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HomeMy WebLinkAboutCC 2010-11-18 MinutesCity of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, November 18, 2010 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Marc David Sarnoff, Chairman Frank Carollo, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Francis Suarez, Commissioner District Four Richard P. Dunn 11, Commissioner District Five Carlos A. Migoya, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes November 18, 2010 CONTENTS PR - PRESENTATIONS AND PROCLAMATIONS MV - MAYORAL VETOES AM -APPROVING MINUTES CA - CONSENT AGENDA PH - PUBLIC HEARINGS SR - SECOND READING ORDINANCES FR - FIRST READING ORDINANCES RE - RESOLUTIONS BC - BOARDS AND COMMITTEES DI - DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS M - MAYOR'S ITEMS D1 - DISTRICT 1 ITEMS D2 - DISTRICT 2 ITEMS D3 - DISTRICT 3 ITEMS D4 - DISTRICT 4 ITEMS D5 - DISTRICT 5 ITEMS Minutes are transcribed verbatim. Periodically, agenda items are revisited during a meeting. [Later...J'fefers to discussions that were interrupted and later continued. City ofMiami Page 2 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 8:30 A.M. PRESENTATIONS AND PROCLAMATIONS PR.1 10-01315 PRESENTATION Honoree NET and Homeless Assistance Program Haydee Wheeler, NET Administrator Sergio Torres, Homeless Assistance Program Presenter Protocol Item Commissioner Suarez Certificates of Appreciation Special Presentation Chairman Sarnoff Video Clip of Advances in Training City of Miami Police Department and the New Miami Police College as an International Model for Law Enforcement Education 10-01315 Protocol.pdf PRESENTED Chair Sarnofff. We'll now make the presentations and proclamations. Presentations made. Chair Sarnoff presented a Certificate of Commendation to Robert Loupo, Co -Chair of All Grove Crime Watch, honoring his exemplary record of public service and outstanding collaborative work to elevate the quality of life in Coconut Grove neighborhoods by keeping Grove citizens safe. Commissioner Suarez presented Certificates of Appreciation to Haydee Wheeler, Sergio Torres, and Carlos Vazquez, honoring their exemplary record of public service, in addition to their outstanding efforts to keep our citizens safe and comfortable by responding to emergency housing needs by accessing a comprehensive network of municipal resources resulting in a coming together of community forces to address the local crisis of homelessness. Chair Sarnoff recognized Miami Police Chief Miguel Exposito who presented a video pertaining to the new Miami Police College as an international model for law enforcement. 9:00 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE Present: Commissioner Gort, Chairman Sarnoff, Vice Chairman Carollo, Commissioner Suarez and Commissioner Dunn II On the 18th day of November 2010, the City Commission of the City ofMiami, Florida, met at its regular meeting place in City Hall, 3500 Pan American Drive, Miami, Florida, in regular City ofMiami Page 3 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 session. The meeting was called to order by Chair Sarnoff at 9:43 a.m., recessed at 12: 34 p.m., reconvened at 1: 32 p.m., recessed at 4: 31 p.m., reconvened at 5: 39 p.m., and adjourned at 6: 08 p.m. Note for the record: Vice Chair Carollo entered the chambers at 9: 46 a.m. ALSO PRESENT: Julie O. Bru, City Attorney Carlos A. Migoya, City Manager Priscilla A. Thompson, City Clerk Pamela L. Latimore, Assistant City Clerk Chair Sarnofff. (INAUDIBLE) 2010 meeting of the City ofMiami Commission in these historic chambers. The members of the City Commission are Frank Carollo, the Vice Chair, who will be with us in five minutes; Francis Suarez; W fredo Gort, who you've just seen sworn in in what think was the most tasteful ceremony I've ever seen; the Honorable Reverend Richard P. Dunn, and myself, Marc David Sarnoff, the Chairman. Also on the dais are Carlos A. Migoya, the City Manager, Julie O. Bru, the City Attorney, and Priscilla A. Thompson, the City Clerk. The meeting will be opened with a prayer by Commissioner Dunn, the pledge of allegiance led by Commissioner Suarez. Let's start with the prayer. Invocation and pledge of allegiance delivered. MAYORAL VETOES NO MAYORAL VETOES Chair Sarnofff. All right, Madam Clerk, are there any Mayoral vetoes? Priscilla A. Thompson (City Clerk): No, sir, there are not. APPROVING THE MINUTES OF THE FOLLOWING MEETING: Motion by Commissioner Suarez, seconded by Commissioner Dunn II, to APPROVED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II Chair Sarnofff. Are there any approval of minutes for a previous meeting? Priscilla A. Thompson (City Clerk): Yes, sir. We have one set of minutes for approval. It would be for the regular meeting of October 14, 2010. Chair Sarnofff. All right. Is there a motion? Commissioner Suarez: So move. Chair Sarnofff. Motion by -- Commissioner Dunn: Second. Chair Sarnofff. -- Commissioner Suarez, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Ms. Thompson: Thank you. City ofMiami Page 4 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 ORDER OF THE DAY Chair Sarnoff Any other matters from you, Madam Clerk? Ms. Thompson: Nothing. Chair Sarnoff Okay . END OF APPROVING MINUTES Chair Sarnoff All right, we'll now begin the regular meeting. The City Attorney will state the procedures that will be followed during this meeting. Julie O. Bru (City Attorney): Good morning, Mr. Chair, members of the Commission, Mr. Manager, Madam Clerk, Mr. Mayor. Any person who's a lobbyist must register with the City Clerk before appearing before the City Commission. A copy of the Code section about lobbyists is available in the City Clerk's office. You should know that the material for each item on this agenda is available during business hours at the City Clerk's office, or you can also access it online at www.miamigov.com. There are no cell phones or other noise -making devices permitted in the Commission chambers. Please silence them now. Anyone who wishes to appeal any decision made by the City Commission for any matter considered at this meeting may need a verbatim record of the item. Persons who require assistance due to any disabilities, if you need any auxiliary aids to address the Commission, please see the City Clerk now. And the Chairman will announce the -- any items that are going to be continued. The Manager will address that too, and the Chairman will announce the timing of this Commission meeting. There's also a P&Z meeting today, a planning and zoning meeting that will commence after 10 o'clock. [Later...] Chair Sarnoff Gentlemen, long agenda. I'm going to just -- your agenda -- it's all of our agendas, so long agenda. You'll never make it through it; I'll tell you that right now. Commissioner Suarez: As the Mayor told me before, defer, defer, defer. No. Chair Sarnoff Right, which is fine. This is an important issue. However, I've just been -- as the Clerk came over to me, we will lose our interpreter for the PHs (Public Hearings) at 1 o'clock. Vice Chair Carollo: Let's -- Chair Sarnoff So -- Vice Chair Carollo: -- move to it. Chair Sarnoff Well, let's finish this. Commissioner Gort: Question. Can we officially serve as an interpreter? Priscilla A. Thompson (City Clerk): Sign language. Commissioner Gort: Oh, sigh. Okay, no. That I can't help. Chair Sarnoff So let's finish this discussion and -- but I've just given you a heads -up. You're not going to get through your agenda today. Alice Bravo (Director, Capital Improvements Program): Okay. City ofMiami Page 5 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnofff. So let's start picking and choosing. All right. Vice Chair Carollo: Let's start picking and choosing. Ms. Bravo: I'll speed it up. Chair Sarnofff. Right. So when we take your lunch, pick out what you don't want to hear. You will not make it through your agenda today. Vice Chair Carollo: And even lunch -- and I think some of us have, you know, other events. I know I have an event in my district that need to -- well, I'm participating and I'm supporting. Chair Sarnofff. What time? Vice Chair Carollo: 4, 4: 30, this and that. And even then, I'll be late, butt know I'm participating. You know, I'm feeding some of the needy. Chair Sarnofff. What do you want to do for lunch? Let me ask -- 'cause I propose we work 'til 1. Is everybody okay with that? Vice Chair Carollo: But -- okay, but what do we accomplish? You're saying we do the PHs (Public Hearings). Chair Sarnofff. I get the PHs done andl don't cost the taxpayers any more money by having an interpreter stay longer. Vice Chair Carollo: Okay, but then as far as lunch, we take off for lunch at 1 'til when? Chair Sarnofff. 2? I mean, I'm trying to restrict the amount of time so that we could get as much of this done as possible. Vice Chair Carollo: Oh. Chair Sarnofff. I think there's nothing we could do for your 4: 30 or 4 o'clock. Vice Chair Carollo: No, I hear you. Chair Sarnofff. You could just be off the dais. But we'll make sure we don't touch something that -- you give us the list of things you don't want heard. Vice Chair Carollo: You got it. Chair Sarnofff. All right? Is that all right with everybody? Commissioner Gort? Commissioner Gort: (UNINTET,TIGIBT,F) if we could leave about 20 'til 1 'cause I need to -- Chair Sarnofff. Well, we'll break at 12: 30. Commissioner Gort: Okay, perfect. Chair Sarnofff. Not a problem. Can we just take one hour for lunch, gentlemen? Vice Chair Carollo: Let me -- hold on. Commissioner Gort, do you need an hour or could it be less? City ofMiami Page 6 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: No, no. All need is ten minutes. I have to go -- we have a new press release that we're getting out for my district andl would like to go and -- Vice Chair Carollo: Let me ask my colleagues, and you all know that always say, hey, we need to break for lunch and so forth, just, you know, procedure and so forth, but is it possible to have a 30-minute lunch today from 12: 30 to 1: 00? Only because, you know, the amount of items in our agenda and so forth. Commissioner Gort: I don't have any problem. Chair Sarnofff. It's okay with me. What's that? Commissioner Suarez: As long as I can get to Burger King quick enough. Commissioner Gort: We can bring sandwiches here. Vice Chair Carollo: Let's do it. Chair Sarnofff. All right. So the break will be from 12: 30 'til 1 o'clock. I will tell you this, at 6:30, I have to break from this Commission andl will not be coming back. Now the only reason I say that is it's also a Dolphins game. Some of you may wish to get home for that game. It's up to you guys, but you'll be chairing from about 6 -- Vice Chair Carollo: If I'm back at that time. Chair Sarnofff. Fair enough. Okay. Vice Chair Carollo: So we'll -- Chair Sarnofff. Just scheduling. Vice Chair Carollo: Let's just see how much we get through -- Chair Sarnofff. All right. Vice Chair Carollo: -- and then we'll get a better sense for where we're at, you know, closer in the afternoon. [Later..] Chair Sarnofff. All right. We're back on the record. I apologize, gentlemen. I did not do the order of the day. And by not doing the order of the day, I do not know what the Administration wishes to pull andl don't know what you wish to pull. So let me take the Administration's issues first. Mr. Manager, if you would tell me what you'd like to pull on this agenda and on the P&Z (Planning & Zoning) agenda, we can then sort of see where we stand today. Carlos A. Migoya (City Manager): Thank you, Mr. Chairman. We'd like to -- there's three items we would like to continue for December 16. Those are FR.2, RE.5, and PZ.13. Chair Sarnofff. All right. Does somebody want to make a motion for the --? Commissioner Gort: Move it. Vice Chair Carollo: So move. City ofMiami Page 7 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Migoya: We got -- Commissioner Gort: Second. Mr. Migoya: -- two more items. Chair Sarnoff I'm sorry, continue. Keep going. I apologize. Mr. Migoya: There's two more things. You guys are moving ahead quickly. I'll move quickly with you. We want to withdraw RE.15. And we would like to defer item PZ.14 'til January 27, 2011. That will be the last and final deferral on this item. Chair Sarnoff All right. Is that --? That's the Administration's -- one more. Vice Chair Carollo: And Mr. Chairman -- Chair Sarnoff Let's just get them and then we'll do us separately. Vice Chair Carollo: I actually -- I just want -- Mr. Migoya: I apologize -- we -- Vice Chair Carollo: -- if possible, if they could repeat it, all of them. Mr. Migoya: I'm going to repeat it again. I'm going to actually make one change on this if you don't mind. We'd like to continue to December 16 both items FR.2 and RE.5. Chair Sarnoff December -- Mr. Migoya: Sixteenth, the next -- Chair Sarnoff -- 16. Mr. Migoya: -- meeting. And then PZ.13, I'm correcting. I'd like to defer that 'til January 27, I guess is the date. Commissioner Gort: Which one? Mr. Migoya: Jan -- PZ.13. Commissioner Gort: PZ -- Mr. Migoya: 13. Commissioner Gort: -- 13, okay. Mr. Migoya: And then PZ.14, we'd also like to defer to January 27, but on this item, that'll be the last and final deferral on that item. Chair Sarnoff All right. You had also mentioned a withdrawal of RE.15. Mr. Migoya: 15. And RE.4, I understand, is also a deferral to -- Chair Sarnoff Withdrawal. City ofMiami Page 8 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Migoya: -- December 16. Chair Sarnoff A continuance to December 16 -- Mr. Migoya: Continue -- Chair Sarnoff -- on RE. 4. Mr. Migoya: -- on RE. 4. Chair Sarnoff All right. Is that all you want? Is that the Admin --? I'll let you get -- consult. Mr. Migoya: And one more. Chair Sarnoff Okay. Mr. Migoya: And PZ.17 -- Chair Sarnoff Right. Mr. Migoya: -- defer it to the second meeting in March 2011. Ms. Thompson: March 24. Mr. Migoya: March 24. Chair Sarnoff All right. Everybody now understand what the Administration's asking for? Vice Chair Carollo: No. If you give me a second, I need to go over them and see exactly what -- Ms. Thompson: May I, Chair? Chair Sarnoff You want to recite them? Ms. Thompson: Yes. Chair Sarnoff Absolutely. Vice Chair Carollo: Could you give me a second, Madam City Clerk? Ms. Thompson: Okay. Vice Chair Carollo: Go ahead. Ms. Thompson: Okay. According to my notes, the Manager is continuing to the December 16 meeting FR, first reading, 2, RE.4, RE.5. He's withdrawing -from this agenda RE.15. He's deferring to the January 27, 2011 meeting PZs 13 and 14, and then deferring to March 24 meeting PZ.17. Is that correct, sir? Chair Sarnoff That's what I have down. Mr. Migoya: That's correct. Ms. Thompson: Thank you. City ofMiami Page 9 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnofff. All right. Is there a motion? Commissioner Gort: Move it. Chair Sarnofff. Motion by Commissioner Gort, second by the Vice Chair. Vice Chair Carollo: Second. Chair Sarnofff. Discussion. Vice Chair is recognized. Vice Chair Carollo: Yeah, quick question. Why are we deferring PZ.13? I mean, I'm okay with the deferral. I just -- I had issues with this, as you very well know, andl really wanted to bring some of these up for a discussion. I mean, I don't mind deferring it. I know it's a big agenda, but you know, as you very well know, Mr. Director, I've had issues with this, with the tree ordinance. Francisco Garcia: Francisco Garcia, Planning director. Thank you, Vice Chair. Yes, indeed, you and others have expressed concerns about the clarity of the item. And as it turns out, yesterday when we presented it to the PZAB (Planning, Zoning and Appeals Board), they, too, found certain items somewhat confusing and requested that we take it back to committee and further revise it to add clarity to it. We committed to them that we would do so, and as a result, we are asking for a continuance today so that we can perfect it, and we'll certainly continue to work with everyone involved to get it done better. Vice Chair Carollo: Okay. My issue with that is while everyone is confused because -- I know we spoke about it in great length yesterday, and it seems to me like what you were telling me, it's in total contradiction from Code Enforcement told me a few minutes ago. Since everyone is confused about this, my question is, why are people still being cited, because that's what's happening? People are being cited, and it seems to me like no one really knows what the rule is or what's going on with this. Andl have a problem with that because, you know, there's people in my district that are being cited and it seems like no one really knows what's going on with this. Mr. Garcia: Fair question, sir. I will answer the first half of that. And perhaps I can defer to the Code Enforcement staff to answer the second half. The first half is this. There is an ordinance presently in place. And the ordinance that is presently in place can certainly be enforced. Now the ordinance that is presently in place is itself confusing. So the issue for Planning is that the ordinance that's being proposed to amend the present ordinance is also confusing. We want to get that right. So when we bring it back to you, everything should be clamed. Nonetheless, the ordinance, I should stress, is still in place presently and that is an issue for Code Enforcement to address, whether or not it's enforceable or how they're going about the enforcement procedures. Vice Chair Carollo: And again, I don't have a problem deferring this. I think my main issue is that, in the meantime, people are still being cited and all these ordinance are all confusing and no one really knows, you know, what ANSI (American National Standards Institute) is or what we need to do or how to read it or so forth. And you know, in the meantime, I think innocent individuals are being cited. And -- you know, so I don't know how to fix the situation, but you know, I'm frustrated with this. Mr. Garcia: I understand, sir. We're trying to make it better, and we're taking a little while longer to actually try to get it right, and we'll be back with you soon on this, probably in the next couple of months. Chair Sarnofff. Commissioner Gort. City ofMiami Page 10 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: If you're confused -- I love trees, but I don't know the difference between one and another one. I might know what a hibiscus looks like and so on, but think the biggest problem there is, nobody knows what the ordinance is. Nobody's aware that there is an ordinance in existence. Somehow we have to inform our residents that there is one in -- that's going to be enforced. They should be informed that they're going to be enforced and how they'll be enforced. And if they were going to cut a tree or do something, they need to pull a permit. But I need -- we need to educate our community. I mean, people -- I can tell you in my district, I have -- just before the hurricane, everybody tells them, cut the trees down because the hurricanes are coming and people cut the trees down. I mean, we ask them to cut them down because the hurricanes are coming, but then there's certain ways they could be cut and there's certain things they can and cannot and people need to know. We need to inform people. Vice Chair Carollo: And Commissioner Gort, the reason why I'm bringing this up is, in the meantime, the way they're being informed is with a citation. Commissioner Gort: Right. Vice Chair Carollo: Boom, there it is. And realistically, you're catching people off -guard, on, you know, surprise. They don't know what's going on. You start explaining about the ANSI or however you -- I don't know what's the pronunciation of it. And realistically, everyone thinks you're crazy, but in the meantime, they're being cited and it's causing a problem, at least in my district. Mr. Garcia: We understand certainly and accept the fact that education is an important component to this. And when we bring this item back to you for consideration, we will have an educational program in place to show you for it as well, and we'll be working towards that in the next couple of months. Chair Sarnoff. All right. So right now we have -- I don't know if we have a motion. Ms. Thompson: Yes. We have a motion and a second. We just need the vote. Chair Sarnoff. All right. Vice Chair Carollo: I second it. Ms. Thompson: Yes. Chair Sarnoff. All right. So we have a motion, we have a second. All in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. Vice Chair Carollo: And Mr. Chairman. Chair Sarnoff Yeah. Vice Chair Carollo: Just one more thing andl apologize. Can you -- Madam City Clerk, can you just go through 'em real quickly? Ms. Thompson: Sure. No problem. Ready? Vice Chair Carollo: Um -hum. City ofMiami Page 11 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Ms. Thompson: Continuing to the meeting of December 16, first reading 2, FR.2, RE.4, RE. 5; withdrawn, RE.15; deferred to the January 27, 2011 meeting, PZ.13 and PZ.14; and then deferred to the March 24 meeting, PZ.17. Chair Sarnoff All right. Is there any Commissioners who wish to have any items pulled, deferred, changed, modified from this agenda? All right, I'm going to ask somebody to make a motion for PZ.16, and we'll put it to the -- Vice Chair Carollo: So moved. Chair Sarnoff -- January. All right, we have a motion by the Vice Chair. Commissioner Suarez: Second. Chair Sarnoff Second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. Chair Sarnoff Okay. All right, I think we're ready to go. Vice Chair Carollo: I'm going to have one more. Chair Sarnoff Go ahead. Vice Chair Carollo: If we could defer PZ.15 to the January -- the second meeting in January, the PZ meeting in January. PZ.15. Chair Sarnoff There's a motion by the Vice Chair -- Commissioner Suarez: Second. Chair Sarnoff -- second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye.' The Commission (Collectively): Aye. Chair Sarnoff Any others? All right. Did we --? Ms. Thompson: Now, Chair, if you would allow me, before we move from the order of the day, if we can do some housekeeping. I just need to find out if there's anyone here that needs a Spanish or Creole interpreter. If we do not, then I can dismiss those individ -- our interpreters. The City Clerk's comments were translated by the official Spanish and Creole interpreters. Ms. Thompson: Thank you, Chair. Chair Sarnoff Thank you, ma'am -- Madam Clerk. [Later..] Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff All right, Commissioner Suarez is recognized for the record. City ofMiami Page 12 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: I just -- I have to go for a few -- maybe half an hour, 45 minutes. I have to go to the MPO (Metropolitan Planning Organization) to -- for an item, the item that we actually voted on in the last Commission meeting. So I don't -- I mean, there's nothing here that I can't -- that needs to be tabled in my absence, except for -- if we get to Planning & Zoning, there's one item that has to do with my district, which is PZ.1. Chair Sarnoff PZ.1. Commissioner Suarez: Just one. Chair Sarnoff All right. We will -- Commissioner Suarez: It should be -- shouldn't take -- Chair Sarnoff -- hold PZ.1 until you get back. Commissioner Suarez: Thank you. Chair Sarnoff All right. And I've been on the MPO; I know the feeling. What hearing are you going to go to? So I appreciate your feelings. Just go out there and get us some money. [Later..] Chair Sarnoff All right. The -- Vice Chair Carollo: Mr. -- Chair Sarnoff Go ahead. Vice Chair Carollo: -- Chairman. Chair Sarnoff Yes, sir. Vice Chair Carollo: Real quick. I know at 3: 30, we were also scheduled for the CRA (Community Redevelopment Agency) meeting. Chair Sarnoff Correct. Vice Chair Carollo: It is now 4: 30. As I mentioned, I have an event that I am supporting. It's regarding homeless. It's actually feeding a lot of the needy and so forth in my district, so I'm going to be leaving soon. However, the CRA was scheduled for 3: 30. I know this was also a time certain for 3: 30. So can I respectfully request that we open up the CRA -- the Omni CRA meeting --? I have a pocket item. I think it's something very reasonable. So would you entertain opening up the CRA meeting? Chair Sarnoff Yeah. She has -- what she has -- let's -- what we're going to do is we're going to adjour -- not adjourn -- yes, we're going to adjourn this meeting. Vice Chair Carollo: No. Chair Sarnoff No? Priscilla A. Thompson (City Clerk): We're going to recess -- City ofMiami Page 13 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 CA.1 10-01174 Department of Employee Relations Chair Sarnoff Recess -- Vice Chair Carollo: Recess. Chair Sarnoff -- this meeting, andl know she's going to need to some time to reset a tape. Let's get the CRA books out here and then we're take your pocket item up first. Vice Chair Carollo: Thank you. I want to make sure everybody -- Ms. Thompson: Ladies and gentlemen, we are getting ready to set up for the CRA meetings. Correct, Chair? Chair Sarnoff CRA meetings. Ms. Thompson: CRA meetings. If you are speaking on any CRA item, we do need you to sign up to speak on a CRA item. We have your sign -in sheets right here. Thank you. CONSENT AGENDA RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") NO. 220240, THAT MOUNT SINAI MEDICAL CENTER, IS THE HIGHEST -RANKED FIRM, IN THE BEST INTEREST, AND MOST ADVANTAGEOUS TO THE CITY OF MIAMI TO PROVIDE PHYSICAL EXAMINATION SERVICES, FOR THE DEPARTMENT OF EMPLOYEE RELATIONS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("PSA"), IN SUBSTANTIALLY THE ATTACHED FORM, FOR A PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENTS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; SHOULD NEGOTIATIONS FAIL WITH THE HIGHEST RANKED FIRM, THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE AND EXECUTE A PSA WITH THE SECOND -HIGHEST RANKED FIRM, MERCY MEDICAL DEVELOPMENT D/B/A MERCY OUTPATIENT CENTER; SHOULD NEGOTIATIONS FAIL WITH THE SECOND -HIGHEST RANKED FIRM, THE CITY MANAGER IS AUTHORIZED TO NEGOTIATE AND EXECUTE A PSA WITH THE THIRD -HIGHEST RANKED FIRM, METRO-DADE FIREFIGHTERS WELLNESS CENTER; AND SHOULD NEGOTIATIONS FAIL WITH THE THIRD -HIGHEST RANKED FIRM, THE CITY MANAGER IS AUTHORIZED TO REJECT ALL PROPOSALS AND REISSUE AN RFP SOLICITATION. City ofMiami Page 14 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 CA.2 10-01193 Department of Purchasing CA.3 10-00959 Department of Parks and Recreation 10-01174 Summary Form.pdf 10-01174 Letter -Evaluation Committee.pdf 10-01174 Master Evaluation Form.pdf 10-01174 Memo -Evaluation Committee.pdf 10-01174 Legislation.pdf 10-01174 Exhibit 1.pdf 10-01174 Exhibit 2.pdf 10-01174 Exhibit 3.pdf 10-01174 Exhibit 4.pdf 10-01174 Exhibit 4.pdf 10-01174 Exhibit 5.pdf 10-01174 Exhibit 6.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0513 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BID RECEIVED SEPTEMBER 7, 2010, PURSUANT TO INVITATION FOR BID NO. 190151, FROM LIQUID 02 TRANSFILLS, INC., THE SOLE RESPONSIVE AND RESPONSIBLE BIDDER, FOR THE RENTAL OF CYLINDERS OF MEDICAL AND INDUSTRIAL GASES, SUPPLY AND REPAIRS, ON A CITYWIDE, AS- NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-01193 Summary Form.pdf 10-01193Award Recommendation Form.pdf 10-01193 Tabulation of Bid.pdf 10-01193 Detail By Entity Name.pdf 10-01193 Invitation for Bid.pdf 10-01193 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0514 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE BIDS RECEIVED JUNE 21, 2010, PURSUANT TO INVITATION FOR BID NO. 211224, FROM VARIOUS VENDORS, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDERS, AS City ofMiami Page 15 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 IDENTIFIED ON THE TABULATION SHEET, ATTACHED AND INCORPORATED, FOR THE PROVISION OF TRANSPORTATION SERVICES, CITYWIDE, ON AN AS -NEEDED CONTRACTUAL BASIS, FOR AN INITIAL CONTRACT PERIOD OF ONE (1) YEAR, WITH THE OPTION TO RENEW FOR FOUR (4) ADDITIONAL ONE (1) YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS OF THE USER DEPARTMENT, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED. 10-00959 Summary Form.pdf 10-00959 Tabulation Detailed.pdf 10-00959 Letter and Backup documents.pdf 10-00959 Invitation for Bid.pdf 10-00959 Legislation. pdf 10-00959 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0515 Direction by Vice Chair Carollo to the Administration to work with the District 3 Commission Office on this item to improve transportation services for various uses. Chair Sarnoff Does any other Commissioner has a pocket item that they want to bring up, a pocket? All right. Then let's go to the CAs (Consent Agendas) [sic]. Does any Commissioner wish to pull any of the CA items for discussion? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized for the record, the Vice Chair. Vice Chair Carollo: I don't want to pull any items. I just want to mention it, as far as CA. 3, directing the Administration to get together with me with regards to approving the transportation services; if some of this can actually be used for issues with regards to maybe elderly, believing that they're not going to receive the transportation to the supermarket or so forth and so on. So I don't want to pull it. I'm willing to approve it, but I do want the Administration to meet with me with regards to this. Mr. Migoya: Will do. Vice Chair Carollo: Thank you. Chair Sarnoff All right. So is there a motion to approve --? Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff Motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say "aye." The Commission (Collectively): Aye. City ofMiami Page 16 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 CA.4 10-01263 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT #1 TO THE 2009-10 HOTEL/MOTEL, HOMELESS MANAGEMENT INFORMATION SYSTEM ("HMIS") AND FEEDING AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY TO PROVIDE HOTEL/MOTEL ACCOMMODATION TO HOMELESS FAMILIES, STAFFING FOR HMIS AND FEEDING PROGRAM COORDINATION; ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010-11 HOMELESS HOTEL/MOTEL, HMIS AND FEEDING AGREEMENT" AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $152,166, CONSISTING OF A GRANT FROM THE MIAMI-DADE COUNTY HOMELESS TRUST; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT AWARD. 10-01263 Summary Form.pdf 10-01263 Scope of Services.pdf 10-01263 Homeless Assistance -Emergency Hotel. pdf 10-01263 Letter.pdf 10-01263 Extension Amendment 1.pdf 10-01263 Requirements Emergency Hotel Motel Placement.pdf 10-01263 Pre Legislation.pdf 10-01263 Pre Exhibit.pdf 10-01263 Legislation.pdf 10-01263 Exhibit 1.pdf CA.5 10-01264 This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0516 RESOLUTION Department of NET A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Administration ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE EXTENSION AND AMENDMENT #1 TO THE 2009-10 MEMORANDUM OF AGREEMENT- DISCHARGE PLANNING, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY TO PROVIDE EXTENDED OUTREACH, AND HOUSING SERVICES TO HOMELESS INDIVIDUALS REFERRED THROUGH THE MIAMI-DADE COUNTY JUDICIAL AND HEALTH SYSTEMS; ESTABLISHING A SPECIAL REVENUE PROJECT ENTITLED: "2010-11 MEMORANDUM OF AGREEMENT -DISCHARGE PLANNING", AND APPROPRIATING FUNDS, IN AN AMOUNT NOT TO EXCEED $340,000 CONSISTING OF GRANT FROM THE MIAMI-DADE COUNTY HOMELESS TRUST; AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANT City ofMiami Page 17 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 AWARD. 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 10-01264 Summary Form.pdf Revised Budget.pdf Extension Amendment 1.pdf Revised Budget Modification.pdf Letter. pdf Letter 1.pdf Letter and Backup documents.pdf Extension and Amendment 1 of the Agreement.pdf Memos and Legislation from Miami Dade.pdf Pre Summary Form and Pre Legislation with Backup. pdf Legislation. pdf Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0517 CA.6 RESOLUTION 10-01265 Department of Capital Improvements Program CA.7 10-01301 Office of Grants Administration A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING GRANTAWARD FUNDS IN AN AMOUNT NOT TO EXCEED $175,000, FROM THE FLORIDA INLAND NAVIGATION DISTRICT ("FIND"), FOR THE MIAMI MARINE STADIUM RESTORATION - PHASE I PROJECT ("PROJECT"); AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIND PROJECT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ANY OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE ACCEPTANCE AND ADMINISTRATION OF SAID GRANTAWARD; ALLOCATING THE CITY OF MIAMI'S REQUIRED MATCHING FUNDS, IN AN AMOUNT NOT TO EXCEED $175,000, FROM CAPITAL IMPROVEMENTS PROJECT NO. B-30688. 10-01265 Summary Form.pdf 10-01265 Legislation.pdf 10-01265 Exhibit 1.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0518 RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING A 12-MONTH EXTENSION TO THE COMPASSION CAPITAL DEMONSTRATION FUND PROGRAM GRANT FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THEREBY EXTENDING THE MIAMI NETWORK INTEGRATION COMPASSION AND EMPOWERMENT PROGRAM City ofMiami Page 18 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 ("PROGRAM") END DATE FROM SEPTEMBER 30, 2010 TO SEPTEMBER 30, 2011, TO ALLOW FOR THE COMPLETE IMPLEMENTATION, EVALUATION AND CLOSEOUT OF THE PROGRAM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF MIAMI, THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE ADMINISTRATION FOR CHILDREN AND FAMILIES AND THE OFFICE OF COMMUNITY SERVICES, FOR SAID PURPOSES. 10-01301 Summary Form.pdf 10-01301 Letter from Health and Human Services.pdf 10-01301 Financial Assistance Award.pdf 10-01301 Pre Legislation and Pre Exhibit.pdf 10-01301 Legislation.pdf This Matter was ADOPTED on the Consent Agenda. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0519 Adopted the Consent Agenda 9:00 A.M. Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, including all the preceding items marked as having been adopted on the Consent Agenda. The motion carried by the following vote: Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II END OF CONSENT AGENDA PUBLIC HEARINGS A sign language interpreter translated discussion of items PH.1 - PH.5. PH.1 RESOLUTION 10-01194 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), CONSENTING TO KIDCO CHILD CARE, INC. PROVIDING Development A SECOND MORTGAGE TO MIAMI-DADE COUNTY, IN THE AMOUNT OF $175,000, TO SECURE THE GRANT RECEIVED PURSUANT TO RESOLUTION NO. 09-0299, ADOPTED JUNE 18, 2009, FOR THE REHABILITATION OF THE PROPERTY LOCATED AT 242 NORTHEAST 26TH STREET, MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. City ofMiami Page 19 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-01194 Summary Form.pdf 10-01194 Public Notice.pdf 10-01194 Declaration of Restrictive Covenants.pdf 10-01194 Pre- Legislation.pdf 10-01194 Legislation.pdf 10-01194 Exhibit 1.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0507 Chair Sarnoff Let's do the PHs (Public Hearings). Let's go to PH.1. Mr. Mayor, I hope you're okay with me making a couple -- okay. Alfredo Duran: Good afternoon, Mr. Chairman. Alfredo Duran, deputy director of Community Development. PH.1 is a resolution authorizing the City Manager to consent and agree to Kidco Childcare, Inc., signing a second mortgage in the amount of 175,000 with Miami -Dade County to secure the grant for rehabilitating of a property at 242 Northwest 26 Street. This property received $300, 000 from District 2 economic development reserve for the acquisition. It has a mortgage on it that requires preapproval for any inferior financing and this is what this accomplishes. Chair Sarnoff All right. Let me open up a -- Vice Chair Carollo: So move. Commissioner Suarez: Second. Chair Sarnoff -- public hearing. Anyone from the public wishing to be heard on PH.1, please step up. Hearing none, seeing none, coming back to the Commission. I have a motion by the Vice Chair, second by Commissioner Suarez. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PH.2 RESOLUTION 10-01195 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community ALLOCATION OF ECONOMIC DEVELOPMENT INITIATIVE FUNDS IN THE Development AMOUNT OF $247,500, FOR THE PURPOSE OF RENOVATING AND REHABILITATING ELDERLY FACILITIES BY ALLOCATING $77,500 TO LITTLE HAVANAACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. AND $170,000 TO ASSISTANCE TO THE ELDERLY, INC.; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. City ofMiami Page 20 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-01195 Summary Form.pdf 10-01195 Public Notice.pdf 10-01195 Renovation Project.pdf 10-01195 Scope of Work.pdf 10-01195 Assistance Elderly -Detail Budget.pdf 10-01195 Detail by Entity Name.pdf 10-01195 Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0508 Chair Sarnoff PH.2. Alfredo Duran (Deputy Director, Community Development): PH.2 is a resolution that allocates Economic Development Initiative, EDI, funds in the amount of $247, 500; allocating the amount of 77,500 to Little Havana Activities and Nutrition Center of Dade County, Inc., and the amount of 170,000 to Assistance to the Elderly, Inc., for the total of two forty-seven five. These funds will be used to renovate and rehabilitate elderly facilities. Commissioner Gort: Move it. Chair Sarnoff All right. Commissioner Dunn: Second. Chair Sarnoff We have a motion by Commissioner Gort, second by Commissioner Dunn. Let me open up a public hearing. Anyone from the public wanting to be heard, PH.2? Hearing none, seeing none, coming back to the Commission. We have a motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, all in favor, please say iiye. " The Commission (Collectively): Aye. PH.3 RESOLUTION 10-01196 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE Development AMENDMENT NO. 2, IN SUBSTANTIALLY THE ATTACHED FORM, TO THE AGREEMENT BETWEEN THE CITY OF MIAMI AND CAMARA DE COMERCIO LATINA DE LOS ESTADOS UNIDOS, INC. ("CAMACOL"), EXTENDING THE AGREEMENT END DATE FROM SEPTEMBER 30, 2010 TO DECEMBER 31, 2010, FOR ECONOMIC DEVELOPMENT ACTIVITIES ASSOCIATED WITH COMMERCIAL FA?ADE PROJECTS; FURTHER AUTHORIZING THE ADDITIONAL ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME FUNDS, IN THE AMOUNT OF $140,345, TO CAMACOL TO PAY FOR HARD COSTS ASSOCIATED WITH FA?ADES COMPLETED IN DISTRICT 4. City ofMiami Page 21 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-01196 Summary Form.pdf 10-01196 Public Notice.pdf 10-01196 Pre Legislation and Pre Exhibit.pdf 10-01196 Detaill by Entitiy Name.pdf 10-01196Amendment No. 1.pdf 10-01196 Legislation.pdf 10-01196 Exhibit 1.pdf Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0509 Chair Sarnoff PH.3. Alfredo Duran (Deputy Director, Community Development): PH.3 is a resolution authorizing the City Manager to extend the agreement and term date between the City ofMiami and La Camara De Comercio Latina De Los Estados Unidos, otherwise known as CAMACOL, from September 30, 2010 to December 31, 2010; and authorizing the additional allocation of $140, 345 in Community Development Block Grant for the payment of hard costs associated with the facade program in District 4. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Commissioner Gort: Mr. Chairman. Chair Sarnoff We have a motion by Commissioner Suarez, second by the Vice Chair. Commissioner Gort, you're recognized for the record. Commissioner Gort: The -- I'm a member of the board of directors of the CAMACOL. I don't receive any benefits from them, economics and all that. Do I have a conflict? Julie O. Bru (City Attorney): No. No, you don't. Commissioner Gort: Okay, thank you. Chair Sarnoff All right. PH.3, anyone from the general public wishing to be heard on PH.3, please step up. Hearing none, seeing none, coming back to the Commission. We have a motion, we have a second. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. PH.4 RESOLUTION 10-01198 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Community ATTACHMENT(S), AUTHORIZING A REPAYMENT IN THE AMOUNT OF $1.9 Development MILLION IN AFFORDABLE HOUSING TRUST FUNDS TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") IN ACCORDANCE WITH THE CITY OF MIAMI REPAYMENT PLAN FOR FUNDS OWED TO HUD, AS INDICATED IN EXHIBIT "A", ATTACHED AND City ofMiami Page 22 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 INCORPORATED; AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-01198 Summary Form.pdf 10-01198 Public Notice.pdf 10-01198 Pre Legislation and Pre Exhibit.pdf 10-01198 Legislation.pdf 10-01198 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0510 Chair Sarnofff. PH.4. Alfredo Duran (Deputy Director, Community Development): PH.4 is authorizing the City Manager -- or actually, authorizing the payment in the amount of $1.9 million in affordable housing trust funds to the United States Department of Housing and Urban Development, HUD, in accordance with the City of Miami's repayment agreement with HUD approved in the City Commission of June 11, 2009. Commissioner Dunn: Move it. Chair Sarnofff. All right. Vice Chair Carollo: Second. Chair Sarnofff. We have a motion by Commissioner Dunn, second by the Vice Chair. We have a public hearing on PH.4. Anybody from the public wishing to be heard on PH.4, please step up. Hearing none, seeing none, coming back to the Commission. Anyone wish to have discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Commissioner Suarez: You got the hand -- you got the sign language person -- Chair Sarnofff. Did she get that done quick? Commissioner Suarez: She's working hard. Chair Sarnofff. She's getting aerobics right now. Commissioner Suarez: She's working hard. PH.5 RESOLUTION 10-01232 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE Community TRANSFER OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, IN Development THE AMOUNT OF $400,000, FROM THE DISTRICT 2 ECONOMIC DEVELOPMENT RESERVE ACCOUNT; ALLOCATING SAID FUNDS TO THE CITY OF MIAMI DEPARTMENT OF CAPITAL IMPROVEMENT PROGRAM, FOR STREET IMPROVEMENTS IN THE NORTH SHORECRESTAREA, City ofMiami Page 23 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 MIAMI, FLORIDA; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS FOR SAID PURPOSE. 10-01232 Summary Form.pdf 10-01232 Public Notice.pdf 10-01232 Legislation.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0511 Chair Sarnoff PH.5. Alfredo Duran (Deputy Director, Community Development): Okay. PH.5 is authorizing the transfer of Community Development Block Grant funds, CDBG, in the amount of $400, 000 for District 2 economic development reserve; allocating said funds to the City of Miami's Capital Improvement Program for street improvements to the north Shorecrest area. Chair Sarnoff All right. Let me open a public -- we have a motion by Commissioner Gort, second by -- Vice Chair Carollo: Second. Chair Sarnoff -- the Vice Chair. Anyone from the public wishing to be heard on PH.5, please step up. Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff She held up that time. PH.6 RESOLUTION 10-01259 Department of Public A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Works ATTACHMENT(S), ACCEPTING THE PLAT ENTITLED "CHILDREN'S COURTHOUSE", A REPLAT IN THE CITY OF MIAMI OF THE PROPERTY DESCRIBED IN "ATTACHMENT 1", SUBJECT TO SATISFACTION OF ALL CONDITIONS REQUIRED BY THE PLAT AND STREET COMMITTEE AS SET FORTH IN "EXHIBIT A", ATTACHED AND INCORPORATED, AND THE PROVISIONS CONTAINED IN SECTION 55-8 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND ACCEPTING THE DEDICATIONS SHOWN ON THE PLAT; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE PLAT; AND PROVIDING FOR THE RECORDATION OF THE PLAT IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. 10-01259 Summary Form.pdf 10-01259 Memos and Notice of Public Hearing.pdf 10-01259 Legislation.pdf 10-01259 Exhibit 1.pdf 10-01259 Exhibit 2.pdf 10-01259 Exhibit 3.pdf 10-01259-Submittal-Plat.pdf City ofMiami Page 24 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Motion by Commissioner Suarez, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II PH.7 10-01097 Department of Capital Improvements Program R-10-0512 Chair Sarnofff. PH.6. Alfredo Duran (Deputy Director, Community Development): Thank you. Commissioner Suarez: We actually have to hear the discussion on it before we move it, right? That's probably a good idea. Nzeribe Ihekwaba: Good morning. Zerry Ihekwaba, Public Works director. PH.6 is a resolution to accept the final plat of Children's Courthouse for Miami -Dade County and to authorize the City Manager to execute the related documents for its recordation, as well as to approve the recording of the same in the public records ofMiami-Dade County. For the record, after this item was placed in the agenda, Miami -Dade County made certain editorial changes to the attachment to the plats. This has been reviewed by staff and there's no material changes to the document, and also it has been concurred by the Law Department. Chair Sarnofff. All right. Commissioner Suarez: Move it. Vice Chair Carollo: Second. Chair Sarnofff. We have a motion by Commissioner Suarez, second by the Vice Chair. Public hearing on PH.6. Anyone from the general public wishing to be heard on PH.6, please step up. Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnofff. All right, that's the PHs (Public Hearings). RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, APPROVING AND CONFIRMING THE CITY MANAGERS EMERGENCY FINDINGS, THAT IT IS MOST ADVANTAGEOUS FOR THE CITY OF MIAMI TO WAIVE COMPETITIVE SEALED BIDDING PROCEDURES, PURSUANT TO SECTIONS 18-85 AND 18-90 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS STATED HEREIN; APPROVING THE USE OF COMPETITIVE NEGOTIATIONS, FOR THE PURPOSES OF NEGOTIATING AN AGREEMENT FOR PRE -ARRANGED TRANSPORTATION SERVICES FOR LOW TO MODERATE INCOME ELDERLY AND DISABLED MIAMI RESIDENTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT BETWEEN THE CITY OF MIAMI AND ACTION COMMUNITY CENTER, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR PRE -ARRANGED TRANSPORTATION SERVICES; PROVIDING FOR FOUR City ofMiami Page 25 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 (4) ADDITIONAL ONE (1) YEAR EXTENSIONS, SUBJECT TO CITY COMMISSION APPROVAL AND THE AVAILABILITY OF FUNDS; ALLOCATING FUNDS, IN THE AMOUNT OF $142,605, FOR FISCAL YEAR 2009-2010, AND FUNDS IN THE AMOUNT OF $350,000, FOR FISCAL YEAR 2010-2011, FOR A TOTAL AMOUNT NOT TO EXCEED $492, 605, FROM TRANSPORTATION AND TRANSIT SPECIAL REVENUE FUND 122001, ORACLE FUND 15600, CAPITAL IMPROVEMENT AND TRANSPORTATION PROJECT. 10-01097 Summary Form.pdf 10-01097 Bid Waiver Memo.pdf 10-01097 Public Notice.pdf 10-01097 Legislation. pdf 10-01097-Exhibit-S U B. pdf 10-01097-Memo-City Manager -Substitution for Item PH.10-Revisions to Grant Agreement. pdf 10-01097 Legislationl0-28-10.pdf 10-01097 Exhibit 10-28-10.pdf 10-01097-Submittal-Vice Chairman Carollo.pdf SPONSOR: COMMISSIONER GORT Motion by Commissioner Suarez, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II R-10-0506 Chair Sarnoff If you wouldn't mind, gentlemen, why don't we start with PH.7. It is the Accion item. That way -- we have a number of people here. Why don't we have the Administration present. PH.7. Alice Bravo (Director, Capital Improvements Program): Good morning. Capital -- Chair Sarnoff You're recognized for the record, Ms. Bravo. Ms. Bravo: Good morning. Alice Bravo, Capital Improvements director. And we're before you today with item PH.7, which is a resolution to approve funding in the form of a grant agreement to Action Community Center, in the amounts of $142,605 for fiscal year '09-'10 and $350, 000 for fiscal year '10-'11. Chair Sarnoff All right. Is that the extent ofyour presentation? Ms. Bravo: Well, last time there was discussion -- Chair Sarnoff You just want to adopt the comments you made at the last meeting regarding this? Ms. Bravo: At the last meeting, there was a discussion regarding the use of the half -cent sales surtax that we receive through Miami -Dade County and whether or not the use of those funds for this purpose was acceptable, andl think since then our City Attorney has issued a legal opinion that -- Chair Sarnoff Let me ask the City Attorney what her opinion is, opposed to you -- Ms. Bravo: Okay. City ofMiami Page 26 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff -- telling us. Madam City Attorney, what is your opinion? Julie O. Bru (City Attorney): We responded to an inquiry that was provided by this Commission regarding the utilization of these tax revenues. And the question was, first of all, whether or not there had to be a countywide referendum in order to implement the authorization that now the State has enacted through their legislative process, and that is to use these monies for on -demand transportation services. Our opinion is that, no, there doesn't have to be a countywide referendum because the authorization now has been granted by the Legislature. However, because this is a levy of a tax done by the County and the County has done it pursuant to an ordinance and the ordinance specifies the kinds of uses that these funds can pay and it's limited to a list that has been provided in that ordinance, the County would have to amend their ordinance in order to allow the City to utilize that tax source for on -demand transportation services. Chair Sarnoff Do we know if the County has taken any action or implemented any movement towards doing that? Ms. Bru: I checked yester -- Tuesday's agenda. There wasn't anything discussed on Tuesday. Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: Mr. Chairman, as I recall the questions that we had at the time that we asked if the legislations that they needed to go citywide -- countywide vote, that's -- we got the answer for that. My understanding, the letter we received from the County attorney, the County attorney believed that it should have been also a vote by the County Commissioners. I spoke to several County Commissioners, and I'm sure there'll be -- they're waiting for us to make a decision. But the County, I'm sure, will follow through with change -- amend the ordinance so we can go ahead and facilitate the funds to this community. Chair Sarnoff Okay. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Commissioner Suarez is recognized. Commissioner Suarez: Thank you, Mr. Chairman. I think -- I'm prepared to make the motion, subject to approval by the County Commission. In other words, if -- and, by the way, that conflicts with the County's opinion, by the way. The CityAttorney's opinion conflicts with the County attorney's opinion. I think that's something that the Vice Chairman brought to our attention in the last meeting. The County's attorney opinion, I believe, is that it has to go to referendum. That's -- Commissioner Gort: No. Commissioner Suarez: -- that was my understanding of the e-mail (electronic) thatl read. Is that correct or is that incorrect? Ms. Bru: Well, we disagree. And I think that ifyou look at the state statute, it's clear that to levy the tax, it has to, but not to decide the kinds of uses for the funds. Commissioner Suarez: It doesn't matter. From my perspective, I make the motion subject to County Commission approval because your opinion is that the County Commission has to mod their ordinance, correct? City ofMiami Page 27 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Right. Ms. Bru: That is correct. And again, even though my opinion is that it doesn't have to go to countywide referendum, at the end of the day, it is the County who has the authority to levy the tax. Commissioner Suarez: I move it subject to -- Ms. Bru: So if they disagree, they will prevail. Commissioner Suarez: -- the County Commission approving it. Commissioner Gort: I'll second the motion, but would like if, Mr. Chairman, you allow, the people from Accion to make a presentation of the type of services they provide, the cost of the services, and how many people they provide service to. Chair Sarnofff. All right. We have a motion and we have a second. I'll open it up for a public hearing. How many people from the public wish to speak? Just raise your hand. Okay, we have a limited number of people wanting to speak. How many people are here in support of this? Just raise your hand. Oh, I'm sorry. Go ahead. Commissioner Gort: (Comments in Spanish not translated). Chair Sarnofff. Boy, it pays to speak Spanish, I got to tell you. Okay. Now how many -- Applause. Chair Sarnofff. I know the Mayor wants to be heard. Tell you what we'll do. Here's what we'll do. While the Mayor is speaking, why don't anybody who wants to speak on this item -- and you all don't need to -- but if you feel the need to, you won't be prevented -- please start, if you would, just standing up behind this podium here so we can get a -- we can see how many people wish to speak. Right now I'm going to recognize the Mayor. Priscilla A. Thompson (City Clerk): Excuse me, Chair. Just to let you know, we do have one individual; we're going to give her the mike so she doesn't have to get up and -- Ms. Quintana. So she won't have to get up to speak to the mike -- Chair Sarnofff. Dorothy Quintana? Ms. Thompson: -- she'll have the mike with her, okay? Thank you. Chair Sarnofff. Mr. Mayor -- I'll let her -- okay. Yield to Dorothy. Dorothy Quintana: First, good morning. My name is Dorothy Quintana. I come from Wynwood, and I'm 101. I think that's the age enough to stay home, butl don't want to stay home. I want to continue fighting for what is right and what we need. Andl think the Commissioners knows [sic] who I am, they know that when I fight for something, it's because it's right. Nothing that is wrong and anything that is not good, I won't help. But what we need, we help. And we need transportation for the seniors. And today that's what I'm coming to fight for. Andl appreciate if you all help me in this condition. (UNINTET,TIGIBT,F) needs help. And please give help so we can get the transportation for our senior centers. I thank you. And congratulations to the new Commissioners, Gort especially, and Dunn. Andl say hello to my friend Marc Sarnoff. He knows he's my friend We both come from the same place, New York, and that's why we like each other and we help each other. I thank you, every one of them, andl hope that you help me in what I just asked you to do. City ofMiami Page 28 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft Thank you, Dorothy. Ms. Quintana: I thank you. And please let me know if you did -- if you're going to help me. Chair Sarnoff Thanks, Dorothy. All right, let's allow the Mayor to speak, and then I will open it up to the public hearing. For those of you who can -- those of you who want to, just start lining up behind the dais [sic] just so we can get an understanding of how many people want to speak. And right now I'm going to recognize the Mayor, but please start that process. Oh, in Espanol. Can you do that in --? Sony. Yeah, I want you to do it. Ms. Thompson: Excuse me, Chair, we do have an interpreter. Chair Sarnoff Oh, I'm sorry. Commissioner Suarez: Oh. Ms. Thompson: Yes. Chair Sarnoff I apologize, Madam Clerk. Ms. Thompson: Okay. Chair Sarnoff Where's the interpreter? Ms. Thompson: Right here. Chair Sarnoff Would you please ask the audience that if they wish to speak, and they don't have to, just to line up behind the podium, just so we can see how many people will be speaking. Commissioner Suarez: Can you also say that if they just are in support of the item and raise their hand like they did, that that's sufficient as well? At this time, the Commissioners' comments were translated by official Spanish interpreter, Carlos Iglesias. Commissioner Gort: Chair, let me -- Chair Sarnoff Commissioner Gort's recognized. Commissioner Gort: (Comments in Spanish not translated.) Chair Sarnoff Let's let the Mayor speak first, but anybody else who wishes to speak, please stand up behind this lovely lady in the brown dress. All right, Mr. Mayor, you're recognized. Mayor Tomas Regalado: Thank you, Mr. Chairman, Commissioners. I think it's a good compromise what you have proposed. What I can do is that I can commit to you that through the new chairperson of the Miami -Dade County Board of Commissioners, Commissioner Joe Martinez, I will be able for him to place in the agenda in a December meeting either a discussion item -- or the area Commissioner. I know that Commissioner Barriero is very interested in this issue; also Commissioner Rebeca Sosa is very interested. So I would tell you that our office will do the due diligence so we can get on the County's Board of Commissioners agenda during the month of December and that will probably give us an outcome of the situation. I just wanted to say that. City ofMiami Page 29 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft Thank you, Mr. Mayor. All right, you are recognized for the record. Just state your name and your address. Irela Bague: Irela Bague, vice chair, Action Community Center. Good morning, Mr. Mayor, Mr. Chairman, Mr. Vice Chairman, and the rest of the County -- the City Commission. Thank you for the opportunity. We've been here many times, as you all well know. We've met with each and every one of you. You're quite familiar with the services that we've been providing for the past 40 years, since I think was -- I wasn't even in pre-K, but my passion is with the community. Many of you know how involved I am. And for me, it is important not just, you know -- our future is our children, like we all say, but our past made us who we are. And to provide services for our senior citizens, it's the least we can do for everything they've done for us. As far as our numbers, you've all seen our numbers, you've all seen our budget. I am not going to spend too much time on that. You know how many of these -- of the folks that we provide services for not just take one trip to the doctor; they take multiple trips, to the grocery store. We provide a social service, a way for them to continue to be -- to feel important and to feel part of the fabric of our community. We cannot take that away from them. So if you have any questions with regards to our numbers and our budget, again, you've seen it, you know what we do. We've been doing it successfully. Our record speaks for itself. I'm going to allow the rest of our, you know, customers, clients, people we provide services for to speak. Chair Sarnoff Thank you. Commissioner Suarez has a question so stay at the podium. Commissioner Suarez: Ms. Bague, I have one question. The only thing -- you know, I made the motion and I'm interested in this worthy organization receiving these funds, subject to the hoops that it has to overcome. One thing that I did notice when I -- when we spoke and when -- of information that I requested was a roster of you know, who your clients are and where they come from. And you know, one thing that I would ask is understand that the money they're getting is citywide and, therefore, there should be an emphasis on trying to distribute the services among all our Commission districts as fairly and as equally as possible. I understand that that's very difficult to do because it's based on where the need is and where the people request services, but to the extent that you can, you know, that's something that would be important to me. I had a very, very small portion, so you know -- we did the numbers. Our -- the portion of my residents that were being served by the program was very, very small. So, you know, I would request that to the extent that you can, you know, be a factor in that program. And maybe the suggestion would be for you to come, as you have been so diligent in the last couple of months, as throughout this process -- not to discontinue that diligence -- continue to come before us, continue to reach out to us so that we can help you make the program better and serve the people that are our constituents. Ms. Bague: Absolutely. Once this motion passes, we will obviously work with the City and the County to ensure that everything runs smoothly with their opinion. And absolutely, we consider ourselves, and we always have, a partner of the City ofMiami. We are basically your STS (Special Transportation Service) service for your senior citizens and your disabled and veteran -- disabled veterans. Let me point that out. So as far as working with each individual Commissioner and Commissioner districts, I mean, we have a waiting list of people that are unable -- we're unable to service right now because, number one, we have a deficit, as you all well know, and two, we can't function and expand unless we have these funds available. So we will sit down with you just like we've sat down with each and every one of you and work out the portions of need that each Commission -- City Commission district has. Chair Sarnoff Thank you. You're recognized for the record, ma'am. Amalia Magnan: Okay. My name is Amalia Magnan. And Mr. Mayor, Mr. Suarez, everybody else, I'm talking here because she did it very well, so we need the transportation because many people could not get the STS. They denied the STS. And then every Thursday we go through City ofMiami Page 30 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Action and we go to Publix. And every year there is always like a threatening that they are discontinuing the Action program transportation, and everybody's very nervous, you know. And then, you know, they start like what we are going to do and this and that, and this is why I'm here. I am here because of that, the threatening and the thing. I don't know what you're going to do, but please do something. Chair Sarnoff Thank you. Ms. Magnan: Thank you. Chair Sarnoff Thank you, ma'am. Applause. Miriam Urra: Good morning, Mr. Mayor, Vice Mayor [sic], Chairman Sarnoff, Commissioners. My name is Miriam Urra, andl representAllapattah Community Action. The reason that I'm here today is because this issue concern my community very deeply. Action -- the Action agency has been servicing our participants, our community, our elderly community for many, many, many, many years, and like the lady that was here before me stated, the special transportation service does not always provide this services to the elderly community. I have known for many cases that have come to us because they apply and they were -- the services were denied. The reasons, you know, can be many of many, many things. Now we've been here, like you know, before regarding this situation. We ask you for you [sic] support, andl know andl can see that you're willing to do so, and we're very proud of you because you're always assisting the elderly community and the community as a whole and I'm being a witness for many years to that, so I can say that we're very, very proud of this Commission. Thank you for all the things that you do for the community. You never let us down. So I can say that most of this individuals here today are the recipients of the services and that's the reason they are here. They're very concerned. Andl hope that this can get resolved, and if we have to go to Dade County for that vote, we'll be there. Thank you very much. Chair Sarnoff Thank you. Applause. Leopoldine Rodriguez: Good morning, Mr. Commissioner, Mr. Mayor, and all of you. My name is Leopoldine Rodriguez. I'm a happy resident of UTD Towers, and we are a recipient of the services rendered by Action of transportation to Publix every week, every Thursday. I'm also a recipient of STS, but I have to pay $6 whenever I have to use STS to go to Publix for one reason or another. So this time with this economy, which we all know, I don't have to describe it, it's kind of hard to pull $6 every week to pay for STS service, even though I have the service. I cannot understand why we cannot pull from here and there in our budget to make this service effective constantly without the -- I panic every time thatl hear that the service is going to be suspended. We have a great service. We have drivers that will help us to get into the bus, something that doesn't happen with STS all the time. And they are very, very helpful and they -- even when they take the bags to the shopping carts that we bring to make everything easy for us. Andl don't see how we can do without the service. That's practically all wanted to say. Thank you. Chair Sarnoff Thank you. Ms. Rodriguez: You're welcome. Applause. City ofMiami Page 31 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Armando Pujol (as translated by official Spanish interpreter Carlos Iglesias): Good morning. My name is Armando Pujol. I came in to talk about the program Accion, represented by Ms. Pilar. First of all, I would like to salute the Commission and everybody in general, in particular Mr. Willy Gort representing us with his trajectory and history with us. I came to talk before you -- to talk to you with the directness and (UNINTELLIGIBLE) and with the usual direct fashion. We've contributed and been a witness of this program for over 20 or 30 years. And with such love and such dedication, we've applied to that all this time. Today we are -- we find that our transportation is not in good shape. We cannot offer the air conditioning transportation to all of these people who suffer from these illnesses. And this brings -- what this brings is that we have people that are like with pacers. We are very worried. Okay, we are -- Chair Sarnoff All right. I need him to conclude. In conclusion. Mr. Pujol: Gracias. Gracias todo. Chair Sarnoff Thank you. Applause. Chair Sarnoff All right, anybody else from the public wishing to be heard? Public hearing is now closed; coming back to the Commission. We had a motion, we had a second. Any discussion? Vice Chair Carollo: Yes, Mr. Chairman. Chair Sarnoff Commissioner -- the Vice Chair, excuse me, is recognized for the record. Vice Chair Carollo: Thank you. It's my understanding that -- first of all, we have two organizations that each of their attorneys has said that we cannot use this money for these type of services. You know that we are under an SEC (Securities and Exchange Commission) investigation. We've had issues with monies that have been used inappropriately in the past. We have had to return monies because they're inappropriately used. I understand your subject -to motion. I still feel very uncomfortable when we have requested from the City Attorney to render a ruling and she has, and it goes back to the County. Again, I feel like we're putting the cart in front of the horse, you know. Andl know you're saying that it's subject to. That is only one of the issues that we have spoken about in the past. I mean -- and believe me, the first thing -- or one of the first things I did when I came to the Commission was get together with Community Development, the people that administer CDBG (Community Development Block Grant), and the first thing) told them was I need transportation in my district. Transportation is a big necessity. So believe me, I am a big proponent of transportation, and if you don't believe me, go into my district and start asking the elderly. I have actually spoken to you, Ms. Urra, and) have said, listen, I could possibly solve most of your transportation problems. All these people that are saying, Oh, what are we going to do now, who's going to take us to Publix, 7 haven't heard from them, but I'm sure that there is money and) am sure that those transportation problems could be solved. Something that I say a lot that action speaks louder than words. I'm not just saying this. Transportation is public services. That is why I sponsored -- and thanks to my colleagues, we have pushed very hard to raise the percentage of public services funding from 15 to 25 percent. And there actually is money that could be used for transportation. However, I mean, I think we are playing a little dangerously trying to use monies that have been told to us that we cannot use, at least not yet. At the same time, with everything) said about transportation, I don't think there's anyone in this Commission that think that monopoly is a good thing because it's not just providing service. It's the quality of service. I want to provide better transportation. When I hear that a van is without air conditioner [sic], I think that's unacceptable. And as a matter of fact, those vans were, I don't want to say given, but in essence, were provided by the state and by this government, City ofMiami. And when you're telling me that the vans don't have air City ofMiami Page 32 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 conditioner [sic] or so forth, I -- really, I think that's unacceptable and) want to see how we can make the transportation better. I mean, I supportAccion, but it seems like it's just a monopoly because this contract is a no -bid contract. A lot of the monies, should this be approved and we be giving, is not for additional services or new services. It's actually to pay back old expenses. I don't have a problem supporting a motion encouraging the County to pass a resolution and bringing it back to us, but when you say subject to passing this, I mean -- you know, Commissioner, I think we all have been here and we've taken various positions. You know what, fiscal responsible position. Andl think it's well noted. And it's not just one Commissioner; it's all of us working, you know, as a team, and you know, when one person misses something, the other Commissioner catches it and so forth, and that's what working as a team is. And like I said, I would definitely support encouraging the County to pass a resolution so that we can comfortably say, yes, okay, if this funding is now rendered that can be used for these services, then we can make a decision. But as far as saying we're passing this resolution, you know, subject to, I just think we're putting the cart before the horse and that's where I have a problem. And we're not just talking a one-year contract; you know, it has four additional extensions. We're talking five years. So, you know, Mr. Chairman, I think Commissioner Suarez would like to, you know, speak with regards to that. And I'm curious to see what he has to say and how we could -- Chair Sarnoff Commissioner Suarez, you're recognized. Vice Chair Carollo: -- you know, maybe compromise. Commissioner Suarez: Thank you, Mr. Vice Chairman. I think you brought up a lot of good points, one of which is -- and it's a concern for me as well -- adequacy of the transportation, not just having transportation, having -- Vice Chair Carollo: Exactly. Commissioner Suarez: -- quality transportation. Vice Chair Carollo: Exactly. Commissioner Suarez: So I think that is something that we need to work with this agency to ensure that they're getting quality transportation, that their vehicles have air conditioning, which is, I think, something that's essential in the City ofMiami, particularly in the summer. On the other point of us passing a resolution requesting that the County actually change their ordinance, we did that already. We did it in July. We passed a resolution in July requesting that the County change their ordinance. So it says here urging the County to amend the transit surtax ordinance to be in accordance with state law. So, you know, from my prospective, I think this is kind of taking another step and kind of sending a little bit of a stronger message to the County that we would like you to take another look at this conflict, and if it can be resolved, then the monies can be released to this organization. So, I mean, this is something -- I mean, thanks to your leadership, we've scrutinized this organization up, down. We've -- I've looked at, you know, client rosters. I've looked at financials that -- really, because of your leadership, they produced, and they produced to a certain level that) don't think they've ever had to produce in their -- probably in their entire 40-year history. So, you know, and they produced it for this year and for next year and -- for last year and for next year. So, you know, I did express a concern based on the roster that only a certain percentage -- and it was a pretty small percentage of the actual people that were being served were from my district, and so that's something that I've asked Ms. Bague to keep continuing to come back. So I think from my prospective, it's something) think we can work with this organization. I am very sensitive to your point about this appearing to be a sole source contract and that is something that is concerning for me. And don't know if Ms. Bravo can speak to that issue or why -- you know, was there any kind of a competitive process. Is there, you know --? City ofMiami Page 33 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff You're recognized. Ms. Bravo: I believe that in the past they were selected through a competitive process and I'm not sure how long ago that was. Vice Chair Carollo: You're not sure how long ago that was? Ms. Bravo: I don't know. 2004. Vice Chair Carollo: 2004. I mean, you know, it's going on -- can't -- I mean -- and that's something -- I mean, these no -bid -- listen. Again, I am all in favor of transportation. I am in favor of helping Accion. I actually went there physically. I sat with them. I went over some of their numbers. I am aware they have not been paying rent for I don't know how many months in an area that is in my district. I haven't -- I've tried not to make an issue of it, just, you know, kept -- I have mentioned to the Administration how long can we continue like this and so forth. So I want to help Accion. I want to help transportation, but at the same time, you know, the process we're using, no -bid contracts. It's been for, you know, I don't know how many years now, from 2004. I think -- listen. My point is and what I'm striving for is for better service, you know. If the money is there, can we utilize that money better, can we provide better services? And again, it's nothing against Accion. It's nothing against any other company. As a matter of fact, I was ready to pull -- andl think it's CA.3 which deals with transportation, and that was one of the questions that I had. In CA.3 we are -- at least it's coming before us for a vote for transportation services citywide on an on -- on as -needed contractual basis, and there's a whole bunch of companies there. So I wanted to see if by any chance, you know, if these services would not happen, can someone else step in. And again, I'm in favor of helping Accion, but the bottom line is, you know, I want services to get better. I need more transportation. I don't have the figures in front of me because, you know, usually I say anything could happen up here. So, you know, I never come up here with any predetermined notion of what's going to happen 'cause anything could happen up here. But I really thought after this Commission requested and we received e-mails from the County saying that this money was disallowed and then we requested from the City Attorney an opinion and then she provided which says, listen, you know, I find that it's disallowed also unless this occur. I figured, well, it's pretty much -- you know, I would think that speaking for many, many months with regards to fiscal responsibility that we would say, hey, listen, if we can't use it, you know, at least let the County, you know, pass a resolution. And if you're saying that we requested this in July -- I don't know the documentation that you have, but if we requested this in July and we're what, in November, mid -November, going into December, and they still haven't passed a resolution, they still haven't brought it, you know, it makes me wonder 'cause, I mean, time have progressed. So again, my issue is better transportation, you know, providing better services. I -- you know, andl do not apologize. I do not believe the status quo is always good. I always think we can achieve more. I am always grateful for what I have achieved, but we always could get better. We always could get that service better and that's what I'm looking at. So although I understand what you're trying to do, Commissioner, and I appreciate it because transportation is needed, you know, I want to know if some of the companies from CA.3 that, you know, is before us can be used in case, you know, some of these services has to stop for a while or so forth. And there's still CDBG monies, which is what public service is all about. So, you know, again, I want to bring the level of service up. Chair Sarnoff All right, Commissioner Gort. Commissioner Gort: Mr. Chairman -- andl can understand, Vice Chairman, your worry andl agree with you in some of the cases. But at the same time we need to realize that in social services, most of the social services that we fund, they have a monopoly. They're non for profit, they're a monopoly. I looked at some of the numbers that STS -- they charge $6 plus their cost per trip is $10. The cost per trip for Accion is about $10. There are people that have been doing City ofMiami Page 34 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 it in the business for a while. They know the routes. They know the people they have to pick up. Andl understand what you're saying. I agree with you, I want better service, too, but we have to give an opportunity to these individuals that have been sacrificing themselves for a while now not getting paid and still providing services and being very loyal to their clients. I think it's something we -- when we heard about the County opinion, the first opinion that they needed to go to a referendum, we went up to Tallahassee. We talked to the legislators; they changed the law over there. My understanding is the County attorney, that's his opinion. The opinion from our attorney is a little different, and that's why I'll be in favor to pass this motion here. And of course, once the motion's passed here and the motion's passed by the County, I want Accion to come and meet with each one of us and see the need in your district, in my district, in everyone's district. Andl am sure they have the expertise to provide those services. Unfortunately, I agree with you. I think we have to have a plan B that in case anything happens in -- I think we should start working on plan B immediately. But I think at the same time, these people have the expertise, the knowledge -- the plan B is going to take a while. To take anything through the process of the bureaucrats, you andl know that unfortunately we want to do things right away and we can't because it takes forever to get it done. At this time they're providing services and maybe I'm the greatest benefit of all those services in District 1, where there's a lot of need. I know district -- your district has a lot of need also for services. You have an agency there that helps quite a bit and has been there forever. For these reasons, that's why I'm pushing for this. I'd like to -- at least the City to approve this and let the County then make the decision. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Thank you, Mr. Chairman. I think -- you know, I'm very sensitive to the Vice Chairman's concerns, andl think I've been very supportive of him and his efforts throughout this process to create, you know, first of all, accountability and transparency in the way they run their organization. I think that has been accomplished and that has been accomplished because of his ability really, you know, and us also supporting him and his efforts to do that. So I think they're leagues away from where they were when they first came to us asking us for funds. I think it's very commendable that you went out there personally and physically inspected the vehicles to see what quality they're in and what quality we know they need to be in. So -- but I agree with Commissioner Gort that, you know, we have agencies that have a reputation, that have been receiving funds for many, many years, and that doesn't necessarily mean that they should be getting it on a rollover basis or that there should be a rubber stamp in any way, shape, or form. Andl think, you know, from the actions that I've taken here that I'm not going to do that. Andl know that they know that because I've met with them in person and said, listen, it's a new day. I want to see your auditor's reports. They gave me the phone number to their auditor who's in New York. I've called him many, many times, you know. So the message, I believe, that you have tried to convey has been sent, has been received, and has been acted upon. Do I think there are not more things that can be done? Do I think (UNINTET,TIGIBT,F) to a point where you're fully satisfied? I think there are things that can be continued to be done, andl think that's why I asked them to continue to come back to us and talk to us on an individual basis. Even before the County makes a decision, there's no reason why we can't start talking about it immediately and start, you know, talking to them about what are the things that we expect as standards in their -- in the way they implement these services. You know, I'm very supportive of this. I think we have bent over backwards as a Commission to help them and they better recognize it. You know, I think that they should recognize it, and I think -- I appreciate the fact that you've, you know, in a sense, been tough, you know, 'cause sometimes tough love is what's needed andl think that's the kind of you know, leadership that you've showed in this. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Let me go to Commissioner Dunn and then I'll come back to you. Commissioner Dunn. City ofMiami Page 35 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Dunn: Thank you, Mr. Chairman. Andl do appreciate the discussion and the input that my colleagues have provided, in particular Vice Chairman Carollo. I believe this vetting process not just with this organization -- andl do want to say this -- this is not just something that's happening with you. It's been pretty much the tone and tenor of this Commission. And so I feel comfortable with supporting the motion, but I do have a question for the attorney. Madam Attorney, is it possible that we can get a copy of the County's opinion just so we'll have -- we'll be privy to what it --? Ms. Bru: The County's opinion is by way of an informal opinion through conversations with our office. It's not a formal County attorney position, but informally, we've been told that the County attorney agrees with that position, that they believe that this requires a countywide referendum, and we strongly disagree. Commissioner Dunn: Okay, all right. I feel comfortable. Thank you. Chair Sarnoff All right, Vice Chair. Vice Chair Carollo: Yeah, a few points. Commissioner Gort, again, I guess because it's such a large agenda, you know, when I looked at this andl saw the rendering of the -- or the opinion of the City Attorney, you know, I really thought, you know, that this is disallowed andl continue because it's, again, such a big agenda. You can only spend so much time on each item. But I remember from the last meeting, when I did the calculation, it was more like $110 per trip. That was my calculation. I don't have -- I would tell you I don't have the numbers in front of me because, like I said, I thought it was pretty clear. But it was more like $110 per trip. And even then, the way the information was provided, I wasn't even sure what was a trip or not, one way and so forth. With that said, let me ask my colleagues 'cause I'm sure -- and I'm just going on history andl could be wrong once again, butt don't think there's too many Commissioners up here -- at least now. I'm not going to talk about the past -- that are in favor of no -bid contracts. Would you amend the resolution then for it to go out to bid? Commissioner Suarez: I personally wouldn't simply because we have essentially scrutinized them beyond imagination. And they have bid on these services before. I don't see anybody up here clamoring, any other of the people from -- for example, CA.3. They're not up here saying that they can provide these services for less or better, and they're on the agenda today. So you would think, you know, it would be convenient for them, if they're on the agenda, to come here on this item and say, by the way, guys, you're overpaying for these services. And let me tell you, for a lot of organizations, it would be very easy for them to do that because the more business that they get -- I guess if it's a profit -making enterprise -- the more money that they make. If it's a nonprofit like this one, it's not a profit -making enterprise. We've scrutinized how much money the directors make, and we've squeezed all of the juice out of it. I think the real issue is not so much that it's sole source because it's a nonprofit company, so it's not like anybody's profiting from this. The real issue is are we getting the services that we deserve in our district. Andl think, from my perspective at least, I could tell you that, you know, it's a -- we're getting -- I'm getting a very small percentage and it's the issue that have brought up today and I'm going to work with them to make that a fair process because I know that my district -- and the Mayor knows this very well -- we have a extremely high elderly population in District 4. And so it doesn't kind of make sense to me that District 4, which has so many elderly, and so does yours as well, isn't really receiving their fair share, and these are citywide funds. So that -- I mean, with all due respect to you, Vice Chairman, I really don't think that that's a good idea at this point. It's just going to continue to further delay this process. And it's not like there's a nefarious -- you know, this is not being Tiber lobbied or anything. There's no profit motivation, so I don't see the point at this point of trying to delay this process any further. Commissioner Gort: By the way -- City ofMiami Page 36 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: Mr. Chairman -- Commissioner Gort: -- Mr. Vice Chairman, the -- it doesn't mean that they're going to get this automatically every year. I mean, they will have to come back to us and they have to be prove that they have improved their service and the service is being provided throughout the whole city. Chair Sarnoff Does that require it to come back to us? Vice Chair Carollo: Mr. Chairman. Chair Sarnoff Let me just -- Does it require -- Vice Chair Carollo: No. Chair Sarnoff -- it to come back to us? 'Cause I'm not sure -- Vice Chair Carollo: No. Chair Sarnoff -- 'cause I was going to offer a compromise. Ms. Bravo: It does. Chair Sarnoff It does require that it come back to us each year. Vice Chair Carollo: Every year? Ms. Bravo: Yes. Vice Chair Carollo: I don't think so. Commissioner Gort: Yes. Vice Chair Carollo: I don't think so. Chair Sarnoff Well, let's get the City Attorney's opinion. Does this require that this contract come back before us each and every year? Ms. Bru: The contract is only for one year. That's the term of the contract. Chair Sarnoff And there's some renewal options, correct? Vice Chair Carollo: There's four additional one-year extensions. Chair Sarnoff And is that -- Commissioner Gort: That has to come back though. Chair Sarnoff -- is it self-executing or does it have to come back to this Commission? Vice Chair Carollo: Or can the management just execute? Chair Sarnoff Fair enough. Vice Chair Carollo: City Manager. City ofMiami Page 37 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff Whose discretion is the option year? Vice Chair Carollo: Right. Ms. Bru: What I see here, the term of the agreement is for -- shall commence upon the approval of the Commission and shall remain in force for one year thereafter. Commissioner Gort: Subject -- Ms. Bru: I don't see that in this -- well, it's not in the agreement, and I'm going by the agreement. Commissioner Suarez: Mr. Chairman. Chair Sarnoff Well, let me -- Can I make a --? Commissioner Gort: Just add it -- Chair Sarnoff I haven't spoken on this, so let me make a suggestion. And think can -- I share some ofyour concerns. Vice Chair Carollo: I know you do. Chair Sarnoff First with the lawyer concern, the issue of the lawyer concern -- and Madam City Attorney, you andl have oftentimes not agreed. I happen to think you did a pretty nice job on this particular opinion 'cause it has a lot of cites, it has a lot of law. Yours is an official City Attorney position, correct? Ms. Bru: Yes, it is. Chair Sarnoff And what remember being brought up to us months ago was actually an e-mail from a City -- I'm sorry, a County attorney, not the County attorney. Ms. Bru: Correct. Chair Sarnoff Is there an official County attorney opinion on this? Ms. Bru: Not yet. Commissioner Gort: No. Chair Sarnoff All right. So from that perspective, I feel some comfort. I think you have a good point, andl -- first off nobody can ever respect your wisdom or disrespect your wisdom 'cause you're right. Monopolies do create complacency. So what if the contract -- what if we were to give them a one-year contract, have them come back to us, advocate for either improving them or getting competition to improve the service 'cause I agree with you on that. My only concern is really this. You know, it's easy for us up here in an air-conditioned room to make decisions that we don't absolutely appreciate on the street, although I know you do 'cause I know you spend a lot of time -- andl don't mean this other than nicely. You're on the street a lot. I know you go to your street a lot. But I never know the effect of a lot of my decisions, and when I don't approve something and they say, you know what, I'm done, what happens to the folks at UTD, Carroll Manor? What -- how do they get to Publix? How -- what cost have I put on them, that extra 5 or $10 a week? Can they really afford that? And to me we're talking about food. We're talking about going to Publix. I don't pretend to understand the social network system maybe as well as Commissioner Suarez or maybe even as well as you. What I don't want to do is I don't want to City ofMiami Page 38 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 leave a gap, but do believe there should be competition. I think you're dead right. And the one thing you've proven up here, Vice Chair, is that you have looked at every contract, you have looked at every line item, sometimes very rigorously and maybe even more so than I would like. But if we were to compromise and if we were to say let's give them a year contract, have them come back to us each -- have them come back to us next year, in the interim, your office could work to find another competitor and maybe we can come up with different -- other uses of CDBG money to improve the fleet, whether it's their fleet or somebody else's fleet. I agree with you. I just don't want to leave that gap or that lurch. And Commissioner Suarez, you're recognized. Commissioner Suarez: I -- first of all, I agree with the amendment that we've kind of worked out here making it a one-year contract, and then next year they can go through the process. I think what makes it a little different this year is that we're so behind, you know, also, you know. And this has been delayed and delayed and delayed for good reasons, by the way. I'm not saying that they're not good reasons, but it has been delayed and delayed and delayed, and they're getting further and further behind. And as you said, there's not only a gap in funding, but there's a gap in the hope and in the services and in very, very basic things. You know, the disenfranchised in our community oftentimes are the elderly, are the young, are the disabled, you know, and they're the ones that live on fixed incomes. We all know that Social Security has freezed [sic] cost of living adjustments for the last few years, so you know, they're living on the same amount of money. Prices are going up, gas gets more expensive, you know. They have to pay their per share part of STS. So I definitely agree with that and I'm prepared to vote. Chair Sarnoff. All right, so you want to state your motion? You want to --? Go ahead. Vice Chair Carollo: I could state the amendment to the motion. Chair Sarnoff Yes. Commissioner Gort: The amendment. Chair Sarnoff. And then see if the maker accepts and the seconder accepts. Vice Chair Carollo: Okay. My amendment would be -- and by the way, before I say the amendment, I'd also like to thank my colleagues for, you know, paying attention to each member of this Commission, to myself because I think as you all have come to realize, when I bring these issues up, I bring these issues up because I really think, first of all, they're reasonable. I think it's something that we need to look at. Andl think, you know, we all bring a different perspective to the Commission. And you know, it's very good to know and l feel proud to know that we really truly respect one another and that's part of being a team. My amendment would be for this to be a one-year contract, and after that one year, for it to come before us, andl would actually like for it to go out to bid then. Commissioner Suarez: I have no problem with that. Vice Chair Carollo: So it would be a one-year contract, and after that one-year contract, it would go out to bid -- Commissioner Suarez: To competitive process. Vice Chair Carollo: -- for a competitive process. Chair Sarnoff. And Madam City Attorney, the contract would be amended to indicate that, correct? Ms. Bru: We will make that modification. City ofMiami Page 39 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff All right. Vice Chair Carollo: And I'd like to add an additional amendment. Chair Sarnoff Go ahead. Vice Chair Carollo: That no monies be distributed or given out until we have clear, clear direction from the County that this money can be used for these services, because I do not want to fall into some type of situation where we start issuing monies and then we have to repay it and so forth and -- Commissioner Suarez: Yeah. And Mr. Chairman, I agree with that. I think we were doing the same thing in a roundabout way. By having the County Commission approve it, there would obviously have to be some sort of -- either they would have to disagree with their County attorney's informal opinion or the County opinion may -- when they do a formal opinion, may decide that once they've actually looked at the law more carefully, their, you know -- or maybe after examining -- hopefully, after examining the City Attorney's opinion and comparing it to whatever their internal information shows that it is in fact a legal source of -- utilization of the funds. So, yes, I agree with that amendment. Vice Chair Carollo: Okay. Chair Sarnoff So the maker has accepted. You have no other amendments, right? Vice Chair Carollo: Probably not. Chair Sarnoff Okay. The maker has accepted. The seconder was Commissioner Gort, I think. Commissioner Gort: I'll accept it, but I'd like to also -- at one time they used to have the funding from CDBG. Somehow it was taken away maybe two or three years ago, I don't know when, but I think we need to look at all those avenues 'cause this might qualifi, as one of the CDBGs. Yes, I accept the amendment. Chair Sarnoff And if you want to do a subsequent reso on that -- maybe what we'll do is a subsequent resolution. Vice Chair Carollo: I don't think we need to, Mr. Chairman. Commissioner Gort: No, that's fine. We don't need that. We don't need the subsequent -- Chair Sarnoff Okay. Vice Chair Carollo: I don't think we need to. And ifI may, I just want to say -- and by the way, I agree with Commissioner Gort that CDBG fundings [sic] can be used for public transportation in your district, in my district, in all of our districts, you know. And you're right, Commissioner Suarez. Andl think you remember many, many months ago the first thingl said was how little services they were providing in my district. So if you think you're being provided few services, I'm way below you. So I'm glad you -- believe me, I'm way below you. Chair Sarnoff All right. We have the maker -- just 'cause we have a long agenda. Vice Chair Carollo: I understand, Mr. Chairman. Thank you. Chair Sarnoff All right. We have the maker accepting, the seconder accepted. Any further City ofMiami Page 40 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 discussion, gentlemen? All in fav -- Priscilla A. Thompson (City Clerk): IfI might, please, Chair. I would need us to make sure that this modified resolution will include the amendment proffered by Commissioner Suarez and the amendments proffered by Vice Chair 'cause there were three diff -- Commissioner Suarez made one amendment and -- the subject to, and then Vice Chair made his two amendments. Andl just want to make sure on the record that that's what we'll see for this modified resolution. Chair Sarnoff Yeah. I think the only reason I'm stalling is I think Commissioner Suarez and I both know legally .Iubject to'beally meant the same thing -- Commissioner Suarez: Yeah. Chair Sarnoff -- as what Commissioner -- Commissioner Suarez: It's Okay. Chair Sarnoff -- Vice Chair was saying. Commissioner Suarez: But agree with it. Chair Sarnoff But -- Commissioner Suarez: Andl think the difference also is that this time we have a commitment from the Mayor, who is a very powerful lobbyist, I have to tell you, based on my District 4 allocation from the other day before the County Commission to go up there and fight for it. And Mayor, if you need me to the extent that I have any influence over any of the people up there, you have my support as well. Chair Sarnoff All right. Vice Chair Carollo: Commissioner Sarnoff, real quick. It'll take a few seconds. I just -- and since we're on the topic, I just want to let everybody know. I'm not going to say it in Spanish, but I know, Ms. Urra, you understand and you can relay the message and so forth. In the past, I have spoken to a few of your and I've said, listen, I have looked at the numbers very well. I looked at the budget. I'm usually pretty good at finding monies here and there, andl'm -- some would say that have a very creative mind andl'm very innovative. So, you know, I've seen some speculation in the past of whether we can do it or not as far as, yes, is it doable? Andl asked you, yes, please, if there's any questions with regards to how are we going to get transportation to Publix, how can we do this, how can we do that, I -- all of you, I welcome you to come to my office because I do believe thatl have found different resources on how we could do it, okay. So I just want to put that for the record and just for the future because my true intent is really to just escalate and raise the bar on transportation for the seniors. Thank you. Chair Sarnoff All right. So we have a motion as understood, a second as understood. Any further discussion, gentlemen? Hearing none, all in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnoff All right, PH.7 is now done. Thank you. Anybody -- if you want to file out, you guys are welcomed to file out. I'll give you a moment to file out. Applause. Chair Sarnoff But we do have a very, very thrilling trolley presentation. I'll give you a moment. City ofMiami Page 41 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 SR.1 10-01111 Department of Community Development If you want to get the ladies and gentlemen out, I'll give you a moment, or they can stay for a very enthralling trolley presentation. Vice Chair Carollo: (Comments in Spanish not translated.) Applause. Vice Chair Carollo: (Comments in Spanish not translated.) Commissioner Suarez: (Comments in Spanish not translated.) Chair Sarnoff All right, folks, we're not in recess. We're not in recess. Come on. END OF PUBLIC HEARINGS ORDINANCES - SECOND READING ORDINANCE 10-01111 FR/SR Summary Form.pdf 10-01111 FR/SR Notice of Public Hearing.pdf 10-01111 FR/SR Legislation.pdf Second Reading Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II 13225 Chair Sarnoff All right. We are now at -- PHs (Public Hearings) are done. Vice Chair Carollo: SR.1. Chair Sarnoff Set -- right, SR.1. Page 13, SR.1. Community Development. Vice Chair Carollo: If you want, I could move it for -- Commissioner Suarez: Yeah. Vice Chair Carollo: -- discussion -- Commissioner Suarez: Second -- Vice Chair Carollo: -- in the meantime. Commissioner Suarez: -- it's a second reading. Yeah. Chair Sarnoff All right. Vice Chair Carollo: So I make a motion. City ofMiami Page 42 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 SR.2 Chair Sarnofff. Motion by the Vice Chair, second by Commissioner Suarez. Having a public hearing -- anyone from the public wishing to be heard on SR.1, please step up. Hearing none, seeing none, coming back to the Commission. Vice Chair Carollo: Now -- and Mr. Chairman, I don't want to set precedence that we're going to pass this without having someone, you know, 'cause -- Julie O. Bru (City Attorney): If you want to, I could explain this ordinance. Would just amend our current provisions regarding the release of liens and we 're just amending it to provide that not only will the Manager have the authority to release leases -- liens -- City liens when it's for development of affordable home ownership. Now it'll be also for rehabilitation of not just home ownership, but rental Housing. So it is expanding the kinds of projects that would enable the Manager to release liens in connection with providing for affordable housing. Chair Sarnofff. All right. Alfredo Duran (Deputy Director): Excuse me. Yes, indeed. This is amending an ordinance that provides the Manager the ability -- Commissioner Gort: And who are you? Mr. Duran: Alfredo Duran, Community Development. Chair Sarnofff. And where were you? Mr. Duran: In the bathroom. It provides the Manager the ability to subordinate or release liens for the development of affordable home ownership. This would also include affordable rental. Chair Sarnofff. Okay. Let me open up a public hearing. Does anybody wish to be heard on SR.1? Commissioner Gort: We missed you this morning. Mariano Cruz: Mariano Cruz, 1227 26 Street. I spoke when the first reading thatl agree with -- I support it. Okay. Chair Sarnofff. You want to just adopt your previous comments? Mr. Cruz: But we have to take care of all these delinquent people or whatever. They get the money and they, you know, abscond with the money, okay. Thank you. Chair Sarnofff. Thank you. Anyone else wishing to be heard on SR.1? All right, public hearing is now closed, coming back to the Commission. I think we had a motion and we had a second. Madam City -- sorry, gentlemen. Any further 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): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. ORDINANCE Second Reading City ofMiami Page 43 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-01051 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 54/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "STREETS AND SIDEWALKS/CONSTRUCTION, EXCAVATION AND REPAIR," MORE PARTICULARLY BY AMENDING SECTION 54-42, ENTITLED "EXCAVATIONS," BY CLARIFYING EXISTING LANGUAGE AND CREATING PERMIT REQUIREMENTS FOR EXCAVATIONS THAT AFFECT THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01051 Legislation FR/SR.pdf 10-01051 SR Legislation.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Vice Chairman Carollo, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13226 Chair Sarnoff SR. 2. Vice Chair Carollo: I think that's you, Mr. Chairman. Nzeribe Ihekwaba: SR (Second Reading) -- Zerry Ihekwaba, Public Works director. SR. 2 is an ordinance to amend Chapter 54 of the Code, entitled Streets and Sidewalks; 'More particularly by amending Section 54-42, entitled Excavations. "The intent is to clarify existing language and permit requirements for excavations that affect the public right-of-way, specifically as contemplated by Florida Statute Chapter 556. The goal is to ensure compliance of the Florida Statute by minimizing the impact of expired utility markings within the public rights -of -way through the use of low -impact marking practices. For the record, the version of the ordinance that pass in first reading has been amended, pursuant to subsequent meetings with the industry as well as with the State. The Commissioners' office is aware of these changes and as well as the Law Department. Any questions? Chair Sarnoff Would you say now that the industry together with the State is in agreement with our changes? Mr. Ihekwaba: I will say yes, with conditions. The industry had requested and the City had consented to, more or less, remove references that commit any permit applicants to require prior commitments to the City before they will excavate any right-of-way, which was something that the Florida Statute did not -- you know, actually took away from the City. Chair Sarnoff Okay. All right. Vice Chair Carollo: So moved. Commissioner Gort: Question. Chair Sarnoff We have a motion by the Vice Chair, second by -- Commissioner Suarez: Second. Chair Sarnoff -- Commissioner Suarez. Let me open it up to a public hearing. Anybody City ofMiami Page 44 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 wishing to be heard on SR.2, please step up. Hearing none, seeing none, coming back to the Commission. Any discussion, gentlemen? You're recognized for the record, Commissioner Gort. Commissioner Gort: You know, looking through the neighborhoods and looking at roads and sidewalks, you can see where all those utilities and -- where storm water and sewers come in, that the -- they come in, they dig; and after they dig, they don't fix it up to the standard, and you can see it right here on 27th Avenue. I understand they're going to do it some time. I don't know when, but they promise they're going to do it some time. Now what you're telling me is we cannot request any kind of bonds or -- Mr. Ihekwaba: No. That's not the intent of this amendment. The intent is to minimize proliferation of utility markings. Those are paintings on the pavements and sidewalks -- Commissioner Gort: Right. Mr. Ihekwaba: -- that are considered graffiti. Commissioner Gort: But at the same time, the State took away -- and I didn't get it -- what was that what the State took away? Mr. Ihekwaba: The State took away previous instruments that we used to use requiring that there should be clean up and restoration that remove those graffitis by stating that municipalities cannot legislate on them. Commissioner Gort: Since I have you there, this is something that we can see all over the City, all the marking and so on, and we need to do something about. But at the same time, any time we have utilities or constructions, when people go into our sidewalk or our street, we need to come up with something that make sure they maintain it according to the standard of streets and the sidewalks. Mr. Ihekwaba: From my understanding, the spirit of the new legislation from the State requires the use of low -impact marking devices. These are paintings and types that tend to wear out over a shorter period of time. The previous types of markings lasted 30 days. We have been made to understand that this will last shorter period -- time periods. Commissioner Gort: No, no. I understand about the marking. I'm talking about the actual work when they dig and they supposed to repair that digging that they had performed is not up to the standard. Mr. Ihekwaba: No. Commissioner Gort: Okay. Mr. Ihekwaba: This is a City -mandated regulated item, which currently we utilize restoration bonds or performance bonds to obligate the contractor to restore the City to standards. Commissioner Gort: But I understand you have inherit a lot of these things, butt hope we can take care of these things in the future. Mr. Ihekwaba: We are vigorously pursuing the implementation of the City codes. Commissioner Gort: Thank you. Mr. Ihekwaba: Thanks. City ofMiami Page 45 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 SR.3 10-01136 Honorable Mayor Tomas Regalado Chair Sarnoff All right. Any other 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): 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. ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 3 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED, "ZONING AND PLANNING/ZONING APPLICATIONS FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/TEMPORARY STRUCTURES IN CONJUNCTION WITH OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES," MORE PARTICULARLY BY CREATING NEW SECTION 62-535, TO PROVIDE FOR TEMPORARY USES OF VACANT LANDS IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN SUCH SECTION; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. 10-01136 Legislation.pdf 10-01136 SR Legislation.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez 13227 Chair Sarnoff Oh, I'm sorry. F -- SR.3. Barnaby Min (Administrator): Barnaby Min, with the Office of Zoning. SR.3 is sponsored by the Mayor. It's an amendment to Chapter 62 of the City Code to allow for temporary uses of vacant lands. The change is between first and second reading; include clarifications of the permitting process, as well as incorporating changes that were discussed on the floor during first reading, which were the concerns about spill -over parking into the residential zones and the landscaping requirements brought up by Commissioner Gort. Chair Sarnoff All right. It's a public hearing. Anybody wishing to be heard on SR.3, please step up. Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Chair Sarnoff Motion by Commissioner Gort -- Commissioner Dunn: Second. Chair Sarnoff -- second by Commissioner Dunn. Any discussion, gentlemen? I have a few things. This ordinance allows us to put up cyclone fences or some people call them chain -linked fences. I believe in this ordinance you've also put in that you have to have an apron way or something on the chain -linked fence. City ofMiami Page 46 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Min: Respectfully, that's a separate ordinance. That's in the PZ (Planning & Zoning) agenda. I believe it's PZ.5. Chair Sarnoff Oh, wrong one. Sony. Gotcha. This is the one that just talks about -- Mr. Min: This is just temporary uses. It's not necessarily for the fencing. Chair Sarnoff I'm sorry. Okay. Any discussion, gentlemen? All right, Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. SR.4 ORDINANCE Second Reading 10-01145 Department of Public AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Works 55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SUBDIVISION REGULATIONS," MORE PARTICULARLY BY AMENDING SECTION 55-15, ENTITLED "VACATION AND CLOSURE OF RIGHTS OF WAY AND PLATTED EASEMENTS BY PLAT', TO ALLOW FOR THE EXPANSION OF THE ALTERNATE METHOD SYSTEM FOR VACATING ALLEYS TO INCLUDE THOSE UNIMPROVED ALLEYS IN T3 TRANSECT ZONES WHICH ABUT OTHER TRANSECT ZONES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01145 FR/SR Summary Form.pdf 10-01145 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 13228 Chair Sarnoff SR. 4. Nzeribe Ihekwaba (Director): Zerry Ihekwaba, Public Works. SR.4 is an ordinance amending Chapter 55 of the Code to enhance the alternative alley closure and vacation procedure by relaxing certain restrictions, to allow additional unimproved alleys to qualnY for closure and vacation using the alternative procedure. Any questions. Chair Sarnoff All right, let me open up a public hearing. Anybody wishing to be heard on SR.4, please step up. Mr. Cruz, you're recognized for the record. Mariano Cruz: Yeah. Mariano Cruz, 1227 Northwest 26 Street. No. The only question I'm going to ask because of the vacation of the alleys, like in Allapattah, they vacate an alley there and give it to the store Winn -Dixie. When we give that piece of property, that was a few hundred square feet of land to the Winn -Dixie, did the City get any money in return for giving the vacation City ofMiami Page 47 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 of the alley or that was in view because they were building a new market there? You know, Willy, when they move the Winn -Dixie from the front on 18 Avenue back, there was an alley there behind the stores and the alley was vacation, you know, and they gave it to Winn -Dixie. There was a lot of land there. I don't know if they paid for the land, only thing. We should get any money for that land; it belong to the City. Okay. Thank you. Chair Sarnoff. Mr. Cruz, when you address Commissioner Gort, you should address him Commissioner Gort. Mr. Cruz: Oh, me? Chair Sarnoff Yes. Mr. Cruz: 1227 Northwest -- Chair Sarnoff. No, no, no, no, no. Mr. Cruz: Oh, the place is the -- Chair Sarnoff. If you're going to -- Mr. Cruz: -- used to be 3451 Northwest 18 Avenue. Chair Sarnoff. -- address a Commissioner, you should do so Commissioner Gort." Mr. Cruz: Oh, I'm sorry. 'Cause I was asking -- Chair Sarnoff. I know -- Mr. Cruz: -- a question. Chair Sarnoff. -- you're not offensive. I just -- Mr. Cruz: I know. I'm sorry. Chair Sarnoff. -- I'm just bringing it to your attention. Mr. Cruz: I didn't want to be rude because I follow protocol. Chair Sarnoff. I just wanted to call you on that. Mr. Cruz: Get a definition of protocol on your Wikipedia there. Chair Sarnoff. Thank you, Mr. Cruz. Mr. Cruz: Okay. Chair Sarnoff. All right. Anyone else wishing to be heard on SR.4? All right, do we have a mover on SR.4? Vice Chair Carollo: So move. Commissioner Gort: Move it. Commissioner Dunn: Second. City ofMiami Page 48 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft Motion by the Vice Chair, 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): 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. SR.5 ORDINANCE 10-01052 Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 38/ARTICLE II OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "PARKS AND RECREATION/USE REGULATIONS ", BY CREATING A NEW SECTION 38-77, ENTITLED "DESIGNATED CHILDREN PLAY AREAS" , PROVIDING THAT AS TO "DESIGNATED CHILDREN PLAY AREAS", ADULTS MUST BE ACCOMPANIED BY A MINOR IN AREAS DESIGNATED AS CHILDREN PLAY AREAS ; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01052 Pre Legislation Miami Beach.pdf 10-01052 Legislation. pdf 10-01052 SR Legislation.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Chairman Sarnoff, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13229 Chair Sarnoff SR. 5. Let me do SR.5, if you don't mind, gentlemen. This is the ordinance that we brought to you on first reading which allows designated children's play area. It is the enabling ordinance. You then can, by resolution, designate the various parks that you believe should be designated as children play areas only. What that does is it requires an adult who is sitting there to have a child as opposed to an adult who is sitting there that doesn 't have a child. And what that does is it gives at least the police officer and at least a probable cause/reason to make an inquiry as to why that person may be sitting there. We're not alone on this; City of Miami Beach passed something substantially the same. I think it's just a good tool for an officer to have. So what I'll do is pass the gavel and I'll be the mover and ask the Vice Chair to open up a public hearing. Vice Chair Carollo: I have a motion by Commissioner Sarnoff. Is there a second? Commissioner Gort: Second. Commissioner Dunn: Mr. Chair. Vice Chair Carollo: Seconded by Commissioner Dunn [sic]. Anyone from the public wishing to City ofMiami Page 49 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 speak on this item? Anyone from the public wishing to speak on this item? The public hearing is now closed, coming back to the Commission for discussion. Anyone -- any member from the Commission has any discussion on this item? I have a question. Madam City Attorney, as regards with constitutionality of this, are you okay with it? Can you elaborate? Julie O. Bru (City Attorney): I feel comfortable with this. I mean, this is simply a regulation that you're adopting, which is intended to make sure that those play areas that have been designated to be utilized by children and their guardians are not subject to unwanted and perhaps dangerous, loitering, and prowling, and other criminal activities of individuals. Vice Chair Carollo: Pedophiles. Ms. Bru: Yeah. That nobody has a fundamental right to be going into a children's play area. So we are rationally doing this to promote a very legitimate interest of the City. Vice Chair Carollo: Andl have another question. Is this all children's play areas, or by resolution of this Commission, do certain areas we can name or so forth say that this play area can only be visited by adults with children? Ms. Bru: Right. At this point, this enables you to, at some future point in time, designate particular areas that are suitable as children's play area. Vice Chair Carollo: So if we pass this right now, realistically everything maintains the same for the exception of -- that now we have the power, for lack of better words, to designate certain areas -- Ms. Bru: By resolution. Vice Chair Carollo: -- by resolution, areas that needs to be -- any adult needs to be accompanied by a child. Ms. Bru: Correct. Vice Chair Carollo: Okay. Any other discussion? Hearing no discussion, Madam City Attorney, it is an ordinance. If you could read it for the record. Ms. Bru: Okay. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 4-0. SR.6 ORDINANCE Second Reading 10-01210 Downtown AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER Development 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, Authority ENTITLED " PANHANDLING PROHIBITED IN CERTAIN AREAS," MORE PARTICULARLY BY AMENDING SECTION 37-8 TO EXPAND THE BOUNDARIES WHERE PANHANDLING IS PROHIBITED; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE City ofMiami Page 50 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 DATE. 10-01210 Memo-DDA.pdf 10-01210 Map- Panhandling Prohibited Areas.pdf 10-01210 Proposed Expansion Analysis.pdf 10-01210 Legislation.pdf 10-01210 SR Legislation.pdf 10-01210-Submittal-Bob Hundevadt E-mail.pdf Motion by Commissioner Dunn II, seconded by Vice Chairman Carollo, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez 13232 Vice Chair Carollo: And I'll turn the gavel back to -- Chair Sarnofff. All right, SR. 6. Vice Chair Carollo: -- Commissioner Sarnoff. Chair Sarnofff. I gave them a time certain. SR. 6 is presented by the Downtown Development Authority. It is an ordinance amending the panhandling prohibited in certain areas. Mr. Solowsky, you're recognized for the record. Jay Solowsky: Yes. My name is Jay Solowsky. I reside at 2127 Brickell Avenue. We're here for the second reading of the panhandling ordinance. I would ask the Assistant City Attorney, Veronica Xiques, to read for us, and then I would like to briefly comment and update the Commission on what's occurred since the first reading before the floor is opened. Chair Sarnofff. You're recognized, Madam City Attorney. Veronica Xiques (Assistant City Attorney): Mr. Chair, since this is an ordinance, we'll read the title right at the end, before you take a vote. Chair Sarnofff. All right. Does anybody want to tell us how it's been modified now? Mr. Solowsky: There has been no modification between first reading and second reading today. At the first reading, I offered and made myself and the DDA (Downtown Development Authority) available to meet with any stakeholder or group that had an interest in the outcome of this ordinance. I would like to report to the Commission that received only one contact and that was from Rita Clark from the Miami Coalition, for which I commend her. She asked for our backup and provided it to her. No one other than Ms. Clark has commented, has offered amendments, has offered anything else. As you listen to the speakers, I urge you to remember that this ordinance is not about homelessness. Commissioner Dunn: Yeah. Mr. Solowsky: It is about panhandling. It is about rules. And in this case, there's a legitimate basis for the institution and expansion of what is a reasonable time, place, and manner restriction. I would ask the Commission if you have any questions, I'm here to answer. Otherwise, I don't want to rehash what we did last time. We have numerous speakers here today. Chair Sarnofff. Just for the record, just by a show of hands, how many people anticipate speaking? Just raise your hand, right hand. Okay. How many people here are in support of the ordinance? Okay. All right, let's do this. If you could line up on both sides. City ofMiami Page 51 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Let me -- Vice Chair Carollo: Mr. Chairman. Commissioner Gort: -- ask you a question. Let me -- Chair Sarnofff. Go ahead, go ahead. Commissioner Gort: -- ask the question again. How many people in support of this ordinance? Thank you. How many people against this ordinance? Thank you. I think we can hear from the people -- Vice Chair Carollo: I agree. Commissioner Gort: -- that are not in support and -- Chair Sarnofff. Let's start -- Commissioner Gort: -- we'll save some time that way. Chair Sarnofff. All right. Let's start -- let's do it this way. Let's -- is there a motion? Commissioner Dunn: So move. Vice Chair Carollo: Second. Chair Sarnofff. A motion by Commissioner Dunn. There's a second by the Vice Chair. I'm going to open up to a public hearing. The first people I'd like to hear from are those opposed to it. I'm not going to preclude those who came here and took time out of their day from not speaking. I would say this to those who are speaking in support, brevity, brevity, brevity 'cause you outnumber them by a lot. If you heard something that you've heard said already, state your name for the record; I support the ordinance; a brief sentence or two as to why, if there's something special to you. If you've heard it said before and you agree with it, just say I agree with what's been said. Agreed, everybody? All right, let's have the people in opposition standup here. You're recognized for the record. Rita Clark: Good afternoon, Chair and Commissioners. Rita Clark, policy director, Miami Coalition for the Homeless. Last month I was here and listened to you grapple with the difficult issues regarding panhandling in the downtown area. And yesterday I had the opportunity to meet with many of you to share information about the Miami Coalition for the Homeless and our continued interest in working with all of you to serve as a resource and a partner for issues related to homelessness in our community, andl also reviewed the arrest statistics that were provided to me related to the panhandling since the beginning of this year and it's obvious, with the number of arrests, that this is a significant drain of resources on law enforcement, judicial, public defenders, prosecutors, the jails, the judges. And our system -- and it's my understanding it takes no less than one hour, sometimes up to three hours to process someone at the jail when they've been taken there after a panhandling arrest. And there are many of us in the community that are working (UNINTELLIGIBLE) and alongside the Miami -Dade Homeless Trust on issues and solutions that would be a more viable alternative than the expansion of this ordinance . And we all know the importance of supportive housing and services for those that are homeless that may be on the streets that are engaging in panhandling, and we know that Miami -Dade County does lead the nation in its continued efforts to assure we have supportive housing and services. We're often recognized in the City ofMiami as well, specifically from the compassion in their investment in all of the work that we do around homelessness. And so we would hope that you City ofMiami Page 52 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 (UNINTELLIGIBLE). I know that you've received a copy of (UNINTELLIGIBLE) resource work -- resource center that was provided, and know I provided it again yesterday for those of you that met with. We'd really urge you to consider reviewing that as an alternative. And again the Miami Coalition for the Homeless does not support the expansion of this ordinance because criminalization of those that are homeless and on the streets only creates more barriers for employment for housing, for stabilizing them. And again, we look forward to working with you as a resource and a partner. Thank you. Chair Sarnoff Thank you. Next. Constance Collins Margulies: Thank you. My name is Constance Collins Margulies. I'm the director of the Lotus House Women's Shelter. I am here to oppose the ordinance. In January of this year, when it was freezing cold outside and raining, I was driving through the streets of downtown and taken by how many people we have living on those streets. We have consistently had hundreds and hundreds of people living for years downtown who need access to resources and for a wide range of reasons are not getting them. To punish someone who is asking for help is not a solution. I know that it's difficult to be asked for money, okay. It's not fun for any of us to watch someone else suffering, but to put them in jail because we don't have other more compassionate solutions, I think, compounds the problem. Of course it creates a criminal record for that individual. But I think, as a community, we have a larger moral obligation to address the needs of people who are on the street. Andl agree with the notion that not all panhandlers are homeless, but it does disproportionately affect people who are homeless. And there are many people who are living on the edge who try to get by on Social Security or disability income, who are just as desperate for assistance as those who are homeless in our downtown area. A compassionate solution would be to provide a safe haven in the downtown core with nutritious meals, with access to medical and mental health treatment, with a job training program and job readiness assistance that really provides a way off the streets. Chair Sarnoff And in conclusion. Ms. Margulies: The City shelters are full. They have been full for months. There is no place for people to go. If they're asking for food and they're asking for shelter, it's because they don't have it now. To send someone to jail for that, I think is a crime in and of itself. Chair Sarnoff Thank you. Ms. Margulies: I'm hopeful, as a community, we have more to offer than that. Thank you. Chair Sarnoff Thank you. Tiernan Cole: Good afternoon. My name's Tiernan Cole. I'm a member of the board of the American Civil Liberties Union of Greater Miami. I reside at 1775 Southwest 8th Street -- or Southwest llth Terrace, my mistake. Commissioner Gort: Okay. Mr. Cole: The ACLU (American Civil Liberties Union) is against this ordinance for a number of reasons. First, the civil liberties implications. One, it criminalizes speech. The very act of coming up to somebody and asking for money is much different than pestering somebody for money, from assaulting somebody for money, which is already illegal. A lot of the reasons that we have heard for this ordinance is that people are being harassed constantly on the street, people are being threatened on the street for money, and that may be a problem, but that's not regular panhandling. That's assault. That's attempted mugging. It's far different than just saying, hey, I'm hungry; can you spare some money for a loaf of bread. It's far -- it's a far cry to equate give me money or I'll hit you'to give me money for some bread, please. "Now I understand City ofMiami Page 53 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 why the Downtown Development group wants this ordinance to go forth. Nobody likes seeing panhandlers in -- up in the -- what should be the jewel of the City, what should be the nicest area of the City. But simply to try to beautify the area by preventing people from asking for help by criminalizing this act doesn't sound reasonable. It doesn't sound reasonable by any stretch of the imagination, especially considering that the activity that has been the impetus for this ordinance, is already illegal. It just needs to be reported. Chair Sarnoff. And in conclusion. Mr. Cole: My concluding thoughts is thatl urge this Commission to not accept this, to do the right thing and not succumb to what is clearly a misunderstanding as to what the nature of panhandling is. Chair Sarnoff Thank you. Mr. Cole: Thank you. Chair Sarnoff. You're recognized for the record. Mariano Cruz: Mariano Cruz, 1227 Northwest 26 Street, Miami, Florida. I have been here part of the community since 1962, andl know Miami 'cause I drove it. I am a member, too, of the ACLU, but that doesn't make no difference to me. (UNINTET,T IGIBT ,F) I come here as a resident of the City and I know the City. I drove a taxi many years. And you know who cause the problem in downtown? The business people. The change of zoning of the City, they eliminate all the rooming houses that were in downtown because I knew it, all the rooming houses. You could go there, room and board one dollar a night. You could do day labor, go there and get your bottle or whatever, Manischewitz or whatever it is. I stay home. And you were not in the street. But then when they build all these big buildings and the zoning changes, they eliminate all that housing. And then we got Camillus House, we got all different rescue missions, andl know that because I was there. Andl not a member of the NIMBY (Not In My Back Yard) fighter or the NIMFY (Not In My Front Yard) fighter --Not In My Back Yard-- no. But you're going to do what you got to do because you've been lobby already, the interest. Money talks, and that's the way it is. I -- oh, I know here in Coconut Grove they were opposed to the homeless. Andl a member of the Camillus House board too, so I know what it is. They go to church like Saint John Newman and they feed the people in Allapattah. They don't want them in the neighborhood, no. Matthew 25 say feed the hungry. No, but Matthew 25 say also I was a stranger and you took me in. They just take whatever they want from Matthew 25. Oh, I was -- oh, look here. I see a lot of veterans out there asking for money too. They shouldn't be 'cause I tell them you are on disability, you get over $2, 000 a month and you can go to the VA (Veteran's Administration) and to be taken care, but no. You cannot legislate so much the morals or whatever of the people, but have a little -- the Judeo Christian way or do it -- otherwise become rhetoric only, rhetoric. No. Actual -- Chair Sarnoff. And in conclusion. Mr. Cruz: -- you know that -- Chair Sarnoff. And in conclusion. Mr. Cruz: -- for your deeds, all your deeds -- this is a public hearing. Chair Sarnoff. And in con -- Mr. Cruz: Public hearing. Chair Sarnoff. Thank you. You're recognized for the record. City ofMiami Page 54 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Michael Slyder: Well, good day, Commissioners. How are you? My name is Michael Slyer. I'm the chief financial officer ofMekka Miami. That's located 950 Northeast 2ndAvenue. It's a downtown nightclub. I'm also vice president of the Miami Entertainment District Association, which is comprised of a number of nightclubs, restaurants, and bars, and a number of our employees are here today. Will you guys please stand? Or if you are standing, raise your hands? As many people stated in the previous meeting, this ordinance isn't about the plight of the homeless. It's about particular behavior that must be curbed, behavior that those who live and work within the district have characterized as threatening, aggressive, and at times violent. There's not a day that goes by that I am not asked by someone on the street for money. That's not the problem. A number of these people ask with respect and accept the donor's decision whether or not to give, but there is a group within the panhandlers that expect and feel entitled to donor money. They have learned that subtle and not so subtle intimidation is an extremely effective strategy. Make no mistake about it, what they are doing is premeditated and not simply a reaction to rejection. The result is a reinforcing cycle that is escalating in both number of incidents and more importantly, the intensity of incidents. My partner, staff customers have been victimized or witnessed several incidents that are nothing short of shocking. For instance, a man aggressively pursued a nicely dressed woman on the sidewalk adjacent to our business. It was the morning. He rush at her and with a voice equally intimidating, asked her repeatedly for money. We observed this and attempted to intervene, telling him to stop and that we would call the police and have him arrested for trespassing. He turned his attention away from the woman and screamed I know my F'ing rights and I'm not on your property. "He was correct. Gentlemen, you need to focus your attention on this matter for everyone's sake, including the homeless. Many who are homeless do not engage in this behavior, but the average citizen accosted by one of these aggressive people will not make that distinction. Those who advocate -- Commissioner Gort: In conclusion. Mr. Slyder: -- for the homeless should recognize that the stigma associated with the homelessness will increase without providing the police the tools necessary to manage the problem. Chair Sarnoff I need -- Mr. Slyder: Commissioners -- Chair Sarnoff -- you to conclude. Mr. Slyder: -- the next time an aggress -- that aggressive panhandler comes around, I would like to be able to tell him that his behavior is a violation of the law. You must act decisively and unanimously regarding this important ordinance. Thank you. Chair Sarnoff Thank you. Next. Please -- I'm going to cut it off if you're not standing up at the dais -- if you're not standing up at the podium. So that's it, these are the only two speakers, correct? All right, public hearing will be closed right after them. You're next, sir. Robert Hundevadt: Good afternoon. My name's Robert Hundevadt. I'm here speaking in support of this ordinance. I represent the American Airlines Arena and the Heat Group, located at 601 Biscayne Boulevard. On behalf of -- we get about 1.3 million visitors to our facility over the year. And on behalf of the facility, the organization, and promoters that bring the business into downtown Miami would like to speak on behalf of the ordinance. Chair Sarnoff Thank you, Robert. Giorgio Saumat: Giorgio -- City ofMiami Page 55 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff. Yes, sir. You're recognized. Mr. Saumat: -- Saumat, 255 Northeast 14th Street. Chair Sarnoff. What's your first name? Mr. Saumat: Giorgio Saumat, the DRB (Democratic Republic ofBeer). I live, work, and play in the area, andl can tell you this is not about homelessness. It's more about safety. Aggressive panhandling's already not legal, but regular panhandling leads to aggressiveness. Andl think if you guys care about our safety -- we put you in this position to be our elected officials. We don't envy your job, but we definitely expect you to protect us and make sure that this kind of stuff doesn't escalate, and this is one way to stop it. Thank you. Chair Sarnoff. Thank you. Gabriel Garcia -Vera: My name is Gabriel Garcia -Vera. I'm the chair for the Student Allocation and Programming Board at the Miami Dade College, Wolfson Campus, and my address is 415 Almeria Avenue, Coral Gables, 33134. I'm here to talk to the Commission today about something that's very dear and close to my heart. It's the cornerstone of our society and to me it's our prize possession. It's not only our education, but the people that continue their educations into the higher levels and continue to make this community prosper. Whether it be walking to class or waiting, you know, to buy a sandwich, it's not necessarily an issue of homelessness because that's not what this is. Because clearly, Miami Dade College, across-the-board, as well as many organizations within the downtown community, do provide services towards the homeless as well as volunteer tremendously and put out all our efforts. It's not an issue that we're not compassionate. It's an issue that our students deserve safety and they deserve the same right to have a comfortable educational environment where they don't feel pressured, where they're not worried, where I don't have students calling, or I don't have young women telling me everyday *ell, I feel unsafe walking to my car alone, 'and that bothers me 'cause I know that Miami Dade College is an outstanding mark in this community and I'd like all of you to really consider that. Thank you. Chair Sarnoff. Thank you. Good morning. Good afternoon. Jose Goyanes: Good afternoon, Commissioners. Jose Goyanes, 4 Southeast 1st Street, Miami, Florida 33131. I'm a downtown business owner. I'm a downtown property owner. And I'm a downtown resident. So I live that 24/7 life in downtown Miami. Today I come here to speak about the business community in downtown Miami. We have been carrying the burden of homelessness on our backs. This has nothing to do with it. If there's a community that helps the homeless community more than anyone, it's the downtown community. We have the HAC (Homeless Assistance Center) in downtown. We have Camillus in downtown. Even the churches and every other community comes to feed the homeless in downtown. This is not a homeless problem. What I am here to say today is that my customers, whether they come from South Miami, Brickell, Coconut Grove, or Coral Gables, they don't need to be subjected to a gauntlet before they stop into my restaurant or into my retail store or into my service business. That is not right. That's when their rights are start interfering with my rights. Give us our competitive advantage again in this community and help build downtown. Thank you. Chair Sarnoff. Thank you. Emilio Guerra: Good afternoon. My name is Emilio Guerra, andl live at the 900 Building. I'm a resident of downtown. I also work in downtown. I'm a stakeholder in downtown. I can honestly say that the streets have gotten much safer lately because of the efforts of the Police Department. However, there's still fear in many residents' eyes to walk at night. The City ofMiami Page 56 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 panhandling has a direct influence on this. It's also influencing our businesses. Currently I have a lease on a 12,000 square foot venue. I would like to renew my lease and open up a restaurant there. However, I can't because no one in their right mind would go and eat in those streets with the panhandlers and the way they accost our current customers and the other businesses we have in the area. I'm in full support of the ordinance. Thank you very much. Chair Sarnoff Thank you, Emilio. Yes, sir, you're recognized. Joseph Guaguardo: Good afternoon. My name is Joseph Guaguardo and I'm part of the owners ofMekka. I parks downtown. My staff works downtown. We know everyone and everything that goes on in downtown. I want to talk about responsibility. The responsibility of new residents that are spending hundreds and thousands of dollars in the condos across the street, our customers. and all the visitors that come in downtown Miami, either the games or the nightclub. It is embarrassing when I have to explain homelessness and begging on the street. That do come - - they're becoming more and more aggressive than -- I've been here for four years, and now you can't even -- you can't say no to them. They get right into your face. Andl would like to say the Camillus House is full because they're using downtown as a dumping ground. The churches on Sunday morning, you come in at -- between 10 and 12 noon, trucks full of food. What happens afterwards? There's trash everywhere. The church is trying to do something nice. Can they do - - pick up after themselves because they're leaving garbage everywhere and it's a bad look for all of us. You guys want us to keep downtown clean, and we clean it. It's more cleaner now than it's ever been in the history of the nightclub industry since we took it over -- no, the 24-hour district. But we clean. Sunday afternoon, there's garbage, trash everywhere. Something has to be done. Thank you. Chair Sarnoff Thank you. Anyone else wishing to be heard on this issue? Folks, if you're not at a podium, I'm going to close the public hearing. I really want to try to figure out who else wants to speak. You're recognized for the record. Louis Puig: Louis Puig, owner of Club Space, Miami, resident of the 900 Condominium, 900 Biscayne Boulevard for the past year and a half, and owner of Club Space since early 2000. I was the first out in the Park West district, so I literally experienced the full spectrum of the area through the past ten years, andl can say that it's a lot better, but it will not get better unless we get rid of the panhandlers and unless we clean up the streets. My customers -- I mean, I have probably 500,000 people attend my nightclub a year, and I've seen all kinds of -- you know, from stabbings to breakings into cars; you know, people getting held up, people getting assaulted by the homeless over a parking space because they will not let them park in the parking space unless they give them money. It's not a safe area to be at night. And until we clean it up, that whole area will never look any better than it does right now. We really need to take care of this problem. Thank you. Chair Sarnoff thank you. Yes, ma'am, you're recognized for the record. Jennifer Sotolongo: Thank you so much. My name is Jennifer Sotolongo and I'm the student government president atMiami Dade College, Wolfson Campus. I'm here today to speak on behalf of the bill [sic] that's being put, andl also want to be -- recognize my students that are here today because I do represent the student body ofMiami Dade College, Wolfson. So if they can please stand so that they'd be recognized. Thank you so much. I want to say that we're in full support of the ordinance. Thank you. Chair Sarnoff thank you. Sarah Dawood: My name is Sarah Dawood. I'm a resident of 999 Brickell Bay Drive. I am a student atMiami Dade College, Wolfson Campus. I'm also the president of the International Club. I also want to say that I support this ordinance. We don't feel protected. Please protect City ofMiami Page 57 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 us. Thank you. Chair Sarnofff. Thank you. Yes, sir. Ken Harris: Hi. Ken Harris, vice president of operations, Adrienne Arsht Center. The Adrienne Arsht Center for the Performing Arts supports the Miami City's [sic] Commission's continued revitalization of downtown. The Adrienne Arsht Center is anticipating 500,000 patrons to visit our campus this season, and creating a positive experience for our guests is paramount. As our downtown residential population grows and the number of visitors to our neighborhood rises, expanding the no panhandling zone in a manner that is respectful of the rights of all citizens should be seriously considered. The safety and security of the urban core is critical to the growth of our City. Thank you. Chair Sarnofff. Thank you, Mr. Harris. Yes, sir. Anthony Whitfield: Hello, everyone. How y'all doing? My name is Anthony Whitfield, 6112 Northwest 7th Avenue. I understand what's going on with the panhandling and the homeless. Something has to be done, but at the same time, if you lock them up because they're panhandling, looking for money, looking for food then that's a problem, not the problem on them. It's a problem on us because we don't have the adequate place to put them at. If there's a situation where we need to clean up the streets and get them off the streets so they're not sleeping on blankets and on cardboards and different things like that, we should take some of these houses that's abandoned, fix them up, and place them in there, of course under supervision, but we've got to get them off the street, but you can't get them off the street and lock them up because guess what? We still got to pay for them. So why not pay for that rehabilitation, fix their brains, fix different things about them and get them inside to be -- so they can be able to move forward with the rest of the generations. We cannot lock them up and just throw away the key with them. Thank you so much. Chair Sarnofff. Thank you. Mr. Whitfield: You have a great day. Applause. Chair Sarnofff. All right. Anybody else wishing to be heard on this item? Public hearing is now closed coming back to this Commission. Commissioner Dunn: Mr. Chairman. Vice Chair Carollo: We had a -- Commissioner Gort: Mr. Chairman. Chair Sarnofff. We had a motion. Commissioner Dunn: We have a motion already. I wanted -- Chair Sarnofff. Okay. You're recognized, Commissioner Dunn. Commissioner Dunn: I made the motion for this, and I'm sure some are probably saying, you know, he's a minister; how could he do something like this. Really, it's a -- it's somewhat complex, but then it's really simple. There is a biblical passage that says -- andl would ask the Chair and my colleagues, just allow me a few minutes 'cause this -- it is a multidimensional item -- study to show thyself approved unto God, a workman needed not be ashamed, but -- here's the City ofMiami Page 58 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 key word -- rightly divide the word of truth. And for me, on the surface, I would not support this item, on the surface. Because we've got to be very careful while we are talking about getting law and order that we do not forget the human side and the compassion side. Because one of the things that we all have to be very careful of -- andl think this economy has proven it -- but for the grace of God, there go I So I think want to put that in perspective. But then at the same time, rightly divide the truth. We've got to be able to differentiate and distinguish and clearly define homelessness. Andl'm honored today to say that the churches that I've been involved with, dating back to the '80s in Atlanta, George, where I would pick up folk from downtown Atlanta. You're talking about cold weather. We had cold weather there in Atlanta. Here to Miami, I've been working -- our churches have been working with the HAC for many, many years since its inception. I probably have personally referred over a hundred people to the HAC, via coming to the church or people calling, so I'm very sensitive and compassionate with this issue, even to the extent that when Shanty Town, Umoja Village was operating in Liberty City, I spent a night out there in the rain with some of the people to try to be sensitive to the -- I was not a Commissioner. I was not running for office. It was just something from the human side and the ministerial side that I had. I spend the night. And another time I spent the night in Overtown and in downtown Miami to try to get a feeling. Now we know homelessness, homelessness -- a lot of homelessness is attributed to mental illness. I know a lot about this. I've been dealing with this nearly 20 years. Now there is a difference between homelessness -- andl know somebody's going -- may be offended by me using this word, but I got to use it -- and hustle. A lot of what occurs with panhandling is straight up hustle. I don't too much -- I -- you know, I'm concerned about downtown Miami. I'm -- the Triple A and the students ofMiami Dade. I don't want it in District 5. When you come off ofI-95, 62nd Street, Martin Luther King Boulevard, by the McDonald's Restaurant, there are people sometimes standing out there panhandling, and it becomes a public safety issue, it becomes a fear issue when you talk about females. I have a wife. I have a sister, niece. People have daughters. Andl do -- andl have witnessed individuals who -- I'm not saying all, but I have witnessed individuals who panhandle who are aggressive, who are demanding, who do invoke fear. Just last night, Commissioner Gore [sic], I got a little hungry andl went to the McDonald's in your district on 36th Street and 22ndAvenue. That's your district, right? Commissioner Gort: That's it. Commissioner Dunn: And a guy -- not -- he didn't -- he came in the drive-thru. Andl have to admit, it kind of caught me off guard. I wound up my window because I, you know, was afraid. And so I -- something has to be done to protect the citizens. There is a difference between homelessness and hustle, andl submit today -- andl feel very clear in my conscious. I've been dealing with this for a long time in many shapes, forms, and fashion. I feel very clear. I take my religious convictions of over 31 years of being a minister at the age of 18 -- well, 50 now, but for 31 years. I take it very serious, very serious. Andl'm clear that something has to be done to protect. Now we have one of the best coalitions for the homeless in the country. It is one of the best. We have the support of the Green Shirts here in the City ofMiami, that they do a good job in terms of that, referrals and that kind of thing. And for the most part, for the most part, people who want to find legitimate shelter are accommodated, for the most part. But I submit to you today that there are some people who don't want to go to shelters. There are some people who do not want to have -- get the proper -- the appropriate -- we studied it. We dealt with that with the Umoja Village. Some people just want to live on the streets. Some people just want to hustle people. And some of it is drug -related and alcohol -related. We just got to put it on the -- put it right down the middle where it is. And so am I compassionate? Yes. Andl do caution all of us, when we refer to homeless people, let's treat them like human beings because they are human beings. Andl'm reminded of whatsoever you do to the least of God's little ones, we do it also unto ourselves. But with that being said, I support cleaning up our streets. Andl'm not -- I love downtown Miami. It's a beautiful. It's picturesque. It's every -- but I want it in District 5 too. Chair Sarnoff. Commissioner Gort. City ofMiami Page 59 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Mr. Chairman, I think it's -- Applause. Commissioner Gort: Please don't. No, no. I think a little history is very important. We talk about the compassion. The City ofMiami was one of the first cities in the United States who spent millions of dollars in setting up shop to work with the homeless. Downtown Miami, the DDA created a program where we took homeless off the street, we train them, and we put them to work in downtown Miami, and these are differences. When we -- andl was one of the -- I thinkl was the only Commissioner at that time that was in the meeting that we had at the Hyatt to approve the first homeless shelter in downtown Miami. We had over a thousand people and there was only three votes in favor of it; I was one of them, even though a lot of the people in downtown didn't want to have it there. They made a commitment after they build the one in downtown, they will build one in the south and one in the north 'cause we were arguing . And I'm sorry you guys weren't here, but earlier we were discussing all the problems we're having in the City ofMiami because of people being arrested outside of the City ofMiami. They're brought to the City ofMiami to be booked. People that -- they get picked up from the hospitals, they taken because whatever the disability they have or their mental ill, they're dropped in Jackson and then they're let go right in the middle of the City ofMiami. The City ofMiami has the burden of all of Dade County. We are compassionate. We are dealing with the homeless. The problems that we have -- and that gentleman that went to see you, I had to go see him the other day. He was dead. He was laying down there on 36th Street and 31stAvenue. We called rescue. Rescue came over. You can tell that this gentleman has not had a bath for maybe a month. They tried to -- rescue tried to help him. They wanted to take him somewhere, but he didn't want to. And he had been kicked out in one of the shelters 'cause he was an alcoholic. I think we do have a problem, and we have a lot of people who want to help and -- but you have the mental ill, you have the alcoholic, and you all have the other ones, the addicts, the drug addicts. Those are the people, they need professional assistance. We at the City cannot provide that. Those people, you have to work -- we have to work together. We've spent more than $30 million a year in helping the homeless and trying to deal with this. And let me tell you, like -- Reverend Dunn, I go way back in dealing with the homeless. It's a problem that is very difficult. A lot of them don't want help. We have groups in here that we spend over 2, $300, 000. We had teams that go to the homeless when we call them. They try to give them help. They don't want help. And the guys doing the panhandling, they are becoming very aggressive andl can see it. When I come off to my house, I get off at 12th Avenue and -- the bridge going 836 West, you get off on 12th Avenue, and they come at you. They look at my face. I guess my face kind of say .Itay away from my car," but sometimes you have a woman next to me. They become very aggressive and especially when they see it's a woman. So this is something that we are compassion with the homeless. We do work with them. We do have a lot of programs. And I think the organizations, all of you have to get together and come up with a solution. What do we do with the mentally ill? What do we do with the alcoholic and what do we do with the drug addict? The City's going to take all the responsibility for the County. I think somehow we all have to work as a group, but we got -- at this time, we have to take measures right now. Andl love to see that extended to some other areas where we have a lot of problems 'cause what happens right now; you're going to put all the pressures in downtown. You know what's going to happen? They're going to be coming to District 3. They're going to be coming to District 1. And they're going to be coming to District 5. So all we're doing it's going to move into another area. So definitely, I want to work with everyone and try to come up with some solutions, but not leave it all in the City ofMiami. I think the whole Miami -Dade County has got to share this responsibility. Thank you. Chair Sarnofff. Thank you. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 60 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnofff. You're recognized, the Vice Chair. Vice Chair Carollo: Thank you. I think a lot of my comments are going to echo the same comments that I made when this came up in first reading. I'm a little torn with this because although I think it's good for that downtown area, at the same time I have already seen the first cases that these aggressive panhandlers are coming into my district. I'm having calls from businesses pretty much begging me to help them. Andl think you all have -- starting to know me very well, and I'm just not saying businesses and so forth just to give a number out there, give a perception. I mean, I could give you names. I mean, you know El Exquisito, Commissioner Gort. You know Juanita from El Exquisito. Commissioner Gort: Yeah. Vice Chair Carollo: He's already calling. I mean, they've shown me pictures, so it's already that domino effect. And realistically, these aggressive panhandlers are coming into my district. So I'm torn because even though I think this is good, it's not necessarily good for my district. And although I will end up supporting this, I want to let my colleagues know already that if one of you don't, I am going to be bringing an ordinance to extend it through District 3 or if not the City ofMiami because what's happening is that again -- I mean, in all fairness, as I sat here just like I did in first reading, I see students coming up here, and in essence, what you're saying is protect us. I mean, that's in essence what you're saying, protect us. You know, I think we have a right here as a Commission, especially to our youths, and not to leave anybody out -- I don't necessarily think this is something with homelessness. I don't think this is something that has to do with so much as the aggressiveness being, you know, by touching or so forth, but just the intimidation. I mean, just the intimidation alone, you know, is enough to say that it's unacceptable. So once again, I will support this ordinance. However, I ask my colleagues to be open to either one of us or I coming back with an additional ordinance to extend this into, at the very least, District 3 or, if you would like, citywide. Commissioner Dunn: City. Commissioner Gort: If you recall, I requested to extend it during the first reading. Vice Chair Carollo: Well, I -- and I ask you to, you know, bring it back then, Commissioner Gort; you have my full support because I'm already seeing the first cases of this aggressive panhandling. You know, I'm telling you, businesses are outright, you know, asking me, you know, help, not to mention that -- what, in essence, I've heard here from businesses, students is, you know, protect us, help us. And, you know, again, I will be supporting this. Chair Sarnofff. You know, I always intended that my public service would have a beginning and an end to it, andl always knew it would have a defined amount of time, andl always thought in that defined amount of time, I wanted to have an impact to make a change, to have a profound effect. Downtown Miami, no matter how anybody wishes to slice it, is the heartbeat ofMiami. Commissioner Gort: Yeah, it is. Chair Sarnofff. It pumps 30 percent of the blood ofMiami. It pumps 30 percent of the revenue to the City ofMiami. I'm really taken by Jose Goyanes because here's a man who has waited years upon years upon years upon his investment in downtown Miami. He has opened up a restaurant, Tre. He has taken the rigor of opening up an outdoor cafe and he stands there shooing away people from panhandling, and he doesn't do it once or twice a day. He does it every 15 minutes on the 15 minutes persistently and constantly. And we asked people, just like Jose Goyanes, to open up in downtown Miami, and you think to yourself, they have to be crazy. But if we don't have Jose Goyaneses in downtown Miami, we will never correct the scar that we've created down there. Whether you all know this or not -- I know that we have Ron Book here -- 51 percent of City ofMiami Page 61 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 the problems in Miami -Dade County, so 51 percent of the size of Rhode Island gets put right downtown Miami, every problem, whether it's psychiatric, criminal, or homeless gets put there. Homelessness is a status. Panhandling is an action. I will never, I hope, be called insane. Insanity, by definition, is doing the same action time and time again, but expecting a different result. It is insane to think if you just leave it the way it is it will get better. I will never be an insane elected official. This is something that is needed. This is something that has got to start. This is the very beginning of taking back the streets ofMiami. You cannot allow a group of people to dictate what Miami will look like. It is the business community that will dictate the rigors of what we should be so that you have the opportunity to go school and learn without being panhandled. So you have the opportunity to sit outside Miami in any one of these particular restaurants and not be panhandled; so that a woman in high -heeled shoes doesn't have to feel that she has to outrun somebody pursuing her who claims 1"m enforcing my constitutional right of free speech to make you run away from me. "That is insanity by definition. Applause. Chair Sarnoff I do support this andl will support any further extensions to the extent that any constitutional lawyer tells me we can go as far as we can go. If you don't take back your own streets, don't get up in the morning; there's no point to it. If you don't start saying to yourself 1' have a right too. I pay taxes. "You're asking me a lot of taxes, City ofMiami, andl accept the burden of those taxes, but give me the freedom to earn that money. Give me the ability to go to school. Give me the ability to go to school. Give me the ability to open a restaurant, and allow me to compete on the same basis as a person who actually has a restaurant and even a mall because that's Jose Goyanes' competition. So I wholeheartedly endorse and support this. Andl hope even for those of you that don't, just start thinking. If you want to build Miami, it starts at the very core ofMiami. It begins downtown. This is your time, Miami. This is your opportunity. That's right. In this down recession, this is when people make their moves. This is when property gets acquired. This is when vision starts to work, not when you're at the peak. When you're at the peak, those plans are already old. Take your moment, Miami, and take back your streets. Applause. Chair Sarnoff All right, we have a motion and we have a second. Any further discussion? Madam City Attorney, it is an ordinance. The Ordinance was read by title into the public record by Assistant City Attorney Veronica Xiques. Ms. Thompson: 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, 4-0. Chair Sarnoff All right. Madam City Attorney -- yes, sir. Mr. Solowsky: Mr. Chairman, I'd like a moment just to make a brief comment, ifI may? Chair Sarnoff Go ahead. Mr. Solowsky: Mr. Chairman, members of the Commission, as you deal with this as elected officials some very difficult problems and worry about our futures, I ask just that you look in this room and you look at these young adults who have come here from Miami Dade, this wonderful institution, who have chosen not to just observe government, but to participate in it because this City ofMiami Page 62 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 is our future, and if this is our future, it is indeed bright. Chair Sarnofff. Very well put. Commissioner Gort: Sure is. Applause. Commissioner Dunn: Mr. Chairman, if we could allow -- I know we've moved on. I would like to hear from Mr. Book, if we -- if it's okay with you? Chair Sarnofff. Sure. Mr. Book, you're recognized. Commissioner Gort: He's got all the answers. Ron Book: IfI could. Mr. Chairman, members of the Commission, Mr. Manager, Madam City Attorney. Let me just be very brief. I apologize for my tardiness; fought the traffic coming south. On behalf of the Homeless Trust, let me be clear. We don't believe in panhandling. That's why we've engaged in an anti panhandling campaign. That's why we have partnered with the City of Miami to work, to install our very bright -colored, Romero Britto-designed panhandling collection devices so that we can send a message to the community that there's a better way to put their spare change to good use. We've chosen not to get out in front of the anti panhandling ordinance because there is mixed debate on our board, but let me be clear. There has never been a moment in the 18 years that have served as the chairman of that body that have not been very outspoken to my friends that sit here in the room, some of whom testified against the ordinance earlier, be clear. Panhandling and the program of panhandling does nothing but send the wrong message to our community. When we started 18 and a half years ago, there were 8,000 street homeless people. Commissioner Gort, you were sitting here for a long time when we had thousands of people downtown and we ran the Grand Prix ofMiami, many ofyou remember, as a street race. And the picture of downtown was thousands of people in tents. We've stopped that. And we've stopped that in large part because of our partnership, Mr. Chairman and members of this Commission, with this City and with your Mayor, who serves on our board. Panhandling, putting change in buckets, cups, and hats says that conduct is okay. Feeding people on the streets says that's conduct that's okay. We're in the business of ending homelessness, and so our efforts to get your businesses and to get the community as a whole to change their view of whether it's a good thing or a bad thing to put spare change in buckets, cups, and hats is our challenge. And on December 9, when our community has the second annual Homeless Awareness Day, and we ask our business community to take to the streets with our cardboard brigade, sending the message to the public we want you to teach your children to collect their spare change and put it in these collection devices so that every nickel, every dime, every penny goes to buy more beds, more services, and more food to end homelessness. We know that all panhandlers are not homeless and all homeless don't panhandle, and so your ordinance moves in a direction to send that message. It does that. We just don't support criminalizing the activity, but any effort that helps us drive the public to putting their spare change to a positive use, that's what we need. We run a $41 million a year enterprise. In part, Mr. Manager, because of the effort that you and your staff has made to make certain that our outreach teams that are part of your City work to bring people off of the street. But Mr. Chairman, members of this board, let me be clear. Until we remind the businesses that we need their support -- and we need their support because it's about messaging -- and they distribute the cards that we asked the public to drop into a panhandler's bucket that says here's a homeless help line; call it. That's how you'll get help. That's when we'll change it and that's when we'll make the difference. So thank you for the privilege, Commissioner Dunn, Mr. Chairman, Commissioners for giving me the opportunity to address you after the fact, but please know that we appreciate the partnership with the City and we will continue to work to end homelessness. And on Homeless Awareness Day on December 9, we invite all of you to participate with us. And we will be installing dozens City ofMiami Page 63 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 SR.7 10-01211 more collection devices on December 9 telling this community where they can put their spare change to good use. It is not putting it into buckets, cups, and hats which does nothing but support those who are truly homeless to stay on the street and those that aren't, to make their mortgage payment that they don't need to do. Thank you. Chair Sarnoff Thank you. ORDINANCE Second Reading District 1- AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH Commissioner ATTACHMENT(S), AMENDING CHAPTER 31/ARTICLE II /SECTION 31-50 OF Wifredo (Willy) Gort THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "LOCAL BUSINESS TAX AND MISCELLANEOUS BUSINESS REGULATIONS/LOCAL BUSINESS TAX (BTR) SCHEDULE OF ESTABLISHED BTRS," BY UPDATING THE CATEGORY SECTION FOR SOME FEES, AND ADJUSTING CERTAIN FEES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01211 FR/SR Legislation.pdf 10-01211 FR/SR Exhibit.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez 13230 Chair Sarnoff All right, SR. 6 has a time certain of 3:30, so SR.7. Julie O. Bru (City Attorney): I believe this is sponsored by Commissioner Gort. This is an ordinance that adjusts certain business tax receipts in order to make them consistent for the -- I think it's for the flea markets. We -- correct? This is the BTR (Business Tax Receipts). It's -- Commissioner Gort: Move it. Ms. Bru: -- adjusting the business tax receipts for flea markets. Chair Sarnoff All right. We have a motion by Commissioner Gort. Do we have a --? Commissioner Dunn: Second. Chair Sarnoff Second by Commissioner Dunn. SR.7. Anyone from the general public wishing to be heard on SR.7? Hearing none, seeing none, coming back to the Commission. Any discussion? Madam City Attorney, it's an ordinance. The Ordinance was read by title into the public record by the City Attorney. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. City ofMiami Page 64 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 SR.8 10-01255 ORDINANCE Second Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 57/ARTICLE III OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "VEHICLES FOR HIRE/PEDICABS FOR HIRE," MORE PARTICULARLY BY CREATING A NEW SECTION 57-46, TO ESTABLISH A PROCESS FOR AMENDING REGULATIONS FOR PEDICABS ON THE PUBLIC STREETS AND SIDEWALKS IN THE CITY OF MIAMI DURING SPECIAL EVENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01255-Legislation. pdf 10-01255 SR Legislation. pdf SPONSOR: CHAIRMAN SARNOFF Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Dunn II 13231 Chair Sarnoff SR.8. SR.8, gentlemen, is the second reading of the pedicabs. If you remember, what we did was we created a citywide ability to have pedicabs. And what we do then is by resolution indicate that that is a special event. So the special event is the resolution that indicates you can use the pedicabs. This is sort of the enabling legislation that -- for this particular purpose gives us the particular areas that the City would be interested in doing it, so Commissioner Gort: Move it. Chair Sarnoff We got a motion by Commissioner Gort, second by Commissioner Dunn Commissioner Dunn: Second. Chair Sarnoff This is a public hearing. Anybody wishing to be heard on SR.8, pedicabs, please step up. Hearing none, seeing none, coming back to the Commission. 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): Roll call. I'm sorry; before I start my roll call, Vice Chair has just come back on the dais. Would you like to be included in SR.8? Vice Chair Carollo: Pedicabs? Ms. Thompson: Yes. Vice Chair Carollo: Yes. Ms. Thompson: Thank you. Moving along with our 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. City ofMiami Page 65 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 FR.1 10-01199 Department of Capital Improvements Program END OF ORDINANCES - SECOND READINGS ORDINANCES - FIRST READING ORDINANCE First Reading AN ORDINANCE OF THE MIAMI COMMISSION AMENDING CHAPTER 35/ARTICLE X OF THE CODE OF THE CITY OF MIAMI, FLORIDA, ENTITLED "MOTOR VEHICLES AND TRAFFIC/DANGEROUS INTERSECTION SAFETY", TO PROVIDE FOR THE USE AND INSTALLATION OF TRAFFIC INFRACTION DETECTORS CONSISTENT WITH GENERAL LAW AS PROVIDED BY CHAPTER 2010-80, LAWS OF FLORIDA ("THE MARK WANDALL TRAFFIC SAFETY ACT); CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01199 FR/SRSummary Form.pdf 10-01199 FR/SR Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be PASSED ON FIRST READING PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez Chair Sarnoff All right, FR.1. Ms. Bravo, you're recognized for the record. Alice Bravo (Director, Capital Improvements Program): Thank you. FR.1 is an amendment of Article 10 of the City Code entitled Dangerous Intersection Safety'of Chapter 35. And basically, this -- the existing part of the Code was adopted prior to the state legislation in the Mark Wandall Traffic Safety Act which spells out how a red-light camera infraction program would be operated. So this item will amend the City Code to make reference to the state statute and incorporate it herein. Chair Sarnoff. Just for the record, this is a necessity. We have to do this to adopt the state statute? Ms. Bravo: Well, since our Code was written beforehand, there's duplication and variations and definitions and it's the state statute that governs a program. Our contract with the vendor makes reference to the state statute, so it should be modified to at least be consistent with the state statute. Chair Sarnoff And this is taking out the inconsistencies with the state statute? Ms. Bravo: It -- pretty much, the entire thing is, in one way or another, redundant, so we're just referring to the statute, period. Chair Sarnoff And the -- I'm just trying to understand something. So the previous ordinance we passed, what happens to that? Ms. Bravo: It gets modified to make reference to the state statute. Chair Sarnoff Okay. That's what I was curious of. All right. Do we have a -- did we have a motion and a second? No. Is there a motion on FR.1? Commissioner Dunn: So move. City ofMiami Page 66 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. This is a public hearing. Anyone from the public wishing to be heard on FR.1 -- Mariano Cruz: Sure. Chair Sarnoff -- please step up. Mr. Cruz, you're recognized for the record. Mr. Cruz: Mariano Cruz, 1227 Northwest 26th Street. And you know, maybe -- I really don't -- I was opposed -- this -- according to this, agree with the statute -- with 316 of the Florida state right, that everything is legal, okay. It's legal. But you know, the other day I was reading the paper and read the comments on Mr. Armando Aguilar, the president of the FOP (Fraternal Order ofPolice), say we need 200 of these cameras to raise money for us. And you know, I call -- I went on TV (Television) and said -- tell them Mr. Aguilar lives in West Miami and he's telling that. I know West Miami, they have those -- why doesn't he move to Miami -- to the City of Miami and pay taxes in the City ofMiami and then it will be okay. But he want us -- you to raise taxes and get money for his union. No, that's not the way it is. You will be -- it would -- there's going to be a lot of problems because not everybody got $158 to pay for those tickets. I don't know many -- I don't know people in my neighborhood who got the 158 discretionary income to pay for this. I got the money to pay for it andl won't get a ticket because I happen to know, you know, the system, how to get about -- andl won't get it because I drive carefully. I have no record in my thing. And have a lawyer in retainer too. I pay a lawyer a retainer yearly to take care of that. But Joe Blow out there won't have that, so you opening -- you making a hornet nest by this because according here I read there it was safety and all that, blah, blah, blah. The main thing here, the red-light camera is green, green, the money. That's what they see, greed, greed. The City want it because there is a big hole in the City and they want to plug that hole with money. Not only that, they say the police get to give more tickets and more fines to get that. No. And like I say -- and Mr. Gort knows they remove the sign from the FOP that was there for months and months after you vote to cut -- the vote that you support because you represent us, not the -- Chair Sarnoff Thank you. Mr. Cruz: -- FOP. Thank you. Chair Sarnoff Isn't your daughter a police officer? Mr. Cruz: Yes. But she doesn't live in Miami. She lives in Miami Lakes. With the money that the City pays, she's able to live in Miami Lakes. Anyway, I bought the house for her -- Chair Sarnoff Okay. Mr. Cruz: -- which is fine. Commissioner Gort: Oh. Why didn't you buy in District 1? Mr. Cruz: I bought -- she has a duplex next to me, but she doesn't want to live in Allapattah, but that's the way it is, but don't worry. That's a family matter. I told her your problem -- Armando Aguilar got to defend you. You pay union dues -- taxation with representation. That's what it is. Chair Sarnoff Thank you. All right. Did we get a motion and a sec --? We did, didn't we? City ofMiami Page 67 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 FR.2 10-01241 District 5 - Commissioner Richard Dunn II FR.3 10-01296 Commissioner Gort: Yeah. Chair Sarnoff Anyone else from the general public wishing to be heard on FR.1, please step up. All right, hearing none, seeing none, the public hearing is now closed. Any discussion, gentlemen? All right, Madam City -- Mr. City Attorney. I apologize. George Wysong (Assistant City Attorney/Legal Advisor): Thank you. Chair Sarnoff It is an ordinance. Mr. Wysong: Yes. The Ordinance was read by title into the public record by Assistant City Attorney George Wysong. Priscilla A. Thompson (City Clerk): Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been adopted on second reading, 3-0. Unidentified Speaker: First reading. Chair Sarnoff FR (First Reading) -- Commissioner Gort: First reading. Ms. Thompson: I'm sorry, first reading. It's been passed on first reading, 3-0. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 22/ARTICLE 2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "GARBAGE AND OTHER SOLID WASTE/REGULATION OF PERSONS ENGAGED IN COMMERCIAL WASTE COLLECTION," MORE PARTICULARLY AMENDING SECTION 22-47 ENTITLED "APPLICATION FOR FRANCHISE", TO PROVIDE FOR THE AMOUNT OF THE REQUIRED PERFORMANCE BOND; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. 10-01241 Summary Memo.pdf 10-01241 Legislation.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Suarez and Dunn II Office of Strategic Planning, Budgeting, and Performance ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION ESTABLISHING THE DEPARTMENTS OF THE CITY OF MIAMI AS SET FORTH AND FUNDED PURSUANT TO RESOLUTION NO. 10-0434, ADOPTED SEPTEMBER 27, 2010, AND PURSUANT TO SECTION 19 OF THE CHARTER OF THE CITY City ofMiami Page 68 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 OF MIAMI, FLORIDA, ENTITLED "CREATION OF NEW DEPARTMENTS; DISCONTINUANCE OF DEPARTMENTS;" CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01296 Summary Form.pdf 10-01296 Legislation.pdf 10-01296 Summary Form 12-16-10.pdf 10-01296 Pre -Legislation 12-16-10.pdf 10-01296 Table of Organization 12-16-10.pdf 10-01296 Legislation (Version 2) 12-16-10.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnofff. All right. Anything you want to take out of order, Mr. Manager, other than that? Carlos A. Migoya (City Manager): No. That would -- if we can address FR.3, that would -- thank you very much for doing that. Chair Sarnofff. Okay. All right, so now we are on -- FR.4 is deferred. Am I right? Mirtha Dziedzic (Director, Strategic Planning, Budgeting & Performance): FR.3. Chair Sarnofff. FR.3. I apologize. Ms. Dziedzic: Yeah. Chair Sarnofff. FR.3. Ms. Dziedzic: Basically what we have just adopted as far as the amendment amends this ordinance, which is adopting the departments and the dissolving of departments as adopted in the budget, in the fiscal year '11 budget process. Since we've just passed this amendment adding the Audiovisual Department, that would be a floor change that we'd like to add at this point to the backup of the ordinance. It doesn't change any language in the ordinance. Chair Sarnofff. Mr. Manager, just so the ladies -- for the public's consumption, even though we are adding a department, I understand that this will have a savings of approximately $200, 000 annually? Mr. Migoya: Yes, sir, it would. What we are doing here is we're centralizing all the communications area under one department and one director. What we've done is we added a director and actually reduced three other positions around the City, which substantially, the combination of all four movements saves the approximate amount of $200, 000. Chair Sarnofff. All right. Vice Chair Carollo: Mr. Chairman. Chair Sarnofff. You're recognized for the record, the Vice Chair. Vice Chair Carollo: Thank you. I'm reading right out of our agenda plasma and for FR.3, it clearly stipulates approval of table of organization; yet, in my backup materials, I didn't see any City ofMiami Page 69 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 table of organization. I mean, from previous -- this is a table of organization, this is a table of organization, but I don't see one there -- Ms. Dziedzic: And that's -- Vice Chair Carollo: -- so I'm not really sure what we're approving. And furthermore, I requested exactly from these departments all the new hires and everyone that was dismissed or left because of Rule 64 and so forth. I still have not received that. Ms. Dziedzic: The Rule of 64 -- Mr. Migoya: Go ahead. Ms. Dziedzic: Yeah. Basically, since the budget is now approved or adopted as a resolution, departments that are created or dissolved have to be adopted by ordinance. We used to adopt the -- we used to do the budget process as an ordinance, but we've changed that process to make it by resolution. Departments still need to be added or dissolved by ordinance, so we have to go through this step every year. It's not, in essence, approving of a table of an organization as much as adding or deleting departments as the City sees. Vice Chair Carollo: But if we add or delete departments, it will be -- it'll go on our table of organizations [sic]. And by the way, I'm not out in left field. It clearly stipulates here in our agenda plasma, so someone else had to also think that we're approving the table of organization 'cause it clearly stipulates it here, so you know -- and table of organization is something that looks similar to this -- Ms. Dziedzic: Yes. Vice Chair Carollo: -- which we don't have. Mr. Migoya: Well, we still -- this time around, we're not approving table of organization. What we're doing is a creation of the new departments so that we can come back to you next month, we hope, with a table of organization. Ms. Dziedzic: I think that was just an old way of describing this ordinance, but in essence, it's not approving the table of organization, but rather approving and -- the addition and the dissolvements [sic] of departments. Vice Chair Carollo: And as far as the additions and the dissolvement [sic], I haven't seen anything physically to show me this is what was added, this person, this person, this person. This is what was deleted, this person, this person. This is the savings because we saved, you know, X'amount of salary here, X'amount of benefit there. I haven't received that and you know I asked for it. Ms. Dziedzic: What -- the item that would be the backup for this ordinance is the resolution and that's why we asked to have the RE.11 process first -- approved first so that we can make the modification of the Audiovisual Department because that is, in essence, the backup for this ordinance. It's the budget document. So I can supply you with a copy of RE.11, which gives you the list of departments. Chair Sarnoff Do you want to bring this back? Ms. Dziedzic: I can come back and give you the breakdown of the departments, of who's been added and deleted. City ofMiami Page 70 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 FR.4 10-01249 City Manager's Office Chair Sarnofff. If there's no emergency, why don't we bring this back in December and maybe you can also bring a table of organization simultaneous with that so he can see exactly where the Communications Department would fit under. Mr. Migoya: There's three people. Chair Sarnofff. Is that all right? Mr. Migoya: There's only three people. We're happy to. Vice Chair Carollo: You know what, it's important to the Vice Chair, it's important to all of us. Mr. Migoya: That's fine. Chair Sarnofff. All right. So I guess we have a motion for continuance by the Vice Chair -- Vice Chair Carollo: Motion for continuance. Chair Sarnofff. -- second by -- Commissioner Gort: Second. Chair Sarnofff. -- Commissioner Gort. We'll bring this back to the next Commission meeting. All in favor, please say aye." The Commission (Collectively): Aye. Chair Sarnofff. Okay. ORDINANCE First Reading AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING CHAPTER 62/ARTICLE XIII/DIVISION 5, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING AND PLANNING/ZONING APPROVAL FOR TEMPORARY USES AND OCCUPANCIES; PERMIT REQUIRED/MURALS", MORE PARTICULARLY, BY AMENDING SECTIONS 62-602 THROUGH 62-618, WITH RESPECT TO THE MURAL REGULATIONS, BY EXPANDING THE CITY OF MIAMI MURAL GEOGRAPHICAL AREA, AS ATTACHED IN "EXHIBIT A"; ADDING NEW TITLES, DEFINITIONS, PROCEDURES, CRITERIAAND EXEMPTIONS; REFRESHING TIMELINES; ADDING A NEW PERMIT PROCESS FOR PLACEMENT OF ADDITIONAL MURALS; AND ALLOWING THE ADDITION OF TEN (10) MORE MURALS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. 10-01249 Summary Form.pdf 10-01249 Pre Legislation FR/SR.pdf 10-01249 FR/SRMemo and Legislation -Miami Dade County.pdf 10-01249 Legislation.pdf 10-01249 Exhibit 1 FR/SR.pdf 10-01249 Summary Form SR.pdf 10-01249 Legislation Version 2 SR.pdf City ofMiami Page 71 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be PASSED ON FIRST READING WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez Chair Sarnoff All right, FR.4 is deferred. RE.1. Vice Chair Carollo: FR.4 is -- Chair Sarnoff Isn't FR (First Reading) --? Vice Chair Carollo: No, I believe not. FR.4, I believe there's some modification, but don't think it was going to be deferred. Chair Sarnoff I -- you're right. Carlos A. Migoya (City Manager): There is a modification on FR.4. Chair Sarnoff Sony. I apologize. It's right here. You're recognized for the record. Orlando Toledo: Orlando Toledo, director of Building & Zoning. FR.4, a substitution has been handed out to FR.4, which amends Chapter 62/Article XIII/Division 5, titled Zoning and Planning Approval for Temporary Uses and Occupancy [sic]; Permit Requires [sic]/Murals." Due to the questions that we've had or arise through the process of briefing the Commissioners, what we've done is we've only brought to you the issue of -- the amendment would only have government buildings and the small sliver of property that the County approved on the south side of 836 and that is Exhibit A in your package. Chair Sarnoff I just want to check the exhibit. I have not seen it. Vice Chair Carollo: And l just want to verify thisis just to expand the boundary? Mr. Toledo: We're expanding the boundary, and we're also including an exception to public buildings -- Vice Chair Carollo: And expand -- Mr. Toledo: -- or government buildings. Vice Chair Carollo: And I'm sorry. Expanding the boundary, this is what we requested from the County Commission, correct? Mr. Toledo: This -- when we went to the County and we asked for that expansion, in the process they also expanded that small sliver on 836, yes. Vice Chair Carollo: Gotcha. And in essence, that's what we're doing now -- Mr. Toledo: Yeah. Vice Chair Carollo: -- just that sliver? Mr. Toledo: That and the fact that we're -- the exemptions in government buildings. Carlos A. Migoya (City Manager): And the idea here is that we would do a workshop and be able to address all the other amendments that we would like to do to 62 and be able to bring that City ofMiami Page 72 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 to you at a future time. Vice Chair Carollo: Gotcha. Chair Sarnoff. Yeah. I -- I'm sorry. Go ahead, Commissioner Gort. Commissioner Gort: My understanding, I read the document. They have a lot of amendments, but they're not shown in here. Mr. Toledo: Right. Commissioner Gort: And my understanding is somehow the industry -- people in the industry want to get together and discuss some of this. Mr. Toledo: We're going to have a workshop with the industry, and then out of -- what comes out of that, then we'll be coming back to you again. Commissioner Gort: Well, I'd like to see that workshop done as soon as possible. I mean -- Mr. Toledo: Okay. Commissioner Gort: -- everything here -- like I have projects that I've talked about since I first got elected in January and my understanding now, those projects, instead of being built right away, that it's going to take two years and the planning, the development, the whole works. I mean, we got the monies in there. We got to put people to work. You know, I like to expedite things a little bit. I mean, we taking too long in getting some of the things accomplished. Mr. Migoya: We can expedite that as quickly as we can. If you want, we can get the workshop done. And if we -- it's up to staff. Can we get -- how quickly can we get it done? Could we --? Mr. Toledo: I mean, there's no reason why in the next couple of weeks we cannot plan something out. Yes. Commissioner Gort: Then we can pass it today on first reading and amend it on second reading. Chair Sarnoff. We're on murals. I want to be clear on that. Andl -- after the letter we got from FDOT (Florida Department of Transportation), we should not be going back to the tilde but once. I think it's -- I'm not even sure the prudence of what we're doing here today, but we can expand the boundaries -- but remember, FDOT's going to look at everything we do each time we do it, and the reason for the workshop is to try to come up with a five-year plan. Mr. Toledo: Right. Chair Sarnoff. What is the -- what is going to be needed for the next five years with this ordinance and that might include everything under the sun, inclusive -- and maybe exclusive, if it's determined it doesn't work -- of some sort of LED (Light Emitting Diodes) structure. So I think it's time that we all have a sit-down meeting, you know, the Administration, find out what they think their five-year needs are, come up with everything we need to rehash on this thing and go to FDOT -- you're going to be going twice now 'cause you're going to go to FDOT with this amendment and then you're going to go with one other amendment, so you're going to give FDOT two chances to say no. Mr. Migoya: Unless -- if we can get this workshop done now, get it done before second reading, we'll be doing it only once. City ofMiami Page 73 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff. You know, I hear you andl think that's pretty good. I also realize it's Christmas and the holiday season and, you know -- some of these guys are not exactly in town. I just want to bring it to your attention. I think FDOT letter's -- I have it right here. It's very clear. And they're giving you fair warning. Mr. Migoya: Well, we'll give it a shot. If we can get it done, fine. If not, we'll be back to you in December and we'll figure out how we deal with it. But they feel comfortable that they can -- we can get this done prior -- before second reading. Chair Sarnoff. All right. So we have a mo -- do we have a motion? Commissioner Dunn: Mr. -- Vice Chair Carollo: So move. Commissioner Gort: Motion. Yes. Commissioner Dunn: Second. Chair Sarnoff. Motion by the -- Commissioner Dunn: With -- Chair Sarnoff. -- Vice Chair, second by Commissioner Dunn. Let me open up a public hearing. Anybody wishing to be heard on FR.4, please step up. There's an old saying, Mr. Lesarte (phonetic), Judge King said it best, out of the mouths -- never snatch defeat from the jaw of victory. Mariano Cruz: FR.4? Commissioner Gort: FR.4. Chair Sarnoff. Of course, after Mr. Cruz speaks, you may need to speak. Mariano Cruz: Anyway, this is a public hearing. It's not a lawyer's hearing or a special interest hearing or anything. Public. You know what public is? The taxpayer. Even if I'm not a taxpayer, City taxpayer, whatever. No. But you know, on this ordinance that you talk about the five-year plan and all that so we coming back -- five-year plan and will be studies and more studies and more consultants or anything. The thing that worry me is about is the different L'onsultants,'J'ou know. Chair Sarnoff. Mr. Cruz, let me stop you right there because I don't want you to fill the record with anything errant. It would be the City Administration sitting down with an industry that does business here. Mr. Cruz: Right. Chair Sarnoff. If you have any perception of how successful your mural ordinance is, the closest one to you makes $2, 660, 000 less a year than yours does. Mr. Cruz: No. I worry about the murals. What is the update in the mural that supposed to be built by the Arsht Center there? Nothing yet? Chair Sarnoff. But that's not a mural. That's a media tower. City ofMiami Page 74 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Cruz: Okay. Yeah. It will become -- because I like murals because I go all -- you know, all the different counties there, Highlands County. In Lake Placid, they got all these beautiful murals with the Winn -Dixie, with, you know, the cows and everything, very interesting murals, very interesting there. So I like to see some of these murals that pay also to the City, okay, because we need the money. Chair Sarnoff. And you have the most successful mural program in this country times almost 100. Mr. Cruz: Okay. You know, I like to see. Because that in lieu of taxes -- because there's a lot of people here that don't pay taxes. A lot of 501(3) (c) [sic], like Miami Dade College. They took one -- two blocks away for parking. They don't pay City taxes, but then let them pay in lieu of taxes because they -- all these companies, they should pay in lieu of taxes. No. Thank you. Chair Sarnoff. Thank you. I'd recommend sitting. All right, anyone else from the general public wishing to be heard? Hearing none, seeing none, coming back to this Commission. Madam City -- any discussion? Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. Commissioner Dunn: I just want to reiterate what Commissioner Gort requested and -- from the Manager. Mr. Manager. Commissioner Gort: Quit playing. Mr. Migoya: No, We're not playing actually. Chair Sarnoff. The case of wine. Commissioner Dunn: Just trying to get a grasp of making sure the -- so that the intent would be try to bring this back as quickly as possible. Mr. Migoya: The intent would be to bring it back December 16. Commissioner Dunn: Okay. Chair Sarnoff. This ordinance? Commissioner Dunn: Yes. Mr. Migoya: Yes, sir. Chair Sarnoff. All I'm saying then is we should workshop it and come up with whatever ordinance changes -- Commissioner Dunn: Okay. Chair Sarnoff. -- we foresee for the foreseeable future. Mr. Migoya: The idea will be to try to have the workshop per your instructions and Commissioner Gort's specifically before December 16, and if we can bring it all together -- Commissioner Dunn: Okay. City ofMiami Page 75 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Migoya: -- we will do it all at one time so we have one -- at one time we have everything done. Commissioner Dunn: Instead of having separate -- Mr. Migoya: Right. Yes. Commissioner Dunn: -- workshops. Okay. Chair Sarnoff All right. Any further discussion? 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. Ms. Thompson: We're taking your roll call on a first reading modified ordinance. There was a substitution made of your legislation. Commissioner Dunn: Yes. Ms. Thompson: Roll call. A roll call was taken, the result of which is stated above. Ms. Thompson: The ordinance has been passed on first reading, 4-0. Chair Sarnoff And you still get to bill the same amount of money. All right, little lawyer joke. END OF FIRST READING ORDINANCES RESOLUTIONS RE.1 RESOLUTION 10-00768 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE CANVASS AND DECLARATION OF THE RESULTS OF THE CITY OF MIAMI MUNICIPAL ELECTION HELD ON NOVEMBER 2, 2010, FOR THE ELECTION OF COMMISSIONER DISTRICT 1 AND COMMISSIONER DISTRICT 5 AND THE REFERENDUM SPECIAL ELECTION HELD ON NOVEMBER 2, 2010. City ofMiami Page 76 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-00768 Nov 2010 Election Results Memo.pdf 10-00768 Legislation. pdf 10-00768 Logic and Accuracy Certification.pdf 10-00768 Unofficial Election Results D1.pdf 10-00768 Unofficial Election Results D5.pdf 10-00768 Unofficial Results of Referendum Question.pdf City Clerk -Official Results of the November 2, 2010 Municipal Election and Referendum Special El 10-00768-Memo-Substitution for Item RE.1 Change in Attachments -Official Election Results.pdf 10-00768-Memo-Certified Official Results of the November 2, 2010 Municipal Election and Special 10-00768-Certifcate of Logic and Accuaracy.pdf 10-00768-Miami Certification and Delcaration ofResults-November 2, 2010 Elections.pdf 10-00768-Official Results of Referendum Question 1.pdf 10-00768-Official Election Results D1.pdf 10-00768-Official Results -Commission D5.pdf 10-00768-Official Results -Certificate MDC Canvassin gBoard.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-1 0-0520 Chair Sarnoff RE.1. Are we at RE.1? Priscilla A. Thompson (City Clerk): On RE.1, I needed to call to your attention that you do have a modification to your packet for RE.1. When we went to print, we only had the unofficial results of the November 2 election. As required, we sent you the official results electronically and we followed it up with a CD (Compact Disc) with that information. So now we go to the housekeeping of -- issue of the Commission certiing the results. Vice Chair Carollo: So move. Commissioner Dunn: Second. Commissioner Gort: Second. Chair Sarnoff All right, we have a motion by the Vice Chair, second by Commissioner Dunn. Does this require a public hearing? Ms. Thompson: No, it doesn't. Commissioner Gort: No. Chair Sarnoff All right. Any discussion, gentlemen? Commissioner Dunn: Yes, Mr. Chair. Chair Sarnoff You're recognized for the record, Commissioner Dunn. Commissioner Dunn: This will give me an opportunity -- first of all, ifI may, ask a question from Madam Clerk. Had there been a runoff in both districts, how much would it have cost the City? Ms. Thompson: We were looking at, if I'm not mistaken, almost 1.5. It would be very large. City ofMiami Page 77 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 District -- the two -- 30 -- I'm sorry -- 30 precincts in one, 25 in the other. This is collective now, with our advertising -- Commissioner Dunn: Right, right, right. Ms. Thompson: -- and everything. Commissioner Dunn: Yes. Vice Chair Carollo: One point five? I thought it was less than that when we -- Ms. Thompson: I am sorry. I'm just getting confirmation from our elections coordinator. I -- okay. I apologize. Andl don't have my paperwork with me. IfI go back to the January election, I know it was 1.5. Commissioner Dunn: Wow. Ms. Thompson: So if we go back and ifI ran into my office andl looked on my board, it would probably be somewhere, if I'm not mistaken, 369, 255. Does that sound right? Three six nine, two five five. I apologize. Commissioner Dunn: So -- now -- I want to make a comment. I want to thank the Mayor and my colleagues -- and I know -- I'll let -- I know Commissioner Gort's of age; he can speak for himself -- for your support as well as the citizens ofMiami, but in addition to that, it saved the City, we just were told, 1.5 million -- no. Vice Chair Carollo: Three hundred and sixty -- Ms. Thompson: Three six nine -- Commissioner Gort: Three six nine -- Commissioner Dunn: Three hundred and six -- Ms. Thompson: -- two five five. Commissioner Dunn: Three hundred and sixty-nine thousand, two five five, which -- Vice Chair Carollo: Right. Commissioner Dunn: -- is a substantial amount when we're looking at our budget constraints. So I want to thank you all for your confidence, your vote of confidence, support, and we will continue to work together to save this City money and make the kind of decisions that will be to the best interest of our residents. So I want to thank you for your support, but also the bonus is that we've saved the City. What's that number again? Vice Chair Carollo: Three six nine, two five five. Commissioner Dunn: All right. I rely on my number's guy. What is it again, the Vice Chair? Vice Chair Carollo: Three six nine, two five five. Commissioner Dunn: Three six nine, two five five. And in a joking manner, maybe Commissioner Gort and could split that up and put it in our district offices. City ofMiami Page 78 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Mr. Chair. Chair Sarnoft You're recognized. Commissioner Dunn: Just a joke, just a joke, just a joke. God knows it's just -- Commissioner Gort: I also -- although I thank each one ofyou personally, I'd like to do it publicly. I think the support and the help that each one of you gave to both to Commissioner Dunn and myself, it shows. At the same time, I think it was very smart of you all because you were looking at saving money for the City ofMiami, so that was smart. But I think the most important thing in this election -- there is supposed to be some tough elections -- the residents of City ofMiami decided that they were happy with the Commission that they have at this time, and for that reason they voted for us unanimous and we didn't have to go to a runoff. So I want to thank all ofyou. And once again, I think people understand -- andl stated before, I believe this is the best Commission that the City ofMiami's ever had. Thank you. Chair Sarnoff Well, let me speak for myself and then I'll let the Vice Chair speak. Never has it been so easy to support two such deserving colleagues, and thank you both for running and walking so hard 'cause nobody wanted to do a whole 'nother fundraising effort for a runoff. And to boot that, look at all the money you saved the citizens ofMiami. So it was through your hard efforts and your hard work that -- you know, think about this. You guys took one heck of a courageous vote andl think, through that courage, everybody saw that it took a heart -- a real heart to do that and you had a real commitment to the citizens, so welcome aboard. Commissioner Dunn: Thank you. Commissioner Gort: Thank you. Two down and one to go. Vice Chair Carollo: What's that? Commissioner Gort: Two down and one to go. Chair Sarnoff One to go. Yeah, he's a three-fer. Vice Chair Carollo: I just simply want to congratulate them. I'm glad that both of them are back. It was easy to support both of you. And again, I think, you know, the people spoke and, you know, that's what it's all about. You know, that's why we live in a democracy and we allow our citizens to speak and see who they want their elected officials to be andl think they made the correct choice. Chair Sarnoff Okay. So we have a resolution. We have a motion, we have a second. All in favor, let's say a resounding iiye. " The Commission (Collectively): Aye. Chair Sarnoff There you go. Okay. Ms. Thompson: And this is modified. Vice Chair Carollo: As modified. Chair Sarnoff As modified. Commissioner Gort: As modified, yes. Ms. Thompson: Thank you. City ofMiami Page 79 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.2 10-00947 RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH Clerk ATTACHMENT(S), OFFICIALLY ACCEPTING THE ATTACHED CITY CLERKS CERTIFICATION OF THE MIMO BUSINESS IMPROVEMENT COMMITTEES PETITION PROCESS FOR CREATION OF THE MIMO BUSINESS IMPROVEMENT DISTRICT. 10-00947 MiMoBIC process Memo.pdf 10-00947 Legislation. pdf 10-00947 CertificationOfMiMoBIC SecondPetitionProcess.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0521 Chair Sarnofff. RE.2. Priscilla A. Thompson (City Clerk): On RE. 2 the City Clerk was charged with the responsibility of collecting the petitions for the MiMo (Miami Modern) BIC (Business Improvement Committee), the 2010 petition process. A memo was submitted to the Commission letting you all know that as of the deadline, the number of petitions filed or the affidavits filed represented 26.9 percent of the affected properties within the proposed special assessment district, and that did not, I repeat, did not represent a majority of the affected property owners as stipulated by your original resolution of Resolution 10-0170. Chair Sarnofff. All right. So we have to have a resolution accepting that, correct? Ms. Thompson: No, no. Vice Chair Carollo: So move. Ms. Thompson: No, no. Chair Sarnofff. We do not? Vice Chair Carollo: No, we don't need. Ms. Thompson: It didn't meet the percentage, so now -- Chair Sarnofff. This is just a notification. Ms. Thompson: This is just notification in this process, and then if you have any questions toward the City Attorney of what to do next, but this closes out the process. We did not have -- it did not meet the requirements. Chair Sarnofff. We need to take no action, right, Madam City Attorney? Okay. So let's move on then to RE. 3. Ms. Thompson: I'm sorry. You don't have to take action on the petition process, andl apologize, but we are giving you that result. But if you accept the reso, it's not going to be a MiMo district. It's just -- City ofMiami Page 80 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.3 10-01201 Department of Capital Improvements Program Vice Chair Carollo: Right. Ms. Thompson: -- the percentages that we've given to you, the results. Chair Sarnoff Right. We're supposed to accept them. Ms. Thompson: The results. Vice Chair Carollo: That's what I thought. Ms. Thompson: Right. Chair Sarnoff Okay. Vice Chair Carollo: Move on that. Chair Sarnoff All right. Commissioner Gort: Second. Chair Sarnoff Vice -- motion by Vice Chair, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING AN INCREASE TO THE PROFESSIONAL SERVICES AGREEMENT ("PSA") WITH COASTAL SYSTEMS INTERNATIONAL, INC., FOR THE PROVISION OF MISCELLANEOUS MARINE AND COASTAL ENGINEERING SERVICES, IN THE AMOUNT OF $250,000, THEREBY INCREASING THE CONTRACT AMOUNT FROM $500,000, TO A TOTAL CONTRACT AMOUNT NOT TO EXCEED $750,000; ALLOCATING FUNDS, IN THE AMOUNT OF $250,000, FROM THE APPROPRIATE CAPITAL IMPROVEMENT PROJECTS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PSA, IN SUBSTANTIALLY THE ATTACHED FORM, FOR SAID PURPOSE. 10-01201 Summary Form.pdf 10-01201 Pre Professional Services Agreement. pdf 10-01201 Legislation.pdf 10-01201 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0522 Chair Sarnoff All right, RE.3. City ofMiami Page 81 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Alice Bravo: Good afternoon. Alice Bravo, Capital Improvements director. RE.3 is a resolution to amend an existing professional services agreement contract with Coastal Systems International, Inc. We're proposing to increase the contract from its current capacity of 500,000 to the new capacity of 750, 000. Chair Sarnoff All right. Is there a motion, gentlemen? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: I'll second for discussion. Chair Sarnoff Second by Commissioner Gort for discussion. Do I have to open up a public hearing on this? Priscilla A. Thompson (City Clerk): Would defer to your City Attorney on that one. Chair Sarnoff Madam City Attorney, is a public --? Julie O. Bru (City Attorney): This is a resolution. It's an administrative matter. You don't have to. Chair Sarnoff Okay. All right, so discussion. Commissioner Gort, you're recognized for the record. Commissioner Gort: Ms. Bravo, we were discussing quite a bit today about bids and people not going to bids and so on. And you're asking us to add some additional funding to the existing vendors that we have. I would like for you to explain for the benefit -- I mean, we understand; we have the background, but the people in the audience and the people listening to this do not understand the process. Can you please, as simple as you can, explain the savings and why we do it -- Ms. Bravo: All right. Commissioner Gort: -- this way? Ms. Bravo: Well, we have a number of small assignments, and rather than going out and conducting a procurement for professional services for each one of those small assignments, sometimes it's 30,000 and sometimes it's -- it might be less. Instead, we do a professional services procurement for a miscellaneous contract, and so that contract has an umbrella authority and under that authority we can issue individual assignments with funding from the various projects that we have. So unless we have an assignment that we need to be done, the firm does not receive any work, even though the capacity may be increased. Commissioner Gort: Those are the people who have been selected and have been on board for a while and then you assign the contracts according to that. Ms. Bravo: And it was a competitive procurement. Commissioner Gort: And since you don't have to go out for an RFP (Request for Proposals) and bring any new individuals, you're going to be able to expedite all the projects that we have coming up that we've been working for years. Ms. Bravo: Yes. City ofMiami Page 82 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.4 10-01010 Community Redevelopment Agency (CRA) RE.5 10-01234 Department of Risk Management Commissioner Gort: They're going to be able to be expedite and enforced as soon as possible. Ms. Bravo: Yes. Commissioner Gort: Thank you. Ms. Bravo: Absolutely. Chair Sarnoff All right. Any discussion? Any further discussion, gentlemen? It's a resolution. All in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND ADOPTING THE BUDGETS OF THE SOUTHEAST OVERTOWN/PARK WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES, ATTACHED AND INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011, AS APPROVED BY THEIR RESPECTIVE BOARDS OF COMMISSIONERS. 10-01010 CRA Memos 10-14-10.pdf 10-01010 Legislation 10-14-10.pdf 10-01010 Exhibit 10-14-10.pdf 10-01010 Memos -CRA 11-18-10.pdf 10-01010 Legislation 11-18-10.pdf 10-01010 Exhibit 1 11-18-10.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Dunn II and Suarez RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER APPROVING THE FINDINGS OF THE EVALUATION COMMITTEE, PURSUANT TO REQUEST FOR PROPOSALS ("RFP") 207193, AUTHORIZING THE CITY MANAGER, AFTER CONSULTATION WITH THE CITY ATTORNEY, TO NEGOTIATE A PROFESSIONAL SERVICES AGREEMENT (P.S.A.), IN SUBSTANTIALLY THE ATTACHED FORM, WITH GALLAGHER BASSETT SERVICES, INC., FOR THE PROVISION OF CLAIMS ADMINISTRATION SERVICES AND MANAGED CARE SERVICES (PART I: WORKERS COMPENSATION CLAIMS ADMINISTRATION, PART II: GENERAL, AUTOMOBILE, AND PROFESSIONAL LIABILITY CLAIMS ADMINISTRATION, AND PART III: MANAGED CARE SERVICES) FOR THE DEPARTMENT OF RISK MANAGEMENT, FORA PERIOD OF THREE (3) YEARS, WITH OPTIONS TO RENEW FOR FIVE (5) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF City ofMiami Page 83 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 FUNDS OF THE USER DEPARTMENT, SUBJECT TO AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL. 10-01234 Summary Form.pdf 10-01234 Memo Claims.pdf 10-01234 Memo Recommendation Evaluation Committee.pdf 10-01234 Pre Memo- Claims Adjusting Program.pdf 10-01234 Request for Proposals.pdf 10-01234 Legislation.pdf 10-01234 Exhibit 1.pdf 10-01234 Legislation (Version 3) 12-16-10.pdf 10-01234 Term Sheet 12-16-10.pdf Motion by Commissioner Gort, seconded by Vice Chairman Carollo, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Carollo Absent: 2 - Commissioner(s) Dunn II and Suarez RE.6 RESOLUTION 10-01218 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A Attorney PAYMENT TO THE CITY OF MIAMI, IN THE AMOUNT OF $75,000, IN SETTLEMENT OF THE CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. D.H. GRIFFIN CONSTRUCTION OF FLORIDA, LLC, ETAL., FILED IN THE CIRCUIT COURT IN AND FOR THE ELEVENTH JUDICIAL CIRCUIT UNDER CASE NO. 08-45701 CA 02; DIRECTING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 10-01218 Memo-CityAttorney's Office.pdf 10-01218 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 Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0523 Chair Sarnoff All right, RE.4. Let's defer that 'cause I think we're going to need to do the -- Priscilla A. Thompson (City Clerk): RE.4 was deferred to -- Carlos A. Migoya (City Manager): RE.4 is deferred; so is 5. Ms. Thompson: -- December. Chair Sarnoff It is deferred. I apologize. AndRE.5, then, I have is deferred. Is that correct? Ms. Thompson: That's correct. Chair Sarnoff Well, then RE.6. Julie O. Bru (City Attorney): RE.6, Mr. Chair, is a resolution that would authorize the settlement City ofMiami Page 84 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.7 10-01295 Office of the City Attorney of the case entitled the City ofMiami versus D. H. Griffin Construction of Florida. This is an action that we brought, the City brought against a contractor. The settlement would be accepting payment in the amount of $75, 000. This case arises out of certain damage sustained by the -- Dr. Jackson office, which is located at 190 Southeast 12th Terrace, and the damage was sustained in connection with the activities of this construction company while they were constructing the building, the Solaris, adjacent to it. Chair Sarnoff All right. Ms. Bru: We are recommending it -- you know, this -- we have already done the repairs to the Jackson house, and this amounts to about 70 cents on the dollar with respect to the actual out-of-pocket damages. Chair Sarnoff Is there a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT TO THE CITY OF MIAMI IN THE AMOUNT OF $475,000, IN FULL SETTLEMENT OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. LODAL, INC. AND CONTAINER SYSTEMS AND EQUIPMENT CO., INC., CASE NO. 05-22708 CA (20), PURSUANT TO THE TERMS OF THE MUTUAL GENERAL RELEASE; DIRECTING THE CITY MANAGER TO EXECUTE THE GENERAL MUTUAL RELEASE, AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE THE SETTLEMENT. 10-01295 Memo- City Attorney. pdf 10-01295 Legislation.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0524 Chair Sarnoff RE.7. Julie O. Bru (City Attorney): RE.7 is also a resolution that would authorize the settlement of a case that was also brought by the City of Miami against Lodal and Container Systems. I am happy to recommend this settlement to you. I think it's an excellent way to resolve this matter. This was a case that arises out of our allegations that we made that these trucks -- these are Solid Waste trucks that we had purchased; that they were defective. The amount of the settlement City ofMiami Page 85 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 would be $475, 000. It would also require us to return the fleet of the vehicles that we have, which are -- have all now been put out of service. And the payments would be made to the City in installments, and we will not release the vehicles until the third payment is made. I think they were going to make 1 75,000 and then additional $100, 000 payments the two months subsequent thereto. Chair Sarnoff. All right. Is there a motion? Commissioner Dunn: So move. Chair Sarnoff. Motion by -- Commissioner Gort: Second. Chair Sarnoff. -- Commissioner Dunn, second by Commissioner Gort. Any discussion, gentlemen? Vice Chair Carollo: And just to verf, this is what, RE. 6? Chair Sarnoff. RE.7. Vice Chair Carollo: RE. 7. Chair Sarnoff. This is Lodal. Vice Chair Carollo: Nope, no discussion. Chair Sarnoff. All right. All in favor, please say aye." The Commission (Collectively): Aye. RE.8 RESOLUTION 10-01200 Office of Strategic Planning, Budgeting, and Performance A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ADDING CAPITAL PROJECTS APPROPRIATIONS TO THOSE LISTED IN RESOLUTION NO. 10-0457, ADOPTED OCTOBER 14, 2010, AND REVISING CURRENT APPROPRIATIONS AMONG APPROVED PROJECTS; FURTHER APPROPRIATING FUNDING FOR THE ADDED PROJECTS. 10-01200 Summary Form.pdf 10-01200 Legislation.pdf Motion by Commissioner Dunn II, seconded by Chairman Sarnoff, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0525 Chair Sarnoff RE.8. Alice Bravo (Director, Capital Improvements Program): RE.8 is an update to the capital projects appropriations to include some new funding for FIND (Florida Inland Navigation District) grants for Marine Stadium and Spoil Island E and in addition to relocation of funds from some projections to others to complete funding for projects that can move forward. City ofMiami Page 86 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnofff. All right. Is there a motion on RE.8? Commissioner Dunn: So move. Chair Sarnofff. Motion by Commissioner Dunn. Is there a second? Second the motion. Vice Chair Carollo: There is a motion by Commissioner Dunn, seconded by Commissioner Sarnoff. Any discussion? I think it goes without saying the hesitation that the Commissioners up here have to approve this. I think mentioned it to you in our meeting that every Commission meeting we keep seeing this coming up and changes and so forth andl understand some of it, but you know, at least it -- with me, it's more of an opportunity of things to be slipped in there, slipped out, or so forth without our knowledge or without our full attention to it, especially with the amount of information that we are reading and going through for this particular meeting, which is two meetings in one. And again, I think we don't have to say; you just saw it up here how this Commission is hesitant. I don't know if any other Commissioner wishes to say anything on this item. Chair Sarnofff. If you want to table this or if you want to bring this to the next Commission meeting -- but your question, I think, is more profound. Your question is why does this keep emerging? And -- I mean, I don't remember this emerging when I was Commissioner in years past. I think we did it one year. Vice Chair Carollo: And in all fairness, there's some good -- there's some pro and cons to this. Chair Sarnofff. Right. Vice Chair Carollo: I mean, I'm sure -- and I'm not going to speak to you. I mean, speakfor you. But I'm sure Ms. Bravo is going to say at least we're bringing it forward to the Commissioners where in the past maybe it wasn't. So I don't want to speakfor you, but Ms. Bravo. Ms. Bravo: That was a pretty good job. Yes, in the past funds were allocated and reallocated from one project to another to plug a hole, et cetera, and don't think there was any awareness of it. So here, before we proceed on any project, before we move to issue a purchase order, we come here to the City Commission and present the appropriation so you know exactly where the funding is going. So in -- you know, we're doing a review of basically every project number that the City has ever had, and so we're finding that in some places there was a favorable bid or a project was closed out and there was remaining funds and that's presented the opportunity to transfer funds and complete the funding for a project that was only partially funded. So in this case, we have the Moore Park new construction that a procurement was done and there were additional funds needed for the project. So the procurement was launched probably about a year ago and at that time, they moved forward knowing they didn't have sufficient funding on the project. So the procurement was complete. We know how much was needed and we're addressing that. And just like every time there's a FIND grant that's awarded, same thing. I can't issue an assignment or purchase order for whatever work is involved with that FIND grant until come here and perform the appropriation, so it's -- I'm coming here often to be transparent and to move the projects forward. Vice Chair Carollo: Thank you, Ms. Bravo. Now at the same time, just like you're coming before us with new projects or so forth, a new grant, at the same time, I experienced as you very well know -- and this is why I'm always so cautious with this -- a project that was closed out in my district and the money was then going citywide or somewhere else or so forth and not staying within my district so that's why, you know, at least this Commissioner is always cautious. I mean, you mention now -- I forgot what was the amount for the Marine Stadium. And believe City ofMiami Page 87 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 me, I'm all for a marine stadium. However, I have seen three different items in this agenda so far that deal with money to the Marine Stadium and I'm starting to wonder, you know, what's this all adding up because in one of the consent items, I saw what, 175? Ms. Bravo: And that's the 175 that's reflected here at the bottom of the table in the creation of a grant award. Since we accepted the FIND grant, then those funds are appropriated to the project number. Vice Chair Carollo: You know, one -- an item that I think passed not too long ago -- as a matter of fact, I have it. RE.3, I see $300, 000 to Marine Stadium. So I'm starting to see all this money going to projects in different agenda items and, again, I'm just cautious. I'm skeptical. I'm saying, hey, wait a second. Let's get some accounting on this and get, you know, a grip on it. And think that's one of the reasons why you're -- you saw some hesitation by this Commission. Ms. Bravo: Right. AndRE.3 was a capacity increase for the consultant that's going to do the work with the FIND -- the fund grant we received, so we're just coming here and presenting it to be transparent so you know where the funds are being applied and how they're being implemented. Without either one of these items, we could not move that particular project over -- forward. Vice Chair Carollo: Mr. Manager. Carlos A. Migoya (City Manager): Just so you know, the reason we're coming every month to reiterate Ms. Bravo's point, but equally important, we have made a decision not to move any monies without Commission approval on every one of these projects and that is the reason we're doing this. So if you wish to defer or do anything, we're happy to do so, but we will not start any projects that don't have any monies appropriated to them. Vice Chair Carollo: But Mr. Manager, it's not every month; it's every meeting, so it's every two weeks we're coming -- you know, you all are coming before us and bringing new items or changes in items and so forth. Andl don't necessarily know that this Commission was prepared for every Commission meeting to have changes in the items. I mean, I'm starting to adjust to it now and maybe I could start expecting it and, like I said, maybe I could have a staff member just, you know, focus on all these changes back and forth or adjustments to the CIP (Capital Improvement Projects) projects, but at least, you know, from my point of view, I wasn't expecting that every single Commission meeting we were going to have all these adjustments. Mr. Migoya: Well, the intent is once a month to do these movements. And frankly, historically, these movements were done by the request of one Commissioner or by just staff doing it without anybody -- Vice Chair Carollo: Right. Mr. Migoya: -- and then that's how we got ourselves in trouble, so if we -- if you would all -- if we would all put up with this and at least concern ourselves to once a month doing this, it'll make it easier for all of us to be aware of this and for CIP to be able to continue the projects and also for budgeting and Finance to be able to say we're moving the monies as the Commission approves this so everybody keeps track of the monies. Vice Chair Carollo: Right. And I think that's -- at least that's what I want and that's, I think, what all of the Commissioners want. And you know, it's just -- and by the way, this is actually, I think, very healthy to, you know, have this dialogue to see exactly -- Mr. Migoya: Sure. City ofMiami Page 88 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: -- what is expected of you all, what you all expect from us, and see how we want to proceed. Commissioner Gort. Commissioner Gort: Ms. Bravo, let me ask you a question. How long you been working with for the City ofMiami? Ms. Bravo: Six months. Commissioner Gort: Sixth months. Can you tell us -- because I know we talked about it -- how many month you spent in trying to bring everything to order and to see where all the fundings were at and all -- 'cause I think it be important for you to understand what you -- Ms. Bravo: Six months. Commissioner Gort: -- have inherit and what you're doing. Ms. Bravo: Yes. And I've basically pulled reports -- the report of every project number ever created, every phone code that's ever been used, and we're going through one -by -one and closing out the documentation from construction. And if we have the final liens or releases and closing out purchase orders, et cetera, to make sure that we know exactly where everything is. Commissioner Gort: And my understanding is, according to meetings that we've had, a lot of the projects were done in the past without the funding being allocated, which had created a liability for us. Ms. Bravo: Right. Without funding and without a -- Commissioner Dunn: Transcripts. Ms. Bravo: -- contractual mechanism to pay the contractor. Commissioner Gort: Thank you. Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: I do want to both commend my colleague as well as the Manager and of course you, Ms. Bravo. Because now what happens too if these projects are not moved in a timely fashion, then we have -- we would have delay costs. Could that be created sometimes? Ms. Bravo: In some cases, yes. And -- Commissioner Dunn: And one of the things that I do want to commend you on -- and I know this is a area that my colleague has been screaming about for some time, but I do want to commend you for the manner in which you have expeditiously moved the items as it pertains to parks in District 5, and that's be a real sore area for a lot -- andl -- no. I say that respectfully. Chair Sarnoff Just remember, there's some jealousy on this dais. Vice Chair Carollo: I wouldn't call it jealousy. Commissioner Dunn: But it is a very, very crucial and vital area, particularly in my district. Andl do know that these -- and the manner in which you worked to move these projects. I want to publicly compliment you. And of course, my colleague is always -- hopefully from this dialogue, we can have some type of regularity. No. That's a good thing. I think the Manager said we'll try to do this maybe on a monthly basis. 'Cause the opposite of this will be being in the City ofMiami Page 89 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.9 10-01292 Department of Capital Improvements Program dark, as I'm sure our Chair could probably say that a lot of things that took place in the past that many of the Commissioners were not privy to unless, in fact, it involved a favorable Commissioner, and I'll leave that alone. Vice Chair Carollo: Thank you. Any further discussion? Commissioner Gort? Commissioner Gort: To me, it's not expedite enough. I mean, since I got in in January -- andl like to see how we can expedite all those projects. We have all those projects. We have all the funds allocated. We need to put people to work. I mean, the funds are there. They've been allocated, but we're taking forever to implement. And we need to implement these as soon as possible. Whatever you can come up with, any idea -- and don't mind coming here as often as you can, as long as we can expedite the projects because that's important. We got to put people to work. Vice Chair Carollo: With that said, any further discussion? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say / ay. "The motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT ("MOA"), IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT"), MIAMI-DADE COUNTY ("COUNTY") AND THE CITY OF MIAMI ("CITY"), FOR THE RELOCATION OF THE HISTORIC TAMIAMI CANAUN.W. SOUTH RIVER DRIVE SWING BRIDGE TO FUNCTION ONLY AS A FIXED/STATIC PEDESTRIAN BRIDGE; FURTHER SPECIFYING THE CITY'S FUTURE MAINTENANCE RESPONSIBILITY CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE CITY COMMISSION. 10-01292 Summary Form.pdf 10-01292 Legislation.pdf 10-01292 Exhibit 1.pdf 10-01292-Submittal-Letter-Miami River Commission.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0526 Vice Chair Carollo: RE.9. Alice Bravo (Director, Capital Improvements Program): RE.9 is a resolution to enter into a memorandum agreement for the Tamiami Canal Swing Span Bridge project agreement with the Florida Department of Transportation and the City ofMiami. And basically, the County is -- has jurisdiction over the Swing Span Bridge on South River Drive, just west of 27th Avenue, and they've embarked on the process of ultimately replacing that bridge. They've conducted a NEPA (National Environmental Policy Act) study in hopes of securing federal funds to assist with the City ofMiami Page 90 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 project. And because of that federal involvement and the NEPA study, it was deemed that the existing bridge was historic and so therefore part of the process is to find a home for that historic bridge. So through this agreement we agree to accept the old bridge and have it placed to connect the Fern Isle Park with the PBA (Police Benevolent Association) property and have it as a fixed pedestrian bridge. So in the future, when the County does have funding for the project, they would move it and have it placed and implemented -- installed at the park. Commissioner Gort: Move it. Vice Chair Carollo: Thank you, Ms. Bravo. There is a motion by Commissioner Gort -- Commissioner Dunn: Second. Vice Chair Carollo: -- seconded by Commissioner Dunn. Let me open up to a public hearing. Anyone wishing --? Mr. Bibeau. Brett Bibeau: Thankyou, Commissioner. Honorable Commissioners, Brett Bibeau, managing director of the Miami River Commission, with offices located at 1407 Northwest 7th Street. I will be brief in my forwarding of the Miami River Commission's letter in favor of RE.9 in respectfully recommending its approval. On May 2, 2005, the Miami River Commission unanimously recommended replacing this 1921 Tamiami Canal Swing Bridge and recommend that the current structure be relocated to the Miami River's South Fork connecting Fern Isle Park on the south shore to the public park expansion area on the north shore to serve as a fixed pedestrian bridge. And the River Commission of course thanks the City ofMiami for their continued support of improvements to the Miami River corridor. Thank you. Vice Chair Carollo: Thank you, Mr. Bibeau. And I do ask that, in the future, if you could provide us the letter in support or in opposition earlier instead of right on when we 're hearing the agenda item. Mr. Bibeau: Duly noticed, sir. It was faxed to all the offices on Tuesday. Vice Chair Carollo: Okay. Mr. Bibeau: I always bring afresh copy. Vice Chair Carollo: Thank you. Mr. Bibeau: Thankyou. Commissioner Gort: We need five days, though. Mr. Bibeau: The agenda comes out five days prior. As soon as we get it, review it, find an item, and send it in. We didn't get any advanced notice from the Administration that this item will be placed on the agenda. Thankyou. Vice Chair Carollo: Yeah. But regardless, we have -- you know, there's five business days. I mean, you're coming right on the day of the item being heard, right when the item's being heard and so forth. So I'm just -- you know, it's afriendly suggestion. I mean, if you want to get your maximum support for your letter, you know, it's just a friendly suggestion that -- so, you know, all Commissioners have plenty of time to see that you are in favor or against an item. Mr. Bibeau: Thankyou, sir. Vice Chair Carollo: Thank you. Anyone else from the public wishing to speak on this item? Mr. City ofMiami Page 91 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.10 10-01293 Department of Capital Improvements Program Cruz. Commissioner Gort: He's going to operate the bridge. Mariano Cruz: Mariano Cruz, 1227 26 Street. I am surprised because under a many years I have driven there by South River Drive going up to Jones boatyard, different places and we never call it the Swing Bridge. I surprise. I call -- we call it the Turntable Bridge. I don't know if you remember that. And never seen that bridge being open, so I don't know. Maybe I agree with Mr. Bibeau and the DOT (Department of Transportation) and everything. I am in support on making a fixed span there, whatever it is. Thank you. Vice Chair Carollo: Thank you. Anyone else from the public wishing to speak on this item? Anyone else from the public wishing to speak on this item? Hearing none, seeing none, public meeting [sic] is now closed, coming back to this Commission. Any further discussion? Hearing no discussion, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WATER AND SANITARY SEWAGE SERVICES BETWEEN THE MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT, THE CITY OF MIAMI, THE MUSEUM OF SCIENCE, INC., AND THE MIAMI ART MUSEUM OF DADE COUNTY ASSOCIATION, INC., IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE MUSEUM PARK PROJECT, B-30538; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A COVENANT RUNNING WITH THE LAND IN LIEU OF UNITY OF TITLE FOR THE PROJECT. 10-01293 Summary Form.pdf 10-01293 Legislation.pdf 10-01293 Exhibit 1.pdf Motion by Chairman Sarnoff, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0527 Vice Chair Carollo: RE.10. Alice Bravo (Director, Capital Improvements Program): RE.10 is a resolution authorizing execution of a water and sewer agreement with Miami Dade County for the museum park area, including Museum of Science and Museum of Art. Chair Sarnoff. Move it. Vice Chair Carollo: Motion by Commissioner Sarnoff. Is there a second? City ofMiami Page 92 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.11 10-01204 Office of Strategic Planning, Budgeting, and Performance Commissioner Gort: Second. Vice Chair Carollo: Second by Commissioner Gort. Anyone from the public wishing to speak on this item? Is there anyone from the public wishing to speak on this item? Seeing none, hearing none, the public meeting [sic] is now closed, coming back to discussion. Any discussion, gentlemen? Hearing none, all in favor, say iiye. " The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING APPROPRIATIONS RELATING TO OPERATIONAL AND BUDGETARY REQUIREMENTS FOR FISCAL YEAR ENDING SEPTEMBER 30, 2011. 10-01204 Summary Form.pdf 10-01204 Legislation.pdf 10-01204 Supporting Documents.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0528 Chair Sarnoff All right, FR.2. Carlos A. Migoya (City Manager): Mr. Chair. Chair Sarnoff Yes, sir. You're recognized. Mr. Migoya: If you don't mind can we take RE.11 'cause we need to pass RE.11 to address FR.3? Chair Sarnoff Yes. We could take it out of order. All right, so we are on RE.11, resolution amending appropriate relations. Mr. Migoya: The budget appropriations. Mirtha Dziedzic (Director, Strategic Planning, Budgeting and Performance): The budget appropriation. Chair Sarnoff That's part of this? Mr. Migoya: Yeah. Chair Sarnoff Okay. You're recognized for the record. Ms. Dziedzic: Mirtha Dziedzic -- Chair Sarnoff Page 23, gentlemen. I'm sorry, Mirtha. Go ahead. City ofMiami Page 93 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Ms. Dziedzic: It's okay. Mirtha -- Commissioner Gort: RE (Resolution) what? Ms. Dziedzic: RE.11. Chair Sarnoff RE.11. Ms. Dziedzic: Um -hum. Mirtha Dziedzic, Budget Department. This is the first amending resolution for the budget of fiscal year '11. This is a substitution to the item that was presented in the first meeting -- the October meeting that was continued till now. The changes are items in the general fund that were not previously included in the resolution. Those two items are the creation of the Audiovisual Department and the appropriation of a million and a half dollars for the payment of the administrative fees related to the red-light cameras. In addition, what this resolution also does it appropriates fund balance -- available fund balance for special revenue projects in order for them to continue spending on the grants and projects. Chair Sarnoff That's a vague reference. Could you put a little bit more meat on that bone, the last part? Ms. Dziedzic: Sure. Grants and projects do not end at the end of the fiscal year; they continue until those programs or grants end. So since our books have to close September 30, we have to reappropriate their available fund balance. We take a snapshot in time. In this particular case, we took fund balances available as of June 30. We took 50 percent of those available fund balances and we're recommending for those to be appropriated at this time. Chair Sarnoff All right, I remember now. All right, let me open up to a public hearing. Is anybody wishing to be heard in the general public on RE.11? Hearing none, seeing none, coming back to the Commission. Is there a motion? Commissioner Gort: Move it. Commissioner Dunn: Second. Chair Sarnoff Motion by Commissioner Gort, second by Commissioner Dunn. Any discussion, gentlemen? Hearing no discussion, it is a resolution. All in favor, please say aye." The Commission (Collectively): Aye. RE.12 RESOLUTION 10-01244 Department of A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S), Purchasing ACCEPTING THE BID RECEIVED OCTOBER 19, 2010, PURSUANT TO INVITATION FOR BID ("IFB") NO. 245233, FROM FUEL MIAMI, LLC, FOR MURAL ADVERTISING AT THE MIAMI RIVERSIDE CENTER, 444 SOUTHWEST 2nd AVENUE, MIAMI , FL., AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A REVOCABLE LICENSE AGREEMENT ("RLA"), IN ACCORDANCE WITH THE ATTACHED TERM SHEET AND IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR A FIVE (5) YEAR TERM; FURTHER AUTHORIZING, IN ACCORDANCE WITH THE IFB SECTION 2.8, TO ADD OTHER CITY OF MIAMI OWNED FACILITIES FOR OUTDOOR MURAL ADVERTISING AS PROVIDED HEREIN THROUGH THE INFORMAL SOLICITATION PROCESS, WHEN DEEMED IN THE CITY OF MIAMI'S BEST INTEREST WITHOUT FURTHER CITY COMMISSION City ofMiami Page 94 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 AUTHORIZATION; ANY SUCH RLA MAY BE EXECUTED UPON APPROVAL OF THE CITY COMMISSION 10-01244 Summary Form.pdf 10-01244 Tabulation of Bids.pdf 10-01244 Invitation for Bid.pdf 10-01244 Legislation.pdf 10-01244 Exhibit 1.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Dunn II Absent: 1 - Commissioner(s) Suarez R-10-0529 Vice Chair Carollo: RE.11 we already went through. RE.12. Kenneth Robertson: Good afternoon, Commissioners. Kenneth Robertson, Purchasing Director. RE.12 is a resolution accepting the bid received from Fuel Miami, T,T C (Limited Liability Company) in response to Invitation for Bid 245233 for a mural advertising at the Miami Riverside Center, specifically authorizing the City Manager to negotiate and execute a revocable license agreement in accordance with the attached term sheet and in a form acceptable to the City Attorney; also authorizing the chief procurement officer, under IFB (Invitation for Bid) Section 2.8, to add other City ofMiami-owned facilities for outside mural advertising as provided herein when deemed in the City of Miami's best interest. Future revocable license agreements would come back to the Commission for approval. Vice Chair Carollo: I'm going to have various questions with regard to this item. Commissioner Gort: Move it. Vice Chair Carollo: Commissioner Dunn. Commissioner Dunn: Second for discussion. Vice Chair Carollo: Okay. I got a motion by Commissioner Gort, seconded by Commissioner Dunn for discussion. Commissioner Dunn. Commissioner Dunn: Yes. I wanted to raise a couple of questions as well. In approving this item, are we giving the Manager and City Attorney the authority to enter into an irrevocable -- I mean, a revocable license agreement without coming back to this Commission? Mr. Robertson: Yes. Only for the Miami Riverside Center building. The contractual term sheet was part of the agenda item in terms of the key terms that were negotiated with the company. But yes -- Commissioner Dunn: So -- Mr. Robertson: -- your approval of the resolution would allow them to execute that revocable license agreement only, but future revocable license agreements for additional sites would have to come back to the Commission. Commissioner Dunn: All right. Now in -- so this will be something that you're asking for that City ofMiami Page 95 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 currently we don't practice or we don't do? Mr. Robertson: Correct. The -- if you're interested in seeing the proposed mural that was submitted, I'll pass this among the Commissioners. Vice Chair Carollo: Question. Was that provided in our backup information? Mr. Robertson: It's part of their bid. It wasn't part of the agenda package. Vice Chair Carollo: Why? Mr. Robertson: I don't know. It was actually received after the bid submittal date. We asked for a proposed mural plan. Vice Chair Carollo: I would have liked to have seen that, you know, as part of my decision. Chair Sarnoff Mr. Chair. Vice Chair Carollo: Go ahead, Commissioner Sarnoff. Chair Sarnoff What is the annual fee? What do we expect to take in, all in? Mr. Robertson: The estimated annual revenue is between 174 to $201, 000 per year, exclusive of permit fees and copy changes that would go through Zoning. Chair Sarnoff In other words, that's your license fee, right? So -- Mr. Robertson: The -- it's two parts. There's a monthly use fee of 9,250 and they've agreed to give us 18 percent of their monthly gross revenue. Chair Sarnoff And that does not include then the revenue you would get as a result of being part of the mural ordinance? That's a shaking -the -head -you're -correct? Mr. Robertson: Correct. There's still permit fees that they would get additionally. Chair Sarnoff And how much would that bring in annually on the permit fees? Mr. Robertson: I'd have to defer. I don't know the answer to that. Chair Sarnoff Orlando, do you know? Vanessa Acosta (Assistant Director): Vanessa Acosta with the Building Department. It's pursuant the ordinance, a dollar per square foot. Chair Sarnoff And how much would this bring in? Ms. Acosta: Twenty-five hundred square feet, so twenty-five thousand -- hundred thousand dollars. Sorry. My math isn't that great. I went to law school. Chair Sarnoff All right. That was cute. Lawyers are handicap. Ms. Acosta: At least I can admit it. Mr. Robertson: As you can see in the attachment, the proposed mural is 50 feet by 50 feet on the west facade of the MRC (Miami Riverside Center) building facing I-95. City ofMiami Page 96 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: Was -- what was your original estimate on how much a mural like this should bring in? Mr. Robertson: We didn't have an estimate because we didn't know what the proposed mural size would be. But the company did meet with us and say that bigger isn't always better in terms of the market; that at a certain size, the salability of the mural is saturated, and that was the size they determined to be most profitable. Vice Chair Carollo: So you never had an estimate of what a mural like this would bring in with regards to revenue? Mr. Robertson: Well, we didn't have an estimate on a mural size that we didn't know at the time. We had ideas of what we thought we could bring in. They're a little lower than that. Vice Chair Carollo: Have you done comparables? Mr. Robertson: No. Purchasing has not. Vice Chair Carollo: So how do we know -- 'cause it's my understanding this -- it was only one bidder, correct? Mr. Robertson: Correct. This project was advertised twice. The first time it was advertised, we received three bids; all of them were nonresponsive so we readvertized the project, changed the specifications and the bid structure, and this one company submitted the second time. Vice Chair Carollo: Explain to me what do you mean nonresponsive? Mr. Robertson: They materially didn't bid the percentage that we asked them to as a minimum percentage of monthly revenue. Vice Chair Carollo: So they were below the amount? Mr. Robertson: They were below the minimum standard. Carlos A. Migoya (City Manager): Of all the different companies, Mr. Vice Chair, that we did end up getting, this was the highest, both the percentage of revenues as well as flat dollar amounts so that even the nonresponsive that we had before was a lower number than this was. So in a sense, you did get more than one bidder, although on two different occasions. Mr. Robertson: Plus, because only one company submitted, our procurement code allows us to negotiate with a sole bidder. The original bid was $9,000 a month. We negotiated up to 9,250. And their original bid was 16 percent of revenue and we negotiated that up to 18 percent of revenue. Vice Chair Carollo: Okay. Let me ask a question. If -- we have asked the County to increase the amount of sites by ten, correct? We have requested from the County an additional ten? Mr. Robertson: I believe so. I think Vanessa is working on that. Vice Chair Carollo: Okay. It just -- I'm trying to figure out what's the demand out there because if we're trying to increase it by ten, yet only one company bids -- I mean, do we have a monopoly or what --? I mean, is there really a demand for this? Mr. Robertson: Well, I -- City ofMiami Page 97 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: And by the way, this is nothing with regards to the company that bid for this, Fuel. It has nothing to do with Fuel. And if you've seen me up here, I question any time revenues come into the City and how much andl always try to get the most amount, you know, possible for the City. So this has nothing to do with the company. But in essence, if we've asked the County to increase it by ten and we put it out for bid and only one company bids, is there really a demand for this? Mr. Migoya: Mr. Chair. Vice Chair Carollo: Yes. Mr. Migoya: IfI may, and I'll ask Mr. Toledo to answer as well. There's really not a correlation between this. This is the bid and interest on this specific site and the site itself. The amount of the ten is around different sites throughout the City. And as it ended up being here, there are actually some challenges with this building, although this is the most interesting of the two sites that we have. But that's why we -- this -- we ended up having to bid this twice. And even though there was interest, this is what we got, but there are a number -- there is a limited number of companies that are in this business and actually, we -- I think it's five or six companies that are in there -- six companies and they all looked at this seriously, but we ended up with one at the end of the day. Vice Chair Carollo: Now -- Chair Sarnoff Mr. Chair. Vice Chair Carollo: -- and this was the importance of seeing these pictures. I mean, I would think -- and I'm not an expert in murals nor in marketing and so forth, but would think that a mural that is seen by 1-95 -- right next to 1-95 is a very covenant [sic] area. I think it'd be, you know, a great location, so --I mean, I don't know where these other sites are, these other ten locations, andl don't even think that they've been actually identified, but think this would be a great location; it's right on 1-95, and correct me if I'm wrong or please, educate me. Orlando Toledo (Director): Orlando Toledo, Building and Zoning. I mean, you're right, it is on 1-95, but if you see the building, it's -- the way the building is laid out, that you really don't get a picture of the actual wall maybe a thousand feet away. It's not something that is squared to 1-95; it's jagged, and that's the reason why we believe that's one of the reasons why only one company -- first three and then only one company. Chair Sarnoff Mr. Chair. Vice Chair Carollo: Commissioner Sarnoff. Chair Sarnoff Yeah. Let me -- 'cause I do know a little bit about this. We presently have 35 mural permits issued. That means that people are fee paying on 35 murals. You only have 26 actual murals up right now, which means some of the mural companies have determined that it's in their best interest to actually own the permit, hold the permit, and they can actually move their building -- move -- well, actually move their building; it's true -- move their murals to the various buildings. 1-95 is not considered an extremely advantageous street versus 1-395 -- Mr. Toledo: Three ninety five. Chair Sarnoff -- which is considered the demographic difference of the amount of money being -- that people earn going up and down 1-395 is significantly different than our particular 1-95. And what they're trying to tell you is you measure a mural by the length of time the viewer has a City ofMiami Page 98 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 visual impact of that mural. And because of the situation of -- the physical means and manner in which a person can view this, they only have something like three and a half seconds to look at it versus a lot of the murals on 1-395. The length of view can be upwards of 16 and 17 seconds, plus you have a higher demographic. The number -one building in town happens to be what was the County chiller plant andl think it's now owned by a private entity. Mr. Toledo: Private entity. Chair Sarnoff And that is considered number one. That's ground zero. Ground zero number two, believe it or not, is Biscayne Boulevard. So this is a good building. It is by no means the best building. And the Manager, from my understanding, got as much money as anybody was ever going to bid for this building. Vice Chair Carollo: Understood. Thank you. Mr. Manager, Mr. Director of Purchasing, are you then telling me and telling this Commission that in your -- in good faith, this, you believe, is the most that we can receive or can get for this mural? Mr. Robertson: I do. After the first advertisement, we reviewed all three bids in depth. When we readvertized it a second time and looked at the really only responsive bid we had received to date, and after our extensive negotiations with Fuel Miami, we do feel that we are getting a favorable offer. Vice Chair Carollo: One last question. Should we award this to Fuel, does now Fuel retain the rights for how many years? Mr. Robertson: It's a five-year term with five one-year options to renew, but the revocable license agreement is revocable at will after one year by either party. Vice Chair Carollo: By either party. Okay. Thank you. Any other discussion? Commissioner Dunn. Commissioner Dunn: Yes. Mr. Chair, I just wanted to perhaps -- I'm a little troubled with the -- I would like for them to come back to the Commission, if possible, before just totally authorizing the City -- Mr. Robertson: They do. Future revocable license agreements come back to the Commission for additional sites. Commissioner Dunn: Okay. Mr. Robertson: The contract allows for -- it has a clause that allows us to advertise informally to add sites, which would ultimately result in executing an additional revocable license agreement, but the authority to execute that future agreement lies with you and the Commission. Commissioner Dunn: Okay. Vice Chair Carollo: Hold on, hold on, hold on. I'm not saying that I'm the brightest person, but you lost me with that, with what you said. And Madam City Attorney. Julie O. Bru (City Attorney): Let me explain. Maybe this clarifies it. The resolution that you have before you does two things. Number one, it authorizes the Manager to finalize the terms of a revocable license subject to the term sheet that's attached; and that revocable license, as finalized by the City Manager, will be subject to my approval as to form and correctness, and that get's executed without any further review on your part because you're looking at those terms. Now any future -- City ofMiami Page 99 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Dunn: Okay. Ms. Bru: -- revocable licenses that are awarded, this resolution says would be executed without you reviewing it. But on the floor, he has modified it to say that you will get -- it will come back to you. So this resolution's being adopted as modified on the floor. Vice Chair Carollo: Now that's for any additional, but not for this one? Ms. Bru: Not for this one. Mr. Robertson: Correct. The -- Commissioner Dunn: We're addressing it now. Vice Chair Carollo: And that's -- and I think that's what Commissioner Dunn was saying. I think he actually -- and correct me if I'm wrong, Commissioner Dunn. I'm just trying to, you know, interpret what you said. I think Commissioner Dunn actually wanted this one to be deferred to -- Commissioner Dunn: No, no. Vice Chair Carollo: No? Commissioner Gort: No. Commissioner Dunn: No. I'm sorry. Vice Chair Carollo: Just any further ones. Commissioner Dunn: The future. Vice Chair Carollo: Okay. Commissioner Dunn: I didn't want this to be the president [sic] for all others. Yeah. Vice Chair Carollo: Okay. And after the five years, which again, after one year, could be terminated by either party -- each one-year extension, does that have to come back to this Commission? Mr. Robertson: No. I believe the resolution says at the City Manager's sole discretion. Vice Chair Carollo: I'd like -- Commissioner Gort: I thought we amend it. Vice Chair Carollo: Yeah. I would like to see ifI could get an amendment that after the five years, each additional comes back to the Commission, not necessarily the City Manager because -- I mean, just because I think this City Manager would do the right thing and he's, you know, very knowledgeable with finances, I'm not sure who's -- you know, who the next City Manager might be or when that person may come or so forth, so it could be, you know, any time. So definitely five years from now, I want to make sure that it comes back to this Commission instead of the City Manager. Ms. Bru: Well, let me clarify something then. The term sheet only provides for a maximum of City ofMiami Page 100 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 five -- let's see. It says from one five-year term with -- oh, with five one-year renewal options, so we're talking ten years. Vice Chair Carollo: Right. And each renewal option has to come back -- Ms. Bru: Come back. Vice Chair Carollo: -- to this Commission -- Commissioner Gort: Right. Vice Chair Carollo: -- to be approved. And so I just want to make sure that -- would that be an amendment? Commissioner Dunn: Absolutely. Vice Chair Carollo: To make -- Commissioner Gort: Accepted. Ms. Bru: It would be direction because it's not part of the term sheet. So that would be a direction that has to be included in the revocable license. Commissioner Gort: Right. Vice Chair Carollo: Andl think Commissioner Dunn has amended it to be part of this resolution and seconded by Commissioner Gort. Mr. Migoya: Excuse me. Why don't you just make it a five-year deal? Vice Chair Carollo: I'm okay with that. Mr. Migoya: Makes it more -- that makes more sense, rather than having to bring it up. And then at that point, you renegotiate the whole -- Vice Chair Carollo: You could rebid. Commissioner Dunn: Okay. Vice Chair Carollo: So we'll make it a five-year deal. Commissioner Dunn: That's fine. Commissioner Gort: So you have to make a new amendment. Vice Chair Carollo: So if -- Madam City Clerk. Priscilla A. Thompson (City Clerk): Yes, sir. Vice Chair Carollo: I just want to make sure we're following in and we're doing the procedures correctly. We are going to amend so it be a five-year contract with no additional extensions. Ms. Thompson: Correct. And you're also -- I'm looking at the title here. You've taken away at the sole discretion of the City Manager, 'fight? City ofMiami Page 101 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft No. It doesn't need it. Vice Chair Carollo: Yeah. It doesn't need it anymore because the sole discretion of the City Manager will be after the five-year. Ms. Thompson: Right. So that's why you're modifying the title as well. That's what I'm saying. Vice Chair Carollo: Okay. So we'll modify the title -- Commissioner Gort: Yes. Vice Chair Carollo: -- as well so it'd be interpreted the way this Commission has so stated. Any further discussion? Hearing none, all in favor, say -- Commissioner Gort: I have a question. Vice Chair Carollo: Commissioner Gort. Commissioner Gort: In RFPs -- when we issue an RFP, do we have a disclaimer where it tells you that the City has a right to terminate it or do away with it and so on? Mr. Robertson: We have termination at will clauses, yes. Commissioner Gort: No. But I'm talking about the disclaimer the -- I answer a lot ofRFPs. And most RFP I've answered, the City, at the end of the -- looking at all the RFP coming in, they can decide we don't want to take any of them and that's it because it's in the disclaimer. Do we have that? Mr. Robertson: We can reject all bids, yes. Commissioner Gort: Okay. Because today we had an item in front of us where we wanted to make some decision, but according to you, we were not able to do it, so we had to advertise it. Mr. Robertson: Correct. No, no. Commissioner Gort: Andl don't think we -- Mr. Robertson: That particular item was not an agenda that was submitted for today's meeting. We would need to go through the Agenda Office to publicly notice that for that specific RFP number, we're taking formal action on it. Commissioner Gort: What I would like, if possible, for you to consult with the attorneys. I want to make sure we don't have that problem in the future. Mr. Robertson: Okay. Commissioner Gort: Okay. Mr. Robertson: Well, that particular item was -- Commissioner Gort: Thank you. Mr. Robertson: -- just a discussion item. It was not intended to be for formal action. Commissioner Gort: But my understanding is, if we have a disclaimer -- and that's why I wanted City ofMiami Page 102 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 the Attorney to give me an opinion and get together with you. If we have a disclaimer in the RFP, we can do so, even if it's not in the agenda. That's my understanding. And I'm not an attorney, so -- Chair Sarnofff. Let me rephrase Commissioner Gort's question. Are we within the RFP by limiting it to five years without the five one-year extensions? Mr. Migoya: Ken. Chair Sarnofff. Well, I don't want to hear a yes out of anybody but the City Attorney. Ms. Bru: Okay. On this -- you're asking now about this particular solicitation. Chair Sarnofff. On this issue. Ms. Bru: Okay. I don't have in front of me the RFP to see what was solicited, but I think that there were -- if -- and the Purchasing Director can address this. Most RFPs give the Commission sufficient flexibility that if you want to modify the option, you can do so. You should -- Chair Sarnofff. But -- which also will give them, correct me if I'm wrong, the ability of changing the terms and conditions of their RFP? Let's say 174 to $201, 000. Are -- by us doing this, are we going to be able to -- for them to be able to lower their price to us? Vice Chair Carollo: Commissioner Sarnoff, can we just table this item? I know we have a time certain at 3: 30. Let's just table this item. Let the City Attorney come back with all your answers 'cause I -- 'cause even if they answer, I don't feel too comfortable with -- Mr. Migoya: Well, if you table this item, there's -- I mean, you can table it or address it today; that'd be fine. If you want to defer it to next month, we're going to have an issue. Chair Sarnofff. No, no, no. Table. Commissioner Dunn: No, no. Vice Chair Carollo: No. I'm not saying -- Commissioner Dunn: For this meeting. Vice Chair Carollo: -- we're saying table it and bring it back to this Commission meeting. Mr. Migoya: Okay. Vice Chair Carollo: Because it seems like -- you know, every time that I think we're going to vote on it, it seems like there's still hesitation, there's still questions out there. And the truth of the matter is -- Mr. Migoya: Sure. Vice Chair Carollo: -- I think, you know, Commissioners -- Mr. Migoya: Just tell us what the question is and we're happy -- Chair Sarnofff. Here's the question. With voting on this with a five-year period without the five one-year extensions, which apparently this Commission does not have the will to have, are they then entitled -- City ofMiami Page 103 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Migoya: Well, wait a second, because that was my idea. But if you want -- Chair Sarnofff. I understand it's your idea. Mr. Migoya: -- to put the five one-year options back, we can. I mean -- Commissioner Gort: No, no, no, no. Vice Chair Carollo: Look, look. Hold on, hold on, hold on, hold on, hold on, hold on. First of all, let's just -- you know, if possible, I need one person to speak at a time, so just -- you don't have to come through the Chair; just let me acknowledge who's going to speak so we know who has the floor. One person speaks at a time. Mr. Manager. Mr. Migoya: If it's an issue with the five one-year option, which was my recommendation, we can restate [sic] the five one-year option, from my perspective. Vice Chair Carollo: Commissioner -- yeah, Commissioner Sarnoff. I think it's not what he's asking. Chair Sarnofff. Yeah. Here's my question. It seems to be the will of this Commission to give this five-year term. By doing so, do we in any way, shape, or form, number one, violate the RFP; number two, does that give Fuel the opportunity to lower the bid that they've offered to us? Mr. Robertson: The answer to both of your questions is no. Chair Sarnofff. An absolute no? Mr. Robertson: The -- an absolute no. Chair Sarnofff. Okay. Mr. Robertson: The section -- Chair Sarnofff. Then you've answered my question. Commissioner Gort: That's it. Mr. Robertson: IfI may read for you the section aboutRFP. Chair Sarnofff. You don't have to. Commissioner Dunn: That's it. Mr. Robertson: Okay. Chair Sarnofff. You don't have to because -- Mr. Robertson: Okay. Chair Sarnofff. -- if you're making a representation to this Commission andl don't have a City Attorney saying -- I'm sorry. I almost was going to -- Vice Chair Carollo: Madam City Attorney. City ofMiami Page 104 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Ms. Bru: Can I offer a suggestion? The contract itself allows for any party to cancel after one year, so I think it's irrelevant what happens at the end of the initial term with respect to the compensation or the use fee. I mean -- but we do have -- we have the bid documents here, and I'm sure the Purchasing Director can, you know, answer, but I think that's the common sense answer. Chair Sarnoff He's answered my question. Commissioner Gort: Yeah. That's it. Commissioner Dunn: All right. Commissioner Gort: Yeah. Vice Chair Carollo: Is everyone else okay with it? Commissioner Dunn: Yes. Commissioner Gort: Yes. Vice Chair Carollo: And we're still doing a five-year --? Commissioner Gort: Yes. Commissioner Dunn: Yes. Vice Chair Carollo: Okay. So we're doing a five-year agreement lease and no additional one-year terms and, okay, it goes out to bid again. When you say the -- either party can -- what's the correct -- what's the attorney word? Commissioner Gort: Terminate the contract -- Vice Chair Carollo: -- terminate the contract -- Commissioner Gort: -- after one year. Vice Chair Carollo: -- who from the City, the City Manager then? Mr. Migoya: Yes, unless you want to have the option back to the Commission on that. Vice Chair Carollo: Hey, you know. I always try to give the power to the Commission, so you know, you push me for it, I'll -- Commissioner Gort: Well -- Vice Chair Carollo: -- try to make an amendment -- Commissioner Gort: -- he'll take it. Vice Chair Carollo: -- and bring it back to the Commission too. Commissioner Gort: He'll take it. Vice Chair Carollo: So if you want that to happen, I'll try to make an amendment for it too, subject to the veto of the Mayor and then the overruling of the Commission. But anyways, with City ofMiami Page 105 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 RE.13 10-01299 RE.14 10-01303 District 5 - Commissioner Richard Dunn II that said, any further discussion from this Commission? No. Hearing none, all in favor, say aye." The Commission (Collectively): Aye. Vice Chair Carollo: Anyone in opposition have the same right to say flay. "Motion carries unanimously. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DESIGNATING ART BASEL AS A SPECIAL EVENT TO TAKE PLACE DECEMBER 1-6, 2010, WITHIN THE DESIGN DISTRICT, MIDTOWN AND WYNWOOD AREAS, PURSUANT TO SECTION 57-46 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "SPECIAL EVENTS OPERATION". 10-01299 Legislation.pdf 10-01299 Exhibit 1.pdf SPONSOR: CHAIRMAN SARNOFF Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0530 Chair Sarnoff All right, I think -- Madam Clerk, you'll correct me, but I believe we are at RE.13? Priscilla A. Thompson (City Clerk): That is correct. Chair Sarnoff All right. Can somebody present for RE.13 or would you like me to do so? I guess I'll do it. This, gentlemen, is the special event, if you remember, for the pedicabs. This will allow people in a low CO2 (Carbon Dioxide) fashion -- of course, I'm trying to figure out how CO2's involved -- by taking a pedicabs throughout Wynwood during the Art Basel week to get around, as they say. This is the special event for the ordinance that we passed before. Would somebody move this for me? Okay. Hanging out here alone? Don't have quorum. This is the special event for the Art Basel that allows people -- this will allow the use of the pedicabs. Commissioner Dunn: So move. Chair Sarnoff Okay, thank you. Motion by Commissioner Dunn, second by Commissioner Gort. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE OPERATING FUNDS FOR THE LIBERTY CITY COMMUNITY REVITALIZATION TRUSTS FISCAL YEAR 2010-2011 BUDGET, IN THE AMOUNT OF $765,140, ATTACHED AND City ofMiami Page 106 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 INCORPORATED, FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2010 AND ENDING SEPTEMBER 30, 2011. 10-01303 Summary Form.pdf 10-01303 Legislation. pdf 10-01303 Exhibit 1.pdf Motion by Commissioner Dunn II, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 3 - Commissioner(s) Gort, Sarnoff and Dunn II Absent: 2 - Commissioner(s) Carollo and Suarez R-10-0531 Chair Sarnoff RE.14. Elaine Black: This -- my name is Elaine Black. I am the president of the Liberty City Community Revitalization Trust. We're here -- we're located at 4800 Northwest 12th Avenue, Miami, Florida 33127. A resolution of the Miami City Commission approving the operating budget for the Liberty City Community Revitalization Trust for fiscal year 2010-2011. These are funds from HUD (US. Department of Housing and Urban Development) that have -- were provided for us through various grants. Chair Sarnoff All right. Is there -- Commissioner Dunn: Mr. Chair. Chair Sarnoff -- a motion? Commissioner Dunn: So move. Chair Sarnoff Motion by Commissioner Dunn. Is there a second? Commissioner Gort: Second. Chair Sarnoff Second by Commissioner Gort. Any discussion, gentlemen? Commissioner Gort: For discussion. My understanding this is a direct grant that you all receive from HUD that you applied for yourself and you got it directly. Ms. Black: Yes, we did, sir. Commissioner Gort: Yes. Thank you. Ms. Black: Thank you. Commissioner Dunn: And Mr. Chair, just to put into the record, this is not coming from the general budget. It's a federal grant. Chair Sarnoff You're saying there's no general fund dollars involved. This is all HUD -approved money? Commissioner Dunn: Absolutely. Chair Sarnoff All right. Anyone -- well, I guess I (UNINTELLIGIBLE) the public hearing. All right. All in favor, please say aye." City ofMiami Page 107 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 The Commission (Collectively): Aye. Unidentified Speaker: Thank you. RE.15 RESOLUTION 10-01308 City Manager's Office A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, WITH ----, WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ATTORNEYS FEES AND COSTS, AGAINST THE CITY OF MIAMI, IN THE CASE STYLED 10-01308- Item at the City Clerk's Office.pdf WITHDRAWN END OF RESOLUTIONS BOARDS AND COMMITTEES Chair Sarnoff Okay. That brings us to -- Carlos A. Migoya (City Manager): DI 1. Well, unless you -- Chair Sarnoff Well, let's -- the Boards and Committees, can I get a mo --? We don't have the necessary people to sit. Can I get a motion to -- I don't want to bring this back in December. Priscilla A. Thompson (City Clerk): Defer it to January? Chair Sarnoff Yeah. Commissioner Gort: Yes. Chair Sarnoff First meeting in January. Ms. Thompson: Deferring all of them till January 14. Commissioner Gort: I have one for the Nuisance Abatement Board that I want to take. Chair Sarnoff Oh, you have one you want to make? Commissioner Gort: Yeah. Chair Sarnoff Go ahead. Commissioner Gort: That's all have. Ms. Thompson: Okay. The Nuisance Abatement Board -- Commissioner Gort: Correct. Ms. Thompson: -- would be BC.16. Commissioner Gort: Okay. City ofMiami Page 108 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 BC.1 10-00911 Ms. Thompson: Now before we move, do you want to go ahead and take your motion on all of them with the exception of BC.16, and then come back and we'll address BC.16? Thank you. Commissioner Gort: So move. Chair Sarnoff All right, we have a motion by Commissioner Gort, second by Commissioner Dunn. Any other discussion? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE ARTS AND ENTERTAINMENT COUNCIL FOR TERMS DESIGNATED HEREIN. BC.2 10-01297 APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Vice Chairman Frank Carollo 10-00911 Arts CCMemo 10-28-2010.pdf 10-00911 ArtsCurrent_Board_Members 10-28-2010. pdf 10-00911 Arts CCMemo.pdf 10-00911 Arts Current Board Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC. 1 was deferred to the Commission meeting scheduled for January 13, 2011. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE AUDIT ADVISORY COMMITTEE FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Commissioner Francis Suarez City ofMiami Page 109 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 BC.3 10-00648 10-01297 Audit CCMemo.pdf 10-01297 Audit Current_Board_Members. pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.2 was deferred to the Commission meeting scheduled for January 13, 2011. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM Clerk LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO RALPH DUHARTE AS A MEMBER OF THE BAYFRONT PARK MANAGEMENT TRUST. 10-00648 Bayfront Waiver CCMemo.pdf 10-00648 Bayfront Current_Board_Members.pdf BC.4 10-00799 Office of the City Clerk Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.3 was deferred to the Commission meeting scheduled for January 13, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE BAYFRONT PARK MANAGEMENT TRUST FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Commissioner Francis Suarez Commissioner Richard Dunn II 10-00799 Bayfront CCMemo 10-28-2010.pdf 10-00799 Bayfront Current_Board_Members 10-28-2010. pdf 10-00799 Bayfront CCMemo.pdf 10-00799 Bayfront Current_Board_Members - Copy.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo City ofMiami Page 110 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Note for the record: Item BC.4 was deferred to the Commission meeting scheduled for January 13, 2011. BC.5 RESOLUTION 10-00912 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMISSION ON THE STATUS OF WOMEN FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00912 CSW CCMemo.pdf 10-00912 CSW Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.5 was deferred to the Commission meeting scheduled for January 13, 2011. BC.6 RESOLUTION 10-00829 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE COMMUNITY RELATIONS BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00829 CRB CCMemo.pdf 10-00829 CRB Current_Board_Members.pdf CRB Resumes.pdf NOMINATED BY: Vice Chairman Frank Carollo Vice Chairman Frank Carollo Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC. 6 was deferred to the Commisssion meeting scheduled for January City ofMiami Page 111 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 BC.7 10-00011 13, 2011. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE COMMUNITY TECHNOLOGY ADVISORY BOARD FORA TERM AS DESIGNATED HEREIN. BC.8 10-00825 APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00011 CTAB CCMemo.pdf 10-00011 CTAB Curren Board Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.7 was deferred to the Commission meeting scheduled for January 13, 2011. RESOLUTION Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION, APPOINTING CERTAIN Clerk INDIVIDUALS AS MEMBERS OF THE EQUAL OPPORTUNITY ADVISORY BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: 10-00825 EOACCMemo.pdf 10-00825 EOA Current_Board_Members.pdf NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort FOP Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo City ofMiami Page 112 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Note for the record: Item BC.8 was deferred to the Commission meeting scheduledfor January 13, 2011. BC.9 RESOLUTION 10-01298 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE Clerk EMPLOYMENT REQUIREMENTS BY A FOUR -FIFTHS AFFIRMATIVE VOTE, AS IT RELATES TO EDILFA PEREZ AS A MEMBER OF THE EQUAL OPPORTUNITY ADVISORY BOARD. 10-01298 EOA Waiver CCMemo.pdf 10-01298 EOA Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.9 was deferred to the Commission meeting scheduled for January 13, 2011. BC.10 RESOLUTION 10-01305 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST FOR A TERM AS DESIGNATED HEREIN. APPOINTEE/CATEGORY: NOMINATED BY: Clarence Graves (AFSCME 871) AT -LARGE 10-01305 GESE CCMemo.pdf 10-01305 GESE Current_Board_Members.pdf GESE MEMO.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.10 was deferred to the Commission meeting scheduledfor January 13, 2011. BC.11 RESOLUTION 10-00766 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HEALTH FACILITIES AUTHORITY BOARD FOR TERMS AS DESIGNATED HEREIN. City ofMiami Page 113 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo Commissioner Richard Dunn II 10-00766 Health CCMemo.pdf 10-00766 HEALTH Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.11 was deferred to the Commission meeting scheduled for January 13, 2011. BC.12 RESOLUTION 10-00018 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD FOR TERMS AS DESIGNATED HEREIN. BC.13 10-00809 Office of the City Clerk APPOINTEES/CATEGORIES: NOMINATED BY: Chairman Marc David Sarnoff (Citizen) Vice Chairman Frank Carollo (Citizen) Vice Chairman Frank Carollo (Architectural Historian) 10-00018 HEP CCMemo.pdf 10-00018 HEP Current_Board_Members.pdf HEP Applications.pdf 10-00018 List HEP applicants.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC. 12 was deferred to the Commisssion meeting scheduled for January 13, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE HOMELAND City ofMiami Page 114 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 BC.14 10-00575 Office of the City Clerk BC.15 10-00102 DEFENSE/NEIGHBORHOOD IMPROVEMENT BOND PROGRAM OVERSIGHT BOARD FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Mayor Tomas Regalado Mayor Tomas Regalado Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00809 Homeland CCMemo.pdf 10-00809 Homeland Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.13 was deferred to the Commission meeting scheduled for January 13, 2011. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A CERTAIN INDIVIDUAL AS A MEMBER OF THE MAYOR'S INTERNATIONAL COUNCIL FOR A TERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Mayor Tomas Regalado 10-00575 MIC CCMemo 10-14-2010.pdf 10-00575 MIC Current_Board_Members 10-14-2010.pdf 10-00575 MIC Memo.pdf 10-00575 MIC Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.14 was deferred to the Commission meeting scheduled for January 13, 2011. RESOLUTION City ofMiami Page 115 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING THE TERM Clerk LIMIT BY A FIVE -FIVE UNANIMOUS AFFIRMATIVE VOTE, AS IT RELATES TO SHANE GRABER AS A MEMBER OF THE NUISANCE ABATEMENT BOARD. 10-00102 NAB Waiver CCMemo 10-14-2010.pdf 10-00102 NAB Current_Board_Members 10-14-2010.pdf 10-00102 NAB Waiver CCMemo.pdf 10-00102 NAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.15 was deferred to the Commission meeting scheduled for January 13, 2011. BC.16 RESOLUTION 10-00913 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00913 NAB CCMemo.11-18-2010.pdf 10-00913 NAB Current_Board_Members.11-18-2010.pdf 10-00913 NAB CCMemo.pdf 10-00913 NAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.16 was deferred tot he Commission meeting scheduled for January 13, 2011. (BC.16) RESOLUTION 10-00913a Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE NUISANCE ABATEMENT BOARD FOR ATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: City ofMiami Page 116 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Jose M. Reyes Commissioner Wifredo (Willy) Gort Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo R-10-0535 Chair Sarnoff BC.16. Commissioner Gort's recognized. Commissioner Gort: At this time I'd like to appoint Jose M. Reyes. Commissioner Suarez: Second. Chair Sarnoff All right, we have a motion by Commissioner Gort, second by Commissioner Suarez. Any discussion. Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. BC.17 RESOLUTION 10-00035 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PARKS AND RECREATION ADVISORY BOARD FORATERM AS DESIGNATED HEREIN. APPOINTEE: NOMINATED BY: Vice Chairman Frank Carollo 10-00035 PRAB CCMemo.pdf 10-00035 PRAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.17 was deferred to the Commmisssion meeting of January 13, 2011. BC.18 RESOLUTION 10-00918 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING A Clerk CERTAIN INDIVIDUAL AS A MEMBER OF THE PLANNING, ZONING AND APPEALS BOARD FOR A TERM AS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Vice Chairman Frank Carollo City ofMiami Page 117 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-00918 PZAB CCMemo 10-28-2010.pdf 10-00918 PZAB Current_Board_Members 10-28-2010.pdf 10-00918 PZAB CCMemo.pdf 10-00918 PZAB Current_Board_Members.pdf 10-00918 PZAB applications.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.18 was deferred to the Commission meeting scheduled for January 13, 2011. BC.19 RESOLUTION 10-00823 Office of the City A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING Clerk CERTAIN INDIVIDUALS AS MEMBERS OF THE URBAN DEVELOPMENT REVIEW BOARD (UDRB) FOR TERMS AS DESIGNATED HEREIN. APPOINTEES: (Alternate) NOMINATED BY: Chairman Marc David Sarnoff Vice Chairman Frank Carollo Vice Chairman Frank Carollo Commissioner Wifredo (Willy) Gort Commissioner Wifredo (Willy) Gort Commissioner Francis Suarez Commissioner Francis Suarez Commissioner Richard Dunn II Commissioner Richard Dunn II 10-00823 UDRB CCMemo 10-28-2010.pdf 10-00823 UDRB Current_Board_Members 10-28-2010. pdf 10-00823 UDRB CCMemo.pdf 10-00823 URDB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.19 was deferred to the Commisssion meeting scheduled January 13, 2011. City ofMiami Page 118 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 BC.20 10-00039 Office of the City Clerk DI.1 09-01456c Department of Finance RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION APPOINTING CERTAIN INDIVIDUALS AS MEMBERS OF THE WATERFRONT ADVISORY BOARD FOR TERMS DESIGNATED HEREIN. APPOINTEES: NOMINATED BY: Mayor Tomas Regalado Vice Chairman Frank Carollo Commissioner Francis Suarez 10-00039 WAB CCMemo 10-28-2010. pdf 10-00039 WAB Current_Board_Members 10-28-2010.pdf 10-00039 WAB CCMemo.pdf 10-00039 WAB Current_Board_Members.pdf Motion by Commissioner Gort, seconded by Commissioner Dunn II, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item BC.20 was deferred to the Commmission meetig scheduled for January 13, 2011. END OF BOARDS AND COMMITTEES DISCUSSION ITEMS DISCUSSION ITEM QUARTERLY UPDATE OF NON -REIMBURSABLE GRANT EXPENDITURES FOR 4TH QUARTER ENDING SEPTEMBER 30, 2010. 09-01456c Summary Form.pdf 09-01456c Summary Form 11-18-10.pdf DISCUSSED Chair Sarnoff Okay. You said DI. 1. Go ahead. Finance Department, you're up. Diana Gomez: Diana Gomez, Finance director. This is a discussion item regarding the quarterly update of nonreimburseable grant expenditures for the quarter -- for the period ending September 30, 2010. For that quarter there have been no amounts recorded -- reported as nonreimburseable. Chair Sarnoff All right. Anyone have any discussions -- any questions of Diana Gomez? All right. Thank you very much, Ms. Gomez. City ofMiami Page 119 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 DI.2 10-01220 DISCUSSION ITEM Miami Parking DISCUSSION TO CONDUCT FURTHER REVIEW OF THE DEPARTMENT Authority OF OFF-STREET PARKING FISCAL 2011 OPERATING BUDGET. 10-01220 Off Street Parking Memos.pdf Motion by Commissioner Gort, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item DI.2 was deferred to the Commission Meeting scheduled for February 10, 2011. Chair Sarnofff. DI.2. Well, let's be fair. I don't think the person that's here is -- Let -- Commissioner Gort: (UNINTET,TIGIBT,F). Chair Sarnofff. -- well, not table it. Let -- tell you what. Couldl get a motion to -- I'm going to do this for you. Let's do a -- since he's not here, let's do a motion to bring this back to the first meeting in February, time certain 10 o'clock. Commissioner Dunn: So move. Chair Sarnofff. You guys should not have to subject yourself to an -- Commissioner Dunn: So move. Chair Sarnofff. -- all -day affair. Commissioner Suarez: Second. Chair Sarnofff. All right, we have a motion, we have a second. All in favor, please say "aye. " The Commission (Collectively): Aye. Commissioner Gort: He's been here all day. He was ready to make a presentation. Chair Sarnofff. Art, nobody ever said you were a potted plant. DI.3 DISCUSSION ITEM 10-01302 Department of Parks DISCUSSION RELATED TO THE FOLLOWING: and Recreation STATUS OF SNACKS FOR HENDERSON AND JOSE MARTI PARKS. SUMMARY OF SNACKS PROGRAM -FACILITIES, BUDGET. AFTER SCHOOL PROGRAM - CHILDREN'S TRUST PARTNER ORGANIZATIONS: FACILITIES, PROGRAMS, AND BUDGET. 10-01302 Summary Form and backup.pdf City ofMiami Page 120 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Motion by Commissioner Dunn II, seconded by Commissioner Suarez, that this matter be DEFERRED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Suarez and Dunn II Absent: 1 - Commissioner(s) Carollo Note for the record: Item DI.3 was deferred to the Commission Meeting scheduled for February 10, 2011. Chair Sarnoff DI.3. Oh, wait. DI.3 -- you know what, DI.3, we're going to have this brought back the same meeting -- first meeting in -- well, could somebody make a motion to bring this back the first meeting in February? This will be heard at 10: 30 -- Commissioner Dunn: So move. Chair Sarnoff -- time certain. Commissioner Dunn: So move. Commissioner Suarez: Second. Chair Sarnoff All right, we have a motion, we have a second. All in favor, please say "aye. " The Commission (Collectively): Aye. DI.4 DISCUSSION ITEM 10-01306 Department of Capital Improvements Program AN UPDATE ON THE STATUS OF THE CITY OF MIAMI TROLLEY PLAN. 10-01306 Summary Form.pdf 10-01306-Submittal-PowerPoint Presentation -Trolley System.pdf DISCUSSED Direction by the Miami City Commision to the Administration to prepare legislation for the December 16, 2010 Commission Meeting that formally rejects RFP 127087 Turnkey Trolley Service Operation for the City ofMiami Health District with Additional Optional Future Routes," and to propose routes that are currently ready to go from the Administration's standpoint. Chair Sarnoff All right. We're going to hear DI.4. This is the trolley issue. DI.4. Vice Chair Carollo: Which we'll now have plus the $500, 000 less in revenue -- in monies. Chair Sarnoff It may. Commissioner Suarez: I think it's -- yeah. Chair Sarnoff Well, let's hear the presentation and they'll -- Alice Bravo (Director, Capitallmprovements Program): Good morning. Chair Sarnoff -- tell us the funding sources. Ms. Bravo: Alice Bravo, Capitallmprovements director. At the last Commission meeting, we were requested to provide an update on a study that had already been performed comparing City ofMiami Page 121 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 existing trolley routes and provide timelines for the additional services that were requested, as well as implementation of the program. So today we're going to discuss the principal routes that you see on the map here and pretty much, the alignments that were considered as part of this original analysis covered 15.5 miles of service. Now the modeling effort that we conducted uses the South Florida Regional Planning model (UNINTELLIGIBLE) 11: 22: 43, and this is the tri-county model that is the adopted model of our Metropolitan Planning Organization and basically, it takes into account population factors, employment factors, locations, and just the whole supply and demand of transportation. This map -- model is validated and tested for accuracy for the study area. Interesting to note is that two-thirds of all the trips that occur within the City limits are -- the origin is outside of the City, so we're literally the crossroads of Dade County. The model itself, one of the principal things we wanted to learn from the model is if we provided these trolley routes, would we be -- in fact be stealing ridership from existing transit alignments, such as the routes MDT (Miami -Dade Transit) provides, Metromover, et cetera. From the model results, it seems that anything of that nature is really negligible, so this trolley is in fact attracting new ridership and not taking it from existing services. On the Brickell/Biscayne route, we wanted to know what those existing services are. Of course, there's the Metromover that is a few blocks off of Brickell, and we have Route 3 and 93 that MDT runs, but those routes start at the Government Center around Flagler Street and go north up to Aventura. No -- there's no MDT service that goes south on Brickell. So when we ran the model, we ran sensitivities to fare collection, et cetera. But overall, the Brickell/Biscayne route shows a strong ridership, 2,000, and it shows most of that ridership in the peak hour and very little in the off-peak periods . And we think this is because the model is more sensitive to the commuter flux and may not be picking up those trips that occur in midday between buildings and parking, et cetera, and -- but that peak period is the commuter hour from 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. The Brickell/Biscayne seems as a promising route because it's the largest employment area in Dade County. There are a lot of residential and commercial developments that were implemented and are still forthcoming. And the trolley provides connectivity to Metrorail and Metromover routes. And the trolley could serve to be the last leg and eliminate some of the traffic trips that result from people having to move their cars to reach their parking destination for a small trip. Brickell itself has a roadway level of service D and that type of congestion demands that we need additional trolleys to make the headways that we 're proposing. The next route that was analyzed was Overtown/Allapattah. This is -- there is another route that runs along Northwest 20th Street, and that route has a ridership of about 2,800 a day. The model is showing strong ridership for this route, about 1,600 a day, and a lot of that is shown in the off-peak periods. So the Northwest 20th Street corridor is unique in that there's a very high concentration of commercial activity and so the model is picking up trips in the off-peak hours to that commercial activity. So this transit alignment would provide support to local businesses, support plan redevelopment areas, it complements MDT routes. It has connectivity to Metrorail. And so far the feedback we've gotten from the community is positive for this route. The health district route looks like a more true circulator. It services a very compact area, and this area is unique in its employment characteristics. There's no transit route that provides a similar alignment and you could see that there is large employment -- large number of visitors every day. Now here the model may not be capturing a lot of the internal trips that occur within the health district as one person going from one building to the other or to and from the parking garages. So despite that fact, the model still predicted a relatively strong ridership of 1,000 a day. We think in fact it'll be higher because of those trips that the model just won't pick up. Vice Chair Carollo: Ms. Bravo, I'm sorry to interrupt, but since we're talking about this route, isn't there going to be an extension or --? Ms. Bravo: And we're going to cover that at the end of the presentation. Vice Chair Carollo: Okay. Thank you, and sorry for interrupting. Ms. Bravo: It's okay. You know, this is the second-largest employment area in the County. City ofMiami Page 122 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 There are about 50,000 people that go to work every day in the health district. There's another 40,000 that come every day and -- for visitors. We know that there're peak shift changes, such as what occur at 7 a.m., so it's easy to work with those shift changes and concentrate the trolley service at a time to move the maximum number of people. Commissioner Gort: Mr. Chairman, may I ask a question? Chair Sarnoff Yes. Commissioner Gort: Ms. Bravo, let me ask you a question. When you discuss the health district, do you only consider the health district or also the metropolitan service being provided there by the State Attorney's Office, the courts and so on? Ms. Bravo: Well, the model picks up all the employment that's -- Commissioner Gort: All the employment. Ms. Bravo: -- in that area. Commissioner Gort: Okay, thank you. Ms. Bravo: Yes. And this is an important location because this health district circulator connects to the Metrorail, provides that last leg of the trip to and from parking facilities and, you know, has a high level of employment and density of users. Chair Sarnoff Commissioner Suarez. Commissioner Suarez: Through the Chair. Chair Sarnoff Go ahead. Commissioner Suarez: Thank you. Chair Sarnoff Maybe the next one, but you don't have to go through this one. Commissioner Suarez: My question is -- I'm going to the MPO (Metropolitan Planning Organization) today so I'm practicing. Commissioner Gort: Good. Commissioner Suarez: Okay. My question is in the modeling -- and I think -- I've gotten into this quite a bit as an MPO member and as someone who's been very excited about the possibility of this since I was elected. I think something that Commissioner Gort was alluding to and something that concerns me and maybe the Vice Chairman as well, everyone in this process, is the modeling system that you use, can you explain a little bit what it's based on and is there any kind of specific --? For example, yesterday I was in Coral Way on 2828 Coral Way, andl was speaking to one of the business owners who owns a real estate company and was doing a toy drive. Andl was talking to him about the possibility of the trolley system and he was very excited. So the question is, is this modeling based on the current public transportation system, or is this modeling based on actual result -- survey -oriented results, door-to-door type in those routes and finding out from those specific people whether they want it or not? Ms. Bravo: This is a computer model and it models the capacity of the roadway networks. It models the existing transit routes and what ridership they have, and it models population, residential, employment, et cetera. So it's a computer prediction and it doesn't involve that type City ofMiami Page 123 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 of feedback. Commissioner Suarez: Through the Chair. Chair Sarnoff Yes. Commissioner Suarez: Thank you. The reason why I mention it is because in the Ponce loop in Coral Gables, they modeled it as well. They used modeling to predict the number, and the actual volume and the actual use was I think five or six times the amount that the models predicted. Ms. Bravo: Right. Commissioner Suarez: So, you know, I think -- it's a little bit of a risk in the sense that -- I mean, I don't think it's a big risk but it's subject to interpretation andl know some people are very passionate about this issue, particularly some that live in my district that I've involved in the conversation are concerned about duplication of existing transporta -- public transportation, you know, et cetera, et cetera, and viability -- long-term viability, which I know you're going to get to. But one of the things thatl want to do andl encourage my colleagues to do as well is actually do the -- go door-to-door. And I'm going to go business by business and I'm going to create a pamphlet where they can comment and they can vote or whatever so that we can get a more true measure of what the demand is for these services. Because in District 4, you have bus route 24, but it's totally different. Andl was talk -- and that bus route goes from Brickell, by the way, all the way to 140th along Coral Way or something like that. What we're talking about for the Coral Gables district, just like for the health district, is mobility between three -- in my case, three huge business centers; Brickell, Coral Gables, and then creating a business corridor out of Coral Way. So -- and then, of course, like the Vice Chairman had mentioned before, having it potentially go to the Marlins stadium. So, you know, I think that creates something that is very hard to replicate with a computer model. Ms. Bravo: Yes. And you can -- Commissioner Gort: Mr. Chairman. Ms. Bravo: -- see that here. This model is designed to -- Chair Sarnoff Commissioner Gort. Commissioner Gort: Let me add a little something. The -- I think trolley is used for very small -- I mean, short distances and provide services. When Metrorail was first put together -- I was a kid at that time, but I went to all the meetings when they were -- and the one component that we don't have, it was the feeding system. Chair Sarnoff Right. Commissioner Gort: That's why people didn't use Metrorail. Because they go to Metrorail, they get to the station, and how do they get to wherever they're going. So that's your biggest problem. We're supposed to have had a feeding system. I think this trolley can be -- serve as a feeding system to our stations within the City ofMiami, and that will provide a benefit to the businesses. I think you'll have more people using public transportation. And since you're going to -- what is it, PIO (Public Information Officer) -- no -- Chair Sarnoff MPO. Commissioner Gort: -- MPO, to the MPO, this is something that they never did. City ofMiami Page 124 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: It's something that I'll be discussing today in relation to the resolution that we passed at the last Commission meeting. I know how big our agenda is today, so I don't want to digress too much on all this stuff but I think the Chairman has in his district, you know, the Metromover, but there's been a lot of discussion about, well, does this line maybe duplicate services. Well, I can tell you that a lot of people have reluctance to walk the two blocks, and then go up the stairs to take the Metromover, which, by the way, I think broke recently and it was kind of scary for a lot of the people, versus just getting out of their building, jumping on a trolley and going from one end of Brickell to the other in five minutes. It's just a totally different experience andl think the community would benefit. Andl know there's somebody who wants to establish a restaurant in your district that was actually going to pay out of their own pocket to provide transportation to their customers. So what said was maybe what can be established is a Brickell BID (Business Improvement District), which you're the expert on that, and I told them that they should meet with you to discuss that possibility. If there is a gap in funding in some future years, the BID can contribute to that so it's not just one or two business owners that are contributing to that. Chair Sarnoff. Well, I've been trying to get -- I was at the MPO when we got the ARRA (American Recovery and Reinvestment Act) funds to buy the 13 trolleys. How we haven't lost that funding is beyond me because we don't have the 13 trolleys. There are some reasons. They're what I call bureaucratic reasons, but nonetheless, we don't have it. Now to me it's a no-brainer. You have 27,000 high-rise units. That means you have 40 -- 54, 000 people on average living vertically. And how you don't simply move them north -south to the PAC (Performing Arts Center) -- I don't know if you know this but 84 percent of all Brickellites [sic] have gone to the PAC, 84 percent. That means they're taking their car and they're driving what, a mile and a half? Right. And they're parking, then we create a parking garage for them or a parking lot where we talked about doing so many things. When very simply, you know, you could hop on a trolley and get down the block in 10 minutes, 15 minutes. So I don't -- I couldn't even voice my frustration. Because Alice was there and Jose was there, andl think took it out on Jose. I'm very frustrated in this process because there are some -- we're not going to get it right, gentlemen. We're not going to predict the absolute right route, but let's start the route, you know. Let's start the process. And if we're too dumb to modifi, the routes in three years, shame on us. You know, if we're so political that we can't agree that this is good for the City, then we shouldn't be sitting up here. Commissioner Suarez: And on that issue, I'll state for the record right now -- andl said it in private with Ms. Bravo -- that if the Coral Way line turns out to be terrible or no ridership, I'll be the first one to say, listen, eliminate it; you know, it's not working. And do -- and use the resources for lines that are working, like maybe the health district or any other line, Brickell, any other line that's working. So I have no problem with that. Chair Sarnoff. What does it say, a journey of a thousand miles starts with just two or three steps? I haven't seen the two or three steps yet. I -- you know, I could vote for anything right now just to get started, just so that we could at least start the process. Vice Chair Carollo: With that said, on the health/stadium district route, more or less, we have the health district route, and all 1 want to do is just extend that 12 Avenue to 7th Street right into the retail. I think -- and I -- I'm -- Ms. Bravo: We have it on a map. We'll get to that. Vice Chair Carollo: Okay, if you have it on a map and -- Chair Sarnoff. Potential route extension to Marlins stadium. Vice Chair Carollo: Yes. Yes, exactly. So -- City ofMiami Page 125 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Mr. Chairman. Vice Chair Carollo: -- I mean -- Chair Sarnoff. Andl support you on that. And if it doesn't work, we'll figure out that it doesn't work. Vice Chair Carollo: Commissioner, I think you all know me by now. Chair Sarnoff Right. Vice Chair Carollo: If it doesn't work, I'll be bringing it back and saying, hey, this doesn't work. We need to retool it or retinker [sic] with it. Chair Sarnoff. Commissioner Gort. Commissioner Gort: Mr. Chairman, I agree with you. I think we have the designated certain areas that have priority, already been approved by the State, by everyone, and we should begin in those areas. At the same time, we need to understand trolleys have the flexibility. There's not a fixed route. You can always adapt to the changes. Like the -- andl agree with you, Vice Chairman Carollo. A lot of people -- if we provide transportation on the trolley from the stations to the stadium, you're going to have a lot more people using public services to go to the stadium. So -- andl think the thing about the trolley, it has the flexibility that you can change it. It's not a fixed route. Commissioner Suarez: And ifI may just jump in on that general discussion. I think one of the things we're going to be discussing is how long does our current funding source last, and so what we're -- but this -- specific to this issue, you know, if you can demonstrate, I think, to somebody like the Marlins that you are able to get people there to the stadium, then, you know -- in Brickell, if there's a deficiency of funding, you can create a BID. In the health district, you may be able to get the Marlins to participate and say we'll pick up the gap because it benefits them. You know, from Coral Way, I don't know what we'll do. If there's not enough ridership, we won't have it. But if there's sufficient ridership, I don't know, maybe we can do a Coral Way BID or something, I don't know. But we can try to figure out a way to do that. Vice Chair Carollo: And Mr. Chairman -- andl do need to point this out, and Commissioner Suarez mentioned as far as funding and how long and so forth. Remember, in the item that we just heard, those monies were originally going to be allocated for the trolley, so we have close to $500, 000 less now. That is why I was advocating CDBG (Community Development Block Grant) monies that is for transportation for public services to go for that -- for transportation in the future. And that's why -- another reason why I brought in -- I brought up the 15 to 25 percent and so forth because transportation really should go -- should be coming -- should be allocated from public services because, unfortunately -- I mean, it is a good -- it is for a good purpose, transportation for the elderly, but now we have less money for transportation to all of us for all of our districts. Commissioner Suarez: I'm sorry. I know how -- Chair Sarnoff It's okay. Commissioner Suarez: -- andl know the Mayor wants -- Chair Sarnoff It's a pretty free-for-all. City ofMiami Page 126 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: But I think what we did today in passing that also gives us the latitude, I would think, to say -- since it's a one-year contract, to say listen -- Vice Chair Carollo: Exactly. Commissioner Suarez: -- you know, maybe there's a different funding source that is better or more adequate to serve that same need and then we don't have to use PTP (People's Transportation Plan) money anymore and we can dump it back into -- (UNINTELLIGIBLE) 11: 39:14 dump it back in, but you can put it back into this project. Chair Sarnoff Let's let her finish so that we can find out if we're funded, how we're funded, if what we've done today has affected it. Ms. Bravo: Okay. Chair Sarnoff To get us moving. Ms. Bravo: All right. Mayor Tomas Regalado: If I -- Chair Sarnoff Mr. Mayor, I thought you were doing an interview. Mayor Regalado: No, no. Vice Chair Carollo: Or he was doing several interviews. Mayor Regalado: IfI may, several things. And you know, we all had good discussions with Alice and Johnnie about the trolley project, and you know, we're in full support of the route of the health district/Orange Bowl route, stadium. And -- but there's two things that we need to, I think, understand as part of the background. I was here when CDBG money was canceled for transportation, and the reason why that the federal government kept cutting, cutting, and cutting the CDBG funding for the City ofMiami, and the money was -- the priority was the meals for the elderly, and then it so happened that we could not fund transportation. As a matter of fact, and all these Commission [sic] has been very involved and Commissioners [sic] Suarez and Vice Chairman and Commissioner Gort, and we have recently met with Debbie Wasserman -Schultz. On December 7, there will be a meeting in Washington. I will not be attending, but some people in our behalf with the staff of Senator Inouye, the -- who is the chairman of the budget in the senate appropriations. And he probably will be able to help us in lifting the ban on the 15 percent allocation. If we do that, then maybe the Commission can consider using CDBG or using that in other forms. The other issue that is pertaining to the trolley is the dispute that we seems [sic] to have with the County in their intent to use the 20 percent of the whole funding to the municipalities to fund Miami Gardens, Palmetto Bay, andDoral. That is an amount of $5 million. The County receives $187 million, I think, in half a penny transportation; 20 percent is distribute to the cities, being Miami the biggest city, and they do that by population. We get the biggest share, and then Hialeah the rest. That's why Hialeah, Miami, Coral Gables, and Miami Beach are, through the League of Cities, sponsoring a letter signed by all mayors, to Mayor Carlos Alvarez and now to the chair of the County Commission, to let them follow the ordinance that was voted by the people ofMiami-Dade County, which is new municipalities will receive the funding from the 80 percent of the County. And you know, Mr. Burgess is saying, well, the increment, we will take that from the increment. But if it they do that, then the funding for the trolley, which is seven years now that we know -- it's lock for seven years -- will be affected. And so that's why the League of Cities just -- I signed the letter and Mayor Robaina, Mayor Bermudez and every mayor is signing the letter, so we can get the County to keep the spirit and the letter of the law, which is the ordinance that was voted by the residents and by the voters, of City ofMiami Page 127 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 using the 80 percent. That will be a very important issue for us and the County because if we do not get the funding for the new cities from the 80 percent of the County, we will be affected and with hundreds of thousands of dollars, I believe. I know that it's $5 million and imagine, by population we will get less money so -- I thought I said that so you understand what -- Commissioner Suarez: Mr. Chairman, ifI may? Chair Sarnoff Yeah. [Later..] Chair Sarnoff All right, Ms. Bravo, continue, and if you could wrap up. Ms. Bravo: (UNINTET,TIGIBT,F) 11: 48: 00. The Coral Way route, as well as the Brickell -- again, the model doesn't predict that midday ridership. We think it'll be higher than this because there's new residential areas along the corridor. There's connectivity to the Gables trolley and Metrorail, et cetera. When you run the model with all four trolleys together, there's like a synergy created and the overall ridership increases by about 10 percent. And here for comparison we listed out what some of the ridership for other trolley systems, Doral, Hialeah, Coral Gables; Coral Gables being the highest with 5,000 a day. And they're running their trolleys for free, 10- to 15-minute headways. Hialeah charges $1.50. Just for comparison purposes, the MDT fare is $2. The average jitney in town is about $1.50. Now this is what our funding scenario looks like. There is -- of the half -cent sales tax that we receive from the County, 20 percent of that must be used for transit. So over the years a certain amount of that allocation has accumulated and by the time we start our trolley service, we'd have with about 12 million reserved, and then we'd receive somewhere just over 2 million a year, so you see that in red. Additionally, we've received 50 percent grants from FDOT (Florida Department of Transportation) for the first three year of service on the health district and the Brickell/Biscayne, and those are the amounts you see there in green and purple. So, you know, the FDOT amounts for Brickell/Biscayne, we have the first year and we have an estimate for the -- year two and year three. Potential funding sources would also include our CRAs (Community Redevelopment Agencies) potentially. We've also been discussing with the health district that in year three when their FDOT 50 percent match runs out, that maybe they replace that contribution or some modifications of service would be required. We're exploring revenue from advertising and, of course, we've modeled fare collection to see what that would produce. The approximate rates that we're using for estimation is there's a $52 per hour rate of service in the case where a turnkey operator provides his own trolley, and that goes down to $39 an hour when it's our own trolley, which, in the future, we'd have the 13 purchased with the ARRA stimulus funding. Commissioner Suarez: Mr. Chairman, just a quick question. You're going to be applying for those FDOT grants as well for other lines? Ms. Bravo: Correct. Commissioner Suarez: Which is something that I think -- Ms. Bravo: That's in addition -- Commissioner Suarez: -- is important for us. Ms. Bravo: -- (UNINTET,TIGIBT,F) 11:50:32 revenue. Commissioner Suarez: And -- okay. You're going to get to --? Ms. Bravo: Yes. So based on the model results, what we're proposing as the standard service City ofMiami Page 128 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 would be a 6:30 a.m. 'til 6: 30 p.m. for the four routes; 10-minute headways in the peak, 20 minutes off-peak, and there could also be special service in the case of a Marlins game, a game at the American Airline [sic] Arenas [sic]. But for these four standard routes, we'd need about 27 trolleys, and the -- that represents about a hundred thousand hours of service per year. With our standard two -- just over $2 million a year, that's enough to run our 13 trolleys on this type of schedule. We'd need an additional approximately 2.7 million a year to run the 14 owner -operator trolleys. Chair Sarnofff. Does that account for no pay or some pay or what pay? Ms. Bravo: Well, that would be the cost. With our existing funding that I showed on the earlier graph and as we phase in this type of service, we could run this type of service for about eight years. If we introduce, let's say the dollar fare, that would produce about 1.4 million a year on top of our standard 2 million. That's really the key to perhaps long-term sustainability of this type of system. Chair Sarnofff. Well, I could tell you from my perspective, I mean, if you run a free service with air conditioning, I can tell you who in my district will be riding that for free -- Commissioner Gort: Yes. Chair Sarnofff. -- all the time. So I'm going to support, you know, minimum one dollar simply because I think the County does get it wrong because whenever I've taken the Metromover, it doesn't smell good and there's usually people on it that spend the day there, at least in the summer months so -- Commissioner Suarez: Mr. Chairman, I think it's something that we should talk about because, you know, for me, one of the great things about the Ponce trolley is you just jump on, jump off. I don't know -- we talked a little bit about it before, maybe there being some kind of a keyless -- Chair Sarnofff. There is. Coral Gables has it. Commissioner Suarez: Okay. But my honest perspective -- and I don't know -- I mean, we've discussed this on mass transportation a lot -- is if somebody could pay -- you know, even if it's a dollar -- you know, you can beg for a dollar and get on the trolley and ride it up and down and beg people and drive people crazy and they do do that. So, you know -- because it's profitable, if you think about it. You're jumping in a trolley with 20 people and you can, you know, panhandle inside the trolley and you've paid the dollar. But you know -- and you can do it all day long 'cause you don't pay the dollar just for one way. You pay the dollar boom, boom, boom. So I mean, I don't know. We can debate it, talk about it. I think there's a lot of time. But you know, my hope would have been that it would have been free and then like the business community would, maybe if it was very successful, say we want to support it from outside, through BIDs, through partnerships with big entities. You know, I don't know. I mean, it's something to talk about, definitely. I'm open either way. Vice Chair Carollo: Mr. Chairman. Chair Sarnofff. Yes, sir. Vice Chair Carollo: Just trying to move the meeting along. I think both of you have valid points and I think it's something that -- you know, it deserves the ample amount of time to debate it. I just don't think that today is the day. Chair Sarnofff. That's fair. City ofMiami Page 129 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Right. Chair Sarnoff That's fair. Ms. Bravo: So on our next slide here we have the expanded study areas. The health/stadium route would include an extension down the 12th Avenue to the stadium area. The Brickell extension that we're going to study goes down 1st Street and Flagler, and the Coral Way extension goes up 17th Avenue to the stadium area. Vice Chair Carollo: And there is a study underway for that? Ms. Bravo: Yes. Vice Chair Carollo: Okay. Ms. Bravo: It's underway and we hope to have the results by the December meeting, and they're also looking at a more detailed analysis than we had to do before because we have to develop the feasibility, the travel times, et cetera. And then there's the trolley system reprocurement [sic] itself that we've estimated the steps that need to be taken and so we could have approval of a new contract by June 2011. And Ken Robertson's here if you need him to elaborate on this. Once again, the ARRA trolleys are being ordered through Miami -Dade Transit. The federal stimulus dollars flow through that agency. They're the only ones in the County that can receive those funds, so we're going to be working with them to make sure it moves forward. And they have their own pressure, given the timeline for the stimulus money to get this done for us. Chair Sarnoff Well, March '012 [sic] they lose the money. March '012 [sic] -- what is it, 8, 10, $12 million goes right out the window because of inability for a bureaucrat to do his job. Is that not a true statement? Ms. Bravo: Well, you know, the County's -- in trying -- Chair Sarnoff See, usually when you're slow like that, it's a true statement. Ms. Bravo: -- to look for the most expeditious route, I think the County has hit some speed bumps that they weren't anticipating. Chair Sarnoff The acquisition of the ARRA buses [sic] is not the route. The acquisition of the ARRA trolley is the failure to read a contract and understand that that contract would not fit the ARRA requirements. And it doesn't take four months to read a contract and realize you missed a requirement. Ms. Bravo: So we're going to work with them to move this forward. Commissioner Gort: The slides, they went real fast. Can you go back to the --? Yeah, City Commission must formally reject current proposal? And then we going to go -- we're going to delay -- Kenneth Robertson: Kenneth Robertson, Purchasing director. Commissioner Gort: -- this until May? Mr. Robertson: The current RFP (Request for Proposals) where there was one sole responsive proposal remains open. That proposal has not been rejected yet, so before we could readvertise the new RFP, formal action from the Commission must be approved to reject that proposal first. City ofMiami Page 130 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Well, what are we rejecting that? Mr. Robertson: The original RFP that was advertised last year. Chair Sarnoff They're going to redo the whole RFP. Commissioner Gort: No. I understand that, but why? Why are we doing that? What happened to the original RFP? Ms. Bravo: Well, in that original RFP -- Commissioner Gort: What was the problem? What was the mistake? What did we --? Ms. Bravo: There was only one responder. It's been a significant amount of time. We think we can get better rates and more competition than what was in place. Commissioner Gort: So for now on we're not going to accept one respondent anymore? 'Cause there's a couple of things that we have here where they only have one respondent, although they had maybe seven vendors. Ms. Bravo: I think it's the combination of that with the time -- Commissioner Gort: Okay. Ms. Bravo: -- that's passed. Mayor Regalado: Commissioners, if I may. Mr. Chairman: Mr. Mayor. Mayor Regalado: Just briefly. Would it be possible to have a resolution rejecting this RFP and directing the Administration to start with a new RFP for the trolley only for the health district/stadium so they -- so probably they can expedite it? This -- last year's RFP from a year and a half ago is not -- I don't think -- it's not the right -- you know, not the company, but it wasn't done in the right way. Andl agree with Alice that we can get more companies, that we can get better rates to function with the trolley. Ms. Bravo: And we'd be packaging a larger system than what was contemplated -- Chair Sarnoff Well -- Ms. Bravo: -- in the original RFP. Chair Sarnoff -- couldl --? Mr. Mayor, would you mind ifI added to that the Brickell District, which has an alternate funding source, which is ready to go, which --? Mayor Regalado: Which is ready to go. Commissioner Suarez: I'll make the motion. Mayor Regalado: I'm just saying that the only thing that we need and the Administration needs is for you to reject the RFP and direct the Administration to do a new RFP. Commissioner Suarez: I make the motion. City ofMiami Page 131 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Dunn: Second. Vice Chair Carollo: Second. Chair Sarnoff All right. There's a motion by Commissioner Sua -- Julie O. Bru (City Attorney): Mr. Chair. Chair Sarnoff Yes, sir -- ma'am. Ms. Bru: Before you entertain that motion, I'd like to have the opportunity to talk to the Purchasing director to make sure that the bid doesn't require some sort of previously advertised notice to the proposer that the bid is going to be rejected. So I haven't -- I -- we could table this item or you can just bring it back. Since it's not an item that was on the agenda to begin with, you can bring it back later on in the day if we determine that it would be appropriate to do so out of pocket. Mr. Robertson: I do not agree. I think that we should notice it and put it on the December 16 agenda. Ms. Bru: Okay, so then you've answered my question, that it needs to be -- does it need to be noticed because of -- Mr. Robertson: Yes. Ms. Bru: -- the bid? Mr. Robertson: Yes. Ms. Bru: Okay. Chair Sarnoff All right, so then there is no -- Vice Chair Carollo: I withdraw my second. Chair Sarnoff There's been a motion, and the seconder's withdrawn. Commissioner Suarez: Withdraw. I withdraw -- Vice Chair Carollo: Withdraw. Commissioner Dunn: Yes. Commissioner Suarez: -- the motion. Chair Sarnoff So this will come back to us in December for the -- for a similar motion to what the Mayor has proffered or suggested. What action do you need us to take today? This is just informative, FYI (For Your Information) or --? Ms. Bravo: This is informative, and we'll come back in December with the analysis of the Marlins route, and then that's when we can really formulate what it will be that'll be included in the new advertisement. Vice Chair Carollo: Mr. Chairman. City ofMiami Page 132 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoff Yes, sir. Vice Chair Carollo: I just want to correct. It's not the Marlins route. Ms. Bravo: The stadium route. Vice Chair Carollo: Okay, stadium route or -- you know, 'cause the retail. This is, you know -- Ms. Bravo: Sorry. Vice Chair Carollo: Okay. Chair Sarnoff All right. Any other discussion, gentlemen? Priscilla A. Thompson (City Clerk): Excuse me, Chair. I just want to make sure because we want to make sure your record is straight. We are recording this as a directionfrom -- would it be -- Vice Chair Carollo: The Commission. Ms. Thompson: -- the Commission to our Purchasing director/Administration to bring back to you at the December 16 meeting a what? Chair Sarnoff A resolution to reject the properly advertised, in accordance with procurement standards -- Commissioner Gort: They're going to do that automatically. We don't need to make a motion on that. Ms. Thompson: No, no. We're just -- Commissioner Gort: Oh. Chair Sarnoff She's going for the direction. Ms. Thompson: The direction. This is going to make sure that it gets done. It's going to be in your minutes, your direction. Chair Sarnoff To -- as I said, to formally reject the current proposal on December 16 and to propose the routes that are ready to go from the Administration's standpoint. Ms. Thompson: Thank you. Chair Sarnoff Anything else, gentlemen? Commissioner Dunn: Mr. Chair. Chair Sarnoff Yes, sir. You're recognized. Commissioner Dunn: I did have one question for Ms. Bravo in regards to the last comment made, approval and execution can be expedited if placed on CIP (Capital Improvements Program) expedited list. If -- best -case scenario, what are we talking about in terms of days, months, or is it really going to be significant? Ms. Bravo: Well -- City ofMiami Page 133 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: We advertise 30 to 45 days, and you know, it's ridiculous. Ms. Bravo: It saves the lead time of getting on the Commission agenda for the contract approval. Commissioner Dunn: Okay. Chair Sarnoff I guess the answer to his question, I thought, would have been you won't see these routes until January 2012. Ms. Bravo: As far as starting service? Chair Sarnoff Yes. Ms. Bravo: Well, we would be pushing for the operator to start within 90 days of contract execution, so it could potentially be by the fall, September/October -- Vice Chair Carollo: Ninety to -- Ms. Bravo: -- of 2011. Vice Chair Carollo: But 90 is not set in stone. Could we request 30 days, if it's possible? Ms. Bravo: Yes. Well, we can make that a selection criteria so whoever can turn it around more quickly -- Vice Chair Carollo: Thirty, forty-five days, you know, something reasonable. Chair Sarnoff Now that'd be -- I like that idea so -- all right, anything else, gentlemen, on this issue? All right, let's -- Thank you very much, Ms. Bravo. Good presentation. END OF DISCUSSION ITEMS MAYOR AND COMMISSIONERS' ITEMS CITYWIDE HONORABLE MAYOR TOMAS REGALADO M.1 DISCUSSION ITEM 10-01310 DISCUSSION CONCERNING A COUNTY RESOLUTION DIRECTING THE COUNTY MAYOR TO INITIATE DIALOGUE WITH FLORIDA MARLINS AND CITY OF MIAMI TO DETERMINE WHETHER PARTIES WOULD MUTUALLY AGREE TO AMEND STADIUM AGREEMENTS TO REDUCE PUBLIC'S CONTRIBUTION TOWARDS CONSTRUCTION OR OPERATION OF NEW MARLINS BALLPARK. 10-01310 Discussion- To Amend Stadium Agreements.pdf DISCUSSED (M.1) RESOLUTION City ofMiami Page 134 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 10-01310a Honorable Mayor Tomas Regalado A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO COMMUNICATE WITH MIAMI-DADE COUNTY AND THE FLORIDA MARLINS, L.P., URGING THE PARTIES TO MUTUALLY AGREE TO AMEND THE STADIUM AGREEMENTS TO REDUCE THE PUBLICS CONTRIBUTION TOWARDS THE CONSTRUCTION AND OPERATION OF THE NEW MARLINS BALLPARK AND PARKING FACILITIES; DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN. 10-01310a-E-mail-Mayor's Pocket Item for November 18, 2010.pdf 10-01310a-Legislation.pdf Motion by Vice Chairman Carollo, seconded by Commissioner Gort, that this matter be ADOPTED PASSED by the following vote. Votes: Ayes: 4 - Commissioner(s) Gort, Sarnoff, Carollo and Suarez Absent: 1 - Commissioner(s) Dunn II R-10-0532 Vice Chair Carollo: CA (Consent Agenda). Chair Sarnoff We'll go to -- that's -- I'd like to go back to the Mayor, if that's all right. Mr. Mayor, you have -- Mayor Tomas Regalado: I have -- Chair Sarnoff -- the -- Mayor Regalado: -- two items. Chair Sarnoff -- M.1, I think, and then you also have a pocket item. Will we get through those, you think? Mayor Regalado: Oh, yes. Chair Sarnoff Okay, M.1. You're recognized, sir. Mayor Regalado: Thank you, Mr. Chairman, Commissioners. We've been talking about relations with the County and Commissioner Suarez is right. We were successful in getting $1.5 million with unanimous vote from the County Commission when we went before them. That same day, at the same meeting, the County Commission approved a resolution, 12-0, and several County Commissioners requested that will bring this to you as a follow-up to their resolution. This resolution has to do with a direction to the County Mayor, and in this case, to the City Manager, to communicate with Miami -Dade County and the Florida Marlins urging the parties to agree to amend the agreements to reduce the public's contribution towards the construction and operation of the new Marlins ballpark and parking facilities. Now what this means exactly is about the $50 million on general obligation bond that the people of Dade County approved on 2004 for the renovation of the Orange Bowl stadium. When the City and the County and the Marlins entered into an agreement, the Orange Bowl stadium was demolished. So the County Commission, by ordinance, transfer $50 million of the GOB (General Obligation Bond) bond issue that was approve line item by the voters to renovate the Orange Bowl for the construction of the Marlins stadium. What the County Commission is seeking is to have a conversation with the Marlins to reduce some of these $50 million. This has nothing to do with the parking or anything. They just include it because it has -- it's a general issue. So it's not about the bonding of the parking or the construction of the parking. It's just their County contribution to the City ofMiami Page 135 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Marlins stadium. And we don't know ifMayor Alvarez has complied with the County Commission direction. He was directed to come back in 60 days to the Commission from that day two weeks ago to report to the County Commission. This resolution only is in response to the request of the County Commission to the City ofMiami, so the three parties will communicate between them whether there's going to be an agreement or not. I suspect that nothing is going to happen, but I'm just bringing this resolution to you as a courtesy to the members of the County Commission. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized, Vice Chair. Vice Chair Carollo: Thank you, Mr. Chairman. I'd like to begin by thanking the Mayor for bringing this up. At the same time, I saw it's a discussion item and, I mean, when I saw it, there was no backup information. And as far as reducing what the City's contribution or County's contribution or taxpayers' contribution, hey, I'm all for, you know, reducing the contribution. However, when I walk on the dais today, I see a resolution here that I have not had a chance to read and, as a matter of fact, I have not had a chance to discuss this with the County Commissioner that represents the area. So I just feel a little uncomfortable, you know, actually passing anything or voting on anything. You know, I don't want to bring up the five-day rule or so forth, but -- and definitely, I believe, you know, the Mayor is one of our colleagues also. It's not just the Commission, but I feel a little uncomfortable voting on a resolution that haven't had a chance to read. Chair Sarnoff You want to table it or --? Do you want to table? Do you want to --? Mayor Regalado: Okay, Commissioner. It wasn't on the backup agenda and -- Vice Chair Carollo: I know it wasn't. Mayor Regalado: -- I apologize because it came from the County Commission. The County Commissioner from the area, Bruno Barriero, voted for this resolution. So all the board of County Commissioners, it was 12-0, and the only one missing was Commissioner Rolle because it was the day after the election that he lost. And you know, I just -- you can vote it down. I don't care. Vice Chair Carollo: But my -- no, no, Mr. Mayor. I started saying -- you know, I started saying anything that reduces taxpayer money going to, you know, the stadium or so forth, if we could negotiate a better deal, I'm all for it. I'm just saying the procedure. I saw it as a discussion item, and when I walked up to the dais, I see a resolution here that I have not had a chance to read so Mayor Regalado: No. Andl saidl apologize. What happened was -- and what happening is that the County Commission gave Mayor Alvarez 60 days and in order for the management of the City to be able to be a part. That's why we brought the resolution. Would it come out -- would this do something to reducing public money? Probably not. I don't think -- we met -- the Manager andl met with Mr. David Sampson. He refused to reopen the contract for the advertising part of the Marlins garage or the City's garage. So I don't think that the Marlins will open -- reopen the conversation with the County and the Florida -- and it's okay. We can pull this. I will communicate to the County that the Commission does not wish to engage in this conversation. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff You're recognized. City ofMiami Page 136 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: I don't think that's a valid point -- a valid statement that the Commission doesn't wish to engage in this situation. I don't think that's a valid statement because we may and we may not. All I'm saying is that I just received this information a couple of hours ago and I would have liked to read it. As you know, I'm very involved with the Marlins stadium. I knew for a fact that you and the Manager met with David Sampson and he outright said no, we're not opening up negotiations and so forth. So more than anything, this is ceremonial, the truth of the matter is, andl understand that. I'm just also bringing the point that although this is just ceremonial as far as procedurally, you know, something that I have said constantly, you know, we should have ample time to read whatever comes before us and then we vote it up or down. So I'm not even saying that we want to vote it down, and I'm not even saying that we don't want to listen to it. All I'm saying is that need sufficient time to read this, at least this Commissioner. So at the very least, you know, I would request that we table this and bring it back to the -- be it the very first item after lunch. But at the very least, I need time to read this. Mayor Regalado: No problem, Commissioner. I'm -- I just -- like you said, this resolution is ceremonial. It doesn't -- Vice Chair Carollo: We all understand. We all agree with you. I understand. Mayor Regalado: So it doesn't -- it would not do -- Chair Sarnoff. Let's bring this up first item -- Commissioner Gort: Bring it up. Commissioner Dunn: Yeah. Chair Sarnoff. -- right after lunch -- Mayor Regalado: At 1. Chair Sarnoff -- 1 o'clock. Mayor Regalado: Okay, great. Chair Sarnoff. We'll bring it back. Mayor Regalado: Sure. [Later..] Chair Sarnoff. All right. So now we had said that we would bring back for discussion the Mayor's -- well, M.1, I think it was, the Marlins issue. Mayor Regalado: Right. Chair Sarnoff. You're recognized again for the record, Mr. Mayor. Mayor Regalado: Thank you very much, Mr. Chairman, Commissioners. This is the resolution that it mirrors the County resolution regarding a direction to the Manager to communicate with the Mayor ofMiami-Dade County and the Florida Marlins LLC (Limited Liability Company) in order to try to reduce the public's contribution towards the construction and operation of the new Marlins ballpark. As I said before, this is just a follow-up that the County counterparts requested from the City ofMiami. This resolution was approved by the 12 members of the City ofMiami Page 137 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commission present on the last Commission meeting two weeks ago. And it's basically requesting that the City Manager -- I don't even think that he has to go, just make a phone call and get the answer, which we all know what it's going to be. So that's basically sort of -- it's a follow-up to the County's request that we did this. Vice Chair Carollo: Mr. Chairman. Chair Sarnoff. You're recognized for the record, the Vice Chair. Vice Chair Carollo: I move the resolution that's before us. Commissioner Gort: Second. Chair Sarnoff. Any discussion, gentlemen? Hearing no discussion, all in favor, please say aye." The Commission (Collectively): Aye. Mayor Regalado: Thank you. END OF CITYWIDE ITEMS DISTRICT 1 COMMISSIONER WIFREDO (WILLY) GORT END OF DISTRICT 1 DISTRICT 2 CHAIRMAN MARC DAVID SARNOFF D2.1 DISCUSSION ITEM 10-01314 REVIEW OF CITY OF MIAMI SALARY MAXIMUMS. 10-01314 Discussion- Review Salary Maximums.pdf DISCUSSED Chair Sarnoff. All right, Mr. Manager, my D2 item, I'm going to be very brief. Larry, I'll be very kind. I'm just noticing, for instance, you advertised for a Human Resource director and your salary span, I think, was 75,000 to 1 75,000. Larry Spring (Chief Financial Officer): Yeah. Chair Sarnoff I'm just saying, isn't it time to start reducing the maximums based on the new normal? Carlos A. Migoya (City Manager): I think you should -- in my opinion, the ranges are too wide, period. Chair Sarnoff Right. Mr. Migoya: But that's something that we probably should be looking at. City ofMiami Page 138 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Yeah. Chair Sarnoff Could you look at that 'cause I think it's -- Mr. Migoya: Yes. Chair Sarnoff -- I think it sends the wrong message to some degree, and can't imagine you -- well, I'm not going to speak for you, but it'd be hard to imagine a $175, 000 brand-new HR (Human Resource) director coming in here, so -- Mr. Migoya: There'd be a few other directors that would have problems. Chair Sarnoff Right, right. So instead of having that out there -- Commissioner Gort: Yeah. Chair Sarnoff -- and getting hit over the head like us as Commissioners, why not just look at some ofyour maxes and bring them in line? Mr. Migoya: Yes, we will. Go ahead. Mr. Spring: I wanted to -- Larry Spring, CFO (Chief Financial Officer) and interim ER (Employee Relations) director. Those -- Chair Sarnoff Wow, you were getting the (UNINTELLIGIBLE). Mr. Spring: -- the salary ranges are developed via studies of those positions, market studies and things that we do from time to time. Obviously, you're right. In the case of the ER director, it did have -- you did have this $100, 000 range, but clearly, there was no intent to hire somebody at that -- the higher end of that range. Chair Sarnoff But you know, intent and what people say are two different things. Mr. Spring: Right. Commissioner Gort: Yes. Mr. Spring: No. I got you. Chair Sarnoff And -- Mr. Spring: So -- Commissioner Gort: Perception. Chair Sarnoff Yeah, exactly. Mr. Migoya: But it's not just a perception. There's a bigger issue, which is since that's the range that you people can give a salary over the livelihood -- over their entire livelihood -- Mr. Spring: Yeah, it's over their life. Mr. Migoya: -- with the City, there's -- that's how you end up with a lot of clerical -- Mr. Spring: Right. City ofMiami Page 139 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Migoya: -- people making huge salaries because of their huge ranges, and that's complaint we had over the budget season, if you remember correctly. Commissioner Gort: And question, shouldn't they have a cap also? Mr. Spring: Well, in the case, that 175 theoretically would be the cap, except for -- Commissioner Gort: Oh. Mr. Spring: -- in the case -- there is exception for executives generally that the Manager has. If you have someone that comes in that is a super uber whatever, and warrants some other salary, the Manager has that discretion. But obviously, we can certainly look at and will look at what those ranges are, look at doing the analysis, see where they are because clearly, all salaries are coming down right now. Chair Sarnoff Well, my only point is look at what we just went through. Mr. Spring: Yeah. Right. Chair Sarnoff You know, and how many people want to get berated over Did you know what the Manager just did with an RFP (Request for Proposals) for -- or a RFQ (Request for Qualifications) -- I don't know what you call it -- and you're like, no, I didn't know. And then do you think it's right that there's this salary range. Well, it seems -- so I don't know. We get the arrows. You know, you guys get the spears, so we don't need any more arrows coming our way. At least this Commissioner doesn't. All right, P&Z (Planning & Zoning), let's see where we can go on this. What do we need to do, Madam Clerk? Priscilla A. Thompson (City Clerk): You have now completed your regular meeting agenda. You can now go ahead and adjourn that meeting, the regular meeting, and would go into the P&Z agenda. We will have to start -- we have to stop the FTR (For The Record) and restart it. So you just need to give us about five minutes, please. After you adjourn the regular meeting, please, Chair. Chair Sarnoff Yes, sir -- ma'am, I'm sorry. Commissioner Gort: Move to adjourn. Commissioner Dunn: Second. Chair Sarnoff All right. We have a motion to adjourn. We have a second. All in favor, please say iiye. " The Commission (Collectively): Aye. Chair Sarnoff Okay. END OF DISTRICT 2 DISTRICT 3 VICE-CHAIRMAN FRANK CAROLLO END OF DISTRICT 3 City ofMiami Page 140 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 D4.1 10-01226 DISTRICT 4 COMMISSIONER FRANCIS SUAREZ DISCUSSION ITEM DISCUSSION RELATED TO PROPOSED LEGISLATION CONCERNING AFFORDABLE HOUSING. 10-01226Affordable Housing Special Benefit.pdf DISCUSSED Chair Sarnofff. I think that does this agenda. Am I right? Priscilla A. Thompson (City Clerk): No. Chair Sarnofff. Wait. You have some -- oh. We have two blue pages. We have -- I'm going to let Commissioner Suarez go first. Commissioner Suarez: Thank you, Mr. Chairman. The first blue page item is a discussion relating to a proposal on legislation concerning affordable housing. We have discussed this for many, many months andl had been discussing bringing this before the Commission. Right now all want to say is even though I included in the backup the actual proposed legislation, I just want to say that it's in a very preliminary state. That's kind of like a first draft. I just wanted you to have an opportunity to take a look at the process. I've started -- I've not started. I've been in the legislative process on this piece of legislation for several months. I've had discussions with the industry, discussions with the homeowners associations, with MNU (Miami Neighborhoods United), with the Mayor, with Planning trying to get all of the affected parties in the room and we've made some very, very constructive progress on having this legislation be legislation that's presented as a consensus legislation by all of those -- some -- what can be sometimes competing interests. And that's my hope, to bring this legislation. Because I feel that there's several members of this Commission that really, really think affordable housing is a huge need in their district. I know that in my particular district, it's an enormous need and can back that up with statistics and with articles that have been written recently in the newspaper. But I just wanted, as I had mentioned before, to get this piece of legislation before you as early as possible, listen to any comments that you might have. There's several components of it that need work, you know, some things related to protection of single-family residential neighborhoods; still need some tweaking in that respect. It also needs tweaking in respect to some of the parking exemptions and so we're working on that as well. But the fact of the matter is that I wanted to get it before you as early as possible. It would then come for first reading, which I anticipate will have some significant changes from what you see before you today. It will come for first reading. It gets in December. And then hopefully, if it receives unanimous support of the all interested parties, plus the Commission, hopefully it will go to second reading in January. The funding cycle from the state of Florida for affordable housing has been delayed from January 1 to February 1, which gives us a little bit more time to discuss this legislation and work on it. So if any of you have any specific concerns or any specific statements that you want to make -- one thing that would be nice for me in terms of my negotiations in dealing with the legislation is to hear the need that you may have in your district because if you express a need and you say that you are generally in favor of legislation that promotes affordable housing, I can go back to the participants and say look, I have at least a tacit support of the Commission on this legislation, you know, in the sunshine, and then I can use that, you know, with the bar -- you know, as a bargaining tool with the members who would come and bargain on this legislation. Chair Sarnofff. Commissioner, can I just say one thing. City ofMiami Page 141 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: Of course. Chair Sarnofff. I'm not known for, probably will never be known for promoting affordable housing. However, with that said, if you just do the model studying ofMontgomery County, if you just do the modeling study of Chicago, if you just do the modeling study of Atlanta, Georgia, if you can create buildings of mixed -income versus single income, you will find that seems to be the model of today versus the models of years past. I still don't think we get it right in the City of Miami. Commissioner Suarez: I agree, andl think that's one of the issues that was raised by the participants. I think part of the problem is -- it's not that we're not getting it so much right in the City. It's that the State form -- funding formula doesn't really give -- it puts an emphasis on number of units and on competing for number of units instead of quality of the units or the quality of the mixed uses involved, so that's the struggle, you know, that I have. You know, I would love to see it done in a different way, butt have to deal with what have. So what we're trying to do since we, as a city, contribute very little to affordable housing, you know, outside of maybe the CRA (Community Redevelopment Agency), you know, we want to do everything we can from a legislative perspective to promote and to make them more competitive, vis-a-vis other parts of the state that are, in reality, fighting for a very small piece of pie because the State will only give about $400 million to $450 million of affordable housing in this cycle, of which we typically get 10 percent, so we're looking at $40 million coming to this region, and then it's going to be fought inter -regionally between other cities and the county. Affordable housing projects do pay taxes. There's some mis -- you know, misinformation on that, and so it does increase our tax base. If any of you -- I'm sure -- I've seen all of you at the affordable housing groundbreakings and at the ribbon -cutting ceremonies. The kind of affordable housing that's being built today is vastly different to what was being built 20, 30, 40 years ago. And all you have to do is go look at a HUD project from before. I know I have one in Smathers Senior Center in my district and it looks like a jail versus some of the ones that are being built today that look nicer than the condos in Brickell, so you know, it's a public private partnership and it's a different model. It's probably not the optimal model as you've mentioned, but it's significantly better than what used to be there, so -- Commissioner Dunn: Mr. Chair. No. I'll yield. Go 'head [sic]. Chair Sarnofff. Oh, you're recognized. Go ahead. I'm sorry. Commissioner Gort's -- Commissioner Gort: Let me tell you, if you want to see an example of beautiful affordable housing, remember where the Miami baseball stadium used to be, there's the -- that development was done about 15 years ago. You should go and look at it. I mean, we had an event the other day. We went there. It's beautiful, maintained, the surrounding areas, a lot of green areas. You will love it. And this is the type of affordable housing that we would like to see. Commissioner Suarez: They also just recently did one in your district with the YMCA (Young Men's Christian Association), where they did -- Commissioner Gort: You're right. Commissioner Suarez: -- a cooperative with the YMCA and it was just like -- I mean, the gym looks like a gym that you would see in a high -end building -- Commissioner Gort: Oh, yes. Commissioner Suarez: -- in Brickell. I mean, it's just incredible. Flat -screen TVs, you know -- So people who are able to rentfrom -- anywhere from $200 a month -- starting at $200 a month City ofMiami Page 142 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 D4.2 10-01307 per unit, you know, going up to $800 a month, you know, are able to enjoy amenities as if they were millionaires and, you know, that creates a pride in, you know, the most basic component of your life, which is where you live, and that helps you be successful in other aspects of your life -- Commissioner Gort: Sure. Commissioner Dunn: Absolutely. Commissioner Suarez: -- so -- Chair Sarnofff. Commissioner Dunn. Commissioner Dunn: Mr. Chairman, I want to publicly commend Commissioner Suarez. It's abundantly clear to me that you've done your due diligence not just in physical presence, but also in study in comparative analysis in terms of looking at affordable housing or housing from a retrospective perspective as to where we are today and it is vastly different. Andl do -- I'm in agreement with our Chairman that we do need mixed housing because you don't -- it just makes for a better neighborhood and a better community, in addition to bringing people together under one roof. And at -- I think the key word -- like you said, there's some developments now that are going up, particularly in District 5, that, jeez, I mean, they're phenomenal, fantastic. The ambience, as you've stated. You would think all you had to do is physically move the building and you could place it on Brickell Avenue and it wouldn't be out of line, so that's what we're looking -- that's -- the quality opposed to what has happened in the past was, as you stated, by regulate -- by regulatory -- state regulatory demands would be placed on the quantity opposed to the quality. And when developers can publicly and privately -- I saw the YMCA model in Allapattah. Now there's one going up in my district and I'm very excited about it. Butl want to personally and publicly commend you for your due diligence. Your -- I can tell that you've really been putting some valuable time to it. Commissioner Suarez: Thank you, Commissioner. I spent, I would say, five or six months on this. It's not something that I've -- I feel has been rushed from my perspective certainly. It's definitely not perfect in its form right now. It needs some work. But the other thing is it's important to have both of -- particularly the two CRA Chairmen's opinion on the CRA's role also in helping to a certain extent. Maybe -- I don't know which CRA would be more adequate, but we've brought in the CRA director into some of these discussions to see -- 'cause maybe the CRA can play a role in emphasizing those -- that mixed housing -- mixed income housing component because that's a different funding source that can have its own requirements without any kind of need for any kind of state intervention. So you know, there's a lot of different ways that this legislation could be utilized by different entities, whether it be the state funding formula or whether it be the CRA, whether it be NSP (Neighborhood Stabilization Program) dollars. There's just a lot of different ways that we can utilize this legislative scheme to promote what is right now a very critical, critical need in our community. Chair Sarnofff. All right. DISCUSSION ITEM DISCUSSION RELATING TO CREATION OF UNIFIED CU/BTR ELECTRONIC APPLICATION PROCESS. 10-01307 Discussion -Creation Unified CU and BTR Electronic.pdf DISCUSSED Chair Sarnofff. All right. You have D4.2, which is a discussion item as well. City ofMiami Page 143 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: Thank you, Mr. Chairman. I'll try to keep it brief. D4.2 has to do with the creation of a unified CU, Certificate of Use, business tax receipt process and making it electronic in nature. What I experienced when I actually had to move my business from Coral Gables to the City ofMiami was that it took me several months to get a Certificate of Use because among other things, one of the requirements is that DERM (Department of Environmental Resources Management) now has to somehow certin, that, you know, everything is environmentally compliant, and obviously, that's outside of our control as a city because we don't control DERM. But I feel like we miss out on a big opportunity when I think of the state of Florida and setting up a corporation, as I often do for my clients, it cost $70; you can do it online, and you have it pretty much within 24 hours. Commissioner Dunn: That's it. Commissioner Suarez: So the idea would be we're -- first of all, we're losing out on a lot of revenue because people are just -- they get frustrated with the process and they give up. And secondly, for those who do the process, it's really not fair because they're spending -- you have to spend an inordinate amount of your time, which is very valuable, just to get a -- just to comply with the law, and it just doesn't make sense for me. I don't even really understand the concept of separating a Certificate of Use from a BTR (Business Tax Receipt). Commissioner Gort: Yeah. Commissioner Suarez: Why would you have it two separate things in the first place? Why don't you just make it one thing? Make it -- put it online and then -- the way it should work is it should be conditionally approved, pending the inspections. And if the relevant agencies that inspect -- Code Enforcement, Fire, DERM, and I think it's WASA (Water and Sewage Authority) may be the other one. I don't know what -- what are the four agencies that inspect. If an owner's obstructing their ability to inspect the premises, then any one of those individual agencies in their own discretion can revoke the Certificate of Use, but that once they apply for it and pay for it online, they're conditionally approved, pending inspections and, you know, if the inspections are not done within a certain period of time or if the person -- the business person is obstructing -- for example, if they're never available -- you know, if the City ofMiami or if they never call the City ofMiami to schedule the inspections within a 30- or 60-day period, then it can be revoked, but that it's conditionally approved so you can just get it. You can operate. You know, you get your business started. You can start a corporation in Florida for $70 within 24 hours. You can start a business in the City ofMiami online, you know. And the idea is that we get people creating businesses in the City ofMiami, that we cut the red tape, that we cut, you know, the bureaucracy of it. And if someone's putting a restaurant, if someone's putting a business, we want to encourage that. We don't want to make it more difficult, and right now the process is very cumbersome and very difficult. Commissioner Gort: Let me ask a question. In Coral Gables, you got to go through DERM also? Commissioner Suarez: I'm not sure if you do. Commissioner Gort: You do? Commissioner Suarez: You probably do, but -- Commissioner Gort: All the cities -- Commissioner Suarez: I don't know if you have to go -- I can tell you two things about Coral Gables. One is they're very efficient at enforcing when a CU lapses -- City ofMiami Page 144 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: Oh, yeah. Commissioner Suarez: -- which we're not, you know, for a variety of reasons, and I'm not blaming anyone. I'm just saying -- I've been told that we're not. I mean, it's not something that I came up with. So I could tell you, Coral Gables, like with their ticketing, you know, with their CU, when the day elapses, you start getting the notices, they start fining you. They're also very efficient at dedicating resources to do the inspections and at that point, also if you don't have your CU, they'll get you. But we can do the DERM thing, you know. We can -- why can't the City do the, you know, DERM portion of it and go out to DERM and it can be incorporated into the fee online. I mean, I -- Orlando Toledo (Director): Orlando Toledo, Building and Zoning. On the County charter, every CU needs to go to DERM as part of an approval. Ideally, what we would want is to have a person from DERM be situated in the 4th floor at the Building Department. That way they could be seen as the process goes. Due to their cuts, they started doing the satellite stuff in Hialeah. Due to the cuts, the actual person that was in Hialeah actually has come back to downtown. There is conversations with DERM to see if somehow we could simplify things. I know that we -- Commissioner Gort andl have talked about creating lists so that, let's say, if 100 percent of everything needs to go to DERM, maybe we could streamline it and not 100 percent, maybe only 40 percent, and those are the things -- the conversations that we're having with DERM. But under the charter of Chapter 24 of the environmental code of DERM, they have their state hat, meaning that everything needs to go to DERM. Commissioner Suarez: Andl don't have a problem with it going to DERM. I mean, I'm not trying to say that -- but the problem is my understanding -- andl don't know if this is how it applies in all cases, you know. You can send a courier to DERM with a check and you pay the check for DERM and that -- Chair Sarnoff There might be a simpler way. What about if we had a person cross -trained at DERM and with the DERM requirements, we pay for them, our employee, they're certified under DERM. Eighty percent of what he's talking about is lawyers, not doctors, but you know, lawyers, accountants. You know, they all make the same trash. We all know exactly what their DERM requirements are versus, you know, maybe a dry cleaner which may have to go to DERM, or maybe a doctor that has some medical disposal issues, other -- but 80 percent of what he's talking about are the white collar folks going downtown that -- wherever they're going, andl believe DERM on some sort of a -- 'cause EEOC (Equal Employment Opportunity Commission) does this, so think about this. Mr. Toledo: Like an interlocal between us -- Chair Sarnoff Interlocal agreement between us and DERM -- Mr. Toledo: That's a good idea. Chair Sarnoff -- and -- 'cause it's done by many different governmental entities. You're right, that Miami -Dade is fulfilling the DEP (Department of Environmental Protection) function -- Mr. Toledo: Right. Chair Sarnoff -- because of a -- for a couple of reasons. And if the -- we've all talked about this one -stop shopping. He's taking it one step further, which is one -stop shopping; if you don't have to leave your computer, even better. Mr. Toledo: Of course. City ofMiami Page 145 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft But certainly one -stop shopping, andl think DERM will be interested in this for one reason. Mr. Toledo: Money. Chair Sarnoff They still get their money. They still get their fee. But now they don't have their employee and now we're attracting people -- we're becoming competitively ahead of a Coral Gables or a Miami Shores or whoever else. Andl think this is what this Commission -- I know Commissioner Gort said this, now Commissioner Suarez, and everybody's trying to say we need to be the business friendly place that know former chairman of Wachovia always wanted us to be. Commissioner Suarez: Andl think we need to be on the cutting edge of technology -- Chair Sarnoff Didl elevate you? Commissioner Suarez: -- particularly when we're spending the kind of money that we're spending on technology. Mr. Toledo: No. With -- Commissioner, with the land management, as soon as it's completed, a lot of these things are going to be able to be done electronically. Now -- Commissioner Suarez: How much time -- how much more time is that going to take? Peter Korinis: Peter Korinis, chief information officer. We're scheduled for March some time to turn on the full capabilities within the Building Department, but there were then some other phases which would follow that that would relate to zoning and to some of the things you 're specifically talking about right now, which is fees. Commissioner Suarez: So what are we talking about, more or less? Mr. Korinis: I would say summertime, but we could try to move that up faster but it has to follow this first building piece, and then we have to figure out -- for example, if we're going to include DERM and have a process that includes DERM, we have to figure out what that business process is and how we're going to do that. Commissioner Suarez: Okay. Yeah. I just think that, again, going back to our central point, you know, we really should make this an electronic process and make it easy for our businessmen. Commissioner Gort: Let me tell you. I had to go personally to get my -- before I was in theCommission andl went to the City andl pull everything. Then I had to go to DERM. I had to go drive all the way down to 2ndAvenue, then llth Street or something like that. You go over there and you take a number. You got to sit down because there's a whole bunch of -- group of people waiting. Then when it comes to you -- andl was renting a space in a existing building with existing facility -- Chair Sarnoff Make any sense. Commissioner Gort: -- and all they do is go into the computer. That's it. Then you have to go upstairs, pay, then get your receipt, then come downstairs. It's very -- I wanted to go through the process myself because I heard a lot of the complaints. I mean, with the electronic today, with the media that we have today, it should be a lot easier. Commissioner Suarez: So can we have -- City ofMiami Page 146 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 NA.1 10-01365 Chair Sarnofff. All right. Commissioner Suarez: -- some sort of a timeline on when we're going to report back to the Commission on -- Mr. Toledo: What I'm going to -- Commissioner Suarez: -- what the progress is going to be? Mr. Toledo: -- do is I'll have conversations with DERM, especially with what Commissioner Sarnoff said because I think that's very good idea. I'll come back in December and let you know what the conversations have all taken place. Commissioner Suarez: And if you need more time, Orlando, you know -- Mr. Toledo: I'll let you know. Commissioner Suarez: -- that's fine. Mr. Toledo: I'll let you know. Okay. Chair Sarnofff. And remember, we're both going undercover bosses. Mr. Toledo: Yes. I know. Chair Sarnofff. All right. Commissioner Gort: Thank you. Carlos A. Migoya (City Manager): And by then we'd also -- should be able to give you a breakdown when we can actually do the online application. Commissioner Suarez: I would appreciate that. END OF DISTRICT 4 DISTRICT 5 COMMISSIONER RICHARD P. DUNN, II END OF DISTRICT 5 NON AGENDA ITEMS DISCUSSION ITEM UPDATE BY THE ADMINISTRATION ON THE CITY OF MIAMI'S 2009-2010 AND 2010-2011 FISCAL YEAR BUDGETS. 10-01365-Submittal-Monthly Financial Statement-Unaudited.pdf 10-01365-Submittal-Monthly Financial Statement.pdf DISCUSSED Mayor Tomas Regalado: The Manager has a report. City ofMiami Page 147 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Chair Sarnoft Mr. Mayor, you had a pocket item, didn't you? Mayor Regalado: Well, the pocket item is -- Chair Sarnoff Is the Manager -- Mayor Regalado: -- the report that we have for you in terms of the October numbers and a very interesting report about last year's final deficit. And I think it's important that you listen to what the Manager has to say because the Budget director and the Finance director and the Manager and the chief financial officers [sic], they have done a very thorough study and we now know for a fact what happened with last year's budget and why we went into a huge deficit that we went in last year's budget. And I promise to you, and the Manager would also do that and the management of this City, that this will not going to happen, that the deficit -- some of the deficit that -- of last year was created by human error and -- or another agenda. I cannot say, but you will -- you -- I'm sure that you will enjoy the Manager's report. Carlos A. Migoya (City Manager): Okay. Chair Sarnoff Or maybe not enjoy it. Mr. Migoya: Mr. Chair, Mr. Commissioners, Mr. Mayor, we have passed to you two separate sheets. One's a legal -sized sheet, the other one's an eight and a half by eleven. The eight and a half by eleven is the September 30 unaudited -- oh, they're legal now? Sorry. They're both legal -- the September 30, 2010 -- I got an old sheet, but it's the same thing. Chair Sarnoff Here's what we have. So the longer sheet should be your unaudited last year's financial? Mr. Migoya: That's correct. Chair Sarnoff Right. Mr. Migoya: And obviously, this -- these numbers are subject to the auditors doing the final adjustments and so forth. These are obviously our preliminaries from this standpoint. What these will show you are that our deficits, prior to the adjustments as we've been discussing, are -- have been for the end of September 30 at $23.3 million. In addition to that, we did do the analysis of all the special revenue accounts, for which those adjustments as -- to date are around the $5.2 million. We will have some others -- there's still a couple of other items still pending, but I think it's pretty close to being on target. In addition to that, we do have some other unpaid invoices that are the end of the year for $158, 000; the reclassification of some rental revenue collected, the capital for $250,000, some retro payments that we have to do to the fire, a worst -case scenario, which is no more than 2 -- a maximum of $2 million. It's probably going to be a little less than that. And then we have a collection of debt service from the CRA (Community Redevelopment Agency) of $3.1 million, and the net adjustments are 4.5. So at this point, the overall deficit will be $27.8 million, which, as I said, it would be -- we always said it'd be in the range between 25 and $28 million. That's what the number looks like. So without the CPA (Certified Public Accountant) or the auditor's adjustments at the end of the year, the balance that would be remaining is in the $12 million, which is what we've estimated all along. All year long what I -- what the Mayor was talking about, all year long we have not been dealing with the budget. We've been looking at everything we did from procurement freezes and salary freezes; was looking at projections as it relates to how we can reduce this deficit and working on it. But what we have now done is done an analysis of how, you know, we got to this deficit of $28 million. Andl can tell you that to start off with at the last year's budget, the revenue -- the property taxes were budgeted at the 95 percent collection rate without an allowance for true collections. Historically, we've been collecting between 90 and 91 percent. You all know that, City ofMiami Page 148 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 and we did that in this year's budget, and that's been done here historically. For whatever purpose, last year that was not done, so that was an overestimate on taxes of $10.7 million. That's number one. Number two, there was a line item of $10 million of additional revenues that was estimated that we would get additional optional gas tax. That number was overestimated by $5.1 million. So in a sense, revenues were overestimated by $16.8 million. In addition to that, we had several items on the expense side. For example, we had the Office of NET (Neighborhood Enhancement Team) budgeted at a level not including Litter Busters, and of course, we kept Litter Busters, so that was an overestimate of $600, 000. In the case of General Services, fuel was estimated for the entire City at half a million dollars, and the typical expenditures are $3.3 million, so that was underestimated by $2.7 million. In addition to that, the Parks Department did not have a budget for the summer programs at all, a zero, so that was an underestimate by $3.1 million. So if you look at all the under -budgeted items, we were under -budgeted from flat-out figures of $22.2 million by -- in itself. So those were all items that were under -budgeted and obviously that hurt -- that went towards that deficit of $28 million or $27.8 million. In addition to those items, there were two one-time issues that obviously were impacted. Number one is we had the Wellman case. You might remember that we had a $3.4 million adjustment, which, by the way, we may end up having some good news this year. But it was an expense last year, a one-time of $3.4 million. And then because of the -- what we were working in the -- on trying to make sure that we reduced staff and so forth, we had one-time vacation and holiday pays this year of a total of $10 million, of which we only budgeted $2.2 million, so that was also over budget by $7.8 million. So if you look at all those items into place, that had an impact of about 30 -- between the 22.2 on the budget and 13.4 on the Wellman and the one-time, that's 35, $36 million of things that had a negative impact. So that's well above the $28 million deficit. And that, of course, does not include the fact that the $5.2 million on the special revenues were adjustments that should have been done over the last four or five years where we have not had any reconciliations over that time. In the 5.2, there is a $3.1 million transfer that was done in 2008 that should have never been done, so actually that's a 2008 expense. So all of these are items -- so in addition to that 35, you can really say that $5 million is an additional, so there's about $40 million that rather had a negative impact to this year's numbers, which would have given us a positive of $12 million if we'd have had none of the above. But then as they would say in Cuba, if my grandmother had wheels, she'd be a bicycle and she's not a bicycle. Commissioner Suarez: Mr. Chairman. Mr. Migoya: Any questions on this? Chair Sarnoff. You're recognized. Commissioner Suarez: My question is does our auditor now also reconcile at the project level? In other words, this is obviously something that wasn't happening before, so my guess is it wasn't happening either in the audits because had the auditor been reconciling at this level of scrutiny, we would have -- he would have made a finding, I'm assuming, and the Vice Chairman would know better than L I'm learning a lot from being up here from that perspective. But I mean, shouldn't we demand that our auditor reconcile our special revenue accounts and all our accounts at the project level so that, you know, we have someone that's checkingMirtha's work and Ms. Dziedzic's work? Mr. Migoya: You did a better job of pronouncing her name than I do. But anyway, what we have done -- yeah, go ahead. Chair Sarnoff. You're recognized, Larry. Larry Spring: Larry Spring, chief financial officer. Commissioner, I guess to give some context -- andl know the Vice Chair knows it. The auditors are going to do an assessment based on City ofMiami Page 149 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 materiality. We have spoken to them about doing some additional work to look at the project by project level, but they still have to go through their process in determining what is -- you know, what is material and doing their sampling and all those things. Commissioner Suarez: But I think our failure to do that over the years has created material adjustments that we're looking at now. I mean, some of these adjustments are $3 million adjustments, you know, from several years ago. So I think the problem is they may not be material on one given year, but over time, they become material. Mr. Spring: Okay. Commissioner Suarez: So -- Mr. Spring: And again, I wanted to put on record, we have -- we've shared -- Commissioner Suarez: Thank you. Mr. Spring: -- that information with the auditors. We've asked them to add this additional level, but it still is going to be done in the context of their -- you know, their assessment of our risk and materiality. Commissioner Suarez: But I mean, I think -- Mr. Migoya: It's $5 million this year, ifI may add, and it was $20 million last year because you remember that we had to go back and make the adjustments. Commissioner Suarez: The capital accounts, yeah. Mr. Spring: Right. Commissioner Suarez: So whatl'm saying is that -- whatl'm asking for is for the auditors to do that extra work, you know, to -- and then materiality, I think, has to do with their findings. In other words, they're not going to bring it out and say that you're not in good standing unless -- Mr. Spring: No. Commissioner Suarez: -- if there's a material -- Mr. Spring: No, no. It goes -- Commissioner Suarez: Okay, an error -- Mr. Spring: -- into how they determine their -- Commissioner Suarez: -- Mr. Vice Chairman, can you help me -- Mr. Spring: -- sample and -- Commissioner Suarez: -- out here? Yeah. Mr. Spring: It goes in -- materiality affects how they choose their sample size, what transactions they look at, how many transactions they look at, so it's an integral part of them developing their audit program for the City ofMiami. And again, there are a number of factors, our risk. And clearly by what happened in the previous year, I know our risk factors in what happened last year, the housing market and all those things and our revenues going down will increase our risk City ofMiami Page 150 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 factors as a result so -- but we have -- I want you to know that we have formally requested of the C -- our CPA firm to do more project level review. Commissioner Suarez: Yeah. I guess in the legal context, materiality means something a little different. Chair Sarnoff Yeah, because remember, any audit we're getting is forensically done. They just -- it's like taking a drill and just drilling down, and they just choose different sections to drill down into. They don't do the whole thing. Commissioner Suarez: Right, and that's -- that -- you know, I think that's something we need to look at. I don't know how much more expensive it would be for us -- it would be tremendously more expensive? I mean, I -- Mr. Spring: And -- Chair Sarnoff But you can make the specific request of this accountant. Commissioner Gort: You can ask staff to do it every month, monthly. Commissioner Suarez: Well, staff is now doing it, but mean, I think the issue is also -- andl don't know what the Vice Chairman thinks 'cause he's more of an expert in accounting than I am. I don't know to what extent we should have someone checking our work at that level of scrutiny. Mr. Spring: Andl want to put on the record with regards to that costing more money. Because of this additional level, there perhaps could be a request for additional fees associated with our audit, just -- Commissioner Suarez: Well, I mean -- Mr. Spring: -- so you know. Commissioner Suarez: -- but if it's costing us more money, you have to put that in the context of what -- yeah, I know. I'm just saying you got -- Mr. Spring: Yeah. I'm not concerned about it. Commissioner Suarez: -- to put that in the context of like -- Mr. Spring: I just want the Commission to be aware. Commissioner Suarez: -- last year it cost of 20 million -- Mr. Spring: Right. Commissioner Suarez: -- you know, this year it's costing us several million as well to find these things. Mr. Migoya: It's a good investment. Mr. Spring: No. It is -- I'm just putting the Commission on notice so that when we come back -- or if we have to come back, you'll know exact -- you know, I'm tying the need for this drill -down level of review to perhaps us having a legislative item before the Commission so -- Chair Sarnoff Well, isn't it fair to say you unearthed a lot of old issues that just were fermenting City ofMiami Page 151 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Spring: Yes. Chair Sarnoff -- there for years and years and years? Mr. Migoya: That's correct. And what we're trying to do right now -- it's not just the auditors. What we're doing is we have the project managers and the special counsel on one side. We've also asked the Grants Department to have administrative duties as far as monitoring how the grants are being done. In addition to that, we got budgeting doing the reconciliation now of the project accounts. And on top of that, we want to increase the scope of the auditors to include projects instead of just doing it at the fund level like he used to do it. So we're actually adding a lot of checks and balances to this whole process so this doesn't happen again. Chair Sarnoff Okay. Any other questions on the year -ending, the '010 [sic] budget unaudited? Do you want to --? Mr. Migoya: If there's no other questions on that, I want to talk briefly about the October. Chair Sarnoff You're recognized. Mr. Migoya: The October numbers, obviously, it's a one -month number. It's very, very early. There might be, you know, some expenditures. Just because a department's showing a little bit over or a little bit under is not necessarily right now as important because there 's still a lot of volatility on a one -month numbers. But what this shows us on the expense side -- if you go down to the very bottom -- not the very bottom, but close to the bottom, it says expenditures before pensions and transfers. Our budget on an annual -- on a monthly basis -- on a one -twelfth basis is $34.2 million. We spent for the month of October 30.4, so we're above -- we're better than budget on expenses by $3, 777, 000. So we have a little bit of room for whatever other adjustments are. So it looks like our budget for the first month is looking okay. We will not know what the revenue numbers are going to be, of course, until December because that's when you start collecting taxes and you'll have even a better -- more accurate information on taxes probably January/February. But the bottom line is the expenses is the thing to monitor right now and that looks like they're on track. Chair Sarnoff We budget our revenues so our ad valorem comes in -- we budget it at 95, and then we reduce it to 91? Well, what did we do for this budget year? Mr. Migoya: She's going to tell you. Mirtha Dziedzic (Director, Strategic Planning, Budgeting and Performance): Mirtha Dziedzic, Budget Department. What we did is we created like a reserve account in NDA (Nondepartmental Account) for that offset amount, which is approximately $12 million. Chair Sarnoff What percent? Is it 91 percent we antic --? Ms. Dziedzic: Ninety. Chair Sarnoff Ninety? Ms. Dziedzic: At ninety, um -hum. Chair Sarnoff So -- okay. Ms. Dziedzic: The experience in the cur -- in fiscal year '10 is lower than it has been in the past City ofMiami Page 152 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 few years because of the Value Adjustment Board reducing property values and people holding off on payments so -- Mr. Migoya: There's a chance that we may be a little conservative by a couple of million dollars, but right now you're better off to be conservative 'cause we don't know what the collections are. If you know, the Value Assessment [sic] Board and everybody moves along like the way they should, we should get a higher collection, but we can't afford to take that risk at this point. Commissioner Suarez: Mr. Chairman. Mr. Migoya: We have to go with the conservative route. Commissioner Suarez: With $12 million in reserves, we have no other choice. Commissioner Gort: Yeah. Commissioner Suarez: But my question is -- I don't really understand -- and I know that you kind of explained where we're at vis-a-vis October because we don't even -- we haven't even gotten tax revenue. Our tax revenues are coming -- Mr. Migoya: Correct. That's why -- Commissioner Suarez: -- 'til November 1. Mr. Migoya: -- we're focusing on the expenses, not the revenues. Commissioner Suarez: But why do we forecast -- just out of curiosity, why do we forecast a negative $27 million? Is that -- am I misreading that, where it says total revenues under expenditures at the bottom? Mr. Migoya: Well, that's not a forecast. That's an actual statement. What it is -- Commissioner Suarez: What do you mean? Mr. Migoya: -- is that, you know, our revenues that we collected for the month are only $19 million. So we did have -- technically, if you were to create a P&L, a profit and loss statement, we had a deficit of $27 million this month 'cause we have no revenues. Revenues don't -- Commissioner Suarez: But -- Mr. Migoya: -- come in until -- remember that you get the bulk of revenues at the end. Commissioner Suarez: No. I know, I know. But I'm saying, how do you --? So what you're saying is that the more accurate number is the one that -- the other number that you showed us, which is that we're actually $3 million beyond where we thought we would be at the end of this month? Mr. Migoya: Yeah. Those are the actual expenditures. If you were to put revenues in an accrual method, which the City does not, then you'd be able to show a profit or a break even because you'd have the revenues. But we are not showing the revenues until we get them. Commissioner Suarez: Now I totally get it. So this is a month -- this is, in essence, a monthly loss in a way of looking at it. Like saying -- City ofMiami Page 153 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Mr. Migoya: It's not in essence. This is a cash -- expenses and a cash -- Commissioner Suarez: Got it. Mr. Migoya: -- revenue. Commissioner Suarez: Got it. Completely understand now. Thank you for explaining it. Chair Sarnoff But you're doing better than you thought. We're doing a little better than we thought. Commissioner Suarez: Right. The point is I think that as -- between this year and last year and other years, we're doing better than what we thought. We're actually running in the red -- in the black -- Mr. Migoya: Yeah. Commissioner Suarez: -- instead of in the red. Mr. Migoya: From a budget -- Commissioner Suarez: Right. Mr. Migoya: -- and expense standpoint. Commissioner Suarez: Exactly. Chair Sarnoff Let Commissioner Carollo make the characterizations. I'm getting better. All right. Mr. Migoya: And there's one more item. The reason why we did it before the pension -- 'cause remember, the pension is a quarter -- right now we did a quarterly payment, which is higher than just a monthly, so we don't want to put that in the there. We just want to look at monthly comparisons, which is the operating. Chair Sarnoff So you -- so then you put it to a monthly issue? Mr. Migoya: Right. So that's why we -- Chair Sarnoff So it's one -twelfth. Mr. Migoya: -- the number we did here was above the pension number. Commissioner Suarez: Let me ask this one last question. Do we have a cash flow issue? Mr. Migoya: I'm sorry? Commissioner Suarez: Do we have a cash flow issue? Mr. Migoya: Cash flow issue? Commissioner Suarez: Yeah. I mean, we only have 12 million in reserves. We have to be advancing all this money, do we have a cash flow issue? Mr. Migoya: No, we don't. We have enough cash -- City ofMiami Page 154 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Suarez: All right. Mr. Migoya: -- accumulated cash to be able to deal with this. Commissioner Suarez: Okay. I just wanted to know. Vice Chair Carollo: I think we're set, Mr. Chairman. Chair Sarnoff All right. Gentlemen, please be back here -- Commissioner Dunn: Good job. Chair Sarnoff -- this is ambitious -- 1 o'clock. Vice Chair Carollo: One o'clock. NA.2 DISCUSSION ITEM 10-01366 DISCUSSION BY COMMISSIONER GORT REGARDING PRIVATE SECTOR SPONSORSHIPS AND NAMING RIGHTS FOR PUBLIC POOLS TO HELP WITH MAINTENANCE COSTS ASSOCIATED WITH THESE FACILITIES. DISCUSSED Direction by Commissioner Gort to the City Attorney to look into whether or not there are any legal impediments that would prevent the City from seeking private sector sponsorships and naming rights for public pools. Chair Sarnoff All right. I believe we are at -- Vice Chair Carollo: CA (Consent Agenda). Chair Sarnoff -- I guess we're at the consent agendas [sic]. That's correct. Although I did say -- didl say I would --? I know everybody -- I believe you have some pocket items, andl saidl would bring those up -- didl say right after lunch? Commissioner Gort: I don't -- Chair Sarnoff You had two pocket items, right? Commissioner Gort: Yeah. Before you leave, we can do it, no problem. Chair Sarnoff Let's -- you know, let me do the pocket items, if you don't mind. Commissioner Gort: Okay. I don't know if you have copies of it or not or -- Do we have our pocket items? One of the pocket items that I have, we received some of the information from the Parks Department, if you all aware, with the -- we have the swimming teams, that they're getting the -- they were able to -- they had to raise the fees for. And one of the radio stations, we -- the suggestion came up that maybe we should get some of the -- work with the Parks Department trying to get some sponsors and somebody from the private sector to help us sponsor a lot of the swimming teams. And this is something that I would like to -- at the same time, one of the things we're looking at -- I know the Parks Department is low in funds and a lot of times the maintenance of the pools -- I requested it also, and they're going to send me the information, what is the cost of the maintenance of the pool throughout the year and maybe we can sell name City ofMiami Page 155 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 [sic] rights in the pools and get the private sector and some of the major corporation to fund the revenues to do the maintenance. So it's sort of like a discussion item for the Administration to look at and see if there's ways legally that we can do that. Ernest Burkeen: Ernest Burkeen, director of Parks & Recreation. Yes, we can look at that. Swimming pools are not ideal places for sponsors because it's -- they don't get a lot of exposure, so it's a very difficult deal. I think what would best take place is if we could hire someone who specializes in looking for sponsorships as a full-time job. I think we will be better off in that manner. Commissioner Gort: Well, I'd like to get together with you and you guys can come up with a plan. Mr. Burkeen: But you give it to them as part of a commission. I mean, whatever they generate, they get a portion of. Chair Sarnofff. I didn't follow the last part. Mr. Burkeen: If you hire someone -- Chair Sarnofff. Right. Mr. Burkeen: -- who has a specialty in looking for sponsorships -- and there are people who do this as a part of their business and they get a portion of what they generate -- Commissioner Suarez: He means they work on commission. Chair Sarnofff. Right. Mr. Burkeen: Yes. Commissioner Gort: Yeah. Commissioner Suarez: Basically, yeah. Chair Sarnofff. And guess you're saying we don't have anybody on staff with that technical expertise. Mr. Burkeen: Absolutely not. Chair Sarnofff. Okay. Commissioner Gort: No, but I'm not saying in staff that it should be the job of staff to do that. But I'm saying we -- whatl want to look at is legally, we can do it. Is there any impediment for us to do that? Andl think we, the Commissioners, could probably talk to a couple of people within the industry to try to come up with some kind of funds. We need to know first the budget, what the budget is, and then we can discuss that with some of the -- like I can tell you one pool that think it will receive a lot of benefits is Shenandoah pool. I mean, you have that 22nd Avenue, which you have a high ridership. You got the Curtis Park. You have a lot of people that visit Curtis Park, so you have a good turnout of people and traffic within that area. And this is -- I'm not an expert in marketing that type of -- but did work in the industry at one time, andl think that traffic is what makes the difference. Thank you. I appreciate it. Commissioner Suarez: Mr. Chairman. City ofMiami Page 156 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 NA.3 10-01367 Commissioner Gort: But mainly, what I'd like to instruct the Law Department to look into is any impediment in trying to do some sponsorship. Chair Sarnoft Commissioner Suarez. Commissioner Suarez: I just want to thank Commissioner Gort for taking leadership on this because it's an issue that we're dealing with in Shenandoah. Initially, the pool was going to be closed, then we went to opening the pool and having to charge a fee. And then we went to trying to figure out ways to reduce the fee and offer scholarships. And this would be, obviously, a good extension of that. So I want to thank the Parks Department for that, and Juan and Mr. Pascual for working with our office to bring back the pool, bring back the program, and also offer those scholarships. So whatever you need from me in that regard, I'm 100 percent on board. Anything I can do to help, any calls you want me to make, I'm available. Commissioner Gort: Thank you. DISCUSSION ITEM DISCUSSION BY COMMISSIONER GORT REGARDING THE RELEASE OF INMATES FROM CORRECTIONAL FACILITIES, AND RELOCATION OF THE HOMELESS, BY MIAMI-DADE COUNTY AND OTHER MUNICIPALITIES, WITHIN THE CITY OF MIAMI. DISCUSSED Direction by Commissioner Gort to the Administration to work with Miami -Dade County on the issue of inmates being released from correctional facilities within the City ofMiami. Chair Sarnoff All right. I think you had a second pocket item. Commissioner Gort: The second pocket item is we all know that the City ofMiami receive no benefits for the continued growth ofMiami-Dade County. My understanding is the County right now is closing the TGK (Turner Guilford Knight) processing for criminals and that creates a major problem. This is a problem we've had in the City ofMiami for years, where anybody that gets picked up anywhere else in the County is taken to Jackson Memorial and then they're let go right there in Jackson Memorial. Any criminal that is picked up anywhere within Dade County, now they're going to take them to -- right to 12th Avenue, right into the heart of the health district, which it creates -- most of those people they let go right away and they go out there and that's the problems that we've been having. We experience this in downtown, which brings this in District 1 and District 3 and in all -- just about every district. Andl think we -- somehow, we should talk to the County because a lot -- at one time they used to do a lot of processing in the south, but people started protesting or some of the residents were not too much in favor, so they closed it. And it's -- we already receive enough problems. And I'd like to see what we can do. Chair Sarnoff Mr. Manager, Commissioner Gort brings up what I think is the most profound issue in all of the City ofMiami. I think this is inter -district. I don't think it matters. Essentially, we have become or we historically have become -- andl know you more about this than I do -- but we were the dumping ground for every municipality throughout Miami -Dade County. Carlos A. Migoya (City Manager): I understand. Chair Sarnoff Fifty-one percent of all homeless people get brought to downtown. Fifty-one percent of what would be -- I think we would be the 36th largest state in the United States if, geographically, that's how much area we cover. And then to add insult to injury, profoundly, most of our prisoners were always processed through 13th Street -- or 13th Avenue, I guess is the right way. And now with the closing of TGK I think for 18 months, every prisoner in Dade City ofMiami Page 157 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 County will now go through us. The County had $300 million in their GOB (General Obligation Bond) for criminal justice purposes. The person who is in charge wanted a $400 million prison. There's got to be a compromise where they build a $300 million prison and put it somewhere south of here. You cannot continue to use Miami -- City of Miami as the washing machine and allowing everybody just to come out right when they get -- they say 2 o' clock, I think, is the exit time for this, and the police officer will tell you that you could actually see the trail of glass from all the broken car windows as the people make their way home. They don't get a dollar in their pocket, ten dollars or five dollars to get home. They get home with however they can. And this is an issue that will visit this community until we do something about it and make a demand, and it's a little bigger than the City ofMiami. But Commissioner Gort is dead right. This is something that can't continue to go on. We cannot be everybody's dumping ground. Mr. Migoya: This has been going on for years, but I -- you know, we're in conversations with a lot of different things with County management and I'll see what -- I'll talk to them about it and see if there's anything we can do about it. There might be another solution, not just waiting for a new jail to be built in South Miami or someplace in South Dade. Maybe the way do it is somehow we -- once they release, to get a release back to where they came from and not necessarily just downtown or on 13th Avenue. Chair Sarnoff Well -- Commissioner Gort: We had requested that many of times. I mean, matter of fact, some of the Homeless Trust and -- when we voted in favor of having the first one in downtown Miami, part of the solution was that they were going to try to work with the -- with Jackson Memorial Hospital or the health district in trying to bring those people -- trying to take them back to where they came from. And at the same time, with the people that were taking the criminals that were arrested outside of the City ofMiami, take them back where they were arrested, but they're let go right there on 13th Avenue. That's -- Chair Sarnoff You know, Mr. Manager, the facility out there was built in 1960. It's had two major renovations to it. It's got a camera system and it has an elevator. It was designed to house less than 2,500 people. It presently houses 7,000 people. It was designed to intake 50 people per day. It presently takes in 420 per day. It is so outdated. It is so broken at the seams, it is splitting. And while it might be well and good to say TGK in 18 months may take some relief off the system, right now what's going to happen is to process a prisoner, what was once a three-hour exercise -- Commissioner Gort: Could be five. Chair Sarnoff -- could be a five- to six -hour exercise -- Commissioner Gort: Not overtime. Chair Sarnoff -- which means -- Right. Commissioner Gort: Not overtime. Mr. Migoya: CA.5 that you'll-- that's front of you today has a planning grant for -- discharging of planning grant for homeless, some money being set aside specifically that -- for the homeless. You want to talk about it. Chair Sarnoff I'm not sure. Yeah, I'm not sure that -- Sergio Torres: This actually is -- Sergio Torres, City ofMiami, Homeless Assistance Program administrator. The item CA. 5 is a $340, 000 from Miami -Dade County Homeless Trust, and this City ofMiami Page 158 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 grant actually is targeting the people exiting the judicial system and hospitals, so it collaborates a plan with jails and all agencies involved in the judicial system to have a plan upon discharge of inmates and people from mental institution. Chair Sarnoff. So -- Mr. Torres: We have -- the homeless program has an office on the court building. We attend two bond hearings; one in the morning, one in the afternoon, and we offer assistance to those that want to join the continuum of care -- the homeless continuum of care voluntary. However, it's on voluntary basis. We cannot force them to join our continuum of care system. And since most of them know the system, some of them are reluctant to be placed in housing. Chair Sarnoff. Commissioner Gort's problem is this, you are -- let's just say he's saying we'll take care of our own. We have criminals in City ofMiami; we'll take care of our own. But we take care ofAventura's, we take care ofMiami Springs Miami Shores'. You're transporting criminals to the City ofMiami. Mr. Migoya: Yeah. There's two different issues. One is the homeless and the -- Vice Chair Carollo: Right. Mr. Migoya: -- other is the criminals. Vice Chair Carollo: There's two separate issues. Commissioner Gort: Yeah. Mr. Migoya: Yeah. Commissioner Gort: But I'd like to have a suggestion. My understanding is the grant that you're receiving is to try to give them assistance to those people and it has to be volunteer. Mr. Torres: Exactly. Commissioner Gort: Now my -- Mr. Torres: Homeless -- Commissioner Gort: -- question -- Homeless. I understand. My question is can we change that? Instead of giving them assistance, give them transportation; take them back where they came from? Mr. Torres: We do that as well. Commissioner Gort: Okay. Perfect. Vice Chair Carollo: Now that's just for homeless now. Commissioner Gort: Right. I understand that. Vice Chair Carollo: Now, we got -- we have to see -- Mr. Migoya: We still have to deal with the criminal piece. Vice Chair Carollo: Right, with the criminal piece. City ofMiami Page 159 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Commissioner Gort: The problem with the criminal, according to the reports that I read, they're going to save -- the County's going to save about $3.4 million, but everyone else is going to have a lot more expenses because the waiting time now -- what used to be before one hour or two hours, it takes three and four hours, so you can imagine in overtime how much not only us, but all the other -- the cities that are going to be paying for booking individuals. Chair Sarnofff. Well, we hired detention officers, did we not, to do the transportation? I know you probably don't have enough, but isn't that how we did it? Major Steven Caceres: Major Steven Caceres, City ofMiami Police Department. Yes, we do have ten detention officers that we hired that does the transportation for us currently. Correct. Chair Sarnofff. And do they transport 80 percent of all of our arrests, 90 percent, 60 percent, 50 percent? What --? Major Caceres: They transport a substantial amount of our prisoners. And when they're tied up at the jail, we'll bring the prisoners to the jail and drop them off to the correction officers if they're available at the jail. Chair Sarnofff. When -- I don't know if you were -- I know you weren't a part of this, but with the previous administration -- andl was meeting with the then staff members of the Police. Back then while TGK was open, the average time it took for a City ofMiami police officer from the time that they transported to the time they were able to leave intake was three and a half hours. So if you now add TGK being closed, you're probably adding an hour and a half to two hours to that. If you have adequate detention officers, theoretically, you're not taking police officers off the street because theoretically, detention officers are not patrolling the streets. If you don't have adequate police -- I'm sorry. If you don't have adequate detention officers, then you are taking a police officer and either one, taking him away from his duties or two, giving him overtime, and you guys have done a great job about limiting your overtime. I think this is a conversation that he is dead right. I mean, he is ground zero for a problem that all ofMiami-Dade County is very glad and very happy to put right in the laps of the City ofMiami. Commissioner Gort: So the -- Mr. Migoya: As it relates to the criminals -- Commissioner Gort: Right. Mr. Migoya: -- I will again try to meet with the County and see -- I don't know if it'll go anywhere, but we're going to try to at least have conversations with the County to see if there's anything can be done around that. Commissioner Gort: I have two suggestions. I'd like to see you work with the County. At the same time, I'd like to see -- Commissioner Suarez, you being a member of the League of Cities andl -- this is something that should be brought to the League of Cities 'cause this is something that all the cities are going to be affected. Thank you. Commissioner Suarez: I will do that. Chair Sarnofff. Actually, they'll be affected, but we'll be the one that catches the flu. Commissioner Gort: Yeah. Chair Sarnofff. All right. It's really our problem. City ofMiami Page 160 Printed on 12/13/2010 City Commission Meeting Minutes November 18, 2010 Vice Chair Carollo: Right. Chair Sarnofff. It comes down to us. ADJOURNMENT A motion was made by Commissioner Gort, seconded by Commissioner Suarez, and was passed unanimously, with Commissioner Carollo absent, to adjourn today's meeting. City ofMiami Page 161 Printed on 12/13/2010