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HomeMy WebLinkAboutCC 2010-09-16 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, September 16, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn II, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 16, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 10-00783 PRESENTATION Honoree Presenter Protocol Item Beth Lang Mayor Regalado Salute (Better Way of Miami, Inc.) Community Heroes Albert Davila Al Diaz Moises Gonzales Deborah White-Labora Christopher Labora Amanda Labora Ian Vaquero Certificates of Commendation Special Presentation The US Census Bureau - Partnership and Data Service expresses its appreciation to the City of Miami 10-00783 Protocol.pdf PRESENTED Chair Sarnofff. Right now we will recognize our Mayor, Tomas Regalado. Mr. Mayor. Mayor Tomas Regalado: Thank you, Mr. Chairman. Presentations made. Mayor Regalado presented a salute to Beth Lang, recognizing her outstanding service, leadership, and commitment to providing substance abuse treatment and counseling in South Florida for almost three decades while working for Better Way Miami, Inc. Mayor Regalado presented Certificates of Commendation to Albert Davila, Al Diaz, Moises Gonzales, Judge Deborah White-Labora, Christopher Labora, Amanda Labora, and Ian Labora, recognizing them as Outstanding Citizens and thanked them for enriching the City ofMiami as strong role models for our youth and young adults through a critical act of civic responsibility and personal sacrifice. Commissioner Suarez presented a proclamation to Rebuilding Together Miami -Dade, for contributing their time, energy, and expertise for strengthening our community, and commended their efforts towards eliminating poor housing and homelessness from Greater Miami by working with people of all backgrounds to rehabilitate houses for families in need. Mayor Regalado recognized Winnie Tang, United States Census Bureau, for helping the City of Miami identify citizens that live in the City so residents could be represented in the census. Mayor Regalado thanked Alex Gonzalez, Waste Management, for presenting a check in the amount of $25, 000, and keys to two (2) sanitation trucks, to be awarded to the City of Port de Paix, Haiti. City ofMiami Page 3 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 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 16th 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 regular session. The meeting was called to order by Chair Sarnoff at 9:40 a.m., recessed at 10: 21 a.m., reconvened at 10: 37 a.m., recessed at 1:24 p.m., reconvened at 3:30 p.m., and adjourned at 5: 22 p.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 Sarnofff. I want to welcome everybody to the September 16, 2010 meeting of the City of Miami Commission in these historic chambers. You probably have a very fatigued Commission. For those of you that don't know, yesterday we were here till about 4 o'clock in the morning. And it was -- you know, it's a hard thing to believe. It was yesterday. So I think the Manager -- and for those of you out there, you have a very exercised and very attentive Commission that I think has some -- a little -- I know I have some fatigue issues. And if you just get by with us today, we'll do the best we can. The members of the City ofMiami Commission are Frank Carollo, the Vice Chairman, Francis Suarez, Wilfredo Gort, the honorable Reverend P. Dunn, and myself, Marc David Sarnoff, the Chairman. Also on the dais today we have the Mayor, Tomas Regalado; Carlos A. Migoya, the City Manager; Julie O. Bru, the City Attorney; and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Dunn and a pledge of allegiance by Commissioner Suarez. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Sarnofff. Madam Clerk, have there been any mayoral vetoes? Priscilla A. Thompson (City Clerk): There are none, sir. APPROVING THE MINUTES OF THE FOLLOWING MEETINGS: Motion by Commissioner Gort, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Gort, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Gort, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Gort, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. City ofMiami Page 4 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Motion by Commissioner Gort, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnoff All right. I understand that we have some minutes to approve. I understand that we have to approve the special meeting of June 21, the regular meeting ofJuly 8, the Planning & Zoning meeting of July 22, which was continued to July 29, 2010, the special meeting of July 22, 2010, and the special meeting of July 29, 2010. Priscilla A. Thompson (City Clerk): That is correct. Chair Sarnoff All right. Is there a motion by any of the Commissioners? Commissioner Dunn: Mr. Chairman -- Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff We got a motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. END OF APPROVING MINUTES ORDER OF THE DAY Chair Sarnoff All right, PH.1. Priscilla A. Thompson (City Clerk): Chair, may I -- Chair Sarnoff Yes. Ms. Thompson: -- ask a question? And I apologize. Normally you would go ahead and decide or determine if there are any items to be deferred, whatever. Chair Sarnoff Oh, I apologize. Ms. Thompson: So if you want to do that --? Chair Sarnoff Yes, yes. Ms. Thompson: Thank you. Chair Sarnoff Mr. Manager, let's start with you. Are there any items on this agenda you want to have deferred or heard out of order or not heard at all? Carlos A. Migoya (City Manager): Yes, sir. There's several items we would like to defer and one to withdraw. We would like to defer SR.1. We would like to also defer FR.15, RE.9, and RE.11, all to September 23. City ofMiami Page 5 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Gort: What was the second one? Mr. Migoya: SR.1, FR.15, RE.9, and RE.11. Commissioner Gort: Got it. Thank you. Mr. Migoya: All to September 23. Commissioner Suarez: So moved. Vice Chair Carollo: To what date? Mr. Migoya: September 23, next meeting. Chair Sarnofff. I just -- before we -- want to grasp what those issues are. To September 23? Vice Chair Carollo: Mr. Manager. Mr. Migoya: And then I would like to withdraw -- Vice Chair Carollo: Okay. Mr. Migoya: I haven't -- I went through the deferrals only. I would like to withdraw FR.3 and FR.14. Chair Sarnofff. FR.3. Mr. Migoya: And FR.14 -- through. Ms. Thompson: Through. Vice Chair Carollo: Through F -- Mr. Migoya: Through, I'm sorry. FR.3 through FR.14. Thank you very much. Chair Sarnofff. Through FR.14. Commissioner Suarez: I amend my motion to defer or withdraw. Mr. Migoya: Sorry but -- Chair Sarnofff. That is a withdrawal? All right. Mr. Migoya: Yes, sir. Commissioner Gort: Make sure you let them know you made that decision a long time ago. Vice Chair Carollo: Still feeling yesterday's party, right? Mr. Migoya: No. I was just breaking up deferrals from withdrawals. I wanted to make sure we did the two separately. Chair Sarnofff. We presently have a motion to, I guess -- I always call it -- continue to the September 23 meeting. City ofMiami Page 6 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Thompson: Yes. Andl heard the mover. I didn't hear the seconder. Commissioner Gort: Second. Chair Sarnoff. All right, Commissioner Gort's the seconder. SR.1, FR.15, RE.9, RE.11; that's correct, Mr. Manager? Mr. Migoya: Yes, sir. Chair Sarnoff. All right. Ms. Thompson: And the withdrawal of? Chair Sarnoff. Well, let's do it separately. Ms. Thompson: Okay. Chair Sarnoff. So on the continuance to the September 23 meeting, any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff. Okay. You have a unanimous vote. You have a motion to withdraw by the Manager, FR.3 -- or do you need a motion for that? You do. FR.3 through FR.14, is there a motion? Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff. All right. We have a motion by the Vice Chair, second by Commissioner Dunn. Any discussion on that, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. Chair Sarnoff. Do any of the Commissioners wish to have any items either taken out of order or taken off the agenda? All right, let's get started. [Later...] Chair Sarnoff. (INAUDIBLE) session. I know that you -- I know that we still have CA.3 out there. I thought you were going to be providing -- the Administration was going to provide something to the Commission. I don't know if the other Commissioners have gotten something. I don't recall getting anything in the past hour and a half. But be that said, why don't we move to FR.1 ? Priscilla A. Thompson (City Clerk): Chair, ifI might ask. When you recessed, you actually had started the discussion of RE.8. Do you intend to come back to that? Chair Sarnoff. I was going to come back to it. Ms. Thompson: Okay. City ofMiami Page 7 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff So if anybody wanted to do it -- I don't think it was discussed that we need to go right to that. Ms. Thompson: No. I just wanted to make sure so I can -- Chair Sarnoff Yeah. Andl see it's still there, andl have it written down as needing to come back to it. Ms. Thompson: Thank you. CONSENT AGENDA CA.1 RESOLUTION 10-00953 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID Fire -Rescue RECEIVED JUNE 30, 2010, PURSUANT TO INVITATION FOR BID NO. 210224, FROM BROADWAY MINERVA CLEANERS, LLC D/B/A MINERVA BUNKER GEAR CLEANERS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE PURCHASE OF BUNKER GEAR INSPECTION, CLEANING, AND REPAIRS, FOR THE DEPARTMENT OF FIRE -RESCUE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00953 SUMMARY FORM.pdf 10-00953 BID TABULATION.pdf 10-00953 INTERTEK ETL NEPA 1851 VERIFIED ISP'S.pdf 10-00953 FIRE DEX LETTER. pdf 10-00953 CERTIFICATE OF PARTICIPATION.pdf 10-00953 EMAI L. pdf 10-00953 ADDENDUM NO.1.pdf 10-00953 INVITATION FOR BID.pdf 10-00953 LEGISLATION. pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0376 Chair Sarnoff All right. Let's move on then to CA.1. Commissioner Gort: The question that I have, it shows in the background information the estimated cost for $22,000. When you go further, you see for $122, 000. What's the cost? Chair Sarnoff Mr. Manager. Carlos A. Migoya (City Manager): Sir? I apologize. City ofMiami Page 8 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Gort: CA.1, when you look at the introduction, it says the -- therefore (UNINTELLIGIBLE) -- the total estimated annual amount is $22,000. Then when you go deeper and look into the paper, the total cost is 122, 000. Mr. Migoya: We have Chief Duren. Reginald Duren (Deputy Fire Chief): Chief Duren, Fire -Rescue. Mr. Commissioner, I'm looking for that detail as described. Commissioner Gort: No. It's very simple. CA.1, when you look at the first page, background information. When it gives you the background information, it give you a total annual amount of $22, 000. When you look into the bids that were brought in, the person selected, the total amount was 124,000 [sic]. Deputy Chief Duren: The anticipated cost is over an annual period not to exceed 22,000. Perhaps that is the duration of the contract is what it's addressing. Commissioner Gort: Okay. Twenty-two thousand dollars a year? Deputy Chief Duren: Annually, yes. Commissioner Gort: Annual. Okay, thank you. Deputy Chief Duren: Thank you. Chair Sarnoff All right. Do you want to move CA.1? Commissioner Gort: CA.1, move it. Chair Sarnoff We have a motion by -- Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Gort, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. CA.2 RESOLUTION 10-00954 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Fire -Rescue ATTACHMENT(S), ESTABLISHING A NEW SPECIAL REVENUE PROJECT ENTITLED: "STATE HOMELAND SECURITY GRANT PROGRAM SUB -RECIPIENT AGREEMENT FOR EXPENDITURE OF LOCAL GOVERNMENT UNIT FUNDING FOR FLORIDA URBAN SEARCH AND RESCUE ("USAR") TASK FORCES (YEAR 2009-2010)" AND APPROPRIATING FUNDS, IN THE AMOUNT OF $88,582, CONSISTING OF A GRANT FROM THE STATE OF FLORIDA, DEPARTMENT OF FINANCIAL SERVICES, TO BE USED BY THE DEPARTMENT OF FIRE -RESCUE TO ACQUIRE EQUIPMENT, AND PROVIDE TRAINING OF IN -STATE FIRE MARSHAL APPROVED USAR TRAINING COURSES; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE City ofMiami Page 9 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 OF SAID GRANT. 10-00954 SUMMARY FORM.pdf 10-00954 PROJECT TITLE. pdf 10-00954 LEGISLATION. pdf 10-00954 EXHIBIT. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0365 CA.3 RESOLUTION 10-00955 Department of Parks and Recreation A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED JUNE 28, 2010, PURSUANT TO INVITATION FOR BID NO. 206204, FROM SAFEGUARD AMERICA, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF NINE (9), FIFTEEN (15) PASSENGER VANS, FORA ONE (1) MONTH PERIOD FROM JULY 14 THROUGH AUGUST 13, 2010, AND FOR A TWO (2) MONTH PERIOD BETWEEN JUNE AND AUGUST, 2011 FOR THE PARKS AND RECREATION DEPARTMENT SUMMER PROGRAM; ALLOCATING FUNDS FROM ACCOUNT CODE 0001.295999.544000.0000.00000. 10-00955 SUMMARY FORM.pdf 10-00955 AWARD RECOM MENDATI ON. pdf 10-00955 TABULATION BID.pdf 10-00955 DIVISION CORPORATIONS.pdf 10-00955 INVITATION FOR BID.pdf 10-00955 LEGISLATION. pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0355 Chair Sarnofff. All right, CA.2. Vice Chair Carollo: CA.3. Commissioner Gort: CA.3. Chair Sarnofff. Okay, sorry about that. CA.3, rental passenger vans. Commissioner Gort: My question is that the -- do we have the cost? Can you give me the cost -- and we'll bring it up later on -- of the past two years on the cars that we use for the summer? Ernest Burkeen (Director, Parks & Recreation): For the vans? Commissioner Gort: Yes. Mr. Burkeen: For the past three years? City ofMiami Page 10 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Gort: Yeah. Mr. Burkeen: I think we can probably get it. Yes. Commissioner Gort: Okay. Mr. Burkeen: All right. Commissioner Gort: Thank you. Chair Sarnoff You want to table that 'til the end? Commissioner Gort: Right. Chair Sarnoff All right, let's table CA.3. Madam Clerk, please remind me that it needs to be taken up before the close of the Commission. Priscilla A. Thompson (City Clerk): Yes. [Later..] Chair Sarnoff Let's start at FR.1. Mr. Burkeen: You're talking about CA.3? Chair Sarnoff Yeah. Weren't you --? Mr. Burkeen: I have the -- Chair Sarnoff -- Mr. Burkeen, weren't you supposed to --? Mr. Burkeen: -- numbers that I thought was going to provide for the Commissioner. Chair Sarnoff You want to proceed with it or you move it? All right, so we -- all right, let's go to CA.3. Now we have -- CA.3, we have a motion by Commissioner Gort -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. CA.4 RESOLUTION 10-00957 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH and Recreation ATTACHMENT(S), ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "MARGARET PACE EXERCISE EQUIPMENT," AND APPROPRIATING FUNDS CONSISTING OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $50,000, FOR THE PURCHASE AND INSTALLATION OF OUTDOOR EXERCISE EQUIPMENT AT MARGARET City ofMiami Page 11 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 PACE PARK, LOCATED AT 1775 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA; FURTHER AUTHORIZING THE ACCEPTANCE OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 10-00957 SUMMARY FORM.pdf 10-00957 PRE RESOLUTION CRA.pdf 10-00957 LEGISLATION. pdf 10-00957 EXHIBIT. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0366 CA.5 RESOLUTION 10-00958 Department of Parks A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING A and Recreation SPECIAL REVENUE PROJECT ENTITLED: "MARGARET PACE PLAYGROUND SHADE STRUCTURE," AND APPROPRIATING FUNDS CONSISTING OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $60,000, FOR THE REPLACEMENT OF A WIND -DAMAGED PLAYGROUND SHADE STRUCTURE AT MARGARET PACE PARK, LOCATED AT 1775 NORTH BAYSHORE DRIVE, MIAMI, FLORIDA; AUTHORIZING THE ACCEPTANCE OF SAID GRANT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 10-00958 SUMMARY FORM.pdf 10-00958 PRE LEGISLATION CRA.pdf 10-00958 MEMO CRA.pdf 10-00958 FINANCIAL INFORMATION FORM.pdf 10-00958 LEGISLATION. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0367 CA.6 RESOLUTION 10-00960 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT ORDER WITH THE STATE OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION ("FDEP"), IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE FOR AN EXTENSION OF THE COMPLIANCE DEADLINE IMPOSED BY FDEP TO COMPLETE THE UPGRADES NECESSARY FOR THE LAWRENCE STORM WATER PUMP City ofMiami Page 12 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 STATION. 10-00960 SUMMARY FORM.pdf 10-00960 LEGISLATION. pdf 10-00960 EXHIBIT.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0368 CA.7 RESOLUTION 10-00962 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing ACQUISITION OF HAZARDOUS INCIDENT RESPONSE EQUIPMENT (HIRE) FROM VARIOUS VENDORS, AWARDED UNDER STATE OF FLORIDA CONTRACT NO. 991-312-06-ACS, EFFECTIVE UNTIL MAY 30, 2015, ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00962 SUMMARY FORM.pdf 10-00962 HIRE CONTRACT.pdf 10-00962 LEGISLATION.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0369 CA.8 RESOLUTION 10-00965 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Facilities ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A FOURTH AMENDMENT TO LEASE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND BEASLEY-REED (COLLECTIVELY THE "PARTIES"), TO EXTEND THE COMMENCEMENT DATE OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE OF APPROXIMATELY 2.2 ACRES OF CITY PROPERTY IN VIRGINIA KEY, FLORIDA, FROM JUNE 3, 2010 TO JUNE 3, 2011, WITH SIXTY (60) DAYS PRIOR WRITTEN NOTICE; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FURTHER AMENDMENTS TO THE COMMENCEMENT DATE OF THE PARTIES' MUTUAL RIGHT TO TERMINATE THE LEASE AS NECESSARY, BUT IN NO EVENT SHALL SUCH DATE BE LATER THAN SEPTEMBER 2, 2013. City ofMiami Page 13 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00965 SUMMARY FORM.pdf 10-00965 THIRD AMENDMENT LEASE AGREEMENT.pdf 10-00965 SECOND AMENDMENT LEASE AGREEMENT.pdf 10-00965 FIRST AMENDMENT LEASE AGREEMENT. pdf 10-00965 LEGISLATION. pdf 10-00965 EXHIBIT. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0370 CA.9 RESOLUTION 10-00972 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF TIRES, FROM GOODYEAR TIRE & RUBBER COMPANY, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING STATE OF FLORIDA CONTRACT NO. 863-000-10-1, EFFECTIVE THROUGH FEBRUARY 29, 2012, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE STATE OF FLORIDA; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00972 SUMMARY FORM.pdf 10-00972 STATE TERM CONTRACT. pdf 10-00972 CERTIFICATION OF CONTRACT. pdf 10-00972 LEGISLATION. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0371 CA.10 RESOLUTION 10-00973 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Purchasing PROCUREMENT OF TIRES AND RELATED SERVICES, FROM VARIOUS VENDORS, ON A CITYWIDE, AS -NEEDED CONTRACTUAL BASIS, UTILIZING EXISTING FLORIDA SHERIFFS ASSOCIATION CONTRACT NO. 09/10-04-0120, EFFECTIVE THROUGH FEBRUARY 28, 2011, SUBJECT TO ANY EXTENSIONS OR REPLACEMENT CONTRACTS BY THE FLORIDA SHERIFFS ASSOCIATION; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. City ofMiami Page 14 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00973 SUMMARY FORM.pdf 10-00973 TIRE OPERATIONS.pdf 10-00973 BID AWARD ANNOUNCEMENT. pdf 10-00973 BID AWARD ANNOUNCEMENT 1.pdf 10-00973 LEGISLATION. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0372 CA.11 RESOLUTION 10-00974 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE SOUTHEAST OVERTOWN/PARK WEST REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $500,000, FORA POLICE VISIBILITY PROGRAM FOR THE SOUTHEAST OVERTOWN/PARK WEST AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 10-00974 SUMMARY FORM.pdf 10-00974 PRE LEGISLATION CRA.pdf 10-00974 LEGISLATION. pdf 10-00974 EXHIBIT. pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0364 Chair Sarnoff All right, CA.11. Commissioner Dunn, you're recognized for the record. Commissioner Dunn: Yes. I believe this is a police visibility grant. I understand that when we implemented [sic] this, police will be paid overtime rate. Is that correct? Miguel Exposito (Chief of Police): Yes, sir. Commissioner Dunn: Can you explain, chief why this is, you know -- why is that the case? Chief Exposito: Well, the CRA (Community Redevelopment Agency) cannot use their funds to supplant regularly budgeted items. This is an extra service that's being provided, so therefore, it would have to be on an overtime basis. Commissioner Dunn: Is Mr. Mensah, George, is he around? Chief Exposito: Right. The CRA Attorney can verin, that. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, the Vice Chair. City ofMiami Page 15 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: Commissioner Dunn, I think in order to be able to use CRA fundings [sic] for police, it would have to be additional service, and that's -- Chief Exposito: Exactly. Vice Chair Carollo: -- why we would have to pay overtime. And I think we discussed it at the CRA meeting that -- I mean, in essence, we're paying a premium 'cause for these additional police officers, we have to pay the overtime rate. Because in order to use the CRA fundings [sic], we actually go beyond the normal service, so we can't just use CRA fundings [sic] for regular police -- Chief Exposito: Right. Vice Chair Carollo: -- patrolling. Commissioner Dunn: Okay. And CRA cannot spend TIF (Tax Increment Fund) dollars as well; that's correct, right? CRA cannot -- that -- so -- I mean, just so the people will understand because -- Chief Exposito: Right. Commissioner Dunn: -- it's been a lot of -- Vice Chair Carollo: I mean -- Commissioner Dunn: -- talk and that kind of -- Vice Chair Carollo: -- I'm not an attorney, so I would definitely want to, you know, defer to, you know, legal advice. However, it's my understanding that you cannot use the TIF dollars for just regular services, you know, as far as policing. It would have to be additional, to give additional police services to that area, and in order to do that we would have to, I think, pay overtime for those officers. Commissioner Dunn: So this is for overtime and that's what it's used for specifically? Vice Chair Carollo: It's actually for additional safety -- additional police services there. Chief Exposito: Right. Vice Chair Carollo: However -- Chief Exposito: That's my understanding as well. Vice Chair Carollo: -- I do want to defer to legal -- a legal advice. Chief Exposito: Yeah. I think that the attorney for the CRA can clarifi, that issue for us. Julie O. Bru (City Attorney): Yeah. Well, you know, this is -- the law permits -- the Redevelopment Act permits the CRA to utilize trust funds to pay for enhanced -- Vice Chair Carollo: Enhanced. Ms. Bru: -- police services. Now whether you have to provide those enhanced services using overtime or some other kind of staffing, that's up to the Chief of Police, but the authority is to City ofMiami Page 16 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 provide enhanced policing services. Chief Exposito: That's correct. Vice Chair Carollo: And -- I'm sorry, Mr. Chairman. Chair Sarnoff You're recognized, sir. Vice Chair Carollo: I have a question. Is it possible to provide that services using off -duty work, which'll probably be at a cheaper rate? Chief Exposito: I think we would need to get clarification from the attorney as well to see if we could do that. Chair Sarnoff I -- Vice Chair Carollo: Okay. Chair Sarnoff -- can I just say I share the Vice Chair's concern because there seems to be a very quickened or heightened or expedient way ofjust saying, you know what, if we're going to do enhanced services, then we're obviously just going to pay these guys overtime. I don't think it's necessarily an equivalent argument you get to make. I think you get to say you can enhance services without having to pay overtime. I think you're getting a guttural reaction -- no disrespect, chief -- possibly from some folks that, oh, if you're going to get enhanced services, obviously you're going to have to pay for the cop who's there, but then the overtime for that cop to stay there. I think what the Vice Chair is saying -- and I think he's dead right -- couldn't you do this with off -duty rates? Andl think you could. Chief Exposito: I -- it's possible. We have to be careful because in the past, when it's -- when we've had officers working overtime events for the City, they get paid at time and a half. If we're using City monies to pay for this -- and I'm not an attorney, andl think that's why we have to defer to that attorney and let them make that decision for us -- but it becomes a contractual issue as well. Chair Sarnoff Yeah. I'm not going to say I understand the contract in exquisite detail. However, it is -- it seems to me that you can enhance your police services without having to pay overtime. I don't think you have to pay overtime to enhance your police services. You can, as a CRA, simply just pay -- I'm sorry, cannot -- let's just say you dedicate five units, andl know that's probably not true, but let's just use five units. And the CRA wants to increase that to ten units. I don't think you have to pay overtime for the extra five units, andl think we need to look into that. And I'm -- I mean, I support this issue andl support the CRA doing this, but I think we can actually get more police officers on the street if we don't have to pay an overtime rate, if we had to pay an off -duty rate. Chief Exposito: All right. Commissioner Dunn: Mr. Chair. Chair Sarnoff You're recognized, Commissioner Dunn. Commissioner Dunn: Again, this is the police visibility grant. So that -- and it'll be for the Southeast Overtown/Park West -- Chief Exposito: That's correct. City ofMiami Page 17 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Dunn: Okay. Chief Exposito: That's correct, Commissioner. Commissioner Dunn: Okay. I move. Carlos A. Migoya (City Manager): Mr. Chair, let me ask a question. If we -- it's obviously -- we're looking at doing it for both the Omni as well as for the C -- for the Overtown. If this were to become -- and maybe this is more of a legal question -- but if this -- if we could rely this on a permanent basis where basically every year the two CRAs do that, another way to do it is we can supplementally hire more police officers that would be dedicated strictly to CRA, that would be another way to be able to avoid the overtime at that point in time. Chair Sarnoff No. I agree. Andl don't know what the contract calls for, but so long as he doesn't change his deployment to reflect that you're doing that -- so long as deployment remains consistent, then it is an enhancement of services, and that's what a TIF can do. That's what Commissioner Dunn was saying. This is TIF revenues, which means in this particular issue, I can't pay for police services, but I can pay for enhanced police services. And what I'm saying -- maybe not so artfully, Mr. Manager -- is that somebody here is equating enhanced police services to overtime, andl think it's a reaction, maybe not a thought-out process. It may be too reactive. Not knowing what your contracts call for -- 'cause I haven't read your 300-page agreement -- but I don't necessarily agree that enhanced services equals overtime. Mr. Migoya: Well, if you leave it up to us to try to figure out how to best deal with that, if it comes down to overtime, we'll deal with overtime. Chair Sarnoff I'm very comfortable leaving it to you and the City Attorney. Mr. Migoya: So we will -- we'll do that. We will -- the City Attorney andl will get together with the chief and try to figure out how to best do it 'cause at the end of the day, we want to make sure that, you know, if we can use this $500,000 and have more police officers from a standpoint of not using overtime, that's actually even to the better of the overall community. So we will figure out what we can do. And if we have to use some overtime, we will. We'll figure it out. Chair Sarnoff Okay. Commissioner Gort: I have a question. Chair Sarnoff Commissioner Gort, you're recognized. Commissioner Gort: I think part of the -- that we have to look at -- I don't know if the chief and the officers that serve that area create a special task force where they need the same individuals to work. I don't know if that's the plan that they had. So I think they would have to come back and let us know how they're going to do it. Chief Exposito: All right, thank you. Commissioner Dunn: Mr. Chair. Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: I'm ready to move. Chair Sarnoff Yes, sir. All right. CA.11, we have a motion by Commissioner Dunn. Is there a second? City ofMiami Page 18 Printed on 10/13/2010 CA.13 10-00976 Department of Public Facilities City Commission Meeting Minutes September 16, 2010 CA.12 10-00975 Department of Police Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair. Any further discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCEPTANCE OF A GRANT FROM THE OMNI REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $500,000, FOR A POLICE VISIBILITY PROGRAM FOR THE OMNI AREA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE OF SAID GRANT. 10-00975 SUMMARY FORM.pdf 10-00975 PRE LEGISLATION CRA.pdf 10-00975 LEGISLATION .pdf 10-00975 EXHIBIT.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0373 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT (LEASE"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND CENTENNIAL EXPRESS INCORPORATED, FOR THE CONTINUED USE OF APPROXIMATELY 1,326 SQUARE FEET OF PROPERTY LOCATED IN MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING WAREHOUSE SPACE FOR THE MIAMI POLICE DEPARTMENT, WITH A MONTHLY RENT OF $1,500 ($13.57 PER SQUARE FOOT), FOR ONE-YEAR PERIOD; ALLOCATING FUNDS FROM THE MIAMI POLICE DEPARTMENTS GENERAL FUND, ACCOUNT NO. 00001.190001544000.0000.00000,WITH ADDITIONAL TERMS AND CONDITIONS MORE SPECIFICALLY SET FORTH IN SAID LEASE. City ofMiami Page 19 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00976 SUMMARY FORM.pdf 10-00976 MEMO. pdf 10-00976 LEASE AGREEMENT 2005. pdf 10-00976 AMENDMENT NO.1 TO LEASE AGREEMENT. pdf 10-00976 LETTER.pdf 10-00976 PRE RESOLUTIONS. pdf 10-00976 LETTERS. pdf 10-00976 LEGISLATION. pdf 10-00976 EXHIBIT. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0374 CA.14 RESOLUTION 10-00978 Department of Police A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CLASSIFYING FIFTEEN (15) SURVEILLANCE CAMERAS, RELATED ACCESSORIES AND EQUIPMENT, WITH AN APPROXIMATE VALUE OF LESS THAN $24,000, AS "CATEGORY A" SURPLUS STOCK; AUTHORIZING THE DONATION OF SAID SURPLUS STOCK TO THE MIAMI-DADE PUBLIC HOUSING AUTHORITY, WHO HAS AGREED TO ACCEPT SAID DONATION AND BECOME THE SOLE PROPERTY OWNER, AND WILL GRANT FULL ACCESS OF THE CAMERAS TO THE CITY OF MIAMI POLICE DEPARTMENT; FURTHER AUTHORIZING THE CITY MANAGER TO DESIGNATE THE CHIEF OF POLICE TO EXECUTE THE NECESSARY DOCUMENTS. 10-00978 SUMMARY FORM.pdf 10-00978 LETTER.pdf 10-00978 TRANSFER TRANSACTION RECORD. pdf 10-00978 LETTER 1.pdf 10-00978 LETTER 2.pdf 10-00978 SECTIONS OF CODE.pdf 10-00978 LEGISLATION. pdf 10-00978 EXHIBIT. pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0375 CA.15 RESOLUTION 10-01041 Honorable Mayor A RESOLUTION OF THE MIAMI CITY COMMISSION ESTABLISHING THE Tomas Regalado MONTH OF OCTOBER AS THE MONTH FOR INITIAL CITY COMMISSION HEARINGS IN WHICH MIAMI 21 ATLAS AMENDMENTS WILL BE CONSIDERED FOR THE YEAR 2010, AND ESTABLISHING THE DATES FOR THE CITY COMMISSION TO CONSIDER MIAMI 21 ATLAS AMENDMENTS FOR THE YEAR 2011 AS BEING IN APRIL AND OCTOBER OF 2011, City ofMiami Page 20 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 PURSUANT TO ORDINANCE NO. 13114, ARTICLE 7.1.2.8 (B)(1), OF THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED. 10-01041-Legislation-SUB. pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0363 Chair Sarnoff All right, CA -- Carlos A. Migoya (City Manager): 15. Chair Sarnoff -- 15, sir. Mr. Migoya: There's one change. This is the one about the updates and amendments to Miami 21. We would like to change the word March for April. So that would be April and October of 2011 is when the amendments would come in. Commissioner Suarez: So move. Vice Chair Carollo: Second. Chair Sarnoff All right, motion by Commissioner Suarez, second by the Vice Chair. Wasn't it Commissioner -- Who brought this up? You brought this up, Mr. Manager? Vice Chair Carollo: Manager. Julie O. Bru (City Attorney): Yeah, it's 'cause it's a modification to the printed agenda. That's the only reason why you had to vote on it separately. There was a scrivener's error. Mr. Migoya: Right. Chair Sarnoff Okay. Ms. Bru: It's April, not March. Chair Sarnoff Just want to make sure whoever wanted to bring it up has discussed it adequately. All right. We have a motion, we have a second. Any discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Adopted the Consent Agenda Motion by Vice Chairman Carollo, seconded by Commissioner Gort, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II END OF CONSENT AGENDA Chair Sarnoff All right, consent agenda. Any of the Commissioners wish to remove any of the City ofMiami Page 21 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 items from the consent agenda? Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I would like to pull CA-11 -- or .11. Chair Sarnoff I'm sorry. I didn't hear you. Commissioner Dunn: CA.11. I apologize. Chair Sarnoff All right. Any other Commissioners wish to pull any items from the consent agenda? Commissioner Gort: I got a couple of items I have questions on, CA.1 and CA. 3. Chair Sarnoff CA.1 and CA.3. All right, so excluding CA.1, CA.3, CA.11, is there a motion to approve the consent agenda? Vice Chair Carollo: So move. Commissioner Suarez: Second. Julie O. Bru (City Attorney): Chairman, on CA.15, I think it's been modified, so we just need to pull that one just to make sure that it gets adopted as modified. Chair Sarnoff All right. So now with CA.1, 2 [sic], 11, and 15, is there a -- excluding those, is there a motion to approve the rest of the consent agenda? Commissioner Suarez: So moved. Vice Chair Carollo: So move. Commissioner Gort: So move. Commissioner Suarez: Second. Chair Sarnoff We got a motion by the Vice Chair, a second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. PUBLIC HEARINGS PH.1 RESOLUTION 10-00981 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, PURSUANT TO SECTION 18-92 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS FINDING OF A SOLE SOURCE; WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING PROCEDURES, AND APPROVING THE City ofMiami Page 22 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 UTILIZATION OF THE SCAVENGER 2000 DEPOLLUTION BOAT, FOR SURFACE CLEANING OF THE CITY OF MIAMI'S WATERFRONT, FOR THE DEPARTMENT OF PUBLIC WORKS, UTILIZING A UNIQUE PROPRIETARY PROCESS, FROM WATER MANAGEMENT TECHNOLOGIES, INC., THE SOLE SOURCE PROVIDER, IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $200,000; ALLOCATING FUNDS, IN THE ANNUAL AMOUNT NOT TO EXCEED $200,000, FROM THE DEPARTMENT OF PUBLIC WORKS OPERATIONS BUDGET, ACCOUNT NUMBER 00001.208000.534000.0.0; AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A ONE (1) YEAR PERIOD, WITH THE OPTION TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS, FOR SAID PURPOSE. 10-00981 SUMMARY FORM.pdf 10-00981 REQUEST TO ADVERTISE MEMO. pdf 10-00981 NOTICE TO THE PUBLIC.pdf 10-00981 BID WAIVER MEMO.pdf 10-00981 PRE RESOLUTIONS.pdf 10-00981 METHOD OF REMOVING DEBRIS.pdf 10-00981 LEGISLATION.pdf 10-00981 EXHIBIT.pdf 10-00981-Submittal-Miami River Commission.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0356 Chair Sarnofff. PH.1, Department of Public Works. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.1 is a resolution of the City Commission, with attachments, by a four fifths affirmative vote, to approve, rat, and confirm the City Manager's finding of a sole source for surface cleaning of the City's -- City of Miami's waterfront, utilizing a unique proprietary process from Water Management Technologies for one year, with an option to extend for two additional years of one-year periods; funds allocated from Public Works operations budget. Chair Sarnofff. All right. Let me open up a public hearing. Anyone from the public wishing to be heard on PH.1? You're recognized for the record. Brett Bibeau: Honorable Commissioners, good morning. Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. The Miami River Commission respectfully recommends approval of agenda item PH.1, renewing the Scavenger 2000 decontamination vessel contract. The water cleanup vessel has provided excellent services to the City ofMiami over the past nine years, including floatable debris removal and every hour decontaminates 600,000 gallons of water while injecting 150,000 liters of oxygen into the waterways. From October 2008 to May 2009, as an example, the vessel collected 7,604 cubic feet of trash, decontaminated over 481 million gallons of water, and injected over 100 million liters of oxygen into the waterways. These combined efforts result in significant improvements to water quality citywide. In addition, renewal of the Scavenger 200 vessel services will result in the cleaning of over 262 City -owned stormwater outfalls, consistent with the NPDES (National Pollutant Discharge Elimination System) permit, which the City ofMiami is required to receive annually from the FDEP (Florida Department of Environmental Protection). We've provided you with support letters from the Florida Department of Environmental Protection and the United City ofMiami Page 23 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 9:00 A.M. States Coast Guard. I'm joined today by the vessel owners, Sofie and Mark Mastriani, should you have any technical questions about the vessel. Thank you so much. Chair Sarnoff Thank you. Anyone else in the public wishing to be heard on PH.1 ? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Any discussion, gentlemen? I have a question, Mr. Manager. Why is this being sole sourced? In other words, why are we waiving competitive bid sealed procedures? Mr. Ihekwaba: The Procurements [sic] Department of the City conducted a nationwides [sic] evaluation. This has been going on for about three years and continuously they have found that there is no alternative to the proprietaryness [sic] of Water Management Technologies. Chair Sarnoff So can I interpret that to mean that they have the boat, this boat works, and nobody else has the boat? Mr. Ihekwaba: Yes. That's my understanding. Chair Sarnoff Okay. All right, any other discussion? Commissioner Gort: I have a lot of waters in my districts [sic], and they keeping it clean, which is very important. Chair Sarnoff I agree. They do a nice job. Any further discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. Sign language interpreters translated discussion of items PH.2 - PH.8. PH.2 RESOLUTION 10-00982 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community CITY MANAGER TO ACCEPT COMMUNITY DEVELOPMENT BLOCK GRANT Development ("CDBG") FUNDS, FROM MIAMI-DADE COUNTY, IN THE AMOUNT OF $2,776,264, FOR DISASTER RECOVERY IN THE AREAS OF HOUSING AND INFRASTRUCTURE REPAIR OR IMPROVEMENT UNDER THE MILITARY CONSTRUCTION APPROPRIATIONS AND EMERGENCY HURRICANE SUPPLEMENTAL APPROPRIATIONS ACT( AKA DISASTER RECOVERY PROGRAM), FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 24 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00982 SUMMARY FROM.pdf 10-00982 PUBLIC NOTICE.pdf 10-00982 LETTER MIAMI DADE.pdf 10-00982 COST ALLOCATION. pdf 10-00982 MIAMI DADE MEMO 2.pdf 10-00982 DISASTER RECOVERY FY 05.pdf 10-00982 ATTACHMENT B-1 MIAMI DADE. pdf 10-00982 QUARTERLY EXPENDITURE AND PROGRESS REPORT. pdf 10-00982 LEGISLATION. pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0357 Chair Sarnoff All right, PH.2. Alfredo Duran: Good morning. Alfredo Duran, deputy director of Department of Community Development. PH.2 is a resolution authorizing the City Manager to accept Community Development Block Grant funds from Miami -Dade County in the amount of $2, 776, 264 for disaster recovery in the areas of housing and infrastructure repair or improvements under the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, also known as the Disaster Recovery Program. Chair Sarnoff All right. Let me open up a public hearing. Does anybody wish to be heard on PH.2 from the general public? Hearing none, seeing none, the public hearing is now closed; coming back to this Commission. Is there a motion on PH.2? Commissioner Gort: Move it. Chair Sarnoff Motion by -- Vice Chair Carollo: Second. Chair Sarnoff -- Commissioner Gort, second by the Vice Chair. Discussion? All right, all in -- resolution, all in favor, please say aye." The Commission (Collectively): Aye. PH.3 RESOLUTION 10-00983 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), APPROVING THE AMENDED ALLOCATION OF FISCAL Development YEAR 2010-2011 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAM FUNDS, IN THE AMOUNT OF $12,935,584, BASED ON A SIX (6) MONTH ALLOCATION, AS SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, TO PROVIDE HOUSING ASSISTANCE AND HOUSING RELATED SERVICES TO LOW-INCOME INDIVIDUALS LIVING WITH HIV/AIDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDED AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR SAID PURPOSE. City ofMiami Page 25 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00983 SUMMARY FORM.pdf 10-00983 PUBLIC NOTICE.pdf 10-00983 PRE RESOLUTIONS.pdf 10-00983 LEGISLATION. pdf 10-00983 EXHIBIT. pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0358 Direction by Chair Sam off to the Administration for the Department of Community Development to come back within ten (10) days with a statistical analysis on the amount of time spent by staff costs, etc., associated with administering the Housing Opportunities for Persons with AIDS Program (HOPWA), and for the Department to brief each Commissioner on the analysis. Directon by Commissioner Gort to the Administration for the Department of Community Development to include in their analysis the amount of funds received by agencies in the City of Miami that provide services to individuals receiving assistance from the Housing with Opportunities for Persons with AIDS Program (HOPWA). Chair Sarnofff. PH.3. Lillian Blondet (Assistant Director): Good morning. Lillian Blondet, Department of Community Development. PH.2 [sic] is a resolution to amend the allocation of HOPWA (Housing Opportunities for Persons with AIDS) funding. HOPWA is the program that deals with the housing assistance and housing related services. We came in the June 21 special meeting and allocated funding. In July, the City decided to change the program year, so we're having to come back to the Commission to change the amount because the new year is going to be shorter. I just want to make clear that the agencies are getting the same amount on a monthly basis because the new year is going to be shorter. So for this one, it's a resolution allocating the $12,935,584 to the agencies listed in that attachment, and I'm just going to go through them quickly just for the record. The City ofMiami Department of Community Development program administration, $169,034; Apple Tree Perspectives, 25,000; Miami Beach CDC (Community Development Corporation) for Westchester's [sic] Apartments project base, 13,500; Carrfour Supportive Housing - Harding Village, 14,000; Carrfour Supportive Housing - Del Prado Gardens, 10,500. For the long-term based program, Community AIDS (Acquired Immune Deficiency Syndrome) Resources [sic], $218,990; Center of Information and Orientation, $218,990; Empower "U", $174,115; Miami Beach Community Development Corporation, 199,245; Sunshine for All, 87,955. For payments of rent, $5, 779, 255; to HELP (HIV Education & Law Project), Inc., $25, 000, and then for capital funding, we have for the Lifequest I & II, a million dollars for capital improvements; and for the capital funding reserve for improvements, we got $5 million. Chair Sarnofff. All right. Let me open up a public hearing. Does anybody wish to be heard on PH.3, public hearing 3? You're recognized for the record. Vanessa Mills: Good morning. My name's Vanessa Mills. I'm from Empower "U, " Inc. We are one of the agencies that have been recommended for funding under the long-term rental assistance program for HOPWA. Good morning, Commissioner Sarnoff, Carollo, Suarez, Commissioner Dunn, from District 5, of which I reside, and Commissioner Gort. I'd like to strongly recommend that we take the recommendations of the City ofMiami Department of Community Development, andl strongly recommend that we take their recommendations because this was a fair, competitive RFP (Request for Proposals) process. The process was very strenuous for those agencies who applied for the grant application. The scoring, if you'd like to City ofMiami Page 26 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 see a copy of the score sheets, I have those available, and those agencies that were just mentioned are the agencies who scored sufficient enough to be recommended for funding and that required a score of 75 or higher. I'd proudly like to say Empower "U" scored 91, the second -highest score, and those recommendations were based on -- give me a second here -- they were actually based on the organizational capacity and demonstrated effectiveness to provide services for the HIV/AIDS community and understanding of the need of the HIV/AIDS community, the service approach of the agency in providing those services, and the ability of the agency to provide outcome measures and establish a proposed mechanism to track the HOPWA client and to evaluate the program outcomes as well as the performance. Again, I strongly recommend that we take the Department of Community Development's recommendations through the fair and competitive RFP process. Thank you. Chair Sarnoff Thank you. Anyone else from the public wishing to be heard on PH.3? Hearing none -- I'm sorry. Gale Morris: Good morning -- good afternoon. I'm Gale Morris, and I'm here to represent Community Case Management Services, which was a provider making application to participate in this RFP. Through a repeal -- through an appeal process, we received an evaluation of 74. We again challenged that ranking because we felt that some of the information submitted was, again, not considered. And we'd like to be considered today with regards to the funding that's on the table because of the Care [sic] Resources refusal or denial or desire not to participate at this time, and we'd like to be considered for those dollars to continue to provide the same services. And that's it. Chair Sarnoff Thank you. Ms. Morris: Thank you. Chair Sarnoff Anyone else --? Do you want to respond? Ms. Blondet: No. I just wanted to make a correction -- Commissioner Gort: There's someone else. Ms. Blondet: -- on what I read. Community AIDS Resources, the funding is zero because they were funded in June and then they (UNINTELLIGIBLE) from that funding, so the funding was allocated to the other agencies evenly. Commissioner Dunn: Could you repeat that again? I'm sorry. I didn't hear you. Ms. Blondet: Okay. Community AIDS Resources was allocated funding in June, was recommend for funding, but then they told the Department that they didn't -- were not going to be able to use the funding, so we allocated evenly to the other agencies. So really, Community AIDS Resources was no dollars; Center of Information got the 218,990 -- Center of Information, 218, 990; Empower "U," 174,115; Miami Beach CDC, 199, 245; Sunshine for All -- I'm sorry, Sunshine for All, 199, 245; and SABER (Spanish American Basic Education and Rehabilitation) got 87,955. Chair Sarnoff Thank you. Yes, ma'am. You're recognized for the record. Millie Laurent: Yes. My name is Millie Laurent, andl represent Spanish American Basic Education and Rehabilitation, SABER. Andl was here because our name was not mentioned in those names so -- Ms. Blondet: Yes. City ofMiami Page 27 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Laurent: -- I just came up to see what was happening. Thank you very much. Ms. Blondet: So sorry about that. Commissioner Gort: Now you know. Chair Sarnoff All right. Anyone else -- Ms. Blondet: I skipped a line, sorry. Chair Sarnoff -- from the public wishing to be heard on PH.3? Ma'am, you've already spoken. Ms. Morris: I already spoke, but I just would like to add, I didn't -- after she made the comment about the re -- that they redistributed the dollars with regards to Care [sic] Resources, I do want to say that I do feel that we still were not being considered given our ranking, andl do -- would like to ask the Commission to take us into consideration. Chair Sarnoff Thank you. Ms. Morris: Thank you. Chair Sarnoff All right. Any -- no, no, no. We're not doing redos. We're not going to keep redoing this. Anyone else in the general public wanting to be heard? All right, coming back to -- Let me close out the public hearing. The public hearing is now closed. PH.3, gentlemen. It is a resolution. Is there a mover? Commissioner Dunn: Move it. Chair Sarnoff Motion by Commissioner -- Vice Chair Carollo: Second. Chair Sarnoff -- Dunn, second by -- Vice Chair Carollo: Discussion. Chair Sarnoff -- the Vice Chair. Vice Chair is recognized for the record. Vice Chair Carollo: Thank you, Mr. Chairman. In PH.3, this is the HOPWA program. Ms. Blondet: That's correct. Vice Chair Carollo: That's what it's known. I want to discuss something that I wanted my colleagues to hear, something that I've been discussing with CD, Community Development. I spoke with them in length yesterday and in the past. This is a program that is countywide, correct? Commissioner Dunn: Yes. George Mensah (Director, Community Development): Yes, Commissioner. Vice Chair Carollo: Yes. So we are actually administering a countywide program, correct? Mr. Mensah: That's correct. City ofMiami Page 28 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: Okay. If you remember the last meeting, I asked as far as receiving administration funding of up to 20 percent and you actually were receiving the 20 percent or you asked for the 20 percent. I asked why do you need 20 percent and so forth, and we got into it as far as the budget and all that. One of the -- one of your arguments were that for certain programs, like HOPWA, you only receive 3 percent. Mr. Mensah: Yes. Vice Chair Carollo: And discussing it yesterday, I think you were under the belief that, you know, it's to better serve the citizens of the City ofMiami and so forth, but I asked you how many total participants are in this program, andl think the number was 1,100 or so. Mr. Mensah: Yes. That's correct. Vice Chair Carollo: And out of those 1,100, how many are actual City ofMiami residents, andl think we were surprised by the amount. I think it was like 10 percent or something very minimal. So if we're using fundings [sic] from other areas, like public services, to subsidize your administration of this -- is that correct? Mr. Mensah: No. Vice Chair Carollo: No. Mr. Mensah: George Mensah, director of Community Development. We're not using public services to subsidize. We can't. It's not allowed by regulation to do that. What we are doing is that -- when -- CDBG (Community Development Block Grant) is the first program that came out for community development, so the federal government (UNINTET,T IGIBT ,F) at that time allowed the liberal type offunds for administration, which is 20 percent. As other programs were enacted, they reduced the program -- the administration dollars. An example is HOME (Home Investment Partnership Program), where we get 10 percent. With ESG (Emergency Shelter Grant), we only get 5 percent and so forth. So they do that because they know that CDBG is the most flexible of those programs and that will allow you to be able to manage all the programs. For example, if you have a staff like me, I can be paid with CDBG funding andl can work on HOPWA and all those programs. However, if you pay somebody with HOPWA funds, they cannot work on CDBG or they cannot work on any other programs. So what we told you was that even though 20 percent of CDBG alone seems to be a lot, but because there are other programs that the percentages are lower, the (UNINTET,T IGIBT ,F) we're expected to use doesn't -- yes. That's what I said. Vice Chair Carollo: Like this one? Mr. Mensah: Yes. Vice Chair Carollo: So you're using CDBG funds to subsidize time working in this program because you only get -- you are only allowed to use 3 percent for this, correct? Mr. Mensah: Yes, under (UNINTELLIGIBLE) administration, yes. Vice Chair Carollo: Right. So the bottom line is, where I'm going with this is why then are we doing this program? Why not hand it to the County and then let the County administer it, and then you don't have to use CDBG fundings [sic] to subsidize administration for this program that's only paying 3 percent? You know, if they only want to allow us to use 3 percent for administration, you know what, hand it back to the County. Only 10 percent's in the City of Miami. Let the County administer it. City ofMiami Page 29 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Mr. Mensah: Yes. When you asked, my answer at that time was that the HUD (Department of Housing and Urban Development) -- what they do -- when the distribution of the HOPWA program came about, the largest city in the county was the one that was asked to manage those programs. So if you go throughout the country, usually the largest city of the county manages the program. So if you go to Broward, Fort Lauderdale manages it. If you go to Palm Best, City of West Palm Beach manages the HOPWA program. The -- when you talked about it, initially I thought -- I also know that the City ofMiami itself has all of the highest incidents of HIV (Human Immunodeficiency Virus), and so I told you that we help our residents more. Now the program we are running is a voucher program, so even though you have the highest incidents of people with HIV in the City ofMiami, once you give them the opportunity to use a voucher and go and live anywhere, they take the voucher, they go and live in Homestead, they go and live in -- wherever they want. So we have -- so what I'm saying is that this program helps residents of the City ofMiami because we have the highest incidents of -- if you give it to the County, I don't know --- first of all, I don't know whether it's -- how we can -- we have to ask HUD about that possibility. But like I told you, if that's the will of the Commission, I will go to HUD and tell them what we just discussed and see what they say. Vice Chair Carollo: Well, I just think if you're saying that we have one of the highest -- Mr. Mensah: Incidents. Commissioner Gort: We do. Vice Chair Carollo: -- rates, you know, incidents of AIDS, yet this program, only 10 percent are going to City residents and we have to, you know, administer it countywide -- Mr. Mensah: No. Vice Chair Carollo: -- in Homestead and so forth -- Mr. Mensah: Let me correct it. Only 10 percent decided to live -- continue to live in the City. Vice Chair Carollo: Right. Mr. Mensah: So some people, when they came under the program, they were living in the City. But when you started to give them the voucher, they decided I'm going to live somewhere else. Vice Chair Carollo: Right. Mr. Mensah: That's what I'm saying. Vice Chair Carollo: But the bottom line is, out of those 1,100 -- Mr. Mensah: Ten percent. Vice Chair Carollo: -- yeah, there's only 10 percent that's actually living in the City ofMiami, so why are we administering this program that is countywide, in Homestead and so forth? I think the County should actually administer this, especially when you're telling me that we are subsidizing from CDBG to subsidize the administration of this program. I -- you know what, I'd rather lower your administration costs in CDBG and put that money into public services and into, you know, the community and hand this back to the County. And that's my point. Commissioner Dunn: Mr. Chairman. City ofMiami Page 30 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff You're recognized, Commissioner Dunn. Commissioner Dunn: Certainly, the Vice Chairman's point is right on. I mean, I have had -- in the many hats that I've worn, I have served for a nonprofit HIV/AIDS outreach, andl do know the value of HOPWA and the value of what it does for the community, but I do feel the sense, are we really getting -- if only 10 percent -- I do also know that -- well, 33142, 33147 rank -- Mr. Mensah: Yeah. Commissioner Dunn: -- for years -- that's pretty much my district too -- as right at the top in the state and the country. The time that I was serving, we were either ranked number three or number one. We would vacillate between one of those areas. But I do have some concerns, as the Vice Chair pointed out, that you know, we're only getting 3 percent. We want to serve, but you know, we're carrying the brunt of this. Now, when the recipients get the vouchers, they -- which is their right -- choose to move out of the City. Is it because we have a lack of facilities or housing, or they just prefer to live somewhere else? I think that's -- Mr. Mensah: I think the answer is they prefer to live somewhere else. I don't think it's lack of facility because this is not facility based. You have -- Commissioner Dunn: You can go anywhere? Mr. Mensah: You can go anywhere. Commissioner Dunn: Yeah, right. Mr. Mensah: There are apartment complexes that you -- but I want -- also want to put on the record is that I think about all the agencies, majority of the agencies that we fund actually are in the City ofMiami. Commissioner Gort: Mr. Chairman. Mr. Mensah: All of them are in the City ofMiami. The lady that came to talk about -- actually is in your district, so they are all based in the City ofMiami -- Commissioner Dunn: Yeah. Mr. Mensah: -- majority of them. Commissioner Dunn: Yeah. I did want to say even -- just -- for the record, even today, Mr. -- Commissioner Gort, I even worked for Better Way, so I've worn a lot of hats in my time here in the City, so I understand the struggle. But at the same time, the Vice Chair brings out a very, very strong point, andl would like us to look at -- Mr. Mensah: What I would recommend, Commissioner, is that we will do an analysis, let you know exactly how much of (UNINTELLIGIBLE) fund and that (UNINTELLIGIBLE) CDB -- HOPWA, and then that will give you information that you can then look at. Commissioner Gort: Mr. Chairman. Vice Chair Carollo: Thank you. And Mr. Chairman. Chair Sarnoff. Let me go to Commissioner Gort, then come back to you, and then we'll go to Commissioner Suarez. Commissioner Gort, you're recognized for the record. City ofMiami Page 31 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Gort: Vice Chair, my understanding that -- really state my congratulations to you, the way you've been working the budget and look at all the programs and everything. You're doing an excellent job in that. But sometimes what I like to -- the recommendation I'd like to make, I'd like for them to go back, analyze and come back 'cause a lot of times we do not receive direct economic benefit through the percentage, but we do receive additional benefits for the City ofMiami. For example, we were able to help Camillus House quite a bit this year, and that's a facility that's going to be help. District 1 and District 5, the buildings are going up in there, construction jobs, and they're going to be able to take a lot of people and help a lot of individuals there. So I would like to -- for them to come back and give us an analysis, not only the direct benefit that we receive but the indirect benefit that we can receive from this program. Chair Sarnoff All right, Commissioner -- the Vice Chair, then Commissioner Suarez. Vice Chair Carollo: Thank you, Mr. Chairman. And by the way, I'm bringing it up -- you know, I brought it up as, you know, a discussion, not necessarily for us to make a decision now and vote on it, but just to see what I'm looking at. I always want to be effective. But at the same time, we have to, you know, look at everything and be efficient. And my -- realistically, my goal with this is actually to put more monies, more CBDG money out in the street for public services and so forth instead of using so much for administration. And the argument before was, hey, you know, some of that money needs to subsidize some of these programs -- Mr. Mensah: Other projects, yes. Vice Chair Carollo: -- that we only receive 3 percent. So when I look at it as a whole, I'm saying, well, you know what, this might be something we need to just pass it on to the County since it's countywide and for us not to administer it. It's not cost-effective for us to do it. Mr. Mensah: Okay. Vice Chair Carollo: So, you know, I'm ready to vote for it. I know Commissioner Suarez wants to say something. But it's -- more than anything, I wanted to bring it up as a discussion so that my colleagues know where I was going with this and to, yes, suggest that the Administration actually do an analysis and come back to us so, you know, we can discuss and make an educated decision for the future. Thank you. Chair Sarnoff Thank you. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I kind of missed the part about where CDBG was subsidizing the administration of the HOPWA program. I missed the point 'cause I don't know where I was; probably still sleeping -from last night's meeting. But how is it -- can you explain again how the -- all the CDBG administrations is subsidizing HOPWA's portion? Mr. Mensah: Okay. I -- an example is myself. Commissioner Suarez: Right. Mr. Mensah: I direct -- I'm the director of the department. I manage all the programs. Commissioner Suarez: Right. Mr. Mensah: So part of my time is used on -- Commissioner Suarez: Dedicated. Mr. Mensah: -- HOPWA, dedicated to HOPWA activities. I can use -- allocate my time 100 City ofMiami Page 32 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 percent to CDBG funding, and that is allowed. I can be able to use CDBG, which means that CDBG is, in some respect, also subsidizing HOPWA because I'm working on HOPWA, rather than working on -- all my time on CDBG. There are certain programs that you can't do that. An example is HOPWA. IffI allocate a staff time to HOPWA, they cannot work on CDBG. IffI allocate a staff time to ESG, they cannot work on CDBG. So CDBG is the most flexible of all the programs that we have, and that is the one that gives us the most money for administration. Commissioner Suarez: So -- I think I see what you're saying. What you're saying is that you have certain limitations on administration, and it's a money figure; and your time, you haven't really split it up in terms of how -- How much time do you dedicate to administering the HOPWA program? Mr. Mensah: We usually split our time. For example, me personally, my time in HOPWA, I split it at -- 3 percent of my time is split on the HOPWA administration. It's a number -- even though it's the -- one of our biggest programs, we spend the least amount of administration on it, and the reason is that we have the agencies who actually are the ones that are doing the work out there. The agencies are the ones that are handling all the programs. But yes, 3 percent of my time is spend on the HOPWA, and that is the reason why I have only 3 percent. Commissioner Suarez: But I don't even think it's 3 percent of your time. It's 3 percent of the total monies that you receive so -- is for administration. Mr. Mensah: No. You asked me -- yes. Commissioner Suarez: So it's -- Mr. Mensah: You asked me personal, me personally. Commissioner Suarez: So you can't even say it's 3 percent of your time. It's 3 percent of the total monies, and then you have to split that up to see how much of your time you can actually dedicate to it. Mr. Mensah: No. Me personally. Commissioner Suarez: To get to -- Mr. Mensah: When you asked -- I just asked you personally. When I do my timesheets and allocations, I allocate 3 percent of my time towards -- Commissioner Suarez: But that I think -- Mr. Mensah: -- based on experience. Commissioner Suarez: -- but trust is the argument that the Vice Chairman made, which is that you're, in essence, over -dedicating time to the HOPWA program because if it's -- it's not supposed to be 3 percent of your time; it's 3 percent of the money that you receive from HOPWA. So I don't know how much of your time that is when you break it down -- Mr. Mensah: Okay. Commissioner Suarez: Do you understand what I'm saying? Mr. Mensah: Yeah, I understand, Commissioner. Commissioner Suarez: The other issue that I had is -- and maybe you can come back and City ofMiami Page 33 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 explain that to us later, as Commissioner Gort has requested. The other question I had, I wasn't as concerned when -- with the number of the 10 percent simply because you have to -- in fairness, you have to compare that number to what's our population in comparison to the County's population -- I don't know what that is -- to see if that's a fair number of people that are -- you know, you're serving in the City ofMiami. For example, I can tell you our budget is half a billion dollars, 500 million, and theirs is like 14 billion. So they -- I'm sorry, theirs is 7 billion or 8 billion, so they're somewhere between 14 to 16 times larger, which would mean that the City of Miami is less than 10 percent of the total, in budgetary terms. I don't know what that -- I don't know what it is in population terms. So I think you'd have to break it down by population to figure out whether -- ifyou're dedicating 10 percent to people that live in the City ofMiami, whether that's a fair number for City residents. Maybe that's actually more than what the, you know, breakdown is when you compare one number with the other. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Yeah, but the point with that is why are we servicing the whole county when, realistically, we should be servicing our -- you know, our dollars go to service, you know, the City ofMiami residents. Why are we serving the whole county? Commissioner Suarez: I agree. I think you have to -- there's two parts to the issue is what I'm saying. The first part is you have a money issue. You have `X" number of dollars. You can only dedicate 3 percent of that to administering this program. And you have to figure out how to justify it to someone like the Vice Chairman and myself that you're not overspending administration dollars administering this program. That's problem number one. Mr. Mensah: Yes. Commissioner Suarez: The second issue that the Vice Chairman brought up has to do with people. Mr. Mensah: Yes. Commissioner Suarez: In other words, you're serving -- 10 percent of your dollars are serving City residents. He made it seem like that was a very startling number. That could -- it could actually be a favorable number to the City is what I'm trying to say. In other words, it could be a number that's favor -- we may be over -serving City residents as opposed to County residents simply because when you do the math, I don't know what percentage of -- from a population prospective, what percentage our population is in comparison to the County's. You know, we may only have 6 percent of the County's population, or 7 percent, or 8 percent, and we're actually -- Commissioner Dunn: It's more than that. Commissioner Suarez: -- serving 10 percent with the program, so we may have 50 percent more service to Miami residents vis-a-vis, you know, what we're supposed to in terms of population. I don't know what that number is. Commissioner Gort: Mr. Chair. Commissioner Suarez: I'm -- Commissioner Dunn: Mr. Chair. City ofMiami Page 34 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Suarez: -- just using examples. Chair Sarnoff Commissioner Dunn's recognized, then Commissioner Gort. Commissioner Dunn: Yes. I just -- you know, based on some -- I don't know what the census report is going to come out for 2010, but we have roughly about two and a half million people countywide. With the City's population, it's been estimation between 400 and 500, 000, so you're talking about either 20 percent or just slightly under 20 percent. So we are actually -- if you look at it from that point, even though it does not speak to the point of what the Vice Chair -- he's talking about it, which is what we're concerned about as well from an economic impact standpoint. Commissioner Suarez: But I think it does speak to his point because he's got two points. One point is that I think we're over -dedicating funds in administration to administer this program. Vice Chair Carollo: Exactly. Commissioner Suarez: The second point is we are not even getting the benefit of that because if it's only one fifth, then that means that we should be 20 percent in the City ofMiami and we only get -- we only have 10 percent of our residents -- Commissioner Dunn: Absolutely. Commissioner Suarez: -- in the City -- I just wanted to know what that comparison -- Commissioner Dunn: Yeah. Commissioner Suarez: -- was just to -- Commissioner Dunn: It's about 20 percent. Commissioner Suarez: -- understand the relevancy of that number because if you throw 10 percent out there and you don't give it that context, then maybe someone might not misunderstand. Commissioner Dunn: Great perspective. Vice Chair Carollo: Right, and the cost effectiveness. It's not cost-effective for us to continue to administer this program. We should then hand it to the County since the majority of the participants are in the County and not in the City ofMiami. Mr. Mensah: What I'll do -- Chair Sarnoff Well, so -- we're not going to -- well, we're not going to resolve this today. Vice Chair Carollo: No. Chair Sarnoff So why don't you come back -- Can you come back in ten days with a statistical analysis that justifies either why you think you're --? Well, I would hope it'd be -- would not be a prospective, but it would be just simply facts -- Mr. Mensah: I'll just give facts, yeah. Chair Sarnoff -- number of hours spent, number of people spent, number -- amount of money spent, and then he can, you know, take it along with the other Commissioners and decide this is City ofMiami Page 35 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 something we want to do or not do. If we vote on this today, does that mean that we are the allocating agency for the entire year? Mr. Mensah: No, for six months. This is for six -- which is our year -- new year now, which is for six months. Chair Sarnoff All right. So it would probably take some transition if you wanted to even make that policy change for the County to pickup on that. So I think we know where we need to be, which is you're going to get back -- Commissioner Suarez: Or reduce our expenses and increase the number of people that we're serving in the City ofMiami, if we're going to do it, if it can be done. If it can -- if it's not profit -- I think his argument is if it's not profitable to run it, you know. Chair Sarnoff If you're getting enough money for four people but you're administering it with eight, it's something you may not want to do. That's his point, and it's a completely valid point. All right, PH.3, we've had our public hearing, we've had our motions. We can vote on this. Any further discussion, gentlemen? Commissioner Dunn: Go ahead. Chair Sarnoff All in favor -- Commissioner Gort: That's all right. Chair Sarnoff I'm sorry. I didn't get -- Commissioner Dunn: I think Commissioner Gort was going to say something. Commissioner Gort: Maybe when he comes back, I want him to analyze -- I guess from this program he gets about three hundred and something, four hundred thousand dollars -- what his total budget is, what percentage of the budget is, but at the same time, the indirect benefit for the City ofMiami. We have several agencies that provide service and that receive funding. They are in the City ofMiami, and they are providing service in the City ofMiami. So I want to make sure you put all these things together. We want to make an intelligent decision. I don't want to change the program and then after we do it, we lose all the benefits that we getting. Chair Sarnoff Well, brief each Commissioner, if you would, George. Mr. Mensah: I will. Chair Sarnoff Not just a paper, but brief each Commissioner, and then why don't you put it -- if you want to put it back on the agenda, you put it on the agenda -- or any Commissioner can but Vice Chair Carollo: Yeah. No, no, but my intent with this is to do the analysis, you know. We have time. We're going to -- I would assume we're going to, you know, approve this for the next six months, so you know, we have some time. It's not a rush thing, but it's something that I think we need to analyze. I think it's --I believe that I would not be doing my due diligence ifI wouldn't have bring this up to you all, my colleagues, and to the Administration. Chair Sarnoff Okay. Commissioner Gort: That's why you're auditors. I mean, we love to have you here. City ofMiami Page 36 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 PH.4 10-00984 Department of Community Development Chair Sarnoff All right, PH.3. All in favor, please say aye. The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE AMENDED ALLOCATION OF 36TH PROGRAM YEAR (FISCAL YEAR 2010-2011) COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $1,342,634, IN THE PUBLIC SERVICE CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR PUBLIC SERVICE ACTIVITIES BEGINNING OCTOBER 1, 2010 AND ENDING JUNE 30, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDED AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR SAID PURPOSE. 10-00984 SUMMARY FORM.pdf 10-00984 PUBLIC NOTICE.pdf 10-00984 PRE RESOLUTIONS.pdf 10-00984 LEGISLATION. pdf 10-00984 Exhibit SUB.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0388 Chair Sarnoff All right, PH.4. George Mensah (Director, Community Development): PH.4 is amending the 36th program year's public service allocation, in the amount of approximately $1.3 million to the public service agencies that are attached. Commissioners, on June 21, during the allocation, we allocated a sum of $1.3 million to certain public agencies for public service activities. On July 8, the City Commission changed the fiscal year for the City and we were asked to go back and redo the reallocations. So we went back and did the allocations to ensure that no general fund money in the form of the poverty initiative was used in this. So what we did was that we came up with allocating funding to the public -- the same public agencies that received the equivalent of the same amount of funding that was provided to them through the CDBG funding and through the Mayor's Poverty Initiative. There was -- on June -- on the June program, there was two districts had reserves. District 3 had a reserve of approximately 120,000 and District 2 had a reserve of approximately 5,000. When we did -- redid the numbers, we -- the reserve left for the CDBG (Community Development Block Grant) program was only $28,000, so we are recommending the allocation of that $28, 000 to District 3. Additionally, we are also recommending that the Mayor's Poverty Initiative of the sum of $125, 000 that was left on the table by the City Commission, 120,000 be allocated to District 3 and then 5,000 be allocated to District 2 for their reserve account so they can use it any way they (UNINTELLIGIBLE). That's the recommendation. Chair Sarnoff All right. Let me open up a public hearing. PH.4, is anyone from the general public wishing to be heard on PH.4? You're recognized for the record. Ciara Jones: Good morning. My name is Ciara Jones. I would first like to thank Mayor Regalado, the Commissioner, and all the staff of public services for your continued support of City ofMiami Page 37 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 the Lotus House Women's Shelter. I am the face of a formerly homeless woman. My daughter was born into the shelter three and a half years ago. Since then, I am now the manager of the Lotus House Thrift, where I'm able to create jobs to employ women in the community who are -- who have been formerly homeless as well. And the Lotus House is continuing to give back to women -- women and children in the community, so we would like to again thank you for your support and ask that you continue. Chair Sarnofff. Thank you. Ms. Jones: Thank you. Chair Sarnofff. You're recognized for the record. Rai Johnson: Good morning. My name is Rai Johnson. I am also a face of a formerly homeless person. I'm presently the health and wellness coordinator at the Lotus House Women's Shelter, and we're here today to thank each and every one of you for supporting us. And I think what I need to really mention is that what the Lotus House does is trying to change the face of homelessness of how -- of the face of a homeless person so you can see that we are people as well and that life goes on, and that we'd like to change our life as well. And we just want to say thank you behalf of the Lotus House Women's Shelter. Chair Sarnofff. Thank you. You're recognized for the record. Thea Goldman: Thea Goldman, representing the Lotus House Women's Shelter. Good morning, Commissioner Sarnoff, Commissioners, Mayor Regalado. On behalf of Sundari Foundation, Lotus House Shelter, I'd like to thank you all for your support. The Lotus House Women's Shelter provides desperately needed resources for approximately 130 women and infants, homeless women and infants annually. Everything that you've done is greatly appreciated. And your support moving forward is enormously needed and very appreciated. And we'd like to thank the Department of Public Services also. Thank you very much. Chair Sarnofff. Thank you. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26th Street. I was a founding member of Allapattah Community Action, which is a -- the best social service agency we have in Allapattah. Not only that, I trained as a little -- in Little Havana Activities Center as a social worker. I was the first social worker, Allapattah Community Action. Not only that, I have to be driving a taxi on weekends to make ends meet. Then I had children going to college. I got to (UNINTELLIGIBLE) but then still because you couldn't pay your bills or the tuition with a vocation or whatever because oh, look at all the (UNINTELLIGIBLE), no, no. You got to pay with American dollars. Anyway, I've been in business and I made plenty of money. I still got plenty of money (UNINTELLIGIBLE). The only thing is I got -- we cannot get the money from administration and put in public service. There is a cap of 15 percent. Unless we get a waiver (UNINTELLIGIBLE), a waiver through Congress, an act of Congress, then we (UNINTELLIGIBLE). Before, we used to have revenue sharing because I was there when revenue sharing -- when the City got revenue sharing. You can use it for anything, but the public service sector is capped at 15 percent. You cannot touch administration; it's administration. And Economic Development is -- (UNINTELLIGIBLE) Economic Development (UNINTELLIGIBLE), bricks and mortar. But public service is 15 percent. And now there's a need for more public service. It's a lot of people that the only thing that they get -- because I see them at the dining room, they go and eat and they save something to take home for nighttime. I don't have to do that. I don't have to do that. I invest in restaurants and everything in my neighborhood. I don't need do that. Like tomorrow I'll be getting goat and then on Saturday will be ox tail and (UNINTELLIGIBLE). I don't have to worry about what I'm going to eat. I got plenty of things to eat. City ofMiami Page 38 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff Thank you. Anyone else in the general public wishing to be heard on PH.4? Hearing none, seeing none, coming back to the Commission. Commissioner Dunn: Mr. Chair. Commissioner Gort: Move it. Vice Chair Carollo: Second. Chair Sarnoff We have a motion by Commissioner Dunn, second by the Vice Chair. Mr. Mensah, will this include the $5, 000 reserves for the Little Havana Activities, for the UTD tower from District 2? Mr. Mensah: No. If you put it on the record, we will include that. Chair Sarnoff All right. I -- Would the maker accept that amendment for me? Commissioner Dunn: Yes. Vice Chair Carollo: Sure. Chair Sarnoff And would the seconder accept? Vice Chair Carollo: And I just want to verify the -- what you want is the 5,000 reserve to go to -- Mr. Mensah: Yes. Vice Chair Carollo: -- the -- for you to --? Chair Sarnoff Right. Vice Chair Carollo: Yeah, sure. I don't have a problem with that. And mine, just leave it in reserve until -- Mr. Mensah: Okay. Vice Chair Carollo: Now I do want to mention, though, $275, 000 from the Mayor's Poverty Initiative, that is going back to the general fund. Mr. Mensah: Yes. Vice Chair Carollo: Okay. And I will -- as you know, I'm going to track it to make sure it goes back to the general fund to go for either, you know, help with our deficit or so forth. Mr. Manager, I just want to verin, that the $275, 000 that in the previous meeting we discussed, CDBG meeting we discussed, will be going back into the general fund. Carlos A. Migoya (City Manager): We already have that allocated for this year's money so -- Vice Chair Carollo: Okay, perfect. Mr. Migoya: -- thank you very much, sir. Vice Chair Carollo: Perfect. Thank you. City ofMiami Page 39 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 PH.5 10-00985 Department of Community Development Chair Sarnoff All right. Vice Chair Carollo: And one last thing, Mr. Chairman. In line with what Mariano Cruz was saying, believe me, my intention is to have as much money possible to be used for -- exactly. Thank you. Chair Sarnoff All right. We have a motion, we have a second. Any further discussion? Hearing no further discussion, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Chair, I just want to make sure the record shows that it is a modified resolution. Chair Sarnoff I believe it does. I thought the maker accepted it -- Commissioner Dunn: Yes. Chair Sarnoff -- and I thought -- Vice Chair Carollo: Yes. Chair Sarnoff -- the seconder -- Ms. Thompson: Yes, but just for the public, it's modified. Chair Sarnoff Okay. Ms. Thompson: Thank you. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE AMENDED ALLOCATION OF 36TH PROGRAM YEAR (FISCAL YEAR 2010-2011), COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $8,950,890 TO THE ACTIVITIES SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, BEGINNING OCTOBER 1, 2010 AND ENDING MARCH 31, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE AMENDED ALLOCATION OF SAID FUNDS. 10-00985 SUMMARY FORM.pdf 10-00985 PUBLIC NOTICE.pdf 10-00985 PRE RESOLUTIONS.pdf 10-00985 LEGISLATION. pdf 10-00985 EXHIBIT. pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0359 Chair Sarnoff All right. I understand that we have got to go to PH.5 before PH.4. City ofMiami Page 40 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 George Mensah (Director, Community Development): Yes, Chair. Chair Sarnoff That is correct, right? Mr. Mensah: Yes, Chair. Chair Sarnoff All right, so let's hear PH.5. Mr. Mensah: PH.5 is authorizing the distribution of CDBG (Community Development Block Grant) funds in various categories, in an amount of 8 -- approximately $8.9 million in the following categories; for public service, an amount of one point -- approximately $1.3 million; administration, $800,089; capital replacement, 450,000; Code Enforcement, 400,000; the Building Department for demolition activities, 800,000; Section 108 loan principal repayment and interest payment for amount of $2,154,128; Fire -Rescue Department for fire equipment purchases, a sum of $1 million; and Economic Development, approximately $2.3 million. Chair Sarnoff All right. Let me open up a public hearing on PH.5. We've come out of order. We're not on PH.4, PH.5. Anyone from the general public wishing to be heard on PH.5? Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26th Street. I am also the chairman of Allapattah Business Development Authority. I'm -- credentials. I'm going to tell you I am with Community Development since 1976, 34 years. You know, I have put -- I paid my dues in Community Development. Probably, I have read more papers than all of you together about Community Development. I don't have to have a MBA (Master of Business Administration) or a CPA (Certified Public Accountant) or anything. This is people. And you know one thing we also (UNINTELLIGIBLE), they don't know how to defend themselves. They also serve the money -- the City serve the homeless all over the County 'cause I see them there in North Miami, the people from the City ofMiami working for the homeless. Section 8 in Homestead, too, andl called (UNINTELLIGIBLE) -- I called them to find out about this six-month or whatever, and they're very, very knowledgeable. They -- I call about 3: 30, about 4:15, Mr. Duran was answering me already because that's good. Because some departments of the City you call and they say we'll call you ASAP (As Soon As Possible). I don't know what that means, but they never call you back 'cause they (UNINTELLIGIBLE) only thing that they -- they are so important, they don't bother calling you back. And ifI call a department, I don't want to find out who the Marlins is playing or what the Dolphins are playing. It's something about the quality of life in my neighborhood. And one thing, this is federal money. And the other day I mentioned in the County, they want to eliminate the housing, economic development. I told them there don't tangle with the federals 'cause the federal send somebody from Alaska. That's how they -- they cut the head here and they go back to Alaska, and that's it. You know, and that's the way it is. Don't tangle with the federal because like -- I am a member too of the Empowerment Zone target area. It goes from -- they got the federal guideline -- the south side of 28th Street to the north side of 20th Street. Remember, economic development -- Chair Sarnoff And in conclusion. Mr. Cruz: Yeah, in conclusion -- Chair Sarnoff I want to hear about Alaska. Mr. Cruz: Let me go outside and get some Cuban coffee, okay. Thank you. Chair Sarnoff Thank you. All right, anybody else from the public wishing to be heard on PH.5? Grady Muhammad: Good morning, Mr. Chair, Vice Chair, and Commissioners, Mr. Manager, City ofMiami Page 41 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Attorney, Mr. Mayor. Grady Muhammad, CEO (Chief Executive Officer) ofMiami-Dade First, 5800 Northwest 7th Avenue, second floor. The question I have is, as part of this item, how is $1 million is going to the Fire Department, for what? Four hundred thousand is going to Building Department he said, I think, for demolition. Or 800,000 is to the Building Department. How are we going to be using -- as it's literally called comingling of funding -- CDBG dollars to fund City departments, proprietary departments? What will the City ofMiami Building Department, Fire Department, Code Enforcement, what will they be given, as you all were just saying, the value added -- what direct economic benefit to the community will the community receive from departments getting those funds, and how will it be monitored to ensure federal compliance that they're doing what they state they would do? That's my question. Thank you. Chair Sarnoff Thank you. Mr. Mensah: The funds that was going to Building Department is for demolition activities. It's to ensure that when we have vacant structures and next to somebody living in another apartment, that that individual house, the person who's paying his taxes is able to enjoy his home. So we're -- that's what we do in terms of the money going to Building Department. With Code Enforcement, the funds that goes to Code Enforcement is to be able to provide Code Enforcement officers to be able to go and visit properties and be able to enforce the code enforcement rules and regulations of the City. Now, that is done and these areall from the regulations. If you go and look at the regulations of CDBG, it allows you to pay for code enforcement officers so that they can be able to help in arresting decline of a neighborhood. When a code enforcement officer gives a violation, they give the person our flyer. The person calls us. We provide a rehabilitation loan so that that property can be fixed, and so that is the reason why we're giving funding to the Code Enforcement. In terms of Fire, that comes directly from the regulation, the CDBG regulation that says that you can purchase firefighting equipment for areas that are in low income so that they can be able to assist (UNINTELLIGIBLE). So that is the reason why we're giving them the funding to do -- and HUD (Department of Housing and Urban Development) came and audited us on the Code Enforcement property. There has been no audit finding or anything. If it wasn't -- if we weren't doing it well, HUD would have told us we weren't doing it. Mr. Muhammad: We had to pay $4.7 million for Code Enforcement -- Mr. Mensah: That was not -- Mr. Muhammad: -- for downtown. Chair Sarnoff All right, all right. Whoa, whoa, whoa. Stop, stop. You go through me. Mr. Muhammad: Mr. Chair, please forgive me. We had -- one of the things we had to do and we're still paying now back $4.7 million -- Chair Sarnoff And that is not subject to -- I know the issue you're talking about and that has -- you're mixing apples with oranges. Mr. Muhammad: And -- no. That 450,000 hard cost construction for the City ofMiami -- give me a second, Mr. Chair -- hard cost construction for Code Enforcement, that was one of the things as part of the building -- or properties downtown that received those funds. It was under Community Development code compliance, and it was also under the renovation of the properties -- Chair Sarnoff Correct. Mr. Muhammad: -- that was not eligible. City ofMiami Page 42 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnofff. It was back in '03 and '04, and they had a program that didn't have an employment practice with it. Mr. Muhammad: And the last thing, Mr. Chair, ifI may. The 2.1 million that we're repaying in the Section 108 loans, what are we repaying those loans for, is my question? Because I know you -- previously, general funds used to pay for those loans. Now CDBG is paying for those loans, but what are the loans that the CDBGs are paying for, sir? Chair Sarnofff. Thank you. Mr. Muhammad: That's my question. Chair Sarnofff. Is that part of this issue? Mr. Mensah: The Section -- you have a Section -- Chair Sarnofff. No, no, no, no. Is the 108 part of this issue? Mr. Mensah: Yes. Chair Sarnofff. All right, respond. Mr. Mensah: The Section 108 is a loan that was given in the '90s for -- as a project in Southeast Park Overtown. And the City's been paying -- the CDBG funds have been used to pay those loans since the '90s. So we -- that's what we've been doing. Every year we pay those funds, so it's nothing new. Mr. Muhammad: Is it one project or multiple projects? Mr. Mensah: I believe it was two projects. Mr. Muhammad: Mr. Chair. Thank you, sir. Chair Sarnofff. You're -- Mr. Muhammad: Go ahead. Commissioner Gort: Thank you. Look -- Mr. Muhammad: Thank you, Mr. Chair. Chair Sarnofff. Thank you. Anyone else from the public wishing to be heard on PH.5? Hearing none, seeing none, the public hearing is now closed. Commissioner Gort, you're recognized. Commissioner Gort: I don't know if you heard the news today, but foreclosures and abandoned homes have gone up -- and I forget the percentage -- have gone up. Andl can tell you, within my districts [sic], I'm working very close with CDBGs because there's a lot of homes that have to be secured because you have the homeless going in there and you got the delinquents going in there and it's a fire hazard, and it's a problem for the neighborhood, especially those people that want to keep those neighborhood in good place. I don't have any problem with the CDBGs. I think they're doing a great job and they're working very closely with us. Chair Sarnofff. All right. Commissioner Dunn. Commissioner Dunn: I'm prepared to move it. City ofMiami Page 43 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 PH.6 10-00986 Department of Community Development Vice Chair Carollo: Second. Chair Sarnoff All right. We have a motion by Commissioner Dunn, second by the Vice Chair. Any further discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE AMENDED ALLOCATION OF 36TH PROGRAM YEAR (FISCAL YEAR 2010-2011), COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN THE AMOUNT OF $2,304,039 IN THE ECONOMIC DEVELOPMENT CATEGORY, TO THE AGENCIES SPECIFIED IN ATTACHMENT "A," ATTACHED AND INCORPORATED, FOR ECONOMIC DEVELOPMENT ACTIVITIES BEGINNING OCTOBER 1, 2010 AND ENDING MARCH 31, 2011; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED AGREEMENT(S), IN SUBSTANTIALLY THE ATTACHED FORM(S), FOR SAID PURPOSE. 10-00986 SUMMARY FORM.pdf 10-00986 PUBLIC NOTICE.pdf 10-00986 PRE RESOLUTIONS.pdf 10-00986 LEGISLATION. pdf 10-00986 EXHIBIT. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0360 Chair Sarnoff PH. 6. Lillian Blondet (Assistant Director): Lillian Blondet, Department of Community Development. Again, this is an item that was brought to the Commission on June 21 for economic development activities and now we are amending the amounts because of the shorter year. So on -- this resolution is to amend the allocations for -- of the 36th program year 2010-11 of CDBG (Community Development Block Grant) funds in the amount of $2,304,039 in the economic development activity to the agencies that were already allocated. We're allocating half the amounts that we did before, andl can read those amounts for the record. For ABDA (Allapattah Business Development Authority), for facades, $65,000; Rafael Hernandez Housing and Economic Development Corporation, 25,000; NANA (Neighbors and Neighbors Association), for micro -enterprise, 75,000; Contractor Resources, 62,500; for the Code Enforcement hard costs and facade program, $450,000. We're allocating for the District 5 micro -enterprise program, $123,670. For WDNA, we are -- that's a special economic activity, 45,500; for the reserve account in the Department, it's $308,880; Little Haiti Housing Association, 53,000; for the City ofMiami Department of Capital Improvements, 300,000; for public facilities and improvement reserve account, $795, 489. Chair Sarnoff All right, let me open up a public hearing. Anyone from the general public wishing to be heard on PH. 6, please step up. You're recognized for the record. Grady Muhammad: Good morning again, Mr. Chairman, Commissioners. Grady Muhammad. City ofMiami Page 44 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Again, it's a wonderful thing, but I think the little $25, 000 for Rafael Hernandez Housing and Economic Development and you go up Northeast 2ndAvenue and you look at all of the wonderful work that they've done, when we talking about the hard costs that goes to the City or the facade program, it should goes [sic] to Rafael Hernandez 'cause what really can $25, 000 do except potentially pay some rent, pay a light bill, but it definitely can't pay any salaries. And what Rafael Hernandez Housing does in District 5 and what they're doing -- again, literally along the whole Northeast 2ndAvenue corridor with all the little (UNINTELLIGIBLE) on both sides of the commercial, that is a wonderful organization, doing a wonderful job. And like I said, $25,000 is -- like my mom said, it ain't enough to say grace over. We should be trying to get the money on to the organizations who are doing the work, not back to the City. I understand the City has a financial crisis, but we should let -- again, this is more bang for the buck 'cause it goes directly out to the community. And again, the same thing with Allapattah Business Development. With the hard cost $450,000, we shouldn't have no money -- $308,000 in economic development reserve. We need to get this money out on the street. We don't have -- need to have money in reserve. We need to put it out on the street to the businesses and organizations. Thank you. Chair Sarnoff Thank you. All right, anyone from the general public wishing to be heard on PH.6? Seeing none, hearing none, coming back to the Commission. The public hearing is now closed. Commissioner Dunn: Mr. Chair. Vice Chair Carollo: So moved. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Commissioner Dunn: Mr. -- Chair Sarnoff Commissioner Dunn, you're recognized. Commissioner Dunn: Yes. I do support this item, andl also agree with Mr. Muhammad in terms of some of the agencies that have done good work in our community, in District 5, but in the City as a whole. I have asked Mr. Mensah, just for your information, to look at being able to allocate some dollars to those type of agencies down the road, particularly in District 5 because we want, we need, we have to have agencies who are performing, so I support what you say. Chair Sarnoff All right. Anyone else wishing to be heard on PH.6? Hearing none, this is a resolution, gentlemen. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. PH.7 RESOLUTION 10-00987 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE AMENDED ALLOCATION OF HOME Development INVESTMENT PARTNERSHIP PROGRAM ("HOME") FUNDS, IN THE AMOUNT OF $4,974,286, FOR HOUSING PROGRAMS, FOR FISCAL YEAR 2010-2011, IN THE CATEGORIES AS SPECIFIED IN ATTACHMENT "A", ATTACHED AND INCORPORATED, FOR THE DEVELOPMENT OF City ofMiami Page 45 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 AFFORDABLE HOUSING; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE AMENDED ALLOCATION OF SAID FUNDS. 10-00987 SUMMARY FORM.pdf 10-00987 PUBLIC NOTICE.pdf 10-00987 PRE RESOLUTIONS.pdf 10-00987 LEGISLATION. pdf 10-00987 EXHIBIT. pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0361 Chair Sarnoft PH.7. George Mensah: George Mensah, director of Community Development. PH.7 is a resolution which amended the allocation for the HOME (Home Investment Partnership Program) program for 2010-2011, in the amount of approximately $4.9 million. The only change here was reduce the amount of administration by half of it and then the rest went into housing services. Chair Sarnoff All right. Let me open up a public hearing. PH.7, anyone from the general public wishing to be heard on PH.7, please step up. Hearing none, seeing -- sorry. Grady Muhammad: Liberty City -- this is -- again, from the Teele's deal. The funds that going to Commissioner Gort's district, I think District 3 for the housing, you're doing good, but Model City was never finished. From HUD (Department of Housing and Urban Development) -- when the money came down, the monies that was in the complaints with the Model City Trust, the problem was originally monies was spent prior to the environmental being done, but again, the Model City Trust is gone and Liberty City Trust is there. The original intent to use the money for there for three to five years was never completed, and so that mission was aborted. Therefore, in District 5, in Liberty City, with the Liberty City Trust not having funding, it can't carry out the mission it was originally created or recreated to create. Andl think you definitely need to look at potentially a system in Liberty City Trust and any ways necessary because if we want to be able to do -- they are the official economic, you know, agency we requested to do development in Liberty City. I think they need to be supported, andl think Liberty -- the plan to develop Liberty City through the Liberty City Trust should likewise be implemented. And like -- I think Commissioner from the County would say, you done good. Chair Sarnoff Thank you. Anyone else in the general public wishing to be -- Vice Chair Carollo: Commissioner Rolle. Chair Sarnoff -- heard on PH.7? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: Mr. Chair -- yes, there is. Chair Sarnoff You're recognized. Commissioner Dunn: Move. Chair Sarnoff All right. We -- City ofMiami Page 46 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 PH.8 10-00988 Department of Community Development Vice Chair Carollo: Second. Commissioner Dunn: For discussion. Chair Sarnoff Commissioner Dunn. We have a motion, second by the Vice Chair. Any discussion, gentlemen? Commissioner Dunn: Again, I ditto what Mr. Muhammad said. Again, we have been working with Mr. Mensah, as well as with Liberty City Trust for future plans in terms of being able to implement, and even to the point of them becoming self-sufficient since, as you know, they're not on the City's dime, so we want to be able to assist them in what they're doing. So we are in ongoing discussions with that. I just want to point out for the record so that people who might be here or who might be watching will have a full understanding that this is not going unnoticed or neglected. Chair Sarnoff All right, any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXTEND THE AGREEMENT END TERM DATE, BETWEEN THE CITY OF MIAMI AND NEIGHBORS AND NEIGHBORS ASSOCIATION, INC., FROM OCTOBER 15, 2010 TO OCTOBER 15, 2011, TO ALLOW FOR THE COMPLETION OF THE REHABILITATION AND CONSTRUCTION IMPROVEMENTS OF THE PROPERTIES LOCATED AT 5861 NORTHWEST 17TH AVENUE AND 5841-45 NORTHWEST 17TH AVENUE, MIAMI, FLORIDA, KNOWN AS THE DISTRICT 5 BUSINESS CORRIDOR EXPANSION PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-00988 SUMMARY FORM.pdf 10-00988 PUBLIC NOTICE.pdf 10-00988 LETTER-NANA.pdf 10-00988 AMENDMENT NO.1. pdf 10-00988 SPECIAL GRANT AGREEMENT. pdf 10-00988 LEGISLATION. pdf 10-00988 EXHIBIT. pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0362 Chair Sarnoff PH.8. George Mensah (Director, Community Development): Commissioners, PH.8 is authorizing the City Manager to extend the agreement and end term date between the City ofMiami and NANA, which is Neighbors and Neighbors Association, for two construction improvement projects of City ofMiami Page 47 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 businesses located at 5861 Northwest 17th Avenue and 5841-45 Northwest 17th Avenue, for an additional year. Chair Sarnofff. All right, let me open up a public hearing. Anyone from the public wishing to be heard on PH.8, please step up. You're recognized for the record. Leroy Jones: Leroy Jones, Neighbors and Neighbors Association, 180 Northwest 62nd Street. I wish I could be standing here saying that the construction has started. But, however, sometimes when you take on projects, you don't know the magnitude or the things that's unseen as it relates to a project. I think I might be off one or two, but I've done about 46, 47 commercial rehabs, and I would say the average property -- commercial property probably got between 60 and $90,000. I'm talking about interior and exterior commercial rehab. Now these projects we doing here is not facades. We doing commercial rehab, so it's broader than just some paint or some awnings or some doors. Both of these projects is job creation projects, so at the end, we're going to expect job creation from these projects. I'm going to tell you some of the problems that we ran across with this project. Given the area that they're located in, the businesses selected for this project didn't have adequate parking or the standard setback, so you know that's an issue right off the bat. Therefore, it required strategic planning and approach. We had to develop a plan of rehab these commercial sites. The plan had to include applying for a Class II Special Permit in which it had to come to the City ofMiami Commission to be approved. Additionally, the process included us contacting the Liberty City Trust to work with them to obtain getting an agreement for Off -Street Parking Authority because neither one of these properties had parking. Some years ago when they widened 17th Avenue, they took the parking that the businesses had -- Chair Sarnofff. Stop, stop, stop. Mr. Jones: -- so neither one had parking. Yes. Chair Sarnofff. Does any Commissioner have an issue with this? Commissioner Dunn: Not at all. Vice Chair Carollo: No. Chair Sarnofff. All right, so why don't we do this. Mr. Jones: Thank you. Commissioner Dunn: You're good. Mr. Jones: All right. Chair Sarnofff. Mr. Cruz -- Mr. Jones: But I just want to -- I brought this here so you could see -- I just want to say this, Mr. Chair, and I'm going to finish with this. To let you know that we almost finished. One of the projects is already -- is in DERM (Department of Environmental Resources Management), and after it finish DERM, then it go to WASA (Water and Sewer Authority), then we could pay the impact fees and get the permit. The other project -- Chair Sarnofff. Leroy -- Mr. Jones: -- is already at WASA. Chair Sarnofff. -- Leroy. City ofMiami Page 48 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Mr. Jones: Yes. Chair Sarnofff. Judge King once taught me -- Mr. Jones: Okay. Chair Sarnofff. Don't snatch. Chair Sarnofff. -- you won, but if you'd like -- Mr. Jones: All right. Chair Sarnofff. -- to keep talking -- Mr. Jones: Thank you. No. Chair Sarnofff. -- you certainly can try -- Now, Mariano, why would you say anything? Mariano Cruz: If we have the votes, I don't have to make the speech. Thank you. Chair Sarnofff. Thank you. Anyone else in the general --? Grady Muhammad: Yes. Chair Sarnofff. I don't under -- okay. Mr. Muhammad: This is a good one. It's a great project, and it should be -- again, this is the organizations that perform, and organizations like this that perform should be supported wholeheartedly. Thank you, Mr. Chair. Chair Sarnofff. That was quick, that was good. All right, anyone else in the general public having a need to come up for PH.8, please don't -- Commissioner Dunn: Move. Chair Sarnofff. -- let me stop you. But hearing none and seeing none -- Commissioner Dunn: Move it. Vice Chair Carollo: Second. Chair Sarnofff. -- the public hearing is closed. Motion by Commissioner Dunn, second by the Vice Chair. Any discussion, gentlemen? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. Chair Sarnofff. All right. Just to let you know how we're going to close out this morning's meeting, we're going to hear from the Mayor on all his issues -- and I wholeheartedly apologize to you. I never saw your issues. I would never have made you wait. I did not look at the agenda that carefully to see that you had issues. I would also like to take RE.8 out of turn and have that heard in the morning session. END OF PUBLIC HEARINGS ORDINANCE - SECOND READING City ofMiami Page 49 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 SR.1 10-00425 Office of Strategic Planning, Budgeting, and Performance FR.1 10-00739 Honorable Mayor Tomas Regalado ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 09-0454, ADOPTED SEPTEMBER 29, 2009, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00425 Legislation FR/SR.pdf 10-00425 Exhibit SR.pdf 10-00425 Summary Form FR/SR.pdf 10-00425 EXHIBIT SR 09-16-10.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Item SR.1 was deferred to the City Commission meeting currently scheduled for September 23, 2010. END OF ORDINANCE - SECOND READING ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, CURRENTLY ENTITLED "COIN -OPERATED MACHINES AND ESTABLISHMENTS," BY AMENDING THE TITLE TO "AMUSEMENT GAMES OR MACHINES," CLARIFYING EXISTING LANGUAGE, ADDING DEFINITIONS, CREATING A LICENSING STRUCTURE AND REGULATORY SCHEME, PROVIDING FOR ENFORCEMENT AND PENALTIES, AND PROHIBITING UNAUTHORIZED AMUSEMENT GAMES OR MACHINES; AMENDING CHAPTER 31/ARTICLE II OF THE CITY CODE ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR)," MORE PARTICULARLY BY AMENDING SECTION 31-50, ENTITLED "SCHEDULE OF ESTABLISHED BTR'S," BY DELETING AN ESTABLISHED BTR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 50 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00739 Legislation FR 7-22-10.pdf 10-00739 LEGISLATION FR 9-16-10.pdf 10-00739-Legislation-FR 9-16-10-SUB. pdf 10-00739 Legislation SR 9-23-10.pdf 10-00739-Submittal-District 4.pdf 10-00739 Legislation SR 10-14-10.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Chair Sarnoff. Now we have FR.1 Mayor Tomas Regalado: Good afternoon. Commissioner Dunn: Good afternoon. Chair Sarnoff. Good afternoon, Mr. Mayor. Mayor Regalado: FR.1 is an ordinance to regulate the coin -operated machines in the City of Miami. As you know, you authorized a moratorium that would run until October 1. And after October 1, we go back to what we had now, which is unlimited sale of the stickers for coin -operated machines. I believe that Administration, Barnaby Min, has the legal study that has been done and, of course, we have Finance here for the economic impact of this ordinance. Barnaby Min: Good afternoon, Commissioners. Chair Sarnoff. Good afternoon. Mr. Min: As the Mayor stated, this amendment is an amendment to Chapter 12. It's an attempt to regulate amusement machines that are in the City ofMiami. There's currently a moratorium concerning the issuance of BTRs (Business Tax Receipts) for these -- this type of amusement machine, but that BTR expires at least September 24, which is why I believe it's necessary that this amendment needs to happen. The purpose of the amendment is not about gambling or anything along those lines, but it's a necessity to regulate the machines that are legally allowed in the state of Florida and in the City ofMiami. The key factors -- the difference between what was first presented in June of this year and now is we now limit the number of machines to four per location, unless the applicant gets an exception from the PZAB board, Planning, Zoning and Appeals Board. The applicant is also required to show a proof of certificate from the Department of Revenue, from the State showing that they're allowed to have these types of machines before they can even get one from the City ofMiami. Those are the two major amendments from the original submission to the Commission and what is being presented today. Chair Sarnoff. All right. Let me open up a public hearing. Is there anyone from the public wishing to be heard on FR.1, the coin -operated machines and establishments? Mr. Prieguez, you're recognized for the record. Manny Prieguez: Thank you very much, Mr. Chairman and Commission. Manny Prieguez, 4000 Malaga Avenue, Coconut Grove, Florida 33133. Back on June 24, I believe it was when this item was first presented to the City ofMiami Commission on behalf of the Magic City Casino, we expressed our concerns with the ordinance. I also put into the record the fact that, you know, we felt very uncomfortable having to come in and oppose the ordinance based on the fact that the Mayor has been such a strong advocate and friend of the Magic City Casino and we obviously still feel that way. There have been some changes to the ordinance that was originally presented to the Commission. We still feel very, very strongly that it does not go far enough to City ofMiami Page 51 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 prevent these machines from being used for illegal gambling purposes. We feel that more should be done; that given the history that these machines have particularly in the City ofMiami where they have been confiscated and prosecuted for illegal activity -- I mean, there are a lot of cases and a wide range in history of these machines, these very machines in the past being used for illegal gambling in the City ofMiami. And moreover, these same machines are being used illegally today in cities like Hialeah for gambling, these same types of machines. We feel, you know, again, very, very strongly that the Commission, absent some additional regulatory means, should reject and vote against the ordinance as it reads right now today. So with that, you know, you know how we feel. And if there's any questions, I'm certainly free to answer. Thank you. Chair Sarnoff Thank you. Anyone else in the general public wishing to be heard on FR.1, please step up. Frank Veloso: Hi. My name is Frank Veloso. We own the Chevron at 2160 Southwest 8th Street. I hope everybody had a good lunch. I mean, my concern goes back a few years. I know the last Administration had done a good job with the NET (Neighborhood Enhancement Team) office and with the Police Department in closing down a lot of businesses, you know, that had these machines because of the environment and the quality of life that came with it, especially in, you know, bars or restaurants or whatnot. It came in -- you know, it came to my attention that, you know, these machines were back, you know, operating a few months ago. And my concern is -- you know, I know this City is saying that they're going to make -- you know, making $750,000 worth of fees and permitting and whatnot. But as a business owner, why would you want to have these machines if they're not going to generate money for yourself? And the only way to generate money having any of these machines is if the customers or the players are going to play it and hopefully make money from playing these machines. That's why you play the lottery, for a chance to win. That's why you play a lot of things. If -- I mean, if there's no chance to win, there's no one playing the machine. So all I say is to really think about this. It's hard for me to think that something that was nipped in the butt [sic] a few years ago is back out there again and is going to spend time with the police officers, with the NET officers trying to stop this from happening. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on FR.1 ? Chapman Smith: Good afternoon, Commissioners. Chapman Smith, 2699 Stirling Road, Fort Lauderdale, Florida. I'm an attorney here on behalf of Best Decision. I was recently engaged, and the City advised that I needed to be registered as a lobbyist for the City, which I am not, so I don't know if the City -- if the Commission will consider hearing me this afternoon on behalf of Best Decision regarding this matter. Chair Sarnoff Madam City Attorney. Julie O. Bru (City Attorney): We have advised him as to the requirements of the Code. You know, I can't muzzle him, but he's, you know, proceeding at his risk. I mean, it would be a violation of our lobbyist code. We're not the agency that enforces it, but you know, he should know that it is a violation. Chair Sarnoff Have you taken the Ethics course? Mr. Smith: I have not. They just made me aware of it. I was just retained. And explained to them that having appeared before many commissions throughout Dade and Broward County, I've never had to register as a lobbyist as an attorney; happy to do so and take the course, but wasn't aware that that existed here for the Commission. Chair Sarnoff I'm sorry. To go in front of the County, you do not have to register? City ofMiami Page 52 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Bru: Excuse me? Chair Sarnoff. To go in front of the County, you do not have to register? Ms. Bru: Well, I'm not familiar with the County ordinance in detail. I believe that the only time that attorneys don't register when they appear before the County is when you appear before a quasi judicial board. Chair Sarnoff. Right. That was my understanding as well. If you can get three Commissioners to vote to have you -- to waive the requirement, that would be okay with me. But otherwise, I don't think it's appropriate to come in front of a board and represent, you said, an industry or --? Mr. Smith: No. I represent a manufacturer and operator. Chair Sarnoff. Manufacturer. Well, I mean, it's one in the same. If you can get one of the Commissioners to make a motion and you can get three people, I think that would be an all right way to waive it. I don't hear a motion for you, so I thank you for coming. And I'm sorry you didn't know about the requirement. Mr. Smith: Well, then I would ask for the -- that the matter be continued, if that's possible, to allow me to do that for the benefit of the -- of my client, if that's the case? Chair Sarnoff. I think we're under a time constraint, are we not? Mr. Min: That is correct. And so counsel understands, there -- assuming this does pass on first reading, there would be a second reading and counsel could have the opportunity to meet the requirements. Mr. Smith: Well, you do have the issue -- I don't know when that Ethics course is available, how fast they do that, but I'll certainly try to do that if it -- and that's one of the constraints with, you know, not knowing that the City -- but I'll -- perhaps my client will want to speak on his own behalf. Chair Sarnoff Okay. Leo Perez: Leo Perez. I'm the Manager of the Best Decision, T,T C (Limited Liability Corporation). And I'm just here to -- I think that the fee that you're proposing, the $500 per machine fees, is a little excessive and I'd like to find somewhere in the middle basically because it's per machine, as I understand, not per location? Mr. Min: That is correct. Pursuant to Section 12.5, it's $500 per machine, and that's, again, up to four machines because that is all that's limited at per location; unless you get an exception, then there are flat scales. Mr. Perez: So it would cost $2,000 to put one location in -- for one location? Is it --? Mr. Min: For the regulatory fee. That does not include the business tax receipt. Mr. Perez: Is there any additional fee on top of that? Mr. Min: The business tax receipt would also have to be paid. Mr. Perez: Which is? Mr. Min: I believe that's $487? City ofMiami Page 53 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Mr. Perez: Okay. I'm just here to -- the per machine fee is excessive. It's excessive. Mr. Min: I'm sorry. The -- just to be clear, the BTR is $186 for the first machine and 34 for each additional, up to 10. Mr. Perez: Okay, BTR being? What is that? Mr. Min: The business tax receipt. Mr. Perez: Okay. Then that's allI have to say, just a bit excessive. Chair Sarnoff. Thank you, Mr. Perez. Anyone else from the general public wishing to be heard on FR.1, please step up. Hearing none, seeing none, coming back to the Commission. Commissioner Dunn: Mr. Chairman. Chair Sarnoff Yes, sir. Commissioner Dunn: I'd like to make a motion with discussion. Chair Sarnoff. You're recognized. Sorry. We have a motion. Do we have a second? Commissioner Suarez: Second for discussion. Chair Sarnoff. All right, second by Commissioner Suarez. You are recognized, Commissioner Dunn. Commissioner Dunn: Thank you, Mr. Chairman. Could you clam just for the record, I understand, that this item is really a move to regulate the industry and also to help, once again, the City to generate revenue and it is not in fact a gambling item? I need to just put that on the record. Mr. Min: That is exactly right, Commissioner. This ordinance has nothing to do with gambling. This ordinance does not allow gambling. It does not legalize gambling. This ordinance is meant to regulate amusement machines. Those machines do include the types of machines that are used for gambling purposes and they also include Pac-Man and Skee Ball and Pinball and all the other types of amusement machines that are used throughout the City that are not used for gambling purposes. The reality is there are bad apples out there that attempt to abuse the system and use these machines for gambling purposes. So this is an attempt to, number one, locate those machines so the City knows where they are so we can send out enforcement to find out if the machines are being used for gambling purposes or illegal purposes; and number two, to fund the task force that would be used for that purpose. What differentiates this ordinance from the one that was discussed earlier in Hialeah and what I believe should satisfy the concerns that have been raised is -- as I've stated, there is a regulatory fee on top of the business tax receipt that would be required. That regulatory fee is meant to fund a task force that would be used to enforce this ordinance. This ordinance requires that the machines be used in the open, that there are only four per location and that the operators have to comply with the strict requirements of this ordinance. And if they do not, the machines can be seized. There is a storage fee before they can be retained back and the operator is subject to both criminal violations as well as Code violations. Commissioner Dunn: Thank you. Chair Sarnoff. Thank you. Commissioner Suarez, you're recognized. City ofMiami Page 54 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Suarez: Thank you, Mr. Chairman. First, I want to commend the Mayor for listening to us. The first time that this issue came up, I think he made some modifications to the ordinance that are very, very good and -- certainly, him andl met once and discussed how we could better the ordinance to prevent machines that are gambling in nature. I have some issues with the ordinance, andl think that -- and I'd like to introduce an amendment to the ordinance as well, which I'll pass out. And basically, my amendment takes into account case law from other districts that have been cited in the Third DCA (District Court of Appeals) which kind of more narrowly define what is an amusement game so that we prevent the games that are actually being used for gambling and we separate those games from the other kinds of amusement games that could be legitimate. And my -- and if you look at the whereas clause of our ordinance, it says strictly prohibit -- whereas, a Florida Statute 849 strictly prohibits any gambling, or game of chance, involving the exchange of money or other thing of value under the pretense of a sale, gift, or delivery thereof. And it also says whereas, the purpose and intent of this ordinance, as amended, is to narrow the definition of amusement games and specifically to eliminate any misconstruction of the definition of the types of machines permitted. And the amendment that I'm proffering here, I think, does that. It would substitute for paragraph 12 -- Section 12(c), and it would be C and then D, and then D will be converted to an E. And it basically says no amusement game or machine that include -- and this is, by the way, an incorporation of the case law -- no amusement game or machine that includes an element of chance, including any game or machine that simulates a slot machine, casino card came, or any electronic casino game may reward the user with any money, credit, allowance, or additional chance to use the machine. Such amusement machines and games are strictly prohibited in the City. And the next subsection would say, prior to the issuance of a BTR for any amusement game or machine that simulates a slot machine, casino card game, or any electronic casino game, the applicant shall submit to the City written certification from an independent gaming laboratory licensed pursuant to Chapter 551 Florida Statutes that each machine fulfills all the requirements of Section 849.15, which is the Florida Statute that regulates these machines, Florida Statutes and Chapter 12 of the City Code. That would be -- if the maker accepts, that would be my modification to the ordinance. I think it's a good ordinance. Mr. Min: It is. Commissioner Suarez: Andl think with this additional clarification, I think it actually does what the ordinance proposes to do in the {4hereas'Section of the ordinance. It narrowly tailors the definition to eliminate any misconstruction in the case law, and this is an incorporation of the cases. I have a packet here that I can provide you with the cases that we prepared. Chair Sarnoff Thank you. Nice job. Commissioner Dunn: Of course. Chair Sarnoff. And so the maker accepts. Does the seconder accept? That was the seconder right there. Commissioner Suarez: I do. Chair Sarnoff. There you go. Any other discussion, gentlemen? All right, I think I closed the public hearing, did not? Ms. Thompson: Yes, you did. Chair Sarnoff. Okay. You know, I'd like to say something. Mr. Mayor, I didn't understand this, and for some reason, my mind has a great deal of difficulty getting around this andl don't understand why. I know it's not -- I know you want -- do not want gambling machines in the City City ofMiami Page 55 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 ofMiami. I know the intent of this is not to put gambling machines in the City ofMiami. It was always my concern, though, that what our intent and what would in fact happen are two separate things. And actually don't usually do this, but actually went to a couple of establishments to see what their receipts look like on the back of these machines. Almost every machine I had seen would have what appeared to be a tampered receipt. It looked like it had been taken on and taken off a number of times. With this amendment, I think it's a way of certfing that these -- this particular machine has in fact been inspected. Maybe you can even tighten it up in the second reading as to how that certification becomes affixed to the machine. And you know, I -- my hat's off to you, Commissioner Suarez, 'cause I will tell you this. And Mr. Prieguez may not like this. Gambling, when we take it from our own citizens, is not really the kind of gambling you want. You don't really want the guy coming home that's the bus driver spending his check on a game of chance to make money. If we had a -- it's not that I'm opposed to gambling. If we imported a bunch of rich people from Venezuela, Columbia, France, England, and they came here and spent their money, that's a little industry of its own kind. But when we take from our own citizens and it's not the very wealthy doing it, we're really taking money that has always concerned me that should have been spent either on food, on the roof over someone's head, or on someone's college education, and that has always concerned me. But be that as it may, my hat's off to you, Commissioner Suarez, 'cause you've come up with a good amendment that I can support. And the Mayor, I know what your intent is. Your intent is to make sure that nobody gambles, andl understand it. I just hope that the intent and the affect can sometimes not always go hand in glove. So I can support this. Mr. Min: Mr. Chair, may I respond? Chair Sarnoff. Yes. Mr. Min: I -- the Administration does have the same concern that you have, that some of these stickers are tampered with and traded from one machine to another. So I believe what the Department of Finance is in the process of doing is using the type of sticker that when you remove it, the sticker's destroyed. Chair Sarnoff. Okay. Mr. Min: Andl believe rather than trusting the vendor or the operator to put the sticker on the machine, the City staff will actually put it on the machine so we, the City and the Administration and the Commissioners, are sure and certain that that sticker belongs to that machine. Chair Sarnoff Mr. Min, since you're a lawyer, would you find out the name of that sticker, the type of sticker -- no, no, no. Don't do it now -- that it is? For second reading, would you put it in that that sticker shall be affixed to the machine and no substitute thereof? What's that? Commissioner Suarez: By the City instead of by the operator, 'cause I think -- Chair Sarnoff Yes. Commissioner Suarez: -- that's another good positive -- Mr. Min: It's been -- to me, it's been referred to as a chopper; that -- I can get the actual language. Chair Sarnoff Whatever the trade name industry is, can we put it in our ordinance? And can we put it that, you know, it's very clear that if this is removed -- exactly what you're saying. I just want to see it in the ordinance itself. Mr. Min: Yes, sir. City ofMiami Page 56 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff Okay. That being said, Madam -- any other discussion, gentlemen? Ms. Thompson: IffI might, Chair. Chair Sarnoff Yes. Ms. Thompson: I have in my possession a substitute for FR.1. Mr. Min: Yes. Commissioner Gort: Yes. Ms. Thompson: I need it to be stated on the record. Commissioner Gort: Yes. Mr. Min: I'm sorry, the substitute -- I believe the substitution includes the changes that I've made, which were limiting them to four machines per location, requiring the operator to get the certificate from the Department of Revenue first, and it also does add the words amusement game and machineTather than just amusement machine, which is how it was referred to previously. Ms. Thompson: Thank you. Mr. Min: Thank you, Madam Clerk. Commissioner Gort: Let me ask a question. My understanding is at this time, we have a lot of machines in the City and we don't know where they're at? Mr. Min: Correct. They are all over the place. And the previous ordinance allowed one operator to get one BTR for as many machines as he wanted. Commissioner Gort: Okay. Thank you. Chair Sarnoff All right. Anyone else? No. Madam City Attorney, it is an ordinance. Julie O. Bru (City Attorney): Okay. This ordinance will be modified with the amendment proposed by Commissioner Suarez. And we will take a look at that between first and second to make sure that it's all consistent. And if we have any problems, we'll discuss it with you before it comes back for second reading. Just want to make sure that everything -- Commissioner Suarez: Sure. Ms. Bru: -- that's stated here is consistent with the law. Commissioner Suarez: Yeah. Ms. Bru: Okay. Commissioner Suarez: Yes. Ms. Bru: All right. Commissioner Suarez: Sure. City ofMiami Page 57 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 FR.2 10-00989 Department of Finance The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, as modified, 4-0. Mr. Min: Thank you, Commissioners. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 18/ ARTICLE IX/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FINANCE/FINANCIAL POLICIES/FINANCIAL INTEGRITY PRINCIPLES", BY CLARIFYING THE FINANCIAL INTEGRITY PRINCIPLES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-00989 SUMMARY FORM FR/SR.pdf 10-00989 LEGISLATION. pdf 10-00989 Legislation SR.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, FR.2. Diana Gomez: Diana Gomez, Finance director. FR.2 is a first -- this is a first reading ordinance to amend the City's financial integrity principles to properly reflect fund balance classifications as required by GASB (Government Accounting Standard Board) Statement 54, entitled Fund Balance Reporting in Governmental Fund Type Definitions." Chair Sarnoff All right. Is there anybody from the general public wishing to be heard on FR.2? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Suarez: So moved. Chair Sarnoff We have a motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion -- Ms. Gomez: I -- excuse me. Can I say something? I just want to make a couple of corrections to the first reading, some things that are going to change between first reading and second reading. I just want to put them on the record. Chair Sarnoff Sure. Just don't go hey. Ms. Gomez: I'm sorry. I thought I said excuse me. On item -- on paragraph 5 on the reserve City ofMiami Page 58 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 policies, there's a sentence that says that the contingency reserve will be classed as 'assigned fund balance, 'but it should be said inassigned fund balance, 'and that's per the GASB Statement 54 that the classification is properly unassigned. And in paragraph 10 there's some clarification on the dates where the single audit and management letter of the City shall be prepared by the external auditor and presented by -- I mean -- I'm sorry -- should be prepared by the external auditor by April 30 of each year, as well as changing the external auditor shall present the findings and recommendations of the audit -- single audit and management letter to the Mayor and City Commission at a scheduled Commission meeting prior to July 30 of each year. So some wording changes to make it clear that the single audit management letter need to be prepared by April 30 and all of them have to be presented by July 30. Chair Sarnoff. All right. Any discussion? Vice Chair Carollo: Yes. Is there a motion? Chair Sarnoff. I think there has been a motion and a second, and you're at discussion. You're recognized for the record. Vice Chair Carollo: Thank you. Second reading, this will -- when will second reading be? Ms. Gomez: It'll be the first meeting of October, October 16, I believe it is. Vice Chair Carollo: So we'll have time to read up on GASB-54 and the implementation and all that. I'm okay with it for first reading. Chair Sarnoff. Make sure you get him GASB-54, not the GASB for Dummies; send that one to me. Ms. Gomez: Well -- Chair Sarnoff. Send him the GASB college edition. Ms. Gomez: -- I did send to each Commissioner a booklet that goes through, in very laymen's terms, what is being changed, and hopefully, you've had a chance to read that. It'll -- it should explain everything. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized. Vice Chair Carollo: Yeah. Most CPAs (Certified Public Accountants) know about GASB-54. Now it's reading it and interpreting it and so forth. So I want to have that, you know, time to make sure before we do second reading, so -- but I'm -- Chair Sarnoff. I just want -- I want you to know that I have -- now have a new law case that I have to know the distinction, the difference between GASB and statutory accounting. So I'm actually delving into your area and learning what is it admitted assets and nonadmitted assets. Vice Chair Carollo: Hey, you know, I'm sure there's a good CPA firm or a CPA that could be hired. Chair Sarnoff. Well put. All right, FR.2. Madam City Attorney, it is an ordinance. Julie O. Bru (City Attorney): This is an ordinance on first reading. City ofMiami Page 59 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 5-0. FR.3 ORDINANCE First Reading 10-01056 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO JAYS REAL ESTATE VENTURES, LLC D/B/A CL-1 BIG WASH, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FOR A SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01056 SUMMARY FORM.pdf 10-01056 MEMO BACKUP DOCUMENT.pdf 10-01056 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.4 10-01057 City Manager's Office ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO DDR MIAMI AVE, LLC, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FOR A SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01057 SUMMARY FORM.pdf 10-01057 MEMO BACKUP DOCUMENT.pdf 10-01057 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.5 10-01058 City Manager's Office ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO EQUITY PARTNERS NINE LTD D/B/A PUBLIX SUPERMARKETS INC., A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01058 SUMMARY FORM.pdf 10-01058 MEMO BACKUP DOCUMENT.pdf 10-01058 LEGISLATION.pdf City ofMiami Page 60 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.6 ORDINANCE First Reading 10-01060 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO MIAMI RIVER ASSOCIATES, LLC, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01060 SUMMARY FORM.pdf 10-01060 MEMO BACKUP DOCUMENT.pdf 10-01060 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.7 ORDINANCE First Reading 10-01061 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO MICHY'S RESTAURANT/MOSAIQUES, LLC A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01061 SUMMARY FORM.pdf 10-01061 MEMO BACKUP DOCUMENT.pdf 10-01061 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.8 ORDINANCE First Reading 10-01062 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO RELATED GROUP OF FLORIDA SANTA CLARAAPARTMENTS, LTD A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01062 SUMMARY FORM.pdf 10-01062 MEMO BACKUP DOCUMENT.pdf 10-01062 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II City ofMiami Page 61 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 FR.9 ORDINANCE First Reading 10-01063 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO THE CHILDREN'S PLACE CHILD CARE CENTER, A NEW BUSINESS, LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01063 SUMMARY FORM.pdf 10-01063 MEMO BACKUP DOCUMENT.pdf 10-01063 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.10 ORDINANCE First Reading 10-01064 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO TUSCAN PLACE LTD PARTNERSHIP, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01064 SUMMARY FORM.pdf 10-01064 MEMO BACKUP DOCUMENT.pdf 10-01064 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.11 ORDINANCE First Reading 10-01065 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO WASHINGTON MUTUAL BANK FA. % ALLAPATTAH GARDENS, LTD, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01065 SUMMARY FORM.pdf 10-01065 MEMO BACKUP DOCUMENT.pdf 10-01065 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.12 ORDINANCE First Reading City ofMiami Page 62 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-01066 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO WEE'S BROTHERS INC. D/B/A CASABLANCA FISH MARKET, AN EXPANDING BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FOR A SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01066 SUMMARY FORM.pdf 10-01066 MEMO BACKUP DOCUMENT.pdf 10-01066 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.13 ORDINANCE First Reading 10-01067 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO WEE'S BROTHERS, INC D/B/A CASABLANCA SEAFOOD BAR AND GRILL, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FOR A SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01067 SUMMARY FORM.pdf 10-01067 MEMO BACKUP DOCUMENT.pdf 10-01067 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.14 ORDINANCE First Reading 10-01068 City Manager's Office AN ORDINANCE OF THE MIAMI CITY COMMISSION, GRANTING AN AD VALOREM TAX EXEMPTION TO WORLD WIDE CONCESSIONS, INC. D/B/A CHILI'S GRILL & BAR BAYSIDE, A NEW BUSINESS LOCATED IN THE ENTERPRISE ZONE; PROVIDING SCOPE AND TERMS OF EXEMPTION; PROVIDING FORA SEVERABILITY CLAUSE, AN IMMEDIATE EFFECTIVE DATE, AND AN EXPIRATION DATE. 10-01068 SUMMARY FORM.pdf 10-01068 MEMO BACKUP DOCUMENT.pdf 10-01068 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be WITHDRAWN PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II FR.15 ORDINANCE First Reading 10-01069 City ofMiami Page 63 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Office of the City Attorney RE.1 10-00991 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 6 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; SPECIAL PERMIT REQUIRED/BILLBOARDS", BY CREATING A NEW SECTION 62-618.8 ENTITLED "NEW RELOCATION AND RECONSTRUCTION AGREEMENTS," CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01069 FR/SR MEMO.pdf 10-01069 FR/SR LEGISLATION.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Department of Capital Improvements Program Note for the Record: Item FR.15 was deferred to the City Commission meeting currently scheduled for September 23, 2010. END OF FIRST READING ORDINANCES RESOLUTIONS RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH REYNOLDS, SMITH & HILLS, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE PROVISION OF MISCELLANEOUS CIVIL ENGINEERING SERVICES, IN AN AMOUNT NOT TO EXCEED $500,000, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM $1,000,000, TO AN AMOUNT NOT TO EXCEED $1,500,000; ALLOCATING FUNDS FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECT. 10-00991 SUMMARY FORM.pdf 10-00991 PRE RESOLUTION.pdf 10-00991 AMENDMENT NO.1.pdf 10-00991 LEGISLATION.pdf 10-00991 EXHIBIT.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0390 Chair Sarnoff All right. I think we go now to the REs (Resolutions). RE.1. Alice Bravo (Director): Good afternoon. Alice Bravo, with Capital Improvements. RE.1 is a request to increase the capacity for a miscellaneous civil engineering contract from the current capacity of one million to one point five million. Chair Sarnoff All right. Let me open up a public hearing. Anyone from the public wishing to be heard on RE.1, please step up to the podium. Hearing none, seeing none, coming back to the City ofMiami Page 64 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.2 10-00992 Office of the City Attorney Commission. Do we have a motion? Commissioner Dunn: So moved. Commissioner Gort: Second. Chair Sarnoff Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICT OF INTEREST COLE, SCOTT & KISSANE, P.A., MAY HAVE, IF ANY, TO ENABLE IT TO REPRESENT DOUBLETREE HOTELS, LLC, d/b/a DOUBLETREE HOTEL - COCONUT GROVE, IN THE MATTER OF AURORA BARBARA VS. MIAMI-DADE COUNTY, ETAL., MIAMI-DADE CIRCUIT COURT CASE NO. 10-33690 CA 31. 10-00992 MEMO.pdf 10-00992 LEGISLATION. pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0391 Chair Sarnoff RE.2. Julie O. Bru (City Attorney): Mr. Chair, members of the Commission, this is a request to waive a conflict for the law firm of Cole, Scott & Kissane. They represent Doubletree Hotels. And that is a case that is a slip -and -fall case involving a sidewalk that may or may not be within the jurisdiction of the City and we may or may not be in that lawsuit as codefendants. So as you know, Cole, Scott & Kissane represents the City on a couple of matters at this time, and we are recommending to you that you waive this conflict of interest. Chair Sarnoff All right. Let me open up a public hearing. Anybody from the general public wishing to be heard on RE.2, please step up to the podium. Hearing none, seeing none, coming back to this Commission. Gentlemen, do we have a motion? Vice Chair Carollo: So moved. Commissioner Suarez: Second. Commissioner Gort: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Gort. Any discussion? All right. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. City ofMiami Page 65 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.3 RESOLUTION 10-00993 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY AGUSTIN GARCIA $33,000, MARYARA CAMACHO $25,000 AND PANISSE PADILLA $25,000, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE SUM TOTALLING $83,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED AGUSTIN GARCIA, ET AL. VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, CASE NO.:05-19016 CA-22, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 10-00993 MEMO.pdf 10-00993 MEMO- BUDGET.pdf 10-00993 LEGISLATION.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0392 Chair Sarnoff RE.3. Julie O. Bru (City Attorney): This is a proposed settlement. I am recommending it for your approval. This is a tort claim involving three plaints. The allegations are of false arrest and battery, and the total settlement amount in this case would be $83,000. This is a case wherein the maximum exposure without a claims bill would be $200,000. Chair Sarnoff All right. Anybody from the general public wishing to be heard on RE.3, please step up. Hearing none, seeing none, the public hearing is now closed, coming back to this Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? All right. All in favor, please say iiye. " The Commission (Collectively): Aye. RE.4 RESOLUTION 10-00994 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Attorney DIRECTOR OF FINANCE TO PAY JEFFREY KEATING, RICH HERSH, BONNIE REDDING, JASON KOTOCH AND RAYMOND DEL PAPA, WITHOUT City ofMiami Page 66 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $130,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED JEFFREY KEATING, ET AL. VS. CITY OF MIAMI, ETAL., PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 07-23005-CIV-MARTINEZ, UPON THE EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000. 10-00994 MEMO.pdf 10-00994 MEMO BUDGET.pdf 10-00994 LEGISLATION.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0393 Chair Sarnoff RE.4. Julie O. Bru (City Attorney): RE.4 is another proposed settlement. This is a case pending in Federal Court, Jeffrey Keating. It involves a claim by various plaints arising out of an incident that occurred during the FTAA (Free Trade Area of the Americas) protests. We are recommending a settlement in the amount of $130, 000. This case does involve serious injury. And along with this, I'm happy to report that out of the 16 cases that arose out of the FTAA demonstrations, this -- if we resolve this one, we will only have three cases pending, andl think that we've done very well. I will be reporting to you very shortly on the total number of cases and what the settlements were. And if you compare it to some of the other jurisdictions involved, I think we did very, very well in defending the conduct of the Police Department during that demonstration. Chair Sarnoff. All right. RE.4. Is anybody from the general public wishing to be heard on RE.4? Hearing none, seeing none, coming back to this Commission. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff. Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff. -- second by Commissioner Gort. Any discussion, gentlemen? Vice Chair. Vice Chair Carollo: No. Chair Sarnoff. Okay. All right. Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. City ofMiami Page 67 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.5 10-01049 Department of Capital Improvements Program Commissioner Gort: We get a lot of these every once in a while, andl hope we've learned from every one of them. And whenever certain departments involved fail, that we can go back to them and show them what it cost us every time they make a mistake, and let's make sure that those things don't repeat itself. I think we need to do that. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE SERVICES WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE GIBSON PARK PROJECT, B-30305B; ALLOCATING FUNDS IN THE AMOUNT OF $39,003.75, FROM CAPITAL IMPROVEMENT PROJECT NO. B-30305B, FOR SAID PURPOSE. 10-01049 SUMMARY FORM.pdf 10-01049 LEGISLATION.pdf 10-01049 EXHIBIT.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0394 Chair Sarnoff All right. This is RE.5. Alice Bravo (Director): Alice Bravo, CIP (Capital Improvement Programs). RE.5 is request for approval for a Water and Sewer agreement permit for Gibson Park project. Chair Sarnoff All right. Let me open up a public hearing. Anybody from the general public wishing to be heard on RE.5, please step up to the podium. Hearing none, seeing none, coming back to this Commission. Commissioner Dunn: Mr. Chairman. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: I move this one enthusiastically. Commissioner Suarez: Second with enthusiasm. Chair Sarnoff All right. We have two exercised; first, the mover being Commissioner Dunn; the second exercised would be Commissioner Suarez. Gentlemen, you have any discussion on this matter? Commissioner Dunn: Just very brief. This is one step closer to reality, andl want to thank my colleagues because this is definitely a well -used investment, particularly to the people in Overtown. So I wanted to put that on the record. Chair Sarnoff All right. Any further discussion? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. City ofMiami Page 68 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.6 10-00999 Department of Capital Improvements Program RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS, INC. ("ATS"), IN SUBSTANTIALLY THE ATTACHED FORM, TO FURNISH, INSTALL, OPERATE AND MAINTAIN A TRAFFIC INFRACTION DETECTOR PROGRAM FOR THE CITY OF MIAMI; THE GOAL OF THE PROGRAM IS TO REDUCE THE NUMBER OF FATALITIES AND INJURIES THAT RESULT FROM TRAFFIC ACCIDENTS AT CRITICAL INTERSECTIONS THROUGHOUT THE CITY, AND TO IMPROVE MOTORIST AND PEDESTRIAN SAFETY; THE PROGRAM IS ANTICIPATED TO GENERATE REVENUE FOR THE CITY, HOWEVER, ATA MINIMUM, THE PROGRAM WILL BE COST NEUTRAL TO THE CITY. 10-00999 SUMMARY FORM.pdf 10-00999 MEMO BACKUP.pdf 10-00999 LEGISLATION. pdf 10-00999-Exhi bit -SUB. pdf 10-00999-Submittal-Correspondence-RFP 09-10026 City of Miami Traffic Infraction Detector Progi 10-00999-Submittal-Presentation-City of Miami Traffice Infraction Detector Program. pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0387 Chair Sarnoff RE.6. Let's see, anybody here to speak on that? RE.6, you're recognized for the record, Mr. Martinez. Johnny Martinez (Chief of Infrastructure): Johnny Martinez, Office of the City Manager. I'd like to say while Alice sets up a little slide show for you guys. Some people might perceive the proposed Traffic Infraction Detection [sic] program as a vehicle for the City to help close the budget gap. Yes, the program will generate much -needed money and welcomed revenue. The Manager glows when he hears of new revenue streams that's not being imposed on our citizens but rather on the lawbreakers. But -- it's a very big but -- the purpose of Traffic Infraction Detection [sic] program is to make our city streets safer and to gain control of our intersections. Regaining control of our intersections requires changing behavior and you can only change behavior if there's consequences and the consequences are associated with the fines for running the red light. How many times have each one of us have been at an intersection patiently waiting for our to make our move but there's a Congo line of lawbreakers intentionally running the red light and we can't do it. And if you notice, that line is getting longer and longer and longer. It used to be three or four running the light; five or six now. Ten, twelve people will run the light in front of you. Our goal is to have zero revenue generated by this program in the future. And what do I mean by that? I mean that drivers are complying with the law and respecting each other; that we have regained control of our signal lights intersections; that there's an awareness of space and awareness of shared space and the City is more context sens -- is in a more context -sensitive environment. And an important note is that this -- or the Commission in February of 2008 gave the Administration the green light to have a red camera program. The item before you today is the recommendation of the Manager to award to the highest -ranked vendor, ATS (American Traffic Solutions). That procurement process was followed without a protest or an intent to protest. Alice Bravo (Director, Capital Improvement Programs): Okay. And just some safety overviews City ofMiami Page 69 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 of the program itself. In 2009 it's estimated that in Florida, 56 people -- individuals were killed as a result of crashes at a signalized intersection; 5,190 Floridians were injured. And Florida is one of the top three states for pedestrian and bicyclist fatalities. That's a statistics from the Florida Department of Transportation. More than 11 percent of pedestrian deaths across the U.S. (United States) occur in Florida, and at least 17 percent of bicyclists' deaths occur in the U.S. occur in Florida. On the next slide we have a map of Florida showing the municipalities that already have red-light traffic infraction programs. And in a 2000 survey -- a 2007 Florida survey indicated that 85 percent had support for a use of red-light cameras for enforcement. Within the City ofMiami, we found statistics from 2005 to 2010 related to the number of call outs that the police receives involving serious injury fatality -related crashes, and you could see here by area -- net area the calls that are received. Coconut Grove, 15; the Coral Way NET (Neighborhood Enhancement Team) area, 45; Little Havana, 49; Flagami, 54; downtown, 14, et cetera. Now it's estimated again by the Federal Highway Administration that having a Traffic Infraction Detector system reduces right-angle crashes by 25 percent and that injuries will be reduced by 16 percent. Over time this produces -- this type of system produces a positive change on driver behavior. And the other added benefit is that the cameras available to provide video footage of what happens at these intersections 24 hours a day, 7 days a week, 365 days a year. And in other municipalities, the use of the cameras and the footage being available has actually led to resolution of other violent crimes at intersections. In Gatlin, Tennessee, police solved construction -related thefts. In Houston, Texas, there was actually a shooting at an intersection; that the video footage was used to apprehend the people involved. In Seattle, Washington, a police officer related death was solved used -- with the use of footage from the cameras. And in Burlingame, California, again, once -- a shooting was solved with the help of the red-light cameras. Now this is used as a civil infraction. The notice of violation does not resolve in points or anything that affects someone's insurance rating. The paragraphs that are recorded document the vehicle, the rear, with the license plate information so there are no pictures of the driver. The Police Department has the chance to view the photographs before authorizing a notice of violation. And the violator has access to this data, along with a 12-second clip, in case they want to challenge the violation and take it to court. It's also a self funding system, the way it's structured There's a flat per camera fee at each intersection and it's -- actually, the fee will be reduced if the revenue collected at that intersection does not match the fee. The vendor provides a turnkey operation from taking the footage through the processing of the data to mailing out the violation notices and producing the documents that are needed for the violations to be upheld in court. It allows a more -- most effective use of our existing police resources by providing additional enforcement without the -- needing -- manning at these intersections. So overall, we're improving the safety effectiveness and providing a deterrent to red light running. The violation process is end -to -end. The processing -- the mailing of the notice of violation, First -Class mail; then a subsequent mailing of the uniform traffic citation if the initial notice fine is not paid within the 30 days. The critical step in the process is that once a potential violation is identified, the information is electronically forwarded to the City where a traffic infraction enforcement officer views the footage and gives that final authorization for -- of a violation to be issued. We're not going to be issuing violations for vehicles that are in an intersection because they're attempting a left-hand turn and are caught there with a red phase. Also the right turn on reds will not be the cause for issuance of a violation. And if a vehicle has already passed the stop bar, which is the white line where the green circle on the screen is, if a vehicle is past that point when the light turns red, they will not be issued a violation notice. So once again, it's a turnkey operation, and they're required to comply with the statute that was recently passed and with any rules that the state of Florida may promulgate. And this is what a violation notice looks like. You'll notice there's two photographs and that'll be mailed out with the violation. And the -- what the first photograph shows is that the vehicle is clearly behind the stop bar when the light turns red, and then the second photograph shows a vehicle beyond the stop bar when the light turns red. So this is proof positive that the vehicle in fact took the red light. And then, once again, the third shot that the vendors required to provide is the license plate information. As we initiate this program, we'll have a full public awareness campaign so that the community is informed as to the locations where the cameras will be installed, how the program works, the City ofMiami Page 70 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 laws being enforced, and can get factual information as to the program. Chair Sarnoff. All right. Anyone from the general -- you done with your presentation, Mr. Manager? Mr. Martinez: Yes. Chair Sarnoff. Okay. Anyone from the public wishing to speak on RE.6, please step up. Mariano Cruz: Yes, myself. Chair Sarnoff. Mr. Cruz, you're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 26th Street. The assistant Manager and the CIP (Capital Improvement Programs) director who say all this mumbo jumbo about safety and all that by saying we need the money in the City. We need money. That's what is the bottom line. Don't give me that. No. I am going to say that because I don't see anybody -- of the hundreds of people that call the radio programs, oh, look at all that, nobody's here. Nobody's here, but I am here. But you know, it doesn't bother me. I haven't get a traffic ticket in years. I have -- anyway, I have a law firm that represents me just in case. I got a lawyer in retainer that pay, you know. I pay just in case. Not you but another lawyer. Chair Sarnoff. Do you keep him on retainer? Mr. Cruz: Huh? Chair Sarnoff. Do you keep him on retainer? Commissioner Gort: How much you pay him? Mr. Cruz: No. But listen, going to be a problem because ATS is a private entity. It's not a government function. It's not government. And anyway, I am ACLU (Americans Civil Liberties Union) andl know my amendments. First -- I am here petition redress grievances. I know it's -- the Commission is going to approve it. I am realistic and pragmatic, but I'm going to say my piece, redress grievances. The four amendment -- and what the Fourth Amendment or the Fifth Amendment? The private life of property without due process of law. What's going to be the due process and the duty? Oh, come on, don't tell me you're going to process a car 'cause the camera (UNINTELLIGIBLE) one that could be running the light. You don't know who's driving the car, huh? Come on, don't tell me that. Not only that. In common law, you got something over $20, you can ask for a trial by jury, so it is government. I tell the people all the violations you get, ask for a trial by jury and then you will stop the cash register justice because that's what it is. In Spanish, we call that -- the name for it tax -- a hidden tax is impuesto. It's an imposition, an imposition that you put on people. You call it -- you can call it fee -- Chair Sarnoff Thank you. Mr. Cruz: -- America Traffic Solutions. Chair Sarnoff Thank you. Mr. Cruz: No, no, no, no. You give plenty of time to these people, too, okay. I am public. Equal treatment under the law, okay, because that's what you -- (UNINTELLIGIBLE) leadership of equal justice for all -- Chair Sarnoff. All right. City ofMiami Page 71 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Mr. Cruz: -- or for some. Chair Sarnofff. If you can quote me the amendment for equal protection -- Mr. Cruz: No, no, no, no, no. Chair Sarnofff. Wait, wait, wait. Quote me the amendment for equal protection. Mr. Cruz: Also, no private entity can give you a fine, just government. Chair Sarnofff. All right. Mr. Cruz: Remember that. AndATS is not a government agency. Chair Sarnofff. Okay. Mr. Cruz: It will be open for all kind of suits. You'll see. Chair Sarnofff. Mr. Cruz, 'cause I like you so much, andl truly do, I just want you to know that there have been other -- Mr. Cruz: Case law. Chair Sarnofff. -- states -- wait. Let me finish. -- that have found under the Fifth Amendment to the United States of America that this is within due process. The thing you wanted to tell us -- I don't think this will pass muster -- is under the Florida Constitution and it's called the Open Access to Courts Provision. Your concept is right, but I just want you to get the actual constitution right. That affords you more protection than does the federal constitution. Your concept is right, but I want you to quote it right to other people. Mr. Cruz: No, no. You know, what I said when I was here, everybody's equal under the law. But if you got more money, you're more equal. Chair Sarnofff. Thank you. Anyone else in the general public wishing to be heard? You're recognized for the record, Mr. May. This is not about Flagstone, right? Brian May: No. Chair Sarnofff. Okay. 'Cause I don't think -- Mr. May: No. Chair Sarnofff. -- we could have kept the Vice Chair here. Mr. May: And I'll be much briefer, I promise. Mr. Chairman, Brian May, representingACS Solutions, who was the second -ranked proposer on this process. Yesterday afternoon a letter was sent to all of you and to the Mayor and to the Manager on behalf ofACS. It was actually sent by my client, registering some issues that they had with the RFP (Request for Proposals), with the process, and also pointing out some things that they thought would be in the best interest of you as the contracting entity. I first want to express my apologies for my client actually getting that letter out so late. Andl also want to apologize publicly to Johnny Martinez and to the Manager 'cause, you know, I think the right thing would have been probably to call them and it didn't get done andl take full responsibility for that, so I apologize. That being said, I've entered the letter into the public record. I'm really not going to get into any of the details of it, but there's just one City ofMiami Page 72 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 issue that my client did want to raise so I will raise it and then I'll sit down. During the -- in the RFP process, ATS proposed the use of its TC16MP camera system for the City ofMiami, and that system is described in their proposal as a commercial grade camera solution offering scientific features and benefits, features that frankly ACS believes are not available in ATS's older, sort of Legacy red-light camera systems. It's unclear to ACS if the new TC16MP solution has actually ever been installed in Florida. Although it has been offered and proposed within RFPs and we've seen it many times around the state, we have not actually seen it installed in Florida. Chair Sarnoff And in conclusion. Mr. May: Yes. We're getting there very quickly. Chair Sarnoff We're getting there now. Mr. May: The issue is significant to ACS in that they've lost a procurement to ACS based upon -- Chair Sarnoff Okay. Mr. May: -- their submission -- Chair Sarnoff This isn't a bid protest. Mr. May: -- (UNINTET,T IGIBT,F) system. Chair Sarnoff If you want to -- Mr. May: It is not. Chair Sarnoff -- say something to improve our judicial -- Mr. May: Here it is. Chair Sarnoff Okay. Here we go. Mr. May: Here it is. Chair Sarnoff There you go. Mr. May: We would simply ask the Commission to confirm that ATS will in fact actually install the very system, the TCM -- TC16MP camera system that they actually proposed in the REP. Chair Sarnoff All right, before you -- before we confirm that, Mr. Martinez, step up. Was the TC16MP camera system commercial grade part of the RFP process that they said they would install? Mr. Martinez: Yes. Chair Sarnoff Yes. Mr. Martinez: Yes. Chair Sarnoff Yes. Okay. Now I'm going to have A -- I always get you guys mixed up. Vice Chair Carollo: ATS. City ofMiami Page 73 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff ATS. Mr. Martinez: ATS, ACS. Chair Sarnoff ATS. Mr. ATS, please step up. Greg Parks: Hello. Chair Sarnoff I do have a concern 'cause what I remember the bid protest was -- I'm a street furniture kind of guy, andl remember the camera being much more elegant on a TC16 versus the one that he was showing us in the bid protest. Will you be installing the TC16MP camera system? Mr. Parks: Yes. Chair Sarnoff Fine. There you go. Priscilla A. Thompson (City Clerk): I'm sorry, Chair. We didn't get a name on the record. Chair Sarnoff Oh, I apologize. Mr. ATS, you need to state your name. Mr. Parks: Greg Parks, senior vice president, 7681 East Grade Road, Scottsdale. Chair Sarnoff And there is -- let me just one more time, Mr. Park [sic]. There will be no substitution for the TC16MP, correct? Mr. Parks: No. We'll provide as specified and contracted. Commissioner Gort: No. Chair Sarnoff Okay. Go ahead. Commissioner Gort: Mr. Chairman, just for the -- those of us that have been here like this since November and January of this year, the City ofMiami, it's my understanding, passed the ordinance approving the camera in 2008, February of 2008. Mr. Martinez: Yes. Commissioner Gort: Well, it's in front of us today as an RFP, not the -- the camera already -- that was passed in February of 2008. Chair Sarnoff That's correct. Mr. Martinez: Yes. Commissioner Gort: Just a point of clarification. Mr. Martinez: Yes. Chair Sarnoff Yes. All right. Commissioner Suarez: I move the Manager's recommendation with discussion. Chair Sarnoff All right. We have a motion by Commissioner Suarez. Do we have a second? City ofMiami Page 74 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Thompson: Excuse me, Chair. Are you going to close your public hearing? Chair Sarnofff. I was. I was going to take the second, then close it. Ms. Thompson: Okay. Chair Sarnofff. But thank you for reminding me. Ms. Thompson: You're welcome. Chair Sarnofff. Is there a second for discussion? Vice Chair Carollo: Second. Chair Sarnofff. All right, second by the Vice Chair. I'm going to close the public hearing. Is there anyone else wishing to be heard on RE.6? All right, public hearing is now closed. Commissioner Suarez, you're recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. I think I wanted to kind of piggyback off what Commissioner Gort had said that, first and foremost, this is not a sanction vote on the camera systems in any way, shape, or form. This is simply a ministerial act of implementing what has already been decided as a policy decision much before I was elected, so I want to put that on the record. I also want to put on the record that I've had my concerns that I've shared with the Administration and with the companies that have come to see me about some of the issues, andl think some of that was addressed in this process, and then I have to -- I'm -- I want to commend you for that. One of the issues was the red light turns. I have a huge issue with the red -- you know, the tickets on the red light turns. Andl think you've -- you know, other cities -- I read an article recently in the Herald say said that other cities, even though the standard -- the state statute had made the standard more nebulous by saying that if you take the red light with, you know, reasonable prudence, they couldn't ticket you. Cities were still ticketing and they were requiring people to come in and prove that they had actually taken the right-hand turn with reasonable prudence. They were still ticketing as if it was, you know, a full stop on a right-hand turn. So I want to commend the City Manager and Johnny and Alice for making those modifications. I also -- there's two other things I want to say. One is there was a very, very well-known crash on 17th Avenue and US 1 a long, long time ago and several people died. One of my good friends was in the back of a Corvette and he's paralyzed for life and he comes here often to visit with me and to see me. Andl know -- I've studied the locations and I've looked at some of the traffic data andl think that one of the great things is that they will be along the US 1 corridor, which lot of times is frequented by non -City ofMiami residents, and it's a very high -volume corridor. The other thing I want to say is for the residents that are out there -- because I did -- what this is -- what I'm concerned about and my main concern always was the elderly members of our community that don't understand the system and that all of sudden are ticketed and fined ad nauseam in a very short period of time, so what I said the last time we had this is we need to engage an intense public relations campaign to educate them. I've already started to educate them on the proposed locations andl will offer my office, my staff -- I've already -- I bound them -- my -- all my attorney -- my crack attorneys back there -- to act as a pro bono legal clinic, if that's allowed by the City Attorney's office, for the residents of my district, and really anyone from the City, for us to help guide them if they are ticketed and they can come in and they can take a look at it and we can explain to them how to go online and they can see the streaming video and make sure that in fact they were violating the light and it was -- the system was working properly, so I offer that as a public service to the residents of the City and really anyone -- well, this is just a citywide system, so the residents of City ofMiami, but not only to the ones in District 4. Chair Sarnofff. All right. Commissioner Dunn. City ofMiami Page 75 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Dunn: Mr. Chairman, I just want to go on record concurring with my colleague, Commissioner Suarez, in claming his position on this matter. And even more so, I know it has a great deal of value to him because of the personal impact and, hopefully, this will be a preventative measures and it may in fact save some lives down the road. Chair Sarnoff Commissioner Gort. Commissioner Gort: Let me tell you, I have to go to the -- a lot of the radio programs, and he gets on there all the time, my neighbor; he comes in, soI know the feedback that I get from the people. We need to understand -- my understanding is, just about every city that surrounds the City ofMiami, they all have -- does have cameras. So what it does is everybody has to keep an eye on the red lights outside of the City ofMiami. When it comes to the City ofMiami, they can violate it. What I'd like to see is the intersections where it's going to take place and I'll tell you why. Also my understanding is the ticket is issued by a police officer. It's not issued by the machine. And one of the examples I have, I received a ticket. I got a ticket. And when I looked at it, it -- the car that took the red light, and it was not mine but it was my daughter's. And since it's on my name, the car, I got the ticket. But I showed it to her because I went online, I looked at the picture, and I looked -- and she took the red light. She was on the other side. So I make sure -- I help her quite a bit with college and all of that, but I make sure she pay that bill because that's the only way she's going to learn not to take the red light. Just last weekl had my secretary. She was a hit-and-run on Southwest 8th Street and 72ndAvenue at 8:30 in the morning. Do you understand, at 8: 30 in the morning, what the traffic is like? There was not one witness. Not one person got out of the car to let her know 1'got the license plate of the guy that hit you. "And let me tell you, in talking to the police, I received information; the amount of crime that had been able to be solved by cameras. I know a lot of people says we're losing our liberty and this and that. I'm all for it. Andl -- just like I said in the radio programs, you don't have to pay the ticket. Don't take the red light. You do not have to pay the ticket. And the biggest problem we have within the City ofMiami -- and this is something -- let me tell you, I have an election coming up. I know a lot of people on the radio stations are going to be talking. I know Mariano, as soon as I get on the TV (Television) next week, he's going to jump on me, and -- but we need to know that the -- within this City ofMiami is a bridge to everywhere in Miami -Dade County. It's not only the residents within the City ofMiami, but we have a lot of people that don't live in the City ofMiami that uses our streets and go through our red lights. They -- I just wanted to make sure I put those points on. Commissioner Suarez: Mr. Chairman, if I could just say one more thing? Chair Sarnoff Sure. Commissioner Suarez. Commissioner Suarez: I believe -- and correct me if I'm wrong -- if you're not driving the car that is ticketed, I believe there is a procedure by which you can fill out an affidavit, which is a -- basically a sworn statement that says you were not driving the car. Again, going back to my concept of having a pro bono legal clinic, I'm a notary, so any member of the City ofMiami or any person from my district who doesn't understand, we can print it out for you here, the affidavit; I can notarize it. And in addition, we have entered -- you know, the other problem is that a lot of our residents don't have access to the Internet, so you know, bottom line. So I want to communicate to them andl will be communicating to them that they can come to our office. We'll sit with them. We will pull up the images and show it to them and help them through this process, so -- Commissioner Gort: Francis, I promise, when I go to the radio and TV, I'll give you phone numbers to make sure you can take care of these. Commissioner Suarez: You can give my cell phone. That's what I do. Just give out my cell City ofMiami Page 76 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 phone. Chair Sarnoff Ms. Bravo, I know you wanted to add something. Ms. Bravo: Yes. We substituted amendment to the contract, so I, for the record, wanted to mention that. Chair Sarnoff Okay. You want to say --? Vice Chair Carollo: (UNINTET,TIGIBT,F). Chair Sarnoff I can tell you, on US 1 -- Johnny Martinez taught me this -- 160,000 cars go up and down US 1 everyday. That's one of the highest traffic counts, I think, that they have in the federal system. Of the 160,000 cars, less than, if you don't know this, 3,000 belong to City of Miami residents, so approximately 157,000 people come in and out of our city every day. I think the Mayor andl looked into this, andl believe 17th Street through 27th, I -- Mr. Martinez: Seventeenth Avenue. Chair Sarnoff Avenue, I'm sorry. -- think is the highest traffic fatality rate in the system, so we know we're not driving correctly. I personally hope the City Manager miscalculates exactly what this brings in. I hope you bring in nothing. And hope everybody -- you know, maybe there's a round where they say a month of this and everybody behavior -- Commissioner Dunn: Yeah, yeah. Chair Sarnoff -- the behavior will change. I'm not -- I was part of the ones who passed the ordinance and I'm proud of that ordinance. And you're right; there were some parts to that ordinance that needed to be self -corrected The right turn is always a tough one, you know, to define. I happen to use the Coral Gables one almost every day on the one that you thought was ours. I guess it's on Ponce. And it's just funny to watch all the people go right through a red light, and you see it at night because the flash goes, and car just that's a red light for everyone else, except for me. "So I think this is somehow you change behavior andl think you -- you know, the City ofMiami has two distinctions. I think we're the second highest traffic homicide city in the United States andl think we are the number -one or number -two pedestrian fatality city in the United States andl just don't think you want to be known that way, and if this modifies people's behavior, great. And like I said, I hope the Manager -- I hope he miscalculated completely what he thinks this is going to bring in 'cause I'd rather see him driving that pretty Ferrari at about 30 miles per hour coming to a complete stop. All right. I guess this -- Commissioner Dunn: Maybe -- Mr. Chairman, maybe we're paying him too much. Commissioner Gort: Mr. Chairman, my understanding, we have a map on locations so we have a -- Mr. Martinez: We have -- Commissioner Gort: -- statistics and we're going to go over them or --? Ms. Bravo: Yes. Commissioner Suarez: You know what, Ms. Bravo. Mr. Chairman, may I? Chair Sarnoff Sure. City ofMiami Page 77 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Suarez: I think this package, which you gave us, if you can just put the intersections on this package. I mean, this pretty much -- this is pretty comprehensive. Ms. Bravo: All right. Commissioner Suarez: I think you can just supplement it for us. Ms. Bravo: Okay, will do. And if we go through the intersections briefly on our list, the first one that we have is Northwest 37th Avenue with Northwest 7th Street. That happens to be pretty much the highest crash intersection in the City. And in a period of five years, from January 1, 2005 to August 31 of 2010, that one intersection experienced 868 crashes. So like that, we have many others with the City. And those high crash intersections were the 19 that were selected for the initial launch of the program. Chair Sarnoff All right. It's a resolution -- any further discussion, gentlemen? It is a resolution. All in favor? Commissioner Gort: No. Wait a minute. I have -- Chair Sarnoff More? Commissioner Gort: My understanding is this. I'd like to make sure that we have a -- at least a three-month warning. I want to make sure that people, they'll have signs to let them know that there's cameras at intersection. I mean, I've been to the beach in Coral Gables a lot. You don't know there's going to be a camera on the corner. I want our people to know there's going to be a camera. Carlos A. Migoya (City Manager): Mr. Chair. Commissioner Gort: I want to make sure they know. Chair Sarnoff You're recognized, Mr. Manager: Mr. Migoya: We have at this point a 45-day period of notification to the public -- Mr. Martinez: To the public. Mr. Migoya: -- as to how and where and so forth, and that's the educational process. And that gets us to January 1. Every month thereafter we'll have a significant issue on -- Commissioner Gort: All right. Mr. Migoya: -- what we're talking about. But if we could live with that 45-day notice period, I would really appreciate it. Commissioner Gort: But I want to make sure we have a educational program letting people know. Mr. Migoya: Yeah. It's a very strong educational program for 45 days that will be -- as part of the program that we got before we actually start with the cameras on January 1. Commissioner Gort: If you don't take the red light, you don't have to pay for it. Mr. Martinez: Right. City ofMiami Page 78 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.7 10-01037 George Wysong (Assistant City Attorney): And Mr. Chair, ifI could add. The new statute requires a sign at every intersection that is photo enforced, so there'll be a FDOT (Florida Department of Transportation) -approved sign that says photo enforced and -- so the public will know. Chair Sarnoff When does that sign go into effect? Is it in effect now? Mr. Wysong: As of July I. Mr. Martinez: Yes. As a matter of fact, on Dixie Highway and Ponce, there's one that says photo enforced and then the signals -- the camera's right there. Chair Sarnoff Okay. Commissioner Gort: That's where we got the ticket. Chair Sarnoff All right. Any further discussion? All right, gentlemen, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: That's adopted, 5-0, as modified RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO DIRECT THE ADMINISTRATION TO EXPEDITE THE FOLLOWING PROJECTS WHICH ARE PART OF THE COCONUT GROVE WATERFRONT MASTER PLAN: (1) THE DESIGN AND PERMITTING OF THE FLOATING DOCK REPLACEMENT AT KENNEDY PARK; (2) THE DESIGN AND PERMITTING OF THE FLOATING DOCK AT SPOIL ISLAND E; (3) THE SHORELINE AND MANGROVE ECOSYSTEM RESTORATION PROJECT AT KENNEDY PARK; AND (4) THE FLOATING DOCK ADDITION IN FRONT OF THE SEAWALL AT SCOTTY'S LANDING AND THE CHART HOUSE FOR TEMPORARY VESSEL DOCKAGE; WITH FUNDS ALLOCATED FROM THE FLORIDA INLAND NAVIGATION DISTRICT GRANTS AND THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS PREVIOUSLY APPROPRIATED FOR SOME OF THE PROJECTS. 10-01037 LEGISLATION.pdf 10-01037-Submittal-Images Pertaining to Coconut Grove Master Plan.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0395 Chair Sarnoff All right, RE.7. Commissioner Gort: Thank you. City ofMiami Page 79 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnofff. RE.7, Mr. Manager, is a resolution of the City ofMiami authorizing the City Manager to direct the Administration to expedite the following projects that are the Coconut Grove Waterfront Master Plan. One is the design and permitting of the floating dock replacement at Kennedy Park; the second is the design and permitting of the floating dock at Spoil Island E; and the third is the shoreline and management mangrove ecosystem restoration in front of the seawall at Scotty's -- I'm sorry -- project at Kennedy Park; and the fourth is a floating dock addition in front of the seawall at Scotty's Landing. You had had this up once before, andl don't know if you had a funding issue and that may be why it was pulled back. But remember, you get a match with the FIND (Florida Inland Navigation District) grants. What I'm -- if you don't have the funding source, I'm suggesting that you use the money that you were thinking of using for the Coconut Grove master plan. I think it's time that we get started on some things that we can achieve and find -- we have a very good FIND Commissioner right now, and I don't know -- I hope he stays as FIND Commissioner, but he's very amenable and he's great about helping this City out with all the FIND grants. So, you know, I hope that my fellow Commissioners will help me support this issue. I think it's time we get started to implement what we can reach on the Coconut Grove master plan. These are easily attainable. To Commissioner Suarez who said that he wanted to see as much sailing as possible go on, there's also a swimming aspect to this, and it really opens up the Spoil Islands to what you seem to have remembered going out there and having a very good time. Carlos A. Migoya (City Manager): We will do everything we can to find the proper funding and not use the money for -- so that we could use that funding for the fifth most expedited project we need for the area. Chair Sarnofff. All right. So let me make the motion. Vice Chair Carollo: I got a motion by Commissioner Sarnoff. Is there a second? Commissioner Suarez: Second. Commissioner Dunn: Yes. Vice Chair Carollo: Seconded by Commissioner Suarez. Any discussion? I just have -- I have one question just to verin, it. None of this will be funded from the general fund, correct? Mr. Migoya: That -- well, that's not the intent. We use the fallback as the Coconut Grove escrow funds. It's not in the general fund at this point. Vice Chair Carollo: It's not general fund? Okay. Any further discussion? All in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion passes unanimously. Mariano Cruz: Yeah, but -- because I know the -- doesn't have a sponsor. He get -- doesn't get a public hearing. Anyway, I approve of that because that was approved by the audit committee and by the Bond Advisory Board. Why? Because it says (UNINTELLIGIBLE). I say no, you don't get a public hearing? I follow. Commissioner Gort: And he likes you. Chair Sarnofff. And he doesn't want a letter written to the Miami Herald. Mr. Cruz: I like that because we approve that already. We approve that in the audit committee City ofMiami Page 80 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.8 10-00995 Office of Strategic Planning, Budgeting, and Performance and the Bond Advisory Board too. Vice Chair Carollo: That's why -- you know, I'm trying to move this along. We already knew that and that's why we just wanted to move it along. Mr. Cruz: You know, I just -- I change my mind. I say yes. RESOLUTION A RESOLUTION OF THE MIAMI COMMISSION, WITH ATTACHMENT(S) AMENDING CAPITAL PROJECTS APPROPRIATIONS RESOLUTION NO. 10-276, ADOPTED JUNE 24, 2010, TO REVISE CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS, AND APPROPRIATE NEW FUNDING. 10-00995 SUMMARY FORM.pdf 10-00995 LEGISLATION. pdf 10-00990 CAPITAL FUND AMENDMENT SUB.pdf 10-00995 ORACLE CAPITAL BUDGET REPORT SUB.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0389 A motion was made by Chair Sarnoff, seconded by Commissioner Dunn, and was passed unanimously, to remove $1, 250, 000.00 from the Capital Projects Appropriations resolution. Chair Sarnofff. All right, Mr. Mayor, you have very long pocket items. Brian May: Thank you. Chair Sarnofff. All right, I want to take -- I just want to take up RE.8 'cause there are a couple of people here and I just want to get that done. All right, back on the record. Mr. Manager, the reason I brought up RE.8 -- I don't think it's any second -- is the fuel dock. And over the past, I don't know -- the last 45 day -- maybe the last 60 days are pretty much a blur to me. I've met with you a lot, not very much, if at all, on fuel dock, mostly on numbers. You know, I'm going to ask my fellow Commissioners to just take out what I think is characterized as B-30182A, which is your capital fund appropriation amendment, and it discusses a million and a million two hundred fifty thousand dollars, and it talks about a Dinner Key Marina fuel dock. I don't want to go too substantively into this 'cause I hope my fellow Commissioners would agree with me to give me 60 days in which to speak with you about this. If you need to bring it back up, you'll bring it back up. I don't agree with this, andl don't want to go substantively too deep into this. I don't agree with the siting of it, at all, meaning where you're putting it. I'm not going to say I couldn't agree to utilization of the funds in another place with a proper agreement in place with some guarantees behind it that, let's say, you don't make your numbers, but I want to make sure we get the money back. I'm not resistant to you utilizing it to some degree. But I think you really need to take a long hard, look at the amount of time, effort that went into the master plan, where you're putting this, the proximity you're putting it to a swimming pool, the proximity you're putting it to a swimming hole, and maybe rethink your position with the hope that you would think hard and long about -- you have an '012 [sic] RFP (Request for Proposals) for a waterfront just to your north. You have a whole 'nother place at Bayside Marina. There are other places you could put fuel docks, if you could demonstrate that these things are in the best interest of the public. We just haven't had the time to sit down, you and I, I think, to slog through City ofMiami Page 81 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 this. I've never seen your data. I've never seen your research. That's not to say I've shown you my data or my research either, but I -- but instead of us doing this publicly and your saying well, your numbers are wrong and I'm saying well, your numbers are wrong, the one thing know about you, your numbers tend to be right, andl want to be able to see your data. You would have a long, hard push to change my mind on the site of the place. You wouldn't have such a hard push if you put it in a different place and with a proper agreement in place that guaranteed us the return of the funds; you might have a compromise that you can enter into. Carlos A. Migoya (City Manager): IffI may, Mr. Chairman. Our intent for this discussion -- and we're not married to a site. This is what we said to the Coconut Grove Implementation Board the other day. We had -- there are three different sites, of which I think one of them is the one that they're really -- that you're opposed to. So obviously, that's an issue that we have -- we're not married. The only thing we were trying to do in this agenda -- and I'm okay with deferring it, if that's what you wish, that -- and we'd deal with it, you know, 30, 60 days later. That's not an issue. But it -- with the agenda, it was strictly to appropriate the funds, not necessarily -- we still have to come back to the Commission and talk about the actual project and where we will do it and so forth. You know, it is the second largest marina in Dade County and it doesn't have a fuel dock. By the way, your master plan also does have a pumpout station, so fuel docks go well with pumpout stations. Today, the fueling done in this marina, 70 percent of it is through fuel trucks, which is even more dangerous than having a fuel dock. So for a lot of different reasons, there's value doing a fuel dock. But my intent and our intent -- and that's why I went to the Coconut Grove Implementation to make sure they understood what we were trying to do was to come up with the allocation offunding at this point in time and later on we would discuss exactly where. But I mean, it's not where that we were really talking about right now. It's if we're going to have a fuel dock run here and the value behind it. There's obviously some financial reasons to it, but there's a lot of practical reasons to having a fuel dock somewhere in the Dinner Key Marina. The other thing I did say to the -- which is not really -- I don't think it's part of this specific agenda item, but we do have an implementation plan for the Coconut Grove, which is -- right now it would cost us $165 million to build with no income or revenue increases whatsoever. So what I said to them was, you know, master plans are supposed to be a living document. And I encouraged them, and we should all work together -- I think the Commission should work as well to -- as part of this living document at this point, the way this is, $165 million plan, we'd be lucky to be in walkers before we'd see something like this implemented. The Mayor said -- Chair Sarnoff. Well, I'm not suggesting any of the statements you're making are incorrect and that there are living documents and -- Mr. Migoya: Yeah. Chair Sarnoff. -- that this document needs to live. Mr. Migoya: So the bottom line, we need to address that. But that's not related just to the fuel dock. Just like the Mayor said on -- about Watson Island, we can challenge. There's an awful lot of beautiful places. I happen to think Coconut Grove Bay is just as beautiful, one of the most beautiful places we have in the City as well. So we want -- Chair Sarnoff. I think the -- Mr. Migoya: -- to make sure that we do something like earlier rather than later, andl know you share that as well, so I -- Chair Sarnoff. No. I do. Mr. Migoya: -- think we need to work on that. City ofMiami Page 82 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnofff. And I happen to share some of your visions on the RF -- what I call RFP '012 [sic], which is the RFP that will happen in '012 [sic]. I mean, I think we both share a vision of a new restaurant over there -- Mr. Migoya: Right. Chair Sarnofff. -- and possibly, you know, the upland portion as well. And I'm just merely saying to you -- I think there are compromises that you and I can enter into and this Commission can approve, but we just haven't had the time to talk to each other. Mr. Migoya: I agree. Chair Sarnofff. And I just think -- Mr. Migoya: None of us have. Chair Sarnofff. -- and don't know -- and know what's coming up next month too, as do you. It's the gift that just keeps on giving, as I put it, and that's why I'm asking for 60 days, and that may not even be enough if you think about every -- have you thought about every hearing that could come up in the next 60 days? Mr. Migoya: There's a few. Chair Sarnofff. More than a few. If all impasses don't come up all consecutively, they could be strewn out, so as I said, that's the gift that just keeps on giving. Mr. Migoya: Okay. Chair Sarnofff. So I'm going to make a motion and that's to excise from the capital appropriation amendment, page 1 of 7, $1 million and the $250,000 from this particular document and leaving it out of the resolution. Andl -- Commissioner Dunn: Second. Vice Chair Carollo: There's a motion by Chairman Sarnoff, seconded by Commissioner Dunn. Any discussion? Before I relinquish the gavel -- Chair Sarnofff. You know -- Vice Chair Carollo: I think we should take a lunch break after this vote. Chair Sarnofff. I agree with you. Vice Chair Carollo: Because -- Chair Sarnoff. (UNINTET,TIGIBT,F). Vice Chair Carollo: -- we're going to take at least an hour, hour and a half lunch break. And whether we do it now or whether we do it three hours from now, I think it's better for all of us and much healthier if we do it now than later on. Chair Sarnofff. Agreed. Vice Chair Carollo: So that's just a heads up. Now with that said, any discussion -- any further discussion? All in favor, say aye." City ofMiami Page 83 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion passes unanimously. Chair Sarnoff All right. Vice Chair Carollo: Thank you. Chair Sarnoff Why don't you move for lunch, or we'll -- Vice Chair Carollo: Well -- Chair Sarnoff -- recess for lunch. You have the gavel. Vice Chair Carollo: Madam City Clerk. Priscilla A. Thompson (City Clerk): I just wanted to clarify and make sure that you only dealt with one portion ofRE.8. Chair Sarnoff Correct. Ms. Thompson: So RE. 8 is not done yet. Chair Sarnoff Right. Ms. Thompson: Okay? Vice Chair Carollo: Okay. We'll take it up when we come back from recess. And it's 1:30. Let's -- how much time -- Commissioners? Chair Sarnoff 3? Vice Chair Carollo: Yeah, 3? Chair Sarnoff 3. Vice Chair Carollo: Okay. We'll be in recess until 3. Ms. Thompson: Thank you. Vice Chair Carollo: Thank you. [Later..] Vice Chair Carollo: Should we move on with the remainder of RE.8? Chair Sarnoff All right, RE.8. There's RE. 8, the -- Mr. Manager. Ms. Bravo. Carlos A. Migoya (City Manager): I thought we passed RE. 8. Chair Sarnoff You're obviously prepared. No, we didn't. Vice Chair Carollo: No. City ofMiami Page 84 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 RE.9 10-01071 Office of Strategic Planning, Budgeting, and Performance RE.10 10-01073 Office of the City Attorney Chair Sarnofff. We never passed it. Mr. Migoya: Oh, we just deferred the one project. Chair Sarnofff. Right. Vice Chair Carollo: Exactly. Alice Bravo (Director, Capital Improvement Programs): RE.8 is a resolution proposing to make some amendments to appropriations for capital projects. Some are for new projects being created in several districts and some are actually appropriations to close out small projects that had residual funds remaining in them. Chair Sarnofff. All right. Let me open -- I will open up a public hearing. Anyone wishing to be heard on RE.8, please step up to the podium. RE.8. Hearing none, seeing none, the public hearing is now closed, coming back to the Commission. Commissioner Dunn: Mr. Chair. Chair Sarnofff. We have a motion by the -- by Commissioner Dunn. Commissioner Suarez: Second. Chair Sarnofff. Second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): As modified. Chair Sarnofff. As modified. Vice Chair Carollo: As modified. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2010. 10-01071 SUMMARY FORM.pdf 10-01071 LEGISLATION.pdf Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Item RE.9 was deferred to the City Commission meeting currently scheduled for September 23, 2010. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING CONFLICT RESOLUTION PROCEDURES PROVIDED BY CHAPTER 164, FLORIDA City ofMiami Page 85 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 STATUTES, PRIOR TO INITIATING LITIGATION AGAINST MIAMI-DADE COUNTY, FLORIDA, IN CONNECTION WITH THE EXISTING CITIES' TWENTY PERCENT (20%) SHARE OF THE TRANSIT SYSTEM SURTAX, AS STATED HEREIN. 10-01073 MEMO.pdf 10-01073 LEGISLATION.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0386 Chair Sarnoff RE.9. Carlos A. Migoya (City Manager): Deferred. Chair Sarnoff RE.9 is deferred. Deferred? Mr. Migoya: Yes. Chair Sarnoff You're right. I'm sorry. You're right. RE.10. Julie O. Bru (City Attorney): RE.10 is a resolution that would authorize my office to initiate conflict resolution procedures provided under Chapter 164 of the Florida Statute in connection with Miami -Dade County threatens reduction of our transit system surtax proceeds. Mayor Tomas Regalado: Mr. Chairman. Chair Sarnoff All right. Let me open -- Commissioner Suarez: So moved. Chair Sarnoff -- up a public hearing. Anybody from the public wishing to be heard on RE.10, please step up to the podium. Mayor Regalado: I'm here. Chair Sarnoff Oh, I'm sorry, Mr. Mayor. I'm sorry. Mayor Regalado: Mr. Chairman, Commissioners, I'm here to support this resolution by the City Attorney. Hialeah and Coral Gables are -- have done the same. The City Councils [sic] of Hialeah and the Commission in Coral Gables has already approve the possibility of litigation. This -- as you know, it's the share that we get from the CITT (Citizens Independent Transportation Trust), the transportation. And what the County is proposing is to take the share of the new cities, like Doral and other -- and Cutler Bay from the 20 percent of the cities that already had instead of the 80 percent. And we understand that the County Commission will be dealing with this issue in -- during the budget process next week. And it's important because the memo sent to the Commissioners by the former County Manager, 'cause he was fired by the people. It says that it will be devastating for the transit system in Miami -Dade County if they have to take this money from the 80 percent. So you know, for us, it would be devastating if we don't get what we're getting from the half a penny cent. And mind you, like you all said, Miami is a donor city. We have half a million residents but a million and a half visitors. We donor. We generate a lot of sales tax for the County and it's not fair that we will not be able to get what we're getting. City ofMiami Page 86 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff Thank you, Mr. Mayor. Ms. Bravo, you want to be recognized? Alice Bravo (Director, Capital Improvement Programs): Well, just for the sake of statistics. If we're -- revenues were to increase and the hold harmless plan implemented, that would represent a lost [sic] of approximately $1.8 million of funding to the City ofMiami. Chair Sarnoff All right. Mariano Cruz: Yes. Chair Sarnoff Let me open up a public hearing. Mr. Cruz, of course -- Mr. Cruz: Yeah. Chair Sarnoff -- you're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 26th Street. And the Mayor is all right because I -- an example, my family, we bought last year -- andl said that in front of the County Commission -- we bought a Kia, $15,000. We pay $150 sales tax, a one percent (UNINTELLIGIBLE). I don't mind paying the (UNINTELLIGIBLE), butl ask what do you do with the 75 extra dollars of the transit tax. We should get -- because our car (UNINTELLIGIBLE) it runs in the City ofMiami, it's owned by the City resident, and we don't get any benefit in a way of that transit tax because they don't even -- the County don't even use that tax for the -- what was supposed to be done to increase the routes and do everything. On the contrary, they reducing the routes. So I -- Godspeed in this suit to the County because they want all the money and the people complain about the -- way that the City ofMiami. They go to the County and see how they get all the money there. Chair Sarnoff Thank you, Mr. Cruz. Anyone else in the general public wishing to be heard on RE.10? Hearing none, seeing none, coming back to this Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Priscilla A. Thompson (City Clerk): I'm sorry. I don't have a motion -- Chair Sarnoff We don't -- Ms. Thompson: -- or a second. Vice Chair Carollo: So move. Chair Sarnoff We have -- Commissioner Dunn: Second. Chair Sarnoff -- a motion by the Vice Chair, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." Ms. Thompson: Thank you. Chair Sarnoff We'll get it right. RE.11 RESOLUTION 10-01072 City ofMiami Page 87 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Attorney ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN THE ATTACHED FORM, WITH SOUTH FLORIDA EQUITABLE FUND, LLC., OUTLOOK MEDIA OF SOUTH FLORIDA, LLC., SANTIAGO ECHEMENDIA, AND HARKLEY THORNTON, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE CASE STYLED SOUTH FLORIDA EQUITABLE FUND, LLC. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 010-21032-CIV-UNGARO. 10-01072 MEMO.pdf 10-01072 LEGISLATION.pdf 10-01072 EXIBIT.pdf BC.1 10-00911 Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Note for the Record: Item RE.11 was deferred to the City Commission meeting currently scheduled for September 23, 2010. END OF RESOLUTIONS BOARDS AND COMMITTEES RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE ARTS AND ENTERTAINMENT COUNCIL FORATERM DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00911 Arts CCMemo.pdf 10-00911 Arts Current_Board_Members.pdf DEFERRED Chair Sarnoff RE.11 was pulled. We're at the BCs (Boards and Committees). Vice Chair Carollo: That's it? Chair Sarnoff Yeah. BC.1 is Arts and Entertainment Council. Priscilla A. Thompson (City Clerk): IffI can, Chair, BC.1, Arts and Entertainment Council, we have one appointment there listed for Vice Chair Carollo. Vice Chair Carollo: I would like to actually defer all my nominations to the first October meeting. City ofMiami Page 88 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Thompson: Okay. As we go through, I'll make that note. Is that okay? Vice Chair Carollo: Yes. And thank you. Ms. Thompson: Thank you. BC.2 RESOLUTION 10-00856 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE AUDIT ADVISORY COMMITTEE FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00856 Audit CCMemo.pdf 10-00856 Audit Current_Board_Members. pdf DEFERRED NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez Priscilla A. Thompson (City Clerk): Moving on to BC.2. BC.2, the Audit Advisory Committee. Chair -- Vice Chair has already deferred his and Commissioner Suarez is not here. I don't know if you want to come back to that? Vice Chair Carollo: And -- Ms. Thompson: Oh, here -- Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: And just for the record, there are some names that I would have liked to prosper [sic] and so forth, but dealing with the budget and all that, I focused so much on that that, you know -- so that's why I want to defer. Chair Sarnoff I think it's pretty understandable. Ms. Thompson: Thank you. Chair Sarnoff Commissioner Suarez. Ms. Thompson: We're on BC.2. You have an appointment -- Chair Sarnoff BC.2. Ms. Thompson: -- for the Audit Advisory Committee, sir. Commissioner Suarez: Negative. Vice Chair Carollo: And for the record -- City ofMiami Page 89 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Thompson: So you're deferring? Vice Chair Carollo: -- I defer all. Commissioner Suarez: Deferral. Chair Sarnoff Do you want -- are you intending on deferring all of your appointments? Commissioner Suarez: With the exception of two, yes. Chair Sarnoff Okay. We'll go through them. Commissioner Suarez: You want me to -- I could just tell you the two and then we can -- Ms. Thompson: Can we go -- Chair Sarnoff She's going to want to go through it anyways. Commissioner Suarez: Okay. Ms. Thompson: It's -- I'm sorry. It -- Chair, it's easier for our record -keeping and our -- thank you. Chair Sarnoff Go right ahead, Madam Clerk. Ms. Thompson: Thank you. Chair Sarnoff You now have control of the meeting. Ms. Thompson: Wow. Chair Sarnoff The Starship Enterprise is yours. BC.3 RESOLUTION 10-00799 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commissioner Richard Dunn II 10-00799 Bayfront CCMemo.pdf 10-00799 Bayfront Current_Board_Members.pdf DEFERRED Priscilla A. Thompson (City Clerk): All right. We're at BC.3. This is the Bayfront Park Management Trust. I understand that Commissioner Suarez will be deferring his. Is that --? Bayfront Park Management Trust. City ofMiami Page 90 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Suarez: Yes, I'm going to defer. Ms. Thompson: Okay. Then we have an appointment for Commissioner Dunn. Commissioner Dunn: I'm going to also defer. Ms. Thompson: Okay. Thank you. BC.4 RESOLUTION 10-00946 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk RESIDENCY REQUIREMENT BYA FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO JOSEPH KAPLAN AS A MEMBER OF THE CIVIL SERVICE BOARD. 10-00946 Civil Service CCMemo.pdf 10-00946 Civil Service Current_Board_Members.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0377 Priscilla A. Thompson (City Clerk): We move on to BC.4. BC.4 is actually a four fifth residency waiver that's needed for Mr. Kaplan, who was already appointed as a member of the Civil Service Board. Following his appointment and the submission of all of his paperwork, it was determined that he does not meet the City residency requirements of owning a business, working in or living in. Therefore, he would need a four fifth vote residency waiver. Vice Chair Carollo: So moved. Commissioner Dunn: Second. Ms. Thompson: That's moving by Vice Chair and second by Commissioner Suarez. Chair Sarnoff Oh, I thought you had control. Go ahead. Ms. Thompson: No. No. I just -- I'm giving you the information. I called it -- Vice Chair Carollo: All in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say hay." Ms. Thompson: Thank you. Commissioner Suarez: Unanimous. Ms. Thompson: Thank you. Barnaby Min (Zoning Administrator): Mr. Chair. City ofMiami Page 91 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: Yes. Mr. Min: I'm sorry. Is it possible to address BC.4? Vice Chair Carollo: Go ahead. Mr. Min: I just want to let you know now that I'm a member of the Administration, previously I served as the council who prosecuted cases before the Civil Service Board. And while I have a lot of respect for Mr. Kaplan, I think it is important for this board to under -- this Commission to understand the types of individuals that are appointed to what I believe is a very essential board. Mr. Kaplan, while he's extremely intelligent and very skilled as an attorney, in the time that he has been a board member since February of 2010, he has voted 100 percent in favor of the employees. There's not, in Mr. Kaplan's opinion, a single employee in the City ofMiami who has done anything wrong. And yes, there are times that the City has not proven its cases and yes, there are times that directors discipline employees for the wrong reasons and they should be found not guilty, but to say that all employees are always not guilty of any type of a violation I believe shows that perhaps Mr. Kaplan may not be best suited for this particular board. I just wanted to point that out so that this Commission is aware of the members to this essential board to the City. Chair Sarnoff I'll do a motion to reconsider. Vice Chair Carollo: I have a motion by Commissioner Sam off. Is there a second? Is there a second? Motion dies. Mr. Min: Thank you. Vice Chair Carollo: Can we continue to BC.5? Ms. Thompson: BC.5 Vice Chair Carollo: And by the way, I do want to know just -- because in all fairness, realistically, I mean, maybe all the employees at the time or I don't know what time span you looked at, were, you know, not guilty and that's why he voted that way. However, is there a way to from now -- let's say for the next -- yeah. His voting record from now until -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- the remainder of his term so we could -- and not just him; all the members. You know, maybe -- Mr. Min: Correct. As you know, of the five board members, three of them are appointed by the Commission. Andl had previously, while I was a member of the City Attorney's Office, submitted a memorandum to the Commission concerning February 2, I believe it was June or July of 2010, but I can work with the Civil Service staff and the Law Department to ensure the statistics are available for the Commission. Vice Chair Carollo: Right. Maybe the case and the voting record and so forth. Not to drag this on, if -- Commissioner Suarez: Mr. Chairman, ifI may, just wanted to say one last thing real quick. Vice Chair Carollo: Go ahead, Commissioner Suarez. Commissioner Suarez: Just, you know, get this to us before. I mean, we had already voted. We City ofMiami Page 92 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 had already ratified it. You know, we -- you have -- one of our colleagues have to make a motion to reconsider, you know. Vice Chair Carollo: Right. Mr. Min: Fair enough. Commissioner Suarez: That's, you know, not really fair to him either because he had to put himself out there and then, you know -- Chair Sarnoff. I'm always out there. Commissioner Suarez: We're not -- it puts us in a tough position because we just ratified this person. You know, please come to us before with your concerns and -- Mr. Min: Yes, sir. Commissioner Suarez: -- please back it up with whatever factual information that you may have. Vice Chair Carollo: Right, documentation. Mr. Min: Thank you. Vice Chair Carollo: And thank you for that. Mr. Min: Thank you. Commissioner Gort: Mr. Chairman. Vice Chair Carollo: Commissioner Gort. Commissioner Gort: I've been watching some of the Civil Service Board and I've been looking at some of the cases when we get it back and I've talked to some of the unions and let them know, look, one of the problems you have, if a person is guilty and he's really found by the administrator or the supervisor that it's a problem with that person, that person comes to Civil Service Board and automatically he's taken -- all the punishment's taken off. That guy's going to go back and continue to do whatever he wants. So I think the Civil Service Board need to understand and maybe they should have a seminar or something of the responsibility and how their action affects the whole City employment. Commissioner Suarez: IffI may, Mr. Chairman. I want to say something -- Vice Chair Carollo: Commissioner Suarez -- Commissioner Suarez: Thank you, Mr. Chairman. Vice Chair Carollo: -- you're recognized. Commissioner Suarez: You know, I agree wholeheartedly with your point, Commissioner, because I've had employees come to me and tell me, you know, that they're upset because they feel like they do all the work and, you know, for whatever reason, you know -- so I think the civil service process -- I agree with that statement, by the way, that you made about the importance of the civil service process. I don't think it should be rubberstamp in any way, shape, or form for any kind of action. We should have members there that are impartial and that, you know, weigh the evidence and make a decision. So I understand where you're coming from. I just -- it's kind City ofMiami Page 93 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 BC.5 08-01260 of late in the game. You know, we had already voted and then, you know, it -- I feel bad for my colleague. Vice Chair Carollo: Thank you, Commissioner. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION CONFIRMING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS MEMBERS OF THE CIVILIAN INVESTIGATIVE PANEL FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 08-01260 CIP CCMemo.pdf 08-01260 CIP Current_Board_Members. pdf 08-01260 CIPApplications.pdf NOMINATED BY: Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Civilian Investigative Panel Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be INDEFINITELY DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Vice Chair Carollo: If we could move on to BC.5? Barnaby Min (Zoning Administrator): Thank you. Priscilla A. Thompson (City Clerk): BC.5. On BC.5, we have appointments to be made to the Civilian Investigative Panel. Carol Abia: Good afternoon, Commissioners. Carol Abia, with the Civilian Investigative Panel. City ofMiami Page 94 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 The Panel is asking that the Commission not consider this item at this time. Having had the revisions to the ordinance, they're now in the process of impaneling a nominating committee and that nominating committee will consider any names that were previously proffered and any additional names. Vice Chair Carollo: Thank you. If you could -- Commissioner Dunn. Commissioner Dunn: I -- Mr. Chair, I'd like to move to defer that item then. Vice Chair Carollo: We have a motion by Commissioner Dunn -- Commissioner Suarez: Second. Vice Chair Carollo: -- to defer. We have a second by Commissioner Suarez. Any discussion? Ms. Thompson: Just ifI might ask, do we have a date? Ms. Abia: We're currently doing our recruitment. The recruitment remains open until a sufficient number of applicants have been -- or applications have been received, and this is for the nominating committee. We have -- that nominating committee has to be representative of all five districts. Currently, we have only three members who represent three districts so we're looking for additional two members from Districts 1 and 3. Ms. Thompson: And the only reason I ask, Chair and Commissioners, is so we can have a timeline as to when to put it back on the agenda. Commissioner Dunn: Mr. Chair. Vice Chair Carollo: You're recognized, Commissioner Dunn. Commissioner Dunn: Could we defer it indefinite because of the time? What is the normal time process that this usually takes? I know it takes a minute to get it approved and -- Ms. Abia: We usually put out those advertisements for approximate three weeks. We have it out for one week now, two additional weeks. We have also asked that Commissioners proffer names; that we could also invite those persons to apply. Commissioner Dunn: So with that being -- Mr. Chair. Vice Chair Carollo: Go ahead, Commissioner. Commissioner Dunn: -- said, if we deferred it indefinite, then at the time of readiness, then we can bring it back. Ms. Thompson: Actually -- I'm sorry. Actually, Commissioner, defer it indefinitely is for six months, up to six months. Commissioner Dunn: Up to six months? Ms. Thompson: Correct. Commissioner Dunn: So any time within that time frame we're good. Ms. Thompson: Correct. City ofMiami Page 95 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Dunn: Okay. Vice Chair Carollo: Andl -- so the maker wants to defer it indefinitely? Commissioner Dunn: Yes. Vice Chair Carollo: Second? Commissioner Suarez: Second. Vice Chair Carollo: Okay. Any further discussion? All in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion passes unanimously. Ms. Abia: Thank you, Commissioner. Vice Chair Carollo: Let's continue to -- thank you, ma'am -- BC.6 RESOLUTION 10-00461 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE CODE ENFORCEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate Member) 10-00461 CEB CCMemo.pdf 10-00461 CEB Current_Board_Members.pdf NOMINATED BY: Vice Chairman Frank Carollo Commission -at- Large Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Vice Chair Carollo: Let's continue to BC.6. Priscilla A. Thompson (City Clerk): BC.6, we have the Code Enforcement Board. Commissioner Gort: Yes. Ms. Thompson: Vice Chair Carollo has already deferred his item. Now we have a vacant position for an at -large appointment, meaning anyone from the Commission can proffer the name, and the name can be put forth and voted on. Vice Chair Carollo: Madam City Clerk. Ms. Thompson: Yes. City ofMiami Page 96 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 BC.7 10-00950 Vice Chair Carollo: McEwan, is he actually a board member? 'Cause he's at large, correct? Ms. Thompson: Yes. He's already still serving. Vice Chair Carollo: Right. So he's not the at -large member that has left the board, correct? Ms. Thompson: No. Just let me double check. But to my knowledge, I still have him on record. Just one second, please. Vice Chair Carollo: Right. And that's Chuck McEwan. Ms. Thompson: Yes. Commissioner Gort: What are we on? Unidentified Speaker: Mr. Chairman. Vice Chair Carollo: Exactly. Should we take like a two -minute recess? Ms. Thompson: No, no. Vice Chair Carollo: You have it? Ms. Thompson: I have it. Ms. Thompson: Right now on our Code Enforcement Board, Mr. McEwan is an at -large member who's still serving. His term does not end until April 1, 2012. Vice Chair Carollo: Okay. So he's not the at -large member that has left a vacancy. Is there any member of this Commission like to proffer a name? If not, then do we need to defer this or can we just move on? Ms. Thompson: If you don't have anyone to proffer, we'll defer it. Vice Chair Carollo: Okay. Commissioner Suarez: Motion to defer. Commissioner Dunn: Second. Vice Chair Carollo: Motion by Commissioner Suarez, second by Commissioner Dunn. Any further discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion passes unanimously. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMERCIAL SOLID WASTE MANAGEMENT ADVISORY COMMITTEE FOR A TERM AS DESIGNATED HEREIN. City ofMiami Page 97 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 APPOINTEE: NOMINATED BY: Eileen Damaso City Manager 10-00950 CommercialSolidWasteCCMemo.pdf 10-00950 Commercial Solid Waste Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0378 Vice Chair Carollo: BC. 7. Priscilla A. Thompson (City Clerk): BC (Boards and Committees) -- Carlos A. Migoya (City Manager): Eileen Damaso. Ms. Thompson: Just one second. On BC.7, Commissioners, the City Manager, very diligent here, has an appointment to make to the Commercial Solid Waste Advisory Committee. And the name is, sir? Mr. Migoya: Eileen Damaso. Commissioner Suarez: So move. Commissioner Dunn: Second. Vice Chair Carollo: There is a motion by Commissioner Suarez, seconded by Commissioner Dunn. Any discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion passes unanimously. Commissioner Sarnoff, do you want to be recognized on that vote? Chair Sarnoff. No. Vice Chair Carollo: No. Show four in favor; Commissioner Sam off is absent. Ms. Thompson: Thank you. BC.8 RESOLUTION 10-00652 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado City ofMiami Page 98 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00652 CSW CCMemo.pdf 10-00652 CSW Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: BC.8, Madam City Clerk. Priscilla A. Thompson (City Clerk): On BC.8, the Commission on the Status of Women, we have appointments to be made by Vice Chair Carollo, who -- he has already deferred his. Mayor Regalado has a vacancy. I have not gotten a name for that one. And then, lastly, Commissioner Suarez. Vice Chair Carollo: Does anybody have any names? Okay, let's de -- ifI could get a motion to defer? Commissioner Dunn: So move. Vice Chair Carollo: Motion by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Defer until? Ms. Thompson: I'm sorry. I am so sorry. I'm sorry, go ahead. Vice Chair Carollo: Defer until? Ms. Thompson: The 14th. Vice Chair Carollo: The 14th of October? Ms. Thompson: Okay. Vice Chair Carollo: Does everyone understand that? Any further discussion? All in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion passes unanimously. Show a 4 -- Ms. Thompson: Zero. Vice Chair Carollo: -- 0, correct. City ofMiami Page 99 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 BC.9 10-00800 Office of the City Clerk RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00800 CRB CCMemo.pdf 10-00800 CRB Current_Board_Members.pdf 10-00800 CRB Resumes. pdf NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff Vice Chair Carollo: BC.9. Priscilla A. Thompson (City Clerk): On BC.9, that is the Community Relations Board. Vice Chair Carollo has already deferred his two appointments. We have appointments to be made by Chair Sarnoff, Commissioner Suarez. Commissioner Suarez: Defer mine. Ms. Thompson: Okay. So then we just need to find out from Commissioner -- I'm sorry, Chair Sarnoff. Vice Chair Carollo: Commissioner Sarnoff, for the -- for BC.9, Community Relations Board, do you have a --? Chair Sarnoff Pass. Vice Chair Carollo: So defer? Chair Sarnoff Defer it. Vice Chair Carollo: Okay. We have a motion by Commissioner Suarez to defer. Is there a second? Commissioner Dunn: Second. Vice Chair Carollo: Second by Commissioner Dunn. This will be deferred until the October 14 meeting. Any discussion, gentlemen? Hearing none, all in favor, say aye." City ofMiami Page 100 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. Ms. Thompson: 4-0? Vice Chair Carollo: I'm sorry? Ms. Thompson: 4-0? Vice Chair Carollo: 4-0. Ms. Thompson: Thank you. BC.10 RESOLUTION 10-00914 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Alvin Smith Commissioner Richard Dunn II 10-000914 CTAB CCMemo.pdf 10-00914 CTAB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0379 Vice Chair Carollo: And moving on to BC.10. Priscilla A. Thompson (City Clerk): BC.10, the Community Technology Advisory Board, we have appointment for Vice Chair Carollo and that will be deferred. And then there is an appointment to be made by Commissioner Dunn. Vice Chair Carollo: Commissioner, do you have a name or do you want to defer? Commissioner Dunn: I do. Alvin Smith. Vice Chair Carollo: There is a motion by Commissioner Dunn -- Commissioner Suarez: Second. Vice Chair Carollo: -- to name Alvin Smith, seconded by Commissioner Suarez. Any discussion? Hearing none, all in favor, say aye." City ofMiami Page 101 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 BC.11 10-00805 The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Edilfa Perez Commissioner Francis Suarez 10-00805 EOACCMemo.pdf 10-00805 EOA Current_Board_Members.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0380 Vice Chair Carollo: BC.11, Madam City Clerk. Priscilla A. Thompson (City Clerk): BC.11, your Equal Employee Opportunity Board. We have an appointment to be made by Chair Sam off. Chair Sarnoff. Defer, Madam Clerk. Ms. Thompson: Okay. Then Vice Chair has already said he would be deferring his. Commissioner Gort? Commissioner Gort: Defer. Ms. Thompson: Okay. And then Commissioner Suarez, you have two positions or two seats available. Commissioner Suarez: Yes. I'd like to appoint Edilfa Perez -- Ms. Thompson: Yes. Commissioner Suarez: -- person that I submitted to your office, in place of Sereda White, who has exceeded the number of allowed absences. Ms. Thompson: Okay. Vice Chair Carollo: There is a motion by Commissioner Suarez. Is there a second? Commissioner Dunn: Second. Commissioner Gort: Second. City ofMiami Page 102 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: Second by Commissioner Dunn. Any discussion? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Ms. Thompson: And l just want to make sure. That is your one and only appointment, right, Commissioner? Commissioner Suarez: For -- yes, that is -- Ms. Thompson: Today. Commissioner Suarez: -- my one and only appointment today. Ms. Thompson: Yes. Thank you. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "And for the rest of them, do we need a motion to defer the rest of the appointments of --? Ms. Thompson: No. We're fine 'cause we -- Vice Chair Carollo: Okay. Ms. Thompson: -- already stated it on the record. Thank you. BC.12 RESOLUTION 10-00467 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE FINANCE COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00467 Finance CCMemo.pdf 10-00467 Finance Current_Board_Members.pdf DEFERRED Priscilla A. Thompson (City Clerk): On BC.12, BC.12 is your Finance Committee. Vice Chair, you're the only one on that one and you're going to be deferring yours? Vice Chair Carollo: That's correct, ma'am. Ms. Thompson: Okay. BC.13 RESOLUTION 10-00949 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE FIRE FIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST FOR TERMS AS City ofMiami Page 103 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 DESIGNATED HEREIN. APPOINTEES/CATEGORIES Monica Fernandez (Miami Association of Firefighters) William Bryson (Miami Association of Firefighters) Ornel Cotera (Fraternal Order of Police) Thomas Roell (Fraternal Order of Police) 10-00949 FIPO CCMEMO.pdf 10-00949 FIPO Current_Board_Members.pdf 10-00949 FIPO Memo.pdf NOMINATED BY: AT -LARGE AT -LARGE AT -LARGE AT -LARGE Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0398 A motion was made by Commissioner Gort, seconded by Commissioner Dunn II, and was passed unanimously, to appoint Monica Fernandez and William Bryson as members of the Fire Fighters' and Police Officers' Retirement Trust. Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ornel Cotera and Thomas Roell as members of the Fire Fighters' and Police Officers' Retirement Trust. Priscilla A. Thompson (City Clerk): Then on BC.13. Commissioners, ifI might. Commissioner Gort: I have two -- Ms. Thompson: IffI can ask you to bear with me on BC.13. Commissioner Gort: BC.13, I have two. Ms. Thompson: Yes. IffI can just give you some information, please. On BC.13, these are appointments to the Fire Fighters' and Police Officers' Retirement Trust. On BC.13, in your packet, we had sent out information to you, and we included in that information the names of individuals that had been submitted by the Fraternal Order ofPolice. This morning I received from the Miami Association of Fire Fighters a list of names that they would like for you to consider to make the appointments. It appears from -- and we're handing it out to you, the letter -- they do have the top two names listed there and in bold, so I'm thinking that those are their top two picks. But you have -- Vice Chair Carollo: Thank you, Madam City Clerk. Ms. Thompson: Okay. You have from FOP (Fraternal Order ofPolice) two and from the Miami City ofMiami Page 104 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Association of Fire Fighters two to make. Vice Chair Carollo: I just received a letter for the Miami Association of Fire Fighters. Is there a motion to nominate both of their top picks, which will be Monica Fernandez, CPA (Certified Public Accountant) -- (UNINTELLIGIBLE) CPA; she's the incumbent -- Commissioner Gort: So moved. Commissioner Dunn: Second. Vice Chair Carollo: -- and William Bryanson [sic]. I have a motion by Commissioner Gort, seconded by Commissioner Dunn. Any discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say / ay. "Motion carries unanimously. Now for the Fraternal Order of Police. Commissioner Gort: I have two. Vice Chair Carollo: Do you have them, Commissioner Gort? Commissioner Gort: Ornel Cotera. Vice Chair Carollo: And the second one. Commissioner Gort: And Thomas Russel -- Roell Vice Chair Carollo: Okay. Ms. Thompson: Roell. Vice Chair Carollo: We have a motion by Commissioner Gort. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say / ay. "Motion carries unanimously. BC.14 RESOLUTION 10-00826 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES/CATEGORIES: NOMINATED BY: City ofMiami Page 105 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Calvin Ellis City Manager Oscar Valido AT -LARGE (AFSCME 1907) Rose Gordon AT -LARGE (AFSCME 1907) Christopher Heywang AT -LARGE (AFSCME 1907) Charlie Cox AT -LARGE (AFSCME 1907) Ron Thompkins AT -LARGE (AFSCME 871) Caridad Montero AT -LARGE (AFSCME 871) Joe Simmons AT -LARGE (AFSCME 871) 10-00826 GESE CCMemo.pdf 10-00826 GESE Current_Board_Members.pdf 10-00826 GESE Memo.pdf 10-00826-Memo-City Clerk -Substitution for BC.14 Adding Backup Documentation.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0399 A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, to appoint Oscar Valido, Rose Gordon, Christopher Heywang, and Charlie Cox as members of the General Employees' and Sanitation Employees' Retirement Trust. Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Commissioner Dunn II, seconded by Commissioner Suarez, and was passed unanimously, to appoint Ron Thompkins, Caridad Montero, and Joe Simmions as members of the General Employees' and Sanitation Employees' Retirement Trust. Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II A motion was made by Commissioner Suarez, seconded by Commissioner Dunn II, and was passed unanimously, to appoint Calvin Ellis as a member of the General Employees' and Sanitation Employees' Retirement Trust. Vice Chair Carollo: We're moving on to BC.14. Priscilla A. Thompson (City Clerk): Thank you. On BC.14 we have appointments to be made to the General Employees' and Sanitation Employees' Retirement Trust. We have sent those names to you that were submitted by both the AFSCME (American Federation of State, County, and Municipal Employees) Local 1907 and AFSCME 871. And each one of those -- ifI might go down the list, 1901 has one, two, three, four appointments to be made. They sent in the names that they proffered. And then 871 has three appointments to be made and the names have been City ofMiami Page 106 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 proffered. The City Manager also has an appointment to be made to that board. Vice Chair Carollo: Thank you, Madam City Clerk. And let's take them one at a time. For AFSCME 1907, I don't have the list. Can anyone prosper [sic] those names? Ms. Thompson: Okay. I have the names -- Commissioner Gort: I got it here, but it's one -- there was one guy that I don't know if -- I don't know -- unless we can get him to change and he will not lose his temper and all that, I'll be more than proud to nominate Charles -- Vice Chair Carollo: Hey -- Commissioner Gort: -- Charlie Cox. He's got to make a lot of promises. Vice Chair Carollo: -- after 35 years of service, you know, I think, you know, you earn certain rights, but anyways. Madam City Clerk. Ms. Thompson: Okay. The names that had been proffered by AFSCME 1907 would be Oscar Valido, Rose Gordon, Christopher Heywang, Charlie Cox. Commissioner Dunn: So moved. Vice Chair Carollo: Is there a motion for the four? Commissioner Gort: Move it. Chair Sarnofff. Can we excise Cox out of there? Commissioner Suarez: Second with discussion. Vice Chair Carollo: I have a motion by Commissioner Gort, seconded by Commissioner Suarez. Commissioner Suarez, you are recognized. Commissioner Suarez: Thank you, Mr. Chairman. Mr. Cox, how are you, sir? Good to see you. Commissioner Gort: He's smiling, look at him. Commissioner Suarez: You look lovely today, radiant, magnanimous. That's -- those are all my comments. Vice Chair Carollo: Thank you. Any further discussion? Hearing no further discussion, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay." Motion passes unanimously. Now for AFSCME 871. There is a -- if you could prosper [sic] the names. Ms. Thompson: Right. The names proffered by AFSCME 871 would be Ron Thompkins, CaridadMontero, and Joe Simmons. Vice Chair Carollo: Thank you. Do I have a motion? Commissioner Dunn: So moved. City ofMiami Page 107 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: Motion by Commissioner Dunn. Is there a second? Commissioner Suarez: Second. Vice Chair Carollo: Second by Commissioner Suarez. Any discussion? Commissioner Gort: Where's Joe Simmons? Vice Chair Carollo: Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay. " Motion carries unanimously. Commissioner Gort, do you want to be noted on that vote as a yes or no? It was for the AFSCME 871. Commissioner Gort: Yes. Vice Chair Carollo: Show Commissioner Gort also as a yes vote, so -- Ms. Thompson: Okay. Vice Chair Carollo: -- unanimously, five. Ms. Thompson: Good. And now, Mr. City Manager, do you have your name to proffer? Carlos A. Migoya (City Manager): As usual, I am prepared. Calvin Ellis. Ms. Thompson: Calvin Ellis? Mr. Migoya: Yes, ma'am. Ms. Thompson: Thank you. Vice Chair Carollo: Does that need a motion and a vote? Ms. Thompson: Yes, sir. Vice Chair Carollo: Is there a motion? Commissioner Suarez: So moved. Commissioner Dunn: Second. Vice Chair Carollo: I'm looking out for you, Mr. Manager. We were prepared too. There is a motion by Commissioner Suarez and seconded by Commissioner Dunn. Any discussion? Chair Sarnoff Anybody go to school with Migoya? I mean, he sits there like this. Can you imagine what he must have been like at like 15 years old? Mr. Migoya: There was a previous chief of police here that went to high school and junior high school with me. Chair Sarnoff What kind of -- City ofMiami Page 108 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Mr. Migoya: Raul Martinez. Chair Sarnoff -- student were you? Commissioner Gort: Where did you go to school at? Vice Chair Carollo: That's not for public record. With that said, any further discussion? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say "nay." Motion carries unanimously. BC.15 RESOLUTION 10-00917 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00917 Health CCMemo.pdf 10-00917 Health Current_Board_Members.pdf DEFERRED Vice Chair Carollo: And moving on to BC.15. Priscilla A. Thompson (City Clerk): BC.15 is your Health Facilities Authority Board. Vice Chair Carollo, you already said that you'll defer yours. And Commissioner Suarez? This is deferred? Commissioner Suarez: Defer. Ms. Thompson: Thank you. So that's -- BC.15 has been deferred. BC.16 RESOLUTION 10-00348 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Gary Appel Commissioner Richard Dunn II (Real Estate Broker) City ofMiami Page 109 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 10-00348 HEP CCMemo.pdf 10-00348 HEP Current Board Members.pdf 10-00348 HEP Applications Summary.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0381 A motion was made by Commissioner Dunn II, seconded by Commissioner Suarez, and was passed unanimously, to appoint Gary Appel as a member of the Historic and Enviornmental Preservation Board, further waiving the attendance requirements in Section 2-886 of the Code of the City ofMiami, as amended, by a four/fifths (4/5ths) vote of the members of the full City Commission, as it relates to past absences on record for Gary Appel as a member of the Historic and Enviornmental Preservation Board. Priscilla A. Thompson (City Clerk): We move on to BC.16. With BC.16 we have our Historic and Environmental Preservation Board. Commissioner Sarnoff, you have an appointment to be made. Vice Chair Carollo will be deferring his. And then -- I'm sorry, his two. And then Commissioner Dunn, you have an appointment. Chair Sarnofff. Madam Clerk, I'm going to defer mine. Ms. Thompson: Okay. Thank you. Vice Chair Carollo: We don't need to take a vote, Madam City Clerk, on these deferrals or do we? Ms. Thompson: No. They're all right. Vice Chair Carollo: Okay. Ms. Thompson: Okay. I'm sorry. Commissioner Dunn. Commissioner Dunn: What's the requirements? Ms. Thompson: Okay. Right now -- I can tell you right now your appointee is Gary Apel. Commissioner Dunn: Yes. Ms. Thompson: Mr. Apel's term expires March 11, 2011. The reason why he is placed on the agenda is that he has had three consecutive absences this year. If you want him to remain, then you will have to get a four fifth attendance waiver for him. Commissioner Dunn: Let's shoot for it. I move for it. Ms. Thompson: You move him and requesting the four fifths? Is that what you're saying? Commissioner Suarez: Second. Commissioner Dunn: Go ahead. Vice Chair Carollo: Yes? City ofMiami Page 110 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Dunn: Yes. Vice Chair Carollo: Okay. I have a motion by Commissioner Dunn, seconded by Commissioner Suarez. Is there any discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in -- Ms. Thompson: With the -- I'm sorry -- understanding that that vote -- Vice Chair Carollo: Four fifth. Ms. Thompson: -- includes a four fifths waiver. Vice Chair Carollo: Exactly. And it is a unanimous vote of 5-0. BC.17 RESOLUTION 10-00930 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez Commissioner Francis Suarez 10-00930 Homeland CCMemo.pdf 10-00930 Homeland Current_Board_Members.pdf DEFERRED Priscilla A. Thompson (City Clerk): Moving on to BC.17. BC.17 is your Homeland Defense/Neighborhood Improvement Bond Program Oversight Board. Vice Chair Carollo has two appointments. Vice Chair Carollo: That's two deferrals then. Commissioner Suarez: Right. Ms. Thompson: Okay. Commissioner Suarez: Same here. Ms. Thompson: Same with you, Commissioner? City ofMiami Page 111 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Suarez: Yes, ma'am. Ms. Thompson: Okay. So BC.17 will be deferred. BC.18 RESOLUTION 10-00915 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE NUISANCE ABATEMENT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00915 NAB CCMemo.pdf 10-00915 NAB Current_Board_Members.pdf DEFERRED NOMINATED BY: Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Priscilla A. Thompson (City Clerk): We move on to BC.18, the Nuisance Abatement Board. Vice Chair Carollo has already said that he will be deferring his. We have Commissioner Gort, you have a vacancy to fill. Commissioner Gort: I do? Ms. Thompson: Yes. Commissioner Gort: I don't believe so. Ms. Thompson: Yes. If I'm not mistaken -- was it Mr. Bello that you appointed, and he resigned because --? Commissioner Gort: Nope. Ms. Thompson: I'm sorry? Commissioner Gort: I have Pablo Perez -Cisneros. The other gentleman, I don't know if he lives in the City, Mariano Cruz. Oh, Nuisance Abatement. Sorry. We have Jesus Abeyo [sic]. Mario Abeyo, I mean Ms. Thompson: No. I'm sorry. He resigned for health reasons. Commissioner Gort: Oh, he resigned? Ms. Thompson: Yes. He sent -- and we sent a copy to you. For health reasons, he resigned. Vice Chair Carollo: Madam City Clerk -- Ms. Thompson: Yes. Vice Chair Carollo: -- if you could speak into the mike. City ofMiami Page 112 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Thompson: Thank you. Vice Chair Carollo: We're a team up here. Ms. Thompson: Perfecto. So for health reason, he sent in a resignation letter and we shared it with you, so you do have a vacancy. Commissioner Gort: Sorry to hear that. Well, I'll get you someone. Ms. Thompson: I'm sorry? Commissioner Gort: I'll have to waive. Ms. Thompson: Okay, so that'll be another deferral. Commissioner Suarez? Commissioner Suarez: Defer. Ms. Thompson: Thank you. So BC.18, all of those will be deferred. BC.19 RESOLUTION 10-00921 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Irby McKnight Mayor Tomas Regalado Paul R. Ahr Commissioner Richard Dunn II Tim Barber Commissioner Richard Dunn II Deidria Davis Commissioner Richard Dunn II Lyle Grandison Commissioner Richard Dunn II Susan Spiegel Commissioner Richard Dunn II 10-009210AB CCMEMO.pdf 10-00921 OABCurrent_Board_Members. pdf 10-00921-Memo-City Clerk -Substitution fior Item BC.19 Adding Backup Doucumentation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0382 Priscilla A. Thompson (City Clerk): On -- City ofMiami Page 113 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: BC.19. Ms. Thompson: -- BC.19, we have the Overtown Advisory Board/Overtown Community Oversight Board. These are appointments that are made to the board. The Mayor has proffered the name of his appointment, Mr. Irby McKnight. I should let you know that all appointments must come from a list of individuals who applied by the deadline and had been deemed qualified. We shared that list with you. We did a substitute for you. We shared that list with you. Commissioner Dunn has actually five appointments to be made and an appointment for a youth member. No youth member applied, okay. There was no youth member to apply by the deadline. Therefore, he has five adult appointments he can make from the seven names that was proffered, minus Mr. Irby McKnight. Vice Chair Carollo: You ready, Mr. -- Commissioner Dunn: Yes, I am. Vice Chair Carollo: -- Commissioner Dunn? Commissioner Dunn: Yes. Paul Ahr. Ms. Thompson: Dr. Ahr. Okay. Commissioner Dunn: Dr. Ahr. Tim Barber. Ms. Thompson: Mr. Barber. Commissioner Dunn: Deidria Davis. Ms. Thompson: Ms. Davis. Commissioner Dunn: Lyle Grandison. Ms. Thompson: Mr. Grandison. Commissioner Dunn: And Susan Spiegel. Ms. Thompson: Susan Spiegel. Vice Chair Carollo: There is a motion by Commissioner Dunn. Can we --? Commissioner Suarez: Second. Vice Chair Carollo: And as far as for the Mayor's nomination -- Ms. Thompson: You can handle all of those together. He -- Vice Chair Carollo: Yeah. Ms. Thompson: -- proffered the name of Mr. Irby McKnight. Vice Chair Carollo: And Commissioner Dunn, I just want to make sure you also proffer the ones for the Mayor? Commissioner Dunn: Yes. City ofMiami Page 114 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: Okay. So we have a motion by Commissioner Dunn, seconded by Commissioner Suarez. Any discussion? Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition, have the same right to say / ay. "Motion carries unanimously. BC.20 RESOLUTION 10-00948 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION RATIFYING THE Clerk APPOINTMENT OF CERTAIN INDIVIDUALS AS ELECTED MEMBERS OF THE OAB/OVERTOWN COMMUNITY OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Feleshia Burden Elected Derek Cole Elected Andrea Copeland Elected Terrance Cribbs-Lorrant Elected Reginald Munnings Elected 10-00948 OABElection CCMemo .pdf 10-00948 OABCurrent_Board_Members.pdf 10-00948CertificationAndDeclarationOfResultsOAB Election. pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0383 Priscilla A. Thompson (City Clerk): We move on to BC.20. BC.20 represents your ratification of the election process that took place for the Overtown Advisory Board. In that process we only had one, two, three, four, five seats available. Of the six individuals who applied, only five qualified; therefore, we didn't have to have a voting election because you had the same amount of individuals to apply and be deemed qualified as you did for seats, and these are the names which you need to ratify. Vice Chair Carollo: Okay. And we need to now -- is there a motion to rat -- Commissioner Dunn: So move. Vice Chair Carollo: -- these names? Commissioner Dunn: For the -- yes. So move for the -- City ofMiami Page 115 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Suarez: Second. Commissioner Dunn: -- record. Yes. Vice Chair Carollo: I have a motion by Commissioner Dunn, seconded by Commissioner Suarez. Is there any discussion? Commissioner Dunn: I'm just -- I just want the record to reflect that they did not qualify. The ones -- it does say that, but how's that -- Ms. Thompson: I'm sorry? Commissioner Dunn: The individuals that applied that did not qualf, are they notified that they did not qualify? Ms. Thompson: Oh, yes. Commissioner Dunn: Okay. Ms. Thompson: Yes, sir. Commissioner Dunn: I mean, I know I shouldn't ask you that question 'cause of your thoroughness and professionalism, but I need that to go on record. Ms. Thompson: Yes, sir. Just to put that on the record for you, each individual who applied to run for office -- we actually had a qualiing meeting. At that meeting, okay, we went through all of the applications and we advised each individual. Commissioner Dunn: Okay. Ms. Thompson: Thank you. Vice Chair Carollo: We have a motion and we have a second. Any further discussion? Hold on, Commissioner Suarez. You second it. Just say aye."All in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Go ahead, go ahead, you can catch him. Go ahead, you can catch him; you're fast. BC.21 RESOLUTION 10-00951 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Andy Vallina Commissioner Francis Suarez 10-00951 PRAB CCMemo.pdf 10-00951 Parks Current_Board_Members.pdf City ofMiami Page 116 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0384 Vice Chair Carollo: Moving on, BC.21. Priscilla A. Thompson (City Clerk): On BC.21, you have your Parks and Recreation Advisory Board. Vice Chair Carollo is going to be deferring his appointment there. And then Commissioner Suarez has shared with me a name -- Commissioner Suarez: Andres [sic] Vallina. Ms. Thompson: So if you want to put that name on the record, sir. Commissioner Suarez: Andres [sic] Vallina. Ms. Thompson: Okay. And just wanted to make sure that you know that that individual must reside in your district. Commissioner Suarez: He does. Ms. Thompson: Okay. Vice Chair Carollo: And I have a motion by Commissioner Suarez. Commissioner Dunn: Second. Vice Chair Carollo: Is there a second? Seconded by Commissioner Dunn. Any discussion? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. BC.22 RESOLUTION 10-00918 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE PLANNING, ZONING AND APPEALS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo 10-00918 PZAB CCMemo.pdf 10-00918 PZAB Current_Board_Members.pdf 10-00918 PZAB applications.pdf City ofMiami Page 117 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 DEFERRED Vice Chair Carollo: BC. 22. Priscilla A. Thompson (City Clerk): On BC.22, there -- Vice Chair Carollo is going to defer his appointment. And I don't have any names proffered by the Mayor. And it is my understanding, when the Mayor does proffer a name, that according to City Attorney's Office, the Mayor's appointment does not need to be approved by City Commission action. Vice Chair Carollo: The Mayor, I don't think, proffers a name right now? Ms. Thompson: No. Vice Chair Carollo: No. Okay. BC.23 RESOLUTION 10-00855 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE WATERFRONT ADVISORY BOARD FOR TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Charles J. Flowers Commissioner Richard Dunn II 10-00855 WAB CCMemo.pdf 10-00855 WAB Current_Board_Members.pdf Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0385 Vice Chair Carollo: So we move on to BC.23. Priscilla A. Thompson (City Clerk): BC.23, your Waterfront Advisory Board. Vice Chair Carollo has already said that he will be deferring his appointment. Commissioner Suarez, you'll be deferring yours, is that correct? Vice Chair Carollo: Yes. Ms. Thompson: And then Commissioner Dunn? Commissioner Dunn: I -- Mr. Charles Flowers. Ms. Thompson: So you're reappointing Mr. Flowers? Commissioner Dunn: Yes. Vice Chair Carollo: There is a motion by Commissioner Dunn. Is there a second? Second by -- Commissioner Gort: Second. City ofMiami Page 118 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Vice Chair Carollo: -- Commissioner -- Commissioner Suarez: Second. Vice Chair Carollo: -- Suarez. Any discussion? Hearing no discussion, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. BC.24 RESOLUTION 10-00823 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 10-00823 UDRB CCMemo.pdf 10-00823 UDRB Current_Board_Members.pdf DEFERRED Vice Chair Carollo: BC. 24. Priscilla A. Thompson (City Clerk): On BC.24, we have the Urban Development Review Board. Appointments are to be made by Chair Sarnoff, Vice Chair Carollo, you've already said that you will be deferring yours. Commissioner Gort has two appointments. Commissioner Suarez, you'll be deferring yours -- Commissioner Suarez: Yes. Ms. Thompson: -- is that correct? Okay. And Commissioner Dunn. Vice Chair Carollo: Commissioner Dunn, do you have any appointments or -- City ofMiami Page 119 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Dunn: I'm going to defer. Vice Chair Carollo: -- do you want to defer? Commissioner Dunn: Defer, yes. Commissioner Gort: Defer. Vice Chair Carollo: Everyone's deferring. Ms. Thompson: Okay. So BC.24 will be shown as being deferred. Commissioner Suarez: Wait, wait. Can I reappoint one of my two members? Ms. Thompson: Okay. Vice Chair Carollo: Sure. Ms. Thompson: Hold on, hold on. You actually -- ifI might just draw to your attention, you have right now as your appointment Mr. Willy Bermello. Commissioner Suarez: Right. Ms. Thompson: And he cannot be reappointed until -- Commissioner Suarez: Until his term expires. I got you. Ms. Thompson: No, no, no, no, no. No, no. His term has expired, but he cannot be reappointed because of the time that he served on that board. And this particular board does not have a provision for a waiver of that requirement. And then you have a vacancy. Commissioner Suarez: Okay. Defer it then. Ms. Thompson: You're going to -- Vice Chair Carollo: Okay, so that will all be deferred. BC.25 RESOLUTION 10-00919 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE VIRGINIA KEY BEACH PARK TRUST FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commission AT -LARGE 10-00919 Virginia Key CCMemo.pdf 10-00919 Virginia Key Current_Board_Members.pdf DEFERRED Vice Chair Carollo: We move on to BC.25. City ofMiami Page 120 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 M.1 10-01039 Priscilla A. Thompson (City Clerk): Okay. Vice Chair Carollo: Madam City Clerk, I think it's at -large Commission for the Virginia Key Beach Park Trust. Ms. Thompson: Andl have not had a name proffered by them yet for that at -large. With their ordinance, they have to proffer their name to the Commission for ratification. Vice Chair Carollo: Okay. So that -- Ms. Thompson: Will be deferred as well, sir. Vice Chair Carollo: -- will be deferred. And that ends all the BC (Boards and Committees) items. Ms. Thompson: Yes. Thank you. END OF BOARDS AND COMMITTEES MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCALAGREEMENT WITH THE CITY OF NORTH MIAMI, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF THREE (3) YEARS, WITH TWO (2) OPTIONS TO RENEW ON A YEAR -BY -YEAR BASIS, FOR USE OF THE MIAMI VIRGINIA KEY COMPOST/MULCH FACILITY FOR ITS DISPOSAL OF CLEAN YARD TRASH AT AN AGREED -UPON DISPOSAL FEE RATE. 10-01039 LEGISLATION.pdf 10-01039 EXHIBIT.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0396 Chair Sarnofff. All right, Mr. Mayor, you're recognized for the record. Mayor Tomas Regalado: Thank you, Mr. Chairman, Commissioners. And -- no, actually, you did the right thing because we had the CDBG (Community Development Block Grant) people and things that we needed to do in the morning. I have two items in our page, M.1 andM.2. I'm happy to report that these are items that are related to the budget. These are items that are part of the Administration's effort to bring new revenues without impacting the residents of the City of Miami. This is important because for the first time ever the City ofMiami is using its resources City ofMiami Page 121 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 to have a new and reoccurring revenue for the years to come. Number 1 is a resolution of the Miami City Commission authorizing the City Manager to execute an interlocal agreement with the City of North Miami for a period of three years, with two years options to renew on a year -by -year basis, for use of the Miami Virginia Key compost mulch facility for disposal of clean yard trash as an agreed fee rate. I would like to report to you that last night the city council of the City of North Miami approved the interlocal with the City ofMiami, and the City of North Miami already is on board. This will have a revenue, a set revenue for the City of Miami, estimated at $72,000, so that's the local -- the total revenue for the next three years will be $216, 000 in three years. In addition, the City ofMiami Solid Waste Department will save $522, 000 in tipping fees, paid to Miami -Dade County, by disposing 35 tons of clean yard per day at the Virginia Key compost facility per day, so that's a resolution for your consideration. Chair Sarnoff. All right. Commissioner Suarez: So move. Commissioner Gort: Move it. Chair Sarnoff. We have a motion by the Vice -- I'm sorry, motion by Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Commissioner Suarez: Congratulations. Commissioner Dunn: I just want to commend you, Mayor, and the staff the Manager, for finding ways to generate some revenue for the City. And -- excellent. Chair Sarnoff. Mr. Manager, I would surmise that the Mayor of Key -- I guess it's called Key Biscayne or -- Key Biscayne, Inc., is that it? -- would probably like you to use one of the newer garbage trucks to go out and -- Commissioner Dunn: That wasn't nice. Chair Sarnoff. It's a joke, but would imagine he'd like that. Mayor Regalado: I mean, they going to look a little -- Chair Sarnoff. Exactly. Mayor Regalado: -- dirty. Chair Sarnoff. It's a garbage truck. Mayor Regalado: Maybe he won't like it, but -- Chair Sarnoff. It's a garbage truck. Mayor Regalado: -- it's a garbage truck anyway. Chair Sarnoff. Mr. Manager, the only thing -- I'm using this sort of as a vehicle . I heard you got a pretty stern letter from the City Manage -- City -- Mayor Regalado: County. Chair Sarnoff. -- sorry, County Manager. Does this affect any of that content of that? City ofMiami Page 122 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Carlos A. Migoya (City Manager): No, it doesn't, sir. Chair Sarnoff. Okay. All right, we've had discussion. All in favor, please say aye." The Commission (Collectively): Aye. M.2 RESOLUTION 10-01059 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF CORAL GABLES, IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF THREE (3) YEARS, WITH TWO (2) OPTIONS TO RENEW ON A YEAR -BY -YEAR BASIS, FOR USE OF THE MIAMI VIRGINIA KEY COMPOST/MULCH FACILITY FOR ITS DISPOSAL OF CLEAN YARD TRASH AT AN AGREED -UPON DISPOSAL FEE RATE. 10-01059 LEGISLATION. pdf 10-01059-Exhi bit-SU B. pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0397 Chair Sarnoff. Mr. Mayor, M.2. Mayor Tomas Regalado: Thank you. The second item is sort of the same. A resolution of the Miami City Commission, with attachment, authorizing the City Manager to execute an interlocal agreement with the City of Coral Gables, in substantially the attached form, for a period of three years, with two years' option to renew on a year -by -year basis, for use of the Miami Virginia Key compost mulch facility for its disposal of clean yard trash at an agreed upon disposal fee rate. Now what this will do to the City ofMiami -- the interlocal agreement with the City of Coral Gables and Mayor Slesnick and the Commissioners have been briefed, the City Manager. Actually, it was going to be heard this week, but because of a technical error, it's in the agenda for the 28th of this month. Well, this means that this contract with Coral Gables will bring to the City ofMiami $572, 000 a year, this coming year. And the total estimated revenue in the next three years, it's $1.7 million. This is important. And the Administration is looking at other municipalities, even private companies for the possibility of using the Virginia Key facility and -- but, I can say that I'm very proud of the work that the Administration has done, Solid Waste Department, Assistant City Manager Tony Crapp, City Manager Migoya. Everybody has been on board. We -- Tony has been lobbying with different cities, and we got agreement -- and probably, we will have some new agreement for you from a private vendor to use the Virginia Key facility. That facility was there forever and it wasn't being used. Think that now that facility, just by doing what we're doing, it's going to be a moneymaker for the City, this coming year more than $600,000, plus half a million dollars in saving, so this is a million dollars in revenues for the City ofMiami. So that's the second item. Chair Sarnoff. All right. Commissioner Suarez: So move. Commissioner Dunn: Second. City ofMiami Page 123 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff We have a motion by Commissioner Suarez. Vice Chair Carollo: Second. Chair Sarnoff Second by the Vice Chair, a more vociferous second. Any discussion, gentlemen? I apologize, Commissioner. Commissioner Dunn: That's okay. Commissioner Gort: That's all right. Commissioner Dunn: It was more vociferous. Chair Sarnoff Any discussion, gentlemen? Hearing no discussion, all in -- Julie O. Bru (City Attorney): Mr. Chairman, I understand that there was a slight modification to what is in your packet, so it needs to be put on the record. Commissioner Suarez: As amended. Keith Carswell (Assistant Director, Solid Waste): Mr. Chair, Commissioners. Chair Sarnoff Yes, sir. Mr. Carswell: Keith Carswell, assistant director of Solid Waste. For consistency with the other municipalities, in Article II, Section A, the word.Ihall'ivas stricken to include lhay. "Also, Article XI, we had put a termination clause in there for each municipality. They could terminate with or without cause, providing us 60 days' notice. We don't foresee that, but just for consistency with other municipalities, we just wanted a consistent documentation. So those were the only changes to the agreement. Chair Sarnoff Well, you went from a mandatory ghall'to a permissive /hay. " Mr. Carswell: Correct. Chair Sarnoff And how does that affect the document? Mr. Carswell: How does it affect the document? Chair Sarnoff Well, it's a contract. You just told -- Mr. Carswell: It's a contract. Chair Sarnoff -- me you went from a mandatory ghall'to a permissive /hay. " Mr. Carswell: Correct. Chair Sarnoff Tell me how substantively that changes the contract. Mr. Carswell: Well, that gives them the option. And actually, in this particular instance, Coral Gables generates 115 tons per day of clean yard trash. What we negotiated in a conversation was that we would only take between 50 and 55 tons per day. This gives them an option to perhaps send us less. We, in conversations, don't foresee them sending us less than. They actually have an interest in sending us more. So that's the change. Correct. City ofMiami Page 124 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff Okay. All right, just checking. All right, so I believe the maker has accepted the modification. Commissioner Suarez: I do. Chair Sarnoff The seconder, I imagine, will. Vice Chair Carollo: Yes. Chair Sarnoff All right. Any further discussion? All in favor, please say aye." The Commission (Collectively): Aye. Commissioner Gort: Mayor, thank you. And the Administration, I know you're going to create more income andl understandMigoya's going to be able to complete the whole thing. Chair Sarnoff It was modified? Commissioner Gort: You're going to bring a lot more too. Carlos A. Migoya (City Manager): Hopefully, there'll be more to come. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 City ofMiami Page 125 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 NA.1 10-01116 DISCUSSION ITEM DISCUSSION REGARDING FLAGSTONE GROUND LEASE. 10-01116-Submittal-Correspondence-Shutts & Bowen -Flagstone Island Gardens Project.pdf DISCUSSED A motion was made by Vice Chair Carollo, seconded by Commissioner Dunn, which failed, with Commissioners Suarez, Dunn, and Sam off voting no, for the City of Miami to discontinue negotiations with Flagstone Island Gardens, ET C, so the City could take all steps necessary to take back the land at Watson Island associated with the Flagstone project. A motion was made by Commissioner Dunn, seconded by Commissioner Suarez, and was passed, with Commissioners Carollo and Gort voting no, to enter into the public record the agreement that was discussed today so that it is not changed before final approval, and for Flagstone to bring a $200,000 check to be submitted for payment to the City of Miami upon approval of the agreement, and that this item be brought back for a vote at the September 23, 2010 Miami City Commission Meeting. Chair Sarnofff. Mr. Mayor -- Mayor Tomas Regalado: Thank you, Commissioners. Chair Sarnofff. -- do you have any --? Mayor Regalado: Mr. Chairman, I have a note about Flagstone, and it's a statement that we have to make for your information and consideration. And even though the City and Flagstone have negotiated in good faith, we believe that the parties did not reach an agreement satisfactory to both parties. Please recall that you extended the old agreement until such time as the new agreement will be approved by the City Commission. We are reporting to you that the negotiations have concluded unsuccessfully without any new agreement being reached. The City Commission previously authorized the City Manager and the City Attorney to (UNINTELLIGIBLE) the transaction on December 22, 2009. This authorization is still in effect. You may recall that the City already accomplished the first part of that authorization by obtaining the half a million dollar security deposit. The City Commission has already authorized the next steps necessary to take back the properties and terminate the related easements and to take all necessary steps in the best interest of the City, and we plan to proceed accordingly. Chair Sarnofff. All right. I guess, Mr. May, you want to be heard? Brian May: Yes, just briefly, Mr. Chairman, if you don't mind. Chair Sarnofff. Go ahead. Mr. May: Brian May with Floridian Partners, located at 235 Catalonia Avenue, in Coral Gables. First of all, I want to thank the Mayor and the Manager and the staff for, you know, their diligence and their efforts in negotiating this deal. I just want to say for the record that it is our understanding that actually Flagstone and the City have a deal on the documents and all the terms and conditions. In other words, on -- I'll just be brief about it and not recount history here or the process of negotiations. But on August 16, the Manager and staff delivered to us documents with regard to the deal that were basically an ultimatum to say this would be the deal. Take it or leave it. Obviously, we attempted to negotiate since then. And we have agreed with the City on those documents as they were presented to us, but with the exception of actually two City ofMiami Page 126 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 items. One had to do with the timing by which we were to put up a security deposit for the City to protect the City against any liens and judgments that were filed against Flagstone. We did reach agreement on that issue unto itself yesterday with the Manager and with staff that we would put that into -- put that security deposit up 120 days from the date that the Commission was to approve the documents. We did that for one reason, which is we wanted to have the opportunity to clear up as many of the liens and judgments as possible before that date so that we would obviously be able to put up less dollars. The other issue was that the Manager had requested that Flagstone actually come to the meeting today to make payment of $200, 000 for the months of February, March, April, May, June, July, August, and September of 2010. And that would, of course, have been making payments on -- for those months prior to there being any documents that would be approved by the City. Flagstone's response to that was that we were more than willing to pay the $200,000 at the time that the final documents were approved, even though during negotiations what had originally been contemplated is that we would make those retroactive payments at the time that the state waiver was actually resolved by the City staff and the Commission with the state. But in an effort of good faith, and that's what this letter says to you today, is that we would -- Flagstone would be willing to bring a $200,000 cashier's check to the Commission meeting on September 23 or any Commission meeting that the Commission and the Manager and the Mayor decide to have to approve the deal. We would bring a cashier's check to make payment for those months at that time, obviously nonrefundable, and we would want to continue forward with the deal. On behalf of Flagstone, I can only tell you that the terms and conditions that were negotiated since the end of June on this deal have not been in the favor of Flagstone, with the exception of allowing us additional time on the retail, which we do appreciate a great deal. But the other conditions, you know, honestly, are very tough conditions and they're hard to deal with, but in the spirit of good faith and moving forward and because of his dedication and commitment to the project, Mr. Bayraktar wants to move forward. And despite the recommendation from the Manager and the Mayor respectfully, we would ask that you please allow the deal to move forward with the caveat that once documents are approved -- and we will not negotiate one word additional to those documents between now and when they're presented based upon what we said yes to yesterday afternoon on all the documents -- we're prepared to move forward. Carlos A. Migoya (City Manager): Mr. Chair. Vice Chair Carollo: Mr. Chairman. Mr. Migoya: May I? Chair Sarnofff. Let's hear from the Manager, and then we'll hear from the Vice Chair. Mr. Migoya: IffI may explain a slight correction on a couple of things. We did present this last contract to Mr. May and the Flagstone people on August 16. At the time and shortly thereafter, they said that these were conditions onerous and would not accept them. We waited until last Friday, whatever date that was -- Mr. May: Thursday. Mr. Migoya: -- Thursday, I'm sorry. -- until Thursday. At which time we sent them a letter saying that since we have not heard from them, that we were ceasing negotiations unsuccessfully, and we were noting them that we would bring that to this meeting today to notify you to that effect. We did not hear from Mr. May or anyone from Flagstone until Tuesday at noon when we broke from the special meeting that we had. At which time Mr. May said that they were willing to agree to all the items, to which I asked him to meet with -- asked the manager -- Madeline Valdes. We went through the items. The concern that I had -- because it's happened in the past -- is that we would not have a specific agreement that's in writing approved and signed by both parties until obviously the day that we would get this to the Commission. My position on the City ofMiami Page 127 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 $200,000 is this. This is past -due rent. They have -- for us, we've done an awful lot of work over the last several months to which we haven't gotten paid one cent, and we have $200,000 worth of past -due rent at this point in time. In my position, I believe for us to consider this or for you to consider this and to go any further, the $200,000 not only becomes a way of paying what's delinquent at this point in time, but it's also good faith that they're willing to go through with what they're saying with no further negotiations. We also have a history where they -- we've stated that we have agreement and those agreements have changed. In addition to these things, they have liens of about $3.5 million in judgments, which is why we've asked for that -- escrows. Now, we've agreed to give them 120 days from the date that the Commission approves it for them to cure it. And if during that period of time (UNINTELLIGIBLE) not cured, they would have to either -- they have to escrow with the courts or some -- we'll figure out where to escrow, but the bottom line, we would like for them to deal with that 'cause we have had history in which our -- some of our payments have been tried to be garnished by people that have liens against them and we don't want to be in a situation with the courts of having to worry about where our money is coming from. In addition to that, we have history of past due, so I don't want to have an argument as to if once we approve this, where's the check coming from, and that's part of the reason why I've asking for a cashier's check. And last but not least, if we are entering into an agreement with any party, which approximately is a $400 million contract, and if they can't come up with $200,000 of past -due rent, I think we have a problem with that person or company or institution. So for those reasons, I really strongly believe that we should stick to the fact -- andl did not say at the meeting. I said that before the meeting, by 8: 30, I would like not only agreement to the contract, which they have stated, and in addition to that, I wanted the $200,000 cashier's for those payments. So I am willing to accept that $200,000 cashier's check any time today if you're wishing to do so. That would be my position. But at the end of the day, obviously, it's your decision as to how we go forward with that. So that's my position. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. Vice Chair Carollo: Thank you. I have a question for our City Attorney, andl apologize for putting you on the spot. Madam City Attorney, what is the definition of stringing us along? Julie O. Bru (City Attorney): Mr. Vice Chair, I think that you probably can define that better than I can. I can only speak legalese, and stringing us along I don't think is something I learned in law school. Vice Chair Carollo: Well -- and I apologize because I wasn't prepared to, you know, discuss the issues with Flagstone at this meeting, but I remember months ago -- and I'm not even sure what month, how many months ago. This was a rushed thing. I remember that respectfully, you know, requested a deferral for more time after you're being given the whole package 30 minutes before a meeting and no, no, this is a rush thing. We need to move this along and so forth. I lost track. How many months later, we're still at this. You know, I mean, this sounds like a bad marriage that we just need to cut our losses and move on. I mean -- and that's my position. Thank you. Commissioner Dunn: Thank you. Chair Sarnoff If you don't mind, I'd like to speak, and I usually speak last. Mr. Manager, you have what I like to term as negotiation fatigue. I think you're tired. I think you're tired of the way the negotiations were taking place, andl think you're -- somewhat, your nose is out of joint, andl understand that. Andl think you probably have negotiated deals in your life, in your citizen life, that have been rigorous, tough, where you needed to walk away for a while simply because it got maybe personal or maybe it got to the point where you became uncomfortable. But if you took a new, fresh, 360-degree view of things, you would say, the end of the day, this is City ofMiami Page 128 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 not a bad deal. And then you may ask yourself ifI don't do this deal, what is on the horizon? What is coming after this? How many people are knocking down my door at Wachovia to do another deal substantially the same as this where I'm going to net as much revenue? And I don't know of another deal coming out like this. And I'm not here to tell you that you shouldn't be -- your nose shouldn't be a little out of joint, the way they have essentially negotiated with you. But I can tell you that I've negotiated a lot of tough deals in my life, most of which I'd like to forget the first few weeks of negotiation, but the end of the day, the product might be good. And I'm listening to somebody that is willing to give this City a cashier's check for $200,000, that is willing to either resolve 3.5 million in loans or put up the money necessary for those -- whatever loans are then left. Andl don't know anybody that's going to build a mega fleet facility on this land other than Flagstone. I've heard of other ideas. I heard of the tallest building in the world going there. I've heard of a circus going there, but the end of the day, the highest, best use for this particular land really is a mega facility. We just passed some laws and some ordinances regarding the Miami River. If you ever want to reinvigorate the Miami River, bring a mega yacht here. Get Merrill Stevens back up and running, which I understand they were sold recently or in the process of being sold. You will have what Fort Lauderdale has and maybe even more than Fort Lauderdale. So I'm not so quick to say -- I understand your fatigue. I understand that you're tired of this. But I'm not so sure that I want to walk away from this so quickly without having to give them the opportunity of presenting the check to you, seeing if this Commission will agree to the terms and conditions, and putting it on, I don't know, let's say the -- never seen so many meetings in September in all my life. Is there a September 27 meeting? Commissioner Dunn: Yes, there is. Priscilla A. Thompson (City Clerk): Yes, there is. Chair Sarnoff Okay. Vice Chair Carollo: That's the budget. Chair Sarnoff. Can we put that on as --? Mayor Regalado: That's the budget, Mr. Chairman. Mr. Migoya: You have the five-day rule. You could still do it for the 23rd, if you choose to. Chair Sarnoff. So we could put it on September 27 just before or -- Commissioner Dunn: 23rd. Mayor Regalado: No, no. IffI may. We just called a special meeting for September 27 at 4 pm. Chair Sarnoff Okay. Mayor Regalado: But it has been advertised, and it has to include -- it would have to include the Flagstone deal. Ms. Thompson: Mr. Mayor, if you -- yes, that ad has gone out. So if you would like to schedule another special meeting for that day -- Chair Sarnoff. Well, I don't want to cost us anymore money. Mayor Regalado: No, but what I would suggest to you, if you want to vote, is for the 23rd. Chair Sarnoff. Okay. I -- the only reason I didn't put it to the 23rd, Mr. Mayor, was I have not City ofMiami Page 129 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 looked at that agenda to see how lengthy it is. Mayor Regalado: Well, it's mostly, you know, zoning -- Chair Sarnoff Okay. Mayor Regalado: -- matters and some second readings ordinance and all that. What you have on the special meeting on the 27th is very few items that has to do with the budgetary process. Chair Sarnoff Okay. Mayor Regalado: And what we can do is if the Commission will vote now to dismiss the Administration's position that we're canceling totally the deal, and you wanted to consider that on the 23rd, then we can probably have a supplemental agenda on the 23rd, if you want to vote with that. I just wanted -- I just want to say, Commissioners, that this is not about us getting tired. It's about coming back and coming back to you. It's a little embarrassing to come back to you ten times and keep telling you that we're still negotiating with Flagstone and so it would be up to this board to decide if you want to end this deal now or wait until next week to see if they do what they say they do. This was supposed to be a partnership, but you know, this is the most precious land that the City ofMiami has in all the City ofMiami. There is no -- not even this City Hall sitting on the water. That is the most precious land that the City has. It's the most important asset that the City has and it will have ever. So I just want to say that. Vice Chair Carollo: Mr. Chairman Chair Sarnoff. You're recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I would like to make a motion to go along with the Administration's and the Mayor's suggestion that we take back our land and we conclude any negotiations and move forward. Like I said before, it appears this is a bad marriage. We keep going on and on. They're stringing us along. I've been saying it all along. It's been I don't know how many months. I don't know why all of a sudden they come before us and they get preference over a Commissioner when they request more time when this Commissioner requested more time andl thought it was reasonable; did not receive it. So I think just like a bad marriage that parties think that we should have a divorce and just move on and cut our losses. This is the most - - like the Mayor said, this is the most valuable land we have in the City ofMiami. I think realistically we need to start looking at that land and realistically seeing -- Look, we're in dire need of revenues. However, I don't -- it seems to me that in the past unfortunately a lot of times - - andl don't want to put -- I don't want to single out anybody, but it seems like in the past, governments have gone for the carrot and they miss the big picture. You know, right now they're waving $200,000 of back rent. I mean, in all fairness, we've been at this before. I mean, when do we just say, hey, enough is enough? Once again, you know, they're using that as leverage. Oh, the back rent that we owe you, without interest by the way, we will pay you now, you know, for an additional week or so. I mean, when do we just get tired and say, hey, enough is enough? It's been months and months and months and months, you know. Let's just cut our losses. Let's move forward. And you know, let's make this City one that we can all be proud of. Thank you. Chair Sarnoff Thank you. Vice Chair Carollo: And by the way, I made a motion to -- Chair Sarnoff. All right. Vice Chair Carollo: -- accept the -- City ofMiami Page 130 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnofff. There's a motion. Is there a second? Commissioner Dunn: I will second it for discussion, but it does not necessarily mean that I will support the motion. Chair Sarnofff. You're recognized for the record. Commissioner Dunn: Yes. I'm torn for both -- several reasons and good reasons that have already been pre -stated. I have a couple of questions. If we decide to give Flagstone another shot at it, how much does that bind us or it just reopens the negotiations if --? That's what I --? What's the impact that it will have on us? Is it a --? Are we bound permanently or --? I just need to hear that for the record. Ms. Bru: I think that if you decide to support the Chairman's position, all you're doing is you're maintaining the status quo for another few days, I guess, until the Mayor suggested the 23rd. You would just be maintaining the status quo. Commissioner Dunn: So it may, given that opinion, not necessarily -- it may somewhat be inconsequential in terms of the long-term impact? Ms. Bru: It -- you'd be in no different position that you are today. Commissioner Dunn: With the exception that we would have -- and I know -- I hear you loud and clear, Vice Chair -- but in -- with exception that we would have $200,000? Mr. Migoya: No, not the way that -- Vice Chair Carollo: No. Mr. Migoya: The Chairman's proposition is not to accept the 200,000 -- to accept the $200,000 a week from now. What I'm saying, for them to have their day in court, which will be next week if we chose -- if you chose to do it on September 23, they should -- we should be entitled to be paid our past -due rents, at least the $200,000. Vice Chair Carollo: With interest. Mr. May: Mr. Chairman -- Mr. Migoya: At least 200, 000. Mr. May: -- could I just make --? I -- there's a couple of things on the record that I want to just clam. First of all, when the Commission approved the terms and conditions in Exhibit A on March 25, it said that we would not be paying rent -- any further rent from February 1 on to the City until the final documents were approved. So the characterization that the rent is past -due or that we are somehow in default because we just decided not to pay you, that is -- what I'm hearing is it's getting mischaracterized a little bit, andl need to correct the record for that. Second of all, you know, negotiations are a two-way street; it's a two-party deal. Frankly, they've actually gone pretty well. We have worked through a lot of very difficult issues with staff. Everybody has kept their cool. Nobody has really gotten mad at each other. I haven't, okay. And it's actually gone well. But I have to respectfully say that we have been trying to get an agreement, which was -- we thought we had an agreement, documented by e-mail (electronic), okay, with staff dating back to the end of June. We've been trying to get to the Commission since then, and we have been presented and we have also countered with different positions on different issues. But where we are -- so the fact that -- this idea that we are stringing the City along is really not accurate. It is really a two-way street. Final point, there is no more City ofMiami Page 131 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 negotiation. We have agreed to the final documents as they were presented to us, with the exception of the timing by which we put up the security deposit for liens which are outstanding, not liens that are outstanding on the property; liens that are outstanding against Flagstone. That is the only modification that we have to the documents which have not been written in, to my knowledge and understanding. So all we're asking the Commission to do is give us one week from today; we will come to the Commission meeting with a $200,000 cashier's check to pay for February through September of 2010. If the Commission approves the deal, this check is the City's property and we are done and we will move forward and perform to the best of our ability under the agreement. And if not, then we will take our $200,000 check and go home and it will be the end. Chair Sarnoff All right. Mr. May: But that is what we are asking for today. Chair Sarnoff All right. Commissioner Gort: Mr. Chairman. Chair Sarnoff Yes, sir. You're recognized. Commissioner Gort: I know. Chair Sarnoff Sorry. Commissioner Gort: I just -- I want to keep my words and -- I recall, I voted for this. I [sic] went to the voters 'cause this was -- it had to go to an elections [sic], ifI recollect. If I'm wrong, please let me know. And it was -- my understanding, it was in 1999/2000. We've been at this now a few years, ten years, during the good times. I mean, let's face it; the economy between 205 [sic] and 208 [sic], it was great and nothing took place. And I can understand your point of view and your argument for your client and they appreciate it, but I'm tired. I mean, I thought by now it would be built, it would be operating, and we'll have that hotel, and we'll have the yachts in there. It's been so long. And during such good times, you were not able to put it together; I don't know how you're going to be able to put it together now. I have a lot of doubts in this right now, I'll tell you. If any motion to expand another week, I would want to make sure that we have a check before that meeting, not at the meeting. Vice Chair Carollo: Mr. Chairman. Mayor Regalado: Mr. -- Chair Sarnoff Well, let me let Commissioner Suarez go. Commissioner Suarez: Thank you, Mr. Chairman. I mean, I feel everyone's frustration. I'm frustrated as well. I have expressed, I think at every opportunity that I've had, my doubts about the ability of Mr. -- how do you pronounce it? Mr. May: Bayraktar. Commissioner Suarez: -- Bayraktar -- Chair Sarnoff Yeah. Commissioner Suarez: -- to perform. However, from what you're telling me here today, it seems like everything is agreed to and all that's missing is the check. And so -- I mean, are we going to City ofMiami Page 132 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 leaving $200,000 on the table? I mean, are we in that kind of a position? You know, I can tell you that if we terminate the agreement, there's going to be litigation. This is a referendum -approved project, so there needs to be a referendum. So this is going to be dragged on forever, so we're not going to see a penny of this money forever. I think to wait a week would be prudent, be in the best interest of the residents of the City ofMiami. That's my perspective. I can't see how waiting a week -- I can understand the frustration 'cause I'm frustrated as well, but I don't see how waiting a week, you know -- I just don't get it. Chair Sarnoff Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. My problem is that it's not a week, and that's a stringing us along. If we were months back -- and like I said, I've even lost track of how many months it's been. If you had told me months back an additional week, additional month, you know, hey, we're all reasonable. The thing is that additional week is tagged on to I don't know how many months, and it goes just to the continuous stringing along. And the bottom line is when do you say, hey, that's it? I mean, from 1999 till now. I mean, it's just absurd. Andl -- what I'm fearing is they're going to continue to string us along until the new boom comes along I don't know how many years from now and, you know, we're going to still be -- you know, being in a position where we can't use that asset to its maximum capacity to earn revenues. Hey, listen, I mean, in all fairness, it's not absurd. Look at Bayfront Park Management Trust. Look at Bayfront Park; it's been successful; doesn't ask for a penny from the City. It earns revenues. Now, if you're telling me that if Bayfront Park can do it, the most precious land that we have in the City ofMiami cannot? That's absurd. And it's doing it right now when we're all facing financial difficulty, when the economy as a whole is facing financial difficulty. And guess what? They're doing it. They're raising revenues. So you mean to tell me that Bayfront Park can do it and the most precious land in the City ofMiami cannot? That's absurd. I think, once again, let's cover our losses; let's move forward. Let's make this one city that we can all be proud of. Mayor Regalado: Mr. Chairman, ifI may? Chair Sarnoff Yes, sir, Mr. Mayor. Mayor Regalado: I think that it's important that we have on record that we are not doing this -- what we're trying to do today just because we are upset or we are frustrated. It's because there were certain things that were approved, then certain things that were discussed, approved, then rejected. It has been going on and on and on. And yes, this is a voter -referendum project. Andl remember that Commissioner Gort and myself, we were here. We went out and campaign for it. Sometimes I get a little nervous because some of the things that we promise the voters are not in this project anymore. You know, we promise the fish markets and the open fish markets and all that. And actually, the fishermen [sic] that were there and that were kicked out of the Watson Island facility by the past Administration that could have been still there for several years campaign for this project. So I don't think it's about frustration. I think it's just about going back and going forth. And it's something that eventually a decision has to be made. Chair Sarnoff And ifI could just close by saying why not wait for one more week to simply see that they will perform under the modified agreement, which I understand has almost every issue that you've raised in terms of percentages and increasing of certain rents. Commissioner Gort: Yeah. Chair Sarnoff And while it's nice to say why didn't they perform, some of us don't have the memory that they were sued for about four years and seeking an injunction so they could not perform for four of those years. I'm not here to give them excuses as to why they have not done what they should have done because I don't think there are enough reasons for excuses for the length of time. The DERM (Department of Environmental Research Management) permits took a City ofMiami Page 133 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 very long time. The lawsuit took a very long time. And that was over us giving them the RFP (Request for Proposals). That lawsuit lasted, I think, three or five years. I don't remember how long. Mr. May: Three. Chair Sarnoff. The point of this thing is you have something that is going to be a brand-new industry in Miami, an industry that the City ofMiami at one time had, the large boat industry. That industry left here in the early '80s, and it went to Director Ganel (phonetic). It went up to Fort Lauderdale. All the mega marinas have moved to Fort Lauderdale and with that went about 14,950 jobs. Okay, not that important to the City ofMiami. After all, it's only 14,900 jobs. What are we going to do with this land? What is our vision for this City if we can't wait the one week and just see if this agreement is an agreement that the City Commission can agree to? Just think about if you bring in 16 mega vessels, do you know what it cost to run one of these vessels? Do you know the number of men it takes to run a vessel; the square footage upkeep it takes? Do you really think they're going to run up to Fort Lauderdale? Or do you think they might run to Merrill Stevens? Do you think they might go up the Miami River to have their hulls reworked, their stabilizers fixed, their electronics upgraded? We are missing a great opportunity here with the idea of running a park. Now, don't get me wrong; a park is a great idea, but it's not going to employ the number of people that we need to employ in Miami -Dade County. Andl can think of no other short-term goal, no other short-term project that will potentially employ more people -- and I'm not talking about the construction of the docks. I'm not talking about the electricians necessary to put the electricity there. And I'm not talking about the plumbing. I'm talking about a base industry of mega yachts coming to Miami. And think about all the things you've built; your brand-new hotels, the ones on Biscayne Boulevard. These guys that own these mega yachts do not like to stay in their yachts. For some reason, they think they need to be on dry land and they will -- you know, their ability to own a number of these condos and whatnot. This really works in the fabric and the footprint of what has been built in this City in the past five years. So I -- you know, I understand everybody's -- andl think it is frustration, andl think it is frustrating dealing with these guys. And you're right, marriages -- you don't want to start out a marriage on this footing, but what's -- turn the page. The next page, what's written there? It isn't $400,000 a year in rent. Nobody's going to pay us that kind of money if you just want to do the sheer economics of it. If you just want to go to the sheer vision of it, what is it? And if you want to go to what Commissioner Suarez says, the sheer litigation of it, no. Nobody would sue the City ofMiami, right? We'll be at this for the next five years. Go ahead, Commissioner. Commissioner Suarez: Mr. Chairman, thank you. I mean, look, you get to a point where enough is enough. I understand that. I think you -- your letter was well written, andl think it was basically what got us to this point, in essence, and it shouldn't be that way, number one. And number two, I feel for the Vice Chairman's -- I feel very badly for the Vice Chairman, that I didn't vote at the time to defer the matter when he asked for it, and he's got a very good point there. Andl -- hadl known now what I know then, I would have changed my vote, I could tell you that right now. But from what I'm understanding from what you're saying, and just from a litigation perspective -- I look at it kind of in a different light. Obviously, we want a mega yacht facility. Obviously, you know, there's a lot of different ideas of how it can be done, and that's a voter -approved project, so there's not much deviation that can legally be allowed. But to forego $200,000 in revenue because we don't want to wait a week -- my suggestion is we pass out the agreement right now. Pass it out so that everyone has a copy of it. Make sure that nothing changes between now and next week. And if they don't approve the same exact copy -- we can have a -- I mean, we can obviously have concerns and objections, but if they don't approve the exact same copy that we're given right now and they don't bring a $200,000 check, you know, then at that point, I think that is the draw -- you know, you do have to draw the line at some point, you know. You do. And you can't be afraid of litigation always either, you know what I mean. At some point you have to say, look, enough is enough. It's -- you know, we're going to litigate it and -- or, if God forbid, they don't make a payment beyond the agreement -- City ofMiami Page 134 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Mr. Migoya: There's a point of clarification, just to make sure you -- 'cause you're not saying -- and I want to make sure you understand it. It's not that we're foregoing the 200, 000. We're asking for the $200,000 now. The $200,000 will not be payable next week unless you approve the project. So just -- what that means is not only bringing it -- foregoing it a week, but then it would only be approved if you -- my statement is that the $200,000 should be -- we're entitled to it because of the -- past due. And by the way, I am not frustrated. I barely negotiated with Brian. And I've never -- and I've only been in this thing for six months. I have seen, like Commissioner Gort said, that this has been going on for ten years. All I'm saying is we need to, you know, put something together. And my -- to me, my entitlement is if you're going to have a contract, you ought to have a good faith payment, and a good faith payment should at least be the past -due rents for the last six months. That's all. Commissioner Suarez: But why don't -- okay. Now I'm playing real estate attorney here. Could he put the money in escrow for a week today and contingent on the agreement being approved? And if the agreement is not approved, then the money's up, at least. Tomorrow, Monday, you know. I mean, I think part of the problem is -- I think part of the hesitation that we all have is on performance or lack thereof you know. And you know, if he doesn't pay beyond -- let's say he -- we take the $200,000, we agree to it, and he doesn't make next month's payment, he's in breach. That's it. It's over. Mr. Migoya: If you're going to do it in escrow, I'd rather wait till next week because there's people out there that are waiting to garnish any money that -- Commissioner Suarez: Okay. Mr. Migoya: -- Flagstone has. And they've already tried it several times with us. Commissioner Suarez: Sure. That makes sense. But I don't know if there's any validity to what Mr. May said. I don't remember word-for-word what happened in the hearing about whether or not they're actually due past rent, technically, you know, legally, or whether there was an extension of time until the agreement was implemented. So that could be a mischaracterization. I don't know. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Thank you. Two or three points. First of all, once again, I have a problem with them using the $200,000 as leverage. In other words, what they're saying is not that they're going to pay us the $200,000 and then negotiate. I mean, I think what Mr. May says that if we agree to their contract, then they will pay us the $200,000, so that's first of all. So in other words, it's not just giving them an additional -- Mr. May: That's always been our agreement. Vice Chair Carollo: -- week. Once we give them the additional week, then we have to agree with them and give them the contract for them to provide us the $200,000. This, by the way, was an issue that I raised at the last meeting towards the end, but using my judgment and knowing that I spoke for over two, two hours, I didn't want to bring too much -- or two and a half hours -- I didn't want to make -- I made an issue of it, butl didn't want to just keep harping on it when I rose andl made that statement because somehow I knew this was going to be just going on and on and on. Andl was concerned of -- in the meantime, where's our money, okay? So I -- and if you look at the tape, you will see that towards the end of the meeting, I said it. Hey, wait a second. In the meantime, where -- you know, are we going to get paid or not? You know, maybe City ofMiami Page 135 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 I should have been a little bit more, you know, affirmative with that. But at the same time, you know, I knew I had spoken for two and a half hours andl didn't want to just, you know, be totally unreasonable with my colleagues, but the bottom line is it's money. It's -- you know, especially in these dire times. Something that the Chairman said that caught my attention and, you know, to a certain degree, I agree with you, but now I have to ask a question of the Administration. Is there anyone else that could build a marina? I mean, is this -- Chair Sarnoff You have to put a new RFP. Vice Chair Carollo: -- something that -- I mean, why couldn't someone else build a marina or -- 2 Mr. Migoya: Well, if you're talking about the marina by itself -- Vice Chair Carollo: Or the project or -- Mr. Migoya: No. If you're talking about the marina, there is a very short supply of marinas in South Florida and there's a lot of boats continuing to be built, so there's a tremendous demand for marinas. We don't have anyone specifically right now. But I will tell you, after the conversation from the Virginia Key Master plan that we looked at, you could -- you, as a Commission, could look at a possibility of the City ofMiami building that marina. We looked at the Virginia Key. That could have given us a net operating profit of $2.3 million a year if you decided to go in that direction. But that would mean that -- Mr. May: Thanks. Mr. Migoya: -- you'd have to borrow the money and do it but at the rate of return of 17 percent, which would be okay. So that -- I'm not saying that we've looked at that, but I'm saying that's something that you could consider it if you wanted to go in that direction, if we didn't have a deal with Flagstone. Vice Chair Carollo: No. I think that sounds good. I think that opens the door. And it seems like, hey, if we were okay with it in Virginia Key in the master plan, why wouldn't we be okay with something like that now --? And once again, this is the most valuable land in the City of Miami. I mean, I just think, you know, if -- we need to move forward. We need to go on. Chair Sarnoff All right, let's call the question. There's been a motion. Vice Chair Carollo: Roll call. Chair Sarnoff There's been a motion and a second, and the Vice Chair has requested roll call so we'll do it by roll call. Ms. Thompson: Roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: No. City ofMiami Page 136 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: Yes. Ms. Thompson: And then Chair Sam off? Chair Sarnoff. No. Ms. Thompson: The motion has failed, 2-3. Commissioner Dunn: Mr. Chair. Chair Sarnoff. Yes, sir. Commissioner Dunn: I'd like to make a motion that we extend it to the September 23 meeting, do or die, fish or cut bait; no if, ands, and butts. Yes. Commissioner Suarez: Mr. Chairman, can I just jump in real quick? I think we should enter into the record -- in your motion I think you should enter into the record right now what the agreement is that is supposedly agreed to, with the exception of the $200,000 check, and we should enter it into the record right now. And then if it's not agreed to exactly as -is with a $200,000 check next week, then we can go forward. Chair Sarnoff. Will you make an exhibit to this Commission meeting? Mr. Migoya: We have the documentation and we can -- well, the way this is going, we can probably have the documentation to you before the meeting is over, but certainly today. But the only thing I would like to have as part of your motion, ifI may, is to let us know what you mean by the $200,000. Is it -- Commissioner Gort: Yeah. Mr. Migoya: -- before or after approval? Commissioner Gort: No, no. Chair Sarnoff. Can somebody -- can I make a -- can somebody tell us with some definitive purpose whether we waived or somehow there was no rental obligation at the Commission meeting 'cause I want to verify that statement? Commissioner Gort: Was the motion second? Chair Sarnoff. No, the motion wasn't seconded yet. Ms. Thompson: No. Commissioner Suarez: I second the motion. Chair Sarnoff. Now you have a second. Robin Jones Jackson: Commissioners, Robin Jackson, assistant City Attorney. It was not waived. It was deferred, okay, so they always had the obligation to pay it. Chair Sarnoff. What does -- City ofMiami Page 137 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Jackson: All right. Chair Sarnoff. -- deferred mean? Ms. Jackson: Deferred meant that they were supposed to come back at the April 22 meeting to the City Commission. However, that, as you know, did not occur and the -- then it continued. So that was -- on March 25, Brian, it said we were coming back. Mr. May: I don't -- I do not disagree with that, but I will -- Ms. Jackson: Thank you. Mr. May: -- I want to make one thing perfectly clear for the record. It wasn't until August 16, 2010, in a meeting with the Manager and staff that I was presented with the notion that we were going to be asked to pay what was due -- past -due, okay, from February forward; that we were going to be asked to pay those monies prior to the Commission approving the final documents. It was always understood between us and those negotiating on behalf of the City that we were to pay those monies at -- upon the City approving the final documents. In fact, through -- up until August 16, the understanding was that we were going to pay them upon the state waiver actually being resolved, which is 45 to 70 days -- 75 days after the Commission approved the document. So the fact that we are willing to come to the Commission meeting with a $200,000 cashier's check in the City's name on the 23rd is another example of our good faith, frankly, to be willing to pay those monies due upon the City moving. Because let us not forget, if the state waiver issue does not get worked out, the City has the ability to walk away from the deal at the end of 45 days or at the end of 75 days, so -- I mean, don't -- we're taking risks just paying you on the 23rd, and that's being lost here. So I just want to make that clear for the record. Chair Sarnoff. All right. Mr. May: Thank you. Chair Sarnoff. So we have a motion. We have a second. Ms. Bru: Mr. Chair, could you restate the motion again? I just want to make sure -- Vice Chair Carollo: Yeah. Ms. Bru: -- I thought I heard something -- Commissioner Dunn: Yeah. Ms. Bru: -- that might need to address. Commissioner Dunn: Okay. Chair Sarnoff. Well, can I have Commissioner Suarez state the motion. Commissioner Dunn: That's no problem. Go ahead. Commissioner Suarez: I think the motion is we're going to include the agreement, which has been made and supposedly agreed to into the record today, and if -- the motion is to vote on the 23rd whether or not we're going to approve that agreement and that that company has to bring a cashier's check for $200,000 and must submit it at the time of approval of the agreement. Vice Chair Carollo: At the time of approval. City ofMiami Page 138 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Commissioner Gort: Before the approval. Commissioner Suarez: Yes. Chair Sarnofff. At the time of the approval. Commissioner Suarez: At the time of the approval. Vice Chair Carollo: What if there is no approval? Commissioner Suarez: Then there -- then we're in litigation. Vice Chair Carollo: And we don't have our $200,000, which is my point. Commissioner Suarez: And we're in litigation, so then we're litigating, so -- Ms. Bru: We don't have to assume. We don't have to assume litigation. I mean -- Commissioner Suarez: Well, I -- we don't have to assume anything. Ms. Bru: Right. Commissioner Suarez: But we're not going to have $200,000, so -- Ms. Bru: Well, that -- but that was not what the Manager recommended. Commissioner Gort: Two hundred thousand dollars before -- Ms. Bru: I just wanted to clarify that. Commissioner Gort: -- it gets approved. That's money owed to the City. Commissioner Suarez: And then I said let's put it in escrow and then you said, well, it's not a good idea to put it in escrow; you'd rather have it on the 23rd. So we might as well just do it on the 23rd Commissioner Gort: Yeah, but before approved. Mr. May: No, not before approved. Vice Chair Carollo: Before approved. So in other words, once again -- I mean, we're going for the carrot. And once again, I mean, in all fairness, they're using monies that we -- Mr. May: That's not true. Vice Chair Carollo: -- feel is owed to us as leverage. Mr. May: That is not true. Vice Chair Carollo: Why do we continue to let them do this? Mr. May: Absolutely not true. When we pay that $200,000 -- I'm sorry, Mr. Chairman. Commissioner Dunn: Mr. Chair. City ofMiami Page 139 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Chair Sarnoff. You know, I don't see that there's worth much more debate here. Either we make a -- Commissioner Dunn: Yeah. Chair Sarnoff. -- decision to -- Commissioner Suarez: Well, I don't think it really makes a difference. Commissioner Dunn: Well -- Commissioner Suarez: -- to be honest with you. Commissioner Dunn: Mr. Chair, I do need -- ifI may? Chair Sarnoff. Go ahead. Commissioner Dunn: At this point we don't have $200,000. It's clear to me that we're not going to get it unless we reach an approval, so I don't -- nothing gained, nothing lost, but at least there is a small window of opportunity in seven days to try to make this work. One of the things, very quickly -- I'm not a chief negotiator like our Manager, but I believe that we're not -- I believe that we're not, based on what I've heard today, miles apart of an agreement. It has been a long time. I cannot give the appreciation of my colleague, Commissioner Gort, or the Mayor, in the time that's been spent in this process, but I think with this close -- and at least I'll be strong and convinced unequivocally that if it doesn't work, then I'm -- it doesn't work. Then I can walk away -- we can walk away knowing that we did our best. That's my little input. Chair Sarnoff. Madam City Attorney. Ms. Bru: I just want to put on the record so that there's no confusion that what we have is an agreement that has been negotiated by the Manager on your behalf and this developer. It isn't an agreement until this Commission legislatively determines that it wants to review that doc -- once you review the document and once you approve it and you vote on it, then it is an agreement of the parties. So at this point what we have is something that is being recommended for your consideration. Commissioner Suarez: And my only point is that that document not change between today and next week; that that document, in its entirety, whatever that is, whatever you want to call it legally -- it's titled agreement, but whatever you want to call it -- that that document is entered into the record today -- Ms. Bru: Correct. And it doesn't change -- Commissioner Suarez: -- should be contemporaneous with what we're doing right now, but -- Ms. Bru: -- and it will not change, but it -- you will always have the discretion as the legislative body who has the -- Commissioner Suarez: Of course. Ms. Bru: -- ultimate -- Commissioner Gort: Yes. City ofMiami Page 140 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Bru: -- to make whatever modifications -- Commissioner Suarez: Of course. Ms. Bru: -- you deem necessary. Commissioner Suarez: Of course, of course. Chair Sarnoff He's merely trying to freeze time. He's merely trying to freeze the agreement as it states right now as recommended by the Manager so that he then can review the document and say well, I don't like paragraph 4, Section 3, Subsection 2. I think it should be whatever. And that's what we do up here. Mr. Migoya: Just one thing. We have the agreement and we have all the copies. There's one thing that has not been changed, which is what Brian stated. I want to make sure you all understand. What we've agreed to do -- and we will -- we can give you a separate sheet that -- to incorporate into that agreement, which is to -- from the date approval of the Commission, assuming that's next week, they will have 120 days to cure any of those judgments and liens, and if -- and whichever ones they don't have by that point in time, they would have to provide cash in whatever form, whether it's escrows with the courts or whatever else is necessary, to make sure that there's money out there in cash but to cure whatever liens and judgments are left after that time. Is that correct, Brian? Commissioner Suarez: And in the event they violate that, they would be in violation of the agreement. Mr. Migoya: That's correct. Mr. May: Correct. Chair Sarnoff Okay. All right, anybody need any further clarifications, Madam Clerk, Madam City Attorney? No. All right, so we have a motion. Vice Chair Carollo: Mr. Chairman, I'm sorry. Just before I vote, I need to know what the motion is. I'm still not clear what the motion is. Chair Sarnoff All right. I -- if I had a court reporter, I'd have them do it, but I'm going to have Commissioner Suarez state it again. Vice Chair Carollo: Thank you. Commissioner Suarez: By the way, I don't know; Commissioner Dunn did a pretty good job last time. I -- Commissioner Dunn: No. I'm -- you're the lawyer. Commissioner Suarez: Okay. I think the motion is -- the motion is -- let me not say I think the motion is -- and I'm characterizing Commissioner Dunn's motion 'cause it's not --I seconded the motion -- that the agreement which has been agreed to in principle by the City Manager and this party, which has a final version -- to not use the word agreement -- of which there's a final version; that that final version be placed in the record right now, preserving that final version; that in one week's time we will vote on that final version, yea or nay; and that at that vote -- if we vote in favor of that final version, contemporaneous with that vote, the developer will tender a $200,000 cashier's check at that moment. City ofMiami Page 141 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 NA.2 10-01128 Chair Sarnoff Everybody clear? Commissioner Dunn: Yes. Chair Sarnoff All right. All in favor, please say aye." Commissioner Suarez: Aye. Commissioner Dunn: Aye. Chair Sarnoff Aye. Vice Chair Carollo: No. Chair Sarnoff How many registered nos? Ms. Thompson: I have -- Commissioner Gort: Two. Ms. Thompson: -- one registered no with Vice -- Commissioner Gort: Two. Ms. Thompson: Oh, I'm sorry, two. Chair Sarnoff Two registered nos. Ms. Thompson: Thank you. Chair Sarnoff Okay. [Later..] Mr. Migoya: Sorry. Vice Chair Carollo: Mr. City Manager. Mr. Migoya: Sorry. I forgot. I thought you already voted on the item. I apologize. I was just giving you an update that you'll have the documentation before 6 o'clock on Flagstone. Vice Chair Carollo: Thank you for that update. Anything further from this Commission before we adjourn? No? Madam City Clerk. Ms. Thompson: Yes, sir. Vice Chair Carollo: I know in the past there's been a mover and a second in order to adjourn. But it's my understanding that under Mason's Rule, you do not need that, right? Ms. Thompson: No, you don't, sir. Vice Chair Carollo: That's what I thought. Meeting adjourned. RESOLUTION City ofMiami Page 142 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 District 1- A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING AND Commissioner PERMITTING THE RESTRICTION OF VEHICULAR AND PEDESTRIAN Wifredo (Willy) Gort ACCESS TO A PORTION OF NORTHWEST 15TH AVENUE LOCATED APPROXIMATELY 140 FEET SOUTH OF ITS INTERSECTION WITH NORTHWEST 24TH STREET, MIAMI, FLORIDA, IN ACCORDANCE WITH ALL APPLICABLE LAWS; SUBJECT TO CERTAIN CONDITIONS AS MORE PARTICULARLY SET FORTH HEREIN. 10-01128-Legislation. pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-1 0-0400 Vice Chair Carollo: Are there any pocket items? Commissioner Gort: Yes. Vice Chair Carollo: Commissioner Gort, you're recognized for your pocket item. Commissioner Gort: I have a couple of them. One of them is the -- it's just passed to you all. You received a copy. Which is a resolution of the Miami City Commission authorizing and permitting the restriction of vehicular and pedestrian access to a portion of Northwest 15th Avenue, located approximately 140 feet south of the intersection with Northwest 24th Street, Miami, Florida; subject to certain conditions and more particularly setting [sic] for [sic] in [sic]. This is the neighborhood that is right next to the farmer's market that we have there. We have one that -- one where there's a dead end, but unfortunately, we had a lot of the traffic -- pedestrian traffic going by with bike and so on that they're causing problems within that area, so we want to prohibit that in there. It's a dead-end street. Commissioner Suarez: So moved. Vice Chair Carollo: Okay, there's a motion by Commissioner Gort, seconded by Commissioner Suarez. Madam City Attorney. Julie O. Bru (City Attorney): Yes. Commissioner, we're just going to suggest that the resolution also reflect that this will be done in accordance with all applicable laws, okay? Commissioner Gort: Right. Ms. Bru: In the event that -- Commissioner Gort: Always. Ms. Bru: -- there's some technical requirement. Commissioner Gort: Okay. Always. I have a second item. Vice Chair Carollo: Commissioner, hold on. We need to vote one at a time. Commissioner Gort: Yeah, okay. Vice Chair Carollo: Any further discussion on Commissioner Gort's first pocket item? Hearing City ofMiami Page 143 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 NA.3 10-01137 none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE THEFT OF COPPER FROM STREET LIGHTS AND ITS IMPACT UPON PUBLIC SAFETY. DISCUSSED Direction by Commissioner Gort to the City Attorney to research the options available to the City when it comes to restricting or stopping recyclers from buying copper to reduce the amount of theft associated with the metal. Vice Chair Carollo: Commissioner Gort, you're recognized for your second pocket item. Commissioner Gort: I received a lot of complaint from the people in my district with -- Northwest 27th Avenue and 12th Avenue; the lights have gone out completely. It's pretty dark, and it becomes very dangerous in that area. And unfortunate, the lights are not kept by the City ofMiami. They're kept by the County. When we called the County Public Works, they told us they couldn't do anything because people stealing the copper wiring. And so what I'd like to see, if possible, instruct the City Attorney and see if there's a way that we can somehow restrict or stop the recycling company from buying this copper. I mean, this is something that have to be approved by the County and it should be approved by the City; 'cause if they don't have a buyer, they're not going to steal it. Vice Chair Carollo: Understood. Madam City Attorney, can I -- can you address the concern with Mr. Gort -- Commissioner Gort? I'm sorry. Julie O. Bru (City Attorney): We're going to research, Commissioner, to see whether or not -- I thought that at one point we had -- I had discussed it with my police legal advisor, and there may be some state law that enables us to do so. But we will work with you and your office to make sure that if there's something that we can do by legislation -- Commissioner Gort: Thank you. Ms. Bru: -- we'll bring it to you. Commissioner Gort: And also I'd like to pass it on to the County because a lot of these businesses, they're in the County. Ms. Bru: All right. Commissioner Gort: Thank you. Vice Chair Carollo: Madam City Attorney, we don't need a vote for this, correct? You -- Ms. Bru: No. It's a direction. Vice Chair Carollo: Correct. City ofMiami Page 144 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 NA.4 10-01124 Office of the City Attorney Commissioner Gort: It's a direction. Vice Chair Carollo: Perfect. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE EXPENDITURE OF ATTORNEYS FEES AND COSTS, IN AN AMOUNT APPROVED BY THE CITY ATTORNEY, FOR THE ENGAGEMENT OF ALLEN, NORTON AND BLUE, FOR SPECIAL LITIGATION SERVICES FOR JUDICIAL AND ADMINISTRATIVE MATTERS ARISING OUT OF THE COLLECTIVE BARGAINING PROCESS; ALLOCATING FUNDS FROM ACCOUNT NO. 00001.131000.531010.0000.00000; REQUIRING THE CITY ATTORNEY TO REPORT TO THE CITY COMMISSION ON A QUARTERLY BASIS THE AMOUNT OF FEES AND COSTS INCURRED TO DATE. 10-01124-Legislation. pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Carollo, Suarez and Dunn II Absent: 1 - Commissioner(s) Sarnoff R-10-0401 Vice Chair Carollo: Anyone else has a pocket item? Carlos A. Migoya (City Manager): Go ahead. Vice Chair Carollo: Madam City Attorney. Julie O. Bru (City Attorney): I have a pocket item. This would be a resolution of the Miami City Commission authorizing expenditure of attorney's fees and costs, in an amount to be approved by the City Attorney, for the engagement of Allen, Norton and Blue, for special litigation services, both judicial and administrative, for any matters arising out of the collective bargaining process employed in 2010. And this is, of course, as a result of the financial urgency. We may be facing some either administrative or judicial matters, andl would like to have the ability to utilize the team that we've been working with in connection with that. This is not saying that we're going to rely on them solely for litigation. I will continue to try to do as much in-house as I can, but I'd like to be able to have the flexibility to use them if the matter is of such complexity and specialization that it would benefit the City to utilize them. Vice Chair Carollo: Thank you, Madam City Attorney. Members of the Commission, is there a motion? Commissioner Suarez: I move the item for discussion. Commissioner Dunn: Second. Vice Chair Carollo: Commissioner Suarez has moved the item and it's seconded by Commissioner Dunn. For discussion, Commissioner Suarez, you're recognized: Commissioner Suarez: Thank you, Mr. Chairman. Madam City Attorney, I just have a couple of questions. One is what you're asking for at the same rate at what you've already asked for from this particular firm? In other words, none of the deal parameters have changed? City ofMiami Page 145 Printed on 10/13/2010 City Commission Meeting Minutes September 16, 2010 Ms. Bru: No. The parameters will not change. And you should know that we already -- I already have authorization from this Commission to utilize the firm in connection with any Gates litigation, but because the whole concept might be expanded because of the financial urgency, I just wanted to make sure that I did this with your authorization. Commissioner Suarez: The other question I have is is this part of what's been budgeted for next year's outside legal counsel fees? Ms. Bru: It's included in that two million, yes. Commissioner Suarez: My third question is, could you periodically update us at certain benchmarks, whether it be 50,000, 100,000 because I want to make sure that we're not getting into any kind of runaway litigation expenses? Andl think, you know, it's important for us to know on a regular basis where our litigation expenses are. Ms. Bru: Certainly, Commissioner. I will do that on a monthly basis. Commissioner Suarez: Thank you. Vice Chair Carollo: Any further discussion? Carlos A. Migoya (City Manager): Mr. Chair, a point of discussion. Vice Chair Carollo: Mr. Manager, you're recognized. Mr. Migoya: Not really a discussion, but more -- it's -- letting you know that before 6 o'clock today, you'll have the entire agreement with the amendments and the resolution for placing Watson Island -- Vice Chair Carollo: Thank you. Can -- Mr. Migoya: -- Flagstone. Vice Chair Carollo: -- we move on this item, though, and -- can we move on the item with the City Attorney and then come back to Watson Island? Thank you. Staying on the item, any further discussion on the item with -- regarding the attorneys? No. Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. ADJOURNMENT The meeting was adjourned at 5:22 p.m. City ofMiami Page 146 Printed on 10/13/2010