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Home My WebLink AboutCC 2010-06-10 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com IMCORP GROTED IL E y. • Meeting Minutes Thursday, June 10, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes June 10, 2010 PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM - APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES 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 7/6/2010 City Commission Meeting Minutes June 10, 2010 8: 45 A.M. - PRESENTATIONS AND PROCLAMATIONS PR.1 10-00712 9:00 A.M. PRESENTATION Honoree Presenter Protocol Item Shaunte Commissioner Salute Lisanne Dunn Butler 10-00712 Protocol.pdf PRESENTED 1. Commissioner Gort saluted the Catch of the Day restaurant for its Twelfth Anniversary Celebration of quality service as an outstanding Seafood, Bar and Grill that is a veritable landmark on Miami's LeJune Road. 2. Commissioner Dunn saluted Estanley Baptiste for his exemplary high school record and commitment to sharing knowledge as both a tutor and translator, volunteer work recognized through his prestigious victory as one of fifteen students in Miami -Dade County to be named as a 2010 Silver Knight Winner. 3. Commissioner Dunn read a salute to Shaunte Lisanne Butler, paying tribute to her exemplary high school record and commitment to knowledge as the 2010 Northwestern High School Valedictorian that has placed her in Harvard University's Class of 2014. 4. Mayor Regalado paid tribute to Commissioner Francis Suarez for his inspiring sense of duty and self sacrifice during a Memorial Day emergency on Miami Beach in which he risked his own life to save a swimmer caught in a rip tide. Chair Sarnoff And I believe the proclamations will be led today by Commissioner Gort. Commissioner Gort: Thank you. Presentations made. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Vice Chairman Carollo, Commissioner Gort, Chairman Sarnoff, Commissioner Suarez and Commissioner Dunn II On the loth day ofJune 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 9:21 a.m., recessed at 12:12 p.m., reconvened at 4: 39 p.m., and adjourned at 5: 28 p.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 June 10, 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City ofMiami Commission are Frank Carollo, the Vice Chair, Francis Suarez, Wifredo Gort, the honorable Reverend Richard City ofMiami Page 3 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 MAYORAL VETOES P. Dunn, and myself Marc David Sarnoff, the Chairman. Also on the dais will be Carlos A. Migoya, the City Manager, Julie O. Bru, 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 will be led by Superman, Francis Suarez, and then we will follow with presentations and proclamations. Invocation and pledge of allegiance delivered. NO MAYORAL VETOES Chair Sarnoff Let's do this. Instead of going directly into the consent -- well, let me finish my -- all right. Were there any Mayoral vetoes? Pamela L. Latimore (Assistant City Clerk): There were none. Chair Sarnoff Okay. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Dunn II, seconded by Commissioner Suarez, 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 approve any minutes, Madam Clerk? Pamela L. Latimore (Assistant City Clerk): You need to approve the minutes for the meeting of - Vice Chair Carollo: May 13. Ms. Latimore: -- May 13. Chair Sarnoff All right. So is there a motion to approve the May 13 meeting? Commissioner Dunn: So moved. Commissioner Suarez: Second. Chair Sarnoff All right. We have a motion. We have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff I'll tell you what, based on the fact there is a advertised time certain CRA (Community Redevelopment Agency) meeting, and based on the fact this is a very light agenda, why don't break for lunch? The next issue could take a little bit of time. I know Commissioner Carollo wants to work on it so more. Why don't we come back at 3 o' clock? That will bring us right around to the Commission meeting and it'll give you a nice, long lunch? You're recognized, Commissioner Dunn. City ofMiami Page 4 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Dunn: Mr. Chair, I would like, if we do that -- I know I have a graduation at 3. Chair Sarnoff At 3. Commissioner Dunn: And there's an item, 2: 30 -- if we could do maybe 2:30 and I can take that. Chair Sarnoff Two thirty. Commissioner Dunn: If we can come back -- Chair Sarnoff And then what time is graduation? Commissioner Dunn: It's at 3, but it's at the Dade County Auditorium. Chair Sarnoff So you have to be gone for how long? Commissioner Dunn: I guess probably about a hour, hour and a half. Chair Sarnoff No. I'm just frying to work -- Commissioner Dunn: I mean, I could -- so -- yeah, I should be back. Yeah. Chair Sarnoff You want to do 3:30? You want to just adjourn till 3:30 or --? Commissioner Dunn: So what's that now? Chair Sarnoff Four? Commissioner Dunn: Come back at -- okay, that's fine. Let's -- Chair Sarnoff Well adjourn till 4 o'clock. Commissioner Dunn: Okay. Thank you. Chair Sarnoff What is his item? Commissioner Dunn: 4:30. Chair Sarnoff Well, no, no, no. There's still an agenda left. There's just not -- City ofMiami Page 5 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 CONSENT AGENDA CA.1 RESOLUTION 10-00633 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Parks and ATTACHMENT(S), ACCEPTING THE BID RECEIVED MAY 5, 2010, Recreation PURSUANT TO INVITATION FOR BID NO. 206189, FROM GREATER MIAMI CATERERS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER FOR THE PURCHASE OF A CHILD CARE FOOD PROGRAM, ON AN AS -NEEDED , WHEN NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL, ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE STATE OF FLORIDA, DEPARTMENT OF HEALTH, BUREAU OF CHILD NUTRITION PROGRAMS, FORMAL INVITATION TO BID ("ITB") STANDARD CONTRACT, ITB FFY 2009-2010 CHILD CARE FOOD PROGRAM, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-00633 Legislation.pdf 10-00633 Exhibit.pdf 10-00633 Summary Form.pdf 10-00633 Bid Tabulation.pdf 10-00633 Addendum No.2 .pdf 10-00633 Addendum No.1.pdf 10-00633 IFB.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0235 A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, to pull items CA.1, CA.5, and CA.8 from the Consent Agenda for discussion. Chair Sarnoff CA.1. I believe -- Commissioner Gort, did you want to pull that? Commissioner Gort: Yeah. I have a couple of questions for CA.1. You CA.1? Ernest Burkeen (Director, Parks & Recreation): CA.1. Chair Sarnoff Ernest Burkeen, you're recognized for the record. Commissioner Gort: This is for the food, right? Mr. Burkeen: It's for the daycare, yes. Commissioner Gort: My understanding and my question was how many vendors do we have registered? Do we have a list of vendors registered? City ofMiami Page 6 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Glenn Marcos: Good morning, Commissioners. Glenn Marcos, Purchasing director. The City has currently approximately 16 vendors that -- Commissioner Gort: Sixteen. Mr. Marcos: -- were registered with the City under this commodity code for catering. Commissioner Gort: Do they all receive notification of the RFP (Request for Proposals) ? Mr. Marcos: Yes, sir. Commissioner Gort: They all do? Mr. Marcos: Yes. And as a matter of fact -- Commissioner Gort: But we don't -- Mr. Marcos: -- out of the 16, you had 1, 2, 3 -- 7 of them that indicated -- that had intent -- the intent to participate. Commissioner Gort: That did not have the intent? Mr. Marcos: They had the intent to participate but -- Commissioner Gort: But they did not. Mr. Marcos: But only two -- Commissioner Gort: Only two and the lowest -- Mr. Marcos: -- participated. Commissioner Gort: -- was disqualified with -- Mr. Marcos: Because of -- Commissioner Gort: -- the reason being the document -- they missed one of the documents. Which document? Mr. Marcos: They were deemed nonresponsive because it's my understanding that the funding source is state of Florida funding. The state of Florida has a requirement that you must submit certain forms that they required in order for us to be reimbursed. Commissioner Gort: I read all the forms. Which one they didn't require? Mr. Marcos: The ones that is pursuant to Section 2.9 of the bid. Commissioner Gort: I think it was one point something. Mr. Marcos: Section 2.9. If you give me a second here. Section 2.9(c) -- Commissioner Gort: Right. Mr. Marcos: -- clearly states there that the Florida Department of Health Invitation requests for the following forms to be submitted. Bidder's acknowledgement form, the price schedule form -- City ofMiami Page 7 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 that was on page 32 -- the certificate of independent price determination, which was on page 33, the conflict of interest questionnaire, on page 35, and the contract page, which is page 38. Commissioner Gort: Which one did they dismiss? They didn't send any of them or --? Mr. Marcos: I believe -- no. I believe they did not submit any of them. Commissioner Gort: Okay, thank you. Chair Sarnoff All right. So do we have a motion on CA.1 ? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort. We have a second -- Vice Chair Carollo: Second. Chair Sarnoff -- by the Vice Chair. Any further discussion, gentlemen? Hearing none, all in favor, please say "aye. The Commission (Collectively): Aye. CA.2 RESOLUTION 10-00635 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "EMS COUNTY GRANT #C9013 AWARD, FISCAL YEAR 2009-2010", IN AN AMOUNT NOT TO EXCEED $77,200, CONSISTING OF A GRANT APPORTIONED BY MIAMI-DADE COUNTY, FROM THE STATE OF FLORIDA DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES ("EMS") PROGRAM ENTITLED "FLORIDA EMS GRANT PROGRAM COUNTIES"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANT. Votes: 10-00365 Legislation.pdf 10-00365 Exhibit.pdf 10-00365 Exhibit 2.pdf 10-00635 Summary Form.pdf 10-00635 Fund Title.pdf 10-00635 Letter.pdf 10-00635 Letter 2.pdf 10-00635 Email.pdf 10-00635 CSFA.pdf 10-00635 Memo.pdf 10-00365 Statement.pdf 10-00365 Grant Application.pdf This Matter was ADOPTED on the Consent Agenda. Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 8 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 CA.3 10-00637 Department of Purchasing R-10-0230 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED FEBRUARY 16, 2010, PURSUANT TO INVITATION FOR BID NO. 199163, FROM GLOBAL TRADING, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF UNIFORMS, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL, ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00637 Legislation.pdf 10-00637 Summary Form.pdf 10-00637 Tabulation Summary.pdf 10-00637 Bid Tabulation.pdf 10-00637 IFB.pdf 10-00637 Group 1.pdf 10-00637 Addendum No.1.pdf 10-00637 Addendum No.3.pdf 10-00637 Addendum No.2.pdf 10-00637 Contractual Issues.pdf 10-00637 Contractual Issues 2. pdf 10-00637 Contractual Issues 3. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.4 10-00688 Office of the City Attorney R-10-0231 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROBERT SNOW, SUBJECT TO THE CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $40,000, IN FULL SETTLEMENT, OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, WITHOUT ADMISSION OF LIABILITY, EXCLUDING A CLAIM FOR FUTURE MEDICAL BENEFITS, UPON EXECUTING A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF THE CITY OF MIAMI, ITS PRESENT AND FORMER OFFICERS, AGENTS, AND EMPLOYEES, FROM ANY AND ALL CLAIMS AND DEMANDS, ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 05002.301001.515000.0000.00000. 10-00688 Legislation.pdf 10-00688 Cover Memo.pdf 10-00688 Budget Memo.pdf City ofMiami Page 9 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II CA.5 10-00693 District 5 - Commissioner Richard Dunn H R-10-0232 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION REQUIRING FOUR (4) VOTES TO CODESIGNATE NORTHWEST 59TH STREET FROM NORTHWEST 12TH AVENUE TO NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, AS "REV. DOUGLAS COOK STREET;" FURTHER DIRECTING THE CITY MANAGER TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO TRANSMIT A COPY OF THIS RESOLUTION TO THE HEREIN DESIGNATED OFFICES. 10-00693 Legislation.pdf Motion by Commissioner Dunn II, 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-10-0248 A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, to pull items CA.1, CA.5, and CA.8 from the Consent Agenda for discussion. Chair Sarnoff CA.5. Commissioner Dunn, you're recognized -- Commissioner Dunn: Yes. Chair Sarnoff -- for the record. Commissioner Dunn: Thank you, Mr. Chairman. This was pulled as, you know, from the CA (Consent Agenda) agenda because of the fact that it requires a four fifth votes [sic]. It is a resolution requesting that Northwest 59th Street from Northwest 12th Avenues [sic] to the east to Northwest 17th Avenue to the west be codesigned -- or codesignated, pardon me, as Reverend Douglas Cook Street. I believe that most of you should have -- all of you should have had in your possession a resume of Pastor Douglas Cook, who is one of the most revered pastors in our district. He has served as the pastor ofJordan Grove for over 43 years in one place. Anybody knows anything about pastoring, it's almost like being a city manager sometimes. They come and they go, but he's been able to survive for 43 years. Jordan Grove is one of the -- it is the centerpiece for many activities, many community events, many civic, social issues that have confronted District 5 and the City ofMiami as a whole. He's recognized by all ethnicities as one of the premier pastors. Many of you may remember that last year unfortunately, but by the grace of God, he and several of his parishioners were robbed at gunpoint. However, you know, God prevailed and no one was harmed. Reverend Cook really has served as a role model for many of the citizens in District 5 and in the City ofMiami and the County as a matter offact. And so we thought it not robbery to at least have a street codesignated and really, he deserves much, much more, a much larger territory, but because of the fact he's about -- past his mid 70's, almost 80 years old, and he's going strong, and so -- but at the same time -- pardon me? Unidentified Speaker: Eighty-three. City ofMiami Page 10 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Dunn: Help me out. Come to -- Unidentified Speaker: Eighty-three. Commissioner Dunn: Eighty-three years old, so he's an octogenarian plus three, which is remarkable. He's a remarkable man of faith, and so I'm honored to be able to at least move this item for discussion so that we can have this codesignation. Chair Sarnoff All right. We have a motion by Commissioner Dunn. We have -- Vice Chair Carollo: Second. Chair Sarnoff -- a second by the Vice Chair. Do you wish to have anybody come up? Commissioner Dunn: Anyone come up from Jordan? You have representation there. Many of the members -- if you all would just stand for a moment, please. Thank you, Mr. Chair. That's the way Jordan Grove rolls, too. I mean, most of the parishioners that you see have -- God bless you -- retired, but whenever anything pertaining to Pastor Cook, Jordan Grove and the people of God, they are always full force. Commissioner Gort: Is he related to Jerome? Jerome Starling: No. I'm related to you, Commissioner. Commissioner Gort: I know we're cousins, but you've got too many of them. Pamela L. Latimore (Assistant City Clerk): Your name for the record, sir. Chair Sarnoff Reverend Starling, you're recognized for the record. Mr. Starling: Reverend -- Mr. Starling: Thank you, Chairman. Reverend Jerome Starling, member of the Jordan Grove Missionary Baptist Church, the Rickia Isaac Foundation, the No More Stray Bullets project, Miami -Dade County, City. Basically, it's an honor. Thank you, Chairman and Commissioner Dunn, and thank you, Commissioner Dunn for wanting to lead this charge, and thank you for working with the members at Jordan Grove on this. And basically, for you that don't know Pastor Douglas Cook, let me just give you a scenario. Pastor Douglas Cook, the Jordan Grove Missionary Church family, this is just a prayer band, just a little small portion of them. I mean, if we wanted to, we could put 4 or 500 people in here, but a lot of them at work right now. And we could put the Baptist Ministers Council in here, the Seaboard Association in here to pack the chambers out to show you the support. So this is nowhere near the support that we could come down with. We have our own bus that we let other churches use and we just sold a bus to another church, so we're a church that's in the heart of the city. Most of all, Pastor Cook and Jordan Grove church family, we probably buried at least 10 percent of the people in the City of Miami, especially, you know, in the African American community. I'll say it like this, for every one person that a church has buried, Pastor Cook has buried twenty. He's lent his church to all communities to come and have funeral services, things of that nature. We've had daycare centers there. We've had food banks there. We've raised funds and we've raised clothes and -- for years and sent to Haiti ministry. Pastor Cook has been involved in so many initiatives within this community and has never asked the City or Miami -Dade County for a dime of help, so he's very known and very popular. He's also been a part -- one of the police officers that passed away a couple years ago was a member ofJordan Grove. We had the funeral right at our church also. So, today -- we're down here today in support of the initiative Pastor Dunn is presenting to be able to name the street naming after Pastor Cook. I did speak with Pastor Dunn City ofMiami Page 11 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 -- Commissioner Dunn, excuse me, and I explained to him that in reality, ifI may -- you my Commissioner. You know that, right? I live at 568 Northeast 71 st Street. Now, in reality, Commissioner Sarnoff, this should go from Biscayne Boulevard to the County side 'cause Pastor Cook is not just a little pastor. He's a major pastor known all over the United States, from New York to Los Angeles to Texas, all over. You're talking about national. So I had spoke to Reverend Dunn and I said to him, I really wish that Commissioner Sarnoff would pick it up and take this thing from his district over. And I spoke to him about the thing of 12th Avenue on 62nd Sfreet down to 41 st Sfreet, even to Commissioner Gort district simply because Pastor Cook has got more people out of the hospital -- Commissioner Gort: That's frue. Mr. Starling: -- than anything and -- I mean out of jail than anything, and visited more people at Jackson Hospital than any pastor. He's been there 43 years at Jordan Grove, and Jordan Grove been around over 52, 53 years, something to that nature. Chair Sarnoff Reverend Starling -- Mr. Starling: So -- Chair Sarnoff -- wrapping it up. Mr. Starling: Well, basically, I know you asked me to wrap it up, but we ain't got everybody coming up here speaking -- Chair Sarnoff That's true. Mr. Starling: -- so, you know, if you'll look out for me on that. Chair Sarnoff Still going to ask you to wrap it up. Mr. Starling: All right then. But basically, I know Pastor Dunn wants the initiative to swing along on the 59th Street side and I understand that, but if you would have consideration, you would have consideration to fry to make this happen bigger, it will be more appreciative, and God bless you. Chair Sarnoff Thank you, reverend. All right. So we have a motion and we have a second. Any discussion, gentlemen? All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Commissioner Dunn: Done. Chair Sarnoff All right. Ms. Latimore: As modified. Chair Sarnoff As modified. CA.6 RESOLUTION 10-00711 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), ACCEPTING A PAYMENT TO THE CITY OF MIAMI, IN City ofMiami Page 12 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 THE AMOUNT OF $35,000, IN SETTLEMENT OF THE CLAIMS AND DEMANDS IN THE CASE OF THE CITY OF MIAMI VS. NORTH RIVER INSURANCE COMPANY IN CASE NO. 09-23025 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA PURSUANT TO THE TERMS OF THE MUTUAL GENERAL RELEASE; DIRECTING THE CITY MANAGER TO EXECUTE THE GENERAL MUTUAL RELEASE, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 10-00711 Legislation.pdf 10-00711 Exhibit.pdf 10-00711 Cover Memo.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0233 CA.7 RESOLUTION 10-00687 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A NEW Fire -Rescue SPECIAL REVENUE PROJECT ENTITLED: "ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM FISCAL YEAR 2009," CONSISTING OF A GRANT AWARDED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, GRANTS MANAGEMENT BRANCH, IN THE AMOUNT OF $406,464, WITH A REQUIRED MATCHING FUND FROM THE CITY OF MIAMI ("CITY"), IN AN AMOUNT NOT TO EXCEED $101,616, FOR A TOTAL AMOUNT OF $508,080, TO PURCHASE PERSONNEL PROTECTIVE EQUIPMENT AND FOUR (4) EMERGENCY GENERATORS TO SAFELY AND EFFECTIVELY MANAGE FIRE -RELATED EMERGENCIES, AS WELL AS WEATHER- RELATED EMERGENCIES, FOR THE PERIOD BEGINNING APRIL 16, 2010 THROUGH APRIL 15, 2011; ALLOCATING THE CITY'S REQUIRED MATCHING FUNDS, FROM ACCOUNT NO. 00001.181000.891000.0000.00000; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND COMPLIANCE OF SAID GRANT. 10-00687 Legislation.pdf 10-00687 Summary Form.pdf 10-00687 Fund Title.pdf 10-00687 Award Status.pdf 10-00687 Letter.pdf 10-00687 Agreement Articles.pdf 10-00687 Transfer of Funds.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0234 City ofMiami Page 13 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 CA.8 RESOLUTION 10-00636 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Purchasing ATTACHMENT(S), ACCEPTING THE BID RECEIVED FEBRUARY 22, 2010, PURSUANT TO INVITATION FOR BID NO. 150157, FROM PETERSON'S HARLEY-DAVIDSON OF MIAMI, LLC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER WITH THE MAINTENANCE OPTION, FOR THE LEASING OF TWENTY-FIVE (25) NEW CURRENT MODEL PRODUCTION YEAR, CERTIFIED TRAFFIC LAW ENFORCEMENT MOTORCYCLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF POLICE, FOR AN INITIAL TERM OF TWENTY-FOUR (24) MONTHS, COMMENCING ON THE DATE OF DELIVERY OF THE MOTORCYCLES, FOR AN ANNUAL CONTRACT AMOUNT NOT TO EXCEED $142,500; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $35,625, FOR FISCAL YEAR 2010, FROM ACCOUNT NO. 05001.246000.544000.0000.00000, WITH FUTURE FUNDING SUBJECT TO THE AVAILABILITY AND APPROPRIATION OF FUNDS; AUTHORIZING THE CITY MANAGER TO EXECUTE A MOTORCYCLE LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM. 10-00636-Legislation-SUB.pdf 10-00636-Memo-Substitution for Item CA.8 Change in Legislation.pdf 10-00636 Exhibit.pdf 10-00636 Summary Form.pdf 10-00636 Award Recommendation.pdf 10-00636 Tabulation Sheet.pdf 10-00636 Division of Corporations.pdf 10-00636 IFB.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0247 A motion was made by Commissioner Gort, seconded by Commissioner Carollo, and was passed unanimously, to pull items CA.1, CA.5, and CA.8 from the Consent Agenda for discussion. Chair Sarnoff All right. I think we go to CA.5, which I believe -- Vice Chair Carollo: That's a substitution. Chair Sarnoff -- that's Commissioner Dunn. Let's go to CA.8. Commissioner Gort: CA.8, I was looking at the -- this is the rent -- Police Department that wanted to rent 25 motorcycles. The cost, my understanding was for two years, was 500 some thousand dollars. The total cost of the lease for two years comes out to about $500, 000, close to it. Jose Camero: No, Commissioner. My name is Jose Camero, director of GSA (General Services Administration). The cost of the lease for the two year is $285, 000. Commissioner Gort: Total? City ofMiami Page 14 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Mr. Camero: Total. Commissioner Gort: It wasn't 200 and some a year? Mr. Camero: No, sir. Two eighty-five; one forty-two five per year. Chair Sarnoff How much? Mr. Camero: A hundred and forty-two thousand five hundred per year. Commissioner Gort: I must have read it wrong then. So you're saying the two-year value of this lease is -- the total is? Mr. Camero: Two hundred and eighty-five thousand. Commissioner Gort: Okay. Mr. Camero: There is a substitution item in your package. Commissioner Gort: There is? Mr. Camero: There is, yes, stating the price -- the cost. Chair Sarnoff Can you --? How many motorcycles are involved, 25? Mr. Camero: Twenty-five. Chair Sarnoff Annualize that, then give it to us, per motorcycle, what it's costing. Mr. Camero: Eleven thousand four hundred. Chair Sarnoff Per motorcycle? Mr. Camero: Per motorcycle, including maintenance. Chair Sarnoff But it doesn't include all maintenance, correct? It doesn't include clutches and it doesn't include brakes. Mr. Camero: The clutches, if it's normal wear and tear, are included. If it's during the training exercise, the clutches run out because they're frying to train, then that's not included, but normal wear and tear, it's included. Chair Sarnoff Same thing with brakes, right? Mr. Camero: Same thing with brakes. Chair Sarnoff So theoretically, it's the entire -- it's full maintenance? Mr. Camero: Correct. Chair Sarnoff And that comes to how much a bike per month? Is it -- was I right, it was $465 per bike per month? Mr. Camero: Four hundred and seventy-five. City ofMiami Page 15 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Four seventy-five. And I'm -- just being a former Harley rider, so let me be cool like the Manager, who owns a Ferrari. You don't find that to be high? Commissioner Gort: Versus to buying it. Chair Sarnoff Yeah. I mean, you've done the cost analysis. I take it you have, but could you just put it on the record to make us comfortable, the cost breakdown versus a lease? Make that breakdown. Can you tell us --? Mr. Camero: Yes, I have. Whenever you're going to lease versus purchase -- Chair Sarnoff Right. Mr. Camero: -- if you have the money upfront, you're always better off purchasing. Chair Sarnoff Okay. Mr. Camero: In the case of-- you know, it's whether we have $400, 000 in capital right now or we do it on a monthly installment. It's -- we did some research -- Glenn did and some other entities, and throughout the nation they are going to leasing. Most of the cities and counties are going to leasing versus purchasing because of the money situation. Chair Sarnoff Make us a little more comfortable. Leasing versus purchasing costs us an additional 40,000, 20,000? Mr. Camero: Forty-eight thousand five hundred. Chair Sarnoff Forty-eight thousand five hundred. Mr. Camero: In the long run. The money comes whether at the initial stage, we do have the $400, 000 to purchase the bikes. Chair Sarnoff All right, so it's about a 10 percent variant and you're -- these bikes last for how long, two years? Mr. Camero: It's a two-year contract -- Commissioner Gort: What's the lifespan of a --? Chair Sarnoff Of a Harley, it should be a lot -- Mr. Camero: -- with option to renew for another two years. Chair Sarnoff With an option for another two years. Mr. Camero: Right. Chair Sarnoff And my understanding is that these bikes put on how much -- somebody wrote to me 16 miles per day? Mr. Camero: I don't know the miles per day, but what we've been finding out it's about 15,000 miles per year. Chair Sarnoff Fifteen thousand? City ofMiami Page 16 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Mr. Camero: Yes. Chair Sarnoff Okay. I mean, it's hard with what we know, I think, to second guess your procurement. Again, being -- having purchased a number of these bikes, you know, you end up getting a Road King, which goes for about $16, 000. My guess is your police package adds another 2 or $3, 000 to that, so you're looking at an 18, $19, 000 bike. And if you just do the numbers, it just doesn't -- I don't know. There's something missing. Commissioner Gort: And it's four years. Chair Sarnoff Right. Commissioner Gort: It's four years. Mr. Camero: Four years. There's a two-year option. Commissioner Gort: That's the lifespan. But the lifespan -- I don't know about the bike; you do. The lifespan, my understanding, I was told, is four years. Chair Sarnoff That's probably about right. Commissioner Gort: So you multiply the four years rental versus the buying, you save what? Mr. Camero: Then your five hundred is correct. Commissioner Gort: And you're saying the only reason we rent is because we don't have the money now. Mr. Camero: That's -- Chair Sarnoff Okay. Glenn Marcos: Commissioner, Glen Marcus, Purchasing director. I would agree with Commissioner Gort's statement. I believe that the market has changed to the point that in today's market, it would probably make sense in buying the motorcycles versus leasing. However, because of the fact that you would have to -- the City would have to fork up the money upfront and pay for those bikes close to $400, 000, we don't -- I don't think we have that ability right now. Chair Sarnoff And we presently lease or own them? Mr. Marcos: Lease them. Chair Sarnoff Lease them. Commissioner Gort: My question is, at the end of the four years, these motorcycles being Harley-Davidson, they have a value. Chair Sarnoff Yeah, they do. Carlos A. Migoya (City Manager): They do have a value. Commissioner Gort: I mean, there's people are willing to sell it to you for $10, 000 after two years. You know, that's -- City ofMiami Page 17 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Right. Commissioner Gort: I got a problem with it. We don't have the money to buy it? Mr. Migoya: We really don't have the money to buy them, but you know -- because at the end of the day, it's a complete expense. For us to buy them this year will be a complete out-of-pocket at one time. The other side is, even though Harleys and Road Kings have a value, these will be 60,000 miles on a motorcycle. It's a lot of miles. So the value at that point in time would be questionable as to how much these bikes will be worth. Chair Sarnoff You're prejudiced against American bikes. Mr. Migoya: I am. But by the way, Ferrari does not make motorcycles. It's Ducatis or (UNINTELLIGIBLE). Chair Sarnoff All right. Any further discussion? Go ahead. Commissioner. Commissioner Suarez: I think this is exactly the kind of discussion that we need to have. It's very similar to the one that we had kind of after -the -fact with reference to the chillers in that center. The one concern I have in terms of buying them, aside from the upfront cost, is that at the end of the -- whenever we decide we're -- they're not useful any more, even though they have a market value of whatever it is, maybe 10,000, whatever they are at the end of the life expectancy, are we going to sell them at that value or are we going to give them to another municipality at a lesser value like we did with the cars recently? So that's the only question I have. And you know -- so, I mean -- Chair Sarnoff That's true. We'd have to -- Commissioner Suarez: I don't know if that factors into the analysis for anybody. I'm just -- it's just something that, in a very short institutional history here, has happened once before and so I'm just bringing that to the attention of the Commissioners. Mr. Camero: Commissioner, the estimated -- on the analysis that we prepare, the estimated resale value, we cut it by half so it would have been $8, 000 per bike. Commissioner Gort: By the way, the cars, that was something that was promised before I came in here so that (UNINTELLIGIBLE). And my understanding is we did the analysis and we came out about even. Commissioner Suarez: No. And I'm not saying that. I'm just saying, you know -- Commissioner Gort: And from now on, you can make sure this guy is not going to bring anything else to give to anyone. Everything is going to be sold. Mr. Camero: One correction. That $8, 000 we estimated after two years. Chair Sarnoff Right. Mr. Camero: Right. Chair Sarnoff Right. Commissioner Suarez: So -- Chair Sarnoff All right, the conclusion. The conclusion is that we could, correct me if I'm wrong, Mr. Manager, demand that you buy them, go into your reserves by $400, 000, saving us City ofMiami Page 18 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 on the back end about $40, 000, is that right? Mr. Camero: Forty-eight thousand. Chair Sarnoff Forty-eight thousand dollars. Or we could go with your contract -- I guess the only apples to apples and apples to orange here is the lease provides us maintenance and the ownership would not, correct? Mr. Camero: The lease -- yes. That is -- well, you have the warranty. Chair Sarnoff So the only -- so the risk we'd have is -- what would the maintenance be on the bikes? Commissioner Gort: Well, you have a guarantee for two years. Mr. Camero: You have the warranty from the dealer, yes. Commissioner Gort: From the dealer for two years, if you buy it. Chair Sarnoff But you wouldn't have wear and tear parts and you wouldn't have oil changes. Mr. Camero: No. Commissioner Gort: Well, that's one question. What do they --? Mr. Camero: That was included in the analysis of a saving. Chair Sarnoff That was included? Mr. Camero: In the analysis of a saving, yes. Chair Sarnoff So you're saying -- help me with that, Johnny. Commissioner Gort: They provide services, all kinds of services? Chair Sarnoff Well, if we bought them, was that analysis factored in that we would be shouldering the maintenance? Mr. Camero: The maintenance was $34, 000 for two years and the established value was for two years. Chair Sarnoff So just to go with Commissioner Gort's thought, is there still a valid 42,000 -- 48 -- or $48, 000 savings if we buy them? Mr. Camero: Yes. Chair Sarnoff Yes. So those were all factored in, you're saying? Mr. Camero: Yes, all factored in -- Chair Sarnoff Okay. Mr. Camero: -- for two years. Chair Sarnoff All right. City ofMiami Page 19 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Gort: But we don't have the money now, so -- Chair Sarnoff So we've got a motion. We had a second. Am I right, Madam Clerk? Commissioner Gort: No. Chair Sarnoff Or did we register -- Pamela L. Latimore (Assistant City Clerk): We don't -- Chair Sarnoff -- we do not register it? Ms. Latimore: -- have a motion -- Commissioner Gort: No, we didn't have a motion. Ms. Latimore: -- we do not have a motion and we do not have a second. Chair Sarnoff Is there a motion? Commissioner Gort: Move it. Chair Sarnoff All right, Commissioner Gort. There's a motion by -- Commissioner Dunn: Second. Chair Sarnoff Commissioner Gort, second by Commissioner Dunn. Any further discussion, gentlemen? Hearing -- Commissioner Suarez: I defer to whatever Commissioner Gort wants to do on this. Chair Sarnoff I think it's -- Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff It's a tight decision. It could go either way. Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II Chair Sarnoff All right, gentlemen. We're going to the consent agenda. We have pulled, that my record shows, CA.1, CA.5, CA.8. Would there be a motion for the remaining CAs (Consent Agenda) ? Vice Chair Carollo: So moved. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. Any discussion, City ofMiami Page 20 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 9:00 A.M. gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PUBLIC HEARING A sign language interpreter translated discussion of item PH.1. PH.1 RESOLUTION 10-00418 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), RELATING TO THE PROPERTY LOCATED AT 400-420 Development SOUTHWEST 8TH AVENUE, AND 430 SOUTHWEST 8TH AVENUE, MIAMI, FLORIDA, AS LEGALLY DESCRIBED ON EXHIBIT "A", ATTACHED AND INCORPORATED, COMMONLY KNOWN AS THE TEATRO MARTI PROPERTY, CONVEYED TO TEATRO MARTI APARTMENTS, LLC PURSUANT TO CITY OF MIAMI RESOLUTION NO. 09-0089 ADOPTED FEBRUARY 26, 2009, FOR THE DEVELOPMENT OF A MIXED -USE, ELDERLY HOUSING RENTAL PROJECT ON THE SITE, REVISING THE PROJECT RESTRICTIONS AND REQUIREMENTS AS INDICATED ON EXHIBIT "B", ATTACHED AND INCORPORATED; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-00418 Legislation.pdf 10-00418 Exhibit.pdf 10-00418 Exhibit 2.pdf 10-00418 Summary Form.pdf 10-00418 Public Notice.pdf 10-00418 Goals.pdf 10-00418 Pre-Legislation.pdf 10-00418 Exhibit A.pdf 10-00418 Exhibit B.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II END OF PUBLIC HEARING ORDINANCES - SECOND READING SR.1 ORDINANCE 09-00094 Second Reading District 5- AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Commissioner 11.5, ARTICLE II OF THE CODE, OF THE CITY OF MIAMI, FLORIDA, AS Richard Dunn H AMENDED, ENTITLED "CIVILIAN COMPLAINT INVESTIGATION AND REVIEW/THE CITY OF MIAMI CIVILIAN INVESTIGATIVE PANEL," MORE PARTICULARLY BY AMENDING SECTION 11.5-28, ENTITLED "MEMBERSHIP; NOMINATION OF MEMBERS; TERMS OF OFFICE AND VACANCIES; APPOINTMENT OF THE CIP NOMINATING COMMITTEE;" TO City ofMiami Page 21 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 AMEND THE MEMBERSHIP, APPOINTMENT PROCESS AND TERMS OF OFFICE; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 09-00094 Legislation SR .pdf 09-00094 Cover Memo SR 6-10-10.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 Note for the Record: Item SR.1 was deferred to the City Commission meeting currently scheduled for June 24, 2010. Chair Sarnoff Looks like we are at SR (Second Reading) -- Commissioner Gort: One. Chair Sarnoff -- cause we -- yeah, SR. 1. It is the CIP (Civilian Investigative Panel). You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I'd like to move this item for discussion. Chair Sarnoff All right, there's a motion by Commissioner Dunn. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Second by the Vice Chair. Let me have a public hearing opened up. Anybody from the public wishing to be heard, SR. 1, Civil Complaint Investigation and Review/CIP panel, please step up to the mike. Ms. McAliley, you're recognized for the record. JanetMcAliley: Thank you, Mr. Chair, and thank you, Commissioners. I'm -- my name is Janet McAliley. I live at 3 Grove Isle Drive, Apartment 807, Miami, 33133. I am here on behalf of the Civilian Investigative Panel. And at our meeting earlier this week, we -- I was commissioned to tell you that we are opposed to the changes in the -- of the amendment. The CIP embraces diversity. Assiduously, we have tried to have a diverse panel. We have advertised. We have gone to NET (Neighborhood Enhancement Team) offices. We've gone to Commissioners' offices trying to solicit a lar -- a variety of applicants for membership on the CIP. Nothing in the existing ordinance prohibits us from adding outside citizens to the nominating committee. We have submitted a number of names to you for your approval for membership on the CIP, and we've had very little response. We've been really working at this for a couple of years now. It is most important that we have a diverse panel and that the members have the time and the diligence to do the detailed work that is often required of the members. That is essentially my message to you, butt want to end again by saying that we oppose the proposed changes. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on SR. 1, please step up. Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort is recognized for the record. Commissioner Gort: I'd just like to be able to know you got new Commissioners up here. I already sent one name for the person that you interview and you accepted. I have a second candidate right now that's filling out the documentation that lives in the area. He's an attorney and he's willing to serve on the -- and it's up to us, the Commissioners, to identify the right people and select [sic] the right people to you, and you're the one that make the final decision City ofMiami Page 22 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 because they have to fill out the application, they have to go through your process. If you don't agree that the people that can serve, then just don't accept them. That's it. But I don't have any problem with the ordinance the way it is. Chair Sarnoff Anyone else? Vice Chair Carollo: I think -- Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Yes, Mr. Chairman. No. I was -- I had a conversation with Ms. McAliley earlier this week sort of casually, and one of the things that we talked about is the process or the procedure. And Commissioner Gort, your -- the way that you pretty much had some input, I think our main concern with this ordinance is that we want to ensure -- and I believe I hear you saying that as well -- that diversity is achieved and that it reflects a balance of the respective districts and, particularly, the City ofMiami. And so that's basically our main concern. Now, I do want to say at the last meeting, when this came up, this item came up, Chairman Sarnoff and Commissioner Suarez raised the question of whether allowing the Mayor to select two from the list provided by the CIP for Commission's appointment was a violation of the Charter. I believe that issue came up, and the City Attorney has attached a memo that I hope addresses that concern, which, as I read, means that whether we let the Mayor participate or not, is totally up to us, the Commission. I have -- you know, either way, I'm willing to follow the wishes of the Commission. I have no real issue either way. But I think the main issue that I don't want to get off of is that we want to make sure that there is diversity reflected on the CIP, as I stated. And I just looked at the certificate, the oath. It was in 2003, during its inception, and I was a part of the CIP original panel so I feel very strongly about this. And I remember its intent and its purpose and what we were trying to achieve at the time the City was -- had a -- had -- was trying to overcome some issues as it related to police brutality. And since that time, things have gotten much better. Chair Sarnoff All right. Vice Chair, you're recognized. Vice Chair Carollo: No, that's okay. Chair Sarnoff Commissioner, no? Mayor Tomas Regalado: Chairman. Chair Sarnoff Let me -- yes, Mr. Mayor. Mayor Regalado: I'm sorry. I -- if the recommendations -- because the Mayor does not make an appointment; it's just a recommendation to the board -- and it's an issue, you know, I don't have any problem with me not having any recommendations at all. I do think -- because I was here, and we wanted to have a very strong board. We wanted to have a better representative board. We wanted to have a very independent board. This is the only board in the City ofMiami that was created by the voters. Seventy-six percent of the voters of the City ofMiami voted to create the CIP panel. And I just think that although we have issues with the budget and all that, I think that what the board has phased is noncooperation from the past administrations, and I say it. There is no public relations campaign that have done so the people know that the board exist nor that the people know what are their rights to go before the board. I just wanted to state that if it's -- the problem is the recommendations, I'm fine with having only the Commission or the steering committee of the board pick up the names for you then to ratify, 'cause the ultimate decision is to you. Commissioner Gort: Is to us. City ofMiami Page 23 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Mayor Regalado: You can reject or accept the recommendation. Chair Sarnoff Vice Chair. Vice Chair Carollo: IfI read this ordinance correct -- first of all, I think the City Attorney already opined -- but ifI read this correctly, two persons from each district and then two from the Mayor. However, the Mayor represents the whole City ofMiami, so it's really not the Mayor; it's really two at -large. I mean, we're putting the Mayor's name there. So I really don't see an issue, Mr. Mayor, because you represent the whole city. So in essence, what we're having is two individuals for each district and then two at -large because you represent the whole city. So I don't really see a problem with it, and I think the City Attorney also opine, so that's it, Mr. Chairman. Thank you. Chair Sarnoff All right. First, I want to recognize Commissioner Dunn as a founding member of this board. I think this board certainly had its purpose and certainly continues to have its purpose. I have been at odds with this board on many occasions predominantly over its fiscal responsibility and probably will continue to be at odds with this board on many occasions over its fiscal responsibility. However, for this board to be truly independent means that this Commission should not have any input at -- whatsoever in who should be placed on this board. And I equally caution each one up here, this board has subpoena power. You are putting yourself one step away from either a news article or an investigation where there could be a very effective argument of undue influence by this Commission to use that subpoena power. I believe that the citizens passed this board because they wanted to see an independent board operate in the City ofMiami to look at police issues, which at that time, were -- certainly, the City ofMiami was a very different police department. With regard to diversity, there's a suggestion up here, and I could actually argue its reverse discrimination, to suggest that only Commissioners can create a diverse board. Part of the problem with this board historically is the amount of time and effort that's necessary to put, just in raw man hours, to be a CIP board member, and that takes a person either in a retirement age or a person that doesn't have a full-time job or a person that has a certain affluence to be able to put the man hours in necessary to -- for this board to be in existence, so that's why I oppose it. That's why I continue to oppose it. With regards to the Mayor's participation, you know, you have a very good Mayor right now. After you, there may not be a very good mayor. And after that mayor, there could be a very poor mayor. Each time this board cedes its power, it loses its separation of state, its separation of powers to an administrative function. And while it may seem like a good idea while Mayor Regalado is the Mayor, it may not seem like a very good idea when, you know, Mayor Pex Bad Boy is the mayor. And it's very difficult with a very powerful mayor to not come under his influence and pass because he has put that in front of us. So I would stress to each one of you judiciously guard your powers. The one thing historically the City ofMiami, and more or less, now South Florida, has demonstrated men are corruptible. However, three or four men are harder to corrupt, and that's why this entire legislative body exists simply because most of the power is in the Commission and it should remain in the Commission and it should be free of influence, and that's why I strongly urge you, based on the subpoena power of this board, based on the fact that there is some -- I don't know if it's a legitimate 'cause I think it's an illegitimate argument -- that the Commissioners will appoint diverse people; the board can appoint diverse people. And the third issue is do not cede your powers; judicially guard them, gentlemen. I will not be supporting this ordinance. Anyone else? Vice Chair Carollo: Yes. Mr. Chair. Chair Sarnoff You're recognized for the record. Vice Chair Carollo: After hearing you, I have questions because I want to make sure I understand this. Does each Commissioner give the blessing and say, so and so -- let's use, I City ofMiami Page 24 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 don't know, Jane. Jane, apply to CIP so it come back to the Commission. Or can anyone from my disfrict apply to CIP and then come back to the Commission? So -- because that's how I understand it. Anyone from my district -- and at least two people from my district can apply, come back to us, and we approve. So it's not that I am sending someone. However, like Commissioner Gort suggested, you know, we should get active and, you know, find people and so forth, see if they're interested. But realistically, anyone from my disfrict, without my knowledge, can go and apply to CIP, and then those names comes back to us, to this Commission. That's why I'm saying as far as the Mayor's appointees, realistically it's not the Mayor giving someone a blessing. Anyone from the City ofMiami -- which, in essence, that's why I'm saying it's really two at -large people or two at -large appointments -- can go apply to the CIP without the Mayor's knowledge, come back to us and for us to approve. Commissioner Dunn: Mr. Chair? Vice Chair Carollo: You follow? Commissioner Dunn: Yes. Chair Sarnoff Oh, I understand what you're saying. Commissioner Dunn: Oh, I'm sorry. Chair Sarnoff Go ahead. You're recognized. Commissioner Dunn: Mr. Vice Chair, were you finished? Vice Chair Carollo: Yes. Commissioner Dunn: Okay. Vice Chair Carollo: By all means. Commissioner Dunn: I'm frying to recollect the process -- help me out, Mayor and Commissioner Gort -- that was utilized in the very outset. IfI can remember, help me out, panel members, committees were set up by the Commissioners from the community that represented several groups, organizations, areas, districts, and there was a vetting process or applicational [sic] process where we were interviewed, ifI can remember. The Commissioner themselves -- or the Commissioners themselves did not make the appointment, but they allowed it to be -- they had input to some extent where this was somewhat reflective of our community. Is that how that went? Help me. Mayor Regalado: The way I remember -- and Janet was here from the beginning -- is that the groups that help us create by ordinance CIP recommended a selection committee, and then the names will come to the City Commission for approval or rejection. They were the ones, the selection committee, that would send the names to us. It's basically the same process that Miami Parking Authority has where they select the names of the people and they send it for confirmation to the City Commission. I remember that I sent several names to them and they told me I was the only one that had sent. This was many years ago. I send them several names and from them they interviewed. But, you know, I think the Vice Chair -- what I think that the Vice Chair is saying that what the intent of this is to have two by districts, not two selected by Commissioners. Commissioner Dunn: Okay. Mayor Regalado: That's -- I don't know if that is the intent of this. Maybe Janet can -- City ofMiami Page 25 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Gort: That's my understanding, the intent of this. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Mr. Chairman, thank you. I would like to respectfully request of Commissioner Dunn, who is the sponsor of this legislation, if he wouldn't mind, if we could defer it for two weeks simply because I was confused the first time. To be honest with you, I'm confused now as to the operation of this, as to whether this is about some kind of additional nominating committee, whether this has to do with the CIP nominating committee. I'm completely befuddled and that's not easy for me. So I would respectfully request, if it's okay with you -- I don't see the harm in delaying this another two weeks so we can -- so I can take a more in-depth look at it, if you don't mind. Commissioner Dunn: I have no problems with deferring for two weeks, but I do --I would like for us -- if we could just get a little bit more clar -- I'm fine with it. So I'm just saying -- Commissioner Suarez: Okay, yeah. Commissioner Dunn: -- no, no -- clarification on -- I think I'm getting it now as well in terms -- butt would like to ask before we do that, the -- for the City Attorney to talk about the at -large appointments, what's the difference then versus now, what we're proposing now, the Mayor's appointments. Maria J. Chiaro (Deputy City Attorney): Right now the Mayor selects three people for the City Commission to appoint. Commissioner Dunn: So that's already -- Ms. Chiaro: Right now. The Mayor -- under the current ordinance, the Mayor selects three appointees -- Chair Sarnoff Well, here's -- Commissioner Gort: He should be -- Ms. Chiaro: -- for the City Commission to appoint. Commissioner Gort: -- doing that. Chair Sarnoff -- what Section 1 says. Nine members appointed by the Commission from the names submitted by the CIP nominating committee. Section 2, three members selected by the Mayor from the names submitted by the CIP nominating committee (which shall be ratified and appointed by the City Commission) and one member appointed by the chief of police. So -- Chiaro: This is reducing -- the proposed amendment reduces the number of names that are submitted by the Mayor. Commissioner Gort: Right. Chair Sarnoff Well -- Commissioner Gort: Yes. Mr. Chairman. Chair Sarnoff Yes. City ofMiami Page 26 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Gort: My understanding, the reason -- and I'm not the one that created this ordinance. But my understanding was that they had problem in having diversified board members on this. The Commission in the past was not able to suggest. I've talked to two individual [sic]. One has already been interview. It was accepted by them. They're the one that do the interview. They're the one that realize that the person could be a good board member or not and they will come in front of us. Anyone thatl appoint to any one board, I ask them to make their own decision. I never influence any of my board members. So I don't have any problem in following this. And the reason you need the diversification because police cases, they're different in different neighborhoods. There's different attitudes in different neighborhoods. And a lot of time, if you don't have a component of that neighborhood, it's very difficult to understand what's taking place, believe it or not. It's not as black and white as we think it is. Commissioner Suarez: Mr. Chairman. Commissioner Gort: And that's why I think it's a good idea. And their decision's up to them. They're the one that make the decision. We have to make sure that we suggest people that qualify and they're willing to commit to the board. Chair Sarnoff Commissioner, you're recognized. Commissioner Suarez: I completely agree, andl thinkl said it the first time, with Commissioner Gort and Commissioner Dunn's objective in terms of creating the diversity in the board. I think it's essential. I think they're absolutely right that, you know, all our districts are different. And the impact of having a citizen panel that can regulate police conduct is enriched by the fact that, you know, we have members that are from a specific area so that we have diversity of opinion and experiences and all that. I'm a little confused on the mechanism. That's where I'm confused on, 'cause it seems like there's a CIP nominating committee. I'm not sure if what we're doing is trying to regulate that CIP nominating committee or are we creating some other kind of -- like a judicial nominating committee by the City Commission that is then taking the CIP nominations to that committee and then that committee recommends them to the City Commission. I'm just confused completely by the mechanism, and I don't think it's very clear from what see in front of me that just reread -- I just don't think it's clear as to what we're doing. Commissioner Gort: Defer it. Ms. McAliley: Mr. Chair. Commissioner Gort: Defer it. Commissioner Suarez: That's why I'm confused. Commissioner Dunn: (UNINTELLIGIBLE) deferral. Commissioner Suarez: That's the only reason why I'm confused. I'm not against the policy. Commissioner Dunn: No. Commissioner Suarez: I want to make sure obviously that it's constitutional, certainly. Commissioner Gort: I agree. Commissioner Suarez: I mean, that's something that I'm -- that was concerned about in the first time. City ofMiami Page 27 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Gort: There's a motion to defer. Commissioner Suarez: Yeah. Chair Sarnoff Well, and one last thing, if you read the Mayor's section, it doesn't give this Commission any discretion. It says "which selections shall." The word "shall" was carefully drafted by the City Attorney. It doesn't say should be. It says "shall." "Shall" is a mandatory language that is drafted by legisla -- am I wrong? I could give you legion of case law that the word "shall" does not provide any discretion. Ms. Chiaro: Well, it doesn't say, though, that the Commission shall appoint the Mayor's recommendations. It says the Mayor shall recommend and the Commission may appoint in the amendment. Chair Sarnoff It says "which selection shall be ratified and appointed by the City Commission." It gives us no latitude. Ms. Chiaro: That's the -- Chair Sarnoff It gives us no discretion. Ms. Chiaro: But that's the language that you're changing. That's the amendment. Ms. McAliley: Mr. Chair. Ms. Chiaro: You're changing that language. That's the proposal. Currently, it says you shall rati -- Commissioner Gort: "Shall," yeah. Ms. Chiaro: -- you shall appoint the Mayor's names. The proposed amendment gives the Commission the discretion to reject, if you will, the Mayor's names. Commissioner Gort: Right. Ms. McAliley: Mr. Chair, I would like to give some clarification on how this all came about. The ordinance -- or the Charter amendment that passed in November of 2001 provided for a nominating committee, which was established by the Commission from recommendations by various community organizations, and it was a very diverse nominating Commission [sic]. They advertised. They received applications. They interviewed a number of people, and from that group -- and it was provided by the ordinance, that the nominating committee would nominate or send 24 names to the City Commission. From that 24 names the Commission would appoint 9 members, the Mayor would appoint 3, and the chief of Police would appoint 1. After that, the CIP itself would regenerate itself with new members as the vacancies occurred, and that is what we have done. And each time we have had vacancies and we have advertised and interviewed and selected applicants, we have sent those names to the City Commission. The Mayor, after his initial three appointments, was not involved in appointing members to the CIP. In fact, we have continued to do that. We have sent names to the Commission to fill vacancies for close to two years now without getting any action. We have continued to meet with a -- as a -- in a -- as a nominating group, and we now have nine names, including three incumbents, myself included, Mr. Moore, who is seated in the back of the room also, and Bess McElroy. And those three names, plus six more, are available if -- from that group you would have an opportunity to fill any district slot on the CIP that doesn't have representation. We just need to be able to get them to you. This keeps being deferred and deferred and deferred, changing the ordinance, considering nominees to fill vacancies. Please, don't keep putting us through this. We -- we're a City ofMiami Page 28 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 SR.2 group that wants to function as we are required by the Charter and the ordinance. Chair Sarnoff All right, so what's the pleasure of this Commission? Commissioner Gort: My understanding is -- Commissioner Dunn: Well, he -- Commissioner Gort: -- there's a motion and a second for deferral. Commissioner Dunn: For a deferral for two weeks. Is that correct? Commissioner Suarez: I'm frying to get a handle on it. Commissioner Dunn: Okay. Commissioner Suarez: But -- I mean, I think a deferral for two weeks would be beneficial, if that's okay with the Commiss --? Chair Sarnoff So the mover needs to withdraw his motion. Commissioner Dunn: So moved. Chair Sarnoff The mover -- Commissioner Dunn: I mean (UNINTELLIGIBLE). Chair Sarnoff -- withdraws his motion. The motion now dies. Commissioner Suarez has a motion to defer for two weeks or is it continued? Commissioner Gort: Continue. Chair Sarnoff Continue for two weeks. Vice Chair Carollo: Deferred. Commissioner Suarez: Yeah. Chair Sarnoff For the next Commission meeting. Commissioner Suarez: Yeah. Chair Sarnoff All right. Commissioner Suarez: So move. Chair Sarnoff There's a second -- Vice Chair Carollo: Second. Chair Sarnoff -- by the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. ORDINANCE Second Reading City ofMiami Page 29 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 10-00661 District 3- Commissioner Frank Carollo AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-33 OF THE CODE OF THE CITY OF MIAMI, 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 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 Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Suarez and Dunn II Noes: 1 - Commissioner(s) Sarnoff 13182 Chair Sarnoff All right, SR.2. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner -- Vice Chair. Vice Chair Carollo: Thank you. SR.2 is a second reading. It's an ordinance of the Miami City Commission, amending Chapter 2, Article II, Section 2-33 of the Code of the City ofMiami, Florida, as amended, entitled "Administration/Mayor and City Commissioner [sic]/Order of Business and Rules of Procedure"; to provide for suspension of the distribution of agenda items rule only by unanimous vote of the City Commission; containing a severability clause and providing for an effective date. This is better known as the `five-day rule." I think most of us saw in the last meeting how it could be implemented correctly and how there's a need for it. I think I started getting momentum that even some of the Commissioners here, you know, mentioned the five-day rule. I also want to mention that I commend the Manager for early implementation of the five-day rule. That shows, you know, the Administration does follow what this Commission wants, the will of this Commission, so I have to clearly say I was taken off guard by it, I was surprised, and you know, it must be commended. Thank you for the early implementation. And I seek to hopefully get the unanimous support for the second reading. Thank you. Chair Sarnoff All right. Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Ladies and gentlemen, it is an ordinance requiring a five-day rule. Anyone from the general public wishing to be heard? Hearing none, seeing none, the public hearing is now closed, coming back to this Commission. Any comment by the Commissioners? I will say I could support this. I give you absolute laudable praise, Mr. Vice Chair. However, a five fifths vote allows and affords for shenanigans. It simply does not give you the latitude to do what may be an emergency, what may need to be done, and may even be a cost -savings to the City because if one Commissioner stands on a five -- if one Commissioner will not yield -- and we're all human. We're all subject to our own anger, City ofMiami Page 30 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 frustration, especially with the Administration. And to allow one man to stand in the way of what could be necessary legislation, important legislation so that a readvertisement of that hearing in the tune of between 17 and $70, 000, which is what it cost, depending upon the type of hearing, simply affords too much shenanigans. If you can get a four fifths vote, which is, I think, a significant vote, it certainly is enough to override a mayoral veto. I would suggest and strongly urge my fellow Commissioners to allow this to be a four fifths. I think your objective is laudable. I think you've done a great job. I think the fact that we have five days to read something is absolutely necessary. It just doesn't give you a window into what could be unforeseen circumstances, especially during budget, especially when you've already seen you're going to have four Commission meetings in September. If one Commissioner stands on the five fifths rule, you could have six, seven, or eight Commission meetings in September. So it will not have my support unless it has a four fifths requirement as opposed to a unanimous five five support. Commissioner Suarez: Mr. Chairman. Chair Sarnoff With that said -- yes, sir. Commissioner Suarez: I prefer the four fifths portion on this particular ordinance. However, I did support it on first reading; I will support it on second reading. My preference is for it to be four -fifths because, logically, ifyou can convince essentially the entire Commission, with the exception of the person who's invoking the rule, it would make sense that -- it acts kind of like a mayoral veto override. I think, in the first reading Commissioner Gort expressed -- and I don't want to put words in his mouth, but he did express that he would be willing to overturn the ordinance. And I don't want to put words in your mouth, Commissioner. But he said that, you know, he would be willing maybe to relook at this in the future if it's being abused by one particular Commissioner. I don't know if -- I don't want to put words in your mouth, butt would certainly be willing to revisit this issue if it's being, you know, abused by any Commissioner. I'll yield to the discretion of the Vice Chairman, who, you know, enacted this and proposed this. But certainly, I'll be the first one -- I think you would obviously support that, and I think, you know, Commissioner Gort would also be amenable to supporting a repeal of this or a change of it to four fifths if it's been abused in any way, shape or form by any one Commissioner, so -- Commissioner Gort: Mainly -- Vice Chair Carollo: Mr. Chair -- Commissioner Gort: -- I believe the -- this -- and not this present Adminisfration, but in the other administrations in the past, the uniform has been bringing items in here as the special ordinance and we needed to do it right away. I think this makes the Adminisfration and the people aware that if you're going to bring something to us, it's going to be realistic. It's not going to be an emergency ordinance just because they wait until the last moment to pass this emergency ordinance. I think this is a message to the Adminisfration, to the directors ifyou want something passed, move on it. If it's a real emergency, I'm sure nobody's going to oppose to it. And if it's being abused, we can always repeal it. Chair Sarnoff Anyone else? Vice Chair Carollo: Mr. Chair. Chair Sarnoff You're recognized. Vice Chair Carollo: I'm not going to get into some long discussions. I think we're rehashing everything that occurred in the last meeting. I do think this is a very good ordinance, and I do feel that what has happened in the past of bringing items to us or any one of us in the last minute City ofMiami Page 31 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 is going to stop. I think it's going to make the Administration honest, and that doesn't mean this Administration, that doesn't mean this Manager, and so forth. But the bottom line is, I think any one of us -- and what I'm doing is -- we're not preventing something to pass. All we're saying is give us the allotted time, the right amount of time to study an issue. So the truth of the matter is that if it doesn't go in this meeting, it'll go in the next meeting. And if it's really that important, call a special meeting then. I mean -- but the bottom line is I'm not going to rehash the previous conversations we had, the previous discussion. I think this was well debated for ample amount of time. And I just ask that -- and request, call the question. Chair Sarnoff All right, we'll call the question. I just want to close with one thing. We're all human, and we all get frustrated. About two weeks ago, I was angry at the City Manager. I'd never been angry at him before. I didn't think he was giving me a very fair answer. I don't know that if something came up that he wanted me to hear at the last minute, I would have let go of my dogged bullheadedness, and I may have called and enforced that five five rule. And you all might have said, you know, Commissioner, it's an amendment. It's a $10, 000 variant. You know, you're being bullheaded. And you could argue to be I'm big bullheaded, but sometimes when you're bullheaded and you're angry and you're frustrated, you stand your ground. And you can cost the taxpayers and you can cost -- it just -- it affords you some very bad practices, a five five rule. Enough said. All right, Madam City Attorney, it is an ordinance. Commissioner Gort: If that happens, we'll take it in the back room. Vice Chair Carollo: And -- Chair Sarnoff That's what I'm afraid of. Vice Chair Carollo: -- Mr. Chairman, if there's too many bullheaded, you know, incidents like that, the voters, I'm sure, will also be looking and will vote you out of office, so you know, I think there's the checks and balances there. Commissioner Gort: It can always be repealed. Ms. Bru: Mr. Chairman, the ordinance title has already been read into the record. Chair Sarnoff Oh, okay. So Madam Clerk. Pamela L. Latimore (Assistant City Clerk): Roll call. Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff No. City ofMiami Page 32 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 SR.3 10-00634 Office of the City Attorney Ms. Latimore: The ordinance is adopted on second reading, 4-1. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING CHAPTER 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 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 13181 Chair Sarnoff All right, SR.3. Julie O. Bru (City Attorney): Mr. Chairman, this is a second reading on the ordinance that amends our billboard regulations in the City ofMiami. Deputy City Attorney Warren Bittner will address the Commission with any questions that you have about this. Chair Sarnoff I'll tell you what, I believe less is more here, so let me do this. Let me get a motion and a second, and then we'll open it up to public hearing. Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff Got a motion by Commissioner Suarez, second by Commissioner Dunn. Public hearing is now opened on SR.3, which is a -- and amending the Title VIII [sic] of the billboard ordinance; creating a new Division 6, entitled "Billboards." Anybody from the general public wishing to be heard on SR.3, please step up. Hearing none, seeing none, it comes back to this Commission. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. Ms. Bru: Ready for the title? The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Latimore: Vice Chair Carollo? Vice Chair Carollo: Yes. City ofMiami Page 33 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 SR.4 10-00659 District 5 - Commissioner Richard Dunn H Ms. Latimore: Commissioner Dunn? Chair Sarnoff Off the dais. Ms. Latimore: Commissioner Suarez? Commissioner Suarez: Yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff Yes. Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: The ordinance is adopted on second reading, 5-0. Chair Sarnoff Let the record reflect that Commissioner Dunn participated in the entire ordinance; was only off the dais for less than 30 seconds. And I believe you would say you heard the entire issue? Commissioner Dunn: Yes, Mr. Chairman. Yes. Chair Sarnoff It's just that this is subject to litigation. I just want to make sure -- Commissioner Dunn: Yes, yes. Thanks. Ms. Latimore: Thank you, Chairman Sarnoff. Commissioner Dunn: Yes. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 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; 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 Motion by Commissioner Dunn II, 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 13183 City ofMiami Page 34 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff All right, SR.4. Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized, sir. Commissioner Dunn: I would like to move this item for discussion, if necessary. Commissioner Suarez: Second. Chair Sarnoff We have a motion by Commissioner Dunn. Do we have a second? Second by -- Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Suarez. Let me do this, Commissioner. Let me open up a public hearing. Anybody wishing to be heard on SR.4, which is the regulation regarding the murals in the City ofMiami to include a district -- the Design District as an additional area, please step up. Mr. Melton, you are recognized for the record. Dusty Melton: Thank you, Mr, Chairman. My name is Dusty Melton for the record, 3430 Poinciana Avenue, in south Coconut Grove. And let me say at the outset that I love murals. I had to smile a short time ago when Commissioner Suarez made a reference to the lack of institutional history in the chambers these days. Sometimes that can be refreshing and exhilarating. Sometimes it can be an impediment to good governance. And I'd like to provide a little bit of institutional history on this issue so that the governance here in the City of murals perhaps would be improved. My short history lesson is this. Several years ago when four of the current Commissioners were not Commissioners and when the current City Attorney was not the City Attorney, the City Manager, who was also not the current City Manager, proposed an ordinance amending the City's Sign Code to create a mural zone and promulgate regulations of murals, the number, the location, the spacing, the illumination. And it fell to the shoulders of an ordinary citizen, one of Commissioner Sarnoffs constituents, to come into the chambers and show a tattered copy of a County Commission agenda item from the summer of 1985. This agenda item completely rewrote the Sign Code of Dade County. It was the product of a year of negotiations between then -Commissioner Harvey Ruvin; now the Clerk of the Courts, and the industry, which was ably represented by former City Attorney George Knox and the other brilliant attorney and future City Commissioner, Arthur E. Teele, Jr. In the summer of 1985, in adopting its new Sign Code, the County Commission flexed its home rule charter powers and made this Sign Code applicable in every municipality, as well as unincorporated Dade. It is the governing statute for all signs of all kinds everywhere. Municipalities may have their own sign code, as the City does. It may be more restrictive than the County Sign Code. Miami Beach, for example, outlaws billboards. Here we have a section "regulate billboards." But Municipal Code, since the summer of '85, may not be more lenient than the provisions of the County Sign Code. The City Manager at that time withdrew his ordinance trying to create a mural zone because the mural zone needed to be created in the governing statute over at County Hall. The Manager came back to the Commission with a resolution asking the City Commission to formally request the County Commission to amend its Sign Code to allow the City to have a mural zone. That's exactly what happened. It went downtown. The City Commi -- the County Commission was more than happy, in the interest of harmonious relations with the City, to amend the County Sign Code. Embedded in the County Sign Code is a long street and avenue boundary description and a map of the City ofMiami's mural zone, and that is the proper process to achieve any growth in the zone, increase in the number of murals. Any other change, small or large, to the mural regulations in the City ofMiami have got to have their origins with an amendment to the County Sign Code. The proposition before you today, in Attachment A, would change this boundary description that's in the County Sign Code, a County Sign Code that does not give to the City the right to amend its version of the mural regulation. What's before you City ofMiami Page 35 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 today -- I'm trying to say this respectfully -- somewhat comically, includes in the amendment to the City Sign Code the right for the City to change the boundary. That's a right that the City does not have unilaterally. You cannot enlarge the zone. You cannot increase the number. You cannot do anything in a meaningful way, intellectually, without getting the County's agreement first. History -- institutional history demonstrates that the County was more than willing to work with the City to achieve the City's goals to create a mural zone. I respectfully suggest that this issue -- this item changing your City code will not make murals legal in the expanded area. It will be legally irrelevant. Those murals would be at risk of huge fines. Take a look at what happened in these chambers, please, several years ago. The proper way to do what you clearly, I think, want to do is to ask the Administration or ask the Commission to come back with a simple resolution formally requesting the County to make the amendment that's desired. And with that in hand approved, go to County Hall, and I would lay odds, since that's where I live, that they will be more than happy to make the change. That's the only way you can get from where you are today to where you apparently want to go. And that's my little institutional history lesson for you. Thank you. Chair Sarnoff Madam City Attorney, I was told by a lawyer that the City ofMiami opted out of -- and maybe this is the larger picture -- in August of 2009, the Dade County Sign Code. Is that a correct statement? Ms. Bru: That is a correct statement. And it is -- I know currently, or should I say recently, we're looking at just exactly what that means, opting out, you know. It can be construed very expansively or very limited, so we're looking at that actually right now, so how far does the opting out go. But to address his comments about expanding the boundaries, I think Pieter will be able to clarify that, 'cause I think that is not quite what we're doing on -- it is not what we're doing by this ordinance. Pieter. Pieter Bockweg: Pieter Bockweg, project manager, City ofMiami. What is before you is not an increase in the overall boundary that was approved by the County sometime ago. When the County approved their boundary, the City ofMiami had chosen to restrict certain areas within that boundary not to post any murals. All we're doing by way of this ordinance is to allow murals to be posted in a restricted area that we imposed on ourselves. It's not a restricted area the County imposed on us. We're not expanding the County boundary whatsoever. We're only redoing something that we imposed on ourselves. And so the County boundary stays as is. Chair Sarnoff Okay. Commissioner. Commissioner Suarez: So move. Mr. Melton: May I -- Commissioner Gort: It's been moved and second already. Mr. Melton: -- be recognized for one -- (UNINTELLIGIBLE) for one quick, final comment, please? Chair Sarnoff Go ahead. You're recognized. Mr. Melton: And I will shock Commissioner Sarnoff. (UNINTELLIGIBLE), Pieter may absolutely be correct, and I have no reason to doubt that he is not correct. The reading of the Attachment A, which has the street and avenue boundary, and it's attached to your agenda item today as Attachment A, reads -- to my reading read differently than what is in the County code. If it turns out that this is merely expanding the City Code to go back to the County's larger boundaries, hopefully the history lesson was mildly informing. Let me take this opportunity briefly, however, to say that the opt -out provision is the County -- there is an opt -out provision City ofMiami Page 36 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 that was inserted into the County Sign Code allowing cities to opt out. It is not ambiguous, at all. It is extremely specific. The opt -out provision only applies to Division 5 of the Sign Code of Dade County. Division 5 regulates signs along expressways. It does not allow the City to opt out of any other portion of the Sign Code of Dade County. And that ordinance, as brief as it was, is not in any way ambiguous. Chair Sarnoff How close do you have to be by the highway? What's the proximity? Mr. Melton: This is -- Chair Sarnoff Does the Code say that? Mr. Melton: -- a very good question. It's a very good question and it's relevant to a future agenda item, which will be the (UNINTELLIGIBLE) initiative. The Division 5 expressway regulations in the County Code, which the City has opted out of defines the expressway zone to be 600 feet from the edge of the right-of-way of an expressway. Mr. Siven's (phonetic) towers are outside of that zone. Chair Sarnoff Depending on how you measure it, I take it. Mr. Melton: How he measures them on his audiovisual displays at public meetings are outside the zone by his own audiovisual exhibits. Chair Sarnoff Okay. So -- Mr. Melton: But it's a good question, and it'll be very relevant in the future. Chair Sarnoff Is -- are -- is it your understanding that your County would issue an L -- I don't know what you call them there -- but LSRs, Legal Service Requests? Is it possible for us to get the County's position on what it thinks the City did by opting out? Mr. Melton: I would -- the CountyAttorney's Office is quite reasonable. Chair Sarnoff If we pass a resolution asking that the CountyAttorney's Office give us their take on what the opting out meant, is that something that you would shoulder and bring to them and ask them if they would give us a legal opinion on that? Mr. Melton: You would need -- Chair Sarnoff I'm not trying to outstrip our City Attorney. I just want to hear from their County Attorney what they think it means. Mr. Melton: I think the whole mural experience several years ago is informing because the Manager -- the County Manager learned that the City intended to fry to do a mural zone on its own, wrote the former City Manager and admonished him that you cannot do that. So I think there's a history offree-flowing communications between the County Manager and the County Attorney and the City Manager and the City Attorney on the issue of sign regulations in the past. But briefly to the point, the opt -out amendment -- the opt -out provision in this -- in the County Code that the City took advantage of is a paragraph. I mean, it's disarmingly straightforward, and it is in the Division 5 only, and says "You may, as a city, affirmatively opt out of this division only," and Division 5 is expressway signage. Chair Sarnoff Okay. Mr. Melton: Not mural signage, (UNINTELLIGIBLE) signage. Any of the other regulations on City ofMiami Page 37 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 all the other signs, this City is still bound by every other division, except for Division 5. Chair Sarnoff So the only thing Division 5 addresses is billboards? Mr. Melton: Yes. Expressway signs. Chair Sarnoff Expressway, you're right. And we call them -- Mr. Melton: All kind -- all forms of signs on expressways. Chair Sarnoff You're right, but we call them billboards, I guess. Okay. Mr. Melton: Well, the ones we've talked about mostly are billboards. Chair Sarnoff Right. Okay. Mr. Melton: But that division is expressway -- Chair Sarnoff All right. Mr. Melton: -- in nature. Chair Sarnoff So let's take care of this issue before us. Out of the mouths of victory you never snatch defeat. Would you like to say something? Mr. Bockweg: I just need to make a slight amendment to what is before you. Chair Sarnoff I can't believe -- did you say something incorrect? Mr. Bockweg: No, no, no. I just need to make a slight amendment -- an addition to the transect zone that was missed when we made the equivalent from 11000 zoning to the Miami 21 zoning, I need to include D3 as part of the zoning to make sure it covers all the encompassed area within the boundary. Chair Sarnoff Okay, you've absolutely lost me. I thought the issue that we're on was to include an area of the City ofMiami voluntarily kept out from an allowed zone from the County. Mr. Bockweg: That is correct. And when we passed the ordinance at first -- Chair Sarnoff Right. Mr. Bockweg:--11000 was in place. Chair Sarnoff Oh, I see. Mr. Bockweg: Now that Miami 21 is in place -- Commissioner Gort: Now it's under Miami 21. Mr. Bockweg: -- I need to make sure that -- Chair Sarnoff I apologize. Mr. Bockweg: -- the equivalent is posted before you, and I need to add D3 as part of the zoning transect. City ofMiami Page 38 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 FR.1 10-00692 Honorable Mayor Tomas Regalado Chair Sarnoff Okay. All right, so the amender accepts the substitution or is --? Commissioner Gort: Yeah. Chair Sarnoff Was that actually in the --? Commissioner Dunn: Yes. Mr. Bockweg: All the transects are in there, with the exception ofD3. Chair Sarnoff Right. So the -- Mr. Bockweg: I just need to add the -- Chair Sarnoff -- does the maker understand -- Commissioner Dunn: Yes. Chair Sarnoff -- the seconder understand? All right, any further discussion, gentlemen? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): For the record, Chair, your public hearing is closed. Chair Sarnoff Oh, I'm sorry. Yes, public hearing is closed. Ms. Latimore: Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance has been adopted on second reading, as modified. END OF ORDINANCES - SECOND READING ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "STREETS AND SIDEWALKS," BY AMENDING SECTION 54-9 OF THE CODE ENTITLED "PLACING SIGNS ON ANY PORTION OF PUBLIC RIGHT-OF-WAY, STREET OR SIDEWALK SURFACE" TO ALLOW FOR IDENTIFICATION OF DONORS ON TRASH CONTAINERS THROUGHOUT THE CITY OF MIAMI; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00692 Legislation SR.pdf 10-00692 Pictures FR/SR.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II City ofMiami Page 39 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff All right. Mr. Mayor, I believe you have an item which -- Mayor Tomas Regalado: I do -- Chair Sarnoff -- FR.1? Mayor Regalado: -- Mr. Chair. Yes, sir. It's -- Chair Sarnoff And I think it would be worthwhile hearing it while you're still here. Mayor Regalado: I would love to do that, if you allow -- Chair Sarnoff I'm going to recognize you for FR.1. Mayor Regalado: Thank you, Mr. Chairman, Commissioners. This is an ordinance that amends Chapter 54 of the Code of the City ofMiami, Florida, Streets and Sidewalks. Chair Sarnoff Gentlemen, page 14. Mayor Regalado: Page 14, that's right. Sorry. Placing signs on any portion of public right-of-way, street or sidewalk surface, to allow for identification of donors of [sic] trash can containers throughout the City ofMiami. What this is, this is a very simple request that we had had from merchants throughout the City ofMiami, especially in the downtown core, but also in the Allapattah area and other areas of the City ofMiami. And this allows the private sector to buy frash cans that are sponsored by this store or company. It is the same concept that they have in Times Square, in New York, where you have so many frash cans that people do not like throw things in [sic] the sidewalks, on the street. There's already -- there is already a group that has committed several thousand dollars to buy frash cans. So I respectfully request that you approve this on first reading. I understand that there was a question about the size of the -- and remember, this is not an advertising. It's just a sponsored by. If you look at many corners in the City ofMiami -- and I always wonder what is for the City in terms of revenue or -- there are signs on light poles that says, "Sponsored by Mercy Hospital" or "Comcast." This was supposed to be a program that -- I don't know if the City Attorney remembers -- will -- these companies will give money to the City to clean up. I don't know if that ever happened, but the signs are still there. And what we are proposing here is frash cans that will be serviced because they are in routes of the Solid Waste Department. And we believe that it's a good ordinance, number one, because the private sector wants to be engaged in the cleanup of the City ofMiami. And number two, because they're willing to spend their money in order to have a better and a cleaner city. So I respectfully request your support on this. Chair Sarnoff Mr. Mayor, did you get the picture of the trash container I sent to you late yesterday afternoon? Mayor Regalado: No, I did not. I have to see it. Chair Sarnoff There's a state-of-the-art can that they're actually not using in Times Square, but they're using it on the 34th Street BID (Business Improvement District) in Manhattan. It may be a more -- it may be, between first and second reading, we could create the ordinance that would fit that can. It may give people different opportunities and a little more flexibility, and it is truly the state-of-the-art can. So I think Tony Crapp -- I know I sent it to you, Tony. Maybe you can show it to the Mayor. I think -- being a garbage can enthusiast -- don't ask me why -- I have looked at a lot of garbage cans, and this is pretty much state-of-the-art. I just ask that you'd at least consider on second reading that we adopt standards that would demonstrate -- Mayor Regalado: It's fine with us. City ofMiami Page 40 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Okay. Mayor Regalado: This is coming back, I believe, on the 24th ofJune, so -- but I think, you know, trash cans are probably a small thing to be considered in the whole universe of problems that we have, but this is the private sector wanting to come forth and pay their money and do this thing. And, you know, it shows that the government wants to partner with the private sector. Chair Sarnoff All right. Let's -- Mr. Manager, I saw you giggling. You may have your Ferraris, butt have my trash cans, so -- Commissioner Suarez: Move the item. Chair Sarnoff Why don't we take a motion? Commissioner Gort: Move it. Chair Sarnoff And a second. We have a motion by Commissioner Gort, second by Commissioner Dunn. Let me open it up to a public discussion, then I'll bring it back to the Commission. Anyone wishing to be heard on FR.1, which is an ordinance that allows identification donors on trash containers, please step up to the mike. You're recognized for the record. Jumel Calixte: Good morning, Commissioner, staff. My name is Jumel Calixte, from Little Haiti. I think this is a good idea for the City ofMiami because in my community, especially District 5, especially Little Haiti, you know, you see trash piling all over the place, you know. And whenever -- sometime when the City put a trash can, they vandalizing the trash cans. So I would like to know how the Mayor is going to do it. Are they going to watch? They going to have a video camera, something like that, or hire other people to, you know, make sure that those guys -- those bad guys out there, not to vandalize, you know, those trash cans. Also the bench, you know, the City has been done [sic] a good job about the bench. But there is a lot of vandalize, especially in my community. When it come [sic] to sidewalk, ladies and gentlemen, you know, in my community, especially Little Haiti, Northeast 2nd Avenue, from 36th Street to 79, there are no paving sidewalk, ladies and gentlemen, and I would like to -- especially Commissioner Dunn -- take this matter, you know; and also because, you know, the street is very uncomfortable for the drivers. You know, there is -- I know there is some work has been done about, you know, (UNINTELLIGIBLE) a street, but there should -- you know, something should be done in term of sidewalk or infrastructures because -- Chair Sarnoff All right. Thank you. Mr. Calixte: -- we are very concerning, you know. Chair Sarnoff Thank you. Mr. Calixte: Okay. Chair Sarnoff Anyone else wishing to be heard on FR.1, please step up. All right, public hearing is now closed, coming back to the Commission. Commissioner Gort, you're recognized for the record. Commissioner Gort: One of the questions that we -- that I've asked is the -- are the people are going to be paying for it, and also they're going to maintain it? In other words, they're going to take care of taking the bag out and put in new bags and that type of -- Is that part of the ordinance? City ofMiami Page 41 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Frederick Hobson (Director, Solid Waste): My name is Fred Hobson. Mr. Chairman. Chair Sarnoff You're recognized for the record, Mr. Hobson. Mr. Hobson: I'm the director of the Solid Waste. No. The -- those cans are going to be donated to the City. They're going to be buying the cans, they're going to be donated to the City, and we're going to take care of them just like we're doing now. Commissioner Gort: We're going to continue to maintain it ourselves? Mr. Hobson. Yes, we're going to be maintaining the cans. Commissioner Gort: So their responsibility is pay for the new cans? Mr. Hobson: That's their only responsibility. Commissioner Gort: I think it's an excellent idea because we have neighborhoods where the merchants would like to put the signs on the sidewalks a lot of times, and inspectors come in, they ask them to take the signs out. So this will give them an opportunity to put their signs for the stores and promote their stores. And like in different neighborhoods, they can come up with different ideas on how to do it and so on. I'll be all in favor of it. Chair Sarnoff All right. Commissioner Dunn: Mr. Chairman, I just -- ifI may? Do you know, Mr. Mayor, Mr. Director, is there -- what type of -- and I know it may be very minimal -- savings benefit this will have since -- if we can get the donors to purchase the cans, it will free the City up from having to get new inventory? Mayor Regalado: Actually, it is a cost -savings project for the City because the Department has to always replace, you know, broken trash cans. And there're neighborhoods that are paying for the base for the frash can to be set because people steal or they just -- gangs just knock them down and -- or a car. So they are on a base. They're secure. People are not kicking in that. And the Department, it's always running out of frash cans. I remember the other day -- you weren't here, Fred -- but two weeks ago we had to have an emergency of bringing some, and the Department only had three in inventory. So -- and then, oh, we have to procure more. So I think it is a cost -savings for the City ofMiami. Chair Sarnoff All right. Gentlemen, a little pace. Go ahead. Commissioner -- Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. First of all, I'm going to be supporting this on first reading. I just had a couple of concerns. And, one, I think the Mayor addressed it, but I just want to verify. One of my concerns was that, you know, they be somewhat uniform so we don't get one can that's purple, one that's green, one that's -- you know, different colors and so forth. Mayor Regalado: No. It would be uniform. Vice Chair Carollo: You know, so I want to make sure they were uniform, maybe a picture by the time we get to second reading just so we can see. And the second thing is, as far as -- let's say Southwest 8th Street in Little Havana, we have so many stores that are one right next to each other. If they all have the same opportunity to purchase one of these cans, every 20 steps, are we going to have a can or so forth? Maybe, you know, we could work on that. City ofMiami Page 42 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Mayor Regalado: Mr. Vice Chair, they could -- through the Southwest 8th Street Chamber of Commerce, through the merchants associations, through merchant itself they can get together and it'd be nice. They cansay it's sponsored by this and this and two or three -- Chair Sarnoff Mr. Mayor, under the new can that I sent to your -- Tony Crapp -- I did send it to you as well -- there's three opportunities. You can actually have three advertising opportunities on one can, so -- Vice Chair Carollo: If it's possible, ifI could -- Chair Sarnoff Absolutely, absolutely. I just didn't want to send it -- Vice Chair Carollo: Yeah. Mayor Regalado: And -- Commissioner Gort: As long as they don't compete. Chair Sarnoff Right. Vice Chair Carollo: Yeah. Chair Sarnoff Yeah, McDonald's, Burger King. Yeah, I could just see it. Vice Chair Carollo: I'd like to see it. But I'm supporting this first reading. You know, those are just my concerns, so by second reading, you know, I'm sure we could address them, Mr. Mayor. And thank you. Mayor Regalado: Absolutely. Chair Sarnoff All right. So we have a motion. We have a second. Madam City Attorney, it is an ordinance. The ordinance has been read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call has been taken, the result of which is stated above. Ms. Latimore: The ordinance is -- has passed on first reading. Mayor Regalado: Thank you, Commissioners. Chair Sarnoff Thank you, Mr. Mayor. FR.2 ORDINANCE 10-00694 First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED (THE "CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC/COCONUT GROVE BUSINESS DISTRICT AND DESIGN DISTRICTS PARKING IMPROVEMENT TRUST FUNDS," BY CREATING A NEW SECTION 35-220 ENTITLED "REQUIRED OFF-STREET PARKING AND PAYMENT IN LIEU OF City ofMiami Page 43 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 REQUIRED OFF STREET PARKING"; AMENDING SECTION 35-221 ENTITLED "COCONUT GROVE PARKING IMPROVEMENT TRUST FUND ESTABLISHED"; CREATING SECTION 35-222 ENTITLED "REVOCATION OF CERTIFICATE OF USE FOR NON-PAYMENT OF PARKING WAIVERS"; AMENDING SECTION 35-224 ENTITLED "SCHEDULE OF FEES AND CHARGES FOR COCONUT GROVE PARKING TRUST FUND"; TO CLARIFY THE OFF-STREET PARKING REQUIREMENTS AND PROVIDE FOR ENFORCEMENT PROVISIONS FOR PAYMENT OBLIGATIONS CONTAINED THEREIN; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-00694 Legislation SR.pdf 10-00694-Submittal-Luciia Dougherty -Map of area to be included within the ordinance.p SPONSOR:CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Suarez, 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 guess we're up to FR.2, gentlemen? Commissioner Gort: FR.2. Vice Chair Carollo: Yes. Chair Sarnoff FR.2. Is that by me? Vice Chair Carollo: Yes. Chair Sarnoff Yeah, it's me. Okay, this is the parking trust. I think Commissioner Gort's probably pretty familiar with this. This was actually left out ofMiami 21. This just brings it back to Miami 21. It is the park -- the Coconut Grove Parking Trust. There's equally one in the Design District. We're having a bad day on these, huh? It's equally -- Commissioner Gort: IT (Information Technology) budget. Vice Chair Carollo: This one works. Chair Sarnoff -- for the Design District. I think it's just a cleanup from -- it is how part of the BID (Business Improvement District) gets funded, but think it's just a cleanup that was left out of 21. I'd make a motion to have this passed. Commissioner Suarez: Second. Vice Chair Carollo: I have a motion by Chairman Sarnoff seconded by Commissioner Suarez. Is there any discussion? I'm going to open up the public hearing. Anyone from the public wishing to speak on this item? Anyone from the public wishing to speak on this item? Hearing none, seeing none, public hearing is closed. Any further discussion from the Commissioners? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Veronica Xiques. Pamela L. Latimore (Assistant City Clerk): Roll call. City ofMiami Page 44 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 FR.3 10-00425 Office of Strategic Planning, Budgeting, and Performance Votes: A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance pass -- the ordinance is adopted on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 09-0454, ADOPTED SEPTEMBER 29, 2009, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00425 Legislation FR/SR.pdf 10-00425 Exhibit SR.pdf 10-00425 Summary Form FR/SR.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff All right, FR.3. Larry Spring: Larry Spring, chief financial officer. FR.3 is a ordinance establishing the departments for the City of Miami set forth by and pursuant to the budgets that were adopted by this Commission and shall be adopted by this Commission. I just passed out a slight amendment to the Table of Organization that was included in your original agenda packet. Issue came up where the Civil Service Board was improperly put under the operating (UNINTELLIGIBLE) of the City Manager as opposed to under the other agency section. All other items are the same as the item that was passed out in your original distribution. This Table of Organization essentially eliminates the Department of Hearings Boards and joins it with the Department of Planning and it eliminates the Department of CitiStat. Chair Sarnoff I'm sorry. What departments you're eliminating? Mr. Spring: Hearings Board was eliminated and combined with Planning, and CitiStat, which used to be part of the 311 operation, was eliminated and that operation is now being taken care of by the chief of operations. So it's no longer a department, but the function remains, and there's no staff there as well. Chair Sarnoff Okay. All right, so -- did we get a first and a second? Did we get a --? We did. Let me open a public hearing. Pamela L. Latimore (Assistant City Clerk): You did not -- Commissioner Gort: I believe -- Ms. Latimore: -- get a first or a seconder. Vice Chair Carollo: We didn't. City ofMiami Page 45 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff All right, do we have a motion? Commissioner Dunn: So move. Chair Sarnoff We have a motion by Commissioner Dunn, second by -- Commissioner Gort: I'll second it, but -- Chair Sarnoff -- Commissioner Gort, it appears, for discussion. Let's open it up to a public hearing. Anybody from the public wishing to be heard FR.3, which appears to be our organizational chart for the City ofMiami? Anybody from the general public wishing to be heard on FR.3, please step up. Hearing none, seeing none, the public hearing is closed; coming back to the Commission. Commissioner Gort, you're recognized. Commissioner Gort: My question is we cannot have a public hearing without a motion? Chair Sarnoff Public hearing -- Commissioner Gort: Did I hear that --? Pamela L. Latimore (Assistant City Clerk): You can open the public hearing without having the motion and then -- Commissioner Gort: You can. Ms. Latimore: -- bring it back -- Commissioner Gort: Okay. Ms. Latimore: -- to the Commission for -- Commissioner Gort: All right. I thought I heard wrong. Okay. Chair Sarnoff Oh, I'm lost. Vice Chair Carollo: His question was on procedure. Chair Sarnoff Oh. Commissioner Gort: On the procedures, right. Chair Sarnoff Okay. Does [sic] any of the members of the Commission want to discuss the organizational chart? All right, hearing none, seeing none, it is an ordinance, Madam City Attorney. The Ordinance was read by title into the public record by the City Attorney. Ms. Latimore: Roll call. Vice Chair Carollo? Vice Chair Carollo: Yes. First reading, yes. Ms. Latimore: Commissioner Gort? Commissioner Gort: Yes. City ofMiami Page 46 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 RE.1 10-00639 Department of Public Facilities Votes: Ms. Latimore: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Latimore: Chairman Sarnoff? Chair Sarnoff Yes. Ms. Latimore: The ordinance is passed on first reading, 4-0. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE LEASE AGREEMENT ("AMENDMENT"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND RICKENBACKER MARINA, INC., A FLORIDA CORPORATION ("RICKENBACKER"), TO PROVIDE FOR THE FOLLOWING: 1) A MODIFICATION OF RICKENBACKER'S RENEWAL OPTIONS FOR THE DRY STORAGE FACILITIES FROM THREE (3) ONE-YEAR OPTIONS, TO ONE (1) THREE-YEAR OPTION, EXERCISED IMMEDIATELY, THEREBY MATCHING THE DRY STORAGE TERM OF THE LEASE TO THE WET STORAGE TERM OF THE LEASE FROM JANUARY 8, 2009 TO JULY 7, 2016; 2) PERCENTAGE RENT FOR DRY STORAGE FACILITIES TO BE INCREASED ONE PERCENT (1%) ANNUALLY, COMMENCING JULY 8, 2013 AND EVERY YEAR THEREAFTER OF THE TERM, WITH ADDITIONAL TERMS AND CONDITIONS AS MORE PARTICULARLY SET FORTH IN THE AMENDMENT. 10-00639 Legislation.pdf 10-00639 Exhibit.pdf 10-00639 Exhibit 2.pdf 10-00639 Exhibit 3.pdf 10-00639 Summary Form.pdf 10-00639 Master Report.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0226 Chair Sarnoff All right, RE.1. Madeline Valdes (Director): Good morning. Madeline Valdes, Department of Public Facilities. RE.1 is a resolution authorizing the City Manager to execute a second amendment to the lease agreement between the City and Rickenbacker Marina, to provide for a renewal options [sic] of the dry storage facilities for one three-year option, to be exercised immediately, thereby City ofMiami Page 47 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 matching the rest of the lease term for that agreement. Chair Sarnoff All right. Ms. Valdes: Any questions? Commissioner Suarez: So moved. Vice Chair Carollo: Second. Chair Sarnoff Motion by Commissioner Suarez, second by -- Commissioner Gort: Second. Chair Sarnoff -- the Vice Chair. It's a public hearing. Anybody wishing to be heard on RE.1, please step up. Hearing none, seeing none, coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Ms. Valdes: Thank you. Chair Sarnoff RE (Resolution) -- thank you. RE.2 RESOLUTION 10-00643 Office of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Transportation ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY, THROUGH THE MIAMI-DADE TRANSIT AGENCY, IN SUBSTANTIALLY THE ATTACHED FORM, TO ACCEPT AND USE FEDERAL TRANSIT ADMINISTRATION ("FTA") SECTION 5307 FORMULA GRANT FUNDS, IN THE AMOUNT OF $4,084,282, PROVIDED TO THE CITY OF MIAMI ("CITY") BY THE AMERICAN RECOVERY AND REINVESTMENT ACT AS PART OF THE FEDERAL STIMULUS PACKAGE FOR A TRANSIT CAPITAL PROJECT CONSISTING OF PURCHASING RUBBER -TIRE TROLLEY BUSES (B-30668); FURTHER AUTHORIZING THE CITY MANAGER TO IMPLEMENT THE ACCEPTANCE OF SAID CONTRIBUTION OF FUNDS FROM THE FTA, TO BE APPROPRIATED BY SEPARATE RESOLUTION(S). 10-00643 Legislation.pdf 10-00643 Exhibit.pdf 10-00643 Exhibit 2.pdf 10-00643 Summary Form.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0227 Chair Sarnoff RE.2. Alice Bravo (Director, Capital Improvements Program): Good morning. City ofMiami Page 48 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Good morning. Ms. Bravo: This is an item to accept four point -- $4, 084, 282 ofARRA (American Recovery and Reinvestment Act) stimulus funds that are useful for capital transit acquisitions. And through this agreement, we'll accept the funds and use the funds to purchase trolleys at a later time. Chair Sarnoff Is there a motion? Commissioner Suarez: So moved. Commissioner Dunn: Second. Chair Sarnoff We got a motion by Commissioner Suarez, second by Commissioner Dunn. It's a public hearing. Anybody from the public wishing to be heard? Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Very simple. Mariano Cruz, 1227 Northwest 26th Street. Now I remember being here a few weeks ago about the same thing. How long it's going to take to implement this, okay? If we -- or are we waiting till we lose the money because we have to send it back or something? Because three weeks ago, the same thing, because I talk to Mr. Gonzalez too, Jose Gonzalez in Transportation, and he told me they going to implement some of the things around the Civic Center, the whole thing, the trolley, and everything. But (UNINTELLIGIBLE) paper -- and I know I read the articles. First planning and then implementation. Planning, planning. Do the right planning and then you catch the mistakes before you do the job. I read the articles in the Miami Today. Thank you. Chair Sarnoff All right. Just on a general basis, could you give us some description on when the rubber meets the road? Ms. Bravo: Right. Chair Sarnoff When we could expect to see them. Ms. Bravo: We expect to see that late summer, early fall to bring back the agreement to the Commission for the operating end of this. Right now we're evaluating our roots and the projected revenues that we received from the People's Transportation fund. That is going to be used as the operating source. We're also seeing what contributions we can get from other agencies or from advertising. And we want to make sure that the system that we implement is something that's self -sustainable and that we don't reach a point where we require more than what we received through the different revenue sources. Chair Sarnoff Now is this for all the routes or is this just for the Allapattah route or is this --? Ms. Bravo: These trolleys, they'll be used for all the routes. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chairman, ifI may ask? Chair Sarnoff You're recognized. Commissioner Suarez: Ms. Bravo and Mr. Martinez, we've talked a lot about this. I didn't have a -- this actually just occurred to me now. Have we considered if there is a gap in funding -- I don't know if there's a gap in terms of operational funding, because I know you guys are exploring that and trying to narrow it or eliminate it. But have we explored -- something that City ofMiami Page 49 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chairman Sarnoff has done very successfully in his district is through the BIDs (Business Improvement Districts). Have we considered maybe doing a BID for the areas where, you know, these lines are going to go and have the businesses kind of chip in for it? That's something that we've considered? Ms. Bravo: That's an additional option that we weren't exploring at this time, but we can take that into account as well. We're planning to reach out to the DDA (Downtown Development Authority), the CRA (Community Redevelopment Authority), and the Health District initially, in addition to what we can assume could be generated from advertising, but that's an additional option. Commissioner Suarez: 'Cause, as I've mentioned to you, I think it's critical that whatever we do, the rider doesn't have to pay. That's -- for me, I think that's essential. That's essential to the ridership. Or if they have to pay, that it's some sort of a system where they don't have to, you know, actively do something, like have money or change in their pocket. If they have like something on their key chain that automatically deduct -- you know, to remove the impediment because, you know, what we want is to have people along Coral Way -- we want people getting up and down Coral Way shopping, eating, you know, just traveling up and down Coral Way without having to get in their cars, and we want to remove all the impediments that they may have, so just something to consider. Ms. Bravo: Right. Chair Sarnoff Commissioner Gort. Commissioner Gort: We can also -- we look at the advertising on the trolleys. Ms. Bravo: Yes. That's -- Commissioner Gort: 'Cause that could be a great revenue source also, advertising the -- especially the -- some of the centers they're going to use, the population is very high, and the advertising is according to the amount of people that are going to be looking at it, so -- Ms. Bravo: That's one of our options, yes. Commissioner Gort: Okay, great. Chair Sarnoff I just want to make sure that we do require the people using the facility to pay something. I think it's important. It's imperative. I sort of disagree with a number of the County Commissioners mostly on everything in life, but particularly on their issue of free ridership for the -- what -- help me with -- notMetromover. The -- Commissioner Gort: Downtown People Mover. Chair Sarnoff People Mover. Thank you. The People Mover. Because it's free, the same -- Commissioner Gort: It's not free. We pay for it. Chair Sarnoff Well, you're right, nothing in life is free. We're the source of funding is a whole different issue. But believe that if you make something absolutely free, A, it has not value; and B, it will be used by the wrong people to get air conditioning, and that is pretty much what I've seen of the People Mover. It seems like I see the same people on it whenever I'm downtown using it as various things, including urinals. Ms. Bravo: Right. City ofMiami Page 50 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff So I think you've got to be very protective. I do agree with Commissioner Suarez. I'm not a guy that carries a lot of change in my pocket. I want the ability to swipe something. I want to be modern, and I want to be technologically advanced. Commissioner Suarez: I remember a while ago one of the gasoline stations had some kind of device that you could have on your key chain -- Chair Sarnoff A fob, a key fob. Commissioner Suarez: -- and you could just go. Chair Sarnoff Yeah. Commissioner Suarez: And I think something where you -- when you -- just by virtue of you -- and now we have keyless. You know, you don't have to even use your key to, you know, get in your car to turn on your car; just the fact that you have it in your pocket;; you know, something that just can be on your key chain. Once you go in and out -- similar to a SunPass or whatever, where it deducts whatever we think is the appropriate amount of money to, you know -- so that there is an expense attached to it, but at the same time it's very easy. For me, I don't want to put any restrictions on people utilizing the system. Ms. Bravo: Yes. And in the last year, Miami -Dade Transit implemented an electronic fare card collection system, so that's something that we can work with and see if there's even something more convenient than that that's available. Chair Sarnoff Could I say something to you on the record, something you might find intriguing? What about a joint agreement between you and the city of Coral Gables to go all the way up and down so that the shopping doesn't stop at Sears; it goes into Coral Gables? Commissioner Suarez: My understanding is that the proposed line right now go -- links up to Ponce as proposed right now. Chair Sarnoff Okay. Commissioner Suarez: So I'm -- that's another thing that is very exciting for me. I think, you know, you go from Brickell all the way to Ponce. Imagine anybody in Brickell hopping on that and going to Ponce and back during their lunch time. They can go to, you know, restaurants anywhere along that corridor. And you know, I know a lot of small businesses and small restaurants that are opening along the Coral Way corridor. And one of the things that I'm telling them is look, you know, this is something that government's doing right for you now to make you -- to help you with your business, particularly in these tough times. You know, they get into the -- you know, a lot of times we discuss issues ofMiami 21, building rights, you know; do you have T6-8, T5, but we don't look at some of these additional improvements that we're doing to help their business specifically. Yeah, maybe they're being reduced a little bit on their height, but they're being, you know, helped in terms of mobility in getting their customers in the door, so you know. Chair Sarnoff If your route includes Miracle Mile, I think that's going to be a very attractive route. Commissioner Suarez: If you want to make that the first route, then I would be glad to accept that, you know. Commissioner Gort: Wait, wait, wait. City ofMiami Page 51 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Suarez: And I've been pushing for that, but -- Commissioner Gort: Hold it, hold it. My understanding, the first route is going to be the health center. Chair Sarnoff Yeah. Commissioner Suarez: Yes, yes, yes. Commissioner Gort: Right? Chair Sarnoff Allapattah. Ms. Bravo: Yes, yes. And right now we're conducting an analysis of all the routes and to determine ridership and see which are the most effective, and that's something that the analysis will include. If you extend something a few blocks, do you hit a location that suddenly increases the ridership for the route dramatically. Commissioner Suarez: No. I think I yield to the Commissioner on that. Commissioner Gort: Well, the reason it was asked, I had a meeting with some of the -- your staff where we talked about the route, the (UNINTELLIGIBLE) had in Allapattah, which we're going - - utilizing 20th Sfreet, all the way to 27th Avenue. My suggestion is cut it off at 20th Street and go up 17th Avenue because also, we have a lot of good businesses up in 17th Avenue after 36th Sfreet. So in other words, instead of going all the way to 27th where you got the parks and other things, the people from the health center can utilize the lunch hours or (UNINTELLIGIBLE) go eat lunch at the different places and buy -- use the merchants in that area, stores in that area. Ms. Bravo: Okay. Commissioner Suarez: Mr. Chairman, ifI may just add one thing? Chair Sarnoff Yes, sir. Commissioner Suarez: Another idea that we had talked about was having a second loop or a second -- you know how the Metromover has two loops. You can get on the same bus, but it goes on a different loop which would cut off on 17th Avenue and go to the Marlins Stadium and come back, so that anyone during the middle of the day that wants to catch a ballgame at 1 0' clock, and then maybe we can get, you know, the Marlins to participate in that and, you know -- but it would be neat if you're in Coral Way, Ponce, in Coral Gables, anywhere, you can get on that and take it down Coral Way and take the loop that goes down 17th Avenue to the Marlins stadium and back. Ms. Bravo: And as we develop an operating agreement, we'll make sure we have the flexibility -- Commissioner Gort: Right. Ms. Bravo: -- to modify routes on special occasions. Chair Sarnoff Commissioner Carollo's going to have to figure out a way to get the County to put a Metro line directly to Marlins Stadium that will ensure its survival. Vice Chair Carollo: Well, as many of you know, I usually don't show my cards and so forth, so I could ensure you everything that we spoke about right now, it has been mentioned, has been City ofMiami Page 52 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 RE.3 10-00689 spoken in the past. I have already met with several people with regards to that and so forth, so yeah, it's all in the workings. And maybe even to the point that it may not be something that is always running, but at least on game days, you know, have the access maybe from Brickell straight into, you know, the stadium; maybe using 5th Street or so forth. There's been discussions, but it's still in its infancy stages, still too premature. But yes, we have discussed it. Chair Sarnoff Okay. And last thing, Ms. Bravo, so thatHr. Cruz can go out on Cruz Radio and let everybody know this. My understanding is there's a backlog on trolleys, so -- Ms. Bravo: And that's why we're moving on this item to make sure that we can secure the trolleys that we need. Chair Sarnoff Okay. So have we actually ordered trolleys yet? Ms. Bravo: I'm not sure on the status of that, butl believe they are being held long enough for us to get through the analysis of the operating agreement. Chair Sarnoff I just want to make sure that we're in line 'cause -- Ms. Bravo: Yes. Chair Sarnoff -- if you -- anybody who's vacationed this summer, every city is -- part of their stimulus package is coming up with trolleys, so I just hope that you're getting in the queue to speak, so to speak, as the Brits would say. Ms. Bravo: Right. Chair Sarnoff We start standing in our line, because I don't want to have to come back to people and say three years later we're still waiting on the trolleys. Ms. Bravo: Absolutely. Chair Sarnoff All right. All right, so there was a motion, gentlemen; we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION EXPRESSING SUPPORT FOR THE 2018 OR 2022 FIFA WORLD CUP BEING HELD IN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE MIAMI-DADE SPORTS COMMISSION. 10-00689 Legislation.pdf SPONSORS: HONORABLE MAYOR REGALADO CHAIRMAN SARNOFF 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-10-0228 City ofMiami Page 53 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 RE.4 10-00629a Office of the City Attorney Gentlemen, this is a resolution of the City ofMiami Commission expressing support for the 2018 or 2022 FIFA (International Federation ofAssociation Football) World Cup -- Commissioner Gort: Move it. Chair Sarnoff -- being held here in the City ofMiami. Commissioner Dunn: Second. Chair Sarnoff We have a motion by Commissioner Gort. We have a second by Commissioner Dunn. Any discussion on this item? Anybody from the public wishing to be heard on this item, please step up. This is a pretty exciting, hopefully good, interesting thing to get the World Cup here in the City ofMiami. We actually talked about maybe even havingMSEA (Miami Sports & Exhibition Authority) step up, be the person in charge of it, maybe subcontracting or directly contracting with the Super Bowl Committee, who obviously understands how to do this kind of work so that they can help form a bid on our behalf. But I think it'd be a great idea to have the world soccer here in Miami and -- really would be the entire state of Florida, 'cause if you really look at the way it's done, it will be Orlando, it would probably be Jacksonville. As I think you know, the last five games, I think, get played pretty much in the state of Florida. So with that being said, anyone from the public wishing to be heard? Hearing none, seeing none, coming back to the Commission. Gentlemen, it's a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY NOT TO REQUEST A TRIAL DE NOVO FROM THE NON BINDING ARBITRATION AWARD TO THE CLAIMANTS DATED APRIL 28, 2010 IN THE CASE OF COLINDRES V. CITY OF MIAMI, CASE NO.: 07-13294 CA 03. 10-00629a Legislation.pdf 10-00629a Cover Memo.pdf 10-00629a Budget Memo.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0229 Chair Sarnoff All right, RE.4, Colindres. Madam City Attorney. Julie O. Bru (City Attorney): Yes. Mr. Chairman, this is a resolution that seeks -- that asks the Commission to direct the City Attorney not to seek a trial de novo. This is a wrongful death action that arises out of an in death -- in -custody death of an 18 year old, which happened back in December of 2006. The City's [sic] recently went through a nonbinding arbitration process. There was an award entered in the amount of $2.75 million. This resolution would also authorize the payment of the statutory cap, which is 200, 000. It does no more than that. That's - - the authorization that we're getting is only to pay up to the $200, 000 cap. If the plaintiff does not request a trial de novo and this matter does get resolved by this award, then it will be incumbent upon the plaintiff to seek a claims bill. And this resolution also directs us to -- or gives us the permission that we're seeking to oppose the claims bill. So in effect, you know, this would at this point only authorize the payment of $200, 000. City ofMiami Page 54 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff All right. Do we have a motion? Commissioner Dunn: So move. Commissioner Gort: Move -- Chair Sarnoff We have a motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Commissioner Suarez: I have a question. Chair Sarnoff Commissioner Suarez, you're recognized for the record. Commissioner Suarez: And I will be careful with my question. My question is, is this resolution -- it just goes to one part of something that you said. You said that it also authorizes the City to oppose the claims bill, and I just -- my concern is, is this a -- is it a fiscal authorization that we're giving him or is it an authority that we're giving you to oppose it on the merits, not necessarily spending any money to oppose it? Ms. Bru: No, no. It's not an authorization to spend any money. Commissioner Suarez: Okay. That's -- I -- Ms. Bru: We would be doing it in-house. There is -- Commissioner Suarez: -- just wanted clarification. Ms. Bru: -- a process that takes place when a claims bill proceeds. Commissioner Suarez: I just wanted clarification for my own -- for myself please. Ms. Bru: Now should there be that the claims bill proceeds and if we need to incur expenses in any kind of witness -- expert witness fees or the like, then we would come back to you for such authorization. Chair Sarnoff Okay. Anyone from the public wishing to be heard on the Colindres matter, please step up. Hearing none, seeing none, this public hearing is now closed, coming back to this Commission. Gentlemen, it is a resolution. All in favor, please say "aye." The Commission (Collectively): Aye. RE.5 RESOLUTION 10-00427a Office of Strategic A RESOLUTION OF THE MIAMI CITY COMMISSION MAKING Planning, AMENDMENTS TO THE APPROPRIATIONS RELATING TO OPERATIONAL Budgeting, and AND BUDGETARY REQUIREMENTS FOR THE FISCAL YEAR ENDING Performance SEPTEMBER 30, 2010. 10-00427a Summary Form.pdf 10-00427a Legislation SUB.pdf City ofMiami Page 55 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0245 Chair Sarnoff We did leave RE (Resolution) -- Commissioner Gort: 5. Chair Sarnoff -- 5, I think, for Commissioner -- RE.5. Mirtha Dziedzic (Strategic Planning, Budgeting, and Performance): This is the -- oh, Mirtha Dziedzic, Budget coordinator. This is the budget amendment addressing all items not approved of the 5/27 Commission meeting, with the exception of a couple of floor amendments that I'd like to put on the record right now, one of which is a headcount change for the City Manager's office, converting a part-time position to an FTE (Full -Time Employee), and adjusting the City Clerk's allocation from 792,000 to 561,000 and subsequently changing the fund balance allocation from 592 to 427, 000. Chair Sarnoff All right. Let's start -- if we want to start this with a motion for discussion, I'll open it up to a public hearing, and then we'll bring it back to this -- Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. I'm going to open it up to a public hearing. Anybody wishing to be heard on RE.5? It is a resolution regarding the operational budgetary requirements for fiscal year ending September 30, 2010, page 16 of our agenda today. Anybody from the general public wishing to speak on this item, please step up. Hearing none, seeing none, it comes back to this Commission. Commissioner Carollo, you're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. I have a few things. Let's start with -- on the NET (Neighborhood Enhancement Team) offices -- Ms. Dziedzic: Yes. Vice Chair Carollo: -- the 712, 000. IfI looked at -- Commissioner Gort: What page you're on? Vice Chair Carollo: Well, I'm going from the budget adjustments, which is the first page, and then I'm going back to the expenditure adjustments, which is 205. And my question is what temporary personnel are we budgeting for? It says it was originally eliminated and now we are funding these positions. Ms. Dziedzic: These are the Litter Busters positions that were scheduled to be eliminated at the adoption of the FY-10 budget. Vice Chair Carollo: Thank you for that. Andl have another question. With regards to Solid Waste, the 539,360 -- and by the way, Commissioners, it's page 3 of 5 in the general fund expenditures adjustments. I see here that this is to increase appropriations from nine Waste Collector Aide [sic], starting from April 23, but we're in June already, so there's a lapse of a few months. Shouldn't this amount be reduced, or are we refroacting --? City ofMiami Page 56 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Ms. Dziedzic: I think one of them is a retroactive; the other positions are new. I don't think they've been hired as of yet 'cause they haven't been created. But that was based on the March projections and the anticipated date of commencement for these positions. We might have to go back and -- in the next amendment and adjust for those. Vice Chair Carollo: Okay. That's all I have. Chair Sarnoff All right. Anyone else having any discussions regarding this? No. All right, so we have a motion and we have a second. I just want to say something for the record. Mr. Manager, I want to thank you for educating me. And maybe I could put this on the record for the general public: Sometimes you actually employ more people to bring down the cost of your employees, and that's hard to fathom for most people. But when you're allowed and afforded overtime, if you can do away with the time -and -a -half employee and pay straight time, you've demonstrated to me that sometimes you increase your FTEs, full-time employees, to actually bring down your costs, and I didn't think you could do that, but you've demonstrated to me that is what you're doing on a number of these circumstances, especially for Fire. And I just want to say to you thank you for explaining that to me. And I hope the general public will understand that sometimes you can do away with overtime by hiring a few more employees. Carlos A. Migoya (City Manager): In addition to that, Mr. Chair, since October till now we have reduced a total of 160 positions, of which about -- at least half of them are no longer with the City, some of them are still in temporary positions, but we're verifying that number. We'll get you more specific. But at least half of those are terminated and gone, which is part of the reason why we have, from October to March, a three -- about a $2.5 million reduction in salaries on a monthly basis. Chair Sarnoff Yeah. If we only gave you an extra like 30 months, I know you'd get this thing all right. We're just running out of months in the fiscal year. Mr. Migoya: We don't have that many months to get this done. Chair Sarnoff Right. But you're headed the right direction. Mr. Migoya: Thank you. Chair Sarnoff I'll concede that. All right, so we have a motion, we have a second. Any further discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. I think we're done with the general agenda. Let me make sure. RE.6 RESOLUTION 10-00640 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Capital CITY MANAGER TO EXERCISE THE CITY OF MIAMI'S FIRST OPTION TO Improvements RENEW THE PROFESSIONAL SERVICES AGREEMENT WITH POST Program BUCKLEY SCHUH & JERNIGAN, INC., FOR AN ADDITIONAL ONE (1) YEAR PERIOD, INCLUSIVE OF THE ONE -MONTH EXTENSION APPROVED ON MAY 13, 2010, FOR THE PROVISION OF CAPITAL PROGRAM SUPPORT SERVICES FOR THE MULTI -YEAR CAPITAL IMPROVEMENTS PLAN. City ofMiami Page 57 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 10-00640 Legislation.pdf 10-00640 Summary Form.pdf 10-00640 Text File Reports.pdf 10-00640 Agreement.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0246 Chair Sarnoff All right, let's go to RE.6. Maybe by then RE.5, the -- I know the Vice Chair wants to talk about that. RE.6. Ms. Bravo, did you have a good lunch? Okay. Alice Bravo (Director, Capital Improvements Program): Sorry. And there were discussions last month when we received a one -month extension about the rates in the confract and since then, we had discussions with the firm. And although their confract included an annual 3 percent escalation for their wage rates, they've agreed to remove those 3 percent escalations and return to their original terms, which were the rates they had in 2008. Chair Sarnoff I had asked you if you could get them to do a slight reduction. Ms. Bravo: And I discussed that with them, but I did not get any additional reductions. Chair Sarnoff As in they said no or they said we'll get back to you? Ms. Bravo: Well, I don't know that they said no directly. I believe we have a representative from the firm today. You know, this contract falls under the Consultant Competitive Negotiation Act, CCNA, which is Florida Statute 287.055, and it discusses how negotiations with consultants for professional services should be based on the actual cost of the firm, and you should arrive at a fee that is fair and negotiated with them. So the fact that they've volunteered to reduce their rates to what it was two years ago is -- Chair Sarnoff Okay. Ms. Bravo: -- a good accomplishment, I think. Chair Sarnoff All right. Commissioner Gort. Commissioner Gort: If you recall, I deferred this 'cause I didn't have the information. I asked for information on the expenditure that was taking place before and the practices that were used before, and I have the whole thing in here. I'm not going to go through the whole process. I met with Alice and I explained to her my -- what I thought and I even mark the pages and I'm not going to go into details. And she committed to me that she would be not using the same practice that were used by the previous Administrations where I believe consultant were used when we could have used in-house individuals that could have done the job. Also I'd like to know the Guardian Group program, that software, how long is the contract for? Ms. Bravo: I'm not sure when it expires, but in the past that JOC (Job Order Contract) program was used to procure large volume or large dollar volume contracts and that's not how it's going to be used from now on. We're going to use that just for very small miscellaneous assignments when it's more productive not to go through a formal procurement. Commissioner Gort: 'Cause, you know, these people will charge 1.5 to 1.9 percent for the first $14 million; and then as the project goes up, the percentage goes up for using the software. I City ofMiami Page 58 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 BC.1 think -- Ms. Bravo promised to me that she was going to very wisely use this and she was going to make sure whatever we can do in-house and she will fry to reduce some of the services. And I hope you understand it's nothing against the firm. I believe the firm is a great firm. They've done a great job. But you've heard this morning the situation that we have economically and the financial problems that we have, so we have to make sure that we maximize in our budget. That's about -- I'm not going to go into detail (UNINTELLIGIBLE). I'm all for it. Chair Sarnoff Commissioner Dunn, you're -- Commissioner Dunn: Mr. Chair. Chair Sarnoff -- recognized for the record. Commissioner Dunn: Yes. Also, Ms. Bravo, I would like to get an update, if you can come by my office, on the Hadley Park -- the progress of the Hadley Park renovations. Ms. Bravo: Yes. Commissioner Dunn: Thank you. Commissioner Gort: Oh, no. We need a lot of the updates, that's for sure. Chair Sarnoff Everybody promise to give Alice 30 days to get her water wings. Commissioner Gort: No. Ms. Bravo: Yes. Chair Sarnoff Have you had your 30 days? Ms. Bravo: Yes, I have. I think it's today. And we're going project -by -project to verify the status and the cost estimates, the progress in construction to make sure that we have accurate data that we can provide to everyone. Nothing that happens in CIP should be a mystery, and we'll provide maps and regularly schedule progress reports as to all the projects. Commissioner Dunn: Okay. Chair Sarnoff All right, gentlemen, I don't think we've had a motion, but let's get a motion. Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. I'll open up to a public hearing. Anybody wishing to be heard on the Post Buckley RE. 6 issue, please step up. Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. I'm going to fry to keep RE.5 open for the Vice Chair. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION City ofMiami Page 59 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 10-00338 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00338 Arts CCMemo.pdf A&E Current_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez BC.2 RESOLUTION 10-00339 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00339 Audit CCMemo.pdf Audit Adv Board Current_Board_Members.pdf NO ACTION TAKEN BC.3 RESOLUTION 10-00647 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk TERM LIMIT BY A UNANIMOUS 5/5 VOTE OF THE MEMBERS OF THE CITY COMMISSION, AS IT RELATES TO ELENA CARPENTER APPOINTED ON MAY 13, 2010 AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST 10-00647 Bayfront CCMemo.pdf 10-00647 Bayfront 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-10-0236 Chair Sarnoff All right, any other pocket items from any Commissioners? Commissioner Suarez. All right, gentlemen. City ofMiami Page 60 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Pamela L. Latimore (Assistant City Clerk): Chairman Sarnoff. Chair Sarnoff Yes, ma'am. Ms. Latimore: If you would allow me, since I do now have five sitting Commissioners, I need a term waiver on BC.3 for Elena Carpenter, who was appointed back on May 13. She needs a term waiver, and need a five five. Vice Chair Carollo: So moved. Commissioner Suarez: Second. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. All in favor, please say "aye." The Commission (Collectively): Aye. Ms. Latimore: Thank you. Chair Sarnoff Any other business, Madam Clerk? Okay. Motion to adjourn. Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff All right, we got a motion by the Vice Chair, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.4 RESOLUTION 10-00461 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) 10-00461 CEB CCMemo.pdf COECurrent_Board_Members.pdf NO ACTION TAKEN NOMINATED BY: Vice Chairman Frank Carollo Commission -at- Large Chair Sarnoff IfI go through the agenda issues, the BCs (Boards and Committees) -- BC.1 is City ofMiami Page 61 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 only the Vice Chair, along with Commissioner Suarez. BC.2 is only the Vice Chair. BC.3 is Commissioner Suarez. BC.4, Code Enforcement Board. There's an at -large alternate member. Does anybody wish to make a nomination on BC.4? All right, we'll pass on that one. BC.5 RESOLUTION 10-00650 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II 10-00650 CSW CCMemo.pdf 10-00650 COSW Current_Board_Members.pdf NO ACTION TAKEN Chair Sarnoff BC.5, it is the Commission on the Status of Women. Commissioner Dunn, you have an appointment and the -- Mayor Regalado has an appointment. Has the Mayor provided any -- Pamela L. Latimore (Assistant City Clerk): He has not. Chair Sarnoff -- appointments? Okay. Commissioner Dunn, do you wish to make an appointment on BC.5? Commissioner Dunn: I'm going to defer, Mr. Chair, please. Chair Sarnoff Okay. BC.6 RESOLUTION 10-00649 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Juana Amada Vargas Commissioner Wifredo (Willy) Gort City ofMiami Page 62 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 BC.7 10-00357 10-00649 CRB Current_Board_Members 5-13-2010.pdf 10-00649 CRB Resumes 5-13-2010.pdf CRB Current_Board_Members.pdf 10-00649 CRB CCMemo.pdf 10-00649 CRB Resumes.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0249 Chair Sarnoff BC.6, Commissioner Gort has one for appointing individual members to the Community Relations Board. Commissioner Gort: I thought we had -- excuse me, sorry. (UNINTELLIGIBLE) Vargas. I have her next page. Do I have two? Chair Sarnoff You have one that I see. Commissioner Gort: Yeah, but do I get to appoint two? I only have one appointment, right? Chair Sarnoff Yeah. Commissioner Gort: Okay, one appointment. Pamela L. Latimore (Assistant City Clerk): One appointment, sir. Commissioner Gort: I already reappointed. She's been appointed. Her term is finished in 2012. Ms. Latimore: Say that again. You -- Commissioner Gort: Her name is Juana Armanda [sic] Vargas. Ms. Latimore: Armanda -- Commissioner Gort: She's in -- Ms. Latimore: And that's for BC. 6? Commissioner Gort: BC.6, Community Relation [sic] Board. And then remember, I named Barbara Rodriguez last week. Barbara Rodriguez, she already served on (UNINTELLIGIBLE). Chair Sarnoff All right. So we have two appointments, and we have a motion by Commissioner Gort, Second by Commissioner Dunn. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION City ofMiami Page 63 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: 10-00357 CTAB CCMemo.pdf CTB Current_Board_Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II NO ACTION TAKEN Chair Sarnoff Okay. BC.7, Commissioner Dunn, you have the Technology Advisory Board. Commissioner Dunn: I'm going to defer -- Chair Sarnoff Defer? Commissioner Dunn: -- Mr. Chair. Chair Sarnoff All right. BC.8 RESOLUTION 10-00646 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Richard Dunn II Albena Sumner 10-00646 EO CCMemo.pdf 10-00646 EO Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0237 Chair Sarnoff Equal Advisory -- EEO -- Equal Advisory Board, I have one, and I guess I will be deferring. Commissioner Gort, you have one? Commissioner Gort: Refer [sic]. City ofMiami Page 64 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff He'll be deferring. And Commissioner Dunn, you have one. Commissioner Dunn: Albena Summer [sic]. Chair Sarnoff All right, so we have a motion by Commissioner Dunn for Albena, a second -- seconded by Commissioner Gort. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.9 RESOLUTION 10-00467 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FINANCE COMMITTEE FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00467 Finance CCMemo.pdf Finance Current_Board_Members.pdf NO ACTION TAKEN Chair Sarnoff Looks like BC.9 is not for any of us who could do anything here. BC.10 RESOLUTION 10-00204 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION REMOVING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HEALTH FACILITIES AUTHORITY BOARD. APPOINTEE: NOMINATED BY: Ernesto Montenero Commissioner Wifredo (Willy) Gort 10-00204 Health Current_Board_Members.pdf 10-00204 Health CCMemo.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0238 Chair Sarnoff Commissioner Gort, you have one for the Health Facilities Authority Board. Commissioner Gort: Question, Ernesto Montaner is no longer on this board. City ofMiami Page 65 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 BC.11 10-00348 Office of the City Clerk Pamela L. Latimore (Assistant City Clerk): I don't have -- let me check the memo to see if you -- Commissioner Gort: You have it here, and the term expires July 20, 2012 -- I mean 9/2012. I want to get him off. Ms. Latimore: You want to remove that person? Commissioner Gort: Yes, I do. I mean, the FBI (Federal Bureau of Investigations) is looking for him. Ms. Latimore: Okay. So you make the motion to re -- Chair Sarnoff Look, we have a motion to remove -- what's his name? Commissioner Gort: Montaner, Ernesto Montaner. Chair Sarnoff -- Ernesto Montaner by Commissioner Gort, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff And we have a motion to appoint. Commissioner Gort: I have to take a waiver. Chair Sarnoff Okay, so we'll put that under advisement. Commissioner Gort: This board, they have to be a resident in the City ofMiami. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: Chairman Marc David Sarnoff Vice -Chairman Frank Carollo Vice -Chairman Frank Carollo (Citizen) (Citizen) (Architectural Historian) 10-00348 HEP CCMemo.pdf HEP Current_Board_Members.pdf List HEP applicants.pdf 10-00348 HEP Applications.pdf City ofMiami Page 66 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 NO ACTION TAKEN Chair Sarnoff BC.11 is just Commissioner Carollo. BC.12 RESOLUTION 10-00345 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE HOUSING AND COMMERCIAL LOAN COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Matthew Ryan Grinder Commission -at -Large Allen J Hall Commission -at -Large 10-00345 HCLC-Nominates.pdf 10-00345 HCLC CCMemo.pdf 10-00345 House Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0239 Chair Sarnoff BC.12 is the Mayor, a Commission at -large. Pamela L. Latimore (Assistant City Clerk): I have two names proffered by the Community Development for those, and it is Allan J. Hall and Mathew Ryan Grindler. Chair Sarnoff All right. Could we get a motion? Commissioner Dunn: So moved. Commissioner Gort: Move. Chair Sarnoff We have a motion by Commissioner Dunn, second by Commissioner Gort. Any discussion? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. BC.13 RESOLUTION City ofMiami Page 67 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 10-00466 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00466 NAB CCMemo.pdf NAB Current_Board_Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Richard Dunn II NO ACTION TAKEN Chair Sarnoff BC.13, looks like Commissioner Dunn. Commissioner Dunn: Defer. Chair Sarnoff Nuisance -- we got to get somebody on those. I understand you're going to defer today, butt would implore you, Commissioner Carollo, Commissioner Suarez, it is a feather in our quiver that we can actually -- Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes. Commissioner Dunn: Will you be revisiting that when they return or --? Maybe I -- Chair Sarnoff When does this come back to us? Pamela L. Latimore (Assistant City Clerk): Not the P&Z (Planning & Zoning) meeting -- Chair Sarnoff Next month? Ms. Latimore: -- but the next regular. Chair Sarnoff Please. This is a board that was never used for the past couple of years. It could be a very effective board. You may even want to possibly, if Florida Statutes allow us to do so, maybe even allow it to do some more power than it has. But this board can be extremely effective. I think -- Commissioner Gort: Sure. Chair Sarnoff -- Commissioner Gort knows -- Commissioner Gort: Yeah. Chair Sarnoff -- it was used in his time very effectively, so let's just leave it at that. BC.14 RESOLUTION City ofMiami Page 68 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 09-01318 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Youth Member) (Youth Member) NOMINATED BY: Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II Commissioner Richard Dunn II 09-01318 OAB CCMemo 05-13-2010.pdf 09-01318 OAB Current Members 05-13-2010.pdf 09-01318 OAB Board Memo.pdf 09-01318 OAB Applications.pdf 09-01318 OAB CCMemo.pdf 09- 01318 OABCurrent_Board_Members.pdf NO ACTION TAKEN Chair Sarnoff BC.14 appears to be all of your Overtown Community Oversight Board. Do you want to defer or make --? Commissioner Dunn: We -- that's -- that has to go out by -- Chair Sarnoff Oh, I'm sorry. Commissioner Dunn: Yeah, we dealt with that earlier. Chair Sarnoff You're right. BC.15 RESOLUTION 10-00347 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PARKS AND RECREATION ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Chairman Marc Sarnoff Vice Chairman Frank Carollo City ofMiami Page 69 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 BC.16 10-00462 Office of the City Clerk Commissioner Francis Suarez 10-00347 PRAB CCMemo.pdf 10-00347 PARAB Current_Board_Members.pdf NO ACTION TAKEN Chair Sarnoff Okay, BC.15, I will defer, and it looks like everybody else is not here. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Mr. Daniel A. Milian Michael Schiff NOMINATED BY: Mayor Tomas Regalado Chairman Marc Sarnoff 10-00462 PZAB Applications.pdf 10-00462 PZAB CCMemo.pdf 10-00462 PZAB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0240 Chair Sarnoff BC.16, I will -- I know I wanted somebody. If my office would come up -- Pamela L. Latimore (Assistant City Clerk): I have a name proffered by the Mayor for the PZAB (Planning, Zoning and Appeals Board) Board. Chair Sarnoff PZAB is the -- right. What's the Mayor's name? Ms. Latimore: One minute. It's Mr. Molina [sic]. Mayor Tomas Regalado: Milian. Chair Sarnoff Media [sicJ? Mayor Regalado: Milian. Chair Sarnoff Meya (phonetic)? Mayor Regalado: Mr. Milian. City ofMiami Page 70 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Ms. Latimore: Milian. Chair Sarnoff Milian. All right, so we have Mr. Milian. I'm going to proffer Michael Schiff. Could we get a motion on those? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. BC.17 RESOLUTION 10-00043 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: Robin Basco NOMINATED BY: Commissioner Wifredo (Willy) Gort 10-00012 UDRB CCMemo.pdf 10-00012 UDRBCurrent_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0241 Chair Sarnoff The Urban Development Review Board, BC.17. Commissioner Gort: Like to name a Robin Bosco. Chair Sarnoff Robin Bosco. And Commissioner Dunn, you have two. Commissioner Dunn: I'm going to defer. Chair Sarnoff All right. I'm going to continue mine of -- what is it? -- Todd Tragash. So can we get a motion? Commissioner Dunn: So moved. Commissioner Gort: Move -- second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. All in favor, please say "aye." City ofMiami Page 71 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 The Commission (Collectively): Aye. BC.18 RESOLUTION 10-00378 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR TERMS AS DESIGNATED HEREIN. BC.19 10-00464 Office of the City Clerk APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00378 Virginia Key CCMemo.pdf VKBTCurrent_Board_Members.pdf NO ACTION TAKEN RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Charles Allen Pruitt Chairman Marc Sarnoff 10-00464 Waterfront Memo.pdf 10-00464 WAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0242 Chair Sarnoff BC.19, Waterfront Advisory Board. I'm going to profferAlyn Pruitt. Commissioner Dunn, you have an appointment. Commissioner Dunn: I'm going to defer. Chair Sarnoff Okay. Could I get a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. City ofMiami Page 72 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 BC.20 10-00463 Office of the City Clerk Chair Sarnoff All right, we got a motion by Commissioner Gort, second by Commissioner Dunn. All in favor, please say "aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MIAMI BAYSIDE FOUNDATION, INC., A FLORIDA CORPORATION, FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Louis Millen Commissioner Francis Suarez 10-00463 Bayside CCMemo.pdf 10-00463 Bayside Non City Board Members.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0243 Chair Sarnoff Okay. Here's one, BC. 20, Miami Bayside Foundation, Inc. Unfortunately, the two Commissioners who haven't appointed are not here. BC.21. Commissioner Gort: I -- Chair Sarnoff Are we done? Commissioner Gort: -- have some questions on the Bayside Minority Foundation. My understanding it's not a City -- what do you call them? Chair Sarnoff Board? Commissioner Gort: -- board, but we get to appoint five. How does that work? Pamela L. Latimore (Assistant City Clerk): The Bayside Foundation is not a City board, but it is a board that City Commission is allowed to appoint five members to. Commissioner Gort: Well, my understanding is, we need to send a strong message. My understanding is, we have -- some of our board members have requested information from this individual and they never received it. So I'd like to know if we are part -- we have somebody representing my office in there and he request this information and he doesn't get it, I have a problem. Chair Sarnoff Well, let me ask the City Attorney this. Since we appoint approximately half the board -- well, actually, it looks like five directors are appointed by the City ofMiami, five directors are appointed by the developer, so I guess that's now general development, and five directors elected by the balance of the board of directors. So, essentially, we put on half the City ofMiami Page 73 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 board of directors. Veronica Xiques (Assistant City Attorney): Correct. Chair Sarnoff Now, I -- my person on the board, of course, asked to see all the books and records. This board has taken in, to the best of our calculations, over $2.5 million. Its charge was to provide -- creating and administering loan guaranty program for venture capital loans to minority business enterprises; creating a vocational/educational scholarship fund for minorities; providing technical assistance to local community development corporations engaged in economic development, such as the Miami -Dade Chamber of Commerce and Latin Chamber of Commerce, CAMACOL, in the form of management, legal, accounting, business development, counseling, training, and other related services to community development corporations in developing adequate support services. The executive director is Dwayne Wynn. He has refused to give our office one piece of information, referring us to the Clerk's Office. The Clerk's Office has told us they have no information. There is a minimum of $100, 000 a year made in quarterly payments from general development corporation up to, as in last year, $206, 000 was paid. Now I guess none of us were on the -- maybe Commissioner Gort knows, butl don't think any of us were around necessarily when Bayside was created, but a great many people made a great many promises, City ofMiami one of them, and this is part of the foundation. We essentially appoint half the board of directors. Madam City Attorney, does this board have subpoena power? Ms. Xiques: I'm not sure whether it -- the board has subpoena power, but what think is the key is that you have the ability, by having five trustees, call a special meeting. So if the five frustees which are already appointed call a meeting, then you can go around the executive director's failure to provide you with information. One of the trustees is Pamela Weller, from Bayside; and she, along with your appointee, have been very forthcoming in trying to get as much information together as they can. So I think that if it doesn't have subpoena power -- and we'll tell you that in a couple of minutes -- then the way to get around that is by having five of your already -appointed trustees call for a special meeting. Chair Sarnoff Well, supposing we wanted to do it a different way. And right now we have two Commissioners that have appointed no one. So we have three appointees. And let's say this Pamela Weller cooperates. They're still outvoted by the remaining -- Commissioner Gort: Sure. Chair Sarnoff -- directors who, let's say, for instance, maybe have something to hide, not saying they do, but maybe they do. Why wouldn't -- why can't this --? Forgive me. And I don't pretend to know the Charter or the bylaws of the City ofMiami like you do, but know we have subpoena power. Why can we not subpoena their books and records? Ms. Xiques: Well, it's not a City board, so -- Julie O. Bru (City Attorney): No. It's -- subpoena power is limited to investigating official transactions of City departments and City officials and the acts and conduct of City officials. It doesn't extend to a board such as this. Ms. Xiques: See, while the City has the right to place five frustees on this board, it's not a City entity; it's not a City board. So while, yes, you're correct, they're outnumbered. Pamela Weller and her four appointment -- appoint -- trustee appointees and the three of yours are making eight, so eight out of the fifteen. Essentially, if all of them vote a certain way, then you're not outnumbered. It's not ideal, but it's probably the best case that we can do right now. Chair Sarnoff All right. Commissioner Gort. City ofMiami Page 74 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Commissioner Gort: Let me ask a question. Could this be part of the agreement when the City made a contract with Bayside that they were going to put this organization together? Ms. Xiques: Yes. It's actually titled the Minority Participation Agreement. In this agreement it states that the Foundation, which is the Minority -- the Bayside Minority Foundation would be created and it would be required to put in monies for Bayside. Commissioner Gort: Right. Ms. Xiques: So the monies, at least from what -- the evidence I've been presented, there is a substantial amount, butt have not received an accounting. I also have asked for it, and I have not receiving an accounting for every dollar that's there. Commissioner Gort: Okay. Can we then ask the corporation? So they're the one that created the trust. Ms. Xiques: Well -- Commissioner Gort: Or we're not receiving the right documentations. I mean -- Ms. Xiques: The corp -- Commissioner Gort: -- somebody's got to be responsible for this. If not, let's get out of there. Ms. Xiques: Well, the corporation is the foundation. It's a 501(c)3, and the director of the foundation has been asked for the information, but he hasn't provided it. Commissioner Gort: No. I understand. But the person provided the funding. Ms. Xiques: The -- Bayside is the entity that provides the funding. Commissioner Gort: Right. That's who we got to go to. Chair Sarnoff Bayside has provided us an e-mail (electronic) -- Ms. Xiques: Yes. Chair Sarnoff -- as to the amount of money that they have provided to the organization. And the question we have to ask ourselves is what has the organization done with the money? And did the director pay himself a very large salary? Did he pay his friends and relatives? Did he give it to CAMACOL? Did he give it --? Commissioner Gort: No. Chair Sarnoff No, I know he didn't give it -- Commissioner Dunn: No. He's just raising -- yeah. Chair Sarnoff But I'm just saying -- Commissioner Dunn: Speaking out loud. Yeah. Chair Sarnoff -- what did he do? And this director, I believe, was in front of the County not even last year speaking on behalf of the County for their cultural and arts affairs, that well respected organization, and he won't even respond to the City as to what he's done with a City ofMiami Page 75 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 $1, 200, 000. And I don't understand how we can allow that to go on. And I just can't believe the most we can do is call a meeting, and a meeting that may not be attended. I -- what I suggest you do is you refer this to the State Attorney's Office, and I think we should pass a resolution asking the State Attorney to investigate because -- I don't even see why -- when a director who stands up in front of the County not even a year ago and is respected enough to speak in front of those 13 ladies and gentlemen and then he refuses to speak to us is -- maybe he's done completely legitimate things with this money, but at least tell us what you've done. Explain to CAMACOL, who is a signatory to that agreement; explain to the Chamber of Commerce, who is a signatory to that agreement, what have you done with the money? Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. You're recognized. Commissioner Dunn: How long have we been seeking some disclosure, I guess? Chair Sarnoff I'd say 75 to 90 days. Unidentified Speaker: Three months. Chair Sarnoff Three months. A year. Commissioner Gort: Somebody else a year. Chair Sarnoff Why don't you stand up if you want to say something? Both of you are on the board -- Pablo Perez Cisneros: Yes. Chair Sarnoff -- of directors? Here's -- Mr. Cisneros: The name is Pablo Perez Cisneros. I'm appointed by Commissioner Gort. As a matter offact, this goes back 25 years ago when Bayside was formed. And to give you a little history on part of the agreement that was done with Bayside and the City ofMiami at the time. It's supposed to -- Bayside is supposed to -- the City Commission at that time, there was the Mayor and four Commissioners, name five individuals to represent the City, then Bayside is supposed to name five others, and the ten will name the other five. So it's a board composed of 15 people. The idea was, of course, to make loans, to help the community, to give advice, to be put in business, creation of jobs, the minority 51 percent that was supposed to do Bayside. In other words, it's a lot of supervision that should have gone on. At that time it started, it was Howard Gary the one that's our -- is chairman of that board. Unfortunately, I've been going on this board since 2002 or 2003, and I've been to about five meetings of that board or six meetings of that board. They don't meet as often as they should. I always complain about it. I think they should meet every three months. I know that the salary is paid, but I don't know how much money's being paid. I gave -- the last time I gave Commissioner Gonzalez at the time, it was an audit, that it was two years old. That was at the last meeting and -- that I receive that. I ask questions and they always tell, well, in the next meeting you're going to have your answers. As a matter offact, you can see that I've been frying to deal with the executive director, Dwayne Wynn, and he doesn't answer my e-mails. As a matter offact, I used to send them to all the members of the board, and he sent me the e-mail, says the members of the board do not want you to send them e-mails concerning the organization because they -- you going to their privacy by doing that. So you know, I can respect, but they say it. I have to believe him. No, I don't think that he lies to me. But (UNINTELLIGIBLE) Fair is the chairman of the board and he also, you know, gets upset if somebody infringes in what is not considered my duties or things that I (UNINTELLIGIBLE) -- I keep asking questions. Commissioner Gort appointed me. I keep City ofMiami Page 76 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 asking questions; I don't get answers. So you know, this is the situation that we have now. As far as the amount of money he's supposed to -- Bayside contribute to this effort is, they're supposed to contribute on a quarterly basis $25, 000 or more because it's 10 percent or, but no less than $25, 000 per quarter. So I don't know if that's being paid quarterly or that's being paid annually, what's happening. Chair Sarnoff So is it -- Mr. Cisneros: So this is all I want to know. My 15 questions relate to that. Chair Sarnoff So it's fair to say -- 'cause I don't -- I want to cut off the discussion. Mr. Cisneros: Sure. Chair Sarnoff It's fair to say that you've been on the board since 2002. Since 2002 all questions that you've had regarding an accounting as to how money's been spent have been absolutely thwarted by this director, Mr. Wynn? Mr. Cisneros: No, no. That is not true because about two years ago or two and a half years ago, I gave Commissioner Gonzalez a copy of the audit that he requested to know what's happening at the time there were about $800, 000 in the tilt [sic], in different bank accounts, and it's about six or seven bank accounts, so -- but I don't know what's happened to the money since then. I don't know what salaries the executive director is receiving or if he has any staff is he paying rent? I have no idea. And I'm sorry to say, even though I'm a member of the board, you know, ifI don't get the answers, I cannot tell you. Chair Sarnoff Okay. Mr. Cisneros: And I'd like to tell you. I think it's important that you guys know what's happening, because the idea was that you help out the community. Chair Sarnoff All right. Thank you, thank you. Mr. Powers, you're recognized. Robert Powers: Bob Powers. I was appointed to this trust by you, Commissioner Sarnoff, three months ago. I've talked to the man three times on the phone. Each time I've talked to him has been a song and dance, you know. And I'm Irish, so I know all about blarney. But this guy has a silver tongue, and I've got to tell you something, he has never come back with any of the information. The address that he supplies as to his whereabouts is an abandoned building on 66th Street -- on 62nd Street, on Northwest 62nd Street. So you know, I've done my due diligence and I was very -- I finally went to Bayside, itself Marketplace and asked them to supply me with everything that they've sent to them. So going by what Pablo has just -- Mr. Cisneros has just told you, that the last time he got an audit was two years ago, there has been another additional $500, 000 that has gone into that account because they got -- well, you know 'cause you have the numbers. It was 200 -- a little better than $250, 000 over the last two years, per year, so that's about $500, 000. So we have at least a minimum of $1.3 million that's sitting in an account someplace. So we're just not getting any response from this fellow at all. Thank you very much for your time. And I would just -- I would move to abolish it and start all over again. Thank you. "[Later...]" Commissioner Suarez: Mr. Chairman. I'm sorry. Chair Sarnoff That's all right. I think there are some pocket items, you're right. City ofMiami Page 77 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 BC.21 10-00696 Office of the City Clerk Commissioner Suarez: I just have -- Chair Sarnoff But you're recognized. Commissioner Suarez: -- just was wondering ifI could reopen BC.20 simply for the purpose of making a nomination on that board? Chair Sarnoff Yes, sir. You're --Absolutely. Commissioner Suarez: Thank you. My motion would be to nominate Louis McMillan. Louis McMillan. Chair Sarnoff Okay, Louis McMillan. Commissioner Suarez: Thank you. Chair Sarnoff Commissioner Carollo, you do have an appointment there. I don't know if you'd want to do it. Vice Chair Carollo: I need to speak to the person I have in mind before making any -- Chair Sarnoff All right, so we have a motion by Commissioner Suarez on BC.20, Louis McMillan. Is there a second? Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair. Hearing no discussion, gentlemen, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff You had a number of other appointments. Do you wish to go through any of them? No? Okay. Commissioner Suarez: I'll do it in the next meeting. Chair Sarnoff All right. I think that concludes the -- wait. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING THE MAYOR AND MEMBERS OF THE MIAMI CITY COMMISSION AS CHAIRPERSONS, VICE -CHAIRPERSONS AND/OR MEMBERS ON VARIOUS TRUSTS, AUTHORITIES, BOARDS, COMMITTEES AND AGENCIES FOR TERMS AS DESIGNATED HEREIN. APPOINTED AS CHAIRPERSON: of the Bayfront Park Management Trust of the Downtown Development Authority of the Midtown Community Redevelopment Agency City ofMiami Page 78 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Commercial Solid Waste Management Advisory Committee APPOINTED AS VICE CHAIRPERSON: of the Mayor's International Council of the Midtown Community Redevelopment Agency of the Southeast Overtown/Park West and Omni Community Redevelopment Agencies of the Miami Sports and Exhibition Authority APPOINTED AS MEMBER: of the Miami -Dade County League of Cities of the Florida League of Cities of the Greater Miami Convention and Visitors Bureau of the Metropolitan Planning Organization (MPO) of the Miami River Commission of the Miami -Dade County Tourist Development Council 10-00696 Memo Commissioners as Members of Boards.pdf History Commissioners as 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-10-0244 Commissioner Gort: Let's take it now, if you want to. There's only a couple of items. Chair Sarnoff What is your item you want to be heard on? Commissioner Dunn: BC.21. Chair Sarnoff Let's take BC.21 now. Commissioner Dunn: Okay. And that's -- thank you, Mr. Chair. City ofMiami Page 79 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Okay. Vice Chair Carollo: What are we taking up? Chair Sarnoff BC.21 is a resolution of the City ofMiami Commission appointing the Mayor and members of the City Commission as chairpersons, vice chairpersons, and/or members of various trusts, authorities, boards, committees, and agencies for terms as designated herein. It's the chairmanships of the various boards. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes. You're recognized. Vice Chair Carollo: I make a motion to leave as -- everything status quo. Chair Sarnoff Okay. Commissioner Suarez: Second. Chair Sarnoff There's a motion by the Vice Chair, second by Commissioner Suarez. Anyone from the public wishing to be heard on BC.21, please step up. Hearing none, seeing none, come back to the Commission. Commissioner Dunn, you wish to be heard? Commissioner Dunn: Well, basically, I mean, we can vote on it. It's a done -- I mean -- thank you. Chair Sarnoff Okay. All -- Commissioner Dunn: Now al -- Chair Sarnoff Go ahead. I don't want to -- Commissioner Dunn: Also for the Overtown Oversight Advisory Board, I wanted to take -- Vice Chair Carollo: Well, let's vote on this first though. Chair Sarnoff Right. Pamela L. Latimore (Assistant City Clerk): Yeah. Let me get a vote on -- Chair Sarnoff All in favor -- Ms. Latimore: -- BC.21 and then I can address that. Chair Sarnoff -- please say "aye." The Commission (Collectively): Aye. END OF BOARDS AND COMMITTEES MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO City ofMiami Page 80 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 D2.1 10-00641 (D2.1) 10-00641a END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF DISCUSSION ITEM MIAMI BAYSIDE FOUNDATION, INC. DISCUSSION ABOUT MIAMI BAYSIDE FOUNDATION, INC. AND ITS GOALS AND ACHIEVEMENTS. ALSO DISCUSSED WILL BE A REQUEST FOR COPIES OF THE FOUNDATION'S BOOKS, RECORDS AND MINUTES FOR THE PAST FIVE YEARS, INCLUDING BUT NOT LIMITED TO ITS CHECK REGISTER AND ALL DEPOSITS RECEIVED AND ALL PAYMENTS MADE. 10-00641 Email.pdf DISCUSSED RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY STATE ATTORNEY, KATHERINE FERNANDEZ RUNDLE, TO INVESTIGATE POSSIBLE FRAUD WITHIN THE MIAMI BAYSIDE FOUNDATION, INC.; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO MIAMI-DADE COUNTY STATE ATTORNEY, KATHERINE FERNANDEZ RUNDLE. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Carollo, Gort, Sarnoff and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0251 Chair Sarnoff All right. I don't know that we have that authority, but I think what we could do is pass a resolution asking the State Attorney to look into this, so would someone make that motion? Commissioner Gort: Move it. Chair Sarnoff All right, we have a motion -- City ofMiami Page 81 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 NA.1 10-00726 Commissioner Dunn: So move. Chair Sarnoff -- by Commissioner Gort -- Commissioner Dunn: Second by -- Chair Sarnoff -- second -- started by Commissioner Dunn, second by Commissioner Gort, asking that the State Attorney look into this issue. Any further discussion on the item? Vice Chair Carollo: And -- what's the motion? I'm sorry, Mr. Chairman. Chair Sarnoff It's asking the State Attorney to look into the Bayside Foundation -- it's Bayside Trust Foundation to -- they're not giving us any documents or -- Vice Chair Carollo: I understand. Chair Sarnoff -- any accounting. Vice Chair Carollo: I'm aware of that. Chair Sarnoff Okay. Vice Chair Carollo: Sure. Chair Sarnoff So we're asking that the State Attorney look into that. All right, hearing no further discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. All right. Thank you very much. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM City ofMiami Page 82 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 DISCUSSION BY MAYOR TOMAS REGALADO AND THE ADMINISTRATION REGARDING THE CITY OF MIAMI'S FY2010 AND FY2011 BUDGETS. 10-00726-Submittal-FY'10 Proposed Budget Summary.pdf DISCUSSED Chair Sarnoff Now, let's start out with recognizing the Mayor. The Mayor has a discussion he wishes to bring to this Commission. Mr. Mayor, you are recognized for the record. Mayor Tomas Regalado: Thank you very much, Mr. Chairman. Good morning, Vice Chair Carollo, Commissioners Suarez, Gort, Dunn. We have sort of a presentation for you in terms of this year's budget, but it is important that we state on the record that we are working very hard with the Administration to bring this budget into compliance and also working for next year's budget. We're trying to find new revenues. But it's important that we understand way before budget time that the people of the United States are tired and fed up with the governments taxing and spending, government inefficient [sic], corruption, preservation, and above all, with government preaching one thing and doing exactly the opposite. So the City ofMiami, 46th largest city in the United States ofAmerica, is amongst one [sic] of the poorest cities in per capita income, and we have to recognize this at budget time. So we want to state on the record that we do not plan to come to you with a property tax increase for next year's budget. It's important that we know a month before the process because now we can all think of how we comply with state law and present to you a balanced budget. We all know that the people of Miami cannot afford -- in some meetings that we have in executive committees, all of you have expressed the fact that it's not that the people do not want to pay more taxes. It's that they can't pay more taxes. And this -- it's important because, you know, the simple solution will be to bring to you some property tax increase that we'll say will get so many millions and all that. But we are a city of renters. A high percentage of residents rent apartments in the city. Even in public housing, there is a rate increase. And we just don't want to have these people suffer anymore. I think that the people ofMiami do deserve a break. So we are -- our policy is no new taxes for next year. And as you know, I have said -- well, I understand that we have a huge deficit, but in terms of property taxes, we're drawing the line and we're saying there's not going to be any increase in this year's budget otherwise. I will veto anything that comes with property tax increase. Having said that, we have prepared for you a report, and the City Manager is ready -- ifyou allow, Mr. Chairman -- to give you some details of what we are doing on this year's budget so you all understand the savings. And by the way, there are several new revenues projects that we are setting up for the next budget, and I think it's important that we not only are offering no property taxes, but we're frying to increase revenue by not hitting the pockets of the people ofMiami. So Mr. Manager. Chair Sarnoff You're recognized for the record, Mr. Manager. Carlos A. Migoya (City Manager): Thank you, Mr. Chair, Mr. Mayor, Commissioners. As of last Thursday, we sent you an e-mail (electronic) which is no different than what we have just given you now, but it's more for you to have in front of you. As you might recall, we had a -- we had projected a decrease in assessed values of 10 percent. And as of the latest tax assessors -- tax appraiser's estimate, which are usually pretty accurate from the number that will come in July 1 and in previous years, we're expecting to have a 15.5 percent drop in assessed values. To that, we'll have an additional adjustment to our projections of about another $13 million. What that means is that if you look at our property -- in the revenue category, we will have a drop of $40 million in tax revenues next year projected at this point in time. With that, we are still of the belief -- if you look at the numbers -- that we will be able to -- with the recommended actions that we had on salary actions of the 5 percent, the health plan actions, the pensions, and a 2 percent attrition rate on staff that we are planning every year as we do efficiencies, that we will be able City ofMiami Page 83 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 to get about $82 million in reductions from the expense structure. In addition to that, we have an additional $10 million, which will come from other -- 10 to $15 million, which will come in the form of other fees, one of which will be, if we get something right as it relates to replenishing the reserve and paying off a debt -- a piece of that will be defeasance and some of the other fees which are not yet identified at this point in time. We're in the process, and we'll have it by next week. Every department is working on what those fees look like. I can give you some examples of those. For example, we have a new College of Police, as you all are well aware of and one of the things we're looking at is using the firing range as ways to -- other departments being able to use our firing range and pick up revenues to -- from that standpoint. We're also training future police officers throughout -- for which they are paying and we're getting revenues for that. We're also starting to fingerprint for the public. Those are -- even though they look like minor, they start adding up. And we're looking at increases in revenues and fees from all kinds of different ways and different departments. I was just giving you some examples of which we will be able to pick up between 5 to $8 million in fees next year. And we'll -- looking forward to be able to identify what those look like in the future to you. But at this point, we're estimating those numbers to be in the 10 million, 8 range so that we can come up with a balanced budget for next year. If we don't get agreements with the unions on these numbers, then we may end up coming back to you, Commissioners, to come up with a decision as to what that looks like, which will then -- you'll have to deal with what the decisions are on the salary reductions and different compensation reductions as well as the fees. If you choose not to grant any of those, then the worst -case scenario, which would then mean it would fall back into my action, would be to go in a full adjustment of $100 million in the form of expense reductions. Having expenses being 90 percent on labor, what we will be expecting to do, and we're preparing ourselves to do, is to then at that point in time create mass layoffs, which is something I don't care for. We -- I believe our service levels are at the right point. I believe that both for public safety and waste that we currently are at the right service levels. But if we need to do the reductions to be able to get the $100 million deficit down, we are in the process of preparing ourselves to do that. And we'll be able to report in the future what that looks like. So our downside -- the way we're looking at it -- will be to obtain the deficits through layoffs, at -- in a worst -case scenario. What we're hoping to be able to do instead of that is to have no layoffs and be able to get this primarily through salary reductions, change in the pension plan, and a change in the healthcare plan, and some minor increases to fees. That is our plan and continues to be our plan at this point in time. Butl just wanted to give you this because I think it's important to say -- I know there's been a lot of speculations that would happen to the City, but believe the worst -case scenario would be at this point in time that we would have to have a reduction of force in approximately 31 percent of the total staff of the City. Chair Sarnoff Mr. Manager, 31 percent would be about 1,140 layoffs, would it not? Mr. Migoya: Eleven twenty-eight, to be precise. Chair Sarnoff And we're at 3,600? Mr. Migoya: We are at 36 -- 30 -- I'm sorry. It's 1,128. Did I say 1,128? It's 1,128 -- Chair Sarnoff I think you said 1,128. Mr. Migoya: -- and we're currently at 3,635. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: This might be a little premature, but at the same time, Mr. Manager, should there be any layoffs, how would those layoffs be determined? Is it based on seniority? Is it City ofMiami Page 84 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 based on evaluations? And again, this might be a little premature, butt would like to know, should there be layoffs, how would those layoffs come to be? Because many times I see that the earners -- the wage earners that make the less are the ones that are cut, and then we will need to cut a lot more people. And then sometimes people that are in government for many, many years, know how to operate the system, and they seem to go from department to department making high salaries and never get touched. So I'm just -- you know, again, it might be premature, but I'm asking how -- should there be any layoffs, how will those layoffs come to be? Mr. Migoya: Well, by rules, we have to do it by seniority. So obviously, the least tenured people are the first to go. And you're absolutely right, we would retain the highest salaried employees at that point in time 'cause they're the most tenured employees. My current proposal on the salary reduction is to get the highest cuts from the highest paid people. So I think that it's a much fairer proposal and one that doesn't impact service levels. But if we have to go to layoffs, I have to stay within the rules that we have for civil service, I believe it is, which are the tenured people -- the most tenured people are the ones to stay. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Go ahead. Have colloquy. Vice Chair Carollo: And would that be up for negotiations with the unions, too? Is it under Civil Service? Mr. Migoya: I don't believe so. Layoffs would be strictly up to the Administration. Vice Chair Carollo: And seniority? Mr. Migoya: And seniority, yes, sir. I don't think we can negotiate -- I mean -- Vice Chair Carollo: Could that be changed? Could that be negotiated? Mr. Migoya: The seniority. Vice Chair Carollo: In other words, instead of based on seniority, maybe based on evaluations. I mean, don't employees get evaluated? Michelle Pina: Hi. I'm Michelle Pina, director of Employee Relations. Currently, the way that the City approaches layoffs is according to the Civil Service Rules, and that is not -- there's typical clauses and language in the contracts that address layoffs, and there's certain language within the IAFF (International Association of Fire Fighters) contract that limit the way we go about layoffs. However, for the City as a whole, we look at the Civil Service Rules, and then the next step is to go to the union contracts and see what limitations we have within each contract. Vice Chair Carollo: So -- and -- can I continue, Mr. Chair? Chair Sarnoff Oh, I said colloquy. Please. Vice Chair Carollo: Thank you. And -- so there is room there for negotiations with the unions. Mr. Migoya: Well, I'm assuming that if you're not willing to negotiate salary -- adjust salaries and healthcare and pension, you're not going to want to discuss seniorities. But I guess everything is up to the Commission to figure out at that point in time. Vice Chair Carollo: Well -- City ofMiami Page 85 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Well -- just a minute -- actually not. Each employee will be able to enforce their civil service right. The union cannot collectively bargain away his civil service right. So even though you may come to an agreement with the union, that particular member may say, "Thanks, but no thanks. I'll be going to court, I'll be getting an injunction, and I'll be holding my civil service rank in accordance with the Civil Service Rules." Mr. Migoya: That makes soon. Chair Sarnoff You done? Commissioner Gort, you're recognized, then we'll go to Commissioner Dunn. Commissioner Gort: You know, one of the rules within government, unfortunate, most of the departments says -- when it comes to the end of the year, hopefully, I think my office is going to be able to return some funds. Most of the time, most of the departments will say, spend it all before the year comes to a conclusion because, if not, you're not going to get the same next year. I think somehow we have to look at each of the departments, and if they can save some funds, they should go ahead and do it, and no rollover. I mean, if you don't use the funds, you lose them. Give them back to the City. I'm pretty sure my office is going to be able to give back some of the funds from our budget. Butl think that's something we need to look into it also. Mr. Migoya: Mr. Commissioner, thank you very much for saying that. We are operating on the assumption that there are no extra funds in any department at this point in time. And if-- in the last day or so, I believe -- I think it was yesterday that we extended the procurement freeze till the end of the fiscal year precisely to make sure that we don't have any of those last-minute rushes before the end of the fiscal. Commissioner Gort: Right, but at the same time, the procurement freeze is not going to stop the projects that are already being in advance to be implemented. Mr. Migoya: Projects are not included in the procurement freezes. The projects -- the only thing that's been actually holding up the projects is to make sure we've had a new CIP (Capital Improvements Program) director -- Commissioner Gort: Right. Mr. Migoya: -- and then she's in the process of going through that inspection. She's 75 percent done with that. And we're feeling pretty good that we should be able to continue to work with the projects, and that has nothing to do -- procurement has to do with the expense structure and not with the project structure. Commissioner Gort: Okay. But they need to buy/purchase equipment. And sometimes the trucks break down, and things like that, and they cannot do the work because they don't have the parts. They haven't been able to buy. So those are some of the things we need to look into it. Mr. Migoya: Yes. Commissioner Gort: Thank you. Mr. Migoya: We are -- we're looking -- thank you, sir. Chair Sarnoff Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chair. Just for clarification, the 31 percent, will that -- proposed 31 percent, if that's where we end up, Mr. Manager -- would that -- how would that be done? Will it be evenly across-the-board, or how do you do --? When you say 31 percent, what City ofMiami Page 86 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 does that actually constitute? Mr. Migoya: It is still early to figure that out. But when you're cutting 31 percent, you're going to have to impact every place. There might be departments that are eliminated totally. But every department will be significantly impacted. Commissioner Dunn: One other question. What if a department or a union is willing to negotiate favorably with the City, will they be penalized at the same level based -- will they be penalized at the same level per se with a union that does not willingly negotiate with the City? Mr. Migoya: You bring up a very interesting point, one that I've -- that we have looked at distinctly. It would not be fair to ask a specific class group to take pay cuts and changes in benefits, and then in exchange for that, give them layoffs. What we've been talking about in all class groups is there will be no layoffs. So we will probably try to honor that and figure out how to reduce expenses through layoffs where we can't get other expense reductions. Chair Sarnoff All right. Commissioner Suarez? Nothing. Mr. Mayor, you're recognized. Mayor Regalado: I think that it's important that we have this conversation and that we have it in the Sunshine because people need to understand that these are the options. However, the 31 percent layoff should not be tomorrow's headline because that's the worst -case scenario; that if we do not have the political will to fix the problem this year so we won't have the same problem next year and next year -- because if we do the 31 percent layoff and then the property appraisal [sic] says, next year, guess what, foreclosures are sky high, and then -- well, what do we do? Another 20 percent next year. Cities don't cease to function. The City will never cease functioning. We have to get the police out and fire and pick up garbage. So I think that what the Manager is saying in terms of the worst -case scenario is that it's the worst -case scenario, and that is one of the options that we do not want to exercise. But it's important to understand that if we do have the political will, if we send a united message, if we say to the world that we're committed not to kill the residents and not to kill the city and fix the problems so anybody can work, so we can have the same level of services, then people will get the message and we'll be able to have a balanced budget and a functioning city with quality of life for everyone. So I just don't believe that we should focus now on this 31 percent and how are we going to do the layoff and all that because we have a long road to walk to. And like the Manager is saying, just in the police -- on the police side, they have found several areas where we can have income without penalizing the residents. We are working with the Solid Waste Department in order to have new set of projects that could bring income without penalizing the residents and several departments, the Building Departments [sic], the Zoning Department. I think that we have areas -- GSA (General Services Administration) -- that we can reduce, that we can save, that we can increase revenues for the City. And if that is put together with the political will to do the right thing, then we have a functioning city. This is a great city. And now, as a matter of fact, we don't know yet the census results. We're having difficulty, as the Chairman knows, getting into buildings. And this is important because it all depends of [sic] what the census show in terms of revenue sharing from the federal government. We also need to be more proactive in getting grants and funds. I understand that there is a problem in getting the Workforce money because of the unions. But how can we say to the world, we can't take $1 million from stimulus money to create jobs because we are in the process of talking to the unions. They need to understand that this million dollars, we can use it to employ maybe 1,000 people in the City ofMiami. So we need to understand that there is much to do, but that this doomsday scenario of 31 percent, it's very far away. We have the capability, and I know that all of you understand. This is -- I think this is one of the few times in history that we have a City Commission that really understands everything that is going on and we appreciate that. So I guess that's the report. If you have any questions - Chair Sarnoff Well, let me -- Commissioner Suarez and then Commissioner Gort and then back City ofMiami Page 87 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 to the Vice Chair. Commissioner Suarez: Thank you, Mr. Chairman. Thank you, Mayor and Manager. About a week ago, I sent an e-mail regarding cleanup of Coral Way. And to the credit of the Administration, Public Works and the Manager's office jumped on it and got Coral Way cleaned up from the excess leaves that had fallen. But what learned was that we had dedicated the entire City's workforce to that project for basically a week and a half. And that we only had 16 landscaping people in the entire City ofMiami. And I just wanted to kind of touch upon what the Vice Chairman said. If our Civil Service Rules require us to let go of those people before someone who may not be providing the services that we -- that are essential to the City ofMiami that are making five, six, seven times the amount of money that one of those workers are [sic] making -- I think they were telling me that they make about $10 an hour, those particular workers. We could triple or quadruple or quintuple our labor force of landscapers in the City of Miami for the cost of one high-level employee. And maybe what we need to do is sit down with the City Attorney, maybe we need to have it as a discussion item. Butl think we need to take a long, hard look at our Civil Service Rules. And if we need a Charter amendment, if we need to change the ordinance, whatever needs to be done so that seniority is not the only factor. Because if we have nonperforming people in the City ofMiami who are making, you know, $200, 000 or above, and we could employ an entirely new crew of landscapers, you know, we could provide more services for the same amount of money. And, you know, I think that's a very good suggestion on the part of the Vice Chairman. I'd like to sit down with the City Attorney. Maybe it would be a good idea to have a discussion item in the near future where we can talk about it amongst ourselves. But we need to take a hard look at that. Because, you know, if we don't have that kind offlexibility, if the Manager doesn't have that kind offlexibility, if the Mayor - - you know, the Administration doesn't have that kind offlexibility, you know, then we could be in a situation like the Mayor indicated where we have, you know, layoffs after layoff and then what happens is we're just cutting out our service -- the service sector of our City, you know, in favor of people who are upper management or middle management but are not really, you know, doing the things -- are not collecting our garbage. They're not cleaning our streets. They're not - - and it would create a serious problem in the City, I think, over a couple of years. Chair Sarnoff Mr. Mayor, one second. Madam City Attorney, civil service, is that by ordinance? Is that by state statute? Is that by practice? Julie O. Bru (City Attorney): Okay. When we speak of civil service, we speak of the whole concept of hiring in the City based on merit and fitness for the job, we speak of the concept that we avoid patronage and favoritism and abuse of power. So there are provisions that are in the Charter that would need referendum in order to change, and then there are some provisions that are just in the ordinance, and then there are some past practice. So we have a combination of ordinance, Charter, and past practice that we can look at comprehensively and get back to you and let you know what areas you have unilateral discretion to modify. Chair Sarnoff Would -- Commissioner Suarez, would you be willing to maybe chair a very small committee to look at --? Commissioner Suarez: I would very much like that, except that the Vice Chairman had the idea of -- Chair Sarnoff I'm sorry. I didn't mean -- Commissioner Suarez: -- and so with the Vice Chairman's permission, or if the Vice Chairman wants to chair it, that's fine with me, too. Chair Sarnoff You're recognized. City ofMiami Page 88 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes. Vice Chair Carollo: I mean, I brought it up because it seems to me that we keep saying we want to fix this problem, but if we want to fix this problem, let's really fix the problem in its totality, not just one area where we target a certain group or so forth. Let's fix it in its totality because there are, you know, lots of problems that I think we will all agree are definitely there, you know. And from what the City Attorney said, you know, why do we have evaluations? Why are employees evaluated? I mean, if they're doing a good job, obviously -- that's how it is in the private sector, Mr. Manager, and you know that very well. If someone's a good employee, you don't get rid of that employee. However, the system that we have right now, currently, I think it's flawed. And I just want to, you know, bring that up to, you know, my colleagues' attention and so forth so we could really look at all aspects of it. And as far as chairing it, I don't know if -- you know, we could do it under Sunshine or if you prefer not to, you know. I don't mind Commissioner Suarez chairing it. I could chair it. I mean, there's other areas that I'm going to be looking at and that I'm going to be bringing to this Commission, but not -- I don't think now is the best time. I think, come budget time, I'm going to be bringing suggestions and so forth, and I'm going to be digging more into the numbers. But either one, I mean, I feel comfortable with Commissioner Suarez or myself or, you know, however you want to do it. Mr. Migoya: Mr. Chair? Ms. Pina: Mr. Chair? Chair Sarnoff Go ahead. You're recognized. Ms. Pina: Thank you. Michelle Pina, director of Employee Relations. I just wanted to make the Chairman, the Vice Chair, and the members of the City Commission aware that we -- the Department of Employee Relations, in conjunction with the CityAttorney's Office, and the Civil Service executive secretary, have been revising the Civil Service Rules and Regulations and have been for quite some time. So we can actually provide you a draft of what we have already worked on, and that probably would be a good head start, if you are to put together a committee. Chair Sarnoff Yeah. My only issue is I want to make a Commissioner responsible for what I call four or five solutions to actually change the way the City practices so we start developing -- whether we're the first city to do it or the twentieth city to do it, I don't know. I want to create a city of best practices. Mr. Migoya: Mr. Chair? Chair Sarnoff You're recognized, Mr. Manager. Mr. Migoya: Thank you, sir. Let me say that I don't know any organization in the world that does not have layoffs by seniority. I think that's a rule that happens everywhere. And frankly, going back to the Mayor's point, which I think is very important, if we follow what we are trying to work on at this point in time of dealing with expense reductions the way that we're proposing to do it, where actually the highest paid people get the highest cut on a percentage basis, not just dollar amounts, that we're going to be able to deal with this without layoffs. The focus right now on layoffs, when we have so many other things to do, it may not be the most productive thing that we can be working on. However, if you choose to do so, I'm just cautioning you, I'm perfectly fine with that. But the Mayor made this point, and I think it's absolutely true, rather than worrying about the worst -case scenario, what we ought to work on is what are the most possible scenarios that are really up to -- and by the way, I didn't mean -- I didn't say this previously, but it's not just the Administration. The union leaders understand the situation we're in. We all -- City ofMiami Page 89 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 you all understand it. I think we're all willing and able to work throughout this process without having to go to the worst -case scenario. What's important about the worst -case scenario -- I know there's been speculation about what the worst -case scenario for the City is -- and I think this is the maximum worst -case scenario. I don't think we need to go any further than this because it's within our actions to bring the City to a balanced budget. Chair Sarnoff Well, you know, that's all well and good, Mr. Manager, and I was going to ask you as a closing person on this thought, where do we stand with the -- why don't you tell the public how we're doing on our negotiations? Mr. Migoya: We're basically starting in many of the negotiations. We started police collective bargaining this week. We went through the Fire Department on the financial urgency. We had the 14 days of collective bargaining. We're now officially at impasse. We are -- notified PERC (Public Employees Relations Commission), which is -- Ms. Bru: By the 25th, we will have selected a special magistrate to go through the next process, which is have the special master -- a special master hear the union and hear from the City, and then make a recommendation, which can either be accepted or rejected. And if it's rejected, then it comes to the Commission for -- Chair Sarnoff See, but the point that the citizens need to know is that one of the unions you're trying to deal with has gone to impasse. You did not come up with an acceptable number reduction to fit within your confines ofyour budget, correct? Mr. Migoya: At this point, you're right. So -- Chair Sarnoff So -- well, let me -- hear me out. What's wrong with a Commissioner exploring best practices and what he believes to be best practices? Because you don't know what the scenario will play out. And having been on this dais, as Commissioner Gort has -- especially with the Mayor -- I was going to say former Commissioner Regalado -- things happen very quickly in September. Very quickly. You'll hear negotiations on this dais probably -- I was going to say inappropriate, but you know, Commissioners can do as they wish, and you're then left scrambling, does this fit my budget? I have no problem with a Commissioner coming out and determining, we may not be able to fix it today, but next year, I want this fixed, and this is the best practice to go forward. You know, the budget task force, I've asked them to come up with best practices. Everybody's agreed not to kick the can down the road anymore 'cause there's no more road to kick it down. What is wrong with a --? I actually don't want to use the Vice Chair because I suspect, based on his numbers ability, he's going to come up with five other issues that can get drilled into, and he may want to chair one of those five, or he may give it to Dunn, he may give it to Gort, he may give it to me. Because he's really -- I consider him sort of the admiral. He's going to look at the entire field of play. He's going to position his ships, and he might say, I'll take that ship over there, but he hasn't even decided where all the ships belong. Suarez, you know it's an area that interests him. You know it's something that he thinks is wrong. What is wrong with him exploring -- Migoya: Nothing. Chair Sarnoff -- how civil service operates and how it can be improved? Mr. Mayor. Mayor Regalado: I -- ifI may, I totally agree, Mr. Chairman. And I think it's important that maybe Commissioner Suarez can be appointed by you as a one person committee to deal with this practice, and Vice Chairman could be appointed as a one-man committee. And we should assign each Commissioners [sic] areas. And I'd like to say that there is -- if a law should be changed, then let's change it. We have a golden opportunity of a public referendum in the City ofMiami, in November of this year that would take effect immediately after the November City ofMiami Page 90 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 election. So even if we do not have those measures in place in October 1 -- there's only one month, and we need to be proactive in placing items to the public as a referendum. The people ofMiami really understand what is good for them. I remember that 78 percent or 80 percent of the people voted against the abolition of the City ofMiami, Commissioner Gort and I, and Commissioner Dunn and I, we were here at that time, and the people -- even though they knew that the City had problems and that taxes are going to be raised and fees and all that, they wanted the City to keep being the city with the services that they wanted. If we present the case to the people ofMiami, saying these are the rules that have impede to -- the Administration or the Commission and the Mayor to make the necessary changes, and we explain it to them and the consequences of yes and a no, people will vote on it. I think that we have an opportunity -- although I warn you that the last day to place items in [sic] the ballot for November -- because it's so, so crowded -- is August the 20th of this year. So we need to work fast so we can have the ballot language and all that in [sic] the ballot. But I do think that it's a good idea, Mr. Chairman, that you designate -- in fact, all the members of the Commission as one person committee that could work in different areas, and even they can -- instead of like, creating a charter review committee that will meet and meet and meet -- we have an August 20 deadline that we need to comply with. August 21, we won't be able to place anything in the agenda. We will be bringing maybe one or two items that we believe that are revenue -making and to enhance the quality of life of the City for voter approval. But it's important that we do this. And if these rules are presented to the voters, and if we do the right presentation, I'm sure that the voters will help the City ofMiami to survive. I just wanted to comment on Commissioner Suarez statement on Coral Way. He's right. And the reason that we had to clean it is because, as a Commissioner -- you may remember, Chairman -- I stopped a contract for an outside company of $300,000 to clean the median in Coral Way. And I said at that time to the past Administration, instead of awarding this contract, give it to NET (Neighborhood Enhancement Team) so they can sustain. Imagine $300, 000 for those -- not only it would work for Coral Way, but for Flagler and 8 and 27th, 7th Avenue, and you know. So we need to think proactive and understand that we do have the capability. They clean it, and they clean it very good, by the way. And it's important. And it's import -- and Coral Way is important because it's about the face ofMiami. You do not want the people crossing Miracle Mile and saying, "I just entered into the City ofMiami because it's all dirt." And so it's important that we realize that and hopefully, Chairman, the Administration is committed to work with the members of the Commission because you all have to make very tough decisions, so -- And, you know, Carlos, Marc is right in saying -- and we have people here that have done that job, Willie and Richard. Come September, Commissioners, you have to approve this because I can't -- Commissioner Gort: We have a deadline. Mayor Regalado: Yeah, we have a deadline. You have to approve this. And if you don't approve it, well, we have to notify the State that we don't have a balanced budget. And I remember those budget years, 3 a.m., 3:30 a.m., and finally approving something that the Commission did not like or wanted. So hopefully, we'll be proactive this time. Chair Sarnoff All right. Commissioner Gort: Mr. Chair. Chair Sarnoff Let me go to Commissioner Gort, then we'll come back to Commissioner Suarez, and hopefully, Commissioner -- the Vice Chair, and we'll wrap this up. Commissioner Gort: You know, as it was stated before, that this gives us an opportunity not only to fix the budget for the City ofMiami for this year, but years to come. And, Mr. Manager, I know you're doing a great job, especially for the salary you're being paid, and you have looked at every department, and you have brought on some new directives, which I have a lot of faith in them. But I think this meeting is very important that people understand the situation that the City City ofMiami Page 91 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 ofMiami has. In the past, there were certain things that were happening that should not happen anymore, and I know you're trying to do that -- avoid that. I think the employees -- all of the employees and all the members of the City ofMiami need to understand where we're at at this point. They need to make decisions. At the same time, the directors have to supervise and make sure that they supervise their department and they maximize in the use of their departments and the people. So I think this is important. And I think it's important to have different plans. I mean, let's have different options. I mean, we know that what you're talking about is the worst of the case, and hopefully, God willing, we won't have to come to that. But it's important to know that we might have to come to that and that we're ready -- if we have to come to that, that we're ready to implement it. So I don't have any problem with the -- either one of the gentlemen's -- the superhero -- or whatever to take over. Chair Sarnoff Superman is recognized for the record. Commissioner Suarez: Mr. Chairman, I think the way that we should proceed on this is to have a discussion item on the next Commission meeting, which would give us an opportunity to, number one, have all the Commissioners briefed on what the Civil Service Rules exactly are. Number two, it would allow everyone to give public input, which would then allow the committee of one person to have some direction from the entire Commission, with an understanding of what the rules are on how to proceed. So that would be my suggestion. I have no problem chairing that if the Vice Chairman is okay with it, or if he wants to do it, that's fine as well, whatever you guys want. Chair Sarnoff I anticipate he's going to tell us four or five other issues we're going to drill into. You're recognized for the record, Mr. Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I like whatCommissioner Suarez recommended, as far as having a discussion item. And I don't mind him chairing the Commission [sic] of one. The only thing that do ask, respectfully, is that you don't tie the other Commissioners' hands. In other words, shouldl want to dig into an area with regards to civil service and so forth, thatl can't contact the Administration and so forth. So the only thing I request is that you do not tie other Commissioners' hands. Obviously, should I have a question, I cannot contact, you know, Commissioner Suarez and ask him, "Hey, listen, I'm looking into this. I crunched some numbers or so forth, and this is what I'm seeing. What do you have?" because we violate Sunshine. So that's the only area that I'm concerned. As long as you don't tie my hands where I could contact the Administration, and should they tell me, "Yes, Commissioner Suarez asked already and so forth. This is what we have," and so forth, I'm okay with that. The second thing that want to mention is that think we can all agree that by the report that the Manager has given to us and so forth, we are obviously facing some tough financial situations. With that said -- and I'm sure Chairman Sarnoff is going to understand 100 percent, where if we're right now receiving information that the situation -- the financial situation is not good, I don't want at another time to be portrayed that, hey, it's not that bad because I know in the past it has happened. So I think we can all agree that any revenues coming into the City ofMiami right now need to be protected, and we need to do everything that we can in order to protect any revenues that's coming into the City ofMiami right now. And I'm saying that, and you will see, 'cause later on we're going to touch on an issue which does touch upon revenues coming into the City ofMiami. So I think we can all agree that with the situation that we're facing, that all revenues coming into the City of Miami needs to be protected, and at the very least, we need to do everything we can in order to maintain all revenues coming into the City ofMiami. The last thing I want to mention is that truly believe that we can all work together. I specifically remember that campaign, Mr. Mayor. I remember you being involved, my brother at the time, Commissioner Gort, I was involved, not on the dais, but you know, I would hold up my signs and so forth. As a matter of fact, even the unions were involved in that campaign and they were all in favor of it. So what I'm saying is that we all came together as a group in order to make that happen, and I think we can do it again. I truly believe that we can all work together and move the City along. Thank you. City ofMiami Page 92 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 NA.2 10-00747 Commissioner Dunn: Mr. Chair? Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: I also express and support the sentiments that have already been expressed. I do believe that one of the things that needs to occur as it occurred -- and you just brought out an excellent point, Mr. Vice Chairman -- is that there needs to really be a sense of urgency, and I don't see that yet, based upon some of the stalls that we've had in negotiations, that people don't really believe that we're facing a sense of urgency. And at the end of the day, it's really -- it's not rocket scientist [sic]. It can be all or none. And so there has to be some willingness to give regardless of what may have been the situation years ago when the City was more financially healthier. We've got to be willing to give. I mean, that's just -- or else it puts -- it places us in a very precarious situation. And that 31 -- I'm not saying that that -- but that 31 percent is something that does loom. It is, hopefully, the end game. Hopefully, Mr. Mayor, Mr. Manager, that won't occur. But that is a harsh reality if there's no willingness on everyone's part to be willing to give. Chair Sarnoff All right. Mr. Manager, the only thing I'll say is I think you're doing a hell of a job. You've made me understand it. You're extremely brief in terms of making it understandable and that's because of your depth of knowledge in running corporations before. And I just want to acknowledge it on the record that I've never seen the City ofMiami in better financial hands than yours. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION URGING MIAMI-DADE COUNTY ATTORNEY, ROBERT CUEVAS, TO PROVIDE TO THE CITY OF MIAMI ITS LEGAL INTERPRETATION AS TO WHAT THE CITY OF MIAMI OPTED OUT OF ON JUNE 12, 2008, [IN CHAPTER 62, SECTION 62-618, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED] AND WHAT PARTS OF THE MIAMI-DADE COUNTY SIGN CODE APPLY WITHIN THE CITY OF MIAMI; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO MIAMI-DADE COUNTY ATTORNEY, ROBERT CUEVAS. Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Carollo, Gort, Sarnoff, Suarez and Dunn II R-10-0225 Chair Sarnoff Mr. Chair. Vice Chair Carollo: Yes, Mr. Chairman. Chair Sarnoff I'd like to pass a resolution asking the County Attorney to provide to the City Attor -- to our City its legal interpretation as to what the City ofMiami opted out of whether it was August 2009 or whatever date, and what parts of the Miami Sign Code are applicable to the City ofMiami. Commissioner Suarez: Second. Vice Chair Carollo: I have a motion by Chairman Sarnoff seconded by Commissioner Suarez. City ofMiami Page 93 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Any discussion? Hearing none, all in favor, say "aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "no." Motion passes unanimously. NA.3 RESOLUTION 10-00776 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A 5/5 VOTE OF THE MEMBERS OF THE FULL CITY COMMISSION, AS IT RELATES TO ROY HARDEMON OF THE LIBERTY CITY COMMUNITY REVITALIZATION TRUST. 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-10-0252 Chair Sarnoff Okay, what else do you want to take up? Vice Chair Carollo: There you go. Commissioner Dunn: The Overtown Advisory -- let me see. Chair Sarnoff Which one's that? Commissioner Dunn: I'm lost now. It is number BC.14. Chair Sarnoff BC.14, okay. You're recognized for the record. Commissioner Dunn: I would ask for a waiver -- we -- given the fact that that has to go out and we've had some delays on that, I wanted to address an item for a waiver with the Liberty City Trust; that we ask for a waiver for Roy Hardemon to serve on that trust. Vice Chair Carollo: So move. Chair Sarnoff Wait, wait, wait. Is this the Liberty City Trust or is this the Overtown Community Oversight Board? Commissioner Dunn: I'm actually -- Pamela L. Latimore (Assistant City Clerk): Chair, let me lend some clarification on it. The Overtown Advisory Board, you're going to have to wait on the advertisement and the collection of applications for the appointments, and I think that's going to be held in September. Chair Sarnoff So we could take no action now? Ms. Latimore: Take no action on that now. Chair Sarnoff All right. Ms. Latimore: But I do need to proffer a waiver for Roy Hardemon for the Liberty City Trust. He was appointed on May 13 as a County employee. I need an employment waiver. City ofMiami Page 94 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Chair Sarnoff Oh, I see. So that's a whole different issue. Ms. Latimore: It's a whole different issue. Chair Sarnoff Okay, so -- Commissioner Dunn: But I was using the slot. I'm sorry, Mr. Chair. Chair Sarnoff No. That's all right. So you are offering a waiver for Roy Hardemon for a separate board, as described by the Clerk. And is there a motion? There's a motion by Commissioner Dunn. Is there a --? Commissioner Suarez: Second. Chair Sarnoff Second by -- Commissioner Suarez: Yeah. Chair Sarnoff -- the Vice Chair. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Anything else we could take up for you now? Commissioner Dunn: No, sir. Thank you. Chair Sarnoff Gentlemen, why don't we do this. I believe we could be -- if we get back at 4 o'clock, the longest issue will be the one you want to talk about, and then 5 o'clock will be the CRA (Community Redevelopment Agency). All right, 4 o'clock. We'll see you then. Commissioner Dunn: Thank you. Chair Sarnoff Stands in recess. NA.4 RESOLUTION 10-00769 A RESOLUTION OF THE MIAMI CITY COMMISSION RESCHEDULING THE REGULAR CITY COMMISSION MEETING OF SEPTEMBER 2010, ORIGINALLY SCHEDULED FOR SEPTEMBER 9, 2010, TO TAKE PLACE ON SEPTEMBER 16, 2010. Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0250 Chair Sarnoff Back on the record for this large audience. Everybody please keep it down to a low roar. Gentlemen, I think we have a change on the agenda -- on the Commission meeting on September 9, which happens to fall on Rosh Hashanah. And knowing the City Manager cannot be here on Rosh Hashanah, we need to change that. And I know everybody's agreed to September 16. Could I get a motion to change the meeting to -- City ofMiami Page 95 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 NA.5 10-00771 Commissioner Dunn: So moved. Chair Sarnoff All right, we got the motion by Commissioner Dunn, second by Commissioner Gort. Any discussion? Hearing none, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff All right. Carlos A. Migoya (City Manager): Thank you for respecting my -- Chair Sarnoff I respect your -- Mr. Migoya: -- religious differences. Chair Sarnoff -- religious background. "[Later...]" Chair Sarnoff Any other pocket items? Commissioner. Vice Chair Carollo: Thank you, Mr. Chairman. No, I don't have any pocket items, but I do have a couple of questions. I think you wanted to change a Commission meeting due to Rosh Hashanah, and I think we were going to discuss special budget meetings for September. Chair Sarnoff We did make the change for Rosh Hashanah while you were here -- were not here. Vice Chair Carollo: Okay. Chair Sarnoff So that's September 16 now. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE CITY OF MIAMI'S EFFORTS TO WORK WITH OTHER GOVERNMENTAL AGENCIES TO PROTECT OUR NATURAL RESOURCES IN REFERENCE TO THE GULF OF MEXICO OIL SPILL. DISCUSSED Commissioner Gort: Pocket items. Chair Sarnoff I think you had some pocket items, so Commissioner Gort, you are recognized for the record. Commissioner Gort: Mr. Manager, what efforts are we undertaking to work with other governmental bodies to protect our natural resources from an oil spill and hopefully, God willing, we don't have to use it, but are we in contact with the County and the other municipalities or --? Carlos A. Migoya (City Manager): I have to apologize, Commissioner, but I didn't hear you. Commissioner Gort: Okay. Mr. Migoya: Can you get a little closer, please? You're the most soft -- we were frying to figure City ofMiami Page 96 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 out how to get the microphones closer to you. I totally apologize. Commissioner Gort: We're going to have to do something now. What efforts are we undertaking to work with other governmental agency [sic] to -- governmental bodies to protect the natural resources from an oil spill? I mean, are we working on that? Mr. Migoya: The Fire Department has been working on that diligent -- the Fire Department emergency operations, and I believe we have our Fire people around. If we can get Chief Kemp out here or -- and give me one second; he'll give you better details. We have a lot of work that's being done on that. Commissioner Gort: I was in Miami Beach yesterday and I heard a presentation by Convention and Visitors Bureau. The new advertising that they're doing to make sure that people understand that our beaches are clear and they can come down, and this is something that has taken place in the Gulf and I think that's very important, to have that plan going. Reginald Duren: Reggie Duren, deputy chief Fire. My understanding, Commissioners, is the question regard what is the Fire -Rescue Department doing in regards to the oil spill. Basically working very closely with County EOM -- I'm sorry, OEM (Office of Emergency Management), and they're working -- aligning themselves with the Coast Guard to make sure the community is prepared. At this moment they don't anticipate us have any impact of the oil spill for at least several weeks, if it were to happen. Even if it were to hit our area -- and keep in mind, this is just projections. We haven't dealt with anything like this in this area. We're looking at potentially tar balls or a sheen or something of that effect, the thought process being that by the time the product got here, it'd be a very limited hazard. It would really simply be a risk to us and associated with the fact that, you know, we have a lot of tourists and whatnot will be in the area and concerns that way. They have teams assembled. They have volunteers. The number I got is they have about 15,000 volunteers. BP (British Petroleum) is prepared to send resources to help us in the event we had any issues with it. But right now it's still very much a wait -and -see. I'm sure you've heard that the Coast Guard has got a command assembled here in the area prepared to, you know, bring in the troops, if needed, but right now it's just a wait -and -see mode. Commissioner Gort: Good. I just want to make sure we're ready, and hopefully, it does not have to be used. Mr. Duren: Right. I think as you're seeing, we're frying to send out regular updates as we get them through Miami -Dade County. As a municipality, we work through their Office of Emergency Management to secure things. If there's any sightings, we're prepared to contact them; we have to go through the State warning point. So there's mechanisms in place. Commissioner Gort: Thank you. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes. Commissioner Dunn, you're recognized. Commissioner Dunn: Yes. Thank you. I just want to piggyback on Commissioner Gort's question. Chief, ifI may, and it probably would be to the Manager as well because of the rumors and because of the fear factor because when you see the news, it's -- and rightfully so -- the top story. And you hear about Florida now being impacted, even though it deals with the Gulf and not the Atlantic. Is there anything that -- and I believe your question, is there anything being done to dispel -- Commissioner Gort: Yeah. City ofMiami Page 97 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 NA.6 10-00772 Commissioner Dunn: -- those rumors or possible fear factor that might deter possible tourists from coming to this area? Commissioner Gort: I can answer that. The Convention and Visitors Bureau come up with some new advertising, where they go to the beach, they interview individual and ask them how -- is [sic] they having a good time, they enjoying Miami Beach, or whatever beach they're at, and it shows the date and the time that the film was taken, so that is being done by them. So that is being done. Commissioner Dunn: Mr. Chair. Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff I'm sorry. You're recognized. Commissioner Suarez: I actually just -- Commissioner Gort: (UNINTELLIGIBLE). Commissioner Suarez: -- came back from the Greater Miami Visitors and Conventions Bureau meeting, and they have similar to what the Commissioner was saying. They actually have a high -definition camera that has streaming video right now running so that if people go on their Web site, they can see that there is no -- I mean, the people don't have the impression that the oil is just like washing up on our shores or anything like that. So it's -- it gives a live, high -definition streaming video that they can see people enjoying the beach and -- you know, that's one of the things that they just mentioned in their presentation. Chair Sarnoff You know, this may be sad, but the -- one man's burden is another man's benefit. And the west coast of Florida is feeling the burden of this, but the benefit is happening to the east coast of Florida. I think we're at record levels right now, and people see it as -- that it is the place to be right now. And I don't wish anything bad on the west coast of Florida, but you're reaping -- I think we're reaping some of the benefits of the fact that people who might have gone west are now heading east. And I think, I don't know, GMCVB (Greater Miami Convention and Visitors Bureau) is about as good as it gets in terms of getting out the word, so -- Commissioner Gort: Okay. DISCUSSION ITEM BRIEF DISCUSSION BY COMMISSIONER GORT REGARDING THE CITY OF MIAMI'S LIABILITY IN REFERENCE TO THE PORT OF MIAMI TUNNEL. DISCUSSED Chair Sarnoff All right, you had a second pocket item. Commissioner Gort: In looking at the -- since tomorrow is going to be the opening of the construction of the tunnel that we're invited to go, one of the questions I'm going to ask is since we are participants, small scale, but what is the liability of the City ofMiami? How are we being protected? Julie O. Bru (City Attorney): I know that -- Commissioner Gort: Veronica's working on it. City ofMiami Page 98 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 Ms. Bru: (INAUDIBLE), and I can give you an answer (INAUDIBLE). Veronica Xiques (Assistant City Attorney): Commissioner, the master agreement between the City, FDOT (Florida Department of Transportation), and the County -- it's a three party agreement -- it does not provide for either FDOT or the County to have any kind of insurance that would indemnify the City or hold it harmless in the event of any damages. The concessionaire, while it is not involved in that agreement, does have insurance and that insurance protects FDOT as an additional insured and US (United States) Department of Transportation. It does not name the City or the County as an additional insured. However, in reaching these agreements, I believe that at the time they were negotiating them, they weighed the likelihood of the City actually being liable since the City's not involved in the day-to-day operations of the tunnel, of the construction. And the Administration at the time found that it was acceptable to execute the agreements as they were presented to them. However, that does not mean that your question is not answered in the affirmative. There is no -- well, actually, in the negative. There is no insurance that protects the City. Commissioner Gort: The ownership of the land, is it the State or the City? Ms. Xiques: The City owns the land. Commissioner Gort: The City owns the land? Ms. Xiques: Yes. Commissioner Gort: So if anything happens in there, we're liable? Chair Sarnoff Well, actually, that's not true. Commissioner Gort: I mean, I'm not an attorney. Chair Sarnoff No. Actually, when you turn over full control to a tenant and that tenant has -- exercises dominion and control on the property, the land owner is absolved of all liabilities while that tenant habits the property. So you know, we would seek indemnity or look to get indemnity from the person in control of the property, which is the consortium. The consortium -- Ms. Xiques: The concessionaire -- right. Chair Sarnoff -- has -- right. Ms. Xiques: The con -- Chair Sarnoff I mean, I just looked at this law yesterday actually for you, so it's still good law. It's still the law of the land in the state of Florida. Should we have put an indemnity agreement, I think we tried to negotiate one. I don't think we were successful, but the state of the law is in our favor, and once we turn over -- we're not in any way participating -- Ms. Xiques: We are not. Chair Sarnoff -- in the construction. Ms. Xiques: No. Chair Sarnoff So we are actually giving over our land to a third party who -- Ms. Xiques: Correct. City ofMiami Page 99 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 NA.7 10-00770 Chair Sarnoff -- is occupying the land, who is actively excavating and doing all the other incendiary things you would do with building a tunnel, not that I know. And once you relieve yourself of dominion and control, it then becomes the tenant's in possessions obligations, so you can feel comfortable that way. Commissioner Gort: Okay. If anything happens, I go to him then. Chair Sarnoff Yeah, just call me. Commissioner Gort: All right. Thank you. Ms. Xiques: You're welcome. Chair Sarnoff All right. Commissioner Gort: That's it. DISCUSSION ITEM BRIEF DISCUSSION REGARDING THE FY2011 BUDGET HEARING DATES SCHEDULED FOR SEPTEMBER 2010. DISCUSSED Chair Sarnoff Special budget meetings were called by the Mayor. That I know of I saw one memo for September 14? Vice Chair Carollo: One for the 14th and one for the 27th. Commissioner Gort: Twenty-seventh. Carlos A. Migoya (City Manager): That's correct. Vice Chair Carollo: The only question I had, why at 5 p.m.? Why not earlier on that day? If we start at 5 p.m. we're going to be here till 2, 3, 4 in the morning. Julie O. Bru (City Attorney): That's by state law; you've got to start at 5. Vice Chair Carollo: You have to --? Ms. Bru: You can't start any earlier than 5. Pamela L. Latimore (Assistant City Clerk): And for the record, they're not special meetings. Ms. Bru: Yeah. Ms. Latimore: They're just the budget hearings. Ms. Bru: Well, let me just clarify something. I know the Mayor sent out a memo indicating that that -- those are the dates that he is, you know, requesting. When you adopt your frim resolution sometime in July, you actually formally set the budget hearing dates, and I assume that you're going to go along with the Mayor's preference, which are those dates that he indicated in that memo. But at that time is when you will formally set the budget hearing dates. Vice Chair Carollo: Okay. And the reason I'm saying 'cause it clearly states here "special City ofMiami Page 100 Printed on 7/6/2010 City Commission Meeting Minutes June 10, 2010 budget meeting." Ms. Latimore: It's not a special budget meeting. It's the budget. Vice Chair Carollo: It's a budget meeting? Ms. Latimore: Yeah. Vice Chair Carollo: And there's two of them. And why does it have to start at 5 p.m. -- Ms. Bru: It's -- Vice Chair Carollo: -- or 5: 01 ? Ms. Latimore: State law. Ms. Bru: -- a state law. Chair Sarnoff That -- Ms. Bru: I think the intent of the law is to afford people who work an opportunity to attend the meeting and be able to participate. Mr. Migoya: We'll provide breakfast at 6 o'clock in the morning for you. Chair Sarnoff What about the bike ride? Why don't we go for the bike ride? Mr. Migoya: Yeah, that'll be an issue that day. Vice Chair Carollo: Thank you, Mr. Chairman. A motion was made by Commissioner Carollo, seconded by Commissioner Dunn, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 101 Printed on 7/6/2010