantive due process, you must have notice and the opportunity in which to address the substance. Ms. Dougherty: If may? Chair Sarnoff Do you agree with that? Ms. Dougherty: The -- in the general terms, yes -- the appellant, the appeal that he made says Section 7 -- 907.3.2 of the City's zoning ordinance requires additional setbacks for projects built higher than 40 feet when abutting a residential zoning district in the rear. This does not abut a zoning district in the rear. In other words, this is a project between 51 st and 52nd on Biscayne Boulevard, and your Zoning Code has a definition at that time for the front yard. The front yard is the smallest zoning -- the smallest lot line in the project -- in the lot, so that is not a rear yard. There is no rear yard. In fact, the Zoning administrator for years have determined that there is no rear yard when you're on three streets. So this is not a rear of a zoning district and, therefore, it is not applicable. Chair Sarnoff I -- Unidentified Speaker: (UNINTELLIGIBLE) setback from the plans themselves. Ms. Dougherty: Those plans, themselves, that they determine -- Mr. Sastre: What did they apply? Ms. Dougherty: -- that they're showing, it says -- City ofMiami Page 110 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff So the rear -- Ms. Dougherty: -- a side setback. Chair Sarnoff -- of the project is not the rear of the project? Ms. Dougherty: There is no rear of the project under the Zoning Code in 2003. Mr. Sastre: What about the neighbor's homes, though? Chair Sarnoff Know what -- so in this project, there's no rear, right? Ms. Dougherty: At this project, it complies with the law -- Chair Sarnoff No. That's not -- Ms. Dougherty: -- that existed at the time. Chair Sarnoff Answer my question. Ms. Dougherty: And the answer is that is a side yard setback that they believe is a rear, and it's so noted on that plan -- Chair Sarnoff So -- Ms. Dougherty: -- as a side yard setback. Chair Sarnoff -- this project has no rear? Ms. Dougherty: This project has no rear -- Chair Sarnoff Okay. My wife would like to know that. Ms. Dougherty: -- as many of the projects at that time didn't have a rear. Chair Sarnoff Have no rears. They had all sides. Ms. Dougherty: And by the way -- Chair Sarnoff Was there ever a project you saw that had only fronts? Ms. Dougherty: As a by the way, you, after this project was approved, designated Biscayne Boulevard as always being the front. It never was the front before as well. In other words, in 90 -- SD-9, the City Commission, sometime later, designated Biscayne Boulevard to be front of all the yards because it wasn't before. In other words, the definition of a front of a lot is the shortest lot line at that time. Chair Sarnoff So subsequent to your application -- Ms. Dougherty: Correct. Chair Sarnoff -- this Commission designated Biscayne the front? Ms. Dougherty: Correct. City ofMiami Page 111 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff But that would -- your project predates that? Ms. Dougherty: Correct. Chair Sarnoff Okay. Only our Zoning Department could have no rears. When I look over there, you all look like you have rears, though, to me. Mr. Sastre: Shouldl address this point briefly? Chair Sarnoff Well, I want to make sure she's done. I want to make sure Ms. Dench [sic] is done. Lucia, were you done? I didn't mean to cut you off. Ms. Dougherty: Wouldn't be the first time. Chair Sarnoff Probably won't be the last time. Ms. Dench [sic], are you done? Ms. Trench: Finished. Chair Sarnoff Okay. I'm going to give you a quick rebuttal. Mr. Sastre: Real quickly. I don't know what other part of this plan would be the rear. It clearly is abutting rear residential property lines and, you know, in which case, again, direct to 907.3, but this time point 1, which is the rule concerning setbacks where you've got abutting lots having different zoning designations. In this type of case, the most restrictive condition applies to all development on both sides of the district boundary. Andl don't know I've got 907 -- Chair Sarnoff What are reading from right there? Mr. Sastre: That's 907.3.1. Chair Sarnoff Can I just see that? Mr. Sastre: So again, respectfully, I believe there is a rear to this project, and you know, I don't think it's what you label something on a drawing to try to get around a zoning regulation; you have to look at the whole of the project and what's really going on on the site, andl think it's pretty clear from the drawings what's really going on on this site. Moreover, it directly abuts a residential neighborhood. Moreover, it directly abuts the side and the rear property lines of the two homes, and you actually see the delineation of the two homes where the zigzag occurs at the top, so it's abutting a rear yard, that's for sure, and it is involving two different zoning areas, one of course being the residential neighborhood ofMorningside and the other being whatever Biscayne Boulevard was zoned at that time. Mr. Cruz: Mr. Chairman. Chair Sarnoff Mr. Cruz, I'll give you two minutes if you restrict yourself to the record. Mr. Cruz: Oh, I absolutely will restrict myself to the record. I'd like to reassure -- Chair Sarnoff Two minutes, Mr. Cruz. Mr. Cruz: -- the City Attorney. Thank you. First of all, I'd like to point out, as I mentioned at -- final decision that was handed out, you notice the highlighted portion at the bottom about notice. This is an appeal, and we're -- we can only talk about due process, lack of substantial competent evidence, and departure from the essential requirements of law. When this came to the Zoning Board on October 4, 2004, a bizarre episode took place. Within a minute of our attorney City ofMiami Page 112 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 beginning to speak at this very podium, Attorney Dougherty called for a motion to dismiss, and that became the discussion. And three of our four arguments were dismissed by the Zoning Board without us being able to give our full discussion. I have the DVD (Digital Video Disc) if anybody wants to see it. That is why our plans were not submitted into the record by our side because we were precluded by doing so because, for whatever reason, the Zoning Board approved a motion to dismiss the argument. I've never seen it before or since. Additionally, ask yourselves, as Commissioners, was due process served when an application goes before the Zoning Board on appeal and the Zoning Board is not given the plans by the City itself for them to review? Lastly, Attorney Dougherty tries to argue that we should have appealed the Zoning administrator's decision when it was rendered. You stole my thunder, Commissioner Sarnoff. What we received on notice is what I handed out, and that notice very clearly states the rights of the public to appeal. It's when we received that notice that we appealed. The concept that an internal decision can be made within the Planning Department with no knowledge whatsoever on the part of the public and, yet, we are expected to somehow magically divine that and know about it and appeal is preposterous. Thank you. Ms. Trench: May I have one -- Chair Sarnoff If it's directed -- Ms. Trench: -- 30 seconds? Chair Sarnoff -- to what he said, yes. Ms. Trench: Absolutely. Chair Sarnoff Go ahead. Ms. Trench: The motion to dismiss had nothing to do with their ability to present anything that they wanted to present on this issue here. It had to do with them trying to impose the new requirements on this permit that had been processed before those new requirements went in. Second of all, if you read the transcript, the plans were given to the Zoning Board, and you will see that. I don't know why they were not in the record prepared here, but the plans were -- excuse me. Excuse me, sir, but -- Unidentified Speaker: You're accusing -- Ms. Trench: -- could you not point while I'm on speaking? Chair Sarnoff Go ahead, finish. Ms. Trench: The plans were given. They had everything. All of these boards had everything, and unanimously found this in compliance. And this argument now at this point is wrong and it's just an after -the -fact attempt to change that. Mr. Cruz: Mr. Chair, rebuttal. Chair Sarnoff No. No more. Well, to me the due process argument is a nonstarter. Due process begins at the moment that somebody has notice that a decision has been made, and the clock starts to run from there. In order to have any kind of substantive due process, you have to have procedural due process. So the argument made by counsel that somehow there was a waiver, I don't think would stand up in any court system, let alone our court system. And this has been a contention I've had for many years with our Planning Department and Zoning Department, that Zoning administrator's decisions are simply not rendered public and thereby precluding the public from having the opportunity to know what that determination is and City ofMiami Page 113 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 thereby appeal it, should it be needed. So I don't see how any court or any logically minded judge could ever find that a person that doesn't have knowledge of a decision suddenly should have appellate rights and for them to be exhausted as a result of their failure to do something within a stated time. As to the record itself, I don't think this Commission loses common sense when it's up here. And if you look at 907.3.2, 907.3.1, if you look at 1300 and 1305, you can call a back a front, a front a back. But if you read 907.3.2 carefully, it tells you to go to the least restrictive, and if it gets pretty clear that there are no setbacks that are properly before this -- before the Zoning Board at the time, andl suspect that was in 2004. So I do think they departed from the essential elements of law by failing to have a setback, especially in a setback that is abutting probably -- I think it's Miami's largest historic district and that's Morningside. So what I'd like to make is a motion to deny the appeal but approve the building with the 35-foot height limit. Andl am convinced the better way to deal with this is to impose a 35-foot limit, which would take care of the setbacks. I don't think that this project satisfies the 1305 design criteria. I don't think it does based on the record before the Zoning Board. And think in the context of this neighborhood and the context of a 90-foot wall that is directly adjacent to a single-family home, I just fail to see how anybody didn't see this as departing from the essential elements of the law at that Zoning Board. So that is my motion. Vice Chair Carollo: There is a motion by Chairman Sarnoff. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone opposition have same right to say "no." Motion passes unanimously. Ms. Latimore: As modified Vice Chair Carollo: As modified Thank you. MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 DISCUSSION ITEM 09-01453d DISCUSSION REGARDING THE STATUS UPDATE ON THE PENSION AND UNION NEGOTIATIONS. 09-01453d Discussion Page.pdf DISCUSSED Chair Sarnoff Lets -- if we would, why don't we take care of the personal appearance. Is Mr. Talbert here? Or was that his personal appearance, that he gave that speech? Commissioner Suarez: I hope so. Mayor Tomas Regalado: Sorry? City ofMiami Page 114 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff I was going to let Bill Talbert have his personal -- Mayor Regalado: I think he did the personal appearance. Chair Sarnoff Was that it? I just -- you know what? That's a good personal appearance. Mr. Mayor, do you want to be heard for your items first? Mayor Regalado: I only have, Mr. Chairman, a report to you and the members of the Commission on what is in the agenda, which is the labor negotiations and the issues. It's a report that I'm [sic] forwarded to all of you. And if you have the time now, I can -- Chair Sarnoff I'm just trying to figure out where -- are -- we're on -- I'm looking in the agenda. You know where you are in the agenda? Vice Chair Carollo: I think it's -- Mayor Regalado: Yeah. Vice Chair Carollo: -- item -- his -- Chair Sarnoff Let me know the EM (Emergency) number or -- Commissioner Gort: The Mayor -- you're looking for the Mayor's presentation? Vice Chair Carollo: Yeah. Chair Sarnoff Yeah. Vice Chair Carollo: Mayor's discussion, M.1. Chair Sarnoff Oh, I'm sorry; EM.1. No. EM.1 is not -- Vice Chair Carollo: No. M.1, page 34. Mayor Regalado: Right. Chair Sarnoff Thirty-four. Okay, you're recognized for M.1 on page 34. Thank you. [Later...] Chair Sarnoff Moving on to the Mayor's M.1 on page 34 you said? Vice Chair Carollo: Yes. Chair Sarnoff Thirty-four. Vice Chair Carollo: Page 34. Chair Sarnoff You're recognized for the record, Mr. Mayor. I apologize. You know what -- weird is, on my page 34, I don't have anything. Mayor Regalado: Okay. Well, page 34, I don't have me either, so -- Chair Sarnoff I was going to say I think we have the same agenda. City ofMiami Page 115 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Mayor Regalado: But -- Chair Sarnoff That's why I was a little confounded. You're recognized for the record, Mr. Mayor. Julie O. Bru (City Attorney): I have it on page 30. Chair Sarnoff And -- okay. Mayor Regalado: Okay. Vice Chair Carollo: I have it on page 34. Chair Sarnoff I hope we have the same agenda, gentlemen. Mayor Regalado: Yeah, because now it [sic] easy. It would be difficult Chair Sarnoff Right, I agree. You're recog -- I have you on page 30. If it's on the Vice Chair as page 34, it is M.1. It's a discussion regarding the status of the update of the pension and union negotiations. Mr. Mayor, you are recognized for the record. Mayor Regalado: Thank you, Mr. Chairman, Mr. Vice Chair, Commissioners. The following is status update on the labor negotiations between the City ofMiami, and it's for collective bargaining units. The City is currently in negotiations with all four labor unions, and the Department of Employee Relations will provide future updates as progress is made. Actually, we have an executive session at noon today where more details will be discussed. For your information and the people ofMiami, the City ofMiami team has held two bargaining sessions with IAFF (International Association of Firefighters) Local 587 since we invoke Florida Statute 447.4095. The most recent session was held on Friday, May 21, 2010. As of the date of this memorandum, today, the City is waiting for IAFF Local 587 to propose additional meeting dates. For your information, as you all know, Florida Statute 447.4095 provides for a 14-day negotiating period from the date that the statute was invoked. Expiration of this negotiation period in past is deemed to have occurred. The negotiation period expire last Tuesday, May 25, 2010. In addition, Local 587 sought to enjoy [sic] the City from bargaining under Florida Statute 447.4095 by filing a motion for a temporary injunction with the 11 th Judicial Circuit. At the May 20, 2010 hearing, Judge Ronald Dresnick denied Local 587's motion and also denied a motion for a permanent injunction. The City ofMiami and FOP (Fraternal Order of Police) Miami Lodge 20 are currently scheduling dates to begin these talks. The City ofMiami and AFSCME (American Federal, State, County, and Municipal Employees) Local 1907 held their first bargaining session on Monday, May 24, 2010. At this bargaining session both parties agreed on the language contained in some of the standard contract provisions. The parties are in process of scheduling future sessions. Now the City ofMiami contact AFSCME Local 871 on several occasions to schedule bargaining sessions. As of today, AFSCME Local 871 has not responded. The City has offer multiple dates in June and is willing to proceed with negotiations upon confirmation from Local 871. This is basically the status of the talks with the unions. We will be reporting to you every Commission meeting and of course to the people ofMiami. And of course, Mr. Chairman, Vice Chair and Commissioners, we will have more details at the executive session this afternoon. Thank you, sir. Chair Sarnoff Thank you, Mr. Mayor. DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT City ofMiami Page 116 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 D1.1 10-00663 DISCUSSION ITEM DISCUSSION REGARDING THE ANSI A300 TREE CARE STANDARDS MANUAL THAT WAS ADDED TO THE TREE ORDINANCE. 10-00663 Email.pdf DISCUSSED Direction by Commissioner Gort to the Administration for Code Enforcement to work with District 1 on amending the ANSI A300 Tree Care Standards Manual. Vice Chair Carollo: We have a discussion item for District 1. Commissioner Gort, do you want to --? Commissioner Gort: District 1. As I was looking at the ordinance and going over the -- looking at the difference between the previous ordinance and the present one, the Commission would like to discuss the ANSI (American National Specifications Institute) A-300 standard manual that be added to the ordinance. This is a manual that anyone that's going to cut a tree is going to have to look at it. It has a price. I'd like to know from staff -- I think the enforcement of this is going to be very difficult. I can tell you that in my district, there will be a lot of problems, a lot of trouble. We're asking people right now, the hurricanes will be here within a week, and we asking people to trim down the trees and take care of it because of the phone cables, electrical cables abutting the residents. Andl think this is a real burden, at least in my district, in people that talk to. I don't think we can do any changes to it, any amendments, but -- and also, I would like to know from staff how is this -- it's going to be enforced. Enrique Nunez (Chief of Urban Design): Good afternoon. My name's Enrique Nunez. I'm with the Planning Department. First of all, I want to place the ANSI standards in context. ANSI standards, the American National Specifications Institute, has created standards to -- for plant maintenance individuals in order to be able to apply proper tree -care guides. When the committee of landscape industry professionals was working closely with staff to amend Chapter 17, they looked to the ANSI A-300 tree -care standards to be added to the existing pruning guidelines that are shared within the landscape manual, which has always been a part of the Tree Protection ordinance. The landscape manual, which is available from the Planning Department web site, clearly shows the proper pruning techniques for the care of trees, and the reference is given in Chapter 17 to Section 17.7.2, andl would just like to read that briefly. Chapter 17.7.2 refers to Tree Pruning/Trimming. "The pruning or trimming of any tree shall be done in accordance with the standards as set forth in ANSI A-300 Tree Care Standards and the guidelines illustrated in the Landscape Manual, both incorporated herein by reference. "Hatracking" or "topping" is not permitted and shall be considered a violation of this article. Any other tree abuse, or activity that can effectively destroy a tree, shall also be considered a violation of this article." We feel, obviously, that there is a need for education and awareness with regard to tree trimming -- proper tree trimming practices, particularly with the investment that the City is involved with with trying to restore and enhance our tree canopy within the City. So that is, in context, the reasons why the ANSI standard was added to the tree pruning chapter that's part of the landscape manual that's been there since 2004. So at this point, ifI -- Commissioner Gort: Well, thank you. I wasn't here in 2004, so -- and I'm sorry andl apologize that did not read through this and understand this and the requirement. My question is within my district, andl can assure that about 50 percent of individuals don't have computers, so they're not going to be able to go into your web sites [sic] and before they go cut the trees, look at the book and tells them how to do one cut this way, then cut this way, then you got to cut on the other side. And what I'm trying to do is -- people are going to be cutting trees in my district because they've been telling them because of the hurricanes coming up, you're going to have to City ofMiami Page 117 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 trim your trees and you're going to have to do something about it. What are we going to be do -- what are we doing to educate these individual of the law on the ordinance? What are we doing? Mr. Nunez: Well, we obviously have to move aggressively to try to create greater awareness and education for proper tree trimming standards that will help strengthen trees as they grow and not hinder their natural growth habits. So the issues that we have had historically is with improper trimming, or what they call "hatracking" or "topping." That's -- for example, if you have a barber that you normally go to and the only thing that the barber knows how to do is a flattop or a crew cut, after a while you're not going to be going to that barber, you know. Obviously, we really do need to make every effort to provide the landscape manual and the proper tree pruning practices within our NET (Neighborhood Enhancement Team) areas, to place it on our City web sites. We have also the University of Florida's cooperative extension service available to us as a municipality in order to help us with this education effort. Commissioner Gort: All right. Chair Sarnoff In 2007I think -- I don't know if Commissioner Gort knew this -- we did an extensive education drive when the tree ordinance was modified, andl don't remember how much money we spent, but we spent I think upwards of 35 or $40, 000 having the ordinance illustrated and sent out to the general electorate, andl don't know that you don't want to do that again. Commissioner Gort: But ANSI was not a part of that. Chair Sarnoff No. In a strange way -- Commissioner Gort: And if you look at -- if you look and read it, it's -- Mr. Nunez: But I might share with you that the pruning guidelines that are -- have been in the landscape manual since 2004 very much mirror and share the proper true pruning techniques required to the health and welfare of our canopy within the City. Chair Sarnoff And ANSI's been a standard with the County, I think, for over 13 or 14 years. So if you didn't live in the City, you would have to come up with the ANSI standard. I -- you know, I Commissioner Gort: Commissioner, I'm just trying to tell you -- Chair Sarnoff Oh, I know. Commissioner Gort: -- what's going to happen in District 1. Chair Sarnoff But whatl could tell you -- Commissioner Gort: That's what I'm trying to tell you. And I'm all for trees. Andl have all --I cut my own grass and the whole works. Andl love the canopy. Andl know we planted a lot of trees. Andl worked with Commissioner Suarez to make sure we put trees in there. But have to tell you that's not going to happen, so we're going have a lot of inspectors going to the different neighborhoods. Enforcement is going to be a problem. Sergio Guadix: Mr. Chairman, Sergio Guadix, with Code Enforcement. The amendment to the ordinance, I think there are a lot of good and positive parts to the amendment, as I was there at the -- with the committee for a while and you know. The ANSI standard is very complicated for the normal layman. There are about ten volumes of that ANSI standard that you have to know. Most people will not know, will not have any idea what the ANSI standards say. I will tell you that most of my inspectors are going to be having to go through intensive training to understand City ofMiami Page 118 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 the ANSI standards because right now the ones they really did are the arborists, arborists -- and the good ones because the arborists that don't really keep up with the reading aren't keeping up with the ANSI standard. There are many good arborists that do and the arborists that we have around here, but most people will not understand the ANSI standard. We had it before in the old ordinance where if it was over 30 -- or 25 percent, then you would need to get a permit. And then, if you provided documentation that it was done to -- through ANSI standard or something that we could understand, we would then go ahead issue the permit on that. I think maybe something like that would help to do it -- because there's a lot of good amendments or parts of that amendment that are very good that I like. The ANSI part is going to be a little bit difficult to follow, I think. Chair Sarnoff Okay. So if you think it needs to be amended, why don't you work with Commissioner Gort's office and make the amendments? Mr. Guadix: If that's what they like, you know, we can work on that, you know. Commissioner Gort: Thank you. Yes. Mr. Nunez: Okay. IfI might just share a clarification with regard to all of the sections. Within the ANSI standards there is only one section, part one, which is related to pruning. There's a whole series of other woody plant related maintenance issues, but there's really, truly one section with regard to tree pruning. Obviously, an opportunity for education and awareness is necessary throughout our City in an effort to improve our tree canopy, which is about 6 percent of the City's area. Chair Sarnoff We are the worst city in America of a measured city on tree canopy. Mr. Nunez: And by the way, the reference to the 20 -- to allowing for no more than the 25 percent tree trimming was found by the committee to be a bad thing because it was really no way of monitoring trimming beyond that every year so 25 becomes, what, 50, and then you're down to the trunk before you know it. Chair Sarnoff You know, in -- there's a couple things the City need to work on. It needs to work on its tree canopy, it needs to work on the fact that it is the number -one killer of pedestrians in the United States, and it's the number -one traffic homicide fatalities city in the United States. Those are three things we should not be proud of. And if we just do nothing, I guess we'll continue to be number one in all of them, not a number one you wish to be distinguished for. And you don't always not do something because it's unpopular or it doesn't promote the health, welfare and safety of your citizens, and maybe that's part of our challenge. Part of our challenge is to help people understand that you don't want to be number one in traffic homicide fatalities, you don't want to be number one in pedestrian fatalities, and you don't want to be number one in the worst tree canopy in America. You know, all three of those are horrible categories to say the Magic City is the worst in the United States at these things. So you know, I hear -- if there's something that could be modified to make it easier for folks, you know, I'm -- I know a lot of time went into the ANSI idea. I know a lot of effort went into this. I know that if you look at Tree Trust fund and the fines and the mitigations, you know, that upwards of 85 percent come from District 2, and they're being spent other places, and that's a good thing; not a bad thing. But some of that money needs to be spent, as it was designated to do, to educate. I know there was one education effort. Commissioner Gort: Yeah. Chair Sarnoff There now needs to be a second education effort because this Commissioner is asking for one and he's justified in doing so. City ofMiami Page 119 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: And I'm sure I'm not the only one that's going to have problems with this. I think some of the other Commissioners in the other districts going to have the same problem. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff You're recognized. Commissioner Suarez: Thank you. I don't know what the (UNINTELLIGIBLE) -- I don't even know how to say it, what the standard is. Mr. Nunez: Well, it's American National Specifications Institute. Commissioner Suarez: Okay, whatever. It -- Victoria Mendez (Assistant City Attorney): So ANSI. Mr. Nunez: Yes. Commissioner Suarez: Okay. Ms. Mendez: ANSI. Commissioner Suarez: If there's a way to put it on one page, like a flier, an explanation, a diagram, you know, something that makes it visual for people, and then that can be disseminated, it could be e-mailed (electronic), it can be passed out, it can be put as an advertisement in a newspaper. I think whether -- you know, you may not have to necessarily make it a percentage, but you know, if you give people the -- a visual tool so they can understand it, I think people can at that point, you know -- Commissioner Gort: I mean -- Commissioner Suarez: Yeah, but maybe even a visual, because this is good, but -- or maybe something where there's a visual in addition to that that kind of shows right, wrong, you know. Right, wrong. Mr. Nunez: Right. Commissioner Suarez: So -- I mean -- Commissioner Gort: Let me tell you. The reason I'm bringing this up is because I want it to work. Mr. Nunez: Yes. Commissioner Gort: Because ifI don't bring this up, people are going to cut it. They're -- Mr. Nunez: Well -- Commissioner Gort: -- going to do it and they're not going to care. Mr. Nunez: Absolutely. And that's -- Commissioner Gort: And that's going to happen in a lot of the districts -- Mr. Nunez: -- why -- City ofMiami Page 120 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: -- and that's the reason why I'm bringing it up. Mr. Nunez: Yeah. That's why -- Commissioner Gort: Andl want you to understand that. Mr. Nunez: -- there was such an effort to really clarify -- Commissioner Gort: Let me tell you one problem we had. There are certain neighborhood here, they don't like to cut grass, and we allow for years to people put cement so -- and -- Mr. Nunez: Terrible. Commissioner Gort: -- that's something that we need to work on it, and it's been a large percentage in certain neighborhood, that they don't have grass. Mr. Nunez: Yeah. Commissioner Gort: They have cement and whatever other things. Mr. Nunez: Yes, sir. Commissioner Gort: Andl want it to work 'cause -- let me give you one example. I wanted to plant trees in District 2. Commissioner Edmondson from the County, I've had several meetings with her to see how we can work together as a team. They had a plan to plant trees all through 20th Street, between 12th Avenue and 27th Avenue. When they went to the residents and to the merchants in the area, they says "No, we don't want trees. They're going to block out signs." And this is the type of mentality that we have to change. Mr. Nunez: Yes. Commissioner Gort: We have to change in the benefits of having trees and benefits it bring to all of us. Mr. Nunez: Very well. Commissioner Suarez: IfI may, just real quick. I think there has to -- they have to understand that you can -- you don't necessarily have to have concrete. You can have a mixture of different things, like you can have pervious concrete, which has the properties of drainage in combination with trees, so you know, there's a mixture. Chair Sarnoff We did a project very recently and -- that was then -Commissioner Regalado and we shared a district. We did a beautiful tree planting. I think it was on 32nd. And put beautiful grass down. Within a month's time, it was gone. And we were actually going back out to do it and put pervious concrete out there because that's the best you can do at that particular section. Commissioner Suarez: Right. And Flagami has a lot of areas like that as well. Commissioner Gort: One of the things I'm doing in going to the neighborhoods and I'm asking, let's select a block. Let's take that one block and let's do everything necessary to make the quality of life perfect within this block. We begin with one and we can go on to the other ones. I'm dying to have trees 'cause I got places where I can plant trees, so I'm all for it. But I just want to make sure -- I want to be the devil's advocate -- what's going to happen in our neighborhoods. And once again, thank you for listening to this item. City ofMiami Page 121 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 D2.1 10-00320 D2.2 10-00630 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM CHAIRMAN MARC D. SARNOFF WOULD LIKE A DISCUSSION ABOUT THE CITY OF MIAMI'S "HEAD COUNT'. CHAIRMAN SARNOFF WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF SEPTEMBER 15TH, 2009 AND HE WOULD LIKE TO KNOW HOW MANY FULL-TIME EMPLOYEES WERE EMPLOYED AS OF JUNE 15TH, 2010. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI EMPLOYEE. DISCUSSION WILL COVER THE MEDIAN INCOME OF A CITY OF MIAMI RESI DENT. DISCUSSION ABOUT THE EFFECT OF "HEAD COUNT" ON THE CITY OF MIAMI BUDGET. DISCUSSION ABOUT THE "HEAD COUNT AND THE BUDGETING PROCESS. 10-00320 Email.pdf 10-00320-Submittal-District 2.pdf NO ACTION TAKEN Chair Sarnoff All right. And I'll delay my "headcount." I don't think we need to have that discussion right now. All right. Commissioner Suarez: Motion to adjourn. Chair Sarnoff There you go. Motion to adjourn. Do we have a second? Vice Chair Carollo: Second. Chair Sarnoff All in favor, please say "aye. " The Commission (Collectively): Aye. Chair Sarnoff Thank you. Gentlemen, one last thing, what we're going to do from now on, protocol items are going to start at 8: 45. It does not require a full Commission to start protocol. However, if you're going to have a protocol item, you need to be here. Now the other hope is to actually start the Commission meetings at 9 o'clock. We're going to try to pick up the pace a little bit, all right. Thank you. DISCUSSION ITEM VIRGINIA KEY MOUNTAIN BIKE TRAIL. City ofMiami Page 122 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 DISCUSSION ABOUT VIRGINIA KEY AND THE PROPOSED MOUNTAIN BIKE TRAIL AROUND THE NORTH POINT AREA OF VIRGINIA KEY. WHAT IS THE STATUS OF THE PROPOSED MOUNTAIN BIKE TRAIL? ALLEGEDLY, MIAMI-DADE COUNTY WATER & SEWER DEPARTMENT AND MIAMI-DADE COUNTY HAVE OFFERED EQUIPMENT AND MANPOWER. THE VIRGINIA KEY MASTER PLAN ADVOCATES FOR THE MOUNTAIN BIKE TRAIL. 90,000 BIKERS A YEAR USE OLETA STATE PARK BIKE TRAILS LOCATED OFF OF NE 163RD STREET IN N. MIAMI BEACH. WHAT CAN BE DONE TO GET THE TRAIL ON VIRGINIA KEY FINISHED BEFORE JUNE 15TH, 2010? JULY 1ST, 2010? 10-00630 Email.pdf DISCUSSED Chair Sarnoff All right. Anybody else have any district items? Commissioner Suarez: I have five district items -- pocket items. Chair Sarnoff Are there any pocket items? Commissioner Suarez: No, no. I'm just kidding. Chair Sarnoff Okay. Is there any than less -than -five-day rule pocket items? Mr. Manager, just for the record, I know there are -- I get this call all the time. I just ask you to address and explain to people why the Mountain Bike Trail at Virginia Key is not moving forward. And maybe we can put it to bed for a couple of months and maybe you'll give an adequate explanation, butt think people want to hear. Carlos A. Migoya (City Manager): I'm happy to. I've personally been interested in the Mountain Bike Trail, just like many other bikers have. The big issue that we have -- and we have here the experts to deal with it, but -- is that our friends at the Water and Sewer Authority were going to be doing the work of the Mountain Bike Trail as they were going to come in and put a new line through the north point. The problem that we have there is that the line is being delayed and it's not going a happen for about a year. So if we want to do this ourselves at our cost, then we will have to pay for it rather than WASA (Water and Sewer Authority) paying for it. A year from now, WASA's going to have to come in and tear up -- set up the line, and then they will come back and repair the thing. So in my opinion, doesn't make sense for us to build the Mountain Bike Trail today at our cost, which is $35, 000, only to have WASA come in a year later, tear it up, and rebuild it again. So my recommendation would be that we continue to work with WASA, and hopefully we're talking about a period of about ten to twelve months in which they will be able to come back and set up the line and then do the Mountain Bike Trail at the point. I think to a big degree, to a lot of the bikers out there, we've been discussing this Mountain Bike Trail now for well over a year. So everybody's been a little antsy about trying to get this done and everybody -- and the only -- the closest one that we have right now is up in the Opa Locka/Hialeah area of the good -- Mountain Bike Trail is that one and the one in Oleta, so - - they wanted to see one in Virginia Key, but don't know what else we could do at this point in time, except you know -- unless we want to go spend $35, 000. City ofMiami Page 123 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Chair Sarnoff Okay. Commissioner Gort. Commissioner Gort: Mr. Chairman, in discussions with the Administration the other day and CIP (Capital Improvements Project), and a lot of times we have projects where we create new roads and we create sidewalk, and it's very similar to your painting of the sidewalks. We take a whole street and we improve it. All of a sudden, within a year here comes FP&L (Florida Power & Light) or here comes someone else; they open back up the road in the neighborhood. I was just going through that problem. And one of the things that we requested is let's try, whenever we're going to do a project, coordinate with all the different jurisdictions that are going to be working on that same project and make sure we coordinate all the efforts so we can do it at one time. And lthink -- Mr. Migoya: Which, by the way -- Commissioner Gort: -- that's something we need to do. Mr. Migoya: That's another point, Commissioner Gort, that -- I just want you to know, Johnny Martinez, when we came in, one of the conversations we had is as we work throughout the entire City ofMiami (UNINTET,T IGIBT ,F), Public Works is coordinate with FDOT (Florida Department of Transportation), coordinated with the County, coordinate with WASA so whenever there's any works going to be done in any of the cities, that we have one coordinating agency -- Commissioner Gort: Right. Mr. Migoya: -- doing all the work so that we don't have the issues that we had -- we just had in North River Drive that we went and redid the pavement, and then here comes WASA right behind us and destroyed the streets that we just paved. So they're -- so we're going to do one coordinated effort; it'll be more efficient and we won't have these ups and downs and -- Commissioner Gort: And -- Mr. Migoya: -- closing downs. So that's something that Johnny, I know, is working with all the different agencies to try to make sure we coordinate. Commissioner Gort: Well, I've been meeting with the Commissioners from the County and within my districts, andl know my -- the other Commissioners have also, so we can coordinate our efforts and help each other, then it can be very fruitful for all of us. DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II NON AGENDA ITEMS NA.1 DISCUSSION ITEM City ofMiami Page 124 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 10-00713 Mayor Tomas Regalado introduced State of Florida Chief Financial Officer Alex Sink who provided an update on the BP oil spill in the Gulf of Mexico and disaster preparedness for the upcoming hurricane season. DISCUSSED Chair Sarnoff Mr. Mayor, you're recognized. Mayor Tomas Regalado: Good morning again. Thank you, Mr. Chairman, Mr. Vice Chair, Commissioners. It's an honor to present to you the chief financial officer of the greatest state of Florida, Alex Sink. Ms. Sink is in Miami visiting, and she has been working on the Deep Horizon project, you know, the oil rig, but also she is being very proactive with the Department of Insurance in terms of the upcoming hurricane season. And so I thought that it would be good to hear from him [sic] regarding the project that they're working on to save Florida beaches and also the upcoming hurricane season. Chair Sarnoff All right, Mr. Mayor. Mayor Regalado: Alex Sink. Chair Sarnoff Ms. Sink is recognized for the record. (Applause) Alex Sink: Thank you, Mr. Mayor. Thank you, Chairman Sarnoff and Commissioners. Just very briefly, I am on my way down to the Keys. I'll be in Key West in the morning, going out to under waters with some of the fish and wildlife Commissioners, as well as the reef restoration people and other environmentalists just to get an assessment of how they are potentially getting prepared in the event that we do have an oil situation here on the coast of Florida. Let me emphasize that we are trying very hard to get the word out all around the world, literally, that Florida's beaches, in particularly the beaches up in northwest Florida, the only oil on those beaches is suntan oil. And because we have already begun to feel economy impact, many hotels, many restaurants, certainly many, many charter fishermen have experienced declines in income because of the media exposure. And we've all been watching TV (Television). God forbid that anything should happen to Florida, like we're seeing on the television that's happening in Louisiana. So my focus as the state CFO (Chief Financial Officer) is to work with our businesses to ensure that no one experiences economic loss because of this event and that the businesses and individuals who might lose their job are compensated through BP and to put the pressure on federal government to deal with BP and ensure that they pay these claims that are legitimate claims because of all the loss business that is being experienced. And we certainly want to be mindful of the waters around Miami -Dade County, where you're interested in, as well as all the Keys as we go forward. This is Hurricane Disaster Preparedness week. And Mr. Administrator, we haven't had a storm since -- in five years. And our biggest concern is that Floridians have -- we've all kind of let our guard down, and we're not quite as prepared or thinking about how to get ready for hurricanes. So I want to encourage you, as elected public officials here in the City ofMiami, as you go about your visits in the community, to encourage Floridians to get prepared, like we always should, in the event of a hurricane so that we're not caught flatfooted. And I'm sure you will be working with the City, as well as the County, to go through your disaster preparedness exercises and to just be certain that we've dotted all the is and crossed all the t's. Andl want to thank you for just letting me say a few words about disaster preparedness and about the current situation with the oil spill. Chair Sarnoff Thank you. Ms. Sink: Thank you. City ofMiami Page 125 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Commissioner Gort: Thank you. Chair Sarnoff Any Commissioners have any questions? Thankyou. Thankyou, Ms. CFO. (Applause) NA.2 DISCUSSION ITEM 10-00714 DISCUSSION ON WHETHER TO GIVE THE CITY MANAGER AUTHORIZATION TO MAKE ANY INTERDEPARTMENTAL CHANGES DEEMED APPROPRIATE THAT HAS NO NET EFFECT TO THE CITY'S BUDGET. DISCUSSED Chair Sarnoff Let me do an ore terms motion that was -- what was previously RE.4, that the City Manager be authorized to make any interdepartmental changes he deems appropriate that has no effect -- no net effect to the budget. Commissioner Dunn: Second. Vice Chair Carollo: There is a motion by Chairman, seconded by Commissioner Dunn. I'm chairing the meeting, so I can't make an amendment. However, I want to make sure that it's a wash and, in accounting terms, you know what that means. In other words, if it goes from one department to another department and it's a zero net effect. Commissioner Dunn: Right. Carlos A. Migoya (City Manager): Vice Chair, hang on. She's checking on the legal implication of that. Vice Chair Carollo: Thankyou, Mr. Manager. Julie O. Bru (City Attorney): I would ask that you table that motion so that we can review our ordinances that deal with anti -deficiencies and these kinds of things because that -- even though it's a -- it doesn't affect the bottom line, you're still moving -- adding people and moving people, and we need to look and see whether that -- you know, you can do that the way you're doing it now. Vice Chair Carollo: Exactly. And in all fairness, I'm a little uncomfortable with it. I -- Ms. Bru: Well, just give -- Vice Chair Carollo: It's a little broad. Ms. Bru: -- us a few minutes. Commissioner Gort: Few minutes. Ms. Bru: We can table the item. Give us a few minutes to review the City code section. Vice Chair Carollo: And we'll bring it back -- Ms. Bru: Okay. City ofMiami Page 126 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 Vice Chair Carollo: -- for today's meeting. Perfect. Item tabled. Mr. Migoya: Let's just -- we're going to do this in two weeks anyway. Let's just come back to it in two weeks, and that'll work. I'd like clarification. If we're going to be dealing with this kind of detail, which I'm fine with, I would like to know -- I'd like to get the indication from the Commission so when it comes to budget time, we can spend the appropriate time, probably allocate the entire month of August for everybody to get through -- because we're going to be going through item -by -item, employee -by -employee, all 4,200 employees, and I'm happy to do that. But we'll have to allocate time to be able to deal with the budget. Vice Chair Carollo: I'm ready for that. And -- Commissioner Gort: I don't have any problem. Vice Chair Carollo: -- would the maker of the motion then withdraw and the seconder withdraw? Chair Sarnoff All right, I'll withdraw my motion. Commissioner Dunn: Sure. Vice Chair Carollo: Seconder withdraw? Commissioner Dunn: Yes. Vice Chair Carollo: Excellent. Thank you. See correct listed above. NA.3 RESOLUTION 10-00730 A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING PEDRO MORA AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. 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-10-0224 Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Gort: If you don't mind, I made some appointments last time, and I would like to recommend removal of Pedro Mora from the Nuisance Abatement Board. That was an appointment) made. I want to remove it. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff You get that, Madam Clerk? All right. All in favor, gentlemen -- you got one you want to remove as well? City ofMiami Page 127 Printed on 8/24/2010 City Commission Meeting Minutes May 27, 2010 NA.4 10-00731 Commissioner Dunn: Yes, sir. Yes. Chair Sarnoff On this board? Commissioner Dunn: Well, actually on the Planning and appeal -- Chair Sarnoff All right, well, let's do it board by board -- Commissioner Dunn: Okay. Chair Sarnoff -- so she won't get confused. We have a motion by Commissioner Gort, second by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING CORNEILIUS SHIVER AS A MEMBER OF THE PLANNING,ZONING AND APPEALS BOARD. 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-10-0223 ADJOURNMENT A motion was made by Commissioner Suarez, seconded by Commissioner Dunn, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 128 Printed on 8/24/2010