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HomeMy WebLinkAboutCC 2010-09-27 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Di • -sash. I° r • IN O9P I9 1i: Meeting Minutes Monday, September 27, 2010 4:00 PM SPECIAL MEETING City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes September 27, 2010 4: 00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 27th day of September 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in special session. The meeting was called to order by Chair Sarnoff at 4: 53 p.m., and adjourned at 6: 33 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. (INAUDIBLE) meeting of the City Commission that has been called to consider and take actions, as it deems to be in the public interest, concerning the amendments to the City code that will impact the City of Miami's fiscal year 2010 and 2011 budget. Madam City Attorney, do you wish to elaborate on that? Julie O. Bru (City Attorney): No. That is the call of the meeting. Chair Sarnofff. All right. Mr. Manager, you will walk us through this meeting as to how you wish to conduct it? Carlos A. Migoya (City Manager): Sir, be happy to. We can just go right in order, as far as we're concerned. ORDER OF THE DAY ORDINANCES - SECOND READING SP.1 ORDINANCE Second Reading 10-00990 Department of Solid AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Waste 22 OF THE CODE OF THE CITY OF MIAMI, FLORIDA ("CITY CODE"), ENTITLED "GARBAGE AND OTHER SOLID WASTE," MORE PARTICULARLY AMENDING SECTIONS 22-1, 22-2, 22-6, 22-12, 22-14, 22-25, 22-46, 22-47, 22-48, 22-49, 22-50, 22-53, 22-56, 22-57 AND 22-93; CREATING SECTIONS 22-19, 22-20, AND 22-21, REQUIRING RECYCLING PROGRAMS FOR MULTI -FAMILY AND COMMERCIAL ESTABLISHMENTS ANDALLOWING MODIFIED RECYCLING PROGRAMS; FURTHER AMENDING CHAPTER 2/ARTICLE X/SECTION 2-829 OF THE CITY CODE, ENTITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES," TO INCLUDE CIVIL PENALTIES CORRESPONDING TO VIOLATIONS OF SECTIONS 22-19 AND 22-20, AS CREATED HEREIN; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. City ofMiami Page 2 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 10-00990 SUMMARY FORM.pdf 10-00990 EDUCATIONAL TRUST FUND.pdf 10-00990APPLICATIONS BY SOLID WASTE EMPLOYEES.pdf 10-00990 LEGISLATION. pdf 10-00990 SR Summary Form.pdf 10-00990 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez 13194 Chair Sarnoff. All right. We will start then with SP.1. Keith Carswell: Mr. Chair, Commissioners, good afternoon. Keith Carswell, assistant director, Department of Solid Waste. SP.1 are proposed amendments to provide clarity with respect to regulation of commercial waste collection, institute a safety inspection program, and comply with enforcement ofMiami-Dade County's Mandatory Commercial and Multifamily Recycling program. Chair Sarnoff. All right. Do I have a motion on SP.1 ? Commissioner Dunn: Move it. Chair Sarnoff. Motion by Commissioner Dunn -- Vice Chair Carollo: Second for discussion. Chair Sarnoff. -- second by Commissioner Carollo. This is a public hearing, am I right, Madam Clerk? Let me open it up to the general public. Anybody wishing to be heard on SP.1, please step up. Hearing none, seeing none, coming back to the Commission. The Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. If you all remember correctly, this is an ordinance that we're going to pass now or I would assume we're going to pass. It's regarding a County ordinance which I believe, going on my notes, is 11837, where multifamily residential establishments need to have a recycling program. One of the issues that raised was as far as some type of education program. The answer was Channel 77, which I believe does reach a lot of our residents. However, I'm still somewhat skeptical that most of our residents will be notified or the owners of these multifamily residential units will be notified prior to us implementing this and actually going out and fining. One of the things that was mentioned -- I forgot who was the one who mentioned it; if it was on the dais or outside the dais -- was that Team Metro, the County has actually come with -- inside City limits and fined units for violation of this. Mr. Carswell: There were about -- Mr. Chair. Chair Sarnoff. You're recognized. Mr. Carswell: -- over 60 cases that Miami -Dade County had cited within the City ofMiami. They didn't actually enforce them, but they did cite the cases. And the implication was that either you enforce it or we'll come in and enforce it. Vice Chair Carollo: So at the present time, it's all been warnings, correct? City ofMiami Page 3 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Mr. Carswell: Correct. And the County -- this ordinance was adopted sometime ago -- well, the County's ordinance was adopted sometime ago and they allowed a grace period for implementation. They've reached out to all the municipalities, since this is an imposition on not just the County or unincorporated areas, but also all the municipalities within the County. So they've gone out to the counties, the different municipalities, they've cited cases, and they've approached -- and they've requested either an interlocal agreement or they've advised the municipalities that either the municipalities will enforce it or the County would enforce it. Vice Chair Carollo: But as of right now, all citations by the County has been warnings or have they [sic] been any penalties? Mr. Carswell: No penalties. They've been warnings to the best of my knowledge. Vice Chair Carollo: And that's where I want to make sure of the aggressive education campaign out there before we implement this. Andl think the fiscal impact of this is about $150,000? Mr. Carswell: Well, that included a minimum for the safety inspection fee. I could tell you now, we have close to 300 vehicles that are teed up for that so we'll exceed the 100, 000, and the 50 was a best -guess estimate for compliance with the commercial recycling component. Vice Chair Carollo: Okay. Andl understand that eventually we're going to have to do this because it's a County ordinance. However, once again, I'm just skeptical when passing this, and you know, all these owners of multifamily residential units getting fined and not being educated, and you know, that's the issue I have with this. Mr. Carswell: At your -- at the last meeting -- Vice Chair Carollo: Right, I addressed it. Mr. Carswell: -- we did take it under advisement that we would take do a 90-day moratorium. We would not only work with Channel 77, but we would also get the word out through the NET (Neighborhood Enhancement Team) offices as well. And they've been our partners in a lot of our other issues in terms of solid waste, so -- Commissioner Gort: Mr. Chairman. Mr. Carswell: -- we have a good partnership with them and we feel comfortable with that. Chair Sarnoff Commissioner Gort's recognized for the record. Commissioner Gort: My understanding, there's something that we talked about, especially within (UNINTET,TIGIBT,F) districts within the City ofMiami. They're aware of the program, and I'm sure they're being implemented right now. But like my District 1, I'm sure there's a lot of individuals that are not familiar with it. Now my understanding, correct me if I'm wrong, any apartment buildings that need a special permit, did they apply for the City? Mr. Carswell: Typically for -- ifI may? Commissioner Gort: Which -- yes. Mr. Carswell: The imposition or the re --commercial hauling, by definition, that includes, in terms of multifamily, four or more units, so four or more units are typically serviced by our franchisees. So there is no moratorium -- no exemption in terms of multifamily properties or commercial properties from the mandatory recycling program. City ofMiami Page 4 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 SP.2 Commissioner Gort: Yeah. But (UNINTELLIGIBLE) gone to educational program. I think those individuals who send letters to their clients informing them of the ordinance that has taken place and they have 90 days to implement with, but I'm sure that's part of it. And the -- we should have the -- our -- Mr. Carswell: We'll take -- Commissioner Gort: -- press releases going to the different media to make sure that the people know what's taking place. Mr. Carswell: That's a very good point, Commissioner. In fact, last Friday we had an orientation with the commercial haulers. We had their e-mail (electronic) list. They're aware of the mandatory program, and we would advise them or requested them to advise their clients, who are our customers as well, to get the word out about the program. Commissioner Gort: Thank you. Chair Sarnoff. All right. We have a motion. We have a second. Any further discussion, gentlemen? Hearing no further discussion, Madam City Attorney, it is an ordinance. Julie O. Bru (City Attorney): There was a public hearing, right? Chair Sarnoff. I believe I opened and closed it. Didl not? Priscilla A. Thompson (City Clerk): Correct, correct. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Ms. Thompson: Your roll call. Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been adopted on second reading, 3-2. Mr. Carswell: Thank you. ORDINANCE Second Reading City ofMiami Page 5 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 10-01002 Department of Public Works AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ADMINISTRATION/DEPARTMENTS/PUBLIC WORKS DEPARTMENT;" CHAPTER 22.5/ARTICLE VI, ENTITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL; CHAPTER 29 ENTITLED "LANDFILLS AND WATERFRONT IMPROVEMENTS;" AND CHAPTER 54 ENTITLED "STREETS AND SIDEWALKS", IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION PREVENTION PLANS, WATERFRONT IMPROVEMENTS AND RIGHT-OF-WAY PERMITS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01002 SUMMARY FORM.pdf 10-01002 Legislation.pdf 10-01002-Submittal-Right-of-Way Permit Fees and Proposed Changes.pdf 10-01002 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez 13195 Chair Sarnoff All right, SP. 2. Nzeribe Ihekwaba: Good afternoon. Zerry Ihekwaba, Public Works director. SP. 2 is an ordinance amending Chapter 2/Article IV, Division 4 of the City Code, entitled Public Works Department; Chapter 22.5/Article VI, entitled Green Initiative/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Improvements; Chapter 29, entitled Landfills and Waterfront Improvements; and Chapter 54, entitled Streets and Sidewalks, in order to increase certain fees related to the processing and recordation of plats, stormwater pollution prevention plans, waterfront improvements, and right-of-way permits. Chair Sarnoff All right. Mr. Ihekwaba: Any questions? Chair Sarnoff I understand. Let me open up a public hearing. Anybody wishing to be heard on SP. 2, please step up. Hearing none, seeing none, the public hearing is now closed. Do we have a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second for discussion. Chair Sarnoff Second by Commissioner Gort. He's recognized for the record. Commissioner Gort: Now my understanding, the present fees that you have at this time, they're not sufficient to be able to pay the services that are being provided? City ofMiami Page 6 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Mr. Ihekwaba: That's correct. Commissioner Gort: My understanding, the statement you made during the first hearing, there was the -- this is in com -- more or less, in compliance with the rest of the cities and the County. Mr. Ihekwaba: This is just to actually capture the actual cost of City providing these services. Currently, the City fees are way below the rest of the municipalities and the County, including the County fees as well. Commissioner Gort: Okay. Chair Sarnoff. Any other Commissioners have any comments or considerations? All right, hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Chair Sarnoff. All right. Madam City Attorney -- Madam City Clerk. I apologize. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been adopted on second reading, 3-2. SP.3 ORDINANCE Second Reading 10-01003 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue III, ARTICLE 3, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALARM SYSTEMS/FIRE ALARMS", MORE PARTICULARLY BY AMENDING THE FEES ASSOCIATED WITH VIOLATIONS OF SAID CODE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01003 SUMMARY FORM.pdf 10-01003 LEGISLATION.pdf 10-01003 SR Legislation.pdf City ofMiami Page 7 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 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 13196 Chair Sarnoff SP. 3. Maurice Kemp (Fire Chief): Good evening. Chair Sarnoff You're recognized for the record, Chief. Chief Kemp: Maurice Kemp, Fire chief. SP.3 is an ordinance of the Miami City Commission amending Chapter 3/Article III of the Code of City ofMiami, Florida, as amended, entitled Alarm Systems/Fire Alarms; more particularly by amending the fees associated with the violations of said Code. Chair Sarnoff All right. Let me open up a public hearing. Does anyone from the public wishing to be heard on SP.3, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn -- Vice Chair Carollo: Second. Chair Sarnoff -- second by the Vice Chair. Who wishes to be recognized? All right. Vice Chair Carollo: Call the question. Chair Sarnoff Call the question. Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chief Kemp: Thank you. SP.4 ORDINANCE Second Reading 10-01004 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Facilities 53/ARTICLE II, DIVISION II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STADIUMS AND CONVENTION CENTERS/CITY STADIUMS/MARINE STADIUM", IN ORDER TO INCREASE FEES RELATED TO THE USE OF THE PARKING LOT AND ESTABLISH A PROCESS FOR WAIVING SUCH FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City ofMiami Page 8 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 10-01004 SUMMARY FORM.pdf 10-01004 Legislation.pdf 10-01004 SR 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 13197 Chair Sarnoff SP. 4. Madeline Valdes (Director): Good afternoon. Madeline Valdes, Department of Public Facilities. This is an ordinance amending Chapter 53/Article II, Division 2 of the Code, entitled Stadiums and Convention Center, in order to increase the fees for the use of said parking lot to $2, 000 and establishing a process for waiving such fees as required. Chair Sarnoff All right. Let me open up a public hearing. Is anyone from the general public wishing to be heard on SP.4, please step up. Commissioner Gort: You look good in this picture. How old is this picture, Mariano? Mariano Cruz: We're looking for the green, okay. We're looking for the green here. Mariano Cruz, 1227 Northwest 26th Street. I'm a City taxpayer, fee payer, fine payer, whatever you call it, but paid, okay. And now on this thing of the fee, parking. You got to remember that this year we lost a lot of money in the parking in Virginia Beach and Marine Stadium with a tournament, with a tennis tournament. We gave that money to the County, $5, $10, the VIP (Very Important Person) section, the whole thing. I know because there are people there that inform me of what's going on. That's money that we lose because the former Manager was before the County employees or the, you know, deal -- they didn't go through the Commission. And now this that you got here is a nonresident permit that got -- for the City of Hialeah 20-some years ago when my children were going to school in Hialeah because the City parks ofMiami cannot programs so I have to go to Hialeah, pay a nonresident permit, $100 a year, that give me -- because we have (UNINTET,T IGIBLE) and here come -- like at Douglas Park, I've been there. We got -- all the people from Coral Gables, they come and use the park and programs and the whole thing. And Coral Gables don't want parks because they don't want the raff to go to their place there. They don't have any parks there. Andl know the building there because I deliver the mail in South Dixie Highway, between Douglas and LeJeune Road, all those surround places there. They don't want the people there to go to Coral Gables, so they got nice places, sure. (UNINTELLIGIBLE) place or the private and golf clubs or anything. But Miami should charge or fine now -- like -- at the water park, you are nonresident, you have to pay more for the use. Now that we're going to have the museums and all that, the people ofMiami should be paying less money because we are subsidizing those museums at the tune of millions of dollars for years to come. We pay less money at the Children [sic] Museum, right. We pay less money there. But we can get money, nonresident permits. Ask the people. Why should -- like I was paying less money -- Chair Sarnoff Thank you. Mr. Cruz: -- right. But remember, I was -- Chair Sarnoff Thank you. Mr. Cruz: -- paying more money to Hialeah than I was paying my ad valorem taxes -- Chair Sarnoff Thank you. City ofMiami Page 9 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Mr. Cruz: -- because there was no solid waste fee at the time. Chair Sarnoff Thank you. Thank you. Mr. Cruz: So look for the green. Chair Sarnoff Thank you. All right, anyone else from the general public wishing to be heard on SP.4? Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Commissioner Gort: So moved. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Sarnoff SP. 5. Ms. Valdes: Thank you. Chair Sarnoff Thank you. SP.5 ORDINANCE Second Reading 10-01005 Department of Police AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 35 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "MOTOR VEHICLES AND TRAFFIC," MORE PARTICULARLY BY CREATING ARTICLE XI, ENTITLED "COMMERCIAL VEHICLE WEIGHT RESTRICTIONS," TO PROVIDE FOR REGULATIONS ON WHEEL AND AXLE LOADS AND VEHICLE WEIGHTS TO PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE UPON THE CITY'S ROADWAYS AND TO PROVIDE DEFINITIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01005 FR/SR Summary Form.pdf 10-01005 FR/SR Legislation.pdf Motion by Vice Chairman Carollo, 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 13198 City ofMiami Page 10 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Steven Caceres: Good afternoon, Commissioners. Major Steven Caceres. SP.5 is an ordinance of the City ofMiami Commission amending Chapter 35 of the Code of the City ofMiami, Florida, as amended, entitled Motor Vehicles and Traffic; more particularly by creating article entitled Commercial Vehicle Weight Restriction, to provide regulations on wheel, axle loads, and vehicle weights to protect the public health, safety, and general welfare upon the City roadways and to provide definition; containing a repealer provision and clause; providing an immediate effective date. Chair Sarnoff. All right. Mr. Caceres: Second reading. Chair Sarnoff Let me open up a public hearing. Is anybody from the general public wishing to be heard on SP.5, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Dunn: So move. Vice Chair Carollo: So move. Commissioner Dunn: Second. Chair Sarnoff. Motion by the Vice Chair, second by Commissioner Dunn. Any discussion, gentlemen? Commissioner Gort: Mr. Chairman. Chair Sarnoff. Commissioner Gort's recognized for the record. Commissioner Gort: I want to make sure we explain why we're doing this 'cause in two items before us, there was voting an ordinance that if we did not enforce it ourself it was going to be enforced by the County, which could have been worse. Explain the reason why we're doing this. Because my understanding is, when you come in front of us at first hearing, it was because if we don't -- do not implement this, the State is the one that's been implementing this. Mr. Caceres: Correct. This is in addition to what the State does. This is to provide additional service to the community for us to enforce any type of restriction -- commercial vehicle restriction violation. As you know, we mentioned before, our roadways are being damaged; sometimes it's because of overweight vehicle or cement trucks pouring cement out, not shutting the valve and that costs the City taxpayers money because now we have to go out there and fix the streets. This is a way of us being able to enforce this regulation, which is enforced by the Department of Transportation. And they're also out there, you know, providing fines and providing protection for the citizens. This is an added addition to that so we can provide additional service to our community and protect our community. Commissioner Gort: Thank you. Chair Sarnoff. All right. Anyone else wishing to be heard on SP.5? Hearing none, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. City ofMiami Page 11 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. SP.6 ORDINANCE Second Reading 10-01009 Department of Zoning AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2/ARTICLE IV/DIVISION 2, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "ADMINISTRATION/DEPARTMENTS/PLANNING, BUILDING AND ZONING DEPARTMENT" AND AMENDING CHAPTER 62/ARTICLE VI, OF THE CITY CODE ENTITLED "ZONING AND PLANNING/ZONING AND PLANNING FEES", MORE PARTICULARLY TO ADJUST PLANNING AND ZONING FEES FOR ACTIVITIES PERFORMED BY THE CITY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01009 SUMMARY FORM.pdf 10-01009 LEGISLATION.pdf 10-01009-Submittal-Office of Zoning Fee Increases.pdf 10-01009 SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED FAILED by the following vote. Votes: Ayes: 2 - Commissioner(s) Sarnoff and Dunn II Noes: 3 - Commissioner(s) Gort, Carollo and Suarez Chair Sarnoff SP. 6. Barnaby Min (Administrator): Good evening. Barnaby Min, on behalf of the Department of Zoning. SP.6 is an amendment to Chapters 2 and 62 of the City Code to raise fees charged by the Office of Zoning and Department of Planning in an attempt to cover the costs that the City incurs in processing the various plans and permits. Chair Sarnoff All right. Let me open up a public hearing. Anybody wishing to be heard on SP.6, please step up. You're recognized for the record, sir. Don Deresz: My name is Don Deresz, 1852 Southwest 24th Street. Commissioners, good evening -- good afternoon. About five years ago, the permit fees, the annual permit fees for outdoor advertising billboards, I thinkl was told was about $100. And at that time, there was a member of the industry who said that the billboards generated an income of $10, 000 per month. So what I'm asking is what is the current permit fee of billboards, outdoor advertising signs? Why are permit numbers no longer displayed on many billboards to assure that they are legal? Have the fees and fines for illegal and oversized billboards been subsequently increased so that the City that pollutes the visual landscape of our community can at least help meet the City's budget needs and generate some additional revenue? Thank you. Chair Sarnoff All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record. Vice Chair Carollo: What item are we on? City ofMiami Page 12 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Chair Sarnoff We're on SP. 6. Mr. Deresz: The Zoning. Vice Chair Carollo: Right. This doesn't have to do with the billboards? Mr. Min: The Offices of Zoning is responsible for billboards. However, the billboard -- Vice Chair Carollo: That's item SP.9. Mr. Min: -- fees are not -- billboard fees are not involved in Chapters 2 or 62. Vice Chair Carollo: Gotcha. Chair Sarnoff All right. Does any Commissioner wish to ask the Administration as to any questions that were tendered? Commissioner Gort: Yes, I'll ask. Chair Sarnoff Go ahead. Mr. Min: Mr. Chair, I can let you know that as far as the billboards, there are individual settlement agreements that specin, what the charges are to the individual billboard vendors, and there is a graduated scale that increases over time. Again, that's pursuant to the actual settlement agreements. As far as the posting or the seal on the -- the permit number on the actual billboards, that's something that's actually regulated by FDOT, the Florida Department of Transportation, so unfortunately, there's no permit number that the City would be responsible for for posting. And as far as any illegal billboards and fines that are assessed, Code Enforcement does actively investigate and prosecute those types of cases. And in fact, billboards that are found to be in violation are charged at the highest rate allowed by law. Mr. Deresz: What is the range of the permit fees? Chair Sarnoff You'd have to look at each settlement agreement. Mr. Deresz: Well, give me -- can you give a ballpark range? Commissioner Suarez: Mr. Chairman. Commissioner Gort: At this time, I understand from the feedback that I received from many municipalities, we have the best program that exists in the United States. Commissioner Suarez: Mr. Chair. Mr. Deresz: Has it gone up -- Commissioner Gort: Even better than Vegas and Los Angeles. Mr. Deresz: -- from $100 a year compared to five years ago? Chair Sarnoff Let me recognize Commissioner Suarez. Mr. Deresz: Thank you. Commissioner Suarez: Mr. Deresz, I think ifI ask a question in a different way, maybe it'll City ofMiami Page 13 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 satisfies [sic] you. Mr. Deresz: Thank you. Commissioner Suarez: And if you give me a little bit of a latitude 'cause I know -- Chair Sarnoff Absolutely, go ahead. Commissioner Suarez: -- we're not really on the topic at hand. What is the total amount that the City generates from our permit fees and our billboards on an annual basis? Mr. Min: I don't have that information. Commissioner Suarez: Ballpark. Chair Sarnoff I could answer that if you're going to include murals in there. Commissioner Suarez: Yeah. I think you would want to know that as well. Mr. Deresz: Sure. Commissioner Suarez: Yeah. Chair Sarnoff Your total amount would be in the vicinity of just under $4 million. Mr. Deresz: Okay. Thank you very much. Chair Sarnoff All right. Anyone else wishing to be heard on SP.6? Hearing none, seeing none, coming back to the Commission; closing the public hearing. Did we have a motion on this? Priscilla A. Thompson (City Clerk): No. Chair Sarnoff All right. Do we have a motion? Commissioner Dunn: So moved. Chair Sarnoff Motion by Commissioner Dunn. Commissioner Gort: I'll second. I have a question. Chair Sarnoff Second by Commissioner Gort. Commissioner Gort's recognized for the record. Commissioner Gort: My understanding, the first public hearing is when you made the presentation, they will not affect single-family homes. Anyone that would want to make an improvement within their home will not be affected by this ordinance. Mr. Min: Those would actually be the fees that are being raised by the Department of Building. The fees that are being raised by the Office of Zoning and the Planning Department, they do affect both residents and developers equally. Commissioner Gort: But you're talking about zoning? Mr. Min: Zoning, correct. Commissioner Gort: Not anyone that wants to make any additions -- I want to make sure the City ofMiami Page 14 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 people understand -- to their homes or any improvements to a single-family home. Mr. Min: As far as any building charges, again, that would be the next item on the special agenda. And from my understanding, with speaking Mr. Toledo, those charges not -- Commissioner Gort: I just want to make sure we get -- and explain all of this and make sure the public's aware of what we're voting on. Mr. Min: But as far as the proposed amendments, it does affect equally both residents and developers, and it is a very minimal increase of just 5 percent. I mean, these fees have not been increased in approximately over ten years. Commissioner Gort: Okay. Chair Sarnoff. All right. Anyone else wishing to be heard on SP.6? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: I'll vote no on this one. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff. Well, I don't want him to be lonely, so I'll vote yes. Ms. Thompson: Then your motion on second reading for this ordinance has failed, 2-3. SP.7 ORDINANCE Second Reading 10-01008 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Building 10/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS/IN GENERAL" IN ORDER TO INCREASE CERTAIN FEES RELATED TO THE PROCESSING AND ISSUANCE OF BUILDING PERMITS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01008 Summary Form.pdf 10-01008 Legislation. pdf 10-01008Submittal-Icon 465, 485 and 495 Brickell Ave and Biscayne Blvd..pdf 10--01008-Submittal-Changes of Fees for Building Permits, etc..pdf 10-01008 SR Legislation.pdf City ofMiami Page 15 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez 13200 Direction by Chair Sarnoff to the Administration for the Building Director to experience the permitting process firsthand by acting as an Undercover boss," and for the Director to report back to the Commission within sixty (60) days as to what was found and whether or not any changes need to be implemented. Chair Sarnoff SP. 7. Orlando Toledo: Good afternoon. Orlando Toledo, director of Building and Zoning. This is an ordinance on second reading of the Miami City Commission amending Chapter 10, Article I of the Code of the City ofMiami, entitledBuilding/In General, in order to increase certain fees related to processing and issuance of building permits. And as stated in first reading, these charges would not be for single-family or duplexes. Chair Sarnoff All right. Let me open up a public hearing. Anyone wishing to be heard on SP.7, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Mariano Cruz, the chairperson of the Allapattah Business Development Authority, at 2364 Northwest 21 Terrace. I don't have nothing against raising fee. Anyway, they going to be up 5 percent. But what I am against is the bad service. Some of my people, businessmen or small business, trying (UNINTELLIGIBLE), when they get to permitting (UNINTELLIGIBLE). Even people going to build something, they get to use a runner, somebody that's there. Oh, we do the paperwork, (UNINTET,TIGIBT,F), pay 40, $50 on top. Things that are free are supposed to be free; they charge money. 'Cause the other day a lady was going to get one of those hot dog things that somebody (UNINTELLIGIBLE) -- oh, I give you -- I give you -- you give me $500 (UNINTET,TIGIBT,F). I asked the lady how old are you? Over 65. Sixty-five is free. Anyway, you (UNINTELLIGIBLE) got to fill the paper there in Public Works. That's what it is. And anyway, Mayor Regalado here mentioned that they going to have -- they going to -- supposed to have an advocate there at the entrance that will be asking the people are you going to permit or going someplace or you want to pay something, what kind of service they give you in a scale from one to five or one to ten, okay? What is that advocate there at the lobby? I haven't seen it. You mentioned here, right? (UNINTELLIGIBLE) the advocate, somebody that gets people through that maze or let's call it a gauntlet, where somebody hit you, hit you, hit you, hit you and they want your money but they don't want to do anything for that service, and they call their service public servants. Come on, public servant my eye. Chair Sarnoff Thank you. Anyone else wishing to be heard on SP.7, please step up. You're recognized for the record. Angel Urquiola: My name is Angel Urquiola. I live at 1025 Southwest 30 Avenue. I like to speak tonight, andl agree with Mr. Cruz because I see in the City a lot of elderly people who come to get information to get a permit for (UNINTELLIGIBLE). Who going to take care of them? Believe me, I ask (UNINTELLIGIBLE). No. We have to have a -- one person, like it is in Texas. You go to (UNINTELLIGIBLE) Texas, in Houston, Texas, you have a board, one person. You go to (UNINTELLIGIBLE), we like to have a permit to have a hot dog on that corner. (UNINTELLIGIBLE) call to this guy. Nothing else. Go to him. He go over there, he resolve it. Why we don't give it to the poor people, to the small people? This facility, I think it's time we give this facility (UNINTET,T IGIBT ,F) it not going to cost too much money for that and (UNINTELLIGIBLE). No. Look at (UNINTELLIGIBLE) over here. Talk to one of these guy City ofMiami Page 16 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 over here running. He make a permit for you. I don't like that. And appreciate it if you, the Commission, take care of that. Okay, Mr. Mayor? Please. Chair Sarnoff Anyone else wishing to be heard on SP.7, please step up. Hearing none, the public hearing is now closed; coming back to the Commission. Anybody wishing to be heard on SP.7? I don't have a -- do I have a motion and a second? All right, is there a motion on SP.7? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Commissioner Gort's recognized for the record. Commissioner Gort: Question: My understanding is this would not have an impact on residentials and duplexes or people that want to make any additions to their homes. Mr. Toledo: Yes. Commissioner Gort: This affects mainly the major developments and -- Mr. Toledo: Yes. Commissioner Gort: -- it's my understanding for what I'm voting on, that's what was stated on the first public hearing that we had. Mr. Toledo: Yes, Commissioner. Commissioner Gort: Second thing is I wonder -- we had been working with the Building Department in trying to ease and make it a lot easier for people to come up with permits. Right now we have some requirement they have to be with the County. You go apply for a City permit and then you have to go to DERM (Department of Environmental Resources Management), you know, the office at the County to pull the permit. This is something that we need to work on it and we need to simpli and make it a lot easier for people to pull the permit. Okay. Thank you. Mr. Toledo: Commissioner, yes. As a matter of fact, we have been talking back to DERM again and see if somehow we could relieve that process. In addition, just to clam, on the fourth floor where the Building Department and the Zoning Departments are at, there are -- on each side of the floor, there's actually two Building people that actually just help the public and two Zoning personnel that actually help the public. So with the DERM issue, we're back and forth with them. And as soon as I have anything from them, I'll come back to you. Commissioner Gort: Thank you. Chair Sarnoff Orlando, this is the third year that the Commission has asked for a unified way of creating permitting. I've been here now three years and three years they've asked for this. Mr. Toledo: It's more of a how the County does their thing. Because of DERM regulation and the way that the County rules on those regulation under their Home charter, it's a back and forth always. And hopefully, with the new director that they have there, we could have a better conversation with them. Chair Sarnoff The last thing I'd ask you to do is why don't you become an undercover boss and City ofMiami Page 17 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 see for yourself how well it works? Mr. Toledo: Okay. Chair Sarnoff Because I think each one of us as Commissioners, we hear what at least our constituents tell us it's like to go up to building and permitting. It's not supposed to be a very fun day. Or I'm not sure why it needs to be a full day. And I understand -- I think you need to be an undercover boss. I think you need to experience it yourself. Go in there and see what it's like and then report back to this Commission in 60 days as to what you found and any changes that you think need to be implemented. Mr. Toledo: I will do so. Chair Sarnoff Thank you. All right, SP. 7, is there anyone else wishing to be heard? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: For the reasons stated before, yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been adopted on second reading, 3-2. SP.8 ORDINANCE Second Reading 10-01030 Department of AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Fire -Rescue 19 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "FIRE PROTECTION", MORE PARTICULARLY BY AMENDING THE SCHEDULE OF FEES ASSOCIATED WITH VARIOUS FIRE PROTECTION DUTIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 10-01030 SUMMARY FORM.pdf 10-01030 LEGISLATION.pdf 10-01030-Submittal-Department of Fire -Rescue Fire Prevention Division Fee -Study August 2010.p 10-01030 SR Legislation.pdf 10-01030-Submittal-Department of Fire -Rescue Fire Prevention Division Fee -Study August 2010.p City ofMiami Page 18 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Noes: 2 - Commissioner(s) Carollo and Suarez 13201 Chair Sarnoff SP. 8. Maurice Kemp: Maurice Kemp, Fire chief. It's an ordinance of the Miami City Commission amending Chapter 19 of the Code of the City of Miami, Florida, as amended, entitled Fire Protection; more particularly amending the schedule of fees associated with various fire protection duties. Chair Sarnoff All right. Let me open up to a public hearing. Does anybody wish to be heard on SP.8, please step up. SP.8. Hearing none, seeing none, the public hearing is now closed; coming back to the Commission. Is there a motion? Commissioner Dunn: Move it. Chair Sarnoff Motion by Commissioner Dunn -- Commissioner Gort: Second. Chair Sarnoff -- second by Commissioner Gort. Any discussion, gentlemen. Hearing no discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. Commissioner Suarez? Commissioner Suarez: No. Ms. Thompson: Vice Chair Carollo? Vice Chair Carollo: No. Ms. Thompson: Commissioner Gort? Commissioner Gort: Yes. Ms. Thompson: Commissioner Dunn? Commissioner Dunn: Yes. Ms. Thompson: Chair Sarnoff? Chair Sarnoff Yes. Ms. Thompson: The ordinance has been adopted on second reading, 3-2. Chief Kemp: Thank you. Chair Sarnoff Thank you. City ofMiami Page 19 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 SP.9 10-01069 Office of the City Attorney SP.10 10-01091 Department of Employee Relations ORDINANCE Second Reading 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 WITHDRAWN Chair Sarnoff SP.9. Julie O. Bru (City Attorney): Mr. Chair, I'd request that SP.9 be withdrawn at this time. Chair Sarnoff All right. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 2 ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI FIREFIGHTERS' AND POLICE OFFICERS' RETIREMENT TRUST", MORE PARTICULARLY BY AMENDING SECTIONS 40-191 AND 40-203, MAKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01091 Legislation.pdf 10-01091 SR Summary Form.pdf 10-01091 SR Legislation.pdf Motion by Commissioner Suarez, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13202 Chair Sarnoff SP.10. Julie O. Bru (City Attorney): Okay, this is an ordinance making changes to the normal retirement date, the benefit formula, maximum (UNINTELLIGIBLE), and average final compensation of the Firefighters' and Police Officers' Retirement Trust. Chair Sarnoff You're recognized for the record. Jim Linn: Mr. Chairman, Jim Linn, the City's pension counsel. This is the ordinance amending the FIFO (Firefighters and Police Officers) retirement plan for firefighters and police officers. There have been several technical changes to the ordinance since first reading. First, there were City ofMiami Page 20 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 some corrections to the section on service retirement concerning the Rule of 64 for police officer members and Rule of 68 for firefighter members that had been reversed in the ordinance that passed on first reading. There were also some technical changes to the section on limitation of benefits. Typo was corrected, andl believe that is all of the changes from first reading. I do want to inform the Commission that the City has received two actuarial impact statements from the plan actuary. One designated for the ordinance as written, which reflects a $25.5 million overall reduction in the City's contribution for the coming fiscal year and the second actuarial impact statement is the ordinance as deemed applicable by the counsel for the pension board and that reflects a overall reduction -- savings to the City of $23.3 million. The difference between the two actuarial impact statements is about $2.2 million. This ordinance and both actuarial impact statements have been furnished to the State. And the issue concerning the as -written version and the as -applicable version has to do with the -- a difference of opinion between the pension board's counsel and the City's pension counsel as to the application of the changes contained in the ordinance. And at some point, the State is going to issue its opinion on the -- which of the two actuarial impact statements is the correct one, and at that point, the City would have -- if it doesn't agree with the State's conclusion, would have the ability to legally contest that. Andl believe that the Manager wanted to make a statement about the -- Carlos A. Migoya (City Manager): Yes. Even though we agree with the position that we have, what we are doing at this point in time is to make sure that we have a conservative and balanced budget is we're going to put a reserve for the difference of the $2.2 million on our budget. Should we lose, obviously we have the reserve and (UNINTELLIGIBLE). Should we win our position like we believe we will, we'll be able to replace that and put it back where we need to in capital expenditures, which is where we're actually taking the money from. Chair Sarnoff. Do we have any idea what the length of time would be as to whose position will be determined to be accurate? Mr. Linn: As far as the State making a determination, it's probably, I would say, within a month or two months. There's a possibility that the City would wish to contest that legally and that could extend that time. Chair Sarnoff. Is that a lawsuit or is that a -- what is it, arbitration, or what is it ? Mr. Linn: The City would have the ability to contest the State's interpretation through the Administrative Procedures Act. It could also have redress through a lawsuit. Chair Sarnoff. All right. Is there anyone from the general public that wishes to be heard on SP.10? Mr. Aguilar, you're recognized for the record. Armando Aguilar: Good afternoon, Commissioners. Armando Aguilar, president, Miami Fraternal Order of Police 710 Southwest 12 Avenue. I know that no matter whatl say here, your minds are made up and you're going to vote one way, but I want to keep reminding you of the illegalities of what you're doing. You have spent over half a million dollars in outside attorneys and consultants to litigate this case when you have at least 24 City ofMiami attorneys whose opinion you have disregarded, because obviously they're not good enough to litigate these cases, and you're listening to people that are telling you what you want to hear. If we win these lawsuits -- and by the way, there's going to be another lawsuit filed tomorrow. And it's not if we win; when we win these lawsuits, 'cause we will prevail, the City is going to find itself in a huge hole. I want to keep reminding you of this so that later on, you don't blame the unions, and the unions tied your hands. We've been telling you from day one, most of what you're doing is illegal. It's going to backfire on you. And at the end of that, the Administration is going to have failed. You're all going to be a failure as Commissioners by implementing these things. If you decide to lay off people because you lost a license (UNINTELLIGIBLE) through the lawsuits, you will be a failure again because you diminished the services to the community. If you decide to City ofMiami Page 21 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 raise fees, then lay off people, again, you will fail. I ask you to reconsider and think about what you're doing. We already got one hearing that's ready to go on the unfair labor practice. As I said, we got two lawsuits pending and another one coming up tomorrow or the next day. I think you're taking a huge chance here. The County Commission will ask the question at the second budget hearing -- one of the Commissioners asked, why didn't we adopt the financial urgency law, and the answer from the County Attorney was that it'd be rolling the dice and that the police was probably going to win. I think you're doing a disservice to your community by doing this, by adopting this, but again, I think you made up your minds already. At the end, I will be ready to help the City. Once you all finish your eight year little window as Commissioners, the policemen of the City ofMiami will still be here and we'll be trying to help again to save the City, but this is not the way to go. Thank you. Chair Sarnofff. Thank you. Applause. Chair Sarnofff. You're recognized for the record. Javier Ortiz: Hi. Sergeant Javier Ortiz, vice president for the Fraternal Order ofPolice, 710 Southwest 12 Avenue. Count me as one. Between the illegal shade meetings that were attended by the Commissioners and improperly imposing a contract on our unions, we must ask when is the City going to do it the right way? As you all know, the Miami Fraternal Order ofPolice has filed (UNINTET,TIGIBT,F) action lawsuit in court, as well as several changes --I'm sorry, as several charges with the state of Florida Public Employee Relations Commission against the City ofMiami vehemently defending our contract in which you all agreed to in prior negotiations. The Commission's chairperson, Marc Sarnoff, has made statements such as Who reads their entire mortgage contract? "That is very concerning to us, as it is for the rest of the community. I wonder if you have read the lawsuit and the PERC (Public Employees Relations Commission) charges. Is it too much reading? Well, I suggest you read it before making changes that will haunt you in the future. Maybe your attitude is this won't get settled any time soon. "That's what everybody asked, Mr. Linn. And you're willing to roll the dice. Well, I'm here to tell you that the Miami Fraternal Order ofPolice is rolling forward in stopping these unjust and irresponsible acts. And just this past Friday, we received a letter of sufficiency on all charges that we have filed with the PERC board against the City ofMiami. So while you all roll the dice, we're rolling too. And instead of playing games with the unions, why don't you try something different; bargain in good faith. My name is Sergeant Javier Ortiz and I'm not alone. Applause. Robert Suarez: Robert Suarez, Miami Association of Firefighters. Commissioners, think you've heard this song over and over again. We're asking you to do what is legal, what is just. Again and again, you're playing experiments at the cost of the employees. For the first time ever, we have a pension ordinance that has come before the City Commission without going through the Fire and Police pension administration and through our attorneys. They had no involvement in drafting this ordinance. Every attorney that has looked at this ordinance says one of the sloppiest pension ordinances that have -- they have ever set their eyes on. Most of the changes that are in this ordinance are not legal, they're not enforceable, besides the fact of how they were made in there by breaking our contracts and violating the rights of the employees. This will come back to haunt the Commission. You heard this over and over again. You can't say you didn't know. You cannot say you didn't know. You've been warned about this over and over again, about the violations on the employees. And this will come back to you again. As the County Attorney mentioned to the County Commissioners, this process is not tried and true in law. It is an experiment. And this will come back to haunt you. Applause. City ofMiami Page 22 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Chair Sarnoft You're recognized for the record. Armando Aguilar, Jr.: Good afternoon. Armando Aguilar, Jr., Fraternal Order of Police, Miami Lodge 20, 710 Southwest 12th Avenue, and also a proud member of the best police department to ever serve any community in this nation. I'm here to today to tell you that unfortunately, we are in a budget crisis, $100 million and change, and a lot of it is self-imposed. It's self-imposed because you can look your employees in the eye and tell them that we can take hundreds of dollars a month from you, we can sweep the rug out from under you for your pension, for your benefits; yet, we can't tell anybody -- after doubling homestead exemption rates countywide, property taxes lowering year after year for the past five years, that we can't even adopt a rollback rate. We can't do anything to at least spread the paint a little bit. I probably wouldn't be up here ifI saw that, you know, everybody was chipping in a little bit. But again, the burden is falling on us, the employees. Andl think that it's time that everybody in this Commission think about what's doing -- doing what's right instead of doing what's going to get you re-elected. Thank you. Applause. Chair Sarnoff You're recognized for the record. Eldys Diaz: My name is Eldys Diaz, 710 Southwest 12th Avenue. Count me as one. I am a current City ofMiami police officer. I've come before you today to clear up several misconceptions you appear to have about me, misconceptions which are probably clouding your judgment regarding the current budget proposal. First, I'm not rich. Contrary to your frequent reports to every available media outlet, I do not earn extraordinary sums of money at the taxpayers' expense. I am not responsible for the City ofMiami's bankruptcy. I am a humble, firmly middle-class citizen who doesn't deserve to be blamed for the collapse of the housing market or our local government's inability to effectively respond to the ensuing financial crisis. Second, I live within my means. I'm financially responsible. The cuts you plan on imposing upon my salary are not devastating because I live some lavish, exorbitant lifestyle outside of my means. No. They're devastating because they will drastically reduce my means altogether. Your actions will dramatically impact my ability to support myself and my family. Third, I'm not greedy. It's not greedy to expect to earn what you've been promised. It's not greedy to feel slighted by a City government that frivolously spends its taxpayers' money; and when that well runs dry, reaches into its workers' pockets for relief. No, I'm not greedy. I just have a disingenuous employer. Fourth, I'm fully aware that our nation is in the grip of an economic crisis. I do not live in a bubble. I have family members that have lost their jobs. One of the underreported consequences of the nation's economic meltdown is that those of us who are employed are forced to carry the burden of our recently unemployed kin. And yes, I am thankful to have a job during these troubled times. I just don't believe that this economic crisis gives the City an open invitation to treat me like a dog. Finally, and most importantly, I'm not a coward. I will not stand idly by as you tarnish the image of my profession with your repeated smear attacks. I will not allow you to flaunt labor precedent, ethical considerations, and Florida law to snatch food from my mouth. I will fight you repeatedly, tirelessly, endlessly until you stop taking what does not belong to you. Chair Sarnoff In conclusion. Mr. Diaz: My name is Eldys Diaz and I'm not alone. Count me as one. Applause. Chair Sarnoff And in conclusion. You're recognized for the record. City ofMiami Page 23 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Steven Castell: My name is Sergeant Steven Castell, 710 Southwest 12th Avenue. Count me as one. I'm a current City ofMiami police officer, specifically a bomb technician for the City of Miami police. I've come before you today to clear up several misconceptions you appear to have about me, misconceptions which are probably clouding your judgment regarding the current budget proposal. First, I'm not rich. Contrary to your frequent reports to every available media outlet, I do not earn extraordinary sums of money at the taxpayers' expense. I am not responsible for the City of Miami's bankruptcy. I am a humble, firmly middle-class citizen who doesn't deserve to be blamed for the collapse of the housing market or our local government's inability to effectively respond to the ensuing financial crisis. Second, I live within my means. I'm financially responsible. The cuts you plan on imposing upon my salary are not devastating because I live some lavish, exorbitant lifestyle outside of my means. They're devastating because they'll drastically reduce my means altogether. Your actions will dramatically impact my ability to support myself and my family. Thirdly, I am not greedy. It's not greedy to expect to earn what you've been promised. It's not greedy to feel slighted by a City government that frivolously spends its taxpayers' money; and when that well runs dry, reaches into its pocket -- into its workers' pockets for relief. No, I am not greedy. I just have a disingenuous employer. Fourth, I'm fully aware that our nation is in the grip of an economic crisis. I don't live in a bubble. I have family members that have lost their jobs. One of the underreported consequences of the nation's economic meltdown is that those of us who are employed are forced to carry the burden of our recently unemployed kin. And yes, I am thankful to have a job during these troubling times. I don't believe that this economic crisis gives the City an open invitation to treat me like a dog. Finally, and most importantly, I am not a coward. I will not stand idly by as you tarnish the image of my profession and your repeated smear attacks. I will not allow you to flaunt labor precedent, ethical considerations, and Florida law to snatch food from my mouth. I will fight you repeatedly, tirelessly, endlessly until you stop taking what does not belong to you. My name is Steven Castell, andl am not alone. Count me as one. Applause. Chair Sarnoff You're recognized. Alberto Echaburo: Good afternoon, gentlemen. My name is Alberto Echaburo, very proud executive board member ofMiami Fraternal Order of Police, Lodge number 20. I am a current City ofMiami police officer. I have come before you today to clear up several misconceptions you appear to have about me, misconceptions which are probably clouding your judgment regarding the current budget proposal. First, I am not rich. Contrary to your frequent reports to every available media outlet, I do not earn extraordinary sums of money at the taxpayers' expense. I am not responsible for the City ofMiami's bankruptcy. I am humble citizen who doesn't deserve to be blamed for the collapse of the housing market or our local government's inability to effectively respond to the ensuing financial crisis. Second, I do with -- live within my means. I am financially responsible. The cuts you plan on imposing upon my salary are not devastating because I live some lavish, exorbitant lifestyle outside of my means. No. They are devastating because they will drastically reduce my means altogether. Your actions will dramatically impact my ability to support myself and my family. Third, I am not greedy. It is not greedy to expect to earn what you have been promised. It is not greedy to feel slighted by a City government that frivolously spends its taxpayers' money, and when that well runs dry, reaches into the workers' pockets for relief. No, I am not greedy. I just have a very disingenuous employer. Fourth, I am fully aware that our nation is in the grip of an economic crisis. I do not live in any kind of bubble. I have family members that have lost their jobs. One of the underreported consequences of the nation's economic meltdown is that those of us who are employed are forced to carry the burden of our recently unemployed kin. And yes, I am thankful to have a job with the City ofMiami policed during these troubling times. I just don't believe that this economic crisis gives the City an open invitation to treat me like a duck. Finally and most importantly, I am not a coward. I will not stand idly by as you tarnish the image of my profession with your repeated smear attacks. I will not allow you to flaunt labor precedent, City ofMiami Page 24 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 ethical considerations, and Florida law to snatch food from my own mouth. I will fight you repeatedly and tirelessly, endlessly until you stop taking what does not belong to you. My name is Alberto Echaburo, very proud executive board member ofMiami Fraternal Order ofPolice, Lodge number 20. Count me as number one. Applause. Chair Sarnoff You're recognized for the record. Jacqueline Folqueira: Good afternoon. Jacqueline Folqueira, 710 Southwest 12th Avenue. Count me as one. I am currently a City ofMiami police officer, and this is not about hardheaded cops not wanting to take a pay cut. This is not about police pension breaking the bank of the City ofMiami. This is about the City ofMiami using today's economy as an excuse to exploit their employees and balance their books on their employees' backs, all the while getting the sympathy of the community while you go on about your ventures in a free for -all with no accountability whatsoever. Stop the hypocrisy and count me as one. Applause. Dan Kerr: Good evening. Dan Kerr, 710 Southwest 12th Avenue. You can count me as one as well. I am a current City ofMiami police officer. I've come before you today to clear up several misconceptions you appear to have about me, misconceptions which are probably clouding your judgment regarding the current budget proposal. First, I am not rich. Contrary to your frequent reports to every available media outlet, I do not earn extraordinary sums of money at the taxpayers' expense. I am not responsible for the City ofMiami's bankruptcy. I am a humble, firmly middle-class citizen with a family who does not deserve to be blamed for the collapse of the housing market or the local government's inability to effectively respond to the ensuing financial crisis. Second, I live within my means. I am financially responsible. The cuts you plan on imposing upon my salary are not devastating because I live some lavish, exorbitant lifestyle outside of my means. No. They are devastating because they drastically reduce my means altogether. Your actions will dramatically impact my ability to support myself and my family. Third, I am not greedy. It is not greedy to expect what you have been promised. It is not greedy to feel slighted by a City government that frivolously spends its taxpayers' money, and when that well runs dry, reaches into the workers' pockets for relief. No, I am not greedy. I just have a disingenuous employer. Fourth, I am fully aware that our nation is in the grip of an economic crisis. I do not live in a bubble. I have family members that have lost their jobs. One of the underreported consequences of the nation's economic meltdown is that those of us who are employed are forced to carry the burden of our recently unemployed kin. And yes, I am thankful to have a job during these troubling times. I just don't believe in -- this economic crisis gives the City an open invitation to treat me like a dog. Finally and most importantly, I am not a coward. I will not stand idly by as you tarnish the image of my profession with your repeated smear attacks. I will not allow you to flaunt labor precedent, ethical considerations, and Florida law to snatch food from my mouth. I will fight you repeatedly, tirelessly, and endlessly until you stop taking what does not belong to you. My name is Dan Kerr, and you can count me as one. Applause.. Chair Sarnoff You're recognized for the record. Herminia Salas-Jacobson: Yes, sir. Good afternoon, gentlemen. I'm Herminia Salas-Jacobson, City ofMiami Police Department, FOP (Fraternal Order ofPolice) 20, 710 Southwest 12th Avenue. Count me as one. I hope that by now you're hearing the words we're speaking because we really want to get the message across. Count me as one when you make the decisions that you make and understand what we're saying to you. Most of us believe that you've already made up your minds as to what you want to do and as to what you need to do. It'd be quite easy for me City ofMiami Page 25 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 to take the offensive to sit here and to attack each and every one that's present and say that you're doing this to me, but that's not the message I want to get across. I would like for you to understand what we want to say. I've given this a lot of thought, and I've had to deal with my children throughout this and explain to them some of the things that affect us. It's the simplest way when you're speaking with children. I told them what really upsets us most is the hypocrisy. And in order for children to understand, you have to give them an example. It really upsets us when you tell us you cannot pay your employees, the people who dedicate themselves for your well-being, for your benefit, and for the success of your company because the City ofMiami is a company, even though we may not look at it that way. And then I tell my children it upsets us when you take what is supposed to be for us, our payment for our work, and then you turn around and you get a new hairstyle or a manicure or a new pair of shoes or a fancy car. And although you may not relate it to what you're doing today, it's that simple. It is that the simple when you tell us you cannot give us what we earned, but yet you can turn around and use it for something else, which is our cry constantly. And although it may not be you individually who cause this, okay, we're still dealing with the mistakes from the past. When you address the pension issue, please let's not overlook that in the past we were victims of our government. We were robbed, although the word may not have been applied in that fashion. That is exactly what happened. And you continue to repay for the mistakes of the past. So what we ask you today is not to make those mistakes again because with all the lawsuits and everything that's occurring, those payments will be incurred upon us once again. Chair Sarnofff. In conclusion. Ms. Salas-Jacobson: In closing, I would like you to count me as one. Applause. Francisco Torres: Good afternoon. My name is Francisco Torres. I'm a current police officer for the City ofMiami, 710 Southwest 12th Avenue. I'm a current City employee. I do not live within my means. I have a lot of bills, and I'm a victim of what occurred with the financial situation. My wife was one of the first ones that got laid off. She hasn't been able to find a job. I am the sole provider for my family andl also have parents that live with me. I know the situation is critical. And it's very hard for me to come up here because I'm not a speaker. I'm not a person that does this on a regular basis, but this is going to affect me very much. It's going to affect me -- I don't know if I'm going to be able to keep my home. I do live within my means. I don't have a new vehicle. I don't buy new cars. I -- like I said, I'm the sole provider for my family and this will affect me immensely. Andl want you to consider -- before you do this, please consider all of us. Andl know it is not -- wasn't -- you didn't start this, but don't take it upon us. Don't take what we have away from us. We work hard for what we do out there, and we risk our lives every day to protect your guys. Thank you. Chair Sarnoff Thank you. Applause. Chair Sarnoff You're recognized for the record. Ryan Smith: Good afternoon, Commission. My name is Officer Ryan Smith. Count me as one. I'm a proud Miami police officer for the last 14 years. These young men and women put they life on the line for y'all every day. We've lost officers with they sights, they life, blood, everything. None of us greedy, as we are portrayed in the media. I became a police officer, number one, because of your father. He helped me become a police officer. And today, you're taking a lot of people livelihood with this budget cut. I didn't bankrupt the City. I live in -- within my means. I don't drive a Mercedes, BMW (Bavarian Motor Works), not even a Smart Car. I drive a GMC (General Motors Corporation) pick-up truck. I don't buy Jordans. Even the police shoes I wear, City ofMiami Page 26 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 I get them from Kmart for 27.99. I live in my -- with my means. And every men, women in here, firemen, police officers, we dedicate our lives for every one ofy'all. Every one of us, we've spilled blood, we've given pay cuts in the past. We've given up holidays in the past. We've given everything to this City for the past 14 years I've been here to keep the City running. When I go to the bank and ain't no money there, I don't buy nothing. When the City go to the bank to give -- for the tunnel, if no money there, what you giving million of dollars for you don't have? If you gone do the baseball stadium, you go to the bank and a budget, there's no money there, why you giving them millions of dollars we don't have? But you want to take it from me. I'm putting my life on the line. I'm dodging bullets. Every time I search somebody, I got to be scared whether I'm going to catch a disease, whether my family gone see me again, and you want to sit up there and take my livelihood from me when I can't even much afford what I'm doing now. I can't afford a pair of shoes. I can't even afford a decent car. I don't live in a three-, four-, five -hundred -dollar -- thousand -dollar home. I live within my means. And when you go to your budget and you don't have it, don't spend it and we won't be here today. May God bless you. Count me as one. And love your dad. Applause. Chair Sarnofff. You're recognized for the record. Emilio Valenzuela: Good afternoon. I'm a police officer, City ofMiami, 710 Southwest 12th Avenue. Emilio Valenzuela. I've been employed with you guys since October of 1989. I'm going to take a little liberty with Shakespeare. I am a police officer. Hath not a police officer's eyes? Hath not a police officer's hands, organs, dimensions, senses, affections, passions; fed with the same food hurt with the same weapons, subject to the same diseases, healed by the same means, warmed by the same cold and winter and summer as you? If you pricked us, do we not bleed? If you tickle us, do we not laugh? If you poison us, do we not die? If you wrong us, shall we not revenge? What you guys are doing to us is inconceivable. You have done more to hurt the morale of the Police Department and the other unions than anything that has happened before. But one thing is for sure, you have united all the four unions like never before. Thank you. Applause. Chair Sarnofff. You're recognized for the record. Cherise Gause: Good evening. Cherise Gause, sergeant with the City ofMiami Police Department, 710 Southwest 12th Avenue. I come before you today to just say that a few months ago, I looked forward to the fact that in four years I would be able to retire, honorably retire. That changed significantly for me. Andl would just like to say that, you know, the same thing that everyone has been echoing here, I'm not rich. I live within my means. When I signed up here in 1993, I had a certain expectation. I've held up my part of the bargain as an employee of the City ofMiami and I'm asking the City Commission to do the same. I'm just asking also that you would get clear clarification on what this ordinance is asking because obviously, it's not clear, not clear to the employees. There are very -- there are a lot of errors that were in the ordinance, so I would just ask that you would just please review that. You've had a lot of people that have left the Department because of confusion of what this ordinance is asking. Count me as one. Applause. Chair Sarnofff. You're recognized for the record. Jose Acuna: Good evening. My name is Officer Jose Acuna, 710 Southwest 12 Avenue. Count me as one. The reason I'm here is for the same reason that a lot of us are here. I mean, I'm a police officer. I've been a police officer 17 years. In that 17 years I've been a police officer, I've City ofMiami Page 27 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 never been as disgusted with the City as I am at this point right now. I wish I was very close to coming to my 64 points and now I'm -- it's nice to know that you have the option to -- you reach the 64 points and you could be able to retire. Now I don't even see that 'cause considering the fact that it's going to be extended to 50 -- 70 points at 50 years of age. I mean, it's like we go out there, us, the police officers, we go out there. We don't come to this job to become rich. We come to this job because we love what we do and we love helping people out there and the same goes for us, the same is for the firefighters. The City ofMiami firefighters and the Police Department -- police officers, we -- I consider our services to be among the best in the nation, better than the County at any time. And really, what's going on right now is really hurting me. It's hurting my family and it's -- I'm really, really not much on words right now. I'm just really up -- I'm more upset that I can't really think of what I'm going to say. Count me -- my name is Jose Acuna, officer. Count me as one. Applause. Chair Sarnoff You're recognized for the record. Kimberly Andrews: My name is Kim Andrews, 710 Southwest 12th Avenue. Count me as one. I'm here today so you can see my face; that I'm a human being, not a number. I've been a police officer for the City ofMiami for over nine years. I'm here today to tell you that by what you're doing to us, you're mistreating the people that work very hard to make you guys look good. The comparison I've heard is we're like window washers. I have nothing against anyone who works hard to make ends meet for their family. However, I take personal offense to this. I'm not some uneducated bumbling idiot who could not get a job doing anything else. I hold a master's degree and many certifications in the Police Department that the average officer does not have. I do things the average citizen would never dream of doing, nor would any of you, andl would challenge you to do that. What I do is beyond protecting and serving. I investigate deaths resulting from traffic crashes. I'm one of the officers that came -- that come in the night to tell someone of their loss. I'm the one that has to tell a parent their child is never coming home. I'm the person that's out there ensuring you and your families can get home safely so I never have to come and visit you. I spend more time here mainly on my own personal time than with my own family because I love what I do and I'm dedicated to doing an excellent job. I work very hard, harder than most, and wear my badge and my patch with pride. But what you're doing is wrong and beyond detrimental to the City and to her employees and her citizens. I will not stop fighting. I am not afraid to face you. My name is Officer Kimberly Andrews. You can count me as one. Applause. Mariano Cruz: Hi. Mariano Cruz -- I don't live at 710 Southwest 12th Avenue. Must be a big apartment house there -- 1227 Northwest 26th Street. I am a philosopher. All that you read (UNINTELLIGIBLE) book. All politics is loco. All politics is loco. I say you in Congress, you don't vote for me. I speaking here, but I have to go to the neighborhood in (UNINTELLIGIBLE). Go to the (UNINTELLIGIBLE) place to get the vote. But you send me back to Washington for two more years and the people did it because all politics is loco. And remember one thing. I live in Allapattah for 40-some years, but my children, they live in the County, Miami Lakes, North Miami. They used to be residents ofMiami and vote in the City ofMiami. Now they don't vote in the City of Miami. You don't represent them. Like I tell my daughter, the minute you got money, you go and live somewhere else. You have to live in Miami because you represent us, the residents ofMiami. I have nothing against the Miami Police Department. My daughter is a robbery detective of the Police Department, 11 years in the force, and the mother of my granddaughter (UNINTELLIGIBLE). And she told me you have to do it for me, for my (UNINTELLIGIBLE). I am in favor of (UNINTELLIGIBLE) because she's veteran anyway, whatever. But I say, all my children, they are working in the government. We all work for the government. We (UNINTELLIGIBLE) pay taxes anyway. 'Cause remember what politics is. City ofMiami Page 28 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Politics is an art, an art of giving away money. See who gets the money and who pays for the money through taxes and keep both of them happy. You cannot keep one people happy and the other one happy. Andl am a union organizer, union organizer with the BRAC, Brotherhood Railway Clerks; '68 and 1970 was a strike where people were killed and they were service employee international union. And you know what the unions are? Andl told my people, unions are the necessary evil. We have to keep the union because otherwise I wouldn't be middle-class Chair Sarnofff. In conclusion. Mr. Cruz: In conclusion, I say what got to say. I know people don't like to hear that, but you know, I (UNINTELLIGIBLE) the people here live in the City ofMiami, they will control that Commission district because they will have 500 votes, plus so many absent ballots and the whole thing. Multiply 500 times 3 per household, look at how many votes they will have in the City. Chair Sarnofff. Thank you. Mr. Cruz: (UNINTET,TIGIBT,F) don't have any votes in the City. Chair Sarnofff. Thank you. You're recognized for the record. Applause. Angel Urquiola: Hi. Good evening. I go to start asking the Commission, the Mayor, and everybody over here to pardon me if what I got to talk offended somebody else, but it's nothing personal. This is a matter of (UNINTELLIGIBLE) tonight here, here in this City ofMiami. You know, I am 87 years old, and the first depression we have in New York was in 1935. My father was millionaire in Cuba, very millionaire. In one day, in 24 hours, we don't have any penny, not one penny. You know what we eat? Only bread. And we had to go to the street to work, a little kid, 11 years old, to get money to helping my mom and my father. I have a lot of experience and that's what happen. I study. I was a lawyer in Cuba. I was very well living people. Castro come in andl go (UNINTELLIGIBLE) and buying grocery. I come to this country without a penny, without one penny in my pocket. Andl working in the City ofMiami Beach. I make 50 cents an hour, but I don't give up. I still fighting. I am 87 years old. But let me tell you younger people, I have nothing against you. I like it when you defend your rights, but when the situation is right, everybody have to help because what's this gentleman over here, they are (UNINTELLIGIBLE), but what happen in the City ofMiami. Why you don't complain to Manny Diaz, to all the other Commissioner was over here? No. You come over here to complain this gentleman. No. Don't complain them. Chair Sarnofff. All right. Mr. Urquiola: Complain the other Administration -- Chair Sarnofff. Let's -- Mr. Urquiola: -- who still got that money (UNINTELLIGIBLE). Chair Sarnofff. In conclusion, in conclusion. Mr. Urquiola: No, no. Chair Sarnofff. In conclusion. Mr. Urquiola: You wrong. City ofMiami Page 29 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Chair Sarnoff In conclusion. Mr. Urquiola: You know -- Chair Sarnoff Thank you. Mr. Urquiola: -- the experience you had -- the -- Chair Sarnoff Thank you. Mr. Urquiola: Wait a minute. The experience you had, he doesn't have. Chair Sarnoff Thank you. Mr. Urquiola: It's better to have a bread and not a little cookie. Chair Sarnoff Thank you. Mr. Urquiola: You better help him now. Learn for (UNINTELLIGIBLE) all the people -- Chair Sarnoff Thank you. Mr. Urquiola: -- (UNINTET,TIGIBT,F). Chair Sarnoff Thank you. Joseph Longueira: My name is Joseph Longueira, 2300 Northwest 14th Street. I'm the president of the City ofMiami Retired Fire and Police Association. Andl want to just knowledge this man and that he not forget we welcomed him with open arms to our country. We welcomed him to our country. I'm speaking on behalf of the 1,730 retired and DROP (Deferred Retirement Option Plans) officers that are participants in the FIPO trust pension plan. In the past we took the City to court and eventually won the Gates settlement that you all know about. We voted after that to forego the City from making final payments on monies they owed that plan. We will be watching these changes enjoined with the FOP and the IAFF firefighters to enforce and keep a viable FIPO pension trust. We will be watching. We are strong. Count me as one of many. Once blue, always blue. Applause. Alberta Duncan: Alberta Duncan, City ofMiami Police Department, 710 Southwest 12th Avenue. I wasn't going to get up and say anything, but I had to. Speaking on behalf of -- I'm a veteran officer. I've been in the Department 30 years. And just like this gentleman said, a lot of the administration up here are new, don't know what has taken place, but a lot of our officers and our Fire Department and civilians have all said. I've seen a lot of City Mayors, City Managers, City Commissioners, chiefs of Police come and go. I've seen riots, I've seen hurricanes, I've seen a lot of good, I've seen a lot of evil in the City ofMiami. What we are here to do is to protect and serve, but we have families. Like everybody else has said, we have families too. I have a 90-year-old mother who I'm taking care. I have sisters and brothers that I help out. I have coworkers who have a lot of devastation and things going on in their families. We love the City ofMiami. I've been -- like I said, I'm a 30-year vet. I participate in everything the City has to offer. I help people. I do for people. But I have a hundred and -- I had 1,500 hours ofl"(Ill) time. I don't call in sick. I have three hundred and some vacation time I haven't taken, and now the City's telling me and others that if we don't use it, we lose it at the end of our career. Other officers who had it at their career ending, they were able to cash it in and do what City ofMiami Page 30 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 they needed to do. I'm not asking the City for anything. I work for the City. I built up things in the City that I should be afforded as I leave. Not only me. I'm not saying this for me. I'm saying it for a lot of officers, a lot of police, fire, and civilian. They've worked their butts off for the City. We love the City. We still will do for the City because we are professionals and we're going to do what we're supposed to do, but give us what we earned and give us what's due to us. Chair Sarnoff. And in conclusion. Ms. Duncan: And speak as one also. Chair Sarnoff. Thank you. Applause. Chair Sarnoff. Anyone else from the public wishing to be heard on SP.10, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Suarez: Move it for discussion. Chair Sarnoff. Motion by Commissioner Suarez. Is there a second? Commissioner Dunn: Second for discussion. Chair Sarnoff. Second by Commissioner Dunn. Commissioner Suarez, you're recognized. Commissioner Suarez: Thank you, Mr. Chairman. I guess my first question is to our pension attorney. Regarding the legality of the procedure that was used, can you represent to the public what advice you have given us and what advice we have relied on that you've given us? Mr. Linn: As far as the pension changes are concerned, in my opinion the pension changes comply with all of the applicable requirements of Florida law. Commissioner Suarez: So what you're saying is that the process that was taken to come to this point and to have this ordinance before us was a legal process? Mr. Linn: Yes, sir. Commissioner Suarez: Mr. Manager, this item came before us once before on first reading, correct? Mr. Migoya: That is correct, sir. Commissioner Suarez: And it passed unanimously on first reading? Mr. Migoya: I believe so. Commissioner Suarez: And based on this information, you constructed a balanced budget? Mr. Migoya: Yes, we have, sir. Chair Sarnoff. All right. Commissioner Dunn. Commissioner Dunn: Mr. Chairman, just would like to ask the Manager just to, once again, reiterate what the alternative was if we did not pass this as part of the budget that was purported to us on this Commission. City ofMiami Page 31 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Mr. Migoya: Well, obviously, this is a -- the pension that we're talking about here is a piece of many other places that we had here. We did have a $115 million deficit of which we were trying to manage. This is one piece of the entire puzzle that we tried to put together in which how to balance this budget. It was about salary reductions, health care changes, and pension amendments. If we hadn't done these things, in addition to some of the fees that you previously passed in this meeting, we would have had to at least lay off approximately no less than 1,300 employees or about a third of the staff of the City ofMiami, which is what the number would have been to be able to manage and balance that budget. Commissioner Dunn: When you say -- Mr. Chair. Chair Sarnoff You're recognized. Commissioner Dunn: When you say lay off approximately 1,300 employees in the City ofMiami, in terms of the unions that are being represented, was there a number attached -- approximate number attached to each one of those workforce areas or unions? Mr. Migoya: Yes, Mr. Commissioner. We did an approximate number by department, by union, which included obviously an across-the-board throughout all the different unions and all the different departments. Chair Sarnoff Can you just tell us what it was? Mr. Migoya: I don't have with me today what the approximate would have been for the lay offs. I can tell you right now what the cuts are in salaries and reductions on the pensions for what we implemented. But I can't -- Chair Sarnoff No. I understand what we did, but if we didn't do it, would you have just done away with Parks, would you have done away with sanitation, would you have done it across-the-board, would you have done it by union, would you have done it by seniority, would you have done it by first hires? How would you have done this? Mr. Migoya: Well, we obviously had to deal with all the different levels. We would have had to reduce police officers, we would have had to reduce firefighters, we would have had to close down many of the different stations. We would have definitely impacted all the Parks programs. We would have definitely had to deal with administrative staff as well. It was just an across-the-board lay off in every department of the City ofMiami, and everything from Building and Zoning to Police and Fires to Parks. You name it. We would have had a complete across-the-board reduction of staff of about a third of it. In some cases, it would be more. In some cases, it would be less. But you basically could look at every department and it would be down at least a third. And what you see today in service levels, Solid Waste and all the other ones would have been completely different than it is today. We obviously did not go to the nth degree of analyzing that because as we went through all the discussions with you and started feeling more comfortable that this was a more acceptable decision in how to go about it, we focused our -- a way to do this 'cause if we would have eliminated a third of the staff of the City ofMiami, not only would we had devastated 1,300 families in addition to everything else we had going on, we would have also brought the service levels to the City ofMiami in all different areas way below the acceptable levels. Chair Sarnoff Thank you. Commissioner Gort. Commissioner Gort: My understanding is from the conversations that I hear from the people that are here, a lot of individuals here believe that they're going to lose the -- all the benefit they had achieved up to today. Could you go over that, please? City ofMiami Page 32 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Mr. Migoya: As it relates to the pension? Commissioner Gort: Yes. Mr. Migoya: We are not impacting -- andl think Mr. Linn will probably do a better job than that. But we are not impacting any of the benefits that they've already earned at this point in time. Mr. Linn. Commissioner Gort: My understanding also they discussed about the vacation being accumulated. Mr. Migoya: Obviously, not related to this item. But any vacation that has been earned or will be earned through September 30, 2010, any 1"days or, you know, any kind of sick days whatsoever that the person would have earned through September 30, 2010 is earned and will be entitled to that person at their appropriate time, usually when it's retired or leave or any other emergency time that we feel they can be paid at that point in time. But they -- that -- we are not talking about taking anything away that has been earned through September 30, 2010. Commissioner Gort: Thank you. Commissioner Dunn: Mr. Chair. Chair Sarnoff Go ahead. You're recognized. Commissioner Dunn: So in essence, if a person has already -- and I heard you, but I just want to put it on the record -- has earned sick time and vacation time up to September the 30 of this year, whatever they have accrued in the past, that will not -- you're saying that will not be lost? Mr. Migoya: No, sir, it will not be lost. Commissioner Dunn: Thank you very much. Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. I think many of you -- I know the Commissioners, the employees, and so forth have -- that's been following this know the questions that I've asked over this process, the answers we received, so I'm not going to be redundant with the same questions and so forth. However, I think we have -- are way past the turning back because it's my understanding right now if this would be voted down three days before we need a balanced budget, it would throw the City into chaos. Is that correct, Mr. Manager? Mr. Migoya: I would probably have to agree with that, sir. Vice Chair Carollo: In other words, if this was not passed today, is there a plan B? Mr. Migoya: You're -- I can't think of anyone right now, sir. Vice Chair Carollo: Therefore -- I mean, there -- it seems to me that we have no choice but to pass this so the City doesn't go into chaos and then see -- you know, have a balanced budget because we're three days from having a balanced budget or from having to approve a balanced budget? Mr. Migoya: That's correct, sir. City ofMiami Page 33 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 SP.11 10-01093 Department of Employee Relations Vice Chair Carollo: Thank you. Chair Sarnoff All right. Any further discussion, gentlemen? Hearing no further discussion, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Pamela L. Latimore (Assistant City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Latimore: The ordinance passes, 5-0. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40, ARTICLE IV, DIVISION 3 ENTITLED "PERSONNEL/PENSION AND RETIREMENT PLAN/CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, MORE PARTICULARLY BY AMENDING SECTIONS 40-241, 40-246 AND 40-255 MAKING CHANGES TO THE NORMAL RETIREMENT DATE, BENEFIT FORMULA, MAXIMUM BENEFIT, NORMAL BENEFIT FORM, AND AVERAGE FINAL COMPENSATION; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01093 Legislation.pdf 10-01093 SR Summary Form.pdf 10-01093 SR Legislation.pdf Motion by Commissioner Suarez, seconded by 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 13203 Chair Sarnoff SP.11. Julie O. Bru (City Attorney): Mr. Chair, SP.11 is an ordinance that amends the retirement plan for the General Employees' and Sanitation Employees' Retirement Trust, and Mr. Linn can give you some of the details. Chair Sarnoff You're recognized for the record, Mr. Linn. James Linn: Mr. Chairman, Commissioners, this is the ordinance making changes to the General Employees' and Sanitation Employees' Retirement Trust that you passed on first reading. There are several technical changes to the ordinance that will briefly review since first reading. In -- on page 2, in the definition of average final compensation, the word l'onsecutive'has been deleted from the highest five years of the last ten years of service. On page 3, under member contributions, a change has been made such that the 13 percent contribution rate is going to apply to all members, not just bargaining unit members. Also on the same page under the service retirement amendment, a phrase was added to clam that anyone who has attained eligibility for service retirement would retain the current eligibility provisions. That is the Rule of 70 and age 55 or 10 years of service. There was also an addition on page 4 concerning the new Rule of 80 eligibility provision; that it was a technical deletion of a phrase also on the accrued benefit provision on page 4, deleting the language Ih lieu of any other City ofMiami Page 34 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 benefit. "There was an addition on page 5 stating that if -- in terms of a vested right to retirement, that if a member is not entitled to retire on either service retirement or early service retirement, the member may elect to continue as a member not in service and retire upon attainment of age 60. That was added. And there was a minor language clarification on the very last page concerning the limitation of benefits to conform average final compensation to the term as defined in the plan and to insert language to clarify that the limitation, the $100, 000 limitation, is to be based on the benefit as of retirement or entry into the DROP (Deferred Retirement Option Plans). Those are the charges since first reading, Mr. Chairman. The City has received an actuarial impact statement -- one actuarial impact statement for this ordinance, which has been provided to the State in accordance with state law. And that actuarial impact statement reflects a reduction in the City's required contribution from $35.5 million to $18.3 million for the coming fiscal year, which results in about a $17.2 million savings. I'll be happy to answer any questions that the Commission might have. Chair Sarnofff. All right. Let me open up to a public hearing. Does anybody from the public wish to be heard on SP.11, please step up. You're recognized for the record, Mr. Silver. Ron Silver: Thank you. Ron Silver, attorney for the City ofMiami General Employees' and Sanitation Employees' Retirement Trust. I'm at 407 Lincoln Road, Miami Beach. Made it through that part. I just want to indicate to you how I'm approaching this particular matter. I believe the ordinance, in some certain respects, has different affects upon individuals and that's -- you have to do it case -by -case basis when individual comes in. The basic understanding that have is that the City cannot do anything by virtue of an ordinance that would affect anybody's right to benefits where the individual is either retired or eligible to retire. It is my belief in some certain situations, that this ordinance does do that. It does affect the benefits that some individuals are going to be entitled to who are eligible to retire. I'm not sure I can say that somebody's retired is being affected by this. But eligible to retire, that might be affected. So all I'm here to tell you is this that to that extent, I object to the ordinance if it does do that with regard to certain individuals, and that I'll -- what will advise my board is that when it comes to administering the plan, as we are required to do, ifI feel that something is in violation of the ordinance with regard to a certain individual, I would advise them not to adhere to the ordinance. And then, you know, if somebody objects to that, then we'll go to court or go to a hearing or whatever, but it's not rocket science. Whatever it is, if we disagree, we'll do that. But I have an obligation to advise my board as to what I believe the legal requirements are and we will continue to do that. Thank you. Chair Sarnofff. Thank you. Mr. Silver: Any questions? Okay. Chair Sarnofff. You're recognized for the record. Joe Simmons, Jr.: Joe Simmons Jr., president ofAFSCME (American Federation of State, County, and Municipal Employees), Local 871, representing sanitation workers. This ordinance before you -- last year, if you recall, last year September of 09, we opened our contract and we offered some considerations and we received some. We took concessions. This here violates that agreement. So as it stands, we've been advised by our counsel this action will be considered an unfair labor practice charge. I understand what the City may be attempting to do, butl think that this may not -- this may be the wrong method of doing it -- you going about doing it because meanwhile, all of this litigation that's taking place -- and I've been advised to make that comment on the record because when it comes to the minimum contribution, we agreed to raise pension contributions from 10 percent to 13 percent. In that MOU (Memorandum of Understanding), effective October 1, it reverts back to the standard 10 percent. I don't know if he looked at that, but that needs to be looked at, and that was part of -- there were certain things that were proffered and there was consideration received as a result of that proffering. I ask you to City ofMiami Page 35 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 reconsider this motion. Thank you. Chair Sarnofff. Thank you. Anyone else wishing to be heard on SP.11, please step up. Hearing none, seeing none, the public hearing is now closed. Is there a motion? Commissioner Suarez: Move it for discussion. Chair Sarnofff. Motion by Commissioner Suarez -- Commissioner Dunn: Second. Chair Sarnofff. -- seconded by Commissioner Dunn. Commissioner Suarez is recognized for the record. Commissioner Suarez: Thank you, Mr. Chairman. Mr. Linn, is this ordinance -- does this ordinance in any way affect people who are eligible to retire? Mr. Linn: Yes, sir, it does. It reduces the future benefit accruals of members who have reached retirement eligibility. It does not reduce in any way the benefits that they've already accrued in the past. Commissioner Suarez: And is that legal? Mr. Linn: In my opinion, yes, it is. Commissioner Suarez: Any other action that's taken pursuant to your advice that this process is legal, can you repeat that -- the same statement that you made in the last item, please? Mr. Linn: Certainly. In my opinion, the process that this Commission has followed in coming to these amendments to the General Employees' and Sanitation Employees' Retirement Trust meet all of the requirements of Florida law. Commissioner Suarez: And can you confirm that it's a process that we've been advised to follow? Mr. Linn: Yes, you have been advised to follow, and you followed it. Commissioner Suarez: Thank you. Chair Sarnofff. Commissioner Dunn. Commissioner Dunn: No. I just wanted to sort of just reiterate what Commissioner Suarez said in terms of -- just could you again state for the record -- well, let me ask the Manager. Mr. Manager -- I'm sorry -- just -- could you again just state for the record what the alternative is for the City if we don't pass this. Carlos A. Migoya (City Manager): If we hadn't taken all the actions that we have taken to date, including the adjustments that we've done to both our retirement funds, we would have had to terminate minimum of 1,300 employees or approximately one-third of the staff of the entire City. Commissioner Dunn: Okay. Chair Sarnofff. All right. Anyone else wishing to be heard on SP.11 ? Vice Chair Carollo: Mr. Chairman. City ofMiami Page 36 Printed on 10/25/2010 City Commission Meeting Minutes September 27, 2010 Chair Sarnoff Vice Chair is recognized. Vice Chair Carollo: Thank you, Mr. Chairman. And again, real quick, I just think that we're so far along in this process that once again, if we vote this down, we'll throw the City into chaos. I don't think there is a plan B, and we're three days away from needing to have a balanced budget. Therefore, I don't think we have any other alternative. Thank you. Chair Sarnoff All right. Anyone else wishing to be heard? Hearing none, Madam City Attorney, it is an ordinance. Ms. Bru: Yes, it is. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Your roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 5-0. Chair Sarnoff All right. Do we adjourn this meeting? Ms. Thompson: Yes, sir, you do. Chair Sarnoff Is -- we have a motion to adjourn? Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Sarnoff All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff Let's take a 15-minutes recess. You're going to need some time to reset, are you not, Madam Clerk? Ms. Thompson: That is correct. Chair Sarnoff Okay. END OF SECOND READING ORDINANCES ADJOURNMENT A motion was made by Commissioner Dunn, seconded by Commissioner Suarez, and was passed unanimously, to adjourn today's meeting. City ofMiami Page 37 Printed on 10/25/2010