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HomeMy WebLinkAboutCC 2010-09-14 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Tuesday, September 14, 2010 9:00 AM SPECIAL MEETING 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 September 14, 2010 9: 00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 14th day of September 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 special session. The meeting was called to order by Chair Sarnoff at 9:42 a.m., recessed at 12: 06p.m., reconvened at 5: 04 p.m., and adjourned at 5:16p.m. Note for the record: Commissioner Dunn entered the chambers at 9: 43 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnoff. September 14, 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Frank Carollo, the Vice Chair, Francis Suarez, W fredo Gort, Reverend Richard P. Dunn, and myself, Marc David Sarnoff, the Chairman. Also on the dais are the Manager, Carlos A. Migoya; Julie O. Bru, the City Attorney; Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Suarez and the pledge of allegiance by the Vice Chair. Invocation and pledge of allegiance delivered. ORDER OF THE DAY Chair Sarnoff. We will now begin the special meeting. The City Attorney will state the procedures to be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Manager, Madam City Clerk and Mayor. The material for the items on the agenda that will be heard today is available during business hours at the City Clerk's office and online at www.miamigov.com. If anybody wishes to appeal any decision that's made by the City Commission for any matter that's considered at this meeting, if appealable, they may need a verbatim record of the item. No cell phones or other noise -making devices are allowed in the chambers. Please silence them now. And if anybody becomes unruly, you'll be barred from attending these meetings any further. Any person with a disability that requires auxiliary from the City, please notify the City Clerk. Thank you very much. Chair Sarnoff. All right. Madam City Clerk, do we need to take up any business with you? Priscilla A. Thompson (City Clerk): No, sir, you do not. Chair Sarnoff. Okay. City ofMiami Page 2 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 ORDINANCES -FIRST READING SP.1 ORDINANCE First Reading 10-00990 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY AMENDING SECTIONS 22-1, 22-2, 22-6, 22-12, 22-14, 22-25, 22-46, 22-47, 22-48, 22-49, 22-50, 22-53, 22-56, AND 22-57; CREATING SECTIONS 22-19, 22-20, AND 22-21, REQUIRING RECYCLING PROGRAMS FOR MULTI -FAMILY AND COMMERCIAL ESTABLISHMENTS AND ALLOWING MODIFIED RECYCLING PROGRAMS; FURTHER AMENDING CHAPTER 2/ARTICLE X/SECTION 2-829 OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO INCLUDE CIVIL PENALTIES CORRESPONDING TO VIOLATIONS OF SECTIONS 22-19 AND 22-20, AS CREATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-00990 SUMMARY FORM.pdf 10-00990 EDUCATIONAL TRUST FUND.pdf 10-00990 APPLICATIONS BY SOLID WASTE EMPLOYEES.pdf 10-00990 LEGISLATION. pdf 10-00990 SR Summary Form.pdf 10-00990 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Noes: 1 - Commissioner(s) Suarez Chair Sarnoff All right. Why don't we go back to the -- Is there anything else you need to take out of order, Mr. Manager? Carlos A. Migoya (City Manager): Not from my end. Chair Sarnoff Then let's just proceed, if we could, on SP.1. Keith Carswell: Mr. Chair, Commissioners, Keith Carswell, assistant director, Solid Waste. What you have before you in SP.1 is several amendments to the code as it relates to primarily commercial hauling. Some of the highlights include the implementation of a safety inspection program for commercial hauling vehicles that's expected to generate revenue in excess of 100,000 annually to the City. Also, we're implementing a mandatory recycling program for multifamily commercial establishments. This is actually mandated on municipalities through the County, and so we're actually including the language in our code and we will also be providing for the enforcement, which we expect to generate somewhere approximately about 50,000 a year in additional revenues to the City. Chair Sarnoff All right. This is an ordinance. Is there anyone from the general public wishing to be heard on SP.1, which is garbage and other solid waste issues? Anyone from the general public wishing to be heard? Hearing none, seeing none, the public hearing is closed; coming back to the Commission. Can we at least take a motion? City of Miami Page 3 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes. You're recognized. Commissioner Dunn: I'd like to move on this item -- Chair Sarnoff All right. Commissioner Dunn -- Commissioner Dunn: -- for discussion. Chair Sarnoff -- has made a motion. Is there a second? Vice Chair Carollo: Second for discussion. Chair Sarnoff Second by the Vice Chair. Mr. Vice Chair, you are recognized. Vice Chair Carollo: I think Commissioner Dunn asked -- Commissioner Dunn: Well, I'll yield. Vice Chair Carollo: Well, I had a few questions on this. First of all, SP.1, I see the fiscal impact is stated as 150, 000. However, it's my interpretation that according to the fiscal strategies, it should be a lot more. Do you -- can you reconcile the two amounts? Mr. Carswell: Well, for example, in not trying to be overzealous, we believe that the safety inspection fee will generate somewhere closer to 200, 000. Currently right now, if you look at the franchisees that we have, we have about 15 franchisees. Through the RFQ (Request for Qualifications), which is still under a cone of silence, we have about 22 franchisees or potential franchisees that you'll be considering. The current franchisees that we have have about 500 vehicles. So 500 vehicles plus $500 per vehicle, the number will get us closer to 200. However, because we don't have the exact number at this particular point in time because we have new franchisees coming along, we tried to be conservative in the estimate in the number. Vice Chair Carollo: I understand that, but I want to be able to tie this back to the fiscal strategies. Supposedly we were going to be voting on some of the physical [sic] strategies that was much more than 150, 000. I don't know if this is the item on the agenda or not. Carlos A. Migoya (City Manager): The numbers -- the way we estimated, it's 500 trucks at $500 each, that's $250,000. Mr. Carswell: Correct. Mr. Migoya: The $25 fee is based on all the accounts. Mr. Carswell: Oh, the -- Vice Chair Carollo: So -- and I'm seeing where you're going with this, Mr. Manager. So in total, it's actually 1.5 million, and I could show you where I'm getting that figure from. Mr. Migoya: Well -- Vice Chair Carollo: I could show you if you'd like. Mr. Migoya: I know but the one -- the thing -- in that $1.5 million, Mr. Commissioner, there's some -- there's also the 22 -- which is 24 percent, which is not being voted on, which is $900,000. City of Miami Page 4 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 So that's -- that number is not in that number to be precise. But I can -- would be happy to go through what -- specifically what the three that you're voting on right now, what they are. And not included in that number is the 900,000 from the information that we gave you, which is the one that, by ordinance, we passed last year at the 24 percent of revenue -- Mr. Carswell: Correct. That's -- Mr. Migoya: -- and we're only doing 22 percent. So you're showing -- of that million five is only -- I believe $900,000 is the number that should be netted out of that, so the difference should be approximately $600,000. Mr. Carswell: Actually, it's 970, 000. That represents a -- Mr. Migoya: Right. Mr. Carswell: -- 2 percent increase in the commercial -- in the franchise fees that the commercial haulers will pay. However, we didn't include it as part of this discussion because that was something that, as the Manager indicated, was approved last year. Also, the $25 increase in the per account fee, that was something that was approved by this Commission last year, so that would represent an additional increase of around $300,000. Mr. Migoya: Right. Mr. Carswell: So -- Mr. Migoya: So the two things that we're voting on today, I believe, Keith, is the $500 fee -- Mr. Carswell: Correct. The only thing that we're voting on today is the safety inspection fee, which is $500 per vehicle, and also the implementation of the multi -- of the commercial recycling, which is estimated at around $50,000 in additional revenues. Vice Chair Carollo: For a total amount of 150? Mr. Carswell: Correct. Vice Chair Carollo: Gotcha. Okay, so I under -- I see what you're doing. Mr. Migoya: Yeah. That -- I apologize 'cause we gave you all the different exercises. Vice Chair Carollo: You grouped it into one amount. Mr. Migoya: Yeah. I apologize for giving you -- Vice Chair Carollo: I understand. Mr. Migoya: -- all that information and not detailing it for you. Vice Chair Carollo: I understand. Another question. Should this pass, are you planning on having some type of educational strategy or so forth? Because I know in my district there's a lot of multifamily homes that, you know, will now be required, due to the County ordinance -- I believe it's 11837 -- to have a recycling program. So is there some type of educational program or strategy that will be implemented so they don't get fined and not know what's going on and so forth? Mr. Carswell: We're going to utilize Channel 77 as well as working through our NET City of Miami Page 5 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 (Neighborhood Enhancement Team) offices to get the word out to the residents about the recycling program. Mr. Migoya: And we're going plan to use that as part of the increase on the regular residential fee, as we'll discuss later. Vice Chair Carollo: Okay. I have no further questions for right now. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: Now help me out in this. This ordinance -- this amendment to the ordinance will allow not only for the children of the employees to receive a scholarship, but now will allow the employees to assess how much that fund -- how -- is --? Mr. Carswell: Correct. Probably about over a decade ago a trust fund was established for the children of the Solid Waste Department to provide for scholarships, and the ordinance -- and the legislation provided that any interest in excess of $1 million will be able to be distributed in the form of scholarships to children of the Solid Waste Department. Right now it's about a million three -- Commissioner Dunn: I think -- yeah. Mr. Carswell: -- that's available in that account. We're amending the code to include employees of the Solid Waste Department as well. To provide for -- for example, if somebody wants to go to college or get an associate's degree or even a CDL (Commercial Driver's License) license. So it provides upward mobility opportunities for those individuals. So those are some amendments that are in the -- as part of this process as well. Commissioner Dunn: Now what about as it relates to the franchise commercial fee. I believe it was about, what, $8,000 or something? Mr. Carswell: Well, there are several fee structures associated with the commercial hauling. There is something called an annual permit fee where someone -- let's say Waste Management, they paid the City -- last year it was $7,500 just for the right in order to provide commercial hauling. As of October 1, it will be -- $8,000 will be the annual permit fee. Then you have some people who just provide roll -offs at construction sites. Last year they paid $3,500; this year it'll be $4,000 just for the right in order to provide that type of commercial service. Chair Sarnoff Commissioner Gort. Commissioner Gort: Let me ask a question. Maybe I misunderstood my reading. My understanding is it's all to do with commercial inspections of the commercial Solid Waste Department. How does it affect the residential? I mean -- Chair Sarnoff I have the same question you do. Commissioner Gort: I didn't -- Commissioner Carollo had the question that the residents were going to be affected. Mr. Migoya: The residents are not affected -- Commissioner Dunn: No. City of Miami Page 6 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Mr. Migoya: -- with this. Vice Chair Carollo: Well, that's not necessarily true, Mr. Manager, because you're talking multifamily residential homes. Mr. Migoya: Right. Vice Chair Carollo: So if the owner gets fined or has to implement this program, there's going to be a cost associated with that that could actually, you know, then pass it on to the residential homeowner, so there is a possibility that -- Mr. Carswell: Let me -- Vice Chair Carollo: -- they are impacted. Mr. Carswell: -- clam. Currently we provide recycling for single-family homes. Any unit that is three or less units is an account that we service. This applies to units that are four or more units, which could be a condominium association, which could be a four- or five -unit townhouse establishment, which could be a strip mall center. So it doesn't apply to the -- it applies to the residents, but it doesn't apply to single-family households, if you will. And so through Channel 77, through working through the NET office, we will make the information available in terms of the recycling program. How this primarily impacts is the commercial haulers that will be providing a service to the residents. So we will have an orientation for the commercial haulers advising them of the new ordinance and they're the ones that service those accounts. Commissioner Gort: Well -- and find out -- we have to make sure besides all the things we doing that they inform their people with a letter informing them of the changes that might take place. 'Cause it's -- within his district or my district there's a lot offour-apartment buildings. (UNINTELLIGIBLE) district too. Okay, thank you. Commissioner Dunn: Mr. Chair. Chair Sarnoff. Sure. You're recognized, Commissioner Dunn. Commissioner Dunn: Now the other part of this ordinance, it will also seek to penalize someone who might be caught picking up commercial waste without a permit? Mr. Carswell: Well, that's one of the things that we're revisiting. Right now, the -- if someone is operating illegally, they only pay a $79 fine. And we are trying to see if we can increase that to something that's a little more commensurate with the permit that someone pays for $8,000 or $4, 000. Commissioner Dunn: I've got a suggestion. We need to propose $10,000 to create a deterrent. Mr. Carswell: I don't -- Julie O. Bru (City Attorney): We're working with the Department on that. But I think as we have previously discussed when it comes to violation of our code, there's two ways to enforce them. We can go through our general penalties provision, which provide for civil penalties not to exceed $500 -- Mr. Carswell: Five hundred dollars. Ms. Bru: -- or, you know, criminally prosecute the violator by 60 days in jail. We could go through the Chapter 162, which is the state -enabling statute that allows us to do a code City of Miami Page 7 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 enforcement process, and there it would be a $500 fine, or if we go through the actual full-fledged notice and ability to cure and code enforcement proceeding, you have a $250 per diem unless you do a four fifth, and it raises it to, I think, a thousand dollars a day. So we're talking to the Department about that, but $10, 000, there doesn't seem to be any authority for that. Commissioner Dunn: All right. Chair Sarnofff. All right. Mr. Manager, I obviously completely don't understand this, so let me give you what my base understanding is really from the Vice Chair's question. Apparently the County passed by Ordinance 11837 a requirement that multifamily units now recycle, and that was done this year, I take it? Vice Chair Carollo: 1991. Mr. Carswell: Correct. Chair Sarnofff. 1991, all right. So apparently that ordinance applies to us or does not apply to us? Mr. Carswell: It applies to all municipalities in Dade County. Chair Sarnofff. Okay. So apparently we have not, since 1991, enforced an ordinance from the County that required multifamily units to recycle? Mr. Carswell: I would say yes. There was a grace period initially, but yes. And the County had approached us a little over a year ago in an effort to sign an interlocal agreement that will provide -- that would allow them to have enforcement of the ordinance in the City. Chair Sarnofff. All right. And is that the way we're proceeding, where we're going to allow --? Mr. Carswell: No, we're not. We're going to provide for enforcement -- Chair Sarnofff. Okay. Mr. Carswell: -- and we're going to include the ordinance as part of our code. That is what this would -- Chair Sarnofff. All right, so the past being the past, and us, I surmise, being completely outside of our grace period, we're now going to impose upon, at least in my district, 27,000 units the requirement -- and I'm not saying that's bad 'cause I think they should be recycling -- a requirement of recycling. Do we have a program implemented as to how they're going to recycle or is that something left to the discretion of the homeowners association or the unit building or how should I describe that? Mr. Carswell: It will be a process where we work with the commercial haulers who are the ones that are servicing the accounts. We could -- we -- this provides for a modified program where, for example, if they set up a separate bin to provide for newspapers or bottles, and then the commercial hauler would actually be the person to remove that particular bin. So you will have garbage, which is food and waste, and then you would have something for the recycling, which could be bottles, plastics, newspapers, aluminum, or what have you. Chair Sarnofff. So on an administrative level, Mr. Manager, you then would get together with each commercial hauler or you'd create an APM (Administrative Policy Manual) or some sort of directive that would segregate recyclable material from non -recyclable material, require that City of Miami Page 8 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 commercial hauler to remove the recycle material so that it remains segregated from the non -recyclable material and make sure that it goes to a proper recycling resource center? Mr. Migoya: We're going to have to deal with each commercial hauler individually to make sure that they are adhering to the law. Chair Sarnoff Okay. Well, does anything come back to this Commission for the --? Is this it? This is the ordinance that then establishes -- Mr. Migoya: Well, this is the ordinance as far as dealing with the fees and so forth, but we will come up with a process on how to deal with commercial haulers, and we are more than glad to come back to you and report how we're going to deal with them sometime in the near future. Mr. Carswell: Because currently we're under the cone of silence. We've already gone through the RFQ (Request for Qualifications) process. Once -- the award is going to be within the next -- end of this month for the franchisees. Once they're awarded, the franchise, we're going to have an orientation with all the franchisees to not only make them aware of the recycling program but also the new processes that we're implementing as it relates to commercial hauling. Chair Sarnoff Are you going to rely upon the commercial hauler to educate the building? I mean, this impacts in my neighborhood about 40,000 residents. Mr. Carswell: Again -- Chair Sarnoff And I may be underestimating. It could be 60,000. And you know, all the high-rises that you're seeing up in the City of Miami, I'm going to surmise have not been recycling because they weren't required to. Maybe some are voluntarily doing it, I don't know, but I think the Vice Chair comes up with -- and Commissioner Gort come up with some good ideas, which is like how do these people know. And in the less affluent neighborhoods, your issues are slightly different, but nonetheless just as profound, maybe more profound -- Commissioner Dunn: Yeah. Chair Sarnoff -- because they may not have the resources. And while you may have a strategy how to create penalties, I don't think anybody up here wants to see penalties; they want to see compliance. Mr. Carswell: The implementation would involve, Mr. Chair, working with the commercial haulers, again, 'cause they're their accounts and they're -- they're your constituents and they're their accounts. And we will work with them to get the word out. Also, we'll be working through Channel 77, which is providing the information, as well through -- as well as through the NET offices to get the word out about the program. Chair Sarnoff It -- sorry. Let me -- last thing, and I'll yield. I got to believe it's -- you know, I sort of know my district. I know Brickell. They have all of these, you know -- I'll speak from my perspective -- nice entranceways, and when they did the surveying for the federal government, the census, they had a good census brochure when you first walked in the building. It seems to me when people are about to pay a different kind of -- I surmise it's going to cost them some money, and I'm not saying I don't support it for that. I support it because I think we should recycle, but there's got to be an education process. I just don't want to see somebody get penalized because they just said, you know, that law was passed in '91; the City's never implemented it, why should I get penalized? Mr. Migoya: We will -- again, we will work with the commercial haulers and try to figure out how to best educate all the different buildings, all the high-rises, and all the multifamily unit City of Miami Page 9 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 buildings to make sure that they comply with the law. Chair Sarnoff. Commissioner Gort. Commissioner Gort: My suggestion is create a grace period of at least three to four month [sic] or six month [sic]. At the same time, Channel 77 is very good, butl can tell you not too many residents really look at it. And the NET office, I can tell you a lot of the messages that we try to do to the NET office really does not get to everyone. So somehow -- and we do -- in our neighborhoods we have a lot of the four-story -- I mean, four -apartments buildings, which is very low-income people that live in it. So we got to make sure that the message is -- gets to (UNINTELLIGIBLE). At the same time, if they -- the hauler (UNINTELLIGIBLE) have two separates. Is that going to be an additional cost to the people and so on for the services? So whenever you sit down with them, let's see what we can work out on that. Mr. Carswell: We will. Chair Sarnoff. Anyone else? Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. Part of the problem that I have with some of these items that we are going to be voting on today is that I may be -- I may like some portions of it and not like others, and so unfortunately it's voted on as a whole, so I can't -- I don't get the right to pick and choose the parts of it that I like andl don't like. For example, I like the educational trust fund. Obviously, that's a positive thing for our community. Andl like recycling. I share the Vice Chairman's concern about, you know, some of the buildings in my district and their ability to comply with this requirement, and the fines for some of these buildings are -- can be quite hefty and there's no limitation on them, for example, being fined once a year. They could be fined once a month. They could be fined once a week. They could be fined once a day for not complying with this program, so that's a concern that I have. You know, you're increasing the franchise fee from 7,500 to 8,000 and you're setting a per vehicle fee. Is there any limitation on what --? Let me ask you this question. Is there any limitation on what the haulers, the franchise -- the franchisees can charge the residents of the City ofMiami? Mr. Carswell: Just a clarification. We're not proposing any increase in fees. We're proposing an additional fee of -- for the safety inspection fee. This body last year approved the increase in the per -- I think in the franchise fee goingfrom 22 percent to 24 percent of gross receipts. Also the increase in the annual permit fee goingfrom 7,500 to 8,000, that was approved last year; the specialty waste hauling fee goingfrom 3,500 to 4,000. So those are already set. And what you have before you is the -- only the additional fees associated with the recycling program, which is mandated on all municipalities by the County within their fee structure. We can't charge less, as mandated by the County, and also, the safety inspection fee, which is something that based on the scope of work that's being provided, plus we're going to -- that includes labeling or putting -- placing decals on all the equipment that's in service, we think is a reasonable cost associated with that. So there are no -- Commissioner Suarez: Right. Mr. Carswell: -- other than the safety inspection fee and the implementation of the commercial recycling, which includes fees mandated by the County, we're not proposing any fee increases. Commissioner Suarez: So you're saying, first of all, that the fee structure that you've incorporated into this ordinance is the exact same fee structure that the County requires you to adopt? Mr. Carswell: Yes. City ofMiami Page 10 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Suarez: Okay. And the $500 per vehicle fee, inspection fee, is there any corresponding limitation on what the commercial haulers can charge the residents of the City of Miami? In other words, if you're running a business and your cost of doing business has increased by $500 per vehicle, ifI have 500 vehicles, all I'm going to do is I'm going to increase my fee to offset that additional cost. Is there any limitation on -- Mr. Carswell: The only -- Commissioner Suarez: -- their fees? Mr. Carswell: In terms of limitation on fees, the only limitation that we place is on the per account fee, which is $75, and the commercial haulers can't pass more than half that cost onto their client. Now again, let's back up a moment. The franchises that we're talking about are nonexclusive franchises. So in other words, if you have, let's say, Franchise A who's charging an exorbitant amount, then the client or the customer can test the market among the licensed franchisees and just take their business elsewhere. Commissioner Suarez: So there's competition? Mr. Carswell: So there's competition. It's a closed competition -- Commissioner Suarez: Right. Mr. Carswell: -- but there's competition. So if someone is charging an exorbitant amount, they can lose that account. Commissioner Gort: Yeah. Commissioner Suarez: How many haulers do we have right now that are licensed? Mr. Carswell: Well, we have 15, and we have about 22 that have responded to the RFQ. Commissioner Suarez: By the way, I also agree with Commissioner Dunn's idea of increasing the fee for the ones that are not licensed that are operating in the City ofMiami, so I -- you have my full support on that. I'm just concerned -- my basic concern is that -- whether, you know, these 15 companies actually compete with each other or not, that this ultimate fee is going to in some way, shape or another be passed on to the residents of the City ofMiami if there's no limitation. That's my big concern so -- Chair Sarnoff. All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. Vice Chair is recognized. Vice Chair Carollo: And one last thing. What I'm hearing from the Administration is that there is a County ordinance, as I mentioned, that establishes a program for multifamily recycling and the enforcement thereof. Andl think what I'm hearing is if we don't implement this, the County will and then the enforcement will be done by the County. So either the County does it or we do it. I -- is that what I'm hearing? Mr. Carswell: Yes. And Commissioner, I may add that they actually cited over 70 cases within the City ofMiami that they provided copies of -- to us. So the question becomes whether or not we enforce it or they enforce it. City ofMiami Page 11 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Vice Chair Carollo: Right. And the only thing is that, you know, what I said from the beginning. We need to do an aggressive educational, you know, program strategy in order to let all these multifamily residential units know. Mr. Carswell: I heard a three- to four -month moratorium prior to implementation. We'll work with the commercial haulers. We'll work through our NET office. We'll work through -- with Channel 77 to get the word out. Vice Chair Carollo: And make -- please make sure that Code Enforcement also knows this. Mr. Carswell: Yes, they are. Chair Sarnoff All right. Anyone else? Madam City Attorney, it is an ordinance. Priscilla A. Thompson (City Clerk): It's been moved and second. Chair Sarnoff There's been a motion by Commissioner -- Ms. Thompson: Dunn. Chair Sarnoff -- Dunn andl believe it was seconded by the Vice Chair. Ms. Thompson: Correct. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sam off.? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 4-1. SP.2 ORDINANCE First Reading 10-01002 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT;" CHAPTER 22.5/ARTICLE VI, ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND City of Miami Page 12 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 AIRBORNE DUST GENERATION CONTROL; CHAPTER 29 ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" AND CHAPTER 54 ENTITLED "STREETS AND SIDEWALKS", IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, WATERFRONT IMPROVEMENTS AND RIGHT-OF-WAY PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01002 SUMMARY FORM.pdf 10-01002 Legislation.pdf 10-01002-Submittal-Right-of-Way Permit Fees and Proposed Changes.pdf 10-01002 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez Chair Sarnofff. All right, SP. 2. Nzeribe Ihekwaba (Director, Public Works): SP. 2 is an ordinance amending several sections of the City Code, specifically Chapter 2/Article IV/Division 4, entitled Public Works Departments [sic]; 'Chapter 22.5/Article VI, entitled Green Initiative/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Improvements; 'Chapter 29, entitled Landfills and Waterfront Improvements,'and Chapter 54, entitled Streets and Sidewalks,'fn order to increase certain fees. Currently, the fees charged by Public Works do not cover the actual cost of City staff in performing these tasks. The proposed amendments to the City Code will increase the fees nominally in order to more effectively cover the associated costs. The question is who pays Public Works permit fees. Typically, these are paid by utility contractors, developers, professional consultants, and also by residents. Majority are usually paid by utility contractors, developers, as well as professional consultants. I -- we -- Public Works had carried out an in-house permit fee analysis in comparison with Miami -Dade County as well as several municipalities, and we do have copies for your review. As you can see in the spreadsheet that has just been distributed, beginning from the top, a specific task that Public Works routinely carries out is dry run review of construction plans, which are mainly submitted by design consultants, developers, and utilities contractors. Historically, the City has not charged for this task and the County and all municipalities have been charging for these fees and this has taken tremendous amount of time and resources from City staff in performing this task. In the spirit of the green initiative as initiated in Chapter 22.5, Public Works is proposing to maintain a zero dollar fee for trees that has to be planted or relocated. However, if you look to the spreadsheets, the County, as well as other municipalities, charge tremendous amounts of money for that task. Across-the-board, the Department is proposing only a 15 percent average across-the-board adjustment of the fees. When we look across-the-board of all the municipalities and the County, the City's fees are continuously and historically has been below average, below all the municipalities, and we are proposing only 15 percent adjustment. Some of them are only $10, whereas the corresponding municipalities charging tens and fifties of dollars. Currently, most developers and the utility contractors do not pay any fees in order to temporarily discharge construction runoff from the construction zone. These are some of the reasons why our storm drains keep clogging up and we keep getting calls from the Commissioners' district offices to go clean them up. The County, through DERM (Department of Environmental Resources Management), has been charging a tremendous amount offees for this task. The City has never charged any fee for this. In other words, we've been dipping inside the City pockets in order to clean the drains. So what the Public Works is proposing is to adopt the same level offees that the County charges, especially for the developers and utility contractors that violates or do not comply specifically with the national pollutant discharge elimination, NPDS permit requirements. Additional fees are being proposed by Public Works, and this has to do City of Miami Page 13 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 specifically for, like I just said, temporary dewatering, as well as for dry run reviews. However, I've color -coded some of my numbers in the spreadsheets. The yellow applies to fees that typically are being requested for services by contractors and utility companies. Residents normally go for the little items, such as sidewalk repairs, paving, building line and grade, as well as for news racks. Those fees are low and we do not want to increase them significantly. That was why we adopted a minimal of 15 percent adjustments. Any question? Chair Sarnoff All right. Let me open up a public hearing. Anyone wishing to be heard on SP.2, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I was doing for the green before it was politically correct being green. Now everybody's green, green, green, green. But some people, the only thing they want is the green of the dollar bills. That's what they want. You know you see that. I am a member of (UNINTELLIGIBLE) Green Peace, Make America Green, Sierra Club, Audubon Society, (UNINTET,TIGIBT,F), all that. But I -- we need the tree canopy. People don't realize how much a tree next to the house serve -- save them in air condition fees, a lot of money. I love when I was working Coral Gables, Coconut Grove walking there through the street, the tree canopy. The only place I get some sun was at the intersection. Everything nice canopy tree. And you need those trees to keep the soil. If you don't have trees, you got erosion, all that. Not only that, you get to -- everything. I am -- study electrical engineering. I earn a degree in etymology, the study of insects. I was a certified pest control for many years. And you know, at my house I don't use any chemicals andl keep it free of roaches. I use IPS, integrated pest management. You don't keep any food sources for the roaches inside the house, you don't have to use chemicals. 'Cause those chemicals, the cumulative effect of them -- 'cause people were using methylbromide, now vikane and those things. Those things kill you, little by little. I went to see three of my friends at the hospital with cardiac arrhythmia produced by the chemicals. People spray here. No, do not spray. So that's -- go green. It's a lot of things in going green. It's not only the trees. It's environment. And we need more green, not just the green dollars 'cause the thing is pay now -- I remember places I went to work and the first thing they do is cut all the trees. No. Chair Sarnoff In conclusion. Mr. Cruz: In conclusion, go green. Commissioner Gort: Mr. Chairman. Chair Sarnoff I think I've heard it all now. You're recognized for the record, Commissioner Gort. Commissioner Gort: Could you explain to me what dewatering is? Mr. Ihekwaba: Dewatering is essentially the discharge of construction water from construction zones, or it could also mean groundwater that's coming from excavation pits, which oftentimes is allowed to run into the storm drains, which is a violation of the NPDS permits. Commissioner Gort: Andl have a question and maybe this is not related to this, but maybe it's food for thought. We have a lot of our neighborhoods that unfortunate -- and following Mr. Cruz comments that the -- they don't like to see grass and they have a lot of cement. I'd like to see if we can come up with some kind of plan that we can maybe drill some hole or something so the water can go through. Andl agree; I think we need more trees. I need it in my neighborhood. Chair Sarnoff Let me just close the public hearing. Is anybody else in the public wishing to be heard on SP.2 -- SP.3, excuse me, please -- no, SP.2 -- please step up. All right. I'm going to close the public hearing; coming back to the Commission. Is there a motion? Motion by -- City of Miami Page 14 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Dunn: Mr. Chair, so moved. Chair Sarnoff -- Commissioner Dunn, second -- Vice Chair Carollo: I'll second it for discussion. Chair Sarnoff -- by Commissioner -- I'm sorry, Vice Chair. Vice Chair is recognized for the record. Vice Chair Carollo: Thank you. I just want to ver 'cause we just received this information and what you're saying is that in some of the proposed fees that we are going to charge, some other county or municipality are actually not even charging at all. Is that correct? Mr. Ihekwaba: We are unable to verin, their level offees. Vice Chair Carollo: I'm sorry? Mr. Ihekwaba: We're unable to obtain information on those line items that are blank. Vice Chair Carollo: So what you're saying is not necessarily that they don't charge; you weren't able to obtain information? Mr. Ihekwaba: We were unable to obtain information. That's correct. Vice Chair Carollo: Could that be because they don't have that type of fee? Mr. Ihekwaba: For your information, city of Hialeah was unable to give us any information unless we go through the City Clerk's Office, which we did, and up until yesterday, nothing came out of it. Vice Chair Carollo: And second question, what's the fiscal impact of this? Mr. Ihekwaba: I think we calculated on average that we could generate additional $250,000. Vice Chair Carollo: That's consistent with what I have. Mr. Ihekwaba: Again, that depends if we can sustain -- if this level of construction activity is maintained. Vice Chair Carollo: Right. But it seems like some of these -- it's not necessarily the level of construction; it's actually residents. Mr. Ihekwaba: Yeah. The minor items are typically requested by residents. That's correct. Vice Chair Carollo: So out of those -- what'd you say, 250,000 -- Mr. Ihekwaba: Thousand. Vice Chair Carollo: -- more or less? Out of those 250, how much is that coming from residents? Mr. Ihekwaba: I don't have that -- Vice Chair Carollo: Or residential -- City of Miami Page 15 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Mr. Ihekwaba: -- statistic. Vice Chair Carollo: -- units? Mr. Ihekwaba: I don't have that statistic, but I believe majority of the permit fees come from utility companies, such as Water & Sewer, which are the ones that dig up all our pavements all the time. Vice Chair Carollo: Okay. I don't have any more questions for right now. Commissioner Gort: Does the County pay fee? Mr. Ihekwaba: Yes, we do. Commissioner Gort: Good. Mr. Ihekwaba: Even though they are asking currently for a waiver, which we said no. Chair Sarnoff Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. I got this also a second ago. Am I understanding this correctly that -- where it says tree permit zero, that means that if someone wants to remove a tree, they pay zero dollars? Mr. Ihekwaba: No, no, no. Commissioner Suarez: But what does that tree permit zero mean? Mr. Ihekwaba: We're not asking for any permit application fee for them, whereas other municipalities charge for the application fees. Commissioner Suarez: I'm not understanding. Mr. Ihekwaba: If you walk in the door -- Commissioner Suarez: Right. Mr. Ihekwaba: -- and ask for Public Works to review a tree planting permit application, we're not going to ask you for a fee to process that application. Chair Sarnoff In the public right-of-way. Mr. Ihekwaba: In the public right-of-way. Commissioner Suarez: Oh, I under -- okay, so if you want to plant a tree in the public right -of way -- Mr. Ihekwaba: Yes. Commissioner Suarez: -- you're -- Vice Chair Carollo: You won't get charged a fee. Commissioner Suarez: -- we don't have to get a per -- or we have to get a permit? City of Miami Page 16 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Mr. Ihekwaba: No. You got to get a permit, but we're not charging you for a fee for processing your permit. Commissioner Suarez: That's comforting. And the issue -- that's good, I guess -- of dewatering, you had said something about the dewatering and how that affects flooding. That's something that's really important to me. Mr. Ihekwaba: Yeah. Typically, when the runofffrom a construction zone -- Commissioner Suarez: Right. Mr. Ihekwaba: --flows towards the drain, it carries with it sill, sand, and other solid debris -- Commissioner Suarez: Okay. Mr. Ihekwaba: -- and this flows into the storm drainage system and it tend to clog up the system with time, and then you call me. Commissioner Suarez: Right. I do. Mr. Ihekwaba: That is with -- Commissioner Suarez: I always send you an e-mail (electronic). Mr. Ihekwaba: Yes. Could you guys go clean this drain?" Commissioner Suarez: Right. Mr. Ihekwaba: So we are trying to forestall repetitive cause by taking a proactive position. Chair Sarnoff. All of the Brickell drains are pretty much completely clogged with cement, and part of the US (United States) highway project -- I think that's starting the end of this year -- they're going to be cleaning all of -- but what he's saying is we did not mandate or require all these construction companies to have proper and adequate barriers in front of them. And then what we didn't do, we didn't require them to go into the drain and clean up the construction cement because it's basically the cement that has clogged these drains. Commissioner Suarez: But isn't that more of like a building code issue than it is actually them paying a fee for dewatering? Mr. Ihekwaba: Like I said earlier in answer to your question, dewatering can come from a construction zone or from excavation pit, such as when Water & Sewer is installing a pipeline, they dig a trench and groundwater can flow from that trench into the system. Commissioner Suarez: Okay. Andl don't mean to be facetious when I ask you this question so please don't take it that way. Mr. Ihekwaba: No. Commissioner Suarez: Who pays utilities in the City ofMiami? Mr. Ihekwaba: Who pays what utilities? Commissioner Suarez: Utilities, all the utilities, water and sewer, electricity. City ofMiami Page 17 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Mr. Ihekwaba: Every resident pays utilities. Commissioner Suarez: That was -- that's the right answer. Mr. Ihekwaba: Yeah. Commissioner Suarez: And who lives in developments? Mr. Ihekwaba: Who lives what? Commissioner Suarez: In developments. Who lives inside the developments? Mr. Ihekwaba: Residents live. Commissioner Suarez: Okay. Thank you. Chair Sarnoff Anyone else have any questions? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sam off.? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-2. SP.3 ORDINANCE First Reading 10-01003 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY AMENDING THE FEES ASSOCIATED WITH VIOLATIONS OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01003 SUMMARY FORM.pdf 10-01003 LEGISLATION.pdf 10-01003 SR Legislation.pdf City of Miami Page 18 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right, SP. 3. Chief Maurice Kemp: Morning. Maurice Kemp, Fire chief. SP. 3 is an ordinance of the Miami City Commission amending Chapter 3, Article III of the Code of the City ofMiami, Florida, as amended, entitled Alarm Systems/Fire Alarms; 'more particularly, it's amending the fees associated with the violations to said code. We have had for over 25 years an ordinance on the books with -- for false fire alarms. The problem with the ordinance is the fine was so high that it was not enforceable. It was as much as $2,100 per occurrence, so the ordinance has never been enforced. What we have done is lowered this fine to $250, starting with the third offense. And the benefit -- the result of false alarms are that they tie up the 911 system, it's wear and tear on the fire trucks, there's a risk associated with responding, and it also makes the residents less responsive to fire alarms, which is a life safety hazard. So this ordinance includes an appeal process, also a grace period for new alarms, and an allowance for acts of nature, such as lightning. Chair Sarnoff All right. Let me open it up to a public hearing. Anyone from the public wishing to be heard on SP.3, the alarm system, please step up. Hearing none, seeing none, comes back to the Commission. Do we have a motion? Vice Chair Carollo: Motion for discussion. Commissioner Dunn: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Dunn. The Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Chief so what you're saying is that we are actually reducing the fee? It's not -- we're not implementing a new fee. We're actually reducing from what it is right now. Chief Kemp: That's correct. We are reducing with the intent to enforce, whereas the other one was never enforced. Vice Chair Carollo: So in other words, what you're saying is that if we don't approve this, then what stays on the book is the higher fee? Chief Kemp: That is correct, sir. Vice Chair Carollo: Thank you. Andl have another question. The issue I -- the one issue that I do see is of concern that after the sixth subsequent false alarm, the certificate of occupancy will be revoked unless an inspection of the alarm system by Fire Prevention Bureau representative and a certified fire alarm company representative results in the finding by the chief of the Fire Prevention Bureau that the alarm system is working properly. It does sound a little harsh that they -- you revoke their certificate of occupancy, so I just wanted to inquire with regards to that. Chief Kemp: Yeah. We were -- the intent is to have some teeth in the ordinance where in addition to the fines, there are other consequences if you don't comply. I mean, six false alarms is rather excessive. Vice Chair Carollo: I think I'd feel a little bit more comfortable if it would say !limy be'fevoked instead of on the sixth being revoked. City ofMiami Page 19 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chief Kemp: Yeah, we're okay with that. Commissioner Gort: I'm sorry. Vice Chair Carollo: Okay. Commissioner Gort: Can you repeat that? Vice Chair Carollo: On the sixth false alarm -- Commissioner Gort: Right. Vice Chair Carollo: -- your certificate of occupancy is revoked unless an inspection of the fire alarm system by a Fire Prevention Bureau representative and a certified -- Commissioner Gort: Right. Vice Chair Carollo: -- on and on and on. I think it should read that it may be revoked instead of automatically being revoked. Commissioner Gort: Okay. Vice Chair Carollo: I understand it's a fire safety and -- Chief Kemp: Right. Vice Chair Carollo: -- I just want to address -- 'cause obviously you have much more knowledge than I do. Chief Kemp: That is a reasonable amendment, but I just want to point out that this is six alarms within a 12-month period, so we will make the amendment, but it is within a 12-month period. Vice Chair Carollo: Actually, before we make the amendment, I actually would like to hear from my colleagues on that. Do you think it's reasonable? Chair Sarnoff. Commissioner Gort's recognized. Commissioner Gort: No. I agree with you. I think the -- it's very harsh to take the CU (Certificate of Use) out. My question is -- and this is to -- so the people in the -- viewing this meeting understands. The fire alarm is completely a different set of alarm from the police alarms. Chief Kemp: That's correct. Commissioner Gort: 'Cause I want to make sure that people don't confuse one alarm with the other alarm. Thank you. Chief Kemp: That's correct, Commissioner. Chair Sarnoff. Commissioner Dunn. Commissioner Dunn: Now -- thank you. Chief you indicated, I believe, in that sometimes the false alarm could be triggered by lightning. Is that correct? City of Miami Page 20 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chief Kemp: That is correct. Commissioner Dunn: So I think that's where the lhay'ivould serve because there may be some technical difficulties. I know it's up to the person that owns the alarm system to make sure that it's operable, but I believe -- I like the lhay'because it's like -- andl know our lawyers, even though they're not criminal defense attorneys, would appreciate it. At least you're not guilty -- you have to prove yourself -- what is it, you have to be -- you're guilty before proving yourself innocent. So at least it gives the individual an opportunity to -- with the lhay,'ft opens the door at least for maybe some probable cause, maybe. Chief Kemp: Okay. Chair Sarnofff. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. First and foremost, I'd like to commend you, Chief for actually proposing to lower one of our fees. It may be one that I can vote for. So I appreciate that. Thank you for allowing me to vote in favor of one of these. Do you -- are you aware of any buildings that have more than six false alarms in a given year? Because I had the same concern that the Vice Chairman expressed in terms of revocation of the CO (Certificate of Occupancy), and I'm concerned -- obviously, you could -- you know where the concern comes from. I think it comes from the same place where we have a building of elderly, and if the fire alarm goes off continually when there's lightning -- obviously, lightning is a very common occurrence in Miami. And if you have an elderly building and they lose by virtue of the statute, they -- andl did see that it was in a prior statute by the way, andl want to -- Chief Kemp: Yes. Commissioner Suarez: -- bring that to the public. It was in the prior statute, so the law on that books was that the CO would be revoked. But I think the Vice Chairman's amendment is very good because it's kind of Draconian to just, you know -- you know, where would they go if they don't have the money right away to upgrade their system? Andl remember when I was walking door-to-door, some people would say that there was some issues with their alarm system; you know, it takes time. It's like an elevator or a roof in a condo; they may not have the money right away to replace it. The other thing that would be interesting is if there's any really, really bad systems, you know, in a older community home or low-income housing, affordable housing, if we can find a way maybe to help finance, you know, an upgrade to their alarm system if what's triggering the constant alarm -- false alarms are, you know -- the fact that the system is just outdated or antiquated or not functioning properly. You know, that -- there may be some situations in my district where the community doesn't have the money to buy, you know, an upgraded -- or to upgrade their current system. Chief Kemp: In answer to the first part of your question, we had 865 locations where we had multiple responses last year. And there is an allowance in the ordinance for lightning and other acts of nature, so there is an allowance. But, yes, lightning can cause this. And finally, we have always worked with building owners. If they have problems with their systems, we tell them how to make the building safe. They may have to have a security guard or some other option while they're fixing their alarms. So what we want is safety, and we're willing to work with the individuals to make it safe until they can make the necessary corrections. Thank you. Commissioner Suarez: Thanks, Chief. Commissioner Dunn: Mr. Chair. Chair Sarnofff. Commissioner Dunn. City of Miami Page 21 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Dunn: One more comment and also a commendation on your proposal of the ordinance. What was the, percentage wise, amount of the City's ability to enforce -- 'cause I --you said when the fees were astronomical that it was not really being enforced? What was that, in your estimation, percentage wise, if --? Chief Kemp: Zero. Commissioner Dunn: Wow. Okay. Chair Sarnoff All right. Anyone else? Commissioner Gort: Yes. Chair Sarnoff Commissioner Gort. Commissioner Gort: The -- if it's one of the low-income houses -- that we have a lot of them -- they can go to CDBG (Community Development Block Grant) funds to do the repair. Chair Sarnoff All right. Maria J. Chiaro (Deputy City Attorney): Mr. Chair. Chair Sarnoff All right, Madam -- Ms. Chiaro: Before you proceed on this amendment changing the "will" to "may, "I just want to be sure to let this Commission know that we will need to work -- the Law Department will need to work with the Fire Department to assure that there is not any arbitrary or capriciousness in applying that may be revoked. So there will need to be policies internally so that the application is not just applied on a whim. Chair Sarnoff Understood. All right, Madam City Attorney, it is an ordinance, as amended. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Chair Sarnoff Does the maker understand there's an amendment? Vice Chair Carollo: The maker made the amendment. Chair Sarnoff Okay. And does the seconder accept the amendment? Commissioner Dunn: Yes. Chair Sarnoff Okay. You should have a clear record, Madam Clerk. Priscilla A. Thompson (City Clerk): Now we go with your roll call on your modified first reading ordinance. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 5-0. Chair Sarnoff And I just want to go for the record that Commissioner Suarez has lost his virginity. Commissioner Suarez: No comment. City of Miami Page 22 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chair Sarnoff No comment. SP.4 ORDINANCE First Reading 10-01004 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 53/ARTICLE II, DIVISION II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM", IN ORDER TO INCREASE FEES RELATED TO THE USE OF THE PARKING LOT AND ESTABLISH A PROCESS FOR WAIVING SUCH FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01004 SUMMARY FORM.pdf 10-01004 Legislation. pdf 10-01004 SR Legislation.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff All right, SP.4. Madeline Valdes (Director): Madeline Valdes, Department of Public Facilities. This ordinance is an ordinance amending Chapter 53/Article II, Division II, entitled Stadiums and Convention Centers. "This ordinance applies to the use of the parking area for Marine Stadium. At this time the ordinance requires any user to pay 1,050 for the use of the parking area. We're proposing to increase that to 2,000 for its use and also requiring that anyone requesting a waiver for its use must come to City Commission for approval. Chair Sarnoff All right. Let me open up a public hearing. Does anybody wish to be heard on SP.4? Hearing none, seeing none, the public hearing is closed; coming back to the Commission. Do we have a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Vice Chair Carollo: For discussion. Chair Sarnoff And Vice Chair is recognized for discussion. Vice Chair Carollo: Thank you, Mr. Chairman. Ms. Valdes, is that currently being rented out? Ms. Valdes: Yes. We have events requested -- people requesting for its use on a daily basis, especially on weekends for parking. Vice Chair Carollo: So parking for -- Ms. Valdes: Events. For example, sometimes the triathlon people want to use it. We have filming events. City of Miami Page 23 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Gort: Tennis. Ms. Valdes: In general, the Rusty Pelican has used it as well. Vice Chair Carollo: Gotcha. And second question, where is it in our fiscal strategies revenue enhancements? Do you expect any revenue enhancements from this? Ms. Valdes: Oh, yeah, yeah. We've identified based on the events that so far have been booked for the year, an increase of about 25,000 just for those events that have already been booked. Vice Chair Carollo: Thank you. And -- Carlos A. Migoya (City Manager): Twenty-five thousand six hundred, to be -- Ms. Valdes: Yes. Mr. Migoya: -- on the (UNINTET,TIGIBT,F) strategy. Vice Chair Carollo: Okay. Is it there, Mr. Manager? Mr. Migoya: Yes, it is, sir. Vice Chair Carollo: This is -- Mr. Migoya: Under Public Facilities, there may be -- Ms. Valdes: Other. Vice Chair Carollo: Yeah. Mr. Migoya: -- other public facilities. Vice Chair Carollo: Okay, 'cause you're showing a little bit more than -- where you're showing triple the amount that -- Ms. Valdes: There are other items proposed by Public Facilities that we'll get into Thursday. Vice Chair Carollo: So this amount would actually be about $25, 000, is what you're saying? Ms. Valdes: That's correct. And that's based on the previous use. Vice Chair Carollo: On previous use. I don't have any other questions for right now. Chair Sarnoff Anyone else? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Deputy City Attorney Maria J. Chiaro. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted -- I'm sorry -- passed on first reading, 4-0. Ms. Valdes: Thank you. City of Miami Page 24 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 SP.5 ORDINANCE First Reading 10-01005 Department of Police AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC," MORE PARTICULARLY BY CREATING ARTICLE XI, ENTITLED "COMMERCIAL VEHICLE WEIGHT RESTRICTIONS," TO PROVIDE FOR REGULATIONS ON WHEEL AND AXLE LOADS AND VEHICLE WEIGHTS TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE UPON THE CITY'S ROADWAYS AND TO PROVIDE DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01005 FR/SR Summary Form.pdf 10-01005 FR/SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff SP. 5. Steven Caceres (Major): Mayor Caceres, City ofMiami Police Department. SP. 5 is an ordinance amending Chapter 35 of the Code, as amended, entitled Motor Vehicle and Traffic, 'by creating an article entitled Commercial Vehicle Weight Restriction,'to provide for regulations on wheel and axle load and vehicle weight. And this is also to protect our roads. As you know, overweight vehicles can create hazard for our residents and create damage to our roads. This allow us to enforce this under the chapter. Chair Sarnoff All right, let me open up a public hearing. Does anybody wish to be heard on SP. 5? Hearing none, seeing none, coming back to the Commission. Do we have a motion? Commissioner Dunn: So moved. Vice Chair Carollo: So -- Chair Sarnoff Motion by Commissioner Gor -- Commissioner Dunn, second by the -- Vice Chair Carollo: Second. Chair Sarnoff -- Vice Chair. Any discussion, gentlemen? Hearing no discussion, Madam -- Miss -- excuse me -- Mr. City Attorney, it is an ordinance. George Wysong (Assistant City Attorney): Thank you, Chairman. Vice Chair Carollo: Hold on. I'm sorry. Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: I would just want to verify. This would generate about 720, 000, I think is what --? Major Caceres: Correct. That's an approximate estimate. City ofMiami Page 25 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Vice Chair Carollo: And currently, is anyone enforcing that in the City ofMiami? Major Caceres: Right now we're not enforcing the -- that's -- Department of Transportation does the primary enforcement. We don't have the equipment right now to enforce the type of enforcements that we're trying to -- Vice Chair Carollo: So what you're saying is that if we don't enforce it, there's another department that's enforcing it? Major Caceres: Department of Transportation. Vice Chair Carollo: FDOT (Florida Department of Transportation)? Major Caceres: Correct. So by having two officers certified and having the equipment, we can enforce it every day and protect the residents in the City ofMiami 'cause we have -- when our officers are certified, have the equipment to make sure that these trucks don't violate the weight restriction and any other restrictions that we have. Vice Chair Carollo: So we don't need any additional certifications for this, is what you're saying? Major Caceres: Correct. This will be -- we have officers that'll be certified for that. Vice Chair Carollo: I don't know if this is the time or not, but there's a cost of 144, 000. We were trying to figure out what -- Major Caceres: No. This is -- I'm sorry, Commissioner -- for the -- commercial vehicle is approximately 120,000. The VIP (Vehicle Impoundment Program) is your 144, 000, but there could -- the commercial vehicle is a hundred -- approximately 120. And the chief has approved Law Enforcement Trust Fund to start this program because this is a brand-new program that we're starting in the City ofMiami. So they're two different; the VIP program versus the commercial vehicle. Vice Chair Carollo: Okay. I'm sure we'll get into that a little later on. And so what you're saying is there's actually no start-up costs from the City ofMiami 'cause you were going to use federal fundings, LETF (Law Enforcement Trust Fund)? Major Caceres: That's correct. The Chief has approved LETF funds for the hundred -- approximate 120,000 for the start-up fee. Vice Chair Carollo: Okay. Chair Sarnoff Any other questions? All right, Ma -- Mr. City Attorney, excuse me, it is an ordinance. Mr. Wysong: Thank you. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Priscilla A. Thompson (City Clerk): Before I take your roll call, I want to check and make sure. Since Commissioner Gort has walked in, shall I include you in our --? Commissioner Gort: Yes. City ofMiami Page 26 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Ms. Thompson: Thank you. We're going on with our -- I shall repeat my statement. Since Commissioner Suarez has walked in, do you want to be included with the vote on this item, sir? Commissioner Suarez: (INAUDIBLE). Ms. Thompson: Thank you. Contin -- well, moving on with the roll call. Just one second, please. All right, with your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. SP.6 ORDINANCE First Reading 10-01006 Department of Police AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 42/ARTICLE IV OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "TOWING AND IMMOBILIZATION OF MOTOR VEHICLES," MORE PARTICULARLY BY AMENDING SECTION 42-110 BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE RECOVERING, TOWING, REMOVING AND STORING OF MOTOR VEHICLES PARKED ON PRIVATE PROPERTY WITHOUT THE PERMISSION OF THE OWNER, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; AND BY AMENDING SECTION 42-119 OF SAID CITY CODE BY ADJUSTING THE MAXIMUM TOW RATES ALLOWED FOR THE POLICE DEPARTMENT AND DEPARTMENT OF OFF-STREET PARKING DISPATCHED TOWING AND WRECKER SERVICES, AS SPECIFIED IN THE AMOUNTS SET FORTH IN THIS SECTION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01006 Summary Form.pdf 10-01006 Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING FAILED by the following vote. Votes: Ayes: 1 - Commissioner(s) Dunn II Noes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Chair Sarnofff. SP.6, please. Steven Caceres (Major, Miami Police): SP.6 is amending Chapter 42 of the Code, as amended, entitled Towing and Immobilization ofMotor Vehicles,'by amending Section 42-110 to adjust maximum towing rates allowed for recovering, towing, removing and storing of motor vehicles on private property without permission of the owner; also amending Section 42-119 to adjust the maximum tow rates for the Police Department, Off -Street Parking dispatched towing and wrecker service. And these are just adjusting the fees to come in line with what the County and other municipalities charge. As you know, the administrative cost has increased, and we're trying to bring up to -- Chair Sarnofff. All right. Let me open up a public hearing. Anybody wishing to be heard on SP.6, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yes. Mariano Cruz, 1227 Northwest 26 Street. And I'm also the chairman of Allapattah Business Development Authority. And in the past, we have received a lot of complaints about the abuse of certain police officers there by the produce market that -- andl knew it first time because I talk to truck drivers -- tow truck driver off the record. They don't City of Miami Page 27 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 want to come here. From King Towing, from Magnum Towing, or the other (UNINTELLIGIBLE) towing, that they were giving kickback to certain police officer that -- anyway, he retired when he couldn't -- they move him to Beacon Boulevard. He couldn't be there anymore (UNINTELLIGIBLE). Trucks were being held in hostage, you know. You either pay me or that produce rots there. Pay -- you know they were splitting the fee. They don't want to come here, but I knew it 'cause I was the voice on the street. We don't want -- I want control on that thing, on the abuse that they were doing to the people that working. 'Cause you know a long driver truck -- over the highway truck driver come there and they tell you You park there" (UNINTELLIGIBLE) don't. It's a $200 fine now, whatever it is. And they did that. They were doing that. And the police officer, they know it. They know it because the officer was moved. He's retired already when he couldn't have any more of that part time there, or part time or full time. Who knows? Okay, whatever it was. And the drivers they don't to come because, you know, they used to get the money too, but -- and make sure the ordinance is applied properly because people complain to me, and got the guts to come here and say -- because they scared. Most of the people out there, they scare. I not scared of the police. I not scared of any police, not anybody, or whoever it was, okay, because ifI have to die, I die. Thank you. Commissioner Dunn: Thank you. Major Caceres: As you know, Commissioner, we encourage Mariano Cruz or any citizen that knows of any wrongdoing, that -- especially Mariano Cruz; he knows the process. We do have an internal affairs. There are avenues that if any citizen of the City ofMiami has any information of any wrongdoing, they can proceed and provide that information. Chair Sarnoff. All right. Anybody else from the public wishing to be heard on SP.6? Hearing none, seeing none, the public hearing is closed, coming back to the Commission. Do we have a motion? Commissioner Dunn: So move. Chair Sarnoff. Got a motion by Commissioner Dunn. Commissioner Gort: Second for discussion. Chair Sarnoff. And second by Commissioner Gort. Commissioner Gort is recognized for the record. Commissioner Gort: The question that I have is, and my understanding, he mentioned something about trucks with produce. In the market area there, a lot of the trucks come in maybe 4 in the morning or overnight. They have to stay overnight and park. We're not talking about towing those. Major Caceres: No. Commissioner Gort: My understanding, what I'm reading in here is some of those vehicles, they don't have their license; they're sitting there in front of somebody's yard and -- Major Caceres: Yeah. This is just to increase the fees (UNINTELLIGIBLE). The ordinance is to increase the fees. There's no changes on whatever exists with the towing regulations in the City ofMiami. This is just the increase of the fees that are being charged. This ordinance -- Commissioner Gort: Okay. Major Caceres: -- does not talk of anything about any changes of the regulations of any tow away zone or any other regulations that are right now on the books. City ofMiami Page 28 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Gort: Just the fee. Major Caceres: Mr. Wysong worked on this ordinance; he can chime in. George Wysong (Assistant City Attorney): That's correct. Chair Sarnoff Anyone else? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff The Vice Chair is recognized. Vice Chair Carollo: Thank you. Major Caceres, are you saying that we're bringing up the fees to be in line with what the County is charging and so forth? Major Caceres: That's correct. I was provided a rate sheet, and the County is charging 114 -- $115 for the -- correction; $104, and they have a propose for $115. Right now the proposal has not passed, but the current is $104. So we're bringing it up to the current; however, they have a proposed even to bring it higher to 115. Vice Chair Carollo: From what I'm seeing, some of these fees are almost doubling, though. Major Caceres: Where's that, sir? Vice Chair Carollo: That is in page 2 of 4, in Class A, Class B, Class C, Class D. Major Caceres: If we look at -- the administrative charge is going to go from 16 to 30, and then the total in agency is going to go from 52 to 104, which will constitute almost doubling the fee. Vice Chair Carollo: That's why -- Major Caceres: Yeah. Vice Chair Carollo: --that's -- Major Caceres: Correct. Vice Chair Carollo: -- what I said. Major Caceres: Yeah, but the administrative charges are going -from 16 to 30, and that's one of the main ones. And then the 104 is the total -- the base rate will go from 52.50. That's going to what the County charges right now. Vice Chair Carollo: That's what I'm seeing for the administrative charges. But some of the other charges, the towing agency and the base rate, it's almost doubling too. Major Caceres: Correct. Vice Chair Carollo: As a matter of fact, I'm seeing one right now that is actually more than doubling, so I have difficulties thinking that, you know, we should double up or even pass -- triple some of these fees. I think it seems a little harsh. Major Caceres: On the other one, on the police tows, as you could see, it's going from 92 to 104, and the administrative fee is going from 26 to 30, so those are not doubling up. The ones that City of Miami Page 29 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 are doubling up are going to be on the -- Vice Chair Carollo: No. Okay. Andl can see that, you know. And one could argue well, that -- you know, that's reasonable, but however, we're voting this as a whole. Major Caceres: And if you want, I'll bring the towing officer. But basically, these fees have not been increased for quite a while, especially on the private tows. So you'll see -- I mean, we're coming up to what other agencies are charging for the tows. Vice Chair Carollo: And when you say other agencies, you mentioned the County. How 'bout [sic] other municipalities, Hialeah, the Beach? Major Caceres: We have Miami Beach at 115; Coral Gables, 149. Let me see other ones that are close by. Vice Chair Carollo: Hialeah, maybe? Major Caceres: No. I don't have Hialeah here. No, I don't have Hialeah, sir. Vice Chair Carollo: Okay. Thank you. Chair Sarnoff. All right. Anyone else wish to be heard? Commissioner Dunn: I do, I do. Chair Sarnoff. Commissioner Dunn. Commissioner Dunn: I do want to visit the question that Vice Chair raised. Why is there such a large increase from the towing companies versus the police tows? I can understand that that's pretty much reasonable. What caused such a large proposal for the increase? Godard Solomon (Police): Godard Solomon, City ofMiami. Commissioner Dunn: Speak -- Priscilla A. Thompson (City Clerk): I am so sorry, but I'm not -- Mr. Solomon: Yes. I would like to explain that what I've done is working with the tow companies, the complaint has been that the tow in the County -- Dade County, and Dade County rates as one, but they almost got on a -- on every tow, they collect an average of half the amount to do the same job. And this has been the complaint to me all the time, that the County is charging 104, and they don't understand why they should be collecting $62 and -- I mean, tow companies is who I deal with on a daily basis. So I went to Mr. Wysong and discussed all the different things that they do, which is the fees that they have to pay in insurance, rent, and registration, vehicle maintenance, and so on. And they're saying that there's no way they could operate within the City with these high costs, getting almost half what the County gets. So to us it was just fair that we bring those fees not over the County, but together with the County, and that's how they end up with using the County numbers. Commissioner Dunn: So the actual -- Ms. Thompson: I am so sorry, Commissioner. I just -- Chair Sarnoff. Would you state your name for the record, your -- City ofMiami Page 30 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Ms. Thompson: Thank you. Chair Sarnoff -- name and address for the record. Ms. Thompson: No, no, just the name. Chair Sarnoff Sorry. Name, you're right. Police officers don't say their address. I apologize. Mr. Solomon: Officer Solomon. Ms. Thompson: Thank you. Commissioner Dunn: Okay. Okay, so basically, it's a comparative analysis with the base rate, and then that's what we're proposing on the line item for the agency. Am I correct? Mr. Solomon: That's correct. Commissioner Dunn: So it still is under the County in all categories? That's what I'm looking at. I just want to make sure -- Mr. Solomon: It -- Commissioner Dunn: -- I'm reading this correctly. Mr. Solomon: -- will be way under because of the fact that the County is -- this month is proposing to raise their rates. Commissioner Dunn: So they're going to go up again? Mr. Solomon: Yes, they are proposing to raise their rates. It's been 104 for a few years now. Commissioner Dunn: Okay. But we're already under -- Mr. Solomon: Yes. Commissioner Dunn: -- at this point? Mr. Solomon: Yes. Commissioner Dunn: And they're going to go up again? Mr. Solomon: Yes. Commissioner Dunn: Okay. Mr. Solomon: We're way under. Commissioner Dunn: Okay. Mr. Solomon: City ofMiami right now is $62. Commissioner Dunn: I see. Chair Sarnoff Commissioner Gort. City ofMiami Page 31 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Gort: The problem that I have -- I think the -- what you're adding is way too much. And most of the time you're going to be calling the wreckers whenever you have an accident and you have a problem. In other words, person get in an accident and that's when you call the wreckers. I think the increase is too much. I would like to see something less than that. Major Caceres: Mr. Chairman, could I clam something? We combined the two ordinances. On page 3 of 4, it's the rotational wreckers. If your car is stolen, if you're arrested, that's going from $92 presently to $104. The previous page, page 2 of 4, where it's going from -- I think it says 52.50 to 104. That's when you park your car at a restaurant or you illegally park your vehicle. It's called the Private Property Tow. You see the sign 24-Hour Towing. "So these are the folks maybe come out -- from outside the City, but these are the private property tows. So the citizen who gets his car stolen or is involved in a crime pays more than the person who illegally parks under the present system, so our thought was to equalize that amount. So if you get your car towed, be it -- because it's stolen or the police have to recover it versus you knowingly and intentionally illegally parked somewhere and you have car towed. We were trying to make it fair for everybody essentially. Chair Sarnoff So ifI understand you correct, Mr. City Attorney, Division 2, which is nonconsensual towing of motor vehicles from private property, is the one that has the higher increase. And you're saying the rationale behind it is to increase that more than it would be for the police who are actually using tow truck companies as their agent for a moment on a car that's been disabled during an accident or something on a public right-of-way. So what you're saying is you're raising it so that the person who parks at a restaurant that doesn 't utilize the restaurant's patronage, their increase is higher. And so now the person who gets his car towed by a police, probably -- maybe not as a result of their own fault, pays something less? Major Caceres: Exactly. Chair Sarnoff So really, the major increase is you're talking about are the people who park illegally on private property? Major Caceres: Correct. Those are the -- Mr. Wysong: Earlier page. Major Caceres: And that's page 2 of 4. Mr. Wysong: Division 2. Chair Sarnoff Right, page 2 of 4, whereas page 3 of 4, or if you call it Division 4, that's the person who gets in the car accident; that's the person -- what are some of the other circumstances that people get their cars towed by you? Major Caceres: Pretty much accidents, disabled vehicle, off-street parking, stolen cars recoveries -- stolen -car recovery. Chair Sarnoff Do you know what percentages make up -- in other words, have you ever done an analysis that 70 percent is nonconsensual towing based on Division 2 and 30 percent are -- opposite? Major Caceres: No, I'm not aware of one. Chair Sarnoff Have you done one, Officer Solomon? Mr. Solomon: We have certain numbers -- City of Miami Page 32 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chair Sarnoff Take the mike. Mr. Solomon: We do have certain numbers. It's difficult to tell because the way it's done, we have so much -- we have many more companies doing private property tow compared to the tow companies that are doing police tows. So it would take a little while to figure all the numbers out, but it's usually different. Chair Sarnoff Would the private company tows even report to you, because I don't even know that they need to report to you. Do they? In other words, I park illegally at a restaurant. I get my car towed away. A tow company obviously comes. Do they report that to you? Mr. Solomon: Yes. They have to. Chair Sarnoff They do? Mr. Solomon: They report it to our C -- Chair Sarnoff So you could give us --? Mr. Solomon: Yes. They report it to our CIS (Criminal Investigation Section) desk. Chair Sarnoff I gotcha. Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: I have a couple of more questions. Now you talked about towing that's criminally related. Could you given an example of what constitutes a criminally -related towing? Major Caceres: Somebody gets arrested. Commissioner Dunn: For? Major Caceres: Any type of crime. Commissioner Dunn: I mean, like what -- what's --? Major Caceres: If you get arrested for any type of crime, drugs -- Commissioner Dunn: Okay. Major Caceres: -- driving under the influence, no tag -- Commissioner Dunn: Prostitution? Major Caceres: -- prostitution -- Commissioner Dunn: Okay. Major Caceres: -- a suspended license. Commissioner Dunn: Okay. City of Miami Page 33 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Major Caceres: There's a lot of other -- Commissioner Dunn: Okay. Major Caceres: -- reasons, criminally, you can tow. Commissioner Dunn: One other question, Mr. Chair, ifI may? Chair Sarnoff Yes. Commissioner Dunn: What's the bottom -line figure if these increases are passed to the City? Has anyone dealt with that? Major Caceres: I was just going to comment. The only money the City will see is that $30 administrative charge. We don't see or take any profit from the private haulers. So going from $16 to $30 would be a significant increase for the private property tows; 26 to $34 increase depending on the number of tows, essentially. I don't know if you can provide the number of tows we have on a monthly basis or guesstimate. Mr. Solomon: We can provide you -- that's something that -- an increase -- we'll have to do an analysis based on the last 12 months with the increase of the $4 versus the -- you know, just keeping it where it's at. Commissioner Dunn: Okay. Chair Sarnoff So are we being solicited by the towing companies to increase their fees, saying that it's just not worthwhile towing a City ofMiami car? Mr. Solomon: I think in that case, sir, it's only because they're showing that to operate in the City, it is not profitable at that price. And I'm -- Chair Sarnoff So then -- Mr. Solomon: -- I've actually gone through the -- Chair Sarnoff I gotcha. So then is there a resistance by the towing companies to tow? Mr. Solomon: No, not a resistance, I would say, but a need for help, a cry for help that -- they have broken down to me, drivers, insurance, and all the costs that they incur, and it is obvious that they need some kind of assistant in that field. Chair Sarnoff And forgive me; you may have responded to the Vice Chair and maybe I wasn't attentive enough. On -- with regard to nonconsensual Division 2 towing, where does some of the other municipalities stand in terms of the --? Let's -- just give me a Class A rate. Mr. Solomon: The Class A rate for the entire county -- Chair Sarnoff Well, I -- we got the County's going from 104 to something, 104 to 115, if Ire -- right? Mr. Solomon: Yes. Chair Sarnoff Okay. But what about like Coral Gables, what do they charge? All right, pick a low -- City ofMiami Page 34 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Mr. Solomon: One forty-nine. It's one -- Chair Sarnoff Hialeah apparently doesn't respond. Major Caceres: One forty-nine. Chair Sarnoff One forty-eight [sic]. And what does Miami Beach charge? Major Caceres: One fifteen for Class A. Chair Sarnoff One fifteen? Major Caceres: Right. On nonconsensual, 115. Chair Sarnoff Is there any other city you have? Major Caceres: Opa Locka, 88; North Miami, 88. Chair Sarnoff So are they soliciting their cities, do you know, to raise their rates because their insurance and their gas and their operation of their vehicles? Mr. Solomon: I couldn't say. I don't know. Chair Sarnoff Okay. Commissioner Dunn: One last question. Chair Sarnoff Yes, sir, you're recognized. Commissioner Dunn: Okay. So now in the event the towing companies are unable to get an increase, what kind of impact -- say there were no towing companies in the City ofMiami, what kind of impact would that have on the City? Major Caceres: I would say a definite impact. You know, we have illegally vehicles parked and then we can't tow them, you know, it's going to create a problem for us. Commissioner Dunn: Okay. I just wanted to try to see what -- Chair Sarnoff All right. Anyone else? All right, Mr. City Attorney, it is an ordinance. Mr. Wysong: Thank you, sir. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Ms. Thompson: Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Gort? City ofMiami Page 35 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 SP.7 10-01009 Department of Zoning Commissioner Gort: I'd like to see them come back some other time with a reduced gain. At this time, I can't vote for this one. No. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sam off.? Chair Sarnoff. You know, interestingly enough, I spent the beginning of my legal career at the City Attorney's Office in New Orleans, and our tow rates -- and we had something called the Boot. "AndI was in charge of the boot andl was in charge of the tow rates. And the tow rates were actually more money in 1987 than they are here; yet, I don't know that we need to become the municipality that -- I don't think we need to do anything, gentlemen, just like the County, because I don't want to be considered a County Commissioner andl don't want to be considered having made decisions predicated on what the County does and doesn't do. Like Commissioner Gort, I think I could raise these, but I don't think I need to raise them to the level that they're being asked to be raised. So if you bring this back to me -- Commissioner Gort: Bring it back. Chair Sarnoff. -- I have no problems in voting a 9es'ff it were somewhat lower. AndI think your Division 4 is fine. I mean, you're not raising it much at all. But I think it's Division 2 that everybody's having a problem with. So my vote is no. Ms. Thompson: Then your first reading ordinance fails, 1-4. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT" AND AMENDING CHAPTER 62/ARTICLE VI, OF THE CITY CODE ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES", MORE PARTICULARLY TO ADJUST PLANNING AND ZONING FEES FOR ACTIVITIES PERFORMED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01009 SUMMARY FORM.pdf 10-01009 LEGISLATION.pdf 10-01009-Submittal-Office of Zoning Fee Increases.pdf 10-01009 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff. All right, SP.7. Barnaby Min (Administrator): Good morning, Commissioners. Barnaby Min, on behalf of the Office of Zoning. SP.7 is an amendment to Chapters 2 and 62 of the City Code to raise the fees in an attempt to cover the cost that the City incurs in the Offices of Zoning, Department of City of Miami Page 36 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Planning, and Office of Hearing Boards. The majority of the fees are a flat 5 percent increase over all the current fees, with a few exceptions. Those exceptions are in Chapter 2, and that those fees have previously been increased last year. The only fees being increased this year in Chapter 2 is one that we forgot to increase last year, and we're adding an additional fee for a -- what is known as a Zoning Verification Letter'br other similar letters that are sent out. Currently, the City ofMiami charges $50 for those letters. We'd like to raise that fee to $125. I have the spreadsheet that compares the City ofMiami to the other municipalities. On average, it's between 50 and $200. Chair Sarnoff All right, let me open up a public hearing on SP.7. SP.7 is being heard by the City Commission. Is there any member of the public that wish to be heard on SP.7? Hearing none, seeing none, comes back to the Commission. Is there a motion? Commissioner Dunn: Move it for discussion. Chair Sarnoff Motion -- Vice Chair Carollo: Second for discussion. Chair Sarnoff -- by Commissioner Dunn, second by the Vice Chair. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: You know, I'm just -- you know, we're getting this at the same time. I'll let you go first, Vice Chair. Vice Chair Carollo: You want me to go first? Commissioner Dunn: Yes, sir. Vice Chair Carollo: Okay. I'm going to mention what you're thinking. When did you first have this rate sheet or comparison? Mr. Min: I drafted it this morning. Vice Chair Carollo: This morning. Any reason why you didn't think about drafting it a few days ago or actually five days -- five business days ago? Mr. Min: It's certainly my fault. Vice Chair Carollo: Andl don't mean to put you on the spot because in -- Carlos A. Migoya (City Manager): Mr. Chair. Vice Chair Carollo: -- all fairness, it's been done quite a bit, so I don't want to put you on the spot. Mr. Migoya: IffI may? Mr. Min: Yes, sir. Mr. Migoya: The reason why -- Chair Sarnoff Mr. Manager. Mr. Migoya: -- in the case of Building and Zoning and Public Works have come up with these City ofMiami Page 37 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 from -- it was from a meeting that we had yesterday. In my expectations of the things that you would look at, I asked him to come up with these spreadsheets and that's -- and to deal with the prices and, in some cases, the comps as they are where they related to other municipalities. So I apologize for the delay on this, but it was really -- at the last meeting -- minute, as I was looking at the presentation, andl asked him to come up with these spreadsheets. Vice Chair Carollo: Thank you, Mr. Manager. And at the same time, I'll tell you, you know, I thank you because, yes, this is what I'm looking for. And as a matter of fact, this is not the first time that we go through this and this is not the first time that I asked for this. If you ask Larry Spring, our chief financial officer, he will tell you that we -- when I first got elected, we went through this back and forth, this tennis match, for about two, three, four months until he finally provided this information to me. But, yes, I appreciate this information. The only thing I ask that for future references, you know, it's given to us with, you know, a little bit of time for us to actually be able to read and analyze it and so forth. Mr. Min: Certainly. Chair Sarnoff All right. Commissioner Dunn. Commissioner Dunn: I mean, I just reiterate the Vice Chairman. I -- this has been a issue that he has -- Chair Sarnoff Championed. Commissioner Dunn: Yeah -- for day one over and over and over and over and over and over and again. Andl don't know -- when do we get the message? Commissioner Gort: Mr. Chair. Vice Chair Carollo: Mr. Chairman. Not to mention that we got this whole package yesterday afternoon, at least I did. Chair Sarnoff I think we all did. All right, gentlemen. Does anybody wish to implement the five-day rule? Commissioner Gort: Wait. Let me ask a -- Vice Chair Carollo: We actually cannot due to the fact that it's a special meeting. Chair Sarnoff Oh, okay. Vice Chair Carollo: However, if you allow me in the future, I will be bringing an ordinance to here and just keep this in mind. Chair Sarnoff Gotcha. All right, tell you what. Commissioner Gort: Mr. Chairman. Chair Sarnoff Let's -- Commissioner Gort, you're recognized. Commissioner Gort: My question is, the zoning notification letter goes up to about maybe a hundred and some percent, while the other ones, they don't do as much -- Mr. Min: The other one -- City of Miami Page 38 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Gort: -- increase. Mr. Min: Again, the other ones are -- the majority of the fees are only a 5 percent increase. Commissioner Gort: Right. Mr. Min: The only one that is not is the zoning verification letter, which goes to try and come in a similar market value that other municipalities currently charge. And we also did not want to hurt the residents, so in one of the temporary uses -- all the temporary uses are going up by 5 percent, except for garage sales, which are remaining at $25. Chair Sarnoff All right, let's see where we go. Commissioner Gort: I have an additional question. Anything that we pass on first reading, when it comes back to second reading, do we have the ability to reduce it? Mr. Min: Yes. Commissioner Gort: We can change it? Mr. Min: Yes. Chair Sarnoff All right, Mr. City Attorney, it is an ordinance. George Wysong (Assistant City Attorney): Thank you. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sam off.? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-2. Mr. Min: Thank you, Commissioners. SP.8 ORDINANCE 10-01008 First Reading City of Miami Page 39 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL" IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01008 Summary Form.pdf 10-01008 Legislation. pdf 10-01008Submittal-Icon 465, 485 and 495 Brickell Ave and Biscayne Blvd..pdf 10--01008-Submittal-Changes of Fees for Building Permits, etc..pdf 10-01008 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right, SP. 8. It's a big piece of paper. Just think how that's going to hit you with. Orlando Toledo (Director): Orlando Toledo, director of Building and Zoning [sic]. This is an ordinance amending Chapter 10/Article I of the Code of the City ofMiami, entitled Buildings/In General,'fn order change an increase of certain fees. These changes will simplin, the calculation of building fees, first of all. It would also finally put a level of [sic] playing field for any actual building permit that gets actually issued. In addition, we're also proposing an increase of TCOs (Temporary Certificates of Occupancy), TCCs (Temporary Certificates of Completion), COs (Certificates of Occupancy), and CCs (Certificates of Completion) from $105 to $250 per unit. The reason why we did this was, just as a little explanation, when you come in for a single-family resident building permit, the charge is the same as if you come in for a building of 300 units, 200 units, 100 units. So we went ahead and we said a single-family resident is a single-family resident. It doesn't matter the number of units that it has. And that's the reason why we went with that change. The two copies that I gave you -- I gave you two copies of charts. One, we went ahead and we looked at for the last year how many single-family resident permits had we issued. As you can see, there are 20. When you look at the average of the cost of single-family residents in the City ofMiami, it's about $328,000. I also removed the 2.5, which is the most expensive home that was built in the City so that I could give you a true average. The second chart gives you a breakdown of similar permits of how much they are right now, presently, and how much they will be. In addition, I also gave you a breakdown of a affordable home of $104, 000 to construct and what cost that would cost us and what each municipality that we were able to get information from has -- what it will cost. If you have any questions, I'm here. Andl also have the Building official with me. Commissioner Dunn: Mr. Chair. Chair Sarnoff Commissioner Dunn's recognized. Commissioner Dunn: Yes. Now does -- will this have any impact on homeowners who might try to do an addition to their home? Mr. Toledo: Because of the fact that you go on a percentage, the addition will be on construction costs. So if you're really spending -- if -- let's say you're building a bathroom of $4, 000, so it's going to be a $400 charge. When you look at those numbers, it's going to be similar to what was there before. So we're really, like I said, leveling the field from the big developer to the small single-family resident. City ofMiami Page 40 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chair Sarnofff. Let me do this, Commissioner. Let me open up a public hearing. Anyone from public wishing to be heard on SP.8, please step up. You're recognized for the record, Mr. Kurland. Nathan Kurland: Nathan Kurland, 3132 Day Avenue. Commissioners, thank you for the opportunity. Last night at the Commission -- County Commission hearing, I had my intelligence insulted for hours. This particular bill here, which more than doubles a single-family home permit, is again an insult both to my intelligence and to the people, the citizens ofMiami. There is a torture called the Chinese Water Torture'=- excuse me ifI ethnically insult anyone -- which is a drop of water into the center of the forehead over and over and over again. By the time we absorb all of these changes -- andl thank the Commissioners who have voted against some of the more outrageous ones. But this one in particular seems to me to be absolutely and totally outrageous. To go for a single-family home permit, ifI understand, from 104 to 250 -- Mr. Toledo: Yes. Mr. Kurland: That's almost two and a half times. I can't imagine anything more insulting than that. We're talking about a -- single-family home permit should actually be reduced as opposed to raised. It's hard enough getting a permit in this City, let alone having to pay two and a half times more for it. I urge you, please, to vote down this particular increase. Thank you. Chair Sarnofff. Orlando, can you stay there? My understanding, when this was proposed, is that it would increase some and reduce some, but the net result for a person who's doing a small addition was a reduction. Mr. Toledo: Yes. Chair Sarnofff. Can you describe how that is or --? Mr. Toledo: Again, when you're looking at numbers, it's really how much the construction cost is. A small bathroom, let's say 4,000 square -- I mean, $4, 000 spent on the bathroom. When you look at those numbers now, you're looking at it's going to cost you over $500; now it's going to cost you $400. So, I mean, those were the differences. One of the main things that also -- just to respond to what was said -- I mean, what needs to be understood is to be able to build a home, you need 40 inspections, minimum of 40 inspections. And that's one of the things that people need to understand, what is the process and how much it actually cost to the City to have 40 inspectors out there every time you're building a home. And we're not even talking about a multifamily home. We're just looking at a single-family home. Chair Sarnofff. So if there was a fiscal strategy by the City Manager to net more money -- andl surmise there is one, and I bet the Vice Chair knows it off the top of his head -- if that fiscal strategy was to create more money, it was to be done at the higher end of the construction, meaning the more affluent construction, the more high-rise buildings, things like that? Mr. Toledo: And that's the reason why I say that you're leveling the field for the first time because the person who's going to be building a little addition or a 200-square foot addition, 300-square foot addition will be paying less and then the higher developer will be paying more. Yes. Chair Sarnofff. My understanding was that the actual -- andl don't think Nathan would argue against this if he knew the inequity of it as it stands now. My understanding the inequities here were that a developer could pay -- I'm just going to use a number -- $1, 000 for the same homeowner that's just changing his bathroom, let's say, because that fee structure exists presently; whereas, that developer that's building, let's say, 400-unit, 60-story building would be paying a higher percentage than necessarily that same homeowner that's putting -- that's City ofMiami Page 41 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 definitionally the same permit that you utilize right now. Is that accurate? Mariano Fernandez (Assistant Director): Mr. Chairman, Mariano Fernandez, Building official. Unfortunately, the present schedule offees that we have implemented in the City ofMiami is so convoluted and complicated that it doesn't make the field plain. When you have a single family or you have a small addition or remodeling that you do in the house, it's being penalized the way it's done right now, while the big developers -- because of the time that it was created, 30, 40 years ago, the schedule offees never considered that those big buildings were going to come into place. Right now what we're trying to do with this percentage approach is almost like when you go to the supermarket. If you buy one pound of meat, you're going to pay for one pound of meat. If you buy a hundred, you're going to need to pay for a hundred. It's a busy simple complex -- I mean, concept. But right now the City ofMiami is using the general funds and is using the single-family houses to subsidize the commercial and the big developments. With this new approach, everybody's going to pay the fair share. We're not saying it's going to pay more or less. Chair Sarnoff Could I ask a favor of you? Mr. Fernandez: Yes, sir. Chair Sarnoff 'Cause -- I mean, I'm -- I understand it and I've actually spent some time on this. But could you take a couple of our buildings -- could you take Icon, could you take 900 Biscayne, and could you take --? Well, I'd like you to take two buildings in another Commissioner's district. Show us what fees they paid. Mr. Fernandez: I can give you an example right now. Chair Sarnoff No, no, no, no, no. I don't -- Mr. Fernandez: Commissioner -- Chair Sarnoff I could tell you, this Commission's going to be resistant. I mean, I think I know my colleagues by now. All I'm suggesting to you is in a pictorial manner -- and your GSA (General Services Administration) can help you with this -- pick out the Icon. Put a -- Mr. Fernandez: Yes, sir. Chair Sarnoff -- picture next to it. Show us in the number offees they paid, then put a home next to it; show us the number offees they would have paid. Show us the differential. I suspect you'll get a lot of Commissioners -- andl always use -- my litmus test as Commissioner Suarez -- you might even be able to convince him that this is actually not a fee increase to the average citizen in Miami but is more of a developer fee increase, something that I think the citizens, those in the know, have always been objecting to for years and years. I happen to know what Icon paid and know that's the one you used. And if you could show them what Icon paid in fees and what a homeowner paid in fees and you just do a multiplier of the number of homes, it's off the charts differently. But I don't think there's a way of us looking at a chart truthfully and making us understand it. Mr. Fernandez: Yeah. Mr. Chairman, may I. The intention is not to look line item by line item. We need to understand the philosophy behind why we need to do the change. Thirty years have passed; nothing has happened. A 5 percent cannot prevent -- under Florida Statute 553, we entitled to recover. We not even close to a tenth of the recovery cost. Chair Sarnoff What I think -- and I'm trying to help you guys out -- City ofMiami Page 42 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Mr. Fernandez: I understand. Chair Sarnoff -- you can convince this Commission of your point. I don't know that you could do it today. I could vote for it 'cause I spent some time on this. But I think they're looking to see that the average homeowner, the average renter -- well, renters really don't change their units that much, but the average homeowner would benefit from this, whereas the average developer would pay pro rata more of the fees that they pay in Coral Gables, Hialeah -- let me try another one that you'd like -- maybe even Sweetwater, maybe a -- maybe even Homestead. Mr. Fernandez: Yes, they will. Chair Sarnoff You know, nothing high end, too couture. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes. Mr. Migoya: May I propose that we table this item. We have a meeting at 5 o'clock. We can probably come back at 4, 4: 30. I don't know what everybody's plans are, but -- and maybe use -- bring those examples that you're talking -- those examples are an excellent idea. Chair Sarnoff You guys are very proficient in pictorially demonstrating this. I've seen -- I mean, your GSA could put this together in two hours. Mr. Migoya: No, no. I know exactly what you're talking about, and think we could do that. And it would probably describe better the point that you're discussing, which is really to try to make sure that we allocate the fees as it relates to the work that's related to those; therefore, the higher -- the high-rises and the more complex items would end up paying for the increase of the fees, if it's okay. Chair Sarnoff Commissioner Gort. Commissioner Gort: Yeah. I agree. I don't -- I want to see residential -- the guy that right now cannot buy a house and he wants to improve his home and improve the bathroom or add an additional room to pay a lot more. I don't think it be fair, especially on the conditions that we are today. So I think we really need to explain that. And when you come back later, make sure you got all those numbers. Mr. Migoya: Exactly. Commissioner Gort: How it's going to affect the residential individuals that wants to do some amenities to his homes compared to new constructions and so on. Chair Sarnoff All right. Is there a motion to -- do we need to --? Priscilla A. Thompson (City Clerk): Excuse me, Chair, before you go on. Do you want to close the public hearing? Chair Sarnoff I'm sorry. Anyone else from the public wishing to be heard on SP.8? Hearing none, seeing none, the public hearing is now closed. Do I need a motion to table? Ms. Thompson: No, sir. Chair Sarnoff Just table it? City of Miami Page 43 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Ms. Thompson: Yes. Chair Sarnoff All right. We will table SP.8. [Later...] Chair Sarnoff All right, we're back on the record. This is the continuation from the recess of the morning meeting. And we were still going to do -- I believe we had tabled SP.8 andl think we had tabled SP.9. And Orlando Toledo, you are recognized for SP.8. Mr. Toledo: Orlando Toledo, director of Building & Zoning [sic]. I've placed a copy on each of yous [sic] desk explaining Icon and 900 Biscayne Boulevard. After our discussions in the morning, we went ahead and we simplified the process. Single families and duplexes will stay as is. The only increase of I percent will be on commercial and on multifamily residents. Chair Sarnoff Is -- Mr. Manager, is there language that we can look at to that effect or will that come back on second reading? Mr. Migoya: I believe what we're discussing is to have that language for the amendment for the second reading. Chair Sarnoff And Madam City Attorney, you can adapt the language so that the Commission would proceed with nothing -- of an increase --? I don't think there would have been necessarily. I'm not saying there was. But that this will not touch and affect single-family or duplex units but would have the increase in fees and costs associated with multifamily and commercial units. Julie O. Bru (City Attorney): Just so that I'm clear then, the only modification to the ordinance that is part of this agenda is that you're going to delete the changes that you were making to single-family homes? Mr. Toledo: And duplexes. Ms. Bru: And duplex. Everything else, it stays the same. Mr. Toledo: Yes. Ms. Bru: So this ordinance will be adopted on first reading with that modification, that we're deleting those changes that were going to be made to the single family and duplex. Chair Sarnoff All right. Commissioner Gort: Mr. Chairman. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: It's my understanding that anything that we move on today in the second hearing we can change it, right? Ms. Bru: Right. Commissioner Gort: Okay. Chair Sarnoff All right. Is there a motion? Commissioner Dunn: Mr. Chairman. City of Miami Page 44 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chair Sarnoff Yes, sir. Commissioner Dunn: So moved. Chair Sarnoff. We have a motion by Commissioner Dunn. Do we have a second? Commissioner Gort: Second. Chair Sarnoff. Second by Commissioner Gort. I'll open up a public hearing. Ms. Thompson: I'm sorry. You opened it and closed it before you recessed. Chair Sarnoff. Understood. So the public hearing's been opened and closed. Discussion by the Commission. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. The Vice Chair is recognized. Vice Chair Carollo: It's my understanding that this would only generate about 15,000 of additional revenues? Mr. Migoya: Go ahead. Mr. Toledo: No. I mean, the numbers that we're looking is -- if we go ahead and -- the fact that we're removing single family and duplexes, you'll be reducing what we had pretty much looked at by --from 100 to $150,000, so you'll be looking more at 750,000 that will be brought into the general fund. Mr. Migoya: If you net out 150, 000, you'll be talking about 800 -- I'm sorry -- $844,000. Mr. Toledo: Forty-four thousand, right. Vice Chair Carollo: Hold on. But -- and give me a second. Let me go to the fiscal strategies. I thought it was a different amount. Mr. Migoya: Under Building, the amount is $994, 000, sir. Vice Chair Carollo: Give me a second, please. Gotcha. Chair Sarnoff. So the reduction is up to 150? Mr. Migoya: Yes. Mr. Toledo: Yes. Mr. Migoya: So we're taking the higher side of the 150 based on this year's activities. So any future developments as it starts moving up, then obviously we'll have an upside. Chair Sarnoff. All right. And is this as modified, Madam Clerk? Ms. Thompson: That's my understanding from the statement made by the City Attorney. Chair Sarnoff. By the City Attorney, all right. All right, so any other discussion? Commissioner City of Miami Page 45 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Suarez, you're recognized for the record. Commissioner Suarez: Mr. Chairman, thank you. As I mentioned to Orlando when I spoke to him back there, I'm very pleased with this modification. Obviously, you know, I was about a third of the way there and now I'm probably two-thirds of the way there. So I'll still vote no on the first reading. And you know, I open -- my door's open to discussing ifI can get to -- you know, three -thirds of the way there. But certainly, I'm very pleased with the modification as presented. Mr. Migoya: I thought two-thirds becomes a one. Chair Sarnoff Orlando -- Mr. Migoya: Never mind. Chair Sarnoff -- it's my understanding that City ofMiami fees associated with high-rise construction has always been that behind of any one -- any city in Florida. Is that a correct statement? Mr. Toledo: Yes, Commissioner, that's the case. And if you'd like, I mean, I could have the Building official that has actually worked in about six cities here in Dade County. Chair Sarnoff Okay. Would you just put on the record as to we were such a bargain, so to speak, for some of these high-rise developers? Mr. Fernandez: We have been, Commissioner, for the last ten or fifteen years, compared with other municipalities. Chair Sarnoff And just for the record, what other municipalities are you comparing us to? Mr. Fernandez: Aventura, Sunny Isles, Miami Beach, Coral Gables. Chair Sarnoff Okay. All right. Thank you very much. Mr. Fernandez: Thank you. Chair Sarnoff Madam City Attorney, this is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And it's being adopted as modified. Ms. Thompson: Thank you. Roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? City ofMiami Page 46 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Commissioner Dunn: Yes. Ms. Thompson: Chair Sam off? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been passed on first reading, 3-2. SP.9 ORDINANCE First Reading 10-01030 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION", MORE PARTICULARLY BY AMENDING THE SCHEDULE OF FEES ASSOCIATED WITH VARIOUS FIRE PROTECTION DUTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01030 SUMMARY FORM.pdf 10-01030 LEGISLATION.pdf 10-01030-Submittal-Department of Fire -Rescue Fire Prevention Division Fee -Study August 2010.p 10-01030 SR Legislation.pdf 10-01030-Submittal-Department of Fire -Rescue Fire Prevention Division Fee -Study August 2010.p Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff Let's go on to SP.9. Maurice Kemp (Fire -Rescue): Maurice Kemp, Fire chief. We have an ordinance of the Miami City Commission, amending Chapter 19 of the Code of the City ofMiami, Florida, as amended, entitled Fire Protection; 'More particularly by amending the schedule of fees associated with various fire protection duties. We've done a comparison, comparing the City ofMiami to Hialeah, Miami Beach, Miami -Dade County, Coral Gables, and to a recently completed MGT study as to where our fees are in comparison to the others. And our current fee schedule does not come close to covering the cost of what it cost to provide these services. In fact, MGT stated or recommended that we would have to increase our fees by 667 percent to cover the cost to providing the services. That's not what's being proposed here. We -- the proposal is 170 --1.7 percent less than the highest of the cities we compared to. As it stands right now, the homeowners and City residents are subsidizing the developers and the businesses because we 're not charging what we should be charging. Fire inspections are required for all new businesses in the City and we routinely inspect all businesses, and that's required by the state fire marshal. ALFs (Adult Living Facilities), day cares and institutions and schools and hospitals are inspected yearly as well. And also, the inspections affect our (UNINTET,T IGIBT ,F) ratings. So this is the proposal. Chair Sarnoff All right. Anyone from the public wishing to be heard on SP.9, please step up. Hearing none, seeing none, the public hearing is closed. Is there a motion? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Could we table this item also? City ofMiami Page 47 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chair Sarnoff. All right. Let's table SP.9. That leaves us, gentlemen, SP.12. Chief Kemp: Excuse me. Is there some direction as to what you'd like to see if we brought it back or --? Vice Chair Carollo: Yeah. If we table it, we're going to be bringing it back later on. I guess -- Chair Sarnoff. I think his question is what information should he bring. Vice Chair Carollo: Well, at the very beginning, I need to review this -- Commissioner Gort: Need to look at it. Vice Chair Carollo: -- a little more. Like I said, I received it yesterday -- Commissioner Gort: Look at the numbers. Chief Kemp: Okay. Vice Chair Carollo: -- afternoon and -- Chair Sarnoff. He just needs time -- Vice Chair Carollo: -- you're towards the end, so -- Chair Sarnoff. Gotcha. Chief Kemp: Okay. Vice Chair Carollo: -- it's only amount of -- X'amount of time that can spend on each. Chief Kemp: Okay. Chair Sarnoff. We'll bring it back when we bring SP.9. Vice Chair Carollo: And Mr. Chairman. Chair Sarnoff. Yes, sir. Vice Chair Carollo: Chief you said you compared it to other municipalities. Do you have that comparison? Chief Kemp: We do have some comparison information that I can provide to you. Vice Chair Carollo: Would you be able to provide that? Chief Kemp: Yes. Commissioner Gort: Sure. Vice Chair Carollo: Thank you. [Later..] City of Miami Page 48 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chair Sarnoff. All right, SP. 9. Chief Kemp: Maurice Kemp, Fire chief. We disseminated some information to you at the break. As I said earlier, we did a comparison, comparing Miami with Hialeah, Miami Beach, Coral Gables, and Miami -Dade County. We were by far the lowest and now we are still lower than most of the others. We're -- and the MGT study indicated that we were 666 percent lower than the actual cost of delivering these services. Chair Sarnoff. Chief I apologize. I didn't get the chance to look at this, and I'm looking at it right now. Chief Kemp: Okay. Chair Sarnoff. So the graphic, Chief is total annual permit. Is -- this graphic brings us in line on the -- I don't know what color that is. It's red. It's where we actually are and this is the proposed? Chief Kemp: That's correct. As you can see, we will still be lower than the County and Coral Gables but close to Miami -Dade County. And what these fees do is they help to offset what the residents are now subsidizing, which is the cost of providing these services primarily to businesses and multifamily residentials. Chair Sarnoff. All right. Was the public hearing opened and closed on this? Ms. Thompson: Yes, it was, sir. Chair Sarnoff. Okay. Is there a motion? Vice Chair Carollo: So moved -- Commissioner Dunn: Second. Chair Sarnoff. Motion by the -- Vice Chair Carollo: -- for discussion. Chair Sarnoff. -- Vice Chair, second by Commissioner Dunn. The Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. Chief thank you for the comparison. Would you happen to also do a comparison with Hialeah and some other municipalities? Chief Kemp: We spoke to Hialeah. They didn't provide us with specifics, but they are similar to the County in fees. Andl believe by ordinance, they can't exceed the County, so they're very close to Miami -Dade County. I don't have exact numbers. And Miami Beach recently increased their fees in February, so once again, I don't have their numbers, but they just did a substantial fee increase according to their fire marshal. Vice Chair Carollo: Okay. As you know, we just received this andl actually asked for it -- I don't think I've given the adequate time to review it and so forth, so most likely, I will vote no this time on first reading. I'm doing the opposite of what most people do; vote yes and then vote no on second reading, or you know, change their vote. I will vote no this time, but hopefully, if you give me the adequate information of Hialeah, Miami Beach, and so forth, then, you know, you'll have my approval on second reading. City of Miami Page 49 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Chief Kemp: Okay. Prior to the vote, I have a couple of scrivener errors that will be corrected in writing by the next meeting. I just want to put them on the record. On page 5 of 23, there's a scale. If we delete up to 50 and just start at 50 to 99, it would be correct. And on page 6 of 23, item number 4, all would be 150. We would not have the escalating scale. And the effects of these changes are factored into the numbers already. And finally, on page 7 of 23, item 10, the entire -- there's no scale. It all goes to 210. Thank you. Chair Sarnoff. Thank you, Chief. Anyone else? Any discussion? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: And this has also been adopted -- it's going to be adopted as modified. Ms. Thompson: Roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Chair Sam off? Chair Sarnoff. I'm going to do the opposite of the Vice Chair. I'm going to vote for this on first reading, and I'd like to see how the other two cities come in as well, Chief. Chief Kemp: We will have that for you. Chair Sarnoff. My answer's yes. Ms. Thompson: Your first reading ordinance has been passed, 3-2. Chief Kemp: Thank you. Chair Sarnoff. All right. My understanding is -- andl know everybody's here -- that the City Clerk is going to need about five to ten minutes to rewind the tape. I suggest we take a real ten-minute recess, guys, not a ten that could be twenty. Ms. Thompson: Actually, we're going to adjourn this meeting -- Chair Sarnoff. Fair enough. Ms. Thompson: -- because we've completed that agenda. So we'll be adjourning this meeting. And then you'll be going in -- after your whatever time, ten minutes, into your budget hearing. Chair Sarnoff. All right. So then do we have a motion to adjourn? City of Miami Page 50 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 SP.10 10-01091 Department of Employee Relations Commissioner Dunn: So move. Vice Chair Carollo: Second. Chair Sarnoft All right. We have a motion to adjourn, second. All in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Sarnoff All right, ten minutes. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 2 ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST, MORE PARTICULARLY BY AMENDING SECTIONS 40-191 AND 40-203, MAKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01091 Legislation.pdf 10-01091 SR Summary Form.pdf 10-01091 SR Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right. Madam City Attorney, my understanding is that we need to proceed with SP.10 and SP.11 first? Is that correct? Julie O. Bru (City Attorney): Yes. I've asked that those be taken out of order. We have our pension consultant here. These are two ordinances that implement the modifications to the two pension plans that were taken by the August 31 action of the Commission. The first one, it regards the FIPO (Firefighters and Police Officers) plan, and if you would like to, we can put on the record what this ordinance does. Chair Sarnoff Please. Ms. Bru: Yes. And we have James Linn here who has been assisting in this process as our pension consultant who can address these changes. FIPO is first. SP.10 is the FIPO plan. Chair Sarnoff You're recognized for the record, Mr. Linn. James Linn: Thank you, Mr. Chairman, Commissioners. The FIPO ordinance basically implements the action that this Commission took with respect to the firefighter and police pension plan, and basically the ordinance makes six changes to the current provisions of the plan. It changes the average final compensation, which is currently the highest single year of employment to the highest five years average, and that would be phased in over four years and it does contain a proviso that in no event will average final compensation be less than the highest City of Miami Page 51 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 one-year average as of September 30. The second change is that it changes the normal retirement age; currently, age 50 with ten years or Rule of 64 for firefighters and Rule of 68 for police officers. Effective September 30 for members who have not already reached normal retirement age, the new normal retirement age would be Rule of 70, with the minimum age 50 and 10 years of service. There is in both ordinances protection, language to protect the accrued benefits of the members. And basically what this language provides is that any participant who is employed and not already in the DROP (Deferred Retirement Option Plan) as of September 30, 2010 may elect to receive their accrued benefit as of that date; and if they elect to receive their accrued benefit at any point before the new normal retirement date, they could receive it in accordance with the current plan provisions, including the current normal retirement date, and then any portion of a benefit that they earned based on service on and after October 1 of 2010, they would be eligible to receive at the new normal retirement age. The benefit multiplier is also being changed in this ordinance. Currently it's 3 percent per year of service for the first 15 years and 3.5 percent after 15 years. Effective September 30 for service after that date, the multiplier will be 3 percent and the participants will retain whatever multiplier they had earned based on their accrued benefit up to that date. The maximum benefit is also being modified. Currently it's 100 percent of average final compensation and the ordinance adds to that a maximum benefit of $100,000, but there is a proviso that says that in the event the member's accrued benefit as of September 30, 2010 is already in excess of $100,000, that that would be their benefit, that they couldn't get any less than what they had accrued as of September 30. And the last area of change is the normal form of benefit, which currently there is an automatic 40 percent joint and survivor benefit for married members that is built into the plan. That is being changed to a new normal form of benefit, effective October 1, of life and ten years certain, which -- for all members, which basically means that all members would have the form of benefit unless they elected a different survivor option of a lifetime benefit, but in the event that the member died within ten years following retirement, the same benefit would be paid to their designated beneficiary for the remainder of that ten-year period. The ordinance provides that members can still elect the 40 percent joint and survivor benefit for their spouse, but that if they elect that survivor option, their benefit would be actuarially reduced so that it wouldn't be at the cost of the plan. That summarizes the FIPO changes and I'd be happy to answer any questions you might have. Chair Sarnoff. All right. Before we do that, why don't we see if there's a motion and then we can take up discussion. Commissioner Suarez: So moved. Chair Sarnoff. We have a motion by Commissioner Suarez. Is there -- Commissioner Dunn: Second. Chair Sarnoff. -- a second? Second by Commissioner Dunn. Discussion, gentlemen? Is this a public hearing? All right. Let me open up a public hearing. Anyone from the public wishing to be heard, please step up on SP. 10. Hearing no one, seeing no one, the public hearing is now closed; coming back to the Commission. Any Commissioners wish to be recognized? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized, the Vice Chair. Vice Chair Carollo: I think the attorney clarified my question, but just to confirm what I believe he said. Is this ordinance -- is the intent of the City through this ordinance to establish what we voted on back in the last Commission meeting? Mr. Linn: Yes. City of Miami Page 52 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 SP.11 10-01093 Department of Employee Relations Vice Chair Carollo: Thank you. Chair Sarnoff All right. So Madam City -- Anyone else wish to be heard? All right. Madam City Attorney -- Madam -- yeah, sorry. Madam City Attorney, it is an ordinance. Ms. Bru: This is an ordinance on first reading. The Ordinance was read by title into the public record by the City Attorney. Ms. Bru: It would provide for an immediate effective date once it's approved on second reading. Chair Sarnoff All right. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-246 AND 40-255 MAKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01093 Legislation.pdf 10-01093 SR Summary Form.pdf 10-01093 SR Legislation.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Direction by Vice Chair Carollo to the Administration to meet with the unions before this ordinance is brought back for second reading to address their concerns regarding this item. Direction by Chair Sam off to the Administration to provide examples of the changes enacted by this ordinance, in five-year increments of employment, so employees understand the tangible effects of this legislation. Chair Sarnoff All right. Julie O. Bru (City Attorney): The second ordinance is SP.11, and it's the GESE (General Employees and Sanitation Employees) plan. And Mr. Linn, do you want to brief them on the changes? James Linn: Sure. Mr. Chairman, Commissioners, the -- this ordinance also implements the action that you took at your last meeting with regard to changes in the retirement system for City of Miami Page 53 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 general employees and sanitation employees, which we call GESE. This ordinance changes the average final compensation to the highest five consecutive years of the last ten years of service, which would be phased in over the next three years, and it contains the same proviso that in no event would average final compensation of any member be less than the member's two-year average as of September 30, 2010. The ordinance also changes the normal retirement age. It's now age 55. The new normal retirement age is age 60 with ten years of service or age 55 with 30 years of service. Members who have already reached age 55 would continue to be eligible to retire under the current plan provisions. The ordinance also changes the member contribution rate for members of the two AFSCME (American Federation of State, County, and Municipal Employees bargaining units from 10 percent to 13 percent, effective October 1, 2010. The ordinance modifies the benefit multiplier that will be applied to future service, that is, service on and after October 1, 2010. For service before October 1, the current 3 percent multiplier would apply. For service after October 1, it -- the multiplier would be 2.25 percent for the first 15 years, 2.5 percent for years 16 to 20, and 2.75 percent for 20 plus years. The GESE ordinance also contains a very similar accrued benefit protection clause to ensure that members who are employed on September 30 retain their accrued benefit as of that date and may elect to receive that accrued benefit in accordance with the plan provisions before these changes at any time on or after the current normal retirement age. And then members who do elect to receive their accrued benefit at some point before the new normal retirement age can receive that portion of their benefit, that is the accrued benefit as of September 30, 2010 at that point. And that the benefit for any service on or after October 1 would be -- they'd be eligible for that benefit at the new normal retirement age. The provision for vested terminated members, which is currently age 55, that is members who vest in the retirement plan and leave the City before retirement age is being changed from age 55 to age 60 with ten years of service. The normal form of benefit is being changed to a life annuity. Currently, the plan provides for a 40 percent joint spouse survivor annuity for married members. Under the ordinance, the -- effective September 30, the new normal form of benefit would be a life annuity for all members. Married members could still elect the 40 percent joint spouse survivor annuity, but the member's benefit would be actuarially adjusted to reflect the cost of that survivor benefit. And finally, the same limitation on benefits is being placed in the GESE plan as was put in FIFO, which is the lesser of 100 percent of average final compensation or $100,000 with the proviso that any member who already has an accrued benefit in excess of $100,000 as of September 30 would retain that as the minimum benefit. Those are the changes briefly summarized in the GESE ordinance. I'd be happy to answer any questions. Chair Sarnoff All right. Let's open up to a public hearing. Anyone from the public wishing to be heard on SP.10, please step up. You're recognized for the record, Mr. Cox. Charlie Cox: Charlie Cox. There are some questions I have. That what was given to us and was given to y'all. If you start here -- let's start off with one question. If you start here when you're 18, 19 years old and you can't retire up until $100,000, do you know how long that person, if you're now having to retire at the age they're requiring here, will be here as an employee? Well, if you're 60 and you start at 20, that's 40 years of service. Okay, we have a 3 percent multiplier. That was not talked about when your speech was given. That would then equal 120 percent of your pay, which we have people now -- we had a Solid Waste guy that worked 44 years with the City that's been retired and his pension was well over 140 percent. Now you're capping it at $100, 000 from what he's telling you, and what's going to happen 40 years from now? You're also -- we're expected to pay 13 percent that I do not believe was brought up originally in your presentation that you voted on, and now they're saying we have to pay the 13 percent. We have executives on our plan and I've never objected to that, any City employee that could be eligible for that plan. But I also think if we're -- if the employees are paying 13 percent, the executives should pay 13 percent, too, not 10 percent and they're excluding executives from paying that 13 percent. I have a bunch of questions. I mean, I imagine it's going to be passed on first reading. And what I will do is provide you with the questions that I believe are different from what was presented to us and to you at -- when you voted to impose on us, okay. That way I don't take City of Miami Page 54 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 more than two minutes. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on SP.11? Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street. The only thing I have to say as a City resident, you were elected to represent us, okay. Just have in mind that out there it's a very poor city, okay. (UNINTET,TIGIBT,F) -- I don't -- it's very hard sometimes for people that make a lot of money, a lot of money retirement to be at the same level. And like I told my daughter, move to the City. Then when you are living in the City -- there are thousand of City employees that live out of the City will control who sits in those seats. But as long as they live out of the City, you have to represent the people of the City that are not here today. They're not here today but you have to represent them. Okay, thank you. Chair Sarnoff Thank you. You're recognized for the record. Joe Simmons: Joe Simmons, Jr., president of Sanitation workers union, City ofMiami, AFSCME Local 871. I'm a little disturbed by the way this item has been presented. The City has declared impasse against all unions, including us, but meanwhile you're trying to implement these changes publicly. At the very least, it seems to be a misrepresentation of the information. On a daily basis I go to Legistar through the Clerk's office to look at the attachments prior to coming to these meetings. I went as early as this morning and there was no attachments that I could pull up on these particular items. In order for us to review the information and whatever questions have asked could be answered. At the very least, we really don't understand what changes are going into effect. What I do understand, what the Commission passed as a resolution a few week -- a few days ago. We need to make sure that we -- that our members understand the changes he's implementing. Like Mr. Cox referenced a few moments ago about someone that starts when they're 18 or 19, well, I'm one example of that. I started when I was 20 years old, 19 years plus of service. The change that you implemented last year, which means -- well, last -- a few days ago, means now you have unfairly penalized my household. In six years would have been my Rule of 70. What you did added another 11 years of service on top of what I have to currently accrue. And keep in mind, I've got five people in my household. I'm the breadwinner in the household. It's been very tough with all of the concessions we did last year and now with the ordinance that we have now. My household personally is being unfairly penalized. If you're talking 60 with 10 years of service, I would have to do 35 years just to meet that rule of eligibility. And it just seems like if your problem is outrageous payouts, then address that. There was reference to firemen and police in the newspaper about the extravagant benefits that they claim that they have. Well, this is something that the City gave them coming in, so I wouldn't say that it's a bad thing. It's the system that they came into. It had nothing to do with them. In Solid Waste, the average guy lives five years after he retires because of all of the toxins that they inhale during the course of their career. My father, he worked in the Department 37 years. He passed away June 14, '09, five years after retirement. That's the average life expectancy of Solid Waste. So I just ask that -- at least to defer this item so we can have a better understanding because I have a thousand questions I have to ask because I really don't understand what you guys are implementing. People are coming to us asking us questions, and if we don't know, we don't know. So we're supposed to be in partnership together, not enemies. We're supposed to be in partnership and this here is not a partnership by doing this fashion. Thank you. Chair Sarnoff Thank you. Anyone else in the public wishing to be heard on SP.11, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff Motion by Commissioner Suarez. City ofMiami Page 55 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Vice Chair Carollo: Second for discussion. Chair Sarnoff Second by Commissioner Carollo for -- Vice Chair for discussion. You're recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. I first would like to begin by saying that I received all this material yesterday afternoon, so I haven't had much time to read it over either. It is first reading, so I'm leaning towards again approving it. However, I do want to direct the Administration to meet with the unions, make sure they understand, see their concerns. I think there was a few that were raised that, you know, I may have a concern with. So at the very least, I need everybody to understand exactly what's being placed here. I think -- I don't know when exactly they -- you know, it was posted on the Internet or not. Like I said, I actually received it yesterday afternoon. I'm not going to get into the five-day rule. I know it's a special meeting. However, if -- you know, I will be voting yes today. I will be approving it today. However -- 'cause it's first reading. On second reading, I will not be approving it if we still have issues with exactly what's in here and so forth. Thank you. Commissioner Gort: Mr. Chair. Chair Sarnoff You're recognized for the record, Commissioner Gort. Commissioner Gort: I requested from the Administration to make sure that we sit down with the directors of the departments, with the unions and make sure everyone understand what the plans that have been approved. Right now you got all kinds of rumors going around and that's why you have so much problem with the employees. I mean, nobody really knows how the plan is going to affect them. Andl think it's very important for the second reading that we sit down, we make sure that the union presidents and the directors of the departments, and the people know about their plan. We've got to make sure. Thank you. Chair Sarnoff Commissioner Suarez? No. Mr. Manager, what is the basis under which we're proceeding, excluding executives? Carlos A. Migoya (City Manager): The intent was not -- it wasn't executives. It was nonunion versus union people. Chair Sarnoff Okay. Mr. Migoya: So obviously there's a lot of -- Chair Sarnoff I didn't mean to misspeak. I meant -- I should have used that. Mr. Migoya: Right. The intent was always to include everybody at the 13 percent. However, when we did that presentation, we meant -- it was introduced to say that it was -- to continue at the same level as it is today, and we frankly missed that. So it -- whether we do it today or we do it at second reading, I would probably encourage you to change that to say that it's 13 percent for all the employees. Chair Sarnoff So can you bring that back on second reading? Mr. Migoya: Be happy to, sir. Chair Sarnoff Okay. Could you also -- with regard to what Commissioner Gort asked, could you provide examples of employees in five-year increments, five-year employee, ten-year employee, fifteen -year employee, twenty-year employee, so they could look at how it affects them? In terms of -- you know how we did that with start dates and then we give five-year City of Miami Page 56 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 projections so they could actually see the tangible feel. Mr. Migoya: We're happy to do that. We've already sent out e-mails (electronic) to all the employees as it relates to wages and pension. The next step was around the health care, which actually we started with yesterday having a meeting with all the directors as far as what the health -- the new health care plan, outside of FOP (Fraternal Order of Police) -- or outside of Police, how it impacts from that perspective. And we will continue to have more communications with everyone as to how all these things get impacted. So, yes, we will be doing a lot more training. And you're absolutely right, Commissioner Gort, there's an awful lot of miscommunication out there and uncertainty. I think predominantly right now it's more on the health care side, but we will continue to have repetition around all the different impacts of both wages, health care, and pension. Chair Sarnoff. I just want to strongly urge you to -- you know, reading an ordinance is sort of like reading your mortgage. I don't know anybody that's really ever read their mortgage, but if you give somebody an example of what your payments are going to look like and how much you inevitably will pay over your -- you borrow $100,000, you pay 260 back or something like that, and you can see over the course of the years what it's like. It's the same thing with a pension, you know. And if you could give them hard examples -- I know you're not going to be able to zero in on one person nor should you, but you could break it in five-year increments and give them examples of how it will affect them. The average Joe is not going to read an ordinance and say I completely understand how this is going to affect me, and yet, I know you have 3,800 to 4,000 employees that have questions. So if you could -- and I've seen your firm do a very good job of creating exemplars -- do it in five-year increments so that people can get at least a feeling of how it feels to the, and then they can come to you or to the Administration or whoever you designate with more tangible questions just so that we can get away from the rumor to the fact. Mr. Migoya: Happy to, sir. Thank you. Chair Sarnoff Good. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: Thank you. And if you do five-year increments, can you use averages? In other words, not the lowest paid or not the highest paid, but you know, the average salary of a five-year employee, a ten-year employee and so forth. Mr. Migoya: Will do. Vice Chair Carollo: Thank you. Chair Sarnoff. All right. Anyone else? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Sarnoff. Madam Clerk. Priscilla A. Thompson (City Clerk): Before the roll call, I just want to make sure with the City Attorney that the changes that you mentioned, would that be a modification to today's first reading or do you just want to wait until second reading? Ms. Bru: We will bring those substantive and technical changes for the 27th. City of Miami Page 57 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Ms. Thompson: Thank you. So the roll call will be for this on first reading as presented. Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. END OF FIRST READING ORDINANCES RESOLUTION SP.12 RESOLUTION 10-01040 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING: 1) JACK R. BLUMENFELD, 2) TERESA POOLER, AND 3) JUAN C. CURA, AS SPECIAL MASTERS TO SERVE AS HEARING OFFICERS TO PRESIDE OVER VEHICLE IMPOUNDMENT PROCEEDINGS AND RENDER WRITTEN FINDINGS AND RULINGS; AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL SPECIAL MASTER AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE DEPARTMENT OF POLICE, ON AN AS -NEEDED CONTRACTUAL BASIS, FORA PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS, IN AN AGGREGATE AMOUNT NOT TO EXCEED $100,000; ALLOCATING FUNDS FROM THE POLICE GENERAL OPERATING FUND, ACCOUNT CODE 00001.190104.531000.0000.00000. 10-01040 SUMMARY FORM.pdf 10-01040 LEGISLATION.pdf 10-01040 EXHIBIT.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0351 Chair Sarnoff All right, SP.12. Steven Caceres (Major, Police): SP.12 is a resolution appointing three special masters; authorizing the Manager to execute individual agreements, in substantially the attached form, for the Police Department, on as -needed contractual basis, for a period two years, with options to renew for two additional one-year periods; total compensation of 100,000 for a special master, 25,000 per year. And this is for the VIP (Vehicle Impoundment Program) program for the special masters. Chair Sarnoff All right. Is there anyone wishing -- Commissioner Suarez: Move it. Chair Sarnoff -- to be heard on SP.12? Mr. Cruz, you're recognized for the record. Mariano Cruz: Sure. Mariano Cruz 1227 26th Street; also the chairperson of the ABDA, Allapattah Business Development Authority. I have a question about a name here, Juan Carlos City of Miami Page 58 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Cura. You know why? I will tell you a horror story about this person. 1861 Northwest 19th Street is a building, four -unit building, three bedroom units are owned by Mrs. Fernandez. She called me and complain that she has given a violation of dumping because somebody dump a sofa in front of the swale in front of her house. So sanitation inspector called, gave her the ticket, she appealed, and she goes in front ofMagistrate Cura, you know, a kangaroo court, and that's what it was. No. You know, the British law principle say you are innocent till proven guilty. No, there you are guilty and you got to prove your innocence. How they was -- the lady argue to no avail. Let me say -- the guy say this magnificent. He say, oh, we're not going to give you $500, but you got to pay $100. So what is -- oh, because the City -- is that cash register justice or whatever? Who saw the lady dump? Nobody saw her. Somebody dump. And it happen to 1748 33 Street, owned by (UNINTELLIGIBLE) Perez. Somebody dump trash in the swale area too. They gave her the $500 ticket, Code violation. Is the Code supposed to be for compliance or to bring money to the City? That's not the way it's supposed to be, and you know that. And people in Allapattah, they don't know their rights. Well, I know their rights. I know my rights, and that's what I do there. I avail the people there. So I am against -- Cura is already a magistrate for Sanitation and Code Enforcement and now he want to be here too? So he (UNINTELLIGIBLE) -- he's coming. Keep the green coming, too. Chair Sarnoff Thank you. Mr. Cruz: Thank you. Chair Sarnoff. I may hire you later. All right, anyone else from the public wishing to be heard? I agree with a lot of what Mr. Cruz has to say. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Suarez: Move it. Commissioner Gort: I'll second it for discussion. Chair Sarnoff. Motion by Commissioner Suarez, second by Commissioner Gort. Commissioner Gort's recognized for the record. Commissioner Gort: My question is the -- those people can serve as magistrate in three different places? Mr. Caceres: I'll yield to the City Attorney. Commissioner Suarez: Smart. Julie O. Bru (City Attorney): Yeah. There's no prohibition on that. Commissioner Gort: There's no prohibition. They'll get paid for each one? Ms. Bru: Yes. Commissioner Gort: In other words, there will be (UNINTELLIGIBLE) --? Ms. Bru: I think one of them is already a special magistrate for Code enforcement processes. Commissioner Gort: Right. Ms. Bru: I think Jack Blumsfield [sic], I think. Commissioner Gort: But they do get paid for the -- by the City? City of Miami Page 59 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 Ms. Bru: Yes. Commissioner Gort: Okay. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. Vice Chair is recognized, then we'll go to Commissioner Suarez. Ms. Bru: Blumenfeld. Vice Chair Carollo: Is it possible to have Code Enforcement or one of the boards -- the City boards actually hear the cases instead of having to pay a magistrate? George Wysong: The reason we have a sep -- George Wysong, Assistant City Attorney. The reason that there's special masters for the Vehicle Impoundment ordinance is there's a different standard under the ordinance. It's a clear and convincing standard. Under the Code Enforcement, it's more of an administrative preponderance of the evidence. Due to the litigation that we experience regarding the Vehicle Impoundment ordinance, we wanted to use -- for example, Teresa Pooler was one of the special masters when we initially started the Vehicle Impoundment ordinance, and -- as was J. C. Cura. So we wanted to bring that sort of legacy to start the system up and running. It just works better if we have special masters for the Vehicle Impoundment ordinance and then special masters for Code Enforcement. Vice Chair Carollo: And see three names. If we pass this, would these three names have a time period of service or -- of serving or would it be forever and --? Mr. Wysong: Well, no. There's a limitation to the agreements. Chair Sarnoff Two years. Mr. Wysong: And essentially, we're filling the bullpen. We're not going to be using all three of these individuals. As the need for a special master arises, they will come in. We're -- I think we're anticipating, you know -- in the beginning, it'll be very slow; two hours a week, maybe. As the Vehicle Impoundment ordinance is enforced more, there may be more, like six hours a week. In its heyday, we were doing about six hours a week under the $1, 000 penalty, which motivated people to request hearings. Under 500, we don't know -- $500 penalty, we don't know what kind of response we're going to have. Vice Chair Carollo: And would it be on a rotating manner or --? Mr. Wysong: Yes, and availability because they're all practicing attorneys. So this is a lot of time and commitment that they'll have to give us. Ms. Bru: Commissioner, this agreement provides for a two-year contract, a two-year term with an option -- the City's option to extend for two additional two-year terms. Vice Chair Carollo: Gotcha. Chair Sarnoff Commissioner Suarez. Sorry. Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I don't know the individual personalities and, obviously, being a special magister [sic], I'm sensitive to Mariano's concern that everyone should be treated with respect when they go before a special magister [sic], and certainly, that's a concern that I have. But one thing that did jump out at me when I saw this agreement is that City of Miami Page 60 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 it's $100 an hour andl thought to myself, my God; what other attorneys are we paying $100 an hour in the City ofMiami. I wish that was a standard cost for outside counsel, $100 an hour; we'd be saving a lot of money. And then there's a limitation that it's -- Vice Chair Carollo: With a cap. Commissioner Suarez: -- not to exceed -- Yeah. Vice Chair Carollo: With a cap. Commissioner Suarez: With a cap, on top of everything else. So you know -- again, of course, if the process wasn't necessary and we could save $100,000, that would be fantastic; I agree with the Vice Chairman wholeheartedly. But given the concerns that you have, which I think are legitimate, you know, I think a hundred bucks an hour, I mean, can't get any better than that, Mariano. That's about as inexpensive as you can pay a lawyer. Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized for the record. Commissioner Dunn: This one is for my colleague. Maybe I missed my calling, huh? Chair Sarnoff He's right, that's dirt cheap. All right, anybody else wishing to be heard? You know, Mr. Cruz, I'll tell you, I don't know any of these people, or ifI do, I don't know them by name. Andl know we paid, was it 4 million or 1.7 million, in settlement for our Vehicle Impoundment resolution? So I don't recall the exact number, but if we do it wrong and we don't get it right, we'll be writing a very big check based on a class action. Commissioner Gort: Right. Mr. Chairman. Chair Sarnoff All right, you're recognized, Commissioner Gort. Commissioner Gort: No. I agree. We got to -- we have to have them because it's part of the ordinance andl agree with it. My question, once again, goes to this master is the -- if they serve in two different boards or three different boards, they get $25,000 on each one? Ms. Bru: They're not serving on a board. They're providing -- Commissioner Gort: I mean -- Ms. Bru: -- services to a -- Commissioner Gort: -- providing services. Ms. Bru: Yeah. It's separate engagement agreements. Commissioner Gort: It's separate engagements, so they'll get $75,000 if they're serving three of them. Ms. Bru: Well, it's $100 an hour on this engagement. Commissioner Gort: Oh. And there's a limit -- okay, I understand. Ms. Bru: Right. City ofMiami Page 61 Printed on 10/8/2010 City Commission Meeting Minutes September 14, 2010 NA.1 10-01129 Commissioner Gort: Okay. Ms. Bru: It's not a -- you know -- Commissioner Gort: There's a cap of -- Ms. Bru: Right. Commissioner Gort: Okay. Ms. Bru: Correct. Commissioner Gort: All right. Okay. Chair Sarnoff Anyone else? All right, it's a resolution, thank goodness. All right, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right, we are not going to adj -- we're just going to recess till 4: 30. Is that fair? END OF RESOLUTION NON AGENDA ITEMS DISCUSSION ITEM BRIEF COMMENTS BY MAYOR TOMAS REGALADO ON THE BUDGET PROCESS FOR THE CITY OF MIAMI'S FY 2010-2011 BUDGET. DISCUSSED Chair Sarnoff Mr. Mayor, do you wish to address the Commission? Mayor Tomas Regalado: Thank you very much, Mr. Chairman. This is a special meeting that I called as part of the budget process, and hopefully we'll all be ready for this evening budget process; looking forward to it. We have several ordinance and department directors that will be presenting the ordinance to you. Chair Sarnoff Thank you, Mr. Mayor. Mayor Regalado: Thank you. ADJOURNMENT A motion was made by Commissioner Dunn, seconded by Vice Chair Carollo, and was passed unanimously, to adjourn today's meeting. City of Miami Page 62 Printed on 10/8/2010